' : INTRODUCTORY LECTURES THE STUDY OF HISTORY, DELIVERED BEVORE THE UNIVERSITY OF DURHAM, THOMAS GREENWOOD, ESQ., M.A., BARRISTER-AT-LAW, AND FELLOW AND READER OF HISTORY IN THE UNIVERSITY. [PUBLISHED BY DESIRE.] LONDON: JOHN COCHRAN, STRAND; F. ANDREWS, DURHAM; AND E. CHARNLEY, NEWCASTLE UPON-TYNE. 1835. Q LONDON : Printed by Wir LIAM Cr.owEs, Duke-street, Lambeth. LECTURE I ey of I 1 i " ' n roduc e are ERRATA. r ^ we P. 25, line 10, /or utmost, read almost. both 32, the marginal note should be placed at the beginning of the llth line, " But the point," &c. HlOSt EMENDATION. P. 10, line 14, instead of" such, for instance," read i( as do such incidents " utility, tiieiii iimi LU wmcn i nave had the honour to be appointed your reader. I am fully conscious of my inability to extricate myself from the dilemma. But if I succeed in conveying useful instruction to the junior portion of my auditors, I feel no doubt of the kind indulgence of those whose maturer attain- ments could receive little addition from any observa- tions I am able to offer upon a subject so familiar to their studies as that of History. The first difficulty we encounter is, the want of any precise notions of the scope and extent of the FTHESUB " subject. In the whole range of literature, it would be difficult to point out one upon which the notions of men are more unsettled than upon that of History. B i Thus it has happened that almost every thing which | can be made the subject of narrative, and much | besides, has been historically treated. In this way the arts and sciences have afforded matter for histo- rical inquiry ; astronomy, mathematics, chemistry, poetry, painting, romance ; districts, cities, towns, villages, even single buildings, have had their histo- rians ; nations, races, families, even individuals, have in like manner furnished materials for similar compositions : so likewise morals, religion, civiliza- tion, literature, and many other topics, have been treated in the same way. Again, subjects which are not suited to narrative have borrowed the name of history; the conduct and habits of animals for instance, every part and portion of matter, animate and inanimate, is brought within the domain of what is called natural history. And if, in this application of the word, we have regard only to the primitive meaning, we cannot object ; the Greek word f 'I(TTopioL is derived from^Itrrwp, one having or possessing knowledge, and this again from ' l(ra the day dream of an ingenious political speculator. But the followers of Rousseau lost sight of t parting admonition of their master. They pro- [,* claimed the sovereignty of the people with all its con- j* sequences and corollaries. The deplorable result f xt< ; nt > ;il ' (l leads to the has, I fear, not yet cured us of repeating a proposi- mosi de P ! - tion inaccurate, if not untrue in itself; one, at least, suits, which the people of every old and settled community cannot be too cautious in adopting J. * See the conduct of the Athenians towards their subject allies, of the Romans towards their provinces, of the Swiss in their dependent balliages. Zschockke Gesch. der Schweitz, c. 64, p. 500. Ed. Aarau, 1831, 18mo. t Contr. Social, liv. iii. c. 15. I To the best of my recollection Rousseau himself adds this very caution. The words have escaped my memory. '22 aversion f tne political speculators to systems to the test of past experience i& leads to easily accounted for, on the score of the intractabi- historical scepticism, lity of history. It became necessary to pass by or to discredit facts too obstinate to be bent to their purposes they would not submit to her as the " ma- gistra vitse " whom they would be willing enough to take as their handmaiden. The result of their la- bours, however, was a very widely spread spirit of historical scepticism which ran through society, and which is not even now much upon the decline. And as it is impossible that in the course of your reading you should not often meet with arguments and insi- nuations against the authority and the utility of the noble study which is to form a portion of your aca- demical education, it becomes almost a duty or my part shortly to notice the error in question, and to> point out its source. It is customary for reasoners of this class to express the most profound repugnance for the fables and falsehoods by which History is so often disfi- gured, and to deplore, pathetically enough, the state of doubt and uncertainty into which they are plunged by the unfaithfulness of historians. To every human mind, they observe, some infirmities of passion or prejudice must cling ; from all human knowledge large deductions must be made for the impossibility of correcting error ; and from this they infer that amid the inextricable tissue of truth and falsehood, it is not possible to get at the truth with 23 a degree of accuracy sufficient for practical appli- cation. History, they add, thus becomes a source of error rather than of knowledge, and there is no refuge for the student but in general scepticism. But this reasoning is extremely inconclusive ; and moreover the motive of it is exceedingly plain. r . ical SCC P- ^^r**"--"'^- > _ nr Iu -.^M, ; __ ,, ^ O J tics incon- Admitting the premises to the full extent, ac- elusive. knowledging freely that in almost all history there are mistakes designed and undesigned, proceeding from ignorance and from passion, from prejudice and party feeling ; yet it does not follow that it is impossible to get at the truth even in the very ques- tions and matters to which these objections most strongly apply. But to arrive at this desirable J'' 8 " va ' & J r J hd objec- object often requires the most diligent research, and tion to the the exercise of great talent. To take the early truth of His- L~~~- ~- .^ ' ' ' """ '""' toi 7 that il History of Rome as an example ; there is no period requires re- ; search and involved in doubt more profound, or m confusion, talent to get more inextricable; yet by a right application of a^- general principle which pervades all traditions, how- ever untrustworthy and fabulous, as to particular facts, namely ; that " such traditions do convey faithful information respecting the primitive laws, institutions, and religion of the people " the indefa- tigable historian Niebuhr has succeeded to the satis- faction of all who have the leisure and ability to follow him through his laborious researches, in eli- citing many interesting truths from the mass of traditions and fables which he has undertaken to dissect and explain. 24 tt ^hecom- When you hear complaints of the unfaithfulness of Mattel ^i stor y> y ou should first ascertain whether they pro- the dispo- ceed from persons who show a disposition to inquiry sitioQofthe complain- next whether they possess the talents and the industry ants for in- dustry and necessary to carry them through a laborious series of research. For surely until the objectors shall have shown, upon the most solid grounds, that wo research, or industry, or talent can avail for the discovery of the truth, their protest can have no validity. But you will find that there are very few of the numerous class of historical sceptics who have condescended to submit their doubts to the same test as that to which we are willing to submit the general truth of history. When they inculcate caution, you will find them relying upon particular instances of error or of dis- honesty, of which, we admit, there is ample store. The historian goes along with them in inculcating caution. But here, as in the ordinary mode adopted by sciolists in dealing with general maxims, they push a salutary principle to the extreme, and con- vert it into a pernicious absurdity ; for what greater practical absurdity can be imagined than the plung- ing into scepticism as a refuge against uncertainty? We reply If the obiectors had contented themselves by telling that after all J deductions us that we cannot hope to get at the whole truth that are made 1 . .... i j ! i for error, there is much uncertainty in historical detail, much and fraud, fraud and falsehood in individual writers ; many - errors incident to particular states of the public mind fuHd o"ex- which infect the annalist as much as they infect the penence. a g e j n wn i c |) } ie lived ; that we should be wary and 25 cautious in examining the statements of party men ; in scrutinizing documents which come out of suspected custody, and in guarding generally against the ignorance and prejudices of historical writers, we should have offered no contradiction. But we affirm that, after all these deductions are made after re- jecting all that is manifestly false or unfair, and setting down a great deal more as douhtful, there remains a vast fund of truth, a rich treasury of experience, to answer the utmost unlimited drafts of the historical, political, and moral philosopher. The great question between the believer in history The histori- (if I may use the term) and the sceptic, has played a very serious part in the affairs of the world within the last half century. A large class of political reasoners resolved upon treating politics without re- ference to experience, and reforming the world with- out asking counsel of History. They regarded man in the light of a creature possessing reason and claiming certain rights. But they in a great degree neglected the other half of his nature : after some general admissions, they in substance chose to forget that he is also a creature with many passions, and therefore often doing wrong. They did not choose to The y mis - . . took the observe that his passions and desires are the moving character of r n i 11 hum *n na- torces in all his actions ; that reason is only the ture. directing power, a power, as far as men in the ~ - _ >**' *-* * mass are concerned, always subordinate, sometimes wholly impotent. Hence it happens that writers of this class, instead of beginning by checks and con- 26 trols, exhaust themselves upon speculative rights, neglecting positive and practical wrongs. Viewing things in this light, it is not to be wondered at that they should have formed extravagant notions of the dignity of human nature and of the inherent virtues Neglected o f the human character; that they should have all those f * checks by despised and neglected in their several systems all which his ' . evil pas- the necessary coercive checks by which the predo- sions might . ...,. be con- mmant evil principle might be restrained, and the his reaso^ directing power strengthened and elevated. And enedf hence it happened that in the perilous attempt to pi n u d ri ged re s b o- carry their theories into practice, all the ancient antrch'yand bonds of society were torn asunder, and anarchy of disorder. ^e mos t appalling character introduced. The most zealous of these speculators became the earliest victims of their own refinements ; and to the rest no refuge presented itself but in the coarse and vulgar expedient of military despotism. History Nothing of this could have happened had they furnish us condescended to consult the experience of mankind as recorded in the history of past ages. It is from History alone that we derive our knowledge of that ror ' important half of human nature which they omitted out of their calculations it is from a diligent study of History alone that we become familiar with the practical working of the human character, as mani- fested in the mass of mankind ; and it is only by regarding that character under this aspect that we can expect to obtain sound practical rules for the establishment of any beneficial scheme of social polity. 27 IV. But after exposing to the best of my ability, IV -SOURCES what I believe to be the errors of historical sceptics, RICAL ER - _ ROR AND and their practical consequences, it may be expected GROUNDS , T , , , , UPONWHICH that 1 should at least notice the grounds upon which THE CAUSE the cause of historical truth mainly rests. I begin by CAL TRUTH adverting to the principal sources of error. These may be conveniently arranged in three classes : 1 . The adulteration of truth by the admixture of fable : 2. The effects of prejudice, passion, and party spirit; and 3rd. The errors of ignorance, credulity, and conceit. 1. With regard to the first cause of error, namely, K^" 1 ' 6 * J ration of the adulteration of truth by the admixture of fable, trulh b x lhe f . . admixture we may remark that it principally affects the primi- f faW - tive ages of the world, and the periods antecedent to the rise of letters, when all that could be known of former ages was contained in popular traditions and the lays of poets. These ages have been generally, though I think wrongly, called the unhistorical periods. The distinction and it is a very marked one between fable and falsehood has been often Fablc not J J % m falsehood. overlooked. In the most fabulous traditions, provided they are genuine traditions, there is generally a very distinguishable foundation of truth. The poems of Homer are made up of such traditions ; and though the incidents they recount, taken as naked facts, can- not be too cautiously received, yet even in this respect they are not without their historical value. But view them in another light, and they assume a much higher degree of importance in the eye of the historian. They 28 picture of the primitive condition of the th^ sutler most interesting nation of antiquity; they present us laws and with much curious and instructive information upon govern- ment, mo- the state of laws and government, of morals, arts, and rals, arts, and religion religion among the old Hellenic tribes. Indeed the of the na- tions among works of Homer, together with those of Hesiod, the sprung up. Orphic poems, and a few other sacred lays, may be regarded as the sacred canon of the Greek poly- theism*. And indeed however little we may be disposed to rely upon mere traditions for specific facts or classes of facts, we cannot avoid perceiving that they stand in a very different position with respect to the two most important interests of so- ciety, namely, Government and Religion. The Mythic traditions of Greeks and Romans, of Egyptians, Persians, Hindus, Chinese, and many other nations, often point with surprising distinctness to the origin of laws and public institutions ; they absolutely identify themselves with the religion of the people, and we may generally rely upon them for a tolerably correct estimate of the moral, intellectual, and politi- cal state of the society to which they relate. I have already observed that one writer at least has made an admirable use of this observation to introduce light and order into the primitive history of the most renowned nation of antiquity f. i * So at least they were regarded by Herodotus (Euterpe, c. 53, p. 153. Ed. Reiz. Oxf. 1814.) See also Mitford, vol. i. p. 63. 4to. edit. t See p. 25. 29 2. As the admixture of fable is the principal 2 b>ro r rs 1 arising irom difficulty we encounter, in investigating: the earlier P assion > J prejudice, stages of society, so there is scarcely any period in and party which the purity of History is not in some degree , contaminated by passion, prejudice, and party spirit* This source of error, however, flows most abundantly in those turbulent periods when the minds of men are thrown off their balance by violent political or religious differences. In such times the progress of inquiry is not only impeded by misstatement, distor- tion and suppression of fact, but by inventions and tortion an>, happens that the mere truth of an alleged fact is of far less importance than the motives which prompted m-***** # < rtL*^**-****tfC*.uf*-' the allegation, and the credit which it obtained in the world. The belief, for instance, in the pretended donation of Constantine to the Roman Church, so prevalent during the dark ages, gave considerable * A witness can come prepared to support by falsehood any single issue; he may affirm and deny what he pleases, with much greater boldness than where he undertakes to state a great variety of facts ; and it is the ordinary practice in cross-exami- nation, to lead a suspected witness into extraneous detail, for the purpose of trying his veracity. 33 strength to the papal claims. So likewise the belief in false miracles, pretended inspiration ; in the re-advent of remarkahle persons, as Sebastian of Portugal, the emperor Frederick Barbarossa, Richard duke of York ; in witchcraft, alchemy, astrology ; in fabulous descents, invented to support unfounded claims to sovereign authority, and a vast number of other delusions, by which the minds of writers and readers were equally swayed, belongs to the most remarkable historical phenomena ; and the effects it brings forth disclose, with the greatest vividness, the most important They dis- phases and forms of public opinion. How much may forms and we not learn from the mutual slanders of party men ? public opi- From the calumnies of faction, and the falsehoods obvi- ni ously invented to throw discredit upon opponents, or to ruin individual character ? In modern times, the lie of the day often produces a powerful effect upon public conduct. In most of these instances, it would be a mere waste of labour to inquire into the truth of the alleged facts themselves ; since their whole importance consists in the insight they afford into the state of the public mind, and the causes of public events. 3. The last source of error to which I shall 3. Errors of TVT IT ignorance advert, is ignorance. Now simple ignorance would and conceit. have no worse effect than that of leaving us in doubt and uncertainty. It manifests itself by silence upon points of importance to the narrative, by confusion and want of connection, by a poor and dry and unin- teresting style. Pliny somewhat hastily observes, D I 34 The histori- that " History however ill-written is always agree- ans of the . J middle ages able. I am willing to submit this proposition to afford many instances of the judgment of those who have been compelled to these de- , . . fects. wade through the monkish chronicles of the middle ages, where if the bushel of chaff yield the two grains of wheat, the harvest of facts must not be regarded as below the average. But as far as these documents go, they are generally correct ; they there- fore afford considerable assistance in determining dates, and in verifying many important transactions, drawn from other and perhaps less authentic sources. Yet even these meagre and uninstructive registers are often tainted by credulity, and disfigured by the most laughable conceit. The annalists of a half-learned age are peculiarly liable to these defects. The II consciousness of ignorance produces a constant effort II to swell out their scanty stock of facts by the assist- ance of vague and unmeaning traditions, by attempts to reconcile what the writers know with what they hear, and to bring fable and fact into an unnatural alli- ance. The early historians of France and Germany, of England and Scotland, abound in specimens of this mixture of ignorance, credulity, and conceit. The best of them, such as Jornandes, Paul Warne- frid, Gregory of Tours, Witichind of Corvey, the Chroniques de St. Denys, Matthew Paris, are by no means free from these defects ; the rest irritate and weary and disgust the reader by turns, so that nothing but the stoutest determination can suffice to carry him through his task. This is indeed the 35 Sahara of literature ; few are the adventurers who dare to traverse it, and none but the strongest literary constitutions can withstand the privations and fatigues which it entails upon them. But even where ignorance cannot be charged, Livy, Dio. credulity and conceit sometimes make their appear- SSi ance. Even Livy himself may not unfairly be accused of giving currency to many fables, and with adorning the history of Rome with many stories which be himself did not believe. Dionysius of Halicarnassus, Diodorus Siculus, and Plutarch, are frequently very credulous ; they adopted every attractive fable ; and instead of drawing from them the instruction they were capable of yielding, chose to treat them as matters of fact, and to expend their ingenuity in the vain attempt to arrange, and reconcile, and bring them into some kind of historical congruity. I shall now entreat your attention to a short plan of preliminary study, intended as an introduction to historical reading. The object of this plan is to furnish you with the apparatus necessary for the understanding of the oldest and most venerable of all historical monuments, the Hebrew Scriptures ; and after that, to put you in the way of deriving the utmost benefit from the Greek and Roman historians, which will of course form a very considerable portion of your classical studies. It is a principle of English law that every state- ment of fact shall contain a distinct indication of D 2 36 time_andL place. The precept is equally applicable to History. The events of past times can no more be fitted for their proper use without the accurate determination of the times when, and the places where they occurred, than the material facts of a declaration or an indictment. In both cases the inferences must, in a great degree, rest upon the precision with which these two points are ascertained. Your attention, therefore, must, in the first instance, be directed to the elementary studies of Chronology and Historical Geography. Elementary works upon these two subjects are much wanted. I am acquainted with but one work in the English language which can be made to answer the purpose of a manual to the junior student. The book I allude to was printed for the first time about twenty years ago. A second edition, with considerable additions, appeared in the year 1830. It is entitled 1 . A New Analysis of Chronology and Geography, History and Prophecy, in which their elements are attempted to be explained, harmonized and vindicated upon scriptural and scientific prin- ciples, &c. By the Rev. W. Hales, DD., Professor of Oriental Languages in the Univer- sity of Dublin. This very learned and elaborate work is printed in four rather thick octavo volumes. The second and third volumes comprise a complete chronological analysis of Scripture History, both of the Old and 37 New Testament. The fourth volume treats of An- cient Profane History, but touches only incidentally and partially upon that of Greece and Rome. But it is to the first volume alone that I would primarily direct your attention. That volume contains the elements of Technical and Historical Chronology, and of Ancient Geography, with a series of twenty-two tables of astronomical, civil, and historical periods and computations in use among the Ancients, Greek, Roman, Syrian, Persian, and Egyptian ; to which the author has added a table of the years of the Hejira or Mahomeddan period. The treatment of the chronological portion is more full than that of the geographical. It did not enter into the plan of Dr. Hales to furnish a complete system of Ancient Geography ; he has therefore confined himself to those countries most connected with Scripture His- tory, namely, Armenia, Egypt, Ethiopia, Palestine, Phoenicia, Assyria, Medea, and Persia. But as far as it extends, the treatise is very compact and clear. Thus the only work in the English language which I am at present prepared to recommend is defective in the two most essential portions of an- cient historical geography, namely, that of Greece and Italy. The chronology of profane History contained in the fourth volume is confined in the same way to the Oriental nations. The Greek and Roman computations are treated solely with reference to Scripture History, and not as distinct subjects. Still, such as they are, they are very useful, and in the conjunction in which they stand indispensable. 38 For the best compendium of the ancient modes of computation in use among the Greeks and Romans, I must refer you to the celebrated, 2. Art de verifier les Dates, published by that truly admirable and profoundly learned society, the Benedictines of St. Maur, and completed and published by them about ten years before the ruthless revolution put an end to their labours. The learned world cannot be too grateful for this invaluable acquisition, in which learning, modesty, candour, and indefatigable industry, are more conspicuous than in any contemporary work. The book was originally printed in three folio volumes ; a fourth was published in 1820, from MSS. left behind him by Dom. Clement, one of the editors of the great work. This volume contains the Synopsis of Ancient History ; the original was restricted to the Christian era, and terminated at the death of Louis XV., in the year 1774. In the whole catalogue of books of reference, there is none more convenient and more agreeable. But in the first instance, your attention will be directed to the copious and beautifully arranged introductory essay. It is true that this essay was originally composed for the purpose of illustrating Chartularies, Chronicles, and other ancient documents relating to the periods sub- sequent to the Christian era ; but the task has been performed with so much ability as to render it equally useful to the students of Ancient and of Modern History. It consists of an explanation of many dif- ferent epochs, eras, cycles of time, and modes of 39 computation in use among the Greeks and Romans, together with all the various methods of dating which arose upon them during the middle ages. The pre- liminary volume (that which relates to the period preceding the birth of Christ,) contains an element- ary dissertation upon the Julian period, the vulgar era, the eras of Nabonassar and the Seleucidse, &c., together with an invaluable table, in which almost all these different eras, cycles, and modes of com- putation are so arranged as to show any date of any given system in terms of any other. In the first volume of the original work, the table is calculated down to the year 2000 of the vulgar era. These two treatises are indispensable to the historical student ; they are short, clear, and entertaining, and may be mastered within the space of one academical year without difficulty. He will immediately per- ceive their importance to the understanding of the elements of Sacred and Profane History therefore both to his scriptural and his classical studies. To those who have not arrived at a sufficient knowledge of the French language to read them in the original, I may recommend an extract from them lately published by Dr. Lardner in his Cabinet Cyclopaedia, entitled 3. The Chronology of History, containing tables, calculations, and statements, indispensable for ascertaining the dates of historical events, public and private documents, from the earliest periods to the present time, by Sir Harris, Nicholas. This work contains many useful tables ; but the 40 student would do best to refer to the original from which it is compiled. But by far the most complete and scientific intro- ductory treatise upon Chronology, is that of Pro- fessor Ideler, Astronomer Royal of the King of Prussia. It is entitled 4. A Manual of Mathematical and Technical Chronology, collected exclusively from the works of original writers. By Dr. Louis Ideler. The work has, I believe, been translated into French, but not hitherto into English. The reputa- tion of Dr. Ideler for solidity of learning and clear- ness of arrangement stands at the highest point. The editors of the preliminary volume of the Art de verifier les Dates, have inserted an essay of this author upon the linear and superficial measures of the Ancients, in the introduction to that important work. The Manual consists of two divisions. The first treats purely of Astronomical measures of time, and the mathematical principles which may serve to rectify and reconcile all other merely customary or arbitrary computations. The second part consists of treatises upon the civil and historical modes of com- putation in use among the Egyptians, Babylonians, Greeks, Macedonians, Syrians, and Hebrews. He then proceeds to those of the Romans, Christians, Arabs, Persians, and Turks. The only defect in the work is the omission of the Eastern Asiatic systems of Chronology, and in particular those of the Hindus and Chinese ; for which omission he apologizes in the preface, and puts it upon a ground which the 41 thoroughly learned will readily understand : namely, his ignorance of the languages of those countries, and the impossibility of arriving at a satisfactory acquaintance with the subject without the power of consulting the original writers. To those who are sufficiently familiar with the German language, I should recommend the perusal of the introduction to Professor Wackier s 5. Manual of Historical Study, for the use of academical students. Fifth edition. With respect both to Chronology and Historical Geography* this is by far the most compendious treatise I am acquainted with. It contains refer- ences to a vast mass of works in every branch of historical knowledge ; most of them are, however, in German or in French. It is really melancholy to contemplate the paucity of English works upon matters connected with the study of History. With the exception of Dr. Hales 's work, we have not a single elementary treatise which could be recom- mended to the attention of beginners or learners. Our chronological tables are very defective in almost every respect. France abounds in works of this nature. Their treatises are succinct, clear, and agreeably written ; their tables are copious, generally well arranged, and extremely methodical. But after all, we must resort to the Germans for the soundest and most systematic discussion. The diligence of their writers is unrivalled ; their acquaintance with their subject is almost universal ; their zeal for the 42 cause of learning renders them regardless of labour, and patient in research ; and their power of com- pression is unrivalled. It must, however, be ad- mitted as some abatement to their practical utility, that their profundity sometimes verges on obscurity at least so it appears to the foreign student who is unaccustomed to their peculiar modes of thought and expression. I cannot help thinking that their love of system too often seduces them into distinctions and refinements which rather incumber than elucidate their arrangement. They always lay claim to the most concentrated attention : they take it for granted that the zeal of the student is equal to their own, and that he is willing to bestow an amount of labour in making use of their instructions commensurate to that they themselves had expended in preparing them*. But here our strictures must end. No literature in Europe rivals that of Germany for co- piousness and extent of research ; for the great breadth of treatment, the variety and extent of the prospects disclosed to the student, and the almost unlimited choice of views they offer to his acceptance. For the use of those who wish to plunge more deeply into the depths of chronological research, I shall enumerate a few of the most celebrated treatises. In English and Latin 1. Sir I. Newton s Chronology of Ancient King- * They are of Rousseau's mind " Je ne sais pas Part d'etre clair pour qui ne veut pas etre attentif." Cont. Soc. liv. iii. c. 1. 43 doms, amended ; forming the 5th vol. of his collected works. 2. Archbishop Usher s " Annales Veteris Testa- menti," published in 1650 and 1654. 3. Fasti Hellenici. The civil and literary chro- nology of Greece, from the earliest accounts, to the death of Augustus. By H. Fynes Clinton, Esq. In three vols. 4to. A work of profound learning and research, got up with a typographical splendour and beauty rarely surpassed. 4. Scaligers great work " De Emendatione Teni- porum," and his " Thesaurus Temporum ;" of both which works there are several editions. 5. Bishop Beveridges Institutiones Chronolo- gicse ; several editions. 6. /. G. Frank's Nova Systema Chronologise fun- damental! s. Gottingen, 1778. The best chronological tables in the English language are 1. Blair's Chronology. 2. Play fair's Chronological Tables. In French 1. Bury de Longchamps "Pastes Universels," a wonderfully copious storehouse of political events, and literary and philosophical history ; pretty well arranged, and of easy reference. 2. Le Sage's Atlas Historique, Genealogique et Geo- graphique, lately published at Paris. This work contains a great number of tables synchronis- tically arranged, so as to exhibit contempo- 44 raneous events in parallel columns. It also shows the geographical positions, the changes and revolutions of nations, in a series of maps answering to the most remarkable historical epochs. In German Kruses Atlas, or Synoptical View of the History of all the European Nations and States, from their first settlement down to the present times. The last edition was published at Halle in 1827. This is by far the best synopsis of chronology and historical geography I have any knowledge of. It is beautifully simple and comprehensive, and of exceedingly easy reference. It is fur- nished with very good maps, exhibiting the changes and revolutions of nations, froir the downfall of the Roman Empire down to the peace of Paris in 1814. But it is not so copious in chronological detail as Bury de Longchamp's, or Le Sage's. Historical, Geography, as a subject of practical investigation, has been treated by a great number of writers. I shall first enumerate those whom I con- sider most accessible and most easy of reference. The first in order to the English reader, are 1. A Geographical and Historical Description of Ancient Greece, with a Map, &c. By the Rev. I. A. Cramer, M.A., late student of Christchurch. In three volumes. 2. A Geographical and Historical Description of 45 Ancient Italy, with a Map and a Plan of Rome. By the same Author. In two volumes. 3. A Geographical and Historical Description of Asia Minor, with a Map. By the same author. In two vols. The three maps attached to this elaborate, useful and agreeable work, are beautifully executed, and upon a very considerable scale. We cannot but hope that the learned and industrious author will extend his researches to those regions of the ancient world which remain to complete a system of Ancient Geo- graphy, of which the literature of this country would have good reason to be proud. 4. The Elements of Historical Geography in the work of Dr. Hales already referred to. 5. Recherches sur la Geographic Systematique et Positive des Anciens, pour servir de base a 1'Histoire de la Geographic Ancienne. Par P. F. T. Gosselin, de 1'Institut de France. In four volumes 4to., from 1799 to 1813. The work of Gosselin does not lay claim to the character of a complete system of Ancient Geo- graphy. But it is a book of great authority in determining the character of the different geogra- phical systems of the ancients, particularly those of Hipparchus, Strabo, Ptolemy, Polybius, arid others. The indices are very good, and the work is accom- panied with a complete collection of maps, exhibiting the erroneous conceptions of the ancients relative to the trending of the coasts, the course of rivers and 46 mountains, side by side with the rectified outlines of the coasts and the true directions of rivers and mountains, as ascertained by more modern research. In all that concerns the History of Ancient Geogra- phy, and of course in many of its details, this may be regarded as the standard work. But by far the most extensive body of Ancient Geography is that of Professor Mannert, in the German language. It is entitled 6. Geography of the Greeks and Romans, in ten volumes, usually bound in 14 vols. It contains a full account, general and particular, of all that is known to us of the ancient world, col- lected from the works of the Greek and Roman geographers, historians, and poets. Professor Man- nert is esteemed among his countrymen, not only for his laborious and useful researches, but for the clearness of his arrangement, the excellence of his method, and the acuteness of his criticisms. I have had very frequent occasion to consult this work, and I may say I was never disappointed. Dr. Cramer is in some respects fuller upon Greece, Italy, and Asia Minor, but certainly not more clear or more methodical than his great predecessor in this branch of study. Mannert employed forty years of his life upon this vast undertaking. He is well known for other historical and geographical productions, parti- cularly for an admirable edition of that singular monument of Ancient Roman Geography, the Tabula Peutingeriana. The " Geography of the Greeks and 47 Romans " ought at least to be brought under the notice of every historical student. I abstain from referring you to any of the older and more elaborate treatises on Historical Geogra- phy, such as Cellarius and Cluver, Rennell and Vincent, because I believe you will find in the authors already named quite enough for your pre- sent purpose, which I presume to be restricted to the study of scripture history, and of the classical writers of antiquity. At a future period I hope to lay before you a much more complete body of historical litera- ture. I shall conclude this list of elementary works, by enumerating a few of the best collections of maps of Ancient Geography. Those most used in the universities of England are 1. Smith's Ancient Atlas, comprising distinct maps of the countries described in Ancient History, both sacred and profane. Published in 1809. 2. Brues Atlas Universel de Geographic An- cienne et Moderne. Lately published at Paris. The whole work consists of 65 maps beautifully executed, only 14 of which are dedicated to the ancient world. But it contains two maps of great utility. The first is A Map of the World known to the Hebrews, which is an attempt to embody the Mosaic description of the dispersion of the nations after the deluge, in the shape of a chart. The ma- terials are taken chiefly from the 10th chapter of Genesis. The second is a Map of the Empire of Charles the Great, or Charlemagne. 48 3. Blair's Chronology also contains a series of ancient maps. But the two first-mentioned atlases are the best. To those who desire to add a course of reading in Ancient History to their classical and biblical studies, I cannot recommend any better text-book in the English language than 1. Rollins Ancient History in the English translation ; but they may substitute 2. Bossuet's Discours sur 1'Histoire Ancienne. A very compendious work, but agreeably written, and furnished with references and dates through- out ; a pains which the French writers do not often take. Or, 3. John Von Mutters Universal History, in the English translation. But this work seems to me too recondite and metaphysical for an elementary text-book of general History. The student, in reading these works, should have by his side the Art de verifier les Dates, or Dr. Hales's work, and studiously compare the dates as- signed with the chronological system of those learned writers. He should pass over no portion of History without making himself thoroughly acquainted with the countries in which the events recorded took place. And to that end, he should have the map always by his side. On the next occasion I hope to be able to lay before you some considerations on the Method of Historical Investigation, the Laws of Historical Evidence, and those critical rules by which the historian him- 49 self must be guided, and by which the reader of History ought to judge of the works of others. These may in time be followed up by a series of readings upon the most distinguished periods of general History. Your attention will then be so- licited chiefly to the original writers the sources, as the Germans call them and their critical exami- nation to the philosophical character of each period ; that is, its tendency to promote or to retard the pro- gress of mind, manners, government, laws, literature, and religion. These several portions or periods will be accompanied with a list of original or primary authorities, and of such secondary or merely aux- iliary matter as may be needful to exhibit as com- plete a body of study as possible. Indeed the perusal of original works cannot be too earnestly recom- mended. Second-hand knowledge, like all second-hand wares, will seldom bear the wear and tear of practical application : it soon exhibits rents and chasms where we least expect to find them ; and we are often com- pelled to repair it at great cost of time and labour, by resorting at last to the very storehouses from which we ought at the outset to have fetched our materials. LECTURE II. introduo IN the course of the preceding Lecture, I expressed my intention to lay before you some reflections I. Upon the Method of Historical Investigation, and the Laws of Historical Evidence: and II. Upon those critical rules by which the historian himself must be guided both in his own compositions, and in judging of the works of others. On that occasion I likewise alluded to a plan for a series of readings upon the most distinguished periods of General His- tory, with reference to the philosophical character of each period, or, as then explained, its tendency to promote or retard the progress of mind, manners, government, laws, literature, and religion. I shall, therefore, append to this Lecture the necessary out- line of subjects and periods, confining myself, in the first instance, to Ancient History, commencing with the patriarchal ages, and terminating at the revival of the Western Roman Empire by Charles the Great, in the last year of the eighth century of the Christian era. i. METHOD I. In the first place, then, permit me to call your attention to a few remarks upon the Method of His- OF STUDY LAWS OF 51 torical -Study, and the Laws of Historical Evidence. HISTORICAL r EVIDENCE. The sources from which we derive our information of facts and events are so exceedingly numerous, that, if for no other reasons, yet for this alone, order and method become absolutely necessary. We jmust Dis- tinguish that information which is positive and direct, from that which is merely incidental and confirmatory that which is original or contemporary, from that which is borrowed and secondary. Thus we often 1. Different , . c ... . character of derive important assistance irom antiquities, coins, the sources inscriptions, literary anecdotes and occasional allu- ineness and sions in works of a non-historical character, though, c!ty! en without other sources, we should never be able to ta i inform". make up from them a history of the periods to which they belong. We therefore regard these incidental bf* notices (valuable as they undoubtedly are) as confir- c t - matory evidence only ; without denying that they do A ^ occasionally supply single links in the chain of events of great importance to the connexion and consistency of the narrative. But for the present it would lead us too far out of our way to discuss the mode in which these helps to historical investigation ought to be made use of, our attention must therefore, in the first instance, be confined to professed Annalists and Historians. Writers of this description are divisible into two ! Original authorities. classes of very different character and value. The a. . . . nesses. first class we distinguish as original authorities, and b. Actors. , . -*e> i n , .MI - i . .1 1 .