GSTC A N N Q^ U I R Y INTO THE PRINCIPLES O F TOLERATION; THE DEGREE, in which they are admitted by our L A W S j AND THE Reasonableness of the late Application made by the Dissenters TO PARLIAMENT FOR AN Enlargement of their Religious Liberties. By JOSEPH FOWNES. The Second Edition, with confiderable Additions. Quot adhuc repurgandae latent leges, quas neque ajuiorum nvune- rus, neque conditorum dignitas commendat, fed sequitas fola ? et iJeo, cum iniquz recognofcuntut, merito damnantur. Tcrtiilliani Apolog. cap. iv, p. 54. ed. Havercampi. SHREWSBURT: Printed by J. Eddowes ; and fold by J. Buckland, at No. 57, Pater -noli er-Ronjo , London. 177 3. 9 oSpSLt a' r'nte Two Shillings and Six-pence. [ Si ] BK. \G\0 ? < PREFACE To the First Edition. THE plan of the following cfTay was laid, and the molt material thoughts in it ranged under their refpective heads, before the author had feen Mr. Mauduit's cafe of the diflenters. Upon looking into it, o he found fome of the topicks, which had been comprehended in his original defign, <^> infilled upon to great advantage ; and for ^ this reafon has omitted feveral obfervations, : which he intended to have made, that the reader might not be at the trouble of attend- ing a fecond time, to what had been fo much better faid already. The writer hopes, therefore, that he (hall not be confidered by that ingenious gentleman in the light of a rival, but be received as an auxiliary : an auxiliary in fupport of a caufe, which, z: as he has juftly obferved, is worthy of the S efforts of all the friends of liberty to fup- = port it. A % It 301066 IV PREFACE. It was not till a greatL part, of what the author propofed to himfelf, was finifhed, that the letter to the difienting minifters, who fo- liated parliament, fell into his hands. As two gentlemen of diftinguifhed learning and abilities afe directly attacked, and in a man- ner called upon to defend themfelves, by the writer of that letter ; and as it appeared highly probable, that one of them, at leaft, would undertake the vindication of himfelf, his brethren, and their caufe , it was at firft intended to have taken no notice' at ill of that performance in this piece. But when that part of it, which relates more immedi- ately to the diflenters, came to be confider- ed, the objections, which this gentleman has made to their conduct, lay fo continually and directly in the way, that it was found impoffible not to make fome animadyerfions on his reprefentations and reaibnings. This has made fome confiderable alteration in the form, which this head of the Work would otherwife have worn, and added fomething to the length of it. Who the writer of the letter is, it would perhaps be thought dif- refpedtful to conjecture. He has aflumed no character, which requires or warrants any particular kind of reference -, and there- fore he is all along mentioned only as a writer. A confiderable matter of eafy and elegant compofuion, he certainly is , and, as it is PREFACE. v is hoped his meaning has not been miftaken* (defignedly mifreprefented it affuredly has not) fo, it is hoped, there is nothing in the pafTages, in which he is introduced, but what is confiftent with the regard due to a gentleman of abilities and learning, and agree- able to that temper, which ought always to be preferved in controverfial writings. With whatever freedom any of his arguments have been confidered, care has been taken to do it with decency , and not to have con- fidered them with freedom would have been jnjuftice to the caufe, which is here pleaded. The whole of this performance was finifh- ed, and put into the printer's hands, before a fight of Dr. Kippis's very fenfible defence of the diflenters was obtained : fo that Very little, if any, alteration could be produced, in what had been written, by the perufal of it. One thought, towards the conclufion of this tract, was inierted, while the meets were work- ing off, which was fuggefted by the Doctor's book, of which an acknowledgement is made at the bottom of the page in which it occurs. The author gladly, takes this opportunity of returning his thanks to the Dodor for the great pleafure received from his book. It is only necefTary for the author to add, with his predeceflbrs in publication, Dr. Kippis and Mr. Mauduit, that what he has here drawn up, was drawn up without beina Yl PREFACE. being communicated to a fingle diflenting minifter. He entered upon the fubject un- iblicited and uninfluenced by any motive, but the defire of doing juftice to a good caufe. He hopes there will be nothing found in his performance unfuitable to the temper of one who is a friend to truth, and to re- Jigioiis liberty ; - who honours all, in whofe attention the facred rights of confcience find 3, place ; who is a fteady friend to chrifti- anity, and an hearty well-wilher to the fuc- cefs of all attempts to promote it by ex- ample, argument and per fuafion j but an enemy to all meafures of violence and per- secution. Thefe are the characters he will always be defirous to maintain : and thefe characters alone would dictate the fentiments he has here committed to writing, though he were utterly unconnected with any reli- gious body in the kingdom. They are, in- deed, no other fentiments than what Mr. Locke, though no difienter, nor attached to any of their fentiments, (any farther than he approved the general principles, upon which they went, as the principles of that liberty in which all chriftians ought to ftand fail,) has delivered in his preface to his letter on Toleration. The circumftances, which gave occafion to fome of his expreffions, have, it muft be gratefully owned, long fince ceafed to exift among us : and thefe expreffions are pre- I* R E $ A C E. ru preferved here for this caufe only, that they could not well be feparated from thofe, which are adjoining to them ; and without the leaft intention of making the moft diftaht appli- cation of them to any perfons now living. But, though his words had a lingular claim to the regard of the times, in which he lived, they are by ho means unworthy of the attention of the prefent, or indeed of any times whatsoever, in which this queftion is under confideration. " Narrownefs of fpirit, on all fides, has " undoubtedly been the principal occafion of " our miferies and confufions. But, whatever " may have been the occafion, it is now " high time to feek for a thorough cure. > " It is neither declarations of indulgence, " nor acls of comprehenfion, [alone] fuch " as have been yet praclifed or projected " among us, that can do the work. 