Glass jLffLUO 
 Book ' ! O _: 
 
/ 
 
 
 "^-h. 
 
 
HINTS 
 
 T O L E RAT ION: 
 
 IN FIVE ESSAYS 
 
 
 I. On the RIGHT of SOCIETY to investigate J III. On ELIGIBILITY to OFHCES of PUB- 
 the RELIGIOUS PRINCIPLES of its 2 LICK TRUST ; 
 
 SUBJECTS; \ IV. On LICENSING Persons and Places for 
 
 II. On SPECIFICK LIMITATIONS to the I the Performance of DIVINE WOR- 
 extent of an Enlightened RELIGIOUS TO- ^ SHIP ; 
 
 LERATION j \ V. On the LIBERTY of the PRESS: 
 
 SUGGESTED FOR THE CONSIDERATION OF 
 
 THE RT HON^^ LORD VISCOUNT SIDMOUTH, 
 
 AND THE 
 
 DISSENTERS. 
 By Philagatharches. 
 
 " He that ruleth over men, must be just, ruling in the fear of God." 
 
 2SAM. xxiii. 3. 
 
 " Est enim unum jus, quo devincta est hominum societas et quod lex constituit 
 una : qua; lex est recta ratio imperandi atque prohibendi : quam qui ignorat, is est 
 injustus, sive est ilia scripta uspiam, sive nusquam." CIC. de Legibus. 
 
 SECOND EDITION. 
 
 Printed hy R. TVatts, BroxboQiMi^. 
 FOR MESSRS. CADELL AND DAVIES, LONDON. 
 
 1811 
 

PREFACE 
 
 1 HE great business of Legislation never 
 assumes a more important aspect, than 
 when we view its particular influence on 
 the moral and religious character of a na* 
 tion : and there are but few nations, in 
 which the laws have not either a more 
 direct or remote influence on the religious 
 opinions of the people. 
 
 Religion is one of the most powerful of 
 those operative agents which aff^ect the 
 character of man. The laws, therefore, 
 which any nation enacts upon this subject, 
 
 must 
 
>1 PREFACE. 
 
 must ever be ranked among the most im- 
 portant of its statutes^, and must be esteemed 
 the chief causes of the moral and reU- 
 gious pecuharities of the nation. We are 
 accustomed to associate with rehgion our 
 dearest interests : the most powerful mo- 
 tives and springs of action are deduced 
 from it : and of all the sentiments and 
 opinions we hold, there are none which^ 
 from their own nature, and the constitution 
 of the human mind, are so manifestly 
 calculated to give a peculiar cast to the 
 character. 
 
 The mighty influence of such laws can be 
 no where better seen than in the history of 
 Rome, since the establishment of Christia- 
 nity by law. It is impossible to contem- 
 plate the wretchedly degraded character of 
 all those nations, to which the Roman 
 pontifical power extended, without ascri- 
 bing 
 
P R E F A C E. Vir 
 
 bing their ignorance, their cruelty, and their 
 vice, to that absurd union of the civil with 
 the ecclesiastical authority, which armed 
 the priest with a sword, and empowered 
 him to enforce his doctrines by appeals to 
 the statute book. The deterioration of 
 moral character, which took place in all 
 these nations, originated in that oppressive 
 and impolitick system of legislation, which 
 followed on the accession of Christianity 
 and Constantine to the throne of I^ome. 
 The legal establishment of Popery has, 
 indeed, always been followed by vices of 
 the very worst kind, among all classes of 
 the communitv; and but few nations can 
 be found, that have not felt the baneful 
 inftuence of those laws which were enacted 
 to enforce relimon. 
 
 But while this has been the infelicity of 
 most nations on the continent of Europe, 
 
 our 
 
via PREFACE. 
 
 our own country, under the auspices of the 
 Genius of Liberty, has demonstrated, that 
 both national virtue, and every species of 
 secular improvement, are best secured 
 where the fewest restraints are imposed 
 on the consciences of the people. England, 
 at the present day, furnishes a striking 
 illustration of the happy effects of that 
 wisdom, which has avoided interference on 
 a subject so delicate and so important. 
 Our prosperity and our tranquillity are the 
 legitimate effects of that civil and religious 
 liberty vre enjoy. It is this liberty which 
 has so long characterized our nation : it 
 was for this our predecessors so long 
 struggled, and so often fell : and for the 
 preservation of this liberty, unimpaired, we 
 are indebted to the enlightened system of 
 modern legislation, and the liberal spirit of 
 our venerable and invaluable Sovereign. 
 
 But, 
 
PREFACE. IX 
 
 But, notwithstanding the wisdom of our 
 legislators, and the liberality of our gracious 
 Sovereign, important defects are still visible 
 in the structure and symmetry of our poli- 
 tical edifice. A considerable portion of our 
 fellow subjects are still excluded from the 
 full enjoyment of perfect liberty, and labour 
 under many serious incapacities ; arising, 
 not from any civil or political discrepancy 
 between their opinions and those of their 
 rulers, but from the peculiarities of their 
 respective systems of church government. 
 
 The importance of a right understanding of 
 the question of Toleration was never more 
 evident than at the present critical juncture, 
 when every surrounding nation seems 
 tottering to its base, and our own requires 
 the utmost skill to secure it against the 
 assault of external violence. It is only by 
 a closer combination of our energies, and 
 
 the 
 
PREFACE. 
 
 the banishment of every thing that would 
 engender discord, or induce revolt; it is 
 only by the removal of every cause that 
 w^ould give effect to the attempts of our foes, 
 or unnerve a single arm in the sacred cause 
 of Liberty ; that we can expect to stand. 
 
 This is the view which every enlightened 
 mind must take of the present situation of 
 affairs ; and it is from this view that the 
 subject in hand derives its claims upon the 
 attention of every patriot. Knowledge is 
 every day spreading : men must and will 
 think for themselves : they see their own 
 liberty and happiness so closely connected, 
 that no entrenchment upon either can be 
 expected to be received without opposition. 
 Reason sooner or later must scrutinize the 
 laws of every state; and it must ever remain 
 the wish of the patriotick statesman, that 
 those laws only should stand, , whose excel- 
 lence 
 
PREFACE. XI 
 
 lence is evinced by the beneficial effects 
 they produce. 
 
 Impressed with these views, the author of 
 the following pages first directed his atten- 
 tion to the subject in hand. The agitation 
 of the question of Licenses, by Lord Sid- 
 mouth, induced him to proceed with the 
 plan he had previously laid down, and 
 to expedite the present publication. The 
 work now before the. Publick, though 
 complete in itself, is only a part of the ori- 
 ginal. He begs leave therefore to state, 
 that should the present work meet with a 
 candid reception, and excite any conside- 
 rable degree of interest in the publick mind, 
 he will proceed to complete the task he has 
 undertaken. The whole work is designed 
 to embrace; First, a view of the nature, 
 justness, and political influence, of an en- 
 lightened religious toleration : and. Secondly, 
 
 A , a brief 
 
XU PREFACE. 
 
 a brief general history of the extent and 
 consequences of intolerant laws in all the 
 nations of Christendom ;- — designed to il- 
 lustrate the leading principles of the work. 
 
 The subject of Licenses for Preaching, to 
 which the publick attention has recently- 
 been directed, formed, as will be seen, a 
 part of the general inquiry the author 
 meant to pursue, and, as it was so closely 
 connected with the great question of Tole- 
 ration, could not be discussed alone. 
 
 The author was unwilling, therefore, to 
 offer that Essay by itself; as it required the 
 others to accompany it, in order to complete 
 the discussion of that particular question, and 
 preserve the work entire. This, it is hoped, 
 will be esteemed a sufficient reason for the 
 publication of Five Essays, instead of one. 
 They are, in fact, the five first chapters of 
 
 the 
 
PREFACE. Xlll 
 
 the treatise On the nature, justness, &c. of 
 an enhghtened Religious Toleration. 
 
 As the nobleYiscount, who agitated, during 
 the last session of Parliament, the question 
 of h censing dissenting teachers, &c. has 
 pledged himself to bring the question again 
 before the British Legislature, early in the 
 next session, the author considered it a 
 duty incumbent upon him, and rendered 
 doubly so by the entire silence that has 
 prevailed since his Lordship's motion, to 
 offer to the attention of his Lordship and 
 the Publick such observations as the sub- 
 ject seemed to suggest, and which, he trusts, 
 will meet with the approbation of every 
 enlightened and liberal statesman, and 
 every obedient and loyal subject. 
 
 A 2 
 
TABLE 
 
 CONTENTS 
 
 ESSAY I. 
 
 ON THE RIGHT OF SOCIETY TO INVESTIGATE THE RE- 
 LIGIOUS PRINCIPLES OF ITS SUBJECTS. 
 
 Page 
 
 On the term Toleration 2 
 
 Neither the Church , nor the Civil power ^ can 
 justly pretend to exercise Toleration . . 4 
 
 The origin and ends of Civil society do not 
 sanction the pretensions of Rulers to the 
 control of conscience 6 
 
 The principles of the Social compact do not 
 
 concede this poiver to Rulers . ... 13 
 
 Reasons why society should not possess autho- 
 rity over conscience : 
 
 Society is not injured by principles, while 
 
 they 
 
XVI TABLE OF CONTENTS. 
 
 they remain in the breast of the indivi- 
 dual . . . • 19 
 
 TJie authority of the magistrate does not 
 
 extend to principle 21 
 
 Such authority would pre-supbose the magi- 
 strate infallible 23 
 
 It would transfer the responsibility of indi- 
 viduals to the Civil ruler . . . .23 
 
 Truth and conscience cannot be controled 
 
 by any methods of coercion . . . . 35 
 
 ESSAY II. 
 
 ON SPECIFICK LIMITATIONS TO THE EXTENT OF AN 
 ENLIGHTENED RELIGIOUS TOLERATION. 
 
 First exception : Those principles luhich sanc- 
 tion the practice of vice 43 
 
 Second exception : Those principles ivhich tend 
 
 to excite resistance against Government . 45 
 
 Illustrated by the contrast of the Quakers . 48 
 
 and the Fifth- Monarchy men . . . . 52 
 
 Third exception : Those principles ivhich sap 
 
 the basis of the Social compact . . . 56 
 
 On 
 
TABLE OF CONTENTS. XVU 
 
 On an Oath 57 
 
 On the Oath of an Atheist 58 
 
 Of a Deist . 59 
 
 Of a Roman Catholich 62 
 
 Of a Mohammedan 63 
 
 Of a Jew ib. 
 
 Roman Catholicks should not he alloived to 
 
 teach puhlickly , except under limitations . 65 
 
 They hold the doctrine of Absolution . . . ib. 
 
 That no faith ought to he kept with he- 
 
 reticks 6Q 
 
 That the end sanctifies the means . ... 67 
 
 They practise auricular confession .... 68 
 
 They can purchase indulgence for sin ... 70 
 
 Popery cultivates a sanguinary disposition . . 74 
 
 Modern Romanists the same in principle and 
 
 spirit with their ancestors 80 
 
 The means hy ivhich alone concessions on the 
 part of the Romanists should acquire po- 
 litical validity . . 85 
 
 The limitations under ivhich Papists should he 
 
 permitted to teach 88 
 
 Essay 
 
XYiii TABLE OF CONTENTS. 
 
 ESSAY III. 
 
 ON ELIGIBILITY TO OFFICES OF PUBLICK TRUST. 
 
 First : What should render a man ineligible . Q2 
 
 Natural incapacity/ ....... QS 
 
 Criminal incapacity 95 
 
 Sentimental incapacity 100 
 
 Secondly : The parties rejected^ and those luho 
 
 remain eligible 103 
 
 Parties ineligible : 
 
 Atheists and Deists . 104 
 
 Jews ]06 
 
 Roman Catholicks lOQ 
 
 Parties eligible : 
 
 Episcopalians ! , . .110 
 
 Protestant Dissenters Ill 
 
 Protestant Dissenters hold no principles hostile 
 
 to society 112 
 
 They are, from principle, attached to the 
 
 British Constitution ] 20 
 
 and to the House of Brunswick . . .124 
 
 They can give the same Civil security, for the 
 
 discharge ofpuhlick duties, as Episcopalians 1 29 
 
 Present 
 
TABLE OF CONTENTS. XIX 
 
 Present terms of admission into office . . .137 
 
 Profanation of the Lord' s Supper . . . .139 
 
 ^n oath the most defensible condition of in- 
 duction into office 140 
 
 ESSAY IV. 
 
 ON LICENSING PERSONS AND PLACES FOR THE PER- 
 FORMANCE OF DIVINE WORSHIP. 
 
 First : Political reasons why Meeting-houses 
 
 should he licensed 146 
 
 To prevent conspiracies 147 
 
 To insure obedience to the laius . . . .150 
 
 To protect loyal subjects in the exercise of 
 
 religion . , 153 
 
 Secondly : 
 The principles upon ivhich Dissenters apply 
 for licenses 156 
 
 JVhat a Dissenter should not expect to de- 
 rive from a license : 
 
 Ability to expound Scripture . . . .158 
 Authority to preach the Gospel . . , . l6l 
 A testimony of qualification to preach . . 170 
 
 What 
 
XX TABLE OF CONTENTS. 
 
 What a Dissenter should intend by applying 
 for a license : 
 
 To give his oath as a pledge of loyalty . .174 
 
 To advance a claim for special protection . 187 
 
 Thirdly : 
 Licenses should be granted to any ivhose 
 
 principles are loyal 217 
 
 Ordination is not a subject of the magistrates 
 
 inquiry 218 
 
 To refuse licenses to loyal subjects ivould be 
 persecution 223 
 
 A Christian minister may not relinquish his 
 charge J though the magistrate should 
 refuse to grant him a license 227 
 
 Fourthly : 
 
 The propriety of limiting the privileges of 
 licenses . , 243 
 
 The duties of a stationary minister incom- 
 patible with Civil and military offices . . 245 
 
 His pub lick services merit exemption . . . 247 
 
 Exemption not equally necessary for preachers 
 
 engaged in secular business . . . .249 
 
 Probable abuses of unlimited exemption . . 25 1 
 
 First 
 
TABLE OF CONTENTS. XXl 
 
 First proposition, to qualify the case , . .252 
 
 Second proposition 254 
 
 Third proposition 255 
 
 ESSAY V. 
 
 ON THE LIBERTY OF THE PRESS. 
 
 Dissertation on Blackstone's Commentaries, 
 
 ivith extract 25/ 
 
 SECTIOX I. 
 
 On the general uses of the Liberty of the 
 Press 262 
 
 The dissemination of knowledge .... 204 
 
 National intellectual improvement .... 265 
 
 The developement of truth 267 
 
 It excites general interest in political trans- 
 actions 270 
 
 Constitutes the Publick the final tribunal . . 27 1 
 
 SECTION II. 
 
 On the abuses to which a free Press is 
 
 liable 274 
 
 Profanation of the Divine character . . . . ib. 
 The inculcation of infidel principles ... . ib. 
 
 Of 
 
XXll TABLE OF COJS^TENTS. 
 
 Of heterodox principles .275 
 
 Of corrupt politicks 277 
 
 The extenuation of vice , .278 
 
 SECTION III. 
 
 On the boundaries l>y which the licentious- 
 ness of a fr^e Press should be restrained . 28 1 
 
 Sedition ib. 
 
 Libels 288 
 
 The inculcation or extenuation of vice . . . 292 
 
 SECTION IV. 
 
 On the equity of trial and sentence by jury, 
 
 in prosecutions for libels .... 297 
 
 ^?7tiquit7/ of trial per paiis ib. 
 
 Impartiality with which causes are decided . . 298 
 
 Prevents the exercise of malignity on the part 
 of the judge 299 
 
 Of unconstitutional influence on the part of the 
 
 Crown 303 
 
 Whether the jury should determine the penalty^ 
 in criminal as well as Civil prosecutions 
 for libels 304 
 
 The period when the Press became properly 
 
 free 307 
 
 Sect 
 
TABLE OF CONTENTS. Xxiii 
 
 SECTION V. 
 
 On the particular influence of the liberty of 
 the Press in promoting the cause of 
 Religion 308 
 
 It dispelled the darkness of Papal superstition . SOQ 
 
 Brought the Scriptures forth to publick vieiu . 310 
 
 Is a medium of expounding Scripture accord- 
 ing to our own views 313 
 
 It may excite controversy, will produce free 
 inquiry, and must ultimately he a means 
 of disclosing truth 315 
 
 May excite hostility ; hut truth will prevail : 
 
 See Martin Luther 318 
 
 and the English Puritans 321 
 
 The primitive Nonconformists, when excluded 
 
 from their pulpits, exercised their talents 
 
 in writing works for the press, and have 
 
 almost superseded appeals to the ancient 
 
 Fathers 325 
 
 The freedom of the Press is the grand Palla- 
 dium of religious liherty 327 
 
 While the liherty of the Press remains invio^ 
 late, the legal rights of Dissenters must he 
 augmented, rather than diminished . . .330 
 
ESSAYS 
 
 ON 
 
 TOLERATION 
 
Essay I 
 
 ON THE RIGHT OF SOCIETY TO INVESTIGATE THE 
 RELIGIOUS PRINCIPLES OF ITS SUBJECTS. 
 
 " Jamdudum quidem, cum animadverteremus non esse cohibeu- 
 dam religionis libertatem, sed uniuscujusque arbitrio ac 
 voluntati permittendum ut ex animi sui sententia rebus di- 
 
 vinis operam daret. " 
 
 Eusebuis. 
 
 A WORK containing hints on the nature, essay i. 
 extent, and Hmitations of an enhghtened 
 rehgious toleration, can commence with 
 nothing more suitable to the design of 
 the writer, and the expectations of the 
 reader, than some general observations 
 upon the term Toleratmi, 
 
 B The 
 
2 RIGHT TO INVESTIGATE 
 
 v^f^j^ The word is unquestionably of Latin 
 Sthe temi derivation, and has been adopted by us, 
 most probably, through the medium of 
 the French Tolerance. '' To tolerate," 
 says the great English lexicographer, '' is 
 '' to allow so as not to hinder, to suffer," 
 fill the sense to permit J, '^ to pass uncen- 
 " sured." Though these definitions are 
 incontrovertibly true, yet they do not ex- 
 press all that the term Tolerate seems to 
 imply. Nothing can be said to be tole- 
 hnpiies rated which we have not a rmhty as well 
 
 right to "^ 
 
 forbid. ^^ ^ power, to prevent or forbid. The 
 word, in every application cited by Dr. 
 Johnson, supposes the existence of this 
 right and power, on the side of the party 
 tolerating. It must, indeed, be granted, 
 that the possession of the power to forbid 
 or hinder, generally, but not necessarily, 
 supposes the existence of the right. A 
 thief may possess the power to break into 
 
 my 
 
RELIGIOUS PRINCIPLES. 3 
 
 my house and rob me; and, hence, if he essay i. 
 refrained from such violence, he might 
 say^ that he tolerated me to live peaceably 
 in my own house : but it must be obvious 
 to every one, that, in such a case, the term 
 toleration would be grossly misapplied. 
 For though he has the power to deprive 
 me of the peaceable possession and en- 
 joyment of my home, yet he has no right 
 either to destroy or diminish any of my 
 comforts, by the exercise of that power, 
 I conclude, therefore, that the word tole- 
 ration is misapplied, in all cases, where 
 the party who tolerates enjoys nothing 
 but the power of hindering : and, fur- 
 ther, that the right must exist, in con- 
 junction w^ith the power, before we can 
 arrogate to ourselves the authority of 
 tolerating what we disapprove. A master 
 may tolerate disobedience in a servant ; 
 a father may tolerate misconduct in his 
 
 B 2 son ; 
 
4 RIGHT TO INVESTIGATE 
 
 Essay I. son ; but it ncvcr can be said, with any 
 degree of propriety, that I tolerate my 
 neighbour to think for himself. Now, 
 
 Misapplied if the principles I have laid down be ad- 
 
 to religious 
 
 liberty. mittcd, it must be egregiously absurd to 
 speak of one form of religion tolerating 
 another, without supposing a natural 
 right, as w^ell as an existing power, in the 
 one tolerating, to hinder or forbid the 
 
 No such other. That such a right does not ap- 
 
 right pos- 
 sessed by pertain to the official character of the 
 
 ministers of 
 
 religion, ministcrs of relirion, but few persons 
 
 nor bv civil n ^ J: 
 
 will feel inclined to deny. Whether it is 
 to be considered as forming a constituent 
 part of the office of the civil magistrate, 
 is yet to be investigated. 
 
 Every liberal-minded man, both in 
 and out of the established church of our 
 country, must feel thankful to God, that 
 the disposition of our civil rulers does 
 not lead them to enforce their peculiar 
 
 religious 
 
 nor by civil 
 iiilers 
 
RELIGIOUS PRINCIPLES. t 
 
 ^religious sentiments by corporeal tor- essay i. 
 tures : but, we presume, this exemption 
 from gross acts of persecution furnishes 
 no cause for gratitude to man ; since it is 
 neither an indulgence which was not to 
 be expected, nor a favour that might 
 justly have been withheld. Though it ^ 
 be a vice of no light shade to be intole- 
 rant, yet it is no virtue to permit the free 
 exercise of differing modes of worship ; 
 any more than it would be, to permit 
 a fellow subject to live quietly in his 
 own house, and enjoy the fruits of his 
 own industry. If, then, a civil ruler 
 tolerate, it must be upon the principle, 
 that he might forbid or prevent; and 
 every one who acknowledges the autho- 
 rity of a ruler to tolerate, at the same 
 time admits, that, should that ruler feel 
 disposed, or imagine it necessary, he has 
 a right, either from the nature of his 
 
 office, 
 
6 RIGHT TO INVESTIGATE 
 
 •Essay I. office, OF the radical principles of the 
 social compact, to enforce conformity to 
 that which he shall propagate as the na- 
 tional creed. But I hope to prove, that the 
 authority \vhich the word Tolerate sup- 
 poses the magistrate to possess, cannot be 
 . defended upon either of these grounds. 
 
 The ma- That the office of the magistrate 
 
 gistrate's 
 
 office does neither requires nor supposes such au- 
 
 not require •*■ -^ J- 
 
 **' thority, will be evident, whether we 
 
 recur to the first institution of civil so- 
 ciety, and view his office in its simplest 
 form, or contemplate it in that state of 
 society, in which the duties of the ma- 
 gistrate become more complicated, and 
 give a different aspect to the office he 
 sustains. 
 
 ori-inof It must bc admitted, that the office 
 
 civil power. 
 
 of the civil ruler could arise only out of 
 those mutual compacts and agreements 
 into which men entered when they 
 
 began 
 
RELIGIOUS PRINCIPLES. / 
 
 began to associate into large companies, essay i, 
 and form themselves into martial tribes 
 for their mutual defence. The power 
 of the Chief or leader (which was the 
 first form of the magistrate's office) 
 could extend only to the general opera- 
 tions of the tribe, and the determination 
 of suitable punishments for those who 
 transgressed the rules of the society. 
 The end which the institution of the The objects 
 
 of the for- 
 
 civil power had in view, was the attain- ^T^- ""^ 
 ment of some good, which, otherwise, 
 could not have been enjoyed, or the pre- 
 vention of some evil, against which this 
 was deemed the best security. The ad- 
 vancement of men's temporal interest 
 must, indeed, have been the primary, and 
 only object, which could suggest the 
 institution of the magistrate's office. 
 The nature of his office must, therefore, ofthema^ 
 
 g-istrate's 
 
 be defined by the objects which the office hence 
 
 defined. 
 
 insti- 
 
8 RIGHT TO INVESTIGATE 
 
 Ess A Yi. institution of civil society had in view ; 
 and the duties attached to that office 
 rest exclusively on those principles which 
 form the basis of the great political 
 fabrick. 
 
 AVhat these principles were, is satis- 
 
 Opinionof factorily explained by the learned War- 
 
 Warburton J r J 
 
 ""^ ^"^^"^ burton. '' Civil society," says that writer, 
 
 society. J ' J ' 
 
 " I suppose, will be allowed to have been 
 '' instituted for the attainment of some 
 '' determined end or ends. If so, then 
 '' for some, without consideration had to 
 '' others ; which again infers the necessity 
 " of distinguishing this end from others. 
 *'But the distinction can arise only from 
 " the different properties of the things pre- 
 " tending. But again, amongst all those 
 '' things, which are apt to obtrude, or 
 '' have, in fact, obtruded themselves on 
 ''men, as the ends of civil society, there 
 ''is but one difference in their properties, 
 
 as 
 
RELIGIOUS PRINCIPLES. 
 
 *^ as ends, which is this : that one of these 
 *^ is attainable by civil society only, and all 
 '^ the rest are, tuith equal ease, attainable 
 '' vnthout it. The thing, then, with the 
 '* first- mentioned property must needs be 
 *^' that genuine precise end of civil society, 
 " And this is no other than the Security 
 
 '^OF THE TEMPORAL LIBERTY AND PRO- 
 
 '' PERTY OF MAN. For this end, as we have 
 '' shewn, civil society was invented ; and 
 ''this civil society alone is able to procure. 
 "• Its great, but spurious rival, the salva- 
 '' tion of souls, or the security of man's 
 '' future happiness, is therefore excluded 
 '' from this part of the division. For this 
 '' not depending upon outward accidents, 
 ''or on the will or power of another, as 
 '' the body and goods do, may be as well 
 '' attained in a state of nature, as in civil 
 '' society ; and therefore, on the principles 
 ''here delivered, cannot be one of the 
 
 causes 
 
same in the 
 advanced 
 state of so- 
 ciety. 
 
 10 RIGHT TO INVESTIGATE 
 
 EssAYj. «^ causes of the institution of civil society ; 
 '' nor consequently one of the ends 
 " thereof. But if so, the promotion of it 
 " comes not within the peculiar province 
 '' of the magistrate."^ 
 
 These du- As to thc morc advanced state of so- 
 
 ties the 
 
 ciety, it must be generally admitted, that 
 no duties can attach to the office of the 
 magistrate which are incompatible with 
 the principles upon which that office was 
 instituted, or wiiich entrench upon the 
 most perfect enjoyment of personal li- 
 berty, while that liberty does not inter- 
 Promotion fe^e with thc liberties of another. Now, 
 not the ma- as thc promotion of religion formed, ori- 
 
 gistrate's 
 
 province. ginally, no part of the magistrate's pro- 
 vince, and, from its nature, as I shall 
 afterwards shew, never could fall within 
 his jurisdiction, and as all the good reli- 
 gion can produce to civil society is best 
 
 attain- 
 
 (1) See JDzV. Le^-. Book IT. sect 5. 
 
duty, 
 
 RELIGIOUS PRINCIPLES* 11 
 
 attainable when truth is left to make its essay i. 
 way by its own light, and when no re- 
 straint is laid upon the consciences of 
 men, it ought to follow, that even the - 
 more complicated duties of the magi- 
 strate should not involve the exercise of 
 any influence in the promotion of one 
 system of religious opinions, to the de- 
 triment of another. I do not here mean Promotion 
 
 of morality 
 
 to state, that, in a refined and polished J,^;^,""^^'" 
 form of government, the duties of the 
 magistrate ought not to embrace • a re- 
 gard to publick morality, or a counte- 
 nance to religion in general ; for these I 
 consider as the firmest bond of social 
 union. The only question then is. Can all 
 the advantages which religion is capable 
 of procuring to the state, be enjoyed 
 without the production of those evils 
 which have always followed judicial in- 
 terference, to suppress one mode, and 
 
 establish 
 
12 RIGHT TO INVESTIGATE 
 
 Essay I. establish another ? The preservation of 
 the morahty of the state, and the peace 
 of the individual, are points perfectly di- 
 stinct from forms of v^orship and systems 
 of religion. I should therefore feel no 
 hesitation in answering the question in 
 the affirmative. It needs, I apprehend, 
 little proof, that, if the attention of the 
 civil magistrate were exclusively direc- 
 ted to these two points, the preservation 
 of morality ( I mean morality in cases 
 where immorality v^ould be injurious to 
 any of our fellow subjects), and the secu- 
 rity of every individual's person, charac- 
 ter, and property, all would be done, that 
 can be done, without an infringement on 
 the rights of some of the subjects, and 
 without the admission of a principle 
 which I conceive capable of application 
 to the worst of purposes ; viz. That, ir- 
 respective of any injury my sentiments 
 
 may 
 
RELIGIOUS PRINCIPLES. 13 
 
 may prove to my fellow subjects, I am essay i. 
 deserving of judicial censure, and the in- 
 fliction of civil penalty. 
 
 It is incumbent upon me now to sodai com- 
 pact con- 
 shew, that the authority which the word cedes to the 
 
 magistrate 
 
 Tolerate supposes the magistrate to pos- "^ autho- 
 
 i -T & r nty m reli- 
 
 sess, cannot be defended from the radical ^'°°* 
 principles of the social compact. That 
 degree of authority which toleration im- 
 plies can never be conceded without a 
 total surrender of our natural rights ; and, 
 if it can be proved that our connexion 
 with society does not involve such a sur- 
 render of all natural rights, the propo- 
 sition I at first laid down must be con- 
 sidered well established. 
 
 That man has natural rights which he Some of our 
 
 rights un- 
 
 cannot surrender, while the exercise of alienable. 
 reason continues, and which he will not 
 surrender so long as he feels himself an 
 accountable being, is too obvious to be 
 
 contro- 
 
14 RIGHT TO INVESTIGATE 
 
 EssAYi. controverted. The free exercise of our 
 What these Tcason, in the formation of speculative 
 
 rig'hts are. 
 
 opinions, and perfect Uberty to vi^orship 
 God in that mode we may be convinced 
 is acceptable, are natural rights w^hich no 
 one man can deny to another, v^ithout 
 exposing himself, on his own principles, 
 to the same loss of natural rights, v^hen- 
 ever Providence may advance his degra- 
 
 t ded and fettered neighbour to the posses- 
 
 sion of the sword. 
 
 Opinion of Bi2t it has been asserted by many 
 
 Burke and '' *^ 
 
 Hey stated, ^vrltcrs of thc highcst eminence, that 
 these natural rights are altogether re- 
 linquished, when we offer ourselves as 
 ' members of civil society. We surren- 
 der into the hands of society, it is said, 
 all control over our actions, the moment 
 we leave a state of nature ; and for this^ 
 in return, we receive the superior and 
 more valuable advantages of an established 
 
 govern- 
 
RELIGIOUS PRINCIPLES. 
 
 government, and a regular administra- 
 tion of justice, ^rhis sentiment is main- 
 tained, in nearly its full extent, by the 
 eloquent Mr. Burke and the learned Mr. 
 Hey. '' The rights I can conjecture,*' 
 says this latter writer, '' (for it is but 
 '' conjecture) to belong to me as a mere 
 '' man, are so uncertain, and, comparative- 
 '' ly, so unimportant, while the rights I feel 
 '^ myself possessed of in civil society are so 
 *^ great, so numerous, and many of them so 
 " well defined, that I am strongly inclined 
 *' to consider society as creating or giving 
 '' my rights, rather than as recognising 
 *' and securing what I could have claimed, 
 *^ if I had lived in an unconnected state." 
 
 That connexion with society necessa- This shewn 
 
 to be incon- 
 
 rilv supposes a curtailment of some of distent with 
 
 •^ -I -L the origin 
 
 our rights, must be readily conceded, by ""^ '^'''^^^^' 
 all who contemplate the nature of a civil 
 community; but, that the greatest and 
 
 most 
 
l6 RIGHT TO INVESTIGATE 
 
 Essay I. most Valuable of our natural rights ought 
 not to be surrendered to any form of 
 government v^hatever, vrill, I conceive, 
 appear more fully, if w^e consider that the 
 end to be answered by the formation of 
 society would be defeated by such a sur- 
 render. It is manifest, that society origi- 
 nated in a principle of self-love ; we are 
 associated for the purpose of securing to 
 ourselves the enjoyment of greater good 
 than could possibly be realized in a state 
 of nature ; and every connexion of a so- 
 cial nature that has not this for its object, 
 and every institution in civil society 
 which does not contribute to promote the 
 happiness of the majority of its members, 
 is an invention unwise in its formation, 
 and baneful in its influence. 
 
 Benefits so- jf rcason bc the noblest gift of the Crea- 
 
 ciety can *-' 
 
 eqSvIieTt tor, if the exercise of our mental faculties 
 
 crificeof and the indulgence of our moral views 
 
 principle. 
 
RELIGIOUS PRINCIPLES. 17 
 
 and feelings constitute the chief source ^^^J- 
 of our happiness, a resignation of them 
 must be the forerunner of misery, and a 
 prelude to the most abject degradation. 
 That union, therefore, ^;\^hich infringes 
 upon these, would defeat the object for 
 which society was at first established, 
 and which alone can justify its continu- 
 ance. Society has nothing to offer, which 
 could in any degree compensate for a sa- 
 crifice so large and momentous. The ad- 
 vantages it bestows are but partial, and, 
 therefore, never can form an equivalent 
 for an abandonment of those rights 
 which designate man a rational and ac- 
 countable creature. 
 
 All the precedinp; ar2;uments have Reasons 
 tended to prove, that neither the nature '^""^"^ """^ 
 
 J- ' possess au- 
 
 of the magistrate's office, nor the princi- reUgSn!'' 
 pies on which our social union is formed, 
 will justify the use of the term Toleration, 
 
 c in 
 
18 RIGHT TO INVESTIGATE 
 
 Essay I. in reference to the conduct of governors, 
 w^hen they do not oppress nor persecute 
 a religion which they disapprove. 
 
 I now proceed to shew the reasons why 
 society should not possess the right to in- 
 vestigate the religious principles of its sub- 
 jects; and why our connexion with society 
 should ?iot involve a surrender of the 
 rights of conscience to the domination of 
 an individual or the whole community. 
 
 Definition Bcforc I procccd to a statement of these 
 
 of religious 
 
 principles, rcasous^ I bcg Icavc to premise, that, by 
 religious principles, I mean the judge- 
 ments we form, and the sentiments we 
 hold, concerning matters of religious be- 
 lief; and, in the subsequent part of this 
 Essay, I wish to be understood as speak- 
 ing of religious sentiments, irrespective 
 of their effects on the conduct, and un- 
 connected with secular politicks. 
 
 In this view, our religious principles 
 
 can 
 
RELIGIOUS PRINCIPLES. IQ 
 
 can never be injurious to the commu- essay i. 
 nity of which we form a part ; for since ^^.^^^^>' ^^- 
 
 »^ ■»• ceives no 
 
 sentiments are the judgements of our '°"^"'^* 
 own mind, and have their origin and 
 existence in our own breasts, while they 
 continue there unconnected with overt 
 acts, they may be said to terminate in 
 ourselves ; and whether I bend the knee 
 to Moloch, to the Sovereign of Olympus, 
 to the Inca of Mexico, to the Prophet of 
 Mecca, to the Virgin Mary, to Christ as a 
 man, or to the triune Jehovah, I infringe 
 upon none of the rights or enjoyments of 
 my neighbour, and am, therefore, in no 
 degree amenable to the tribunal of political 
 justice. Whether I believe, with the 
 Ancients, the world to have been eternal, 
 or receive the authenticated testimony 
 of Moses, that it has not existed six thou- 
 sand years, to God I am accountable 
 for the belief or rejection of either ; bat 
 
 c 2 against 
 
20 RIGHT TO INVESTIGATE 
 
 Essay I 
 
 against my neighbour I commit no trespass, 
 should I reject both the hypothesis of the 
 philosopher, and the testimony of the 
 Jewish legislator. I lose no privilege, 
 sustain no personal injury, am deprived 
 of nothing that is my due, should my 
 next door neighbour believe the ludicrous 
 tale of Ovid, that Deucalion and Pyrrha 
 repeopled the world after the flood, by 
 throwing stones over their shoulder ; 
 while I believe, that all the present inha- 
 bitants of the world descended from the 
 family of Noah. Consequently, as society 
 receives no injury from a man's belief, it 
 can have no right to punish him simply for 
 that belief, though it be the most absurd 
 imaginable : hence, on the part of the 
 magistrate, it is a manifest innovation to 
 extort a confession of religious opinions, 
 bv anv methods of coercion. 
 
 The official duties of the magistrate 
 
 refer 
 
RELIGIOUS PRINCIPLES. 21 
 
 refer only to distributive and executive e^ay i. 
 justice ; and in this, which is his only ^tvo^the' 
 publick ca,pacity, he can on no occasion does not ex- 
 
 tend to 
 
 be appealed to as the oracle of truth, principle. 
 Every ratronal mind w^ould revolt at the 
 idea of inquiring in the statute books, 
 whether the soul be immortal, w^hether 
 there shall be a resurrection of the body, 
 or wTiether the pains of hell wdll be eter- 
 nal : equally absurd would it be to con- 
 stitute the magistrate an ecclesiastical in- 
 quisitor into that inviolable arcanum of hu- 
 man thought, where principle is sacred to 
 ourselves and God. As law^s are framed for 
 the regulation and well-being of society, 
 and the magistrate is nothing more than 
 the law in act, or, in the language of 
 Cicero ^ ''Dici potest, magistratum legem 
 '' esse loquentem ; legem autem, mutuin 
 " magistratum," and hence derives his 
 
 whole 
 
 (1) DeLegibus, lib. III. 
 
22 RIGHT TO INVESTIGATE 
 
 EssAYj. whole power from the law, he cannot 
 judicially investigate principle ; since that 
 in no case militates against the order and 
 ^well-being of the community. To pu- 
 nish a man with racks and tortures for a 
 belief of erroneous sentiments, is, on the 
 part of rulers, an assumption of a power 
 which they never can derive from their 
 legal character as the ministers of justice, 
 and which, from the nature of the case, 
 never could be conceded to them. To 
 
 Evils that commit into the hands of the magistrate 
 
 would arise 
 
 from such thc powcF of scrutiuizing principle, and 
 
 authority. 
 
 punishing for sentimental delinquency, 
 would be to invest him with an unlimited 
 degree of authority, liable to the most ex- 
 travagant abuse ; and to surrender, on 
 our part, the independence of reason, the 
 decisions of judgement, and the dictates 
 of conscience. 
 
 The shades of religious principle in the 
 
 mind 
 
RELIGIOUS PRINCIPLES. 23 
 
 mind are so various and indefinite, that, to essay i. 
 constitute the magistrate an inquisitorial 
 casuist, would be to encumber the con- 
 science of a good ruler with perplexing 
 doubts and painful remorse ; or, to open 
 in a bad one a fruitful source of licenti- 
 ousness, tyranny, caprice, and malignity. 
 Nor should it be forgotten, that we are 
 constitutionally incapable of relinquishing, 
 in any case, our convictions of truth. 
 Principle alone can counteract principle ; 
 truth alone can banish error from the 
 mind: and, hence, our religious prin- 
 ciples will always depend for their rec- 
 titude and purity, not upon the laws of 
 our country, and the decisions of go- 
 vernors, but upon the degree of light in 
 our understandings. 
 
 Again : To rest religious sentiments it wouu 
 
 suppose the 
 
 upon the decisions of the civil map;i- ma-istrate 
 
 ^ ^ infallible. 
 
 strate, would be to suppose in him an 
 
 infallible 
 
24 ^ RIGHT TO INVESTIGATE 
 
 iAV I. 
 
 infallible judgement, in all cases of truth 
 and error ; for if the person, to whom 
 we are to render an account, be as liable 
 as oursehes to form an erroneous opinion, 
 there would be a most glaring impro- 
 priety in investing him with a power to 
 punish, in a case where he has no supe- 
 rior capacity of judging : and, upon the 
 supposition that he may, sometimes, give 
 a wrong decision, he, ^^ho should be 
 judge, ought to incur the penalty as the 
 delinquent. Penal laws, and the execu- 
 tive power of the magistrate, have their 
 origin in the voice of the people ; they 
 can prove no supernatural derivation; 
 they are dignified by no apostolic origin ; 
 they exhibit none of the usual marks of 
 divine communications : and, therefore, 
 it must be the height of presumption in 
 governors, fallible as their subjects, to 
 enforce such laws as, in any degree, in- 
 fringe 
 
RELIGIOUS PRINCIPLES. 25 
 
 fringe on the rights of conscience. Well ^^^ '• 
 might the persecuted subject retort on 
 the presumptuous ruler : '' First cast out 
 '' the beam out of thine own eye; and 
 '^ then shalt thou see clearly to cast out the 
 '' mote out of thy brother's eye^" Shall 
 he, who but yesterday was himself a sub- 
 ject, and stood on the same level as others, 
 be to-day constituted an oracle of religious 
 belief, and prescribe a creed for his 
 neighbour ; or imperiously dictate to the 
 conscience of him who was lately his 
 class-mate in the school of literature, and 
 who was never accustomed to view him 
 as his superior, till he was dignified with 
 the awful insignia of office ? 
 
 It is, further, worthy of observation, it would 
 
 . , . ... transfer the 
 
 that, to constitute the magistrate a judge responsibi- 
 lity from 
 in matters of religious belief, would theindivi- 
 
 dual to the 
 
 transfer ^i^^i^^ier. 
 
 (1) Matt.vii. 5, 
 
26 RIGHT TO INVESTIGATE 
 
 Ess AYj. transfer the responsibility attaching to the 
 religious sentiments of each individual, 
 to the person of the civil ruler, and make 
 him an intermediate person between the 
 
 This Avouid subject and God. That every individual 
 
 be incon- *^ "^ 
 
 Jod'fnrrai ^^ rcsponsiblc to God for his transactions 
 Si7n™' in this probationary state, must be univer- 
 sally admitted, by all who receive the 
 Scriptures as a criterion of faith and a rule 
 of obedience : '' He that believeth, and is 
 ^^ baptized, shall be saved ; but he that be- 
 ^^ lieveth not, shall be damned S" is the de- 
 cision of Him, who '' spake as never man 
 '' spake:" and, again, it is written, ''We 
 ^' must all appear before the judgement 
 '' seat of Christ, that every one may receive 
 '' the things done in his body, according to 
 '' that he hath done, whether it be good 
 '' or bad^:" and, finally, our Lord, after 
 
 descri- 
 
 (1) Markxvi. 16. (2) 2Cor. v. 10. 
 
RELIGIOUS PRINCIPLES. 
 
 describing the nature and transactions 
 of the general judgement, pronounces, 
 '' And these," the wicked, '' shall go away 
 *^ into everlasting punishment; but the 
 '^ righteous into life eternal'^." All these 
 Scriptures pre-suppose, that every indivi- 
 dual is an accountable being : he pos- 
 sesses understanding, will, and conscience ; 
 and the free exercise of these faculties ren- 
 ders him accountable to the Author of his 
 existence, for the abuse or improvement of 
 every power with which he is endowed. 
 In coincidence with this sentiment, 
 Jeremiah saith, '' They shall say no more, 
 ''the fathers have eaten a sour grape, and 
 '' the children's teeth are set on edge : But 
 '' every one shall die for his own iniquity ; 
 '' every one that eateth the sour grape, his 
 ''teeth shall be set on edge*." But, if the 
 
 civil 
 
 (3) Matt. XXV. 46. 
 
 (4) Jer. xxxi. 'IQ, 30. 
 
28 RIGHT TO INVESTIGATE 
 
 essayI. civil ruler, or the legislative body, pre- 
 sumes to enforce articles of faith, or 
 forms of divine worship, the accoimta- 
 bleness, which would devolve upon the 
 individual, must be transferred to those, 
 whose decisions he is necessitated to 
 obey. By such an assumption, the ruling 
 power supersedes the free exercise of 
 understanding and judgement in the in- 
 dividual ; compels his will to act con- 
 trary to its original bias ; and suppresses 
 the dictates of conscience by the indefi- 
 nite dogma, ' That magisterial authority 
 ' is a power derived from God, and, con- 
 ' sequently, never to be resisted/ But, 
 surely, none will venture the assertion, 
 that rulers are to interpret Scripture ac- 
 cording to their own views or conveni- 
 ence, and annex penalties to the rejection 
 of these views of its import; and yet, 
 that, ultimately, the responsibility must 
 
 devolve 
 
RELIGIOUS PRINCIPLES. 2Q 
 
 devolve upon the individual, although he ^^* 
 was decreed incompetent to decide for 
 himself. And, if it be admitted, that J^'^'f?' 
 
 ^ ^ then takes 
 
 those, v^ho prescribe a creed, or define place^t^the 
 the forms of worship for their fellow heaven. 
 creatures, must stand in the gap between 
 their subjects and God, to answer for the 
 consequences arising out of those pre- 
 cepts, to which they exacted obedience ; 
 how small is the number of rulers, who 
 shall enter the kingdom of heaven ! 
 
 In almost every age, some important 
 alteration has taken place in national 
 forms of religion : and, often, the lapse 
 of a few years has seen systems, diame- 
 trically opposite, alternately rise and fall ; 
 while, under each decision of the go- 
 vernment, penalties have been annexed to 
 nonconformity. Now, as all could not 
 be right, doubtless those who were in 
 an error, as they inflicted punishment 
 
 upon 
 
 i 
 
 ^ 
 
30 RIGHT TO INVESTIGATE 
 
 Ess AYj. upon dissentients from their creed, must 
 themselves be the subjects of punish- 
 ment, under the sentence of unerring 
 
 Situation of Justicc. Trulj awful, then, is the case 
 
 rulers in 
 
 this view of those, who, in any ap-e, have assumed 
 
 truly awful, ^ to ^ 
 
 the regency of conscience ; w^hether it be 
 Nebuchadnezzar, who commanded to 
 worship his god of gold ; or Nero, who 
 required adoration to the pagan deities ; 
 the Popes, who arrogated divine honours 
 to themselves ; or Henry the Vlllth, 
 Elizabeth, and the Stuarts, who enjoined 
 conformity to the English Episcopal 
 Church : they all tacitly constituted 
 themselves responsible to God for the na- 
 ture and consequences of the creed pro- 
 fessed by their subjects, through ordaining 
 what that creed should be; and thus 
 rendered themselves intermediate between 
 their subjects and God, 
 
 It would be wise in princes, or legisla- 
 tive 
 
RELIGIOUS PRINCIPLES. 31 
 
 tive assemblies, to pause, and inquire into ^^• 
 the extent of that responsibihty, which ^^^l^^^^^ 
 they vokmtarily incur, before they yen- tlJeaslX^. 
 
 . J- J tionofsuch 
 
 ture to make the awful experiment, lie, authority. 
 who well knew the yalue of the human 
 soul, because He had both created and re- 
 deemed it, testifies, that a man is not 
 profited by the exchange, '' if he gain the 
 '' whole world, and lose his own souP." 
 Hence, we haye an illustration of Dayid's 
 observation : '' They that trust in their 
 *' vv^ealth, and boast themselyes in the mul- 
 '' titude of their riches, none of them can, 
 '' by any means, redeem his brother, or 
 ^' giye to God a ransom for him ; for the 
 '^ redemption of the soul is precious^: "and, 
 if the yalue of a human soul be incalcu- 
 lably great, who will dare to incur respon- 
 sibility for him, whose redemption price 
 he neyer can pay ? If the guilt of one 
 
 soul 
 
 (1) Markviii. 3^. (2) Psalm x]ix. 6, 7,, 8. 
 
32 
 
 RIGHT TO INVESTIGATE 
 
 £l!tl3' ^^^^ ^^ ^^^ great for his fellow creature 
 ever to atone for, what act of presum- 
 ption can equal that^ of prescribing a na- 
 tional creed, or national forms of wor- 
 ship ? If the prescribed form of belief 
 be not such as God approves, it will be 
 \ found unavailing in the business of man's 
 
 salvation : and, hence, those who de- 
 mand assent to that form of belief, tacit- 
 ly invoke, upon their own heads, the 
 guilt of all from whom conformity is 
 exacted. Now, if the iniquity of one 
 soul be great beyond computation, w^hat 
 must be the amount in guilt of seven 
 millions of souls, if they should all be 
 taught, confirmed, and compelled to re- 
 main in an error, by the voice and the 
 penalties of legislative authority? 
 
