Upon the death of Oliver Cromwell (3rd September, 1658), the ascendency of the independents soon came to an end. After the failure of intermediate attempts at government, the members of the long parliament returned to their seats, voted a dissolution and ordered new elections. The parliament which then met received a letter from Charles II, promising that thenceforward none should be disturbed for religious convictions if harmless to the state, and that he would approve a bill to that effect. The recognition of Charles as king took place on the 8th of May, 1660. Upon his return all the ordinances issued during the revolution without royal assent and all dispositions based upon them were treated as null and void; nevertheless, by a series of special enactments the greater part of the administrative proceedings of the interim were confirmed.65

64

Faith and Exercise of their Religion, whilst they abuse not this Liberty to the civil Injury of others, or the Disturbance of the publick Peace; so that this Liberty be not extended to Popery or Prelacy, or to the countenancing such, who publish horrible Blasphemies, or practise or hold forth Licentiousness or Profaneness under the Profession of Christ; and that those Ministers or publick Preachers, who shall agree with the publick Profession aforesaid in matters of Faith, although in their Judgment and Practice they differ in matters of Worship and Discipline, shall not only have Protection in the Way of their Churches or Worship respectively; but be esteemed fit and capable, notwithstanding such difference (being otherwise duly qualified and duly approved) of any Trust, Promotion or Employment whatsoever in these Nations, that any Ministers who agree in Doctrine, Worship and Discipline with the publick Profession aforesaid are capable of; and (being otherwise duly qualified) of any civil Trust, Employment or Promotion ; but for such Persons who agree not in matters of Faith with the publick Profession aforesaid they shall not be capable of receiving the publick Maintenance appointed for the Ministry; such Ministers or publick Preachers or Pastors of Congregations

are

disenabled to hold any civil Employment, which those in Orders were or are disenabled to hold by 16 sq. Car. I c 27

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we do declare a liberty to tender consciences, and that no man should be disquieted or called in question for differences of opinion in matter of religion, which do not disturb the peace of the Kingdom; and that we shall be ready to consent to such an act of parliament, as upon mature deliberation shall be offered to us, for the full granting that indulgence.

65 Compare especially :

12 Car. II (1660) c 11 An Act of Free and Generall Pardon Indempnity and Oblivion.

s 48: . That noe Conveyance Assurance Grant Bargaine Sale Charge Lease Assignement of Lease Grants and Surrenders by Copy of Court roll Estate Interest Trust or Limitation of any Use or Uses of any Mannours Landes Tenements or Hereditaments not being the Landes nor Hereditaments of the late King, Queene, Prince or of any Archbishops Bishops Deanes, Deanes or Chapters, nor being Landes or Hereditaments sold or given or appointed to be sold or given for the delinquency or pretended delinquency of any person by vertue or pretext of any Act order or ordinance, or reputed Act order or ordinance since 1st of January 1641 shall be impeached defeated made void or frustrated hereby [The restoration of the lands above excepted was to be, for the most part, without compensation, but with certain qualifications. Under date 7th October, 1660, the king named commissioners-their warrant is in Cardwell, Doc. Ann. II, 225-to effect the transference back to crown or church.]

s 49. Nothing in the act shall extend to indemnify those who have entered

But from such confirmation were especially excepted all dealings with the property of bishoprics and chapters. As to the clergy, even those who had not been consecrated by a bishop were left in possession of their livings.

On the 25th of October, 1660, Charles published a declaration in which, having regard to his undertaking already given, he endeavoured in some respects to meet the wishes of the presbyterians and promised a revision of the book of common prayer.66 The government presented this declaration to be ratified by parliament, but laboured, it would seem, to have the ratification refused, which actually happened. The king, however, in the spring of 1661 summoned a number of episcopalian and presbyterian divines to meet at the Savoy in London. The conference was productive of no result.

Meanwhile a new parliament had been elected. Once more it

on fabric lands, or possessed themselves of revenues given for the repair of any cathedral or church, or converted church plate and utensils to their private

use.

