HISTORY OF ENGLAND

90 THE LITTLE PARLIAMENT.XI. 6.A.D. 1653.that their own spiritual awakening would become generalin the nation :-for them the necessity for a priestly orderhad altogether passed away.For the idea of personal honour and duty, which hasthrough all time given its peculiar character to the Romano-German world, this assembly could feel no sympathy. Ascivil and priestly legislation have always endeavoured torestrict duelling, so the Parliament of 1653 loaded it withthe severest penalties. He who goes the length of a challengeis to lose his right hand ; whoever actually fights a duel is inaddition to have his property confiscated and to be banishedfrom England for life: but the man who kills his antagonistin a duel must die a shameful death as a murderer and hisgoods are to be the property of the state.The assembly forbade all taking of oaths on entering upona fief or becoming a member of a corporation, such for instanceas the Universities. They allowed only the oath ofallegiance to the Commonwealth, or the oath of office. Affairsof honour were in their opinion to be settled before themagistrates.They could never in the least understand how the right toappoint to a spiritual office could be regarded as property :and it was proposed in vain to allow the persons presentedto be tested by worthy and pious men. They rejected theright of patronage completely and unconditionally.But above all they were urgent for the settlement of thepetition presented long before in reference to the abolitionof tithes. They pronounced tithes to be an institution of theold dispensation, which the Gospel had already swept away,and which had only been introduced into England throughthe avarice of the Catholic clergy.In the attacks made upon this impost two interests wereinvolved.In the storms which overthrew bishops and chapters the lowerranks of the church establishment had succeeded in holdingtheir ground. Rectors and vicars, whose livelihood mainlydepended on the long-established tithes, lasted through it all.A portion of the livings still remained in the hands of theEpiscopalian clergy, who merely abstained from the use ofXI. 6. THE LITTLE PARLIAMENT.9 IA.D. 1653.the Common Prayer &ok; the greater part had passed tothe Presbyterians. Even under the Republican Parliamentthe Presbyterians had continued to possess the ecclesiasticalauthority. The Independent congregations were toleratedand nothing more. But a legislative body sprung from theranks of these Independents was of necessity bitterly opposedto the supremacy of their old opponents or rivals. It was nottheir object to intrude their own adherents into the possessionof the Church estates: but they would no longer endure thepossession of them by others, and wished. to destroy andbring to nothing their existence which depended on thattenure. And with this was connected yet another popularpolitical design. They hoped by abolishing the tithes toattach to their side for ever the owners of the tithe-payingestates. As in Scotland among the Remonstrants, so inEngland among the Independents, democratical and religioustendencies were directly connected. At the very openingof the session the decree was passed that the lands chargedwith tithes should be exempted from paying them for thefuture I.Not till this decree was in course of execution did its full significanceclearly appear. In the course of time many tithes hadpassed by legal purchase into private property: were these tooto be declared abolished ? But more than this, it was palpablethat the tithb were essential to the maintenance both of theclergy, who still formed an institution recognised by law, and ofthe Universities which depended in great measure upon them.It was this consideration which chiefly impressed the Committeeappointed to investigate the matter. It decided infavour of recognising private rights of property, and steadilymaintained that the sustenance of the clergy ought to bedrawn from the accustomed sources, according to the existingprovisions of the law.On the 7th of December it laid before the House its reporton a definitive organisation of the clergy. Its proposal was' 'Thnt all lands charged with tythes shall be excused from paying any morehenceforward.' The only intelligible account I can find of this is in the letter of.the Dutch ambassador, July zz/Aug. I. In Thilrloe i. 369.