 But, to obtain a yet more accurate 
 idea of that responsibility, which must 
 attach to the governors, who assume the 
 
 regency 
 
 The respon 
 sibility 
 would be 
 infinite. 
 
RELIGIOUS PRINCIPLES. 33 
 
 regency of conscience, let us multiply essay l 
 the number of individuals in the nation^ 
 by all the generations in which these 
 laws have operated ; and, by this exten- 
 ded view of the subject, we shall be led 
 clearly to apprehend the propriety of 
 Isaiah's sublime anticipation of the tre- 
 mendous overthrow of the Babylonian . 
 tyrant. 
 
 Let us contemplate the extent of 
 Nebuchadnezzar's dominion, compute 
 the number of persons over whom he 
 reigned, reflect upon the guilt of idol 
 worship, and then hear it proclaimed by 
 the authority of that imperious monarch : 
 '' To you it is commanded, O people, and 
 *' nations, and languages, that, at what 
 *' time ye hear the sound of the cornet, 
 '^ flute, harp, sackbut, psaltery, dulcimer, 
 " and all kinds of musick, ve fall down 
 '' and worship the golden image that 
 D " Nebu- 
 
34 IlIGHT TO INVESTIGATE 
 
 Es^AV I. '^ Nebuchadnezzar, the king, hath set 
 '' up : And, whoso falleth not down and 
 '' worshippeth, shall, the same hour, be 
 '' cast into the midst of a burning, fiery 
 '^ furnace \" 
 
 From inspecting the character of the 
 proud and despotick father, let us turn to 
 contemplate the conduct of his impious 
 grandson, Belshazzar ; and say, whether 
 the circumstances of the case do not 
 fairly warrant the language of the pro- 
 phet, in reference to either ? '' Hell 
 " from beneath is moved for thee, to 
 '' meet thee at thy coming : it stirreth up 
 '' the dead for thee, even all the chief ones 
 ^' of the earth : it hath raised up from 
 '' their thrones all the kings of the na- 
 '' tions. All they shall speak, and say 
 "' unto thee. Art thou, also, become weak 
 
 (1) Daniel iii. 4/ 5, 6. 
 
RELIGIOUS PRINCIPLES, 35 
 
 *' as we ? art thou become like unto ns ?" essayi. 
 .....'' How art thou fallen from heaven, 
 *^ O Lucifer, son of the morning ! how 
 '' art thou cut dovvn to the ground, 
 *^ which didst weaken the nations^! " 
 
 With one observation more, we con- Truth and 
 
 conscience 
 
 elude the present essay. The natural areungo- 
 
 J- »' vernanle by 
 
 influence of truth upon the mind, can odsofco^r- 
 never be counteracted by suffering ; nor 
 the operations of conscience be governed 
 by any methods of coercion. 
 
 Torture, or even penalties of an infe- it^vouid 
 
 -*- onlv uiake 
 
 rior description, may make men hypo- ^yp^^"^^^- 
 crites ; but never can make them sincere 
 believers of our creed, nor compel them 
 to relinquish their own. If a tyrannical 
 prince were to demand my assent to the 
 proposition, that the product of ten, 
 multiplied by five, would be forty ; my 
 
 conviction, 
 
 (2) Isaiah xiv. 9, 10. 12. See Henry: also Viti'inga in loc. 
 D 2 
 
36 RIGHT TO INVESTIGATE 
 
 EssA^. conviction, that the true product will 
 amount to fifty, must remain immutable 
 within my own breast, whether I an- 
 ^vered his requisition in the negative 
 or the affirmative. Or, if the mathema- 
 tician w^ere required to believe, that two 
 angles of a triangle are equal to two 
 right angles, he might, through fear, 
 assent to the proposition,, but could 
 never be induced. By any description of 
 penalties, to suppose it demonstrable. 
 
 Illustrated Galilco was imprisoned by Pope Urban 
 
 %y Galileo. 
 
 VIII, for asserting the fact, that our 
 earth travels round the sun ; and, after 
 suffering many hardships, during five 
 years' im^prisonment within the walls of 
 the Inquisition, he recanted his profession 
 of faith in the Copernican system, and 
 accommodated his theory to the will of 
 the pontiff^: but, doubtless, Galileo's 
 
 conviction 
 
 (1) See Collier's Dictionary. 
 
RELIGIOUS PRINCIPLES. 3/ 
 
 conviction of this grand astronomical e?sav i. 
 truth remained invariable ; nor vv'ould all 
 
 the tortures of the Inquisition have efrec- 
 
 J. 
 
 ted any change in his opinion, to the 
 latest period of life : and, is it not pro- 
 bable, that every kind of racks and tor- 
 tures, with ^^hich the Inquisition was 
 furnished, would have proved equally ^ 
 ineffectual, had it been a question upon 
 the divinity of Christ, or the doctrine of 
 transubstantiation ? 
 
 The Jews have been severelv perse- BytheJew^ 
 
 - -•- iu Portugal. 
 
 cuted in Portugal; yet vain has been 
 this ill-judged attempt at their conversion : 
 they reside and multiply in the countrv ; 
 many of them assume the name of 
 Christians, while they sincerely hate both 
 the Author and professors of the Christian 
 faith; and, in their expiring moments, 
 
 receive the seal of circumcision ^. 
 
 As 
 
 (2) See Note L 
 
38 HIGHT TO INVESTIGATE 
 
 wtl3* ^^ ^ final proof of the proposition, 
 
 that the influence of truth and the dic- 
 tates of conscience are totally ungovern- 
 able by any methods of coercion, let us 
 observe the nature of the commission 
 given by Christ to the Apostles, and 
 mark its effects in the world : " Go ye 
 
 B^ the ^^ into all the world, and preach the 
 
 spread ot ^ -*- 
 
 inti^'^SIt '' Gospel to every creature ^" saith our 
 churchr Lord. They were a company of un- 
 learned men ; without property, in- 
 fluence, or arms ; few in number ; and 
 generally execrated : their enemies w^ere 
 potent, numerous, rich, and learned : yet, 
 as their cause was that of Truth, they 
 eventually prevailed. Upon the highest 
 calculation of their numbers, they were 
 about Ave hundred persons, matched 
 against the whole world. The wit assailed 
 
 them 
 
 (l) "w'arkxvi. 15. 
 
RELIGIOUS PRINCIPLES. SQ 
 
 them with ridicule; the man of learning essay i. 
 laboured to refute their doctrine by his 
 logick ; princes strove to extirpate them 
 by the sword ; but, under every species 
 of persecution, '^ the word of God grew 
 '' and multiplied^." The truths which 
 they were engaged to promulgate, were 
 addressed to the understanding : through 
 the medium of this faculty the opinion of 
 the judgement was formed : upon the 
 decisions of judgement, conscience acted : 
 the will was brought to acquiesce, and all 
 the affections were interested by the 
 subject : hence, every attempt to coun- 
 teract the progress of Christianity proved 
 abortive ; Herod drew the sword in aiso 
 vain; Nero, Domitian, Nerva, Trajan, ages.' 
 Adrian, Marcus Aurelius, with all their 
 competitors in acts of hostility against the 
 
 religion 
 
 (2) Actsxii. 24. 
 
 m suc- 
 ceeding: 
 
40 RIGHT TO INVESTIGATE 
 
 EssAYj^. religion of the cross, " laboured in vain^ 
 ''and spent their strength for nought :" 
 they menaced the professors of the 
 Christian faith ; they slew them by thou- 
 sands and tens of thousands ; but truth 
 continued to win its way in the world ; 
 it ^^as speedily diffused through the 
 Roman and Persian empires ; in Asia, 
 numerous churches were planted ; Africa 
 heard its joyful tidings ; and in every 
 place, where the standard of Messiah 
 was erected, many of the heathen en- 
 listed into his service. After numerous 
 attempts had been made, by the confede- 
 rated powers of earth and hell, to ruin 
 the cause of Christ, it became prover- 
 bial, that ' The blood of the martyrs 
 ' proved as the seed of the Church,' 
 Happy had it been for mankind in gene- 
 ral, if rulers had followed the discreet 
 advice of Gamaliel to the Jewish San- 
 hedrim ! 
 
RELIGIOUS PRINCIPLES. 41 
 
 hedrim ! *^ Refrain from these men, and Essay l 
 
 '' let them alone ; for, if this counsel or 
 
 '' this w^ork be of men, it will come to 
 
 '' nought ; but, if it be of God, ye cannot 
 
 ^' overthrow it ; lest, haply, ye be found 
 
 '' even to fight against God\" 
 
 (l) Actsv, 38, 39. 
 
42 
 
 Essay II. 
 
 Essay IL 
 
 ON SPECIFICK LIMITATIONS TO THE EXTENT OF AN 
 ENLIGHTENED RELIGIOUS TOLERATION. 
 
 The free aud happy civil constitution of this country knows 
 no heretick but a disturber of the peace." 
 
 Robhison's Ecclesiastical Researches. 
 
 X^ ROM the arguments already adduced 
 in the preceding essay, w^e learn, that 
 sentiment, while it remains in the breast 
 of the individual, is not a proper subject 
 of the magistrate's investigation; conse- 
 quently, all laws which sanction the 
 application of torture to obtain a confes- 
 sion of our creed, and those which enact 
 
 penalties 
 
LIMITATIONS TO RELIGIOUS TOLERATION. 43 
 
 penalties against the party from whom essay ii. 
 confession is extorted, are gross innova- 
 tions upon the first principles of our 
 nature, and subversive of those funda- 
 mental articles of reciprocal advantage, 
 that form the basis of our coalition. But 
 when principles are voluntarily professed, 
 it becomes the province of government 
 to inquire, how far they are compatible 
 with the political welfare of the commu- 
 nity, and to mark the precise point at 
 which they begin to militate against the 
 general good. 
 
 Under this view of the subject, I am Exceptions 
 
 should be 
 
 led to state three descriptions of religious *^'^e°' 
 sentiments, which furnish, I conceive, 
 just ground to except against a universal 
 and unlimited toleration. 
 
 We may here assume it as a principle First: ^ 
 
 against 
 
 needinp; no proof, that every man should those who 
 be liable to a criminal prosecution, who 
 
 publickly 
 
 extenuate 
 vice. 
 
44 SPECIFICK LIMITATIONS 
 
 Essay II. publicklj ciideavours to extenuate the 
 turpitude of those acts, Tvhich miUtate 
 against the peace and concord of society, 
 or pervert the ends of its formation. 
 The crimes of suicide, murder, adultery, 
 theft, perjury, and profane swearing^ are 
 pubhck evils, arid mostof them essentially 
 beyond the aggressor's ability to atone for, 
 and equally above the nature of a com- 
 promise. Consequently, should any man 
 publish to the vrorld a system of Theo- 
 logy, so lax, as to sanction vice under any 
 of these modifications, it would become 
 the duty of the magistrate to apply a 
 coercive remedy for the suppression of 
 sentiments, so hostile to the tranquillity 
 of the state, so inimical to domestick 
 happiness, and so directly tending to 
 imiversa] anarchy. 
 
 Those 
 
 (1) See Note XL 
 
TO RELIGIOUS TOLERATIOISf. 45 
 
 Those persons also should be excluded essay ii. 
 from the benefit of a free toleration, the secondly.- 
 
 against 
 
 publication of whose religious principles exdteTe-^ 
 tends to excite a spirit of resistance 
 against the ruling powers. 
 
 History records the wild enthusiasm 
 of various religious sects, whose princi- 
 ples and transactions justly incurred the 
 severe reprehension of the civil power : 
 and were similar cases to occur in our 
 own day, every loyal subject would rea- 
 dily assent to the exertion of force 
 for their suppression. Nor could any 
 man, who has the peace and welfare 
 of the community in view, for a mo- 
 ment maintain, that those who inculcate^ 
 as well as those who practise resistance 
 against the state, should not be liable 
 to suitable punishment. 
 What I have here stated, must not, how- Right to 
 
 , . ' t r ^ resist op- 
 
 ever, be construed into a denial of the pressionnot 
 
 denied. 
 
 right. 
 
46 SPECIFICK LIMITATIONS 
 
 Essay II. right, OH the part of the people^, to resist 
 tyrannical rulers, and liberate themselves 
 from the oppressive bonds of unjust 
 governments : for it is only on this ground 
 that we can justify the spirited conduct 
 of our forefathers, in their struggles 
 against the oppression of the House of 
 Stuart, and in their advancement of the 
 ilkistrious House of Hanover to the Bri- 
 tish throne. Such a right, how^ever, on 
 the part of the people, is totally distinct 
 from their religious sentiments, and 
 should never sanction the propagation of 
 seditious views, under the garb of 
 rehgion. Though I maintain the right of 
 the people to resist, yet that resistance 
 can be justified only by the peculiar 
 emergency of the case. It can never be 
 a principle of any government, that resis- 
 tance to that government is just and 
 lawful : it cannot therefore be admitted, 
 
 that 
 
TO RELIGIOUS TOLERATION. 
 
 that those rehgious sentiments, which 
 permit and inculcate resistance, are to be 
 tolerated : hence we must concede, that 
 this right of resistance on the part of the 
 people should form no article of reli- 
 gious toleration, and that the magistrate 
 should be possessed of a power to sup- 
 press those sentiments, which, under the 
 semblance of piety, diffuse sedition. 
 
 But here it is necessary to draw a line sentiments 
 
 capable of 
 
 of distinction, between those sentiments p^^je^^i^n 
 
 ^ disting-uish- 
 
 which are simply capable of being prosti- those^'neces- 
 
 . sarily sedi- 
 
 tuted to seditious pm'poses, and those tious. 
 which involve that consequence as a 
 legitimate and necessary result. Those 
 persons who profess sentiments of the 
 former description may be observed by 
 government with an eye of jealousy; 
 but it would be manifestly unjust to lay 
 them under penal laws, as the chastise- 
 ment must be inflicted upon the bare sup- 
 position, 
 
48 SPECIFICK LIMITATIONS 
 
 ^^^L5' position, that their sentiments are capable 
 of being perverted to encourage a spirit 
 of resistance against the powers of legis- 
 lation : but those of the latter class should 
 be suppressed by penalties, as the only 
 effectual method of preventing those ca- 
 lamities, which v^ould inevitably result to 
 society in consequence of their promul- 
 gation. To illustrate this distinction, 
 I may refer to two sects, delineated in 
 Ecclesiastical History. 
 
 The creed Thc Quakcrs believe the Scriptures to 
 
 of the 
 
 Quakers bc of diviuc authoritv, and p:iven by the 
 
 capable of -^ ^ *^ 
 
 perversion, inspiration of God, through holy men : 
 '' Nevertheless," says Penn, '' because 
 "^ they are only a declaration of the foun- 
 '' tain, and not the fountain itself, they 
 " are not to be esteemed the principal 
 ^' ground of all truth and knowledge, nor 
 ^' the primary rule of faith and manners : 
 '' yet, because they are a true and faithful 
 
 '' testimony 
 
TO RELIGIOUS TOLERATIONS. 4^ 
 
 •^ testimony of the first foundation, they essay ii. 
 '' are and may be esteemed a secondary 
 '' rule, subordinate to the Spirit, from 
 '' whom they have all their excellence 
 '' and certainty^" It may be questioned, 
 whether, as the necessary consequence 
 of this principle, the Quakers be not left 
 destitute of any definite, perfect, and im- 
 mutable rule of conduct ; and, therefore, 
 whether he, who to-day only refuses 
 tithes to the vicar, may not to-morrow 
 resist the claims of his sovereign ? 
 
 Another prominent feature of this 
 society is, their implicit confidence in 
 those emotions, which they conceive to 
 result from the supernatural agency of 
 the Holy Ghost.^ Here, again, the most 
 mischievous effects might, possibly, arise 
 
 out 
 
 (1) See Note III. 
 
 (2) See Note IV. 
 
 E 
 
SPECIFICK LIMITATIONS 
 
 out of a sentiment so intimately allied 
 to enthusiasm. It would be impious to 
 dispute, that the promise of Christ has 
 insured to his people a continued expe- 
 rience of the Spirit's agency : but He, who 
 said, '' I will pray the Father, and he 
 " shall give you another comforter, that 
 " he may abide with you for ever ;" and. 
 '' When he, the Spirit of truth, is come, 
 '' he will guide you into all truth ;" also 
 said, " Search the Scriptures ; for in them 
 '' ye think ye have eternal life, and they 
 " are they that testify of me." Now, 
 admitting the doctrine of divine agency 
 on the mind of man, but rejecting that 
 of the infallibility of the Scriptures, and 
 their paramount claim upon our obedi- 
 ence, we open wide those flood gates^ 
 which, may speedily inundate the nation, 
 and perhaps the world, with every species 
 of enthusiasm. If the Scriptures be not 
 
 the 
 
TO RELIGIOUS TOLERATION. 51 
 
 the prescribed rule of our conduct, every essay n. 
 delusion, which a \srarm imagination may 
 suggest, is liable to be mistaken for im- 
 mediate inspiration ; and, if directed into 
 a political channel, would portend the 
 subversion of all peace, order, and recti- 
 tude, in the several departments of society, 
 Tet, as principles may be variously con- 
 strued, and as the principles of the 
 Quakers do not bear directly to such 
 consequences, it would be an act of high 
 injustice in the legislature to anticipate 
 these consequences as a necessary result, 
 or to suppress the proselyting efforts of 
 Quakers, under the pretext of the bare 
 possibility, that their political sentiments 
 may one day assume a new aspect, in 
 perfect coincidence with the same radical 
 principles that are, at present, the basis 
 of their faith. 
 
 But 
 
52 SPECIFICK LIMITATIONS 
 
 Essay ih But wc tum from sccts of this descrip- 
 tion, whose religious tenets are simply- 
 liable to political abuse, to those, w^ho 
 avow sentiments breathing a spirit of op- 
 position to the existing government. For 
 an appropriate illustration under this par- 
 ticular, I may refer to the doctrines and 
 proceedings of the Fifth Mo7iarchy Men. 
 
 The creed Tliis scct arosc spccdily after the death 
 
 of the Fifth ^ ^ / 
 
 Monarchy of Isjiu^ Charlcs thc First ; and, during: 
 
 Men neces- 
 
 sariiy rebel- |-]^g rcig-ns of thc Protcctor and of 
 
 hou&. o 
 
 Charles the Second, carried on with 
 enthusiastick devotion their abominable 
 machinations against the state. They 
 expected the immediate appearance of 
 Christ upon the earth, to establish a 
 universal monarchy : they regarded all 
 Princes as usurpers : they conceived 
 themselves to be called by God to reform 
 the world : they pretended, that, as in- 
 struments, they were to subjugate all 
 
 earthly 
 
TO RELIGIOUS TOLERATION. 53 
 
 earthly powers to the dominion of King essay il 
 Jesus : and that their s^word must never 
 be sheathed, till the object of their com- 
 mission was completed, and the carnal 
 powers of the world vv^ere become a 
 hissing and a curse among rnen. 
 
 Under the influence of this infatuation, Their atro- 
 cious con^ 
 
 which aimed at the subversion of all human '^''''^' 
 government, thej concerted the destruc- 
 tion of the Protector : this was to have 
 been effected by exploding a quantity of 
 gunpowder under the chapel at Whitehall. 
 They afterwards plotted the destruction of 
 his son Richard: and in sixteen hundred 
 and sixty one, speedily after the restoration 
 of King Charles the Second, they raised a 
 serious insurrection in the heart of Lon- 
 don. On Lord's day, the sixth of January, 
 they marched out of their JMeeting House 
 in Coleman Street, vociferating, '' No 
 '' King hut Christ!'' who would, as they 
 
 presumed. 
 
54 specifiCk limitations 
 
 Essay ii. presumed, immediately come down and 
 head them. IManj persons were slain by 
 them in the publick streets at noon-day; 
 and when Sir Richard Brown, the lord 
 mayor, led against them some files of the 
 trained bands, they maintained the contest 
 with indescribable fury. Bishop Kennett 
 observes, '^ They fought with a courage 
 ^^more brutish and devilish than was 
 *' ever seen in men ; and, if their numbers 
 ^' had been equal to their spirits, they 
 '' would have overturned the city, the 
 *^ nation, and the ^\^orld^" These men, 
 under the influence of an over-heated 
 imagination, vainly projected the esta- 
 blishment of a universal monarchv in the 
 person of Him, who declared, ^' My 
 '^ kingdom is not of this world :" and, 
 as a consequence of their temerity, their 
 
 lives 
 
 (l) See Kennett's Chronicle. 
 
ments. 
 
 TO RELIGIOUS -TOLERATION. . 55 
 
 lives were oiFered up a sacrifice to publick ^^^^• 
 justice^. 
 
 Were sentiments of this description to Duty of the 
 
 magistrate 
 
 be promulgated in the present day, it g^^fg^^.^^! 
 would be wise in the legislature to impri- 
 son those who taught such principles, or 
 take sufficient securities for their desisting 
 from the practice ; and, also, to annex 
 severe penalties to the propagation of all 
 doctrines, so grossly subversive of the 
 peace of society, and the authority of the 
 civil magistrate. In this case, it would be 
 impolitick to await the consequences of 
 tolerating such enthusiasts, and to punish 
 only for the breach of the peace : for, as 
 such sentiments inevitably tend to level 
 all ranks in society, it is requisite that the 
 principle should be suppressed, before so- 
 ciety actually realizes its levelling horrors : 
 
 as 
 
 (2) See Note V. 
 
56 
 
 SPECIFICK LIMITATIONS 
 
 EssAYii. ^s it aims to destroy the authority of 
 rulers, it immediately becomes the pro- 
 vince of rulers to guard against its 
 consequences, and, if possible, to anni- 
 hilate the principle: as it maintains that 
 the will of every individual is the sole 
 criterion of all his actions, it becomes 
 politick for the majority of individuals in 
 the comm.unity, or, in other words, the 
 voice of the legislature, to prevent the 
 portentous consequences, by forbidding 
 the promulgation of the sentiment, rather 
 than exclusively to punish for the caU- 
 . mitous effect. 
 
 Thirdly : Further : an enlip^htened toleration 
 
 exceptions ^ 
 
 apiust must except ag:ainst all persons, whose 
 
 those who x n ± ^ 
 
 felurity. sentimcnts, upon religious topics, with- 
 draw from the community those sacred 
 pledges which constitute the bonds of 
 the social compact. 
 
 Of this description is the Atheist, who 
 
 denies 
 
TO RELIGIOUS TOLERATION. 5/ 
 
 denies the existence of a God; the Deist, ^ff^^^- 
 who can form no definite idea of the 
 divine moral character ; and the Roman 
 CathoKck, v^ho maintains, that, after 
 oaths have been taken with all possible 
 solemnity, the dispensing power of the 
 Pope can nullify their obligations. 
 
 In our courts of judicature, evi-dence is Nature of 
 
 an oath. 
 
 received upon the oath of the witness ; 
 vv^hich presupposes that an oath is sacred 
 with his conscience. Upon this principle, 
 none of the persons, just enumerated, 
 should be admitted to give evidence in a 
 court of justice ; for, in the mind of 
 each of these characters, the sacred na- 
 ture of an oath, and its binding qualities, 
 are destroyed by the fundamental princi- 
 ples of his creed ; and thus, as a tie upon 
 conscience, his oath is rendered nugatory. 
 An oath is a solemn appeal to the Deity, 
 as a witness of our veracity in some fact 
 
 asserted ; 
 
58 SPECIFICK LIMITATIOj^S 
 
 ^l!f Li3' asserted ; or, of our sincere determination 
 to fulfil a promise made ; and, at least, 
 tacitly imprecates his vengeance in case 
 of falsehood ^ 
 
 The But, by whom can the Atheist swear ? 
 
 Atheist. -^ 
 
 He denies the existence of a God; and, 
 hence, he evades the influence of con- 
 science. Now, if there be not a supreme 
 arbiter of human affairs, to whose om- 
 niscience we can refer, as knowing all 
 our transactions ; to whose inflexible 
 justice we may appeal, to reward or 
 punish, according to our integrity or 
 falsehood; and in whose omnipotent 
 power we may confide, for the execution* 
 of the decree that his justice shall 
 issue ; an oath is an unmeaning farce, 
 and possesses no binding qualities^. 
 Upon the man, who professes sentiments 
 
 so 
 
 (1) See Note VI. (2) See Note VII. . 
 
TO RELIGIOUS TOLERATION. 5Q 
 
 SO subversive of morality, we have no tie, ^f^^^- 
 but the fear of human vengeance ; and, if 
 that can be eluded, he will feel at liberty 
 to perpetrate any crime that may appear 
 convenient, for the promotion of self- 
 interest. Present advantage remains his 
 only stimulus in every action of life ; 
 consequently, he may be a knave, a syco- 
 phant, a hypocrite, or a murderer ; yet, 
 all in character^. 
 
 Again : the Deist should not be admit- The Deist, 
 ted to give evidence ; for, by what sacred 
 powxr can he swear ? He denies the au- 
 thenticity of the Scriptures ; consequent- 
 ly, his oath by the New Testament is no 
 more binding than if it ^were s^^orn by 
 the Iliad of Homer. If he sw^ear by the 
 God who made all things, his indefinite 
 notions of the Divine perfections destroy 
 
 the 
 
 (3) Vide Puffendorf, lib. III. cap. iv. sect. 4. 
 
6o 
 
 SPECIFICK LIMITATIONS 
 
 EssAYii. the solemnity of the act. The goodness 
 of God is rendered paramount to every 
 other perfection ; it annihilates his vin- 
 dicative justice ; it constitutes Mercy 
 little less than the patron of vice ; it 
 presents a general licence to sin ; and 
 doubtless, among others, for the sin of 
 perjury. 
 
 These remarks are grounded upon the 
 presumption, that he believes in the 
 doctrines of man's immortality, and of a 
 superintending Providence ; but, if these 
 be rejected, his licence to sin becomes 
 yet more extensive. As no crimes are 
 punished after death ; as no virtues are 
 rewarded in another world ; as there is 
 not a superintending Providence, to afford 
 examples of judicial wrath in this life ; 
 the advocates of Deism are reduced to 
 nearly the same broad level of licentious- 
 ness, as the avowed Atheist. Who then 
 
 would 
 
TO RELIGIOUS TOLERATION. 
 
 61 
 
 would receive the oaths of such men, in ^^^^^^' 
 testimony against their fellow subjects ? 
 Perfidy might be cherished, without en- 
 during the stings of conscience : bribes 
 may be taken, without com.punction : 
 perjury may be committed, without the 
 pain of rem.orse. If the Being by v/hom 
 we swear be acknowledged a nonentity, 
 our oath is rendered void ; or if, by an 
 absurd conception of the nature of his 
 attributes, we destroy the idea of being- 
 subjected to punishment for our crimes, 
 we may continue with impunity in the 
 practice of atrocious w^ickedness ; and 
 society can have no other security for 
 our observance of the general principles 
 upon which we are confederated, than 
 that which arises out of the penalties 
 annexed to delinquency ^ 
 
 I 
 
 pro- 
 
 (1) See Note VIII. 
 
62 
 
 ESSAV II. 
 
 The Roman 
 Catholick. 
 
 SPECIFICK LIMITATIONS 
 
 I proceed next to prove, that the oath 
 of a Roman Cathohck also ought to be 
 rejected. 
 
 He beheves, that the priest, or at most 
 the Pope, is amply qualified to absolve 
 him from all his sins^ ; and, hence, if he 
 can escape punishment from the existing 
 laws of his country, he may practise 
 iniquity in its grossest forms, his con- 
 science may be cleansed from guilt by an 
 act of absolution, and his soul be deli- 
 vered from perdition by a small gratuity 
 to the holy father. Here, then, an induce- 
 ment is offered to the mind, to perpetrate 
 many sinful actions, as interest or in- 
 clination may dictate. Perjury may be 
 committed at any convenient opportunity, 
 without horror of its nature, or anxiety 
 for its consequences ; since all the guilt 
 
 thus 
 
 (1) See Note IX. 
 
TO RELIGIOUS TOLERATION. 63 
 
 thus incurred may be expiated, at no ^^^jJjS' 
 
 great expense. 
 
 As the fundamental principles, upon 
 
 which an oath is considered inviolably 
 
 sacred, are destroyed by the tenets of the 
 
 Atheist, the Deist, and the Roman Ca- 
 
 tholick, it would be grossly absurd to 
 
 receive the oath of either, in confirmation 
 
 of any fact under judicial investigation. 
 
 But, while I protest against tolerating The Mo- 
 ham meiian 
 the characters already specified, I would and the Jew 
 
 can give a 
 
 receive the evidence of a Mohammedan, ^^^^^s^- 
 either in a civil or a criminal case; be- 
 cause, if he swear by the Koran, his oath 
 will be sacred, and his testimony that of 
 inviolable truth^. Upon the same prin- 
 ciple, I would receive the oath of a Jew ; 
 for, if it be sworn by the Jewish scrip- 
 tures, it is permanently binding ; and no 
 
 power 
 
 (2) See Note X. 
 
64 
 
 SPECIFICK LIMITATIONS 
 
 Essay II. 
 
 Atheists 
 and Deists 
 not to be 
 prevented 
 from pro- 
 pagating 
 their senti- 
 ments. 
 
 power on earth can absolve him from its 
 obhgations. 
 
 A question of magnitude here presents 
 itself for solution. Should Atheists and 
 Deists be allowed publickly to inculcate 
 their sentiments ? We presume that their 
 sentiments are intrinsically evil; yet, as 
 they do not directly tend to the subversion 
 of civil authority, it would be an unpro- 
 voked act of injustice in the civil power 
 to resort to coercion, ^while these men 
 appeal only to reason. Let them publickly 
 teach their sentiments ; let them advocate 
 the cause of infidelity: we tremble not for 
 the event. The sophistry of infidels can 
 never sap the foundation of the temple of 
 Truth, nor their hostile attacks shake the 
 superstructure. 
 
 It may be argued, that if these tenets 
 be an evil of such magnitude, as to con- 
 stitute a sufficient reason for rejecting 
 
 the 
 
TO RELIGIOUS TOLERATION. 
 
 65 
 
 the evidence of men by whom they are ^(^^' "• 
 professed, the entire suppression of them 
 would be a publick benefit. But, in an- 
 swer to this, it may be urged, that, in 
 rejecting their testimony, we have ex- 
 pressed our opinion of the evil nature of 
 their principles with sufficient decision, 
 and carried the act of suppression as far 
 as the nature of the case will fairly war- 
 rant. We have secured ourselves from 
 any pernicious consequences, which 
 might arise out of the articles of their 
 creed; and in that act terminates the 
 authority of society over the individual. 
 
 But while the liberty of publickly as- Roman c^- 
 
 tholicks 
 
 serting and defending their religious princi- ^^^""^"^ "^f- 
 pies is granted both to Atheists .and Deists, eeptunder 
 it cannot safely be extended to Roman 
 Catholicks, without specifick limitations. 
 
 We have already noticed the doctrine Because he 
 
 holds the 
 
 of absolution, as one of the leading tenets doctrine of 
 
 ^ absolution : 
 
 F of 
 
60 SPECIFICK LIMITATIONS 
 
 Es^AYji. of the Catholicks. Our former view of 
 the doctrine was in relation to perjury; 
 but, in the present connexion, it will 
 appear yet more pernicious, as embracing 
 all descriptions of guilt, and affording a 
 general sanction to the breach of both 
 Divine and human laws : consequently, 
 so long as either the inferior or dignified 
 orders of the Papal hierarchy pretend to 
 exercise the power of absolution, it will 
 continue essential to the peace of a Pro- 
 testant state, to forbid the publick incul- 
 cation of their principles. 
 
 And, that Another prominent feature of the 
 
 no faith 
 
 should be Romish religion is, the doctrine, that 
 
 kept With . o ^ 
 
 hereticks. ,, ^^ ^^-^^ ^^^^j^ ^^ ^^^^ ^-^j^ hcrCticks. " 
 
 The language of the Council of Constance 
 runs thus; "Nee aliqua sibi fides aut 
 " promissio de jure naturali, divino et hu- 
 ^ " mano fuerit in pr^judicium CatholiccC 
 " Fidei observanda." Hence we infer, 
 
 that 
 
TO RELIGIOUS TOLERATION. 67 
 
 that no Protestant government can have essay il 
 any security for the obedience of those 
 subjects, who are members of the Papal 
 Church. It is a fundamental article of 
 their creed: it has been sanctioned by 
 their most celebrated Councils^: it has 
 been acted upon, whenever interest con- 
 curred with opportunity to render it 
 political^: it has been avowed, through 
 many ages, as a grand article of their 
 faith. Hence, in the opinion of a Papist, 
 it must be considered entirely to disannul 
 the obligation of word or oath, when the 
 contracting parties are Protestant on the 
 one side, and Roman Catholick on the 
 other. 
 
 But further : in coincidence with the aiso, that 
 
 the end 
 
 two particulars already named, there is a sanctifies 
 
 the means, 
 
 third leading tenet of their faith, which is 
 
 equally 
 
 (1) See Note XL (2) See Note XII. 
 
 F 2 
 
08 ' SPECIFICK LIMITATIONS 
 
 ^11^13' ^q^^lly subversive of all good order in 
 society. 
 
 The Papist maintains, that the end 
 sanctifies the means; and, particularly, 
 when the good of the church is the 
 avowed end to be answered ; even though 
 the means be of the most base and atro- 
 cious nature. This sentiment would 
 accommodate itself to sanction the most 
 foul depredations upon the property, or 
 criminal attempts upon the lives, of indi- 
 viduals ; or to applaud the subversion of 
 a Protestant government, if another might 
 be erected upon its ruins, which would 
 render implicit obedience to his infallible 
 Holiness, the Bishop of Rome. 
 
 Baneful ef- Romauists arc also dangerous to a 
 
 fects arising 
 
 Protestant state, in consequence of that 
 unbounded influence which their priests 
 obtain over the consciences of the laity. 
 Through the medium of auricular con- 
 fession. 
 
 from auri- 
 cular con- 
 fession : 
 
TO RELIGIOUS TOLERATION. 69 
 
 fession. Popish priests acquire a specifick ^^^ "• 
 knowledge of the predominant inchna- 
 tion of their confessing penitents ; and, in 
 granting absolution, they possess an op- 
 portunity of imparting a powerful bias 
 to the minds of those persons, who con- 
 fide in them as their spiritual guides. 
 Every member of the Romish communion 
 is required to practise auricular confes- 
 sion, and, in that act, to disclose both 
 the sins which afflict his conscience, and 
 the principles which govern his conduct. 
 By this developement of the designs 
 which are forming in the breasts of all 
 within their community, the confessors 
 are entrusted with every secret of mag- 
 nitude and importance ; and, hence, 
 they possess the means of directing the 
 prejudices of their devotees, to the 
 furtherance of their own ambitious or 
 malignant designs. 
 
 It 
 
St'ECIFICK LIMITATIONS 
 
 It mast be obvious to every impartial 
 -inting'" observer, that, v^hile priests of the 
 'aHd\£du- Romish communion obtain the entire 
 
 tion. 
 
 confidence of their laity, and are entrust- 
 ed by them with the most delicate and 
 important secrets, they must acquire an 
 almost unlimited degree of influence over 
 the consciences of those, who profess the 
 Catholick faith. The grants both of in- 
 dulgence and absolution are calculated to 
 cherish veneration for the person of the 
 priest, as a man of peculiar sanctity, and 
 to induce a ready compliance with every 
 thing that he enjoins. 
 the exorti- This prlcstly influence over conscience 
 
 tant influ- 
 ence of the is eminently danperous to a Protestant 
 
 Tin est s. *> *~> 
 
 state, both from the facility which it 
 presents for the dissemination of seditious 
 projects without opposition, and the 
 secrecy which it imposes upon all who 
 are received into a conspiracy. 
 
 Of 
 
 priests. 
 
TO RELIGIOUS TOLERATION. 71 
 
 Of the pernicious tendency of this in- 
 
 ESSAY 11. 
 
 fluence, our ancestors had numerous and i^^^f^His^. 
 memorable proofs^ in the various plots E^ngiandt 
 which were concerted against the state, 
 during the reigns of James the First, 
 Charles the Second, and William the Third. 
 Although the projects of the various 
 conspirators tended to the entire sub- 
 version of the government, and many 
 Papists were in possession of the secret, 
 yet the influence of the priests over 
 the consciences of these Papists was so 
 absolute, that the plots were not dis- 
 closed by the treachery of the parties 
 who formed the collusion, but were 
 generally developed by some adventitious 
 circumstance, which seemed to occur by 
 the particular interposition of Provi- 
 dence. 
 
 The successive rebellions and massa- ^n the His- 
 tory of Ire- 
 
 cres in Ireland, during two centuries, are 
 
 land. 
 
 equalh 
 
 V 
 
72 ' SPECIFICK LIMITATIONS 
 
 Ess AYii. equally convincing proofs of the absolute 
 influence of Romish priests over the 
 consciences and actions of the laitv. In 
 some of those fatal conspiracies, many 
 hundred persons v^ere entrusted with the 
 secret designs of the party, yet those 
 designs remained concealed ; and the 
 Papists, to render the accomplishment of 
 their sanguinary purposes more certain, 
 frequently visited the Protestants at their 
 own houses, and continued to express the 
 greatest possible friendship towards them, 
 till the arrival of an appointed day, when 
 they were to be massacred, without 
 regard to age, sex, rank, or relative con- 
 nexion. 
 
 Also in the If ^e rccur to the conduct of the 
 
 History of 
 
 France. Frcnch Catholicks, prior to the fatal eve 
 of Saint Bartholomew, we shall discover 
 that Popery will sanction every kind of 
 duplicity, to promote the designs of the 
 
 church 
 
TO RELIGIOUS TOLERATION. 73 
 
 church in the extirpation of hereticks ; essay ii. 
 and is capable of imposing the most 
 profound secrecy upon many thousands 
 of persons, engaged in the execution of 
 its diaboUcal machinations. The history 
 of the Parisian massacre is generally 
 known ; and it is only necessary here to 
 observe, that at a period when all ranks 
 of Protestants, from their princes to the 
 peasantry, considered hostilities at an end, 
 and were engaged in celebrating the 
 nuptials of a Protestant prince with a 
 Catholick princess, they were surprised 
 at midnight by the tolling of a bell in the 
 Louvre, which, it appeared, was the signal 
 for their immediate slaughter, and for 
 the extirpation of the Protestant faith 
 throughout the French King's dominions. 
 Although the nature of this sanguinary 
 project, and even the day for its perpe- 
 tration, with the particular signal for the 
 
 commence- 
 
74 SPECIFICK LIMITATIONS 
 
 Essay II. commencement of its execution, were 
 generally known among the Papists, they 
 retained the secret inviolable within 
 their own breasts, and even assumed 
 every possible appearance of amity, to 
 acquire the confidence of the Protes- 
 tants ^ 
 
 Thus we are furnished by history wdth 
 the most indubitable proofs, that the 
 influence, which Romish priests have the 
 means of exercising over the minds of 
 all within the pale of their communion, 
 may prove highly , injurious, and even 
 destructive to a Protestant state, if the 
 publick inculcation of Roman- Catholick 
 tenets be not restrained by specifick 
 limitations. 
 
 Popery pro- j^ is also uo inconsidcrablc obiection 
 
 duces a san- •^ 
 
 spirlt7 ^^ ^^^ ^^^^ toleration of the Romanists, 
 
 that 
 
 (1) See Note XIII. 
 
TO RELIGIOUS TOLERATION. 75 
 
 that the constitutional bigotry of their ^^yii. 
 faith necessarily tends to render its pro- 
 fessors both sanguinary and obdurate. 
 While they are taught to regard all, who 
 are not within the pale of the Papal com- 
 munion, as inevitably doomed to ever- 
 lastinp- misery, their hearts must become 
 callous to the tender sympathies of nature. 
 As the extirpation of hereticks is incul- 
 cated with enthusiastick zeal, both by 
 the menacing bulls of the Popes, and the 
 grave decrees of general Councils^, it is 
 impossible for those, who are governed 
 by these acknowledged criteria of their 
 faith, to esteem a heretical neighbour as 
 a good member of the community, or 
 worthy of the common regards of a fellow 
 citizen. Popery enjoins fathers to disin- i>estroys 
 
 ^ -I '^ natural 
 
 herit their heretical children, and professes ^^^^^'*'"' 
 
 to 
 
 (2) See the Fourth Lateran Council, and the Council 
 of Constance. 
 
76 SPECIFICK LIMITATIONS 
 
 Essay ii. to absolvc children from the duties they 
 owe to the authors of their being. It 
 nullifies every relative obligation in the 
 breasts of those who are allied to the 
 supposed heretick, and pronounces every 
 act of hostility against him highly meri- 
 torious. Hence we are furnished with 
 a clew to the origin of that uniform spirit 
 of persecution, which has marked in lines 
 of blood the baneful progress of Popery, 
 from its first assumption of secular power, 
 till the recent and memorable crisis when 
 that power was annihilated. 
 
 Testimony Dr. Gcddcs, iu his valuable miscella- 
 
 of 
 
 Dr.Geddes. ncous tracts ^ after describing the horrors 
 of Sin Act of Faith in the city of Lisbon, 
 testifies, that ^^ it is beheld, by people of 
 '' both sexes, and all ages, with such 
 '' transports of joy and satisfaction, as 
 
 '' are 
 
 (1) Vol. I. page 450. 
 
TO RELIGIOUS TOLERATION. 11 
 
 '' are not on any other occasion to be ^f^fliJ* 
 
 *' met with:" — but, *' that the reader may 
 
 ^^ not think that this inhuman joy is the 
 
 '^ eiFect of a natural cruelty in these 
 
 '' people's disposition, and not of the 
 
 '' spirit of their religion, he may rest 
 
 " assured, that all publick malefactors, 
 
 " besides hereticks, have their violent 
 
 '' deaths no v^here more tenderly lament- 
 
 '' ed than amongst the same people, and 
 
 "" even when there is nothing in the 
 
 *' manner of their deaths that appears 
 
 '' inhuman or cruel." 
 
 In a word, whether we recur to the 
 decrees of general Councils, to the bulls 
 of the Popes, to the oaths imposed on 
 Roman-Catholick sovereigns, to the con- 
 duct of the Inquisitions, to the manner 
 of celebrating their Acts of Faith, or to 
 the uniform conduct of Catholick states 
 towards all whom they denominate 
 
 hereticks, 
 
78 SPECIFICK LIMITATIOJCS 
 
 Essay ii. hercticks, we shall discover^ in the hearts 
 of Romanists, such a degree of sanguinary 
 pleasure in the infliction of tortures upon 
 the excommunicated, as could not exist, 
 in any civilized nation, if it were not the 
 result of principle. 
 
 This statement of objections to the 
 full toleration or emancipation of the Ca- 
 tholicks, embraces two principal sources 
 of argument, the validity of which I 
 must maintain, in opposition to the many 
 eloquent appeals that have been made to 
 the British publick, by the advocates of 
 the Papal cause. First, the general spirit 
 of Popery is hostile to the existence of 
 a Protestant state : and, secondly, the 
 sentiments and doctrines of the Catholick 
 faith are such, as must for ever preclude 
 the union of Protestants and Papists in 
 the same community. 
 
 Plc-ds of 
 
 modern It may bc objected, that the Catho- 
 
 licks 
 
TO RELIGIOUS TOLERATION, 79 
 
 licks of the present day^ though they essay ii. 
 admit that such were the sentiments 
 and the spirit of their predecessors^ do 
 not hold such sentiments^ nor breathe 
 such a spirit. But, I reply^ the legisla- 
 ture of our country can recomize only These not 
 
 •^ ^ -^ to be ad^ 
 
 the official documents of the Catholick "^^^^^^• 
 faith, and can regulate their opinion of 
 its spirit and tendency only by the effects 
 it has produced in preceding ages. No 
 regular nor authorized recantation of the 
 sentiments I have attributed to them has 
 ever taken place ; nor do the Catholicks 
 of the present day pretend to nullify the 
 decisions of former Councils, or dis- 
 approve of the spirit those Councils 
 manifested. On the contrary, the op- 
 position of the Catholicks to all other 
 Christian associations, their union to the 
 See of Rome, and their veneration for 
 the ecclesiastical authority of the Pope, 
 
 continue 
 
80 SPECIFICK LIMITATIONS 
 
 ^^■^- cOntintie unaltered. These are not bare 
 assertions. If we are to depend upon the 
 highest authorities among them, we have 
 very little reason to hope that the pre- 
 sent generation of Catholicks would keep 
 their faith with hereticks better than 
 their forefathers. The affair of the Veto, 
 the meeting of the fourteenth of Septem- 
 ber eighteen hundred and eighty and 
 Dr. INIilner's subsequent declaration, do 
 not encourage the most sanguine expec- 
 tations on this head. 
 
 The obnox- Furthcr: the decisions of their Councils 
 
 ious doc- 
 
 fuiHorTe. ^gainst hereticks continue in full force. 
 '' We excommunicate," says the bull 
 recited in the Passion Week, '' and curse, 
 ^' all Hussites, Lutherans, Zwinglians, 
 ^' Calvinists, Hugonots, and hereticks, 
 '* and whosoever shall receive, defend, or 
 
 *^ favour 
 
 (1) See Irish Mag. Sept ISOp. 
 
TO RELIGIOUS TOLERATION. 81 
 
 *' favour them." The authority of the ^(^iJ^' 
 Lateran Councils, the Councils of Con- 
 stance, and of Trent, so far from being 
 denied, is still fully asserted. A recent 
 advocate of their cause expresses himself 
 thus: '' If any one says, or pretends to 
 *' insinuate, that the modern Roman 
 *' Catholicks, who are the objects of the 
 " late bounty of Parliament, differ, in one 
 ** iota, from their predecessors, he is 
 " either deceived himself, or he wishes to 
 '^ deceive others. ^ Semper eadem is no 
 " less emphatically descriptive of our re- 
 '' ligion, than of our jurisprudence^." 
 
 The Council held in the year twelve 
 hundred and fifteen, w^hich declares the 
 power of the Pope to depose kings, absolve 
 subjects from their allegiance, and give 
 away their kingdoms, is acknowledged by 
 
 the 
 
 (2) See " The Case stated;' by Mr. Plowden. 
 
82 SPECIFICK LIMITATION'S 
 
 EssAYii. the highest Roman-CathoUck authorities. 
 It is hence easy to infer, what must be 
 the nature of that coaUtion, -which could 
 subsist between Protestants and Papists, 
 and of what fragile materials the bond of 
 their imion must be composed. 
 
 The spirit The spirit I have attributed to Papal 
 
 of the sy- 
 stem im- Catholicism, is still the spirit, at least in 
 
 chang'ed. 
 
 a great measure, of the bulk of Romanists. 
 We have not, in the history of our sister 
 kingdom, seen any reason to conclude, 
 that the intolerance of former generations 
 is, in any considerable degree, softened 
 or abated. What the Protestants have 
 suffered from the Catholicks, in the suc- 
 cessive rebellions and massacres in Ire- 
 land, would exceed belief, were it not 
 established upon the most incontestable 
 evidence. The disposition to extirpate 
 hereticks, and destroy every other form 
 of religion, pervades the whole system of 
 
 Popery, 
 
TO RELIGIOUS TOLERATION. 83 
 
 Popery, and never fails to display itself, essayii. 
 whenever a suitable opportunity occjurs^ 
 
 It is true, indeed, that the Roman The secular 
 
 power of 
 
 Catholicks now profess to disown the ^^^,^.%^^ 
 secular authority of his Holiness, the ritual ^1^ 
 
 maintained. 
 
