ever in the Power of fuch Men to fucceed in any fuch Attempt; and for this Purpofe, I think it abfolutely neceffary to exclude them from any Share in the executive Part of our Government at leaft; because, if the executive Part fhould once come to be generally in their Hands, they would very probably get the Legifla. tive Part likewife, from which Time it would be in vain to think of preventing, in a peaceable Manner, their doing whatever they had a Mind ; and it must be prefumed they would have a Mind to do what they thought themselves in Duty bound to do. To exclude a Man from a profitable Poft or Employment I fhall admit to be a Hardfhip upon the Man fo excluded; but as it is abfolutely neceffary for the Prefervation of our Eftablished Church, to exclude thofe who think it their Duty to destroy it, from any Share in the Executive Part of our Government; therefore, this Exclufion can no more be called Perfecution, than it can be called Oppreffion, to exclude Nonjurors from any Share of our Government Executive or Legislative, nor can fuch Exclufion be deemed a Punishment in the one Cafe, any more than in the other. In the fuppofed Cafe of a brave Diffenter's being advanced to the Command of a Regiment, I fhall grant that it would be a great Hardship upon him to be turned out of Command, and to be expofed to a ftarving Condition, upon his Return to his native Country; but the fame Cafe may be fuppofed with Refpect to a Roman "Catholick Gentleman; yet there would be no Perfecution in either Cafe; becaufe the excluding of all fuch Men from any Command of our Army, efpecially here at home, is, I think, abfolutely neceffary for the Prefervation of our Conftitution in the happy State it is in at prefent: Nor could fuch an Exclufion be call'da Punish ment upon the Man fo excluded, no more than it can be called a Punishment upon a Man of five Foot and a Half to be excluded from being a Soldier in the Guards; for neither of thefe Exclufions proceeds from any Crime or Fault in the Man, it being as impotlible for a Man to alter his Opinion when he has a Mind, as it is to add two or three Inches to his Stature when he has Occafion for it; but as the latter becomes neceffary for the Sake of preferving the Beauty and Symetry of a Regiment, fo the former becomes neceffary for the Sake of preferving the Beauty and Symetry of a Society. The Argument raised from the fuppofed Abufe of the bleffed Sacrament of the Lord's Supper, is founded upon a Fact which I cannot admit ; for as there is nothing in this Law that can compel the Admiffion of an unworthy Perfon, as the Ministers of our Church may refufe to admit any Perfon to that Sacrament who does not devoutly and humbly defire it, or for any other unlawful Cause, I must prefume no unworthy Perfons are admitted; or at least if there be, it does not proceed from any Fault in this or any other of our Statutes, but from the criminal and irreligious Neglect of the Minifter who admits them. As to the Unity and Peace of our People, I am perfuaded, the Repeal of this Law, and another which I believe is likewife intended, would raife most terrible Disturbances and Confufions; for with Refpect to all Pofts and Employments that go by Election, we should have all the Dif fenters combining clofely together, to bring in their Friends, which would of Courfe breed many Riots and Tumults. And as to our Trade, it depends fo much upon the Peace and Tranquility of the Nation, that if we have a Mind to preferve it, we Z2 2 ought ought not to make any new Regulation or repeal any old, if by fo doing we run the Rifque of raifing Hearthurnings and Jealoufies among our People. Practice or Indulgence has been con tinued for many Years, and continues to this Day, yet the Eftablished Church in that Country is fo far from being in any Danger of being overturned by what is there the diffenting To this it was reply'd in Subftance Intereft, that the former is daily gainas follows: SIR, Shall take but very little of up your Time, in replying to what has been faid; for in my Opinion, the Arguments for the Motion have been not only confirmed, but enforced by what has been faid in anfwer to them. If the Hardships impofed upon the Diffenters by the Law under our Confideration, are greater than what are abfolutely neceffary for preventing its being in their Power to deftroy the Eftablished Church, from what has been faid of the other Side of the Queftion, it must be granted, that this Law is a perfecuting Law: Now, to determine this Queftion in the Affirmative, we need have Recourfe to the Practice of no other Nation but Scotland With Regard to that Nation, we know that the Prefbyterian Religion, which is here one of our diffenting Religions, is there the Eftablished Church; and what is here our Eftablifhed Church, is there a diffenting Religion; yet the Eftablished Church of Scotland, have never thought it neceffary, nor does it appear to be neceffary for their Prefervation, to exclude their Diffenters from all Pofts and Employments in the Executive Part of their Government, nor have they any Law for fuch a Purpose; but on the contrary, fome of their Judges and Magiftrates, and many of thofe in Pofts and Employments in that Kingdom, go openly, and in the most folemn Manner, to the Epifcopal or Church of England Meeting houfes; and though this ing Ground upon the latter; which evidently fhews the great Weight and Effect of a legal