1735-36. eafily conceive what Reafons the Lawgivers of any Country Anno 9 Geo. 9. could have, to adopt and establish fpeculative Opinions of any particular Doctor in Divinity, while at the fame Time they fhewed a very great Indifference, with regard to the speculative Opinions of the Doctors in all other Branches of Literature: The Cause of this different Behaviour in our ancient Lawgivers, I fay, I cannot well comprehend; but whatever may have been the Caufe, if they thereby intended to establish an Uniformity of Opinion with respect to religious Matters, Experience has fhewn that they have been moft egregiously mistaken; for the annexing of temporal Rewards and Punishments to fpeculative Opinions, has been so far from reconciling Men's Minds, and making them agree in any one Opinion, that it has rendered those of different Opinions in Religion, not only implacable, but most cruel and barbarous Enemies to one another; an Effect which has never been produced by Difference of Opinion in any other Science. In Law, in Phyfick, in Philofophy, there are, and always have been, Doctors of different Opinions; and among them too there have always been, I believe, fome who would have gladly confuted their Adverfaries by Fire and Faggot, efpecially when they found themselves overcome by fair Reafoning; but as the Law of no Country has as yet thought fit to interpofe in thofe Difputes, we find the Followers of thefe Doctors have generally argued the Matter very coolly, and when the Dispute was over have parted as good Friends as they met. This has hitherto been the Cafe in all Sciences except Divinity; but if we fhould make a Law for punishing those who did not agree with the Newtonian System of Philofophy, or for rendering all fuch incapable to hold any Poft or Office in our Government, I am perfuaded we should have, in a few Years, great Numbers of our People who would be ready to facrifice Life and Fortune in Defence of the Ariftotelian or the Cartefian Syftem: Nay, if any fuch Law were made against all those who did not believe that the three Angles of every Triangle, are equal to two right Angles, I make no doubt but that this plain Demonftration would be most violently oppofed by great Numbers of Men in the Kingdom; for when the Paffions of Men are stirred up by temporal Rewards and Punishments, the most reafonable Opinions are rejected with Indignation, the most ridiculous are embraced with a frantick Sort of Zeal. Therefore, Sir, if we have a Mind to establish Peace among our People, we must allow Men to judge freely in Matters of Religion, and to embrace that Opinion they think right, without any Hopes of temporal Rewards, and without any Fears of temporal Punishment. • As Anno 9. Geo. 11. 1735-36. Debate thereon. As to our Trade, Sir, the Advantages we have reaped in that refpect by the Toleration Act are fo apparent, that I fhall not take up your Time with enlarging upon that Subject; but in order to retain thofe Advantages, and to improve them as much as poffible, I fhall beg Leave to move, that Leave be given to bring in a Bill to repeal fo much of the faid A&t paffed in the 25th of Charles II. intitled, An A&t for preventing Dangers which may happen from Popif Recufants, as obliges all Perfons, who are admitted to any Office, Civil or Military, to receive the Sacrament of the Lord's Supper, within a Time limited by the faid A&t, and for explaining and amending fo much of the faid Act, as relates to the Declaration against Transubstantiation.' Mr Plumer being feconded by Sir Wilfrid Lawfon; the Sir Wilf. Lawfon. fame was oppos'd by Lord Noel Somerset, Lord Viscount Ld Noel Somerfet. Tyrconnell, Mr Danvers, Mr Shippen, and Sir Robert' Walpole, who urged the following Arguments against the Ld Tyrconnel. Mr Danvers. Motion. Sir, As I have hitherto appeared to be an utter Enemy to all Perfecution, I hope my difagreeing with this Motion will not be looked on as any Sign of my having changed my Opinion, or of my having any Intention to alter my Conduct for the future: So far otherwife, Sir, I have ftill, and I hope fhall always have, as tender a Regard for the Dif fenters of all Denominations, as any Man can have, who is a true Member of the Church established by Law. As a fincere Member of the Church of England I muft, and I do wish that all the Diffenters in the Kingdom could be gained over to the Established Church; but though I wish for this happy Event, yet I' fhall never be for attempting the Accomplishment of that Wish by any Methods that have the leaft Tendency towards Perfecution, or towards doing a leal Injury to any Man whofe Confcience will not allow him to embrace the Established Religion of his Country: For allfuch I fhall continue to have a real Concern; because I think this Difference of Opinion is a Man's Misfortune, andnot his Crime. But, Sir, the Word Perfecution has, in my Opinion, been very much mistaken by the honourable Gentleman who made you this Motion; for according to the Meaning he has put upon the Words, there could be no eftablished Church, or established Religion in the World, but what must be deemed guilty of perfecuting all those who differ from it; and yet thofe Gentlemen will, I believe, grant, that in every Society there ought to be an eftablished Religion, or a certain Form of publick Worship established by the Laws of that Society; therefore we must find out a Meaning Meaning for thefe Words different from that which has been Anno 9. Geo. II. put upon it. As there is in every Society a certain Form of Government established, I hope it will be granted, that it is the Duty of every Member of that Society to fupport and preferve that Form of Government as long as he thinks it the beft that can be established; and on the other Hand, if there be any Man, or any Set of Men, who are convinced that a