with unexampled cruelty, especially by Judge Jefferies; for which the Duke of Monmouth's rebellion furnished a plausible pretext. But this bigotted prince suddenly changed his measures. Being resolved, at all events, to establish Popery, he hoped to make way for it by universal toleration; but, while the Dis senters gladly accepted the liberty to which they were entitled, they refused to concur in any active measures which were intended to introduce Popery and arbitrary power. The nation was now alarmed; and James, intimidated at the approach of the Prince of Orange (afterwards William III.) abdicated the throne, and found a sanctuary in France. Thus terminated, in our country, we trust for ever, the long series of hardships endured for conscience sake. From the time of the restoration of Charles to the abdication of James, sixty thousand persons, it is said, suffered for Nonconformity. "But who can calculate the total loss of lives and of substance which the Dissenters sustained, from the first rise of the Puritans to the tri umph of toleration, under King William *!" William, who, previously to his coming to England, had pro mised to endeavour a good agreement between the Church of England and all Protestant Dissenters, and to secure all those who would live peaceably under the government, from all persecution on account of religion," proved, on his settlement, that he was earnestly desirous to fulfil his promise; and, when the Dissenters addressed him on his arrival, he avowed the same sentiments. In a speech made to Parliament, he said, As I doubt not but you will sufficiently provide against Papists, so I hope you will leave room for the admission of all Protestants who are willing and able to serve ;'-but, however, the Test Act was still retained by a majority of the House of Lords; and the king's zeal for the Dissenters gave rise to the bitter enmity of the bigots against him, which ceased not with his life. A proposal for a toleration was made Feb. 28, 1688: a bill for that purpose passed both houses without any serious opposition, and received the royal assent, May 24, 1689. As this may be considered the MAGNA CHARTA of the Dissenters, we shall insert a full account of it. ACT OF TOLERATION †. THE proper title of this Act is, An Act for exempting their Majestics Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws." The preamble states, "That forasmuch as some case to scrupulous consciences, in the exercise of religion, may be an effectual means to * See Bogue and Bennett's History, vol. I. page 108. + Toleration. The act obtained this uame; but it is not the title of the act, nor is the word mentioned in it. It is in fact an ungracious word, for it seems to imply a power in one man to permit another to worship God; whereas, as Bishop Buraet says, Liberty of Conscience is one of the rights f human nature antecedent to society, which no man could give op, because it was not in his own power.' unite their Majesties Protestant Subjects in interest and affection," it enacts as follows: viz. Sect. II. That neither the statute made in the 23d of Queen Elizabeth, intituled "An Act to retain the Queen's Majesty's Subjects in their due obedience *; nor the statute made in the 29th year of the said Queen, "for the more speedy and due execution of certain branches of the former act + ; nor that clause of a statute made in the 1st year of the said Queen, intituled "An Act for the Uniformity of Common Prayer," &c.; whereby all persons are required to resort to their parish church or chapel, upon pain of punishment by the censures of the church; and also upon pain that every person so offending, shall forfeit for every such offence twelve-pence; nor the statute made in the 3d year of the late King James, intituled "An Act for the better discovering and repressing Popish Recusants;" nor that other statute, intituled "An Act to prevent and avoid dangers which may grow by Popish Recusants ; nor any other law or statute of this realm made against Papists or Popish Recusants, shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths (of allegance and supremacy) and shall make and subscribe the declaration (against Popery); which oaths and declaration the Justices of Peace at the General Sessions of the Peace for the county, or place where such persons shall live, are hereby required to administer to such persons as shall offer themselves to make and subscribe the same, and thereof to keep a regis. ter: and, likewise, none of the persons aforesaid shall give or pay, as any fee or reward, to any officer belonging to the court, above the .sum of six-pence, for his entry of his taking the said oaths, &c. nor above the further sum of six-pence for any certificate of the same. Sect. IV. That every person that shall take the said oaths and make and subscribe the declaration aforesaid, shall not be liable to any pains, penalties, or forfeitures, mentioned in an act made in the 35th of the late Queen Elizabeth †, nor in an act made in the 22d of Charles the Second, intituled" An Act to prevent and suppress Seditious Conventicles ||; nor shall any of the said persons be prosecuted in any Ecelesiastical Court for their nonconforming to the Church of England. * 23 Eliz.. Every person, above the age of 16, which shall not repair to some church, or usual place of common prayer, shall forfeit £.20 a month; and, if he shall forbear the same 12 months, he shall be bound with two sureties in .200 at least, to his good behaviour, until be .conform. 29 Eliz. Every offender convicted of not repairing to divine service, shall every month afterwards until he conform, pay at the rate of £. 