Establishment, with Refpect to Religion, when the Minds of Men are not irritated by any unneceffary Hardfhips put upon them. I could likewife inftance Holland, and feveral other Proteftant Countries, to fhew that rendring Diffenters in capable of ferving the Crown in any Poft of Honour, Trust, or Profit, is Hardship put upon them, which is fo far from being abfolutely neceffary, that it is not at all neceffary for preferving the established Religion of any Country; and therefore this Hardfhip mult, in the ftricteft Senfe be called Perfecurion, even according to the Meaning put upon it by the Hon. Gentlemen who have spoke upon the other Side of the Question. With Refpect to Nonjurors and Roman Catholicks, the Hardships put upon them are not for the Sake of a Scruple of Confcience in any Matter of a religious Concern, but because they are Enemies to the State, and to the prefent happy Eftablishment; but I am furprized to hear it faid, that the rendring of them, or the Diffenters, incapable of holding any Post of Honour, Truft, or Profit under the Crown, is no Punishment; when I confider that That very Punishment has often been inflicted by Parliament, as one of the greatest Punishments they could inflict upon Crimes of a very high Nature; Surely this legal Incapacity must be looked on as a Pu nifhment upon both, with this Dif ference though, that upon thofe whọ declare themselves Nonjurors or Roman Catholicks, it is with great Justice inflicted, inflicted, but upon Diffenters it is inflicted without any Caufe or Occa fion, no Party among them having ever yet been, nor, I believe, ever will be fufpected of being Enemies to our prefent Eftablishment, unless the rejecting of this Motion fhould anake them fo. I am fure every Gentleman that hears me must grant, that there is fome Difference between a Capaci ty of being a Soldier in the Guards, and a Capacity of holding any Poft or Preferment under the Crown: The Guards are the King's own Servants, and every Man may chufe what Sort of Servants he has a Mind; therefore no Man has a Title to any Capacity of being a Soldier in the Guards; but every Subject has a Title to a Capacity, at least, of fharing in the Honours and Preferments of his Country, and that Capacity ought not to be taken from him, but by Way of Punishment for fome very high Crime or Misdemeanour i for it is a Punishment so dishonourable and severe, that we never find it inflicted by our Laws upon Crimes of an ordinary Nature. all; was made a Qualification for a Civil have recovered any confiderable DaEmployment, no fuch Plaintiff could mages, nay, I doubt if he could have recovered any Damages at for temporal Damage by his not receiving he could not probably have proved any the Sacrament when he defired it, and I do not fee how a Jury could pretend mage he might pretend to have reto put a Value upon the Spiritual Daceived. Those Laws therefore, which have made the Receiving the Sacraployment, have fubjected all the Clerment a Qualification for a Civil Emgymen of the Church of England to a very great Difficulty, because they are by thofe Laws, and by those only, fubjected to the Danger of having fuch Damages given against them, as may ruin them and their Families for ever, in Cafe they refufe to adminifter the Sacrament to a Perfon whom they know to be a most proAigate and impenitent Sinner; for this a Minifter of our Church may be fully convinced of, and yet it may be appear to a Jury. impoflible for him to make the fame I fhall grant, that a Minifter of the Established Church is not, by any exprefs Words in this Act, ordered or compelled to administer the Sacrament to an unworthy Perfon, who defires it only for the Sake of enabling himself to hold a beneficial Employment; but if a Minifter of the Church of England should refuse to adminifter the Sacrament to any Perfon upon fuch Occafion, and that Perfon fhould, by Means of fuch Refufal lofe his Poft, or only a Year's Salary, he might bring his Action ar Common Law, upon the Statute of Edward I. against fuch Minifter, and would recover great Damages, if the Court of Common Law fhould not approve of the Minifter's Reafons for refusing to adminifter the Sacra. ment to the Plaintiff: Whereas, before the receiving of the Sacrament To pretend that if thofe incapacitating Laws were repealed, the Dif fenters would combine closely together in all Elections, and that these Disturbances, is contradicted by ExCombinations would occafion terrible perience in England as well as Scotland; for though many of the Dif fometimes with the Established Church, fenters in England do communicate and in Confequence thereof become Candidates from Time to Time-for Kingdom; and though the Dissenters almost every elective Civil Post in the do generally join pretty unanimous upon fuch Occafions, I believe more unanimously than they would do if thefe Laws were repealed, yet we find it never produced any DifturbanDiffenters from their Established ces: And in Scotland, where the Church Church are under no Incapacitating Laws, we find that the Difputes about Elections never produce any DifturLances between the two Religious Parties in that Kingdom, although it must be granted, that the People of that Country are as violent in all their Defires, as bold and enterprising in their Designs, and as turbulent under Disappointments, as the People in any Country, I believe, upon the Face of the Earth. We must therefore from Experience