clared to be void. This being the full Import of the faid Act at prefent, it is upon that Foot a Measure must be taken, what and how much the intended Bill would have enacted new upon this Head; it cannot be amifs here to obferve, that the Corporation Act was the first after the Restoration, which directly affected the Diffenters as fuch.

Now in Corporations, there are many Offices of a private and inferior Nature, (which cannot be fully fpecified, because they are fo various in the refpective Boroughs) whereon the Safety of the State does not appear manifeftly to depend, but regard only the Affairs of the particular Town within itSelf. Some of thefe are Freeholds, and many of them the whole Subfiftence of Families, which have been obtained by Purchase or long Services, or attained by Custom of Course. Several of these the Diffenters are now poffeffed of, and perhaps have enjoyed many Years, under an Obedience to all fuch Terms as the Law now in Being has prefcribed; and to defpoil Men of their Freeholds and Poffef fions by a new Law, without Imputation of any Crime; and when the Security of the Government does not appear manifeftly concerned, is fure among Englifhmen very hard.

That the Diffenters at this Day are not difaffected to the Queen and established Government, nor chargeable with Rebellion paft, nor meditating new Troubles, or any Ways dangerous to the State, (under which Characters the Corporation-Act confidered them) the Preamble of this very Bill now in Debate does intimate: For it afferts, That the Act in the first Year of the Reign of the late King William and Queen Mary, of ever-glorious Memory, entituled, An Act for exempting their Majesties Proteftant Subjects,. diffenting from the Church of England, from the Penalties of certain Laws, was in due Confideration, that Perfecution for Confcience only was contrary to the Profeffion of the Chriftian Religion and Doctrine of the Church of England.

If then the Diffenters, under an Obedience to all fuch Terms as the Law now in being has preferibed, do poffefs many inferior Offices in Corporations, which the prefent Bill, when paffed into an Act, would immediately feclude from; befides thofe in the Magiftracy, the Navy, the Cuftoms, the Excife, the Royal Houfhold, and others, which, under the Head of the Teft-Act, it would alfo deprive them of, then (fure enough) it takes from the Diffenters what they enjoyed before by Law: And is not this to enact fomething new? Moreover, the Diffenters at any Time, upon the prefent Terms of conforming, are now admittable to any Office of what Quality foever in the Kingdom; but by this Bill they would have a total Incapacity put upon them, in respect to thofe under the Teft and Corporation- Alts above-mentioned. Which Incapacity, after the first Offence, would extend to Offices of Inheritance, and in the Forefts, Non-Commiffion Offices in the Fleet, and many more, fuch as neither the Teft or Corporation-Acts, or any other, ever did, or intended to exclude them from.

It has been already infifted, That all the Offices, wherein the Safety of Church and State are manifeftly concerned, are comprehended within the Teft,

VOL. III.

Q

and

and that the inferior Offices in the Boroughs do not come under the fame Confiderations; to have therefore the fame Reasons of State urged for an equal Animadverfion upon the latter, feems very unequal; for it brings great Difficulty on the Commercial Sort of Men, to argue on thofe Topicks, while they plead for no more than quiet Cohabitation with their Neighbours. But if it be argued, that those poor Emoluments in the Boroughs, which the Safety of the Government might (doubtless) well enough indulge them, came within the Intent at least of the Corporation-Act to deny to the Diffenters, how should they judge of it but very fevere, to have that Act fo explained and enforced to their Difadvantage, that it should take place more in the Reign of her Gracious Majefty, than it has done in any Time preceding?

In this Cafe the Diffenters do humbly apologize for themselves (as it imports them) that granting whatever was defigned by this Bill, was the Intent then of the Corporation-Act, they do not now ftand in the fame Place the last Age did at the paffing thereof; the prefent Generation it cannot be pretended have brought upon the Church and State Confusions, Ruin, and Defolation; they have no Ways difturbed the Peace of either, but have, by Teftimonies, inconteftible fhewed, that neither their Principles or Practice are inconfiftent with Monarchy, but contrariwise most conformable to the prefent Government and Settlement of the Crown, nor are there any evil Spirits working of Rebellion among them. If therefore the Intent of the CorporationAct was built upon Reasons peculiar to that Time, they do entirely submit it to Confideration, whether a purfuing of the fame Intent now, and giving (by the negative Qualification and Penalties of this Bill) an Extent and Force to it, which, in the Inftitution, or fince, it never had before, without any like Caufe on their Part, would not be in the Nature of punishing the Innocent for the Sake of the Guilty, which they do not doubt will be far from fo wife, juft, and good a Government; but the propofed Bill they conceive, upon the Head only of the Corporation-Act, would have brought upon them the extraordinary Hardships and Difficulties here following.