12 Car. II c 12 An Act for Confirmation of Judiciall Proceedings.

12 Car. II c 17 An Act for Confirming and Restoreing of Ministers.

s 1. As real and lawful incumbent, parson etc. is recognized, despite nonobservance of legal prescriptions, every ecclesiastical person, ordained by any Ecclesiastical persons, who is twenty-four years of age, has not renounced ordination, was presented or nominated after 31st Dec. 1641 by some patron to a benefice with cure of souls, vacant at the time, in England or Wales, obtained possession and was in possession on 25th Dec. 1659.

s 4. Every ecclesiastical person or minister, sequestered or ejected after lawful presentation and receipt of the profits, is to be restored to possession on or before the 25th Dec. next approaching, provided that he did not petition to bring king Charles to trial or justify the murder of the said king, and has not declared his judgment to be against infant baptism.

s 10. Those removed from livings etc. are to hold the profits already received.

s 11. Those who petitioned to bring king Charles to trial, have justified his murder or pronounced against infant baptism, are to be removed.

s 14. If a patron presented his clerk to the Commissioners for approbation of publique preachers (see above, note 56) or to the Committee for plundered Ministers of 1659, and that clerk was rejected without lawful cause, such clerk is enacted to be perfect incumbent of such benefice to all intents and purposes,' unless the patron has since presented another clerk or the clerk originally presented has obtained some other benefice.

6

s 20. Those restored must take the oaths of allegiance and supremacy. 12 Car. II c 31 An Act for Confirmation of Leases and Grants from Colledges and Hospitalls.

s 1. Grants, leases etc. made by de facto officers of colleges and hospitals between the 25th March, 1642, and the 25th July, 1660, are confirmed, as also are all elections to vacancies by such officers.

s 4. No person shall be confirmed in mastership, provostship, fellowship or chaplaincy in either of the two universities of Oxford or Cambridge or in the colleges of Eaton' and Winchester who is not ordained by bishop or presbyters or who has renounced ordination, if the local statutes of the colleges require ordination as a condition of office..

12 Car. II c 33 An Act for Confirmation of Marriages.

Marriages made since 1st May, 1642, before a justice of the peace or reputed justice of the peace are confirmed.

66 Printed in Cardwell, Docum. Annals II, 234 ff.

was expressly asserted by legal enactment that the parliamentary ordinances made without the king's assent were null and void.67 In this parliament, as far as church matters were concerned, the strictly episcopal party enjoyed a decided preponderance. Thus the first business was to recall the concessions to which Charles I had agreed in the early years of the long parliament: the prohibition of the exercise of temporal powers by the clergy, and so the revocation of the bishops' right to vote in the upper house, were cancelled by 13 Car. II (1661) st. 1 c 2.68 By 13 Car. II st. 1 c 12 the ecclesiastical courts received back, under the form of an explanation of a previous statute, their regular punitive powers to the extent to which these had been exercised before 1639; the proviso against the ex-officio oath remained in force; nor was there any repeal of clauses abolishing the high commission court and forbidding the establishment by commission of any similar court; a reservation of the king's supremacy is appended; lastly, it is set forth that nothing in the act is to be construed as confirming the canons of 1640 or other ecclesiastical laws.69 By 14 Car. II (1662)

67 13 Car. II (1661) st. 1 c 1 An Act for Safety and Preservation of his Majesties Person and Government against Treasonable and Seditious practices and attempts.

s 2. Whosoever shall maliciously maintain during the lifetime of Charles II that the king is a heretic, or a papist, or that he is endeavouring to introduce popery, shall be punished and shall be disabled from holding any office in church or state. [For a similar provision in the year 1640 see above, note 31.] s 3. The parliament of 1640 is declared to be dissolved. Affirming that parliament has legislative power without the king, or that anyone is bound by 'Oath Covenant or Engagement' to endeavour a change of government in church or state is threatened with the penalties of praemunire. It is laid down that the oath called 'the Solemn League and Covenant' was unlawful; and that all Orders and Ordinances or pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oathes Covenants or Engagements Leavying of Taxes or Raising of Forces and Armes to which the Royall Assent either in Person or by Commission was not expressly had or given were in theire first creation and making and still are and soe shall be

68 13 Car. II (1661) st. 1 c 2 An Act for Repeal of an Act of Parliament Entituled An Act for disinabling all persons in Holy Orders to exercise any Temporall Jurisdiccion or Authority, entirely repeals 16 sq. Car. I c 27 (cf. above, note 39).

