state, or against any other doctrine that strictive laws, and how entirely they dewas supposed to be subversive of the con- feated their own expressed purposes. Never stitution. For instance, there were those had religious wars been carried on with abroad who thought any established reli- more fierceness than were the religious gion unnecessary-there were those abroad wars of France. The Huguenots at one who advocated annual parliaments, and time undoubtedly comprised the largest universal suffrage; yet nobody dreamt number of men of rank and station in of providing countervailing declarations France. The massacre, the persecution, against such constitutional innovations. and assassination, of their members by no There were likewise established institutions means diminished the accession to their which were interwoven with the spirit of numbers, nor the dangers apprehended British liberty; the trial by jury for example, from the Huguenot Association. But the independence of the judges; yet in no when Henry 4th came forward with the instance had a declaration been called for, edict of Nantes, which threw open power or deemed necessary for their preserva- to all classes, the spell of Huguenot power tion-And why? Because it was more was dissolved, and in less than a century, politic for the state to presume, that all though many Protestants still remained in its subjects felt å common interest in the France, there were hardly any among them due maintenance of what was essentially of any rank or station, the principal famiuseful for the whole, than to fritter away lies of the Huguenots having merged into their allegiance into privileged or excluded those of the predominant religion. So classes. Better, far better, was it, to leave that when Louis 14th revoked the edict of the opinion to prevail, that all men were Nantes, it was notorious that the great mabound equally to obey the laws upon jority who had fled from that act of intothe same obligation of common compact, lerant power were not of the station and than to take for one class, as against the rank in society of those who had figured rest, a form of words as a security, which as Huguenots during the reign of Henry elsewhere was deemed unnecessary. He 4th. He would say, then, that the best would say, moreover, that this sort of security of any state would be found, not verbal security was far from being the in the imposition, but in the absence of best a government could obtain. The best these jealous and distrustful tests. Once security for the impartiality of the trial by show a confidence, a fair and honest belief jury, for the independence of the judge, in the integrity of the Dissenters, and was the perfect confidence which the state there would be every thing to hope from reposed in the one and the other, and the their cordiality, and nothing to fear from deep implied obligation of the sacredness provoked and wounded feelings. It must of the trust. In fact, these tests, when surely be obvious, that to ask for these carried as they were to extreme points, tests and declarations, was to inspire disexcited jealousy instead of enforcing salu- trust. Why was it, then, that persons called tary obligation, and actually prevented the for their perpetuity? Was it, that in the growth of opinion from correcting the performance of an act of tardy justice, the current of antiquated prejudices. The pride of the Established Church required a page of history demonstrated, that exactly qualification or salvo, as if it were not in proportion to the relaxation of the per- ready to make a fair concession of its own secution of sects, was the leaning of the free will, and in that full spirit of conciliaemancipated thinkers to whatever creed tion which ought to be maintained in belonged to the influential portion of so- coming to such an adjustment? He had ciety, to which they were newly deemed likewise another objection to the proposed eligible. Upon reference to the debates Declaration. Although the right hon. genon the Occasional Conformity bill, it would tleman's words might be unexceptionable, be found, as bishop Burnet said, that the yet declarations of this kind were always passing of the Toleration act had almost | liable to various interpretations, according immediately diminished the number of the to the sense in which they were construed Dissenters one fourth. The reason was by those in whose behalf they were said obvious, the bar of separation had been to be taken, or by whom they were actually taken away from them, and with it that adopted. There was always, then, a danparty spirit which was their main support. gerous latitude, however conscientiously History furnished another striking reason suggested, in these different interpretaof the anomalous tendency of these re- tions of the respective communities. Surely

