1935-36.

Anne 9. Geo. II. unneceffary Hardships put upon them. I could likewife instance Holland, and feveral other Proteftant Countries, to fhew that rendering Diffenters incapable of ferving the Crown in any Post of Honour, Truft, or Profit, is a Hardship put upon them, which is fo far from being abfolutely neceffary, that it is not at all neceflary for preferving the Established Religion of any Country; and therefore this Hardship muft in the ftrictest Senfe be called Perfecution, even according to the Meaning put upon it by the honourable Gentlemen, who have spoke on the other Side of the Question.

With respect 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 Establishment; but I am furprized to hear it faid that the rendering of them, or the Diffenters, incapable of holding any Poft 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 Punishment upon both, but with this Difference, that upon Nonjurors or Roman Catholicks, it is with great Juftice inflicted, but upon Diffenters it is inflicted without any Occafion, no Party among the latter having ever yet been fufpected of being Enemies to our present Establishment, unless the rejecting of this Motion fhould make them fo. I am fure every Gentleman that hears me muft grant, that there is fome Difference between a Capacity 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 fort 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 leaft 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 Miídemeanour; for it is a Punishment fo difhonourable and fevere, that we never find it inflicted by our Laws upon Crimes of an ordinary Nature.

I fhall grant, Sir, that a Minifter of the Established Church is not, by any exprefs Words in this Act, ordered or compelled to adminifter the Sacrament to an unworthy Perfon, who defires it only for the Sake of enabling himfelf to hold a beneficial Employment; but if a Minister of the Church of England fhould refufe to adminifter the Sacrament to any Perfon, upon fuch Occafion, and that Per1on fhould by means of fuch Refufal lofe his Poft, or only a Year's

1735-36.

a Year's Salary, he might bring his Action at Common Anno 9. Geo. II. Law upon the Statute of King Edward VI. against such Minifter, and would recover great Damages, if the Court fhould not approve of the Minister's Reafon for refufing to adminifter the Sacrament to the Plaintiff: Whereas, before the receiving of the Sacrament was made a Qualification for a civil Employment, no fuch Plaintiff could have reco vered any confiderable Damage; nay, I doubt if he could have recovered any Damage at all; for he could not probably have proved any temporal Damage by his not receiving the Sacrament when he defired it; and I do not fee how a Jury could pretend to put a Value upon the fpiritual Damage he might pretend to have received. Thofe Laws therefore, which have made the receiving the Sacrament Qualification for a civil Employment, have fubjected all the Clergymen 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 refuse to adminifter the Sacrament to a Person, whom they know to be a moft profligate and impenitent Sinner; for this a Minifter of our Church may be fully convinced of, and yet it may be impoffible for him to make the fame appear to a Jury.

a

To pretend, Sir, that if thofe incapacitating Laws were repealed, the Diffenters would combine clofely together in all Elections, and that thefe Combinations would occafion terrible Disturbances, is contradicted by Experiences, is contradicted by Experience in England as well as Scotland; for tho many of the Diffenters in England do communicate fometimes with the Established Church, and in Confequence thereof become Candidates, from Time to Time, for almost every elective Civil Poft in the Kingdom; and tho' the Dif fenters do generally join pretty unanimoufly upon fuch Occafions, I believe more unanimoufly than they would do if thefe Laws were repealed, yet we find it never produces any Disturbances. And in Scotland, where the. Diffenters from their Eftablished Church are under no incapacitating Laws, we find that the Difputes about Elections never produce any Disturbances between the two religious Parties in that Kingdom; altho' it must be granted that the People of that Country are as violent in all their Defires, as bold and enterprifing in their Defigns, and as turbulent under Difappointments, 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 ftill in Force in this Kingdom, would confirm rather than disturb our prefent

Y 2

Tran

1735-36.