~-~** Ct Contem- they consist first ol eye-witnesses of events they re- porary or cord ; and secondly, of actors in the transactions they 8 2 52 suchasiivcd narrate, or lastly, of those who lived nearest in point nearest to the period of time to the ages in which the events occurred, and in contem- plation, may therefore be supposed to have possessed the best and most authentic sources of information with re- 2.prof C ssed gard to them. The second class consists of professed cofggjgfjj^ or such as derive the materials of their story from others, and put them together with more or less talent, industry, and fidelity. These persons we cannot help regarding in the light of hearsay witnesses, and of using them therefore with those precautions which that kind of evidence demands. Reasons for Men of independent habits of study naturally give preference to the former class. But as many sw^ich original works are written in foreign languages, or in an obsolete and difficult style, or in a dry, per- plexed, and uninteresting manner, the mass of readers is generally very grateful to the compiler who will undertake the toil of reducing them to a readable shape. But you, gentlemen, are students, and the very name you assume imports that you will not be satisfied with skimming lightly over the surface of a subject, particularly of one which connects itself so closely with the ministry of the gospel, the service of your country, and the dispensing of sound learning and religious education to those who shall come after you. For this reason it is that I wish to call your attention rather to the original sources of historical knowledge, than to those which are merely deri- vative, however valuable they may be. What that value is I shall presently take occasion to point out to you. are deriva- tive. " \ 53 I do not mean to conceal from you that original Difficulties N ; investigation is a difficult nay, in some cases a dis- ? n vest?ga- - couraging task : that it requires perseverance, in- ' dustry, assiduity and thought fulness : exertion of memory and a power of comparing, combining and connecting, which cannot be attained to without a good deal of practice and zeal for the study. We often find that what we always believed to be true is in reality unauthentic doubtful false. There is in the best of the original historians so much to dis- oisappoint- appoint expectation, so much that, without close m examination, leads to error, so much is left without explanation, because in the age to which the writer belonged and for which he wrote such explanation was not requisite, that the sanguine reader will often be induced to turn away from them in mere vexation';, Weariness. or to read on for amusement rather than for instruc- tion. I have heard very intelligent, and even learned men complain of this kind of disappointment or dis- satisfaction ; and I have observed that it frequently induces even thoughtful readers to regard History in the light of a great romance with rather more truth of particular colouring and perhaps of incident (thus much they liberally concede where it agrees with their own observation and experience) than is usually found in that species of composition. The beauty of the style, the talent of the author, his dili- gence as a compiler, the ingenuity of his arrange- ment, the acuteness of his criticism are admitted and admired ; but the abstract truth of his facts, and the 54 lessons of experience which they ought to inculcate, are neglected, because the reader does not regard them as matters of experience, or because he prefers a state of supercilious doubt to the trouble and fa- tigue of investigation. Hence it happens that when Scepticism, tempted for a moment into the path of inquiry, doubt, instead of the regulating, becomes, as it were, the moving, force of his mind, and the machine of course soon stands still. To obviate A diligent and inquiring mind one that will cuuTesin- contend stoutly and bravely against doubts and dif- tTe'Tg^in ficulties, one that will suffer no repulse, nor be beaten author lilTed down by any disappointment is the first requisite of trtUThe historical investigation. And in order to put aside wrote. S ome of the earliest difficulties we have to encounter in the study of the original writers, we shouH en- deavour to obain a previous knowledge of the age in which the particular historian lived and of the public for which he wrote. For this purpose, some degree of antiquarian research, or at least a frequent refer- ence to works which treat of the manners, habits, and usages of the period or people under contem- plation, is indispensable. With such assistance, many obscurities vanish ; many dark allusions are explained ; we become more familiar with the style of thought and expression ; we learn to think as the writer thought, and place ourselves in a condition to view events in the light in which he viewed them, without partaking of his errors or partialities. In forming our estimate of the value of the information 55 he imparts, we are materially assisted by the insight thus obtained into his moral character, his attach- ment to truth, the soundness and acuteness of his judgment and the fidelity of his colouring. I ought not to omit, as a strong ground of credit, the esti- mation in which he was held by his contemporaries. Pliny was not merely doing justice to the character of his friend Tacitus as an historian, in his letters to that admirable writer*; he has also rendered an essential service to posterity in his lively picture of the faith and reliance with which his statements were received by the most competent judges of his own times. Such approval imparts a stamp of au- thenticity of a character the more authoritative, as it implies the judgment of an age and nation upon a matter peculiarly within their knowledge, and pro- nounced at a time when the means of correcting errors which have now perished were within the reach of every one. But after acquiring this preliminary information Amount of .. ... our de- and indeed in the very act 01 acquiring it we mands upon shall find ourselves called upon to make some allow- historian" 51 ances. We have no right to demand, as the price i of our belief, that the author should have suppressed or renounced his national character, his notions of patriotism, his religious prepossessions, or the pe- culiar form of thinking common to the age in which * Lib. vi. Ep. 16. Lib. vii. Ep. 20. more particularly Lib. vii. Ep. 33. I 56 he lived, the rank of society in which lie moved, or the people to which he belonged. On the other hand, we are fully entitled to require at his hands Candour, candour, justice, and love of truth. In proportion Justice. J . Love of as we perceive these qualities pervading the narrative truth. r our confidence increases. And when as in the case Tacitus, of Tacitus we find the historian guided by steady attachment to all that is noble and exalted in prin- ciple and feeling, unmoved by obvious or latent partialities, caprices, or prejudices, our confidence becomes implicit, and whatever doubts may arise as to particular facts, whatever errors may be imputable to particular opinions, the veracity of the writer rises The Chris- above suspicion. There are no documents which en jy this character in so high a degree as the his- torical portions of the Jewish and Christian scrip- tures. The ardent love of goodness, truth, and justice, are conspicuous in every page of them ; and regarding them merely in a secular point of view, the historian may congratulate himself upon the possession of a guide of uncorrupted impartiality and fidelity. Diligent ex- But the presence of all these qualities does not animation necessary exempt us from the duty oi examination, or wholly flow for exclude the salutary office of doubt. In all that bie bias in- regards the moral character of human motives and tge, birth, conduct, contemporary writers always exhibit them with that unavoidable bias which the prevailing " niodes of thought, the peculiar tone of moral feeling ignorance, indent t o the age and stage of civilization upon 57 which the writer stood, always imparts. The rank in society, the political or religious party to which he belonged, contribute in the same way to tinge his narrative with their own peculiar colouring without justly subjecting him to the charge of false- hood. Thus Gregory, the orthodox bishop of Tours, instances in in alluding to the character of King Clovis, whom he rightly regarded as the champion of his religious creed, after narrating the complicated scene of trea- chery and cruelty by which that detestable prince had got rid of all the surviving claimants to the throne of the Franks, concludes by telling us that he was successful in this, as in all his other under- takings, " because God was with him, and because he did that which was well pleasing in His sight*." In the same way we may be assured that Tacitus would not have passed his harsh and unjust stric- tures upon the Roman Christiansf , if his philoso- phic pride had not prevented him from examining into the conduct and principles of that humble com- munity. It was the great fault of that stage of learning and civilization to overlook most things that did not put forth some pretensions to literary or political distinction. The learned of that age would have dreamt as little of a serious and truly philoso- phical inquiry into the state and tenets, the numbers and character of the religious sects in their vast * Greg. Turon., lib. ii. c. 40. D. Bouquet, Ss. Rr. Gall., torn. ii. p. 184. t Tac. Ann., lib. xv. c. 44. 58 empire, as they did of a minute investigation into the numbers, condition, and treatment of the countless myriads of their own slave-population. Errors of Errors arising from such sources as these are this kind frequent in most frequent, precisely in the narratives of those the writings . "*'. of contem- who have taken the most intimate share and interest porary an- . . """ T* n. , . . ,, naiistsand in the transactions ol their own times, or who, from their station in society, have been the closest ob- servers of what was passing around them. With reference to the great series of events they undertake to record, these writers are much in the condition of the private soldier who attempts to describe a ge- neral action in which he was himself engaged : he will write down all that passed within his immediate observation with great truth and vividness of de- scription ; but he almost always fails when he aims at a more general statement. We then find that he knows little more than the result; and even that often imperfectly. For all that passed in other parts of the field he is obliged to rely upon the report of others not better informed than himself; and is in the end more liable to error than one who, at a j proper distance of time and place, collects and conir- L pares different accounts. The very vividness of the wJucheye-1 impression which passing events are calculated to pro- IncUctors duce, confuses and dazzles the eye-witness ; it casts labour. ^ QQ ^ ee p a shadow upon all that passes at a distance from the scene before him, however important to Complete the picture, not to distract his attention ; or, at least it prevents him from duly and deliberately 59 observing it. And indeed it is at all times a very hard task for one mind to grasp, for one eye to take in, the whole scope and extent of any long or complicated series of events ; and certainly not less so even when the writer has enjoyed the otherwise inestimable ad- vantage of being placed in the very focus of the trans- actions themselves. Thus they who are most favor- ably situated for personal observation, are not so for generalization ; their story is very often deficient in compass, owing to the difficulty they labour under of withdrawing their attention from that which they have witnessed themselves ; their inaptitude for perceiving the connexion of things present with the things past, and the impossibility of comparing them with those which were to come. These considerations lead me naturally to advert Avowed to the advantages possessed by the avowed compiler ; the second class of historical writers in the general division which we have adopted. In speaking of this class, I advert only to those who have derived their information from original sources, and not from any secondary authority. A double hearsay cannot be tolerated in History where the originals are ac- cessible. The subjects therefore of remark at present what class are those who have diligently collected and compared meant by the original materials such as they are, and put them \ together in the form of a continuous and connected narrative. Our opinion of this class of historians I must be guided by the number and the character | of the sources from which they have drawn, and 60 Amount of the de- mands we are entitled to make upon the non-original historian. Compari- son of ad- vantages by contem- porary and non-con- temporary writers. by the ability and integrity with which they have used them. If we find that they have fulfilled all the duties of diligent collection, careful comparison and inquiry, and perspicuous arrangement ; if they have evinced incorruptible integrity, an intimate love of truth, and freedom from vulgar prejudices in the use of their materials, we may regard them as having made their own all that which constitutes the pecu- liar value of the originals. In some respects these writers stand upon a much higher ground than those from whom they derive their information ; they com- mand a more extensive prospect around them ; they obtain a greater variety of matter for comparison, a greater number of helps for criticism, a greater diversity of views and comments to assist their own judgment, than any single contemporary observer can possess. Hence it happens that distance of time and place is so far from being regarded as a disadvan- tage, that we are accustomed to censure those who undertake to write the History of a period too near to that in which they live, and before the whole truth can have had time to transpire ; or the world to shake off the prepossessions which recent injuries, or sufferings, or passions are sure to leave behind them. Still I wish it to be clearly understood that the advantages enjoyed by the professed compiler do no more for him than to place him in a more elevated station ; they enable him to take a more comprehen- sive survey, and afford him a greater choice of 01 authorities. No non - contemporary writer^an hope to rival the eye-witness in the individuality of charac- ter, in the liveliness of description, in the truth of the particular colouring, or in that interest and sym- pathy which almost always accompanies a personal narrative. HULES FOR WRITING THE WORKS OF OTHERS. II. We are now to consider History as a literary n. CRITICAL art; and in this part of our subject, arrangement and diction are the principal points to which our attention ought to be directed. Yet it may not be amiss first to advert very shortly to the dispositions and attainments necessary to qualify the writer for his task. At the head of the catalogue of attain- Attain- ments, stands Philosophical and Philological criti- cessary'to cism. An acquaintance with the main principles of Trite^r' these sciences is essential to enable him to detect errors of transcribers, designed or undesigned mis- statements or suppressions, the interpolations of ac- cident, ignorance, or dishonesty. The successful cultivation of the historical art moreover calls for a familiar acquaintance with the natural operations of the human mind, a practised eye for discerning motives, appreciating and making allowances for errors, delusions, and prejudices ; and an expertness, derived from long observation and reflection, in bringing out the truth in its own genuine and un- adulterated form, and presenting all that is worthy of observation in the world of human events, the 6-2 whole experience of the past time, in one bright and lucid picture to the mind. I Extent of But to this end it is necessary that he should have survey. previously obtained a complete survey of his matter ROME AS A whole history ot Home from the origin or that state MONARCHY to the subversion of the republic, and the gradual PUBLIC. absorption of all the powers of government into that of one great irresponsible officer. In considering this great period, I shall feel myself bound, in the first instance, to advert shortly to the changes which have been introduced into the mode of treating the earlier ages of Roman history, by the ingenious and indefatigable Niebuhr. I have been unable to per- suade myself, and I shall not undertake to persuade others, that this distinguished writer has furnished the true key to the mass of legend, and tradition, and poetry of which Livy has so skilfully availed himself to weave together a history of the kings of Rome. But no one who has read his work with attention can, I think, doubt that he has been but too successful in disturbing all our notions respecting 80 the origin and early history of that extraordinary people. causes of After a brief allusion to that which must now be the Roman ascendancy, regarded as the uncertain and nebulous period of Roman history, our attention will be directed to that internal structure and external policy by which the republic was enabled to extend its dominion over the various nations of Italy and Europe. The Romans assumed, at a very early period, certain well-defined maxims of state- policy. These maxims became, as it were, the form and mould in which the opinions and feelings of the people were cast, and from which they departed with great reluctance, and only in cases of extreme necessity ; always re- verting to them with the pertinacity of habit, when- ever the temporaiy pressure which occasioned the departure was removed. We know of no people among whom the idea of conquest and dominion entered so intimately into the opinions and habits of each individual citizen as it did among the Romans. This notion led naturally and inevitably to the most perfect military organization known to the ancient world ; but it likewise led to the most thorough disregard of all rights which might interfere with the unlimited extension of their dominion. The formation of this state of public opinion, and the de- velopment of the maxims of state-policy which flowed out of it, must be distinctly adverted to. The organization of the armies, the distribution of the powers of government, the state of the law, civil, criminal, and constitutional, cannot be wholly passed over ; the principal historical epochs must be marked, and the causes of the decay of the republican insti- tutions shortly indicated. Some remarks upon the state of arts, commerce, industry, and literature among the republican Romans may close the period. Period V. Though the republican constitution of PERIOD v. ROMAN EM- Rome had received many a rude shock prior to the HRE. decisive battle of Actium, which seated the most astute and fortunate of the Triumvirs upon the throne of the world, yet upon the whole it is most convenient to fix upon that event as the initial epoch of the empire, and of our fifth period. The events of the century and a quarter which had elapsed since the destruction of Carthage, connected with those of the century succeeding our terminal epoch, viz. the battle of Actium afford some very import- ant political views. By one sect of historical poli- Policy of ticians, the Csesar Octavianus has been treated with great indulgence. His power proceeded from the same source as that of his adoptive father Julius Caesar, or that of Napoleon Buonaparte in our own times. All these great men were carried upon the shoulders of the people and of the army to the pin- nacle of imperial power ; their dominion was based upon the ruins of the political institutions of their ancestors ; yet in all three cases the success of these mighty political adventurers and we might add that of our own Cromwell was unequivocally beneficial 82 to the people. The first step towards the loss of liberty is the disregard of those ancient institutions upon which it is based, and from which it derives its only authoritative exposition. The Romans, like many other nations, lost sight of the balancing prin- ciple of their constitution ; and, in the vain struggle to better their condition, plunged into the vortex of faction, from which the strong arm of military des- potism alone could^rescue them. But, at first, enough of the old frame of government was allowed to stand, to impart a certain stability and sanction to the new regime ; the citizens of Rome were encouraged, by the cunning policy of Augustus, to confound the shadow of liberty with the departed substance, until they had forgotten the very nature of freedom itself. But the Romans, though they had relinquished the substance, had not learnt to despise the forms of their ancient government : they adhered to them even when they saw the powers of the state all transferred LOSS of P o- into the hands of one man. That man then became the litical li- berty, representative of the whole Roman people ; from the people his power was legally deduced; and, this principle once established, the total extinction of all popular rights inevitably followed. But some time elapsed before this consequence was fully perceived ; and when it was, the people found themselves dis- armed and delivered over, bound hand and foot, into the hands of a standing army, and its irresponsible chief. R m P and ^ u * ^ v ^ ar tne mos t engrossing topic belonging to 83 this period, is the rise, progress, and establishment * . . . ment f of Christianity. I cannot help regarding the sepa- c*m/i- ration of religious from secular History as arbitrary and inexpedient. The strongest motives of human conduct are derived from religion ; and therefore where religious opinions are the causes of political events, it is impossible to avoid scrutinizing them to a certain extent, without sacrificing the perspicuity and coherence of History. It may be admitted that in the earlier ages of the Roman empire, the intro- duction of Christianity was not attended with any very conspicuous political effects. Up to the period of its triumph under Constantine the Great, the heathen historians of the period take very little notice of its progress ; and even the ecclesiastical writers, from whom our knowledge of the three first centuries of that progress is derived, represent the religion of Christ as an unobtrusive and unworldly faith, aiming at the improvement of society at large, by improving and purifying the character of each individual member of it. But though it should be Causes of i i ^i ... the victory an inadmissible supposition that Christianity had, during this long period, been wholly without politi- cal influence, yet I think it capable of distinct proof that that influence was derived not from the ordi- nary causes to which the ascendancy of particular religious and political sects is to be ascribed, but first and foremost to the convincing nature of the evidence upon which the truth of the Gospel rested ; next to that, to the numbers and respectability of its G 2 84 adherents ; and lastly, to the strong and well di- gested system of doctrine and discipline which it was enabled to oppose to the loose and incoherent superstitions of the pagan. Advantage A religious feeling lies no doubt at the root of possessed j r i- i i by religion every mode of worship, however monstrous or de- founded upon set- grading its external form, or its moral effect may trine or be. But objects of worship and rites of worship are, cuments. ln m y apprehension, not enough to constitute a reli- gion. There ought, I think, to be some settled tradi- tional doctrine or written document to appeal to, to merit the appellation. Thus I should class among the religions of the earth Hinduism, where religious faith and practice such as it is is based upon the Vedas and Puranas; Mohammedanism, which has its Koran ; the Zend religion, which has its Zenda- vesta ; Buddhism, which likewise has its sacred books. All others are mere superstitions, not easily to be rooted out, it is true, but very easily shifted and transferred from one object to another, and thus gradually mitigated and enfeebled. All documen- tary religions if I may use the term treat with a greater or less degree of perspicuity, and always dog- matically, of the nature of God and of man, and of the relation of the creature to the Creator: the sacred writings are the standing codes appealed to in all mat- ters of doctrine and ritual. The religious notions of That of the the Romans were founded upon no such documents : Romans not founded every man was at liberty to think as he pleased, or upon either. . not at all, upon those points which nearly affected 85 his condition here and hereafter : the religious mind of the people had nothing to attach itself to ; and was therefore soon made to feel its own feebleness when opposed to so strong and unvarying a system of doctrine as that of the written Word ; wherein the true relation of man to his Maker and Redeemer is marked with a precision and an emphasis which must have disarmed the Roman poly t heist. And Therefore it yielded to accordingly, when the more urgent worldly motives christi- of adherence to his own infirm superstitions were removed, Christianity was permitted to mount her rightful throne. It may perhaps be stated generally that every form of worship, consisting of a mere aggregate of loose religious opinions and practices, must yield to the assaults of a religion based upon a digested system of doctrine and discipline, however remote that system may be from the truth ; and that that religion which most powerfully and convinc- ingly expounds the all- important questions of the nature of man, his relation to his Creator, his present condition and his future prospects, must in the end prevail over every other. This observation will, if I am not greatly in error, furnish the key to explain the triumph of Chris- tianity over the Roman polytheism. I have lately had an opportunity of trying it upon the religions of the Teutonic nations, and find that it accounts very satisfactorily for the rapid victory which the Gospel obtained over the superstitions in question. I hope for an opportunity of dwelling rather longer upon 86 this important subject, when the event just alluded to comes under consideration ; at present it is neces- sary to proceed to the sixth and closing period of Ancient History. PERIOD vi. Period VI. This I shall denominate the period GREAT Mi- . . ORATION OF of the great migration of nations. Ihis branch NATIONS. . r oi our subject will open with a short account 01 the external causes of the decline and fall of the Roman empire of the West. And though the in- trinsic symptoms of decay fall properly within the preceding period and will there be briefly noticed, yet it will be necessary to recall to your recollection such parts of this latter topic as bear most closely upon the great event in question. I have already expressed my dislike of merely arbitrary or theoretic separation as applied to subjects which, both in respect of time and character, form but a part of the same series of transactions ; and I shall not there- fore hesitate to repeat, whenever repetition becomes necessary to the full elucidation of the matter in hand. Preliminary But the external condition of Rome in the fifth century cannot be adequately described without a general notion of the character, habits, and distribu- tion of the various Teutonic families by which the empire was overrun. Neither can that distribution be comprehended without taking into account the movements of the Scythian, Sarmatian, Finnic, Mongul, and Turkish hordes of central Europe and 87 of Western Asia prior to the close of the fourth cen- tury. By this previous inquiry we shall be enabled to trace the downfal of the ancient civilization to its principal causes, and perhaps to indicate the earliest germs of that social system which sprang up spontaneously from the vigorous root of barbarism. I shall not however scruple to carry this period full This period two centuries beyond that space of time which its ried down title indicates. The great migration of nations com- r!^ beyomi mences with the invasion of Gaul by the Vandals, the great Suevi and Alani, in the year 407, and is usually migration> regarded as brought to a close by the settlement of the Longobardi in Italy, under their king Alboin, in the year 568, comprehending therefore a term of one hundred and sixty-one years. But as I design to bring together within this period all the elements of the great European commonwealth of nations, as it exists in the present day, I find it impossible to stop short of the accession of Charles the Great to the throne of the revived empire of the West, in the year 800. Up to this epoch, not any one of those great institutions which imparted a peculiar character to the history of the middle ages, had attained to a definite form. But after it we are able to define feudalism, to describe with some degree of accuracy the system of ecclesiastical despotism which was rapidly overflowing the feeble bulwarks which tem- poral interests from time to time threw up against it ; we are in a condition to point out new and specific forms of social polity, a new distribution of rights, a 88 new series of ranks in society; all of them topics essentially necessary to the exposition of that pro- digious revolution which had been operated through the instrumentality of the northern nations; and all of them equally so to indicate the birth, and to deduce the pedigree of modern civilization. Rise of the A second reason for prolonging this period of time religion of - . . . . _ ... Moham- is, the necessity of noticing the rise of a new religion. Mohammed, the son of Abdallah, was born at Mecca in Arabia, in the year 569, that is, in the year follow- ing the closing scene of the great migration. The religion he taught spread itself at first slowly ; after- its rapid wards with accelerated velocity. Within a few years of his death, the dominion of his successors extended over Syria, and Persia, and Egypt; and within a century, over the whole of Africa and Spain, except- ing, in the latter country, a narrow tract of mountain territory upon the northern coast. Mohammed pro- mulgated his religion in the form of a series of revelations from Heaven, suggested to him by the angel Gabriel. These successive communications he committed to writing, in the order in which he believed or pretended to have received them. His religion therefore, from the first, enjoyed the advan- tage of a written code of doctrine and discipline, a fixed ritual, and a settled form of public worship. He adopted the divine Unity as the basis of his doctrine, and selected from the religion of the Jews and Christians, such portions as might strengthen his theological scheme, without interfering with his 89 own pretensions to be the immediate messenger of God, and the inspired patriarch and prophet of his people. These compliances and accommodations tended to Causes of that pro- remove many obstacles to conversion. At the same gress. time he dexterously availed himself of the manifold corruptions, and the notorious image-worship of the Eastern churches, to class Christianity among the list of idolatrous religions which he was commissioned to extirpate. The principle which gave strength to Unswerv- ing faith of the arm of the Moslem was the same as that which the new had upheld the Church of Christ against centuries of ignominy and persecution, a firm and unswerving faith. But the principle had become greatly obscured Dissentions among the Christians, by sectarian disputes and Christians. idolatrous practices ; while Charity, the sister of Faith had deserted the earth, and the bonds of Christian union were dissolved by strife, contention, and mur- muring, and bv mutual hatred and persecution. But Zeal of te Moslem. among the new converts to the religion of Mohammed, faith was in its first fervour ; and constituted both the connecting bond and the moving power of the system. Before that fervour subsided, the empire of the Koran was founded and established ; and it has maintained itself down to the present day ; shaken indeed, and here and there encroached upon by the ascendancy which Christianity exercises over every other religion with which it has hitherto come into * collision ; but the duration of Mohammedanism evinces at least the sagacity with which its founda- H 90 tions were laid in the religious wants, and the prevalent feelings and passions of human nature. As civilization advances, Mohammedanism must recede : a durable civilization must rest upon much stronger checks to the evil and irregular passions of mankind, than any which that religion imposes. I feel much inclined to think that the Egyptian, Greek, and Roman culture owed their downfal to the want of these checks ; they did not endure, because no strong and sound moral system lay at the bottom of them. Ancient With the accession of the Emperor Charles the History closes with Great, I shall contrary perhaps to the accepted the acces- ... .* . sionof historical divisions close the Ancient History Charles the ^ . . Great, A . D. of the world. My reason is, that at this epoch, the results of the transition from one social and religious condition to another become for the first time historically discernible. Previous to this point of time, I hope to be able to show that few important institutions, whether of a spiritual or of a secular nature, had attained to any definite form ; and surely a transition state is the least proper that could be selected to afford a fit station from which to look back upon, to survey, and to comprehend the totality of bygone events, and to judge of them in the mass, and in their relative bearing upon each other. And yet without such a survey, very little advantage can be derived from the study of History. It is astonish- ing what an amount of error has been produced by partial views of past ages. There are not many, 91 even amongst the most renowned political reasoners, who are quite free from them. If our own Histo- rians and those of France had chosen to extend their views beyond individual facts upon which they are all too apt to rely they need never have fallen into the errors with which many of them are now fairly chargeable. The German histo- rians are rarely wanting in comprehensiveness, but they are, with one or two distinguished excep- tions, too fond of generalization, too much attracted by novelty and paradox, and, up to this period, too little versed in the practice of government, to adapt their theories to the actual condition of men, social or political. With these remarks I shall close this Lecture. I hope hereafter to have it in my power to lay before you the promised observations upon the birth-place, and the dissemination of the human species, together with a general sketch of the countries in which the original domicile of man was fixed, and where he received those early lessons, and that primaeval reve- lation, which it pleased the Almighty to bestow upon him. LONDON : Printed by W. CLOWES, Duke Street, Stamford Street, Lambeth. POSITION AND PROSPECTS OF THE PROTESTANT CHURCHES OF GREAT BRITAIN AND IRELAND, WITH REFERENCE TO THE PROPOSED ESTABLISHMENT OF A ROMAN CATHOLIC HIERARCHY IN THIS COUNTRY. BY T. GREENWOOD, M.A. BARRISTER AT LAW. SECOND EDITION. LONDON: JAMES RIDGWAY, PICCADILLY. 1851. ADVERTISEMENT. THE shortness of the time allowed before the meeting* of Parliament for the composition of the following- sheets, must form the writer's apology for the many imperfections perhaps, errors they may contain. An original copy of the Bull, (e Univer- salis Ecclesise," could not be procured from Rome in time to be before him during- the whole progress of the work. But this circumstance is the less to be regretted, as he has upon comparison found Dr. Ullathorne's version to be substantially correct. The author beg-s leave to assure those who may peruse his pag-es, that he will receive and con- sider any strictures or corrections, by whatever spirit they may be dictated, if not with equal plea- sure, yet at least with equal attention ; and if an opportunity should be afforded, hasten to adopt such of them as upon reflection he shall think well grounded. TABLE OF CONTENTS. SECT. 1 . Object of this Statement SECT. 2. Increase of Romanism in England SECT. 3. The Tractarian School ... .5 SECT. 4. Tractarian Secession .... SECT. 5. Movement among the Roman Catholic Clergy 1 1 SECT. 6. Some disadvantages of our position . . 15 SECT. 7. Supremacy of the Queen .... 29 SECT. 8. Struggle between Canonism and Prerogative . 48 SECT. 9. The State of the Law 87 SFCT. 10. The Bull 94 SECT. 11. Dr. Wiseman's Pastoral Letter . . .129 SECT. 12. Mr. Bowyer's Pamphlet . . . .139 SECT. 13. Synoptical Statement . . . .164 SECT. 14. Remedial Suggestions . . . .170 To THE MEMBERS OF THE BRITISH LEGISLATURE, THE CLERGY AND LAITY OF THE ESTABLISHED CHURCHES OF ENGLAND AND SCOTLAND, AND TO THE SEVERAL PROTESTANT CHURCHES AND COMMUNIONS THROUHOUT THE EMPIRE. * . 1. Object of this Statement. THE object I have in view in thus boldly ad- dressing' all classes and denominations of my countrymen, is to place before them, as shortly as possible, their real position in relation to the recent attempt of the Bishop of Rome and his friends, to establish an organized territorial hierarchy in this country. It is to be hoped, that by the time Parliament meets, the violent effervescence through which the mind of the Protestant public has passed, will have so far subsided, as to leave us in a more favourable state for a rational inquiry into the real position of the Protestant communions towards the claims of the rival church ; and to enable us, in arriving- at our conclusions, to make our religious. and political duties, rather than our prepossessions and preju- dices the measure of our demands for redress upon our Queen and legislature. Setting aside the remoter causes of the advance of the Papacy towards a permanent footing in these islands, I will now point out a few circumstances, A 2 which I believe it is pretty well agreed on all hands, have given the first impulses to this movement. .2. Increase of Romanism in England. Within the last twenty years, there has been an observable increase of Romanism in England. Crowds of our countrymen flocked annually to the Continent, greedy of novelty, and eager for amuse- ment. Churches, and the religious exhibitions they afford, were objects of great attraction to the idle crowd. They witnessed the gaudy ritual of the Roman Church, at first with vacant curiosity ; but they soon learnt to relish the multifarious symbo- lism of the ritual to contemplate the images of the Virgin and saints with complacency to enjoy the polished conversation of Jesuits and churchmen to be charmed with their manner and address to listen to the pleasing descriptions they gave of the religious privileges their penitents enjoyed, their implicit faith, their active charity, their blameless lives till they were gradually brought to mistake the samples exhibited for genuine specimens of the unseen commodity, and to think, at least with charity, of a religious system which, besides pro- ducing so much ostensible good, brought salvation home to every man's door, without the trouble of going very far to seek it. But it was chiefly in Rome, the city of temples and religious pageants, that these butterflies flut- tered with the most intense delight. Having no leisure, and very little ability, to examine what lay beneath the surface, they took all for gold that glittered, and were soon plucked clean of the little Protestant plumage they might have carried out with them. On their return to England, they were glad to find some provision made for their entertainment at home something to fill up the vacancy in their imaginations, which the sober aspect of our national worship could not supply. They joined the outcry against Protestantism which had within that period arisen among certain ostensible members of the national church : they encouraged by their presence and by exaggerated observance, that multiplication of devotional forms which this party had introduced ; and therein found something to supply the want of that religious excitement to which they had been accustomed abroad, yet without the inconveniences of an honest renunciation of the profession in which they had been born and bred, . 3. The Tractarian School. After the passing of the Roman Catholic Relief Bill in 1829, the leading men of all parties, in their anxiety to promote its healing effects, diligently strove to obliterate the landmarks which severed the two professions. The past was to be absolutely forgotten ; and all who were heard to whisper an alarm, were dismissed with silent contempt or open ridicule. The Protestant spirit was laid fast asleep ; but another inmate of the undisciplined human heart awoke in full vigour. The half-educated the most self-sufficient and vain of all classes the diffident and the timid began to ask the question, "What is truth?" and to crave an answer that should save them all further trouble. The Church replied, " Search the Scriptures, for in them ye believe you have the words of eternal life." But this was a hard saying 1 5 a more soothing 1 note was heard not afar off, " Come to us, and we will shew you the way ; Scripture is for us, not for you without us you must miss your path, for we are your appointed glides and instructors." This was good news, and very many persons followed the sound, and traced it to the Halls of Oxford. With the spirit of increasing 1 activity and zeal among 1 our younger clergy, a more exalted notion of sacerdotal dignity and authority had sprung up. They gradually adopted a conception of their office, approaching 1 closely to that of a mediatorial and sacrificing- priesthood. In this they were en- couraged by that restlessness of spirit among the laity, springing from the combined effects of ignorance, supineness, and love of novelty. With the demand for more definite assurance than the modest pretensions of the National Church could afford, a longing arose after more positive forms, more authoritative promises, more splendid ritual. This demand, the New School undertook to supply. They drew forth from our ancient rubrics and ser- vices, many ceremonial observances which had in process of time become obsolete, tending* to formal- ism, and inconsistent with that spirituality which is of the essence of Protestant worship, because no longer required to smooth the path of reformation. As the views of this party among the clergy expanded, they endeavoured to lift the Church into a position of authority and power, never yet claimed by any Protestant communion; they ascribed to the priesthood all, or nearly all, the attributes imported by the Church of Rome from the Jewish hierarchy into her own ; and, inasmuch as it was soon perceived that the principles of the Reformation stood in direct contradiction to these pretensions, they began very cordially to hate, and very sedu- lously to depreciate that great event. Finding-, however, in the older formularies rubrics and ritual of the Reformed Church neither enough to satisfy their desire for a greater multiplicity and splendour of devotional forms, nor any sufficient sanction for their exalted notion of the sacerdotal character, they naturally beg'an to doubt whether a Church which granted them so little was any Church at all. They contended that all the powers imparted by Christ to his Apostles were transmitted to the bishops and the clergy their successors to the fullest extent of the original grant; and among 1 these, more particularly the powers of binding- and loosing-. The Church of England, they said, makes salvation in no degree dependent upon the exercise of this power, but rests it simply upon the personal disposition of the sinner, giving, it is true, to the priest a power to declare, but not to impart, any official assurance of pardon. But this view of his official character amounts to an abandonment of the apostolic office cast upon him by his Lord, and deprives the body of the principal outward mark of a true visible Church. Every true Church, they affirmed, must maintain its entire character, the abandonment of any one article destroys it ; but the Establishment has relinquished the power of the keys y the Church of England has renounced those miraculous gifts, as necessary now as ever, to con- vince the gainsay er and the infidel, to confound heresy and schism, and to ground her upon that Rock upon which Christ himself placed her, promising 1 that " He would be with her to the end of the world/' so that she should never want any of those good gifts to which she owed her birth, and by which she was maintained in her infancy; all these good gifts the Church of Eng- land had wilfully thrown aw ay; she had renounced her birthright for that mess of pottage, state connexion, and the time had therefore arrived to renounce her. .4. Tractarian Secession. Upon these grounds many clergymen of the Oxford School went over to the Church of Home. And it is the more important to state them clearly, because they are the basis of those identical errors which the Reformation protested against and swept away. At that period the idea of a sacri- ficing and mediatorial office in the priest, was substantially disavowed, and he descended into the humbler character of an appointed minister and instructor of the Christian people. The altar dwindled into a table covered with a pure white linen cloth, the elements of sacrifice into simple bread and wine ; the efficacy the real presence of the Saviour dependent in an infinitely higher degree upon the spiritual state of the recipient than upon the hand that hallowed the sacred feast. 