Томас Бабингтон Маколей
The History of England, from the Accession of James II — Volume 3
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 Not a single one of the cruel laws enacted against nonconformists by the Tudors or the Stuarts is repealed.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 might on inquiry appear to be desirable.
The bill went smoothly through the first stages. Compton, who, since Sancroft had shut himself up at Lambeth, was virtually Primate, supported Nottingham with ardour. 87 In the committee, however, it appeared that there was a strong body of churchmen, who were determined not to give up a single word or form; to whom it seemed that the prayers were no prayers without the surplice, the babe no Christian if not marked with the cross, the bread and wine no memorials of redemption or vehicles of grace if not received on bended knee. Why, these persons asked, was the docile and affectionate son of the Church to be disgusted by seeing the irreverent practices of a conventicle introduced into her majestic choirs? Why should his feelings, his prejudices, if prejudices they were, be less considered than the whims of schismatics? If, as Burnet and men like Burnet were never weary of repeating, indulgence was due to a weak brother, was it less due to the brother whose weakness consisted in the excess of his love for an ancient, a decent, a beautiful ritual, associated in his imagination from childhood with all that is most sublime and endearing, than to him whose morose and litigious mind was always devising frivolous objections to innocent and salutary usages? But, in truth, the scrupulosity of the Puritan was not that sort of scrupulosity which the Apostle had commanded believers to respect. It sprang, not from morbid tenderness of conscience, but from censoriousness and spiritual pride; and none who had studied the New Testament could have failed to observe that, while we are charged carefully to avoid whatever may give scandal to the feeble, we are taught by divine precept and example to make no concession to the supercilious and uncharitable Pharisee. Was every thing which was not of the essence of religion to be given up as soon as it became unpleasing to a knot of zealots whose heads had been turned by conceit and the love of novelty? Painted glass, music, holidays, fast days, were not of the essence of religion. Were the windows of King's College Chapel to be broken at the demand of one set of fanatics? Was the organ of Exeter to be silenced to please another? Were all the village bells to be mute because Tribulation Wholesome and Deacon Ananias thought them profane? Was Christmas no longer to be a day of rejoicing? Was Passion week no longer to be a season of humiliation? These changes, it is true, were not yet proposed. Put if,—so the High Churchmen reasoned,—we once admit that what is harmless and edifying is to be given up because it offends some narrow understandings and some gloomy tempers, where are we to stop? And is it not probable that, by thus attempting to heal one schism, we may cause another? All those things which the Puritans regard as the blemishes of the Church are by a large part of the population reckoned among her attractions. May she not, in ceasing to give scandal to a few sour precisians, cease also to influence the hearts of many who now delight in her ordinances? Is it not to be apprehended that, for every proselyte whom she allures from the meeting house, ten of her old disciples may turn away from her maimed rites and dismantled temples, and that these new separatists may either form themselves into a sect far more formidable than the sect which we are now seeking to conciliate, or may, in the violence of their disgust at a cold and ignoble worship, be tempted to join in the solemn and gorgeous idolatry of Rome?
It is remarkable that those who held this language were by no means disposed to contend for the doctrinal Articles of the Church. The truth is that, from the time of James the First, that great party which has been peculiarly zealous for the Anglican polity and the Anglican ritual has always leaned strongly towards Arminianism, and has therefore never been much attached to a confession of faith framed by reformers who, on questions of metaphysical divinity, generally agreed with Calvin. One of the characteristic marks of that party is the disposition which it has always shown to appeal, on points of dogmatic theology, rather to the Liturgy, which was derived from Rome, than to the Articles and Homilies, which were derived from Geneva. The Calvinistic members of the Church, on the other hand, have always maintained that her deliberate judgment on such points is much more likely to be found in an Article or a Homily than in an ejaculation of penitence or a hymn of thanksgiving. It does not appear that, in the debates on the Comprehension Bill, a single High Churchman raised his voice against the clause which relieved the clergy from the necessity of subscribing the Articles, and of declaring the doctrine contained in the Homilies to be sound. Nay, the Declaration which, in the original draught, was substituted for the Articles, was much softened down on the report. As the clause finally stood, the ministers of the Church were required to declare, not that they approved of her constitution, but merely that they submitted to it. Had the bill become law, the only people in the kingdom who would have been under the necessity of signing the Articles would have been the dissenting preachers. 88
The easy manner in which the zealous friends of the Church gave up her confession of faith presents a striking contrast to the spirit with which they struggled for her polity and her ritual. The clause which admitted Presbyterian ministers to hold benefices without episcopal ordination was rejected. The clause which permitted scrupulous persons to communicate sitting very narrowly escaped the same fate. In the Committee it was struck out, and, on the report, was with great difficulty restored. The majority of peers in the House was against the proposed indulgence, and the scale was but just turned by the proxies.
