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 These severe statutes were not repealed, but were, with many conditions and precautions, relaxed.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 belief in the articles of the Church of England, with a few exceptions. The propositions to which he was not required to assent were these; that the Church has power to regulate ceremonies; that the doctrines set forth in the Book of Homilies are sound; and that there is nothing superstitious and idolatrous in the ordination service. If he declared himself a Baptist, he was also excused from affirming that the baptism of infants is a laudable practice. But, unless his conscience suffered him to subscribe thirty-four of the thirty-nine articles, and the greater part of two other articles, he could not preach without incurring all the punishments which the Cavaliers, in the day of their power and their vengeance, had devised for the tormenting and ruining of schismatical teachers.