 Bishop of Rome, and therefore pretend, 
 that they are capable of yielding full 
 submission to the authority of a Protes- 
 tant sovereign. But this cannot be ad- 
 mitted as a valid plea for their entire 
 emancipation, since that power has been 
 acknowledged and submitted to in every 
 age since it w^as first assumed ; and we 
 have no pledge that it will not be again 
 arrogated to their spiritual head, when- 
 ever it may be done with effect. The 
 spiritual power of the pontiff is still ac- 
 knowledged in its full extent, and his 
 
 fight 
 
 (l) See Sir R. Musgrave's History of the Rebellion, passim. 
 G 2 
 
84 SPECIFICK LIMITATIONS 
 
 EssA Yii. right in the nomination of the dignitaries 
 of their church is still zealously maintain- 
 ed : the decrees of their general Councils, 
 though on some occasions disputed and 
 disowned, have been resorted to when- 
 ever opportunity seemed to suggest the 
 expediency of the measure : and, hence, 
 it is easy to conclude by what species of 
 allegiance such subjects would be bound 
 to a Protestant government. 
 
 Theconces- Jf thc statcmcut I havc piven of the 
 
 sions of ^ 
 
 cathoiicks doctrines of the Cathohcks be correct, it 
 
 may, or may ' 
 
 cere. ^ '"' must bc luanifcst, that, from the laxity of 
 these doctrines, and the unaltered spirit 
 of their professors, we have no security 
 that w ill bind the great bulk of the Ca- 
 thoiicks. On the other hand, present 
 concessions may be suggested, by the 
 anxiety of their leaders, to carry a favourite 
 project, ^vith the concealed design to re- 
 voke all their concessions, w henever the 
 
 balance 
 
TO RELIGIOUS TOLERATION. 85 
 
 balance of power may preponderate on ^^say ii. 
 their side. 
 
 Were the Cathohcks even wiUinp; to upon what 
 
 ~ ground 
 
 make much greater concessions than ctsg[o^7' 
 they have hitherto made, these conces- muted.^ 
 sions could not be received, by a Protes- 
 tant state, as valid, unless sanctioned by 
 an authority as high, in the estimation of 
 Romanists, as that which first established 
 the principles against which we except. 
 These principles were originally esta- 
 blished by general Councils ; and, as the 
 present political state of Europe does not 
 allow the convention of such a Council, 
 to reconsider or to correct the articles of 
 their faith, Catholicks should be content 
 to wait a rhore favourable opportunity. 
 For, if the decisions of former Councils 
 be not superseded or rescinded, and the 
 Catholicks absolved from their obedience, 
 by as high an authority as that which 
 
 established 
 
B6 specifick limitations 
 
 ^wL3' established these articles of faith, they 
 might, at any suitable period, recur to the 
 old trick of the Dom'unum alt am, 
 
 Twoprinci- Udou thc wholc, thcH, if tranquillity 
 
 ciples only 
 
 thryc'Ia'be ^^^e rcstorcd to Europe, there would 
 
 emanci- . i ^ . r 
 
 pated. remain two, and only two means tor 
 
 effecting the complete emancipation of 
 the English and Irish Catholicks. First, 
 by convening a general Council of the 
 highest authorities of their universal 
 church, to cancel those decrees of former 
 Councils, which are found to be inimical 
 to the peace and prosperity of Protestant 
 communities : or. Secondly, if the con- 
 vention of such an assembly be found 
 impracticable, or if the object for which 
 it should be convened cannot be effected, 
 it then remains for the Catholicks of this 
 kingdom to separate themselves alto- 
 gether from the spiritual dominion of the 
 foreign authorities of their church, and, 
 
 by 
 
TO RELIGIOUS TOLERATION. 
 
 by one general act of secession, to absolve 
 themselves from all obligation to those 
 obnoxious doctrines, which, as long as 
 they are professed, ougl^ to exclude every 
 Catholick from the full enjoyment of the 
 privileges of British subjects. 
 
 As these are some of the distinguish- 
 ing traits of the Roman-Catholick faith, 
 they present insurmountable objections 
 against permitting individuals of that 
 community, unreservedly, to disseminate 
 their principles. 
 
 As a decided enemy to persecution, 
 and every species of intolerance, I should 
 feel happy to see a Protestant Dissenter, 
 a Roman Catholick, a Mohammedan, and 
 a Jev7, alike permitted the free exercise 
 of their religion, and tolerated to propa- 
 gate their sentiments according to the 
 dictates of conscience; leaving it with 
 God, alone, to defend and to prosper the 
 
 cause 
 
 Essay II. 
 
88 SPECIFICK LIMITATIONS 
 
 Essay II. causc of Truth, whcrcver it may be 
 found. But, when religious sentiments 
 have a political bearing, and those very 
 sentiments have been repeatedly conver- 
 ted into an engine for the subversion of 
 civil government, it becomes essential to 
 the well-being of the state, to erect a 
 strong barrier against the future efforts of 
 those who profess sentiments so inimical 
 to the very being of a Protestant state. 
 If Roman Catholicks do not esteem their 
 oaths sacred; if they can obtain absolu- 
 tion for any sin ; if they keep no faith 
 with hereticks ; if the good of their 
 church will sanctify the most foul means 
 of advancing its interests; it immediately 
 becomes a necessary part of the policy of 
 a Protestant government to forbid the 
 promulgation of their religion, except 
 Under what uudcr ccrtaiu limitations. If the existence 
 
 limitations 
 
 ikk^wd ^^ Popish chapels be permitted, and 
 
 tett<4i. • ■ 
 
 priests 
 
TO RELIGIOUS TOLERATION. SQ 
 
 priests be allowed to officiate, it should Essayjq 
 be, by the licence of the Civil magistrate, 
 under a covenant, that none of these 
 exceptionable doctrines should be taught ; 
 or, if the doctrine of absolution be incul- 
 cated, that no absolution shall be granted 
 for any crimes inimical to the state. The 
 persons thus allowed, by licence, to teach 
 the precepts of their faith, and perform 
 the ceremonies of the Romish church, 
 should be banished the realm for ever, 
 if they presumed to teach those principles, 
 upon which they had covenanted to be 
 silent. Again : a Papist schoolmaster 
 should be licensed under the same re- 
 strictions with the officiating priest ; but 
 with the annexed condition, that no child 
 of Protestant parents should be received 
 into his school. 
 
 These limitations to toleration may ap- 
 pear harsh and unjustifiable, when viewed 
 
 in 
 
go LIMITATIONS TO RELIGIOUS TOLERATION. 
 
 es^ayii. in relation to religious principle alone; 
 since conscience is accountable to none, 
 but Jehovah himself. But, surely, it is 
 not intolerance, to suppress those princi- 
 ples, which inevitably tend to destroy the 
 well-being of the community! When 
 religion is prostituted to political pur- 
 poses ; when the essential articles of any 
 man's creed, involve in destruction the 
 dearest interests of his fellow subjects, 
 and sap those foundations upon which 
 the edijfice of civil government is built ; 
 it becomes the province of rulers, to 
 counteract, or suppress, by coercive 
 means, the effect of principles so hostile 
 to the state. 
 
01 
 
 Essay III. 
 
 ON ELIGIBILITY TO OFFICES OF PUBLIC K TRUST. 
 
 ** When the righteous are in authority, the people rejoice : but 
 Mhen the wicked beareth rule, the people mourn." 
 
 Solomon. 
 
 Xjy ofnces of publick trust, I intend essay m. 
 judicial and parliamentary offices, offices DefinitioQ. 
 of state, military and naval commissions, 
 parochial and borough offices. This gene- 
 ral definition of offices of trust includes 
 both those which are voluntary, and 
 those vv^hich are involuntary. This di- 
 stinction the laws have recognised ; 
 hence, those departments of official trust, 
 which are hedged in, by exceptions against 
 
 any 
 
Q2 ON ELIGIBILITY TO 
 
 Essay III. any particular description of persons, 
 should be, in their nature, purely volun- 
 tary ; for, to attach a fine to the person 
 who refuses to execute the duties of 
 an office, and yet to exclude him from 
 that office, by requisitions with which 
 he cannot, in conscience, comply, is a 
 direct invasion of the right of private 
 judgement. In the present essay, there- 
 fore, I wish to be understood as speaking 
 of those departments of trust which are 
 purely voluntary. 
 
 Division of jj^ discussing this article, I purpose 
 to consider. First, what circumstances 
 constitute a subject ineligible for offices 
 of trust ; and, vSecondly, the specifick 
 parties admitted and rejected, with rea- 
 sons for each decision. 
 
 ineliorible. 
 
 What ren- J. What ai'c thc circumstauccs which 
 
 ders a man 
 
 constitute a subject ineligible to offices of 
 
 trust ? 
 
 That 
 
OFFICES OF PUBLICK TRUST. Q3 
 
 That even men of talent should not be essay hi. 
 admitted into offices of publick trust, 
 indiscriminately, is a sentiment in which 
 no man of prudence would refuse to 
 concur. The prosperity of the whole 
 community is intimately connected with 
 the manner in which the duties of 
 publick offices are discharged. It is, 
 therefore, of high importance to all 
 classes in society, that only such per- 
 sons be admitted to fill up the depart- 
 ments of official trust, as are unexcep- 
 tionable, under either of the following 
 causes of incapacity. 
 
 Natural incapacity. — The native of a Natural in- 
 capacity. 
 foreign country is an alien in Britain, as Alienation. 
 
 long as he lives, except the legislature, 
 
 from any consideration of his importance 
 
 to the state, perform upon him the act 
 
 of Naturalization^ : consequently, he is 
 
 incapable 
 
 (1) See Note XIV. 
 
should be 
 considered 
 an alien. 
 
 94 ON ELIGIBILITY TO 
 
 EssAYiii. incapable of enjoying many privileges, 
 which are the birth-right of a natural 
 subject : and, doubtless, this incapacity 
 should extend to the character in ques- 
 
 whya tion. A man, born and educated in a 
 
 foreig^ner 
 
 foreign country, may reasonably be ex- 
 pected to retain a strong predilection for 
 the place of his nativity, for the laws 
 under which he received his early im- 
 pressions of the nature of civil society, 
 for the particular habits in which he was 
 educated, and for the government under 
 which his first principles were formed. 
 Surely, it would not be safe to intro- 
 duce a man of this description into any 
 office of trust, under a government 
 ^which must necessarily vie\v him as an 
 alien. He could not act with decision 
 against his own country and his sove- 
 reign : he could not, conscientiously, 
 promote the welfare of the government 
 
 under 
 
OFFICES OF PUBLICK TRUST. 95 
 
 under which he Uved, if its interests ^^^"^* 
 appeared, in any degree, to clash with 
 those of his native land : he would have 
 many temptations, to receive bribes from 
 his own government, and betray the secrets 
 of that, under which he was serving : 
 perhaps these motives would be strength- 
 ened by his relative connexions, and the 
 facility with which he might convey 
 clandestine intelligence ; and all would 
 appear to receive a general sanction from 
 the claims of his natural Prince, who 
 would still assert an indefeasible right 
 over his person and services. All these 
 circumstances concur, to render the man, 
 in whom they centre, naturally incapable 
 of filling any office of responsibilitv. 
 
 Criminal incapacity. — He, who has Criminal 
 
 incapacity, 
 
 egregiously transgressed the laws of his 
 country, and has incurred their penalties, 
 is not worthy of the confidence either of 
 
 his 
 
qQ ®n eligibility to 
 
 Es^Y^i. his sovereign or his fellow citizens. But 
 this description of incapacity should be 
 determined by the circumstance of having 
 incurred, and being immediately under, 
 the infliction of legal penalties : because, 
 prior to sentence being given, every man 
 is considered innocent in the eye of the 
 law, which does not anticipate a ver- 
 dict to the injury of the party impeached. 
 Perhaps the distinction generally ad- 
 mitted, between the nature of civil and 
 criminal^ prosecutions, may sufficiently 
 define what crimes should constitute a 
 member of the community incapable 
 
 Reasons for of publick confidcnce. All those crimes^ 
 
 criminal 
 
 incapacity, ^hic^ arc subjcct to thc Criminal juris- 
 diction of the magistrate, are marks of 
 gross depravity in the individual by 
 whom they are perpetrated ; and, con- 
 sequently, 
 
 (1) See Nate XV. 
 
OFFICES OF PUBLICK TRUST. Q7 
 
 sequently, ought to exclude him from essay iii. 
 situations of emolument, and particu- 
 larly of trust, in the various departments 
 already enumerated. 
 
 A question may here arise, upon the Pfsons 
 
 A "^ -»- who are 
 
 expediency of admitting those to be from'the 
 eligible, who have once forfeited publick exleption- 
 
 abie. 
 
 confidence, but have endured the penalties 
 annexed to their crimes, or have experi- 
 enced the Royal clemency. I conceive, 
 that persons of both these descriptions 
 should be admitted to a full participation 
 of the rights of their fellow subjects. 
 Far be it from me to plead the cause of 
 vice, or intercede with the publick for the 
 vicious of mankind ; but, from the fol- 
 lowing considerations, the sentiment ap- 
 pears to be dictated by impartial justice. 
 Those, who have endured the penalty of To reject 
 
 them would 
 
 the law, have already rendered that "^J'^^tiyex- 
 
 •/ tena their 
 
 satisfaction which society demanded; ^ent!" 
 
 H and, 
 
98 ON ELIGIBILITY TO 
 
 Essay III. and^ to perpctuatc their incapacity to 
 fill any office of trust, after the prescribed 
 legal penalty has expired, would be, to 
 specify a limited punishment, and yet, 
 ultimately, to abrogate the limitation, 
 and render it permanent. Again : as 
 one grand end of all coercion, which 
 does not affect the life of the party, is, 
 to correct his vicious disposition, and 
 make him, in future, a good member of 
 society, it would be absurd to perpetuate 
 his incapacity ; since that would pre- 
 suppose that the express object of the 
 law is uniformly defeated. 
 On the He^, to whom the Royal clemency has 
 
 clemency. ]^qqyi extcndcd, should also be received 
 as a reputable member of the commu- 
 nity; for, to perpetuate his disgrace, 
 would be an oblique reflection upon those 
 laws which vest the dispensing power 
 in the hands of the sovereign. It is 
 
 committed 
 
OFFICES OF PUBLICK TRUST. 99 
 
 committed into the hands of the supreme essayki. 
 magistrate, that, by his wisdom, he may what end 
 
 it should 
 
 supply those deficiencies which unavoid- answer. 
 ably exist in all general laws, and to 
 meet all those cases, which the legis- 
 lature intended as exceptions, but could 
 not precisely anticipated Yet, while 
 these remarks are designed to prove the 
 equity of constituting such persons eli- 
 gible, it will still remain in the breast of 
 the people to elect, or the sovereign to 
 nominate, to publick offices ; and, per- 
 haps, it would be an act of wisdom, in 
 each party, generally to select those to 
 whose characters no foul imputation has 
 been affixed. But, upon this subject 
 I forbear to enlarge, as the professed 
 object of this work is, to point out the 
 just principles upon which eligibility to 
 offices of trust should depend, and the 
 
 equitable 
 
 (1) See Note XVI. 
 H 2 
 
100 ON ELIGIBILIXr TO 
 
 Essay III. equitable boundaries to incapacity for 
 such offices, so far as religious liberty 
 is involved. 
 
 sentimen- Sentimental incapacity. — The imine- 
 
 tal iucapa- *^ 
 
 "^>'' diate subject of inquiry now is, what 
 
 religious principles constitute a sufficient 
 ground of sentimental incapacity ? 
 
 Those that First I thosc w'hich are incompatible 
 
 are mcom- ^ 
 
 thetfficr.^^ with the particular duties of the office 
 in question. 
 
 It ^vould be highly absurd to nominate 
 an advocate for the jus divinum, and 
 the doctrine of non-resistance, to the 
 office of representative of the people in 
 an English House of Commons ; or a 
 Quaker, as generalissimo of the military 
 forces. It would be folly in the abstract, 
 to appoint a Protestant, or a Jev^, to the 
 office of Grand Inquisitor in Portugal; 
 or, to create a Mohammedan, Chief 
 Justice in an English court of judicature. 
 The principles of the men would clash 
 
 with 
 
OFFICES OF PUBLICK TRUST. 101 
 
 with the necessary duties of the ofRce, essay m. 
 and immediately obstruct the course of 
 pubhck business. 
 
 Secondly: those which are inimical Those that 
 
 ^ are mimical 
 
 to the principles of the constitution. to the state. 
 
 It is a fundamental article of the 
 British constitution, that no Roman- 
 Catholick prince shall ascend the throne*: 
 and hence the law, with manifest pro- 
 priety, further excludes all persons of 
 that community from offices of trust in 
 the state ; as they could not, with con- 
 sistency, acquiesce in this grand article ; 
 and as their principles also absolve 
 them from allegiance to any but a Ca- 
 tholick sovereign. The nonjuror main- 
 tains the divine right of kings, ^th the 
 doctrine of non-resistance ; and, under 
 the pretext that the House of Stuart was 
 unjustly deposed, refuses to swear' faith 
 
 and 
 
 (1) See Note XVII. 
 
102 ON ELIGIBILITY TO 
 
 E^AY III. and obedience to the House of Hanover : 
 thus he avows his hostility to the radical 
 principles of English law, and erects 
 against himself an insurmountable barrier, 
 in the high road to honorary stations^ 
 and offices of national confidence. And, 
 in all cases where the radical principles 
 of the constitution, and the religious 
 principles of a candidate for office, are at 
 variance, as the constitution is perma- 
 nent and absolute ^ the candidate for 
 office must relinquish his pretensions. 
 
 Those that Thirdly : those which, in their nature, 
 
 do not ad- 
 
 mitofsecu- Jq not admit of security for the con- 
 
 rity to the *' 
 
 ^^^^^' scientious discharge of official duties. 
 
 The community, or the sovereign, in 
 appointing men to offices of trust, attach 
 responsibility to the persons, who are 
 thus invested v^ith power, and hold them 
 accountable to the laws for the use or 
 
 abuse 
 
 (1) See Note XVIIL 
 
OFFICES OF PUBLICK TRUST. 103 
 
 abuse of the confidence reposed in their essay iii. 
 integrity; and, if responsibiUty be at- 
 tached to persons who fill offices of trust, 
 some security is necessary, as a pledge 
 for their faithful discharge of every duty. 
 Upon this principle, it is required of 
 publick officers, when they are inducted, 
 to take a prescribed oath, as a solemn 
 pledge to the community, of their resolu- 
 tion to fulfil, with diligence and fidelity, 
 the duties which devolve upon them. 
 Consequently, those who profess senti- 
 ments that withdraw from society the 
 required pledge of their faithfulness, 
 ought not to be considered eligible. 
 
 , II. I now proceed to shew the spe- description 
 
 of persons 
 
 cifick parties who are rejected, and those ^^^^J^'''" 
 who remain eligible, under the prelimi- 
 naries expressed in the last head, upon 
 sentimental disqualification. 
 
 Some 
 
] 04 OJJC ELIGIBILITY TO 
 
 E^^^y^J?' Some thought^, which naturally occur 
 under this head^ have been partially anti- 
 cipated, for the illustration of the prece- 
 ding remarks ; but, as they have not 
 been sufficiently amplified, it will not 
 appear tautological, to introduce them in 
 their proper order, as the grounds of 
 capacity and incapacity in the several 
 characters to be enumerated* 
 
 Atheists The Atheist and the Deist are subject to 
 
 and Deists. 
 
 precisely the same objections, when they 
 appear as candidates for office, as when 
 brought to give evidence in a court of 
 judicature : their oaths are invalidated 
 by the profaneness of their creed ; and, 
 w^ere such persons admitted into offices 
 of trust, in any of the departments spe- 
 cified in the early part of this essay, 
 neither the monarch, nor the people, 
 could have any security for the regular 
 and conscientious discharge of their re- 
 spective 
 
OFFICES OF PUBLICK TRUST* 105 
 
 spective duties. As their principles strike essay hi. 
 at the root of all morality, by withdraw- Reasons for 
 
 ^ ^ , rejecting 
 
 mg the grand sanction or future rewards ; them. 
 
 as they ultimately promote vice of every 
 
 kind, by relieving conscience from the 
 
 fear of everlasting punishment; they 
 
 cannot offer any security to society against 
 
 the presumptive consequences of those 
 
 temptations, to which their particular 
 
 offices might expose them. The judge conse- 
 quences of 
 
 mipht endeavour to bias the minds of the ^l"^;"" p"^" 
 
 ^ ciples. 
 
 jurors in a cause where some opulent 
 friend was implicated : the honourable 
 member of the House of Commons 
 might vote contrary to the decision of his 
 own judgement, to gratify a party, or 
 obtain personal advantage : the officer in 
 some state department might embezzle 
 the publick money, or prove delinquent 
 under various other forms of trespass : 
 and the military or naval commander, or 
 
 even 
 
106 ON ELIGIBILITY TO 
 
 Essay III. even inferior officer, might receive bribes 
 from the enemy, to betray the confidence 
 reposed in him, and ruin an army, the 
 navy, or the nation, by his perfidy. Yet 
 none of these transactions would be in- 
 consistent with the principles of men, who 
 reject the code of Divine laws, and remain 
 destitute of any other criterion of action 
 than their own will, or any other stimulus 
 to act than a principle of self-interest. 
 The Jew. ^ Jq^ should uot bc admitted into 
 
 offices of trust, for three very conclusive 
 reasons. 
 He is an First : his religious principles consti- 
 
 tute him an alien. 
 
 Every Jew considers himself united, 
 by the ties of consanguinity, to all who 
 profess the Jewish faith over the whole 
 globe ; and thus their religious principles 
 become an immutable bond of union 
 among them, as a political body. They 
 
 do 
 
OFFICES OF PUBLICK TRUST. 
 
 107 
 
 them a di- 
 stinct na- 
 tion. 
 
 do not intermarry with the famihes of es^yhi. 
 their fellow subjects ; and, hence, as a 
 nation, they are incapable of being incor- 
 porated with the natives and freemen of 
 the country in which they reside. Cir- circum- 
 
 •^ *' cision keeps 
 
 cumcision appears to be the chief distinc- 
 tion between the Jew and his neighbour. 
 By perpetuating this rite, they ha.ve 
 known from age to age who were the 
 descendants of their common father; and 
 by refraining from marriage with Gentile 
 nations, they have remained, to the pre- 
 sent time, a distinct people in all parts of 
 the world. A Jew is consequently a 
 member of the Jewish nation, whether 
 he was born in Britain, in China, or at 
 the antipodes of either; and, as a member 
 of that community, he must remain an 
 alien in every nation under heaven. 
 
 Secondly : as a necessary consequence 
 of this general alienation among all 
 
 people. 
 
108 ON ELIGIBILITY TO 
 
 Essay 111. peoplc^ the Jcws havc no permanent 
 
 residence. 
 Not attach- Thev are a commercial nation; and, 
 
 ed to any "^ 
 
 non. '''"'' having neither manufacturing business 
 nor landed property, to fix their residence 
 on any local spot, they can transport 
 themselves, with all their property, from 
 one country to another, without any 
 serious loss or inconvenience : this is 
 yet more facilitated by their numerous 
 connexions in most parts of the world : 
 and it would be little less than exciting 
 fraud, to nominate to offices of trust 
 those who have eminent means of eluding 
 publick justice, when they become de- 
 linquents. And, 
 
 Expects to Thirdly : the future restoration of 
 
 remove into 
 
 judea. their nation to the possession of Palestine 
 is a leading article of the Jewish faith. 
 
 Probably that period will arrive ; but it 
 would be dangerous to give into their 
 
 hands 
 
OFFICES OF PUBLICK TRUST. lOQ 
 
 hands any presumptive means of expe- ^^^^ "^• 
 diting its approach. Thi^ appears to be 
 one grand end of their remaining a di- 
 stinct people; and it does not appear 
 improbable, that, if Jews were admitted 
 into posts of eminence, their po^ver, 
 influence, wealth, and chicanery, might 
 be directed to that object, with a degree 
 of energy, no less injurious to the state, 
 than inimical to the principles of the 
 Christian faith. Now, as the Jew^ must 
 absolutely remain an alien; as he might, 
 with great facility, elude the pursuit of 
 public justice ; and, as his principles 
 sanction the hope, that he shall one day 
 remove into Palestine, and there become 
 a member of a political state ; he must 
 be regarded as ineligible for offices of 
 publick trust in a Christian country. 
 
 A Roman Catholick ought not to be TheRomaa 
 
 Catholick. 
 
 admitted into offices of responsibility, for 
 
 reasons 
 
1 10 ON ELIGIBILITY TO 
 
 Essay III. rcasoHS already specified, in the essay 
 upon Limitation. His oath is not binding, 
 because he may obtain absolution. Nei- 
 ther word nor oath can be received with 
 confidence, since he keeps no faith w^ith 
 hereticks. If he obtained a seat in Par- 
 liament, he might betray the interests of 
 the Protestant church; as the good of 
 his own church \^dll sanction every 
 mean of promoting its welfare. He might 
 level a blow at the English constitution ; 
 since its fundamental principles, and the 
 prominent doctrines of his creed, are 
 avowedly hostile to each other. 
 
 Having excepted against all the pre- 
 ceding classes, I now proceed to state 
 
 Who should who remain eligible, upon the premises 
 
 be eligible. 
 
 already expressed. These appear to be, 
 Episcopalians, and Protestant Dissenters. 
 Episcopa- That the Episcopalian should be eligi- 
 
 ble, is an indubitable proposition. His 
 
 political 
 
OFFICES OF PUBLICK TRUST. 1 1 1 
 
 political principles are those of the essayiii. 
 constitution ; his religious sentiments 
 are those of a church patronized by the 
 existing laws ; and the security which he 
 offers to the state, is the best that the 
 community could possibly receive : his 
 oath is inviolably sacred : he can consci- 
 entiously fill up any department of civil 
 trust, and execute the duties of his office, 
 without doing violence to the decisions 
 of his judgement. 
 
 Further: Protestant Dissenters should Protestant 
 
 Dissenters. 
 
 be eligible. 
 
 This general appellation includes a 
 long list of subordinate distinctions, 
 which it is unnecessary to detail ; because, 
 with the exceptions specified in the essay 
 upon Limitations, all denominations of 
 Protestant Dissenters must stand or fall 
 tjogether. 
 
 There are, then, several distinct reasons^ 
 
 which 
 
112 ON ELIGIBILITY TO 
 
 Essay III. ^vhich I shall adducc, why all Pro- 
 testant Dissenters should be eligible to 
 Reasons fiH ofRces of trust. First : their religious 
 
 why they *-^ 
 
 are eligible, sentiments contain nothing hostile to 
 the peace and welfare of the community 
 with which they are connected. Se- 
 condly: they are, from sentiment, the 
 warm and steady friends of all the fun- 
 damental principles of the British con- 
 stitution. Thirdly : they can give all 
 that security, for the discharge of ofScial 
 duties, which can be rendered by Epis- 
 copalians. 
 
 First : the religious sentiments of Pro-* 
 testant Dissenters contain nothing hostile 
 to the peace and w^elfare of the com- 
 munity. 
 
 First: they In tlic phrasc, Protestant Dissenters ^ 
 
 hold no sen - 
 
 hSeto -'■ include Calvinists, Baptists, Armi- 
 
 society. nians, Quakers, Arians, and Socinians, 
 
 with a variety of minor denominations. 
 
 These 
 
TO OFFICES OF PUBLICK TRUST. 113 
 
 These are the chief doctrinal distinctions essay iil 
 that exist among them. The other 
 divisions, of Presbyterian, Independent, 
 Methodist, &c. are less important, and 
 respect, principally, their different modes 
 of church government. Now, that 
 church, w^hich admits to exist in itself the 
 two principal classes of those I have 
 enumerated, viz. Calvinists and Armi- Their doc. 
 
 trinal senti- 
 
 nians, can offer no just and forcible °'^'' '* 
 reason, why its own doctrines, when pro- 
 fessed by a Protestant Dissenter, should 
 become inimical to the political welfare 
 of the state. It is notorious, that a very \^^^ ^7 
 
 •^ churchmen. 
 
 large majority of the clergy and laity of 
 the episcopal church are Arminian, many 
 are Calvinists, some are Arians, and some 
 are Socinians. Now, if the sentiments 
 of the Calvinist and the Arminian be 
 inimical to the peace and welfare of the 
 community, they must be equally so in 
 
 I the 
 
114 ON ELIGIBILITY TO 
 
 Essay III. the chuFch, as among the Dissenters. As 
 to the other classes of Protestant Dis- 
 senters, a brief review of their conduct 
 
 Noim- ^^jj shew at once, that many of the 
 
 peachment •' 
 
 character, worthicst mcmbers of civil society are 
 to be found among them ; and impartial 
 inquiry may be defied to shew, by any 
 thing like reasonable proof, why a Bap- 
 tist or a Quaker, an Arian or Socinian, 
 may not be a good master, a good servant, 
 a good tradesman, a good subject, or a 
 good magistrate. It is, indeed, the ex- 
 treme of folly to urge, that, because a 
 man denies the doctrine of an atone- 
 ment, because he rejects the divinity of 
 Christ, or because he believes we may 
 be saved from perdition by the merit of 
 our own works, therefore he is unfit to 
 be a member of civil society, or that he 
 is to be viewed, in any degree, as a dis- 
 turber of the peace, or an enemy to the 
 
 welfare 
 
OFFICES OF PUBLICK TRUST. 115 
 
 welfare of his fellow citizens. A Cal- essay iii. 
 vinist, who believes in the insufficiency 
 of good works to obtain the Divine 
 favour, and an Arian or Socinian, who 
 discards those doctrines which the or- 
 thodox consider to be the peculiar glory 
 of revelation, may yet be a good 
 neighbour, a tender and affectionate 
 friend, a peaceable and loyal subject. 
 And if, in some solitary cases, it should 
 appear, that the persons I have enume- 
 rated should not possess the highest 
 excellence of social character, yet it 
 would be the extreme of injustice to 
 ascribe that to their religious sentiments, 
 which no reasoning can shew to be in 
 any way connected with them, or a 
 necessary result of their influence. 
 
 Those who have attempted to impute i^i^^^erai 
 
 ^ ^ views have 
 
 to Protestant Dissenters a disposition ini- ofthdf"' 
 mical to the welfare of the community, 
 I 2 have 
 
Il6 ON ELIGIBILITY TO 
 
 EssAYjii. have either been actuated by an illiberal 
 spirit, or have formed their estimates 
 from a very contracted view of the great 
 mass of Dissenters in this kingdom. If 
 any of them be disturbers of the publick 
 peace, and the promoters of disorder and 
 confusion, it does not follow, that this 
 is an effect of their religious sentiments ; 
 and he would argue very fallaciously, 
 who should draw such a conclusion. As 
 well might he conclude, that when an 
 Episcopalian is detected in an act of 
 corruption or peculation, it was the ne- 
 cessary consequence of the religious 
 principles he professes. Though I grant, 
 then, that all the distinctions of religious 
 sentiments I have mentioned may be pro- 
 fessed by persons of bad dispositions, and, 
 perhaps, of baneful political principles, 
 yet I must maintain, that these differing 
 theological views contain nothing inimical 
 
 to 
 
OFFICES OF PUBLICK TRUST. 117 
 
 to the peace of society, and the regular essayiii. 
 administration of the laws. 
 
 It may even be maintained still further. General 
 
 •^ character, 
 
 that all the different classes of Protestant ^^^-^^i^^^- 
 Dissenters which I have noticed, so far 
 from receiving any deterioration in their 
 social character from the views they en- 
 tertain on religion, will be found, univer- 
 sally, the steady promoters of peace, and 
 the best friends of their fellow subjects. 
 In their efforts to advance the good of 
 the community, in their compassion for 
 the distresses of others, in their charitable 
 establishments, in their readiness to join 
 in every cause of benevolence, they are 
 exceeded by none of their fellow^ citizens. 
 Now, the fair conclusion from this is, 
 that their religious views, though ever so 
 heterodox, when estimated by the creed 
 of the established church, contain nothing 
 destructive to the peace, or prejudicial 
 to the welfare, of society. 
 
 That 
 
118 ON ELIGIBILITY TO 
 
 Essay III. That their views of church govern- 
 Their views mcnt, which form the great distinction 
 
 of church *-> 
 
 ment have bctwccn thcm and the estabUshed church, 
 to politicks, are not chargeable with any baneful in- 
 fluence on the community, needs but 
 little proof; or, at least, it will be fully 
 evident, upon a brief consideration of the 
 nature and influence of these views. It 
 is not easy to conceive, how a Presby- 
 terian^ who maintains that the church 
 court should consist of the ministers and 
 elders only; or the Independent, w^ho 
 views each religious association as ade- 
 quate to the regulation of all its own 
 concerns ; should be, on this account, 
 a worse neighbour or friend, a vs^orse 
 fellow subject or legislator. Whether 
 I submit to the authority of a diocesan 
 bishop, or bow to the decrees of a pres- 
 bytery, or acknowledge only the voice of 
 the majority in the individual church to 
 which I belong, 1 may surely possess all 
 
 the 
 
OFFICES OF PUBLICK TRUST. 1 IQ 
 
 the qualifications of a good subject, and ^^^ "J* 
 retain an undiminished right to all the 
 immunities of a citizen. That must be 
 a mode of reasoning rather novel and 
 extraordinary, by which it can be proved, 
 that he, w^ho receives no code of ecclesi- 
 astical law but what he finds in the 
 Scriptures, must be a disloyal subject ; 
 or that he, who disputes the propriety 
 of various orders of ministers in the 
 Christian church, must be an enemy to 
 the publick peace ; or that he, who main- 
 tains the perfect equality of all the mem- 
 bers in each separate religious society, 
 must, therefore, be a friend to anarchy, 
 and a promoter of sedition. I confess 
 I can perceive no connexion between ac- 
 knowledging a presbytery in the church 
 and rendering obedience to the laws of 
 my country, or acting with integrity in 
 the discharge of every social duty; nor 
 
 can 
 
ON ELIGIBILITY TO 
 
 can I form any idea why an Independent 
 and a Presbyterian cannot be as good 
 citizens, as good magistrates, as good 
 statesmen, and as loyal subjects, as their 
 episcopalian brethren. It appears indeed 
 impossible for a candid mind to compre- 
 hend, Avhy the peculiarities of Protestant 
 Dissenters, in church government and 
 discipline, should incapacitate them for 
 offices of trust, in a free and Christian 
 state : and it is no less so to understand, 
 how an impeachment of their social cha- 
 racter can be deduced from the particular 
 interpretation of certain doctrines of 
 Scripture, in which some of them diiFer 
 from the episcopal church. 
 Secondly: I procccd, Sccoudly, to shew, that 
 
 Dissenters 
 
 generally Pfotcstaut Disscntcrs arc, from sentiment, 
 
 attached to ' ' 
 
 warm friends to the fundamental prin- 
 ciples of the British Constitution. 
 
 This will appear, if we consider their 
 
 uniform 
 
 the Consti- 
 tution. 
 
OFFICES OF PUBLICK TRUST. 121 
 
 uniform submission to the execution of e^y^. 
 the laws ; the respect they have ever ex- shewn by 
 
 a variety of 
 
 pressed for the authority of the legis- evidence. 
 lature ; the patriotism they have shewn, 
 on every pubhck and national occasion ; 
 the steadiness with which they have 
 advocated the hberties of the people, the 
 freedom of the press, and trial by jury ; 
 and the loyalty they have uniformly 
 manifested towards all the House of 
 Brunswick. All these particulars would 
 admit of a distinct and extended illustra- 
 tion ; but, for the sake of brevity, I shall 
 merely make an appeal to their general 
 history since the Revolution. 
 
 Facts will fully justify the assertion, illustrated 
 
 by histori- 
 
 that every branch of the legislature has ^^^^''^- 
 received their zealous support ; and no 
 one, acquainted with their conduct, can 
 affirm, that, on any occasion, when the 
 exigencies of the state required the 
 
 exertion 
 
 k 
 
122 ON ELIGIBILITY TO 
 
 Essay III. excrtion of their energies, they have been 
 reluctant to vield to these claims. Some 
 of the ablest advocates, who have ever 
 appeared in the cause of liberty and the 
 people, have been of their communion : 
 indeed, a firm, but well-qualified spirit 
 of civil and religious liberty, appears to 
 have been hereditary among them, from 
 the period of the Reformation to the 
 
 Hume's tes- prcscnt time. Hume testifies, when 
 
 timony. 
 
 speaking of the arbitrary and despotick 
 
 measures of EUzabeth, that, ^^ so abso- 
 
 '' lute w^as the authority of the crown, 
 
 '* that the precious spark of liberty had 
 
 '' been kindled, and was preserved by 
 
 " the Puritans alone ; and it \vas to this 
 
 '' sect, w^hose principles appeared so 
 
 '' frivolous, and habits so ridiculous, 
 
 '' that the English owe the whole free- 
 
 '' dom of their constitution ^" 
 
 Their 
 
 (l) Hume's History of England, vol. V. p. I89. 
 
OFFICES OF PUBLICK TRUST. 
 
 123 
 
 Their various addresses to the throne, essay hi. 
 since the Revolution, down to the pre- Their patri- 
 
 -■- otic address 
 
 sent time, are a standing proof of their wimam. 
 affection for the persons of Protestant 
 sovereigns, and their zealous attachment 
 to the principles of the constitution. The 
 Prince of Orange arrived at St. James's 
 December the eighteenth ; and, on the 
 second of January, about ninety Dissen- 
 ting ministers, with the Earl of Devon- 
 shire, and the Lords Wharton and 
 Wiltshire, at their head, '^ assured his 
 '^ Highness of their grateful sense of 
 " his hazardous and heroical expedition, 
 ^' which the favour of Heaven had made 
 ^' so surprisingly prosperous ; that they 
 '* esteemed it a common felicity, that the 
 '' worthy patriots of the nobility and 
 " gentry of this kingdom had unani- 
 '' mously concurred with his Highness's 
 *' designs, by whose most prudent advice 
 
 " the 
 
124 ON ELIGIBILITY TO 
 
 EssAV III. ^' the administration of publick affairs 
 ^^ was devolved, in this difficult con- 
 '' juncture, into hands w^hich the nation 
 *' and the v^orld knew to be apt for the 
 ^' greatest undertakiags, and so suitable 
 *' to the present exigency of our case. 
 '^^ They promised the utmost endeavours, 
 *' in their several stations, to promote 
 ^' the excellent and most desirable ends 
 '* for Avhich his Highness has declared. 
 '' They added their continual fervent 
 '' prayers to the Almighty, for the pre- 
 '' servation of his Highnesses person, and 
 " the success of his future endeavours 
 '' for the defence and propagation of 
 ^^ the Protestant interest throughout the 
 ^' Christian worlds" 
 
 Geor-e'L'' ^^ ^^ addrcss presented to George 
 
 the First, they express themselves thus : 
 
 - It 
 
 (l) Neale's History of the Puritans, vol. iv. chap. 12. 
 pp. 603-3. 
 
OFFICES OF PUBLICK TRUST. 125 
 
 ** It is no small satisfaction, that we are Essay iii. 
 
 ^^ engaged with a people so well disposed 
 
 '^ to loyalty and fidelity to your Majesty, 
 
 '' as the body of Protestant Dissenters ; 
 
 *' of whom we can with safety declare, 
 
 '' that, in all parts of the kingdom, they 
 
 '' adhere most inviolably to your Majesty, 
 
 '^ as their only rightful and lawful sove- 
 
 '' reign ; and are very sensible of the many 
 
 '^ blessings of your auspicious reign." 
 
 His Majesty replied : '' Your steady and The King's 
 
 ^' constant adherence and affection to my 
 
 ^' person and government give you a 
 
 ^^ most just title to my protection, on 
 
 '^ which you may always depend^.'* 
 
 That the same spirit of loyalty con- 
 tinued among them in the succeeding 
 reign, we have the testimony of the 
 
 monarch 
 
 (2) See Bogue and Bennett's Histoiy of Dissenters, 
 rol. iii. pp. 14S-9. 
 
 \ 
 
120 ON ELIGIBILITY TO 
 
 ^s^ayiil monarch himself. In his address to the 
 Parliament, speedily after his accession to 
 ^^hlfpar ^^^ throne, George the Second says : 
 liament. ,, j^^ homc, I find among my subjects 
 '^ such mutual charity and foirbearance 
 *^ diffused through the kingdom, that the 
 '' national church repines not at the in~ 
 " dulgence given to scrupulous con- 
 '' sciences ; and those, who receive the 
 '' benefits of the toleration, envy not the 
 '' established church the rights and pri- 
 '* vileges, w^hich they by law enjoy. 
 *' From these happy causes have flowed 
 ^' that general tranquillity, that rise of 
 '' publick credit, and that increase of 
 '' trade and commerce, which have great- 
 *' ly improved our wealth and power, 
 '' and given us that respect and influence 
 ^' abroad, which have so much advanced 
 '' the glory and happiness of the na- 
 '' Hon, " 
 
 In 
 
OFFICES OF PUBLICK TRUST. 127 
 
 In the exertions of the nation to repel essay hi. 
 the hostile efforts of the Pretender, in conduct 
 
 in the Re- 
 
 seventeen hundred and forty- five, the 174^'^''''* 
 Dissenters made no inconsiderable figure K 
 The testimony of almost every historian, 
 who has written of the period since the 
 passing of the Act of Uniformity to the 
 present time, is in favour of their pa- 
 triotism, their zeal in the cause of liberty, 
 and their loyalty to the Protestant suc- 
 cession : indeed, it is not possible that it 
 should be otherwise. 
 
 As they zealously exerted themselves. Attachment 
 
 to the Pro- 
 
 during the reign of Queen Anne, to 
 counteract the designs of the Tory party, 
 whose object was, at the decease cf the 
 queen, to place the Pretender on the 
 throne; as they uniformly avowed their 
 decided attachment to the House of 
 
 Hanover ; 
 
 (1) See Note XIX. 
 
 testant suc- 
 cession. 
 
 I 
 
128 ON ELIGIBILITY TO 
 
 Essay III. Hanover ; as they used their most strenu- 
 ous efforts to retain the succession, as by 
 law estabUshed, in the person of George 
 the First; they subjected themselves to 
 the severe animadversion of the Court 
 and Tory party, whose spleen vented itself 
 in the abominable ' Schism Bill/ and the 
 ' Bill to prevent occasional Conformity/ 
 both which were repealed on the accession 
 
 Love to of George the First. It cannot, therefore, 
 
 the present 
 
 Royal |3g matter of surprise, that the Protestant 
 
 Family. ^ 
 
 Dissenters, above all others, should exult 
 in the advancement of the present Family 
 to the British throne. And, indeed, 
 they esteem it a subject of high congra- 
 tulation, that, from the testimonies al- 
 ready adduced, and many others that 
 might be added, it is manifest, that from 
 * the accession of George the First, and 
 even long before, the principles which 
 led to that memorable event have been 
 
 cherished 
 
OFFICES OF PUBLICK TFvUST. 12^ 
 
 cherished and avowed among Protestant essay hi. 
 Dissenters. Nor is it hkely that their 
 attachment to those principles should 
 change ; for it was round the sacred stan- 
 dard of civil and religious liberty they at 
 first rallied, and that cause they have 
 continued strenuously to advocate. As 
 long, therefore, as that unrivalled Consti- 
 tution, which rests upon these firm 
 materials, shall remain unshaken, so long 
 Protestant Dissenters will continue the 
 steady friends of its glorious peculiarifies. 
 
 My third reason for maintaining the Thirdly: 
 
 Dissenters 
 
 full eligibility of Protestant Dissenters to can give 
 
 everj' de- 
 
 offices of publick trust, is, that they can sii-^biese- 
 give all that security for the discharge 
 of every duty attached to these ofSces, 
 which can be expected, or which the 
 Episcopalian can offer. 
 
 In every point of view, their moral Their moral 
 
 character, 
 
 habits are equal to those of any class of 
 
 K the 
 
ON ELIGIBILITY TO 
 
 the community; and the integrity, the 
 abihty, and UberaUty of their general 
 character, is such, as to justify the expec- 
 tation, that, if they were admitted into 
 official stations, they would fill them 
 with as much honour to themselves, and 
 advantage to the nation, as any of their 
 fello^- subjects. 
 They admit Ap^aiu I thcv hold an oath to be sacred 
 
 the obliga- ^ ^ 
 
 ol'th &r' ^^^ binding, in its most extensive sense. 
 The authority appealed to, they revere; 
 the importance of the transaction they 
 acknowledge and feel. In all the depart- 
 ments of trust to v^hich the subjects are 
 admitted in our constitution, an oath 
 should be acknowledged as the most 
 sacred pledge that can be given by the 
 one party and received by the other : and 
 if a subject be qualified, in every other 
 respect, for the office he is desirous to fill, 
 and be capable of giving his country 
 
 evidence 
 
OFFICES OF PUBLICK TRUST. 131 
 
 evidence that he reveres the great Author ^,^^J[5' 
 of his being ; that he is conscious of the 
 sacred nature of the Divine perfections, 
 and impressed with a sense of the detes- 
 tation v^ith which the Divine Being must 
 witness the act of perjury, and the re- 
 wards and punishments which will in- 
 evitably follow virtue and vice; he then 
 becomes, in every respect, a good and 
 legitimate claimant to the office in 
 question. 
 
 From the reasoning I have already 
 offered, it necessarily follows, that all 
 Protestant Dissenters should be eligible 
 to fill offices of trust. Their religious 
 doctrinal sentiments are no more inimical 
 to the good order of society, than those 
 professed by Episcopahans ; their views 
 of church government and discipline 
 have no political bearing; they are, and 
 always have been, firm friends to the 
 K 2 principles 
 
132 ON ELIGIBILITY TO 
 
 Essay ih. principles upon which the constitution is 
 founded ; and no class of subjects have 
 more uniformly maintained their adhe- 
 rence to all the distinguishing features of 
 the British Government. They bow to 
 the same divine authority, and receive 
 the same sacred oracles as their Episcopal 
 brethren ; and every lawful expectation, 
 for the upright and able discharge of 
 publick duties, is likely to be as fully 
 realized in them, as in others : for, '' Qui 
 ^' modes te paret, videtur, qui aliquando 
 " imperet, dignus esse. Itaque oportet 
 ^' et eum, qui paret, sperare se aliquo 
 ^' tempore imperaturum^." 
 
 The argu- It is ouc of the principles of our con- 
 
 meiit exa- 
 mined on stitution, that every class of subjects has 
 
 which their >' J 
 
 justmtr'' ^ claim to situations in those depart- 
 ments of the state, which, from their 
 
 rank 
 
 (1) Cic. de Leg. lib. III. 
 
OFFICES OF PUBLICK TRUST. 
 
