after think fit; willing and defiring, that, whether they be written by Us only, and fign'd by Us, or written by another and ign'd by Us, they may have the fame Force and Validity as if they were particularly inferted and exprefs'd in Our Will. We declare, all that is above written, to be Our laft Will and Teftament; defiring, that it may have, and take Effect, either as Teftament, Codicil, Donation, because of Death, or in any other. Manner, that may render it most valid and effectual, notwithstanding any Neglects or Mistakes that may be committed in it; which We defire may be rectified and made good in the beft Manner that is poffible.

Naming and appointing, for Executors of this Our laft Will and Teftament, the States-General of the United Provinces; defiring them to accept of it, and to be pleased to execute Our laft Will and Teftament. In Witnefs whereof, We have caufed thefe Prefents to be written; and have fign'd them with Our Hand and Sign Manual, and feal'd them with Our Seal.

At the Hague, October 18, 1695.

Signed, WILLIAM R.

The Seal of his Majefty was put on the Side of it, imprefs'd on black Wax.

The Subscription was as follows:

"To Day being the 19th of October, 1695, before me Adrian Van "Stervelt, Publick Notary; with Allowance of the Court of Holland, "and refiding at the Hague, in the Prefence of the under-named Witneffes, "appear'd William the Third, by the Grace of God, King of Great Bri"tain, Prince of Orange, &c. being known to me the faid Notary, and being in perfect Health of Body, exhibited to me the faid Notary, "this prefent Paper, fealed in four Places with his Majefty's Seal, and "fewed with black Silk; and faid, in it was contain'd the laft Will " and Teftament of his Majefty, and defir'd, that it fhould take Effect "as fuch, tho' all the Forms requifite might not have been observed.”

This was done and paffed at the Hague, in the Prefence of William, Earl of Portland, and William de Schuylenbourg, who were defir'd to be Witneffes of it; and who, together with his Majefty, and me the faid Notary, fign'd thefe Prefents, the Day and the Year above-written.

It was fign'd William King, Portland, William de Schuylenbourg; and lower, in the Prefence of me Adrian Van Stervelt, Notary.

It agrees with the Original,

Sign'd, P. VAN ASSEN DELFT.

By

By a Codicil annexed to this Will, the Lordship of Breevoort, and 200,000 Gilders, are given as a Legacy to the Earl of Albemarle.

The Cafe of Diffenters, as affected by the late Bill propofed in Parliament, for preventing Occafional Conformity. By a Gentleman. 1703.

TH

HE Spaniards ufe to glory in the wide Extent, and pure Catholocifm of their Dominion; the Italians, from a Pretenfion of fuperior Politeness and Sagacity, contemn all Tramontanes; the modern French make to themselves a daily Triumph of the Succeffes of their Grand Monarch; why may not my Countrymen as well exult, that the Laws, by which we are governed, are no other than fuch, as ourselves, by a due Representative, have chofen? Oh happy England! May thy People esteem, as it deferves, a Benefit fo fingular! May that noble Reprefentative of thine, called to be Guardians of this Bleffing, never want Forefight to discover, and Prudence to prevent, the Dangers which may arife to threaten it!

The ordinary Method with us is well known to be, that the Addition of new Laws, or Amendment of old ones, are propofed firft by the Commons of England, and immediately publick Notice given when the fame are to come under a folemn Debate; which being feveral Times adjourn'd, there arifes Opportunity fufficient for the Subjects, from all Parts of the Kingdom, to communicate to the refpective Members of Parliament, their Opinion severally thereupon; fo that in this Refpect feldom any Thing of Importance is concluded concerning the good People of England, without their own tacit Confent at leaft, over and above the Benefit of their being reprefented in common. Such being then the Cafe, we cannot celebrate enough our Happiness; we may bafely overlook, but once to lofe it, would be Mifery to us beyond Expreffion.

'Tis frequent moreover, for our Laws to be made temporary firft, till the Experiment of a few Years has recommended them for perpetual. As for those of the higheft Concern, when the Benefits or Effects are liable to doubt, we have seen fome Bills undergo the Scrutiny of feveral fucceeding Seffions of Parliament, before they paffed the Signature of Authority. Sometimes alfo our Courts of Legiflature, when the Inducements and Reafons of a Bill were not obvious to common Eyes, or at least liable to Mifconftruction, have thought good to lay the fame before the Publick, that their tender Regards of general Emolument might the better appear.