'The " firft will but palliate, the fecond encreafe ** our evil. Abfolute liberty, juft and true, ** equal and impartial liberty is the thing * c we ftand in need of. I cannot therefore u but hope, that this difcourfe, demonftra- " ting both the equitablenefs and practica- 44 blends of the thing, will be efteemed " highly feafonable by all men, that have " fouls large enough to prefer the intereft " of the publick before that of a party." A glorious, and never to be forgotten Hep was, tiii PREFACE, was, about that time, taken towards intro- ducing this important blefling. Whether \% quite anfwered the idea of religious liberty, which is pointed out in the above cited words, let thofe, who have maturely confi- dered it, judge. And if it does not, 1 leav$ them to judge alfo, whether, if this great man were now living, and were to be afked his opinion of the fitnefs of granting the requeft of the diflenters, he would not give it for going this ftep farther ? f qrp ffp orb O PREFACE [ i* ] PREFACE To the Second Edition. AN account having been already given, in the preface to the firft edition of this pamphlet, of the rife and progrefs of it, nothing farther is neceffary to be added here concerning it. The differences between the conclufion of this and the foregoing edi- tion will be eafily accounted for by any one, who confiders that at the time of this fecond publication, the petition of the dif- fenters was again laid before the parliament. This additional preface, and the appendix, will fufficiently explain themfelves ; and all, which remains farther to be faid, concerning them, and the eflay, to which they relate, is to recommend the reafonings ' contained in them to the candid attention of fuch as may perufe them. What apology may be needful for the whole, or any part, of the enfuing enquiry, the readers of it will determine by their own judgment. That, which the author himfelf apprehended, at the writing of it, might be a thought x - Preface to the Second Edition, thought mod liable to exception, was his employing fo many pages in attempting to eftablifh the general principles of Toleration, which had been fo largely difcuffed by wri- ters of the moft diftinguifhed reputation. But according to his views of the affair, which gave occafion for his book, fuch a confideration of them feemed unavoidable. The more he reflected on the difappointment of the difTenters, the more he was convinced, that it could be reafonably founded only on one of the following fuppofitions : that Toleration is not a matter of right, but of favour -, that, allowing it to be a matter of right, the penal laws againft diffenters are no infringement of that right , i. c. are not perfecuting laws ; that if they are per- fecting laws, the act of Toleration is an exemption from them, adequate to the relief of all, who need to be exempted from them ; or, laitly, that there was fomething in the nature of the requeft made by the dif- fenters, which rendered the farther exemp- tion, which they folicited from thefe laws, unreafanable. That the act of Toleration affords but a very imperfect protection from the feverky of thefe itatutes, is a plain mat- ter of fact, which admits of no difpute. But how far the laws, of which it is a mitiga- tion, are in themfelves uniuilifiable ; or whe- ther there was any thing peculiar in that iecuritv Preface to the Second Edition. xi fecurity from them, for which the difTenters became fuitors, which rendered their cafe unworthy of regard, mud be determined by an appeal to the original principles of To- leration. For this reafon it was thought indifpenfably requilite to ftate them, and col- led: all the fubfequent parts of this queftion into one point of view with this leading, capital part of all ; that, by the light which it mull of neceflity caft upon the others, the equity of the relief requefled by the difTenters might be clearly determined. And, if it has appeared, upon a careful furvey, that Toleration is the right of all good fub- jects, and members of fociety ; r if it is found, that the penal laws againft difTenters are utterly fubverlive of this right, and, con- fequently, unjuft , and, if it has been made evident, that the principles and de- portment of the difTenters, and the afTurances, which they are ready to give to the ftate for their loyal and unexceptionable demean- or, are fuch as ought, in reafon, to obviate all fufpicion of the contrary : if thefe things have been fatisfaclorily fhewn, the inference makes itfelf, and is too plain and certain, not to be feen and acknowledged by every intelligent perfon ; - that the requeft of the difTenters was reafonable, and that the part they acted in prefenting it was worthy to be approved. a 2 When xii Preface to the Second Edition. When applications, for relief from bur- thens, are founded upon principles of juftice, it is generally allowed that apprehenfions of ibme accidental, or merely poffible inconve- niencies, with which granting the defired re- lief might be attended, are not of ftrength fufficient to juftify the refufal of it. And yet to this clafs the objections, which have been urged againft the arguments by which the diffenters have defended their cauie, muft, in general, be reduced.