CHARLES, THIRD EARL STANHOPE.

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Nor did these terms contain anything like the extent of tyranny imposed on the conscience of the nation by these monarchs. By the 29 Elizabeth it was provided that what right or property any person might dispose of, or settle on any of his family, should still be liable to these penalties if the proprietor and disposer of them neglected to go to church. So that a son might be deprived of lands or other property settled upon him at his marriage, or at any other time, if his father ceased to attend church, though he himself went punctually; and by the 21 James I. the informers were stimulated by great rewards to lay complaints against all whom they could discover offending. And, moreover, any person was to be considered an absentee from church, and liable to all the penalties, who did not remain in church during the whole time of the service; and, also, not only on Sundays, "but upon all the other days ordained and used to be kept as holidays." All these odious enactments were left in force by the Toleration Act, except that they did not compel every one to go to church, but to some licensed place of worship.

Next came the enactments regarding fasting. By 5 Elizabeth every person who ate flesh on a fish day was liable to a penalty of three pounds; and, in case of non-payment, to three months' imprisonment. It was added that this eating of fish was not from any superstitious notion, but to encourage the fisheries; but by the 2 and 3 Edward VI. the power of inflicting these fish and flesh penalties was invested in the two Archbishops, as though the offence of eating flesh on fish days was an ecclesiastical offence. Lord Stanhope showed that the powers and penalties of excommunication were still in full force; that whoever was excommunicated had no legal power of recovering any debt, or payment for anything that he might sell; that excommunication and its penalties were made valid by the 5 Elizabeth and the 29 Charles II.; that by the 30 Charles II. every peer, or member of the House of Peers, peer of Scotland, or Ireland, or member of the House of Commons, who should go to Court without having made the declaration against transubstantiation, and the invocation of saints therein contained, should be disabled from holding any office, civil or military, from making a proxy in the House of Lords, or from sueing or using any action in law or equity; from being guardian, trustee, or administrator of any will; and should be deemed "a Popish recusant convict." His Lordship observed that probably the whole Protestant bench of bishops were at that moment in this predicament, and that he had a right to clear the House of them, and proceed with his Bill in their absence. He next quoted the 1st of James I., which decreed that any woman, or any person whatever under twenty-one years of age, except sailors, ship-boys, or apprentices, or factors of merchants, who should go over sea without a licence from the king, or six of his Privy Council, should forfeit all his or her goods, lands, and moneys whatever; and whoever should send such person without such licence should forfeit one hundred pounds; and every officer of a port, and every shipowner, master of a ship, and all his mariners who should allow such person to go, or should take him or her, should forfeit everything they possessed, one half to the king, and the other half to the person sueing.

To all this his Lordship had to add various specimens of the Canons. By the 3rd, every one asserting that the Church of England was not a true apostolical church should be excommunicated. The 4th and 5th excommunicated all who declared that there was anything contrary to sound Scripture in the form of worship of the Church of England, or anything superstitious or erroneous in the Thirty-Nine Articles. The 65th enjoined all ordinaries to see that all offenders, under the different Acts here enumerated, should be cited and punished according to statute, or excommunicated. The 72nd forbade, under pain of excommunication, all ministers, without licence of the bishop, to attempt, upon any pretence whatever, to cast out any devil or devils, under pain of deposition from the ministry. The 73rd made it a subject of excommunication that any priest or minister should meet with other persons in any private house or elsewhere to consult upon any canon, etc., which may tend to impeach or deprave the doctrine, the Book of Common Prayer, or any part of the discipline and government of the Church of England; and by the 115th, all churchwardens are enjoined to make presentments of offenders in any of these particulars; and all judges, magistrates, etc., are bound to encourage, and not to discourage, all such presentments. Lord Stanhope observed that the Court of King's Bench, in 1737, had decided that these Canons, not having ever received the sanction of Parliament, were not binding on the laity; and he contended that the ratification of them by James I., not being authorised by the original statute, the 25th of Henry VIII., made them as little binding on the clergy. He had not, therefore, included the Canons in his Bill. He took care, too, to except Catholics from the benefit of the Bill; neither was the Bill to repeal any part of the Test and Corporation Acts, nor the 12th and 13th of William III., "for the better securing the rights and liberties of the subject." He finally showed that these fierce and persecuting Acts were not become utterly obsolete; they were ever and anon revived, and might, any of them, be acted upon at any moment. It might reasonably have been supposed that the bishops would have supported the Bill unanimously; that they would have been glad to have all such evidences of the odious means by which their Church had been forced on the people, swept out of the Statute-book and forgotten. No such thing. The Archbishop of Canterbury declared, if Dissenters were allowed to defend their principles, the atheist and the theist might be allowed to defend theirs. But Bishop Horsley, then of St. David's, was the chief speaker against the repeal of these precious laws. He declared that this repeal would level every bulwark of the Church; that "the Christian religion would not remain in any shape, nor, indeed, natural religion!" It is needless to say that the Bill was rejected; it could not attain even to a second reading.