 133 
 
 rank and abilities, they are qualified to ^^^^• 
 fill ; unless it be found expedient, for the 
 general good, to prevent their admission. 
 Now, that no such expediency exists in 
 the present case, I must maintain. Such 
 an expediency, from views of civil policy, 
 has never been pretended to exist. ^ But,' 
 it is said, ' the church could not maintain 
 its ground, were it not for the test 
 which is opposed, in order to prevent 
 the admission of any but Episcopalians : 
 it is expedient, therefore,' it is stated, 
 for the preservation of the ecclesias- 
 tical branch of our constitution.' This 
 is the chief, and, indeed, the only argu- 
 ment that can be advanced, to justify a 
 measure so harsh as that which precludes 
 persons so well qualified in every respect, 
 and so completely eligible, as Protestant 
 Dissenters, from offices in the government. 
 This argument will be easily shewn to 
 
 have 
 
134 ON ELIGIBILITY TO 
 
 ^1!^L5'' have no force in it, when estimated by a 
 principle which every EngUshman consi- 
 ders one of the peculiar glories of the 
 constitution* The existence of any mea- 
 sure can be justified only so long as 
 it meets with the concurrence of the 
 majority in the nation. It is only on 
 this principle that the Episcopalian can 
 call his the National Church: it meets 
 with the approbation and support of the 
 Jt^uwn"" inajority. Now, then, the argument for 
 rests. ' keeping Protestant Dissenters out of 
 offices of trust, supposes, that the church 
 has the majority of the people on its 
 side : but why, then, should the church 
 entertain a fear of ever sinking, through 
 the admission of others, besides its own 
 members, into the legislature. If the 
 establishment could be endangered, that 
 danger could arise only by the increase 
 of votes against it. But here the prin- 
 ciple 
 
OFFICES OF PUBLICK TRUST. 135 
 
 ciple upon which the Episcopalian justifies essay iii. 
 
 the existence of his church, as a national 
 
 establishment, silences him at once ; for 
 
 when the majority of the House of Lords 
 
 and of the House of Commons become 
 
 Dissenters, it is evident that the majority 
 
 of the nation also are Dissenters; and, 
 
 therefore, upon the Episcopalian's own 
 
 principle, he must resign all claim to call 
 
 his the National Church. This is one of 
 
 the soundest principles of government : 
 
 it is a dictate of the truest philosophy : 
 
 it was perceived and admitted, in all its This was 
 
 acknow- 
 
 force, by that justly celebrated clergyman, Jj^^=^^ ^y 
 and moral philosopher. Archdeacon Paley : 
 '' If," says he, " the dissenters from the 
 '^ establishment become a majority of 
 '' the people, the establishment itself 
 '' ought to be altered or qualified. If 
 ^' there exist, among the different sects, 
 '' such a parity of numbers, interest, and 
 
 '' power. 
 
136 
 
 ON ELIGIBILITY TO 
 
 Essay III. ^^ powcr, as to render the preference of 
 '' one sect to the rest, and the choice of 
 '' that sect, a matter of hazardous success 
 '' and of doubtful election, some plan, 
 '^ similar to that which is ineditated in 
 '' North America, though encumbered 
 *' with great difficulties, may perhaps 
 '^ suit better with this divided state of 
 '' publick opinions, than any constitution 
 ^' of a national church whatever ^" 
 
 As long as the Episcopalian retains 
 the superiority of numbers and of in- 
 fluence, so long his church must be called 
 the Establishment ; but when the ba- 
 lance preponderates on the other side, 
 he must relinquish his claim to national 
 patronage. As things now stand, all 
 competition is precluded ; and were nine 
 tenths of the nation to unite under any 
 
 deno- 
 
 Test Act 
 prevents 
 the opera- 
 tion of this 
 principle. 
 
 (1) Paley's Moral Philosophy, vol.11, bookvi. chap. 10. 
 
OFFICES OF PUBLICK TRUST. 137 
 
 denomination of Protestant Dissenters, it ^^J^^- 
 is Episcopalians, and Episcopalians alone, 
 that could be admitted into offices of 
 pnblick trust, in the various departments 
 of the state. 
 
 I shall close the present essay with a 
 few observations upon the most defen- 
 sible terms of admission into office. 
 
 The present terms of access to office P^^=ent 
 
 -•- terms or 
 
 include the receiving of the Lord's Sup- -^^^^^^.^ 
 per, according to the forms of the 
 established church ; and, as the con- 
 sciences of Dissenters cannot submit to 
 this requisition, without a total dere- 
 liction of principle, they are excluded 
 from those situations of trust, emolu- 
 ment, and honour, to which, under a free 
 toleration, the property, influence, and 
 especially the talents, of many, would 
 obtain their promotion. Doubtless, the 
 object of the law is, to exclude bad men 
 
 from 
 
138 ON ELIGIBILITY TO 
 
 EssAYiii. from those situations : but the question 
 naturally returns ; Are these terms calcu- 
 lated to promote the object which the 
 law is aiming to accomplish ? Is it 
 not probable, that a Protestant Dis- 
 senter would execute the duties of any 
 lawful office, with more scrupulous in- 
 tegrity than an Atheist or a Deist, or 
 even a Papist ? These men can obtain 
 promotion upon easy terms ; they have 
 liberated themselves from the shackles 
 of conscience, and, therefore, may swear 
 any oath, or submit to any ceremony, 
 that the legislature prescribes, as a quali- 
 fication for office ; and, for the same 
 reason, may betray the confidence reposed 
 in them, without any other hesitation 
 than what arises from a question upon 
 its expediency. But, if the Protestant 
 Dissenter, from a conscientious regard 
 to principle, resists every lucrative temp- 
 tation 
 
OFFICES OF PUBLICK TRUST. 13.9 
 
 tation to conformity, is it not reasonable essay hi. 
 to conclude, that this conJ&rmed venera- 
 tion for the dictates of conscience would 
 prevent him from committing those 
 breaches of publick trust, into v^^hich 
 many have lapsed, whose principles have 
 been less decisive, and their consciences 
 more flexible ? 
 
 To constitute the receiving of the on the sa- 
 crament as 
 
 Lord's Supper a test of admission into ^'^^^^• 
 office, is a very awful profanation of the 
 most solemn rite of the Christian Church ; 
 and, perhaps, nothing tends so much to 
 weaken the obligations of an oath, in the 
 consciences of men of lax principles, as the 
 prostitution of this sacred ordinance; by 
 compelling them to advance to the altar, 
 as a condition of their obtaining promo- 
 tion at the hands of their sovereign. Who, 
 that profanely receives the memorials of 
 the Redeemer's dying love, and has no 
 
 other 
 
I 
 
 140 ON ELIGIBILITY TO 
 
 Essay III. other end to attain, in going to the altar, 
 but to pass by it to a situation of emolu- 
 ment, will scruple to swear any oath 
 that is exacted, whether he designs to 
 observe its contents, or to depart from 
 them, whenever his own convenience 
 presents a temptation? 
 
 An oath Xo rcmedv this evil, let an oath be the 
 
 the most •' 
 
 condTtionof ^^^Y ^cst of admlssiou I let that oath 
 into office, include a renunciation of all sentiments 
 that corrupt the morals of society, — an 
 avowal of behef, in the being of a God, 
 and the authenticity of the Scriptures ; 
 and a profession of allegiance to the 
 government. Thus every virtuous and 
 loyal subject would have an opportunity 
 of serving the state, in any department 
 to which his talents could recommend 
 him ; and, though bad men might gain 
 access by profaning their oath, the govern- 
 ment would not be accessary in rendering 
 
 their 
 
OFFICES OF PUBLICK TRUST. 141 
 
 their consciences more callous ; by pre- es^ajJ^^- 
 sentino* an irresistible inducement, " To Prostitu- 
 
 ^ tion of the 
 
 - tread under foot the Son of God, and ^if'^""^' 
 *' count the blood of the covenant an 
 ''unholy thing;" by tempting him to 
 prostitute every decision of his judge- 
 ment, w^hich might ultimately terminate 
 in a fixed principle of virtue; and by 
 almost compelling him impiously to han- 
 dle and taste the holy symbols of the 
 broken body and shed blood of our Lord 
 Jesus Christ. 
 
 " With respect to qualifyinp* for Eariof 
 
 -L T. J O Yarmouth's 
 
 '' offices, &c. the Earl of Yarmouth said, ''^^^''^- 
 " he feared that Act of Parliament, v^hich 
 '* designed so much good, would, in time, 
 '^ take away the reverence due to that 
 " holy ordinance, and make it a formal 
 
 " thing, only to be done of course \'* 
 
 The 
 
 (l) See Dr. Hildeyard's Sermon at his funeral. Dis- 
 sent of the Lords on the occasion of the bill's passing. 
 
142 ON ELIGIBILITY TO 
 
 Essay III. The v^ords of Towgood on this 
 
 subject, are solemn, and deserving atten- 
 tion. '' Could I allow myself," savs he, 
 " to hate and wish ill to the church, 
 '* I would most heartily wish it perti- 
 '' naciously to hold fast this shameful 
 '' corruption. I would wsh it by no 
 '' means to give up this open profanation 
 " of the authority and name of Christ, 
 " this prostitution and perversion of a 
 '^ holy sacrament of his religion; this 
 '•' destruction of all discipline, this open 
 '' door for the reception of the most 
 " abominable and profane to its holy 
 '' mysteries and rites. This, if I wished 
 '' ill, I would earnestly wish your church 
 '' inflexibly to continue; not doubting, 
 '' but, if long continued, it will surely at 
 ^* length bring down upon it the heav}^ 
 '^ anger of Almighty God, the just re- 
 ^' sentment and jealousy of a despised 
 
 '' and 
 
OFFICES OF PUBLICK TRUST. 143 
 
 '' and insulted Saviour, and the deep Essay iii. 
 " scorn and contempt of all vvdse and 
 ^' thinking men^" 
 
 (l) See Towgood's Reasons for Dissent^ pp. QS-6g. 
 
144 
 
 Essay IV 
 
 ON LICENSING PERSONS AND PLACES FOR THE 
 PERFORMANCE OF DIVINE WORSHIP. 
 
 ** These religious societies I call churches ; and these, I say, the 
 magistrate ought to tolerate. For the business of these 
 assemblies of the people is nothing but what is lawful for 
 every man in particular to take care of; I mean the sal- 
 vation of their souls : nor in this case is there any difference 
 between the national church, and other separated con- 
 gregations." 
 
 Locke, on Toleration. 
 
 Essay IV. 1t lias been argued, in a preceding essay, 
 lutroducto- that the authority of the magistrate 
 
 ry remarks. 
 
 does not extend to conscience ; but it 
 has been granted, under the article of 
 Limitations, that, when rehgious prin- 
 ciples are openly professed, it becomes 
 
 the 
 
PERSONS AND PLACES. 145 
 
 the duty of the legislature to investigate essay iv. 
 them, and mark the precise point, at 
 which they begin to militate against the 
 security of the state. This being admit- 
 ted, Protestant Dissenters do not entirely 
 reject the interposition of the ruling 
 powers ; but offer security for the pre- 
 servation of the publick peace, on their 
 part ; and claim, in return, protection 
 from personal insult, publick disturbance, 
 and depredations upon the houses in 
 which they assemble. Thus their views 
 of the extent to which a subject should 
 be accountable to the state for the articles 
 of faith he professes, and the mode of 
 worship he practises, and also the 
 degree of sanction expected from the 
 authority of civil rulers, exactly coincide 
 with the general principles of the 
 social compact. 
 
 To present the subject under a perspi- ^^"^"^^ 
 
 ^ r r division of 
 
146 ON LICENSING 
 
 Essay IV. cuous form, I shall, — Assign political rea- 
 sons, why the legislature should enjoin an 
 application to subordinate magistrates for 
 the licensing of Meeting-houses : — State 
 the principles upon which Protestant 
 Dissenting Ministers apply for personal 
 licenses : — She^w, that all ought to be 
 licensed ^vhose principles are not inimi- 
 cal to the peace of society : — and, finally. 
 Consider the propriety of limiting to 
 those, ^who are exclusively engaged in 
 the ministry, the exemptions attached 
 to licenses for preaching. . 
 
 Political LI shall assiern political reasons 
 
 reasons why ci x 
 
 ing-houfe w^hy the legislature should enjoin an ap- 
 
 should be , . . it • r 
 
 licensed. plicatiou to subordmatc magistrates, tor 
 the licensing of Meeting-houses. 
 
 By political reasons, I intend those 
 which are suggested by the expediency 
 of any measure, to promote the general 
 
 good 
 
PERSONS AND PLACES. ' 14/ 
 
 good of the community, and the s^ecurity ^f_^^^* 
 of the state. 
 
 First: to prevent conspiracies in ^^f^^^*'' 
 clandestme assembhes. cies. 
 
 All places of publick resort should 
 be known to the government ; and the 
 specifick purposes, for v^hich such places 
 are used, should be assigned : and 
 among the other places of publick meet- 
 ing, those houses should be included, 
 which are appropriated to religious 
 worship. Many evils have arisen in 
 nations, by permitting publick assemblies 
 to be held without license from the 
 supreme power ; or, by prohibiting them 
 altogether. In the former case, the 
 people have become turbulent, and a 
 spirit of licentious democracy has quickly 
 tainted the whole nation. In the latter 
 instance, secret meetings have been 
 the certain consequence ; and, out of 
 L 2 these 
 
 Evils of 
 
 clandestine 
 
 meetinsrs. 
 
148 ON LICENSING 
 
 Es^Yiy. these have arisen, treason, conspiracy, 
 and even open rebelUon^ Under the 
 pretext of religious assemblies, pohtical 
 machinations, also, have been formed, 
 and have, sometimes, assumed a formida- 
 ble aspect. 
 
 What But, perhaps, the most effectual 
 
 should be 
 
 understood mcthod of Dreventinp; treasonable meet- 
 by such ■*- "-^ 
 
 license. '^^^^ undcr thc cloak of religion, is, to 
 require all, who open houses for Divine 
 worship, to apply to the magistrate for 
 a license. This application to the 
 magistrate should amount to no more 
 than an account of the place, its situation, 
 the use to which it will be appropriated, 
 and the names of the proprietors or 
 trustees. The license should be, a testi- 
 mony from the hand of the magistrate, 
 that such notice had been legally pre- 
 sented. 
 
 (1) See Note XX, 
 
PERSONS AND PLACES. 1 4C) 
 
 sented. By these means, government ^^^^'' 
 would be in possession of a list of all 
 Meeting-houses ; and, if a suspicion 
 •existed, that unconstitutional politicks 
 were disseminated from the pulpits of 
 any sect, the legislature would have 
 ample means of ascertaining, whether 
 these suspicions were founded on fact ; 
 while the circumstance of permitting all 
 to worship God in their own way, under 
 no other restrictions than those already 
 specified, would deprive evil-disposed per- 
 sons of an opportunity for assembling 
 clandestinely, under the pretext of meet- 
 ing to worship God according to the 
 dictates of conscience. 
 
 It is not matter of surprize, that nume- c*^^^^- 
 
 ^ quences of 
 
 rous plots were agitated against the state J-^enlef 
 in the days of Elizabeth and the Stuarts ; 
 for, as thousands of pious persons were 
 necessitated to assemble with privacy, and, 
 
 some- 
 
150 ON LICENSING 
 
 Essay IV. sometimes 'in the night, if they would 
 obey the dictates of conscience; and as 
 these meetings, though private, became 
 frequent over the whole kingdom ; men, 
 whose design Tvas to subvert the state, 
 could also meet, without producing any 
 serious alarm, even if they were detected; 
 and, in case of detection, they would 
 cheerfully pay the penalty attached to 
 assembling in a conventicle, while no 
 suspicion of their political machinations 
 would be excited. But, in our day, 
 when all may publickly worship God 
 according to the dictates of conscience, 
 if bad men were to confederate, and form 
 themselves into a society of any conside- 
 rable magnitude, their meetings must 
 immediately attract the attention of the 
 magistracy. 
 
 Secondly: Sccondlv I application to the map;i- 
 
 to insure »/ x x o 
 
 to thelaws. strate for the license of Meeting-houses 
 
 is 
 
PERSONS AND PLACES. 151 
 
 is necessary, in order to insure obedience essay iv. 
 to the laws. 
 
 Persons, so immediately under the 
 eye of government, could not break the 
 laws with impunity; and the circum- 
 stance of being closely inspected, and 
 liable to reprehension, would stifle in 
 embryo every idea of practising or teach- 
 ing any thing contrary to the laws 
 of the country. But the most obvious 
 benefit resulting to the community, in 
 thus insuring obedience to the laws, 
 would arise from the entire suppression 
 of those doctrines, which, from their 
 pernicious tendency, were prohibited 
 from being taught. We have seen, that 
 limitations must be prescribed, if the 
 peace and prosperity of the nation are 
 
 to remain unimpaired. Exceptions have % prevent- 
 ing the dis- 
 
 have been advanced against those prin- semination 
 
 ^ ^ or principles 
 
 ciples, which sanction the practice of the^statl! 
 
 vice ; 
 
152 OJSr LICENSING 
 
 Essay IV. vicc ; thosc which excite a spirit of re- 
 sistance against the ruling powers ; and 
 those which withdraw from the com- 
 munity the pledges of faith, and bonds 
 of mutual obligation. If all places were 
 required to be licensed, none of these 
 doctrines could be publickly taught, 
 without exciting the attention of govern- 
 m.ent. If a sect of Fifth- Monarchy men 
 were now^ to arise, their meetings would 
 speedily be taken under judicial cogni- 
 zance; or, if the law prohibited the 
 exercise of the rites of the Romish church, 
 no place could be appropriated for the 
 celebration of publick mass and its ap- 
 pendages, without inviting the attention 
 of some neighbouring miagistrate. Thus, 
 if licenses were granted, upon a plan at 
 once liberal and prudential, obedience to 
 the laws would be insured, by removing 
 the plea for transgression, and by ren- 
 dering 
 
PERSONS AND PLACES. 153 
 
 dering it more difficult to elude the law, essay^. 
 or break it with impunity. 
 
 Thirdly: to afford protection to loyal ^^'^^^ff^ 
 
 and obedient subjects, in the exercise of ject^'nthe 
 
 exercise of 
 
 religious duties. reii-ion. 
 
 In every age, a spirit of persecution 
 
 has manifested itself in the breasts of 
 
 some individuals: and, even in this % prevent- 
 ing perse- 
 enlightened day of civil and religious 
 
 liberty, the truly pious are often called 
 to verify the declaration of St. Paul, 
 that, '' All, who will live godly in Christ 
 '' Jesus, must suffer persecution." Bad 
 men are still prodigal of those opprobri- 
 ous epithets, ^fanatick,' ^hypocrite,' and 
 ' methodist.' He, whose conversation 
 savours of heavenly and eternal things, 
 must run the gantlet, between the lashing- 
 persecution, and the pelting scorn, of an 
 ungodly world. While these are facts, 
 attested by daily observation, do thej- 
 
 not 
 
154 ON LICENSING 
 
 EssAYiv. not prove the existence of a spirit, at 
 once hostile to the peace of society, and 
 to the interests of genuine reUgion? 
 Would not those principles, which sanc- 
 tion calumny, also encourage coercion } 
 Or, would not those dispositions, which 
 vent themselves in expressions of deep- 
 rooted malignity, reap high satisfaction 
 from burning a conventicle, or placing a 
 Dissenter in the stocks ? Hence, it is ne- 
 cessary for the power of the magistrate 
 to be exerted, for the preservation of 
 peace, and the protection of the persons 
 and property of quiet and obedient sub- 
 jects, whose only crime is, that of 
 retaining purer morals than their perse- 
 cutors. 
 Special pro- Xhc protcctioii that is extended to 
 
 tection due ^ 
 
 Swor^wp!' places of publick worship, or to per- 
 sons engaged in leading the devotions of 
 the people, should be more eminent than 
 
 to 
 
PERSONS AND PLACES. 155 
 
 to private dwellings, or to individuals essay iv. 
 under other circumstances. As the atro- 
 city of an act of outrage against such 
 persons or places is greatly increased 
 by its profaneness, consequently, the 
 punishment annexed to such breacl^es 
 of the publick peace should be more 
 severe than in ordinary cases. Hence 
 is derived another argument for licensing 
 places of worship ; that they may be 
 publickly recognised as such, and thus 
 be placed more immediately under the 
 protection of the civil power. 
 
 This argument appears to apply more ^^i^^y ^^ 
 particularly to those who receive licenses, fjyafg^b- 
 as they are to experience the benefit that '^^''^'' 
 will result from the protection of the 
 magistrate; but it also apphes, vice versa, 
 to the interests of the legislature. Since 
 it is to the advantage of government to 
 protect faithful and obedient subjects, it 
 
 becomes 
 
156 
 
 ON LICENSING 
 
 Essay IV. bccomes a part of its politicks to adopt 
 those measures, which will most effectually 
 promote that end. If, therefore, enjoining 
 an application to subordinate magistrates, 
 for the licensing^ of Meeting-houses, be 
 among the best means of affording pro- 
 tection to loyal and obedient subjects, in 
 the exercise of religious duties, that cir- 
 cumstance presents a good political reason 
 for such a requisition from the legislature. 
 
 The prin- 
 ciple upon 
 which Dis- 
 senters ap- 
 ply for 
 licenses. 
 
 bbjections 
 of some 
 Dissenters. 
 
 II. I am now to state the principle 
 upon which Protestant Dissenters apply 
 for licenses to preach. 
 
 Some Dissepters question the propriety 
 of receiving, at the hand of any man, 
 a license to preach the Gospel ; alleging, 
 that ' Christ, alone, is Lord of conscience, 
 ^ and King in his Church.' 'But,' say they, 
 ' to receive a license from human autho- 
 ' rity, would be a tacit acknowledgement 
 
 ' of 
 
PERSOISS AND PLACES. 1^7 
 
 * of a secondary power in the Church, tan- essay iv. 
 
 * tamount to that of the Redeemer/ In 
 this sentiment, hberal Dissenters, in ge- 
 neral, do not entirely acquiesce. That 
 their views of the extent of the magi- 
 strate's authority may be misconstrued, 
 from the circumstance of applying to 
 him for licenses, must be conceded: yet, 
 if we discriminate between civil and 
 ecclesiastical authority, these applications 
 will admit of a perspicuous and satisfac- 
 tory defence. While they protest against 
 the assumption of ecclesiastical authority 
 by the civil power, they cheerfully come 
 forward to profess their loyalty to the 
 state; and, in return, claim its protection 
 from insult, in the performance of their 
 respective modes of Divine worship. 
 
 In arranging the thoughts that occur Division of 
 
 this branch 
 
 under this particular, we shall consider, of the sub- 
 
 Ject. 
 
 What a Dissenter should not expect to 
 
 derive. 
 
158 ON LICENSING 
 
 Essay IV. dcrive, from the license of the civil ma- 
 gistrate; and, What he actually should 
 intend, by applying for that license. 
 
 First, what FiTst : ivJiat a Dissenter should not ex- 
 
 a Dissenter 
 
 expect to* P^^^ ^^ derive, from a license to preach 
 
 derive from .7 >-> ^7 
 a license. thC IjrOSpeL 
 
 1st. Ability 1st. He should not expect to derive 
 
 to expound 
 
 Scripture. ^^^ dcgrcc of qualification to expound 
 Scripture. 
 
 The Holy Ghost, by his illuminating 
 influence acting upon human reason, is 
 the only expositor of Divine revelation 
 in the mind of man. To Him Christ 
 ascribes this work, John xvi. 8, 9, lo, 
 & 11. ''When he is come, he will 
 '' reprove the world of sin, and of right- 
 '' eousness, and of judgement : Of sin, 
 '' because they believe not on me : of 
 '' righteousness, because I go to my 
 *' Father, and ye see me no more : of 
 " judgement, because the prince of this 
 
 '' world 
 
PERSONS AND PLACES, 15Q 
 
 '' world is judged." And, again, with im- essay iv. 
 mediate reference to the ministerial office, 
 Paul charges Timothy : '' That good 
 '' thing, which was committed unto thee, 
 ^^ keep, by the Holy Ghost, which dwell- 
 ^^ eth in us^" — '^ Consider what I say; 
 ^' and the Lord give thee understanding 
 '' in all things^." With human reason, 
 this young minister was to contemplate 
 the words of the Apostle; and, by the 
 illuminating influence of the Spirit of the 
 Lord, he \^^as to acquire a clear appre- 
 hension of Gospel truths. To this Divine 
 instructor ministers should apply, for daily 
 communications of that *^ wisdom, w^hich 
 *' Cometh from above;" that they may 
 understand the Scriptures, and be qua- 
 lified to teach others; that, under his 
 unction, their souls may realize the power 
 
 of 
 
 (1) 2 Tim. i. 14. (2) Ibid. ii. 7. 
 
l60 ON LICENSING 
 
 EssAYiv. q{ Divine truth, and thus be furnished 
 for the discharge of ministerial duties; 
 that their hearts may be imbued with his 
 graces, and thus become wise to win 
 souls. But these gifts infinitely tran- 
 scend every thing which human authority 
 can confer : they boast their origin to 
 be from God alone. My natural faculties, 
 my spiritual graces, my ability to ex- 
 pound Scripture, are the same, whether 
 I assume the character of an humble 
 itinerant preacher, and travel from 
 village to village, or that of a stationary 
 dissenting clergyman ; whether I profess 
 to receive ordination from the people, 
 or at the hands of a Bishop ; whether 
 I preach without a license, in an unli- 
 censed barn, or have my name enrolled 
 in the Archdeacon's Court, and obtain 
 a legal sanction for the Meeting-house 
 where I officiate. 
 
 2dly. 
 
PERSONS AND PLACES. l6l 
 
 2dly. He who receives a license from essayiv. 
 the mapistrate, should not expect to He should 
 
 O i not expect 
 
 derive from it authority to preach the l^^ltl 
 
 ^-^ , the Gospel. 
 
 (jrospel. 
 
 Our authority is derived immediately This comes 
 
 only from 
 
 from Christ, as supreme head of the ^^"^^• 
 Church ; for his supremacy is a power, 
 which never has been delegated, either 
 to an individual, of a community. The 
 church of Rome has, through many ages, 
 pretended to this mark of the Redeemer's 
 confidence; and being aware, that supre- 
 macy without infallibility was a paradox, 
 she assumed the latter, to support the 
 former. But, let us observe the result : 
 both were abused, to the most impious 
 purposes ; pious men were silenced from 
 preaching, and persecuted with severity ; 
 profaneness w^as tolerated, and indul- 
 gences in sin retailed, with the most 
 flagitious impunity; princes were made 
 
 M the 
 
 tAi 
 
l62 ON LICENSING 
 
 Essay IV. the tools of Papal ambition ; and pre- 
 lacy was exalted above the monarchical 
 powers. But, whither is she fallen ? where 
 is her supremacy ? and whence has her 
 infallibility departed ? The splendid struc- 
 ture of her political economy is reduced 
 to ruins : recent occurrences have ex- 
 posed to contempt the pretended stability 
 of her spiritual hierarchy : her glory has 
 vanished ; and, 
 
 ^' Like the baseless fabrick of a vision, 
 ^' Left not a wreck behind." 
 
 Never was Surclv, in rcccnt events, we have a 
 
 delegated to *' 
 
 civil rulers, jjy^jy dcmonstratiou, that neither supre- 
 macy nor infallibility was delegated to 
 her by the Author of the Christian re- 
 ligion. And whence, among ourselves, 
 is derived the supremacy of the civil 
 power in the Church of Christ ? To the 
 period when it was assumed, we are no 
 strangers ; but the era, at which it was 
 
 delegated, 
 
PERSONS AND PLACES. 103 
 
 delegated, has never yet been ascertained, essay iv. 
 And, if the magistrate be not the supreme 
 head of the Church, the objection of a 
 conscientious minister to ask, at his hands, 
 authority to preach the Gospel, is founded 
 upon the plainest dictates of reason. 
 
 Ap-ain : as the nature of the Gospel ^\^. ^°'p^^ 
 
 O X entirely di- 
 
 1 , 1. 'j.1 ' J. stinct from 
 
 message does not connect with it any politicks. 
 question upon politicks, but confines its 
 efforts to the moral and spiritual welfare 
 of individuals, the interposition of the 
 civil power is not only superfluous, but 
 even prejudicial. That the Gospel is, 
 intrinsically, the greatest blessing that 
 ever was conferred upon mankind, is an 
 axiom, in which all parties of Christians 
 concur. That it should be disseminated 
 as widely as possible, is a necessary de- 
 ducement ; and the only problem which 
 remains to be solved, is this : From 
 whom must individuals derive their 
 M 2 author 
 
l64 ON LICENSING 
 
 Essay IV. authority, to '' Go into all the world, and 
 '' preach the Gospel?" We have seen, 
 that Christ has not delegated this powder 
 to the civil ruler : it cannot be an here- 
 ditary appendage to episcopacy ; for the 
 episcopal church has its origin and privi- 
 leges from the civil legislature, and is 
 liable to dissolution, w^henever the King 
 and the Parliament concur to terminate 
 its existence. But the Gospel is destined 
 to spread among the nations, till time 
 shall be no more ; and to flourish in the 
 earth, when the proudest kingdoms, with 
 their respective hierarchies, are tumbled 
 into ruin. Therefore, to Him, who is, in 
 his Church, ''the King eternal, immortal, 
 '' invisible, the only wise God\" we 
 must refer, for our authority to preach 
 the Gospel. 
 
 The 
 
 (I) 1 Tim. i'. 17. 
 
PERSONS AND PLACES. l65 
 
 The importance of its object, also, essay iv. 
 demands this independence of human itsimpor- 
 
 -*- tance for- 
 
 sanctions. Thousands of souls are con- ^l^^ ^o^^*' 
 stantly perishing, *' for lack of know- th^itLr' 
 ^' ledge ^." In our day, as in the days of 
 Christ, '^ the harvest truly is plenteous, 
 '^ but the labourers are fcomparativelyj 
 '' few^." I intend nothing invidious to 
 the Clergy of the Establishment; and, 
 therefore, shall appeal only to one fact, 
 which will not affect either their doc- 
 trine or discipline. How small a pro- 
 portion of the people of England can be 
 accommodated in their parish churches ! 
 and, how very disproportionate is the 
 number of parochial ministers, to the 
 amount of the population throughout the 
 kingdom ! 
 
 Admittinp;, then, that men were better "^^^^onse- 
 
 *-> queut im- 
 
 , 1 , pietyofin- 
 
 taUgnt terferin°^,to 
 
 prevent the 
 
 preaching 
 
 of the 
 
 (2) Hosea iv. Q. (3) Matt. ix. 3;. ^"P^^* 
 
l66 ON LICENSING 
 
 Es^4 yr^. taught at the Church than at the Meeting- 
 house, it would still be an act of impiety, 
 to prevent peaceable subjects, out of the 
 Establishment, from going abroad among 
 their neighbours, and teaching them to 
 the best of their ability. But, if our 
 authority must be derived from the 
 magistrate, it presupposes, that he may 
 sanction one man, and silence another. 
 And v^ho can insure, that the better man 
 will not be rejected, while the other 
 obtains a commission ? Or, who can 
 insure, that, ultimately, all may not be 
 rejected, who do not acknowledge the 
 Archiepis copal jurisdiction ? 
 
 The Britisii It is, further, worthv of observation, 
 
 legislature *^ 
 
 terdainf' ^^^^^ ^'^^^ British legislature can pretend 
 
 to this au- T . ^ -, . r, 
 
 thoritythan to no authority over the consciences or 
 
 others. n • i • i 
 
 its subjects, which may not, with equal 
 propriety, be claimed by all other go- 
 vernments: consequently, if the authority 
 
 of 
 
PERSONS AND PLACES. 1 67 
 
 of the magistrate be essential, as a quali- ^^'^• 
 fication to preach the Gopsel, I ou<>;ht <^«"«^- ^ 
 
 •*- i o quence of 
 
 not to preach in Spain, v/ithout the sane- thrmS? 
 tion of a Papist ; nor in Turkey, without authorit3^ 
 the acquiescence of a Mohammedan : I 
 ought not to exhibit a crucified Redeemer 
 in the empire of Japan, or in the domi- 
 nions of the Persian sovereign, without a 
 license from the ruling powers in those 
 idolatrous states. And, if this principle 
 be assumed, Christ was justly punished 
 with death, for teaching, among the Jews^ 
 a religion which the Sanhedrim would 
 not consent to tolerate. Paul was im- 
 pertinent in his conduct at Athens, while 
 he opposed the Grecian mythology ; and 
 merited death, at the hands of Nero, for 
 setting forth a strange unlicensed God in 
 the capital of the Roman empire. And, 
 the use of all those means, by which the 
 Gospel was at first promulgated in the 
 
 world, 
 
l6S ON LICENSING 
 
 Essay IV. world, was ail impious resistance of the 
 
 powers ordained of God. 
 The nature But, finally : thc nature of a call to 
 
 of a call to 
 
 dtX^hu- Pleach the Gospel, decidedly excludes the 
 
 man autlio- . . . ^ ^ • • i 
 
 lity. intervention or the civil power. 
 
 I shall not here enter into a compre- 
 hensive discussion of the nature of a call 
 to the ministerial office; but deduce 
 my proposition from a sentiment, admit- 
 ted equally by conformists and noncon- 
 formists. It is essential to the nature of 
 a call to preach, ' that a man be moved by 
 ^ the Holy Ghost, to enter upon the work 
 ^ of the ministry^ : ' and, if the Spirit of 
 God operate powerfully upon his heart, 
 to constrain him to appear as a publick 
 teacher of religion, who shall command 
 him to desist ? We have seen, that the 
 sanction of the magistrate can give no 
 
 autho- 
 
 (1) See Note XXIL 
 
PERSONS AND PLACES. 16Q 
 
 authority to preach the Gospel: and, if essayiv. 
 he were to forbid our exertions, we must 
 persist in the work: we dare not relin- 
 quish a task that God has required us to 
 perform ; we cannot keep our consciences 
 in peace, if our lips are closed in silence, 
 while the Holy Ghost is moving our 
 hearts, to proclaim the tidings of salva- 
 tion : '' Yea, w^oe is unto me," saith St. 
 Paul, ''if I preach not the GospeP." 
 Thus, when the Jewish priests had taken illustrated 
 
 in the case 
 
 Peter and John into custody, and, after oftheApo- 
 
 *^ sties. 
 
 examining them concerning their doc- 
 trine, '' commanded them not to speak at 
 '' all, nor to teach in the name of Jesus,'* 
 these Apostolical champions of the cross 
 undauntedly replied : '' Whether it be 
 '' right, in the sight of God, to hearken, 
 '' unto you, more than imto God, judge 
 
 '' ye : 
 
 (2) 1 Cor. ix. 16. 
 
]70 ON LICENSING 
 
 EssAYiy. ^' ye : for, we cannot but speak the 
 ^^ things which we have seen and 
 '' heard ^" Thus, also, in our day, when 
 the Holy Ghost excites a man to preach 
 the Gospel to his fellow sinners, his mes- 
 sage is sanctioned by an authority, which 
 is '' far above all principality and power;" 
 and, consequently, neither needs the ap- 
 probation of subordinate rulers, nor ad- 
 mits of revocation by their counter- 
 manding edicts. 
 
 A minister sdly. Hc, ^who rcccivcs a license, 
 
 should not 
 
 expect a sliould not cxDCct to dcrivc from it a 
 
 testimony ■*- 
 
 cLlon^'^ testimony of qualification to preach. 
 Noindivi- It w^ould be erossly absurd, to seek 
 
 dual is com- 
 
 petent to ^ tcstimonv of this description from any 
 
 decide. j l J 
 
 single individual, even though he were 
 an experienced veteran in the service of 
 Christ ; for, all are fallible, and, under 
 
 some 
 
 (l) Acts iv. 18, 19, 20. 
 
PERSONS AND PLACES. 1/1 
 
 some unfavourable prepossession, even essay;iv. 
 the wisest, or the best of men, might 
 give an erroneous decision upon the case. 
 But this observation will gain additional 
 force, when we suppose the power of 
 judging transferred to the person of the 
 magistrate. We cannot presume, that 
 a civil ruler understands as much of 
 Theology, as a minister of the Gospel. 
 His necessary duties prevent him from 
 critically investigating questions upon 
 Divinity; and confine his attention to that 
 particular department, which society has 
 deputed him to occupy : and, hence, to 
 expect at his hands a testimony of qua- 
 lification to preach, would be almost as 
 ludicrous, as to require an obscure 
 country curate to fill the office of Lord 
 Chancellor. 
 
 But again : admitting that a magi- ,^~!^ 
 strate, who is nominated by the sove- notascer-' 
 
 tain who is 
 rei2fn qualified* 
 
1/2 ON LICENSING 
 
 EssAYiy. reign to issue forth licenses to dissenting 
 ministers, is competent to the task of 
 judging of their natural and acquired 
 abilities, it must still remain a doubtful 
 question, whether they are moved to 
 preach by the influences of the Holy 
 Ghost ; for it is the prerogative of God 
 alone, to *^ search the heart, and try the 
 
 '' reins ^ " of the children of men. Con- 
 sequently, after every effort of the ruling 
 powers, to assume to themselves the 
 right of judging whether a man be or 
 be not qualified to preach, the most 
 essential property of the call must remain 
 to be determined by the conscience of 
 the individual. 
 
 It is, further, worthy of observation, 
 that the talents of a preacher may be 
 acceptable to many persons, if not to 
 
 him 
 
 (l) Jeremiah xvii. 10. 
 
PERSONS AND PLACES. 173 
 
 him who issues the hcense. The taste essay w. 
 
 of a person, thus high in office, may be 
 
 too refined to derive gratification from 
 
 any, but the most learned, intelhgent, 
 
 and accomphshed preachers. Yet, as the Thehearers 
 
 ^ -»- must judge 
 
 Gospel is sent to the poor as well as to ster4^(^aTj 
 the rich, perhaps hundreds of preachers 
 may be highly acceptable, much esteemed, 
 and eminently useful in their respective 
 circles, who would be despised, as men of 
 mean attainments, by one, w^hose mind 
 is well stored with literature, and culti- 
 vated by science. From these remarks I 
 infer, that a man's own judgement must 
 be the criterion, in determining what 
 line of conduct to pursue before he 
 begins to preach : and the opinion of 
 the people, to whom he ministers, 
 must determine, whether it be desi- 
 rable that he should continue to fill 
 their pulpit. 
 
 I noM- 
 
174 ON LICENSING 
 
 essayiv. I now proceed to shew, Secondly, 
 
 Secondly: zcJiat a Disseiiter actually should mtend, 
 
 what a Dis- »^ 
 
 should % applying for a license to preach, 
 
 'apptyingfor 1 st. To ofFcr Ms oath, as a pledge of 
 
 a license. 
 
 To offer ^^J^^J ^ ^^^ of liis determination to preach 
 a pledge of nothing inimical to the state. 
 
 This expression of deference for the 
 civil power is required by the law ; and, 
 when the law does not require any con- 
 cessions, which are at variance with the 
 dictates of conscience, obedience becomes 
 a positive duty. The legislature may 
 have many reasons, of incalculable mag- 
 nitude, for enacting a certain law; but, in 
 consequence of my ignorance concerning 
 those reasons, the supposed law may ap- 
 pear to me to be the effluence of caprice ; 
 yet, if that law does not enjoin any thing 
 contrary to the dictates of conscience, 
 to resist, or to refuse obedience to it, 
 would be equally an act of rebellion 
 
 against 
 
PERSONS AND PLACES. 175 
 
 against God, and against the power that essay iv. 
 he has ordained. But, the question, now 
 under investigation, rises far above this 
 bhnd obedience, by presenting weighty 
 arguments to justiiy such a requisition. 
 
 A regiular pohcy in issuing; out Ucenses Policy of 
 
 i=> r ^ to the state 
 
 to preachers, appears to be an object of ''^'J^JJ^k 
 high importance, to the security of the to be known 
 
 to govern^ 
 
 government, and the general tranquiUity ment. 
 of the nation. Numerous principles, laws, 
 customs, and private habits, which are 
 intrinsically excellent, have been per- 
 verted, by the subtle chicanery of wicked 
 men, to effectuate the most iniquitous pur- 
 poses. Of this number are the doctrines 
 of Scripture, and the precepts it enjoins, 
 with all their sacred appendages. And, 
 among other gross abuses of religion, 
 the habit of introducing political disqui- 
 sitions into the pulpit must be regarded 
 as peculiarly subversive of piety in the 
 
 church 
 
1/6 ON LICENSING 
 
 Essay IV. church and tranquillity in the state. In 
 Prevents our d^j, this practice is generally ex- 
 preacbing. pj^ded; and the publick will not hear 
 political preachers. But, perhaps, this 
 disposition of the publick mind is origi- 
 nally derived from preachers ; and the 
 general influence of this disposition upon 
 that class of the community, may arise 
 from the three follov^ing circumstances : 
 1st, Licenses are freely granted to Protes- 
 tant Dissenters ; and, hence, there is no 
 cause for discontent among them, arising 
 out of a legislative prohibition from 
 disseminating their religious principles : 
 2dly, When the license is issued, the party 
 who receives it takes the oaths of alle- 
 giance and supremacy*, which are binding 
 upon his conscience, to suppress every 
 word, and even sentiment, that is hostile 
 
 to 
 
 (1) See Note XXIII. 
 
PERSONS AND x«LACES. 177 
 
 to the government: and, 3dly, The civil ^^^• 
 power retains the means of silencing 
 him, if he were to break his oath, and 
 disseminate sedition. From these three 
 circumstances, and their ultimate eiFect 
 upon the publick mind, we may infer the 
 propriety of the legislature enjoining 
 some oath of allegiance to be taken, when 
 a license to preach is granted. 
 
 But, perhaps, the most obvious benefit f^^^^^^^l 
 
 - , , . ^ , . persons 
 
 that results to the community from this tr^moppor- 
 
 tunitif? of 
 
 plan of hcensinp- all w^ho become pubKck puhikk 
 preachers, is, the exclusion of those, 
 who would assume religion as a pretext 
 to disseminate corrupt politicks. All 
 who are licensed, are thereby brougiit 
 more immediately under the inspection 
 of the magistrate. Hence> persons of 
 this description are deterred from re- 
 sorting to religion as a veil to their evil 
 machinations, in the manner and degree 
 N in 
 
178 ON LICENSING 
 
 Essay IV. in which they would assume it, if the 
 legislature took no cognizance of publick 
 speakers, or obseryed their transactions, 
 with no other view than to suppress 
 them. Under this branch of the subject, 
 I must beg the reader to refer to the 
 remarks, which occurred under the head 
 of Licensing places for Divine worship ; 
 as they will illustrate the preceding 
 thoughts still further, and shew the pro- 
 priety of requiring preachers, also, to 
 give in their name and residence to the 
 magistrate, and to receive of him a certi- 
 ficate, testifying that the register has been 
 duly made. 
 
 Aii-ood Here it is worthy of observation, 
 
 men ought 
 
 to comply, that, as a regular application for a license 
 to preach, and the taking of an oath of 
 allegiance, appear to government to be 
 necessary for insuring tranquillity in 
 the state, and since neither is contrary 
 
 to 
 
PERSONS AND PLACES. 179 
 
 to the dictates of conscience, good men essay iv, 
 ought to comply with the requisition. 
 
 It should be observed further, that pub- Pubiick 
 
 speakers 
 
 lick speakers have p;reat influence ; they ^^^^ ^''^^^ 
 
 -»- C5 ^ J influence : 
 
 necessarily ingratiate themselves ^vith 
 their auditors ; the topicks they discuss 
 are popular, with those who attend their 
 lectures ; and, frequently, a popular pub- 
 lick lecturer is regarded, by a large 
 majority of his hearers, as the oracle of 
 truth, in that particular science upon 
 which he expatiates. These are facts, particularly 
 
 dissenting 
 
 which apply with peculiar propriety to ministers. 
 dissenting ministers. The degree of 
 natural talent, of literature, and of gene- 
 ral information, which they possess, 
 exalts them far above the level of medio- 
 crity, in those congregations in which 
 they officiate. Their integrity, probity, 
 and moral habits, command veneration. 
 Their frequent, friendly, and affectionate 
 N 2 visits 
 
180 ON LICENSING 
 
 EssAYiy. visits among the people, endear them to 
 every family, and to almost every indivi- 
 dual of their congregations. 
 
 All these circumstances concur to faci- 
 litate the dissemination of any principles 
 they are desirous of inculcating. The 
 powerful influence of reverential esteem 
 will carry these principles home to the 
 heart with peculiar energy, and stamp 
 them there with an indelible impress. 
 
 Govern- Hcncc, two propositious may be deduced. 
 
 therefore First ; that, whilc it is beneath the 
 dignity of a national legislature to tempo- 
 rize with any sect, it is highly impolitick 
 to alienate the affections of publick 
 teachers, by any acts of superciliousness 
 or caprice. This being admitted, a 
 Second necessarily follows ; that, as 
 dissenting ministers possess a very emi- 
 nent degree of influence throughout the 
 country, it is wise in government to 
 
 require 
 
 secure it. 
 
PERSONS AND PLACES. 181 
 
 require every one, who receives a license essay iv, 
 to preach, to take an oath of allegiance, 
 as a pledge of his loyalty. 
 
 The nature of the Gospel message An oath of 
 
 allegiance 
 
 gives ample license to take an oath not "^tib^eTTu 
 to advance any thing in the pulpit inimi- ^ ^ ''^^^* 
 cal to the state. Its subject is not more 
 immediately allied to one form of 
 government than to another. It does 
 not claim, as a necessary correlative, 
 eitlier monarchy, aristocracy, or demo- 
 cracy. Paul w^as the same man in 
 Jerusalem, at Athens, and at Rome. In 
 every place he was a minister of Jesus 
 Christ; but, in none of them, a political 
 *^ mover of sedition^" The Gospel mes- Nor with 
 
 the Gospel 
 
 sage is entirely spiritual in its nature ; its 
 object is, to enlighten the understanding 
 by Divine truth; to conquer the obstinacy 
 
 of 
 
 (l) Acts xxiv. 6. 
 
 minister's 
 commis- 
 sion. 
 
182 ON LICENSING 
 
 Essay IV. of thc human will; and to meliorate 
 the turbulent passions of the mind ; that, 
 by transforming the soul into the moral 
 image of God, its everlasting happiness 
 may be insured, and glory redound to 
 that Divine agency, by which the trans- 
 formation is effected. The prominent 
 doctrines, to which it requires our assent, 
 are entirely detached from every political 
 question. A conviction of our personal 
 guilt and impotency, faith in the ability 
 of the Redeemer '' to save them to the 
 '' uttermost that come unto God by 
 ^' hiin^" and the necessity of manifesting 
 our obedience to him, whom we profess 
 to worship, as, '' over all, God blessed 
 ''for evermore^" by keeping his com- 
 mands, are the leading features of the 
 Gospel. Upon these the Christian mini- 
 ster 
 
 (1) Heb. vii. 25. (2) Rom. ix. 5. 
 
PERSONS AND PLACES. 183 
 
 ster is to expatiate with a holy ardour. ^^^"J^- 
 But, while these are the distinguishing 
 topicks of his mission, it is evident, that 
 political disquisitions are foreign to the 
 nature of his office; and, even when 
 these distinguishing doctrines of the 
 Gospel are received under a more qua- 
 lified form, they still remain absolutely 
 distinct, from every principle which 
 militates against civil authority \ 
 
 These remarks naturally lead to the ^^'J^g^^'/p/ 
 conclusion, that a minister of the Gospel emi oftheL 
 ought not to introduce politicks into the political 
 
 discussions. 
 
 pulpit, except on extraordinary occasions, 
 and then with great caution. 
 
 If a day of p;eneral thankspivins; be ^^^^^^^^ 
 
 •^ *^ o o events may 
 
 appointed by the supreme power, and ^^^^-^f^^ 
 I on that day conduct publick worship, proved. 
 I feel at liberty to notice those circum- 
 stances. 
 
 (3) See Note XXIV. 
 
184 ON LICENSING 
 
 Essay TV. stanccs, in which the appointment origi- 
 nated : and, if their pohtical and their moral 
 How this tendencies be not at variance, I would 
 
 mav be 
 
 done. excite my auditors gratefully to acknow- 
 
 ledge the goodness of God/ as displayed 
 in those particular occurrences, which 
 gave rise to the nomination of a day to 
 be thus appropriated. If a proclamation 
 be issued for a general fast, it is expe- 
 dient to comment upon the vices of 
 the nation ; and, though this must be 
 done with delicacy in relation to persons, 
 it requires no qualification in respect 
 to their crimes. It may be proper to 
 introduce reflections upon any gross vio- 
 lation of the rules of morality by parti- 
 cular classes in the community, and to 
 give that advice to the various de- 
 scriptions of hearers, which the crisis 
 seems naturally to suggest. These, and 
 many other subjects, which have a poli- 
 tical 
 
PERSONS AND PLACES. 185 
 
 tical tendency, maybe discussed upon such ^^V^- 
 extraordinary occasions, without incur- 
 ring the charge of violating that neutrahty, 
 v» lilch Dissenters, in general, profess to 
 observe, in the discharge of their publick 
 and official duties. As the observance of 
 tiic day is an act of obedience to govern- 
 ment , as the topicks which have been 
 mentioned must sometimes be discussed; 
 and, as they might not appear equally 
 seasonable at any other time ; the pro- 
 priety of embracing such opportunities, 
 for the purposes already specified, must 
 be obvious to every candid and liberal 
 Dissenter. Yet, even upon these occa- oeeppoii- 
 
 tical discus- 
 sions, it is departing from the design for J,"^oji^an"^*^' 
 
 which the day was appointed, and hetvokied. 
 
 amounts to a dereliction of Evangelical 
 
 principles, to agitate questions of a deep 
 
 political tincture in a Christian pulpit. 
 