- Alarming hints have been given of the dangers, which might have followed, if their defire had been granted. Great refpect has been expreffed for the prefent diffenters , but great doubt concerning their conduct, and an unwilling- nefs to anfwer for their behaviour, were they to carry their point, have been joined with thefe profeffions of refpect. Vague and obfcure prefages of evils, which, in this cafe, might fome time arife, have been entertained and fuffered to work upon the imagination ; and fuppofitions of events have been made, fo chimerical and deftitute of foundation, that it is furprizing that gentlemen of underftand- ing, fliould ever be imprefTed by them. But the groundleffnefs of thefe fuppofitions will be confidered hereafter. What is now to be obferved is, that all thefe reafonings proceed upon an entire inattention to the nature of the cafe, which they are defigned to affect. In matters Preface to the Seeond Edition. xiii matters of mere favour, or expedience, fuch confiderations as thefe may be allowed to have their weight; though, even in things of this kind, it is owned, that prefent and probable advantages ought to turn the fcale againft diftant, and merely poflible, difadvan- tages. But, in matters of right, fuch objec- tions as thefe are feldom admitted. Were they fuffered indeed to prevail, there is no liberty fo important and reafonable, but it might be denied ; no right fo facred and inviolable, but it might be taken away. For what right, what liberty is there which may not be abufed ? Or what advantage is there, from which fome poflible inconvenience may not refult ? The diffenters apprehend the relief, which they afked, was no more than the principles of reafon, chriftianity, and pro- teftantifm, warranted them to requeft ; yet fuch objections as thofe, which have been mentioned, feem to be with many confider- able enough to overbalance all, which the petitioners could produce in fupport of their requeft ; and to juflify the retaining of laws, which even they who contend for their con- tinuance, have not undertaken to vindicate ; except it be by alledging, that they are laws not to be executed, but to ftand in terror em only -, an excufe, which is at once utterly infufficient to defend the keeping up of fuch laws , and, (as the argument has been con- ducted xiv Preface to the Second Edition. ducted by thofe who have thought proper to have recourfe to it) is, in effect, giving up the caufe. To be made in terrorem, is the com- mon chara&er of all penal laws whatfoever. The first intention of them is to prevent- the forbidden actions, by the fear of the penalties enacted on account of the viola- tion of the law. The execution of fuch laws comes in only in the fecond place, and is to be confidered merely as the remedy, which is to be applied, when the bare declaration of the law is not effectual to procure obe- dience. But, if the laws themfelves are good, it is univerfally allowed that, when they are broken, the execution of them ought to fol- low. When laws, therefore, are faid to ftand in terrorem only, or without any view to the infliction of the penalty appointed by them, the very form of the exprefllon implies, that there are fome circumftances annexed to them which render the execution of them unfit. To fuppoie of any laws, that they are not fit to be executed, is giving, at belt, but a very unfavourable, difhonour- able reprefentation of them j and the farther we enter into the grounds of the fuppofition, the more unfavourable to the credit of fuch laws it will appear. For why are they not fit to be executed ? If it is becaufe they are calculated to produce more evil than good, Preface to the Second Edition. xv good, they are bad laws in point of policy. But if it is bccaufe they arc unjuft, in reipect to their end, or the means by which they direct that end to be purfued, they are bad in point of confcience ; and no competent caufe can be afligned for retaining them. They cannot, as Dr. Furneaux has juftly obferved, a " be confidered as the offspring " of political wifdom, fo much as of an " arbitrary and tyrannical difpofition." And, as they were enacted upon indefenfible prin- ciples -, fo no merely poflible conveniencies, which may be imagined to refult from them, are weighty enough to fhew that it i^ right to permit them to remain, were the reality of fuch conveniencies to be admitted. But in fad, the argument drawn from them is as deftitute of foundation, as it is void of itrength - t and, inftead of fortifying the credit of fuch laws, tends rather to weaken it. Let the notion of laws, kept up merely in terrorem, be ftrictly adhered to, and it will be evident, to fay the gentlefl things of them, that they muft be of little or no ufe. If any doubt can arife concerning this, it muft proceed from hence, that lbme laws may be inadvertently comprehended under this denomination, only becaufe it is but ieldom that occafions happen to require the execution of them ; but this is departing from the Letters to Sir William Blackfione, 2d cd. p. 122. xvi Preface to the Second Edition. the fignification of the phrafe, as it is ap- plied in the cafe under confideration. In- stances of perfons fuffering for treafon and rebellion are, in general, but rare, and bear no proportion to the number of thofe, who fufFer on other accounts j/ and yet no one, it is prefumed, imagines, for this reafon, that the laws againft thofe offences, are laws merely in terrorem. The laws concerned in the prefent debate, are laws, the execution of which is laid afide, though the objects, againft which they are directed, are conti- nually exifting. They are laws which are vir- tually condemned, by a general difapprobation of the execution of them, as improper to be renewed. And, when it is afked, of what ad- vantage it can be to retain fuch laws as thefe - 9 which are not only fallen into neglect, but, which the very advocates for their conti- nuance confefs ought to be left in this neglected ftate ; the queftion, thus ftated, carries its own anfwer with it : and a mo- derate fhare of attention to the very terms of it will fatisfy us, that their continuance can be of no advantage. When the dread of a law ceales, all the efficacy of the law ceafes with it. When the execution of the law is entirely thrown afide, efpecially when it is by common confent exploded j (which in the cafe; here argued it is) the dread of the law foon comes to an end. For it is the Preface to tlie Second Edition. xvii the execution, which fupports the terror, gives it all its permanence, vigour and effect; and when that is given up, all the practical authority of the law is given up alfo : and all their ufe, upon fuppofition that it were pofiible for them ever to be of any fervice, is deftroyed. But the ufelefihefs of keeping fuch laws in force is the leaft objection to it : the confequences of it may be highly pernicious. Bad laws may be fuffered to deep for a feafon, and, while they remain in this dor- mant (late, may be treated as very harmlefs, inoffenfive things. But the power of opprei- fing, by their means, abides , this power, by fome combination of unhappy circum* fiances, may be awakened into action ; and, perhaps, among the whole body of obnoxious penal laws, there are none, which are more likely to be molt grofsly