vt Jl 'M yust published, price p. 6d, THE CHURCH IN RELATION TO THE STATE. BY EDWARD MILLER, M.A. RECTOR OF BUCKNELL. Self-reverencing each, and reverencing each, Distinct in individualities.' Tennyson's Princess. LONDON: C. KEGAN PAUL & CO., i PATERNOSTER SQUARE. 1880. \« m* ^^!^~ ^: ^^ PREFACE. This book is meant to be a summary in a readable form of the chief principles and facts upon which rests the great question of domestic politics at the present day. The need of a thorough examination all round into the Relations between Church and State, as exhibited in Nature, in Revelation, and in History, has been more and more impressed upon my mind during the accom- plishment of this work by the constant experience of the last two years. And perhaps the present time affords a more favourable opportunity than has hitherto occurred for attempting to combine all parties in the Church by suggesting, as founded upon the fruits of past experience, modes of settling disputed points, which appear to be legitimate developments and applications of forces strictly constitutional. I am not aware that reference has been omitted to any important facts of history or natural or of revealed principles which might have appeared to have an incon- venient tendency. As in a previous study of more than 4 Preface. thirty years, so now, Horace's words may perhaps be reversed in saying, Non mihi res, sed me rebus siibjungere conor. Whatever faults may be apparent in the conception or execution, — in the mode of treatment, or in the endea- vour to embrace so large a subject within so small a space, or in points concealed from myself, — yet I venture to claim that this is an honest and zealous attempt, however humble, to grapple with a vast question in a manner which includes some suggestions that have not, so far as I know, been made in our time till now. But my indebtedness to many Friends is great, both for actual information and for valuable references to various books of authority in their respective spheres. The intelligence amassed by the ' Church Defence Insti- tution,' where ' defence ' has led to most useful explora- tion, has been very advantageous to a search meant to be complete. And I cannot but express my obligations to the school of early English History, which in future years will probably be regarded as the most remarkable feature in the University of Oxford of the present time, and in which occur the names of Haddan, Stubbs, Free- man, Bright, Green, and others. The severe, and indeed embittered, controversies of the day, will leave a blessing behind, if they teach us to learn more of that merciful Providence in the past, under Which foundations have been deeply laid upon the rock u,uc ■»s:^oi» . -*; i#»,.- Preface. 5 that we may even now discover, and upon which, if I mistake not, we may reconstruct our building so as in course of time to comprehend again under God our bre- thren who have left us, and may rear supports that may maintain it through the Divine Grace amidst the mani- fold shocks of the ages to come. BucKNELL Rectory: Lent. 1880. •*^iA< %:s>t^ ^i y^'z CONTENTS. CHAPTER I. PRELIMINARY ELEMENTS. i The question of the day — why treated — influence of national charac- teristics — attacks on Church of England— other questions involved in the inquiry — four solutions of the difficulty — the Church a function of the State — the State a province of the Church — Disestablishment — Establishment — predominance of State — pre- dominance of Church — both equal and independent — both iden- tical . CHAPTER 11. THE STATE — IS IT OF DIVINE OR HUMAN ORIGIN. Hobbes's view — Spinoza — Locke and Warburton— no such ceremony recorded — States universal— fails to prove them not Divine— a general tendency— natural forces Divinely implanted — doctrine of Holy Scripture— the Divine origin of States not very often impugned • — theory of Rev. A. H. Mackonochie — involves unconscious Man- icheism — limitations of this inquiry CHAPTER in. DIVINE ORIGIN OF THE CHURCH. Introduction — Three Theories — i. Solitarism— contradicted by ex- perience — by the tendencies of human nature — an exaggeration of individuality — ii. Congregationalism— a system of disunion — a Contents. PAGE low form of organization — a merely earthly tenet — III. One Holy Catholic Church — foreshadowed by the precedents of the world — our Lord not a literary character — Founder of a Kingdom — no other theory entertained till the Reformation — confirmatory evidence — the Church represented as supernatural — legitimate national variation — National Branches of the One Catholic Church . . 22 CHAPTER IV. THE CHURCH OF ENGLAND THE DIVINELY APPOINTED CHURCH OF THE LAND. Need of National Branches of the Church— a question of fact— identity of the Church throughout — founded in British times — evidences of Celtic origin — Celtic conversion of the Angles— Churches of the British Confession— Celtic missions — second origin under Augus- tine — Consolidation under Theodore — English missions — the effects of the Conquest — independence of Rome— Reformation — identity preserved — the tyranny of the Rebellion— the present day — not a Parliament Church — Roman indictment proves too much — Catholic Faith — continuity never snapped — founded by no Act of Parliament— Church unity the source of State unity — oppression need not destroy hfe 37 CHAPTER V. THE LIMITS OF THE TWO JURISDICTIONS. Present state of the argument — bequest of Christ — not worldly— He addressed the will — the Church's charter— general acceptation — external goods — excommunication the punishment — the sword rejected towards xjpponents — ^Jurisdiction of the State — patriarchal rule — prosperity of the governed — limited by liberty — does not reach the inner nature — the sword — contrast between the two Juris- dictions — distinct — extreme Papalism evidently inadmissible — and Erastianism — Prussia — both Church and State must be inde- pendent ' . . 