Having obferved various Methods of our propitious Legislature, an Inftance of feveral of them, but more epecially the latter, we are here to con

fider,

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der; I mean the late Bill for preventing Occafional Conformity, which was fo differently apprehended in the laft Seffion of Parliament, as no Debates during it were able to reconcile; but that Matter is of fuch Concern, that the Proceedings thereupon being printed by Authority, it seems not unworthy every true Lover of his Country, to put the fame into the beft Light poffible, in order to form a right Judgment, how a Bill like unto that (if at any Time hereafter fuch fhould be proposed) may affect the Commonweal; feeing the Opinion which fhall prevail thereof, there can be no doubt, will be duly weighed by our Representees; and because one Intention of our Lawgivers, in publifhing the Account of their Proceedings upon that Bill, might be (not improbably) the better to collect the common Judgment upon it, a Defire to be affiftant unto that, with a Concern left unhappy Animofities fhould grow among us, did engage me to draw into a clear and familiar Method of Difcourfe, what is very obvious touching that Matter.

The Bill, which is the defigned Theme of what follows, I understand fuch as it paffed laft Seffion the House of Commons, with the several Amendments agreed afterwards; touching which, that my Argument may be the more diftinct, I take the Liberty to digeft it under three Heads, which are easily difcernable on reading the faid Bill, viz. The Preamble, Extent, and Penalties, due Reference being had thereto; however, thefe few Things ought to be premised, First, That the whole of it is prudential and political, not cenfuring directly the Perfons and Caufe of the Diffenters beyond the Point of bearing Offices, nor interdicting any to be prefent at their Affemblies, except fuch as are engaged in the Magiftracy, or Places of Trust, thereby leaving the Matter of Confcience as it ftood before. Secondly, The Communion of the Lord's Supper is confidered herein as a Difcrimination meerly civil; fo that tho' Papifts and Protestant Diffenters are excluded from Offices thereby, yet is there no Provifion by the Law to render the fame a Bar to the Prophane and Scandalous; which is a Confideration feems to concern the Honour of the Church of England, as well as the good Adminiftration of the feveral Trufts to which it initiates: But becaufe, Thirdly, Several Cafes in Religion might be reducible under the Subject of this Bill, I fhall comply with the obvious Intentions of our Lawgivers, and confine my Difcourfe as much as may be to a fecular Vein. To proceed therefore to the Bill.

First, Touching the Preamble of it, it were not eafy, peradventure, in fo few Words, for our fupreme Governors to have given more Satisfaction to fcrupulous Confciences than in the Religious Declaration, that ferves as an Introduction here; because therein the Senfe of the prefent Government appears, that thofe Severities, under which the Diffenters groaned, before the late Act of Indulgence, were then to be deemed Perfecution for Confcience fake; under which Acceptation it is, that their Exemption from them for the future (unless new Matter of fecular Offence to the GovernVOL. III.

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ment

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ment arifes, is to ftand upon Foundations no lefs fafe than the Profeffion of the Chriftian Religion, and particularly the Doctrine of the Church of England. This is the highest Atteftation can be, that the Diffenters are no longer to be looked upon obnoxious to the Church and State, or chargeable with Schifm, Sedition, and Rebellion, as the former Laws (now fufpended) did infift they were; fo that the Reafon given by thofe Laws ceafing, and fince it is on all Hands agreed, great Advantages have accrued from the Act of Indulgence, they may henceforth expect, with the reft of their FellowSubjects, to partake the Serenity and Benignity of a Government, which in all other Things ever was, and now is, the most clement under the Sun. Thus is the Bond of engaging Goodnefs laid upon them for ever; so that as fince the late glorious Revolution they are found equally affectionate as others, to the Interefts and Settlement of the Crown, all the former ftigmatizing Brands upon them are done away.

As to the Recital of the prefent State of Law, which follows the Religious Declaration, (that it provides already every Perfon admitted into any Office, fhould be conformable to the Church) the Words of it cannot be taken in the ftricteft Senfe, there being many Offices and Employments, to which Perfons have been, and may be now admitted, without lying under an Obligation to receive the Sacrament, or be conformable on that Account : For Inftance, Offices of Inheritance, and in the Forefts, Non-Commiffion Offices in the Fleet, with many more; therefore what is afferted in this Paragraph in the general, we muft understand to relate to fuch Perfons and Offices only as are fubfequently mentioned in the Bill; but if those who break the Intention of Law, break the Law, it were fit and defireable, that no Words (if poffible) might be used in any, which in the Sequel may lead Men into Miftakes, touching that Intention.