First, The Qualification for Offices being made to confift in the utmost Distance and Averfion unto them, will be a Brand of Ignominy and Reproach upon the whole Body of Diffenters; fo that an Emulation in cafting Injuries and Contempt upon them may, in a little Time, be thought the best Recommendation, and nearest Way to Preferment; is it just therefore that the whole Body fhould fuffer for the Sake comparatively of a very few, who have occafionally conformed?

Secondly, Reviving the Acts against feditious Conventicles in Part, and giving a new Force to that of the Corporations, they fear will give too much Occafion to Men of violent Tempers, to declaim that they lie ftill under the fame odious Imputation of Difloyalty charged upon them by those Acts, as if they gave really any Manner of Jealousy to the State now;

which

which Clamour (however caufelefs) when it fhall be induftriously vented, would be in itself a very heavy Affliction.

Thirdly, The Freeholds and Offices of an inferior Nature, in 600 Towns of England, or thereabouts, which have been obtained by Purchafe or long Services, or in Course, fome of them the whole Subfiftence of Families, and of long Time poffeffed, under an Obedience to all the Terms prefcribed by Law, would not only be immediately loft by the Poffeffors, but an Incapacity would lye upon all Diffenters for the future, of attaining the like, and (after the first Offence) any other Offices in the Kingdom whatsoever; but they hope the Crime charg'd upon fome few of them, is not of fo deteftable a Nature that they ought all to be reduced to fo unhappy a Condition for

it.

Fourthly, In many Corporations the Election of Members to ferve in Parliament, is only in fuch as are concerned in the Government of them, and giving a Vote for a Representative in Parliament is the effential Privilege whereby every Englishman preferves his Property; and whatsoever deprives him of a Capacity for having fuch Vote, deprives him of his Birthright. The Magiftracy of Corporations, which by the Teft-Act now takes place, is one Thing; but the Offices affected by the new Bill would be quite another.

Fifthly, There have been for feveral Towns and Cities Acts paffed of late Years, for setting the Poor on Work therein, and punishing Vagrants, befides the former ancient Hofpitals; touching which the Diffenters are likely by this Bill to have been excluded the appearing usefully in their Places; which is a Mark of Difhonour on them, as well as Difcouragement to charitable Intentions.

Sixthly, To leave Proteftant Diffenters fubject to Fines and Penalties, if they do not accept Offices (toties quoties) and at the fame Time if they do accept, to reftrain them upon the fevere Penalties of this Bill from doing what their Confcience obliges to, whether this would not (against the Intent of the Bill) be Perfecution for Confcience Sake, all good Men might be left to judge; but they only would feel, and every Borough in England at Difcretion be left to proportion the Degree.

Seventhly, The Diffenters have Reason to fear innumerable Injuries and Oppreffions (befides thefe mentioned) would be their Lot, in all municipal Rates, Freedoms, Duties, Privileges, Services, Parish-Offices, and every Sort of Intercourfe with their Townfmen and Neighbours. When upon Complaint of any fuch Injuries, thofe Fellow-Citizens, who only have Power to do them Juftice, are like to fuffer in their own Reputations, Interests, and Employments, for fo doing, as Favourers of the fanatical, excluded Party.

Thefe Confiderations of their Suffering, though they appear evident and unavoidable, are with all Candour and Refignation referr'd to the Judgment of others; but the Diffenters must crave Leave to add, that they would be the more pungent and fenfible upon Perfons not chargeable by the Bill with any Offence, because, without Penal Laws, and their Attendants,

O 2

tendants, with the clamorous Infults of the prophane and defigning, the very diffenting from the Publick is in itself (as to earthly Things) many Ways a Misfortune, which nothing but unpretended Confcience (however mistaken) would oblige them to.

gence;

Thirdly, The Penalties, which are the laft Part of the Bill, fhall be confider'd under three Heads. First, What Suitablenefs there is in them to the Act of Indulgence. Secondly, What Proportion between the Proteftant Diffenters and Popish. Thirdly, What Danger from thence to the Innocent. First, For the Suitableness there is in thefe Penalties to the Act of Indulit may fure be granted, that the good Effects of Liberty to tender Confciences are every where vifible, that the foregoing Bitterness and Animofities are much calmed, the Diffenters brought to a Temper of Respect, and more Candour towards the Church, and the Church fatisfied by fufficient Experience, that the Freedom of others does not leffen her Security and Reputation. Thus is our Sion at Unity within herself, and the Unity of the Spirit in the Bond of Peace (according to the Prayer of our Church) preferv'd. One cannot therefore lay to Heart the Peace of our Jerufalem without fome Concern, left the Severities of this Bill fhould contribute to disturb it; for befides that it would difpoffefs immediately Perfons legally vefted with Places, and affect many Offices, which no Law did before, and many Ways be injurious in the Boroughs, and leave Men to occafional Perfecution for Conscience Sake, and be a Brand upon all Affemblies. of Diffenters, as already has been inftanced; there are in it fome further Peculiarities of Punifhment.