But by this time it began to appear that the bill which the High Churchmen were so keenly assailing was menaced by dangers from a very different quarter. The same considerations which had induced Nottingham to support a comprehension made comprehension an object of dread and aversion to a large body of dissenters. The truth is that the time for such a scheme had gone by. If, a hundred years earlier, when the division in the Protestant body was recent, Elizabeth had been so wise as to abstain from requiring the observance of a few forms which a large part of her subjects considered as Popish, she might perhaps have averted those fearful calamities which, forty years after her death, afflicted the Church. But the general tendency of schism is to widen. Had Leo the Tenth, when the exactions and impostures of the Pardoners first roused the indignation of Saxony, corrected those evil practices with a vigorous hand, it is not improbable that Luther would have died in the bosom of the Church of Rome. But the opportunity was suffered to escape; and, when, a few years later, the Vatican would gladly have purchased peace by yielding the original subject of quarrel, the original subject of quarrel was almost forgotten. The inquiring spirit which had been roused by a single abuse had discovered or imagined a thousand: controversies engendered controversies: every attempt that was made to accommodate one dispute ended by producing another; and at length a General Council, which, during the earlier stages of the distemper, had been supposed to be an infallible remedy, made the case utterly hopeless. In this respect, as in many others, the history of Puritanism in England bears a close analogy to the history of Protestantism in Europe. The Parliament of 1689 could no more put an end to nonconformity by tolerating a garb or a posture than the Doctors of Trent could have reconciled the Teutonic nations to the Papacy by regulating the sale of indulgences. In the sixteenth century Quakerism was unknown; and there was not in the whole realm a single congregation of Independents or Baptists. At the time of the Revolution, the Independents, Baptists, and Quakers were a majority of the dissenting body; and these sects could not be gained over on any terms which the lowest of Low Churchmen would have been willing to offer. The Independent held that a national Church, governed by any central authority whatever, Pope, Patriarch, King, Bishop, or Synod, was an unscriptural institution, and that every congregation of believers was, under Christ, a sovereign society. The Baptist was even more irreclaimable than the Independent, and the Quaker even more irreclaimable than the Baptist. Concessions, therefore, which would once have extinguished nonconformity would not now satisfy even one half of the nonconformists; and it was the obvious interest of every nonconformist whom no concession would satisfy that none of his brethren should be satisfied. The more liberal the terms of comprehension, the greater was the alarm of every separatist who knew that he could, in no case, be comprehended. There was but slender hope that the dissenters, unbroken and acting as one man, would be able to obtain from the legislature full admission to civil privileges; and all hope of obtaining such admission must be relinquished if Nottingham should, by the help of some wellmeaning but shortsighted friends of religious liberty, be enabled to accomplish his design. If his bill passed, there would doubtless be a considerable defection from the dissenting body; and every defection must be severely felt by a class already outnumbered, depressed, and struggling against powerful enemies. Every proselyte too must be reckoned twice over, as a loss to the party which was even now too weak, and as a gain to the party which was even now too strong. The Church was but too well able to hold her own against all the sects in the kingdom; and, if those sects were to be thinned by a large desertion, and the Church strengthened by a large reinforcement, it was plain that all chance of obtaining any relaxation of the Test Act would be at an end; and it was but too probable that the Toleration Act might not long remain unrepealed.
Even those Presbyterian ministers whose scruples the Comprehension Bill was expressly intended to remove were by no means unanimous in wishing it to pass. The ablest and most eloquent preachers among them had, since the Declaration of Indulgence had appeared, been very agreeably settled in the capital and in other large towns, and were now about to enjoy, under the sure guarantee of an Act of Parliament, that toleration which, under the Declaration of Indulgence, had been illicit and precarious. The situation of these men was such as the great majority of the divines of the Established Church might well envy. Few indeed of the parochial clergy were so abundantly supplied with comforts as the favourite orator of a great assembly of nonconformists in the City. The voluntary contributions of his wealthy hearers, Aldermen and Deputies, West India merchants and Turkey merchants, Wardens of the Company of Fishmongers and Wardens of the Company of Goldsmiths, enabled him to become a landowner or a mortgagee. The best broadcloth from Blackwell Hall, and the best poultry from Leadenhall Market, were frequently left at his door. His influence over his flock was immense. Scarcely any member of a congregation of separatists entered into a partnership, married a daughter, put a son out as apprentice, or gave his vote at an election, without consulting his spiritual guide. On all political and literary questions the minister was the oracle of his own circle. It was popularly remarked, during many years, that an eminent dissenting minister had only to make his son an attorney or a physician; that the attorney was sure to have clients, and the physician to have patients. While a waiting woman was generally considered as a help meet for a chaplain in holy orders of the Established Church, the widows and daughters of opulent citizens were supposed to belong in a peculiar manner to nonconformist pastors. One of the great Presbyterian Rabbies, therefore, might well doubt whether, in a worldly view, he should be benefited by a comprehension. He might indeed hold a rectory or a vicarage, when he could get one. But in the meantime he would be destitute: his meeting house would be closed: his congregation would be dispersed among the parish churches: if a benefice were bestowed on him, it would probably be a very slender compensation for the income which he had lost. Nor could he hope to have, as a minister of the Anglican Church, the authority and dignity which he had hitherto enjoyed. He would always, by a large portion of the members of that Church, be regarded as a deserter. He might therefore, on the whole, very naturally wish to be left where he was. 89
There was consequently a division in the Whig party. One section of that party was for relieving the dissenters from the Test Act, and giving up the Comprehension Bill. Another section was for pushing forward the Comprehension Bill, and postponing to a more convenient time the consideration of the Test Act. The effect of this division among the friends of religious liberty was that the High Churchmen, though a minority in the House of Commons, and not a majority in the House of Lords, were able to oppose with success both the reforms which they dreaded. The Comprehension Bill was not passed; and the Test Act was not repealed.
