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juftice, to the laws of men, and of nature; that it is much to be apprehended therefore, that in its future confequences it may be productive of civil wars, of the moft complicated, perverfe, and ruinous kind, equally dangerous to the throne, and deftructive to the people.

Among the objections to particular parts; the annulling of the marriages, and declaring the children illegitimate, was much complained of; and it was faid, that any other reftraints, terrors, or penalties, would be much more eligible. That it tended evidently to influence the fucceffion to the crown, as the prefumptive heir may be kept unmarried as long as the fovereign lived; and thus the crown might become in a great measure regally elective. It was faid to be indecent to the royal family, to fuppofe them in a flate of nonage till 26 years of age, when all the rest of mankind were of age at 21; and they themselves were capable by law, at that age, of holding the regency of the kingdom, though they were not to be entrusted in the choice of a wfie. And that, notwithstanding the harthnefs and cruelty of the bill, it is in several inftances extremely defective in providing for its own purpofe; but effentially fo, in its having provided no remedy, at any age, against the improvident mar riage of the king reigning, the marriage of all others the moft important to the public.

On the other fide it was faid, that all thofe evils, dangers, and fuppofed acts of cruelty, were merely chimerical, and could never exift, but in the imagination. That the fovereign was the natural and

proper guardian and judge of the honour, dignity, and conduct of his family; the rewarder of their virtues, and the only effectual reprover of their follies, or corrector of their vices. That kings had too many things to demand their attention, to have it fuppofed that they should extend this fuperintendency and care beyond their neareft relations; or thofe who ftood in fuch a degree with refpect to the crown, as to be of the greatest importance to the nation. That if any improper use should be made of this authority, or any injuftice or oppreflion fuffered in confequence of it, things which are not to be expected, parliament would always be ready to redress the one, and to grant relief in the other cafe, and at the fame time to punish the minifter who dared to advife fuch a measure.

That all power is undoubtedly liable to abufe; but that parliament is a watchful check, and a fevere avenger in fuch cafes. That if any inconveniency fhould be found to arife from this bill, they may be as eafily remedied an hundred years hence as at the present moment. That the powers in this bill, to prevent and annul marriages, are not contrary to religion; that the fame powers are ufed in the marriage-act, and in the law to prevent lunatics from marrying; and neither were ever complained of. That the difhonour reflected upon the crown by improper alliances, calls loudly for an authority of this nature to prevent them ; and that the great evils which the nation formerly experienced, in confequence of marriages between the royal family and the fubjects, fufficiently flew it to be a matter of

the

the moft public concern. That as the royal family are not in the marriage-act, this, or fome other bill to the fame purpofe, is become abfolutely neceflary; that it is im

poffible to draw the line exactly at first, and that it must be hereafter guided by future experience and exigency.

CHA P. VIII.

Bill for the relief of the Diffenters with respect to fubfcription; debates thereupon; paffed by the Commons, but rejected by the Lords. Eaft India company bill, for regulating their fervants in India. Select committee on East India affairs. Committee of enquiry into the behaviour of the Lords to the Commons. Corn bill. liament rifes.

I

N the courfe of the debates upon the late petition from fome of the clergy, for relief in the matter of fubfcription, feveral favourable fentiments were thrown out with regard to the diffenting minifters, and fome concern was expreffed for the hardships they fuffered, in being obliged, under heavy penalties, to fubicribe the articles of a church to which they did not belong, and from which they fought neither promotion nor emolument; and fome gentlemen declared their readiness to confent to a bill for their relief.

This favourable difpofition in one part of the legiflature, naturally occafioned a meeting of fome of the minifters in London, to confider of a petition to parliament for that purpofe; but they found that the feffion was fo far advanced, that the time limited for the receiving of petitions would be elapfed, before they could receive that affiftance from their brethren in the country which they deemed neceffary to give it due weight, and to fhew it to be a matter of general concern: upon this account it was concluded to defer the application until the enfuing feffion.

King's Speech. Parlia

Some promifes of fupport which they afterwards met with, and an offer to introduce a bill in their favour by way of motion, which might be done in any part of the feffion, made them depart from this refolution, and a committee of the body was accordingly appointed at a general meeting, to conduct the bufinefs, and to prepare a bill for the purpose.

