POLITY, the rules by which churches are governed, as to their spiritual concerns. The reformers having renounced the pope as antichrist, and having laid it down as their fundamental principle, that Scripture is the only rule of faith, and that it is the privilege of every man to interpret it according to his own judgment, had to consider in what manner the churches which they had formed were to be regulated; and there soon arose among them upon this point diversity of sentiment. Melancthon and the earliest reformers viewed with veneration the hierarchy which had so long subsisted, as also many of the ceremonies which for ages had been observed; and they expressed their readiness to continue that distinction of pastors which their researches into the history of the church had enabled them to trace back to the early ages of Christianity. But while they declared in favour of this form of ecclesiastical polity, they did so, not upon the ground that it was of divine institution, or positively required by the author of Christianity as inseparable from a church; but on the ground, that taking into estimation every thing connected with it, it appeared to them eminently adapted to carry into effect that renovation of piety, and that religious influence, which they were so eager to promote. They thus made ecclesiastical polity a matter of expediency, or of prudential regulation; the one thing in their view, binding upon all Christians, being to strengthen the practical power of religion. That this is a just representation of the state of opinion among the first Protestants, will be placed beyond a doubt by a few quotations from the confession of Augsburg, and from the works of some of the most eminent divines who then flourished. Speaking of this subject, the compilers of the ...confession declare, “that they were most desirous to preserve the ecclesiastical polity, and those degrees in the church which had been introduced by human authority, knowing that, for wise and good purposes, the discipline, as described in the canons, had been introduced by the fathers.” “We wish,” they add, “to testify that we would willingly preserve the ecclesiastical and canonical polity, if the bishops would cease to act with cruelty against our churches.” And once again they remark, that they had often declared that they venerated not only the ecclesiastical power which was instituted in the Gospel, but that they approved of the ecclesiastical polity which had subsisted, and wished, as much as was in their power, to preserve it. It is quite plain from these passages, that the framers of that confession, and those who adhered to it as the standard of their faith, viewed ecclesiastical polity as a matter of human appointment; and that, although they venerated that form of it which had long existed, they looked upon themselves as at liberty, under peculiar circumstances, to depart from it. The truth, accordingly, is, that a great part of the Lutheran churches, as we shall afterward find, did introduce many deviations from that model for which their founders had expressed respect and admiration; although episcopacy was in several places continued.
In consequence, however, of the exertions of Calvin, what were denominated the reformed churches deemed it expedient wholly to change this form of polity, and to introduce again the equality among pastors which had existed in the primitive times. That celebrated theologian, resting upon the undisputed fact, that in the Apostolic age no distinction subsisted between bishops and presbyters, thought himself at liberty to frame a system of polity upon this principle, persuaded that, by doing so, he would most effectually guard against those abuses that had given rise to the Papal tyranny which Protestants had abjured. He accordingly introduced his scheme where he had influence to do so; and he employed all the vigour of his talents in pressing upon distant churches the propriety of regulating, in conformity with his sentiments, their ecclesiastical government. But, while he was firmly persuaded that an equality among pastors was agreeable to the Apostolic practice, he has shown that he did not conceive this equality to be so absolutely required by Scripture, that there could in no case be a departure from it. He was, in fact, convinced that all the purposes of religion might be accomplished under a form of polity in which it was not recognised: “Wherever,” he says, “the preaching of the Gospel is heard with reverence, and the sacraments are not neglected, there at that time there is a church.” Speaking of faithful pastors, he describes them to be “those who by the doctrine of Christ lead men to true piety, who properly administer the sacred mysteries, and who preserve and exercise right discipline.” In tracing the progress of the hierarchy, he observes, that “those to whom the office of teaching was assigned were denominated presbyters; that to avoid the dissensions often arising among equals, they chose one of their number to preside, to whom the title of bishop was exclusively given; and that the practice, as the ancients admitted, was introduced by human consent, from the necessity of the times.” That this exaltation of the bishop, and, of course, this departure from parity, did not, in his estimation, render the church unchristian, is apparent from what he says of it after the change was introduced: “Such was the severity of these times, that all the ministers were led to discharge their duty as the Lord required of them.” Even after archbishops and patriarchs had arisen, he merely says, in recording their introduction, “This arrangement was calculated to preserve discipline.”
