"article of the faith, or be thought "requifite or neceffary to falva

affembled.

The humble Petition of certain of the clergy of the Church of England, and of certain of the two Profeffions of Civil Law and Phyfic, and others, whofe names are hereunto fubfcribed.

Sheweth,

HAT your petitioners ap

certain rights and privileges which they hold of God only, and which are fubject to his authority alone. That of this kind is the free exercife of their own reafon and judgment, whereby they have been brought to, and confirmed in, the belief of the Chriftian religion, as it is contained in the Holy Scriptures That they esteem it a great bleffing to live under a conftitution, which, in its original principles, enfures to them the full and free profeffion of their faith, having afferted the authority and fufficiency of Holy Scriptures in-"All things neceffary to falvation; fo that "whatsoever is not read therein,

66

66

nor may be proved thereby, is "not to be required of any man "that it fhould be believed as an

That your petitioners do conceive that they have a natural right, and are alfo warranted by thofe original principles of the the church of England is conftireformation from Popery, on which tuted, to judge in fearching the fcriptures each man for himself, what may or may not be proved thereby. That they find themfelves, however, in a great measure precluded the enjoyment of this invaluable privilege by the laws relating to fubfcription; whereby your petitioners are required to acknowledge certain articles and con

up by fallible men, to be all and every of them agreeable to the faid fcriptures. Your petitioners therefore pray, that they may be relieved from fuch an impofition upon their judgment, and be restored to their undoubted right as Proteftants of interpreting Scripture for themfelves, without being bound by any human explications thereof, or required to acknowledge, by fubfcription or declaration, the truth of any formulary of religious faith and doctrine whatsoever, befide Holy Scripture itself.

That your petitioners not only are themselves aggrieved by fubfcription, as now required,( which they cannot but confider as an encroachment on their rights, competent to them both as men and as

members

members of a proteftant establishment) but with much grief and concern apprehend it to be a great hinderance to the fpreading of Chrift's true religion: As it tends to preclude, at leaft to difcourage, further enquiry into the true fenfe of Scripture, to divide Communions, and caufe mutual diflike between fellow Proteftants: As it gives a handle to unbelievers to reproach and vilify the clergy, by reprefenting them (when they obferve their diverfity of opinion touching thofe very articles which were agreed upon for the fake of avoiding the diverfities of opinion, as guilty of prevarication, and of accommodating their faith to lucrative views or political confider ations: As it affords to Papifts, and others difaffected to our religious eftablishments, occafion to reflect upon it as inconfiftently framed, admitting and authorizing doubt ful and precarious doctrines, at the fame time that Holy Scripture alone is acknowledged to be certain, and fufficient for falvation: As it tends (and the evil daily increases) unhappily to divide the clergy of the establishment themselves, fubjecting one part thereof, who affert but their Protefiant privilege to queftion every human doctrine, and bring it to the test of Scripture, to be reviled as well from the pulpit as the prefs, by another part, who feem to judge the articles they have fubfcribed to be of equal authority with the Holy Scripture itfelf: And lastly, As it occafions fcruplesand embarraffments of confcience to thoughtful and worthy perfons in regard to entrance into the miniftry, or chearful continu ance in the exercise of it.

That the clerical part of your

petitioners, upon whom it is peculiarly incumbent, and who are more immediately appointed by the state, to maintain and defend the truth as it is in Jefus, do find themfelves under a great reftraint in their endeavours herein, by being obliged to join iffue with the adverfaries of revelation, in fuppofing the one true fenfe of Scripture to be expreffed in the present established fyftem of faith, or elfe to incur the reproach of having departed from their fubfcriptions, the fufpicion of infincerity, and the repute of being ill-affected to the church; whereby their comfort and usefulness among their refpective flocks, as well as their fuccefs against the adverfaries of our common Christianity, are greatly obftructed.

That fuch of your petitioners as have been educated with a view to the feveral profeffions of Civil Law and Phyfic, cannot but think it a great hardfhip to be obliged (as are all in one of the Univerities, even at their first admiffion or matriculation, and at an age fo immature for difquifitions and decifions of fuch moment) to fubfcribe their unfeigned affent to a variety of theological propofitions, concerning which their private opinions can be of no confequence to the public, in order to entitle them to academical degrees in thofe faculties; more efpecially as the courfe of their studies, and attention to their practice refpectively, afford! them neither the means nor the leifure to examine whether and how far fuch propofitions do agree with the word of God,

That certain of your petitioners have reafon to lament, not only their own, but the too probable misfortune of their fons, who, at

an

an age before the habit of reflection can be formed, or their judgment matured, muft, if the prefent mode of fubfcription remains, be irrecoverably bound down in points of the highest confequence, to the tenets of ages less informed than their own.

That, whereas the first of the three articles, enjoyed by the 36th canon of the Church of England to be fubfcribed, contains a recognition of his majesty's fupremacy in all caufes ecclefiaftical and civil, your petitioners humbly prefume, that every fecurity, propofed by fubfcription to the faid article, is fully and effectually provided for by the oaths of allegiance and fupremacy, prescribed to be taken by every Deacon and Prieft at their ordination, and by every Graduate in both Universities. Your petitioners, nevertheless, are ready and willing to give any farther teftimony which may be thought expe dient, of their affection for his majefty's perfon and government, of their attachment and dutiful fabmiffion in church and ftate, of their abhorrence of the unchriftian fpirit of Popery, and of all thofe maxims of the church of Rome, which tend to enflave the con-sciences, or to undermine the civil or religious liberty, of a free Proteftant people.