perverted, and be made the instruments of the mofl infupport- able evils, than thofe, which have been for a time difcarded, and afterwards refumed for execution. For what is it, which mod com- monly brings them into this difgrace, -but a conviction that they are yokes too heavy to be endured? What, but a conviction that they arc inconfulent with the laws of reafon and humanity , that to enforce them is repugnant to the principles of natural and political jiiftice -, and would be equally oppofite to b the xviii Preface to the Second Edition. the fafety of individuals, and the tranquillity of the publick ? The execution of fuch laws can never be fuppofed to be revived, but from bad views and difpofitions : and from this confideration, alone, it is eafy to forefee, of what innumerable mifchiefs they may be- come the occafion. Regard to the laws will be the pretended reafon, for the profecutions commenced upon them ; but the advance- ment of fome finifter defign will be the real one. Private intereft, pique, revenge, and other bafe and unworthy principles, will be (heltered under the cover of what, in fuch feafons, would be ftiled juftice, order, and the fupport of authority ; and a counterfeit zeal for the welfare of the ftate, become a cloak for every malicious and fhameful in- clination, by which we can fuppofe the word of men to be prompted. Nor are thefe only arbitrary affertions, which deferve to be treated as unworthy of regard. All, who are acquainted with hiftory, well know, that fome of the word acts of injuftice, which are recorded in it, have been committed un- der the fanction of obsolete laws j that is (if it be poflible for any of my readers, to want fuch an explanation) laws grown into difufe, though fupinely fuffered to con- tinue in force ; and which, if they were re- membered to be laws at all, were confidered as Preface to the Second Edition. xix as laws, which were permitted to retain that name in terror em only. But if we afcend to the primary princi- ples, to which all political regulations ought to be adjufted, we fhall be furnifhed with frefh evidence, that no laws, founded upon injuftice, let the execution of them be ever fo little intended, or expected, are capable of a folid vindication. Laws ought to guard againft oppreflion, from whatever quarter it is apprehended. Such laws as thefe, give power to opprefs ; incorporate incroachments upon the rights of men into the conftitu- tion ; and arm thofe, who are difpofed to violate the peace of others, with the force of publick authority. They are fo far from being proper means of preferving the pub- lick tranquillity, that they are the moft im- proper ones, which can be chofen for that purpofe. For, in their natural operation, they are adapted only to create diflrefs and confufion : and, if it be poffible for any par- ticular circumftances to arife, in which fome momentary convenience may refult from them i there are other methods, by which the evils, (which it is pretended they may be of ufe to check,) may be remedied with in- comparably greater efficacy, fafety and ho- nour. If the apprehended evils are, in rea- lity, proper objects of punimment by the civil magistrate, furely the regular, obvious b 2 COUI'ff xx Preface to the Second Edition. courfe to be purfued, is to eftablifh proper laws againft them ; and not to think of fup- prefling them by making or fupporting laws, which decree penalties againft what no hu- man power has a right to punifii , which di- rectly forbid what, it is allowed, ought not to be forbidden , and while they, perhaps, make no mention of what is really an of- fence againft the obligations of good fubjects, condemn only that, which the judgment of men has no authority to reftrain. Laws di- rected againft thole actions, which fall pro- perly under their cognizance ; (in' which the nature of the offence is clearly defined, and the fanflions of them duly proportioned to the offences which they prohibit ) will gene- rally have their influence confined within its proper limits. The terrors of them will be aimed at their original and juft object i and there is, comparatively, but little dan- ger of their being abufed. But to have re- courfe to laws, intended to prevent one thing, to reftrain another, which is totally diftind from it, and has, perhaps, no probable, and certainly no neceflary connexion with it ; and to ordain penalties, in cafes in which they can never be juft, merely becaufe it is poffible, that they may, by chance, be employed in cafes where punifhments may be juft , (that is, in other words, to make the innocent directly obnoxious to fufferings, merely for the Preface to the Second 'Edition. xxi the fake of accidentally reaching the guilty jf) is giving fcope to an endlefs variety of op- preflions. P'or^the execution of laws, which are thus made ufe of, being 'directed, not by any rule arifing from the laws themfelves, but by the inclination of thofe, who call in their force, will always be arbitrary in their ap- plication : and the confequence of this is, that they will always be liable to be perverted into fome of the worft engines of tyranny -, engines, againft which no caution is able to guard, and by which perfons, the moft un- quePaonably harmlefs, and without rebuke, may be given up to be harrafled by every man, who has either an intereft to ferve, or a paflion to gratify, by disturbing them. And is this an expedient, to which it can ever beneceflary to the fafety, or fuitable to the dignity, of a well ordered ftate, to have recourfe ? It appears, on the contrary, to be fuch a folecifm in government, and fo inconfiltent with all political wifdom, that, without the ilrongeft evidence, it is not to be imputed to any fet of legiQators what- foever. And, indeed, to urge it in the cafe before us feems to be only an afttr thought, to give fome countenance to the continuance of laws, for the making of which it is not pretended, that any good plea can be offered. This was plainly not the original light, in which they were confidered by the authors of xxii Preface to the Second Edition, of them, who fufficiently (hewed themfelves in earned for the execution of them j though the better judgment, and better fpirit of the prefent times, has utterly condemned them. When laws are allowed to be indefenfible, the natural expectation, from fuch a concef- fion, is, that