a

such a danger ought to be avoided. Re- ! Mt. Secretary Peel said, that when this ference had been made, on a former night, question was last under the consideration to the words proposed by Mr. Burke in the of the House, he had asked the noble lord, place of the present tests. The subscriber with the most perfect sincerity on his part, was not only to declare that he would as well as for those who thought with him never subvert or destroy the Established on this subject, for a short delay, to obviate, Church, but he was to carry the supposed if possible, his final resistance to some security further; for he was not to assist general and fair arrangement. He had, or employ any person or persons, or give in fact, merely asked the noble lord to give any vote for any person seeking corporate those who had at first opposed him a reasonoffice or parliamentary duty, on account able opportunity of maturely deliberating of their attachment to any religious opin- on the course which it was most important ions not being those of the Established they should pursue to attain a satisfactory Church. Surely that was rendering the adjustment, an opportunity which, even fulfilment of the obligation practically im- under ordinary circumstances, he could have possible ; for no man, were he a Dissenter, hardly thought would have been refused. could doubt, that if two candidates offered That request he had made with an earnest themselves at the same time for his vote, determination to apply his mind for the being alike eligible, his bias must natu- fair purpose for which he had asked it ; rally turn towards the one who partook namely, to consider what arrangement most of his own peculiar tenets. These could then be made to settle this important were generally the objections which he en question. He was induced to make the tertained to the course proposed to be request, because he found that a considertaken to qualify or alter the present bill. able majority of the House of Commons But, in stating them, he was ready at the had, upon fair and full debate, pronounced same time to declare, that his opposition was their opinion, that an alteration in the not unconquerable [hear). He repeated, existing law was desirable. He repeated, that his objections were upon principle, that this delay he had asked with the sinbut he was still ready, and indeed bound, cerest disposition to apply his mind to the to listen to the general opinion of the consideration of what way any arrangeHouse. Placed as he was in such a ques- ment could be effected with the general tion as this, involving delicate feelings and consent of those whose consent was indismomentous interests, he would not take pensable for the success of the measure, upon himself, for the maintenance of his and with the intention also of conciliating own opinion, to close the door of concili- the feelings of the Dissenters themselves, ation and peace (cheers). If there were a and the other great party in the country fair and open chance of the admission of who felt themselves concerned in the reDissenters to the enjoyment of their just sult. He wished, in fact, to see how far rights and privileges, with a reasonable de- he could reconcile the sincere adherents claration, which would satisfy the scruples of the Church of England, who must feel a of the influential organs of the Established deep interest in any

change of this nature, Church, without violating the feelings of to the change which the Dissenters were, the other parties, he confessed he should under favourable auspices, desirous of acbe ready to listen to such a proposition, complishing. The delay he had asked for this with an earnest hope and a desire to afford 'purpose had, however, been refused him; his best endeavours to make the Declara- , and refused, too, with a degree of injustice tion mutually palatable and satisfactory.' and indiscretion which he could hardly, But because of his hostility to the princi- under such circumstances, have expected. ple of any such oath or declaration, he It was said that his motives were not honest, must be excused at that moment from and that he wanted to get rid of the queseither expressing his assent to or dissent tion by an artifice [cries of “No” and of

“ from, the specific proposition, and would, “ Hear”). Most assuredly such motives had for the present, remain to hear what should been imputed to him on the occasion to appear to be the general opinion of the which he alluded, but he begged now to asHouse upon the subject ; remembering sure the noble lord, that whatever injustice that it was a discussion involving the great had been personally inflicted upon him, and principle of religious liberty, and embrac- whatever motives had been unfairly imputed ing considerations as important as could to him, it was impossible that any thing be submitted to an enlightened assembly, which had passed could seriously affect

а

a

his view of a matter of such immense im- Sacramental Test. He had pressed this portance, or prevent his attempting, as far himself for the consideration of the House, as was in his power, to promote a satisfac- at the moment, when he had been aftertory arrangement, if it were attainable, and wards taunted with improper motives and induce a continuance of that harmony artifice. He rejoiced now, that he had been which had so long subsisted between these so interrupted, because he was thereby enagreat parties. He was glad, however, that bled to come to the present debate uncomthe interruption had taken place; for it mitted and unfettered by any previous enabled him, in the time which had elapsed opinion. He therefore now came to the since the first discussion, to consider and exercise of his judgment as the case really weigh the various opinions that had been stood for consideration. The effect of this pronounced, in the shape of alterna- deliberation upon his part was, to convince tives, or substitutes for the present law. him, that he ought to change his opinion He would enumerate what he understood respecting the hon. baronet's proposition, to be the several arrangements that had which he now thought would, in its operbeen submitted to the choice of the House. ation, prove as inconvenient as the Annual In the first place, there were those who Indemnity bill. He dismissed it therefore were ready to adhere to the existing pro- from his mind, because it would not revisions of the law, and who defended them move the objections entertained by conbecause they were impressed with a belief scientious men, Dissenters, as well as of that they did not entail upon the Dis- the Church of England, that the law even senters any practical grievance. He, as with such an alteration, while it mitigated well as those who had entertained that the penalties, was still held over their opinion, did not deny the objection, that heads as a jealous distrust. It was, also, a difficulty was imposed upon those who liable to the further objection, that the were called upon to take the Sacramental suspicion so implied was a tacit recognition Test as a qualification for civil office, but of the principle, that the Sacramental Test they thought that the Annual Indemnity was a necessary qualification for holding bill relaxed the painful necessity of en- office. — The third alternative held out was, forcing the test as an indispensable quali- not that a suspension should be enacted, fication. But, as he had before said, he but that a given time should be prospectsaw nothing more unwise than to inter- ively named, say five years for the abrorupt the existing harmony between such gation of the present law. He confessed sects; and he was free to confess, that he could not see the value of that propoafter the late decision of the House, so sition ; for it was plainly open to this obdeliberately formed, he was one of those jection, that while the Church of England, who thought it useless to resist, in limine, would, in the interval, gain nothing in the conclusion that the existing law was conciliation and consequent security, they no longer applicable to the present state would be clinging pro tanto to a useles anof society, and that it ought to undergo a nual tenure of disqualifications, still upmaterial alteration. Viewing what had holding jealousy and distrust, for a short passed in this way, he could no longer term of years, without obtaining any valid think of pressing his own opinion, in the security, and with the certainty of an unvain hope of altering what undoubtedly gracious termination of these restrictions. appeared to be the fixed opinion of the Indeed, were the question reduced to this House. The alternative, therefore, of ad- alternative, either repeal this law at once, hering to the present law, he was prepared or abrogate it at the termination of five at once to dismiss from his mind. The years, he would not hesitate to say, let the sense of the House had been so fairly and repeal be forthwith, and let the Church of decidedly taken against it, that he ad- England have the grace of so prompt a mitted the law must undergo an alter- concession, and the Dissenters the full beation. In the course of the discussion nefit of it.-Having thus disposed of three the hon. baronet, the member for of the causes pointed out, two more only Devon, had thrown out another propo- remained for him to allude to. One was sition, which seemed, at the time, to that of the noble lord, which asked for a have received considerable countenance; simple and unqualified repeal; and the namely, that there should be substituted other that of his right hon. friend (Mr. S. in lieu of the Annual Indemnity bill, an Bourne), which would accompany the reannual suspension of the law requiring the peal by a declaration, in the place of the

