Church, but give no Matter of Offence or Jealousy to Diffenters? Where as, if the Qualification for Offices is to confift not fo much in frequent and devout Attendance on the publick Celebrations, as in a Distance and. Averfion to Diffenters, this cannot but minifter just Caufe of Fear, that those Affemblies, at which once to be prefent exposes to fo great a Cenfure, are not likely to continue long allowed by Law.

No Man can doubt but a Cenfure of this Kind would prove a notorious Mark of Infamy upon the Affemblies of Diffenters, and in that Respect would affect them beyond the Cafe of Officers; and the reviv'd Definition of a Converticle, being under the Pretence and Colour of the Exercife of Religion, (it deferves to be confidered) whether it might not be conftrued to allude to, and imply fomewhat of thofe dangerous Practices the fufpended Laws have connected with the faid Definition; but there are. other obvious Inconveniencies in this new Method of Qualification; for it. would expofe more a great deal than the prefent Way (as will be fhewn elfe-where) to the predatory Mercy of Informers; it debars the common, natural Refpect of Relations, in Baptifms, Funeral Sermons, and the like: It cafts a hazardous Difcouragement upon Family Prayer, whereat often, among Perfons of Quality, and fometimes others, more than Five may happen to be prefent; and it brings all foreign Churches under a Cenfure too; whereas the "Act of Uniformity provides, that the Penalties thereof fhould not extend to any Reformed Churches of Aliens, allowed, or to be allowed, by his Majefty or bis Succeffors; fome fuch have fince had Encouragement for their Settlement from Parliament, and have proved beneficial in Manufactures to this Kingdom; toward which their Liberty of Confcience, without Reflection, bas not a little contributed.

The second Distinction I have made of the Extent (or enacting Part of this Bill) is of the Offices intended by it to be affected, which clearly falls under a twofold Definition, one, the fame with that in the A&t, 25 Car. II. For preventing Dangers which may happen from Popish Recufants; the other of the 13th of Car. II. For well governing and regulating Corporations. Now because this feems the most tender and fenfible Part of the Bill, moft liable to Miftake, and upon the right Apprehenfion whereof our Judgment of the whole muft very much depend; before I defcend into a Difquifition of it, I beg Leave to deviate a little from the juft Method of Difcourfe; and there-fore, before I endeavour to prove what the Bill, under this Head, would have enacted-new, I will first lay down and confider the Reafon commonly alledg'd, why the fame ought to be.

What is commonly alledged, as the Ground of the new Provifions in this Bill, amounts to thus much; that a National Church being abfolutely needful to a Government, the only effectual Way to preferve it, is by keeping the Civil Power in the Hands of fuch whofe Practice and Principles. are agreeable thereto; and that this is equally neceffary to the Safety and Peace of the State likewife; but, fay they, the prefent Laws proving too weak to fecure thofe Bleffings, because they are eluded by occafional Con

formity,

formity, therefore there wants fome new Expedients to fupport them; these Maxims we can readily grant; fo far as the Security and Peace of the State appear undoubtedly concerned, fo much is allowed on all Hands for inconteftible; but the Matter in Queftion before us feems to be, whether Occafional Conformity of Diffenters has really endanger'd the Safety, and violated the Peace of Church and State? Or has any Principles in it dif agreeable therewith? Which Matter cannot yet be taken for concluded, as the Proceedings of Parliament published do evince, and whereof therefore. the prefent Juncture and Occafion give Liberty to speak.

In order to examine then this Matter aright, we think proper to diftinguifh the Relation which the Occafional Conformity of Diffenters may bear to the Church and State feverally; firft therefore in Reference to the State, Occafional Conformity (it may be agreed to us) is no new Thing, but even Coaval with the Act of Uniformity itself; fo that in 40 Years Experience, if it were evident that Injuries to the Peace of the Government had arofe thence, how came it to pass they should be overlookt fo long? But while feveral Ways were taken to enjoin Conformity, how Occafional foever, it was in no Kind before made penal to approve it, tho' thereby Offices were attained; after fuch a large Atteftation from Fact, it would be needless to say, Occafional Conformity of Diffenters has in itself no Principles dangerous to the Peace of the Government, if there were not anotherSort of Conformity which does obftinately maintain fuch as withdraw Men from their Allegiance to her Gracious Majefty, and from all Refpect to the prefent Establishment of the Crown; but as to Principles, further than is obvious from Practice, it is not my proper Province to difcourfe, that being already fufficiently treated of by Divines.

