To add to their confusion Convocation met in February (1559) and forwarded to the bishops for presentation to the queen a strong document, in which the clergy without a dissentient voice affirmed their belief in the Real Presence, Transubstantiation, the sacrificial character of the Mass, Roman supremacy and the inability of laymen to legislate regarding the doctrines, discipline, or sacraments of the Church.[5] This judgment of Convocation though hardly unexpected was a deadly blow struck against the government measures, showing as it did that if Parliament undertook a new religious settlement it must do so on its own responsibility and against the wishes of the ecclesiastical authorities. The difficulties against the two bills were so great that when Easter arrived the work upon which the queen and her advisers had set their hearts was still incomplete. The Bill of Uniformity of belief had been rejected, and though the Royal Supremacy Bill had passed the two Houses in modified form it had not yet reached the statute book. The inconvenience of according the title of supreme head of the Church to a woman was disliked by many, and was distasteful even to Elizabeth herself.
Parliament was prorogued for a few weeks at Easter, and recourse was had to a clever expedient to win popular sympathy for the measures. A disputation was arranged to take place between the bishops and the Protestant exiles. Cecil took care that both in regard to the subjects to be discussed and the manner of procedure the latter party should have every advantage. The questions were the use of English or Latin in the religious services, the authority of particular churches to change their rites and ceremonies, and the propitiatory character of the Mass. The Catholic representatives were to open the discussion each day, but the last word was always reserved for the Reformers. From the very beginning it was clear that the dice had been loaded against the defenders of the old faith, and on the second day the Catholic party refused to continue the discussion.[6] Their refusal, however justified it may have been in the circumstances, could not fail to make a bad impression. It was seized upon by their opponents to show that the supporters of Rome had disobeyed the queen, had quailed before the apostles of the new religion, and that, therefore, even though they were bishops, they could not be regarded as trustworthy guides in matters of religion. The Bishops of Winchester and Lincoln were arrested because they refused to continue the disputation, and by their arrest the Catholic peers were deprived of two votes in the House of Lords at a time when the fate of the old religion was trembling in the balance.
When Parliament re-assembled the queen announced her intention of refusing the title of supreme head of the Church, and requested the House "would devise some other form with regard to the primacy or supremacy." A new bill conceding to the sovereign the title "supreme governor" was introduced, but met with as strong opposition from the bishops as its predecessors, and was passed against their unanimous wishes. The Act of Uniformity, commanding the use of the Second Book of Common Prayer with a few alterations, met with even a worse reception, as several of the laymen joined the bishops in their resistance, and in the end it was carried only by a majority of three. Had the imprisoned bishops been free to cast their votes against the measure, or had the lay peers who disliked it had the courage to be present in their places at the division the whole course of English history might have been altered.[7] As it was a religious revolution had been effected. The Mass, Transubstantiation, the Real Presence and Roman supremacy, all of which had been accepted without contradiction from the days of St. Augustine till the reign of Henry VIII., were abolished and a new church established that bore but a faint resemblance to the old. And what was more extraordinary still, all this was done solely by an assembly of laymen, against the wishes and appeals of the united episcopate and against the practically unanimous judgment of Convocation. "The Church of England as by law established" is a parliamentary institution set up and shaped by Parliament in the beginning, and dependent upon Parliament ever since for guidance and protection.
By the Act of Supremacy the queen was declared to be supreme governor of the Church in England; all foreign jurisdiction was abolished; a body of commissioners was to be appointed to administer the oath of supremacy and to carry on ecclesiastical functions in the name of the queen; officials who refused to take the oath were to be deprived, and penalties varying from fines to death were to be imposed on those who were unwilling to accept the law. By the Act of Uniformity the English service, as contained in the Second Book of Common Prayer with some slight alterations, was made obligatory on all clergymen, as was attendance at this service on all laymen. The Act was to be enforced by the spiritual authorities under threat of excommunication against offenders, and by the civil authorities by the infliction of fines or imprisonment.