20 a month; and, in default, the Queen may seize all his goods, and two parts of his land. 35 Eliz. Any person, above 16, who shall refuse to go to church, and shall forbear the same for a month, without lawful cause, or shall, by printing, writing, or express words, endeavour to persuade any person to impugn her Majesty's ecclesiastical authority, or persuade any person to abstain from coming to church, or be present at any conventicle, shall be committed to prison till he couform to go to church; and, if submission be not made within three months after conviction, he shali abjure the realm of England; and, refusing to abjure, or returning without leave, shall be guilty of felony, without benefit of clergy. 22 Charles II. Any person, 16 or upwards, present at any meeting under pretence of religion (except according to the Church of England) Sect. V. Provided That, if any assembly of persons, dissenting from the Church of England, shall be held in any place for religious worship with the doors locked, barred, or bolted, during any time of such meeting together, such persons shall not receive any benefit from this law, but be liable to all the pains and penalties of all the aforesaid laws. Sect. VI. Provided That nothing herein contained shall be construed to exempt any of the persons aforesaid from paying of tythes, or other parochial duties; nor from any prosecution in any Ecclesiastical Court or elsewhere, for the same. Sect. VII. That if any person dissenting, &c. as aforesaid, shall hereafter be chosen high constable, or petit constable, churchwarden, overseer of the poor, or any other parochial or ward office, and such person shall scruple to take upon him any of the said offices, in regard of the oaths, or any other matter or thing required by the law to be taken or done in respect of such office, every such person shall and may execute such office by a sufficient Deputy, that shall comply with the laws on this behalf. Sect. VIII. That no person dissenting from the Church of England in holy orders, or pretended holy orders, or pretending to holy orders*, at which there shall be present five persons besides those of the family, if it be in a house where there is a family, or if in a house, field, or place where there is no family, shall forfeit 5s. for the first offence, for the second, 10s. to be levied on his goods; or, if he has no goods, on the goods of any other person convicted of the like offence at the same converticle; and every person taking upon him to preach at such conventicle, shall forfeit £. 20- and every person permitting such conventicle in his house, out-house, barn, yard, &c. shall forfeit .20 Any constable, &c. knowing of such meeting and not informing, &c. shall forfeit £.5; and a justice of the peace, omitting his duty in the execution of this act, shall forfeit £.100: and this act shall he construed most largely and bene ficially for the suppression of conventicles, and for the justification and encouragement of all persons to be employed in the execution hereof, and no warrant, &c. impeached by reason of default in form. In the latter part of the reign of Queen Ann, an act, called the Schism Bill, was passed, which forbade Dissenters to educate their own children, but required them to be put under the care of Conformists; and also forbade all tutors and schoolmasters to be present at any meeting-house. This iniquitous scheme was frustrated by the death of the queen, who died the very day on which it was to have taken place. But it was not till the year 1779 that the full benefits of the Toleration Act were extended to Dissenting Schoolmasters. The meaning of these terms has been well explained by J. Smith, Esq. Barrister at Law, in a judicious pamphlet, entitled "Observations on the Statute commonly called the Toleration Act," price 28. sold by Button and Butterworth, London. By persons in holy orders, he understands those who had received episcopal ordination before the Act of Uniformity took place. Among the 2000 who quitted their livings, there were many who had been so ordained. By persons in pretended holy orders, may be intended those ministers who, agreeably to some ordinances of parliament, were ordained by the Presbyteries, without the presence of a diocesan bishop. By the Act of Uniformity this kind of ordination was invalidated; and no such minister could officiate after 1662, without re-ordination; to which few would submit. nor any preacher or teacher of any congregation of Dissenting Protes tants, that shall make and subscribe the declaration aforesaid, and take the said oaths at the General or Quarter Sessions of the Peace, to be held for the county, town, parts, or division where such person lives, which court is hereby impowered to administer the same, and shalĺ also declare his approbation of and subscribe the Articles of Religion * mentioned in the statute made in the 13th of Queen Eliz. except the 34th, 35th, and 36th, and these words of the 20th Article; viz. "The Church hath power to decree rites or ceremonies, and authority in Controversies of faith, shall be liable to any of the pains or penalties mentioned in former acts. Sect. X. recites, That some Dissenting Protestants scruple the baptizing of infants; and then proceeds to enact, That every person in pretended holy orders, &c. &c. that shall subseribe the aforesaid Articles of Religion, except before excepted, and also except part of the 27th article, touching infant baptism, and shall take the said oaths, &c. &c. shall enjoy all the privileges, benefits, and advantages which any other Dissenting Minister might enjoy. Sect XI. That every teacher or preacher in holy orders, or pretended holy orders, that is a minister, preacher, or teacher of a congregation, that shall take the oaths herein required, and make and sub. scribe the declaration