1

security enjoined by the Sacramental Test. | the laws affecting the Dissenters, such After the best consideration he could give modification should be coupled with some these several propositions, he thought the measure of security for the established resafer course, and that most likely to pre- ligion. The one which he now proposed serve harmony between all parties, would exactly corresponded with that in the

, be the adoption of something like the last preamble of the bill brought forward by recommendation. Whatever views were Mr. Grattan, and which was afterwards taken of the abstract principle, the wisest introduced by Mr. Plunkett. It recites and best course would, he was convinced, that,-“Whereas the Protestant Episcopal be to come to such a final arrangement, as Church of England and Ireland, and the while it should not affect the fair and con- doctrine, discipline, and government, scientious scruples of the Dissenters, would thereof, and likewise the Protestant give a reasonable proof to the Church of Church of Scotland, and the doctrine, England, that in the repeal of these long- discipline, and government, thereof, are established tests, which were considered established permanently and inviolably." as a much-valued security, the legislature The declaration which then follows is thought fit to require, that a recorded similar to that which he (Mr. Peel) would opinion should be given, in the form of a propose as a substitute for the SacraDeclaration, for the security of the pre- mental Test. After adopting the preamble dominancy of the Established Church. to the bill of Mr. Grattan, he proposed to With this view he thought it only fair, introduce a declaration to the following that the committee should be instructed effect : “ And be it enacted, that all perto introduce a declaration to the effect he sons who shall hereafter be elected, or had alluded to, to be taken as a substitute chosen to fill the office of mayor, alderman, for the Sacramental Test, by the parties or magistrate, or to fill any office of emoluwho were now liable to take it. If the ment and trust in any city or town corpoHouse recognised that principle, he was rate in England or Wales, shall, previous prepared with a form of Declaration, which to his admission, make and subscribe the he trusted would be received with general following Declaration : 1, A. B., assent. They had already sufficiently dis- lemnly declare, that I will never exert any cussed whether it should be an oath, or power nor any influence which I may posmerely a declaration. To propose an oath sess by virtue of my office, to injure or would be perhaps to arouse again the dis- subvert the Protestant church, by law esstrust of the Dissenters, and subject them tablished in these realms, or to disturb it to an inconvenience which he thought in the possession of those rights and pricould not follow the imposition of a de- vileges to which it is by law entitled." claration; and particularly when they That was the whole of the Declaration looked at such an affirmation as inter- which he would propose to introduce. woven with the principle of the consti- As he had begun to read the provision tution. The noble lord had said, that which he was desirous to see amalgamated there ought to be no declaration which with the bill, he might as well proceed required any renunciation of religious through the entire of it. It went on to feeling-so said he. The noble lord had provide as follows :-“ And be it enacted,