Anno 9. Geo. II. 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 could enjoy all the Privileges of Englishmen without changing their Religion: Whereas, while thofe Laws remain unrepealed, a few foreign Tradefmen and Mechanicks may perhaps come over; but rich and opulent foreign Merchants will neither 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

The Motion for repealing the TeftAct, paffes in the Negative.

Sir R. Walpole's Lofs the Civil Lift might fuftain by the Duties on Spi

Propofals, that the

rituous Liquors, might be made

their Ancestors.'

The Debate being over, the Question was put, and upon a Divifion, it was carried in the Negative by 251 against

123.

March 17. The Houfe being in a Grand Committee on the Supply, Sir Robert Walpole acquainted the Houfe, That the Share the Civil Lift only had in the Duties on Spirituous Liquors, had for feveral Years laft paft amounted to at least 70,000l. yearly, one Year with another; and as a good by fome other great Part of this Annuity would be loft to the Crown, it Duties on Spiritu- was neceffary to make it good from some other Fund; therefore he propofed appropriating all the Duties on Spirituous Liquors to the Aggregate Fund, which makes a Part of the Sinking Fund, and charging that Fund with all the Annuities and Payments formerly payable out of thofe Duties."

Fund, and all the

priated to

to the sink

ing Fund.

Debate thereon.

But this was oppos'd by feveral Members, who ftrongly infifted, That the Civil Lift, instead of being a Lofer, would be a Gainer by leffening the Confumption of Spirits, because the Confumption of Beer and Ale, and of Wine, and the Produce of the Duties on Wine-Licences, &c. would be thereby greatly increased; fo that the Lofs the Crown might fuftain by leffening the Produce of the Duties upon Spirituous Liquors, would be much more than made good by the Increase of almost all the other Revenues appropriated to the Civil Lift; particularly that upon Beer and Ale.

To this the Courtiers anfwer'd, That there might probably be an Increase in the Excise upon Beer and Ale; but as what the Amount of that Increafe might be, was uncertain, and as the Amount of the Lofs the Crown was to fuftain was certain, therefore that Lofs ought then to be made good out of fome certain Produce; and if there did really hap pen any Increase in the Excife upon Beer and Ale, they might call for an Account of it in two or three Years after, in order that the fame might be appropriated to the Aggregate Fund, for making good what was propofed to be taken zom that Fund.

After

1735-6.

After this the two following Refolutions were agreed to Anno 9. Geo. II. without a Divifion, I. That the Duty and Revenues, which fhould arife by Licences for vending Brandy or Spirits, as Two Refolutions alfo the prefent Duties on Low Wines, Strong-waters, Bran- pursuance thereof. dy, Rum, Arrack, and all other Spirits whether Foreign or British, and fuch Duties as fhould arife by retailing the fame, fhould be united to, and made Part of the general or Aggregate Fund established by the Act of the firft of King George I. and fhould be iffued and applied to the Ufes to which the faid Fund is, or fhould be made applicable. II. That all the feveral Annuities, Payments, and Appropriations, which were then charged upon, and payable out of the faid feveral Duties on Strong-waters, Brandy, Rum, Arrack, or any other Spirits, fhould be charged upon, and made payable out of the faid Aggregate Fund.

The Quaker's Bill

order'd to be print

The fame Day the Quaker's Bill was read the first Time, and order'd a fecond Reading: It was likewise order'd to be or printed.

to Spirituous Li

March 19. The Refolutions of the 8th and 17th in the A Bill order'd to be Committee of Supply, relating to Spirituous Liquors being brought in, relating reported, were agreed to by the House; and then a Motion quors. was made, That the Refolutions reported from the Committee of the whole Houfe, who were appointed to confider of the Petition of his Majefty's Justices of the Peace for Middlesex, in their general Quarter-Seffion affembled, and agreed to by the House upon the 24th of February, might be read; and the fame being read accordingly, it was ordered, That a Bill be brought in upon the Refolutions then last read, and alfo upon the Refolutions that Day reported from the Committee of the whole Houfe, to whom it was referred, to confider farther of Ways and Means for raifing the Supply granted to his Majefty, and agreed to by the Houfe; and that Sir Jofeph Jekyll, Sir Charles Turner, Sir Robert Walpole, Mr Doddington, Sir George Oxenden, and Mr Winnington, fhould prepare and bring in the fame.