What Calvin thus taught in his “Institutes,” he confirmed in many of the interesting letters which he wrote to various eminent persons. In these letters he speaks with the highest respect of the church of England, where the distinction of clerical orders was preserved. He corresponds with the highest dignitaries of that church in a style which he assuredly would not have adopted, had he considered them as upholding an antichristian polity; and he repeatedly avows the principle, that, in regulating the government of the church, attention must be paid to the circumstances in which its members were placed. Beza, who was warmly attached to presbytery, and who upon every occasion, strenuously defended it, still admits that the human order of episcopacy was useful, as long as the bishops were good; and he professes all reverence for those modern bishops who strive to imitate the primitive ones in the reformation of the church according to the word of God: adding that it was a calumny against him, and those who entertained his sentiments, to affirm, as some had done, that they wished to prescribe their form of government to all other churches. In the excellent letter which he addressed to Grindal, bishop of London, and in which he pleads the cause of those ministers who scrupled to use the ceremonies which their brethren approved, he bears his testimony to the conformity of the church of England in doctrine with his church, expresses himself with the highest respect of the prelate to whom he was writing, and concludes by asking his prayers in his own behalf, and in that of the church of Geneva; all of which is quite inconsistent with the tenet, that presbytery is absolutely prescribed by divine authority.
The same general principle was avowed by the most eminent English divines. Cranmer explicitly declared, that bishops and priests were of the same order at the commencement of Christianity; and this was the opinion of several of his distinguished contemporaries. Holding this maxim, their support of episcopacy must have proceeded from views of expediency, or, in some instances, from a conviction which prevailed very generally at this early period, that it belonged to the supreme civil magistrate to regulate the spiritual no less than the political government; an idea involving in it that no one form of ecclesiastical polity is of divine institution. At a later period, during the reign of Queen Elizabeth, we find the same conviction, that it was no violation of Christianity to choose different modes of administering the church. Archbishop Whitgift, who distinguished himself by the zeal with which he supported the English hierarchy, frequently maintains, that the form of discipline is not particularly, and by name, set down in Scripture; and he also plainly asserts, “that no form of church government is, by the Scriptures, prescribed or commanded to the church of God.” This principle is admirably illustrated and confirmed by the venerable Hooker, in the third book of his work on ecclesiastical polity; and another divine of the English church, who lived about the same period, has laid down what he conceives to be an unquestionable position, “that all churches have not the same form of discipline; neither is it necessary that they should, because it cannot be proved that any particular form of church government is enjoined by the word of God.” We have, indeed, a succession of testimonies from the introduction of the reformation down through the reign of Elizabeth,--testimonies given by the primates, and bishops, and theologians, who have been venerated as the luminaries of the church of England, that the divine right or institution of episcopacy constituted no part of their faith; and this is confirmed by their correspondence with reformed divines, who did not live under the episcopal model, but who, notwithstanding, were often consulted as to the ecclesiastical arrangements which the convocation should adopt. The same general sentiment is to be traced in those churches which had reverted to the primitive equality among the ministers of Christ. In the second Helvetic confession, which was approved by many churches, it is taught, that bishops and presbyters in the beginning governed the church with equal power, none exalting himself above another; the inequality which soon was introduced originating from the desire of preserving order. Various passages from Cyprian and Jerom are quoted in confirmation of this; and the article thus concludes: “Wherefore no one can be lawfully hindered from returning to the ancient constitution of the church of God, and to adopt it in preference to what custom has introduced.” Had the compilers believed that this ancient constitution was of divine obligation, they would have expressed themselves much more strongly with respect to it; and instead of representing the return to it as what ought not to be hindered, they would have enjoined it, as what it was a violation of the law of God to neglect.