Your petioners, in confideration of the premises, do now humbly fupplicate this Honourable Houfe, in hope of being relieved from an obligation fo incongruous with the right of private judgment, fo pregnant with danger to true religion, and fo productive of diftrefs to many pious and confcientious men, and useful fubjects of

the state; and in that hope look up for redress, and humbly fubmit their caufe, under God, to the wifdom and juftice of a British Parliament, and the piety of a Protestant King.

And your petitioners shall

ever pray, &c.

Sir William Meredith moved to bring up the above petition: but Sir Roger Newdigate objected to the receiving of it, as it came from perfons who had done that which they reprefented to be wrong, and which they wanted to undo. Lord John Cavendish wished the petition to be brought up, and examined with temper. Lord North objected to it, as tending to revive the flames of ecclefiaftical controverfy; and wifhed never in that houfe to proceed to the difcuffion of orthodoxy. On a divifion it was rejected, Yeas 71, Nays 217.

1

great principle common to all Protestant Diffenters, they hope for the unanimous concurrence of their brethren in the miniftry, in fo interesting an affair.

You are, therefore, defired, if you approve the defign, to meet your brethren at the Library in Redcross-street, on, &c. to confider of the best means to pursue this great defign, and to chufe a committee for that purpose.

I am, in the name of many of the brethren, &c.

Some particulars of the proceedings in the great caufe between Mr. Alderman Townsend, and the colleclor of the land tax.

N Tuesday June 7, at ele.

Mansfield at Weftminster-hall, the caufe between Mr. Alderm. Townfend, and Mr. Hunt collector of the land-tax.

The bufinefs was opened by Mr. Davenport; who informed the jury, that this action was brought by Mr. Townsend against Mr. Hunt, for diftraining a large quantity of hay, amounting to the value of 130l. belonging to Mr. Townfend, upon his refufing to pay his affellment of the land-tax.

Mr. Serjeant Glynn next entered more fully into the question, and, in a fpeech which lafted near half an hour, laid before the jury the motives which had influenced Mr. Townsend to bring the matter in agitation, and the grounds upon which he had framed his action.

He faid Mr. Townsend had not brought this action into that court from any pecuniary motives, but from an anxious care of the rights

of the electors of the kingdom in general, and of the county of Middlefex in particular. He faid Mr. Townfend grounded his refufal of paying his affeffiment of the landtax, upon his not being fully reprefented in the affembly who had impoted that tax, which therefore, he thought an illegal impofition.

Mr. Townsend admitted the commiffioners and the officer to have done no more than their duty, according to the land-tax act; but he contended that that act was fo defective, as not to give authority to the commiflioners to levy the tax.

This defect he proceeded to prove. He faid, that to conftitute the legality of all impofitions of that kind, it was neceffary they should have the confent of all the repre

act had not fuch confent; that the county of Middlesex, in which Mr. Townfend lived was not fully reprefented. Here he entered into a detail of the feveral Middlesex elections, ftated the numbers of the poll on each, recited Mr. Wilkes's different expulfions, rejections, and final incapacitation, the admiffion of Mr. Luttrell, &c. &c. (all which particulars are well known) and concluded with faying, that "Mr. Wilkes was by force withheld from his feat." He then expatiated upon the dreadful injuries the right of election might fuftain from this power affumed by the commons of incapacitating Mr. Wilkes. "God knows (he faid) how far these incapacities may be multiplied, they may be carried fo far as even to annihilate the mode of election." As this fubject has been fo thoroughly difcuffed, it was impoffible for the ferjeant to offer any thing

new

new upon it. After telling the jury, therefore, that if they coincided in opinion with him, that the county of Middlefex was not fully and fairly reprefented, they would find for the plaintiff; but that if they thought the prefent House of Commons had authority to impofe fuch a tax, then the defendant was juftified: he concluded with faying, he fhould produce the evidence of the poll-books, the sheriff's return, the clerk of the petty-bagoffice, &c. to prove Mr. Wilkes was the legal reprefentative for the county of Middlesex.

On the part of Mr. Hunt were retained the attorney-general, (who, however, was not there, though the caufe was poftponed from nine to eleven, in expectation of his coming), Mr. Wallace, Mr. Lee, and Mr. Mansfield. Mr. Wallace anfwered Serjeant Glynn no other wife, than by fhewing the act of parliament by virtue of which the collector had acted; and this was likewife the only argument urged by the other gentlemen.

Lord Mansfield told the jury, that the queftion before them was, in fact, no other than, "Whether there was any legiflative power in this country?" If they acknowledged there was, then they muft find for the defendant; and that, as to the evidence offered to be produced by the ferjeant, it was his opinion, "That it was not by law competent, and was inadmiffible."

In lefs than two minutes after his fordthip had done fpeaking, the ufual queftion was put to the jury by the proper officer, when anfwer was made, that they found for the defendant; upon which the officer proceeded to record the verdict, when Mr. Reynolds the under

fheriff interrupted him, by calling out, that one of the jury was not of that opinion. The officer ftopped; and the jury were ordered to confer together again; when in about five minutes the fame verdict was given as before, viz. for the defendant.

Mr. Townsend was in court all the time; and after the whole was over, faid, that the affair fhould end here.

Summary of the trial of James Bolland, for forgery.

N

ON

Wednesday, February 19,

came on the trial of James Bolland, who was indicted for felonioufly forging and counterfeiting on the back of a promiffory note for payment of money, drawn by one Thomas Bradshaw, and indorfed by one Samuel Pritchard, a certain indorsement in the name of James Banks, with intent to defraud Francis Lewis Cardineaux, against the ftatute. He alfo flood charged with uttering and publifh'ing, as true, on the back of the faid promiffory note, the faid falle and forged indorfement in the name of James Banks, knowing the same to be falfe and counterfeit.

The note was produced in court by Sir John Fielding's clerk, with whom it had been left by Mr.

Levi.