The laft Claufe of the Preamble gives a very just Description of the Cafe, which the Bill is defigned to bring a Remedy for; that is fay, No Man or · dinarily frequenting private Meetings, fhould qualify himself for an Office, by receiving only on that Account the Sacrament with the Church. Now that nothing however be understood beyond the natural Senfe of the Words thereof, I take thefe two Things not to be abfolutely concluded in them. First, That whilst conforming only for a Place has a Brand of Scandal affixed on it; yet it does not follow, that Occafional Conformity otherwife (without fuch Defign) ought to be reproach'd; for as to fuch Perfons, who join themfelves to their Chriftian Societies feverally, as taking the Conduct of them to be most agreeable to the Word of God, and because it pleases the Sovereign Spirit of Grace to co-operate more evidently upon them therein, for fuch to go fometimes to a divine Service, different from what they frequent and chufe, is an Expreffion of Charity to others, and ought not therefore to be blamed. Secondly, It can no Ways be taken for concluded, that a Cenfure upon the Conformity in this Bill mentioned, does imply going to a Meeting to be malum in fe, or favouring of Faction, or criminal, illegal, and fchifmatical, as the fuperceded Laws did conftantly affert; for

the

the Mention of it, as allowed by Law, does demonftrate the contrary; the manifeft and primary Purpofe of this Bill being rather to keep Diffenters from the Church, than others from a Meeting; however, the mutual Freedom in this Point to the great Glory of our Times, favours of that charitable Moderation, fo remarkably eminent in, the primitive Ages of Christianity, as to occafion thofe univerfal Laws in the Creed, for every one to believe the Holy Catholick Church, and the Communion of Saints.

Secondly, The enacting Part of this Bill, I term the Extent of it, becaufe it describes both the Crime and the Offices, thereby to be affected, whereof diftinctly; first then for the Crime, the Definition of it herein is the fame with that in two feveral Acts, to prevent and fupprefs feditious Conventicles; and 16 and 22 Car. II. fo that what was criminal by them to all Perfons, becomes again fo by this Bill to thofe in Office; the Qualification for Offices, by exprefs Terms of Law, required at prefent, is, in this Refpect, no more than once previously to receive the Sacrament with the Church; but the Conformity which would be required herein, is, (befides that) never, after once taking an Office, to be prefent at any Conventicle or Meeting, un der Colour or Pretence of any Exercife of Religion, in other Manner than according to the Liturgy and Practice of the Church of England, where five (more than the Family) fhall be. This is a Sort of Qualification for Offices widely different (as any may fee) from what the Law requires now; and we must observe, that, throughout the Bill, fuch Terms are only used as have been commonly appropriated to Proteftant Diffenters; however, to be prefent at Mafs is tacitly included.

We do not go about to intimate, That the Injunctions of the Law at prefent, to receive the Sacrament according to the Rites and Ufage of the Church, do not in the primary Meaning of them imply, that the Perfons ought to be of that Communion; however, none can deny, but they will very well bear a larger Senfe alfo, whereby none ought to be excluded Offices, who can give a publick Teftimony they esteem a Communion with the Church lawful; which latter Acceptation of the Laws, though the Generality of Diffenters ftand excluded by it, has all along, for forty Years paft, brought into the Service of the Government (without very visible, ruinous, Effects) no inconfiderable Number of Men, whom the propofed Bill, in all Appearance, would finally render incapable.

Whether it may be for the publick Benefit any longer to fuffer the fame Latitude in Reference to Diffenters, belongs only to the fupreme Powers to judge; but granting here that it were not, we do with all Humility offer to Confideration, whether gentler Methods be not more agreeable to the Englifh Temper, Conftitution of Government, nay, and the Intereft of State, fo the End may be duly attained; in the Cafe then before us, if the Government, for Example, fhould require from the established Church, instead of one previous Communion (which is all in the Law exprefs'd) that Men in Office fhould attend four Times yearly, or oftner, at the Sacrament, would it not be equal Security to the State, and greatly for the Honour of the Church,

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