different Form of Government would render the Society much more happy and powerful, I believe it will likewife be granted, that it is the Duty of all fuch Men to endeavour, in a peaceable Way, at leaft, to bring about an Alteration. These two Duties therefore being altogether inconfiftent, nay, even deftrustive of one another, it is abfolutely impoffible for the one Set of Men to do their Duty, without laying the other Set under fome Hardships: When thofe Hardships are no greater than what are abfolutely neceffary for the End intended, they are just and reasonable, and fuch as those who are subjected to them, ought not to complain of; but when they are greater than what are neceffary, they then begin to take and to deferve the Name of Oppreffion, and according to the Degrees of this Excess, the Degrees of Oppreffion are always to be computed. In this Kingdom we know there is a Set of Men who think it their Duty to endeavour to bring about an Alteration of our prefent happy Establishment, I mean our Nonjurors; who for that very Reafon are excluded from all Pofts and Places in our Government, which is certainly a Hardship upon them; but I am fure it cannot be called an Oppreffion; nor can this Exclufion with Respect to them be called a Punishment. And if there be a Set of Men in this Kingdom who think the Doctrines of the established Church inconfiftent with Christianity, or the Ceremonies of our publick Worfhip idolatrous, it is their Duty as Chriftians to attempt to bring about an Alteration in our established Religion, and they certainly will attempt it as soon as it is in their Power; nay, with all Deference to the honourable Gentlemen who have fpoke upon the other fide of the Question, for all of whom I have the greatest Esteem, I must look upon this very Motion as a Beginning of that Attempt; but as I am a Member of the Church of England, and think it the best Religion that can be eftablished, I think it my Duty to prevent its being ever in the Power of fuch Men to fucceed in any fuch Attempt; and for this Purpose, I think it abfolutely neceffary to exclude them from any Share in the executive Part of our Govenment at leaft; because if the executive Part fhould once come to be generally in their Hands, 1735-36. 1735-36. Anno 9. Geo. 11. Hands, they would very probably get the Legislative 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 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 Hardship upon the Man fo excluded; but as it is abfolutely neceffary for the Prefervation of our established Church, to exclude thofe, who think it their Duty to deftroy 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 his 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 ; because the excluding of all fuch Men from any Command in our Army, especially 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 called a Punishment 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 these Exclufions proceeds from any Crime or Fault in the Man, it being as impoffible 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 Symmetry of a Regiment, fo the former becomes neceffary for the Sake of preferving the Beauty and Symmetry of a Society. The Argument raised from the fuppofed Abuse 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 Person ; 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 lawful Caufe, [See Statute 1 Edward VI. Chap. 1.] I must prefume no unworthy Persons are admitted; or at least, if there be, it does not proceed from any Fault in this or any other of our Statutes, but but from the criminal and irreligious Neglect of the Mini- Anne-g. Geo. 11. fter who admits them. As to the Unity and Peace of our People, I am per fuaded, Sir, the Repeal of this Law, and another which I believe is likewife intended, would raise moft terrible Difturbances and Confufions; for with Refpect to all Posts and Employments that go by Election, we should have all the Dif fenters combining clofely together to bring in their Friends, which would of course 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 ought not to make any new Regulation or repeal any old, if by fo doing we run the Rifque of raifing Heart-burnings and Jealoufies among our People. 1735 36. To this it was replied by Lord Polwarth, Mr Heathcote, Lord Polwarth. and Mr Holden, as follows; Sir, I fhall take up very little of your Time in replying to what has been faid; for in my Opinion, the Arguments for the Motion have been enforced by what has been faid by way of Answer 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 destroy the Established Church, it must be granted, from what has been faid of the other Side of the Queftion, that this Law is a perfecuting Law: Now, Sir, to determine this Question in the Affirmative, we need have Recourse to no other Nation but Scotland: With regard to that Nation, we know that the Presbyterian Religion, which is here one of our Diffenting Religions, is there the Established Church, and what. is here our Establish'd Church, is there a Diffenting Religion; yet the Established Church in 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 Purpofe; but on the contrary fome of their Judges and Magiftrates, and many of those in Posts and Employments in that Kingdom, go openly, and in the most folemn Manner, to the Epifcopal or Church of England Meeting-Houfes; and tho' this Practice or Indulgence has been continued for many Years, and continues to this Day, yet the Established Church in that Country is so far from being in any Danger of being overturned by what is there the diffenting Intereft, that the former is daily gaining Ground upon the latter; which evidently fhews the great Weight and Effect of a legal Establishment, with respect to Religion, when the Minds of Men are not irritated by any VOL. IV. Y unne Mr Heathcote. |