The History of England from the Accession of James the Second - Volume 3 - Thomas Babington Macaulay (e books for reading .TXT) 📗

have owed scores of abortive constitutions, scores of constitutions which have lived just long enough to make a miserable noise, and have then gone off in convulsions. But in the English legislature the practical element has always predominated, and not seldom unduly predominated, over the speculative. To think nothing of symmetry and much of convenience; never to remove an anomaly merely because it is an anomaly; never to innovate except when some grievance is felt; never to innovate except so far as to get rid of the grievance; never to lay down any proposition of wider extent than the particular case for which it is necessary to provide; these are the rules which have, from the age of John to the age of Victoria, generally guided the deliberations of our two hundred and fifty Parliaments. Our national distaste for whatever is abstract in political science amounts undoubtedly to a fault. But it is, perhaps, a fault on the right side. That we have been far too slow to improve our laws must be admitted. But, though in other countries there may have occasionally been more rapid progress, it would not be easy to name any other country in which there has been so little retrogression.

The Toleration Act approaches very near to the idea of a great English law. To a jurist, versed in the theory of legislation, but not intimately acquainted with the temper of the sects and parties into which the nation was divided at the time of the Revolution, that Act would seem to be a mere chaos of absurdities and contradictions. It will not bear to be tried by sound general principles. Nay, it will not bear to be tried by any principle, sound or unsound. The sound principle undoubtedly is, that mere theological error ought not to be punished by the civil magistrate. This principle the Toleration Act not only does not recognise, but positively disclaims. Not a single one of the cruel laws enacted against nonconformists by the Tudors or the Stuarts is repealed. Persecution continues to be the general rule. Toleration is the exception. Nor is this all. The freedom which is given to conscience is given in the most capricious manner. A Quaker, by making a declaration of faith in general terms, obtains the full benefit of the Act without signing one of the thirty-nine Articles. An Independent minister, who is perfectly willing to make the declaration required from the Quaker, but who has doubts about six or seven of the Articles, remains still subject to the penal laws. Howe is liable to punishment if he preaches before he has solemnly declared his assent to the Anglican doctrine touching the Eucharist. Penn, who altogether rejects the Eucharist, is at perfect liberty to preach without making any declaration whatever on the subject.

These are some of the obvious faults which must strike every person who examines the Toleration Act by that standard of just reason which is the same in all countries and in all ages. But these very faults may perhaps appear to be merits, when we take into consideration the passions and prejudices of those for whom the Toleration Act was framed. This law, abounding with contradictions which every smatterer in political philosophy can detect, did what a law framed by the utmost skill of the greatest masters of political philosophy might have failed to do. That the provisions which have been recapitulated are cumbrous, puerile, inconsistent with each other, inconsistent with the true theory of religious liberty, must be acknowledged. All that can be said in their defence is this; that they removed a vast mass of evil without shocking a vast mass of prejudice; that they put an end, at once and for ever, without one division in either House of Parliament, without one riot in the streets, with scarcely one audible murmur even from the classes most deeply tainted with bigotry, to a persecution which had raged during four generations, which had broken innumerable hearts, which had made innumerable firesides desolate, which had filled the prisons with men of whom the world was not worthy, which had driven thousands of those honest, diligent and godfearing yeomen and artisans, who are the true strength of a nation, to seek a refuge beyond the ocean among the wigwams of red Indians and the lairs of panthers. Such a defence, however weak it may appear to some shallow speculators, will probably be thought complete by statesmen.

The English, in 1689, were by no means disposed to admit the doctrine that religious error ought to be left unpunished. That doctrine was just then more unpopular than it had ever been. For it had, only a few months before, been hypocritically put forward as a pretext for persecuting the Established Church, for trampling on the fundamental laws of the realm, for confiscating freeholds, for treating as a crime the modest exercise of the right of petition. If a bill had then been drawn up granting entire freedom of conscience to all Protestants, it may be confidently affirmed that Nottingham would never have introduced such a bill; that all the bishops, Burnet included, would have voted against it; that it would have been denounced, Sunday after Sunday, from ten thousand pulpits, as an insult to God and to all Christian men, and as a license to the worst heretics and blasphemers; that it would have been condemned almost as vehemently by Bates and Baxter as by Ken and Sherlock; that it would have been burned by the mob in half the market places of England; that it would never have become the law of the land, and that it would have made the very name of toleration odious during many years to the majority of the people. And yet, if such a bill had been passed, what would it have effected beyond what was effected by the Toleration Act?