9 With the bread and wine Christ verily and indeed entered into the temple of the Christian heart, hut only when swept and garnished by the besom of repentance, and not by that of sacerdotal absolution. This degradation from the potential to the merely ministerial office mortified and irritated the ambitious spirits which our Church had for a long 1 time past nourished in her bosom, it must be confessed, with that degree of indulgence which is almost always extended to those who stand up for corporate privileges by the members of their own body. But as the views of these gentlemen expanded, dating, perhaps, from the publication of the 90th tract, that indulgence was in a great degree withdrawn. In proportion as they felt the ground slip from under them within the pale of the Establishment, their doubts increased, and their views veered naturally towards that communion which could alone lift them into a position upon a level with their spiritual pretensions. And in that communion they finally sought a refuge from disappointment and disg'race. And now, as usual in all such cases, no better way to justify their defection to themselves and their former friends could be hit upon than to second with more than ordinary zeal the efforts of their new allies for the overthrow of the principles they had betrayed and deserted. It may be mentioned here that opportunely enough for their scheme, while the hankering after religious display and pageantry before alluded to was gaining ground, a variety of other tastes con- nected with mediaeval antiquity occupied the atten- 10 tion of artists and ticltled the fancies of amateurs and idlers of all ranks. The former plunged head- long- into the mysteries of church architecture , the walls of the Royal Academy were covered with Gothic designs of all styles and periods,, almost to the exclusion of every other architectural study. The table of the boudoir was garnished with illumi- nated missals, lives of saints, legendary stories and novels, deriving their chief interest from connexion with Romish forms and ideas, or directly recom- mending Romish principles and practice. In con- versation the high-church tone came into vogue, and the manufacture of altar cloths and church ornaments was esteemed a fashionable occupation. To minds thus prepared it was now much easier to impart an exalted idea of the significance and importance of religious forms and ceremonies, and to connect them with the source from which they were originally derived. The Reformation was already brought into disesteem ; Protestantism was loudly condemned, the name of Rome was uttered with reverence ; all attacks upon her deprecated as schismatic, and every obstacle to a reunion with her cleared away, as soon as a decent opportunity could be found or created for slipping quietly through the open portals into the fold of Popery. Pope Pius IX was, chiefly by the instrumentality of the new converts, led to believe that the time for throw- ing them wide open had arrived ; the bull " Univer- salis Ecclesise" was issued and England graciously received into the arms of the only true church. 11 . 5. Movement among the Roman Catholic clergy. Whether encouraged by these prospects, or prompted simply by a desire for an increase of personal power and dignity, or, it may well be, by an anxiety to be placed in a more favourable position to take advantage of the increase of libe- ralism in religion as in politics for the extension of their peculiar church principles whatever their motive may have been, it is certain that for some years prior to this, the Roman Catholic clergy in this country expressed to the Pope a strong desire to be released from the dependent position in which they then stood, and to exchange it for that of a self-existent canonical hierarchy. Hitherto the Roman Catholic bishops and clergy had appeared among us as simple missionaries appointed by the Pope for service " in partibus haereticorum ;" con- sequently with no other than a delegated office confined to the spiritual superintendence of the scattered flocks of their communion in these king- doms. And in this light they were regarded by the legislature and the public. The bishops were liable to be shifted from one district to another by the Pope, just as an itinerant preacher of the Methodist connexion may be removed from his circuit by the fiat of the Conference; and even within that district they had no ordinary authority but what they derived from the Pope's instructions. Their complaint, therefore, was, that in the true sense of the word, they were not really bishops ; for they were provided neither with sees nor dioceses, 12 The common or canon law of the Roman church, as of our own, places every diocesan bishop upon an independent ground. Subject only to papal visita- tion, he is his own master ; and every interference, except by the canonical modes and procedures is excluded.* As vicars, the} r held only the personal, but none of the territorial attributes of bishops. In this precise light they had been regarded in Pro- testant England for nearly three centuries; and under this view of their status and condition, and no other, all our legislative enactments relating to Roman Catholics had been passed. Never till now had the Bishop of Rome suffered a suspicion to get abroad that he himself contemplated them in any other light, or thought of giving them an episcopal character identical with that of the national hierarchy. It was, therefore, in the humble garb of a Mission- ary communion that the Roman Catholic clergy and laity presented themselves in 1829 to the British legislature, petitioning for the restoration of their civil rights. All they asked was that a particular oath called the "Oath of Supremacy," in the form in which it stood on the Statute book, should be removed out of their way. By that oath the King was declared to be fe in all causes ecclesiastical as well as civil in these his dominions supreme." To this they objected that they could not conscienti- ously make such a declaration ; but expressed their willingness to acknowledge the temporal supremacy of the crown in the amplest terms. Without any * Dr. Ullathorne's letter, Times, 24th Oct. 1850. 13 legislative notice of their peculiar religious objections, the Parliament released from this oath, every one who should declare himself a Roman Catholic and substituted another with which they expressed them- selves satisfied. The country thereupon admitted them without suspicion, and almost without limit, to every privilege of British subjects. The incon- veniences which have flowed out of this heedless proceeding will be a subject of our future considera- tion. It is very probable that the Romish bishops, when in 1848 they petitioned the Pope to assign to them sees and dioceses in England, may have persuaded themselves that the proceedings of 1829 implied a legislative licence and authority to uphold the spi- ritual supremacy of Rome in opposition to that of the Engiish crown. Be this as it may, in 1850 we find that proposi- tion boldly maintained and practically carried out. Dr. Nicholas Wiseman, a very distinguished Roman Catholic prelate, stood godfather to the scheme, and produced to our astonished vision a Bull or " Letter ApostolicaP from Rome, erecting the whole of England into one huge Archiepiscopal province, with himself at the head, by the title of Archbishop of Westminster, and the additional decoration no doubt out of compliment to our mediaeval tastes of recent growth of a Cardinal's hat. The eight Vicars Apostolic are by this wonderful instrument installed in eight new bishoprics carved out of, though not conterminous with the ancient dioceses of this country. A ninth diocese, that of South- 14 wark, is for the present to be held in commendam with the Metropolitan See of Westminster- and three other sees, all set out by metes and bounds, remain, we believe, up to this time at the disposal of his Holiness. The vicars were thus converted from the status of simple missionary priests into that of a territorial spiritual magistracy, with high rank, local habitation and defined jurisdiction, ready to measure themselves in all these respects, and upon their own ground, with the bishops and clergy of the Established Church. It is not necessary to describe the effect of this extraordinary measure upon the Protestant com- munions of this country. It is sufficient to state that our hearts, which since the year 1829 had been ever open to the just claims of our Roman Catholic countrymen, were closed for the present. The whole kingdom resounded from end to end with one loud and indignant protest, and petitions without number poured in upon the Queen, beseeching her to hasten to the rescue of her violated rights, and of the civil and religious liberties of her subjects. For, that the publication of a papal Bull in this country, more especially one of a nature like that with which Dr. Wiseman has presented us, was a violation of the entire policy and spirit, if not of the letter of our law, was the all but universal im- pression of English Protestants an impression, it must be remembered, manifesting itself at a moment when the spirit and the practice of toleration had become a habit of the Protestant mind in this country at a period following close upon the heels 15 of that in which we had, by the repeal of nineteen or twenty almost forgotten statutes, removed, as we believed, the last shadow which intercepted the full sunshine of Romish g'ratitude and affection. That we acted under a very serious mista.ke will I con- ceive appear in the sequel of this treatise. . 6. Some disadvantages of our position. The contest, however, has begun under some dis- advantages on our side which it is necessary to specify. Let it be remembered in the mean time that it is not my design to offer any new informa- tion or argument, but simply to arrange that already produced, and often eloquently produced, at public meetings and lectures, as well as from the pulpit ; and, if possible, to do it without wearying the reader with a twice-told tale. 1. The first disadvantage to which I solicit your attention is that of Irish immigration. It is well known that within the last eight or ten years, but especially since the occurrence of the late potato famines in Ireland, many hun- dred thousand Irish, exclusively of the most in- digent classes, and devoted to the religion of Rome under the tuition of priests brought up in the Go- vernment College of Maynooth, have settled in London and in the greater manufacturing cities of England, e. g. Manchester, Liverpool, and Glasgow. These multitudes have been followed by priests of their own communion, who have managed to esta- blish among them the same unbounded influence as that exercised by the same class of men at home. 16 The bitter fruits of that influence in Ireland the irreclaimable barbarism of the rural population the agrarian murders and pillaging^ which mig'ht have been prevented the education so freely offered, repudiated at the suggestion of the priests the clamour for self-gwernment, which must have proved the bitterest of curses to them in their actual condition the undisguised use of political authority by these self-styled ministers of Christ, for the pur- pose of creating 1 among 1 their flocks hatred and con- tempt of their Saxon fellow-subjects these results, we maintain, convey at least a serious warning 1 to as how we permit a similar system to be introduced into this country. That it has been attempted is a matter of notoriety. Superintendants and con- tractors on railroads have been murdered by g'ang's of Irish labourers, others have been waylaid, beaten, and maltreated, yet not a witness to these sangui- nary outrages was to be obtained from among" their fellows ; not a whisper of exhortation or rebuke was heard from the altars or the pulpits to which these ignorant and misg-uided men resorted for moral and spiritual instruction. Silence often affords proof as pregnant as words. They who could if they pleased have prevented crimes, those in particular whose special duty it is so to do, and do it not, are responsible in foro con- scientite for the result of their wilful neg-lig-ence. We need g-o no further back than the late meeting- at Birkenhead to test both the sangninary temper of the newly-imported Irish labourer, and the in- fluence, for gwd or for evil, his priest possesses and 17 exercises over him. The influence ot such a class, if permitted to fasten itself upon this country, must be unspeakably calamitous. Even as it now stands, if at any time it should suit the policy of their sacerdotal leaders - themselves well-skilled in the art of keeping- out of harm's way to let loose the fanatical masses upon the Protestant communities of the populous towns, the amount of crime, blood- shed, and destruction of property is beyond all estimate. The calculations of religious leaders, as we learn but too clearly from the history of the past, are never materially disturbed by considera- tions of that nature. When we look back to the history of St. Peter of Castelnau, the Saints of St. Bartholomew, and the martyrs to the heretical vigilance of Queen Elizabeth, we feel instinctively that fanaticised masses like these care as little for their own lives as for those of their opponents. They are amply rewarded by the anticipated honour of martyrdom in the holy warfare. But though it might not come to this, the mere consciousness th#t such a power existed close to their own doors, must tend to lame the magistracy, to trammel the administration of justice, and to perplex the legislature. A large class of timid persons in our towns would be induced to deprecate at any cost the most obvious measures of repression. All who have any thing to lose would abstain from lending their aid or their names to the most urgent precautions if it should be thought displeasing to the ghostly advisers of the congregated Irish. The eyes of Chartists and disturbers of all sorts - B 18 the hopes of mob orators and pot politicians- would turn naturally towards the rising 1 sun of Romanism. The conditions of the alliance would give neither party any serious trouble. But what should we say of the condition of England, if com- pelled to resort to the same measures here for the defence of our laws, our homes, and our pro- perty, as those we were driven to adopt in Ireland in 1848 ? This question suggests a second consideration of the same dangerous character. It is well known to the police magistracy of this great city, that in the eastern outskirts and in many other parts and portions of the town, there are con- gregated nearly 300,000 persons who are either absolute heathens, i.e. destitute of all religion, or Irish Roman Catholics. These two classes are associated with each other by the bonds of common poverty, labour, and suffering. But the Roman Catholic has a positive creed ; he has, in his way, a certain sense of religious obligation, though its external manifestation may depend altogether upon the will of his priest. But men, even the most degraded of the species, will have a religion; the worst, if no better presents itself to their notice. Following the instinct of the human character, multitudes of these non-christians adopt the Roman profession, though it were only for form's sake ; and in this manner the spread of Romanism in those districts has been rapid beyond all former example. Such localities as these are the chosen arenas of Romish labours, infinite the good they mig'ht do, 19 infinite the mischief they may perpetrate, if (as is but too much to he apprehended) they should listen to the suggestions of ambition and religious hatred, and to infuse into their English penitents that fanatical spirit which they have so successfully pro- pagated in unhappy Ireland. The same observation applies to other large por- tions of the industrial districts of this country, more especially perhaps to the West Riding of Yorkshire, the towns of Liverpool, Glasgow, Manchester, and other populous manufacturing places. Of this dis- couraging symptom very little notice has hitherto been taken. The ultra-liberalism of these later times has derided the notion of danger from such a quar- ter. The natural alliance between ignorance and superstition, has been wholly overlooked, and this vast incursion of barbarism has been regarded only in its bearing upon statistics, upon the means of support, the increase of pauperism, the danger to the public peace from casual outbursts of the Irish national character, and other considerations having no connexion with the moral or religious conse- quences to the invaded regions and their poorer inhabitants. We have, as yet, no sufficient data by which to calculate the accession of political strength, the Roman priesthood may have derived from this source, but we know that it is very considerable, and of exactly the same character as that which they exercise over the native Irish. We have, it is true, the remedy against this evil in our own hands ; but the expense of erecting churches, endowing B 2 20 them for working" clergymen, building- schools, and paying* teachers, would, I am convinced, fall upon the ear of the parishes, hundreds and counties where it is required, like the knell of another in- come tax, overtopping 1 all that has been hitherto spent in churches and schools for the last ten years. Those who are best acquainted with the districts, I am naming*, speak of them as of an ig-nited mass of volcanic matter, ready to burst forth in ruinous explosion, as soon as the superincumbent weig-ht of law, authority and order shall be disturbed or shifted from its present basis. What course of conduct could more effectually tend to such a crisis, than one which should engender in the minds of the Protes- tant population, a suspicion that their dearest reli- gious interests mig'ht any day become the mere subjects of party calculation, or the sport of factious politicians, either within or without the walls of Parliament? Some impression of this kind has already gx>t abroad. A few successful attempts have been made by the ultra-dissenting- party, in alliance with chartists and republicans, to check the movement against Popery. By all these classes the overthrow of the Church of England is regarded as a very material step towards the accomplish- ment of their ulterior plans. In the pursuit of these plans they address the popular plea of unlimited toleration, to the larg*e class of timid, conscientious and puzzle-headed men, who cannot see that there are few rules of conduct, however excellent in them- selves, which, if pushed to extremes, do not lead men into pernicious absurdities. To these either 21 among- their own body, or elsewhere, who Mill en- tertain some lurking- suspicion, that after granting everything- the Papists may for the present ask, we may not yet have seen the end of their demands, nor meet with that reciprocity of toleration on their part, we have a rig-lit to expect, they urg-e the vast advances of civilization and knowledg-e, as a suffi- cient safeguard against the intrig-ues and encroach- ments of Popery : while the pious and trusting- are tranquillized by quoting- the remonstrance of Gama- liel to the Jewish Sanhedrin, against the intended persecution of the Apostles of Christ.* A third disadvantage in our position arises out of the undoubted existence, coupled with the semi- official recognition, of a Romish hierarchical estab- lishment in Ireland. Some years ago, in our zeal for extreme principles of toleration, we dealt C( a heavy blow and a serious discouragement" to Pro- testantism in that country by the abolition of twelve bishoprics belonging* to the establishment ; thereby leaving the Roman Catholic titulars in unrivalled possession of all the moral and religious influence which an active Protestant episcopacy might have retrieved and established. I do not remember whether it occurred to any one to suggest the pos- sibility of converting the twelve bishoprics it was intended to suppress, into the means of strengthening the interests of Protestantism the only interest in the island to which we can look with any confidence for the maintenance of the union with this country. * Acts v. 38, 39. 22 Certain it is, however, that that interest was in the minds of our rulers identified with Qrangeism, and decried with a bitterness of sarcasm and an intensity of aversion which indicated the source from which it proceeded, and the alliance of which such mani- festations of zeal were the indispensable conditions. That alliance was, in fact, the creature of a tem- porary political expediency. It is now acknowledged that not one of the advantages so confidently pre- dicted from it have been realized. Every effort for the improvement and instruction of the people has been invariably thwarted by the Irish episcopacy ; every act of private charity or public beneficence has been neutralized by false representations, or by systematic depreciation; and every expedient that ingenuity could devise has been resorted to to ob- struct the healing* influence of time and improved intercourse upon the festering wounds inflicted by ancient differences of race, creed and civilization. We cannot be surprised at these lamentable results of our efforts to reconcile Romish ascendancy with our projects of improvement. The state of Ireland exhibits the normal condition of every country where Romanism prevails without the sharp control of Government. We have substituted coaxings and favours for the pressure of control ; we desired to conciliate ; we shewed ourselves inordinately anxious to blot out every appearance of coercion ; we gave a rich endowment to a College for the education of their priesthood ; we offered them general education divested of every obstacle to the inculcation of their own religious opinions among the children of their 23 communion. Everything- was objected to : all that brought with it any immediate advantage was accepted, but without the conditions annexed with- out gratitude without acknowledgment as an instalment of a greater debt to be exacted hereafter to the uttermost farthing. The amount, though not very precisely stated, may be easily guessed at. The opinions of the Irish hierarchy are in the highest degree ultramontane, and in that respect at least there is a perfect sympathy between them and the projected papal establishment in England. They will naturally afford each other mutual aid and counsel, for the common purpose of overthrowing the Established Church. Whatever measures we in this country may think fit to adopt against Dr. Wiseman's scheme, will be resented as an insult to Ireland. A promising beginning has been already made ; our public meetings have been stigmatised with the bitterest derision and contempt, and the unlucky letter of our liberal Premier has run the gauntlet of Irish vituperation to the exhaustion of the copious vocabulary of abuse so familiar to that lively and imaginative race. All these disadvantages of our position, are, however, light in comparison with those arising out of the conduct of our government towards the Roman Catholic hierarchs in Great Britain, and in the Colonies. Our legislature has sanctioned the illegal presumption of the Irish Roman Catholic prelates, in naming them by the designations or rank hitherto appropriated to the prelates of the Established Church, in the Charitable Bequests Act of 1845 ; 24 ; md this in the teeth of an express clause in the Act of 1829, which made it a misdemeanor punishable by severe fines, to assume the style and title of any existing* archbishopric, bishopric, or deanery, in the occupation of a bishop or dig'iiitary of the United Churches of England and Ireland. In the British Colonies, as it has been correctly stated,* the See of Rome has repeatedly created archbishoprics, and bishoprics with territorial titles, setting- out provinces and dioceses, and appointing- diocesan archbishops, and bishops, without the consent of the British Government without re- monstrance on their part, and in one ca'se (that of Melbourne in Australia), with the express sanction of the Officers of the Colony, for the assumption of the local title by the Romish prelate. It is also added, and I believe, correctly, that the Government has in Ireland, and elsewhere recognised the rank of those prelates as archbishops and bishops, by giving- them the honorary prefixes of " My Lord," and " Your Grace," which the law or usage assigns to the archbishops and bishops of the Established Church. From all these and many other acts of culpable neg-lig-ence or settled purpose, a strong- presumption has been drawn that the Government of this country has practically abandoned and vir- tually repealed the only protective clause in the Bill of 1829 j that, namely, which was intended to pro- hibit an open and public assumption of equality of * See Mr. Bowyer's pamphlet published by "authority," p. 13. 25 rank and station-^important in every social state on the part of the Roman Catholic hierarchs. But to this topic we shall have to refer hereafter. Hitherto my only purpose has been to place before my Protestant fellow-subjects some of the external disadvantages of their position, not with a view to abate their courage, but to make known the weak points of their line ; to shew from what quarter the attack is likely to proceed, and to direct them, if pos- sible, to the best modes of defence. But besides those already enumerated, there is a disadvantage against which we cannot be too much upon our guard : that is, the absence of unity of effort among- ourselves. Parties have always run high in this country, yet there has been generally at bottom a fund of good sense which has neutralized the effects of faction. Dissenters and Churchmen have fought for their respective theories of Church government and disci- pline, upon Protestant ground. Though divided in their ideas of the Church, in their interests and their feeling's, both parties adhered to the Reformation as zealously as to their Bible. Let us now, like the antagonist parties in the country who in 1660 com- bined to restore the monarchy, adjourn our dissen- sions, if such there must be between us, to the day of success ; let us reduce our peculiar ideas, interests and feeling's, to that single idea, and interest, and feeling-, which we hold in common. Receding- for the moment from extreme grounds, let us fix our undivided attention upon the common object ; giving up what we should prefer, for the sake of what we all so earnestly desire. " This," says M. Guizot in 26 his last work; " is the true touchstone of political good sense and intelligence among- opposing- par- ties."* As these pag-es are exclusively addressed to those who hold by the principles of the Reformation, it may be as well perhaps to state what I believe this common ground to be. If I mistake not, the great idea fostered by our Reformers was that the univer- sal Church of Christ is not necessarily connected with any unvarying- form of Church government, discipline, or ritual observance \ and that as long- as there are no differences as to the main principles of Christian truth, as they stand recorded in the Scrip- tures, disagreements in externals cannot shut out any denomination of Christians from its place among the members of that one great Catholic and Apos- tolic body of which Jesus Christ is the only supreme Head and Ruler. The external particulars to which I have alluded will be reg-arded by all parties as at best no more than means to an end \ and though Dissenters may earnestly desire to reduce the Church of England to their platform, yet if they are honest in their adherence to Reformation principles, they will not permit the enemy of the common faith to deal the blow that shall strike her to the earth. There is an internal union, a catholicity of the heart, in the relation between the Church and the orthodox Dissenters, which to my mind no external differ- ences ought to affect. The same may be said of the national Church of Scotland. All these assert the right of private judgment, which the Church of * " Monk," in the preface, p. vii. 27 Home denounces ; all demand the free use of the Scriptures, which the Church of Rome prohibits; all alike protest against the introduction of a erro- neous and strange doctrines contrary to God's word," such as many of those introduced hy the Church of Rome. This, I believe, is the common ground upon which all may fight the battle of their faith ; and from this ground we may reconnoitre our enemy, examine his position and tactics, ascertain our own vulnerable points, and hasten to the assistance of our allies, whether they be of the Churches of Eng- land or Scotland, or of our Protestant brethren, whatever denomination they may have adopted. It must, however, be quite clear to all, that the Church of England stands in the first line of the battle array ; that the first shaft of Rome has been aimed at her; and that every advantage gained over her will be regarded as a battle won without further notice of her allies. The truth is undeniable, that as in physical warfare little account is taken of any but the disciplined portion of the enemy's line, so in spiritual warfare organization and discipline must afford decisive advantages. This advantage the Church of Rome possesses in an eminent degree. Whatever can be done by courage, zeal, strict sub- ordination and obedience, will be accomplished. The carnal apparatus of warfare at her disposal is as immeasurably superior to ours, as we believe our spiritual panoply to be above hers in excellence. The Established Church is the only portion of our line which presents the semblance of discipline. It is indeed weak; the commanding officers have little 28 power over their juniors ; but there is a corporate aptitude there which the late assault of Rome has called into life and activity. A spirit of combination has been displayed by the laity of her communion which promises well, and it has met with no trifling encouragement from the most enlightened members and ministers of the several dissenting- bodies. Yet it will appear in the sequel that the first attack has been levelled at the Church throug-h the Queen's supremacy, against which, whatever theo- retical objections it may be open to, it is perfectly manifest a victory would be decisive. It would be a victory, not only over the Church, but over the law of the land. No party, whether ecclesiastical or lay, has affected to deny that it is the law of the land, that the Queen of these realms is, " under God, in all causes, ecclesiastical as well as civil, in these her dominions supreme." The court of Borne regard this as our weak point. Many dissenting- bodies deny it in the ecclesiastical sense ; a large portion of our Roman Catholic fellow-subjects have been released from acknowledging it in that sense ; and for the most part confidently believe that the Church will find no allies to defend it out of her own body, of which many members, they know, have secretly protested against it, and carried many of the laity along with them. In order, therefore, that no misunderstanding may exist as to the character and capabilities of the position thus selected as the first object of attack, we must first ascertain what this supremacy amounts to in the law and practice of the constitution. We 29 may then inquire with better effect what that supre- macy is which the Papists set up against it ; whe- ther it be of the same, or of a different nature more or less extensive or despotic more or less liberal or restrictive of the religious liberties of the subject. It may be speculatively of greater importance to estimate rightly the character of this latter, than of the former kind of supremacy ; but practically, the question is, whether by the overthrow of the one, a path might not be opened for the admission of the other, as has been done already in Ireland with such calamitous success. 7. Supremacy of the Queen. We therefore proceed to inquire what is the nature and extent of her Majesty's supremacy as head of the Church according to the law and prac- tice of the British Constitution ? This preliminary question must receive an answer before we can determine the legal character of the late Papal measure ; that is, before we can ascertain its con- sistency or antagonism to the Common and Statute Law of the land, by which alone be it remembered we, the clergy and laity of England are, or will ever consent to be bound. For the sake of perspicuity it will not be amiss to adopt the distinction as to ecclesiastical jurisdiction proposed by Cardinal Bellarmine.* According to that celebrated divine, whose works have always been ad- mitted as of great weight in his church, the aggregate I of ecclesiastical powers is two-fold. 1. The Potestas I * De Pont. Rom. Lib. iv. c. 22. 30 Ordinis, and 2. The Potestas Jurisdictions. The Jlrst of these includes the powers requisite to determine the doctrines and administer the sacraments of the church j the second comprises two distinct powers, viz. that of preaching- or instruction, which is called the internal jurisdiction, and the right to execute or enforce the ordinances of the church, to watch over the due performance of their duties by the clergy, and to defend the ecclesiastical system from all harm both from within and from without; and this is called the power of External jurisdiction. This second item of the " Potestas Jurisdictionis" is clearly a matter external to all that is material to the constitution of a church it belongs entirely to that outward political authority, by which the internal and essential character of the church, its spiritual powers and attributes are preserved; it watches over the purity of doctrine, restrains those who violate ecclesiastical law, checks encroachments upon the laws of the land, and takes care that the officials of all orders neither fall short of, nor transgress the limits of the duty assigned to them.* The history of English constitutional law shews that our monarchs have uniformly claimed and exercised this external jurisdiction, scrupulously reserving- to the churchmen the entire internal jurisdiction both of order and of indoctrination. * This was the doctrine of the Gallican Church, as we learn from the treatises of Claude Fauchet (Libertes de Peglise Gallicam, Par. 1612, p. 234, et ed. 1639, p. 179), and from that of Charles le Faye, (ed. 1649, p. 230.) 31 This view of their ecclesiastical prerogative is clearly discernible in the laws of the Saxon princes of this country from the age of Ina* to that of Edward the Confessor. King- Edgar (A.D. 9C6) told his clergy, that " they wielded the sword of Peter, he, the sword of Constantine ;" he declared that he was in his kingdom as " the diligent husbandman of the Lord, the pastor of pastors the vicegerent of Christ upon earth."')' The same conception of the plenitude of this external jurisdiction is every where traceable in the laws and capitularies of the Prank- ish kings ] in none so clearly as in those of Charle- magne and of his saintly son Louis the Pious.J The laws of our Saxon sovereigns respecting ecclesiastical affairs are numerous; they were in- differently called "Leges" and "Canones," and were all enacted by the king, with the advice and assistance of his clergy of every degree. In all cases the first movement appears to proceed from him, and from him they derive their legal character and effect. It is true that the distinctions between the internal and the external jurisdictions were not always very accurately discerned, nor that some trespasses on the proper domain of the hierarchy may not be detected. But whenever this occurs it was cured by the concurrence and assent of the * King of Wessex ; he flourished between the years 687 and 725. f Wilkins Concil. Vol. I. p. 242, col. i. " Agens, Christo favente, in terris quod ipse juste egit in coelis." J The French writers usually designate him by the name of Louis Le Debonnaire. The authorities for this statement are before me. 32 latter, and no complaint is heard of such trespasses from any quarter. The powers thus exercised without contradiction by the princes of France and England in the period intervening* between the conversion of the Saxons and the Norman invasion are best expressed by what we understand by the Visitatorial powers the right, namely, and the duty to carry into exe- cution the laws of the church by the temporal authority of the prince ; to hold the officers of the church to the performance of their duties, if need be, by penalties and by deprivation of the temporalities ; and to remove and punish abuses of every kind without any other ecclesiastical authorization than that implied in his sovereign office. In the same power was also uniformly included the right to nominate and translate bishops, to call national councils and to preside over them in person. Meanwhile, however, a great change had occurred on the continent of Europe. The Papal authority, effete and dormant during almost the entire course of the 10th century, had arisen from its long sleep with a power hitherto unprecedented. The laws and canons of the church had been diligently col- lected and arranged mostly from Roman sources,* by ecclesiastics devoted to the extension of papal * By Rhegino of Frames, Burchard of Worms, and Anselm of Lucca, all living between the beginning of the 10th and the latter half of the llth century. These com- pilers were followed towards the close of that century by Ivo of Chartres, and a few years later by Gratian of Chiusa Tuscany. 33 influence, with a view to which they had embodied in their digests the whole substance of the most unjusti- fiable fraud and forgery ever imposed upon the igno- rance and credulity of mankind the so-called Isi- dorian Decretals. The principles of ecclesiastical domination put forth in these documents were incon- sistent with the exercise of any kind of jurisdiction by the laity indeed the utter exclusion of the latter from all church membership, except as an inert and passive herd, was one of the principal objects of that cele- brated imposture. After a long struggle the pseudo- Isidorian code maintained its g'round, and notwith- standing some instances of isolated resistance, was generally acknowledged by the clergy as the binding law of the church.* Though less completely perhaps than elsewhere, the Eoman canon law in this form was very commonly \ received in the churches of France, more especially in that of Normandy, where a complete separation of the secular and ecclesiastical jurisdictions had already taken place. On the other hand in England the only canons known to the clergy were those enacted by the national church herself, with the assent and concurrence of the sovereign. The Bishop's Court was not distinguished from the Court of the Hundred over which he presided, and in which causes civil and ecclesiastical were indiscriminately * The several collectors inserted into their digests every thing material to their purpose that they could find in the Isidorian forgeries. See more particularly the " Decretum Gratiani," and the subsequent compilation of Pope Gregory IX. C 34 decided.* But William of Normandy, it is well known, had solicited and obtained from Pope Alexander II. a confirmation of his title to the crown of England; and was not disinclined to oblige him or the Romanizing 1 clergy in any matter not involving 1 the present surrender of substantial power. Many Norman bishops and clerks followed him into his newly conquered kingdom ; and, with their decretal education, it is not surprising that they should take offence at the profane contact into which they were brought with the laity in the course of their ecclesiastical ministrations. We may fix upon this point of time as the com- mencement of the struggle between the Civil laws of England and the Canon or Decretal law of Rome. And it ought not to be forgotten that the latter is, with little exception, of Papal enactment ; that it is compounded in nine parts out of ten of the arbitrary decretals of the Popes, intermixed with forgeries and fictions, fraudulently, ignorantly, or heedlessly introduced into the authorized collections, and that, in the absence of all contemporaneous con- currence on the part of churches or people of Chris- tendom, this code remains to the present day the standard of ecclesiastical law for the Roman com- munion. * Twysden, Historical Vindication of the Church of England, p. 99. Leges Hen. I. c. ? The Judges in these Courts were, the Bishop, the Earl and the Sheriff, (vice- dominus), and the order of proceeding was to take first " the administration of the Law Christian, next the King's Pleas, and lastly the Pleas of private persons." 35 But the earlier ordinances of William the Nor- man for the separation of the ecclesiastical from the lay tribunals were not fully carried out till the reign of King 1 Stephen.* In that reign a success- ful attempt was made to withdraw a clerk charged with murder from the cognizance of the lay judge.f But the ecclesiastical jurisdiction was never acknowledged by the king's courts. No principle of law was more zealously inculcated than that, when any question arose between the courts spiritual and temporal, to which of the two jurisdictions a cause belonged ; the decision always rested with the king's judges.^ There is good ground for believing that William himself had no intention to surrender to the church this impor- tant branch of the rights of his crown. Eadmer says of him that ff all affairs, ecclesiastical as well as secular, were made to depend upon his pleasure." Both the Conqueror and his successors down to John endeavoured indeed to steer a middle course between canonism and prerogative. In their ignorant anxiety to stand well with their Romanizing * Twysden, Vindication, &c. p. 101. t The case of Symphorian, a clerk of the Cathedral at York, charged with the murder of Archbishop William by poison in the year 1154. J Bracton, Lib. v. c. 15. 3. "ludex ecclesiasticus cum prohibitionem a rege susceperit, supersedere debet in omni casu; saltern donee consteterit in curid regis ad quern pertineat jurisdictio." Eadmer, p. 6, 21. " Cuncta, divina simul et humana ejus nutum expectabat." c 2 clergy, they unconsciously took steps which may have endangered, hut could not vary either the law of the land, or the rights of the Crown. Not one of these princes was to he driven to any legislative measure in any degree trenching upon the law as it stood. In the bitter quarrel between Henry I. and Archbishop Anselm of Canterbury, that prince stoutly maintained his prerogative right to deter- mine which of two rival pretenders to the Papacy the clergy of his dominions should acknowledge.* And when Anselm without the king's consent in- sisted upon transferring his allegiance to Urban II. in preference of his rival Clement III. and asserted his right to sue out his pallium from the former in preference to the latter of these Pontiffs, Henry bluntly informed him that "he knew of no law or custom entitling any subject without his (the king's) licence to set up a Pope of his own over the kingdom of England ; and that any man who should presume to take out of his hands the decision of that question might as well take the crown from his head." The Archbishop, still persisting in his disobedience, was informed that the act would be regarded as a viola- tion of his allegiance, and " that it would be vain to attempt to reconcile his fealty to the king with obedience to the Apostolical See against the will of the Sovereign."! The Archbishop, however * Eadmer, Ed. 1623, p. 25. t " Nequaquam fidem quam regi debebat, siimil et Apostolicae sedis obedientiam contra ejus (Regis) volunta- tem servare." Eadmer, ubi sup. Anselm himself in his 57 persisted, and quitted the kingdom on "his i way to Rome. The temporalities of his see were immedi- ately and leg-ally seized into the hands of the king-. The struggle between Henry I. and Anselm, was" long' and obstinate. In the sequel it came to turri upon the question of investitures. The king's of England like their continental neighbours, had hitherto been in the habit of giving investiture of bishoprics, abbeys, and higher ecclesiastical ap- pointments by the delivery of the emblematic ring and crozier. These, it was contended by the Court 6f Rome, were spiritual tokens, and the transmission of them by lay hands, a desecration and a sacrilege. Anselm therefore refused to receive investiture in this form ; but in the end, with, the consent of Pas- chal II., agreed to do homage to the king for the temporalities of his see, Henry abandoning investi- ture by the ring and crozier. The only change effected in the ecclesiastical practice in England by this step, was the substitution of personal homage and fealty for the prior form of investiture. The real object of the Pope was defeated, the disposal of the temporalities remained in the Crown, and with it effectively the power of appointment to the sees of his kingdom.