 Hence, from a general principle of 
 
 obedience 
 
186 
 
 ON LICENSING 
 
 Essay ly. obedicnce to the law, in all matters 
 Summary where conscience is not implicated ; from 
 
 review of ■*- 
 
 Ir-J^e^'rlt ^ conviction, that the civil power has 
 a right to demand security of publick 
 teachers of religion, that they will not 
 inculcate any thing inimical to the state ; 
 from the degree of weight, which dis- 
 senting ministers are capable of throwing 
 into the political scale ; and, from the 
 incompatibility of politicks with the 
 
 Inferences, subjcct of ^ the Gospcl ; I infer, 1st, that 
 the magistrate may justly require my 
 oath of allegiance, as a pledge of loyalty, 
 and of my determination not to propa- 
 gate, under the cloak of religion, any 
 sentiments calculated to disturb the 
 tranquillity of the state : 2dly, that I am 
 at liberty to render the pledge which 
 is required, without doing violence to 
 the dictates of my conscience: and, 3dly, 
 that, as it is required by the law, it 
 
 becomes 
 
PERSONS AND PLACES. 187 
 
 becomes my duty to obey, in the most essav iv. 
 sincere and unequivocal manner. This, 
 I conceive, is the first principle to v^hich 
 a dissenting minister, by appearing in 
 a court of judicature to apply for a 
 license to preach, intends to subscribe. 
 
 2dly. A Dissenter, in applying for The dissen- 
 a license to preach, advances a claim iter's claim 
 
 ^ ' for special 
 
 upon the secular power for special p^'^^^'^^'^"- 
 protection. 
 
 He has a natural claim for protection, Natural 
 
 claim. 
 
 arising out of the contract which virtually 
 subsists between rulers and their sub- 
 jects ; a contract of guardianship on the 
 one part, and obedience on the other. 
 Having surrendered up part of his natu- 
 ral liberty, as an independent individual, 
 that he may receive, as a compensation, 
 the general advantages of social life, 
 and have those advantages rendered 
 permanent, by the steady administration 
 
 of 
 
188 ON LICENSING 
 
 EssAY^/, of general laws, he possesses a claim 
 upon the representative of the law, 
 for that protection which is implied by 
 
 This not the nature of the contract. This claim, 
 
 alienated. 
 
 then, must remain absolutely unalienable, 
 by any other means than his own act of 
 delinquency, in breaking those laws which 
 are the definite bonds of the compact. 
 In secular transactions, he stands upon 
 the same basis with his fellow subjects. 
 If he be injured in his person, reputation, 
 or property, the law should provide for 
 him the same means of redress as for 
 any other member of the community : 
 and, with a discreet legislature, an equi- 
 table judge, or an impartial jury, it will 
 not appear a question of importance, 
 whether the plaintiff be a Jew, a Mus- 
 sulman, a Roman Catholick, or a Pro- 
 testant ; whether he be a Churchman or 
 Dissenter ; whether, except in relation to 
 
 the 
 
PERSONS AND PLACES. 1 89 
 
 tTie degree of damages in cases of defa- EssAYiy. 
 mation, he sustain a private or a publick 
 character. The acts of the legislature, 
 the decisions of the judge, or the verdict 
 of the jury, should award justice to 
 plaintiff and defendant, according to 
 the circumstances of the case, irrespec- 
 tive of the articles of their creed. 
 
 But, the dissenting minister's claim He has a 
 
 special 
 
 upon the maristrate far special protec- ciaimto 
 
 -•- ^-^ -"- ^ protection. 
 
 tion, while engaged in performing the 
 duties of his office, is one that merits 
 particular attention. 
 
 By special protection, I intend two Definition. 
 things : 1 st, that a heavier penalty 
 should be annexed to any act of outrage 
 against his person, or wilful interruption 
 of Divine worship when he is officiating, 
 than in ordinary cases of assault and 
 disturbance : and, 2dly, that greater fa- 
 cility of redress should be afforded him, 
 
 than 
 
igO ON LICENSING 
 
 ^vII^LU* ^^^^ ^y ^^^ customary procedure of the 
 
 law, in the c^ses of private individuals. 
 Why he The proprietv of extending: this dep:ree 
 
 should have x i . O & 
 
 such claim, ^f protcction to a dissenting minister will 
 appear from the following circumstances. 
 
 He isaser- {Je IS SerVlTlf^ the puhlicli. 
 
 vaut ot the ^ ^ 
 
 pubiick. Without incurring the charge of en- 
 
 thusiasm, we may venture to assert, that 
 a minister of the Gospel serves the 
 pubiick in an eminent way, and to an 
 
 Byenforc- extcnslvc dcocree. He is, professionally, 
 
 mg' mora- *-^ i. j 
 
 *'^^* the patron of morality, its advocate to 
 
 the world, an ensample of its nature 
 to the church, and, consequently, the 
 enemy of every sin : therefore, if mora- 
 lity be a pubiick benefit, as the Gospel 
 tends to promote good morals in society, 
 he, who is professedly '^ set for the de- 
 *^ fence of the Gospel S" must be an 
 
 eminently 
 
 (1) Phil. L 17. 
 
PERSOJSrs ANi) PLACES. IQi 
 
 eminently useful servant to the publick. Essay iv. 
 
 But, if we extend the idea yet further, By incul- 
 cating those 
 and take into the account the nature of principles 
 
 ■\\ hich guide 
 
 the Gospel message, its offer of deli- to eternal 
 
 A ^ happiness. 
 
 Tcrance from condemnation to eternal 
 misery, presented to sinful creatures, 
 whose guilt had incurred that awful pro- 
 scription ; and contemplate, as a final 
 result, the felicity of a glorified spirit, 
 the perpetuity of heavenly enjoyments, 
 and the immutable nature of Divine 
 love ; all present advantages shrink into 
 comparative meanness, and furnish us 
 with an admirable comment upon the 
 words of Paul: '' Now, then, we are am- 
 '' bassadors for Christ ; as though God 
 '^ did beseech you by us, we pray 
 ^^ you in Christ's stead, be ye reconciled 
 '' to God; For he hath made him to be 
 '' sin for us, who knew no sin, that we 
 '' might be made the righteousness of 
 
 ^' God 
 
192 ON LICENSING 
 
 Essay iv. ^^ God in him^" And, when we unite^ 
 in one view, the present with the ever- 
 lasting advantages, that are immediately 
 connected with the reception of the Go- 
 spel, human reason will feel constrained 
 to draw the inference, that he, who pro- 
 mulgates the Gospel in a nation, is emi- 
 nently serving the publick. 
 
 His office Again : His office exposes him to more 
 
 exposes him 
 
 to greater ff^^jj. Ordinary dans'er. 
 
 danger. ^ ^ 
 
 That, in every age of the world, a 
 spirit of persecution has existed in the 
 hearts of the vicious among mankind, 
 against those who were eminently pious, 
 is a fact too well authenticated, to need 
 particular proof, and of which the most 
 voluminous martyrologies present a very 
 insufficient detail. Numerous facts of 
 recent date, also, might be brought for- 
 ward, 
 
 (1) 2 Cor. V. 20. 21. 
 
PERSONS AND PLACES. IQS 
 
 ward, to Corroborate the observation; essay iv. 
 but, as the remark is generally admitted, 
 it is not necessarj to introduce those 
 proofs in the present connexion. 
 
 Now, if this sentiment be admitted, ^^^^^t be an 
 
 object of 
 
 the inference is plain ; that, if ministers ^ickeV'' 
 of the Gospel discharge the duties of 
 their office with fidelity, their eminent 
 piety will excite the malignity of their 
 wicked neighbours; and the conspicuous 
 situation, which they are called to occupy, 
 will expose them to an extraordinary 
 degree of antipathy from the enemies 
 of the cross. They are '' set for the 
 *' defence of the Gospel;" and^ in this 
 warfare, no less than in that which is 
 '' carnal," he who leads the van, must 
 encounter the most formidable opposi- 
 tion. In our day, racks and tortures, 
 with other sanguinary punishments, are 
 disused in religious controversy; but 
 
 o the 
 
IQ4 ON LICENSING 
 
 Essay IV. the disposition, that, in former ages, ex- 
 cited men to apply these cruel engines 
 of torture, still reigns in the breasts of 
 a numerous class in society; and the 
 opposition they express against Evange- 
 lical truth, proves, that we are indebted 
 to the existing laws, for the continuance 
 of peace in the exercise of religious 
 duties, rather than to a reform in the 
 principles and disposition of those, who 
 are '' enemies to the cross of Christ." 
 
 Peiseve- Hcrc it is worthv of observation, that. 
 
 ranee es- 
 
 hlscharrc- although thc rancour of the human heart 
 
 ter. 
 
 rises high against those who publickly 
 inculcate the humiliating and purifying 
 doctrines of the Gospel, the nature of 
 the Christian minister's commission con- 
 stitutes perseverance an indispensable 
 duty. The pious, disinterested minister 
 of Jesus Christ, must continue faithful 
 to his charge, and steady in executing 
 
 his 
 
PERSONS AND PLACES. 1Q5 
 
 his commission, even though he should, essaviv. 
 thereby, incur the obloquy of his neip'h- He must 
 
 •^ ' ^ '^ ^ not fear 
 
 hours, or even death at their hands. ''°"^^' 
 
 ^ quences* 
 
 Consequently, every effort to suppress 
 the exertions of such persons, unless 
 accompanied by their total extirpation, 
 must ultimately prove abortive. Having 
 embarked in the same cause with the 
 p-reat Apostle of the Gentiles, they desire Perseve-* 
 
 ^ -^ -^ ranee of 
 
 to feel animated by the same holy ardour, ^^ ^^""^^ ,, 
 
 -^ •^ ' nis example. 
 
 which produced that bold and energetick 
 exclamation : ^' But, what things were 
 *^ gain to me, those I counted loss for 
 '' Christ: yea, doubtless, and I count all 
 '^ things but loss, for the excellency of 
 ^^ the knowledge of Christ Jesus my 
 ''Lord^;" &c. Now, if preachers of 
 the Gospel be thus decided what line of 
 conduct to pursue, if conscience impel 
 them forward, in the arduous cause to 
 
 which 
 
 (1) Phil. iii. 7, 8. 
 
 o2 
 
196 
 
 ON LICENSING 
 
 Special 
 protection 
 granted to 
 other pub- 
 lick cha- 
 racters. 
 
 Es^AYiy. which their hearts are attached, and if 
 their exertions be conducted in a peace- 
 able manner, they merit that specifick 
 . degree of protection, which the pecuUar 
 exigencies of their circumstances require; 
 and more especially so, as those peculiar 
 exigencies arise out of the regular dis- 
 charge of their official duties. 
 
 Every officer of the law, while engaged 
 in discharging the duties immediately 
 connected with his office, is under the 
 special protection of those laws, which 
 he is administering. And thus, also, every 
 minister of religion, who is recognized 
 by the law, should be taken under 
 its more immediate protection. By his 
 conspicuous station, he is more exposed 
 to the malignity of the vicious, than men 
 in general. Hence, we derive an argu- 
 ment for the infliction of heavier penalties 
 on those by w horn he is molested. These 
 
 cases 
 
PERSONS AND PLACES. 197 
 
 cases will probably return more frequently essay iv. 
 in his experience, than in that of pri\^ate 
 persons ; and, consequently, his means of 
 redress ought to be more direct and speedy. 
 
 Another argument, in corroboration Policy of 
 
 STOvernment 
 
 of the preceding remarks, may be ^^ ^^^"''^ 
 
 the influ- 
 ence of 
 
 teachers. 
 
 deduced, from the weight of influence aSnting 
 which the dissenting minister throws into 
 the scale of loyalty. 
 
 As his influence in society is great, 
 and he voluntarily pledges his veracity 
 not to excite a spirit of disaffection to 
 the government, he is entitled to a par- 
 ticular degree of protection. Through 
 the mercy of God, tranquillity nov^ 
 reigns in Britain. We are not permitted 
 to become the prey of contending fac- 
 tions, nor to v^itness the return of those 
 days, when the whole body of the peo- 
 ple w^ere divided into two hostile parties. 
 While this has been the fate of almost 
 
 every 
 
IQS ON LICENSING 
 
 Essay IV. evciy countrj upon the continent of 
 Europe, the inhabitants of Great Bri- 
 tain have remained in a state of general 
 unanimity; and, hence, the degree of 
 influence of any particular class in the 
 community has not been brought to the 
 test. But, if we reflect upon the causes 
 already assigned for a dissenting mini- 
 ster's influence among his people, and 
 recur to the accession of Queen Mary 
 and King Charles the Second, and the 
 abdication of King James the Second, we 
 shall discover, in some of the occurrences 
 of those eventful times, a luminous illu- 
 stration of the sentiment. 
 
 illustrated When the Lady Mary, daughter of 
 
 in the case j »/ o 
 
 tST"" Henry the Eighth, retired into Suffolk, 
 after the decease of Edward the Sixth, 
 to levy troops to oppose the decision of 
 the Lords of the Council in favour of 
 Lady Jane Grey, she pledged her veracity, 
 
 to 
 
PERSONS AND PLACES. 199 
 
 to the Protestants in Norfolk and Suffolk, essay iv. 
 not to make any innovations upon the 
 reformed religion. Fox testifies the fact 
 in these words: '' To whom, first of all, Aided ^y 
 
 the Pun- 
 
 '' resorted the Suffolk men ; who, being opposin- 
 
 Lady Jdiie 
 
 ^^ always forward in promoting the pro- Grey. 
 *^ ceedings of the Gospel, promised her 
 ^' their aid and help, so that she would 
 '' not attempt the alteration of the reli- 
 ^' gion, which her brother. King Edward^ 
 " had before established by laws and 
 *' orders publickly enacted, and received 
 ^' by the consent of the whole realm in 
 " that behalf. Unto this condition she 
 ^' immediately agreed, with such promise 
 '' made unto them, that no innovation 
 ^' should be made of religion, as that no 
 ^' man would or could then have mis- 
 '' doubted her^" From this statement 
 
 it 
 
 (l) See Fox s Martyrs^, vol. iii. p. 15, 
 
200 ON LICENSING 
 
 ^l!fll>' it appears probable, that some of the 
 reformed preachers were among the first 
 ,adyocates of Queen Mary's cause. 
 
 All numerous bodies of men must have 
 leaders ; and, as a verbal compact was 
 entered into between the parties, and 
 the principal condition of their placing 
 her upon the throne appears to have 
 been, that no innovation should be at- 
 tempted upon the reformed religion, we 
 are led to suppose, that these conditions, 
 probably, were dictated by reformed 
 ministers. But the two following cases 
 bear yet more directly to the point 
 in question. 
 
 In the case At thc dcc^ase of Oliver Cromwell, 
 
 of Charles 
 
 the Second. |-]^g Disscntcrs were the ruling party 
 in the nation ; and to them is due 
 the praise of restoring the House of 
 Stuart to the throne of England. A con- 
 ference was held at Northumberland 
 
 House, 
 
 4 
 
PERSONS AND PLACES. 201 
 
 House, between General Monk, the ^^^• 
 
 Earl of Northumberland, the Earl of 
 
 Manchester, Hollis, Sir William Walter, 
 
 Lewis, and a few other eminent persons, 
 
 \\^ho were considered leading men in 
 
 the moderate Presbyterian party: and, at 
 
 this conference, the restoration of Charles 
 
 the Second was proposed in direct terms, 
 
 as indispensably necessary \ Rap in says Testified by 
 
 Rapin. 
 
 of the Parhament: '' It continued sitting 
 '' but twenty-five days; in which time 
 '' several jsteps were made, which clearly 
 ^^ discovered that they were by no means 
 '' disinclined to the king. For, 1st, They 
 '' ordered a general discharge of all the 
 ^^ imprisoned friends of the king. 2dly, 
 "^ They repealed the oath for the abju- 
 '^ ration of Charles Stuart and all the 
 " royal family. 3dly, They voted Monk 
 '' to be general of the armies of the three 
 
 '' nations. 
 
 (1) See Clarendon's Hist, of the Reb. vol. vi. p. 3/4. 
 
202 
 
 ON LICENSING 
 
 Essay IV. '' nations. 4tlily, They voted down the old, 
 '^ and appointed a new, council of state. 
 '' 5thly, They made great changes in the 
 '' militia, and took away all commissions 
 '' from the republicans. 6thly, They ab- 
 '' rogated the oath requiring to be faithful 
 '^ to the established government without 
 '^ a king and house of peers. Lastly, 
 " They dissolved themselves, issuing out 
 ^^ writs for a new parliament, to meet on 
 *' the 25th of April. In this free parlia- 
 " ment, the Presbyterians, who were 
 '' much superior in number, did not 
 '' think proper to exclude the Royalists, 
 '' with whom they were in perfect 
 '' agreement for restoring the king. This 
 '' parliament was an assembly, in which 
 " the Presbyterians had, certainly, a su- 
 '\ periority of voices. Consequently, a 
 '' Presbyterian parliament restored the 
 '^ king to the throne of his ancestors." 
 
 One 
 
 Presby- 
 terians the 
 predomi- 
 nant party. 
 
PERSONS AND PLACES. 203 
 
 One more quotation upon this question essay^. 
 may suffice. Hume testilies : ^'ThePres- Testified 
 
 •/ by Hume. 
 
 *' byteriansand the Royalists, being united, 
 ^^ formed the voice of the nation, which 
 '' called for the king's restoration. The 
 " king was almost entirely in the hands 
 '' of the former party : some zealous 
 '' leaders amongst them began to renew 
 ''^ the demand of conditions ; but the 
 '* general opinion seemed to condemn 
 '' these jealous capitulations with their 
 '^ sovereign^" Again: ''The king's neg- 
 " ligent ingratitude to the unfortunate 
 '' cavaliers admits of some excuse, as he 
 '' had been restored more by the efforts 
 ^' of his reconciled enemies (the Pres- 
 *' byterians), than of his ancient friends^." 
 And, when Charles the Second perceived inferred 
 
 also from 
 
 a prospect of returning to take possession Charles's 
 
 conduct 
 
 of the throne of England, he gave to 
 
 Protestant 
 
 (1) See Hume's Hist. vol. ii. p. 113. (2) Ibid. p. 15S. 
 
204 ON LICENSING 
 
 Esi^Yiv. Protestant Dissenters the most solemn 
 
 assurances of protection in the free 
 
 exercise of their rehgion. At Breda, he 
 
 solemnly promised ^' Liberty to tender 
 
 '' consciences, and that no man should be 
 
 ^^ disquieted for differences of opinion in 
 
 '' matters of religion, which did not dis- 
 
 " turb the peace of the kingdom ^" 
 
 Influence of When thc cpiscopal clergy were 
 
 kn^ild-e'd alarmed at the rapid advances of James 
 
 Episcopal!- the Second towards Popery, and began to 
 
 ans, at the 
 
 abdication fccl the conjscquences of his innovations 
 
 of James II. 
 
 upon the principles of the British con- 
 stitution, and the baneful effects of 
 the doctrines of Divine Right and Non- 
 resistance, w hich they themselves had so 
 vigorously promulgated, they solicited 
 the aid of Dissenters, to second their 
 own efforts in resisting the monarch, 
 who then appeared their most for- 
 midable 
 
 (l) See the Appendix to Towgood's Dissent. 
 
PERSONS AND PLACES. 205 
 
 midable enemy. Dr. Lloyd, bishop of essay iv. 
 St. Asaph, when passing through Os- 
 westry in Shropshire, sent for Mr. 
 James Owen, the dissenting minister, and 
 acquainted him with the invitation, 
 which had been privately sent, from 
 himself and other eminent men, to the 
 Prince of Orange: and, at this interview, 
 it is asserted, the bishop uttered the 
 following: memorable words : '' I hope ^^- ^loyd 
 
 ^ -"^ to the Rev. 
 
 ^' the Protestant Dissenters will concur '^•^^^»- 
 ^* in promoting the common interest ; 
 *' for you and I are brethren. We have, 
 ^^ indeed, been angry brethren ; but we 
 " have seen our folly, and are resolved, if 
 ^' ever we have it in our power, to shew 
 " that we will treat you as brethren.'* 
 Archbishop Sancroft, also, in a letter to 
 the clergy, about the same critical 
 period, exhorts : '' That they walk in 
 *' wisdom towards them who are not of 
 
 " our 
 
206 ON LICENSING 
 
 Es^AY ly. 'i our ftlie EpiscopalJ communion ; and, 
 
 sincroftto '' ^^ ^^^^^^ ^^ ^^ ^^^ parishcs mij such 
 the Clergy. ,, persons, that they neglect not, fre- 
 
 '' quently, to converse with them in the 
 '^ spirit of meekness, seeking, by all good 
 *' ways and means, to gain and win 
 '' them over to our communion; more 
 '^ especially, that they have a tender 
 ^' regard to our brethren, the Protestant 
 '' Dissenters; that, upon occasion offered, 
 '' they visit them at their houses, and 
 "' treat them kindly at their own, and 
 *' treat them fairly whenever they meet 
 ^^ with them; and, that they should 
 '^ request them warmly and affectionately 
 '' to join us in daily fervent prayer to 
 ^^ the God of peace, for an universal 
 '^blessed union of all reformed churches, 
 " at home and abroad, against our com- 
 
 mon enemy ^ 
 
 Uniting 
 
 (l) See NeaFs Puritans^ vol. iv. p. 591. 
 
PERSONS AND PLACES. 207 
 
 Uniting all these facts in one view, essay iv. 
 it appears hip'hlv problematical, whether conclusion 
 
 A i o V i from these 
 
 Queen Mary, King Charles the Second, testimonies.. 
 or William the Third, would ever have 
 swayed the British sceptre, if the body 
 of Protestant dissenting ministers of those 
 times had laid their weight of influence in 
 the opposite scale. Such was the situ- 
 ation of the political system, in the ages 
 to which we have referred; and such 
 the degree of influence which Protestant 
 Dissenters were capable of imparting. 
 But, in the present day, the dcp-ree of influence of 
 
 ' -»- *^ ^ Dissenters 
 
 their influence is not known ; and, I pray 
 
 now, far 
 greater 
 than at the 
 
 God that nothing may occur to provoke periods 
 
 mentioned 
 
 the experiment. The number of Dis- 
 senters is now incomparably greater than 
 in any preceding age, and their wealth 
 proportionate to their numbers^. 
 
 Another 
 
 (2) See Note XXV, 
 
20B ON LICENSING 
 
 Essay IV. Another argument, in support of our 
 Dissenting claiin for spccial protection, we derive, 
 
 minister -*- -"- 
 
 do"ef To'''^ fr^^^ the compact being more close, hetween 
 by\he^ ^ ^ licensed dissenting minister and the 
 
 oaths he 7/7 
 
 has taken, statc, than oetwecn the state and every 
 individual of the community at large. 
 
 Every individual subject in the nation 
 is considered to have virtually taken the 
 oath of allegiance ; yet, upon inductio n 
 to any office, it is deemed expedient for 
 him to confirm, by a positive transaction, 
 that which was before only virtual ; 
 and, this being performed with specifick 
 relation to the office, he is considered 
 more closely alUed to the state than in 
 his former capacity. To this remark it 
 may be objected, that his intimate con- 
 nexion with the state is maintained 
 through the medium of his office, and 
 not by the circumstance of having overtly 
 taken the oath of allegiance : yet, I 
 
 incline 
 
PERSONS AND PLACES. 20Q 
 
 incline to think, that even his obhgation essay iv. 
 to discharge the duties of his office with 
 fidehty, arises more immediately from 
 the solemn renewal of his allegiance to 
 the government, under which that office 
 is held, than from the original subsis- 
 tence of the social compact ; and, when- 
 ever the social compact is renewed by an 
 overt act, the knot is tied more closely. 
 Under these circumstances the subject is Heimsre- 
 
 cogTiized 
 
 bound, by the most eminent obligations, ^^Y^^'""" 
 to be loyal to the government ; and the ''^^^^' " 
 government is under equally powerful 
 obligations, to extend to that subject 
 special protection. Consequently, when 
 a dissenting minister solemnly avows 
 his determination, to preach nothing 
 inimical to the state, that act constitutes 
 a claim upon government, for special 
 protection while engaged in fulfilling 
 the duties of that office, which rendered 
 
210 ON LICENSING - 
 
 Essay IV. a renewal of the compact desirable in 
 
 the eye of the law. 
 conse- Further : the mischief, that arises 
 
 quences ot ' 
 
 sprJiai^ from abuse or assault against a minister 
 engaged in the duties of his office, is far 
 more extensive, than if the trespass were 
 committed against a private individual. 
 If a minister be interrupted during Divine 
 worship, the whole congregation are 
 reduced to a state of alarm and tumult ; 
 their devotions are suspended, or, perhaps, 
 entirely counteracted upon that occasion. 
 
 Tumult There is a hip'h decrree of probability, 
 
 would to to r J^ 
 
 ensue. \}[\2i\. somc of the cougrcgatiou would 
 defend the person of their teacher, even 
 though it were at the peril of their own 
 lives ; and, if the contending parties 
 were eqiially desperate, very serious con- 
 sequences might ensue. Such acts of 
 hostility, if not suppressed by the prompt 
 application of heavy penalties, might 
 
 excite 
 
PERSONS AND PLACES. ' 211 
 
 excite a spirit of discord and contention essay iv. 
 through the whole neighbourhood, or 
 divide, into two powerful parties, the vil- 
 lage, the town, or the city, where the 
 event occurred. Many of the parties, injured 
 
 party rr,ight 
 
 whose virulent animosity arainst religion """f "^^^"^ 
 
 ./ c5 o redress. 
 
 had betrayed them into these acts of 
 outrage, might not possess the means of 
 paying the expense of an action for an 
 assault, in the higher courts of law : 
 and, in this case, to subject the injured 
 party to the trouble and costs of prose- 
 cuting, as upon ordinary occasions, would 
 deter them from bringing the delin- 
 quents to justice, except in cases of pe- 
 culiar atrocity. And this circumstance Criminal 
 
 •^ party might 
 
 would be an additional stimulus w^ith ^.yj^"" 
 vicious men, w^ho were poor, to commit 
 such acts of outrage, in hope that po- 
 verty would be their license to act with 
 impunity. 
 
 p 2 Finallv: 
 
212 
 
 ON LICENSING 
 
 History. 
 
 E^AYiv. Finally: all the preceding consider a- 
 
 Profaneness tions are rendered more tueis^hty, by the 
 
 of inter- fe .!/' ^ 
 
 Tupting a profaneness tuhich the act manifests, and 
 
 minister. m j ,j ' 
 
 the impiety ivhich it implies. 
 
 Did the God of Israel smite fifty 
 
 thousand and seventy men of Beth- 
 
 shemah, because they looked into the 
 
 Illustrated aik, and thus profanely violated the 
 
 from Old ■*■ "^ 
 
 :^^stament sauctity of that glory, which dwelt 
 between the Cherubim* ? Was Uzzah 
 slain for an act of transgression nearly 
 similar^? Was king Uzziah smitten with 
 an incurable leprosy, for profanely in- 
 truding into the priest's office^ ? Is it 
 admitted, that the ancient temple was so 
 holy, that none but Levites might minister 
 therein, and none, who was ceremonially 
 unclean, presume to enter its sacred por- 
 tals ? and, may we not infer, from the 
 
 immu- 
 
 (1)1 Sam. vi. 19. (2) 2 Sam. vi. 7. (3)2 Chron. xxvi. I9. 
 
PERSONS AND PLACES. 213 
 
 immutability of the Divine nature, that essay iv. 
 any act of wilful disturbance of religious inferences. 
 worship, in the present day, is equally as 
 criminal as those profane innovations 
 upon the institutions of the Jewish dis- 
 pensation ? It was the presence of God, 
 which sanctified the ark, the altar, and 
 the temple : and He, who then dwelt 
 between the Cherubirn, has given, to 
 these latter ages of the world, the most 
 unequivocal testimony, that he is pre- 
 sent v/ith the worshipping assemblies of 
 believers. Christ said to the woman of 
 Samaria: ^^ The hour cometh, when ye our Lords 
 
 declara- 
 
 ^' shall, neither in this mountain, nor yet *^^"s, ?'^ 
 
 *^ worship- 
 
 ^' at Jerusalem, worship the Father."— ''^^"^'^' 
 ■" But the hour cometh, and now is, 
 *^ when the true worshippers shall wor- 
 '' ship the Father in Spirit and in truth ^." 
 
 And, 
 
 (4) Gospel of St. John^ vi. 23. 
 
214 
 
 ON LICENSING 
 
 EssAYn^ And, again : in one of his lectures to the 
 Disciples, he promised : "' Where two or 
 *' three are gathered together in my 
 '' name, there am I in " the midst of 
 '' them\" And, finally, in his last 
 charge to those, whom he had commis- 
 sioned to preach the Gospel, he saith : 
 '* Lo ! I am with you alway, even unto 
 ^' the end of the world ^." And, if the 
 Redeemer be present in all the assemblies 
 of those, who '' worship the Father in 
 '' Spirit and in truth," ^vhat act of pro- 
 faneness can equal that of wilfully inter- 
 rupting their devotions ? 
 
 Thus, the dissenting minister's claim 
 upon the magistrate for special protec- 
 tion, while engaged in performing the 
 duties of his office, is founded upon the 
 most extensive and immutable principles. 
 
 He 
 
 Summary 
 review of 
 the whole 
 ar^ment. 
 
 (1) Matt, xviii. 20. 
 
 (2) Matt, xxviii. 20. 
 
PERSONS AND PLACES. 215 
 
 He is eminently serving the publick : — essay iv, 
 his office exposes him to more than 
 ordinary danger : — his influence contri- 
 butes to the stability of the government : 
 — the compact between him and the 
 state is more intimate, than between the 
 state and private persons, who have not 
 actually taken the oath of allegiance : — 
 the mischief that arises from abuse or 
 assault upon a minister engaged in pub- 
 lick worship, is more extensive than in 
 ordinary cases:- — and all other claims 
 are consummated, by the sacred na- 
 ture of those duties in which he is 
 engaged. 
 
 In this view, the deliberations of the Present 
 
 st.ite of the 
 
 legislature of sixteen hundred and eighty ^^'^^* 
 nine, and their happy result, appear 
 generally to concur; for the Toleration 
 Act expressly provides : '' That, if any 
 '•' person or persons, at any time or times 
 
 '' after 
 
210 ON LICENSING 
 
 Essay IV. ^' after the tenth day of June, sixteen 
 Toleration '' hundred and eighty-nine, do and shall, 
 '^ w^iilingly, and of purpose, maliciously 
 - '' or contemptuously, come into any 
 '' cathedral or parish church, chapel, or 
 *' other congregation permitted by this 
 *^ act, and disquiet or disturb the same, or 
 '* misuse any preacher or teacher, such 
 " person or persons, upon proof thereof 
 '' before any justice of peace, by two or 
 '' more sufficient witnesses, shall find two 
 '/ sureties, to be bound by recognizance in 
 '^ the penal sum of fifty pounds ; and, in 
 " default of such sureties, to be commit- 
 " ted to prison, there to remain till the 
 *' next general or quarter sessions : And, 
 '' upon conviction of the said offence, at 
 '' the said general or quarter sessions, 
 '' shall suffer the pain and penalty of 
 ^^ twenty pounds to the use of the king's 
 " and queen's majesties, their heirs and 
 
 ^^ succes- 
 
PERSONS AND PLACES. 217 
 
 Thus the law consti- essay iv. 
 tutes an act of wilful disturbance of a its view of 
 
 distur- 
 
 \\^orshipping assembly, in a licensed ^f^^'^fg^g^of" 
 dwelling-house, where a licensed lay ^'''^' '^' 
 preacher is officiating, equally as crimi- 
 nal, as if the outrage were committed in 
 a cathedral, and during the ministrations 
 of a bishop. 
 
 III. I now proceed to prove, that t^icenses 
 
 ■*- •*- should be 
 
 licenses should be freely granted to all granted to 
 who apply for them, if their avowed principles^ 
 
 . , . . . ^^^ loyal. 
 
 principles do not militate against the 
 peace of society. 
 
 It is unnecessary to enumerate again 
 those principles, which constitute a man 
 unfit for a publick teacher^ and justify 
 
 the 
 
 (1) See the Toleration Act; entitled, '' An Act for 
 exempting their Majesties' Protestant subjects dissenting 
 from the Church of England, from the penalties of 
 certain laws." 
 
218 OlST LICENSING 
 
 essayiv. the magistrate in refusing a license. 
 These have akeadj been stated; and our 
 attention is now invited to consider the 
 proposition as qualified by exceptions al^ 
 ready expressed. 
 
 Fifst: First: The magistrate, in his judicial 
 
 ordination 
 
 notanob- capacitv, cauuot know any difference 
 
 ject of the -»^ *^ . "^ 
 
 i^'^hy^^^' between the ordained minister and the 
 lay preacher, arising exclusively out of 
 the circumstance of ordination. 
 
 Bishop and Thc cpiscopal clergyman, the ordain- 
 
 magistrate 
 
 derive their ^^ disscntinp* ministci', and the lay 
 
 power trom *~> •^ 
 
 latul?''' preacher, alike receive permission to 
 preach from the legislature. That 
 authority, which has entrusted to sub- 
 ordinate magistrates a power to grant 
 licenses to Dissenters, also vested in the 
 bishops the right of ordaining candidates 
 for* the ministry in the episcopal church : 
 consequently, a licensed Dissenter pos- 
 sesses, in a civil point of view, an equal 
 
 degree 
 
PERSONS AND PLACES. 219 
 
 degree of authority to preach the Go- essay iv. 
 spel, with the most dignified clergy- 
 man of the estabUshed chmch : and, as Therefore, 
 
 authority of 
 
 the constitution of that church acknow- telTheit 
 
 , , T ,^ ^ . . equal to 
 
 ledges the supremacy ot the sovereign m that of 
 
 Episcopa- 
 
 creating her ministers, and the authority iJans. 
 of the legislature in decreeing her cere- 
 monies, her creed, and even the perpetuity 
 of her existence, no consistent Episcopa- 
 lian can dispute the authority of a licensed 
 lay preacher to promulgate the Gospel, 
 since it is derived from the same source 
 as that of the archbishop. The circum- 
 stance of ordination is entirely extrane- 
 ous from the radical principles of the 
 social compact, which is the only basis 
 of good political economy. An English 
 Episcopalian considers all ordinations., 
 among Dissenters at home, and in foreign 
 Protestant churches, to be invalid; but 
 asserts the validity of that ordination 
 
 which 
 
220 
 
 ON LICENSING 
 
 Essay IV. which is Conferred by the Pope, or the 
 dignitaries of the Romish church ^ With 
 him, an ordained dissenting minister, and 
 a lay preacher, are, equally, no more than 
 pretenders to holy orders ; consequently, 
 for any member of the episcopal church 
 to advise the granting of licenses to or- 
 dained Dissenters, and to refuse to license 
 lay preachers, would amount to a gross 
 dereliction of his ov^n principles. 
 
 It is also v^orthy of notice, that the 
 means by w^hich nonconformist congre- 
 gations are replenished with ministers, 
 renders this plan of granting licenses, 
 irrespective of ordination, peculiarly ex- 
 pedient. Protestant Dissenters do not 
 train up youths from their infancy with 
 a specifick view to the ministry, and 
 resolve, that, whether they be pious 
 
 or 
 
 Means by 
 which dis- 
 senting 
 churches 
 are furnish 
 ed with 
 ministers. 
 
 (1) See Note XXVI. 
 
PERSONS AND PLACES. 221 
 
 or profane, their irrevocable destiny shall ^f^^- 
 be, to fill the Christian pulpit, and mini- 
 ster in the sanctuary. This is considered 
 an infringement upon the voluntary choice 
 of the youth, and an awful innovation 
 upon the nature of the sacred office. 
 It is left with the providence of God, 
 to bring forward suitable persons to , 
 occupy stations of eminence in dis- 
 senting churches ; with the conscience 
 of the individual, to determine whether 
 he be moved by the Holy Ghost, to take 
 upon himself the ministerial office ; and 
 with the body of the people, to invite that 
 man to be their pastor, whose talents 
 appear to them to be best adapted 
 for their edification. Hence it is, that 
 most dissenting ministers have, in early 
 life, been engaged in secular concerns ; 
 and, as they do not expect the miraculous 
 interposition of Providence, either to call, 
 
 or 
 
222 ON LICENSING 
 
 Essay IV. or to qualify them for the work of the 
 ministry, they conceive, that those ta- 
 lents, which are well adapted for the 
 sacred office, must be matured, by an ap- 
 plication to appropriate studies, and by a 
 gradually increasing degree of exercise in 
 
 Trials, &c. praycr and preaching. Upon this sy- 
 
 of Candi- 
 dates, stem, it becomes necessary for a young 
 
 man to exercise his gifts in publick in an 
 occasional manner, during one, two, or 
 three years, before his friends will ven- 
 ture to pronounce him qualified to enter 
 into any of the dissenting colleges, with 
 a view to qualif^^ himself for settling as 
 pastor over a congregation. In other 
 cases, if the man has a family, or some 
 other incumbrances, which prevent him 
 from entering upon a regular course of 
 preparatory studies, he may continue 
 many years, preaching to destitute con- 
 gregations, or in villages, and ultimately 
 
 settle 
 
PERSONS AND PLACES. 223 
 
 settle in the ministry: yet, in both these Essayiv. 
 cases, there would be a manifest impro- 
 priety in permitting these men to preach 
 without being hcensed, or to refuse a 
 license, and, by that act, to forbid their 
 preaching, under the pretext of their not 
 being ordained. 
 
 Secondly': to refuse licensing a secondly. 
 
 to rcfuSG cL 
 
 preacher, upon the ground of his not license, an 
 
 act of per- 
 
 being ordained, would be a positive act secutiou. 
 of persecution. 
 
 Such an act is not, in the smallest itinerants. 
 degree, essential to the security of the 
 state ; for lay preachers are under the 
 jsame regulations as ordained ministers : 
 they take the sam.e oath of allegiance, 
 and ought to be subject to the same 
 penalties upon the breach of their oath. 
 It cannot be shewn, that, as a body, they 
 are more disloyal than their ordained 
 brethren, or that they are in the habit 
 
 of 
 
224 ON LICENSING 
 
 Essay ly. of inculcating Unconstitutional politicks. 
 rfiTraTter of ^^ ^^^ authoF of thc prcscnt essay may 
 preachers, bc permitted to delineate their general 
 character, from the most impartial esti- 
 mate of those who have come under his 
 immediate observation^ it would be this : 
 They are men of unimpeachable moral 
 habits ; of friendly dispositions in social 
 life ; obedient as subjects ; rather above 
 the level of mediocrity in intellect ; 
 their hearts are imbued with a spirit of 
 universal philanthropy; and, that a por- 
 tion of time which their neighbours com- 
 monly devote to the perusal of news 
 and the discussion of politicks, they ap- 
 propriate to the important task of pre- 
 paring to instruct, in a plain perspicuous 
 way, the lower classes of society, at their 
 respective stations on the approaching 
 Lord's day. 
 
 What might ^^j. . ., , ., ^ 
 
 justify their Were it possible to prove, that the 
 
 suppression. 
 
 suppression 
 
PERSONS AND PLACES. 225 
 
 suppression of lay preaching is essential essav iv. 
 to the security of the state, or even, 
 that it would be a means of preserving 
 tranquillity, expediency might be admit- 
 ted to justify the measure ; but, till this 
 can be made evident, such an act must 
 be regarded, by all enlightened politicians 
 of the nineteenth century, as a criminal 
 innovation upon the freedom of con- 
 science, and a portentous usurpation of 
 the right of private judgement. 
 
 Itinerant lay preachers sacrifice many Their seif- 
 
 denial, &c, 
 
 of the comforts of life, and endure great 
 mortification, in quitting a comfortable 
 home, walking many miles, partaking of 
 no other repast than what they carry 
 \vith them, and, after preaching to a few 
 villagers, returning home almost exhaust- 
 ed, by the toils of the journey, their 
 publick exercises, and, sometimes, the 
 inclemency of the weather; yet, all 
 
 Q without 
 
226 ON LICENSING 
 
 Essay IV. without emolument, but not always with- 
 out enduring some species of persecution. 
 Prove they Let US caudidlv investiaiate these circum- 
 
 act from "^ '-^ 
 
 conscience, g^ances ; and thcu dccidc, whether there 
 appears to be any adequate stimulus to 
 these exertions, exclusive of the dictates 
 of conscience ; and, whether any thing 
 but the most disinterested love for the 
 souls of men, would induce itinerant 
 preachers to persevere in this course of 
 self-denial. Now, uniting these two sen- 
 timents, that the suppression of lay 
 preaching is not necessary to the tran- 
 quillity of the state, and, that these men, 
 who are engaged in the work of itinerant 
 preaching, are governed by the dictates 
 of conscience, we are immediately pre- 
 
 Theirsup- scutcd with the inference, that, to refuse 
 
 pression 
 
 would be an to liccnsc pcrsous of this description, 
 justice. ^-ould be an unprovoked act of persecu- 
 tion : and, its consequences would not 
 
 terminate 
 
PERSONS AND PLACES. 227 
 
 terminate in the individuals who were essayiv. 
 silenced, but would extend to all who 
 were in the habit of attending upon their 
 ministrations. By an act of this descrip- 
 tion, many thousands of peaceable, loyal 
 subjects would be deprived of those pri- 
 vileges, which they esteem more valuable 
 than life. 
 
 It may be further observed, that mi- a christian 
 
 minister 
 
 nisters of the Gospel are bound, from ^^st perse, 
 
 -L ' vere m the 
 
 the nature of their undertaking, to perse- orhis^Tutv, 
 
 vere in the faithful discharge of their betheperiL 
 duty, whatever be the consequences to 
 
 themselves. The subiects of their charp:e l^^^^'^jt. 
 
 -J c5 jects of his 
 
 are invaluable. Who can estimate the Lvafaabie. 
 value of a human soul ? It is an immortal 
 being, destined to exist in a state of hap- 
 piness or misery, through duration with- 
 out end. Here all comparison would . 
 shrink into meanness, and obscure the 
 dignity of the sentiment it was intended 
 
 Q 2 to . 
 
228 ON LICENSING 
 
 Essay IV. to iUustratc. Thc salvation of these im- 
 mortal beings, is the object of the Gospel 
 message; and he, who undertakes the 
 important ofGce of a Christian minister, 
 becomes responsible to the great Head 
 of the Church, for the manner in which 
 he discharges its duties. Wo to that 
 man, whose temporizing conduct leads 
 astray the people of his charge ! Wo to 
 that man, ivJiose cowardice in religion seals 
 his lips in silence, when the civil ruler 
 commands him to desist from preaching ! 
 Wo to that mg^n, w^ho subscribes himself 
 a minister of the everlasting Gospel, but, 
 like the hireling shepherd, abandons his 
 charge upon the approach of the grim 
 monster persecution ! 
 
 The duties Thc dutics of a call to preach the 
 
 of his office •*• 
 
 absohite. Gospel aic absolute in their nature ; and 
 God will enter into a strict and solemn 
 inquiry with every individual,, how those 
 
 duties 
 
PERSONS AND PLACES. 229 
 
 duties have been performed: See Ezekiel essay iv. 
 iii* 1 "{—2 1 . '' Son of man, I have made thee illustrated 
 
 by the 
 
 '' a watchman unto the house of Israel ; ^f GoTto'' 
 *' therefore, hear the word at my mouth, 
 *^ and give them warning from me. 
 *^ When I say unto the wicked, thou 
 ^^ shalt surely die, and thou givest him 
 '' not warning, nor speakest to warn 
 ^' the wicked from his wicked way, to 
 *^ save his life, the same wicked man 
 '' shall die in his iniquity, but his blood 
 ^' will I require at thine hand. Yet, if 
 '^ thou warn the wicked, and he turn 
 *' not from his wickedness, nor from his 
 *^ wicked way, he shall die in his ini- 
 *' quity ; but thou hast delivered thy 
 '' souL Again ; when a righteous man 
 '' doth turn from his righteousness, and 
 ^' commit iniquity, and I lay a stumbling- 
 *' block before him, he shall die; because 
 " thou hast not given him warning, he shall 
 
 " die 
 
230 
 
 OK LICENSING 
 
 Essay ly. '' die ill his sin, and his righteousness, 
 '' which he hath done, shall not be remem- 
 '' bered ; but his blood will I require at 
 ^' thine hand. Nevertheless, if thou warn 
 *' the righteous man, that the righteous sin 
 '' not, and he doth not sin, he shall surely 
 '' live, because he is warned; also thou 
 "• hast delivered thy soul." Such were 
 the tremendous obligations of an ancient 
 prophet, to be faithful in communicating 
 the message of Jehovah to the people of 
 Israel ; and, if possible, a higher degree 
 of responsibility attaches to every man, 
 who lays his hand to the Gospel plough. 
 Hence we infer, that no earthly power 
 can abrogate our obligations to be faith- 
 
 iVom their t i ^ . . . , 
 
 obligations fill in the discharge of ministerial duties. 
 
 to be faith- 
 
 *"*• When the decree of Darius interdicted 
 
 petitions to God and man for thirty days ^ 
 
 Daniel 
 
 No human 
 power can 
 absolve 
 ministers 
 
 (1) Daniefvi. 7. 
 
PERSONS AND PLACES. 23 I 
 
 Daniel presumed to break the decree, essay iv. 
 
 rather than violate the dictates of his infiedwe 
 
 perse- 
 conscience ; and God testified his appro- ^f^^^^'f 
 
 bation of the prophet's inflexible con- by God! 
 stancy in the practice of religious- duties, 
 by granting him an eminent deliverance 
 from^ death, by exciting the king to 
 confer upon him a large increase of 
 temporal honour, and by imparting to 
 him special discoveries of future events, 
 down to the advent of the Messiah. 
 And, if Daniel, who had no other charge 
 than his own soul, did not dare to 
 abandon the practice of daily prayer to 
 God, although death was pronounced, 
 by the irreversible laws of the jMedes 
 and Persians, as the certain consequence 
 of disobedience ; where is the pastor 
 of a church, who would venture to 
 abandon his people, or an itinerant 
 preacher, who would desist from pro- 
 mulgating 
 
232 ON LICENSING 
 
 Essay IV. mulgating the Gospel, if the civil power 
 were to command them to be silent ? 
 Such an abandonment of acknowledged 
 duty w^onld amount to an act of renun- 
 ciation of their allegiance to Jesus Christ, 
 and of confederation with his enemies. 
 *' He that is not with me, is against me ; 
 " and he that gathereth not with me, 
 '' scattereth abroad*/' is the infallible 
 testimony of Him, whom we w^orship, 
 as " over all, God blessed for evermore/' 
 Let us, then, for a moment, quit the 
 
 Prospect 
 of death 
 should ex- i i • r • 
 
 cite to per- prcscut sccuc, looK luto futunty, anti 
 
 severance. 
 
 cipate the revolution of fifty years, and 
 we instal our children, or, perhaps, a 
 third generation, in those departments 
 of life that we no^v occupy. And, surely, 
 w^hile we anticipate the speedy revolu- 
 tion of one half century, while we re- 
 flect 
 
 (1) Matt. xu. 30. 
 