of the Produce of

the Excife, from

March 22. A Motion was made, That the Commiflioners Debate on a Motiof the Excife should lay before the Houfe an Account of the on for an Account Net Produce of the Hereditary and Temporary Excife from Midfummer 1716, to Midfummer 1726, diftinguishing each Year, and the Produce of the feveral Duties belonging to the faid Excife.

The Reason of calling for the faid Account of the Net Produce of the Hereditary and Temporary Excife, was in order that it might afterwards from thence appear what Increase had arisen in the Excife upon Beer and Ale, by the preventing or leffening the Confumption of Spirituous Liquors; and in order that the Increase might be appropriated to the Aggregate Fund, by the Bill which was then to be

brought

1716 to 1726.

Anno 9. Geo. II. brought in: But upon putting the Question, after a long Debate, it was carried in the Negative, by 182 to 122.

1736.

Petitions from the

Quaker's Bill.

March 26. A Petition of the Clergy of Middlefex was Clergy against the prefented to the Houfe, and read, alledging, That the Bill depending in that House, to enlarge, amend, and render more effectual the Laws in Being, for the more easy Recovery of Tythes, Church Rates, Oblations, and other Ecclefiaftical Dues from the People called Quakers, would, as the Petitioners conceived, if paffed into a Law, be extremely prejudicial to themselves and Brethren, excluding them from the Benefit of the Laws then in being for the Recovery of Tythes and other Dues, and thereby putting the Clergy of the Established Church upon a worfe Foot than the rest of his Majesty's Subjects; and therefore defiring to be heard by their Counsel upon the Subject Matter of the faid Bill.

Sir Jofeph Jekyll prefents to the Houfe the Bill a

Liquors;

This Petition was ordered to lie upon the Table, till the Bill fhould be read a fecond Time; and that the Petitioners, if they thought fit, fhould be then heard by their Counsel against it: It was alfo ordered that Counsel be then heard for the Bill. The Clergy from all Parts of the Kingdom fent up Petitions to the fame Purpose.

March 29. Sir Jofeph Jekyll presented to the House, according to Order, A Bill for laying a Duty upon the Regainft Spirituous tailers of Spirituous Liquors, and for licensing the Retailers thereof; and the fame being received, Sir Robert Walpole ftood up, and by his Majelty's Command acquainted the Houfe," That, as the Alterations propofed to be made by "that Bill in the Duties charged upon all Spirituous Liquors, might, in a great Degree, affect fome Parts of his Majefty's Civil Lift Revenues, arifing from the fame, his "Majesty, for the Sake of remedying fo great an Evil, as was intended by that Bill to be prevented, confented to accept any other Revenue of equal Value, to be fettled "and appropriated in lieu of his Interest in the faid Duties."

Which is twice read and committed.

The Bill for limit

66

66

The Bill was then read the first Time, and ordered to be read a fecond Time: After which a Motion was made, That the faid Bill be printed; but the Queftion being put, it was carried in the Negative.

March 31. The faid Bill was read a fecond Time, and committed to a Committee of the whole House.

The fame Day the Bill for limiting the Number of Offiing the Number of cers in the Houfe of Commons, was read a fecond Time,

Officers in the

Houfe dropt.

and a Motion being made for committing the fame, and the Queftion being put, it was carried in the Negative by 224 A Petition of the to 177. [See Vol. III. p. 122.]

th Sugar-Colonies

Traders to the Bri- April 6. A Petition of the Merchants and Planters trading America against to and interested in the British Sugar-Colonies in America, rituous Liquors, was prefented to the Houfe, and read; fetting forth, That

Bill relating to

the