69 13 Car. II st. 1 c 12 An Act for Explanation of a Clause contained in an Act of Parliament made in the seventeenth yeare of the late King Charles Entituled An Act for Repeal of a Branch of a Statute Primo Elizabethe concerning Commissioners for Causes Ecclesiasticall.

s 1. The part of 16 sq. Car. I c 11 s 2 which relates to jurisdiction (cf. above, note 36) is cited: whereupon some doubt hath beene made that all ordinary power of Coertion and Proceedinges in Causes Ecclesiasticall were taken away Be it therefore declared and enacted That neither the said

Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Archbishops Bishops or any other person or persons named as aforesaid (i.e. vicar general etc.) but that they and every of them exercising Ecclesiasticall Jurisdiction may proceed determine sentence execute and exercise all manner of Ecclesiasticall Jurisdiction and all Censures and Coertions apperteyning and belonging to the same before the makeing of the Act before recited in all causes and matters belonging to Ecclesiasticall Jurisdiction according to the Kings Majesties Ecclesiasticall

c 4, An Act of Uniformity, the exclusive use of the newly revised prayer-book, which, however, had not been altered as the puritans desired,69 was prescribed; the act, moreover, declared that all ministers who had been ordained otherwise than by a bishop and who should not obtain episcopal ordination within a short time were ipso facto deprived of their offices; whilst further provisions were made to secure the strict orthodoxy of all the clergy of the state church.70 The terms of this act of uniformity are, apart from

Lawes used and practised in this Realme in as ample manner and forme as they did and might lawfully have done before the makeing of the said Act.

s 2. 16 sq. Car. I c 11 is repealed (excepting what concerns the High Commission Court or the new erection of some such like Court by Commission). s 3. The part of 1 Eliz. c 1 s 18 repealed by 16 sq. Car. I c 11 is not to be revived by this act.

s 4. Prohibition of the ex-officio oath.

s 5: Provided alwaies that this Act or any thing therein contained shall not extend or be construed to extend to give unto any Archbishopp Bishop or any other Spirituall or Ecclesiasticall Judge Officer or other person or persons aforesaid any power or authority to exercise execute inflict or determine any Ecclesiasticall Jurisdiction Censure or Coertion which they might not by Lawe have done before the yeare of our Lord 1639 nor to abridge or diminish the Kings Majesties Supremacy in Ecclesiasticall matters and affaires nor to confirm the Canons made in the yeare 1640 nor any of them nor any other Ecclesiasticall Lawes or Canons not formerly confirmed allowed or enacted by Parliament or by the established Lawes of the Land as they stood in the yeare of the Lord 1639.

69a Compare Perry, Hist. Engl. Church II, 492 ff. c 32 §§ 12 ff. Tr.

70 14 Car. II (1662) c 4 An Act for the Uniformity of Publique Prayers and Administracion of Sacraments and other Rites and Ceremonies and for establishing the Form of making ordaining and consecrating Bishops Preists and Deacons in the Church of England.

s 1:

Ministers

shall be bound to say

all all publique and common prayer in such order and forme as is mencioned in the Booke annexed and joyned to this present Act and entituled The Booke of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church according to the use of the Church of England togeather with the Psalter or Psalmes of David pointed as they are to be sung or said in Churches and the forme or manner of making ordaining and consecrating of Bishops Preists and Deacons.

who

s 2. Every Parson Vicar or other Minister, now in office, hath any Ecclesiastical Benefice or Promotion shall read the morning and evening prayer and publicly declare before the congregation his unfeigned assent and consent to everything contained in the book of common prayer and in the above mentioned supplements to it.