Just at the moment when the question of the Test and the question of the Comprehension became complicated together in a manner which might well perplex an enlightened and honest politician, both questions became complicated with a third question of grave importance.
The ancient oaths of allegiance and supremacy contained some expressions which had always been disliked by the Whigs, and other expressions which Tories, honestly attached to the new settlement, thought inapplicable to princes who had not the hereditary right. The Convention had therefore, while the throne was still vacant, framed those oaths of allegiance and supremacy by which we still testify our loyalty to our Sovereign. By the Act which turned the Convention into a Parliament, the members of both Houses were required to take the new oaths. As to other persons in public trust, it was hard to say how the law stood. One form of words was enjoined by statutes, regularly passed, and not yet regularly abrogated. A different form was enjoined by the Declaration of Right, an instrument which was indeed revolutionary and irregular, but which might well be thought equal in authority to any statute. The practice was in as much confusion as the law. It was therefore felt to be necessary that the legislature should, without delay, pass an Act abolishing the old oaths, and determining when and by whom the new oaths should be taken.
The bill which settled this important question originated in the Upper House. As to most of the provisions there was little room for dispute. It was unanimously agreed that no person should, at any future time, be admitted to any office, civil, military, ecclesiastical, or academical, without taking the oaths to William and Mary. It was also unanimously agreed that every person who already held any civil or military office should be ejected from it, unless he took the oaths on or before the first of August 1689. But the strongest passions of both parties were excited by the question whether persons who already possessed ecclesiastical or academical offices should be required to swear fealty to the King and Queen on pain of deprivation. None could say what might be the effect of a law enjoining all the members of a great, a powerful, a sacred profession to make, under the most solemn sanction of religion, a declaration which might be plausibly represented as a formal recantation of all that they had been writing and preaching during many years. The Primate and some of the most eminent Bishops had already absented themselves from Parliament, and would doubtless relinquish their palaces and revenues, rather than acknowledge the new Sovereigns. The example of these great prelates might perhaps be followed by a multitude of divines of humbler rank, by hundreds of canons, prebendaries, and fellows of colleges, by thousands of parish priests. To such an event no Tory, however clear his own conviction that he might lawfully swear allegiance to the King who was in possession, could look forward without the most painful emotions of compassion for the sufferers and of anxiety for the Church.
There were some persons who went so far as to deny that the Parliament was competent to pass a law requiring a Bishop to swear on pain of deprivation. No earthly power, they said, could break the tie which bound the successor of the apostles to his diocese. What God had joined no man could sunder. Dings and senates might scrawl words on parchment or impress figures on wax; but those words and figures could no more change the course of the spiritual than the course of the physical world. As the Author of the universe had appointed a certain order, according to which it was His pleasure to send winter and summer, seedtime and harvest, so He had appointed a certain order, according to which He communicated His grace to His Catholic Church; and the latter order was, like the former, independent of the powers and principalities of the world. A legislature might alter the flames of the months, might call June December, and December June; but, in spite of the legislature, the snow would fall when the sun was in Capricorn, and the flowers would bloom when he was in Cancer. And so the legislature might enact that Ferguson or Muggleton should live in the palace at Lambeth, should sit on the throne of Augustin, should be called Your Grace, and should walk in processions before the Premier Duke; but, in spite of the legislature, Sancroft would, while Sancroft lived, be the only true Archbishop of Canterbury; and the person who should presume to usurp the archiepiscopal functions would be a schismatic. This doctrine was proved by reasons drawn from the budding of Aaron's rod, and from a certain plate which Saint James the Less, according to a legend of the fourth century, used to wear on his forehead. A Greek manuscript, relating to the deprivation of bishops, was discovered, about this time, in the Bodleian Library, and became the subject of a furious controversy. One party held that God had wonderfully brought this precious volume to light, for the guidance of His Church at a most critical moment. The other party wondered that any importance could be attached to the nonsense of a nameless scribbler of the thirteenth century. Much was written about the deprivations of Chrysostom and Photius, of Nicolaus Mysticus and Cosmas Atticus. But the case of Abiathar, whom Solomon put out of the sacerdotal office for treason, was discussed with peculiar eagerness. No small quantity of learning and ingenuity was expended in the attempt to prove that Abiathar, though he wore the ephod and answered by Urim, was not really High Priest, that he ministered only when his superior Zadoc was incapacitated by sickness or by some ceremonial pollution, and that therefore the act of Solomon was not a precedent which would warrant King William in deposing a real Bishop. 90
