Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Religious toleration._--The revolution is justly entitled to honour
as the era of religious, in a far greater degree than of civil
liberty; the privileges of conscience having had no earlier magna
charta and petition of right whereto they could appeal against
encroachment. Civil, indeed, and religious liberty had appeared, not
as twin sisters and co-heirs, but rather in jealous and selfish
rivalry; it was in despite of the law, it was through infringement of
the constitution, by the court's connivance, by the dispensing
prerogative, by the declarations of indulgence under Charles and
James, that some respite had been obtained from the tyranny which
those who proclaimed their attachment to civil rights had always
exercised against one class of separatists, and frequently against
another.
At the time when the test law was enacted, chiefly with a view against
popery, but seriously affecting the protestant nonconformists, it was
the intention of the House of Commons to afford relief to the latter
by relaxing in some measure the strictness of the act of uniformity in
favour of such ministers as might be induced to conform, by granting
an indulgence of worship to those who should persist in their
separation. This bill however dropped in that session. Several more
attempts at an union were devised by worthy men of both parties in
that reign, but with no success. It was the policy of the court to
withstand a comprehension of dissenters; nor would the bishops admit
of any concession worth the others' acceptance. The high-church party
would not endure any mention of indulgence.[257] In the parliament of
1680, a bill to relieve protestant dissenters from the penalties of
the 35th of Elizabeth, the most severe act in force against them,
having passed both houses, was lost off the table of the House of
Lords, at the moment that the king came to give his assent; an
artifice by which he evaded the odium of an explicit refusal.[258]
Meanwhile the nonconforming ministers, and in many cases their
followers, experienced a harassing persecution under the various penal
laws that oppressed them; the judges, especially in the latter part of
this reign, when some good magistrates were gone, and still more the
justices of the peace, among whom a high-church ardour was prevalent,
crowding the gaols with the pious confessors of puritanism.[259] Under
so rigorous an administration of statute law, it was not unnatural to
take the shelter offered by the declaration of indulgence; but the
dissenters never departed from their ancient abhorrence of popery and
arbitrary power, and embraced the terms of reconciliation and alliance
which the church, in its distress, held out to them. A scheme of
comprehension was framed under the auspices of Archbishop Sancroft
before the revolution. Upon the completion of the new settlement it
was determined, with the apparent concurrence of the church, to grant
an indulgence to separate conventicles, and at the same time, by
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