Undaunted by this display of prelatical bigotry, Lord Stanhope immediately gave notice of a Bill to prevent a tyrannical exercise of severity towards Quakers, whose principles did not permit them to pay tithes, church-rates, or Easter offerings; this he did on the 3rd of July of the same year. By the 7 and 8 William III. two justices of peace could order a distress on a Quaker for tithes under the value of ten pounds; and by 1 George I. this power was extended to the non-payment of Easter and other dues; but his Lordship showed that of late the clergy had preferred to resort to an Act of Henry VIII., a time when Quakers did not exist, which empowered the clergy, by warrant from two justices of peace, to seize the persons of the defaulters and throw them into prison, where, unless they paid the uttermost farthing, they might remain for life. Thus the clergy of the eighteenth century in England were not satisfied with the humane enactments of William III. or George I., by which they could easily and fully obtain their demands, but they thirsted for a little vengeance, a little of the old enjoyment of imprisoning and tormenting their neighbours, and therefore went back to the days of the brutal Henry VIII. for the means. They had, two months before, thrown a Quaker of Worcester into gaol for the non-payment of dues, so called, amounting to five shillings, and there was every prospect that he might lie there for life. At Coventry six Quakers had lately been prosecuted by the clergyman for Easter offerings of the amount of fourpence each; and this sum of two shillings amongst them had, in the ecclesiastical court, been swelled to three hundred pounds. For this three hundred pounds they were cast into prison, and might have lain there for life, but being highly respected by their townsmen, these had subscribed the money and let them out. But this, his Lordship observed, would prove a ruinous kindness to the Quakers, for it would whet the avarice of the clergy and proctors to such a degree that the people of that persuasion would everywhere be hunted down without mercy for small sums, which might be recovered at once by the simple process of distraint. He declared that he would have all clerical demands satisfied to the utmost, but not by such means, worthy only of the dark ages; and he therefore, in this Bill, proposed the repeal of the obnoxious Act of 27 Henry VIII. But the glutting of their vengeance was too precious to the clergy of this period, and the Bill was rejected without a division.

The benevolent exertions of Lord Stanhope on behalf of the Society of Friends were, in 1796—that is, six years later—revived in the House of Commons by Mr. Serjeant Adair. He stated that seven of the people called Quakers were prisoners in the gaol at York for not paying tithes, and unless some alteration in the laws on that subject took place, they might lie there till they died. In fact, one of these Friends, named Joseph Brown, did die in the prison, and his death is the subject of a poem by James Montgomery. Mr. Serjeant Adair moved, on the 26th of April, for leave to bring in a Bill to extend the provisions of the Act 7 and 8 William III., by which tithes could be recovered by distraint when amounting to ten pounds, to tithes of any amount. Wilberforce, Pitt, Dolben, and others, usually opposed to concessions, spoke in favour of the Bill. Sir Philip Francis only opposed it on the ground that the petitioners probably did not entertain any serious objection to paying tithes, but only wanted to look like martyrs. The Bill went on swimmingly till it was about going into committee, on the 10th of May, when Francis rose again. A new light had burst upon him. He said that he had learnt that the Bill did not proceed from the suffering individuals, but from the yearly meeting of the Society itself—as if that were any solid objection, and as if a measure ought not to come with more weight from a whole suffering community than from a few individuals! The Bill readily passed the Commons, but no sooner did it appear in the Lords than the Bishops fell foul of it. The Archbishop of Canterbury saw danger to the Church in it, and moved that it be read that day three months, and this was carried. Thus the Bill was lost for that Session. Adair brought in a fresh Bill for the same object, into the new Parliament, in October, but this was thrown out.

Man and woman of middle class Parson Lady and gentleman Labourer and wife