PERSONS AND PLACES. , 233 
 
 fleet upon the high probabihty, that ere essayiv. 
 this given period arrives, we shall all be 
 reduced to dust and ashes, every minister 
 of the Gospel must feel an ardent desire 
 to be received, at the close of life, with 
 that exhilarating encomium of his Divine 
 Master : Well done, good and faithful 
 '' servant;" *' enter thou into the joy of 
 '^ thy Lord^." But tremendous is the 
 gloom which gathers over the ]'«st iiours 
 of that man, who has betrayed his mini- 
 sterial trust, to avoid a temporary penalty, 
 whether of property, liberty, or life. 
 
 When the inhabitants of earth have Prospect ot 
 
 judgement 
 
 numbered a few more returninp; sum- ^ stimulus 
 
 ^ to fidelity. 
 
 mers, the revolutionary periods of time 
 shall cease for ever. An angel shall de- 
 scend from heaven, and shall set his 
 right foot upon the sea, and his left foot 
 
 upon 
 
 (2) Matt. XXV. 23. 
 
234 ON LICENSING 
 
 ^sllflJU* upon the earth, and shall swear by Hirtl 
 that liveth for ever and ever, there shall 
 be time no longer ^ And, to corroborate 
 this testimony of the Apocalypse, we 
 read, 1 Thess. iv. l6. '' The Lord him- 
 ^' self shall descend from heaven, with 
 ^^ a shout, ^'ith the voice of the arch- 
 '" angel, and with the trump of God, 
 '' and the dead in Christ shall rise first.'* 
 All nations shall be assembled at his 
 tribunal : Adam, the universal parent of 
 our species, and all his posterity, whe- 
 ther of noble or of plebeian blood ; those, 
 whose mighty achievements have filled 
 the world with astonishment; and all 
 the countless millions of the human race, 
 who have lived in privacy, and crept to 
 their bed of earth unnoticed; all will 
 be present on that day of trial ; none will 
 
 appear 
 
 (l) Rev. X. 5, 6, 
 
i'ERSONS AND PLACES. 236 
 
 appear too insignificant to be deemed essay iv. 
 accountable, nor any too dignified to 
 stand arraigned at the tribunal of Jesus 
 Jehovah. In that eventful day, he will 
 reward faithful ministers with the richest 
 blessings of his heavenly kingdom : that 
 day will verify the declaration of Scrip- 
 ture ; '' They that be wise, shall shine 
 '^ as the brightness of the firmament; 
 *' and they that turn many to righte- 
 '^ ousness, as the stars for ever and 
 '' ever^." But the Redeemer will dis- The portion 
 
 of the un- 
 
 own those who have acted a dastardly ^^jthfui 
 part, by abandoning the post of their 
 ministerial duty, when it became a station 
 of danger. In vain, then, will they say, 
 '' We have eaten and drunk in thy pre- 
 '' sence, and thou hast taught in our 
 '' streets'^;" " and, in thy name we have 
 
 '* cast 
 
 (2) Daniel xii. 3. (3) Luke xiii. 26. 
 
 minister. 
 
236 ON LICENSING 
 
 EssAYiv. f^ cast out devils;" for he will profess 
 unto them, '' I know you not, whence 
 ''ye are^" Hence, also, he saith, 
 *' Whosoever, therefore, shall confess me 
 '' before men, him will I also confess 
 '' before my Father which is in heaven^." 
 
 Reward of fJow dcsirablc and excellent are the 
 
 the perse- 
 
 dm "enr."^ rewards annexed to a zealous and faith- 
 ful profession of our attachment to Jesus 
 Christ ! That day is at hand, when the 
 scoffer, the blasphemer, and the perse- 
 cutor, shall tremble and be dismayed ; 
 but faithful ministers of the Gospel will 
 then be honoured and caressed, as 
 friends of God, and favourites of the 
 Redeemer. Then shall '' the righteous 
 ^' appear more excellent than his fieigh- 
 /^ hour;" and then shall it be made ma- 
 nifest, that '' the path of the just is as 
 
 '' the 
 
 (1) Lukexiii.27. ' (2) Matt. X. 32. 
 
PERSONS AND PLACES. 237 
 
 '^ the shining light, that shineth more ^^^^• 
 '' and more unto the perfect day^." 
 Surely, these are considerations, calcu- 
 lated to fire the hearts of ministers Avith 
 love to God, and zeal for the souls of 
 men ; to make them bold in the cause 
 in which they have embarked ; and inde- 
 fatigable in their exertions, to dissemi- 
 nate the truths of the Gospel. 
 
 These exertions v^dll appear peculiarly The cir- 
 cumstances 
 necessary, if we look, with a philosophick of thepre- 
 
 •^ -*• -^ sent crisis 
 
 eye, upon the present aspect of religion traordLrry 
 and politicks. The current of professed 
 infidelity widens, and deepens, as time 
 advances. The eighteenth century was infidels. 
 productive of more infidels than any pre- 
 ceding equivalent number of years : yet 
 we find, that men of genuine piety also 
 greatly increase in number. A spirit of 
 
 investi- 
 
 (3) Prov. iv. 18, 
 
238 ON LICENSING 
 
 essayw. investigation and free inquiry generally 
 Spirit of prevails, which renders it necessary for 
 
 inquiry. •*• •' 
 
 every one to act a decided part : and, 
 surely, the duties of decision, firmness, 
 and constancy, devolve upon all who 
 preach the Gospel, with more than or- 
 important diuaiy claims. Great events are, every 
 
 pohtical 
 
 events. year, opening upon us ; events, which 
 appear to be but a prelude to others of 
 far greater magnitude ; to others, which 
 shall wind up the transactions of six 
 thousand years, and usher in the glorious 
 millennium. Hence, we are led to 
 expect, that the conflicting powers of 
 light and darkness will redouble their 
 energies, and strive for the mastery 
 with unprecedented vigour. Hence, 
 also, we are led to conclude, that 
 the steady, energetick, and courageous 
 discharge of ministerial duties, is pecu- 
 liarly necessary in the present crisis, and 
 
 highlf 
 
PERSONS AND PLACES. 2SQ 
 
 highly important, in the influence it sheds essay iv. 
 upon the. general interests of mankind. 
 Ministers of the Gospel should be emi- 
 nently '' followers of theii.^ who, through 
 *' faith and patience, inherit the pro^ 
 ^^ mises^ ; " of the glorious army of mar- 
 tyrs, who sealed the truth with their 
 blood, and heroically triumphed amidst 
 the flames ; of the two thousand vene- 
 rable ejected ministers, who submitted 
 to be expelled from the pulpits of the 
 episcopal church, rather than conform 
 to those rites, ceremonies, and practices^ 
 which they considered sinful, though en- 
 joined by the legislature. 
 
 Here a question may arise : What Persecution 
 
 oug-ht not 
 
 line of conduct conscientious ministers *''.^"^;''^ 
 
 ministers to 
 
 Qught to pursue, if laws were to be "ause. 
 enacted, forbidding, either all dissenting 
 
 ministers 
 
 (J) Heb. vi. 12. 
 
240 ON LICENSING 
 
 Essay IV. ministers to preach, or only lay preach- 
 ers ; or, forbidding to preach in an un- 
 licensed place ; and, at the same time, 
 refusing to license persons and places, 
 except under such security as the pro- 
 perty of the parties would not meet, or 
 under limitations to which their con- 
 sciences could not accede. What has 
 been advanced ought to outweigh every 
 consideration of temporal interest ; and, 
 if the evil genius of persecution were 
 to appear again, I pray God that we 
 might all be faithful to Him, who hath 
 
 They should called i^s to preach the Gospel. Under 
 
 continue 
 
 inflexible such circumstauccs, let us continue to 
 
 in the dis- 
 
 theh^dut ' preach : if fined, let us pay the penalty, 
 and persevere in preaching : and, when 
 unable to pay the fine, or deeming it 
 impolitick so to do, let us submit to 
 go quietly to prison, but with the reso- 
 lution still to preach upon the first 
 
 oppor- 
 
PERSONS AND PLACES. 241 
 
 opportunity, and, if possible, to collect essay iv. 
 a church, even within the precincts 
 of the gaol. He, who, by these zealous 
 exertions, becomes the honoured instru- 
 ment of converting one sinner unto 
 God, will find that single seal to his 
 ministerial labours, an ample compensa- 
 tion for all his sufFerinp;s. In this manner, p^^^'^ <^oa 
 
 stancy. 
 
 the venerable Apostle of the Gentiles both 
 avowed and proved his sincere attach- 
 ment to the cause in which he had em- 
 barked : '' The Holy Ghost witnesseth 
 ^' in every city, that bonds and afflictions 
 '' abide me : But none of these things move 
 '^ me ; neither count I my life dear unto 
 ^^ myself, so that I might finish my course 
 " with joy, and the ministry w^hich I 
 '^ have received of the Lord , Jesus, to 
 " testify the Gospel of the grace of 
 
 <^ God^." 
 
 ill 
 
 (1) Acts XX. 23, 24. 
 11 
 
242 ON LICENSING. 
 
 E^AY IV. In the early ages of Christianity, martyr- 
 Conduct of ^Qj^^ ^^3 considered an eminent honour; 
 
 the first 
 
 thrGospeK^ and many of the primitive Christians 
 thrust themselves upon the notice of their 
 heathen persecutors, that they might be 
 brought to suffer in the cause of that 
 Redeemer, whom they ardently loved. 
 In the present day, Christians in general 
 imcline to estimate such rash ardour as a 
 species of enthusiasm, and feel no dispo- 
 sition to court the horrors of persecution ; 
 yet, if such dark and tremendous days were 
 to return in this age of the world, mini- 
 sters should retain their stations; they 
 should be true to their charge; they should 
 continue their ministrations, each man in 
 his sphere, shining with all the lustre of 
 genuine godliness, to dispel the gloom in 
 which the nation would then be en- 
 veloped. If this line of conduct were to be 
 adopted, and acted upon with decision, the 
 
 ' = cause 
 
PERSONS AND PLACES. 243 
 
 cause of piety, of nonconformity, and of essaviv. 
 itinerant preaching, must eventually tri- 
 umph. All the gaols in the country would 
 speedily be filled : those houses of cor- 
 rection, which were erected for the chas- 
 tisement of the vicious in the community, 
 w^ould be replenished with thousands of 
 the most pious, active, and useful men in 
 the kingdom, whose characters are held in 
 general esteem. But, the ultimate result 
 of such despotick proceedings is beyond 
 the ken of human prescience: — probably, 
 appeals to the publick and the legislature 
 would teem from the press, and, under 
 such circumstances, might diffuse a revo- 
 lutionary spirit throughout the country. 
 
 IV. We are now to consider the pro- Propriety 
 
 of limitino^ 
 
 priety of limiting the privileges annexed feif^f\'i. 
 to Ucenses, to those persons v^^ho are ex- 
 clusively engaged in the ministry. 
 
 R 2 The 
 
244 ON LICENSING 
 
 EssAY^. The design of the legislative hody 
 
 objectfor jj^ sixteen hundred and eip-hty-nine, 
 
 ■vvbich these O J ' 
 
 prmieges ^^ granting exemptions to licensed dis- 
 
 granted . . , . 
 
 at first. sen ting ministers, *' from serving upon 
 " any jury, or from being chosen or ap- 
 '^ pointed to bear the office of church- 
 " warden, overseer of the poor, or any 
 " other parochial or ward office, or other 
 •'' office, in any hundred of any shire, 
 •' city, town, parish, division, or wapen- 
 '^ takeS" was to ease such persons of the 
 disagreeable necessity of fulfilling some 
 duties in civil life, which would expose 
 their persons to insult, degrade them in 
 the opinion of the populace, and greatly 
 encroach upon their regular ministerial 
 engagem.ents : also, to free them from 
 the claims of military duties, which are 
 totally incompatible with the nature of 
 
 their 
 
 (1) See Toleration Act. 
 
PERSONS AND PLACES. 245 
 
 their office, and the sanctity of the mini- ess ay iv. 
 sterial character. 
 
 This provision appears to be an act The duties 
 
 r II of the or- 
 
 of enhghtened poKcy, which anticipated ^fg^rrt™'' 
 the numerous evils that would unavoid- compa^'bie 
 
 . with those 
 
 ably arise out of an opposite measure, of the 
 
 constable's. 
 
 If a dissenting minister were liable to 
 the duties of parochial offices, he must, 
 sometimes, endure the company of the 
 most abandoned of mankind ; in other 
 cases, he must encounter the violence 
 of a riotous mob, or fulfil the painful 
 task of conveying a drunken man, or a 
 felon, to some place of durance : and, as 
 the claims of the law are paramount to 
 every other duty, his congregation might 
 be kept in a state of inactivity and sus- 
 pense, if any of these circumstances 
 should occur at the time appointed for 
 publick worship. Neither is it impro- 
 bable, that bad men would frequently 
 
 project 
 
246 
 
 ON LICENSING 
 
 Essay IV. 
 
 Also ■v\ith 
 the duties 
 of church- 
 ^/arden. 
 
 Also with 
 miUtia du- 
 t:ies. 
 
 Unable also 
 to provide 
 substitutes. 
 
 project occasions to prevent him from 
 the regular discharge of his ministerial 
 duties. 
 
 Again^ as to the highest situation of 
 parochial trust, every man must perceive, 
 that it would be a scene too ludicrous to 
 be endured, to behold the minister of the 
 Meeting-house fulfilling the duties of his 
 official situation as church-warden ; or, 
 to proceed further in the comparison, 
 surely it would severely harrow up the 
 feelings of all good men, to see a respect- 
 able dissenting minister compelled to 
 quit the people of his charge, and join 
 the ranks of a militia regiment : yet all 
 these cases might occur, if the minister 
 and the people were too poor to provide 
 substitutes. 
 
 Dissenting ministers are, in many 
 places, very incompetently rewarded for 
 their services: they have forsaken their 
 
 secular 
 
PERSONS AND PLACES. 24/ 
 
 secular business, to give themselves up ^^^"^• 
 to the work of the ministry, and, not 
 being possessed of independent fortunes, 
 they must subsist upon the salary arising 
 from their office : and, to the shame of 
 many congregations, it must be acknow- 
 ledged, that their ministers are kept in 
 a state of indigence, from their early to 
 their latest years ; and, consequently, 
 they would be unable to provide a sub- 
 stitute to meet either military or paro- 
 chial claims. 
 
 But, whether a dissentins; minister Their pub- 
 
 ^ lick ser- 
 
 be in indigent or opulent circumstances, eJfem^^^'^*. 
 such exemptions are merited by his 
 publick services : few^ classes in society 
 labour with more unremitted assiduity : 
 many ministers preach five, six, or seven 
 times every week; visit their hearers 
 frequently ; are connected with nume- 
 rous charitable institutions ; have to 
 
 super- 
 
 H 
 
248 ON LICENSING 
 
 EssAviy. superintend the internal government of 
 their churches ; to study their sermons 
 in private ; with various other pubUck 
 and ordinary duties. The exertions of 
 the tradesman, the merchant, and the 
 artist, are entirely directed to their own 
 emolument ; but those of the minister 
 are for the benefit of others : yet, while 
 he receives an inconsiderable stipend, that 
 is scarcely sufficient for the subsistence 
 of his family, men, who do not possess 
 one tenth part of his talents, but are 
 placed in other departments of civil 
 life, can accumulate competent fortunes 
 for their children. 
 
 inierence Thcrcfore, unitinp" these three T3ro- 
 
 from the ^ ■*■ 
 
 whole. positions ; That the duties of civil and 
 military offices are incompatible with 
 the duties of the ministerial office; That 
 a large number of dissenting ministers 
 are unable to provide substitutes ; and. 
 
 That 
 
have no just 
 claim to 
 exemptions. 
 
 PERSONS AND PLACES. 240 
 
 That their disinterested pubhck services essayiv. 
 present an equitable claim for exemption ; 
 we must draw the conclusion, that the 
 provision now allowed by the Toleration 
 Act is both just to the individual, and 
 politick for the state. 
 
 But this equitable exemption should J'^iner/mt 
 
 -•- J- preacners 
 
 be guarded from abuse. Most of the claim to 
 circumstances, whjch are adduced in 
 favour of exempting those persons \vho 
 are exclusively engaged in the ministry, 
 have no application to preachers, who 
 transact secular business. The publick 
 does not attach any peculiar sanctity to 
 their character ; and, consequently, were 
 they to be seen fulfilling some dis- 
 agreeable duty connected with a parochial 
 office, they would not experience a dimi- 
 nution of any part of that respect, 
 which their friends or neighbours com- 
 monly express. They have not, in general, 
 
 standing 
 
 !■] 
 
250 
 
 ON LICENSING 
 
 Essay IV. 
 
 Derives his 
 support 
 from busi- 
 ness; 
 
 His services 
 only occa- 
 sional. 
 
 Standing engagements ; and thougli, 
 sometimes, a circumstance might occur, 
 to prevent their fulfilhng an engagement 
 to preach, perhaps those circumstances 
 would occur scarcely more frequently 
 than sudden indisposition, and particu- 
 larly as evil- disposed persons could not 
 concert such hindrances ; because an 
 itinerant preacher's engagements are 
 neither regular nor local. His ability, 
 also, to provide substitutes, is equal to 
 that of his neighbours : he depends upon 
 his secular calling, to provide means of 
 support for himself and family : and, to 
 the same source he should look for provi- 
 sion against those taxes w^hich the law 
 imposes, whether they require personal 
 duty, or pecuniary contributions. Neither 
 will the plea of his publick services avail, 
 since these are very precarious. Some 
 persons, who preach occasionally, do not 
 
 engage 
 
PERSONS AND PLACES. 251 
 
 engage more than once, in two, three, essay iv. 
 or four months; while others preach 
 almost every Lord's day. From these, 
 and various other considerations, which 
 will immediately occur to the Reader, 
 the propriety of limiting the exemptions 
 attached to licenses, to those who are 
 exclusively engaged in the ministry, will 
 be evident. 
 
 Let us now turn from comparing the fi^^si^lff 
 
 1 ' r 1 1 -1 1 unlimited 
 
 clanns or regular and occasional preach- exemption, 
 ers, to investigate the probable conse- 
 quences of allowing exemptions to every 
 one who obtains a license. Would it not 
 present an almost irresistible temptation to 
 men of lax principles, to obtain this kind 
 of protection from the expense of pro- 
 viding substitutes, or the more distressing 
 case of being necessitated to serve in 
 person ? And, when the nature of the 
 evasion became generally understood, 
 
 is 
 
252 ON LICENSING 
 
 Essay IV. [^ [^ uot probablc, that a very consi- 
 derable number of unprincipled persons 
 would avail themselves of the privilege, 
 to defraud the community of their ser- 
 vices ; and thus, ultimately, men of in- 
 tegrity would become the sufferers ? in 
 which case, the character of a preacher 
 would be generally execrated, and re- 
 ligion incur a very serious odium, 
 through the indefinite grant of a privi- 
 lege, which is the equitable right of a 
 certain class in the community. 
 
 Proposition To Qualify this evil, it has been sug- 
 
 to remedy 
 
 the evil. gested, ^' That, to assure his Majesty, 
 '' by respectful addresses to the throne, 
 ^' that the different classes of separa- 
 ^^ tists w^ill exclude from their societies 
 '^ every person who shall be guilty of 
 '^ evading the common duties of a subject, 
 ^^ by a flagrant abuse of the Act of Tole- 
 ^^ ration, might satisfy government, that 
 
 '' no 
 
PERSONS AND PLACES. 253 
 
 '' no such abuses are sanctioned by them ; ^^11^^' 
 ^* and induce the legislature to reject 
 *^ restrictions, which must operate as 
 ^^ punishments upon those, who are not 
 ^^ guilty*." 
 
 But this proposal does not appear objections, 
 to meet the case : the question is not, 
 whether persons, in communion with 
 any dissenting congregation, are guilty 
 of these abuses, but, whether the law, 
 in an undefined state, may not be per- 
 verted to such purposes, by many hun- 
 dred persons, who never were united to 
 any congregation of Dissenters. And, 
 again, it is worthy of notice, that if 
 any person in communion with a dis- 
 senting church was detected in a fraud 
 of this description, the act of excluding 
 him from their communion would neither 
 
 deprive 
 
 (1) See Evangelical Magazine for 1S00> p. 481. 
 
254 ON LICENSING 
 
 Essay IV. deprive him of the benefit he had 
 obtained by his chicanery ;, nor expose 
 him to any other penalty. 
 
 It has been judiciously observed, in a 
 
 Second pro- popular disscntinp' publication: '' If the 
 
 position. X J- ox 
 
 '' distinction between protection and pri- 
 ' ' vilege be duly observed, there vrill be no 
 '' great difficulty in avoiding the abuse of 
 '^ toleration, and, at the same time, pre- 
 '' serving the Act of Toleration inviolate. 
 " Let all preachers be protected in 
 '^ their religious exercises, from injury 
 " and insult ; but, let the exemptions 
 '' be made, 1st, in behalf of stated 
 " ministers ; 2dly, of those who 
 ^^ have been such, but are now dis- 
 ''abled; 3dly, of students, who are 
 " preparing for the work of the mi- 
 '' nistry^" 
 
 These 
 
 (1) See Evan. Mag. iSOQ. p. 378. 
 
PERSONS AND PLACES. 255 
 
 These limitations appear to include all Essay iv. 
 who have an equitable claim for privilege, 
 arising from a license to preach : but, if 
 the legislature be disposed to grant the 
 same indulgence to all who are engaged 
 in the work of preaching the Gospel, 
 provided the law be not abused, to the 
 purposes already stated, perhaps the 
 best means of meeting both difficulties 
 would be, to require every man, who Third pro- 
 
 positiiin. 
 
 claims exemption under the sanction of 
 his license, to produce a certificate, signed 
 hy three of the acting men of that 
 place, or of those places, where he has 
 officiated, of his having preached, at 
 least tivelve times icithin the last twelve 
 months. This would not meet the case 
 of disabled ministers ; but, generally, 
 those circumstances, which disable a 
 man from preaching, would be admitted 
 as a natural disqualification for office. 
 
 Thu.'^ 
 
256 LICENSING PERSONS AND PLACES. 
 
 Essay IV. Thus thc pcrversioii of the law might 
 be prevented, and its privileges be ex- 
 tended to all v^ho obtain licenses from 
 disinterested motives. 
 
25; 
 
 Essay V. 
 
 ON THE LIBERTY OF THE PRESS. 
 
 TovKsvQspov S' hjislvo, si ri; QsKsi '7r6\si 
 XpyjcTToy Ti l3o6>\.svy,* sis /^sVov (pspsiv, sx^v. 
 
 Eur^ipides. 
 
 X HE name of Sir William Blacks tone essay v 
 is an authority of p;reat weight, in ques- lutroduc- 
 tions upon English law. Whether he '''''^^'• 
 did not, however, in some instances, 
 accommodate his opinion, upon the poli- 
 tical transactions of the dav in which he 
 lived, to the views and designs of the 
 court; and, with a degree of pusillani- 
 mity, equally unworthy of his eminent 
 s station, 
 
racter. 
 
 258 ON THE LIBERTY 
 
 Essay V. station, and of his general character as 
 a lawyer, depart from the rigid principles 
 of equity, to sanction a corrupt ministry 
 in their attempts at innovation upon the 
 liberty of the subject, may be considered 
 
 Black- highly problematical^. But, even if the 
 
 stone's cha- 
 
 fact of his temporizing be admitted, the 
 authority of his Commentaries upon the 
 Lav^s of England must remain unim- 
 peached. The radical principles of many 
 laws are ascertained with precision ; the 
 general boundaries of liberty among the 
 people, and prerogative in the sovereign 
 power, are accurately delineated; and 
 the complex nature of the legislative 
 body, with the specifick rights of each 
 department, are perspicuously explained. 
 Hence it may be fairly inferred, that 
 this work ranks among the best concise 
 
 systems 
 
 (l) See Jmiius's Letters, No. 1J. 
 
OF THE PRESS. 259 
 
 systems of English law; and, perhaps, essay v. 
 is the most correct epitome of the Bri- 
 tish Constitution. With an extract irom 
 this learned author, I shall preface the 
 following sections of this Essay. 
 
 '' The liberty of the press is, indeed, Hisobser- 
 
 ^ ^ vations on 
 
 '^ essential to the nature of a free state: ^^^^^'^«''^y 
 
 ' ol the press. 
 
 ''but this consists in laying no previous 
 '' restraints upon publications, and not 
 '' in freedom from censure for criminal 
 '' matter when pubhshed. Every free- 
 '' man has an undoubted right to lay 
 *' what sentiments he pleases before the 
 '' publick ; to forbid this, is to destroy 
 '' the freedom of the press ; but, if he 
 *' publishes what is improper, mischie- 
 '' vous, or illegal, he must take the 
 *' consequence of his own temerity. 
 '' To subject the press to the restrictiv^e a licensed 
 
 press disap- 
 
 '' power of a licenser, as was formerly p^-o^ed'oy 
 *' done, both before and since the Revo- 
 s 2 '' lution. 
 
26o 
 
 ON THE LIBERTY 
 
 Essay V. '<- lution, IS to subject all freedom of 
 '' sentimeat to the prejudices of one 
 ^' man, and make him the arbitrary and 
 '' infaUible judge of all controverted 
 '' points, in learning, religion, and goyern- 
 '■' ment. But to punish (as the law does 
 " at present) any dangerous or offensive 
 *' writings, which, when published, shall, 
 '' on a fair and impartial trial, be ad- 
 ^' judged of a pernicious tendency, is 
 *' necessary for the preservatian of peace 
 '^ and good order, of government and 
 ^' religion, the only solid foundations of 
 
 Freedom of a ^^^r\\ hbertv. Thus thc will of indivi- 
 
 the press to ^ 
 
 guished"" '' d^^ls is still left free ; the abuse, only, 
 aWofit. " of that free w^ill, is the object of legal 
 " punishment. Neither is any restraint, 
 '' hereby, laid upon freedom of thought 
 "• or inquiry: liberty of private sentiment 
 '' is still left : the disseminating or 
 '•' making publick of bad sentiments 
 
 ^^ destruc- 
 
OF THE PRESS. 
 
 261 
 
 " destructive of the ends of society is the es^ayv. 
 
 '' crime which society corrects. A man 
 
 *' (says a fine writer on this subject) maj'- 
 
 '' be allowed to keep poisons in his closet, 
 
 '' but not publickly to vend them as 
 
 " cordials. And to this we may add, 
 
 '' that the only plausible argument hereto- 
 
 '' fore used, for the restraining the just 
 
 •^ freedom of the press, ' That it w^as 
 
 '' necessary to prevent the daily abuse of 
 
 '' it/ will entirely lose its force, when it 
 
 '' is shewn (by a seasonable exertion of 
 
 '' the laws) that the press cannot be 
 
 ^' abused to any bad purpose, without 
 
 '^ incurring a suitable punishment: 
 
 *' whereas, it never can be used to a good 
 
 ^^ one, when under the control of an 
 
 '' inspector. So true will it be found, 
 
 " that to censure the licentiousness, is to 
 
 '^ maintain the liberty of the press \" 
 
 In 
 
 (1) See Blackstone's Commentaries^ Book IV. chaD, 11. 
 
262 
 
 ON THE LIBERTY 
 
 General 
 divisions of 
 the Essay. 
 
 Es^AYj^. In pursuing this subject, we shall 
 
 investigate-— The general uses of the 
 liberty of the press : — The abuses to 
 which a free press is liable: — The bound- 
 aries, by which its licentiousness should 
 be restrained: — -The equity of trial and 
 sentence by jury, in prosecutions for 
 libel : — and the particular influence of 
 the liberty of the press in promoting the 
 cause of true religion. 
 
 Uses of a • SeCTION I. 
 
 tree press. 
 
 On the gejieral uses of the liberty of the Press. 
 
 From that splendid period in which 
 Christianity ascended the throne of the 
 Roman Empire, in the person of Con- 
 stantino the Great, the purity of primitive 
 doctrine, and the simplicity of primitive 
 worship, as well as the general piety 
 of the ministers of religion, gradually 
 declined, till they became entirely im- 
 mersed 
 
GF THE PRESS. 203 
 
 mersed in ignorance, superstition, and essay v. 
 profligacy. 
 
 This awful decline of true religion 
 
 Illustrated 
 in the 
 
 in the world carried with it almost every christu'' 
 vestige of civil liberty, of classical litera- 
 ture, and of scientifick knowledge; and, 
 it will be generally found in experience, 
 that they must all stand or fall together. 
 Encroachments upon religious liberty 
 gradually increased, till even the name 
 of liberty of conscience was exploded, 
 and the doctrine of implicit faith in the 
 decrees of the church universally in- 
 culcated. At this period, science, lite- 
 rature, and civil liberty, lay buried in 
 the grave of piety; and, as they all 
 sickened and died together, their revivi- . 
 fication has been both analogous and 
 cotemporary. 
 
 Among the most considerable means Tiie resto- 
 ration of 
 
 of restoring these inestimable blessings ^^^'"^^"^' 
 
 to 
 
264 ON THE LIBERTY 
 
 ^11^13' ^^ society, we must include the art of 
 Printing, and that degree of liberty, 
 which has been allowed in the use of 
 
 Liberty of thc Drcss. Libcrtv of the press dissemi- 
 
 the press j x 
 
 knmvfed^e ^^^^^^ koowlcdge ; and, when knowledge 
 is widely diffused, it is a vain act of 
 presumption, to attempt to retain men 
 in abject, civil subjection ; and equally 
 absurd, to require their assent to pro- 
 positions in religion, which neither their 
 understandings nor consciences can ap- 
 prove. But, if the articles of faith, to 
 which our assent is required, be of Divine 
 origin, they will appear to advantage, 
 in consequence of the general extension 
 of knowledge : and, should the political 
 principles of that constitution, which we 
 are required to recognize as our own, 
 be Vv ell constructed, and brought to act 
 in unison, our attachment to it, as the 
 source of our social happiness, and our 
 
 admiration 
 
> roves 
 men's 
 under- 
 standing-. 
 
 OF THE PRESS. 260 
 
 admiration of it, as a philosophical system, essay v. 
 ^11 daily increase, as new light is ad- 
 mitted into our understandings. 
 
 Another benefit that accrues to society impr 
 from the liberty of the press, appears 
 in the degree of intellectual improvement, 
 that will invariably be found to result 
 from this property of a free constitution. 
 The intelligence that it communicates, 
 and the consequent degree of intellectual 
 improvement w^hich men derive from 
 its communications, are not confined 
 to the elevated ranks in society, but 
 extend to every class in the community. 
 We have need only to contrast the ser- illustrated 
 
 *^ from those 
 
 vile character of the French and Spanish thatTave 
 nations, under their ancient, despotick the press. 
 governments, with the general patri- 
 otism of the English nation, and we 
 have an impressive illustration of the 
 uses of a free press. Let us carry on 
 
 the 
 
266 ON THE LIBERTT 
 
 Essay V. thc comparison ; and let France, Spain, 
 Italy, and every other nation on the 
 continent of Europe, under a despotick 
 government, produce a list of the 
 v^^orthies, who have appeared among 
 them, in any of the departments of lite- 
 rature and science, from the different 
 periods v^hen the free publication of 
 sentiment vras prohibited in those coun- 
 tries : let them detail the discoveries 
 w^hich have been gained, or shew the 
 advances that have been made by the 
 body of the people toward civilization 
 of manners, ease in pecuniary circum- 
 stances, or felicity in domestick and 
 social life, and they will appear infinitely 
 deficient of those attainments which dis- 
 tinguish their free neighbours in England 
 
 Compared Q^d tlic United Provinces. Let an im- 
 
 with those 
 
 that have partial obscrvcr investigate the state of 
 literature in the English, Scotch, and 
 
 Dutch 
 
OF THE PRESS. 26; 
 
 Dutch Universities, and the general essay v. 
 dissemination of knowledge among the 
 people : let him contemplate the associ- 
 ations that are formed, to cultivate the 
 liberal arts ; the encouragement that is 
 awarded to scientifick discoveries; and 
 the degree of information upon general 
 subjects, which is diffused throughout 
 these countries : and a conviction of the 
 tendency of a free press to cultivate 
 the intellectual powers of all classes in 
 society, will deeply penetrate his breast, 
 and produce a frank testimony of its 
 utility. 
 
 Liberty in declarinp; our sentiments Fi-eepres^ 
 
 •^ ^ aids the 
 
 naturally promotes free discussion ; and of'^^utb^ ' 
 free discussion inevitably tends to the 
 developement of truth. This may occa- 
 sion some innovations upon the political 
 system; but they will strengthen, rather 
 than demolish, the edifice of the Con- 
 stitution. 
 
268 
 
 ON THE LIBERTY 
 
 Ascertains 
 the bound- 
 aries of 
 liberty. 
 
 essayv. stitution. If its weaknesses be detected, 
 that circumstance will present an occasion 
 to wise men, for supplying those defects, 
 by principles of an indestructible quality. 
 Thus the great political fabrick would 
 receive constant accessions of beauty and 
 strength, till it was rendered proof against 
 all the hotile attacks of faction. By free 
 discussion, the necessary boundaries of 
 liberty are ascertained, and our obli- 
 gations to obedience become generally 
 understood. These discoveries v^ill not 
 only lead every man to advance a claim 
 for that degree of liberty, to which he 
 is equitably entitled, but they will also 
 deepen in the mind a conviction of the 
 duty we owe to governors, and render 
 a large majority of persons in the nation 
 
 liiustrated obcdient from principle. 
 
 from Eng- 
 
 lishhistory ll2id thc English, as a nation, been 
 
 at the time O ^ ^ 
 
 Rithts^of as illiterate, at the period when Paine's 
 
 Man ap- 
 peared. 
 
 Rights 
 
OF THE PRESS. 209 
 
 Rights of Man appeared among them, essayv. 
 as the French were prior to the destruc- 
 tion of the Bastile, probabihty seems 
 to favour the conjecture, that Thomas 
 Paine, and a few of his revolutionary 
 coadjutors, w^ould have involved this 
 country in similar miseries to those, 
 which the chicanery of the Parisian 
 Jacobinical Club brought upon our de- 
 voted neighbours ^ In England, revolu- 
 tionary principles were investigated by 
 a people accustomed to the exercise of 
 reason ; and, hence, while many con- 
 sidered a reform expedient, the majority 
 reprobated the most distant allusion to 
 a subversion of the government. But Also, in the 
 
 history of 
 
 in France, the servile condition of the France, at 
 
 the Revo- 
 
 people, the despotism of the monarchical ^''^"^'^" 
 power, the restraint which was laid 
 
 upon 
 
 (1) See Note XXVII. 
 
(5n the liberty 
 
 upon publick discussion, the prohibition 
 of all books which were not sanc- 
 tioned by the authority of the cabinet 
 of St. Cloud, all concurred to facili- 
 tate the designs of the democratical 
 party, and to render the subversion of 
 their ancient government fatal to all 
 classes of the community. Hence we 
 infer, that, by granting the free exercise 
 of the press, the reasoning powers of 
 men will be cultivated, and thus the 
 publick mind will be fortified against 
 the insidious attacks of sophistical poli- 
 ticians. The free enjoyment of all 
 constitutional privileges will engage the 
 affections of the people on behalf of the 
 government, and insure their steady 
 allegiance to the executive department, 
 in its administration of the laws. 
 
 A free press is the grand medium of 
 Spoutfcri circulating throughout the country a 
 
 know- 
 
 Free press 
 interests 
 
 pol 
 transac 
 tions. 
 
OP THE PRESS. 2/1 
 
 knowledge of the condition of the essay v. 
 pohtical department, and of presenting 
 to the nation an impartial statement of 
 all occurrences that have a political ten- 
 dency. By these means, every man is 
 excited to feel a personal interest in the 
 transactions of government, to investigate 
 the leading circumstances of every im- 
 portant event, and to form his own 
 judgement of the principle actors. Thus, 
 by communicating to the nation a know- 
 ledge of political transactions, through 
 the medium of an unrestricted press, 
 publick men are restrained, by the dread 
 of disclosure, from some of those atroci- 
 ties, w^hich many would commit, if they 
 were sure no " babbhng tongue would 
 '' ever tell the deed," or no prying eye 
 ever trace it out. 
 
 By the freedom of the press, the Pubiickare 
 
 thereby 
 
 publick are constituted a tribunal, to made the 
 
 grand tri- 
 
 which ''™^'- 
 
272 OuS THE LIBERTY 
 
 Essay V. which wc may appeal, as a last resort 
 upon the merits of any case : and of 
 all others, this is decisively the most im- 
 partial. Dr. Reid, in laying down the 
 preliminaries upon which he intended to 
 erect his metaphysical structure, consi- 
 ders the common sense of mankind to be 
 a foundation, which would, of all others, 
 best resist the undermining efforts of 
 sceptical philosophers. And, in politicks, 
 we cannot reject the principle, without 
 grossly insulting the understandings of 
 the majority of persons in the commu- 
 
 Equity of j^\tj^ Whether it be a question, therefore, 
 upon the constitution, or an investigation 
 of the manner in which some depart- 
 ments in the state are filled, or an appeal 
 from the decision of our courts of 
 judicature, if all circumstances be laid 
 before the publick, we must consider 
 them to be the most impartial umpire 
 
 upon 
 
OF THE PRESS. 273 
 
 upon the case ; since reason dictates the essay v. 
 sentiment, that the common sense of 
 
 the nation is seldom erroneous. Right of 
 
 In coincidence with this principle, the intimately 
 
 connected 
 
 law allows to the people the right of with a free 
 petitioning his Majesty or the Parliament, 
 for the institution of an inquiry into any 
 abuses, which they believe to exist in the 
 executive departments of the state ^: and 
 the people have, upon many occasions, 
 exercised this right, when nefarious 
 transactions have been brought to light, 
 or acts of publick injustice sanctioned by 
 connivance. 
 
 Having thus, briefly, descanted upon 
 some of the uses of the liberty of the 
 press, it is necessary to observe, that its 
 particular influence upon religion has 
 been designedly kept in the back ground; 
 
 as 
 
 (1) See Note XXVIII. 
 T 
 
274 ON THE LIBERTY 
 
 ^AY V. as the importance of that subject, and 
 its more immediate connexion with the 
 object of this essay, render it worthy of 
 a distinct section, to which all preceding 
 remarks ought to be little more than an 
 extensive introduction. 
 
 SECTiaN II. 
 
 Abuses ot 
 
 a free press. •ai /.y n t> ' t t i 
 
 On trie abuses to wkick a free rress is liable. 
 Profaneness Ouc gross abusc of liberty, in freely 
 
 thereby 
 
 propagated, publishing our sentiments to the world, 
 is, the profanation of the Divine charac- 
 ter, by denying some of the perfections 
 of the Godhead; by attributing to him 
 other properties, which his revealed will 
 denies that he possesses ; and, by the sa- 
 crilegious application of his '^ Holy and 
 Reverend" name, to vicious, or even ordi- 
 nary subjects. 
 
 Infidelity In closc couuexiou with this descrip- 
 
 dissemi- 
 nated, xion of the abuse of liberty, is the 
 
 incul- 
 
OF THE PRESS. 2"] i) 
 
 inculcation of infidel principles, which ^^^^' ^'• 
 teach us to renounce the doctrines and 
 precepts of Scripture ; to reject, as spu- 
 rious, that revelation which God has 
 given of his will ; and to trust the light of 
 human reason to guide us to eternal 
 happiness. But, while these are crimes 
 of enormous magnitude in the estimation 
 of God, for which he will bring these 
 impious transgressors into judgement, 
 they are not proper subjects of the ma- 
 gistrate's coercion ; they do not disturb 
 the peace of the state ; and, therefore, 
 the publication of them cannot fall with- 
 in his jurisdiction, as conservator of the 
 publick peace. 
 
 Others, who believe the Scriptures to Perversion 
 
 of Scrip- 
 be authentick, pervert its doctrines, and ^^-'/^ ^°^- 
 
 ^ ^ ' tribes. 
 
 subscribe, in their own communities, to 
 
 creeds the mosjt grossly heterodox. Yet, 
 
 if these persons publish their sentiments 
 
 T 2 to 
 
276 ON THE LIBERTY 
 
 Essay V. to the woi'ld, it would bc a serious en- 
 croachment upon hberty of conscience, 
 and of the press, to prohibit such ^svorks. 
 Let the Jew vindicate his faith in the 
 Mosaick economy, and his rejection of 
 the Christian scheme ; it may excite 
 controversy, but the result will be 
 favourable to the cause of truth. Let 
 Roman Catholicks pubhsh their sentiments 
 in the most unqualified form ; we have 
 nothing to fear from their printed argu- 
 ments. The cautions, which Protestant 
 states should observ^e, in relation to this 
 religious body, are grounded upon the 
 presumptive influence of those principles, 
 which are verbally inculcated. If the 
 doctrines of the Romish church be stated 
 and defended in print, they are in a 
 tangible form, and may be refuted by 
 champions of the Protestant cause; and, 
 thus, an abuse of the press, by dis- 
 seminating 
 
OF THE PRESS. 
 
 seminating a distorted view of Scripture 
 truths, may ultimately turn out '' to the 
 " furtherance of the (pure) GospeP." Let 
 the press be open to all classes of reli- 
 gious denominations;, except those, whose 
 principles directly militate against the 
 tranquillity of the state ; and truth will 
 eventually prevail. 
 
 The propagation of corrupt politicks Dissemina- 
 is another abuse of the liberty of the ""^[[^"^,^3 
 press. But even this description of 
 abuse is better counteracted by argu- 
 ment, than by prosecutions, fines, im- 
 prisonment, and similar kinds of cor- 
 rection. If one man v^ere to publish 
 a specious defence of democracy, and 
 another were to argue the numerous 
 benefits that would result from absolute 
 monarchy, we need not doubt, that 
 many persons, of equal ability, would 
 
 appear 
 
 (1) Phil.i. 12. 
 
278 ON THE LIBERTY 
 
 ^^^l^lZ^' ^PP^ar in defence of our present mixed 
 tiriTtot'^ form of government. By such contro- 
 versy^ the superior excellence of the 
 British Constitution, over pure monarchy, 
 aristocracy, or republicanism, v^^ould be 
 placed in a luminous point of view : 
 and although many absurd systems might 
 be projected, folly would speedily sink 
 into obscurity, or stand confounded in 
 the blaze of truth. Yet, when such 
 political publications assume a seditious 
 aspect, the security of the state renders 
 their suppression highly expedient. 
 Vice and Thc cxtcnuation of vice is, perhaps, 
 
 immorality 
 
 encouraged, of cvcry kind of perversion of a free 
 press, least regarded as a publick evil; 
 although its effects are more widely 
 diffused than any preceding description 
 of abuse. If we consider the extensive 
 circulation of plays, novels, and ro- 
 mances; the impure principles that are 
 
 incul- 
 
OF THE PRESS. 279 
 
 inculcated in most of them; and their essatv. 
 tendency to corrupt the youth of the 
 community; surely every virtuous man 
 will shed a tear over the abuses of that 
 liberty, which, as a general principle, 
 reason and conscience enjoin him to 
 vindicate. Books of this description 
 convey destructive principles into the 
 mind^ under the most insidious form ; yet, 
 when they do not palpably introduce 
 obscenity, nor in direct terms sanction 
 vice, the law cannot annex penalties to 
 their subtle efforts, to extenuate in the 
 publick mind a sense of the evils , of 
 profligacy. Here, as in the preceding 
 cases, the press is open to the exertions 
 of good men, who, by a judicious appli- 
 cation of their talents, to counteract 
 the prevailing errors of the times, 
 may enlist many under the banners of 
 virtue and piety, and thus make a 
 
 noble 
 
280 ON THE LIBERTY 
 
 es^ayv. noble stand against the advocates of 
 infidelity, and all the hosts of the flagi- 
 tiously immoral. 
 free'^resf^ The freedom of the press, hke the 
 balanced by fertilizing inundations of the Nile, may 
 
 its benefits. 
 
 appear, to a superficial observer, to 
 portend universal devastation and ruin ; 
 but history corrects this opinion, from 
 positive facts ; and revelation also testi- 
 fies, that it is ^^ The dark places of the 
 '^ earth," w^hich '' are full of the habi- 
 '' tations of cruelty ^" Egypt would be 
 a barren desart, without the periodical 
 overflow of her celebrated river ; and the 
 impiety, superstition, and cruelty, of the 
 dark ages of the Christian church, prove, 
 that the suppression of free discussion 
 tends more to the privation of moral 
 rectitude, than the most unrestricted 
 
 licentiousness of a free press. 
 
 In 
 
 (1) Psalm Ixxiv. 20. 
 
OF THE PRESS. 281 
 
 In these desultory observations upon essayv, 
 the abuses of the hberty in question, our 
 attention has been confined to those par- 
 ticulars, which do not come within the 
 legal jurisdiction of the civil power. 
 Those abuses, which subvert the ends of 
 government, and disturb the peace of - 
 society, w^ill be the subject of investi- 
 gation in the following section. 
 
 Section III. 
 On the boundaries by which the licentiousness Restraint* 
 
 to the abuse 
 
 of a free Press should be restrained. of a free 
 
 press. 
 
 Those abuses of a free press, which 
 
 should be subject to the cognizance of 
 
 the civil power, are comprehended under 
 
 three classes ; viz. Sedition — Libels — 
 
 and The inculcation of vice. 
 
 First: Sedition. On sedi- 
 
 tion, as di- 
 
 Every man should be at liberty to stinguished 
 
 from free 
 
 suggest improvements in any particular tiiscussiou. 
 
 law. 
 
2S2 ON THE LIBERTY 
 
 essayv. law, or even in the Constitution. As 
 every code of lav^s, which has been 
 pubhshed to the world in ancient or 
 modern times, is chargeable with imper- 
 fections, and, as perfection is not a 
 property of human productions, nor 
 infallibility a quality to which the wisest 
 of men will venture to pretend, it is 
 sound policy, in the legislature of a free 
 country, to permit every member of 
 the community to investigate the funda- 
 mental principles of government, and 
 to inquire into the manner in which its 
 executive departments are filled. If the 
 constitutional principles of the govern- 
 ment be founded upon truth and equity, 
 they will gain by the experiment ; and, 
 if there be defects in its formation, 
 reason dictates, that those, who are 
 entrusted with the legislation, should 
 repair those defects, whenever the pene- 
 tration 
 
OF THE PRESS. 283 
 
 tration of any member of the community ^^^• 
 has pointed out adequate means. 
 
 By free inquiry, and the free com- Free dis- 
 cussion 
 
 munication of sentiment, Britain has ^^^^^^"^^^1 
 
 attained her present eminence, in Arts, p^^'^p^^^'- 
 
 Science, and Civil hberty. By the 
 
 same description of independence, Greece 
 
 and Rome acquired their pre-eminence 
 
 among ancient nations ; and England 
 
 could no longer be denominated a 
 
 free country, if laws were enacted to 
 
 impose restraint upon any intellectual 
 
 productions, addressed w^ith candour 
 
 and modesty to the understandings of 
 
 mankind. 
 
 Propositions for reform, or statements hqw poli- 
 tical dis- 
 
 of any detection of vulnerable parts in g^''''J?^e 
 the Constitution, should be conveyed in 
 terms calculated to enlighten the under- 
 standings of men, but not to excite tur- 
 bulence in the publick mind. This line 
 
 of 
 
R.Hall, A.M. 
 