* While the contest between Henry and Anselm address to the Synod at Ilingham, near Shaftesbury, reports the expressions of the king even more strongly. * The Pope's consent was given with a very bad grace. He permitted the prelate to do homage, but only " donee per omnipotentis Domini gratiam ad hoc omittendum cor regium moHiatur." 38 wes undecided, a Papal minister arrived on the coast; alleging that he was entrusted with a legantine power over all England; from the Pope. The ting' however held it to be a special prerogative of his Crown; to accept or to reject at his pleasure such interferences with the ordinary ecclesiastical govern- ment of the country by a foreign prince j and the legate was sent out of the country; without having been admitted to the presence of the king. About fifteen years after this; the same Pope (Paschal II.) made a second attempt to introduce the legantine power into the kingdom ; but with no better success. The interposition of a foreign juris- diction superseding 1 the ordinary powers of the Church; was equally unpopular among- the clergy and the laity. This legate; like his predecessor; was not permitted to land in England. The king indeed thought fit subsequently to permit his clergy to attend a Council convoked by Pope Calixtus II. at Eheims (A.B. 11 19); but with an express prohibition to carry their causes either original; or in the shape of appeals; before the Pope. " Go" he said; " salute the Pope in my name; listen humbly to the Apostolic precepts, but beware how he or you attempt to introduce innovations into my kingdom." The principle of Henry's conduct in truth was; that commands from Eome were of no force in England; unless they came with the stamp of the royal approbation and consent. A third attempt of the same kind by the same pontiff was equally unsuccessful. It was indeed by this time pretty well understood that the law 39 and custom of England repudiated the legantine commission as an illegal interference with the ordi- nary course of ecclesiastical government which the law had placed under the superintendance of the sovereign.* That the popes should in the preced- ing, as in subsequent ages, hold language implying that the rights exercised by the kings of England in the government of the Church were so exercised by virtue of grants or concessions from them- selves cannot alter the fact that they were claimed by the sovereign and admitted by the nation, in virtue of the law and custom of the realm ; an au- thority abhorrent from all claim of superiority or equality, whether proceeding from foreign priest or prince, or any other external power. The law upon this subject is well expressed in a letter of the Angli- can prelates to Thomas & Becket in the year 1167 : " The king," say they, " is set up by God that he may above all things provide for the peace of the churches, and of the people entrusted to him, that he may preserve the prerogatives of the crown enjoyed by his predecessors, and compel their ob- servance to himself personally ." And in fact, as to * Although the writers of the age in describing or al- luding to the acts of the crown in ecclesiastical affairs some- times use the terms "collata," " impetrata," "permissa" which may be thought to imply a delegated power from the Holy See for what they did; yet they as often de- scribe acts of authority by the King as " antiques Anglia3 consuetudines," "libertates regni, &c. Henry himself certainly knew them by no other description than " digni- tates, usus, consuetudines quas Pater ejus in regno habuit." 40 all matters pertaining* to the external police of the church the supremacy of the crown was acknow- ledged, even in that age of struggles and animosities, both by clergy and laity. Until the anarchical reign of Stephen the efforts of the crown for the preservation of its ecclesias- tical prerogative were tolerably successful. In the second year of the pontificate of Honorius II. (A. D. 1125), it is true, a Cardinal legate made his appearance in England, and with unheard of inso- lence presumed to take precedence of the Arch- bishop of Canterbury in his own cathedral, thereby superseding- the Primate and setting- up the supre- macy of a commission derived immediately from a foreig-n court. The Anglican prelates fully under- stood the drift of the Papal movement ; and at a Synod held in London under the presidency of the leg-ate himself, protested vehemently ag-ainst the presumptuous arrog-ance of a foreig-n priest in taking- upon himself to occupy the presidential throne above archbishops, bishops and abbots, and the assembled nobility of the whole realm of Eng- land. But Henry I., then in Normandy, had im- prudently given his permission to the legate to pass into England, and thereby afforded an advantage to the Roman enemy which, thoug-h legally ineffectual, could not but operate to the disadvantage of his church. A timid and time-serving spirit was creep- ing into the heart of the Anglican Church. The Archbishop, instead of boldly availing himself of the public indignation at the outrage inflicted upon the lawful dignity and jurisdiction of his primacy, re- 41 sorted to Rome for his remedy/ and fetched from thence a full legantine commission for himself, by which step, at least during* his own lifetime, he secured himself against further interference from that quarter, but withal sacrificed for his own per- son the independence of his See, together with the prescriptive legal rights thereunto annexed. It would be absurd, however, to contend, that this treasonable act could operate in any way to vary or affect the civil or ecclesiastical polity of England, or the prerogatives of the See of Canterbury founded upon that polity, unless it could be shewn that an act of the Pope was of authority to change the law of the land without the concurrence of the Sovereign and the body of the realm.* Certainly no English subject will, I apprehend, be found now-a-days to look to any other authorities than the laws and cus- toms of the kingdom to ascertain the rights of the Crown of England in respect of the Church of Eng- land.! The historical student need not, I think, be * Twysden, ubi supr. p. 22 to 25. t Henry V., a monarch who cannot be accused of want of reverence for the Papacy, entertained no meaner opinion of his own supremacy. When the envoys of that prince demanded the assent of Pope Martin V. to several particulars touching the Church of England, the hesitations of the Pontiff were put an end to by the declaration of the envoys, that if he refused his concurrence they were in- structed to assure him that the king would nevertheless, in all these particulars, act upon his own prerogative, and that in preferring this request the king had acted, not from any presumed necessity, but simply out of respect and deference for the Pope. Twysden, ubi supr. p. 17- 42 reminded that periods of national discord and con- fusion are precisely those in which the greatest advances of the Papal power have been effected. The profligate and tyrannical conduct of many of our princes afforded invaluable opportunities for en- croachment. The unsettled condition of the people under the earlier king's of the Norman line, the pre- vailing* ig-norance and superstition of the masses, diverted the nation's attention from the movements of Home, and prevented any clear perception of their pernicious and unconstitutional character. The king's, on the other hand, were so intimidated by the temporal influence derived by the Popes from party connections and intrigues both in Church and State^ as rarely to oppose decisive resistance to the most obvious attempts to subjug*ate both. During* the entire period which elapsed between the acces- sion of Stephen and that of Edward I. (A. D. 1135 to 1273) their opportunities for disturbing 1 the Government, exciting* discontent among 1 its subjects, and unsettling* the public conscience their unspar- ing 1 use of spiritual censures and excommunications their inveterate habit of treating- the civil powers as simple instruments for the promotion of ecclesias- tical despotism all these thing's kept the State and Government of the country in perpetual fever of agitation and alarm. Every year of this period unfolds some fresh proof of the temporal tendency of the Papal system. The history of the Church of Rome within this century and a half exhibits a series of purely political advances, disgrdsed under her spiritual claims, which, but for her own errors, must 43 have consummated the gigantic scheme of theocratic policy first broached by Hildebrand, and brought to perfection by the daring genius of Innocent III. In the reign of Stephen the legantine power was fastened upon the kingdom in the person of his bro- ther Henry bishop of Winchester. As legate of the Holy See that prelate took upon himself, in fraud of the king's prerogative and of the bishops' courts, to hear and determine appeals to Rome in ecclesiastical causes. Though till now unknown in England, appeals to the Pope became so frequent in this reign that both clergy and laity began to regard them as an oppressive innovation upon the rights of the national Church. At length, in the llth year of Henry II. (1164), the general discontent found its proper issue in a solemn act of the national legis- lature, declaratory of the ancient law and custom of the realm, and utterly subversive of all the later encroachments of Rome. This statute is known to us as the celebrated Constitutions of Clarendon. By this enactment the King, with the assent of his barons and lieges, ecclesiastical and lay, set out and declared certain parts and portions of the customs and liberties of his predecessors in respect of the Church of England, more especially those of his grandfather Henry I., and recited those of them which of right ought to be observed in this kingdom; with a view to settle the dissensions and discords whichhad then of late so frequently arisen between the clergy, the Justiciaries of the king and the nobility of the realm. It was therefore enacted, 1. That all suits respecting presentations and advowsons of churches 44 Snould be heard in the first instance, in the king's' Courts : 2. That no churches in fee of the king- should be given away without his consent : 3. Clerks accused in any matter before the king's justiciaries, shall come into his court and make answer to all such things as shall be objected to them ; and if the; matter shall appear to be of ecclesiastical cognizance, it shall be by them remitted to the spiritual court : 4. Archbishops, bishops, and office-bearers of the crown, shall not depart the realm to go to Borne or elsewhere, without the king's licence : 5. No person holding in capite of the crown, nor any of his ser- vants shall be excommunicated, or their lands placed under interdict without advising with the king there- upon : 6. All appeals in ecclesiastical causes shall proceed in regular gradation from the court of the archdeacon to that of the bishop ; from him there ghall be an appeal to the archbishop ; and if there shall be a failure of justice in the last of these courts, appeal shall be had to the king himself in the court of the archbishop ; no further appeal to be lawful without express consent of the crown : 7. All actions respecting lands to be brought, in the first instance, in the lords' court or that of the king; if the land be there found to be of lay tenure, the decision to rest with the temporal courts ; if of spiritual tenure, the plea of right to be remitted to the court Christian : 8. Archbishops and bishops shall hold their sees of the king by tenure of barony; they shall be responsible for their conduct as barons to the justiciaries and ministers of the king ; they shall follow and perform all the dues and duties of their baronies, and shall 45 attend the king's courts and person like other barons : 9. The rents and profits of all vacant sees, abbeys, and priories shall, during* vacancy, flow into the king's exchequer : 10. When such a vacancy shall occur, the chief clergy of the church to be filled up shall appear to the king's summons, and there in his chapel, by his consent, and by the advice of the persons whom he shall appoint, proceed to elect a successor to the benefice ; the person so elected, then and there to do homage to the king- for the same.* Becket was for the moment driven out of his course of resistance by the unanimity of the National Council, and reluctantly subscribed the Constitutions of Clarendon. But Henry imprudently permitted him to resort to Pope Alexander III., who was at that moment holding- a Council at Sens in France. Becket applied to the pontiff for a pardon and dispensation from the uncanonical obligation he had incurred by assenting' to the Constitutions of Clarendon. Alexander readily granted both, and in the " fulness of his pontifical authority," set aside and annulled a statute of the realm of England. Henry II. did his best to exasperate the quarrel ; he stopped the payment of the bene- volence annually paid to Rome under the name of c Peter's pence ;' sequestered all the temporalities of the See of Canterbury, and banished the adherents and relatives of the archbishop. No man living more thoroughly understood, or more heartily adopted the whole spirit of the papal scheme than Archbishop Becket.. The canons of * Matth. Paris. Ed. Watts, 1784, p. 84, 85. 46 Rome were his gospel, and none had more diligently studied them ; no one had more faithfully devoted himself to their advocacy. He replied to the un- worthy persecutions of Henry II. in a tone of haughty defiance. He reminded the king that "sovereigns were after all but the creatures and servants of the church ; priests, he said, were the fathers and the masters of all earthly princes and people $ sons cannot hold their fathers, or pupils their masters, in bondage ; neither may kings hind or loose those by whom they themselves are to be finally bound and loosed ; no human law hath any power over a priest ; no human judge, be he king or noble, shall dare to lay hands upon him ; for it is the duty of kings and nobles humbly to bow before him and cherish him; yea, kings and emperors have been, before now, bound by him in the bond of excommunication.''* This language was strictly canonical, although it was not yet fully comprehended by Government, or Church in England. But Becket sacrificed his life in the cause of canonism, and no man can doubt the sincerity of his convictions. A better witness could not be desired ; but his testimony, though at first it terrified a prince of infirm moral habits, and alarmed the superstition of the community, made few converts in this country. Scarcely six years after the murder of Becket, the Constitutions * Becket alluded here to the excommunication of the Emperor Henry IV. by Gregory VII. in 1076, and the like course then lately pursued by Pope Alexander III. against the Emperor Frederick I, (Barbarossa) in 1161. 47 of Clarendon were again confirmed by the great council of the kingdom, and severe penalties were enacted against persons quitting the realm to carry appeals to Rome the very cause in which Becket suffered martyrdom.* The statutes of Cla- rendon remained unaltered during the reign of Richard Coeur de Lion. But in that of his wretched brother John the power of the crown suffered a defeat which under other circumstances might have been fatal. John surrendered his crown into the hands of the Pope to purchase the privilege of worrying and plundering his subjects. But the Barons who had assented to this base act, to protect themselves against his tyranny, were now deserted by their patron the Pope, and were driven to assert the ancient rights of the kingdom by their own unaided efforts against both Pope and king. John was compelled to sign the Great Charter declaratory of the national liberties. The first article of that act provided that the Church of England should be free, and enjoy all its rights and liberties inviolable, a provision levelled against the lawless invasion of ecclesiastical endowments committed by the tyrant on the throne.f The Great Charter at the same * How perfectly the language and conduct of Becket tallied with the language held by Innocent III. to king John appears from Southey's extracts from the letter of that Pope to the King upon the arbitrary appointment of Cardinal Langton to the See of Canterbury in defiance of the Chapter of Canterbury, the bishops of the province and the royal will. See Southey, Book of the Church, vol. i. p. 269. t Coke's 2 Inst. p. 3. 48 time repealed the prohibition ag-ainst carrying* appeals to Rome, and opened a door to numerous abuses which must be referred to in the sequel. In this place it is particularly to be observed that Innocent III. who now reg-arded Engiand as a fief of the Holy See, and John as his sworn servant and vassal, took upon himself to annul the Great Charter and to excommunicate the members of the National Council by whom it had been enacted ; thus undis- guisedly, and with every form of sovereign authority with which the act could be clothed, repealing 1 a solemn statute of the realm, and claiming- secular power within the king-dom, overriding 1 all law, and equally inconsistent with the existence of either civil or religious liberty. 1 * .8. Struggle between Canonism and Prerogative. The Constitutions of Clarendon fairly represent the state of the royal prerogative in ecclesiastical matters down to the date of Magna Charta. But that great document of liberties was extorted from King- * The provision in . 50 of the Great Charter was, it is believed, made expressly to prevent any impediment to resorting to Rome in order to enter appeals in ecclesias- tical causes. See Twysden, p. 33. The bull against the Barons declares that England is a fief of the Holy See ; that the Barons have no right to give away the rights of the crown without the assent of the feudal lord ; they were therefore rebels : wherefore as he " whom God had appointed over nations and kingdoms to pluck up and to destroy, to build and to plant, he annulled what they had done, &c." 49 John by an unhappy alliance with Rome, an alliance which began and ended in the degradation of the crown, and a vast extension of the Papal influence in ecclesiastical affairs. But all this time the law of the land fortunately remained untouched, though its practice was in a great degree obscured by the prevalence of Canon- ism, introduced by the Romanizing clergy. When- ever any abuse became intolerable, the law, imprinted in the hearts and memories of the people, was at hand to strengthen remonstrance by arg*u- ment, and to encounter the presumption that any lengih of practice can legalize an abuse. The first malpractice which drew on it the atten- tion of the crown and people of England was that of appeals to Borne. The envoys of Henry III. to the Council of Lyons in 1245, presented a spirited remonstrance to Pope Innocent IV. upon the gTievance of appeals, and at .the same time invoked the law of the land against the admission of Papal legates into the kingdom without the king's licence. No one, they declared, was liable or ought by law to be dragged out of the kingdom to answer to a foreign judge for his conduct at home. This remonstrance, however, produced no adequate remedy. Little im- provement in the practice took place until Edward I. in his renewal of the Great Charter, omitted the clause by which the subject was allowed to go beyond seas without the consent of the king; thus reviving the law as it stood under the Consti- tutions of Clarendon. Thenceforward no one could arbitrarily withdraw his cause from the cognizance D 50 of the king's courts, or that of the ordinary spiritual tribunals, without the express licence of the crown ; and all who thus far presumed might be compelled to sue out a pardon for the offence. But this abuse dwindled into insignificance when compared with others brought upon the people by the state of spiritual thraldom into which they had been plunged by the combined influence of ignorance, oppression, and tyranny. The systematic efforts to reduce the Church and clergy of England to the level of subserviency to which the kingdom had fallen under the government of John, ended in the transfer of all the richest benefices, including arch- bishoprics, bishoprics, and abbeys, into the absolute disposal of the Pope. The process by which this consummation was accomplished is remarkable for its illegal and surreptitious character. The Archbishop of Canterbury, as Primate of England, enjoyed by law the completest exemp- tion from all foreign control. But the Popes availing themselves of the respectful homage paid to them, as the senior bishops of Christendom, received every such act of reverential attachment, as an acknowledgment of spiritual supremacy. The primates of England had in this way kept up an intercourse of mutual advice and affection, almost from the first establishment of Christianity in the island. The account against them for all this ran up at Borne to a fearful amount ; and as soon as the Conquest had smoothed the path, payment was demanded to the uttermost farthing. Though it was not very easy at once to recover the whole debt, 51 yet the two Hildebrandine archbishops Lanfranc and Anselm, lent them no inconsiderable assistance in bearding- the crown, and building* up a strong* canonist party among* the clergy of England. A beginning was made with the monasteries. Lan- franc procured the exemption of many of the greater conventual bodies from episcopal control. The ambition of these bodies had always been to be their own ordinaries ; they preferred a distant master to one on the spot j and for that consideration sold themselves without reservation to Eome. By this means the Pope obtained a numerous and able body of adherents, always acting* under the con- sciousness of inability to maintain their long 1 coveted exemptions without his aid. Innocent III., to whom the largest strides towards the accomplishment of the entire Papal scheme may be attributed, had managed to effect the transfer of the election of the Archbishop primate, from the bishops of the province to the monks and canons of the convent of St. Augustine attached to the Metro- politan Church. The same process gradually threw the episcopal elections throughout both provinces, . into the hands of the canons regular of the eathe- / dral churches. The Hildebrandine scheme was / beginning to fructify in an accession of power / and wealth to Eome. The freedom of election, for which Gregory VII. had fought with infinite resolution and pertinacity, was by this device effectually overthrown ; the king was divested of his customary right of nomination to vacant sees and abbeys, but without restoring it to the bishops, D 2 52 clergy, and commonalty of provinces and dioceses, to whom, by the common law of the Church, it be- A longed. The regulars upon whom that right had I now devolved were devoted canonists, the humblest f class of dependants upon Rome; and soon were themselves made to drink deeply of the bitter cup they had administered to the bishops. The Popes, after a brief pause, began to set aside all forms of election, " ex concesso plenitudinis ecclesiastics potestatis," and to grant out in various ways all the richest benefices in the kingdom to favourites and dependants.* But the chain which was to fetter the Church of England to the footstool of the Papacy, was not yet deemed strong enough to break the neck of re- sistance among the headstrong* population of Britain. The invention of the Pallium, a very ancient symbol of the metropolitan dignity was made subservient to that purpose. The nature and significance of this ornament must come under consideration here- after, in connection with the principal subject of this discourse. It is sufficient to observe in this place that it was holden by the Canonists that with- out it there can be no valid exercise of the archie- piscopal powers. The pallium, though originally regarded as a simple testimonial of spiritual regard and affection from the first bishop of the Christian * See Bulla Greg. IX. ap. Matth. Paris, Ed. Watts, p. 299, 300. It is said by Matth. Paris that during the three years, that Otho, the legate of Gregory IX. sojourned in England, he bestowed more than 300 ecclesiastical benefices. 58 world to his favoured brethren at a distance, became at leng'th a mode of conveying" such a share of the plenitude of the Apostolic authority residing 1 in the See of Peter, as was deemed essential to the exercise of the metropolitan office. Since the Conquest, every Archbishop of Canterbury or York sued out his pallium at Rome ; most frequently in person. The Popes at a very early period* beg'an to annex to the delivery of the pallium a specific oath of temporal allegiance to the Holy See. Within a little more than a century from this time, the same oath was exacted from all bishops and abbots, in addition to the money price then usually paid for the Papal confirmation.^ But more than this ; bishops and abbots were at length compelled, under grievous penalties, spiritual and temporal, to appear before the Pope in person, to sue for the confirmation of their elections \ and to that end several severe canons were enBctecfin the so-called General Councils of 1215 and 1245. J All these measures answered the double purpose of extending the Papal influence and * That of Ralph or Radulph, Archb. of Canterbury is the first case on record. (A.D. 1115.) t The words of this oath as reported by Matth. Paris, (Hist. Maj. Ed. Watts, p. 349, 35), are almost word for word a transcript of the oath of feudal allegiance of sub- jects to their sovereigns. " I swear that I will be faithful and obedient to the Holy Roman church, and to our Lord N. and his successors canonically appointed." See also Matth. Paris, Vita? Abbat. S. Alban, p. 1067, 1069. Under Innocent III. and Innocent IV. 54 enriching:, the Papal treasury by an organized sys- tem of assessment and collection, agreeing* with the then current canonical theory of the chair of Peter. We must refer to that theory hereafter for another purpose, observing- only in this place that the Papacy was, under the fostering- care of the Canonists, fast growing to the full stature, and as- suming all the attributes of a universal temporal sovereignty, to which the idea of territorial revenue commensurate with the extent of its presumed dominion naturally necessarily, attached itself. Several kingdoms in Europe, among the rest Eng- land, were regarded at Rome as tributary states, and in that capacity as much a part and portion of the patrimony of St. Peter as the Italian territories comprised in the donations of Pepin or Charie- magne. We have now to inquire how that theory worked in practice ; we shall trace to its operation the establishment of a system of rapacity, venality and extortion without a parallel in the history of nations ; and probably in the end convince ourselves that to the intolerable abuses it introduced, we are indebted for the restoration of the lawful supremacy of the crown and the ultimate liberation of the country from the incubus of Papal tyranny. Bearing, then, in mind that by the systematic } disparagement of the metropolitan jurisdiction ; by fettering archbishops and bishops with the oath of fealty; by removing abbots, priors and convents from episcopal control; by placing perpetual im- pediments in the way of the " common law" of the church through the interposition of legates a 55 more than all, by taking- advantage of the internal distempers of the state, arraying* king against nobles, and nobles against the king, the court of Rome had succeeded, first in wresting investitures out of the hands of the sovereigns of Europe, and afterwards appropriating all the richest and most important benefices to itself we have now to see what use it made of the enormous powers thus usurped. The earliest financial claim of that court upon England, was based upon the payment of ' Peter's pence/ This payment arose in the Saxon era, and was regarded strictly as a benevolence or almsgiving from the monarch to the See of Peter for the benefit of his own soul, and the spiritual welfare of his people.* Some of our own early writers described this impost as the "Tributum S. Petri." The Canonists improved upon the idea suggested by this word, and at length contended that the payment implied an acknowledgement by the king, on behalf of his king- dom, that he was " Tributarius feudatarius S. Petro ejusque successoribus."t Indeed, the antiquity of the payment, the unfrequent interruptions, and those owing rather to political quarrels with the see of Eoni8, than to any denial of the charitable obligation, * Hoveden. " De Denario S. Petri, qui Anglice dicitur ' Romescot/ " Savile, p. 603. t Twysden, p. 74. from Will, of Malmsbury. That writer says, that the envoy of Henry I. to Rome in the cause of Ansehn of Canterbury, acknowledged " Angliam peculiarem esse Romance ecclesise provinciam, et ei quo- tannis tributum pensitare." Malmsb. ap. Savile, p. 226, 20 to 30. 56 gave it the semblance of a debt or annuity of right .due from the kingdom of England to the chair of Peter. But a donation of a charitable nature, however binding- or imperative, cannot be converted into a tri- bute implying- political subjection. Yet when taken in conjunction with the surrender of his crown by King- John, it mig-ht furnish a case for argument, more especially upon canonical principles by which the most trivial presumptions of fact are constantly substituted for conclusions of law provided it could be shewn that John could leg-ally transfer his crown to a strang-er. On any other supposition the pay- ment of Peter's pence by him and his successors is valueless in argument.* But the mind of Rome was made up upon this subject sometime before the successful mission of Cardinal Pandulph in Eng-land. In the year 1183 Pope Lucius III. called upon King- Henry II. the clergy and all other Christian people to supply him with a subsidy to carry on the war in which he was engaged with his own rebellious subjects. The clergy, not as yet quite broken in to the yoke, declined any direct contribution to the necessities of the Pope, but offered the King- a sum of money to be transmitted to Rome as from himself, alleging as their reason that they did not wish to see any Nuncio of the Pope in England to fleece them.f This advice was followed and the money was paid. So likewise a year or two afterwards Pope Clement * Twysden, 76. t Hoveden ap. Savile, p. 622, 14 to 25, 5? III. addressed the like application to Henry (1187) ; and Pope Innocent III., to king John in 1201 for the carrying 1 on of the Holy Wars in Palestine, < But the latter pontiff always in advance of his pre- decessors in the career of encroachment managed upon this occasion to introduce his agents and collectors into the country to assist in the levy, whereby he was enabled to appropriate a portion of the funds to his own use, and to furnish a profitable job for his dependants.* The same process was repeated in 1206,f and the contemptible coward upon the throne bespoke the favourable consideration of the haughty Innocent upon the ground that the monarch of a kingdom from which both he and his courtiers derived a richer revenue than from all the regions on that side of the Alps taken together, was entitled to more regard than to have an Arch- bishop (Langton) whom he did not know forced upon him.J In the year 1229 again, Gregory IX. demanded of the kingdom a tenth of all revenues, both lay and ecclesiastical, to enable him to carry on his internecine war with the imperial house of Ho- I henstauffen. The laity declined \ the clergy yielded I with reluctance, and about eleven years afterwards I * Matth. Paris, Ann. 1202, p. 174, 62, 63. t Matth. Paris, Ann. 1206, p. 180, 25 to 30. " Johannes Ferentinus Apost. Sed. legatus veniens in Angliam, eamque perlustrans, magnam pecuniae summam congessit. -. quo facto, sarcinulis cum magna cautela dispositis et pru- denter commendatis, festinus viator ad mare perveniens, Angliam a tergo salutavit." t M. Paris, Ann. 1207, p. 188, 34 to 38. 58 were rewarded by a second demand of a Jlftk of all their moveables to make up, so we conjecture, for the total absence of fidelity and obedience, estima- ted in hard cash, for which the English were so severely censured by the Roman Curia.* Henry III. was indeed anxious to g*et rid of the Papal legate, but the latter clung- to his lucrative office, and the King- when pressed upon the subject by the envoys of the Emperor Frederick II. declared that as liegeman and vassal of Rome he could not interfere with the legate's proceeding's. In the result the Pope carried his point ; clergy and laity were assessed alike to enable him to carry on a war of purely secular ambition against a foreign sovereign, the ally and relative of their king. At the departure of the legate in the following year, it was said, he carried away as much ready cash as he left behind in the kingdom. Not long afterwards, Innocent IV. (A.D. 1246), levied an impost upon the religious houses in this country for the undisguised purpose of paying the troops engaged in his own domestic and foreign wars. These precedents of general taxation were more than sufficient for the canonists. At Rome, a bona Jlde conviction prevailed that England was part and portion of the patrimony of St. Peter, and the im- patience of the Curia was exasperated to fury at the obstacles they encountered in drawing ad libitum both upon clergy and laity .f But fortu- * M. Paris, Ann. 1229, p. 304, 305. Id. Ann. 1240, p. 469, 20 to 60. f See M. Paris, Ann. 1229, 304, 305. 59 nately the English law and lawyers took as little heed of their claims as they of any other law than the canons, and the principles deducible from them^ The common law still opposed an insurmountable barrier to any regular well organized scheme of taxation, other than that sanctioned by Magna Charta and the usages of the realm. The Popes were therefore driven to irregular, and perhaps on that account more vexatious modes of filling their treasury, and satisfying the insatiable cravings of their creatures and dependants. The transfer of benefices under a variety of pretexts from the king and lay patrons to the Curia, the extortions for the pallium, for confirmations and the expenses attendant upon frequent journeys to Rome a very convenient expedient for ascertaining the squeezable character and capacities of the country exhausted the patience both of clergy and laity. At the Council of Lyons in 1245, the English prelates complained that not less than 60,000 marks were annually carried out of the country by the Pope's Italian beneficiaries, besides other sums from different sources. In the follow- ing year they reiterated their complaints, but with like ill success on both occasions.* The indignation of all classes had, however, by this time become loud and general enough to awaken Henry from his lethargic submission. In 1246 he plucked up courag'e to prohibit the payment of all talliages and aids to the Pope.f All Europe, in * Matth. Paris, Ann. 1245, p. 585, 586. Id. Ann. 1246, p. 618, 619. f Ibid. Ann. 1246, p. 619. 60 about this time rang- with bitter invectives against the rapacity of the Pontiffs, and the bound- less extortions of the Roman curia.* But aids and talliages were not in themselves sufficient to account for the drain of specie com- plained of. Yet as on the one hand they implied a more serious attack upon the temporal prerogative of the crown, the power of levying 1 them was the more flattering- to the pretensions of the Pope to paramount sovereignty over the kingdom. After the above mentioned reproof, however, we hear of no similar attempts on the part of Rome. But through- out the reigns of Henry III. and his successors Ed- ward I. and Edward II. little improvement is to be traced in the state of the Anglican Church. The favourite modes of disposing of the Church revenues were those of provisions and reservations. A provision was a grant of survivorship of a particular benefice by the Pope to an ecclesiastic thereunto previously named sometimes to youths or children, occasion- ally to persons as yet unborn. Reservation was effected by keeping a benefice open until it suited the Pope to appoint to it, with a claim to the reve- nues accruing during the period of vacancy .f * See Matth. Paris's naive description of the deputation of the monks of St, Albans to Rome in the cause of Abbot John. Vitse Abbot. S. Alb. p. 1067- f Provisions, as the name imports, were modes of pro- viding for those who served the papacy with zeal or ability, or of enriching favourites and relatives at the ex- pense of sovereigns and private patrons ; sometimes they assumed the shape of annuities reserved upon the reve- 01 A very ancient benevolence to the See of Rome generally, though perhaps in the earlier periods not universally paid, was known by the namejxf ^First- fruits, and consisted of a sum equal to the first year's income of every benefice in the hands of a new incumbent. Annates or Tenths, were the tythe of the annual revenue of all sees and livings, like Peter's pence and First-fruits, originally a simple eleemosynary payment, but in the same way gradually converted into a canonical tax, were imposts submitted to by the clergy, and connived at by the king. The pontiffs were in the habit of main- taining a number of agents in this country, known by the name of procurators and collectors, with a view to the more effectual collection of the revenue arising from these sources. But these officers did not escape the vigilance of the English princes. Under the pretence of collecting for him they shared the spoil with the Pope, and to this circumstance we may attribute the long continuance of abuses which must otherwise have sunk under their own weight. At length a better era seemed to dawn upon the Anglican Church. The publication of Papal bulls had proved a serious obstacle to the administration of justice ; excommunications and interdicts against princes and ministers of the crown irritated and nues of abbeys and other benefices ; they were universal throughout the Latin communion during the middle ages, and rested solely upon the " plenitude of the apostolical authority/' by simply annulling and setting at naught all other public or private rights. Comp. Du Cange, Gloss. Vocibus ' Provisio' and ' Reservation 62 perplexed the Government ; bulls of provision, reservation, survivorships, and annuities ; bulls for the exemption of monasteries from episcopal super- vision ; for the appointment of procurators and collectors, and a variety of other objects connected with the system of illegal taxation established upon the sole authority of Rome \ the custom of inter- fering- with the ordinary course of Church Govern- ment, and pushing the Sovereign and the Primate from the seat they had always occupied in the ecclesiastical Synods of the realm ; the frightful results of the immunities from secular responsibility claimed by the Papal canonists for the clergy ; and lastly, the extortions of the Pope and his agents, the drain of specie out of the country to enrich the minions of a foreign court, all these indignities operated at length to recall the attention of the people to the laws of the land, and to convince them of the necessity of preventing the pernicious system, growing out of their own superstitions and discords, from expanding itself to the total overthrow of their laws and liberties. The law of England always looked upon the in- troduction and publication of Papal bulls in this country with extreme jealousy. There is no prin- ciple of the common law clearer than that no such instrument could be legally brought into this coun- try without the express permission of the Sovereign.* * See the proceedings against the Bishops of Norwich and London for interdicting the lands of Hugh, Earl of Chester, in obedience to the Pope's bull, and in contempt 63 King* Edward I. could with difficulty be persuaded to spare the life of a person who had dared to intro- duce a bull calculated to create disturbance in the king-dom j and his grandson^ Edward III. actually put to death several persons for the like offence.* In the reig'n of the latter the complaints of the nation became more frequent. In the lists of grievances exhibited in the rolls of Parliament under that prince none appears more frequently than that of Papal provisions. The king 1 himself became incensed at the surreptitious abstraction of those presentations and advowsons which had been from all times, and still were by law attached to the crown. He directed Pope Clement VI. to be informed that it was the law and custom of the realm of England that all elections to vacant sees should take place with the consent and in the presence of the Sovereign. In the Parliament of the 25 Ed. III. the Commons expressed bitter resentment ag-ainst provisions ; they told the king- that the Court of Rome had by such instruments reserved to itself all the abbeys and priories, all the prebends of cathedral churches and all the richest benefices of the kingdom.! This remonstrance produced the first Statute of of the Constitutions of Clarendon (A.D. 1164), Matth. Paris. Ed. Watts, p. 86, 87. * Twysden, p. 6?. Walsingham, Hist. Angl. Ann. 1358, p. 145, ap. Camden, Anglica, Hybernica, &c. p. 522, Ed. Frankf. 1602. t Rot, Parl. 25 Ed. III. Ed. of Rec. Comm. vol. ii. p. 228. 64 Provisors which is annexed to the roll of that Par- liament.* The preamble states that "the Pope hath ( accroached' to himself not merely the presen- tation but the sovereign right or lordship over bishoprics, abbeys, priories, benefices, and religious foundations of every kind : that he had given and granted the same to aliens not domiciled in the country, and to Cardinals who could not reside there, in the same manner and as fully as if he were in rightful possession of the patronage and ad vow- son of the said dignities and benefices, the which is contrary to the law of England, and in prejudice of the rightful owners ; so that if such practice be allowed to prevail, soon there will not remain a single living in England which, by the method of Provision, shall not have fallen into the hands of aliens or denizens, against the intention of the founders, to the ruin of the Church of England, the disinherison of the king and his heirs, as also of the nobility, the patrons and founders kin, to the scandal and overthrow of the law, and franchises of the kingdom, the great injury of souls, and the ultimate ruin of the kingdom." Reciting further that prior , to the grant of free election to the chapters of cathedrals and abbeys, the free disposal and pre- sentment to all churches of royal foundation was absolutely vested in the king as prime grants ; the statute enacts, that the chapters shall in all cases apply to the crown for a conge d'elire, and present the clerk of their choice to the king for his approval; t Ibid. n. 46. p. 232. G5 reserving 1 to him the free presentation, for that turn, of all such benefices as should have been at that time the subjects of any unexecuted Papal reservation or provision. This led to the statutes of 27th and 28th Edward III.,, in pari materid. In the latter years of his reign however, Edward III. came to an understand- ing with Pope Gregory XI., whereby it was agreed that the latter should not in future make any more reservations in this kingdom. But the Parliaments declined placing any confidence in Rome, and petitioned the king not to permit either Pope or Cardinal, to maintain any procurators or collectors in England, upon pain of life and limb.