thofe, who acknowledge this, ihould approve of giving them up. That the penal laws, from which the diffenters re- quested a farther exemption, are of this kind, feems to be confeffed ; and every argument againft keeping up unjuft laws, in terrorem, in general, muft be acknowledged to conclude againft them in particular j and yet, flrange as it may feem, a necefiity is pleaded for their continuing in force, to keep the diffenters in awe. But let it be allowed to afk, whence this neceffity arifes ? Or againft what is it that all thefe terrors are pointed r It furely cannot be againft attempts to hurt the efta- bliihment by force. Were there no fuch laws as thofe, which we are confidering, in being ; the laws, by which every man, and every body ox men, are protected in the enjoyment of their properties and priviledges, would be an ample fecurity againft all fuch encroach- ments. The continuance of thefe laws can- not, again, be thought neceffary, from a defire to deter the diffenters from writing and {peaking in defence of their religious prin- ciples and practices. For the diffenters to admit Preface to the Second Edition. xxiii admit this thought, would be to impute to their brethren of the eftablifhment a diftrufl of their caufe, with a fufpicion of which, they might be juftly difpleafed ; and to charge them with an inclination to fubftitute force inftead of argument, which they would dis- claim with indignation. To fuppofe thefe laws are retained from an apprehenfion, that the doctrines of the church could not fub- fift without them, would be a reflection upon the articles of it, which the friends to them would have reafon to refent. Truth wants nothing but an impartial hearing. The way to promote the interefl of it is to per- mit the judgments of men to determine free- ly, by the evidence which appears before them, unbiaffed by the terrors of this world , and it can never be to the honour of any caufe, to think it wants any of thefe aids to fupport it, or redound to the praife of its advocates to depend upon them. And yet, againft what other contingencies thole, who contend for keeping up the terror of thefe laws, can think it necefiary to maintain fuch a powerful guard, it is not cafy to conceive. The apprehenfions of indecency and petu- lance, on the part of the diflenters, need give them no pain ; -Thefe are faults which, wherever they are found, furnilh the beft antidotes againft themfelves, and never fail to difcredit the caufe of thofe, who have fo little judgment xxiv Preface to the.Secqnd Edition. judgment and temper as to give way to them. And were thefe excefles to prevail much more frequently, and in a higher degree, than can be reasonably fiippofed ; yet to defire to have a perfon lie at the mercy of cruel and unjuft laws, and be Subject to ruin, merely becaufe in the warmth of a controverfy, he has loft his caution, has fomething in it, which a man of true greatnefs of mind will abhor-, and one, who has a juft reverence for his own reputation, will be. extremely backward to acknowledge. . Hitherto the" propriety of fuffering the pe- nal ftatutes againft difTenters, to hold the place in our laws, which is (till left to them by the act of Toleration, has been confidered as it refts upon the general expedience of keeping them up as laws in terrorem only. But, befides the objections, which have al- ready been urged againft them, upon this footing-, the antagonists of the difTenters, in this cafe, have embarrafled themfelves with new difficulties -, and, by endeavouring to mollify the fe verity of that fide of the quef- tion, which they defend, have taken away the force of all the arguments, by which they attempt to vindicate it. To reconcile the difTenters to their difappointment, they have been told, that all their fears are vi- fionary, that they may make themfelves per- fectly Preface to the Second Edition. xxv fectly cafy, b " the ftate will not attend to " their preaching, and the church are en- " gaged in labours of their own. " Let this, for the prefent, be granted. The ques- tion ftill returns, (and returns with additional force :) for what reafon, then, are thofe re- licks of perfecution, which are yet contain- ed in the laws againft difienters, fo tenaci- oufly held fall ? Or on what account is a legal aflurance of that fafety, which it is acknowledged the diffenting minifters ought to enjoy, and which they are fo confidently told they will enjoy, deemed fo improper ? To attempt, in any form, to vindicate the perpetuating of laws confeiTedly bad, mere- ly for the fake of ftriking terror, is attempt- ing an arduous tafk. But to reprefent thefe laws as harmlefs, becaufe no ufe will ever be made of them ; and, at the fame time, fpeak of the repeal of them as a rifk not to be run, is furely very peculiar. It is, if the exprefTion will be pardoned, a felf-de- ftrudtive mode of reafoning, which faps the very foundation, upon which it appears to ftand ; and brings thofe, who adopt it, into the midft of contradictions. If, as the au- thor of the letter to the dilTenting minifters tells them, c all that part of the law, by which they think themielves aggrieved, " is " now as dead, as if the whole were ob- c " folete; b Letter, p. 17. c Ibid, p, 57. xxvi Preface to the Second Edition* " folete ; " where is the terror it is fup- pofed to contain ? Or what is become of that fecurity, which it is fuppofed to give to church and ftate ? If thefe laws, on the other hand, are referved, becaufe occafions may call for their execution; from whence can the difTenting minifters derive that en* tire fatisfaction, in their prefent circumftan- ces, which is recommended to them ? If the execution of thefe laws is to ceafe for ever, where would be the harm of a law for quieting the minds of the diflfenters, by gi- ving them a proper, real fecurity from thofe Jaws, which difturb them ? But, if thofe may yet be the inftruments of opprefllon, and the apprehenfion of this may juftly make the diffenters uneafy, why Ihould they be cenfured as raifing a [needlefs] ferment d by their application , ? Or with what equity can they be blamed, as indulging unreafonable jealoufies, when the very reafons aftigned for denying their petition, have fuch an apparent tendency to keep their apprehenfions awake ? When they think, indeed, of the liberal fenti- ments and exemplary moderation, which reflect fo much honour on the members of the efta- blifhment, their fears vanifh. But the fame excellent fpirit, which dwells in thefe valuable perfons, may not defcend to others. If it Ihould, yet, as our laws now ftand, it is not d Letter, p. 32. Preface to the Second Edition. xxvii not in the power of thofe, who may have the bed inclination to it, to infure the fafety of the diflenters from the dangers, to which they are expofed : and, when thefe things are candidly confidered, it cannot be juftly thought ftrange, if they are ftill defirous to enjoy the advantage of legal fafety , and be completely affured of the unmolefted exercife of thofe rights of human nature, which, as a very able writer has happily exprefled it, '* ought to have every protection and ground ( i Barbeyrac. orat. inaugural, de dignitate, et uti- litate, juris, ac Hiilor. p 17. Droit de la nature, Sc des Genev. edit. Amfterd. 