The History of England from the Accession of James the Second - Volume 3 by Thomas Babington Macaulay (reading an ebook .txt) 📕

good fortune. With that fortune, he always said, they must be content: He would not, for their sakes, be guilty of the crime of raising an estate out of revenues sacred to piety and charity. Such merits as these will, in the judgment of wise and candid men, appear fully to atone for every offence which can be justly imputed to him.81

When he took his seat in the House of Lords, he found that assembly busied in ecclesiastical legislation. A statesman who was well known to be devoted to the Church had undertaken to plead the cause of the Dissenters. No subject in the realm occupied so important and commanding a position with reference to religious parties as Nottingham. To the influence derived from rank, from wealth, and from office, he added the higher influence which belongs to knowledge, to eloquence, and to integrity. The orthodoxy of his creed, the regularity of his devotions, and the purity of his morals gave a peculiar weight to his opinions on questions in which the interests of Christianity were concerned. Of all the ministers of the new Sovereigns, he had the largest share of the confidence of the clergy. Shrewsbury was certainly a Whig, and probably a freethinker: he had lost one religion; and it did not very clearly appear that he had found another. Halifax had been during many years accused of scepticism, deism, atheism. Danby's attachment to episcopacy and the liturgy was rather political than religious. But Nottingham was such a son as the Church was proud to own. Propositions, therefore, which, if made by his colleagues, would infallibly produce a violent panic among the clergy, might, if made by him, find a favourable reception even in universities and chapter houses. The friends of religious liberty were with good reason desirous to obtain his cooperation; and, up to a certain point, he was not unwilling to cooperate with them. He was decidedly for a toleration. He was even for what was then called a comprehension: that is to say, he was desirous to make some alterations in the Anglican discipline and ritual for the purpose of removing the scruples of the moderate Presbyterians. But he was not prepared to give up the Test Act. The only fault which he found with that Act was that it was not sufficiently stringent, and that it left loopholes through which schismatics sometimes crept into civil employments. In truth it was because he was not disposed to part with the Test that he was willing to consent to some changes in the Liturgy. He conceived that, if the entrance of the Church were but a very little widened, great numbers who had hitherto lingered near the threshold would press in. Those who still remained without would then not be sufficiently numerous or powerful to extort any further concession, and would be glad to compound for a bare toleration.82

The opinion of the Low Churchmen concerning the Test Act differed widely from his. But many of them thought that it was of the highest importance to have his support on the great questions of Toleration and Comprehension. From the scattered fragments of information which have come down to us, it appears that a compromise was made. It is quite certain that Nottingham undertook to bring in a Toleration Bill and a Comprehension Bill, and to use his best endeavours to carry both bills through the House of Lords. It is highly probable that, in return for this great service, some of the leading Whigs consented to let the Test Act remain for the present unaltered.

There was no difficulty in framing either the Toleration Bill or the Comprehension Bill. The situation of the dissenters had been much discussed nine or ten years before, when the kingdom was distracted by the fear of a Popish plot, and when there was among Protestants a general disposition to unite against the common enemy. The government had then been willing to make large concessions to the Whig party, on condition that the crown should be suffered to descend according to the regular course. A draught of a law authorising the public worship of the nonconformists, and a draught of a law making some alterations in the public worship of the Established Church, had been prepared, and would probably have been passed by both Houses without difficulty, had not Shaftesbury and his coadjutors refused to listen to any terms, and, by grasping at what was beyond their reach, missed advantages which might easily have been secured. In the framing of these draughts, Nottingham, then an active member of the House of Commons, had borne a considerable part. He now brought them forth from the obscurity in which they had remained since the dissolution of the Oxford Parliament, and laid them, with some slight alterations, on the table of the Lords.83

The Toleration Bill passed both Houses with little debate. This celebrated statute, long considered as the Great Charter of religious liberty, has since been extensively modified, and is hardly known to the present generation except by name. The name, however, is still pronounced with respect by many who will perhaps learn with surprise and disappointment the real nature of the law which they have been accustomed to hold in honour.

Several statutes which had been passed between the accession of Queen Elizabeth and the Revolution required all people under severe penalties to attend the services of the Church of England, and to abstain from attending conventicles. The Toleration Act did not repeal any of these statutes, but merely provided that they should not be construed to extend to any person who should testify his loyalty by taking the Oaths of Allegiance and Supremacy, and his Protestantism by subscribing the Declaration against Transubstantiation.

