The Establishment of the Church of England: Its Constitutional and Legal Significance1

Among American churchmen and statesmen, there has been a tendency to regard the Establishment of the Anglican Church entirely in the light of a privilege conferred by the State on one church to the exclusion of others. Where the idea of the Establishment has been derived from the sight of the immunities and official endowment enjoyed by the church of the colonial governor, this point of view is natural. It determined the early statesmen of the young republic to dispense with a luxury which appeared to them to be pregnant with oppression and arrogance. Externally there is little to criticize in the view for it represents fairly accurately the relative position of the Anglican Church both in colonial and English history in the eyes of non-Anglican communions. Internally, however, the case is not as simple, as the Free Churchman, whether within or without the Anglican fold, has been ready to detect, and Cartwright here is in complete accord with Newman. The conflict was brought to an issue when the House of Commons rejected the proposals for the revision of the Book of Common Prayer of 1662 in two consecutive years, 1927 and 1928.