s 3. Whosoever does not do so is ipso facto deprived.

s 4. Every person presented in future into a benefice shall do the same within two months after he shall be in actual possession. The penalty of neglect is ipso facto deprivation.

s 6. Deans, canons; masters or other heads, fellows, chaplains and tutors of colleges; professors and readers in the universities; parsons, vicars, curates, lecturers and all others in holy orders; schoolmasters and tutors must subscribe a declaration of which the text is given. The penalty for not subscribing is ipso facto deprivation. The declaration contains a statement of abhorrence at taking up arms against the king, a promise to conform to the liturgy of the church of England and a denial of the lawfulness and binding force of the

covenant.

$ 7. Schoolmasters in private houses and tutors in the same need an episcopal licence to teach. Parsons etc. have to procure an episcopal certificate that

trifling changes, still in force at the present day. By its stringent provisions parliament completed that line of demarcation between. the state church and the progressive reformers which first began to be drawn in Elizabeth's reign. Moreover, towards the protestant sects already driven from the church and having each its independent constitution, the legislation of the first nine years of this parliament is characterized by extreme intolerance-a natural reaction after the victory of those sects in the revolution.72 From 1661 to 1679 there was no dissolution. The king, under the pretext of affording some relief to the oppressed sects, endeavoured to arrogate a right of dispensing from the observance of legal enactments, in order to apply that right in favour of the papists. The result was a repetition of controversy upon the same question of constitutional law as had been brought prominently forward under James I and Charles I.73 Upon his own authority Charles II issued, first in 1662 then in 1672, declarations of indulgence, but in both

74

they have signed the declaration and to read the certificate publicly along with the declaration.

s 8. From and after 25th March, 1682, the part referring to the covenant is to be omitted from the declaration.

ss 9-11. Requirement of episcopal ordination. For certain offices and acts priest's orders are requisite.

s 13 relates to uniformity in the universities and in the colleges of Westminster, Winchester and Eaton (Eton).

ss 15 ff. contain special provisions for uniformity among lecturers (compare § 53, notes 2 and 5).

s 20. Earlier acts of uniformity still in force are to be applied to establishing the new prayer-book.

71 Compare § 15o.

2 Cf. especially 14 Car. II (1662) c 1 An Act for preventing the Mischeifs and Dangers that may arise by certaine Persons called Quakers and others refusing to take lawfull Oaths; 16 Car. II (1664) c 4 An Act to prevent and suppresse seditious Conventicles (First Conventicle Act); 17 Car. II (1665) c 2 An Act for restraining Non-Conformists from inhabiting in Corporations; 22 Car. II (1670) c 1 An Act to prevent and suppresse Seditious Conventicles (Second Conventicle Act).-Afterwards when the danger threatening all sections of protestantism from the Romanist party at court was evident, the commons passed a bill aimed at a limited toleration of the protestant sects, which, however, was thrown out by the upper house. Perry, Hist. of Engl. Church II, 509 c 33 § 16. Compare also Neal, Hist. of Puritans Ed. 1822 IV, 432 ff.

73 Compare above, note 12.

74 Declaration of 26th Dec. 1662 (printed in Cardwell, Docum. Annals II, 260): So as for what concerns the penalties upon those who (living peaceable) do not conform thereunto through scruple and tenderness of misguided conscience, but modestly and without scandal perform their devotions in their own way, we shall make it our special care so far forth as in us lies, without invading the freedom of parliament, to incline their wisdom at this next approaching sessions, to concur with us in the making some such act for that purpose, as may enable us to exercise with a more universal satisfaction, that power of dispensing, which we conceive to be inherent in us

As against the papists, the king declares that he intends to include them in the toleration and that it is particularly distasteful to him to execute the stringent laws against them, wherein punishment of death is threatened; on the other hand he must maintain the laws which forbid the Roman catholic religion to encroach at the expense of the state church.

Declaration of 15th March, 1672 (printed in Cardwell, l.c. II, 282) :

we