If the Time paft has not produced a Neceffity of any new Provifion against Accidental or Occafional Conformity, I think we may be confident the prefent much lefs does; for if the Laws already in being do intend, that Men in Office should be entirely conformable, Her Gracious Majefty has affured all the World, there can be no Danger from Occafional Conformity in this aufpicious Reign, by thefe Words of Her laft Speech to the Parliament; I shall always make it my particular Care to encourage and maintain this Church as by Law established, and the leaft Member of it, in all their juft Rights and Privileges. And now having delivered my Sentiment, upon Obfervations of the past and present Time, to go further would be to wade into the Politicks beyond my Depth. I can fay nothing certain of Futurity; but fince the Diffenters are known, beyond doubt, to be very cordially affected to the Proteftant Succeffion, methinks, whatever Qualifications may be judged requifite for Places of Magiftracy and publick Truft, they may well expect (beyond a Provision for that) no Hardfhips will be laid upon them now.

Secondly, To confider Occafional Conformity in Reference to the Church, it might fuffice to fay, the Affairs of it (diftinct from those of the State) do no Ways lie under the Cognizance of fuch, whom that may vest with

Go

Government; but for what properly concerns the Honour and Welfare of the Church of England, the firit Words of this Bill do imply, that her greatest Glory confifts in the Character of Moderation, Sweetnefs, and Charity, truly Chriftian and Apoftolick, and very justly; for this would recommend her to all the Reformed Churches of Christendom, as worthy to be acknowledg'd their chief and beft. In the Reign of Queen Elizabeth, all the Papifts in England came to Church, and were Occafional Conformists, yet the Government was not uneafy, and in Danger by it; but the Pope, fearing what that was like foon to grow to, put a Stop to it by Bull, and the Church of Rome does generally to this Day encourage every Thing like to Occafional Conformity of Proteflants; and the Effects fhew they are in the right, and gain their Ends by it. In like Manner, can it be thought that the Church has gained from any Sort of the Diffenters among us, as from those who have allowed and practifed an Occafional Conformity with her? Has he not, by permitting it, obtained many useful and worthy Members? Does not the Practice of it weaken the Diffenters, and encrease her Reputation and Authority? Where then has been the Damage to the Church from Occafional Conformity? It would be difficult to fhew what Security, Honour or Intereft, fhe has loft, during the greatest Indulgence to Diffenters in the late Reign, of any Thing the poffefs'd before that Time, during the unfpeakable Sufferings of others; therefore it must be an Acceffion of Honour and Safety unto her, that fhe is now, by Clemency, become reverenced of those who formerly were fufpected for her Enemies.

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Having thus made Enquiry, what Reason there is to apprehend that the Safety of the Church and State has been, or is, endanger'd by the Lati tude allowed to Diffenters, from the prefent Condition of the Laws; I ceed, according to Promife, to enquire what Alteration would arife on the Head of Offices from the Bill now under Confideration, which I shall do in two Denominations of them; I mean, thofe comprehended in the Teft Act, and thofe peculiarly affected by that for regulating Corporations; premifing here only, that the Offices of the latter Sort, which do directly fall within the Teft, I judge better to confider in that Denomination, because thereby what remains will be more diftinct and intelligible, when we handle it apart.

First, For the Teft Claufe, which is the former in this Part of the Bill, without reciting the Words of it, we may be allowed to fay upon good Authority, That manifeftly and indifputably it does comprehend all the confiderable Offices and Employments of publick Trust in the Kingdom, in which the Security of the Government may be concerned; the Experience of 30 Years paft has juftified the Measures taken by that Law, that it is extenfive enough as to the feveral Sorts of-Offices for publick Security; the Terms of it are express, clear, and univerfally understood, without any Uncertainty as to what Employments it relates, which is not fo evident in thofe of the Corporation A&t; the faid At includes all Offices of Magiftracy, in especial, as well within Corporations as without; and at the enacting of it, there was little Regard had

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to the Act for regulating Corporations, because a more effectual Security to the Church was given hereby. It cannot be taxed as infufficient to compafs the End defigned by it, which was exprefly to prevent Dangers that might happen from Popish Recufants, and to exclude from Offices all others who will not take the Sacrament according to the Ufage of the Church established. After this Manner, and in a due Medium, as would be eafy in another Sort of Difcourfe, to make appear the Safety and Peace of the Church and State, have been fully provided for; nor have the Meafures of it to procure thofe been any Ways (in particular the Penalties) found deficient.