 284 ON THE LIBERTY 
 
 es^yv. 6f conduct would obviate the two great 
 objections, which those, who are enemies 
 to 'all kinds of innovation, generally op- 
 pose to every proposition for reform. 
 It is judiciously observed, by an eloquent 
 
 observa- Writer on this subject : ''If the people 
 
 tions on 
 
 this subject '^ be tranquil and composed, and have 
 
 by the Rev. ^ ^ 
 
 '' not caught the passion for reform, it 
 '' is impolitick, say the ministry, to 
 '' disturb their minds, by agitating a 
 " question that lies at rest. If they are 
 " awakened, and touched with a con- 
 '' viction of the abuse, we must wait, 
 '' say they, till the ferment subsides, 
 '' and not lessen our dignity by seeming 
 '' to yield to popular clamour. If we 
 " are at peace, and commerce flourishes, 
 " it is concluded we cannot need any 
 '' improvement in circumstances so pro- 
 '' sperous and happy. If, on the other 
 '' hand, we are at war, and our affairs 
 
 '' unfor- 
 
OF THE PRESS. 285 
 
 '"^ unfortunate, an amendment in the re- ^^i^J 
 ^' presentation is dreaded, as it would 
 " seem an acknowledgement, that our 
 *^ calamities flowed from the ill conduct 
 " of Parliament. Now, as the nation 
 ^' must always be in one or other of these 
 ^^ situations, the conclusion is, the pe- 
 *' riod of reform can never arrive at 
 '' alP." But, let proposed amendments 
 in law, or projects for reform in Parlia- 
 ment, or the assertion of the natural 
 rights of liberty of conscience and of 
 private judgement, be conveyed, in terms 
 nervous and explicit, to enlighten the 
 understanding, yet modest and respectful, 
 to avoid exciting the irritabihty of the 
 publick mind ; and governors will be less 
 averse to reform, while the writer will 
 be secured from the slightest imputation 
 
 of sedition. 
 
 The 
 
 (!) See Hall's Liberty of the Press, 
 
286 OISI THE LIBERTY 
 
 Essay V. Tlic iiiotive of an author, in the. 
 
 Motives of discussion of poUtical questions, is com- 
 
 political ■*■ ^ 
 
 coveredtn ^onlj exprcssed by the modesty or 
 
 their spirit. . , r* i • i i ' r 
 
 Virulence or nis language ; and, it an 
 impeachment for seditious libelling be 
 exhibited against him, this distinction 
 will greatly assist the jury, in fixing 
 or removing the charge. The seditious 
 tendency of many books does not arise 
 so immediately out of the principles 
 they maintain, as from the declamatory 
 . style and acrimonious spirit in v^hich 
 they are written : these are the proper- 
 ties which render some publications so 
 peculiarly mischievous, while they neither 
 elucidate truth by historical facts, nor 
 prove their propositions by logical de- 
 duction. 
 Factious Another prominent feature of sedi- 
 
 confederacy ^ , 
 
 a proof of tion IS, a lactious confederacy. 1 ne ma- 
 
 s edition. 
 
 chinations of the Jacobinical clubs in 
 
 France^ 
 
OF THE PRESS. 
 
 France, and the virulent invectives which 
 they circulated against the monarch and 
 aristocracy, may serve to illustrate this 
 observation ; and, while we feel it a duty 
 which we owe to ourselves, as freemen, — • 
 to our vahant ancestors, from whom we 
 received the British constitution, — and to 
 our posterity, — to maintain the freedom 
 of the press, the tremendous calami- 
 ties, which those factious confederacies 
 brought upon the French nation, by dis- 
 seminating seditious pamphlets, should 
 teach us to avoid the abuse of this pow- 
 erful engine. Many persons, whose local illustrated 
 situation and whose intellectual powers Revolution 
 were peculiarly well combined for inves- 
 tigating the leading circumstances in the 
 French Revolution, have testified, that 
 the miseries, which succeeded the first 
 irruption of the people, and all their 
 subsequent internal calamities, may be 
 
 traced 
 
288 ON THE LIBERTY 
 
 Essay V. traccd back to the licentiousness of the 
 press, after they had obtained its Uberty. 
 These few thoughts miist suffice, upon 
 the distinction between a seditious attack 
 upon the government, and the exercise 
 of our constitutional right of proposing 
 amendments in any description of laws, 
 or reform in the various departments of 
 the state. 
 
 On libels. Secondly : Libels. 
 
 In law, those acts of sedition, to 
 v^hich we have already adverted, are 
 denominated Libels', and, therefore, it 
 may be necessary to premise, that, in the 
 present connexion, I intend Perso7ial 
 Libels, whether against publick or pri- 
 vate characters. 
 
 Tendencies j^jj scurrilous, pcrsonal epithets, are 
 
 calculated to provoke resentment, and 
 thus tend to the immediate breach of the 
 peace : and, if these be applied to an 
 
 individual 
 
OF THE PRESS. 2Sg 
 
 individual in writing, the wound is ^"^^ 
 made far deeper in his feehngs, than if 
 it were given verbally. If it be in 
 print, in addition to the infliction of deep 
 anguish upon his own mind, it may 
 excite rancour, and a spirit of revenge, in 
 the breasts of his relatives and intimate 
 friends, or even through the whole cir- 
 cle of his acquaintance. Hence, the Capital 
 
 crime 
 
 Roman law of the Twelve Tables consti- among; the 
 
 Romans. 
 
 tuted libelling a capital offence. The 
 English law, in a criminal prosecution 
 for a libel, does not inquire so particularly its truth 
 
 not consi- 
 
 into the truth of its statement, as into its *^^^^^ >" ^ 
 
 criminal 
 
 tendency to provoke breaches of the '(i^^^'''^' 
 publick peace. But in a civil action, where 
 damages are required on the part of the 
 plaintiff, it is necessary to prove the 
 falseness of the libel, in order to shew 
 that unjust damages have been sustained^ 
 
 Yet 
 
 (l) See Blackstone's Commentaries, vol. IV. p. 150. 
 
 U . 
 
2Q0 ON THE LIBERTY 
 
 Essay V. Yet this principle of punishing for a 
 true libel should be acted upon with 
 peculiar caution ; and, particularly, in 
 giving a verdict against the defendant, 
 upon an indictment for a libel on a pub- 
 lick character. Men in publick situa- 
 tions are exposed to more than ordinary 
 malignity; and, generally, have to con- 
 tend with many factious persons, whose 
 envy, if unrestrained by law, would blast 
 the fairest reputation with the malignant 
 breath of calumny. But it is also true, 
 that publick men frequently betray their 
 trust; and, if it were not for the dis- 
 closure of their conduct by a free press, 
 and the sense of the people expressed 
 through the same medium, many Avould 
 continue to fill their situations of publick 
 trust, though they should venture to 
 practise abuses with increasing confi- 
 dence ; and would retain the emoluments 
 
 of 
 
OF THE PRESS. 20] 
 
 of their office, ev^n though daily com- essay v. 
 
 mitting depredations upon the state. 
 
 Perhaps, it ^vould be more equitable to More equi- 
 table to pu- 
 
 punish only for those libels, which are ff^'^'^^^f^^ 
 
 -*- *^ tuise libeig. 
 
 false, defamatory assertions against pri- 
 vate persons or publick characters ; but, 
 where scurrilous, personal epithets are 
 avoided, if the case be stated in sober, 
 plain, and simple language, to decree that 
 a true libel shall not he punishahle. 
 
 In the cases both of sedition and per- circum- 
 stances to 
 sonal libelling, the circumstances of the determine 
 
 the case. 
 
 case must determine the verdict of the 
 jury, upon the guilt or innocence of the 
 defendant as to the matter of fact ; and 
 ought, also, as to the penalty to be 
 annexed, when the fact is proved. It is 
 not necessary for the law to ascertain 
 precisely the extent of the boundaries of 
 offensive libelling, as no law can meet 
 every case; and, if the jurors be fairly 
 
 u 2 selected. 
 
On the in- 
 culcation of 
 vice. 
 
 292 ON THE LIBERTY 
 
 Essay V. selected, they may generally be safely 
 trusted to supply the legal deficiency, by 
 a verdict, dictated by their own under- 
 standings, and a conscientious regard to 
 equity. 
 
 Thirdly : The inculcation of vice. 
 It is a fact, in the history of legis- 
 lation, deeply to be lamented by every 
 virtuous man, that, v^hile severe laws 
 
 The laws havc bccu cuactcd against those who 
 
 defective in 
 
 this respect, differed from the established forms of 
 worship, the most gross immoralities 
 have been suffered to pass unpunished. 
 And, even in the present day, while a 
 criminal prosecution may be instituted 
 against an ofEcer of state, on the ground 
 of his not having received the sacrament 
 according to the forms of the established 
 church ; and while, by that prosecution, 
 he may be expelled from the situation 
 that he occupies^ and to which personal 
 
 merit 
 
OF THE PRESS, 2g^ 
 
 merit may have obtained his promotion; essay v. 
 another man, in the same department, Grossest 
 
 J- vices only 
 
 may be guilty of the crimes of seduc- nish'abL?''^ 
 tion and adultery, and yet retain his 
 situation, and be liable to no other con- 
 sequences, than a civil action for da- 
 mages on the part of a private individual, 
 who, as husband or parent, is imme- 
 diately the suiFerer : these damages, too, 
 are sometimes so inconsiderable, as te 
 furnish no check upon the licentiousness 
 of the age. 
 
 Surely it must occur to every man of i"w«<'- 
 
 ^ J ciety 8US- 
 
 sober reflection, that each of those 
 crimes, enumerated in a preceding essay 
 upon LIMITATIONS, has a specifick degree 
 of influence, in counteracting the general 
 purposes for w^hich we are formed into 
 a community ; and, if this be admitted, 
 those publications, which vindicate the 
 practice of such descriptions of vice, 
 
 should 
 
294 ON THE LIBERTY 
 
 Essay V. should bc suppresscd, as tending to dis- 
 turb the peace of society, and to weaken 
 all the bonds of social life. The question 
 may be brought to this issue : they either 
 do, or do not, influence the practice of 
 those by whom they are perused. If 
 
 Influence tlicy havc uo iniiuencc upon the prac- 
 
 of vicious 
 
 pubiica- tice of the reader, and he rises, from ra- 
 tions on the 
 
 practice of viewiup; the contents of any such volume, 
 
 all classes. o ^ ' 
 
 with precisely the same principles and 
 dispositions that existed in his breast 
 before he entered upon the investigation, 
 it can be no evil to suppress the pub- 
 lication, since no person derives any 
 benefit from its contents : but, if they 
 have a specifick influence upon the prac- 
 tice of many readers; and the youth, 
 whose early principles inculcated probity 
 and integrity among men, and veneration 
 for the name of God, be induced, by 
 imbibing the sentiments of such authors, 
 
 to 
 
OF THE PRESS. 
 
 to violate the ties of nature, to despise 
 the Divine character, to " make ship- 
 ^^ vrreck of faith 'd,nd. of a good con- 
 '' science," and, perhaps, in some hour 
 of desperation, to commit the unpardon- 
 able crime of Fdo de se^\ it becomes the 
 province of law, to take cognizance of 
 such publications, and to punish the 
 authors, as literary incendiaries. 
 
 In general, those w^ho are accessarv Authors of 
 
 ^ *^ such works 
 
 to any crime, are punishable, by law, ^.^-tKhdr 
 with heavy penalties, and, in some cases, 
 with penalties equally severe w^ith those • 
 inflicted on the principal actors : and, by 
 analogy, those, who publickly inculcate 
 the practice of gross viees, should be 
 punishable, as accessaries to the actual 
 commission of such crimes. Sir Matthew Judge 
 
 Hale's ob- 
 
 Hale describes an accessary before the servations 
 
 '^ ^ on the guilt 
 
 S'^f^j. of accessa- 
 Jil^t^y Ties. 
 
 N" 
 
 (1) See Note XXIX. 
 
296 ON THE LIBERTY 
 
 ^ill^L^' ./^^^' ^^ ^^ ^^^' who, being absent at 
 the time of committing the criminal 
 act, is impHcated, by procuring, coun- 
 seUing, or commanding another to com- 
 mit the crime : consequently, absence at 
 that specifick time is necessary to con- 
 stitute him an accessary ; for, if he were 
 present, he would be guilty of the crime 
 as a principal ^ He, therefore, who pub- 
 lickly inculcates, or endeavours to vin- 
 dicate, the practice of any gross vice, 
 should be liable to a criminal prosecution. 
 Such persons are not accessaries to a par- 
 ticular fact, but to all the consequences 
 that result from their mischievous pro- 
 ductions. Deterioration of moral prin- 
 ciple tends to the commission of the 
 most atrocious crimes in the private 
 walks of life, and, ultimately, to general 
 
 anarchy : 
 
 (1) See Hale's Pleas of the Crov/n, vol. I. pp. 6l5, 616. 
 
OF THE PRESS. 2Q'J 
 
 anarchy: those books, therefore, which essay v. 
 necessarily tend to deprave the moral 
 principles of the youth in the commu- 
 nity, should subject the authors of such 
 publications to severe penalties. 
 
 Section IV. 
 
 ONTFTsTPF, hii Jury. 
 
 jury for 
 
 On the equity of trial and sentence hy Jury, ^" ^'"'^^ ^^' 
 
 in prosecutions for libels. 
 
 libels. 
 
 It is not necessary, to a clear appre- 
 hension of this branch of our subject, to 
 trace the antiquity of trial per pais, or 
 hy the country. It may suffice to observe, ^^sin^f 
 
 ^ '^ -^ juries. 
 
 that the earliest Saxon records, which 
 have been transmitted dow^n to our day, 
 prove it to have been in use at the time 
 when they were written, In England, 
 it is spoken of by the laws of Ethelred ; 
 and in Magna Charta, it is recognized as 
 a grand bulwark of British liberty : and, 
 in all countries, where it has been exer- 
 cised, 
 
Secures im- 
 partiality. 
 
 298 ON THE LIBERTY 
 
 Essay V. ciscd, experience of its utility has taught 
 the people to regard it, as one of the 
 most important principles of their laws, 
 and their best defence against injustice. 
 
 Advantages Tlic uiost important advantage, which 
 
 of the prac- 
 tice, a subject derives from trial by jury, is, 
 
 the impartiality with which his cause is 
 decided. A jury, fairly selected from an 
 extensive district, must be presumed to 
 act disinterestedly. The person arraigned 
 is, in general, unknown to every juror; 
 from which circumstance, we are war- 
 ranted to conclude, that each one will 
 acquit himself, to his own conscience, of 
 all wilful departure from the rigid prin- 
 ciples of justice, and, according to his 
 oath, '' Well and truly to try, and true 
 '' deliverance make, between our sove- 
 " reign lord the King, and the prisoner 
 '' whom they have in charge, and a true 
 '' verdict to give according to their 
 
 ^^ evidence," 
 
OF THE PRESS. 290 
 
 '^ evidence/' that he Yvdll return an nn- essayv. 
 biassed verdict. 
 
 Trial by jury prevents the exercise of Prevents 
 
 the opera- 
 
 any high degree of mahgnity on the part tion of ma- 
 of the judge ; although he still retains 
 much influence, in summing up the evi- 
 dence, and giving the charge. But, if the 
 decision of causes rested alone w^ith the 
 judge, his own private animosities, or 
 those of his friends, might be resented 
 in our courts of judicature, under the 
 worst of all pretexts for the exercise of 
 malice, namely, the distribution of justice 
 in an official capacity : and, eventually, 
 the phrase. Administration of justice, would 
 be perverted, by growing abuse, as under 
 the old system in France, till it meant no 
 more, than awarding the cause to him, 
 who could purchase it with the most 
 considerable premium. But, even should 
 this flagrant abuse of power be avoided, 
 
 if 
 
300 ON THE LIBERTY 
 
 Essay V. if causcs wcfc Hot subjcct to decisioii by 
 jury, many cases might occur, in which 
 a judge, or the four judges of any court, 
 or even the twelve judges, might be par- 
 tial by prepossession. 
 
 Illustrated A casc, worthy of observation, oc- 
 
 from the 
 
 case of curred in the reim of Charles the Second. 
 
 Penn and ^-^ 
 
 others. William Penn and WilHam Mead were 
 indicted, ^^ for that they, with others, to 
 '^ the number of three hundred, on the 
 " 14th of August, 22^ Regis, in Grace- 
 '^ church street, did . . . .unlawfully and 
 '' tumultuously assemble and congregate 
 '' themselves together, to the disturbance 
 '' of the peace," &c. After the witnesses 
 had stated the fact, that such a number 
 of people were assembled, and that Penn 
 had preached to them, the Recorder 
 summed up the evidence, and the jury 
 retired. After some debate, they re- 
 turned with a verdict : '' Guilty of speak- 
 
 ^^ ing 
 
OF THE PRESS. 301 
 
 *' ing in Gracechurch street." Upon essay v. 
 
 which the court rephed : " You had as 
 
 *' good say nothing ; " and inquired, 
 
 '' Was it not an unlawful assembly } 
 
 ^' You mean he was speaking to a tumult 
 
 " of people there." But, as the foreman opposition 
 
 of the jurj- 
 
 refused to sanction the insertion of such to the 
 
 court. 
 
 words, as an '^ unlawful assembly," they 
 were sent back to re- consider their ver- 
 dict; and, upon their return into court, 
 presented a verdict in writing, signed by 
 every juror, in these words : '' We the 
 '^ jurors, hereafter named, do find AYil- 
 ^* liam Penn to be guilty of speaking or 
 " preaching to an assembly met together 
 " in Gracechurch street, the 14th of Au- 
 '' gust 1670 ; and William Mead not 
 ^^ guilty of the said indictment." This 
 verdict the court refused ; and, it being 
 Saturday night, the court adjourned till 
 Sunday morning ; and, as the jury insisted 
 
 upon 
 
302 
 
 ON THE LIBERTY 
 
 Essay V. 
 
 Ultimately 
 successful. 
 
 The prac- 
 tice secured 
 
 upon the same verdict, the court again 
 adjourned till Monday morning, when 
 the jury brought the prisoners in '' Not 
 guilty;" vv^hich sentence was recorded, 
 and allowed to be a valid acquittal of the 
 prisoners : but, immediately, the court 
 fined them forty marks a man, and to lie 
 in prison till paid. From this conduct 
 on the part of the court, it is easy to 
 suppose what would have been the un- 
 happy consequences to the prisoners at 
 the bar, if the judge could have pro- 
 nounced sentence against them, irrespec- 
 tive of the verdict of a jury ^ 
 
 This ancient practice of trying En- 
 glishmen by their peers, prevents the 
 exercise of an arbitrary and unconstitu- 
 tional influence, on the part of the crown, 
 or any of its ministers. The statute of 
 
 1st 
 
 (1) See Note XXX. 
 
OF THE PRESS. 303 
 
 1st Geo. III. c. 23. which constituted essay v. 
 the office of judge permanent for Hfe, 
 has established the proceedings of our 
 courts of judicature upon a firm basis, 
 by rendering their principal officers in- 
 dependent of party connexions^ or mini- 
 sterial caprice K Yet, as the crown pos- 
 sesses an immense revenue ; and as, by 
 the application of this money, ministers 
 can exercise almost unbounded influence, 
 the verdict of a jury, in all cases of 
 indictment, is a more certain defence 
 against arbitrary power, and is, perhaps, 
 the best guarantee for the free exercise 
 of the British press. 
 
 But while we Hory in the verdict of ^" sente-nee 
 
 ^ '^ by jury for 
 
 the jury upon the simple fact, ^ Guilty,' 
 or ' Not guilty,' it still remains a ques- 
 tion worthy the attention of the legisla- 
 ture 
 
 (2) See Note XXXI. 
 
 libels. 
 
304 ON THE LIBERTY 
 
 Essay V, turc and the publick, who shall deter- 
 mine the nature and degree of punish- 
 ment to be inflicted on the author of a 
 libel ? As this is a question of no little 
 moment, I shall enter briefly into the 
 discussiorw of it. 
 
 How the jjj criminal prosecutions for libels, the 
 
 law now ^ ^ 
 
 stands. existing laws vest this power in the 
 judges of that court, in which the cause 
 is tried. But this prerogative, attached 
 to the courts of law, is capable of being 
 exercised to the ruin of the defendant, 
 even when equity and reason would ex- 
 cuse him, with no other penalty than the 
 costs of the indictment, or, at most, 
 
 inconsis- chastisc him with great lenity. In the 
 
 tencv with 
 
 the oenerai first part of tlic proccss, whcH thc cause 
 
 spirit of the 
 
 iaws. is to be brought before a jury, for their 
 
 verdict upon the fact, the prisoner has 
 the extraordinary privilege of perempto- 
 rily challenging to the number of thirty- 
 five 
 
OF THE PRESS. 305 
 
 five jurors, and as many more as he can essay v. 
 assign sufficient cause for rejecting; but, 
 when the fact is estabhshed by the ver- 
 dict of the jury, the cause reverts to the 
 judges to determine the penalty. 
 
 In the case of a civil action for a libel, Equity of 
 
 the sen- 
 
 the plaintiff alle2!:es his damap:es at a cer- ^^"^"^ ^" 
 
 ^ o <-> civil prose- 
 
 tain sum; and the jury are to determine, [j^g^''^"'' 
 
 whether that, or an inferior compensa- 
 tion, shall be rendered by the defendant : 
 and, if a jury be competent, in civil cases, 
 to decide the penalty, their natural abi- 
 lity, in criminal cases also, to return an 
 equitable verdict, which should fix the 
 nature and degree of the punishment, 
 must be admitted. And, perhaps, it 
 would be difficult to shew cause, why 
 jurors should be legally disabled in the 
 latter, more than in the former case. If 
 this right were obtained, we should 
 enjoy the constitutional privilege of a 
 
 X free 
 
306 ON THE LIBERTr 
 
 essayv. fj^QQ press, in its mast ample extent ; 
 while government, publick and private 
 individuals, and the morals of society, 
 would be equally secured from hostile 
 attacks, by possessing adequate means of 
 redress. 
 
 With the exception already mentioned, 
 the great distinction between equitable 
 liberty and unjust restraint consists in 
 having, or not having, liberty to publish 
 our speculations, without first obtaining 
 
 coudition the sanction of a legal inspector. During 
 
 of the Press 
 
 prior to the ^]^e cxistencc of the Star Chamber, all 
 
 Revolution. 
 
 new publications underwent the inspec- 
 tion and revision of persons nominated 
 by that odious court. By its decrees, 
 the number of printers and of presses 
 throughout the kingdom was limited; 
 and the publication of every book, which 
 was obnoxious to that arbitrary jurisdic- 
 tion, suppressed, because it maintained 
 
 the 
 
OF THE PRESS. 30/ 
 
 tlie principles of either civil or religious essay v. 
 liberty. The Long Parhament, also^ as- 
 sumed this tyrannical authority of li- 
 censing all books, before they were issued 
 from the press : and it was not till one its liberty 
 
 obtained 
 
 thousand six hundred and ninety-four, soon after 
 
 *' that event> 
 
 the fifth year of William and Mary, that 
 this invaluable branch of British liberty 
 was fully obtained; but, from that pe- 
 riod, to the present, the press has re- 
 mained properly free. Several attempts Andperpe- 
 
 ■*- -^ -^ ^ tuatedto 
 
 "were made, at subsequent periods, to thne^"^^^^^* 
 bring it again under the control of the 
 Crown ; but the Parliament ever has, and, 
 we hope, ever will preserve, its rights in- 
 violate. Upon this, as a hinging point, 
 the permanence of the British Constitu- 
 tion depends. Insidious attacks upon The great 
 
 ^ J- preserva- 
 
 our liberties may sometimes be made; comtk^u* 
 but, if the press remain free, the most 
 temerarious minister will not venture 
 
 X 2 upon 
 
308 ON THE LIBERTY 
 
 Essay V. upoD 'duj flagrant innovations on publick 
 or individual liberty. And, were this na- 
 tional right delivered from the one re- 
 maining shackle of arbitrary power, by 
 transferring the judicial act of giving 
 sentence against the delinquent, from the 
 court to the jurors, we might safely pre- 
 dict the perpetuity of our constitutional 
 privileges to our children's children, 
 through many generations. 
 
 Section V. 
 
 On the ten- 
 dency of the Q^^ ^^^ particular influence of the liberty of the 
 
 promote Press^ in promoting the cause of true Religion. 
 
 religion. 
 
 The Scrip- When the church of Rome gained the 
 
 tures de- n i ^ i • i 
 
 nied to the asccndcucy over all other churches in the 
 
 laity by the 
 
 church of western kingdoms of Europe, and her 
 bishop was acknowledged as the Papa of 
 all other bishops, she impiously forbade 
 the laity to read the Scriptures, and, 
 with the strong arm of power, wrested 
 
 those 
 
OF THE PRESS. 300 
 
 those sacred books out of their hands, essay v. 
 Having accomplished this iniquitous pur- 
 pose, she propagated her own traditions ; 
 and, under the sanction of Papal infalli- 
 bility, taught the people to believe, that 
 her own pretended visions, miracles, and 
 legendary tales, were of equal validity 
 with the books of the Old and New Tes- 
 taments. Hence we learn the oripin of 
 that dark night of error, which succeeded 
 the early diffusion of Gospel light. 
 
 From Rome, as a pool, wherein the supersti- 
 tion and 
 exhilaratinp^ streams of the Gospel had error the 
 
 ^ conse- 
 
 grown stagnant, a thick pestilential va- '^^^^''^ ""^ 
 pour arose, which darkened the under- 
 standings of mankind, while it poisoned 
 their principles. From thence it spread, 
 in all directions, over the Christian hemi- 
 sphere; till almost every point of that 
 wide horizon, over which the Sun of 
 Righteousness had diffused his cheering 
 
 ravs. 
 
310 
 
 0N THE LIBERTY 
 
 Essay V. 
 
 Luther 
 circulated 
 the Scrip- 
 tures, and 
 thus dif- 
 fused the 
 light of 
 truth. 
 
 rays, was enveloped in darkness, more 
 awful and more portentous, than that 
 which descended upon rebellious Pha- 
 raoh, and the callous sons of Ham. 
 
 But, when the celebrated Martin Lu- 
 ther, in defiance of the anathemas pro- 
 nounced by Leo the Tenth, Adrian the 
 Sixth, and Clement the Seventh, brought 
 out the Scriptures to publick view, trans- 
 lated them into the German tongue, and 
 inculcated the perusal of them by the 
 laity, many thousands of the people, 
 who formerly '' sat in darkness and the 
 '' shadow^ of death," could unite with 
 David, in his admirable address to Je- 
 hovah : '' The entrance of thy word 
 '' giveth light ; it giveth understanding 
 ^' to the simple ^" Happily for many 
 nations upon the continent of Europe, 
 
 but 
 
 (l) Psalm cxix. 130. 
 
OF THE PRESS. 31 1 
 
 but more especially for the British Isles, essay v. 
 that lip'ht has never been extinp:uished. in England 
 
 ^ ^ truth has 
 
 In this favoured country, the knowledge l^^^"^ ^^"^; 
 
 J ^ o ing ground, 
 
 of Divine truth has been like the progress many%es. 
 of the orb of light, " shining more and 
 '' more unto the perfect day^." When 
 '' God said, Let there be light, . . . there 
 " was light '^;" and that glorious luminary, 
 which stands as the centre of our plane- 
 tary system, appeared in the heavens, 
 and, by his effulgence, hath, to the pre- 
 sent hour, continued to irradiate the 
 earth. Thus, also, at the Reformation, 
 when the providence of God brought 
 forth the sacred Scriptures, from those 
 repositories where they had long lain 
 forgotten, he caused the Sun of Righte- 
 ousness to arise upon the moral world, 
 and to shed his more glorious radiance 
 
 upon 
 
 (2) Prov. iv. 18. (3) Genesis, i, 3. 
 
312 ON THE LIBERTY 
 
 essayv. upon the souls of men : '' For God, who 
 '' commanded the Ught to shine out of 
 ^' darkness, then shined into the hearts 
 ^' of men, to give the Kght of the know- 
 '' ledge of the glory of God, in the face 
 " of Jesus Christ ^" 
 
 At the memorable period in which 
 we live, nothing is deficient, that can 
 contribute to promote, either faith, or 
 
 wehavea holiucss in our souls. The Scripture is 
 
 printed re- 
 
 veiation of complctc, and, in the p'eneral, accurate- 
 
 the Divine 1 ^ ^ J^ ^ 
 
 wiu. Yy translated : the prophecies are, in part, 
 
 accomplished, and others are daily ful- 
 filling : and, consequently, we have a 
 fulness of evidence, that the Bible is the 
 Word of God ; and, hence, we discover 
 the high importance of our Saviour's 
 precept: '' Search the Scriptures; for in 
 '' them ye think ye have eternal life, and 
 
 '' they 
 
 (1) 2 Cor. iv. 6. 
 
OF THE PRESS. 313 
 
 '^^ they are they that testify of me^." essay v. 
 These, surely, are considerations, which 
 should induce every sober thinking man 
 to study the Scriptures with unremitted 
 assiduity ; and to esteem the freedom of 
 the press an invaluable blessing, by 
 which, as the sole medium, the publick 
 obtained repossession of the Bible. 
 
 Through the same medium, wc enjoy a nee Press 
 
 the medium 
 
 the liberty of expounding Scripture, ac- <>fTheoio- 
 cording to our own views. Unawed by '''^^^'''''' 
 the formidable names of Justin the Mar- 
 tyr, Irenasus, TertuUian, Origen, Austin, 
 Athanasius, and the host of primitive 
 fathers, we venture to prefer the writings 
 of many modern authors, before all the 
 productions of the second, third, and 
 fourth centuries. We highly esteem the 
 works of Owen, Howe, Bates, Charnock, 
 
 Flavel, 
 
 (2) John V. 39. 
 
314 OjNT THE LIBERTY 
 
 essayj. Flavel, Baxter, Lardner, Locke, Boyle, 
 Watts, Doddridge, and many of their 
 cotemporaries ; yet, we '^ call no man ma- 
 ^' ster upon earth;" but, like the ancient 
 eclectic philosophers, we select, from 
 every author, those observations, which 
 appear, to our judgements, to approach 
 the nearest to unadulterated truth. Much 
 has been done to explain Scripture ; but 
 
 Probable this fact docs not supersede the use of 
 
 l)enefits 
 
 thatwiUre- further attempts to elucidate many pas- 
 suit from ^ : -^ ^ 
 
 ^^'^' sages which yet remain obscure. Perhaps 
 
 the day is not far distant, when God will 
 pour forth his Spirit, in an abundant 
 degree, upon those, w^ho are diligently 
 studying to apprehend his will ; and 
 thus enable them to explain the darkest 
 sentences of the inspired volume, in a 
 manner so simple, perspicuous, and lucid, 
 that believers of the meanest capacity will 
 be able to understand their implex subjects. 
 
 From 
 
OF THE PRESS. . 315 
 
 From such unbounded liberty of inves- essay v. 
 tiratinp; the history, miracles, doctrines, itwuiex. 
 
 <=5 t5 J ^ ' Cite contro- 
 
 and precepts of Scripture, and of pub- ^^JPaig^""^ 
 lishing to the world the result of our in- truth.^^ 
 vestigation, controversy will arise ; but, it 
 will ultimately promote the cause of truth. 
 The various errors that appeared in the 
 church, in the early ages of Christianity, 
 caused numerous dissentions among the 
 professed disciples of Jesus Christ, and 
 excited a spirit of acrimonious contro- 
 versy upon the great doctrines of the 
 Gospel: but, even that circumstance has 
 been subservient to the cause of true 
 
 religion : those controversies have been Controver- 
 sy produced 
 
 the means of perpetuatino-, to this re- thetestimo- 
 
 mote period of time, the sentiments and 
 testimonies of the early Christian mini- 
 sters, which constitute good historical 
 documents of the sense, in which the im- 
 mediate disciples of the Apostles under- 
 stood 
 
 nies of the 
 Fathers. 
 
3l6 
 
 ON THE LIBERTY 
 
 es^ayv. stood many of the doctrinal parts of 
 Scripture. 
 
 But, the most important advantage, 
 that has resulted from the early dissen- 
 tions of the Christian church, is, the 
 present purity of the inspired writings. 
 
 Controversy This has bccn the means of preserving 
 
 preserved ~ 
 
 the Scrip- ^^Q Scriptures pure and unalloyed by 
 
 tures from J^ -L J J 
 
 adultera- , • i r .\ ' 
 
 tion. error ; as every sect, jealous or their op- 
 
 ponents, and zealous for their own 
 particular creed, would immediately have 
 detected an interpolation, and exposed 
 every perversion of the obvious sense of 
 Scripture, or innovation upon the ori- 
 ginal text. 
 
 Free inqui- Coutrovcrsy naturally excites a spirit 
 
 ry will deve- 
 
 lope truth, of free inquiry ; and a spirit of free 
 inquiry in religion, must, ultimately, 
 terminate in the disclosure of truth. If 
 many minds be intentively occupied in 
 the study of any given subject, it is 
 
 highly 
 
OF THE PRESS. 31? 
 
 highly probable, that some will succeed essay v. 
 in the investigation : or, if none should 
 succeed in every particular, that, ^vhich 
 escapes the observation of one man, may 
 occur to some other ; and, by each con- 
 tributing in some degree to elucidate the 
 subject, all may, eventually, attain a clear 
 apprehension of its nature. 
 
 While a spirit of free inquiry is exer- ^tTlaf" 
 
 1 ^ ^ . . -.be obtruded 
 
 cised, many absurd opmions may be onthepub- 
 
 lick. 
 
 obtruded upon the publick; but, these 
 will speedily meet their fate, and sink 
 into oblivion, leaving truth alone to reign 
 for ever. It would be an insult to the 
 understandings of mankind, to suppose, 
 that, if a spirit of free inquiry be in- 
 dulged, the cause of error will find more 
 able advocates than that of truth. Reason ^^^ '•^^soa 
 
 will prevail. 
 
 suggests, that men of the best under- 
 standings will choose the better side ; and 
 thus pre-occupy the higher ground, 
 
 where 
 
cited, but 
 truth will 
 succeed. 
 
 318 ON THE LIBERTY 
 
 ^Ilfll/ where their more formidable artillery 
 may be discharged, to the best advantage, 
 against their opponents. 
 
 Malignity YrcG inquirv upon questions in relirion 
 
 may be ex- l j a. x o 
 
 may excite a spirit of implacable malice in 
 the hearts of wicked men, against the ad- 
 vocates of piety, rectitude, and integrity ; 
 but the cause of God and truth must 
 eventually triumph. Let us appeal, for 
 proofs of this proposition, to the lives of 
 Martin Luther and the English Puritans^ 
 Martin Luther, the apostle of the 
 The life of German empire, was originally provoked 
 
 Luther an 
 
 illustration to cntcr thc lists, arainst the pontiff and 
 
 of this sen- *-^ 
 
 cardinals of the Roman See, through the 
 scandalous publick sale of Papal indul- 
 gences in sin, by John Tetzelius, a Do- 
 minican friar. This venal priest presu- 
 med to introduce the iniquitous traffick 
 into the city of Wittenberg, where Luther 
 was Divinity professor in the University. 
 
 The 
 
 timent. 
 
OF THE PKESS. 310 
 
 The first opposition, which that cele- '^~^^^' 
 brated reformer offered to the autho- 
 rity of the Roman pontiff, went no 
 further than to counteract the unrestric- 
 ted grant of plenary indulgence in any 
 sin, for a stipulated priced 
 
 Probably, Luther did not, at that pe- ^e did not 
 
 •^ ■*- at first en- 
 
 riod, entirely reject the doctrine of in- -i^dui/eices. 
 dulgences, but required moderation in 
 the extent to which they were granted, 
 and delicacy in the manner of their dis- 
 pensation : yet, when the storm of per- He was pro- 
 voked to 
 secution arose, it became necessary to further iu- 
 
 •^ vestigation. 
 
 investigate strictly the principles upon 
 v/hich his resistance of Papal authority 
 was founded ; and to inquire, whether 
 they were calculated to support his mind 
 under the torments which might be in- 
 flicted by Inquisitorial tyranny. Exami- 
 nation of his own principles confirmed 
 
 him 
 
 (1) See Note XXXII. 
 
320 ON THE LIBERTY 
 
 Essay V. him in the resolution to vindicate them 
 with his latest act of reason ; and, free 
 inquiry into the atrocities of the Romish 
 church, disclosed innumerable frauds, 
 which were unblushingly practised upon 
 investiga- all hcr subjccts. The discovery of such 
 
 tion disco- 
 vered fresh gross abuscs produced more vigorous re- 
 abuses. 
 
 monstrances on the part of Luther; to 
 which the advocates of the hierarchy, 
 and of profligacy, replied with much acu- 
 men : but all their efforts to suppress the 
 doctrines of the Gospel, by dogmatical 
 assertions of the Pope's infallibility, or by 
 personal menaces against the Reformer, 
 And ended terminated in the entire renunciation 
 
 in a separa- 
 
 thTprpS ^^ P^P^^ authority by Luther, and the 
 schism of a great part of the German 
 empire, the Netherlands, Sweden, and, 
 within a few years, of England also, from 
 
 the communion of the Roman church K 
 
 The 
 
 (l) See Middleton's Life of Luther. 
 
 commu- 
 wion. 
 
origin 
 of the Pu- 
 ritans. 
 
 OF THE PRESS. 321 
 
 The rise and progress of Puritanical essay v. 
 sentiments were analogous, in many par- ^he 
 ticulars, to the Reformation in Germany 
 In the reign of Henry the Eighth, the 
 church of England was severed, by an 
 imperious decree of that monarch, from 
 the Roman Pontiff, as its ecclesiastical 
 head. This induced many persons to 
 investigate those doctrines, to which 
 they had, with implicit faith, formerly 
 subscribed : and the assumption of 
 supremacy by the King excited a su- 
 spicion, that the pretensions of the 
 Monarch and the Pontiff were equally 
 fictitious. At this period, the principles Their intei- 
 
 leetual pro- 
 of the German Reformer made some s^-ess facili- 
 tated by 
 
 progress in England ; and these gradual ^"^^^'^^i^n^" 
 advances toward reformation, prepared 
 the minds of the people for that event, 
 in the reign of Edward the Sixth. 
 During the life of that amiable prince, 
 
 Y many 
 
322 ^ ON THE LIBERTY 
 
 Essay V. many abuses were corrected, and the 
 principles of the pure Gospel made rapid 
 progress in emerging from the errors of 
 
 Bp. Hooper Popcrv. In this reip:n, some dissention 
 
 aPuritani- ^ '^ . ^ 
 
 tfenf^'^'' arose about consecration in Popish ha- 
 bits, in consequence of Bishop Hooper 
 refusing to submit to the ceremony with 
 those appendages ; and the acrimony 
 of some other bishops, in defence of 
 the practice, produced a division in fa- 
 vour of a more entire reformation. 
 
 Conse- In the reign of Mary, great numbers 
 
 quences of 
 
 Q. Mary's of Protcstants fled from her merciless 
 
 intolerance. 
 
 proscriptions, to seek an asylum in 
 neighbouring reformed states. During 
 their residence abroad, a division oc- 
 curred, upon the propriety of retaining 
 the Liturgy and forms of w^orship, as 
 established bv Edward the Sixth, or 
 of reforming the church more entirely 
 from Popish ceremonies. Those who 
 
 espoused 
 
OF THE PRESS. 323 
 
 espoused the cause of the Liturgy, etc, essay v. 
 as used in the days of Edward, rained Elizabeth 
 
 '' ^ excited to 
 
 the ear of Elizabeth, upon her accession jJ'ytnT''''^ 
 to the throne, and obtained the esta- Reiormers'r 
 blishment of that form of worship, 
 by Act of Parhament. This being ef- 
 fected, they proceeded to persecute their 
 brethren, who dissented from the esta- 
 bhshed forms of devotion and church 
 discipHne, with a degree of severity, 
 almost equal to those sanguinary deeds, 
 which have left an indelible disgrace 
 upon the name of Queen Mary. 
 
 Had those Protestant divines, who 
 were promoted to dignified stations in 
 the Episcopal church, manifested a con- 
 ciliatory spirit toward their Puritan bre- 
 thren, perhaps a schism would have been 
 avoided ; but the unjust severities and 
 intolerant requirements of those, who 
 had obtained Elizabeth's favour, were 
 
 Y 2 the 
 
324 
 
 ON THE LIBERTY 
 
 Essay V. 
 
 Intolerance 
 compelled 
 the Puri- 
 tans to in- 
 vestigate 
 their prin- 
 ciples. 
 
 The prin- 
 ciples of 
 dissent 
 obtained 
 numerous 
 advocates. 
 
 the means of extending and perpe- 
 tuating the breach. The measures they 
 adopted, excited among the Puritans 
 a strict investigation of the principles 
 upon which their separation was foun- 
 ded; and this, by leading them into 
 a more clear view of the question, 
 terminated in a resolution not to con- 
 form, and thus rendered the breach 
 irreparable. And, as a final result, those 
 severities, which were exercised against 
 men who were conspicuous for piety of 
 heart and purity of morals, induced 
 many persons, w^ho were strangers to 
 the subject of the controversy, to in- 
 quire into the principles upon which 
 the Puritans separated from the Esta- 
 blishment ; and in this instance, as in 
 almost every other, which is recorded 
 in the pages of History, truth pre- 
 vailed, and brought daily accessions to 
 
 the 
 
OF THE PRESS. 325 
 
 the number of advocates for a purer ^^l2) 
 
 worship ^ 
 
 The primitive Nonconformists, v^hen The perse- 
 cution of 
 
 excluded from their pulpits, exercised J^^^^jg^""/ ^ 
 their talents in writing works for the thdr^nume- 
 press ; and those treatises, which were ucations. 
 composed in their solitary leisure months, 
 when the scowling storms of persecution 
 kept them within their own doors, have 
 done more in promoting the cause of 
 Christ in subsequent ages, than their 
 pulpit labours could possibly have done 
 in any one age, had they been permitted 
 to obey the dictates of conscience with- 
 out molestation. Thus, under some 
 form, God will always '^ cause the wrath 
 ^* of man to praise him^," and render 
 the most malignant opposition of wicked 
 men subservient to the interests of his 
 
 Church. 
 
 (1) See Neal's Puritans, vol. i. ch, 1, 2, 3, 4, passim. 
 
 (2) Psalm Ixxvi. 10. 
 
326 ON THE LIBERTY 
 
 essayv. Church. Doubtless, the hearts of those 
 conscientious ministers were often sor- 
 rowful, while they beheld error counter- 
 acting the efforts of truth, and profane- 
 ness, under the sanction of the highest 
 authorities in the nation, chasing virtue 
 and religion into the shades of soli- 
 tude. Their minds were oppressed with 
 holj grief, while they witnessed the 
 affliction of the Church, and saw men of 
 eminent talents, and pre-eminent piety, 
 expelled from their pulpits, and inter- 
 dicted from preaching. Yet these por- 
 tentous events '^ have fallen out rather 
 '' to the furtherance of the Gospel." The 
 severities, which were exercised upon 
 those holy men, were the means of 
 drawing a definite line of distinction 
 between the pious and profane ; and 
 that circumstance, eventually, proved the 
 means of emancipating their posterity 
 
 from 
 
OF THE PRESS. 32/ 
 
 from the shackles of an arbitrary, Epi- essay v. 
 scopal authority. While eminent primi- This has 
 
 -■- *' -*- eminently 
 
 tiv^e Nonconformists lamented over the p^^^^^^t^^ 
 
 the cause of 
 
 degeneracy of the age in which they ^^'^'^"* 
 lived, and over the degraded condition 
 of the Church of Christ, those circum- 
 stances of degeneracy on the one part, 
 and degradation on the other, were the 
 procuring cause of the publication of a 
 large number of w^ell-written books on 
 Divinity, which have almost entirely su- 
 perseded appeals to the ancient Fathers ^ 
 
 The freedom of the press is the p:rand Liberty of 
 
 ^ ^ the Press 
 
 Palladium of religious liberty ; and this o^Toitr.'^ 
 must be destroyed, before any serious 
 attack can be made upon liberty of con- 
 science. It is a medium, through which 
 Truth addresses the understandings of 
 men ; and, if the human understanding 
 be assailed by the artillery of truth, it 
 
 will 
 
 (1) See NoteXXXIII. 
 
328 ON THE LIBERTY 
 
 essayv. will not long continue to be the citadel 
 A means ^f error. This has been amply illustrated 
 
 ot promo- ■*- ^ 
 
 tdfcfrt^- t)y the general progress of religion in 
 Britain, from the period when the liberty 
 of the press was fully obtained, down to 
 the present time. Knowledge has been 
 extensively diffused ; and, as the neces- 
 sary consequence of the dissemination of 
 general knowledge, the cause of piety 
 has made rapid advances in its approxi- 
 mation to that august period, when the 
 great deceiver of mankind shall be cast 
 out of his kingdom, in their hearts ; be 
 subjugated by the irresistible power of 
 Jesus Jehovah ; and be ignominiously 
 confined, within the precincts of the 
 bottomless pit. 
 
 By the free exercise of the press in 
 our own day, all classes in the commu- 
 nity possess the means of defending their 
 religious principles, in candid appeals to 
 
 the 
 
OF THE PRESS. 329 
 
 the reason and consciences of mankind : essay v. 
 and while this privilege is enjoyed, we 
 must presume that truth and equity will 
 gradually gain ground upon superstition 
 and intolerance. The publick will be ex- 
 cited to a strict and impartial investiga- 
 tion of the political tendencies of the 
 sentiments professed by the several re- 
 ligious sects in the community : and 
 while a candid examination of the prin- 
 ciples maintained by most of the different 
 sects will discover them to be not only 
 harmless to the State, but even friendly 
 to the radical principles of our happy 
 Constitution, we are w^arranted to con- 
 clude, that the tone of publick opinion 
 will become increasingly liberal. That the 
 religious views of the various denomina- 
 tions of Protestant Dissenters have no 
 political tendency, and that their poli- 
 tical principles, as a body, are eminently 
 
 loyal, 
 
330 ON THE LIBERTY OF THE PRESS. 
 
 Essay V. loyal, has already been proved : that their 
 doctrinal articles, and forms of church 
 government, though, as they presume, 
 capable of a rational and Scriptural de- 
 fence, are not proper subjects of the civil 
 magistrate's jurisdiction, has also been 
 shewn : and, therefore, while Protestant 
 Dissenters have an opportunity of freely 
 appealing to the understanding of the 
 Legislature and the publick, through the 
 medium of an unrestricted press, the re- 
 sult will be favourable to the cause of 
 the dissidents ; and every unbiassed mind 
 will be constrained to drsiw the infe- 
 rence, that the liberties of a body, so 
 numerous, opulent, virtuous, and loyal, 
 as the Protestant Dissenters, appear to 
 be — must be — greatly augmented, rather 
 than diminished. 
 
NOTES 
 
 AND 
 
 ILLUSTRATIONS. 
 
333 
 
 NOTES & ILLUSTRATIONS. 
 
 NOTE I. p. 37. 
 
 It is very remarkable to this purpose^ that Orobio 
 the Jew, in his conference with Limborch, freely ac- 
 knowledges, that, in Spain and Portugal, all the mona- 
 steries and nunneries are full of Jews; that many canons, 
 inquisitors, and bishops, being descended from Jewish 
 parents, are still Jews in their hearts, though, for tem- 
 poral advantages, they profess to be Christians. Some of 
 these, he says, repent, and, if they can, escape into other 
 countries ; of which he himself was one ; who con- 
 fesses, he had often complied with the idolatries of 
 the place : — "Ego qui toties miser genua Baali flexi, 
 ^^ peccatum meum ego recordor," &c. Jud. Script. Test. 
 No, 4. p. 102. And Limborch afterwards declares, 
 that Orobio had himself owned, that the Jews in Spain 
 are taught by their parents, that, in order to escape 
 the Inquisition, it is lawful to profess Christianity, 
 while they deny it in their hearts ; and to confirm that 
 profession by swearing on the cross, and by eating 
 
 swine's 
 
334 NOTES AND ILLUSTRATIONS. 
 
 swine's fleshy &c. Liml. Resp. ad Script, iii. cap. v. 
 p. 178. See Doddridge's Works, vol. iii. p. 136. 
 
