LITMIR.BIZ

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by means of a certain lever or of a certain system of pulleys, will suffice to raise a certain weight. But his demonstration proceeds on the supposition that the machinery is such as no load will bend or break. If the engineer, who has to lift a great mass of real granite by the instrumentality of real timber and real hemp, should absolutely rely on the propositions which he finds in treatises on Dynamics, and should make no allowance for the imperfection of his materials, his whole apparatus of beams, wheels, and ropes would soon come down in ruin, and, with all his geometrical skill, he would be found a far inferior builder to those painted barbarians who, though they never heard of the parallelogram of forces, managed to pile up Stonehenge. What the engineer is to the mathematician, the active statesman is to the contemplative statesman. It is indeed most important that legislators and administrators should be versed in the philosophy of government, as it is most important that the architect, who has to fix an obelisk on its pedestal, or to hang a tubular bridge over an estuary, should be versed in the philosophy of equilibrium and motion. But, as he who has actually to build must bear in mind many things never noticed by D'Alembert and Euler, so must he who has actually to govern be perpetually guided by considerations to which no allusion can be found in the writings of Adam Smith or Jeremy Bentham. The perfect lawgiver is a just temper between the mere man of theory, who can see nothing but general principles, and the mere man of business, who can see nothing but particular circumstances. Of lawgivers in whom the speculative element has prevailed to the exclusion of the practical, the world has during the last eighty years been singularly fruitful. To their wisdom Europe and America 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

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