A royal commission was appointed (1559) to administer the oath of supremacy to the clergy, and to enforce the provisions of the Act of Uniformity. As was to be expected, the attention of the commissioners was directed immediately to the bishops. If some of them could be induced to submit—and the government was not without hope in this direction—their submission would produce a good impression on the country; but if on the contrary they persisted in their attachment to the Mass and their obedience to the Pope, they must be removed to make way for more trustworthy men. To their credit be it said, when the oath of supremacy was tendered to the bishops they refused with one exception to abandon the views they had defended with such skill and bravery in the House of Lords, and preferred to suffer imprisonment and deprivation rather than lead their people into error by submission. Bishop Kitchin of Llandaff had opposed royal supremacy for a time. The Spanish ambassador reported to his master that he was about to follow the example of his brethren, but in the end he submitted and consented to administer the oath to his clergy.[8] The religious communities, the Observants, the Carthusians, the Dominicans, the Benedictines, and the few communities of nuns that had re-established houses in England during the reign of Queen Mary, were suppressed; their property was seized according to an Act passed in the late Parliament, and many of the monks and nuns were obliged to depart from the kingdom. The commissioners proceeded through England administering the oath to the clergy, a large percentage of whom seems to have submitted. From the returns preserved it is difficult to estimate accurately what number of the clergy consented to acknowledge the supremacy of the queen or to abandon the Mass, but it is certainly not true to say that out of 9,000 beneficed clergymen in England at the time only about 200 refused the oath. On the one hand, the disturbances during the reigns of Henry VIII. and Edward VI. had reduced considerably the number of priests in England, while on the other, the fact that several clergymen did not put in an appearance before the commission, that others were allowed time to reconsider their views, and that not even all those who obstinately refused the oath were deprived, shows clearly that the lists of deprivations afford no sure clue to the number of those who were unwilling to accept the change. It is noteworthy that the greatest number of refusals were met with amongst the higher officials or dignitaries of the Church, the deans, archdeacons, and canons, who might be expected to represent the best educated and most exemplary of the clergy of their time in England. In the universities, too, the commissioners met with the strongest resistance. Several of the heads of the colleges, both in Cambridge and Oxford, the fellows and the office-bearers, either were deprived or fled, and men of the new school were appointed to take their places. But notwithstanding all the government could do, the universities, and particularly Oxford, continued during the greater part of the reign of Elizabeth to be centres of disaffection.[9]
The complete extinction of the old hierarchy by death, deprivation and imprisonment, left the way open for the appointment of bishops favourable to the religion. Matthew Parker, who had been chaplain to Anne Boleyn and who had lived privately since he was removed from the deanship of Lincoln on account of his marriage, was selected to fill the Archbishopric of Canterbury, left vacant since the death of Cardinal Pole. The royal letters of approval were issued in September, and the mandate for his consecration was addressed to Tunstall of Durham, Bourne of Bath and Wells, Poole of Peterborough, Kitchin of Llandaff, together with Barlow and Scory. The three former, however, refused to act, and apparently even Kitchin was unwilling to take any part in the ceremony. New men were then sought, and found in the persons of Barlow, Coverdale, Scory, and Hodgkin. But even still grave legal difficulties barred the way. The conditions for the consecration of an archbishop laid down by the 25th of Henry VIII., which had not been repealed, could not be complied with owing to the refusal of the old bishops, and besides the use of the new Ordinal of Edward VI. without a special Act of Parliament for its revival was distinctly illegal; but the situation was so serious that Elizabeth's advisers urged her to make good the illegalities by an exercise of her royal authority. In the end the consecration of Parker was carried out in the chapel of Lambeth Palace on the morning of the 17th December, 1559. The story of the Nag's Head is a pure legend used by controversialists for impugning the validity of Anglican Orders. As a matter of fact the main argument against these Orders is drawn neither from the fable of the Nag's Head nor from the want of episcopal orders in the case of Barlow, the consecrator of Parker, though his consecration has not been proved, but from the use of a corrupt form, which was then as it is now rejected as insufficient by the Catholic Church, and from the want of the proper intention implied both by the corruption of the form and by the teaching of those who corrupted it.[10] Once the difficulty about Parker's consecration had been settled other bishops were appointed by the queen, and consecrated by the new archbishop, so that before March 1560 good progress had been made in the establishment of the new hierarchy in England.
With the establishment of the ecclesiastical commission (1559) to search out and punish heresy and generally to carry out the provisions of the Supremacy Act, and with the appointment of new bishops (1559- 60) the work of reforming the faith of England was well under way. Still the new bishops were confronted with grave difficulties. From the reports of the Spanish ambassador, who had exceptional opportunities of knowing the facts but whose opinions for obvious reasons cannot always be accepted, the great majority of the people outside London were still Catholic, and even in London itself the adherents of the old faith could not be despised. Quite apart, however, from his reports, sufficient evidence can be adduced from the episcopal and official letters and documents to show that the change was not welcomed by a great body in the country. As the best means of enforcing the Act of Supremacy and the Act of Uniformity a visitation of both provinces was arranged. In London Masses were still celebrated, and attended by great multitudes; in Canterbury itself within sight of the archiepiscopal palace public religious processions were carried out. In Winchester, where the memory of Gardiner was still cherished, many of the clergy refused to attend the visitation; the laymen were discreetly absent when their assent was required; the churches were deserted and even the people attending