aforesaid, &c. &c. shall be exempted from serv. ing upon any jury, or from being appointed to bear the office of churchwarden, overseer of the poor, or any other parochial or ward. office, or other office in any hundred of any shire, city, town, parish, division, or wapentake. Sect. XII. That every justice of the peace may, at any time, require any person that goes to any meeting for exercise of religion, to make and subscribe the declaration aforesaid, and also to take the said oaths or declaration of fidelity hereinafter mentioned: in case such person scruples the taking of an bath, and upon refusal, such justice of the The third description is that of persons pretending to kely orders; that is, claiming to exercise the office of ministers, not in the church of England, but according to the usage of Dissenters. This class comprehended many in 1689; and now, almost all Dissenters are of this description. The fourth and fifth description comprize preachers and teachers of any congregation of Dissenting Protestants, The words in the act are disjunctive, "preachers or teachers." No distinction is made now of these persons; but it shews the design of the legislature to extend the toleration as far as any circumstances could be thought to require. It seems extraordinary, that when there was liberality enough in the state to allow this act, terms so invidious should be chosen. How ill do they apply to such men as Owen, Goodwin, Baxter, Charnock, Bates, Howe! &c. &c. How ill do they apply to such' men as Heary, Watts, Doddridge! &c. &e. Men pretending to holy orders! * subscription to the Articles is now dispensed with (to those who scruple such subscription) by au act of the 19th of Geo. III. entitled "Aa Act for the further Relief of Protestant Dissenting Ministers and Schoolmasters." Instead of signing the Articles, the minister is required to take the oaths, and to make and subscribe a declaration in the words following: viz. “ I, A. B. dò solemnly declare, in the presence of Almighty God, that I am a Christian and a Protestant; and as such, that I believe that the Scriptires of the Old and New Testament, as commonly received amonTM Protestant churches, do contain the revealed will of God and that I de receive the same as the rule of my doctrine and practice? peace is required to commit such person to prison, and to certif the name of such person to the next General or Quarter Sessions of the Peace, &c. Sect. XIII. recites, That there are certain other Dissenters whe scruple the taking of any oath; and then proceeds to enact, That every such person shall make and subscribe the aforesaid declaration, and also this declaration of fidelity following; viz. “I, A. B. do sincerely promise and solemnly declare, before God and the World, that I will be true and faithful to King William and Queen Mary; and I do solemnly profess and declare, that I do from my heart abhor, detest, and renounce, as impious and heretical, that damnable doctrine and position, That princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murthered by their subjects, or any other whatsoever and I do declare, That no foreign prince, person, prelate, state, or potentate, hath or ought to have any power, jurisdiction, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm:" and shall subscribe a profession of their Christian belief in these words: “I, A. B. profess faith in God the Father, and in Jesus Christ his eternal Son, the true God, and in the Holy Spirit, one God blessed for evermore; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by divine inspiration:"-which declarations and subscription shall be entered of record at the General Quarter Sessions, &c.; and every such person shall be exempted from all the pains and penalties of all every the aforementioned statutes, &c. and Sect. XVI. Provided That all the laws made and provided for the frequenting of divine service on the Lord's Day, commonly called Sunday, shall be still in force, and executed against all persons that offend against the said laws, except such persons come to some congregation or assembly of religious worship, allowed or permitted by this act. Sect. XVII. Provided That neither this act, nor any clause, article, or thing herein contained, shall extend, or be construed to extend, to give any case, benefit, or advantage to any Papist or Popish Recusant whatsoever, or any person that shall deny in his preaching or writing the doctrine of the blessed Trinity, as it is declared in the aforesaid Articles of Religion. Sect. XVIII. Provided That, if any person or persons do and shall willingly, maliciously, or contemptuously, come into any cathedral or parish-church, chapel, or other congregation permitted by this act, and disquiet or disturb the same, or misuse any preacher or teacher, such person or persons, upon proof thereof before any justice of the peace, by two or more sufficient witnesses, shall find two sureties, to be bound by recognizance in the penal sum of L. 50, and, in default of such sureties, shall be committed to prison, there to remain till the next General or Quarter Sessions; and, upon conviction of the said offence at the said General or Quarter Sessions, shall suffer the pain and penalty of L. 20 to the use of the King's and Queen's Majesties, their heirs and successors. Sect. XIX. That no congregation or assembly for religious worship, shall be permitted or allowed by this act, until the place of such meet◄ ing shall be certified to the Bishop of the Diocese, or to the Archdeacon of that Archdeaconry, or to the justices of the peace at the General or Quarter Sessions of the peace for the county, city, or place in which such meeting shall be held, and registered in the said Bishop's or Arch, |