1712. torn ii. a la fin. An [ i 1 % = jrfk j*% ja*. jr* jBfk r $ # & v luJ SJr kjHi v &3 % An ENQUIRY, Sec. ?fM^HE worthy and refpectable Dr. Hg T a* Law, a fpeaking of the common St*j42jH( difpofition to extol the former times at the expence of the pre- fent, mentions two circumftances, among others, in which the latter are greatly pre- ferable. One is, " that we have certain " virtues now in greater perfection ; parti- " culatfy, more of true charity, or univerfal 5t palled i-ASitY. vol. ii. p. jo. folio, Principles of Toleration, &e. 65 not only in difcipline, but in doctrines. Their opinions are inconfiftent with thofe, which are eftablifhed by law, in points, which the ca- tholicks efteem fundamental ; in thofe which concern the rule of faith, and the objects of worfhip : and they have given it as their judgment, that the honours paid to faints, to images, and to the hoft, are nothing lefs than idolatry. Will this writer therefore fay, they ought not to be tolerated, but lie open to the punimment of the gallies, imprilbn- ments, and all the tortures of the inquifi- tion ? If he efteems this too abfurd to be admitted, with what confiftency can he fup- pofe, that the diffent of proteftants from a Protestant church, in fome points of doctrine, deftroys their title to a legal Tole- ration ? It is no juftification of this Oppref- fion, to dignify the principles, thus enforced by penalties, with the founding titles of doc- trines, which have been acknowledged by the chriftian church in general, and the fuppofed fundamentals of chriftianity. The content of all the churches upoo earth, in favour of a doctrine, creates no obligation upon others to receive it, in oppofition to their convictions, that it is unfupported by fcrip-f- ture ; nor authorizes the application of penal- ties to enforce it. Chriitianity itfelf is not to be propagated by the terrors and cruel- tics of perlecution. It is not many ages K finer 66 An Enquiry into the true fince tranfubftantiation, and all the mercilefs load of the other enormous corruptions and fuperftitions of popery, were " maintained " by all the eftablifhed churches of the weftern world, and it was efteemed impiety to dif- pute them. To infinuatc, therefore, that perfons become unfit for a Toleration, by departing from thofe doctrines which an eftablifhed church, or all eftablifhed churches (if that expreflion is liked better) judge to be fundamental ; to infinuate this, I fay, is fixing a brand upon the Reformation. It opens a door to oppreflion wherever fuch diflent from the publick religion is to be found, and, in a protestant, is fomething aftonifhing. Every church, as Mr. Locke obferves, and as it has been innumerable times obferved after him, is orthodox to herfelf, and judges her doctrines to be thofe of chriftianity. The church of Rome main- tains feveral of thofe doctrines, which are utterly rejected by proteftants, to be the ancient catholick faith of chriftianity , and, whatever fome of her more moderate mem- bers may do, in her publick, authentick acts, excludes all, who deny them, from being truly parts of the chriftian church. So that wherever the faith of that church is eftablifhed, all thofe who adhere to the doctrines of the Reformation, mull, upon this author's own principles, lofe their claim to- Principles of Toleration, &c. 67 to a Toleration. But there is a peculiar unreafonablenefs in confining this privilege within thefe limits, if, as he affirms, * there are doctrines inferted in the articles of the church, which were not intended by the compilers as credenda, or things necefTary to be believed. To be obliged to fubferibe thefe is furely more than can be neceflary to a Toleration, even upon his own princi- ples : nor is it any alleviation of the bur- then, that the dirTenting miniflers were for- merly fuppofed to approve them, and have actually afTented to them in their writings. b Whether they approve them or not, the dirTenting miniflers are laid under the fame necefilty of fubferibing these articles, as they are under to fubferibe the mod fun- damental doctrines, which can be named a- mong the whole collection : and it very little mitigates the hardfhip, that they are fpoken of under the foftening title of articles of peace. c This is a diftinction in the articles, which the diffenters know not that they have any warrant from publick authority to make ; and, if by this is meant, that they are only articles not to be oppofed, the an- fwer is, that to declare an approbation of, and fubferibe to an article, is, in the judg- ment of the difienters in general, an act of K 2 a very * Letter, p. 7. b Ibid. p. 7. c Ibid. p. 9. 