Here then is one step in the argument: parliament and convocation represented the whole body of the realm. But, further, the whole body of the realm was, in Hooker's time, only another name for the Church. "We hold," says he', "that seeing there is not a man of the CHURCH OF ENGLAND, but the same man is also a member of the COMMONWEALTH; nor any member of the COMMONWEALTH which is not also of the CHURCH OF ENGLAND; therefore, as in a triangle, the base doth differ from the sides thereof, and yet one and the selfsame line is both a base and also a side; a side simply, a base if it chance to be the bottom and underlie of the rest; so albeit properties and actions of one sort do cause the name of a commonwealth, qualities and functions of another sort the name of a Church, to be given to a multitude, yet one and the selfsame multitude may in such sort be both. Nay, it is so with us, that no person appertaining to the one can be denied to be also of the other." And again', "When we oppose therefore the CHURCH and and COMMONWEALTH in a Christian society, we mean by the COMMONWEALTH that society, with relation to all the public affairs thereof, the matter of true religion only excepted; by the CHURCH, the same society, only with reference to true religion, without any affairs besides."

Thus, according to Hooker, the representatives of the commonwealth, i. e. the PARLIAMENT of

1 E. P. viii. î. 2.

2 E. P. viii. i. 5.

England, were at the same time representatives of the Church, and thus a LAY SYNOD OF THE CHURCH OF ENGLAND. And it was because parliament was such a synod, and only because it was so, that Hooker justified himself in consenting to its interference in matters spiritual: in any other case, such interference would have been, in his judgment at least, alike unconformable to the "law of nature" and the "practice of the Church as set down in Scripture.'

As a proof that Hooker was not trifling with himself in thus identifying the Commonwealth and the Church of England, the following Act of Parliament will probably be deemed sufficient :—

"35 Elizabeth," [c. 1.] A. D. 1592.

"Be it enacted by the Queen's most excellent Majesty, and by the Lords spiritual and temporal, and the Commons in this present Parliament assembled, and by the authority of the same, That if any person or persons above the age of sixteen years, who shall obstinately refuse to repair to some church, chapel, or usual place of common prayer, to hear divine service, established by her Majesty's laws and statutes in that behalf made, and shall forbear to do the same by the space of a month next after, without any lawful cause; or, &c.......shall (at any time after 40 days next after the end of this session of parliament,) either by him or themselves, or by the motion, persuasion, enticement, or allurement of any other, willingly join

in, or be present at, any (unlawful) assemblies, conventicles, or meetings, under colour or pretence of any exercise of religion, contrary to the laws and statutes of this realm: that then every such person so offending as aforesaid, and being thereof lawfully convicted, shall be committed to prison, there to remain without bail or mainprize, until they shall conform and yield themselves to come to some church or chapel, or usual place of common prayer, and hear divine service, according to her Majesty's laws and statutes aforesaid, and to make such open submission and declaration of their said conformity as hereafter in this act is declared and appointed'.

"Provided always, and be it further enacted, by the authority aforesaid, that if any such person or persons which shall offend against this Act, as aforesaid, shall not within three months next after they shall be convicted for their said offence, conform themselves to the obedience of the laws and statutes of this realm, in coming to the Church to

1 The form of submission, as far as it affects the Church, is as follows:-"I, A. B. do humbly confess and acknowledge that I have grievously offended God in contemning her Majesty's godly and lawful government and authority, by absenting myself from church and from hearing divine service, contrary to the godly laws and statutes of this realm, and in using and frequenting disordered and unlawful conventicles and assemblies, under pretence and colour of exercise of religion, &c.... And I do promise and protest, without dissimulation, or any colour or means of any dispensation, that from henceforth I will perform and obey her Majesty's laws and statutes, in repairing to the Church and hearing divine service, and do my utmost endeavour to maintain and defend the same."

hear divine service, and in making such public confession and submission as hereafter in this Act is appointed and expressed, being thereunto required by the Bishop of the diocese, or any justice of the peace of the county where the same person shall happen to be, or by the minister or curate of the parish: that in every such case every such offender being thereunto warned or required by any justice of the peace of the same county where such offender shall be, shall, upon his or their corporal oath, before the justices of the peace in open quarter sessions of the same county, or at the assizes and gaol-delivery, abjure this realm of England and all other the Queen's dominions for ever, unless her majesty shall licence the party to return. And hereupon shall depart out of this realm, at such haven or port, and within such time as shall in that behalf be assigned and appointed by the said justices before whom such abjuration shall be made, unless the said offender be letted or stayed by such lawful and reasonable means or causes as by the common laws of this realm are permitted and allowed in cases of abjuration for felony. And in such cases of lett or stay, then within such reasonable and convenient time after as the common law requireth in case of abjuration for felony as aforesaid. And that the justices of peace before whom such abjuration shall happen to be made, as is aforesaid, shall cause the same presently to be entered of record before them, and shall certify the same to the justices of assize and gaol-delivery of

the county, at the next assizes or gaol-delivery to be holden in the same county.

“And if any such offender which by the tenor and intent of the act is to be abjured, as is aforesaid, shall refuse to make abjuration, as is aforesaid, or after such abjuration made shall not go to such haven and within such time as is before appointed, and from thence depart out of this realm according to this present act, or after such his departure shall return or come again into any her majesty's realms or dominions, without her majesty's special licence in that behalf first had and obtained; that thus, in every such case, the person so offending shall be adjudged a felon, and shall suffer as in case of felony without benefit of clergy."

This act, it must be admitted, is sufficiently to the point. Persecuting it may be called, unjust and atrocious, if the reader pleases; but it is, at any rate, decisive. It goes straight to the point, and empowers the magistrates and clergy to drive out dissenters, Roman Catholic or protestant alike, all who choose to withhold themselves from the worship of the Church of England: in short, if rigorously enforced, it ensures the identity of the CHURCH and the COMMONWEALTH.

Here, then, we have a formal acknowledgment of the principle on which Hooker justified the then existing relations of Church and State, a RATIFICATION of the the CONDITION on which he consented to parliamentary interference in matters spiritual.