It cannot be ascertained how the new measure originated, but we may be sure that Government would not leave it to be dealt with by any private person. It formed part of a manifold scheme which must have had a single origin. The practice of holding Cabinet meetings—long regarded with jealousy by pedantic Constitutionalists—had commenced in the reign of Charles I. That businesslike and hard-working Monarch had, from time to time, drawn around him a few select members of his Privy Council, whom he assembled in his Cabinet, as it was called; and it appears that sometimes they had been obliged to register his absolute decrees, rather than by their advice to control his headstrong career. Charles II., idle and dissolute—in that respect the opposite of his father—held meetings of the same description, not that he might guide the helm, but often that he might sit on the quarter-deck, and laugh and joke with the officers, whilst they managed the ship very much as they pleased. The proposal of a new Law of Uniformity probably was made and discussed at one of these private conferences; and it also seems probable, that the proposal emanated from Lord Clarendon, who was, to all intents, Prime Minister.
1661.
In connection with the appointment of the Committee, the House recommended that the preparation of the Bill should be entrusted to the care of Serjeant Keeling. He had been engaged as Junior Counsel for the Crown on the trial of the Regicides, in 1660; and for his activity and zeal on that occasion, had attained to the distinction of the coif. He was subsequently entrusted with the prosecution of Hacker, Colonel of the Guard at the execution of Charles I. After the new Bill of Uniformity had passed, he conducted the prosecution of Sir Henry Vane, in 1662; and on each of these occasions approved himself to the ruling party, and especially to Clarendon, as a useful instrument. Created a puisne Judge in 1663, he subsequently rose to a Chief Justiceship, over the head of Sir Matthew Hale; and whilst on the bench manifested his devotedness to the Church, by fining a jury one hundred marks each, for acquitting a few poor people, who assembled on Sunday with Bibles without Prayer-books. He was a violent man, and had the character of being more fit to charge Roundheads under Prince Rupert, than to charge juries from the bench of justice.[266] When, at length, his arbitrary proceedings and a contemptuous allusion which he made to Magna Charta, brought him under the notice of Parliament, he escaped its condemnation, only by an act of obsequious submission.
The Bill prepared by this lawyer came before the Commons on the 29th of June, and was read a first time. The second reading followed on the 3rd of July. No account is preserved of the debate. History is as silent respecting what ensued within the walls of St. Stephen's after Keeling had expounded his measure, as it is silent relative to any discussion of the principle and details of the other Bills previously introduced for the re-institution of the Episcopalian Church. The Serjeant, perhaps, would deem it unnecessary to enter into a lengthened argument in favour of imposing some one form of religious worship upon the nation, since the desirableness of such uniformity was a forgone conclusion with almost all the members of the House. But would he not defend his proposal against the objections of Presbyterians? Would not they have something to advance during the proceedings? The wish to know what was said on either side seems altogether in vain.
1661.
Upon the second reading, the printed Prayer Book of Queen Elizabeth, not that of Edward, in 1552, was attached to the Bill, and a Committee was named to meet in the Star Chamber. They were directed, if the original book of Edward before specified, could not be found, to report upon the printed one of Elizabeth. No reference to the original book of Edward appears in the subsequent proceedings.[267] On the day when the Bill was committed, Serjeant Keeling, with Sir John Maynard, and another member, were ordered to prepare a measure for "calling in all seditious and schismatical books and pamphlets;" and the names of the members who had not taken the Lord's Supper were reported. The House with one hand thus exercised Church discipline, whilst with the other hand it was making Church law. Upon the 8th of July, Sir Edmond Peirce reported that several amendments had been agreed to; and upon the 9th, the "Bill for the Uniformity of Public Prayers and Administration of Sacraments" was read a third time and passed; and instead of a Prayer Book, printed in the reign of Elizabeth, another printed in the reign of King James (1604) "was, at the Clerk's table, annexed to the said Bill; part of the two prayers inserted therein, before the Reading Psalms, being first taken out, and the other part thereof obliterated."[268] This copy of the Prayer Book appears to have been attached to the Bill chiefly for the sake of form, as the Book had not yet been examined and revised by Convocation. That important business was not performed until the close of the year; and in the final stage of proceedings, before the Act of Uniformity passed, this scarcely altered volume was superseded by the revised one, which was fastened to the Bill as passed, and which will be described in the Appendix to this History.
Thus everything connected with the proceedings showed the utmost despatch; and upon Wednesday the 10th of July "the Bill for establishing the Book of Common Prayer was brought up to the Lords by a very great number of members of the House of Commons, to testify their great desire for the settlement of the Church of England."[269]
PROCEEDINGS OF PARLIAMENT.
The Bill as it left the Commons differed materially from the Act as it ultimately passed. Those differences will appear in the sequel.
Although the Bill reached the Upper House on the 10th of July, it did not come under discussion there for more than five months. This may be accounted for. Curious as it may seem, the Bill for Uniformity had passed the Commons before it had been decided what the Uniformity should be. New prayers were composed by Convocation before it broke up in July; but the revision of the Prayer Book by Convocation did not commence until the month of November, four months after the Bill had been sent up from the Commons. The Bill could not be completely carried before the revision was settled; and the Convocation did not accomplish that task until the end of the year. Another cause of delay is seen in the fact, that the Bishops were not restored to their seats until the 20th of November; and it was important, if not constitutionally essential, for them to take part in the decision of a question like this.