It is true that the Toleration Act recognised persecution as the rule, and granted liberty of conscience only as the exception. But it is equally true that the rule remained in force only against a few hundreds of Protestant dissenters, and that the benefit of the exceptions extended to hundreds of thousands.

It is true that it was in theory absurd to make Howe sign thirty- four or thirty-five of the Anglican articles before he could preach, and to let Penn preach without signing one of those articles. But it is equally true that, under this arrangement, both Howe and Penn got as entire liberty to preach as they could have had under the most philosophical code that Beccaria or Jefferson could have framed.

The progress of the bill was easy. Only one amendment of grave importance was proposed. Some zealous churchmen in the Commons suggested that it might be desirable to grant the toleration only for a term of seven years, and thus to bind over the nonconformists to good behaviour. But this suggestion was so unfavourably received that those who made it did not venture to divide the House.84

The King gave his consent with hearty satisfaction: the bill became law; and the Puritan divines thronged to the Quarter Sessions of every county to swear and sign. Many of them probably professed their assent to the Articles with some tacit reservations. But the tender conscience of Baxter would not suffer him to qualify, till he had put on record an explanation of the sense in which he understood every proposition which seemed to him to admit of misconstruction. The instrument delivered by him to the Court before which he took the oaths is still extant, and contains two passages of peculiar interest. He declared that his approbation of the Athanasian Creed was confined to that part which was properly a Creed, and that he did not mean to express any assent to the damnatory clauses. He also declared that he did not, by signing the article which anathematizes all who maintain that there is any other salvation than through Christ, mean to condemn those who entertain a hope that sincere and virtuous unbelievers may be admitted to partake in the benefits of Redemption. Many of the dissenting clergy of London expressed their concurrence in these charitable sentiments.85

The history of the Comprehension Bill presents a remarkable contrast to the history of the Toleration Bill. The two bills had a common origin, and, to a great extent, a common object. They were framed at the same time, and laid aside at the same time: they sank together into oblivion; and they were, after the lapse of several years, again brought together before the world. Both were laid by the same peer on the table of the Upper House; and both were referred to the same select committee. But it soon began to appear that they would have widely different fates. The Comprehension Bill was indeed a neater specimen of legislative workmanship than the Toleration Bill, but was not, like the Toleration Bill, adapted to the wants, the feelings, and the prejudices of the existing generation. Accordingly, while the Toleration Bill found support in all quarters, the Comprehension Bill was attacked from all quarters, and was at last coldly and languidly defended even by those who had introduced it. About the same time at which the Toleration bill became law with the general concurrence of public men, the Comprehension Bill was, with a concurrence not less general, suffered to drop. The Toleration Bill still ranks among those great statutes which are epochs in our constitutional history. The Comprehension Bill is forgotten. No collector of antiquities has thought it worth preserving. A single copy, the same which Nottingham presented to the peers, is still among our parliamentary records, but has been seen by only two or three persons now living. It is a fortunate circumstance that, in this copy, almost the whole history of the Bill can be read. In spite of cancellations and interlineations, the original words can easily be distinguished from those which were inserted in the committee or on the report.86

The first clause, as it stood when the bill was introduced, dispensed all the ministers of the Established Church from the necessity of subscribing the Thirty-nine Articles. For the Articles was substituted a Declaration which ran thus; "I do approve of the doctrine and worship and government of the Church of England by law established, as containing all things necessary to salvation; and I promise, in the exercise of my ministry, to preach and practice according thereunto." Another clause granted similar indulgence to the members of the two universities.

Then it was provided that any minister who had been ordained after the Presbyterian fashion might, without reordination, acquire all the privileges of a priest of the Established Church. He must, however, be admitted to his new functions by the imposition of the hands of a bishop, who was to pronounce the following form of words; "Take thou authority to preach the word of God, and administer the sacraments, and to perform all other ministerial offices in the Church of England." The person thus admitted was to be capable of holding any rectory or vicarage in the kingdom.

Then followed clauses providing that a clergyman might, except in a few churches of peculiar dignity, wear the surplice or not as he thought fit, that the sign of the cross might be omitted in baptism, that children might be christened, if such were the wish of their parents, without godfathers or godmothers, and that persons who had a scruple about receiving the Eucharist kneeling might receive it sitting.

The concluding clause was drawn in the form of a petition. It was proposed that the two Houses should request the King and Queen to issue a commission empowering thirty divines of the Established Church to revise the liturgy, the canons, and the constitution of the ecclesiastical courts, and to recommend such alterations as