* Yet the concordat or agreement appears to have given little satisfaction to the country } and in the 50th Edward III., the Commons renewed their complaints. The petition presented on that occasion, contains a full statement of the law of the land regarding advow- sons and presentations, and proceeds to set forth the consequences of the Papal aggressions, in terms of the severest reprobation. " It should be considered," say they, "that the Church of England was in ancient times -founded by the kings, nobles, and Christian people of this realm, and by them endowed with rich rentals, lands, and great possessions, together with many franchises, and all other tem- poralities thereunto annexed; which possessions, together with those given and granted by the king, amount to more than a third part of the kingdom ; * Twysden, p. 62, 64. E 66 that all these thing's were given to the intent that the profits arising* therefrom should be expended on the spots where they are produced, to the honour of God, the maintenance of churches, and in hospi- tality, alms and works of charity : that the kings and other great men of the realm had heretofore, in consideration of these great gifts to holy Church, been in peaceable possession of the rights of ad- vowson and presentation to the said churches and benefices, so by them founded and endowed : that afterwards, indeed, at the suit of the Pope, and with the consent of the king, the bishops were freely elected by the chapters of their churches, and resided upon their sees, instructing the people, and spending their revenues there, as in duty bound ; that as long as this good custom lasted, the king- dom was wealthy and prosperous ; but when they were laid aside, and the revenues arising from them were diverted to the purposes of covetousness and simony, the kingdom fell into all manner of adver- sities ; wars, pestilence, famines, murrains, and poverty so afflicted and ruined the country, that that there is now scarcely the third part of the population, or the wealth it once possessed left in it : That the court of Rome hath so subtlely and cun- ningiy, by little and little, and advancing from less to more, in the process of time, and by the sufferance and abettings of evil-disposed persons, out of all measure of times past, drawn to itself the collation to bishoprics, abbeys, dignities, livings, and other benefices to the amount of more than five times the rents and profits of the King in England : That of 67 every benefice so given away by the Pope, he re- serves to himself a tax or sum of money therefrom, so that if a bishop die before paying- the assessment, that assessment is levied together with a second upon the successor. That with a view to make a pretext for more taxings, the Pope, by means of translations, makes two or three vacancies out of one, levying 1 a tax for each translation, so that when a bishop has got his bulls, he is often so much in debt for the tax and other payments to the Court of Rome, that he is obliged to cut down the woods of his see, to borrow from his friends, to levy aids from his poor tenants, and subsidies from his clergy; thereby greatly distressing the Church and people of England.* But the Statute of Provisors (25 Ed. III.) con- tained a blot which rendered it almost inoperative. The king might at any time legalize every one of the abuses complained of by his royal licence. The statute, therefore, merely operated to enable him to make a better bargain with the Pope; but con- tributed little to the abolition of the abuses com- plained of. In the third year of Richard II. the Commons renewed their remonstrances against the concordat of the late reign, which, they said, had resulted in no real benefit to the country. They then present that the reigning Pope, Urban VI. had lately given the priory of Deerhurst to an * Rot. Parl. 50 Ed. III. n. 94. Records, vol. ii. p. The petition goes on to expose the vile traffic in benefices, provisions, reservations, &c. in the corrupt court of Avignon, carried on by brokers and procurers, &c. E 2 68 alien Cardinal, the like of which was never before endured in this country, and had granted to another Cardinal the archdeaconry of Bath, together with the first expectation that should fall vacant within the province of Canterbury, at and for the price of 4000 florins j and that he is in the daily habit of selling* to other aliens, reservations and provisions upon the revenues of English benefices. The king's answer, and the enactment thereupon fell far short of the first expectation of the Commons. ( He would write to the Pope/ he replied, e to put an end to such encroachments ;' in the meantime it was enacted, that no persons should receive letters of procuration, or attorney to act for the Pope or his nominees, nor take any benefice to farm, excepting the king-'s lieges, and that no more money should be remitted to the alien beneficiaries. This statute imposes the same penalties for disturbing the presentees of the legitimate patrons under colour of provisions or reservations as those "annexed to a breach of statute, 25 Edw. III. ; all such offenders to be attached by their bodies, and if convicted, to remain in prison without bail or mainprize at the king-'s mercy, until they shall have made due fine and redemption at his pleasure, and compen- sated the parties aggrieved for their damages.* The grievance of licences, however, still remained unredressed, and the evil continued unabated. In the 7th Rich. II. a remonstrance similar to the foregoing was addressed to the king ; but he was * Rot. Parl. vol. iii. p. 82. col. 1. 60 unwilling* to abandon the profits derivable from this iniquitous invasion of the rights of his subjects, and returned a snappish answer to the application of the Commons. He desired them not to molest him further with petitions on that head, but promised for the future to be circumspect in granting- licences.* The King- and the Pope were in truth the lion and the wolf; the King- got the lion's share, and the Pope, though not without many a snarl, was obliged to put up with that of the wolf. In the year 1245, as we have seen, the amount of the money sent out of the kingdom on this score, was 60,000 marks. In 1252 it amounted to 70,000 ; about a century afterwards the Commons complained that the drain of money for this cause was greater than that resulting* from all the wars of the king (Edward III) ! So late as the last year but one of that prince's reign (A.D. 1376), they allege that notwithstanding the late statutes, the Pope's collector, besides maintaining a state equal to that of a prince or duke, sent 20,000 marks to Eome, for procuration of abbeys, priories, firstfruits, &c. and to cardinals and other foreign beneficed clerks in England, as much more, besides what w T as remitted to English clerks resid- ing 1 at the Pope's court, to solicit the affairs of those at home. Certain cardinals, they said, the notorious enemies of the kingdom, had procured expectancies to certain benefices within the pro- vinces of Canterbury and York ; and that the Pope's collector, besides living upon the people's * Rot. Parl. 7 Rich. II. n. 54. vol. iii. p. 163. 70 money, was in fact a mere spy to worm out the secrets of the State, and to report the vacancies of benefices that he might make them known to the Court of Rome, and by ascertaining- the rackrents upon oath, and raising- them beyond the customary valuation, make the collection of firstfruits of all dignities and living's both easier and more profit- able. They accordingly desired the king- to send all strange clerks and others out of the king-dom, and to prohibit all his subjects from acting- without the king's licence as proctors, attornies, or farmers to any such alien, upon pain of life and member, and loss of g-oods, and of being- dealt with as com- mon thieves and robbers.* Throug-hout the reig-n of the feeble Richard, the public discontent went on increasing-. In the 10th year of his reign, the king- inhibited the newly- elected abbot of St. Augustine of Canterbury from going to Rome for confirmation. The abbot made his excuses to the Pope on that ground. The Pope replied laconically: "Your king commands you not to come, I command you to come." No excuse was admitted, least of all the prohibition of his sovereign, and it was intimated to him that there were other objections to his election behind. The abbot at length disobeyed his temporal, in deference to his spiritual superior, and went to Rome, where he was detained for three whole years. Soon after * Rot. Parl. 51 Ed. III. n. 36. Rec. Com. vol. ii. p. 36?. And see in pari materia the petitions of the 1 Rich. II. and the 3 and 5 Rich. II. Rot. Parl. p. 124, 125, as also 7th Rich. II. ubi supra. his return, the statute of the 13th Rich. II. was passed, which denounced the penalty of preemunire perpetual imprisonment, forfeiture of life and limb, lands and tenements, goods and chattels, at the king's mercy against any persons bringing into the kingdom, after the 20th of January of that year, any bull from the Pope, for conferring any benefices in England, or serving any summons or sentence of excommunication for disobeying such bulls.* The papal writers of that age fully understood the object of this statute to be the total exclusion of the papal influence in this country as to all matters not of purely spiritual concernment, and to make it unlawful for the future to have any transactions with the Pope in matters of that nature.^ This statute was followed by the 16 Rich. II. c. 5, now generally known as the Statute of Prtemunire, which is more specific. It recites that whereas the legal remedy to recover advowsons and presen- tations to benefices is in the King's Courts alone, execution whereof is to be made by the bishops ; and whereas the Pope hath awarded processes and sentences of excommunication against bishops and others for executing judgments given in the King's Courts, and has assumed power to cite prelates and others out of the realm, and to translate them from one see to another, to the detriment and danger of the royal prerogative ; and whereas the Lords * Rot. Parl. 13 Rich. II. c. 2, 3. K. ii. Rec. Com. vol. iii. p. 266. t Twysden, p. 90, quoting Pol. Virgil, lib. xx. p. 417- 72 temporal and spiritual and the Commons are under engagement to the King- to assist him in the defence of the liberties of his Crown ; it is ordained that any one purchasing- and suing- out or causing 1 to be purchased and sued out at the Court of Koine or elsewhere any such citation, process, sentence of excommunication, bull, instrument or other thing- touching- the king-, ag-ainst him, his crown, and royalty, or any persons bringing- the same into the realm, or receiving- or making- notification, or doing anything in execution thereof within or without the realm, they, their notaries, proctors, maintainers, abettors, fautors, and counsellors shall be put out of the King* ? s protection, their lands and tenements goods and chattels shall be forfeit to the King-, and they be attached by their bodies, if they may be found, and brought before the King and his Council there to answer the causes aforesaid, and that process be made against them by writ of (f Prcemunire facias" in manner as it is ordained in the Statute of Provisors (25 Ed. III.) and other statutes against those who act in derogation of the King's royal dignity.* It is not possible to ascertain at this distance of time how far these statutes contributed to mitig'ate the evils complained of. It is, however, to be re- marked that some of the principal sources of papal revenues, e. g. confirmations, firstfruits and annates, remained untouched by them. The latter statute appears to have been mainly designed to protect * Statutes of the Realm, vol. ii. p. 85. 73 the rights of the crown, of which in that age the King- was regarded as the rightful guardian. This view seems to have left him at liberty, as far as those rights were concerned, to treat with the Pope for the best terms. It is to be further noticed that as the power of taxing themselves was in the hands of the Church, the King might make the Pope a convenient instrument for extracting contributions, he would have found it much more difficult to obtain from the convocations. This ob- servation may explain the reluctance of Richard II. to send the papal agents out of the kingdom.* There is, in fact, every reason to believe that how- ever unwillingly the kings of England submitted to part with, their church patronage, they, like the contemporary kings of France, were in a great de- gree reconciled to it by the share of the spoils they contrived to extort from the popes. The statutes of praemunire did not stand much in their way ; the trick could be performed as cleverly and more conve- niently by English as by papal agents. The sus- * In the 13 Rich. II. the Commons petitioned that the Pope's collector, an alien, might have notice to quit the kingdom within 40 days upon pain of being put to ransom as an enemy to the king and kingdom, and that in future none but a natural born subject should be resident there as collector ; and that such person be allowed to do nothing contrary to the Statutes of Provisors under the penalty of praemunire without plea of pardon. Rot. Par 1. 13 Rich. II. n. 43; Rec. Com. Vol. iii. p. 270. This petition did not suit the king's convenience or policy, and received no satisfactory answer. 74 picions of the people are strongly indicated by their desiring- the King to renounce his prerogative of pardon against evil doers of this class. As long as this power remained in the crown he might connive at letters of provision from the Pope, and even legalize them by suit to himself for licence or pardon to the holder for carrying the Pope's bull into execution. But there is no feature which more strikingly distinguishes the constitutional history of England from that of any other nation under the sun, than that the law of the land was neither the creature of the will of the monarch, nor subject to be altered or bewrayed by his conduct under it or against it. The French forfeited their chances at one time far more favourable than our own of constitutional liberty, by pursuing the opposite course, and allowing the ancient laws of the realm to dwindle into the simple expression of the king's will. Our kings might, Meed, for their per- sonal accommodation relinquish the rights of the crown one by one, as did king John and Henry III. when they acknowledged themselves feudatories of Eome. But the law was in all these instances ready to step in to the rescue of their prerogative, and to save the crown harmless against the mis- deeds of the possessor. The corrupt bargains our princes struck with the Pope could neither legalize these transactions nor operate to deprive the crown of any of the rights in ecclesiastical matters, le- gally vested in it. The king's rights, as well as that of private patrons remained as they were from the earliest periods of our national history. Against 75 such a spirit of the law as this, the favourite argu- ment of the canonists from adverse precedent was of no avail ; and indeed we perceive that through- out the struggle between the canon and the com- mon law, the kings and people of England often flung themselves back upon the King's Courts when outwitted or intimidated by those of the Church. And with the view to strengthen themselves by alliance with the law of the land many of our kings strove to protect the administrative powers vested in them and their judges with extraordinary zeal. As already noticed, they refused to countenance the encroachments of the ecclesiastical courts upon the jurisdiction of the curia regis.* True it is that Edward III. assented to the petition of the clergy that archbishops and bishops should not be made amenable to the king's justiciaries, but to the Pope only ; yet he added a reservation which shewed the boon granted to be a mere relaxation, not an abro- gation of the law in their favour. They were to be exempt only until another remedy should be directed,! and the law was left as it stood before the king assented to its temporary suspension. But there was no consideration which drew the bond of union between the Clergy of England and the Court of Rome closer than that of exemption from secular jurisdiction. The canonical maxim that clergy and prelates could not be arraigned before the king's judges was, however, never established in * Vide sup. p. 34. f " Tantque autre remede soit ordeinee." Rot, Pail. 18 Ed. III. vol. ii. p. 151, 152. 76 this country. The progress of crime and profligacy among- the lower orders of the clergy had gone on increasing- in a ratio equal to the chances of impu- nity afforded by the loose practice of the ecclesias- tical courts. The struggle between these courts and the king's tribunals was long- and arduous, but the latter prevailed ; and clerical offenders escaped with no other advantages than those involved in the " benefit of clergy/' which exempted them in most cases from capital punishment. The Papacy, meanwhile, never desisted from its claim to share the judicial powers with the lay courts. As heads of the Church the Popes vindi- cated to themselves an absolute power of revising all ecclesiastical sentences, and a visitatorial juris- diction over all ecclesiastical courts. This claim they based expressly upon the " plenitude of the Apostolical authority," thereby plainly establishing our proposition that that authority involves in its very nature a temporal sovereignt}^ claiming- not merely to share but to supersede secular g-overnment whenever the merely worldly interests of its peculiar subjects a fortiori those of its own power should require it. And such in principle is its constitution at the present day. One or two observations remain to be made upon the state of the papal power in the reigns of the Henrys. The bringing in of Bulls was always regarded as the most dangerous defiance of our laws to which the Pontiffs were in the habit of resorting. The Popes were frequently requested by the Kings to put an end to this practice : and for this cause, the 77 latter in the earlier ages, from time to time prohibited all intercourse with Rome.* In the reig'n of Henry IV. this nuisance appears to have once more excited the attention of the crown. The court of Rome, under colour of its visitatorial authority, quashed the appointments of the King- as well as those of private persons, to the great damage of the patrons arid the clerks of their choice. A statute was there- fore passed to invalidate all such proceedings, and to confirm the nominees in the possession of their benefices.f In the third year of Henry V. a re- markable provision was made, shewing- how little the crown and the legislature had thoug-ht of re- linquishing 1 those general powers of ecclesiastical superintendence with which the law of the land had clothed them. An act was passed for filling- all ecclesiastical benefices ; archbishoprics, bishoprics, abbeys, &c. during 1 the then vacancy of the holy See, and for dispensing- with the papal confirmation. By the 7th Hen. IV. c. 8, and the 3rd Hen. V. c. 4, it was at length enacted that no licences for pro- visions should be available against any clerk pos- sessed of a benefice at the day of the dates of those statutes, and all such licences antecedently issued were declared void. From this period the nuisances of provisions and reservations were legally, though not always practically got rid of. It is singular to observe, amid the multiplicity of papal aggressions during the middle periods of our * Twysden, p. 67, quoting Hoveden. t Rot. Parl. 9 Hen. IV. p. 614, 615. 78 history, how little doubt rested upon the mind of lawgivers and lawyers in this country, that the external government of the church was vested in the crown, and that its administration in that respect was the subject of ordinary legislation. The very form of the king's writ for the convocation of Parliament takes it for granted* that the welfare and defence of the church was a matter as fully within their competency as those of the state. And thus in the reign of Richard II. the Commons, apprehending danger from the spread of the heresy of the Lollards, petitioned the king to take measures for the suppression of those opinions ; whereupon he commanded the archbishops and bishops to take all proper measures for the chastisement of the heretics, and especially to attend more diligently and zeal- ously to the execution of their duties than thereto- fore, to search for and f burn heretical books, particularly those written in English, and to seize and commit the heretics to prison, there to await the proper canonical judgment. After which a commission was issued by the king by the style and title of " Defender of the Catholic Faith," to carry out these measures against the Lollards.f A * The ancient Parliaments were summoned "pro qui- busdam arduis et urgentibus negotiis nos, statum et defen- sionem regni nostri Anglise et Ecclesice Anglicancc con- cernentibus." Rot. Parl. 20 Bich. II. n. 1. f Twysden, p. 112. This author quotes the preamble of a stat. of Henry V. to shew how strongly the principle contended for was impressed upon the minds of our princes. It runs thus : " Item it is declared that our sovereign Lord 79 similar petition, presented by the Commons, 14 years afterwards, to Henry IV. very plainly indicates that they regarded the king 1 as the constitutional guardian and visitor of the church, with powers, not merely to watch over the working- of the ecclesi- astical machinery, but to visit departures from its settled doctrine, discipline and ritual with condign punishment. It is material to observe that among- all the petitions of the Commons to which I have drawn attention, not one is to be found in which mention or allusion is made to any other tribunal than that of the king', to whom that duty might of right belong. Neither Pope, archbishops, or bishops are appealed to for authority or aid in the work of purifying the church from error ; but the king only. The prelates themselves partook of the general impression, and in the 2nd year of Henry IV. pe- titioned the crown, as of its own special duty and prerogative, to provide a proper remedy for the disorders, divisions and perils which had crept into the church by occasion of Lollardy.* The laity, on the other hand, uniformly resorted to the crown for redress and protection against the irregularities of the clergy ; as when the Ecclesi- astical Courts oppressed them with exorbitant fees the King, being animated with an ardent desire for the good estate of his church and kingdom, in all matters wherein there is need of amendment, for the honour of God and the peace and common profit of the Holy Church of England, and of all his kingdom, by the advice, &c. hath enacted," &c. * Rot. Parl 2 Hen. IV. n. 48. 80 in spiritual suits j* or when the pecuniary penalties imposed were too heavy ;t or when aggrieved by papal provisions, or by neglect of duty on the part of the inferior clergy, by non-residence, by the frequency of excommunications and of the writ cc de excommunicato capiendo,"J or by the arbitrary and illegal proceeding's of the Spiritual Courts. It was, indeed, thoug'ht that the pastoral authority of the Pope might materially assist in ridding- the country of those abuses; accordingly, it was not uncommon to petition the King- to call upon the Pontiff to aid in redressing* them, nor for the- kings to decline interfering of their sole authority in many matters in which it might be more convenient to act in conjunction with him. Yet, when their prerogative was concerned, they rarely scrupled to apply the remedy without consulting him. In reply to a petition of the Commons against ecclesiastical abuses, presented to Henry VI., he told them that he had delivered their bill to the Archbishop of Canterbury to remedy their grievances within his province, and that he would write to the Church of York to do the like within its jurisdiction. The current, indeed, of all these acts of the Crown and Parliament is so uniform and consistent, that it would be vain any * Rot. Parl 50 Edw. III. n. 84, and 1 Kick II. n. 108. t 25 Edw. III. n. 35. J Rot. Parl 2 Hen. V. n. 5, and 46 Ed. III. n, 36, 37, 41, 42. 2 Hen. V. ubi sup. 1? Ricli. II. n. 43, and 7 Hen. IV. n. 114. 81 longer to contend that the Common Law of Eng- land had not vested in the Crown an independent power to redress abuses in the external government of the Church, and to provide a remedy against dissensions, scandals, and divisions arising in the Church, as well as to arrest the progress of false doctrine, or what it might deem such, and to sustain the established religion of the State by enforcing the performance of their duty by the clergy. The closer we come down to the era of the Reformation, the greater appears to have been the jealousy of the Papal officials in this country. The appearance of a Cardinal here startled the public, and put the Government upon its guard. In the reign of Henry VI., the King's uncle, Henry, bishop of Winchester, had been elevated by Pope Martin V. to the cardinalate, and in that character returned to England in the year 1431. Having accepted a commission from the Pope to serve against the Hussites in Bohemia without the King*'s licence, he had incurred penalties against which he thought it requisite to protect himself by petitioning Parliament that he might not be vexed or prose- cuted by reason of his having acted under a Papal bull. The reason for this application probably was, that when Henry V. was informed that the bishop, his brother, had applied for that dignity, he had said "he would rather set his crown beside him than see him wear the hat of a cardinal." The petition of the King's uncle was, of course, granted ; but as the sworn servant of a foreign prince, pre- F 82 cautions were thought requisite against divided allegiance, and the bishop was not admitted to his birthright as a privy counsellor until he had taken an oath that he would bear no part in any matter or cause in which the Pope or the Apostolic See should be in any manner concerned.* It cannot, I think, be denied, that all these petitions would have been merely empty words, if the framer of them, had not really held it to be settled law that the King was endowed with a power of reforming the Church and redressing grievances in its government. But our kings never took upon themselves to meddle with the internal government of sacred things. The potestas ordinis and the administration of religious rites were never interfered with except by the advice and enact- ment of national councils or convocation. The monarchs of this country claimed not to control doctrine or discipline except as the guardians and conservators of their integrity and their purity, and then only by and through the instrumentality of the highest officers of the Church itself. It was in * Rot.Parl 8 Hen. VI. vol. iv. p. 338, n. IJ. The wording of this entry is curious : " Memorandum, quod licet transactis tempoiibus in regno Anglise visum non fuerit, ut speratur, quod aliqui Anglicae nationis ad statum et dignitatem Cardinalis per sedem Apostolicam sublimati, post susceptum hujusmodi dignitatem ad interessendum conciliis regiis veluti regis et regni conciliarii hactenus admissi exteterunt ;" yet, the entry proceeds, considering his near kindred to the king, &c. he is to be admitted, but with the condition stated in the text. 83 this sense and this only, that Henry VIII., Edward VI. and Elizabeth took to themselves the title of Head of the Church. And in this sense they did no more than exercise the powers vested in them by the law and custom of England, against which no foreign law or custom, whatever its. spiritual authority and sanctity, was allowed to prevail. In this sense it was that the clergy in Convocation styled Henry VIII. "The sole pro- tector and supreme ruler, and as far as the law of Christ permitted, supreme head of the Anglican Church." And in so doing they added nothing unto him but a title, for neither he nor his successors ever exercised any authority in ecclesiastical govern- ment not warranted by constitutional precedent and immemorial custom. As supreme heads and governors of the Church under Christ, the Divine Head, they rightfully claimed to "visit, reform, and redress all errors, heresies, schisms and abuses/' They nominated ecclesiastical commissioners to examine the canons, and to report upon them, with a view to their correction by the proper ecclesiastical authorities,* arid executed all those functions of external government for which during several preceding centuries they had to contend for with the Bishop of Eome. The rejection of the spiritual supremacy of the Pope rested upon totally different grounds. That was strictly a national movement, a religious revolution, which, when accomplished, drew after it * See 25 Henry VIII. c. 1. 25 Hen. VIII. c. 19. 2? Hen. VIII. c. 15. 35 Hen. VIII. c. 16. 3 & 4 Ed. VI. c. 11. 1 Eliz. c. 1. F 2 84 the natural legal consequences. Those consequences were already determined, and the Reformation was no other than the application of existing law to the exigencies of the case. The question whether the Pope is or is not the Vicar of Christ and the supreme head of His Church on earth does not even come into question. The people of England with their prince at their head, had (right or wrong) determined it against the Pope. They disowned and rejected him upon clear theological grounds; and having satisfied themselves that the Papal system was unsupported by Scripture, that it was an invasion of the rights of conscience, and that it was in practice utterly corrupt and incapahle of correction, they confirmed their sovereign in the position assigned to him by the law and custom of England, leaving all matters of faith, doctrine and discipline to the ecclesiastical powers, and investing him with the general rights of superintendence, visitation and control in respect of titles, sees, jurisdictions and exemptions, without which there could have been neither unity nor consistency in the cooperation of Church and State. In all this great care was taken not to alter the essential constitution of the Church. The persons only underwent a change \ bishops and clergy were selected from among those who rejected the cor- ruptions of Popery. It was the same body cor- porate under the same officers, after removing those deemed unfit for their duties. It was the same household, but swept and garnished, and provided with servants who were found willing to open the 85 doors to the rightful occupants, the religious people of this country, and to admit them to all the privi- leges of the sacred edifice, from which the former occupants had excluded them. When our Roman Catholic adversaries deny the identity of the Church of England, subsequently to the Reformation, they can do so only upon the ground that the supremacy of the Pope is an article of the Catholic faith. But upon this ground, we do not desire to meet them. The Church of England has settled that question in the negative as positively and as unalterably as. the Church of Rome has settled it in the affirmative. As an intellectual amusement, or as a means of producing conviction, our Church does not repudiate the discussion, but as an expedient for unsettling the foundations of her faith, she heeds such con- troversies as little as her adversary. What she really fears is an invasion of the laws upon which she grounds her rights. She apprehends injury from the gradual sapping and mining process she is sensible her opponents have brought to very great perfection. In her external organization she takes her stand upon the Law and Custom of England ; as to her internal welfare she commits it devoutly to Him whom, when she rejected the Roman de- ceiver, she replaced upon the throne of His rightful empire, the hearts, the consciences, and the con- gregations of the faithful. We affirm, therefore, that the same legitimate authority, which in times past, interfered to check the Papal ambition, interposed at the Reformation, by the same right and upon the same principles of 86 law, to put an end to it, and to liberate the national Church from the illegal dominations of a chief, who had broken every condition and set at nought every duty of a Christian pastor. The persevering" efforts of the Roman advocates to sustain their proposition that our separation from the so-called " Centre of Unity" has unchurched us required these observations. Our only answer must be, that we have decided that the Bishop of Rome is not in any sense a centre of Unity though he may, perhaps, with a better grace maintain his place as the centre of uniformity. But when we have said that uniformity is not unity, we have said all that is requisite. We know that our scheme is at least as favourable to the ( unity of the spirit in the bond of peace' as that of Rome. We believe and hold that our spiritual identity is far more perfectly sustained than that of Rome ; nay, wq maintain that it was restored and confirmed by that very act to which our adversaries ascribe our fall from Church member- ship. In every respect, therefore, of unity, stability, and identity, the body corporate of the Church of England claims to be one and the same after its re- storation to the liberty of the Gospel, as it was when it lay grovelling at the feet of the Bishop of Rome. Her spiritual sameness is, we say, as little liable to doubt as her legal identity. As to the former, we believe she would remain the same were she to- morrow to be separated from State connexion ; for we hold that the essential qualities of a Christian Church, do not consist in its outward form, but in its inward and spiritual graces. Bishops, priests, 87 and deacons, \ve think, have come down to us recom- mended by Apostolical example and authority, as well as by the practice of the Church, in all ages prior to the Reformation, and we hold fast by them as the most approved means for effecting- all the essential ends of Christian association. But instead of denying- to other associations, who do not adopt those forms, the character of true Christian churches, we simply predicate of them that they are not members of that specific body, which under the name of the Church of England, has maintained an identity of national existence from the first intro- duction of Christianity into these islands. We may lament this secession once we persecuted its ad- vocates, an act we lament far more deeply, for it was a leaf taken out of our adversary's book but acknowledging* humbly that as no human being is infallible so there can be no infallible aggregate, we have renounced on behalf of our Church, all preten- sion to be the sole judge and arbiters of catholicity ; and have cordially committed the differences be- tween ourselves and our dissenting brother Pro- testants, to the arbitrament of Him, who, without dispute among us all, is the Supreme Head of the Christian Church on earth and in heaven. . 9. The State of the Law. Having brought the sketch of the struggle be- tween canonism and prerogative down to the period of the Reformation, and taken my stand upon the law of the land as the test of legality in the contro- 88 versy now on foot, I proceed to examine the late bull of Pope Pius IX. for the establishment of a canonical Roman Catholic hierarchy in England. The first inquiry which suggests itself is whether the law of England, relative to the introduction of Papal bulls into this country, has been altered since the Reformation. The reverse seems to be the case. For by the 13th Elizabeth, c. 2, entitled, "An Act ag-ainst the bringing in and putting* in execution of bulls, writings, or instruments, and other supersti- tious thing's from the See of Rome/' it is enacted that e{ if any person shall obtain from the Bishop of Rome any manner of bull, writing, or instrument written or printed containing any thing, matter, or cause whatsoever ; or shall publish or by any means put in use any such bull, writing, or instrument ; he, his procurers, abettors, and counsellors, to the fact of the committing of #he said offence, being- attainted according to the course of the laws of this realm, shall be adjudged guilty of high treason. And all aiders, comforters, or maintainers of any of the said offenders, after the committing of the said offence, to the intent to set forth, uphold, or allow the execution of the said usurped power, shall incur a preemunire." The difference between this statute and the 16 Rich. II. is that in the latter case the penalty is different, the crime being that of a simple mis- demeanor with the heaviest punishment known to the law ; the 13 Eliz. on the other hand declaring the act to be in the principals, high treason, 89 and in the accessories after the fact a misdemeanor* of the same nature as that created by the statute of pnemunire.* Therefore before the introduction of Mr. Watson's Act (9 and 10 Viet. c. 59) passed in the year 1846, only four years ago, the act of Dr. Wiseman and his confederates would have amounted to high treason, and every one of the bishops and others who have published and made known the Bull "Universalis Ecclesise," would have incurred the penalties of a praemunire. But by the latter Act the several statutes therein men- tioned, twenty-eight in number, and passed between the years 1270 and 1793, mostly for restraining Papal aggressions, are repealed ; amongst the rest, the 13 Eliz. c. 2, "but so far only as the same imposes the penalties or punishments therein men- tioned; and it is thereby declared that nothing in that enactment contained shall authorise or render it lawful for any person or persons to import, bring in, or put in execution within the realm any such bulls, writings, or instruments, and that in all respects, save as to the said penalties or punishments the law shall continue the same as if this enactment had not been made." Again we notice in this place a clause in the stat. 10 Geo. IV. c. 7, sect. 24, commonly called the Roman Catholic Emancipation Act, the words of which run as follows : " And whereas the Protes- tant Episcopal Church of England and Ireland, and likewise the Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof * See p. 64. 90 are by the respective Acts of Union of England and Scotland, and of Great Britain and Ireland, established permanently and inviolably ; and whereas the right and title of Archbishops of their respective provinces, of Bishops of their sees, and Deans of their deaneries, as well in England as in Ireland, have been settled and established by law ; be it therefore enacted, that if any person after the commencement of this act, other than the person thereunto authorized by law, shall assume or use the name, style, or title of Archbishop of any province, Bishop of any bishopric, or Dean of any deanery in England or Ireland, he shall for every such offence forfeit and pay the sum of one hundred pounds." The same statute (10 Geo. IV. c. 7) substitutes for the legal oath of supremacy a declaration to be made by all persons professing to be Roman Catholics, which relieves them from the necessity of taking the usual oath. By the substituted oath the Roman Catholic declares that it is no part of his faith, and therefore that he renounces, rejects, and abjures the opinion not, however, as "impious" and " heretical" that princes excommunicated or deprived by the Pope may be deposed or murdered by their subjects, or by any other whatsoever. He declares, moreover, that he does " not believe that the Pope of Rome, or any other foreign prince, prelate, person, state or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, in this realm." 91 Now this is, to say the least of it, a very dis- graceful state of the law. The only excuse I can imagine for it is the total ignorance of the true character of the Papal scheme under which our legislators went to their work. If they had taken any pains to inform themselves, they would have seen at a glance that the substituted oath is no security at all they would have perceived that a sincere adherent of Eome can only take it by dis- pensation or by connivance, and that it is binding only "till further orders" from head-quarters. This, I think, will clearly appear in the sequel. But the great grievance we have to complain of is the 9th and 10th Victoria, because that statute is not imputable to ignorance. Its errors are wilful in all respects. It overthrew at a blow almost all the protections thrown around the con- stitution of the Church of England by the common law of the land, while it affected to leave that law as it stood. I believe that it was the intention of the father of this Bill to repeal the 13th Elizabeth as remorselessly as he swept away the other twenty- seven acts therein specified. Had he succeeded, he would have preserved the consistency of the mea- sure, and would not have left the law against bringing in and putting in execution Papal bulls in this country a helpless rump, with a voice to denounce, but without an arm to execute its sen- tence. No doubt it is still illegal to bring in Bulls from Rome ; but who would prosecute under the statute as it now stands ? This was rank hypocrisy or fraud. " Take your clause," said the advocates 92 of the Bill to their opponents, " hut we will take care to make it of little use to you ; we will repeal the penalties we will introduce an ambiguity that shall puzzle the sharpest lawyer to unravel." And they carried out the threat. Is it, or is it not, still high treason to act as principal, or as accessory before the fact, in bringing- Papal Bulls into Eng- land ? Is the penalty of high treason, though not named in the 13th Elizabeth, repealed together with the penalties therein named and expressed ? What lawyer would, in the teeth of these difficulties, advise a prosecution under this act? That an indictment of some kind might be maintained, there can be little doubt, but under disadvantages that no private person would encounter, and which unques- tionably the Government which patronized the 9th and 10th Viet, will themselves allege as an excuse for not putting the law i$i force. Let it be remembered, that unless there be an effective power provided to prevent the introduction of Bulls and other writings mandatory of the Bishop of Home, all the zeal displayed against the late measure of the Pope will only serve to cast ineffable disgrace and ridicule upon the nation. Our protests and petitions will, in the eye of every reasonable being, dwindle into a mere noisy expres- sion of Protestant vexation at being outwitted by the Papists. After ignorantly disarming ourselves, to complain of being attacked, is indeed puerile and absurd. If the 13th Elizabeth be not re-enacted, or some equivalent measure introduced for preventing* the nuisance and the danger our wiser ancestors 93 foresaw and provided against, the defeat of the great Protestant communities of Great Britain will be irretrievable, and their disgrace complete. We have taken up a position from which to retreat with credit is impossible. Our consolation under these difficulties of our own creating- is twofold : we are conscious of our danger ; and the legal principle, however denuded of its proper guarantees, is pre- served to us. It is still a misdemeanor to bring* in, publish, or execute Papal Bulls in England. If our late protests are to go for anything, it is our plain duty to defend this position to the uttermost, and to strengthen it by such provisions and penalties as shall effectually repel and avenge the insult we have endured, and prevent any recur- rence of a like attack for the future. There is no middle path between this course and the disgrace and ruin of the Protestant cause, the ultimate loss of our religious liberties, and serious danger to our civil rights. That the Papal system involves a powerful scheme of temporal dominion under the disguise of a purely religious polity, and so cunningly contrived and managed as to present either aspect at the will and convenience of the movers, has already to some extent appeared in the analysis of our bygone con- tests with Rome which I have ventured to lay before you. The struggle lay, as we have seen, between the constitutional powers of the Crown and the efforts of the Popes to establish territorial, administrative, civil, criminal, arid financial jurisdiction in this country. This observation should, one would think, 94 give us pause before we abandon the narrow defensible ground to which, by our imprudence, we have confined ourselves. But the few glimpses of the internal character of the Papal scheme, which in examining- the contents of the late Bull, and the defences set up for it, I shall have occasion to pre- sent, will, I think, dissipate all doubt as to the invariable and unvarying 1 drift and tendency of that scheme, and, I trust, convince you that Rome can offer you no security for your civil and religious liberties, which as rational being's you would be justified in accepting 1 . . 