— said, that there ought to be no declaration that the said Declaration shall be made which required the expression of any re- and subscribed in the presence of the perligious feeling—so said he. Indeed, upon sons who by the present charters and the whole view of the case, he preferred a usages of cities and towns corporate adsolemn affirmation to an oath, because it minister the oath to Dissenters on enwas less calculated to arouse the jealousy | tering into office there; and that in counof one party, and was equally operative as ties corporate such Declaration shall be a security to the other. He should be made and subscribed in the presence of ready to discuss the terms of the Declara- two justices of the peace;-and be it furtion which he had himself prepared when ther enacted, that where any person shall in committee. It entered more into detail omit, on being chosen or nominated to than that of his right hon. friend. He said office, to subscribe such Declaration, agreed with his right hon. friend, in think- such election and nomination, and all the ing that they had a right to expect the acts of such officer, are hereby declared introduction of some declaration into the null and void.” He did not deem it nebill. If a modification be to be made of cessary to attach any penalty to the omis

do so

sion, further than rendering the election | laws affecting the Dissenters. On each and the subsequent acts void. And here side of this, as of every other question, he had to encounter a difficulty respecting they could only arrive at a satisfactory the officer appointed by the Crown. The arrangement by mutual concession. Let difficulty was, to point out the particular it be recollected that the laws which they offices under the Crown in which this De- were desirous to repeal had been mitigated, claration should be taken. If every sub- in a great degree, by the Annual Indemnity ordinate officer in the employment of the bill. The principle of those laws, as they Crown, who was at present liable to be stand, recognizes conformity to the Church called upon to take the Sacramental Test, of England as the only qualification for should be required to subscribe this Decla- admission to corporate and civil offices. ration, the provision would only throw ridi- He and those who thought with him cule upon the whole proceeding [hear]. were prepared to give up that principle,To point out, then, the officers who should they were prepared to declare that, withmake the Declaration, and the officers who out any reference to religious opinions, should be excepted, was the difficulty which Protestant Dissenters shall be eligible to he had to overcome. That difficulty, he the above offices, provided they give secuimagined, might be obviated by some rity, by subscribing the Declaration which such regulation as this~"Be it enacted he had proposed, for the maintenance of the that it may be lawful for his majesty to rights and privileges of the Established require of all persons who shall be ap. Church. If he understood the noble lord pointed to civil offices of trust, or who rightly on the first night of this discussion, shall hold commissions under his majes- the noble lord had spoken of the injustice ty's government, and by whom, according inflicted on the Dissenters by the existing to the present law, the Sacramental Test laws. The existence of that injustice is ordered to be taken" (this, it would be pleaded strongly in favour of the adoption seen, did not affect the Presbyterian Dis- of the provision now proposed by him. Ifthe senters of Ireland, or the members of the Dissenters were sufferers under the present church of Scotland), “ to make and sub- | laws as they stood, that was a powerful scribe the Declaration above-mentioned, reason why the advantages intended by preceding the admission of such persons the bill should not be rejected by them, to offices of civil trust, under such regu- because they were called upon to give, for lations, respecting the time and manner the concessions thus afforded to them, a of subscribing such Declaration, as his security similar to that which the principle majesty may be pleased to appoint." That of the existing law gave to the Church of provision on this subject, the House would England. The Church of Englapd, in his see, would enable the Crown to point out the opinion, had a right to demand from the offices in which such Declaration would be Dissenters a satisfactory declaration, that considered necessary:—Whatever part he none of the offices or powers of which might have taken in the discussion of this they might become possessed should, under subject on a preceding night-however he any circumstances, be used to injure the might have then resisted the proposition of establishment, or to disturb it in the posthe noble lord - now, after what had taken session of its just privileges. The noble place, he did not yield to the noble lord in lord had stated his objections to any prohis anxiety to see this question settled in vision beyond that of simple repeal, and the course of the present session, satis- he had founded them principally upon the factorily, and for ever. He entertained a opinion which he entertained of the perhope that the provision which he had pro- manence of the Church Establishment, and posed, and which appeared to him so per- which induced him to consider it unnecesfectly reasonable, would not be rejected sary to connect any security with the by the noble lord or by any of the persons measure of simple repeal. He would not who advocated the claims of the Dissenters. now enter into the discussion, but he could It was impossible for him unequivocally to not avoid expressing his opinion that the pledge other persons; but, if this provision noble lord bad failed to prove the truth of should be adopted, he entertained the his position In arguing the question, the confident expectation, that the present noble lord was not warranted in appealing session would not expire without an ar- to America and to other countries, where rangement of a satisfactory and permanent there exist no established churches. It nature being effected, with regard to the might be very true that no tests or securi