68 An Enquiry into the true very different amount from a bare promife po keep filence in relation to it. But fuppoflng all this to be admitted in favour of the diffenters, their application is flamed by mauy, as being a needlefs one. The ftate of their cafe, delivered to the members of the two houfes, is fpoken of as dwelling upon appearances of a perfecution d which no where exifts, and only flipping as it were by accident, into an indirect acknow- Jedgment that the violation of the law has been connived at. But was it pofllble for the cafe to be otherwife drawn up ? Does not every petition for the redrefs of grie- vances, carry in it a reprefentation of thofe grievances ? Were the diffenters to lay be- fore the legiflature their deflres to be relieved from burthens, without fpecifying what thefe burthens were ? To charge them, though ever fo indirectly, with an intention to infi- nuate, that they fuffer hardlhips from which they are entirely free, is to load them with an imputation of unfairnefs, for which they have given no caufe. Their complaint was not of the fpirit of the times, but of the fpirit of the laws, from which they hoped to be relieved. This, whether thofe laws are executed, or unexecuted, is in itfelf ftill the fame ; and if the recital of the fubflance of them excites " horror and companion," c the reproach d Letter, p. > r Ibid, ubi fup. Principles of tolerat'ioi^ &c. 69 reproach falls upon them, and not upon the administration of the government, the mild and gentle tenor of which is thankfully per- ceived, and chearfully owned, by every dif- fenter in the kingdom. But connivance is not legal Toleration , non- execution of the penal laws, againft non-conformifts, is a very different thing from proper exemption from them. And, if this be what they are per- fuaded they may reafonably aik, upon what principle they can be blamed, merely for making an application for it, is little fhort of being utterly incomprehenfible. Was it ever imputed to men as a crime, as an in- stance of reftlefihefs, or even a want of decorum, that they defired not to be left open to oppreflion ? Or can it be any reafon for cenfuring perfons as not eafily fatisfied, ' that they are folicitous to be guarded from dangers, to which they are always expofed, and from which, though they have no im- mediate profpect of it, great evils may pof- iibly come upon them ? To fay, that the diflenters labour under no grievance, though in one fenfe it may be allowed, falls far fhort of the point. If the laws in queftion are in themfelves unreafonable ; if feveral of them were at firft dictated by a fpirit of revenge ; calculated for bad purpofes ; and may be made the instruments of breaking in upon the f Letter, p. 37. jq An Enquiry into the true the peace, property and liberty, of perfons of the moft unexceptionable behaviour, and irreproachable character, whenever the ma- lice, animofity, or avarice of fome of the worft of men, may inftigate them to fuch means of gratifying thefe pafiions : if this, I fay, be really the cafe, to be liable to fuch evils is itfelf a grievance ; a grievance which it would be want of prudence, of re- gard to the welfare of thofe in whom we are interefted, and of a juft concern for the common caufe of liberty itfelf, not to be folicitous to remove. To reprefent the pe-* tition of the dilTenters, therefore, as a foli- citation for what is apparently fomething, but really nothing, g is, with fubmifiion to a late writer, fcarcely confident with that candor of which he makes fuch ample pro- feflions. And were it fo, the difficulty would only fall back upon himfelf, and leave every man, who is unwilling to admit unfavourable thoughts of the juftice and humanity of his fellow creatures, at a lofs for a reafon for his being fo much difturbed, by the diflen- ters making an application for, what he calls, an unfubftantial favour. h To fay, " it " was too much to be granted, and too little " to afk, " * may pleaie the imagination by the antithefis, but has too much the air of an enigma in it ever to fatisfy the under- ftanding, * Letter, p. 4. h Ibid. p. 4. ' Ibid. p. 37, Principles of Toleration, Sec. yi Handing. It may found prettily, but will not bear the teft of a fober examination. If the judgment of the petitioners is to deter-; mine this point ; what they apprehend it rea- fonable to requeft, and worthy of their ap- plication to obtain, is neither too great to be granted, nor too little to be afked. If, on the other hand, the perfons, to whom the petition is addrefTed, allow the requeft to be reafonable, it may be, indeed, in their opinion too little to be afked (for it mould, in that cafe, have been given without afking) but it can never be thought too great to be granted. And mould it be fuppofed, once more, that the requeft is deemed an unrea- lbnable one ; the contradiction flill remains. The fubjefb of the requeft may, it is true, be judged too great to be granted : but then it can never be too little, but too much, abundantly too much to be afked. To con- fider a grant as next to nothing, and yet ta oppofe it with the ferioufnefs with which this author feems to oppofe it, is, in reality, almoft without a precedent. The fmallnefs of a favour has often been deemed a good reafon for beftowing it ; but it is not eafy to recollect an inftance, in which it has been judged, of itfelf, a fufficient ground for with-holding it. And were the alteration defired by the petition of the diffenters, only an apparent improvement of the Toleration, there 72 An Enquiry into the true there is reafon to believe, that many of the eftablifhment, as well as the difTenters, would fincerely rejoice to fee it adopted, as a pur- gation of our laws from what numbers con- lider as fo many blemifhes in them, the ta- king away of which they cannot help think- ing would greatly encreafe their beauty, and give new force to that noble, and, in the main, juft encomium of them, that the " idea and practice of political and civil *' liberty flourifh in their higheft vigour in " thefe kingdoms, where it falls lfttle fhort se of perfection." k But many it feems judge differently, and prefage that fuch an altera- tion would be productive of great and a- larming evils : and it is fit that the ob- jection mould be impartially confidered ; for it muft be confeffed it is a popular one, and fuch as may ftrike forcibly on the minds of thofe, who do not attend carefully to the real ftate of the queftion. It has been faid, then, that were the re- queft of the difTenters to be granted, here- iies would increafe, and the common faith of christians be fubverted ; and therefore it is fit, (for this muft be the meaning of the objection) that the laws relating to diffenting minifters mould continue as they are. It is eafy to fee, that this reafoning afcribes to the magiftrate a right of retraining herefies, or ''- Bhckflcne's Comment, vol. j. p. 126. Principles of toleration, &c. J3 or opinions which are not orthodox, by pe- naltiesj or elfe it proves nothing. If it is allowed to afcribe this right to the magis- trate, it proves too much ; much more than, I am perfuaded, thofc, who now make ufe Of it, will be