From the great concerns of the State it is natural to come to the Church, and when that point is arrived at, the problem of disestablishment at once arises. “Can the Church be disestablished?” is a question sometimes put, and the answer is plain, for that answer is “Most certainly,” and a further question “Where is the Act establishing the Church?” as if the non-production of such an enactment would prevent Parliament from severing the link which binds Church and State, may be replied to by another. Supposing one asked, “Where is the Act establishing the monarchy?” would the non-production of that measure prove that it is not a parliamentary monarchy under which we live? By the Act of Succession, Parliament “settled” the monarchy; by various Acts in the reigns of Henry VIII., Edward VI., Elizabeth, and Charles II., Parliament has “settled” the Church. There is no authority in this realm higher than Parliament; and if Parliament chooses to “unsettle” either monarchy or Church, it can do so.
This is no new-fangled Radical idea; it is an old Whig principle. Charles Fox, in a debate just a century since, observed, while favourable to the principle of religious establishments, “If the majority of the people of England should ever be for the abolition of the Established Church, in such a case the abolition ought immediately to follow.” Macaulay, in his essay on Mr. Gladstone’s youthful book on “Church and State,” was clearly of the same opinion. And Lord Hartington, in his declaration a few years ago that if the majority of the people of Scotland desired disestablishment their desire ought to be satisfied, completed the chain of Whig traditional opinion.
If upon such a matter one is not content to swear by the Whigs, the verdict of the bishops may be accepted. Dr. Magee, of Peterborough, has declared that “Our Church is not only catholic and national: she is established by law—that is to say, she has entered into certain definite relations with the State, involving on the part of the State an amount of recognition and control, and on the part of the Church subjection to the State.”
The very use of the common term “The Church of England as by law established” involves recognition of the fact that what the law has done the law can undo. And if any one doubts the power of Parliament in this matter, let him read a table of the statutes passed in the session of 1869, and he will find that the most important of all of them was “An Act to put an end to the Establishment of the Church of Ireland.” Now, the legal position of the Irish Establishment and the English Establishment was identical. Is any further proof required that, if Parliament chooses, the latter can at any moment be severed from the State?
It is sometimes said that Nonconformist bodies are equally established with the Church because they are subject to the law, as regards the construction of their trust-deeds, and other matters, of which the courts of justice have occasionally to take cognizance. But that is as if it were argued that all persons who come within the enactments affecting the relations between employer and employed should be considered servants of the Crown as well as those engaged in the government offices. The difference is plain: the law regulates all, the Government employs only some. The Crown appoints the Archbishop of Canterbury, but has no right to choose the President of the Wesleyan Conference; Parliament can deal with the salaries of the bishops, but cannot touch the stipend of a single Congregational minister.
There being no doubt that, if the people will, the Church can be disestablished, a further question remains, “Ought it to be so dealt with?” and the reply in the affirmative is based upon the lessons of the past, the experiences of the present, and the possibilities of the future.
The Church, though possessed of every advantage which high position and vast wealth could supply, has failed to be “national” in any true sense of the word. So far from embracing the whole people, it has gradually become but one of many sects; and, had it not been for the efforts of those who conscientiously dissented from its doctrines and its practice, a great portion of the religious life we see in England to-day would not have existed. Further, and from the time of its settlement on the present basis, it has been the consistent friend to the privileged classes, and foe to any extension of liberties to the mass of the people. In defence of its position and emoluments it has struck many a blow for despotism. The harassing and often bloody persecutions of Nonconformists and Roman Catholics in England and Wales, and of Covenanters and Cameronians in Scotland, were undertaken at its desire and in its defence; while the hardships and indignities inflicted for centuries upon the Catholics of Ireland were avowedly in support of “the Protestant interest”—a Protestantism of the Establishment, in which the Presbyterians were allowed little share. In its pulpits were found the most eloquent defenders of the English slave trade, which was from them declared to be “in conformity with principles of natural and revealed religion;” and when Romilly strove to lessen the horrors of the penal code, its bishops again and again came to the rescue of laws the disregard of which for the sanctity of human life can in these days scarcely be conceived. And when it was proposed to give to some extent the government of the country to the people whom it mainly concerned, it was the bishops who threw out the first Reform Bill.
At this present the efforts of the better men within the Establishment are hampered by the State connection. It cannot bring its machinery into harmony with the growing needs of the time without appealing to a Parliament in which orthodox and heterodox, Catholic and Atheist, Jew and Quaker, Unitarian and Agnostic sit side by side, and to which a Hindoo has twice narrowly escaped election. By a Prime Minister dependent upon the will of this body its bishops are chosen; by a Lord Chancellor equally so dependent are many of its ministers appointed. Because of the necessity for going to Parliament for every improvement, little improvement is made. Private patronage is left untouched; the scandal of the sale of livings remains unchecked; criminous clerks are often allowed to escape punishment because of the cumbrous methods now provided; and disobedient clergymen defy their bishops and go to prison rather than conform to discipline, the law which permits persistent insubordination and provides an unfitting penalty remaining unaltered because Parliament has too much to do to attend to the Church.
As to the future, things are likely to be worse instead of better. Then, as now, the connection between State and Church will injure both—the State because it is an injustice to all outside the Establishment that a single sect should be propertied and privileged by Parliament, and the Church because it is as a strong man in chains attempting to walk but only succeeding to painfully hobble.
In how many ways disestablishment would benefit the Church, let Dr. Ryle, Bishop of Liverpool, declare:—“(1) It would doubtless give us more liberty, and enable us to effect many useful reforms. (2) It would bring the laity forward into their rightful position, from sheer necessity. (3) It would give us a real and properly constituted Convocation. (4) It would lead to an increase of bishops, a division of dioceses, and a reconstruction of our cathedral bodies. (5) It would make an end of Crown jobs in the choice of bishops, and upset the whole system of patronage. (6) It would destroy all sinecure offices, and drive all drones out of the ecclesiastical hive. (7) It would enable us to make our worship more elastic, and our ritual better suited to the times.” True, the bishop adds that the value of these gains must not be exaggerated; but if disestablishment can do even as much good as this to the Church, it cannot be the bad thing some of its opponents would have us believe.