their convents, they could not have been prevented by parliament from difpofing of them, as they might think proper; for the only full teft of perfect dominion in property is the abfolute freedom of difpofing of it. Moreover, if these church lands were not then looked upon as a part of the national truftfund, parliament would not have enacted, that they should be forfeited to the state by fuch convents, as permitted their alien fpiritual fɑperiors to interfere with or take away any part of their revenues or poffeffions.

The church lands and revenues, which in the reign of king Henry VIII. were given to or vefted in lay perfons by parliament, were confirmed to the lay proprietors by the first and fecond Phil. & Mary, c. 8. Now if the act of divefting them out of the fpiritual corporations, and vefting them in lay perfons, were facrilegious and against the law of God, or malum in fe, then was it out of the power of parliament to enact it, and the act was of itfelf invalid, and an invalid act can receive no confirmation, for confirmare eft id, quod eft, firmum facere. No length of time could induce an obligation of complying with an act of parliament, that enacted malum in fe; but in this cafe, barely twenty years had intervened between the paffing of the acts and their confirmation. It appears evident, that the parliament

parliament in queen Mary's days, after their reconciliation with the fee of Rome, held themselves to poffefs the fame power or controul over the church lands, as did the parliament in the time of king Henry her father; for although they might have been induced by many political reafons to confirm the poffeffions of the church lands to the then lay proprietors, yet the fame reasons for peace and quiet could not apply to the crown, as to private individuals; and by that very act were all fuch lands and revenues confirmed to the queen, which had not been divefted out of the crown during the two preceding reigns. Whence we must neceffarily conclude, that although parliament be never justifiable in mifapplying any part of the national fund; yet do they command the fame power and controul over the revenues of the church, as over any other part of that fund; and are equally bound by their duty and trust to model and regulate it, as they shall think the preservation and welfare of the community require.

The ftatutes for the clergy and of provifors of benefices (25 Ed. III) and of premunire for fuing in a foreign realm, or impeaching of judgment given, (27 Ed. III.) are founded in the power of parliament, over the temporalities of the church,

CHAP.

CHAP. V.

OF SOME MODERN DOCTRINES CONCERNING
THE RESISTANCE OF INDIVIDUALS AGAINST

THE CIVIL ESTABLISHMENT OF RELIGION.

N

O man of the flighteft obfervation or
reflection can at this day be ignorant

The malcontented with

tents difcon

the prefent

of the confidence, with which the malcontents establishment. of the hour inveigh against the ecclefiaftical and civil establishment of our present conftitutional polity; infifting upon the abfolute fubverfion of the one, and a general reformation and alteration of the other. But it is an obvious question, Who are these malcontents? They are not only compofed of the remains of fome of the old fets of diffenters from the established church, fuch as anabaptists, puritans, independants, &c. but more generally of the various fets of modern fubdiffenting improvers upon their ancient masters, whom Dr. Price feems, with unbounded affection and zeal, to have admitted as his worthy affociates and fellow labourers in the good common cause of diffent from the principles, and refiftance against the establishment of the national church. Of thefe Mr. Burke fpeaks,

Dr. Price's en

couragement to diffent.

with his ufual elegant and nervous poignancy, «If the noble feekers fhould find nothing to fatisfy their pious fancies, in the old staple of the national church, or in all the rich variety to be found in the well-afforted warehoufes of the diffenting congregations, Dr. Price advifes them to improve upon nonconformity, and to fet up, each of them, a feparate meeting-houfe, upon his own particular principles t. It is fomewhat remarkable, that this reverend divine fhould be fo carneft for fetting up new churches, and fo perfectly indifferent concerning the doctrines which may be taught in them. His zeal is of a curious character. It is not for the propagation of his own opinions, but of any opinions. It is not for the diffusion of truth, but for the fpreading of contradiction. Let the noble teachers but diffent, it is no matter from whom or from what. This great point once fecured, it is taken for granted their re

Reflections on the Revolution in France, p. 14 and 15.

+ "Those who diflike that mode of worship, which is prescribed by public authority, ought, if they can find no worship out of the church, which they approve, to fet up a feparate worship for themselves; and by doing this, and giving an example of a rational and manly worship, men of weight, from their rank and literature, may do the greatest fervice to fociety, and the world." P. 18, Dr. Price's Sermon.

ligion will be rational and manly. I doubt whether religion would reap all the benefits which the calculating divine computes, from this great company of great preachers. It would certainly be a valuable addition of non-defcripts to the ample collection of known claffes, genera, and fpecies, which at present beautify the hortus ficcus of diffent."

Whenever, in the courfe of this work, I fhall have occafion to mention any fets of perfons known by a common defcription or appellation of religious focieties, or fectaries diffenting from the established church, I do not mean even to hint at the religious or theological tenets, doctrines, or principles, by which they differ from it or from each other.

Polemical difcuffion is not my province. And I have no other motive nor reafon to refer to or animadvert upon the tenets, doctrines, or principles of any fuch focieties or fectaries, but inasmuch as they contradict or counteract thofe general and fundamental principles of civil government, upon which the fyftem of our prefent conftitution and government is formed and preserved. The inhabitants of this inland certainly form one entire community, to whom it is fully competent to model and establish that conftitution and system of government, which they fhall chufe; and

from