The reformation in Scotland, conducted by Knox, who had spent a considerable part of his life at Geneva, and who had imbibed the opinions of Calvin, proceeded upon those views of polity which that reformer had adopted. Still, however, he authorized a modification of these opinions, accommodated to the state of his native country; for although the title of bishop was not used, superintendents, with powers little inferior to those committed to prelates in England, were sanctioned by the first Book of Discipline; and these superintendents were classed, in the acts of different general assemblies, among the necessary ministers of the church. The necessity must have arisen out of the circumstances of the period when the book was framed; for the polity which it prescribed was said to be only for a time; and the office of superintendent, as has been strenuously urged by some of the most zealous defenders of presbytery, was not intended to be permanent. The Lutheran church, with the exception of those branches of it established in Denmark and Sweden, has adopted a kind of intermediate constitution between episcopacy and presbytery. While it holds that there is no divine law creating a distinction among ministers, it yet contends that such a distinction is on many accounts expedient; and accordingly a diversity in point of rank and privileges has been universally introduced, approaching in different places, more or less, to the hierarchy which subsisted before the reformation. But, although it has thus regulated its own practice, it unambiguously admits, that as the Gospel is silent as to any particular form of polity, different forms may be chosen, without any breach of Christian union.
It appears from the statement which has now been given, that all Protestants immediately after the reformation, while they abjured the papal supremacy, were united in holding that the mode of administering the church might be varied, some of them being attached to episcopacy, others to presbytery; but all founding this attachment upon the judgment which they had formed as to the tendency or utility of either of these modes of government. An idea soon was avowed by some of the reformers, that the whole regulation of the church pertained to the magistrate; this branch of power being vested in him no less than that of administering the civil government; and to this opinion the name of Erastianism, from Erastus, who first defended it, was given. Cranmer, in an official reply which he made to certain questions that had been submitted for his consideration, declared, “that the civil ministers under the king’s majesty be those that shall please his highness for the time to put in authority under him; as, for example, the lord chancellor, lord great master, &c; the ministers of God’s word under his majesty be the bishops, parsons, vicars, and such other priests as be appointed by his highness to that ministration; as, for example, the bishop of Canterbury, &c. All the said officers and ministers, as well of the one sort as the other, be appointed, assigned, and elected in every place by the laws and orders of kings and princes.” By the great majority of Protestants, however, the tenets of Erastus were condemned; for they maintained that the Lord Jesus had conveyed to his church a spiritual power quite distinct from the temporal; and that it belonged to the ministers of religion to exercise it, for promoting the spiritual welfare of the Christian community. But, while they disputed as to this point, they agreed in admitting there was no model prescribed in the New Testament for a Christian church, as there had been in the Mosaical economy for the Jewish church; and that it was a branch of the liberty of the disciples of Christ, or one of their privileges, to choose the polity which seemed to them best adapted for extending the power and influence of religion.
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ECCLESIASTICAL COMMISSION. This is a standing commission invested with very important powers, under the operation of which extensive changes have been made in the distribution of the revenues of the Church of England. It was one of the results of the vigorous movements for the reform of public institutions which followed the Reform Act of 1832. In 1835 two commissions were appointed “to consider the state of the several dioceses of England and Wales, with reference to the amount of their revenues and the more equal distribution of episcopal duties, and - the prevention of the necessity of attaching by commendam to bishoprics certain benefices with cure of souls; and to consider also the state of the several cathedral and collegiate churches in England and Wales, with a view to the suggestion of such measures as might render them conducive to the efficiency of the established church, and to provide for the best mode of providing for the cure of souls, with special reference to the residence of the clergy on their respective benefices.” And it was enacted by 5 and 6 Will. IV. c. 30 that during the existence of the commission the profits of dignities and benefices without cure of souls becoming vacant should be paid over to the treasurer of Queen Anne’s Bounty. In consequence of the recommendation of these commissioners, a. permanent commission was appointed by 6 and 7 Will. IV. c. 77, for the purpose of preparing and laying before the king in council such schemes as should appear to them to be best adapted for carrying into effect the alterations suggested in the report of the original commission and recited in the Act. The new commission was constituted a corporation with power to purchase and hold lands for the purposes of the Act, notwithstanding the statutes of ...mortmain. The first members of the commission were the two archbishops and three bishops, the lord chancellor and the principal officers of state, and three laymen named in the Act. By a later Act (3 and 4 Vict. c. 113) all the bishops, the chiefs of the three courts at Westminster, the master of the Rolls, and the judges of the Prerogative Court and Court of Admiralty, and the deans of Canterbury, St Paul’s, and Westminster were added to the commission; and power was given to the crown to appoint four, and the archbishop of Canterbury to appoint two additional lay commissioners. The lay commissioners are required to be “members of the United Church of England and Ireland, and to subscribe a declaration to that effect.” Five are a quorum; but two bishops at least must be present at any proceeding under the common seal of the commission, and if only two are present they can demand its postponement to a subsequent meeting. Paid commissioners, under the title of church estates commissioners, are also appointed—two by the crown and one by the archbishop of Canterbury. These three are the joint treasurers of the commission, and constitute, along with two members appointed by the commission, the church estates committee, charged with all business relating to the sale, purchase, exchange, letting, or management of any lands, tithes, or hereditaments. The commission has power to make inquiries and examine witnesses on oath. The schemes of the commission having, after due notice to persons affected thereby, been laid before the Queen in Council, may be ratified by orders, specifying the times when they shall take effect, and such orders when published in the London Gazette have the same force and effect as Acts of Parliament.