10. The Bull I have before me a little pamphlet, price three- halfpence, entitled " Letters Apostolical of our most Holy Father, Pope Pius IX, establishing* the Epis- copal Hierarchy in England." Underneath this title are the words, " Pius P. P, IX ;" and under these ag-ain, the words " For a perpetual remem- brance of the thing*" with remarks on the above by the Rt. Rev. Dr. Ullathorne. To the Latin original, of which this is an authentic translation, there is appended a Bulla or pendant seal impressed with the " Fisherman's ring 1 ," the most solemn mode of authentication known to the Court of Rome. The translation is in a form, and is published at a price, shewing 1 clearly that it is intended for the most g-eneral circulation ; and it is set forth under the warranty of a Romish bishop, with a view to dissipate all doubt as to its authenticity, and to 95 bring 1 its contents to the knowledge of all Her Majesty's subjects. It appears to be an instrument containing 1 " Let- ters Apostolical/' issued from the (C plenitude of the Apostolic power/' and in virtue of that power orders and directs that the "kingdom of England" be divided into certain ecclesiastical districts, to be presided over by an archbishop, whose see, it says, shall be in the city of Westminster, and twelve suffragan bishops, whose sees shall be respectively the towns f or cities' therein specified, none of which are in point of fact as yet occupied by bishops of the Established Church. The first thing that strikes us in reading this document, is the unaccountable ignorance of the framer, that such a religious establishment as the Church of England, of which our Queen is, under God, the supreme governor, hath any existence. He is equally ignorant of a Church of Scotland, or of any other Christian association within these realms. But his ignorance is still more profound than all this. He does not know that there is no longer any such region as the ' kingdom of Eng- land / it has clean slipped his memory that about a century and a half ago, that kingdom by an act of the British legislature ceased to exist, and merged in the united kingdom of Great Britain and Ireland. It is to be noted that equally little notice is taken of Queen, Parliament, or people, excepting of those called Catholics, who for ought that appears in the Bull, are the only known inhabitants of the said kingdom. 96 Recollecting, however, that there was a time when the Bishop of Rome claimed what was then the 'kingdom of England' as a fief or feudal dependency of his see a time when he held the crown of England in his hand, levying tribute, disposing of ecclesiasti- cal revenues and preferments, and controlling the government by orders emanating from himself; remembering, moreover, that this claim still stands recorded in the archives of his pontificate, and that it is still in full force and effect, and in no wise cancelled, renounced, or annulled; and taking further into account, the sacred and unalterable principle of the Papacy, that what has once been annexed to the patrimony of St. Peter can by no earthly power be severed from it ; and furthermore, recollecting that at the Reformation, and since that time, all these claims and powers have been utterly abolished and annulled by the legislature of this country, and all communication with the Court of Rome forbidden under the severest penalties the whole mystery vanishes of itself. That the court of Rome could be, de facto, ignorant of this great historical fact, no man believes. It must, therefore, be taken for granted, that the omission of all allusion to Church, Queen and government of England was intentional. And when it is considered that the sovereigns of this country, as heads of an heretical state, are, ipso facto, excom- municate, we perceive a good reason for the omission. The recognition of a Queen and government of Great Britain, as subsisting powers, might, upon canon- ical reasoning, operate to weaken, or to raise a 07 presumption against the temporal supremacy of the Pope over England, as part and parcel of the Petrine patrimony. The Pope, therefore, has no official knowledge of any other national designation than that of the " Kingdom of England/' and ac- cordingly professes absolute ignorance of everything that has been done either there or in any part of the British dominions since the first year of Elizabeth, at which time, now about three centuries ago, his power was legally abrogated, and his agents expelled the country. Since then there has been in the con- templation of Rome no Church, no Queen, no Par- liament in that part of the empire called England. None of these things could be noticed in the late Bull without injury to claims to which the see of Rome is bound by chains of adamant, and must reduce into possession whenever the power so to do shall be forthcoming. We are, therefore, at full liberty to discern in this designed misnomer, and in these significant omissions, a precaution to avoid any incidental acknowledgment of a style and title annulled by the predecessors of Pius IX. The u glorious king- dom of England" therefore, stands as the only region officially known to him, because 800 years ago, there was no other ; and because there could be no other without his consent as Lord paramount of that realm. Those who are acquainted with the character of ultramontane Popery, upon which of late years, perhaps, more than at any former period the Court of Rome and its adherents in this and other coun- O 98 tries, have flung- themselves back, will reject the plea so frequently urged, that the Pope can have no hope of sustaining* demands so obsolete and so out of all apparent probability as these. They know the astonishing- effects produced the enduring- vitality imparted to every system of government, more especially to one into which the religious ele- ment so larg-ely enters, by incessant, unvarying-, per- severing- claim. These persons plainly perceive that Pius IX. will not know us will not recognize us, or any one of our national institutions even by a passing- word, because we are heretics and rebels, our Queen a pretender, our Church a pandemonium. Whether that elation of spirits which the apparent increase of the Roman communion in England eng-endered encourag-ed the Pope to hazard this extraordinary step, at a juncture when his own government is alone upheld by foreign bayonets, we can only conjecture ; at all events the document before us exhibits no symptom of condescension to the great British nation, its feeling's, or even its prejudices, which could weig-h a grain against the most anti- quated and obsolete of the Papal pretensions. What- ever the result of the experiment, not a word has escaped the pontifical pen which could be construed to the detriment of the most extravagant of these claims. As a nation, a government, a people, a church, we are a nullity, and known only to the Court of Rome by the appellation we bore as part and parcel of the Roman state. Our suspicions are confirmed by the mode of publication adopted. We observe that these so- 99 called " Letters Apostolical" are addressed to no one in particular. They are " ad perpetuam rei memo- riarn" as universal in their address as that " Ple- nitude of Apostolical authority" from which they are supposed to emanate. Such documents when intended to have a special operation are always directed to the persons whom it may concern, and not, like this document, (C ad perpetuam rei memo- riam," or ee ad universum." The form adopted, therefore, plainly shews that it was not, as is now pretended by the Roman Catholic advocates, de- signed solely for the government of the Pope's com- munion in this country. For if it had really been so intended, what more would have been requisite than a simple rescript, in the shape of a Bull, if you please, addressed to the Roman Catholic vicars in this country, emancipating" them from the direct control of Rome, and placing 1 them upon the footing of a canonical hierarchy. Such a mode of accom- plishing the ostensible object thus put forward, must have amply satisfied the Romish clergy and laity of this country, if nothing more had been thought of than the better government of the Pope's spiritual subjects. It is manifest, therefore, upon the face of this instrument, that such special operation was neither the only nor the principal object of the Bull. The Bull, moreover, directs that printed copies, properly authenticated, shall be taken as evidence of the pontifical will therein expressed. In confor- mity with this hint the Bull has been printed, translated and dispersed in the cheapest possible G 2 100 form. Thus, it has been officially brought under the notice of the Crown, the Government, the Church, and the whole Protestant people of Eng- land ; and by it they are authentically informed that a foreign prince has divided out their country among certain officers, named by himself, and governing in his name. Where, we may ask, was the necessity for all this, if nothing more had been intended than the spiritual welfare of a particular community? Why address it to all, when a few only were to be affected by it? We have, therefore, a clear right to set down the plea just adverted to as a false pretence; and to adopt the conclusion, that in thus over-stepping the limits prescribed by the specific purpose alleged, the Court of Eome has manifested an ulterior de- sign, which, though not expressed in words, may be very clearly collected from the conduct of the whole business. We have no doubt^that the Pope ima- gined that the time had arrived for setting up a standard in England, around which the real or imagi- nary host of converts and half-converts might rally, and for extorting from the ignorance or the supineness of the nation such pregnant admissions of papal supremacy as might shut the mouths of the Protes- tant Church and Government, and prove a material step in the gradual transition from toleration to ascendancy. We may, I think, safely defy any rational man to believe that the habitual caution of the Papal Court, would have incurred the terrible risk it has incurred, if it had no other object in view than to 101 impart to its own communion in this country, the blessing- of an ordinary hierarchy, We believe therefore the truth to be, that Rome, with full knowledge of the strong- Protestant feeling-, and deep, yet somewhat versatile religious disposition of the people of this country generally, thoug-ht herself strong- enoug-h at this juncture to brave the popular indignation, and by the substitution of a regularly constituted hierarchy for the feebler sys- tem of missionary bishops, aided by gradual acquiescence and superinduced habit, by soothing- assurances, suppression of the most offensive, and ostentatious production of the most attractive forms and tenets of Romanism, to establish a strong- foundation for the restoration of that unbounded influence she once enjoyed in these realms. In the next place we observe that the new Papal measure is described in the bull as a " Re-edification of the Church of England/' after her overthrow by a " great calamity." The event so described is the Reformation of the 16th century, and the expression amounts to a direct intimation that since that event, there has been no Church of England, but only a missionary establishment as there might be among Chinese, Hindus, Mohammedans, or South Sea Island savages. This great calamity, it is said, furnished special reasons for adopting the vicarial or missionary form of Church government ; and these special reasons were, that heretofore the heathen people of these islands were so much more numerous and powerful than the Christians, that a regular hierarchy was not required, but only 102 missionaries with episcopal powers, to keep together the few that were found faithful, and if possible, gain over others to their ranks. Now however, says the Pope, this " great calamity has passed away." But how passed away ? One would sup- pose, by the conversion of England to Romanism. Yet neither Pius IX. nor his adviser Wiseman, is bold enough to assert such an absurdity in plain terms. In looking out of the bull itself, to the explanations of its official interpreters, we find that this " passing away" of the Great Calamity (the Reformation), amounts to this : that by our folly, our ignorance, and our puerile confidence in promises and professions we ought never to have trusted ; we have disabled ourselves from offering effectual legal resistance to the insatiate claims our ancestors repudiated, and our Government struggled against, for centuries prior to the Reformation. But to this subject we shall have to recur here- after. It is sufficient for tKe present to observe that the reasoning of the Papists is throughout inferential ; we have repealed, because we have not enforced ; we have abandoned, because we have not insisted ; we have given up much, therefore we have surrendered all. We will inquire how this matter stands when we come to deal with Mr. Bowyer. The authority by which the re-edification of the Church of England there being as yet[no Church of England was to be effected, is thus indicated : "The whole matter, viz. the re-edification in ques- tion, therefore having been carefully consulted upon, we, of our own motion, on certain knowledge, and of 103 the plenitude of the Apostolical power, constitute and decree, that in the kingdom of England, according to the common rules of the church, there be restored the hierarchy of ordinary bishops, who shall be named from Sees which rve constitute in these our letters, in the several districts of the Apostolic vicariates." Then follow the territorial divisions in genuine legislative form. Upon this clause I think it only necessary to observe that it bears upon its face every character of a public legislative act, proceeding from a com- petently constituted legislative power, to be taken notice of by all, without exception of Romanist or Protestant. It is the most public and notorious act of Pontifical supremacy that could be devised ; and this constitutes the essential difference between this bull and any instrument or instruction for the internal organization of particular religious asso- ciations. The Methodists, for instance, have divided out the country into districts for the convenience of their preachers. This they probably did by letters of instruction under the direction of the President of the Conference, and addressed by him to those whom it might concern ; but he did not issue a bull, nor did he address his letters of instruction or con- struction to the people at large as if they were as much interested in it, and as much bound by it as his own preachers. In addition to this the Presi- dent of the Conference is not a foreigner j he pretends to no Apostolical authority, does nothing of his " own mere motion," or " on his own certain knowledge," but he acts by the advice of others, 104 every one of whom is amenable to the law of the land for his public conduct. The President does not take it for granted that Methodism is the religion of the country he is not entirely ignorant that there is a Church of England by law estab- lished 5 he acknowledges the power of Parliament to divide, combine, and reconstitute the territories of the empire; he knows of no "kingdom of England/' neither does he directly or implicitly deny the right of the legislature to eliminate that kingdom, and to reconstitute it in conjunction with other, dependencies of the British crown under the name of the " United Empire of Great Britain and Ireland." If this instrument be indeed, as we are called upon to believe it is, no more than a bylaw of the great religious association of the Roman Catholic subjects of her Majesty, it is certainly set forth in a form as little resembling such an instrument as can well be conceived. A bylaw is a regulation issuing from a body whose original powers to make such regulations is derived from the law of the land. The authority upon which this bull appears among us is that of a law and a lawgiver resident out of the land, irresponsible to and incontrollable by the law of the land. It comes in all the state and pomp of an original enactment proceeding from a legislator superior to all earthly jurisdiction or dominion. The more forbearing among us Protestants may smile internally at the affected humility with which the Roman Catholic advocates would abase them- selves and their communion to the level of a simple 105 dissenting- sect, and soothe or overreach us by presenting* this imperial decree of their Pontiff as no more than a simple bylaw, a mere regulation for the internal spiritual government of their own body. Those among- us whose patience is not proof against so severe a trial will exclaim, " Out upon such hypocrisy !" The student of Papal history, or any one at all familiar with the habitual vices of the ultramontane canonists will perceive a peculiar danger in this attempt to tamper with the established territorial divisions of this country, whether ecclesiastical or secular. The Roman casuists are never very nice in distinguishing- the powers of spiritual from those of temporal jurisdiction. In fact the former, in their view, always draws after it the latter as a necessary consequence ; and wherever they succeed in establishing the spiritual authority of their Pon- tiff, they always presume that his temporal power to enforce it is accurately commensurate with its extent and requirements. Thus when they talk of an act of a purely spiritual nature, it is always with a mental reservation of all the physical and temporal powers requisite to carry it into effect. If it should happen that the necessary force is not immediately at hand, that circumstance makes no difference in their language, no change in their conception of the thing to be done. From the age of Gregory VII. downwards it has ever been their custom, in like cases, to treat the princes and monarchs of Europe as the ministers and servants of the Pontiff, for the execution of his spiritual behests, without betraying 106 the smallest apparent consciousness, that in so doing* they were in fact accroaching- to themselves the entire temporal power of the State. Now there can be no doubt that a public act dividing- out a country in which there is a subsisting- government, by metes and bounds topographically defined, is an act of a strictly temporal and political character : and if we admit it on the plea that it is requisite to carry out the spiritual or religious measure of the Pope, the canonists will return us their best thanks, and in the mode in which their thanks are usually expressed, namely, by converting- our simplicity to their advantag-e, and spinning- it into a cord to bind us to the stake. It is said in seriousness of spirit if we once ad- mit the exercise of the " plenitude of the Apostolical power" in any sense, or allow the Pope to " consti- tute and decree" in any form of words within these king-doms, we shall be told that we did so with the full knowledg-e of the prerogative under which such jurisdiction was claimed and exercised, and have thereby precluded ourselves from g-ainsaying- it in future. "If," they will say, "you look into the bull ' universalis Ecclesiae/ by which it was intro- duced, you must have seen that England is there treated as a spiritual dependency of the Holy See. His Holiness therein condescends to pass over every thing- that has happened among-st you for these three centuries back, and now condescends to treat you as what you were before your rebellion a Chris- tian kingdom. Hitherto, it is true, you were heretics and outcasts; the path is, however, now 107 open before you, and you have frankly acknowledged the boon by accepting- it. If at any time hereafter you should hesitate, you cannot murmur should the Pope deem it requisite to resort to some other branch of prerogative essentially included in the supremacy you have admitted to compel you to come in." In truth there is some reason for asserting that what men do with a full knowledge of the principle upon which they are acting, is generally binding upon them in like cases for the future. Consequently the Papists tell us, that when we emancipated our Roman Catholic fellow-subjects, we well knew that they acknowledged no spiritual supremacy, but that of the Pope; and that, with that knowledge on our minds, we in their favour dispensed with the oath which asserts the spiritual supremacy of the Queen, thereby permitting them to acknowledge that of the Pope. I conceive that no such per- mission was implied. But admitting for the moment that it was, they would not, if they had stopped there, have gone very far wrong. But they went a step further, and affirmed that by that enactment we introduced the Pope's supremacy into this country, as a power or prerogative known to the law of the land. A little want of caution on this point will drive us into the dilemma of either recognizing a spiritual supremacy, in its nature ambiguous and indefinite, and therefore abhorrent from the law and constitution of this country, or of reimposing the oath which stood between our Roman Catholic fellow-subjects, and the enjoyment of their civil rights. But of this more in the sequel. The matter is 108 only mentioned here, to point out the position hi which we stand , as to this alleged " plenitude of Apostolical power/' and the pretensions by virtue of that power, to " constitute and decree" things in their nature secular and territorial, and thus to trespass upon the department of temporal govern- ment under cover of a simply spiritual operation. The Bull further decrees that the new hierarchy thus constituted, is to be governed according to the " common ordinance of the sacred canons, and Apostolical constitutions of the Roman Catholic Church -" by which clause the said canons and Apos- tolical constitutions are made the rules by which the hierarchs of the re-edified Church are henceforward to be directed in their management of the " Church of England" and of all baptized persons, whether Protestants, heretics or infidels, within these realms. We are therefore entitled before we take this new establishment to our bosoms, to inquire what these canons, &c. really are, and to resort to the accredited sources of Roman Canon Law for that purpose. We should premise that in the sense of the Roman Church, there is no real difference between "Canons" and "Apostolical constitutions." After the process which the ancient canons of the Christian Church have gone through in her hands, there remains little of genuine Canon Law that is not of her own making. It is not possible, without swelling this pamphlet to the size of a volume, to go through the process requisite to substantiate this proposition. If needful, however, they are at hand, and may be readily produced. The main features of these canons and constitu- 109 tions is, their utter intolerance in religion, and their inconsistency with civil independence and personal liberty in politics. I shall consider these two articles of charge chronologically, and without affecting to separate them from each other. It would be possible to produce many Apostolical constitutions anterior to the reign of Gregory VII. (A. D. 1073 to 1086) of a persecuting character. But from that period to the pontificate of Boniface VIII. (A. D. 1294) they multiplied to a bulk which would fill an ordinary volume. In the year 1179, Pope Alexander III. pronounced a solemn curse against the Albigensian Protestants in Provence and Languedoc, the most prosperous, learned, and religious region in Europe.* The fourth General Council of the Lateran (A. D. 1215), held by Inno- cent III., after a sweeping condemnation of all heretics, proceeds thus : " And being so condemned, let them be handed over to the secular power to be duly punished ; and let the said powers, whatsoever office they may hold, be compelled, if need be, by ecclesiastical censures (excommunications and inter- dicts), to promise upon oath, all such heretics so pointed out to them by the church, in good faith and to the utmost of their power to expel, and utterly to exterminate from the lands subject to their jurisdiction/'^ This execrable statute stands to this day unre- * Corp. Jur. Canon. Decret. Greg. IX. Lib. v. tit. vii. c . 7- Richter's ed. p. 751. t Corp. Jur. Canon, ubi sup. Lib. v. tit. vii. c. 13. ibid. p. 758. 110 pealed, as one of those " sacred canons/ 7 and " apos- tolical constitutions/ 7 by which the new Eoman Catholic hierarchy of England is to be governed. Credible history,, not impugned by the advocates of the Roman Church, attests that between the years 1209 and 1215, at least a million of Protes- tant Christians were massacred in obedience to this precept. It remained in active operation under papal patronag-e down to the close of the seventeenth century. Within thirty years of the institution of the order of the Jesuits, no fewer than 900,000 Christians became the victims of this bloody ordi- nance. The Duke of Alva boasted that he had, during his government of the Netherlands, delivered 36,000 Protestants to the hands of the common hangman. Within thirty years of its institution, the Inquisition, first established by Innocent III., the author of the statute in question, destroyed 150,000 victims ; and in the year 1572 the Bishop of Rome offered up public thanksgiving to the God of all Mercy, for the cowardly assassination of 100,000 French Protestants, on St. Bartholomew's and the two following days, a crime, be it noted, committed in strict conformity with the ee sacred canon " and (( apostolical constitution " just ad- verted to. This canon was confirmed and re-enacted in several successive Councils down to the year 1514.* The Council of Trent, which was held between the years * In the Council of Constance, held between the years 1414 and 1418; by those of Sienna and Basle in 1423; and by the 5th General Council of the Lateran in 1514. Ill 1545 and 1563, republished the antecedent decrees, whereby all heretics who have received the rite of baptism, whether from orthodox or heretical admi- nistration, are brought under the control of the Roman Church. The canon runs thus : (( If any one shall say that any baptised infant is permitted, when arrived at maturity, to choose whether he will abide by his baptismal vow made for him by his sponsors, and that he cannot be compelled by pu- nishment to lead a Christian life, except by the use of the sacraments, until he repent, let him be ac- cursed."* And if an excommunicated person shall for one whole year remain obdurate under ecclesias- tical censures, he is to be proceeded against as a person charged with heresy .f The canonical precept of persecution is admitted and taught down to this day by the Roman canon- ists wherever they can obtain a chair or hearers. Thomas of Aquinse, in the thirteenth, and the Jesuit Robert Bellarmine in the sixteenth century, and many other doctors of the Roman Church, of scarcely inferior renown, laboured to establish it upon grounds of reason and experience.^ Since the death of Bellarmine the ablest as well as the * Cone. Trident. Canones et Decreta, Sess. vii. De Baptism. Canon 4, Le Plat, p. 65. See also Can. 14, ibid. p. 67. f " Tanquam de hseresi suspectus." Ibid. De Reform. Sess. xxv. c. 4 ; Le Plat, p. 303. J S. Thorn. Aquin. Summa Summarum, Lib. ii. c. 10, 11, 42, et Lib. iii. 48. Bellarm. De Laicis, Lib. iii. 21, 22. 112 most accredited of the official expositors of the S sacred canons/' and " Apostolical constitutions" of his church^ no change has occurred in this or any other respect in the opinion and practice of the Eoman Church where she has the power.* To this day the same doctrine is tang-lit in the Irish college of Maynooth from the work of Peter Dens, there adopted as a text-book of theological instruc- tion. Dens, upon the authority of Aquinas, affirms it to be lawful to put heretics to death. " Inas- much/' says he, " as forgers of money and other disturbers of the State are justly punished with death, therefore also heretics jwho are forgers ojblie.-iaith , . . this is confirmed by the command of God under the old law that false prophets be slain . . . the same is proved by the condemnation of John Huss by the Council of Constance."f But in reply to the allegation of lay Papists that these detestable principles are no longer professed or held by their Church, and that to repeat them answers no purpose but to render them odious to their fellow-subjects, it is to be observed that not only do these precepts still remain unrepealed upon the statute-book of Rome, and are there enrolled among the ce sacred canons" and " Apostolical constitutions" by which the soi-disant " Church of England" is to be governed under its new hierarchs, but that as * Bellarmine died in the year 1621. t Dens Theology, vol. ii. p. 88, 89. See to the same effect Delahogue's Treatise on the Church; likewise a class book at Maynooth. Devoti on the " Canon Law/' vol. iv. sect. 1 . 113 late as the year 1832 Pope Gregory XVL, in his Encyclical letter, admonishes us Protestants, and the Christian world in general, to bear in mind that nothing- that has been once regularly defined ought to be retrenched, changed, or added to, but that all should be preserved entire and incorrupt both in sense and expression.* We have it, therefore, upon the testimony of the Eoman Church herself that the duty of persecuting heretics to death is part and parcel of that body of canons and constitutions by which the new hierarchy are to be directed and governed in their management of the re-edified Church of England ; and we Pro- testants are moreover officially informed that by our baptism we are drawn within the wide circle of capital responsibility to the Church so re-edified, if, after preliminary censure, we shall continue for a year and a day to adhere to our old errors. It is almost needless to observe that these re- marks on the actual state of the Roman canon law, are not intended to raise any apprehension that the most unlimited acquiescence in the recent measure * And compare with this the proceedings of Pope Pius VI. against the excellent Bishop of Pistoia, Scipio Kicci, for affirming, among other heretical opinions, that the Church hath no power beyond the limits of doctrine and morals, nor to exact obedience to her decrees by any other means than persuasion. This is declared in the sentence upon the Bishop to be at variance with the decree of Pope Benedict XIV. in his Brief "Ad Assiduas," A. D. 1755, Corp. Jur. Canon. Bichter, vol. ii. p. 148 of the Appendix to the Council of Trent. H 114 of Pope Pius IX. would rekindle the fires of Smithfield. We all know that any attempt to drive us into the fold of Popery, by 'active persecu- tion, would be followed by the instant expulsion of the entire Roman drove from this country. But we know the nature of the Demon Persecution; that his name is ( Legion/ and that his forms are as various as those of the fabled Proteus. The deri of Jesuitism is among* the favourite haunts of o this malignant spirit 5 he lurks in every corner of the unexplored labyrinth of the canon law of Rome y and when, presuming- upon our ignorance and simplicity, that prodigious storehouse of chains and racks and fetters is thrown open for our in- spection, we have a good right to take a survey of its contents, and to form a judgment of the temper and disposition of the proprietors and inventors. Surely after the glimpse we have had of what under conceivable circumstances may be our fate, we are entitled to say to them, before we yield them our confidence : Cf First clear out these unseemly imple- ments ; cart them off to their own place that place to which your champion Bellarmine desired to consign us heretics,* put it out of your own * "If," says the Cardinal, "you threaten them (the heretics) they neither fear God nor regard man, knowing that there will not be wanting fools who believe them, and by whom they will be maintained if you put them in prison or banish them; they corrupt their neighbours with words, and those at a distance with books. There- fore the only remedy is to send them speedily to their own j '* place. 115 power to apply these detestable maxims to us or our posterity ; repeal laws written in the blood of our brethren in the faith all over the world ; repeal them by the same authority and with the same publicity, as that with which they were promul- gated. When this is done we withdraw our oppo- sition, and lay open to you the whole field of proselytism. Make as many converts as you can, provided you set about it as your own excellent Bishop Bicci proposed : by the sword of the Spirit ; by g-entleness and persuasion ; by learning- and diligence in your vocation ; and by the example of a holy and religious life. But as long- as the stake, and the rack, and the thumbscrew, are visible in the background of the landscape, however faint the outline, we will neither approach you nor suffer you to approach us. For we know that there are more ways of torturing- the consciences than the bodies of men, and that the spirit and the temper, tha,t dictates both the one and the other, are the offspring- of the same parent. When you ask us not merely to tolerate you, but to give you every chance and opportunity of ascendancy, it is no unreasonable demand that you should give us some solid security for reciprocal toleration. Neither is it any answer to our counter-claim, to alleg-e that you have put it out of your own power to grant it that your church is infallible, its maxims recorded beyond human chang-e, its decrees fixed as fate that they are as the writing- upon the tables of stone, which Moses brought down from Mount Sinai stead fast as the rock of ag-es upon which they are based H 2 116 we admit that the chasm between us is a great gulf, greater far than appears upon this secular view of our relative positions. Be it so. We have advanced to the very edge of the precipice in the vain attempt to g*rasp the hand of fellowship across it. Another step, we feel, would plunge us into that annihilation to which the recent Bull of your Pontiff has by anticipation consigned us." Again : we learn from the same testimony that it is part and parcel of the { sacred canons' and ' Apostolical constitutions 7 of the Roman Church, that no true son of that Church is bound by any oath, promise, or engagement, that is or may be prejudicial to its interests and that faith is not to be kept with heretics. During 1 the ruthless persecution of the Alhignnses in the 13th century by Pope Innocent III. and his successors, that pontiff excommunicated Count Raymond of Thoulouse for his criminal reluctance to shed the blood of the most learned, industrious, and virtuous body of men within his dominions. The motive and the rule upon which the anathema was grounded is thus given : " Inasmuch as following the canonical sanctions of the holy fathers (sacred canons and Apostolical constitutions) we are not justified in keeping faith with those who keep not faith towards God, or are separated from the communion of the faithful, we discharge by Apos- tolical authority all those who believe themselves bound to the said Count by any oath of allegiance or fidelity ; we permit every Catholic man to pursue liis person, and to occupy and detain his lands, 117 more especially with' a view to the extermination of heresy."* I do not quote the terms in which the Council of Constance justified the treacherous murder of John Huss in violation of the safe-conduct granted by the Emperor Sigismund, because, though uncon- tradicted, I do not find them upon the authentic roll of the church of Rome.t But in the year 1421, Pope Martin V. addressed (C Letters Apos- tolical" to the Duke of Lithuania exhorting- him to persecute heretics within his dominions; assuring him that if perchance he should have tied himself down by any promise or engagement to such wretches he would commit a mortal sin if he kept his faith with them, who were themselves violators of the holy faith of God.J In the year 1487, Pope Innocent VIII. issued " Letters Apostolical" for the extermination of the descendants of the remnant which had escaped the slaughter of the Albigenses in 1209 and the follow- ing years, and assigning the lands and property of the heretics to those who should do good service in * Sismondij Hist, de France, torn. vi. p. 270. Compare with this Pet. Vallium Sarnaii Monum. Hist. Albig. c. 8, ap. Dom. Bouquet, Hist, des Gaules, torn. xix. p. 23. f L' Enfant Hist, du Concil. de Constance, torn. ii. p. 491. J Quod si tu aliquo modo inductus, defensionem eorum suscipere promisisti, scito, te dare fidem haereticis viola- toribus fidei sanctse non potuisse; et idcirco peccare mortaliter, si servabis ; quia fideli ad infidelem non potest ulla communio. Cochlceus, lib. v. p. 212. 118 exterminating- them j declaring 1 at the same time all persons bound to them hy tenure, service, promise, or engagement of any kind, discharged from any and ev ery obligation theretofore or thereafter contracted. Then, after depriving- ecclesiastics, if any such there should be found among- them, of their dignities, offices and benefices, and the laity of their honours, titles, feoffs and privileges, the Papal commissioners under the Bull were directed further to absolve such as might wish to return to the bosom of the church, althoug-h they may have sworn to favour the heretics, provided that by taking- a contrary oath they give sufficient security for the breach of the first oath.* In the Decretals of Greg-ory IX. this maxim is thus expressed, " Be it known to those who are in any manner bound in obligation to persons who kave fallen into heresy, by whatever assurance or solem- nity such engagement may have been fortified, that they are absolutely absolved from all fidelity of homage, or observance towards such persons."f It is unquestionable that the Queen, the Legisla- ture, the Church, and the entire Protestant popula- tion of this empire, are in the predicament of these unfortunate " lapsi in hseresim." When the Pope shall please to declare any terms we may have en- tered into with our Roman Catholic fellow-subjects, to be so disadvantageous to the interests of his * Leger, Hist, des Egl. Vaudoises, vol. ii. c. 2. The original of this Bull is, it is said, in the University library at Cambridge. f Decret. Greg. IX. lib. v. : tit. vii. c. 16, ap. Richter, Corp. Jur. Can. torn. ii. p. 760. 119 Church as to require a change, there would be no canonical difficulty in the way. Not that we appre- hend any such public declaration at this moment, or at any assignable period hence ; but where a prin- ciple of such a nature is not merely entertained, but laid up in the sacred storehouse of religious precept, its secret influence upon the minds of its professors must undermine every sentiment of truth and good faith. It is not that they would not, but that they dare not bring it into practical operation. We must treat them as we would a man whom we know to have concealed about his person a deadly weapon, which, on being required so to do, he refuses to cast from him. What, we might ask, has he to do with such an instrument about him in a time of peace, if he does not intend to injure, or at least to intimidate us ? He may be too weak or too timid to use it with effect, and therefore we apprehend no imme- diate attack but we know that the fact by itself indicates a malignant mind; we therefore decline all intercourse with him, under the conviction that if he cannot wound us in one way he will in another. I submit, therefore, that until this precept of Pope Gregory IX. is repealed, we cannot safely permit the introduction of a hierarchy whom we can bind to no terms inconvenient to Borne, or the interests of their church. There are, however, some of these c sacred canons' and ' Apostolical constitutions' to which the Bull of Pope Pius IX. points our attention, more particu- larly claiming notice as proofs of that temporal and political tendency which never for a moment escapes 120 the eye of the attentive student of papal history. I allude to the bulls " Unam Sanetam," "Clericis Laicos," and " In Coena Domini." The first of these was an ancient statute of the Roman church repub- lished by Boniface VIII. in the year 1302.* " We are instructed/' says this document, " in Scripture, that this (the Roman) church hath in its power and disposal two swords, the sword spiritual and the sword temporal. For when the Apostles, addressing 1 the Lord said to him, f Here that is, in this church are two swords/ the Lord did not reply ' it is more than enough/ but simply, f it is enough.' Of a surety, therefore, he that denies that the temporal sword is entrusted to Peter, pays little heed to the words of the Lord, saying, (Matth. xxvi. 52,) ' Return thy sword into the scabbard.'f Both these swords, therefore, are at the disposal of the Church, the spiritual sword namely, and the material ; but the latter is to be wielded ? /0r the church, the former by the church ; the spiritual by the priesthood, the carnal by the hand of kings and warriors ; but at the beck and by the permission of the priesthood. J But it must needs be that srvord be subject unto * Extravagant. Commun. lib. i. tit. viii. c. 1, ap. Richter, Corp. Jur. Civ. vol. ii. p. 1139. Comp. Fleury Hist. Eccles. torn. xix. p. 34. f A marvellous exposition ! After this fashion there is indeed no knowing what may be made of Scripture. The concluding words of the verse are very prudently sup- pressed. J " llle sacerdotes, is (materialis gladius) manu regum et militum, sed ad nutum et patientiam sacerdotis." 121 sword, and that the temporal authority be subject to the spiritual power/' &c. The document goes on by the most grotesque exposition of Scripture, to inculcate the propositions that by as much as the spiritual power excels the temporal in dignity and excellence, by so much must the latter be sub- ordinate to the former ; that it is proved by the Word of God that the temporal powers are under the tutelage and judicial correction of the spiritual; that the spiritual is the natural judge of the temporal ; that the former, though placed in the hands of a man like ourselves, is really divine and not human ; that he who resists this power resists the ordinance of God ; and lastly, t hat every human creature must be subject to the Roman Pontiff. The Bull " Clericis Laicos," the production of the same pontiff, Boniface VIII., was issued some six years before the former. It recites the vexatious imposts, talliages, forced loans, &c. under which the clergy had greatly suffered in their purses ; and it goes on to enact that if any ecclesiastic, of what- ever rank, should dare to pay, or any " emperor, king, prince, duke, baron, officer, bailiff, or other layman, should dare to impose or levy any tax or impost of any kind upon the clergy of his empire^ kingdom, principality, &c. they, their aiders, abet- tors, and comforters should be ipso facto excommu- nicate." It threatens all nations (universitates), laymen as well as ecclesiastics, with the Interdict, if they pay or countenance the payment of any such tax or impost; and enjoins them, without scruple, to break any promise or engagement they may have come under to levy or to pay prior to the promulgation of that ordinance.* The king's of England and France, Edward I. and Philip le Bel, returned the only sensible answers to this pernicious and insolent attempt to exempt the larg'est masses of property in both kingdoms from their share of the national burthens. Edward I. sealed up the granaries of the clergy who refused to pay ; and Philip prohibited the export of bullion, money, gold or silver, plate, jewelry, and all other valuable articles of a portable character out of his kingdom without a special licence from himself. The date of the Bull " In Coena Domini" is not quite certain. It was republished, and made of perpetual obligation, by Julius II. early in the 16th century. It was revived by Pius V. in 1568 ; again by Benedict XIV. in the middle of the 18th century j Pius VI. quotes it at the close of that century, and it has ever since been a great favourite of the court of Rome. It takes a wide sweep over the entire domain of spiritual superintendence, e. g. the treatment of heretics and their abettors, of pirates and maritime depredators, clerical taxation, abuse or ill usage of prelates, &c. It censures more particularly those who attempt to restrain the ecclesiastical tribunals, though it be to prevent their excesses, whether the persons so offending* be the counsellors or attornies-general of emperors, * Sexti Decret. lib. iii. tit. xxiii. c. 3. ap. Richter, ii. p. 1000. 123 kiiig-s ; or dukes ; as also all who shall usurp the estates of the Church ; and lastly, it exempts all ecclesiastics from the tributes, charges, and imposts which lay subjects usually pay to their sovereigns.