This A&t being fo extenfive and compleat, that it reaches whatever Offices concern the Safety of the Government, and is not deficient in any Means to attain its End. If Dangers fhould from Occafional Conformity arife, it were eafy at any Time to enjoin fuch Frequency at the publick Offices of the Church, as might denominate an entire Conformift, without a Brand upon feparate Affemblies, to raise again the Seeds of fatal Animofities; but as to the Places of Magiftracy and publick Truft, already comprehended in the Teft, as they concern the Security of State much more, fo they affect the Body of Diffenters much lefs, than thofe in the Corporations; for which Caufe, what is to be faid in their Behalf is more properly referr'd to that Head. It would alfo be very unbecoming any Sort of Men to enter into Argument with their Governors upon thofe high Points, which are fo abfolutely in the Legislature to judge of and determine; 'tis not fit for me fo much as to offer an Opinion: An Explanation of the Teft, more to the Disadvantage of Diffenters, might indeed deprive feveral of fome profitable Places, in the Royal Houfhold, the Exchequer, the Navy, the Excife, the Cuftoms, and elsewhere; but the Magiftracy of the City would be the chief Import of this Matter; concerning which, what Inconveniences have arofe to the Government from the Courfe of Things for near twenty Years paft there, and how an Alteration in it will any Ways tend to the Advantage of the State, is equally to me undifcernible; but this I do adventure to fay, that if Men, whom the Negative Qualification of this Bill would have rendered incapable to ferve in fuch Offices, should have been finable nevertheless for not ferving them, and that toties quoties, as the Humour of the World might lead, that Sort of Perfecution might poffibly rife pretty high.

Secondly, It remains to examine what the propofed Bill would have introduced de novo, upon the Head of the Corporation Act diftinctly; the Claufe whereof, expreffive of the Offices it would affect, is in these Words: Any Mayor, Alderman, Recorder, Bayliff, Town-Clerk, CommonCouncil-Man, or other Perfon, bearing any Office of Magiftracy, or Places, or Trufts, or other Employment, relating to, or concerning, the Government of the refpective Cities, Corporations, Boroughs, Cinque-Ports, and their Members, and other Port-Towns. As to fo much hereof as concerns Magistracy, the Teft Act having better provided, my Difcourfe is to be hence

forth

forth restrained to what herein touches only intrinfick and inferior Employments, relating to the feveral Boroughs refpectively, wherein the Security of the Church and State does not feem to be much concerned.

Most of our Laws have sprung from the evident Neceffities of the Times, and fo came in as Remedies to the proper Diftempers of them, which is in none more apparent than this of the Corporations, the 13th Car. II. Thoje deplorable Confufions which had tormented the Nation, for nigh twenty Years preceding, lay fresh upon the Minds of the Parliament, when that Act was made; and 'tis evident, that nothing but fo extraordinary a Juncture could have excufed fome Parts of it: Nay, it was principally founded upon Reasons so peculiar to that Time, they are far from being pertinent to ours; for there is now no folemn League and Covenant needs to be renounced; the Declaration in it, that it is not lawful, upon any Pretence whatsoever, to take up Arms against the King, and of Abhorrence of that traiterous Pofition of doing fo by bis Authority against his Perfon, or thofe commiffioned by him, (which was the Touchftone of the faid Act and Times) is now utterly abrogated, and no Perfon benceforth can be obliged to take the fame, as appears in the At Primo W. and M. for appointing other Oaths; the Oaths of Supremacy and Allegiance therein are alfo chang'd; the Power given by it to the Crown, to conftitute Commiffioners for two Years to turn out, and put in the Corporation Officers ad libitum, tho' they were conformable to the Qualifications required by the Act, was an Extravagance the prefent Age would scarce approve; the Preamble Speaks of it as a Thing too well known, that notwithstanding his Majesty's unparallell'd Goodnefs in pardoning what was past, there were many evil Spirits ftill working. We do not therefore herein go about to cenfure the Measures of that Act, as they were fuited to the Juncture; but as the Reasons, the Jealoufies and Foundations, whereon that Act was built, were fo appropriate to that Time, that the feveral Parts of it here above-mentioned (as unfuitable to any other) are fince abolished. It is pretty clear that the primary Intent thereof had its full and due Effect from the Commiffioners Power, and the Impofition of renouncing the Covenant and Declaration of Fidelity; for there was little Regard had to it at the Time that a more effectual Security to the Church was provided by the Teft.

We come therefore to confider in the next Place, what remains yet unrazed of that Act in 13 Car. II. for well governing and regulating Corporations; and then will clearly be difcerned what the propofed Bill would have fuperadded, touching the Offices of Magiftracy, the Teft Act has much better and effectually provided, which has been already confider'd; and therefore, as to what is diftinctly under my prefent Head of Difcourfe to be treated of, there remains in Subftance of the Corporation Act yet in Force no more than this, That no Man fhall be placed, elected, or chofen in or to any Offices, or Places, or Trufts, or other Employment relating to, or concerning the Government of the respective Boroughs, &c. who has not, within one Year before fuch Election, taken the Sacrament according to the Rites of the Church of England: In Default whereof, every fuch Election is thereby de

clared