The latter statute had fallen into complete disuse,
and many of the provisions of the former had been relaxed,
though magistrates in general construed the relaxing
enactments as leaving the relaxations wholly at their
discretion to grant or to withhold, and were very
much in the habit of withholding or abridging them.
Other statutes, such as the Test Act, had subsequently
been passed against every sect of Dissenters, though
they had only imposed civil disabilities, and had
not inflicted penalties. But the new Prime-minister
was a man to whose disposition anything resembling
persecution was foreign and repugnant. Before
his predecessor’s unhappy death he had already
discussed with him the propriety of abolishing laws
conceived in such a spirit; and he no sooner found
himself at the head of the government than he prepared
a bill to carry out his views. He drew a distinction
between the acts inflicting penalties and those which
only imposed disabilities. With these latter he
did not propose to interfere; but, in July, his colleague,
Lord Castlereagh, introduced into the House of Commons
a bill to repeal the Conventicle Act and the Five
Mile Act altogether, and, when it had passed the Commons,
he himself moved its adoption by the Lords, enforcing
his recommendation by the argument, that “an
enlarged and liberal toleration was the best security
to the Established Church, a Church not founded on
the exclusion of religious discussion, but, in its
homilies, its canons, and all the principles on which
it rested, courting the investigation of the Scriptures,
upon which it founded its doctrines.” At
the same time, while urging the repeal of acts which
he truly branded as a disgrace to the statute-book,
he was not blind to the duty imposed on him, as responsible
for the public tranquillity, of taking care that meetings
held ostensibly for purposes of devotion should not
be perverted to the designs of political agitators;
and therefore he provided in the bill for the registration
of all places appropriated to religious worship, and
for the exaction from “the preachers and teachers
in those meetings of some test or security in the
oaths to be taken by them.” He had already
secured the acquiescence of the bishops, and he was
equally successful now in winning the assent of the
House. The conditions, such as they were, did
not prevent the bill from being entirely acceptable
to the Non-conformists; and though their spokesman
in the House of Commons, Mr. W. Smith, member for
Norwich, confessed a wish “that it had gone a
little farther, and had granted complete religious
liberty,” he at the same time expressed sincere
gratitude on the part of the Non-conformists for what
was thus done for them; and declared that, “as
an act of toleration, it certainly was the most complete
which had hitherto been passed in this country.”
It was, in fact, the beginning of the abandonment
of that system of discouragement of and hostility to
all sects except the Established Church, which had
hitherto been regarded by a large party as one of
the most essential principles of the constitution.
And as such it makes the year 1812 in some respects
a landmark in our constitutional history.