rs 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not repealed, but were, with many conditions and precautions, relaxed.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 bel
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