It may be neceffary to premife, that, by the act of toleration of the firft of William and Mary, the diffenters gained a legal right to the exercife of the divine worship in their own manner; but this right was conditional, with refpect to their minitiers,their fchool-mafters, and private tutors, who were obliged to fubfcribe to the doctrinal parts of the 39 articles, which are by much the greater part of the whole, and were only excufed from fomething more than two, which related moftly to difcipline. Without fuch fubfcription,thofe we have mentioned were fubject to theheavy penalties, which have been fo often and fo much complained of, in fome of our laws relative to religion, and which ftill continue unrepealed. As the diffenters of that

time

time were as ftrongly attached to the doctrinal parts of thofe articles as even the members of the eftablished church, and that difcipline conftituted the great line of diftinction between them, this fubfcription was not then confidered as a matter of hardship, or, if it had, would probably have been remitted, upon the general principles of religious liberty and toleration, which operated in the bringIng in and paffing of the law.

It appears that a great change has fince taken place in the religious opinions of many of the Diffenters, and that the Calvinifm which then prevailed has in a great degree declined; and if we might prefume to form any judgment from the small number of their divines, who for many years have fubfcribed to the articles, it might be concluded that this change has been very general. By this means they became liable to the heavy penalties of those laws we have mentioned; and it is perhaps as much owing to the general indifference of the times, in regard to religious matters, as to the lenity of government, that they have not been more frequently enforced against them. April 3d. The bringing in of this bill gave a great alarm to the high church gentlemen, who, feeing the former petition, and the attempt upon the church nullum tempus claim, immediately fucceeded by another attack upon the 39 articles, began to imagine that fome fettled design was formed, fubverfive of the cftablished religion. They accordingly oppofed it with great warmth; but found the general fenfe of the houfe ftrongly against them, and were furprized to fee a confiderVol. XV.

able part of adminiftration, and almoft the whole of oppofition, for once join in opinion, and both appear equally fanguine in the caufe of religious liberty, and for extending the benefits of toleration, The motion was accordingly carried without a divifion, and the numbers that appeared against it, upon the fecond and third reading, were fo fmall, as fcarcely to merit obfervation. It was however productive of very confiderable debates, as well in this part of its progrefs, as when it was afterwards carried up to the house of lords.

Many of the arguments, made ufe of in these debates, were of courfe upon the fame principles with thofe which had been already repeated upon the former affair of the petition. Many others, however, were diftinct, and upon new ground. It was faid in oppofition to the bill, that a total exemption from fubfcription would open the way for fuch an inundation of enthufiafm, abfurdity, and extravagance into the Chriftian church, as would equally deface and deform it; that Arians, Socinians, Deifts, and profane fcoffers of all denominations would take that oppor tunity to mount the pulpit, and therefrom to undermine, ridicule, or directly attack the principles of the Chriftian religion, and perhaps to deny the divinity of its author.

That though the Diffenters were a refpectable body, and that a proper regard fhould be paid to the tenderness of their confciences, and even to their prejudices, fome regard was alfo due to the members of the established church, who were much more numerous, and should not be held lefs refpectable; that [*F]

they

they would undoubtedly take the
alarm upon
this occafion; and, as
a fupreme body, claim a prior re-
gard from the legislature. That
this bill, inftead of being entitled,
An Act for relief, &c. fhould have
borne its true name, and should
have been entitled, An Act for the
encouragement of Presbyterianism,
and for weakening and deftroying
the church of England; that thus
it became dangerous to the state in
a double degree; by reviving ani-
mofities, which were almoft worn
out, between the body of the peo-
ple and the Diffenters, and by the
eftablishment of a republican reli-
gion, which had been at all times
the fworn foe to monarchy.