conclude, that the Repeal of thofe perfecuting Laws, which, to Our Misfortune, are itil in Force in this Kingdom, would confirm rather than difturb our prefent Tranquility; and it would certainly increase our Trade, because it is not to be queftioned but that a great many more rich foreign Merchants would come over and fettle among us, if they found they could enjoy the Privileges of Englishmen without changing their Religion: Whereas, while thofe Laws remain unrepealed, a few foreign Tradefmen and Mechanicks, who aspire to no Honours or Preferments, may perhaps come over; but rich and opulent foreign Merchants will nei ther come nor ftay to fettle their Families in this Kingdom, when they confider that neither they nor their Pofterity can afpire to any Honour or Preferment, unless they make a Sacrifice of the Religion of their Anceltors. On the 24th Day of March, his Majefty came to the Houfe of Peers, and gave the Royal Affent to the five following publick Bills, viz. An Act for granting an Aid to his Majefty by a Land-Tax to be raised in Great Britain for the Service of the Year 1736. An At for punishing Mutiny and Defertion, and for the better Payment of the Army and their Quarters. An Act to repeal the Statute made in the first Year of the Reign of King James I. intituled, An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits, except fo much thereof as repeals an Act of the fifth Year of the Reign of Queen Elizabeth, against Conjurations, Inchantments, and Witchcrafts; and ta repeal an Act passed in the Parliament of Scotland in the ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts; and for punishing fuch Perfons as pretend to exercife or use any Kind of Witchcraft, Sorcery, Inchantment, or Conjuration. ' An Act to indemnify Perfons, who have omitted to read the Prayers, and make and fubfcribe the Declarations, directed to be read, made, and subfcribed, by the A&t of Uniformity of the thirteenth and fourteenth Year of the Reign of King Charles II. within the Time limited by Law; and for allowing further Time for doing thereof. An A&t to amend an A& passed in the feventh Year of the Reign of his late Majefly King George I. entituled, An Act to preferve and encourage the Woollen and Silk Manufactures of this Kingdom, and for more effectual employing the Poor, by prohibiting the Ufe and Wear of all printed, painted, ftained, or dy'd Callicoes in Apparel, Houthold-Stuff, Furniture, or otherwife, after the 25th Day of December, 1732, (except as is therein excepted) fo far as relates to Goods made made of Linnen, Yarn, and Cotton- cain. On the 25th, the Houfe of Commons refolv'd itself into a Committee of the whole Houfe, to confider further of the Supply granted to his Majeffy, and came to the following Refolutions, which were reported and agreed to on the 29th, viz. To grant to his Majefty, 1. The Sum of 22,944% 145. for making good the Deficiency of the general Fund. 2. The Sum of 24,5701. 25. 7 d. to make good to the Sinking Fund, the like Sum paid out of the fame, for Intereft on the Million lent on Credit of the Salt Duties, for the Supplies of the Year 1734, pursuant to a Claufe in an Act of Parliament, pals'd in the 7th Year of his Majesty's Reign. " 3. The Sum of 10,000 towards the Maintenance of the British Forts and Settlements belonging to the Royal African Company of England on the Coaft of Africa. 4. The Sum of 10,000% towards fettling and fecuring the Colony of Georgia in America. 5. The Sum of 11,485 l. 45. 5 d. to make Satisfaction to Humphey Bell, (the Surviving Affignee of the Estate and Effects of William Ellins and Edmond Farrington, against whom a Commiflion of Bankruptcy iffued) Suitor of the Court of Chancery in 1726, for fo much of his Debt and Demand from one of the Mafters of the faid Court, as then remained unfatisfy'd. 6. The Sum of 30,167. towards the Buildings, Rebuildings, and Repairs of his Majefty's Ships for the Year 1736. With thefe Refolutions the Commirtee of Supply was concluded; and on the 30th of April, the Houfe refolv'd itfelf into a Committee of the whole House, to confider further of Ways and Means for raifing the they came to the following Refolu Supply granted to his Majefty, when tion, which was on the 3d of May reported and agreed to by the Houfe, and a Bill was ordered to be brought in upon the fame, viz. That the feveral additional Stamp Duties granted by an Act, paffed in the 12th Year of his late Majesty's Reign, entituled, An Act for the Rehief of the Suitors of the High Court. the 2d Day of August 1742, to the of Chancery, fhould be continued front 2d Day of August 1746, in order to raife the Sum of 11,485 4 s. 3 d. (the furviving Affignee of the Estate to make Satisfaction to Humphrey Bell, and Effects of William Ellins and Commiffion of Bankruptcy was issued) Edmond Farrington, againft whom æ Snitor in the Court of Chancery in 1726, for fo much of his Debt and Bennet, Efq; one of the Mafters of Demand in that Year due from John. the faid Court, and then remaining unfatisfy'd. With this Refolution the Committee of Ways and Means concluded Refolution, was accordingly brought and the Bill order'd in upon this faft in, and paffed into a Law. On the 5th of May, his Majefty the Royal Affent to the fix following came to the House of Peers, and gave publick Bills: Retailers of Spirituous Liquors, and prefent Parliament for naturalizing the Alts therein mention'd, and for 62 |