Before the Act of Indulgence, while Conventicles were illegal and criminal Aflemblies, even then a Man in Office, who was prefent at them, was only liable to a Fine of ten Pounds; whereas by this Bill he is liable to a Fine of a hundred Pounds, and five Pounds per Diem, for three Months, befides Lofs of his Place. The Sum you fee may amount to 550l. which is more than would need to beggar fome Thousands of Corporations; and other Officers in England would be liable to it, and the more in Danger, because the whole Sum goes to the Informer, which is good Booty for that Sort of Privateers; and the rather, when a Conviction on this Bill would not be fo difficult as in moft other Cafes.

The Diffenters, during the worst of their Profecutions heretofore, upon a vifible Conformity, without Renunciation or declared Abhorrence of their former Practice, were at any Time capable of Places of Profit and Truft, but this Bill draws over all their Heads a difmal Cloud of Incapacity. None will deny but a total Incapacity to ferve his Prince and Country is a Mark of bigh Infamy; fo that, next to the Lofs of Life, it feems the heaviest Punishment; and in the feveral Towns corporate of England (which may probably be fix or feven hundred) to be rendered by Law incapable of ever acquiring the Suppart of any of thofe little Places which appertain to them, befides thofe of Profit under the Head of the Teft-Act, and those many more (upon Conviction). which no Law yet has ever affected, is altogether (if confider'd) a very un

happy

bappy Condition; but after the immediate Forfeiture of all the feveral Offices, now legally poffefs'd by the Diffenters, upon the Palfing of this Bill, then a Perfon might still go to a Meeting, without Breach of any Law (as long as the Toleration continues) and one would think fuch a Man were bonus & legalis bomo, and capable of the Privileges of a free-born Subject, and at Liberty to provide for his Family and Maintenance; but to impose a fevere Cenfure on any Action allowed by Law, feems very unreafonable. However that be, there would remain upon all, and every Man of the Diffenters, an Incapacity not only as above, but (after the firit Offence) for any Office or Imployment whatsoever within the Kingdom; in which Regard this Bill would extend to Offices of Inheritance, and in the Forefts, Non-Commiffion Offices in the Fleet, with many more, which neither the Teft or Corporation-Acts, or any other, ever could affect, or ever intended fo to do.

As to the Shame and Incapacity of one convicted upon this Bill; that is to fay, before he ever again could enter by Grant or Election, into any Office or Imployment within the Kingdom of England, he muft, at the next Quarter-Seffions of the County where be refides, or in one of her Majesty's Courts at Westminfter, in publick and open Court, make Oath in Writing, that within the Year foregoing, be has not once been prefent at any Conventicle, but has three Times at the least received the Sacrament at the Church; which Oath is to be kept upon Record. This would not be fo much worthy of Confideration, nor the Aggravation of the Sentence on a fecond Offence, (as a Relapse and Apoftacy) if the Value of the Forfeiture, and Eafinefs of Conviction, did not put too much Hazard on the Innocent, even after fuch Purgation, as well as before it.

Secondly, The Proportion by the Penalties of this Bill, between the Proteftant and Papift, is to be fcanned by two Ways. First, By examining whether they are equally liable to Lofs of Offices, and fuffering the Punishments. 2dly, What Difference there is otherwife. For the first, the Teft being more exprefly contrived to reject all Popish Recufants, and the Complexion of the Times fince the grand Revolution not favouring them, every Man will agree with me, that the immediate Lofs to them upon paffing this Bill would be nothing, they have no Concern in the Matter; but on the other Hand, the Diffenters (under the Terms hitherto required by Law) do poffefs many Offices, as has been diftinctly intimated, the firft Lofs to them thereupon would upon many Accounts be very confiderable. Now for the Punishments fufferable by this Bill, the Diffenters enjoying a Liberty upon Condition of open Doors, a Conviction would at all Times be more feasible upon them than the Papifts, who are enforced to conceal their Worship by other Laws, Furthermore, the Nature of the Proteftant Worship requires all their Attendants at once, whereas that of private Maffes need not engage above Five, befides the Family, in the fame Inftant. Thus the Papift would not be fo exposed to the Forfeitures, Fine and Incapacity, as the Proteftant.

The Difference otherwife between the Popish and Proteftant Diffenter is no more than this; that whereas the Telt-Act did more exprefly intend the