the cathedral "were corrupted by the clergy." In Hereford Bishop Scory described his cathedral, "as a very nest of blasphemy, whoredom, pride, superstition, and ignorance;" the justices threw every obstacle in the way of his reforms; fasts and feasts were observed as of old; and even the very butchers seemed leagued against him, for they refused to sell meat on Thursdays. In Bath and Wells many of the justices were openly disobedient, and even the people who conformed outwardly could not be relied upon. In Norwich, Ely, Salisbury and Chichester "Popery" was still strong amongst the clergy, people, and officials. At Eton it was necessary to expel the provost and all the teachers except three before the college could be reduced to subjection, and at Oxford the visitors were driven to admit, that if they expelled the fellows who refused to subscribe, and the students who would have no religious service except the Mass, the houses would be deserted. In the northern provinces where the visitation did not begin till some time later it was discovered that matters were still worse. The principal noblemen were openly Catholic, and many of the magistrates denied that they had ever heard of the Act of Supremacy, while others of them "winked and looked through their fingers." In York the diocese was in a state of anarchy; in Carlisle the bishop confessed that he could not prevent the public celebration of the Mass; in Durham the bishop wrote that he found himself engaged in a conflict with wild beasts even more savage than those which had confronted St. Paul at Ephesus. To make matters worse it was reported that public sympathy was on the side of the recusants, and that hopes were being expressed by many that the present advisers of her Majesty might soon be displaced, even though it were necessary to have recourse to France or Spain.[11]
Nor was it merely from the side of the Catholics that the bishops and the government anticipated serious danger. The men, who, like Hooper, objected to the Edwardine settlement as not being sufficiently extreme, had approached more closely to Calvinism in doctrine and in ritual during their enforced sojourn at Frankfurt and Geneva. They were enthusiastic in their praise of Elizabeth for her attacks upon Rome, but they found fault with her religious programme as flavouring too much of idolatry and papistry. They objected to crosses, candles, vestments, copes, blessings, and much of the old ritual that had been retained in the Book of Common prayer, and insisted that, until religion had been brought back to a state of scriptural purity, the English people should not rest satisfied. Whatever sympathy some of the English political advisers may have had with the Puritans in theory they had no intention of yielding to their demands, as such a policy would have stirred up all the latent Catholicity in the country. The official church "as by law established" was to be a church for the nation, standing midway between Rome and Puritanism, a kind of compromise between both extremes. Elizabeth was determined to put down Puritanism, irreverence, and unlicensed preaching with a heavy hand. As a foretaste of what the champions of innovation might expect, much to the disgust of the archbishop, she struck a blow at the married clergy by ordering the removal of women and children from the enclosures of colleges and cathedrals (1561).
It cannot be said that it was the opposition of Rome to her accession that forced Elizabeth to establish a national church. Paul IV., whose undiplomatic and imprudent proceedings had caused such grave embarrassment to her predecessor, made no protest against the recognition of Elizabeth's claims, although he was urged to do so by France. The same attitude of friendly reserve was maintained by his successor Pius IV. (1559-65).[12] Shortly after his consecration he addressed a kindly letter to Elizabeth exhorting her to return to the bosom of the Church.[13] His envoy was not allowed, however, to enter England, nor had another envoy, dispatched in 1561 to invite the queen and the English bishops to take part in the Council of Trent, any better success. Though Elizabeth discussed the matter with the Spanish ambassador and even made preparations for the reception of the papal envoy, the necessary safe conducts were not forwarded to Flanders, and in the end a notification was sent that the papal messenger could not be received, nor would the English bishops attend the Council of Trent. Possibly owing to the friendly attitude of the Pope, rumours were put in circulation that he was not unwilling to accept the new English Book of Common Prayer if Elizabeth would consent to acknowledge the supremacy of Rome. That there was never the least foundation for such a statement is now generally admitted, but at the time it helped to confirm many Catholics in the view that to escape fines and punishment it was lawful for them to attend the English service, particularly as they took care to assist at Mass in secret and made it clear both by their actions and demeanour that their presence at the new religious rite was not voluntary. Others, however, refused to follow this opinion, and in order to put an end to the dissensions that had arisen a petition was drawn up and forwarded to the Pope requesting him for permission to attend Common Prayer, but, though the request was supported by the Spanish ambassador, the permission was refused (1562).
Elizabeth's second Parliament (1563) met at a time when the downfall of the Huguenots to whom England had furnished assistance, the failure of a plot entered into by the nephews of Cardinal Pole for the overthrow of Elizabeth's government, and the reports from the ecclesiastical commissioners and the bishops, showing as they did that contempt for the Acts of Supremacy and Uniformity was still strong, made it necessary to undertake more repressive measures against the Catholics. An Act was passed entitled, "an Act for the assurance of the queen's royal power" commanding that the oath of supremacy should be administered to members of the House of Commons, schoolmasters, tutors, attorneys, and all who had held any ecclesiastical office during the reigns of Elizabeth, Mary, Edward VI. or Henry VIII., and to all who manifested their hostility to the established religion by celebrating Mass or assisting at its celebration. Refusal to take the oath when first tendered was to be punished by forfeiture and life imprisonment, and on the second refusal the penalty was to be a traitor's death. Had such an Act been enforced strictly it would have meant the complete extirpation of the Catholics of England, but Elizabeth, having secured a weapon by which she might terrorise them, took care to prevent her bishops from driving them to extremes by a close investigation of their opinions regarding royal supremacy. Fines and imprisonment were at this stage deemed more expedient than death.