* What share in the temporal powers of the State would be left to the governments of Christendom, if the principles involved in these enactments w r ere fully established, it is extremely difficult to con- jecture. Again, however, the reader must be reminded that they are part and parcel of those " sacred canons" and " Apostolical constitutions," embodied by reference with the general instructions to the new hierarchy for the government of their churches. Calling to mind that the ultramontane doctors to whom the management of the ee re-edified church of England" is entrusted will probably not shrink from the principles involved in the documents above adverted to, we may form some idea of the kind of subjects her Majesty is likely to find in them and their pupils whether they will be dis- posed to submit tamely to the temporal sword, neither placed in her hands by the Pope, nor wielded at his beck or for his benefit whether they will tolerate mortmain, or taxation, or legal restric- tions upon landed acquisition, or tithes in other hands than their own whether they will not strain every nerve, and put in practice every device which turbulence, agitation, cunning, persuasion, or canonical simulation can suggest to obtain an * Fleury, Hist. Eccles. torn, xxxiv. p. 545. This Bull was rejected by Spain, France, and Venice, and very ill received in Germany and elsewhere. 124 influence in the legislature, and to supplant the national prelacy. I am firmly convinced they will resort to all these expedients by turns. I helieve that warfare with all who resist is as much the element of their ecclesiastical, as the air they breathe of their physical existence. I now beg 1 leave to draw the reader's attention to a clause of the Bull which is chiefly worthy of atten- tion on account of its studied ambiguity. By this clause " All regulations, constitutions, privileges, or customs in the ancient system of the Anglican churches are, by the plenitude of the Apostolical power, repealed and abrogated, and that all power whatsoever of imposing obligation or conferring right in those regulations, privileges, or customs, by whomsoever and at whatsoever most ancient and immemorial times brought in, be altogether void and of none effect for the future." And this clause stands in connexion with another which directs that "all rights and privileges of the ancient sees of England, and all other things contravening the foregoing ordinance be annulled and repealed j" and concludes thus : " Moreover we decree that if in any other manner, any other attempt shall be made by any person, or by any authority, knowingly or ignorantly to set aside these enactments such attempt shall be null and void." The question we have to sift is simply how do these expressions affect the civil and ecclesiastical constitution, and the liberties, political and religi- ous, of the people of these realms ? After returning thanks to God, the Virgin Mary, 125 and the saints-patrons of England, that it has been granted to him to restore the Episcopal sees of England, this foreign prince and prelate goes on to decree that the instrument shall under no imagin- able circumstances be impugned, or its validity be in any way affected. The words used are as general and comprehensive as it is possible to make them. Are they restricted satisfactorily restricted by what follows ? " All g'eneral or special enactments, notwithstanding-, whether apostolical (papal) or is- sued in synodal, provincial, and universal councils." It may perhaps be contended that this clause over- rides and controls all that follows. To my under- standing it is no more than an item a general one, perhaps in the list of possible objections to the va- lidity of the Bull, which the Pope desires to clear out of the way. If so, it stands unconnected with all the following non olstante clauses. These clauses then go on to remove all impediments arising out of the rights of the ancient sees of England those, namely, now held by the bishops of the establishment also all obstacles which the late missionary or vicarial system, or which the rights of churches, and places of worship of any sort may present ; " lastly, notwith- standing all other things to the contrary whatso- ever." We ask, are all these things annulled in substance, or to be only inoperative as against the Bull and its eventualities ? This question, I think, is pretty well explained by the preceding clause, repealing and abrogating " all regulations, consti- tutions, privileges, or customs in the ancient s}'stem of the Anglican churches " that very system, be it 126 remembered upon which the regulations, constitu- tions, privileges, and customs of that institution which we alone know by the name of the Anglican Church actually rest. It cannot be alleged, on the part of the Pope, that his Anglican church is another and a different church from ours, and that his regulations relate only to his Anglican church, and not to ours. For, in the first place, he takes upon himself to push aside the rights of the ancient sees of England, and of course those of the present tenants ; and in the second, he presents himself as the restorer and re-edifier of the ancient Church of England. But finding, that in order to accommodate himself to the exigencies of the times, it is requisite to change the constitution of that Church in the most material particulars, he presumes to strike a way the very foundations upon which the existing National Church reposes. The rights of the ancient sees of England are by law vested in the actual archbishops and bishops of those sees. The law which thus vests them, is the ancient Common Law of the Church and State of England. The rights of the ancient sees of England extend over every part and portion of English territory. The new hierarchy is in every respect commensurate with the old \ it embraces territorially all the ancient sees ; and in any other state of things these rights would present insupera- ble obstacles to its establishment. In this view of the question, the least that can be said of the clause is, that it presumes to repeal the ancient Common Law of the realm, as far as it stands in the way of the papal project. But the repeal of one jot or 127 tittle of any law or legal system implies a power to repeal the whole. If we tamely suffer this assumption to pass, no rational man can doubt what language these ultramontane canonists will hold hereafter. But we shall be told, that the rights of the two episcopal systems cannot clash, for that those with- drawn, as well as those assumed, are purely spiritual. But I would ask, by what authority does this stran- ger presume to abrogate even the spiritual rights of the ancient sees of England ? These spiritual rights are, we presume, still under the protection of the law, quite as much as the temporal rights of those sees. All those rights, whether spiritual or temporal, are still vested in the Queen and the bishops, as they have been from time whereof the memory of man runneth not to the contrary, without equal or rival. If indeed our Church was but of yesterday's date, as Papists delight in representing it, they might reasonably enough say to us " You have nothing to do with the ancient sees of England, for they are our con- cern, not yours." And this observation discloses to us the importance of not permitting these ingenious sophists to heave the National Church out of its natural foundation in the ancient, common and ecclesiastical law of the land. At all events there lurks in this clause of the Bull a very serious, and a very suspicious ambi- guity. It is an ambiguity that might and ought to have been avoided an ambiguity, therefore, which raises a strong presumption that it was in- troduced by design. And knowing that the non- official expositions of the Papal advocates never 128 have been held to bind the Holy See, we are thrown back without resource upon the Papal instrument itself, and must endeavour in the best way we can to determine therefrom its latent as well as its manifest drift and meaning 1 . We maintain that the Anglican Church not this new creation of pontifical arrogance stands upon those very " constitutions, privileges, and customs, in most ancient times brought in upon those rights and privileges of the ancient sees of England," which (till he officially contradicts us) we affirm that the Pope has repealed and abrogated. But in these things it is that its strength lies ; upon these depend its prescriptive rights ; its claim upon legal recognition and protection, and its hold upon the affections of a large majority of the people , We must not therefore permit any power external to the Church and legislature of the country, more especially an alien to our laws, a stranger to our people, an enemy to our religion, a { foreign prince and potentate/ to hold language like this without such explanations as shall accurately and positively disclose the latent meaning of his ambiguous ex- pressions, leaving us at liberty to accept or reject them, even when we have them under the only warranty we will accept under the fisherman's ring. We must acknowledge that to give such explana- tions, without in some shape or other admitting the existence of a national Church, hitherto so anxiously and ingeniously avoided, would be a sore puzzle to Pius IX. as well as to his able adviser, Dr. Wise- 129 man. But that is their affair. The intromission of Mr. Shiel at Florence must be absolutely protested ag-ainst. Whether he be clothed with an official character in his intercourse with the court of Rome or not; matters not a pin. No semi-official assurances or explanations can chang'e one jot or tittle of an infallible Bull. Nothing- but Infallibility II. can make that clear which Infallibility I. hath left in doubt. Quitting- this subject, let us very shortly examine the mode in which this Bull has been used and justified by its organs and advocates. .11. Dr. Wiseman's Pastoral Letter. I select this document for examination next after that of the Papal Bull, because it seems to offer the most authentic exposition of the drift and meaning- of that instrument. I propose, however, to notice it only in those points in which it seems to throw lig-ht upon the principal object of inquiry before mentioned. "Wiseman's address, like the Bull, to which we may reg-ard it as a sort of rider, removes the Church of Eng-land out of sig-ht altogether, as if it were a nonentity, and treats the novel establishment as if already not merely in the ascendant, but standing- alone in the land. By this mode of dealing- with the establishment, some advantag-e is gained. By neither admitting- nor denying- anything-, it g-ave the g-o by to all controversy it declined placing 1 the new hierarchy in competition with a canonical nonentity and at once established the I 130 Papal decree upon the only ground that was thought suitable to its transcendent claims, and most likely to impress the minds of the masses with awe and admiration. The Pastoral, therefore, knows nothing 1 of any ee Anglican Church," but that of the Bull ; and as absolutely ignores the Queen and her constitutional rights, as if both were non-existent. But upon the non obstante clauses, Dr. Wiseman is very circum- spect. According to his exposition of them, they are no more than a setting aside of all dispositions and enactments made for England by the Holy See, with reference to the missionary or vicarial state. And this, I believe, is the understanding the Papal hierarchs desire, for the present, to estab- lish in the minds of Protestants. I would merely call upon the reader to re-peruse the plain words of these clauses, and ask him, after reading them, whether the restriction contended for can be main- tained. Again, it cannot be too strongly borne in our minds that Dr. Wiseman has no authority so to restrict the meaning of his infallible master. As no one can judge, so no one can fully understand or explain what the Pope says but himself. But we who see no religious reason to give any credit to this transcendental document but what it appears upon the face of it to deserve, must be allowed to put the natural interpretation upon these clauses. In the same way, when the writer informs us that in conformity with his appointment to the Archiepiscopal see of Westminster, "he governs, and will continue to govern the counties of Mid- 131 dlesex, Hertford, and Essex as ordinary thereof;" we interpret the words in their natural sense. Agreeably to the main policy of the measure, they must he taken to imply a sole and exclusive go- vernment, not of the Roman Catholics within the counties in question, but of the population in the aggregate. Considering that it would have re- quired merely the insertion of a few words to make the writer's meaning quite clear, and to shut out all misapprehension on our part, we have a full right to assume that the words used mean neither more nor less than they naturally import. Now the words used exclude every other government of the same kind ; consequently that of the Anglican prelates, whose spiritual jurisdiction extends over those counties. This exposition, moreover, is placed beyond controversy by the well known principle of the Roman church, that there cannot be two archbishops within the same province, nor of two bishops within the same diocese.* As the official interpreter and executive officer of the Pope, we therefore understand him to affirm of himself that he is the sole archbishop of the province of West- minster, as well as the sole bishop of the diocese thereunto annexed as ordinary, with jurisdiction over the entire population, without distinction of Roman Catholics and Protestants. The law of England, however, recognizes and maintains two other archbishops, and several other bishops, whose lawful jurisdiction extends over the whole of this * Gratian. Decret. Dist. ci. ; c. un. p 304 -Comp. Van Espen Opera, torn. iii. p. 88 and 554. I 2 132 pretended province of Westminster, as also over that district which the Bull annexes to Dr. Wise- man's Archiepiscopal see. The obvious intention, therefore, of the Pope and his chosen interpreter is quietly to set aside the law of the land ; and, as in times past, to steal a recognition, which shall make it difficult, if not impracticable, to resist its universal and exclusive pretensions. The pretended cardinal-archbishop next informs us, in a tone of no little self-complacency, that the Pope has been pleased to confer upon him the Pal- lium, which he rightly describes as the badge of the metropolitan jurisdiction. But we should al- wa}^s bear in mind that it is likewise the badge of his absolute dependence upon a foreign sovereign,* and that it is granted to a subject of that sovereign and a prince of his State and Church ; that it is borne by one who has contracted temporal and spiritual obligations, beyond all account transcend- ing- his natural allegiance : that the Pallium per se is the symbol of the Pope's " Plenitude of Aposto- lical power;" that it is a visible delegation of a station, entitling the recipient to temporal rank and title those, for instance, of "Your Grace/' and f( My Lord " and these he demands solely f virtute Pallii.' We have here, therefore, the sworn servant and liegeman of a foreign prince, selected to re-edify * On the Pallium and its attendant obligations, see Du Canye, as quoted above. Twysden, p. 47 ; and compare Decret. Greg. IX. lib. i. tit. viii. c. 3, 4; ap. JRichter, ii. p. 97. Gratian. Decret. Dist. C. c. 1. Richter, i. p. 300. 138 our Church the "Church of England." And it is surprising with how little trouble this great work is effected. The new cardinal-archbishop is himself quite astonished at it. "He has not leisure to relate how wonderfully all this has been brought about/' And yet he tells us that " the great work is complete that our beloved country has received a place among the fair churches which, normally (papally) constituted, form the splendid aggregate of the Catholic communion. Catholic England has been restored to its orbit in the ecclesiastical firma- ment, from which its light had long vanished, and begins now anew its course of regularly ad- justed action round the centre of union, the source of 'jurisdiction, of light, and of vigour." I do not believe that there is to be found in the whole body of the Eoman Decretals a fuller and more pregnant expression of the entire spirit and moral of the great imposture. No man knows better than Dr. Wiseman, that what he states in this passage, is, in the ordinary sense of the words used, an unqualified falsehood. He knows full well that " our beloved country" is still Protestant England ; that it is not, in his sense, " Catholic England " at all ; and yet we shall soon find him "authorising" his extra-official advocate, Mr. Bow- yer, to admit that his " Catholic England" is only one of many dissenting communions in this country,* and to claim for it no other privileges than are enjoyed by any other dissidents from the National Church. * Mr. Bowyer publishes " By Authority," beyond all doubt, by the authority of his cardinal-archbishop. 134 Yet some excuse might be alleged for this un- truth, if he had not in the elation of mind, produced by his gTeat elevation, gone a step beyond the Bull itself. It might be excuseable in him not to know or say more than his master knew and said. As the Pope had resolved to be quite ignorant of the existence of any Anglican hierarchy, of any supre- macy, or of any laws but his own " sacred canons and apostolical constitutions," his official organ would not have been much to blame for pursuing- the like course. But he has shot a shaft a-head of his master. He tells us that by a stroke of the Papal pen our " beloved country" is no longer Pro- testant, but " Catholic England," and that we, who had long vanished from " the ecclesiastical firma- ment," have at length found a place there suited to our rank and station among the " Catholic " nations of the earth. This shameful falsehood imposed upon Dr. Wiseman the necessity of employing another hand to plaister up the wound he had inflicted at once upon the Protestant mind and his own character ; and in eifect to unsay what his prin- cipal had proclaimed ex cathedra, and humbly to crave for his cardinal's " Catholic England " a place among the dissenting churches of Great Britain. In a word, the impression which the new prince- primate intended to produce was: that the late acts of our legislature, and of the ministers who have subsequently carried out the various measures for the relief of the Roman Catholics, are to be taken as equivalent to a formal national reconcilia- tion with Rome. The Pastoral, like the Bull, is 135 addressed to all the Queen's subjects, without dis- tinguishing- between Roman Catholics and others. Rome has thereby thrown her arms wide open; she has called to us by the endearing name of " Catholic England," she will henceforward or for a time at least know of none but " the faithful '" she has ranged us all on the right hand of her throne ; she has exhorted us all there to pasture together in peace, till she shall be at leisure to separate the sheep from the goats. The Pastoral is therefore directed to be read "in all churches and chapels of this our archdiocese of Westminster " not, it is to be observed, of the Roman communion, but in " all churches and chapels." Why, we ask, was this matter left in doubt, if the measure was really intended solely for the benefit of that single com- munion ? Why was our " beloved country " left in ambiguous conjunction with " Catholic England 1" Why was all distinction between the " Church of England" and the Protestant establishment so carefully avoided ? Why, the " plenitude of apos- tolical authority," in its extent and application, left in such studied vagueness? Why all this; if a single word would have made the drift of the measure clear, and taken away that suspicious ambiguity which lurks in every paragraph both of Bull and Pastoral? We, therefore, boldly affirm that the object alleged, and the justification set up for this insolent attempt to subvert our religious liberties, is a mere deceit a simple false pretence ; and we proceed to shew that it is so by 136 other witnesses, whom Rome will not be allowed to disavow. Mr. Newman, the zealous proselyte, the father superior of the Oratorians of Birmingham, upon the occasion of the installation of Bishop Ullathorne in his new see, preached a sermon, in which the fol- lowing* passage occurs : " The people of England, who for so many years have been separated from the see of Rome, are now about of their own free will, to be again added to the Holy Church. Ca- tholic bishops may now go forth with their croziers in their hands, and children clad in white may testify to the revivification of the true church. The whole face of society is changed. Three hun- dred years ago the Catholics of England became tired of the blessings they enjoyed, and they were separated from the hierarchy. The mystery of God's Providence is now, however, fulfilled. I do not recollect any people on earth but those of Great Britain who, having once rejected the religion of God, were again restored to the bosom of the Church. But what has God done for them? It is wonderful in their eyes ! The holy hierarchy has been restored. The grave is opened, and Christ is come out."* Now we will pin this choice scrap of oracular affectation to the Bull and Pastoral, and interpret the three documents together. No man in his senses would say other than that the measure is general ; that it supersedes, and is intended to su- persede the law of the land, as applicable to the * "Times," 29th Got. 1850. 137 Church of England by that law established. We therefore reject Bishop Ullathorne's, or even Dr. Wiseman's explanation in the teeth of documents so plainly holding- a different language. These gen- tlemen, as well as their chosen advocate, Mr. Bow- yer, tell us, in their character of volunteer ex- positors, that " the Bull is an act solely between the Pope and his own spiritual subjects those who are recognised as such by the Emancipation Act ; that it reg'ards only spiritual interests, and that in . all temporal matters, they (the Romanists) are sub- ject to and are guided by the laws of the land." This cannot be : for in the documents before us, the Pope claims the entire kingdom as his spiritual domain and in conformity with that claim, its sub- jects cannot, without breach of their allegiance, have any other religious church establishment, dis- cipline, or ritual than his. If Dr. Ullathorne's definition of the terms " spiritual subjects " be iden- tical with that of the Bull, the Pastoral, and the Sermon of the oratorian chief, his exposition is a simple imposition ; for upon the face of those docu- ments we all Churchmen, Presbyterians, Indepen- dents, Baptists, &c. stand as the " spiritual sub- jects " of the Pope. To the Bishop's remonstrance : C( that it is unfair to confound the boon to the Catholic church in England with ideas of aggression upon the English Government and people" we reply, that neither the Bull nor the Pastoral mention their hierarchy in any other terms than the " English Church," the " Church of England," or the Anglican Church." 138 They have never once used the words " Church in England." The proclamation, therefore, of the new establishment of bishops for England, clearly de- notes an agg'ressive intention ; and when we find that it is to be accomplished by a new territorial division of the entirety of the ancient kingdom of England, over the whole of which the spiritual ju- risdiction of the bishops of the Established Church actually extends ; what ingredients, we may ask, are still wanting to convert such language explained by such acts into an aggression upon the Government, and the laws of the land ?* I had prepared some comments upon Dr. TJlla- thorne's pastoral letter to his two dioceses of Bir- mingham and Nottingham,! and had proposed to myself to examine rather more minutely the address of Dr. Briggs, the new titular of Beverley. My attention was also drawn to a sermon preached by Dr. Doyle, at St. George's Chapel, Southwark,^ in which some expressions occurred, strongly illus- trative of the ultimate design of this movement. But reflecting, that upon the whole there was little novelty in these exhibitions of mingled pride, spleen, and cunning, and that what they have enunciated does not in any degree vary the views of the Bull, its scope, and intent, already laid before the reader, I pass on to the manifesto of the accom- plished lawyer, whom the Pope and Dr. Wiseman * See Dr. Ullathorne's letter of the 22d Oct. pub- lished in the "Times " of the 24th of that month, t " Times," 28th Nov. 1850. t " Morning Chronicle," Monday, 28th Oct. 1850. 139 have retained to plead their cause before the tribu- nal of British common sense and justice. .12. Mr. Bonyer's Pamphlet. I will state at once what seems to me to be the argument of the learned gentleman. It is shortly this : " You have abolished the oath of supremacy as against Roman Catholics, and by that act you have legislatively admitted the religious supremacy of the Pope in this country, and have legalized all the consequences that naturally flow from that re- cog'nition." We deny, however, that the Act of 1829 does admit the spiritual supremacy of the Pope in any legislative sense. We also deny, even were it so, that that would be sufficient to legalize the conse- quence Mr. Bowyer regards as the natural results of such recognition. We protest more particularly against this latter inference; and trust that we shall be able to shew that it implies a total surrender of our religious, and of a large portion of our political liberties not so much to our Roman Catholic fellow-subjects, as to the Pope and his active agents, the newly established hierarchs. In the first place, there could be no occasion for any parliamentary license for Roman Catholics to believe in the spiritual supremacy of their Pope. In this country any man may believe what he pleases ; therefore the Act of 1829 could not have contem- plated giving them a right they had before. That Act went no further than to substitute for the oath of supremacy taken by Protestants, such an oath as should not deprive a portion of our fellow-sub- 140 jects of their civil rights, by reason of a scruple of conscience on their part to recognise the spiritual supremacy of the Queen. In this there is no other recognition of the Roman Catholic church, or its head, than in the legislative measure relieving Quakers and Moravians from taking oaths, there was a design to recognise a Quaker or Moravian church government as legally established in this kingdom, or to permit them to hold any tenet subversive of the royal prerogative, But says Mr. Bowyer : " The Roman Catholic church, being not only tolerated but recognised, unless it be so with the features essential to its proper nature and constitution, such toleration is a manifest absurdity." We think the absurdity would be all the other way. We have shewn that it is a feature essential to the proper nature of Romanism to hold, that heretics are to be coerced and pu- nished ;* that by the Bull, " Unam Sanctam," the Pope is held to have temporal supremacy whenever its exercise is requisite to the fulfilment of his ec- clesiastical purposes : that promises and oaths are not binding upon the faithful, when they shall turn out to be disadvantageous to the schemes of the Pontiff, or the interests of his church. If, therefore, Mr. Bowyer's argument be good for any thing, we have, by the simple repeal of an oath, burthensome to the consciences of Romanists, legalized and per- mitted them to carry out all these " essential fea- tures" of their religious creed ; in other words, to trample under foot the law and constitution of England. * See pages 109113. 141 Without dwelling* further upon this extravagant assertion, I will only remark, that though we are pretty confident that the Roman Catholics cannot, very few of them probably would, if they could, attempt to carry it out in practice, yet we know, likewise, that within these extreme limits of ambi- tious pretension, intolerance, and persecution, there is a vast range of mischief to which we may well hesitate to expose the Crown, the Church, and the laws of our country. Indeed, if we look at these " essential features," with reference to the law and practice of the constitution, we find them to be pro- foundly illegal in their nature and operation and moreover, that they are neither obsolete nor re- voked, but that, on the contrary, they have been, down to the latest times, solemnly avowed and re- published by the very authority from which the late Bull proceeded.* We must beware how we permit the malignant spirit, lurking in these {c essential features," to poison the life-blood of our social existence. Ad- mitting* that, under existing* circumstances, its spe- cific operation must be very gradual ; yet if we allow the demoniacal influence to become natu- ralized among us, the difference will only be between a slow and a quick poison. It cannot be doubted that the hierarchs and their emissaries will spare no pains, fair or foul, for the overthrow of (he national establishment.! We know that for this * See pp. 112, 113. f See the joyous anticipations of Dr. Doyle in his sermon of the 20th Oct. 1850. 142 purpose they will urge upon the consciences of their laity, a gTeat variety of ordinances and prac- tices upon which neither their judgment nor their loyalty will be consulted. But as this circumstance makes no difference in the obligation on their part to obey, they can give us no assurance to-day what will be their duty to-morrow. But obedience to the supreme pastor and his accredited ministers, is one of the " distinctive features " of the Roman Catholic persuasion; and thus, if we admit Mr. Bowyer's conclusions, we shall have denuded our- selves of the means of knowing- or measuring- the amount of the obligations we have contracted to- wards our Roman Catholic fellow-subjects. But Mr. Bowyer boldly contends that the Church of Rome is not only tolerated, but recog-nised by the law of the land as a body known to the law, and as having- certain characteristic features of its own, essential to its existence as such. That our legisla- tors knew of the existence de facto of such a body, I am not disposed to deny ; but I do emphatically deny that they knew of, or acknowledged its exis- tence as a body dejure endowed with any attributes at all ; for not only does it so happen that the law neither does nor can officially know what those attributes are, but that when the lawgivers come to examine the repertories of canonism, they find that the principles there set down, stand in direct and irreconcilable contradiction to the law and con- stitution of the king-dom, and to the liberties, civil and religious, of the people of this country. These, therefore, cannot be leg-ally taken notice of by the 143 legislature, and yet they stand, written in letters of adamant, as the " essential attributes/' the " charac- teristic features " of Popery. But the Roman advocate takes care to leave these his favourite expressions in all their obscurity of meaning-. He tells us that it is absurd to talk of toleration, a ad yet not permit the tolerated to hold and practically carry out the essential principles of their faith. He dischargees us from this presumed absurdity, by taking* it for granted that the mere repeal of the oath of supremacy amounts to as direct an establishment of his Church, as if there had been inserted in the Act of 1829 a clause to the following- effect : " And be it further enacted by the authority aforesaid, that the Bom an Catholic communion is hereby recog-nised as a church known to the law, and as possessing- certain essential features, without which it would cease to be the Roman Catholic church ; all which features, however numerous, whether known or unknown, published or unpublished, are at all times, and by all courts of law and equity in this kingdom to be taken and deemed to be the legal attributes and features of the same church, and to be judicially taken notice of as such." Mr. Bow} r er in words, reduces his demand to the modest one of toleration, such as that enjoyed by all other dissenting- bodies. How could it be imagined, he urg-es, that so noble, so influential a community as the Roman Catholics of this great country would be contented to remain in the degraded state of a mere missionary church, as if it were planted in China, or some other heathen country ? Besides, 144 would not their continuance in such a state have been a positive lihel upon the justice, liberality, and toleration of public opinion ! This sort of " fie for shame " argument cannot go for much, when we consider who it is that urges it, and what they really ask for. This lowering- of tone sits ill upon a community, whose organs hold one language at one time and in one place, and another when and where circumstances are different. In Ireland the Roman Catholic organs repudiate toleration with bitter scorn and contempt. They claim ascendancy as their right, arid demand it with a voice of thunder. In England Mr. Bowyer is instructed to sing* small. But we know that the late Mr. O'Connell, and John of Tuam have held the genuine language of their church, a language she never lays aside but when some preponderating ex- pediency prescribes another tone. But in truth, the drift of Mr. Bowyer does perfectly coincide with the avowed object of the Irish hierarchs. His tole- ration is no other than establishment organization legalization - supremacy. The elimination of our National Church follows, as a matter of course, from the recognition of the " essential features " of his own ; it is one of the natural consequences of the repeal of the oath of supremacy, which repeal, he tells us, made it lawful to deny the Queen's headship, and to transfer that prerogative to the Pope. Now, as before observed, it is one of the " essen- tial features " of the Church of Rome, that " there cannot be two archbishops of the same province, nor 145 two bishops of the same see/'* The overthrow of the archiepiscopal sees of Canterbury and York, and of all the sees of England is, therefore, one of those measures of " internal government," which the Roman Catholics acquired a perfect right to effect by the Act of 1829. But the law of England has adopted those sees into itself. The Church of England and its hierarchy are part and parcel of the law of the land. Has then the Act of 1829 repealed the law as it stood before ? We cannot have both hierar- chies, for we perceive that they of necessity exclude each other. Both cannot be lawful, and either the National Establishment has been cast away by the State, or it is not true that the Act of Parliament in question gave any such right as that contended for. It is singular that Rome now claims recognition in this country upon grounds, the very absence of which in other sects, makes it perfectly safe to ad- mit them among the ec religiones licitae " of the country. I believe it to be true in law that every act or course of conduct which may, upon reason- able evidence, be proved to be designed for, or tend necessarily to overthrow or weaken any part or portion of our Constitution in Church and State, is illegal. The law cannot be supposed to legalize any power or authority at variance with itself. But the " essential features " just commented upon, are provably inconsistent with the religion of the Queen and the State, and with that Protes- * Vide sup. p. 131. K 146 tantism which is the rule of Her Majesty's duties, and the basis of our political system. We have no space here to deal with the remon- strances of Mr. Bowyer, founded upon the conduct of Her Majesty's present advisers in Ireland and in the Colonies. I have no intention to anticipate their defence. My business is solely with the law of the land as it stands, and the measures requisite to sup- ply its verbal defects, and to carry out that intent and policy which, though it may have been tram- melled in its operation, has been in nowise altered in principle by the acts of the Legislature, or the con- duct of the Ministers of the Crown. Adverting" to the strongest point the learned gen- tleman has made in defence of the new hierarchy, we shall have to make good this proposition. In the Act of the 10 Geo. IV. c. 7, 24, it is enacted that e( Whereas the right and title of archbishops of their respective provinces, of bishops of their sees, and deans of their deaneries, as well in England as in Ireland, have been settled and established by law, &c. it shall be unlawful to assume the title of archbishop of any province, bishop of any bishopric, or dean of any deanery, &c." From these words an argument is raised for legalizing the new pro- vince and dioceses established by the Bull. It is said by the words " archbishops of their respective provinces, bishops of their respective bishoprics, and deans of their respective deaneries," the existing provinces and dioceses must be alone intended; con- sequently the enacting part of the clause, which makes it penal to assume the style or title of any of 147 these dignities in England or Ireland, is restricted to the precise limits of the existing" ecclesiastical districts ; and that any other divisions of the same aggregate territory, and the titles that may be thereunto appended, although they may comprise the whole of one or more provinces, and actually embrace the entirety of the existing dioceses, dean- eries, &c. are by legitimate inference admitted and legalized by the Act. For it is contended, the re- cital which goes before it, controls and defines the meaning of the enacting part of the clause, restrict- ing it to the respective provinces, bishoprics, and deaneries by the law set out and defined ; so that any deviation whatever in the name of the see, or the limits of the diocese, makes it another and dif- ferent title, province, diocese, and deanery from that intended in the penal clause of the Act. Taking the argument as it stands: we say in reply, that nothing can be more manifest than that no such intent was present in the mind of the Legis- lature, when the Act in question passed. Parlia- ment with that carelessness, occurring so com- monly in our modern statutes, apprehending that the persons then filling the office of vicar of the Bishop of Rome in this country would do the very thing they have done, but not suspecting that there were more ways of doing it than one, thought they had amply provided against the danger and incon- venience of an organized Roman hierarchy in this country, by prohibiting the assumption of the titles of our ancient sees, under the penalty of 100. But this intent has been defeated by the very simple K 2 148 expedient of shifting- the limits of the dioceses, and transferring- the sees to towns and places which do not at this moment give title either to archbishop or bishop. I do not propose to discuss the question, whether the penalty has been incurred or not. But I do mean to affirm that the success of so shallow a trick to evade the manifest intention of the Legisla- ture, can be imputed to no other cause than luke- warmness, ignorance, or political connivance on the part of the framers of this clause. That it was not in the mind of Parliament to legalize this paltry evasion, appears clearly from the preamble to the clause. " And whereas the right and title of arch- bishops of their respective provinces, bishops of their respective bishoprics, and deans of their respective deaneries, have been settled and established by law, &c." It is therefore not merely the title, but the right and title that it is intended to protect. But is there a man bold enoug-h to affirm that that right is not invaded by the intrusion of another prelate into the same province or diocese, or any part of it? Observe : it is not merely the title b'ut the rig-ht, not merely the rig-ht, but the exclusive rig-ht that is " established and settled by law '" and as this right cannot be shared with any other persons, it follows that the act of claiming- such share, by whatever metes and bounds set out or described, is within the intendment of the clause ; though, through the in- advertency just alluded to, the offenders may have escaped the penalties they would otherwise have incurred. 149 If, therefore, it should turn out that the Romish titulars of Westminster, Liverpool, Birmingham, Beverley, &c. are safe from the penalties of the clause in question, the worst that has happened to us is, that we are for the present thrown back upon the 13th of Elizabeth, which, though mutilated by the Act of 1846, is still operative in principle^ Mr. Watson's Act left it in this state ; and it has become an imperative duty on our part to demand, and on that of the Legislature to grant the execu- tory powers requisite to carry the principle into effect. It is our duty to call for the protection promised in the clause of the Emancipation Act above referred to protection for the rights, as well as the titles of our archbishops and bishops. The great Protestant communities of this country will not, I am persuaded, permit themselves to be thus miserably trifled with. We demand that the mani- fest intent and spirit of the law be forthwith ade- quately vindicated, that a remedy, an easy inex- pensive remedy be enacted, co-extensive with the promise held out ; and that the engagement of the legislature to protect both the rights and titles of the national hierarchy be redeemed to the letter. Now before the year 1829,- the assumption of the titles of archbishop, bishop, or dean, by any one not thereunto entitled by law, was illegal upon two grounds : First, it was an invasion of the Queen's prerogative, by taking a title of high honour and dignity, a title borne only by peers of Parliament, a title closely connected with one of the most pre- cious prerogatives of the British Crown, that of 150 appointing* archbishops, bishops, and deans, a title which confers social rank, honorary designations, and precedence in the presence of the Sovereign, as well as in every society in the kingdom ; and, Secondly y in as much as the law recognised no bishops but those of the Established Church, and secured to them exclusively all the rights, dignities, honours, and possessions annexed to the episcopal rank and title, it was both a direct infraction of the letter, and an invasion of the policy of the law, an open defiance of its spirit and intent to take such titles, or any other in the sole appointment of the Crown. That all this had before then been done, that Roman Catholic prelates had assumed such titles in England and in Ireland is nothing to the pur- pose. It amounts to no more than that the law was not put in force against the delinquents. An offence is not the less an offence because it has been connived at. But if before the statute of 1829 it was not only illegal to assume local and territorial jurisdiction, but even to take any episcopal titles whatever, what is there in that statute to empower them to do so now ? There are no words in the clause legalizing anything that was illegal before. It does, in fact, no more than annex a penalty to a particular specified breach of the law ; it is simply declaratory of the law as to that particular of- fence ; leaving it in other respects precisely as it stood before. But Mr. Boywer urges that the law maxim "Expressio unius est exclusio alterius," operates 151 here to legalize the whole transaction. Now, the assuming- the style and title of archbishop or bishop of any existing province or diocese, is made punish- able by a fine of one hundred pounds; but the Act does not now for the first time make such assump- tion of title illegal. It was illegal before ; and a penalty was annexed merely to give a more ready mode of punishing it j but this raises no presump- tion of law, that any other mode of contriving the matter, e. g. a new division of the country into pro- vinces and dioceses, differing in their territorial limits from those assigned by law to the Established Church would legalize the titles now assumed. In support of his application of the legal maxim above quoted, Mr. Bowyer cites two cases from our Law books.* The real question in both these cases was, whether any other mines than coal mines were rateable to the poor ? It appears that before the 43 Eliz. c. 2. no kind of mines were so rateable j but that statute made coal mines by name subject to rate, mentioning no others. And upon the gene- ral principle that " Expressio unius est exclusio alterius," the court held that all but coal mines were excluded, and therefore not to be rated to the poor. But what if other mines had been rateable before the 43 Eliz., that statute simply omitting to mention any but coal mines, would any lawyer con- tend for the application of the maxim to such a state * Gov. and Comp. for smelting lead &c. v. Richardson and others : 3 Burrow's Reports, p. 1344. R. v. Cunning- ham : 5 East, p, 4 78. 