The recommendations cf the commission recited in 6 and 7 Will. IV. c. 97 are too numerous to be given here. They include an extensive re-arrangement of the dioceses, equalization of episcopal income, providing residences, &c. By 3 and 4 Vict. c. 113 the fourth report of the original commissioners, dealing chiefly with cathedral and collegiate churches, was carried into effect, a large number of canonries being suspended, and sinecure benefices and dignities suppressed.
The emoluments of these suppressed or suspended offices, and the surplus income of the episcopal sees, constitute the fund at the disposal of the commissioners. By 23 and 24 Vict. c. 124, on the avoidance of any bishopric or archbishopric, all the land and emoluments of the see, except the patronage and lands attached to houses of residence, become, by Order in Council, vested in the commissioners, who may, however, reassign to the see so much of the land as may be sufficient to secure the net annual income named for it by statute or order. All the profits and emoluments of the suspended canonries, &c., pass over to the commissioners, as well as the separate estates of those deaneries and canonries which are not suspended. Out of this fund the expenses of the commission are to be paid, and the residue is to be devoted to increasing the efficiency of the church by the augmentation of the smaller bishoprics and of poor livings, the endowment of new churches, and employment of additional ministers.
The substitution of one central corporation for the many local and independent corporations of the church, so far at least as the management of property is concerned, was a constitutional change of great importance, and the effect of it has undoubtedly been to correct the anomalous distribution of ecclesiastical revenues by equalizing incomes and abolishing sinecures. At the same time it is regarded as having made a serious breach in the legal theory of ecclesiastical property. “The important principle,” says Cripps, “on which the inviolability of the church establishment depends, that the church generally possesses no property as a corporation, or which is applicable to general purposes, but that such particular ecclesiastical corporation, whether aggregate or sole, has its property separate, distinct, and inalienable, according to the intention of the original endowment, was given up without an effort to defend it” {Law Relating io the Church and Clergy, p. 46).
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ECCLESIASTICAL LAW generally means the law of the church, in countries where an established religion is recognized by the state, but in a more general sense it would include the whole body of the law relating to religion. It is in this sense that the phrase is used by American lawyers, and it is only in this sense that it can be used of Ireland since the disestablishment of the state church in that country. The relation of the ecclesiastical law to the rest of the law, especially in respect of legislation and judicature, is one of the most important points in the constitution of a country. Where the Roman Catholic religion is recognized by the state the jurisprudence of the canon law prevails, but the relations between the Papal See and the state are governed by special conventions, or concordats. See Canon Law.
The ecclesiastical law of England is remarkable for its complete dependence upon the authority of the state. The Church of England cannot be said to have a corporate existence nor even a representative assembly. The Convocation of York and the Convocation of Canterbury are provincial assemblies possessing no legislative or judicial authority. The ecclesiastical judicatories are for the most part officered by laymen, and the last court of appeal is the Judicial Committee of the Privy Council. In like manner changes in the ecclesiastical law are made directly by Parliament in the ordinary course of legislation, and in point of fact a very large portion of the existing ecclesiastical law consists of Acts of Parliament....