 NOTE 11. p. 44. 
 
 Perhaps the insertion of profane swearing in the 
 catalogue of those enormous crimes which deserve 
 criminal prosecution, and the inculcation of which 
 merits severe reprehension, may appear to some per- 
 sons highly exceptionable ; but, if we reflect upon the 
 natural consequence of profane swearing in familiar 
 discourse, or of profanely introducing the " Holy and 
 Reverend " name of God in ordinary conversation, 
 I am persuaded, that every wise and good man will 
 concur in the sentiment, that persons thus accustomed 
 to prostitute the most solemn words or sacred titles, 
 may easily be induced to apply them with as much 
 falseness in a court of justice, as with impudent fa- 
 miliarity in the ordinary avocations of life. Fear 
 of the pillory and its appendages may restrain from 
 swearing falsely in many cases; but the sacred qua- 
 lities of the oath are nevertheless destroyed, since 
 the man is prevented from contracting the guilt of 
 perjury by fear of human vengeance, and not by 
 the dictates of a conscience tenderly alive to its 
 heinous nature, as an act of transgression against 
 God. 
 
 Note 
 
NOTES AND ILLUSTRATIONS. 335 
 
 NOTE III. p. 49. 
 
 The following Extracts are produced in corro» 
 boration of the principles attributed to the Quakers. 
 
 " The Scriptures are a sealed book to all, but those 
 *' who know them by the same hand which originally 
 "^ gave them. So that, however common they may be 
 " in the world, they are strangers to them that under- 
 *' stand them not ; and though old, respecting the 
 *^ time when they were revealed to the Saints, yet new 
 " to every age : so that we assert not a revelation of 
 *^ new things, but a renewed revelation of those things 
 ^' God made former ages witnesses of; otherwise men 
 *^ are no more benefited by them : and to be benefited, 
 " they must be made ours by the Spirit, which made 
 " them the holy ancients'." Penn, p. 37. 
 
 " Suppose any man should pretend a vision of very 
 *^ strange and unwonted things^ should imitate a 
 " trance, and personate some extraordinary inspired 
 ^^ person; by what place of Scripture 'would others 
 ^^ assure themselves of the sincerity or imposture of 
 " such a person; his rationals being otherwise sound, 
 *^ his life sober, and his pretences no way anti- 
 '^ scriptural ? — I affirm to all the world, that, in this 
 '^ case, no outward mean whatsoever decides the matter, 
 " or clears the doubt, only the invisible light, power, 
 " or Spirit of God ; yea, and that in far less cases too. 
 '^^ In w^hich sense, chiefly, it is the dispensation of 
 " the Gospel^ so called, and justly preferred before 
 " all other." Penn^ p. 49. 
 
 Note 
 
336 NOTES AND ILLUSTRATIONS. 
 
 NOTE IV. p. 49. 
 
 To this light, or Word within, they seem to appeal, 
 rather than to the written volume of Revelation ; for 
 which, however, they avow a high regard. They pro- 
 fess to wait the impulse of the Spirit in every affair ; 
 but especially in all that concerns religion, or the 
 worship of God. Bogue and Bennett's Hist, of Diss. 
 vol. i. p. 138. 
 
 The following anecdote will further illustrate the 
 principle. A minister, on the Lord's day, having 
 taken for his text the words of the Apostle Peter, 
 '^ We have a more sure word of prophecy, to which ye 
 " do well to take heed, as to a light that shineth in 
 " a dark place," was contradicted by George Fox, one 
 of the early Quakers, who " feeling, as he apprehended, 
 " a Divine power opening his understanding into a 
 ^^ clearer conception of the meaning of the text, and an 
 ^^ authority to express his sense thereof, he signified 
 " that this more sure word of prophecy was not the 
 " Scriptures, but the Holy Spirit.'' Gough's Hist, of 
 Quakers, vol. i. p. 82. 
 
 NOTE V. p.55. 
 
 The only pretenders to religion, who attempted any 
 thing against the government, was a small number 
 of enthusiasts, who were for King Jesus. Their leader 
 was Thomas Venner, a wine-cooper, who, in his little 
 conventicle in Coleman street, warmed his admirers 
 with passionate expectations of a fifth universal mon- 
 archy. 
 
isrOTES AND ILLUSTRATIO^TS. 337 
 
 ^irchy, under the personal reign of King Jesus upon 
 earth, and that the saints were to take the king;dom 
 to themselves. To introduce this imaginary kingdom, 
 they marched out of their meeting-house, towards 
 St. Paul's Church-yard, on Sunday, Jan. 6th, to the 
 number of about fifty men, wxll armed, and with a re- 
 solution to subvert the present government, or die in 
 the attempt. They published a declaration of the design 
 of their rising, and placed centinels at proper places. 
 The Lord-mayor sent the Trained Bands to disperse 
 them, whom they quickly routed, but in the evening 
 retired to Cane Wood, between Highgate and Hamp- 
 stead. On Wednesday mornings they returned, and di- 
 spersed a party of the King's soldiers in Threadneedle 
 street. In Wood street they repelled the Trained Bands, 
 and some of the Horse Guards ; but Venner himself was 
 knocked down, and some of his company slain : from 
 hence the remainder retreated to Cripplcgate, and took 
 possession of a house, which they threatened to defend 
 with a desperate resolution ; but nobody appearing to 
 countenance their frenzy^ they surrendered, after they 
 had lost about half their number. Venner, and one of 
 his officers, were hanged before their meeting-house 
 door in Coleman street, Jan. IQth ; and, a few days after, 
 nine more were executed, in divers parts of the city, — 
 NeaVs Hist. vol. iv. p. 3 10. 
 
 NOTE VI. p. 58. 
 
 it is " the calling upon God to witness, i. e. to take 
 ^* notice of what we say ;" and it is " invoking his 
 
 z '' venge- 
 
338 NOTES AND ILLUSTRATIONS. 
 
 " vengeance^ or renouncing his favour^ if what we say 
 " be false, or what we promise be not performed." — 
 Paley's Moral Philosophy, vol. i. chap. 16. § 2. 
 
 NOTE VIL p. 58. 
 
 Remove God once out of heaven, and there wdll 
 never be any Gods upon earth. If man's nature had 
 not something of subjection iu it to a Supreme Being, 
 and inherent principles obliging him how to behave 
 himself toward God, and toward the rest of the world, 
 government could never have been introduced, nor 
 thought of. Nor can there be the least mutual security 
 between governors and governed^ where no God is ad- 
 mitted. For it is acknowledging of God, in his su- 
 preme judgement over the world, that is the ground 
 of an oath, and upon which the validity of all human 
 engagements do depend. — IVolseley's Unreasonableness 
 of Atheism, p. 152. 
 
 NOTE VIIL p. 61. 
 
 Nature's light is no less defective, as to the discovery 
 of punishments ; for, however the forebodings of guilty 
 consciences, a dark tradition handed down from ge- 
 neration to generation, and some exemplary instances 
 of Divine severity, leave some impressions of punish- 
 ment on the minds of many in all ages, yet it is well 
 known, that those things were ridiculed by most of the 
 philosophers ; the poets' fictions made them contempti- 
 ble ', and the daily instances of impunity of sinners 
 ' * here 
 
NOTES AND ILLUSTRATIONS. 33Q 
 
 here weakened the impressions. Besides, "evils that 
 follow duty, and losses sustained, are sensible, present, 
 certain, know^n, and so affect strongly; and therefore 
 are not to be balanced by punishments, which are not, 
 or rather, at least, are rarely executed in time, and 
 whereof there is little distinct evidence after time. 
 For be it granted, that the justice and holiness of God 
 render it incredible, that so many transgressors, as escape 
 unpunished here, should get off so ; yet certain it is, 
 that nature's light can no way inform what punish- 
 ment shall be inflicted See Halyhurton, on the Lisuf- 
 
 Jiciency of Natural Religion, p. 87. 
 
 NOTE IX. p. 62., 
 
 The absolution given by the priest, after confession, 
 is in this manner : ^* Our Lord Jesus Christ, who has 
 ^^ left power in his Church to absolve all sinners who 
 " truly repent and believe in him, of his great mercy 
 " forgive thee thine offences; and, by his authoritv com- 
 ^' mitted to me, I absolve thee from all thy sins, in the 
 " name of the Father, Son, and Holy Ghost. Amen." 
 — ^See View of Religions, by Hannah Adams, p. 251. 
 
 The decrees of indulgence, finishing the council, 
 and demanding confirmation, were read, and approved 
 by all. After dinner, the session was held, in which 
 the decree of indulgence was read, containing in sub- 
 stance : That Christ hath given authority of granting 
 them to the Church, and (the churchj hath used the 
 same from all antiquity. And, therefore, the synod 
 
 z 2 doth 
 
34 O NOTES AND ILLUSTRATIONS. 
 
 doth teach, and command, that the use of them ought 
 to be continued, as profitable for Christian people, 
 and approved by councils ; and doth anathematize 
 those that shall say they are unprofitable, and that 
 the Church hath not power to grant them. — Hist, of 
 Council of Trent, p. 812* 
 
 NOTE X. p. 63. 
 
 Make not God the object of your oaths {i.e. so as 
 to swear frequently by him) ; that ye will deal justly, 
 and be devout, and make peace among men ; for God 
 is he who heareth and knoweth. God will not punish 
 you for an incoijsiderate word in your oaths ; but he 
 will punish you for that which your hearts have 
 assented unto. God is merciful r — Sale's i^ora/z, chap, ii, 
 p. 4a. 
 
 God will not punish you for an inconsiderate 
 word in your oaths, but he will punish you for what 
 ye solemnly swear with deliberation. And the ex- 
 piation of such an oath {to wit, an oath sworn inad^ 
 vertently) shall be the feeding of ten poor men, with 
 such moderate food as ye feed your own families 
 withal, or to clothe them, or to free the neck of a true 
 believer from captivity : but he who shall not find 
 wherewith to perform one of these three things, shall 
 fast three days. This is the expiation of your oaths, 
 when ye swear inadvertently : therefore keep your 
 oaths, — Sale's Koran, chap. v. p. 148. 
 
 Note 
 
NOTES AND ILLUSTRATIONS. 341 
 
 NOTE XI. p.' 67. 
 The following decree is of greater importance, 
 because the Council therein explains itself upon the 
 validity of the safe-conducts granted to hereticks by 
 temporal princes, in these terms : " The present synod 
 '^ declares, that every safe-conduct granted by the 
 ^' emperor, kings, and other temporal princes, to 
 " hereticks, or persons accused of heresy^ in hopes 
 " of reclaiming them, ought not to be any prejudice 
 " to the Catholick faith, or to the ecclesiasticafl juris- 
 " diction, nor to hinder 5 but such persons may, and 
 " ought to be examined, judged, and punished, ac- 
 '^ cording as justice shall require, if those hereticks 
 '^ refuse to revoke their errors, even though they should 
 '^ be arrived at the place where they are to be judged 
 " only upon the faith of the safe-conduct, without 
 " which they would not have gone thither. And the 
 " person who shall have promised them security, shall 
 " not, in this case, be obliged to keep his promise, by 
 " whatsoever tie he may be engaged, because he has 
 ^' done all that is in his power to do." 
 
 To this decree it is necessary to add another, which 
 relates to the safe-conduct of John Hus in particular. 
 This decree, which is not in the printed Acts, is to be 
 seen in MS. in the Vienna library. It runs thus, word 
 for word. 
 
 " Whereas there are certain persons, either ill 
 " disposed, or over-wise- beyond what they ought to 
 " be, who, in secret and in publick, traduce not only 
 " the Emperor, but the sacred Council ; saying, or in- 
 sinuating. 
 
342 NOTES AND ILLUSTRATIONS. 
 
 ^'^ sinuating, that the safe-conduct granted to John Hus, 
 '' an arch-heretick, of damnable memory^ was basely 
 " violated, contrary to all the rules of honour and 
 " justice ; though the said John Hus, by obstinately 
 " attacking the Catholick faith in the manner he did, 
 ^^ rendered himself unworthy of any manner of safe- 
 " conduct and privilege ; and though, according to the 
 ^' natural, divine, and human laws, no promise ought to 
 '^ have been kept ivith him, to the prejudice of the Ca- 
 " tholick faith. The sacred Synod declares, by these 
 "^ presents, the said Emperor did, with regard to John 
 ^^ Hus, what he might and ought to have done, not- 
 " withstanding his safe-conduct ; and forbids all the 
 ^' faithful in general, and every one of them in par- 
 ■^ ticular, of what dignity, degree, pre-eminence, con^ 
 " dition, state, or sex, they may be, to speak evil in 
 '' any manner, either of the Council, or of the King, 
 '^^ as to what passed with regard to John Hus, on pain 
 " of being punished, without remission, as favourers 
 " of heresy, and persons guilty of high treason/' — 
 What the decree says, viz. that, according to the laws, 
 natural, divine, and human, no faith ought to have 
 been kept with John Hus, to the prejudice of the 
 orthodox faith, is of a very general consequence. 
 For unless it can be proved that the case of John Hus 
 was different from that of all other hereticks, it follows 
 clearly from thence, that no faith or promise ought 
 to be kept w ith any heretick whatsoever* — Hist, of 
 Coimcil of Constance, book iv. sect. 32. 
 
 Note 
 
^OTES AND ILLUSTRATIONS. 34o 
 
 NOTE XIL p. 67. 
 
 See ah account of the death of the Queen of Na- 
 varre ; the murder of Admiral CoHgni ; and the mas- 
 sacre of St. Bartholomew's day, in Fox's Martyrs, vol.iii. 
 p. 51 to p. 67. Also see a brief account of the Irish 
 massacre in 1642^ in SouthtvelVs Martyrs, p. 410 to 
 p. 415. 
 
 NOTE XIII. p. 74. 
 
 The nuptials of the young King of Navarre with 
 the French King's sister^ were solemnized with pomp ; 
 and all the endearments, all the assurances of friend- 
 ship, all the oaths sacred among men, were profusely 
 lavished by Catharine, the queen-mother, and by the 
 king ; during which the rest of the court thought of 
 nothing but festivities, plays, and masquerades. At 
 last, at twelve o'clock at night, on the eve of St. Bar- 
 tholomew, the signal was given. Immediately, all the 
 houses of the Protestants w^ere forced open at once. — 
 Some priests, holding up a crucifix in one hand, and a 
 dagger in the other, ran to the chiefs of the murderers, 
 and strongly exhorted them to spare neither relations 
 
 nor friends. See SouthweWs Neiv Book of Martyrs, 
 
 p. 104. 
 
 France, also, is another country, which, since the 
 Reformation, in some respects, perhaps, more than any 
 other, has been a scene of dreadful cruelties suffered by 
 the Protestants there. After many cruelties had been 
 
 exer- 
 
344 NOTES AND ILLUSTRATIONS. 
 
 exercised towards the Protestants in that kingdom^ there 
 was begun a persecution of them in the year 1571, in 
 the reign of Charles IX, king of France. It began 
 with a cruel massacre^ wherein 70^000 Protestants were 
 slain in a few days' time, as the king boasted : and, in 
 ^11 this persecution, he slew, as is supposed, 300,000 
 martyrs. And it is reckoned, that about this time, 
 within thirty years, there were martyred in this king- 
 dom, for the Protestant religion, 39 princes, 148 counts, 
 234 barons, 147,518 gentlemen, and 760,000 of the 
 common people. — Pres. Edwards's Hist, of Redemption, 
 Dr.W.'s ed. vol. v. p. 234. 
 
 NOTE XIV. p. 93. 
 
 Naturalization cannot be performed, but by act of 
 Parliament : for by this, an alien is put in exactly the 
 same state, as if he had been born in the King's liegance; 
 except only, that he is incapable, as well as a denizen, 
 of being a member of the Privy Council or Parliament, 
 holding offices, grants, &:c. — Blackstone' s Commentaries, 
 vol. i. p. 374. 
 
 Aliens are incapable of taking by descent, or inhe- 
 riting : for they are not allowed to have any inheritable 
 blood in them ; rather, indeed, upon a principle of na- 
 tional or civil policy, than upon reasons strictly feodal. 
 Though, if lands had been suffered to fall into their 
 hands, who owe no allegiance to the Crown of England, 
 the design of introducing our feuds, the defence of the 
 jcingdom, would have been defeated. Wherefore, if a 
 
 mm 
 
NOTES AND ILLUSTRATIONS. 345 
 
 fiian leaves no other relations but aliens, his land shall 
 escheat to the lord. — Blackstone's Comm. vol. ii. p. 249. 
 
 NOTE XV. p. g6. 
 
 Wrongs are divisible into two sorts or species ; 
 private wrongs , and puhlick wrongs. The former are an 
 infringement or privation of the private or civil rights 
 belonging to individuals, considered as individuals ; and 
 are, thereupon, frequently termed civil injuries. The 
 latter are a breach and violation of publick rights and 
 duties, which affect the whole community ; and are di- 
 stinguished by the harsher appellation of crimes and 
 misdemeanors. — Blackstone's Comm. vol. iii. p. 2. 
 
 A crime, or misdemeanor, is an act committed, or 
 omitted, in violation of a publick law, either forbidding 
 or commanding it. This general definition compre- 
 hends both crimes and misdemeanors ; which, pro- 
 perly speaking, are mere synonymous terms : though, 
 in common usage, the word ^ crimes' is made to denote 
 such offences as are of a deeper and more atrocious 
 dye; while smaller faults, and omissions of less con- 
 sequence, are comprized under the gentler name of 
 ^ misdemeanors " only. If I detain a field from another 
 man, to which the la^v has given him a right, this is 
 a civil injury, and not a crime ; for here only the right 
 of an individual is concerned, and it is immaterial to 
 the publick, which of us is in possession of the land : 
 but treason, murder, and robbery, are properly ranked 
 
 among^ 
 
346 NOTES AND ILLUSTRATIONS. 
 
 among criiTies ; since, besides the injury done to in- 
 dividuals, they strike at the very being of society, 
 Vv'hich cannot possibly subsist where actions of this 
 sort are suffered to escape with impunity. — Blackstone*s 
 Commentary, vol. iv. p. 5. 
 
 NOTE XVI. p. 99. 
 
 In human governments, the power of dispensing 
 with the laws in particular cases, is universally allowed 
 to arise from the weakness and imperfection of all 
 human systems. It is properly remarked by Marquis 
 Beccaria, on crimes and punishments, that a perfect 
 legislation excludes the idea of pardoning, or sus- 
 pending the stroke of justice. — See Charges by the 
 Hon. J, Rushy Pennsylvania. 
 
 Nam non repugnat poenas lege definitas esse justas, 
 et tamen easdem quandoque recte remitti. Nam leges 
 in genere definiunt, quae poenae cuique delicto de- 
 'bcantur, non considercitis pcculiaribus circumstantiis, 
 quae in certa persona, aut certa reipublicae conditione 
 quandoque occurrunt. Ast venia singulis indulgetur ob 
 cer,tas rationes, quae haut quidquam in omnibus pec- 
 cantibus, aut semper deprehendentur. — Vide Puffend. 
 de Jure Naturce et Gentium , lib. viii. cap. 3. 
 
 Note 
 
NOTES AND ILLUSTRATIONS. 34/ 
 
 NOTE XVII. p. 101. 
 
 The Parliament^ by the statute of 1st WilHam and 
 Mary^ st. 2. c. 2. enacted^ that every person who should 
 be reconciled to, or hold communion with, the See 
 of Rome, should profess the Popish religion, or should 
 marry a Papist, should be excluded, and be for ever 
 incapable to inherit, possess, or enjoy, the crown ; and 
 that, in such case, the people should be absolved from 
 their allegiance, and the crown should descend to such 
 persons, being Protestants, as would have inherited 
 the same, in case the person so reconciled, holding 
 communion, professing, or marrying, were naturally 
 dead. To act therefore consistently with themselves, 
 and at the same time pay as much regard to the old 
 hereditary line as their former resolutions would admit, 
 they turned their eyes on the Princess Sophia, electress 
 and duchess-dowager of Hanover, the most accom- 
 plished princess of her age. For, upon the impending 
 extinction of the posterity of Charles the First, the 
 old law of regal descent directed them to recur to the 
 descendants of James the First ; and the Princess 
 Sophia, being the youngest daughter of Elizabeth, queen 
 of Bohemia, who was the daughter of James the First, 
 was the nearest of the antient blood royal, who was 
 not incapacitated by professing the Popish religion. 
 On her, therefore, and the heirs of her body, being Pro- 
 testants, the remainder of the Crown, expectant on the 
 death of King William and Queen Anne without 
 
 issue. 
 
348 NOTES AND ILLUSTRATIONS. 
 
 issue, was settled by statute of 12 and 13 William III. 
 cap. 2. And at the same time it was enacted^ that 
 whosoever should hereafter come to the possession of 
 the crown, should join in the communion of the Church 
 of England, as by law established. — Blackstone's Comm. 
 vol. i. p. 216. *^ 
 
 For the security of the Protestant successioriy it was 
 enacted, by statute 13 and 14 William HI. cap. 3. that 
 the pretended Prince of Wales, who was then thirteen 
 years of age, and had assumed the title of James the 
 Third, should be attainted of high treason ; and it was 
 made high treason for any of the king's subjects, by 
 letters, messages, or otherwise, to hold correspondence 
 with him, or any person employed by him, or to remit 
 any money for his u§e, knowing the same to be for 
 his service. — By the statute 1st Anne, st. 2. cap. 17. if 
 any person shall endeavour to deprive or hinder any 
 person, being next in succession to the crown, accord- 
 ing to the limitations of the Act of Settlement, from 
 succeeding to the crown, and shall maliciously and 
 directly attempt the same by any overt act, such o-ffence 
 
 shall be high treason. Blackstone's Commentaries^ 
 
 vol. iv. p. 92. 
 
 NOTE XVIII. p. 102. 
 
 " It is a most dangerous thing, to shake, or alter, 
 any of the rules, or fundamental points, of common 
 law ', which, in truth, are the main pillars and sup- 
 
 " porters 
 
NOTES AND ILLUSTRATIONS. 349 
 
 " porters of the fabrick of the commonwealth."-* 
 /Sir Edivard Cokes Institutes, 2d part^ p. 74. 
 
 NOTE XIX. p. 127. 
 
 After the storm was expelled by the victory of 
 CuUoden^ the Dissenters were elevated in the esteem 
 of the government. The rebellion called forth all 
 their ardour in the cause of liberty, both civil and 
 religious. They were agitated with an indescribable 
 solicitude for the safety of the tolerant throne of 
 Brunswick, and the preservation of that liberal con- 
 stitution, under which they had, for half a century, 
 enjoyed those blessings which ought to be dearest to 
 immortal beings. The sermons of the pastors, and 
 the prayers of the churches, spoke the lively interest 
 they feh in the contest. Dr. Doddridge exerted him- 
 self with great zeal, and at considerable expense, in 
 a cause which appeared to him to affect the Christian 
 as deeply as the patriot. His biographer says, " When 
 " a regiment was raising in Northamptonshire, to be 
 " under the command of the Earl of Halifax, he wTote 
 ^' many letters to his friends in that country and neigh- 
 " bourhood, to further the design. He went among 
 ^^ his own people, to encourage them to enlist ; and 
 " had the pleasure to find many of them engaging 
 *^ chearfully in the cause. He drew up, and printed 
 " at his own expense, a friendly letter to the private 
 " soldiers of a regiment of foot, which was one of those 
 
 " engaged 
 
350 NOTES AND ILLUSTRATIONS. 
 
 ^^ engaged in the glorious battle of Culloden." When 
 his friend. Colonel Gardiner, fell in the struggle 
 between the House of Hanover and the Family of 
 Stuart, Dr. Doddridge honoured him as one who had 
 poured out his blood for the sacred as well as civil 
 liberties of Britons. It was his high sense of the 
 importance of the contest to the religious interests of 
 the kingdom, which inspired the biographer wdth the 
 unusual eloquence which glows in his memoirs of the 
 Colonel. Watts and Doddridge both employed their 
 poetick talents in hymns, which were designed to 
 aid the patriotick devotions of the Dissenters, and 
 express their grateful contidence in the protection of 
 Heaven to the righteous cause of Freedom. — See Bogus 
 and Bennett's Hist, of Dissenters, vol. iii. p. 176. 
 
 NOTE XX. p. 148. 
 
 Another serious misfortune to France was the 
 influence acquired by the popular societies. The 
 Jacobin Club originated from a small and secret as- 
 sociation of about forty gentlemen and men of letters, 
 who united themselves, long previous to the meeting 
 of the States-general, for the purpose of disseminating 
 political knowledge among the mass of the people. 
 It was afterwards melted into the Breton Club, at Ver- 
 sailles, during the first sessions of the National 
 Assembly ; and the society becoming numerous, on the 
 removal of the King and Assembly to Paris,, it obtained 
 
 the 
 
NOTES AND ILLUSTRATIONS. 351 
 
 the possession of the Chapel of the Jacobins, on the 
 dissolution of the monastick orders. The popularity 
 which it acquired soon rendered it exceedingly nume- 
 rous, and this circumstance pointed it out as a proper 
 engine to work upon the passions of the multitude. 
 From a very early period of its institution, one prin- 
 cipal object was, to discuss such political questions 
 as were likely to be agitated in the National Assembly, 
 in order that the members might act in concert, accord- 
 ing to the decisions of the majority. This plan was 
 reduced to a system, when the club became numerous, 
 and a regular president and secretaries were chosen; 
 and it became a National Assembly in miniature. 
 Besides the members, an immense multitude of auditors 
 were admitted into the galleries, who applauded or 
 condemned the speakers, as passion or caprice dic- 
 tated. Here the most inflammatory declamations were 
 heard with the most clamorous testimonies of appro- 
 bation ; and every proposition, in the least inclining 
 to moderation of sentiment, or wisdom in political 
 conduct, was reprobated and condemned. In few- 
 words, it became, ultimately, the mere vehicle of 
 faction ; where, as is usually the case in such instances, 
 the worst men, and the worst measures, were com- 
 monly triumphant. Fraternal societies (according 
 to the barbarous jargon, which was adopted as the 
 language of anarchy,) were instituted in all the con- 
 siderable towns in the kingdom : and the only object 
 of emulation, in these nests of political hornets, seemed 
 to be, which should act most unwisely, and least for 
 
 the publick benefit. 
 
 In 
 
352 NOTES AND ILLUSTRATIONS. 
 
 In imitation of the Jacobins^ several other societiei^ 
 were instituted for the purpose of political discussion 5 
 and thus, independent of the^pertersion of sentiment, an 
 intolerable waste of time was occasioned to the lower 
 classes of society. It should have been one of the great 
 objects of the National Assembly, to dissolve or restrain 
 these factious assemblages, and to restore the nation from 
 that political delirium, in which so great a revolution 
 must necessarily involve them, to the sober paths of 
 industry, economy, and proper subordination. — Hist, 
 of the French Revohition, vol. i. p. 435. 
 
 NOTE x:^r. 
 
 What ground have either the Prince or the State id 
 be jealous or alarmed at a new sect or opinion, so long 
 as they inculcate nothing contrary to good morals, 
 nor to the principles of civil government, and the 
 respect due to the supreme authority of the state ? 
 But the moment they begin to teach doctrines sub- 
 versive of authority and government, they ought to 
 be banished ; not from the mere circumstance of their 
 being a new sect, or differing from the established 
 mode of worship, but because their principles are 
 destructive of publick order and peace. Were the 
 mere novelty of a religion a sufficient reason for not 
 tolerating it, with what propriety or justice could the 
 primitive Christians complain of the cruel persecu- 
 tions of Paganism, in the very heart of which they 
 
 came 
 
NOTES AND ILLUSTRATIONS. 
 
 came to announce a doctrine which was novel in every 
 sense of the word, and which appeared to the world 
 
 very strange and uncommon. ^^ It is necessary/^ 
 
 you will reply, " to watch with a very strict eye all 
 '* private assemblies and meetings, especially those 
 " that convene by night." But men of honour and 
 probity will never conceal themselves in that manner, 
 unless they are deterred by fear, or compelled by immi- 
 nent danger. And if there should be any real founda- 
 tion for jealousy or distrust, might not certain persons 
 be employed to visit their assemblies, and to be 
 witnesses of what passed there ? 
 
 See a Discourse on Lilerty of Conscience, by G. Noodt, 
 Professor of Law in the University of Leyden, p. 167. 
 
 NOTE XXIL p. 168. 
 
 Then shall the Bishop examine every one of them that 
 are to be ordered, in the presence of the people, after this 
 manner folloiving : Do you trust that you are in- 
 wardly moved by the Holy Ghost to take upon you 
 this office and ministration, to serve God, for the pro- 
 moting of his glory, and the edifying of his people ? 
 
 Answer. — I trust so. 
 
 A A Note 
 
354 NOTES AND ILLUSTRATIONS. 
 
 NOTE XXIIL p. 176, 
 
 1. The Oath of Allegiance^ by the 1st George, 
 St. 2. cap. 13. 
 
 I A. B. do sincerely promise and swear, that I will 
 be faithful, and bear true allegiance to his Ma- 
 jesty, King George. So help me God. 
 
 2. The Oath of Supremacy, by the 1st George, 
 St. 2. cap. 13. 
 
 I A. B, do swear, that I do, from niy heart, 
 abhor, detest, and abjure, as impious and 
 heretical, that damnable doctrine and position, 
 that princes, excommunicated or deprived by 
 the Pope, or any authority of the See of Rome, 
 may be deposed or murdered by their subjects, 
 or any other whatsoever. And I do declare, 
 that no foreign prince, person, prelate, state, 
 or potentate, hath, or ought to have, any juris- 
 diction, power, supremacy, pre-eminence, or 
 authority, ecclesiastical or spiritual, within this 
 realm. So help me God. 
 
 See Burn's Jjisticey vol. iii. p. 231. 
 
 Note 
 
NOTES AND ILLUSTRATIONS. ^55 
 
 NOTE XXIV. p. 183. 
 
 To a candid and liberal mind, it must be painful 
 to reflect, that Arians and Socinians are still subject 
 to those galling restrictions which the oppressive 
 Acts of Parliament, passed daring the reigns of 
 Elizabeth and Charles the Second, imposed on Dis- 
 senters in general. See ih^ Act of Toleration, sect. 1 6, 
 " Provided always, and be it further enacted, by the 
 " authority aforesaid, that neither this act, nor any 
 " clause, article, or thing, herein contained, shall 
 ,'^ extend, or be construed to extend, to give any ease, 
 " benefit, or advantage, to any Papist, or Popish 
 ^^ recusant whatsoever, or any person that shall deny, 
 *' in his preaching or writing, the doctrine of the blessed 
 " Trinity, as it is declared in the aforesaid Articles of 
 ^^ Religion.'' — To the author of these Essays, the doc- 
 trinal views of the Arian and Socinian appear grossly 
 heterodox ; but the decision of the question, on which 
 side truth is to be found, must remain to be given b^'' 
 our final Judge ; and, in the interim, all parties will 
 best secure to themselves his approbation, by obedience 
 to those precepts which he enjoined. \Vhen tv/o of 
 his disciples were desirous of calling down fire from 
 heaven, to consume those who slighted their master, 
 he reproved them in those emphatick w^ords, ^^ Ye 
 "know not what manner of spirit ye are of;" and 
 his injunction to all who profess to honour him as their 
 
 A A 2 Lordj 
 
356 NOTES AND ILLUSTRATIONS. 
 
 Lord^ is^ " As ye would that men should do unto you, 
 *^ do ye even so to them." These are sentiments which 
 must be grossly infringed by every species of perse- 
 cution. 
 
 NOTE XXV. p. 207. 
 
 The following remarks upon the number of Pro- 
 testant Dissenters were drawn up by a very eminent 
 and intelligent Dissenter, in the year 1778 ; and, from 
 the great increase of ministers and congregations, 
 particularly in the Baptist and Independent connexions, 
 perhaps if we were to compute the number of Pro- 
 testant Dissenters, in the present day, at double the 
 number at which Mr. Robinson then estimated them, 
 it would not be an exaggeration. " The number of 
 
 ^^ partizans in many cases prove nothing — as in com- 
 '^ muni ties where the people cannot — or may not — 
 "think for themselves. — But in our communities-*- 
 " where no secular interest warps— and where strong 
 *' temptations attack — where inquiry is free — and men 
 " actually examine — numbers are considerable. — The 
 " present body consists of Baptists — general and 
 
 '^ PARTICULAR — InDEPENDANTS — PrESBYTERIANS — 
 
 ^^ more strictly Independants, who occupy such meet- 
 " ing-houses as were Presbyterian formerly — The 
 " PEOPLE called Quakers. — There are in England 
 " and Wales about 1400 congregations of the three 
 "first denominations — the largest third of which is 
 
 " Baptist 
 
NOTES AND ILLUSTRATIONS. 357 
 
 *^ Baptist — The Quakers are numerous — The whole 
 '^ is at least one-fifth of the nation." 
 
 See Rolinson's Lectures on Nonconformity. 
 
 NOTE XXVI. p. 220. 
 
 " The baptism of the Dissenters (say the ecclesi- 
 *' asticks) is no baptism; their dispensation of the Lord's 
 " Supper is no sacrament; their prayers^ as ministers of 
 " Christ, are no prayers, and have no influence; and their 
 '^ preaching is no preaching, and utterly destitute of 
 " effect: they are, therefore, all of them out of the pale 
 " of the Church of God/' But on what foundation 
 could they rest so weighty a charge ? They reasoned 
 thus : " Ordination is absolutely necessary to make a 
 '^ man a minister. This ordination must be performed 
 " by the laying on of the hands of a bishop : and that 
 '^ bishop must have derived his office and authority, by 
 " a regular succession, from the Apostles. Such an 
 '' ordination the dissenting ministers have not had : 
 ^^ they were ordained by presbyters only, who have no 
 " right to ordain : therefore their ordination was not 
 ''^ valid. They are no ministers of Christ, but continue 
 " mere laymen ; and their ministrations are invalid, 
 " and have no effect. So that, though the poor unhappy 
 " people think they are baptized, and have received the 
 " Lord's Supper, it is a dangerous mistake : all their 
 
 ^Mninistrations are a mere nullity." The church 
 
 of 
 
358 NOTES AND ILLUSTRATIONS. 
 
 of Rome^ which;, in the symbolical writings of the 
 Anglican churchy is represented as the whore of Baby- 
 lon, was now considered as a chaste virgin espoused 
 to Christ; her sons were embraced as brethren^ and 
 their ministry and services accounted valid, because, in 
 their ordination, a bishop laid his hand upon their 
 shaven crowns ; while the unbishoped churches of the 
 Reformation were disowned as of spurious breed, and 
 their ministers were said to be in '^ pretended holy 
 orders." — See Bogue and Bennett's History of Dis- 
 senteis, vol. i. p. 419 — 421. 
 
 The severity with which you speak of the ordi- 
 nation of the Dissenters, though the very same with 
 that of all the illustrious churches of Protestants abroad, 
 whilst, at the same time, you are so complaisant as to 
 acknowledge the validity of the ordinations of the 
 church of Rome, is a conduct so extraordinary in a 
 Protestant Divine, that I never yet saw any plausible 
 reasons for supporting it. The hands, and the devoutest 
 prayers of a company of truly virtuous, religious, and 
 Christian Presbyters, in Scotland or Geneva, are not so 
 efficacious, it seems, to send a man forth a true minister 
 in the Church of Christ, as the hands and supersti- 
 tious prayers of an Antichristian, idolatrous, perse- 
 cuting, and wicked bishop of Italy or of Spain. No: 
 let a priest, ordained by one of these, come over to the 
 church of England, he shall be received as a valid mini- 
 ster, rightfully ordained; but, let another, ordained by 
 the most learned religious presbyterv, which Germany, 
 Hungary, or the whole world)Can boast, come over also 
 
 to 
 
NOTES AND ILLUSTRATIONS. 359 
 
 to this church, this Protestant church, his orders shall 
 be pronounced not valid ; he must submit to be re- 
 ordained. — ToLVgood's Letters to IVh'ite, p. l/Q- 
 
 NOTE XXVII. p. 269. 
 
 It is necessary to observe, that the revolution in 
 France was, at the first, too suddenly effected. The 
 change in the circumstances, habits, and opinions of 
 the people, was too violent, and they were too little 
 prepared for the enjoyment of liberty.— Had the king 
 favoured, to a certain degree, the liberty of the press, 
 the free discussion of controverted points might have 
 been advantageous to the cause of truth and modera- 
 tion ; while, on the contrary, the people, having been 
 wholly unaccustomed to the liberty of the press, were 
 not on their guard against its licentiousness, and were 
 constantly imposed upon, and (became) the dupes of 
 
 the infamous journalists and their employers. A 
 
 most fatal means of promoting bad dispositions among 
 the people has been the popular societies, instituted 
 throughout the kingdom, for debating upon political 
 subjects ; and the Jacobins in particular. In the first 
 dawn of French liberty, such institutions might have 
 their use; but they should even then have been re- 
 strained within moderate bounds, and as soon as 
 possible dissolved. — History of the French Revolution^ 
 vol. ii. pp. 336—346. 
 
 Note 
 
360 NOTES AND ILLUSTRATIONS. 
 
 NOTE XXVIII. p. 273. 
 
 If there should happen any uncommon injury, or 
 infringement of the rights above mentioned, which 
 the ordinary course of law is too defective to reach, 
 there still remains a fourth subordinate right, apper- 
 taining to every individual; namely, the right of peti- 
 tioning the King, or either House of Parliament, for 
 the redress of grievances. In Russia, we are cold that 
 the Czar Peter established a law, that no subject 
 might petition the throne, till he had first petitioned 
 two different ministers of state. In case he obtained 
 justice from neither, he might then present a third 
 petition to the Prince; but upon pain of death, if found 
 to be in the wrong. The consequence of which was, 
 that no one dared offer such third petition ; and griev- 
 ances seldom falling under the notice of the sovereign, 
 he had little opportunity to redress them'. The re- 
 strictions, for some there are, which are laid upon pe- 
 titioning in England, are of a nature extremely different ; 
 and while they promote the spirit of peace, they are 
 no check upon that of liberty. Care only must be taken, 
 lest, under the pretence of petitioning, the subject be 
 guilty of any riot or tumult, as happened in the open- 
 ing of the memorable Parliament in 1640 : and, to pre- 
 vent this, it is provided by the statute 13 Car. II. st. 1. 
 c. 5. that no petition to the King, or either House of 
 Parliament, for any alteration in church or state, shall 
 
 be 
 
 (l) See Montesquieu's Spirit of Laws. 
 
NOTES AND ILLUSTRATIONS. 36 1 
 
 be signed by above twenty persons, unless the matter 
 thereof be approved by three justices of the peace, or 
 the major part of the grand jury, in the county; and in 
 London, by the lord-mayor, aldermen, and common- 
 council : nor shall any petition be presented by more 
 than ten persons at a time. But, under these regula- 
 tions, it is declared by the statute 1st William and 
 Mary, st. 2. c. 2. that the subject hath a right to petition; 
 and that all commitments and prosecutions for such 
 petitioning are illegal. — Blackstones Commentaries , 
 vol. i. p. 143. 
 
 NOTE XXIX. p. 295. 
 
 The unhappy influence of those publications, which 
 tend to deteriorate the moral principles of the youth 
 in the community, is manifest in a great variety of 
 instances ; but in nothing more obvious than in the 
 infidel bias which they impart to the general operation 
 of the mental powers; and the awful consequence of 
 that bias, when adverse events agitate the mind, and 
 damp the ardour of expectation. 
 
 " Thus often, unbelief, ^rown sick of life, 
 
 " Flies to the tempting pool, or felon knife : 
 
 *' The jury meet, the coroner is short, 
 
 ** And ' lunacy' the verdict of the court. 
 
 " Reverse the sentence, let the truth be known, 
 
 ** Such lunacy is (unbelief) alone." 
 
 Cowper's Truth. 
 
 Note 
 
362 NOTES AND ILLUSTRATIONS. 
 
 NOTE XXX. p. 302. 
 
 Being thus in custody, Edward Bushel, one of the 
 said jurors, on the ninth of November following, brought 
 his Habeas Corpus in the Court of Common Pleas. On 
 which the sheriffs of London made return, ' That he 
 ' W3i5 detained by virtue of an order of Sessions, whereby 
 ' a fine of forty marks was set upon him, and eleven 
 ^ others, particularly named ; and every one of them 
 ' being jurors sworn to try the issues joined between 
 ^ the King, and Penn, and Mead, for certain trespasses, 
 ^ contempts, unlawful assemblies, and tumults, and who 
 ^ then, and there, did acquit the said Penn, and Mead, 
 ^ of the same, against the law of this kingdom, and 
 ^ against full, and manifest, evidence; and against the 
 ^ direction of the court in matter of law, of and upon 
 ^ the premises openly in court to them given and 
 ' declared; and it was ordered, they should be impri- 
 ^ soned till they severally paid the said fine, which the 
 ' said Bushel not having done, the same was the cause 
 ^ of his caption and detention.' 
 
 The court coming to debate the validity of this 
 return, adjudged the same insufficient: For, 1. The 
 words, ^ Against iiill, and manifest, evidence,' was too 
 general a clause : the evidence should have been fully, 
 and particularly, recited; else how shall the court 
 know that it was so full and manifest ? they have 
 now only the judgement of the sessions for it, that 
 
 it 
 
NOISES AND ILLUSTRATIONS. 303 
 
 it was so : ^ but/ said the judges, ' our judgements 
 ' ought to be grounded upon our own inferences and 
 ^ understandings, and not upon theirs/ 
 
 2. It is not said, that they acquitted the persons 
 indicted against full and manifest evidence, corrjiptly ^ 
 and knowing the said evidence to be fall and inanifest. 
 For otherwise it can be no crime ; for that may seem 
 full, and manifest, to the court, which does not appear 
 so to the jury. 
 
 3. The other part of the return; viz. 'That the 
 ^ jury had acquitted those indicted, against the direc- 
 ^ tion of the court in matter of law," was also adjudged 
 to be nought, and unreasonable ; and the fining the 
 juries for giving their verdict in any case concluded 
 to be illegal, for the several reasons before recited, and 
 other authorities of law urged to that purpose ; and 
 all the precedents, and allegations, brought to justify 
 the fine, and commitment, solidly answered. V/here- 
 upon the chief justice delivered the opinion of the 
 court, ' That the cause of commitment ivas insufficient ; ' 
 and accordingly the said Bushel, and other his fellow- 
 prisoners, were discharged, and left to the common 
 law for remedy and reparation of the damages, by 
 that tortuous, illegal imprisonment, sustained. 
 
 See a pamphlet entitled The Englishman's Right, by 
 Sir John Hawles, Knt. Solicitor-general to King William 
 the Third. Also the case at large, with all the ob- 
 jections and precedents, and the reasons of the court, 
 in Vaiighans Report, folio, p. 135 to p. 158. 
 
 Note 
 
'6-1 NOTES AND ILLUSTRATIONS. 
 
 NOTE XXXL p. 303. 
 
 In order to maintain both the dignity and inde- 
 pendence of the judges irj the superior courts, it is 
 enacted, by the statute 13 William III. c. 2. that their 
 commissions shall be made (not, as formerly, durante 
 bene placito, or during pleasure, but) quamdiu bene se 
 gesserint, so long as they conduct themselves well, and 
 their salaries ascertained and established, but that it 
 may be lawful to remove them on the address of both 
 Houses of Parliament. And now, by the noble im- 
 provements of that law, in the statute of 1st George 
 III. c. 23. enacted at the earnest recommendation of 
 the King himself from the throne, the judges are con- 
 tinued in their offices during their good behaviour, 
 notwithstanding any demise of the Crown, (which 
 was formerly held immediately to vacate their seats,) 
 and their fall salaries are absolutely secured to them 
 during the continuance of their commissions ; his 
 Majesty having been pleased to declare, that " he 
 ^'^ looked upon the independence and uprightness of 
 ^' the judges as essential to the impartial administra- 
 " tion of justice; as one of the best securities of the 
 "rights and liberties of his subjects; and as most 
 " conducive to the honour of the crown." — Blackstone's 
 Commentaries, vol. i. p. 267. 
 
 Note 
 
NOTES AND ILLUSTRATION'S^. 36*5 
 
 NOTE XXXIL p. 319. 
 
 Several persons were sent into different countries^ 
 to preach up indulgences in sin, and to receive money 
 for them. The collectors persuaded the people, that 
 those who gave to the value of about ten shillings 
 sterling, should, at their pleasure, deliver one soul from 
 the pains of purgatory. Bat if the sum was less, they 
 preached, that it would profit them nothing. 
 
 The Pope employed the Dominicans in this dirty 
 work in Germany; at which the Augustines were irri- 
 tated, and pretended that the office of retailing indul- 
 gences belonged to them. As all the money, raised 
 this way in Saxony and thereabouts, was granted to 
 Magdalen, sister to the Pope, she, to make the most of 
 it, appointed Archimbald, a bishop, by habit and title, 
 but well versed in the tricking part of trade as a 
 Genoese, to manage for her. But we are told, that 
 Albert of Brandenburg, archbishop of Mentz and 
 Magdeburg, who was soon after made a cardinal, had a 
 commission for Germany: that, instead of employing 
 the Augustine friars, who had laboured above all the 
 religious orders to make them pass, he gave his commis- 
 sion to John Tetzelius, a Dominican, and to other friars 
 of the same order; because he had lately collected great 
 sums for Knights of the Teutonick order, who were at 
 war against the Muscovites, by preaching up the like 
 indulgences, which the Pope had granted to these 
 
 kuights. 
 
366 
 
 JSrOTES AI^D ILLUSTRATIONS. 
 
 knights. Tetzelius^ or Iccelius, as he is called by 
 some, boasted^ that ' He had so ample a commission 
 ^ from the Pope, that, though a man should have de- 
 ' flowered the Virgin Mary, for a proper sum of money 
 ^ he could pardon him;' and assured the people, that 
 ' He did not only give pardon for sins past, but also 
 ' for sins to come.* — Middletons Life of Luther, 
 
 NOTE XXXIII. p. 327. 
 
 On St. Bartholomew's day, August 24, 1662, the 
 Act of Uniformity expelled from the Establishment 
 all ministers who would not swear their unfeigned 
 assent and consent to every thing in the Book of 
 Common Prayer. In many parts of the kingdom, the 
 ministers could not procure the book before the time, 
 within which the law required them to swear to it, 
 or resign their livings ; so that, in their farewell ser- 
 mons, they told their flocks, that they were obliged 
 to leave them for not swearing to a book which they 
 had not been able to see. But this was no obstacle 
 to the ruling party, who wished for the most costly 
 sacrifices at the shrine of absolute obedience, and 
 longed to rid themselves of men who were troubled 
 with a conscience. 
 
 Two thousand ministers resigned their livings in 
 the Establishment; and exposed themselves to the loss 
 of all things, rather than submit to these new terms 
 of conformity, which their consciences condemned. 
 
 Bartho- 
 
NOTES AND ILLUSTRATIONS. 307 
 
 Bartholomew's day was chosen, because they would 
 be deprived of their year's income, which would be 
 due shortly after. No portion of their former livings 
 was reserved to keep them from starving ; for these 
 persecutors were not ashamed to be outdone by their 
 enemies \ The great Mr. Locke styles these two 
 thousand ejected ministers, ' learned, pious, orthodox, 
 * divines;' and we have no hesitation in saying, that 
 of them the world was not worthy, nor have their 
 equals been seen in any age or nation. Their writings 
 have erected to their memory a monument more du- 
 rable than brass or marble ; which has so perpetuated 
 and diffused their sentiments and spirit, that had their 
 enemies anticipated the consequences of excluding 
 them from the pulpits, they would have left them 
 to preach, that they might have had no leisure to 
 write. — Bogue and Bennett's Hist, of Diss. vol. i. p. 98. 
 
 (l) See Burnet, vol. IL p. 184. 
 
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