The relief thus granted was common between the dissenting laity and the dissenting clergy. But the dissenting clergy had some peculiar grievances. The Act of Uniformity had laid a mulct of a hundred pounds on every person who, not having received episcopal ordination, should presume to administer the Eucharist. The Five Mile Act had driven many pious and learned ministers from their houses and their friends, to live among rustics in obscure villages of which the name was not to be seen on the map. The Conventicle Act had imposed heavy fines on divines who should preach in any meeting of separatists; and, in direct opposition to the humane spirit of our common law, the Courts were enjoined to construe this Act largely and beneficially for the suppressing of dissent and for the encouraging of informers. These severe statutes were not repealed, but were, with many conditions and precautions, relaxed. It was provided that every dissenting minister should, before he exercised his function, profess under his hand his belief in the articles of the Church of England, with a few exceptions. The propositions to which he was not required to assent were these; that the Church has power to regulate ceremonies; that the doctrines set forth in the Book of Homilies are sound; and that there is nothing superstitious and idolatrous in the ordination service. If he declared himself a Baptist, he was also excused from affirming that the baptism of infants is a laudable practice. But, unless his conscience suffered him to subscribe thirty-four of the thirty-nine articles, and the greater part of two other articles, he could not preach without incurring all the punishments which the Cavaliers, in the day of their power and their vengeance, had devised for the tormenting and ruining of schismatical teachers.

The situation of the Quaker differed from that of other dissenters, and differed for the worse. The Presbyterian, the Independent, and the Baptist had no scruple about the Oath of Supremacy. But the Quaker refused to take it, not because he objected to the proposition that foreign sovereigns and prelates have no jurisdiction in England, but because his conscience would not suffer him to swear to any proposition whatever. He was therefore exposed to the severity of part of that penal code which, long before Quakerism existed, had been enacted against Roman Catholics by the Parliaments of Elizabeth. Soon after the Restoration, a severe law, distinct from the general law which applied to all conventicles, had been passed against meetings of Quakers. The Toleration Act permitted the members of this harmless sect to hold their assemblies in peace, on condition of signing three documents, a declaration against Transubstantiation, a promise of fidelity to the government, and a confession of Christian belief. The objections which the Quaker had to the Athanasian phraseology had brought on him the imputation of Socinianism; and the strong language in which he sometimes asserted that he derived his knowledge of spiritual things directly from above had raised a suspicion that he thought lightly of the authority of Scripture. He was therefore required to profess his faith in the divinity of the Son and of the Holy Ghost, and in the inspiration of the Old and New Testaments.

Such were the terms on which the Protestant dissenters of England were, for the first time, permitted by law to worship God according to their own conscience. They were very properly forbidden to assemble with barred doors, but were protected against hostile intrusion by a clause which made it penal to enter a meeting house for the purpose of molesting the congregation.

As if the numerous limitations and precautions which have been mentioned were insufficient, it was emphatically declared that the legislature did not intend to grant the smallest indulgence to any Papist, or to any person who denied the doctrine of the Trinity as that doctrine is set forth in the formularies of the Church of England.

Of all the Acts that have ever been passed by Parliament, the Toleration Act is perhaps that which most strikingly illustrates the peculiar vices and the peculiar excellences of English legislation. The science of Politics bears in one respect a close analogy to the science of Mechanics. The mathematician can easily demonstrate that a certain power, applied by means of a certain lever or of a certain system of pulleys, will suffice to raise a certain weight. But his demonstration proceeds on the supposition that the machinery is such as no load will bend or break. If the engineer, who has to lift a great mass of real granite by the instrumentality of real timber and real hemp, should absolutely rely on the propositions which he finds in treatises on Dynamics, and should make no allowance for the imperfection of his materials, his whole apparatus of beams, wheels, and ropes would soon come down in ruin, and, with all his geometrical skill, he would be found a far inferior builder to those painted barbarians who, though they never heard of the parallelogram of forces, managed to pile up Stonehenge. What the engineer is to the mathematician, the active statesman is to the contemplative statesman. It is indeed most important that legislators and administrators should be versed in the philosophy of government, as it is most important that the architect, who has to fix an obelisk on its pedestal, or to hang a tubular bridge over an estuary, should be versed in the philosophy of equilibrium and motion. But, as he who has actually to build must bear in mind many things never noticed by D'Alembert and Euler, so must he who has actually to govern be perpetually guided by considerations to which no allusion can be found in the writings of Adam Smith or Jeremy Bentham. The perfect lawgiver is a just temper between the mere man of theory, who can see nothing but general principles, and the mere man of business, who can see nothing but particular circumstances. Of lawgivers in whom the speculative element has prevailed to the exclusion of the practical, the world has during the last eighty years been singularly fruitful. To their wisdom Europe and America