It was faid befides, that the pe-,
nal laws were only held in terro-
rem, and were rarely enforced;
and that this lenity in the exe-
cutive powers made the proposed
regulations totally unneceflary;
why then is an application of this
nature made, and people's thoughts
directed to matters that were bu-
ried in oblivion, when there is no
grievance exifting on which to
found a complaint? They admit
themselves, that very few of them
have fubfcribed to the articles,
yet they live in all eafe and fecu-
rity it is well known, that, mo-
derate as they are, very few of
them comply with the other terms
of the act of toleration, or will
give themselves the trouble of at-
tending the quarter-feffions, to take
the oaths, and make the declara-
tion against popery; why then, in
this time of general relaxation of
the laws, and of undisturbed pof-
feffion to every man in his opi-
nions, let them be what they may,
why, in the cafe and wantonnefs
of their hearts, do they interrupt

:

this harmony that was growing up between the Church and the Diffenters? why not reft contented in the general connivance, without troubling the legislature to juftify their neglects and omiffions, and to authorize their breach of one law by the paffing of another? They firft break the law, and then not content with impunity, muft have a difpenfation for fo doing.

It was faid, that the Diffenters had complained of no grievance, nor brought any petition; that they were going to redress grievances, of whofe exiftence they had no proof; that they had not, as they ought, excepte against any particular articles; that it was not intended by government, in the act of toleration, to grant relief to all Diffenters, or to all unbelievers, without exception; but that it was intended for the benefit of thofe only who agreed with the Church in 35 articles and an half, which contained the essentials of her faith; and that those who now apply for relief, do not at all come within the denomination of Diffenters, as the term was then understood; but are a new body of men, holding principles totally different, and who are not known to the law. Some gentlemen on that fide were difpofed to grant them relief, by a mitigation of fome of the penalties, or by repealing one or two of the ftatutes that bore the heaviest upon them; while others feemed of opinion, that the house fhould not at all engage in religi ous difquifitions.

It was faid on the other fide, that, after having experienced the happy benefits of toleration for more than fourfcore years, it was little to be expected, in this enlightened

lightened age, that any plea for its utility would now become neceffary. That as to the mifchiefs reprefented from the preaching of enthufiafts or infidels, the free toleration both in Scotland and Ireland, where no fubfcriptions are required, and none of thofe confequences enfue, are living evidences to the contrary; that no fubfcriptions can keep vicious men or infidels out of any church; and that, as they are not reftrained by any principles, they will naturally go where the greateft emoluments are to be gained; it is to them a matter of indifference how many articles are made, they will fign them all; and fuch reftraints can only operate upon those who feel themselves fenfibly bound by principles. That there are laws fufficiently severe in being to curb and punith all open attacks upon the great fundamentals of Chriftianity, whether from the pulpit, or elfewhere; that the declaration proposed in the bill, and the teftimonial to qualify a preacher, will prevent the intrufion of improper perfons into that function; that even this restraint has not operated for thefe forty or fifty years paft upon the Diffenters, during which time they have not entered into any fubfcription, and yet none of thofe confequences fo fatal to religion and morality, and which have been fo frightfully defcribed, have, in any degree, appeared; and that the Quakers, who fubfcribe to no articles, are as inoffenfive a people, and have fewer fingularities, than they had in the days of perfecution.

That with refpect to the charge made upon the prefent Diffenters, of their having deviated in fome

matters from the religious opinions of their ancestors, it is probably well founded; and if the enquiry could be accurately made, it would perhaps appear, that the charge would equally lie against every order and community of mankind, among whom civilization and learning have taken place: opinions are at all times fluctuating things, and the variations are more or lefs in particular periods; but they will in general be found to increase upon fpeculative fubjects, in proportion to the learning of the times, and the leifure which the people have to bestow upon them. Another charge of a harsher nature is made upon them, of their holding principles fubverfive of Chriftianity if this charge be reftricted to fome particular individuals, it may hold as well against them, as against any other body of equal number; but, if it be general, it is cruel and unjuft; the names of many gentlemen of the diffenting clergy, who never fubfcribed to articles, will long be remembered with veneration by Chriftians of all denominations, for their able defence of Chriftianity against its moft dangerous affailants; among many other names that might be mentioned withequal authority, are a Lardner, or a Leland, to be fufpected of irreligion or deifm? yet the overthrower of Bolingbroke, and the expofer and detector of his dangerous fallacies, would, if he had lived in England, have been liable to fine and imprifonment, for explaining that gofpel to his congregation which he had fo ably defended against its enemies.

That the charge against the Diffenters, of being natural ene[*F] 2

mies

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