The sources of the ecclesiastical law of England are thus described by the leading text-writer on this subject: — “The ecclesiastical law of England is compounded of these four main ingredients—the civil law, the canon law, the common law, and the statute law. And from these, digested in their proper rank and subordination, to draw out one uniform law of the church is the purport of this book. When these laws do interfere and cross each other, the order of preference is this :—‘ The civil law submitteth to the canon law; both of these to the common law; and all three to the statute law. So that from any one or more of these, without all of them together, or from all of them together without attending to their comparative obligation, it is not possible to exhibit any distinct prospect of the English ecclesiastical constitution.’ Under the head of statute law Burn includes ‘ the Thirty-nine Articles of Religion, agreed upon in Convocation in the year 1562; and in like manner the Rubric of the Book of Common Prayer, which, being both of them established by Acts of Parliament, are to be esteemed as part of the statute law.’”
The first principle of the ecclesiastical law is the assertion of the supremacy of the crown, -which in the present state of the constitution means the same thing as the supremacy of Parliament. This principle has been maintained ever since the Reformation. Before the Reformation the ecclesiastical supremacy of the Pope was recognized, with certain limitations, in England, and the church itself had some pretensions to ecclesiastical freedom. The freedom of the church is, in fact, one of the standing provisions of those charters on which the English constitution was based. The first provision of Magna Charta is quod ecclesia Anglicana libera sit. By the various enactments of the period of the Reformation the whole constitutional position of the church, not merely with reference to the Pope but with reference to the state, was definitely fixed. The legislative power of Convocation was held to extend to the clergy only, and even to that extent required the sanction and assent of the Crown. The common law courts controlled the jurisdiction of the ecclesiastical courts, claiming to have “the exposition of such statutes or Acts of Parliament as concern either the extent of the jurisdiction of these courts or the matters depending before them. And therefore if these courts either refuse to allow these Acts of Parliament, or expound them in any other sense than is truly and properly the exposition of them, the king’s great courts of common law may prohibit and control them.”
The design of constructing a code of ecclesiastical laws was entertained during the period of the Reformation, but never carried into effect. It is alluded to in various statutes of the reign of Henry VIII., who obtained power to appoint a commission to examine the old ecclesiastical laws, with a view of deciding which ought to be kept and which ought to be abolished; and in the meantime it was enacted that “such canons, institutions, ordinances, synodal or provincial or other ecclesiastical laws or jurisdictions spiritual as be yet accustomed and used here in the Church of England, which necessarily and conveniently are requisite to be put in ure and execution for the time, not being repugnant, contrarient, or derogatory to the laws or statutes of the realm, nor to the prerogatives of the royal crown of the same, or any of them, shall be occupied, exercised, and put in ure for the time within this realm” (35 Henry VIII. c. 16, 25 c. 19, 27 c. 8).
The work was actually undertaken and finished iiι the reign of Edward VI. by a sub-committee of eight persons, under the name of the Reformatio Legum Ecclesiasticarum, which, however, never obtained the royal assent. Although the powers of the 25 Henry VIII. c. 1, were revived by the 1 Elizabeth c. 1, the scheme was never executed, and the ecclesiastical laws remained on the footing assigned to them in that statute,—so much of the old ecclesiastical laws might be used as had been actually in use and was not repugnant to the laws of the realm.
The statement is, indeed, made by Sir R. Phillimore that the “Church of England has at all times, before and since the Reformation, claimed the right of an independent church in an independent kingdom, to be governed by the Jaws which she has deemed it expedient to adopt.” This position can only be accepted if it is confined, as the authorities cited for it are confined, to the resistance of interference from abroad. If it mean that the church, as distinguished from the kingdom, has claimed to be governed by laws of her own making, all that can be said is that the claim has been singularly unsuccessful. From the time of the Reformation no change has been made in the law of the church which has not been made by the king and parliament, sometimes indirectly, as by confirming the resolutions of Convocation, but for the most part by statute. The list of statutes cited in Sir R. Phillimore’s Ecclesiastical Law fills eleven pages. It is only by a kind of legal fiction that the church can be said to have deemed it expedient to adopt these laws.
The terms on which the Church Establishment of Ireland was abolished by 32 and 33 Vict. c. 42 may be mentioned. By sect. 20 the present ecclesiastical law is made binding on the members for the time being of the church, “as if they had mutually contracted and agreed to abide by and observe the same;” and by section 21 it is enacted that the ecclesiastical courts shall cease after 1st January 1871, and that the ecclesiastical laws of Ireland, except so far as relates to matrimonial causes and matters, shall cease to exist as law. (e. r.)
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ECCLESIASTICUS. See Apocrypha.
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