152 of things ? So in the case before us, the act of taking 1 any episcopal title, whether territorial or otherwise, was illegal before the statute of 1829, and the clause was only intended to declare the penalty for a particular breach of the law, conse- quently took no notice of others ejusdem generis. "The argument," says Mr. Bowyer, "drawn from the fact that the Pope is a foreign prince and potentate, and that therefore the rights of the na- tion and the sovereignty of the crown are violated, is worth nothing unless his opponents can shew that the acts of authority in question are temporal or civil, as distinguished from acts of spiritual juris- diction." But, to use lawyer's language, we decline to be thus stated out of court. No doubt if these acts of authority were of a purely religious or spiritual cha- racter if they drew after them no civil or political consequences implied nothing more than what is expressed on the face of them, it would be of no consequence whatever from what source they might proceed. But, in thejirst place, we deny that any organized religious association, consisting of a powerful body of men fully imbued with the princi- ples of their persuasion, ever was or can be so free from political bias and design as Mr. Bowyer's pro- position assumes. Consequently, it is at all times incumbent upon the state or government to be vigi- lant lest that d bias and design acquire a preponderance dangerous to the equilibrium of those political powers and institutions it is the duty of the rulers to main- tain. No organized religious association can there- 153 fore be allowed to withdraw itself from the super- intendence and visitation of the state, on the naked plea that it is a merely spiritual body, or its acts of a merely spiritual character. The state will and must enquire into the nature of the jurisdiction claimed. In the second place we observe, as a matter of ex- perience, that civil governments never can behold with indifference a spiritual power independent of the state mastering 1 the consciences of its subjects. For we believe that the vaunted civilization of this our nineteenth century is as little proof against the practices of the simplest priestcraft as any other period of human history. The matter must, indeed, be differently managed now ; the process must be more gradual; care must be taken to gild the fetters of conscientious submission ; coercion must be avoided as long as possible ; a prudent economy of spiritual thunders must be observed ; the eye and the ear must be filled ; the taste gratified ; the senses enthralled ; a high value must be set upon devotional impulses, and the outward observances requisite to produce them. And the process must be continued until the soul of man is transferred from the hands of his Saviour to those of his priest. At this stage of conversion no machine is more obedient to the touch of the machinist no sumpter-beast more eager to do the behests of his driver. When such a power has once fixed its talons firmly in the con- sciences of men, loyalty, honour, virtue, and every other obligation, civil, political, social or religious, 154 sinks, fades, and perishes beneath the terrorism of sacerdotal domination. I have already endeavoured to shew that the acts for which Mr. Bowyer claims the character of purely religious regulation are in their inmost nature mea- sures of a temporal, fully as much as of a spiritual description. It is not denied that they emanate from a foreign temporal prince, and I think I have shewn that the spiritual character with which he is invested k no security to us that his acts will be of that purely spiritual design and tendency we are now called upon to believe they will turn out to be. The law of the land must therefore take upon itself to determine what acts shall be deemedpurely spiritual; or, if it has not already performed that duty, the legislation must be urged now to fulfil it promptly and effectually. If Parliament shall be of opinion that what no other Christian profession in this country has ever attempted is lawful in the Roman communion if it shall think that body justified in planting their new hierarchs at the portals of our cathedrals and at the gates of our royal palaces, and by a contemptible law quibble, bearding the bishops of the National Church in their own dioceses ; it will at no very distant period be called upon by the Papists to give effect to that opinion, and to ac- complish Dr. Doyle's triumphant prophecy. If, hereafter, we should be so irrational as to grumble at these hard terms, the Pope and his friends will open their eyes wide with wonder and astonishment : "What have you to complain of?" they will ask 155 " Have we not told you all along- that it is one of the e distinctive features' that it is a { funda- mental principle' of our religion that the supremacy of the Pope is exclusive of every other jurisdiction, and that it will not endure two archbishops in one and the same province ? When you permitted us to acknowledge the Pope's supremacy and to establish our hierarchy, you knew all this; and we must therefore presume that you were from that moment prepared to abide by the canonical consequences that you were ready to abandon your heretical es- tablishment, and to put ours in its place. After pledging- yourselves to the adoption of our ' dis- tinctive features' our e fundamental principles,' how can you complain that we insist upon the implied, as well as the express terms of our compact. You were not ignorant that it always was our intention to pull down your Establishment. If you were not idiots the Bull itself must have disclosed that design to you. But if you are dull enough or unfortunate enough to think you have made a blunder, you can- not urge your errors as an argument against the necessary results of your own conduct. You knew that our religious principles prevented us from tolerating such an establishment as yours; why then did you tolerate ours, except it were that you contemplated an unconditional surrender I' 9 And in fact the power to create archbishoprics and bishoprics is regarded by the Roman canonists as an integral and an essential part of the Pope's spiritual prerogative. On the other hand, the law of England vests that prerogative solely and ex- 156 clusively in the crown and the legislature. And if to-morrow an Act of Parliament were to pass establishing- bishops in all the towns pitched upon by the Pope for his new hierarchs, every one of the latter would be obliged to drop his title, or for every act of user forfeit 100. Mr. Bowyer would probably in that case contend that the penalty extended only to the taking the titles of the ancient sees of Eng- land ; and that it is inapplicable to any subsequently erected gees. If successful in his argument, what an absurd state of things would be introduced ! If any thing were wanting to convince us that the in- tention of the legislature when it introduced clause 24 into the Emancipation Act has been allowed to be miserably defeated, it is this. For it should be remembered, that it is quite as abhorrent from the principles of the Church of England that there should be two archbishops in the same province, or two bishops in the same diocese, as it is from that of the Church of Rome. Such an arrangement could not, therefore, have been contemplated by the legislature ; yet, if Mr. Bowyer's argument were to prevail, any new bishopricks we might choose to erect would be precisely in the same predicament as that against which Parliament thought it requisite to pro- tect the old sees. No one can, I think, doubt that the clause was intended for the protection of our national hierarchy as a whole. But our sagacious lawgivers, losing sight of any future extension becoming neces- sary, made no provision for such a contingency. This error must be redeemed. If the Protestant people of this country allow another Session of Parliament 157 to pass over without vigorous remonstrance, they will then be reasonably supposed to have acquiesced in the establishment of the new Popish hierarchy. If their remonstrances are neglected, they will have obtained ample proof that they are betrayed. Mr. Bowyer's assertion that cf the theological claims of his church do not affect his argument/' and that " those claims belong- to the inviolable rights of liberty of conscience, over which no human power can exercise jurisdiction," requires no further reply than that which has been already given to the claim of supremacy. For we cannot understand these "theological" claims to be any other than those of the boundless jurisdiction founded on the theory of the Cathedra Petri ; which theory is summed up in the single maxim that " every human being must be subject to the Roman Pon- tiff." We are further taught by the Popish apologist, that "the British Government having diplomati- cally ignored the Pope, except as sovereign of the Romish states, ought not to complain that his Holiness did not ask a consent that the Crown could not give." We reply, that the Crown in Parliament can do anything 5 and if we are not much mistaken, the Pope had through his agents quite sufficient opportunity of consulting the official advisers of the Crown, the leaders of the Impe- rial Parliament, and the most influential members of the party which has hitherto supported itself upon the votes of the Papists in that assembly. At all events, the Acts of 1829 and 1840 must 158 have held out great encouragement for such an application. But all this is nothing- to the purpose, or rather, it can only have been put forward to throw dust in our eyes. If Mr. Bowyer, though but a recent convert, has but superficially studied the scheme, of which he has become the victim and the advocate, he must have known, that if the Queen, without the consent of Parliament was not com- petent to grant such license, the Pope was by the " fundamental principles " of his church altogether precluded from asking it. He could not ask per- mission of any human being to do that which he claims a right to do "jure divino," as of his own transcendental prerogative.* And assuredly he shewed no disposition to wait for any such per- mission. But a bishop, Mr. Bowyer tells us, is not a title of honour, and therefore not within the prerogative of the Crown. It was not so, he observes, in the Primitive Church; and for this he quotes our Hooker. Again : Cruise on dignities says nothing of bishops ; and Selden does not include them among his " titles of honour." But this is empty special-pleading. Let any Roman Catholic gen- tleman be asked whether he does not regard the title of bishop as conferring upon the possessor the high- est rank in his society ; whether he does not assign * See Bull, p. 8, Ed. Rom. Typis Sac. Congreg. de Propag. Fide, p. 8, " Itaque post rem universam a Nobis etiam accurata consideratioiie perpensam, motu proprio 3 certa scientia, ac de plenitudine Apostolica Nostrce potes- tails j constituimus ac decernimus, &c/' 159 to him the chief seat at his board and in his draw- ing-room ; whether he does not address him as " Your Grace/ 7 or " My Lord " and whether the bishop in question does not accept such address as rightfully due to his rank and station in society aye, and whether he does not accept it under as absolute a claim of right, as any prelate of the establishment ? We know that he does j and that he only abstains from complaint when it is withheld, because he knows that the claim is illegal, and cannot be enforced. The mere office of bishop, no doubt, gives no rank or dignity ; but when he as- sumes or demands the honorary distinctions enjoyed by those bishops, who are either peers of Parlia- ment, or derive them from the appointment of the Crown, they are properly chargeable with an inva- sion of the royal prerogative. Let, therefore, the Romish bishops not only drop, but discountenance the attribution of these social distinctions ; let Dr. Wiseman publish another Pas- toral, repudiating for himself and his so-called suf- fragans, the address of " Your Grace/ 7 and " My Lord/ 7 and we shall cease to charge either him or his friends with this peculiar infraction of the Queen's prerogative. Considering, moreover, that this pre- rogative forms a very important link in that chain which connects our Queen with the intimate rela- tions of private society, we are bound by our respect and allegiance to her, as the sole source of social honours, to watch with jealousy the unauthorized assumption of any rank or title whatever ; but more especially such as connect themselves with offices 160 and functions conferring- great power and influence in society. That occasional breaches of this prerogative are tolerated or connived at, is often attributable to an unwilling-ness to interfere needlessly with the cour- tesies of society. But when she apprehends either danger or inconvenience from this irregular prac- tice, it would be puerile to contend, that Her Ma- jesty has not a full right to put an end to it, and to call upon her subjects by proclamation to abstain from the like error in future. Our Eoman Catholic advocate, "by authority/' further urges, that the admission of Eoman Arch- bishops and Bishops into the American Republic, shews that the Government of that country under- stands the spiritual character of their ecclesiastical offices better than we do in England ; and, there- fore, never regarded their introduction as a violation of the constitution, or an invasion of the sovereignty of the people. But this is beside the question at issue. In this country the contest lies in the first in- stance at least between the Church of England and the Church of Rome. The Republicans of America have no national church; they have no specific religious system to defend; they have renounced the hallowing influence of religion upon their state establishments ; and they have thrown the gates wide open for the reception of every variety of religion, superstition, or fanaticism that might turn up ; we have closed ours to a competition which we believe to be injurious to the best interests of religion 161 and society. Their government acknowledges no dignities, and treats the assumption of rank and title with neglect or contempt. Our constitution not only admits and honours them, but places them under the guardianship of the law, and makes it illegal to assume them without the licence of the crown. If America chooses to run the risk of such practices, it is all but absurd to insist upon this as an argument imperative upon us, who have a very different system to uphold. From Mr. Bowyer's manifesto, we perceive that we shall have to defend our position not against direct but collateral attacks against objections de- rived rather from real or supposed inconsistencies in our own conduct, than from the inherent weakness of our cause. The Eoman Catholic advocates well know that unless they can get rid of the two objec- tions to their scheme upon which we rely, viz. that it proceeds from a foreign prince, whose jurisdiction within these realms the law expressly denies and repudiates ; and, secondly, that the system he has attempted to introduce, though ecclesiastical in name, is in its nature temporal and political, they can make no impression upon the main body of our defences. Supposing it to be true which w r e alto- gether deny that there are some anomalies in our own conduct, say with reference to the establishment of a Bishop at Jerusalem, or at Malta, or in Canada, ( where Mr. Bowyer tells us there were Roman Catholic Bishops before,) we deny that any over- sights of this kind can vary the character of the L 162 new hierarchy, or that they are of any force to alter the law of England, or to commit the people to acquiescence in the dangerous and unconstitutional design of the Papists. These supposed anomalies have been answered over and over again. We shall, therefore, content ourselves with referring the reader to the public newspapers, in which such objections have been discussed and answered. We do, however, repeat, in reply to a statement at p. 30 of his pamphlet, that the " Cardinal Arch- bishop of Westminster" is set over Roman Catholics only. The terms and ordinances of the Papal Bull are in direct contradiction to this assertion. The com- mentaries of Dr. Wiseman, Dr. Newman, Dr. Doyle, and Dr. Gillies, and the organ of the ultra Papal party in France, the ( Univers/ prove in the plainest terms that the first of these gentlemen is set over the whole kingdom of England, without distinction of Roman Catholics or Protestants universal jurisdiction is plainly claimed ; and if we wanted a practical com- mentary upon the drift of Romanism in this country we have it in the daily conduct of the Romish hierarchy in Ireland, where, for twenty years past, the M'Hales, et id genus omnc, have been the great- est political agitators ; the prime movers and sup- porters of the Repeal movement, the leaders of po- litical mobs, and the main obstacles to the restora- tion of civil tranquillity in that distracted country. These persons have never ceased to appeal to the universality of the jurisdiction they exercise in the name of their Church and its head. They have, on that principle, thwarted every effort of Government 103 for the education of the wretched people and the improvement of their condition. There is no part of his subject Mr. Bowyer la- bours so hard as this about the Bishops of Gibraltar and Jerusalem. But all this, we contend, is beside the real question. That question we take to be simply whether we have, by the Act, 5 Viet. c. 6, set up arbitrarily, and without the consent of the governments of the countries in which they are per- mitted to act, spiritual officers, with powers, juris- dictions, rank, title, and territorial authority, incon- sistent with the character and attributes of the governments and people among- whom they are settled and within which they are allowed to act? If Mr. Bowyer can persuade any rational being 1 that we have done all this, let him have the benefit of his convert. I have now laid bare the position assumed by Mr. Bowyer on behalf, and " by the authority," of his Church in all material points. Time does not per- mit the discussion of a great variety of topics con- nected with our subject topics which would no doubt render the discussion far more complete, and tend to dissipate many shadows which still hang- about our position and prospects. But I must take my stand upon what has been already said, and con- clude with a short synopsis of statements and in- ferences, together with one or two suggestions as to the remedies it is at this stage of the controversy incumbent upon us to call for at the hands of the legislature. L 2 164 . 13. Synoptical Statement. The facts, then, of our case as laid before you in the preceding- pages, are shortly the following 1 : 1. There has been of late years, a very marked increase of Romanism and Romanizing 1 teachers in England. 2. The proximate cause of this increase is two- fojJd : 1. A g'iddy love of novelty, stimulated by the shows, the pageants, and the seductive conversation of the Papists operating 1 upon the carnal and un- spiritual mind of the vast mass of our travelled countrymen and women. 2, The extravagant sacerdotal ambition which has of late years become so strongly developed in the minds of the junior clergy of the Establishment, pushing 1 them by little and little, from Tract No. 1 to Tract No. 90, into the arms of Rome; where they found a welcome refugee against all their disappointments and disgusts. 3. Almost contemporaneously with this move- ment among- our own clergy, the missionary hierarchs of Rome in this country because dissatisfied with their condition, and petitioned the Pope to emanci- pate them from their immediate dependence upon himself, and to raise them to the rank and station of a canonical establishment. The Pope, at that moment, distressed by the disesteem into which his political and religious government at home had fallen, hesitated for a time ; but, in conformity with the practice of his predecessors in times past, when politically weakest at home, to avail themselves to the utmost of their spiritual influence abroad, and 165 doubtless allured by the prospect of adding- this g-lorious Empire to the list of the spiritual perhaps of the temporal appendages of his ecclesiastical state^ he acceded to the petitions of his Bishops in England and in Scotland, and issued the Bull a Universalis Ecclesiae," erecting- the " king-dom of England" into an hierarchical department of his spiritual empire. 4. For the purpose of carrying- this measure into effect, he enacted, formally and legislatively, a new territorial division of the so-called " king-dom of England," an act in its very nature political, what- ever may have been the purpose it was intended to answer. And all this was done, not only without consulting- the Queen, the legislature, or the law of the land, but in words studiously selected to exclude all authority or participation but his own ; it was accomplished (f Motu proprio, certa scientia, ac de plenitudine Apostolicse Nostrae potestatis." By this announcement, the people of this country were officially informed that the " Apostolic power" in question was competent to the performance of any political operation that the Pope mig-ht deem neces- sary to the fulfilment of his spiritual purpose. 5. The g-auntlet thus thrown down to us, the Protestant government and people of this country, it was requisite that we should reflect upon the true nature of our position, and among- other considera- tions, advert to the disadvantages to ourselves, and the use our adversaries mig'ht make of the recent multitudinous immigration of Irish Roman Catholics into this country, the progress made by 166 the Romish missionaries and their converts among the lowest and most ignorant portions of our own population; the existence in Ireland of a Popish hierarchy, exercising- boundless influence over a semi-barbarous majority, and possessed with a fana- tical and vindictive hatred towards the Protestant Government, churches, and people of that country ; the (C heavy blow and serious discouragement" awhile ag> inflicted by our legislature by the abolition of twelve Protestant bishoprics, thereby turning their backs upon their own profession, and yielding the field to their religious adversary ; the sanction given to the illegal assumption of episcopal titles by the Irish hierarchs, and the voluntary concessions of precedence to the Roman Catholic Bishops in our colonies by the ministers of the crown. 6. The Church of England, being the Protestant body against which the first attack is levelled, claims the united * efforts of all denominations of Protestants, not to support her peculiar form of church government, but, for the defence of the law of the land, the prerogative of the crown, and the religious liberties of the great majority of the people. 7. But as the Queen's supremacy is selected by our adversary as the weak point of our ecclesias- tical position, it becomes us to acquire a more accurate knowledge of the law and practice of the constitution upon this subject ; and inasmuch as it must be our fixed determination to uphold, improve, and abide by the ancient principles upon which the whole fabric of our civil and religious liberties is 167 erected, we declined all foreign or adventitious pre- cept or example in arriving- at our conclusion, abjuring- and excluding- all precedents but such as may be clearly exhibited in, or be identifiable with that same constitution, law, and practice of England. 8. We therefore ascertained that the kings of this country have from all time claimed and exercised external jurisdiction in and over the Church of England, and that for a long period of our history the law and crown of this country main- tained^ and at length brought to a successful close, the desperate struggle with Roman Canonism, a foreign law, introduced by a foreign prince, for his own temporal aggrandizement, against the best interests of the country, and against the will of the people, the legislature, and the legal tribunals of the land. 9. Our short glance at the state of the law as it stood at the close of this struggle, shewed further that, although the general principle of law exclud- ing Papal interference, religious or political, in this country has been allowed to stand, yet that it has been so stripped of all executive power as to have become almost useless as a protection against Romish aggression, and well nigh incapable of defending itself against the ultramontane sophistry of the Canonists. This state of things must there- fore be remedied, and our legislators must be called upon to choose their part between the principle and its enemies. This will at all events disclose to us our real position, and probably suggest remedies 168 which, for the present, perhaps, we had better not anticipate. 10. Under the presumption that this state of the law would oppose no serious obstacle to the con- templated coup d'etat, the Papal Bull was issued, brought into this country, and published in the cheapest of all forms, with a view to give it the most extensive circulation among- all classes of her Majesty's subjects. This instrument is drawn up in a genuine legislative form ; it acknowledges no authority, asks for no sanction, proceeds upon no principle but that of a transcendental irresponsible power, lodged in the hands of a foreign prince, en- titling- him to command the unqualified obedience of all mankind, without distinction" of race, nation, religion, or g-overnment. It ignores, passes by as if they had no existence, Queen, arid Government, Church and State, religious bodies and associations of every kind : with studied ing-enuity all recog- nition of the state of the law, or the religious con- dition subsisting since the Reformation, is avoided a territorial denomination long since abolished by law, is significantly adopted three centuries, and those the most glorious and prosperous of our history, are blotted out of ecclesiastical memory, and we are forcibly carried back to an age of com- parative darkness, superstition, and tyranny to obtain a glimpse of the principle upon which the " re-edified " church is henceforward to be go- verned. We therefore go back to the point of time to which the Pope himself has conducted us ; we examine the principles in question, and find 169 their " essential features/' their " distinguishing attributes/' to be, intolerance in religion, temporal ambition, transcending- all worldly might; majesty, or dominion, manifest incompatibility with social honesty, integrity, and good faith, and' inconsis- tency with the existence of civil or religious li- berty in the world. 11. After expounding the Bull by itself, and with the aids to which the instrument itself refers us, we went on to consider how it had been inter- preted by those who procured it, and are now eng-aged in carrying it into execution. And we find in their public addresses and writings all our previous inferences confirmed to the letter. Almost every line of these performances is stamped with the impress of ultramontane canonism, leaving no doubt upon our minds that nothing short of an absolute submission of conscience, and with it, of all religious rights, (with just such a chance for our civil liberties as may remain, after the surrender of our will and conscience to the absolute dis- posal of a foreign priest,) will be accepted in satisfaction of the fictitious bond now put in suit ag'ainst us. 12. In the last place we adverted to the legal arguments of the advocate selected by Dr. Wiseman and his associates, and submitted that the inferences he draws from the 10th Geo. IV. c. 7, 24, and the oath in that statute prescribed to be taken by Roman Catholics, are untenable in law. We con- tended that his protest against inference from the " spirit of the law " is without foundation, and 170 amounts to no more than an attempt to persuade us to consent to be cheated with our eyes open ; so that in calling- upon our legislature to correct a blunder of their predecessors,, we do not ask them to make an ex post-facto law, but simply to arm the law, as it stands, with the powers necessary to maintain itself. The 24th clause of the " Emancipation Act" was, we say, intended to protect the RIGHT as well as the title of the national hierarchy 5 but, by a palpable oversight, the latter object only was effected ; and we now say to them, " Do both effectually ; perform your promise \ rectify this clause, and obliterate from the Statute-book every vestige of recognition from which an inference favourable to the preten- sions of the Roman hierarchs could be drawn. For thus also has the Pope of Rome dealt with you. He is a dangerous acquaintance \ you must not know him ; you have no chance against him in spiritual diplomacy; you are plain men, and nothing* but plain dealing 1 can sustain you against that artillery of knavery and guile, in the use of which he has the advantage of many centuries of familiar prac- tice." .14. Remedial Suggestions. Under all these considerations, the great question arises how are we to reconcile the safety of our national religious edifice, with the maintenance of the civil rights of the Pope's spiritual subjects within these kingdoms ? The difficulty is consider- able, and under many conceivable circumstances may become insurmountable, But the difficulty is of 171 their own making". They were safe ; they lived and worshipped in peace and honour amongst us ; the thought of molesting" them was abhorrent to us \ but the ambition of their leaders put an end to this desirable relation, and opened the old sores afresh. The sword of religious strife has been unsheathed, and neither party can now withdraw with honour from the contest. Still the Papists know that their faith is in no danger from the carnal weapon in our hands ; this we have for the last thirty or forty years proclaimed from our housetops; but beyond all doubt, ours would not be permitted to subsist one moment after that weapon should be transferred from our possession to theirs. Our position is, therefore, in the strictest sense defensive ; and, until some new phasis of the contest shall make a dif- ferent set of measures necessary, our efforts must be confined to the steps requisite to reduce the Roman communion in this country as nearly as may be to the position they held before the publica- tion of the Pope's Bull. With this view I take leave to call the attention of the Protestants of this country to the following scheme of resistance to the project of the Pope and Dr. Wiseman. I should propose early in the ensuing session of Parliament, that a bill be brought in to declare and amend the laws relating to the ministers and per- sons professing the Roman Catholic religion ; and that it should contain among others the following provisions: 1. Reciting as a matter of experience, that when 172 religious or other associations, bodies and professions, are mentioned in acts of Parliament by name, a danger arises that the name may be mistaken for the thing itself, and that by some ambiguity of language the law may be made to legalize or estab- lish that which it only intended to describe ; and that for this reason the Acts of the 10 Geo. IV. c. 7 } and the 9 & 10 Viet. c. 59, require such ex- planation, and amendments as may effectually rebut every presumption of law that might be drawn from the words of those acts, tending to legalize, establish or endow the persons acting as ministers of the Roman Catholic religion, with any privileges, rank, title, or precedence, ecclesiastical, civil, or social, whatsoever : it be enacted that wherever in any act or acts of Parliament, any names or descriptions of such associations, bodies or professions, or any titles or distinctive designations, ecclesiastical or civil, are named or specified, such titles, desig- nations, or names, shall hereafter be taken and deemed in law to be simply descriptive, and not as implying any legal or legislative recognition, right or title, or as conferring any honorary, social, ecclesias- tical, civil, or political precedence, rank, or privilege, other than those which the same persons, associa- tions, bodies, or professions, do and have heretofore enjoyed in common with all Her Majesty's subjects. 2. Reciting that whereas during the late recess of Parliament, the Bishop of Rome has through his agents in this country, illegally issued and pub- lished in Great Britain, a certain printed paper or instrument, commonly called a Bull, in Latin, 173 entitled, " Letters Apostolical of our Most Holy Lord, Pope Pius IX. by wbich the Episcopal Hierarchy is restored in England " and whereas, by an act passed in the 13th year of Queen Eliza- beth, entitled, &c. it is enacted that if any person shall obtain from the Bishop of Rome any manner of bull, writing- or instrument, written or printed, containing* any thing-, matter or cause whatsoever ] or shall publish, or by any means put in ure any such bull, writing-, or instrument, he, his procurers, abettors, and counsellors to the fact and committing- of the said offence, being 1 attainted according- to the course of the laws of this realm, shall be adjudg-ed guilty of high treason ; and all aiders, comforters, and maintainers of any of the said offenders, after the committing- of the said offences, &c. shall incur a prcemunire f and whereas by an Act passed in the 9th and 10th years of Her present Majesty, entitled, &c. the penalties for the said offences have been repealed,* be it enacted, that from and after the passing- of this Act, every person who shall obtain, &c. [following- the words of the Stat. of Eliz.] or shall publish, &c. any such Bull, &c. ; he, his procurers, &c. being- thereof legally convicted, shall for every such offence incur a fine of not more than 1,000, and not less than 100, and be com- mitted to prison for the term of one month, provided that within one month from the date of conviction it shall be lawful for Her Majesty in council to order and direct the said offender to be carried and *~ See pp. 88, 89. 174 conveyed to any parts beyond seas out of Her Majesty's dominions, there to abide, &c. until it shall please Her Majesty to revoke the said order of banishment. A provision should be added for the punishment of persons so banished, who shall be found within the realm without the Queen's licence. 3. The 24th section of the 10 Geo. IV. c. 7, should be carried out in conformity with its true intent and meaning-, so as to protect not only the titles, but the rights of the national hierarchy, by declaring- the Papal division of the kingdom into ecclesiastical dis- tricts unknown to the law to be illeg-al, and by quash- ing- the same ; as well as, by extending- the penalty of that section to any public assumption of ecclesi- astical title or titular jurisdiction within the leg-al dioceses, or any part or portion thereof. 4. The Government officials having- thought pro- per, in the Commission issued under the Charitable Bequests Bill, to yield to the Eoman Catholic pre- lates in Ireland, associated in that Commission, the style and title of Archbishops, and to give them precedence above an Earl, I should sug-g-est a peti- tion to the Queen that this mistake of the Irish Government should be rectified, by inserting* in the Commission, in lieu of the title, such simple designa- tions as " Dr. Cullen," " Dr. Murray, &c."* * Nothing, I conceive, more fully proves the necessity of ihe first of the measures I have ventured to propose, than the attempt of Mr. Bowyer to confound the " Govern- ment" with the governors of Ireland; "The style and 175 5. The Pope having 1 in his Bull studiously severed the Church of Bug-land" from the " Church of Ireland/' it is our duty to convince him that the drift of this part of his scheme is as well understood as the rest. We perceive in it a manifest, though latent, contradiction to the legislative union of the Established Churches. It is therefore suggested that all remedial measures must embrace Ireland as well as Great Britain. If we were put to our elec- tion between the dissolution of the Union and the severance of the ecclesiastical polities of the two divisions of the Empire, it would vastly puzzle us which to choose. What is law in England must be law in Ireland ; neither the prerogative of the Crown, nor the Union of the two countries, can be maintained, if what is right here be wrong 1 there, or the reverse. Much of what has been done in that country is in every sense illeg'al and impolitic. We must retrace our steps ; and we must do so in a manner, and to such an extent, as shall convince our adversaries in that country that we are as firmly determined to maintain the union of the two Churches as of the two islands ; and that furtive recognitions of Romish usurpations, repulsive to the common sense of the people, and contrary to title," he tells us (p. 14 of his pamphlet), "of the Irish Catholic prelates has been recognized by the Government in the Commission issued under the Charitable Bequests Act." If, instead of " Government," he had put " go- vernors" of Ireland, his inference would not have been worth a pin. This is not honest. Mr. Bowyer is too good a canonist to he quite fair. 176 the law and policy of the Empire, are no longer to be picked up in the by-ways of a shifty administra- tion, or in the thickets of legal quibble. The measures above sketched are with the utmost diffidence recommended to the attention of my Pro- testant fellow-countrymen. Much more time would be required than that which remains before the meeting of Parliament to correct and reduce them into proper form. No man can have felt the diffi- culty of legislating for the present crisis more acutely than myself. No one among the number- less addressers, writers, correspondents, or speech- makers has yet ventured to propose any specific remedy. Of what I have here proposed I say " valeat quantum." If it do but furnish a hint for abler heads and readier pens than mine, it w^ll have amply answered my purpose. In conclusion, permit me to observe, that neither my Protestant nor my Roman Catholic fellow- countrymen possess any adequate knowledge of the true spirit of Popery. To the Romanist I should say, " Peruse the exordium to one of your own periodicals for this month, and learn, what I trust nay, I am sure, many of you never dreamt of be- fore." To the Protestant I would say, " Do the like, and then look to your throat !"* * See ' Morning Herald' of Saturday, Jan. 11, 1851. THE END. NORMAN AND SKEEN, PRINTERS, MAIDEN LANE, COVENT GARDEN. INTRODUCTORY LECTURES ON THE STUDY OF HISTORY, BY THOMAS GREENWOOD, ESQ. /// the. Press, and shortly will be Published, in 4/o., BOOK THE FIRST OF THK HISTORY OF THE GERMANS. BY THOMAS GREENWOOD, ESQ. 1. THE Work announced above was originally intended as an Introduc- tory Essay to the History of Modern Germany. But the author soon perceived that the Barbaric Ages contained the key to many important explanations, and that, without a much more detailed account of that preliminary period than was at first contemplated, the history itself must be deficient both in fulness and perspicuity. 2. Each successive consideration of the subject having suggested various alterations and additions, and enforced the necessity of a more extensive and elaborate treatment, the work has been, in most of its parts, wholly re-cast and re-written ; and it may now be stated, in general terms, that it embraces, The Downfall of the Roman system of Civilization and Polity; and the rudiments of those Institutions and forms of Government which constitute the original material, and in some respects the very framework, of the social structure in modern Europe. 3. The author does not think that, by selecting so wide a field of in- quiry, he has rendered himself liable to the charge of departing from the subject proposed in his title ; though he is fully sensible that he has exposed himself to the danger of overrating his own powers. But he saw no middle course, and, therefore, ventures to abide the judgment of the public both upon the propriety of the plan, and the sufficiency of the execution. 4. The first seven chapters comprise the history of the Barbaric Tribes congregated upon the northern and north-eastern frontiers of the Roman Empire a chain of nations extending from the Tanais and the Palus Moeotis to the German Ocean ; the wars of Marius, Caesar, Drusus, Varus, Germanicus, M. Aurelius, Maximin, Aurelian, Probus, Constantine, Julian and Valentinian I. in Germany. With a view to ob- tain a comprehensive notion of the connexion between the subject of the narrative and the history of the Fall of the Western Empire, it has been thought expedient to append to the eighth chapter a short review of those internal causes of decay which had been, for many ages past, seconding the attacks of the foreign enemy whose history this work professes to recount. This synopsis is followed by an account of the first inundation of the Barbaric Nations, which took place in the year 407, commonly called " The Great Migration," the conquest of Gaul, the abandonment of Britain, the loss of Spain and Africa, the invasion of Italy by Alaric, the first sack of Rome, the settlement of the Visi- gothic Nation in Spain and southern Gaul, and of the Franks in the northern regions of the latter country. 5. The rise, progress, and temporary successes of the Hunnic Nation are next adverted to with a particularity justified, as the author believes, History of the Germans. by the great effects produced by the intrusion of that extraordinary race among the barbaric elements of the future population of Europe. The dissolution of the Empire of Attila sent forth a cloud of nations destined to effect the final dismemberment of the Empire of the West, and to share the fragments among them. To that point each separate swarm may be traced back with the greatest certainty; and for that reason it has been thought necessary to draw the reader's attention to the juncture in question with the greater minuteness. 6. The progress of the Frankish nations introduces us to the next great series of events. The period in contemplation exhibits the total extinction of the Roman dominion in Gaul, the overthrow of the Roman institutions, and the first steps in that important revolution in the character of property in land, out of which arose, in the first instance, the system of" Benefices," and subsequently that of " Feuds." 7. Within the same period falls the expiring effort of that migratory spirit which had hitherto distinguished the Germanic nations. The Longobardi became the lords of Italy; and Pope Gregory the Great laid the foundation of a spiritual dominion which, concurrently with the spirit of feudalism, determined the direction of all great political events during the middle ages. 8. The last subject in the volume embraces the progress of Chris- tianity, and the establishment of the Papal authority in France and Germany, the rudiments, in short, of that great spiritual monarchy which in process of time comprehended nearly the whole of Europe. This subject presents us with a proper terminus for the first book of the His- tory of the Germans. The influence of the Church contributed mainly to the exaltation of the Carlovingian family to the throne 01 France and Germany, and the revival of the empire of the West, in the person of Charles the Great, more commonly called Charlemagne. This inci- dent, it is thought, affords a more convenient close of ancient history, and a fitter commencement for that of the middle ages, than the termi- nus more commonly adopted. 9. It will be seen, therefore, that the period comprised within this First Book extends over nearly nine centuries of time, commencing w ^ ^ e ^ rs * i rru Ption of the Teutones anctCimbri, in the year 113 B.C. and closing with the .UKiOJjiuii uf Oluwkij the Cfcutfct, in the year of Christ 77&' It has been, however, thought proper to reserve the actual His- tory of the revival of the Western Empire in the year 800, for the next Book ; in order that an event of such paramount, importance to the right historical exposition of the subsequent period may not stand dis- connected from it, and likewise in order not to break in upon the History of the Political Life of Charles the Great, which is necessarily reserved for the following Book. But the circumstances which led to that event are traced out, and the event itself is distinctly pointed to at the close of the Volume. 10. The whole of this long period it is proposed with reference to the History of the Germans to distinguish by the name of the " Bar- baric Period." Not only every material matter of fact, but also of opinion, or criticism, other than those for which the author may fairly take credit to himself, is accompanied with a citation of the authority from which it is derived. London, May, 1835. POSITION AND PROSPECTS OF THE PROTESTANT CHURCHES