58 CHAPTER VI. THE RELATIONS BETWEEN CLERGY AND LAITY. Mutual jealousies — despotism of clergy — turbulence of laity — the Church's Charter — actual appointment of an organized Ministry in regular descent witnessed in the Bible — in early Church history Contents. — absolute need of such — foresight and provision of our Lord — the Laity form the bulk of the Church— participate in priesthood — providefunds— exercise patronage —join in general decisions — assent subsequently to special ones —Bishops and presbyters— Bishops the declarers of Doctrine— the Clergy initiate Ritual and Discipline — the Laity manage Finance— all settle general questions — answer to lay objections— to clerical objections — safeguards in such action — violations in Ireland — observance in the Colonies . . -73 CHAPTER VIL HISTORICAL SURVEY. /. The Universal Church. Recapitulation — appeal to history necessary — Universal Church — before Constantine— independent of the State— lay influence — bi- annual and annual meetings of Provincial Synods — union with State— double character of the Sovereign — bearing towards the Church — appointment of bishops — general influence . . -95 CHAPTER VIIL HISTORICAL SURVEY. //. The Anglo-Saxon Church. Independent origin — consolidated before the State — areas not conter- minous — never formally established— origin of tithes— part of Church system — early legislation abroad and at home — how applied— patronage of livings— patronage of dioceses — confirmation of appointments — National councils — union between Church and State — character of the period" . . . . . . .106 CHAPTER IX. HISTORICAL SURVEY. ///. The MedicBval Period. Effects of Norman Conquest — increase of foreign influence — separation of joint meetings — gradual extinction of regular National Councils — Ecclesiastical Assemblies side by side with Parliament — greater prominence of Provincial Councils — contests between the Kings and the Church — the Church the corner-stone of English liberty — Magna Charta— Synods the patterns of Parliament — Convoca- lo Contents. tions before the summons of Edward T. — 'The Three Estates of the Realm ' — greatness of the thirteenth and fourteenth centuries — relations of the Convocations to Parliament — cessations of National Councils — position of the Pope — appointment of bishops Papal provisions — Friars — lay-preaching — importance of the period . . . . . . . . . . ^n? CHAPTER X. HISTORICAL SURVEY. IV. The Reformation Period. Wars of the Roses — fall of the aristocracy — despotism of the Crown — Edward IV. — act of submission — tyranny of Henry VHI. — Royal Supremacy — Elizabeth's policy — Court of High Commission — Court of Delegates and Commission of Review — Conge (Telire — the Convocations — Prayer-book — last revision — intolerance on both sides — close of the period ... .... 134 CHAPTER XL HISTORICAL SURVEY. V. The Modern Period. silent revolution — extinction of the lay voice — explanation — sup- pression of the Convocations —renewed meetings — long suppression - the Convocations revived — coldness in the eighteenth century - societies — causes of the coldness — traditional horror at proposed changes in the Book of Common Prayer — imperialization of Parlia- ment — drift of Church and State into new relations — twenty-eight ■particulars — strong feeling of Churchmen — room for real statesman- ship 149 CHAPTER XII. GENERAL REMEDIES FOR PRESENT DIFFICULTIES. Widespread dissatisfaction — three remedies — Disestablishment — In- creased State-control — Constitutional Adjustment — provinces of reform— results of historical survey . . ... 16 Co7itents. 1 1 CHAPTER XIII. DISESTABLISHMENT. PAGE Survey — two classes of advocates — Political Dissenters — spoliation — objection to presumed state-control — Nonconformists — Churchmen — three orders— effects of Disestablishment — advantages — greatly overrated — disadvantages — unchristianizing the State — detailed changes — lowering of religion— of the clergy — loss of endowments — the poor — Liberationist treatment of Churches — revolution — Churchmen in the majority — gaining ground — Disestablishment bad in principle — would produce bitter controversies — would be carried by Scotch and Irish votes — need of more spiritual freedom . . . . . . . . . "i?! CHAPTER XIV. INCREASED STATE-CONTROL. Advocates — origin — overwhelming objections — milder aspects — would not produce contentment — inconsistent with the creeds — would stifle spirituality — would lower the clergy — would offend quiet and loyal Churchmen — freedom for the Church — elements of truth in this opinion — fear of clerical domination — horror of change . .195 CHAPTER XV. CONSTITUTIONAL ADJUSTMENT. Representative Action. Necessary — balance changed — machinery out of gear — reform of the Convocations — constitutional — must invade no privileges — a National Council — fusion of the Convocations — extension of the clerical franchise— curates — educational clergy— formerly three Provinces — historical and essential weakness of two — a new arch- bishopric — representation of laity — ' the draft bill ' — suggested con- stitution of the lay body — probable course of business — separate and united debate — diocesan synods — meetings of Provincial con- vocations—constitutional lessons — answers to objections — against lay co-operation — against clerical privileges ..... 208 Contents. ' CHAPTER XVI. CONSTITUTIONAL ADJUSTMENT. Judiciary and Patronage. PAGE Examination of the case — power of the Crown — ^justification — ^Judicial Committee— old system — present disadvantages — ecclesiastical difficulties — episcopal administration — ^judge of the arches court — court of delegates — committee of review — legislative action. § 2. Conge d^elire — clergy and laity — deans and chapters — sale of livings— committee on patronage — diocesan boards — diocesan augmentation fund — veto on all appointments — Crown patronage — confirmation of episcopal appointments - consecration in own cathedral . 228 CHAPTER XVn. CONCLUSION. Drifting of the Church — need of historical investigation — constitu- tionalism — prospects— object of this book ..... 244 APPENDICES. I. The Jurisdiction of the Church of England .... 247 II. Relative Proportion of Churchmen to Nonconformists . . 249 III. Abstract of Lord Hampton's and Mr. Beresford Hope's Returns 252 IV. Annual Income of the Church of England . . . .255 V. Letter to ' The National Church ' upon the best policy on the Burial question . . ...... 257 VI. Proposal made by the Convocations in ' the Draft Bill ' for ex- pediting reforms .... .... 260 VII. Letter to 'The Guardian' on Diocesan Inspection of Board Schools ; or, rather, Diocesan Examination of Church Children in Board Schools 263 Index 267 »«t ?#??*■ K ; *■