difpofed to acknowledge. For, by the very fame train of reafoning, all the edicts of heathen governors againft chriftians, the execution of, the decrees of popes, and councils, againft protectants, by popifh prin- ces, and, in a word, all perfecuting exertions of power whatever againft thofe, who depart from eftablimed doctrines, might be eafily juftified. But other alarming confequences of complying with the defire of the diflen- ters are apprehended. One of their writers, it is alledged, has charged every church which maintains the doctrine of the trinity with being idolatrous. ' Becaufe the diflenting minifters inferted no offer in their bill, to fubfcribe to the doctrine of the Trinity, it is concluded, not by the ftricteft rules of logick, that this is one doctrine which fome of the petitioners defire to be at liberty to oppofe or deny j m - and from hence a fup- pofition is formed, that there is a poflibility " that by urging the precedent of the ido- " latrous people of Canaan, " n the hearers of diflenting minifters may be ripened " for " the expulfion or extermination of " the L members * ' Letter, p. 11. r ' Ibid. p. 13. ? IbiJ. p. 15. 74 dn Enquiry into the true members ofthe eftablifhment, " as an a6fc " of obedience to the divine command.'* Difienters, it appears, are not the only peo- ple liable to be thrown into panicks. But to be ferious. All this is only a proof of what has been already fuggefted ; that the petition of the difienters has been ftrangely mifunderftood. All, which is defired by it, fo far as the articles are concerned, is, in effect, this ; that diflenting minifters may be exempted from the penalties, to which their not having complied with the fubfcription to them, required by the act of Toleration, leaves them fubje<5b. The words of the bill are, " Whereas, by an act made in the ift ct year of the reign of King William III. " &c. preachers or teachers of any diflent- " ing congregations, are required, &c. to " declare their approbation, and to fubfcribe " the articles of religion, mentioned in the " ftatute of the 13th of Queen Elizabeth, " except as in the faid act, &c. is excepted ; " and whereas, many fuch perfons fcruple to ct declare their approbation of, &c. be it " enacled, &c. that fo much of the faid " aft, &c. as relates to the faid articles, or " to any of them, fhall be, and the fame is " hereby repealed." Suppofe this had been granted, what would have been the eftecl: ? Would See the bill, at the end of Mr. Mauduit's pam- phlet. Principles of 'Toleration, &c y$ Would it have put the dififenters into pof- feftion of any legal liberty to write or preach againft any of the doctrines of the eftablifh- rnent, from which they are now excluded ? By no means. Not to be obliged to fub- fcribe to, and declare an approbation of principles, i& one thing ; to write or preach against them is another. To defire not to lie under a load, which would crufh the moft humble, filent, ancl cautious dinen- ter, as well as one of the moft oppofite qualities j and to afk for a legal right to give way to thofe angry, indecent invectives, to which fome perfons feem to think the diffenters fo greatly addicted, are two points, fo totally diftinct, that it is furprifing that gentlemen of abilities mould ever confound them together. The generality of diffenting minifters have very little inclination, I be- lieve, to conlume the time devoted to their publick inftructions, in preaching againft the cftablilhment. They have greater points in view. But had their application been fuc- cefsful, the doctrines of the national church would have been very little, if any thing, more expoied to fuch attacks, than they arc now it has mifcarried. It has been fuppo- ied p that the provifo in the act of Tolera- tion, [ which fays " that nothing therein " contained mall extend, or be conftrued to L 2 " extend, " See the letter to the difTentcrs, p. i:, 13. 7 6 An Enquiry into the true " extend, to give any eafe, &c. to any pa- " pift, or to any perfon that fhall deny, " in his preaching or writing, the doctrine " of the bleffed Trinity, as it is declared in " the aforefaid articles of religion : " q ] would have been affected if the bill in queftion had pafled. There is room for a doubt, at leaft, whether this clauie would have been at all affected. r But grant that it would ; -m- pro- q n- 1 It is allowed, that the expreflion in the bill, at ;he end of the cafe of the diffenters, is very comprehen- five : for it defires that Co much of the faid aft, &c. as relates to the faid articles, or to any of them, may be repealed. And, were the expreflion to be taken fingly, and independently ,cf any other words, with which it is connected, there might be fome appearance of reafon for the application, of which the author of the letter to the diflenting rainilters, fuppofes it capable. But, if it be considered that it makes only the conclufion of a fentence, in which the fcruples of the difTenting minifters, relating to fubfcription, are afTigned as the ground of their application to parliament; that the defired repeal of what relates to the articles, in the aft, has a direft reference to thofe fcruples, and is propofed as a remedy againft the difficulties occafioned by them : when all this is laid together, 1 fay, it may furely be concluded, that the faireft and moft candid, and indeed the moft natural interpretation of the words is, that a repeal of fo much of the aft, as relates to a subscription to the faid articles, or to any of them, is defired. Ir is not, indeed, after all, of any material confequence, which of thefe conffruftions is fuppofed to be the trueff. However this may be de- termined, Principles of Toleration^ Sec. yy profecutions for herefy, according to the no- tions given of it by our laws, s woulo) have flood upon the fame footing, upon which they fland now - 3 i the honour of the liturgy would have been kept under the fame pro- tection, which now defends it;' the ioth of William III. would have retained its au- thority ;* in a word, all thefe guards of the principles and worfhip of the eftablifhment, would have fubfifted in their full vigour. And upon what foundation then, can the application of the diflenters be confidered as a requeft for permiflion by law, to preach againft the fundamental doctrines of the na- tional church ? Or with what propriety could the compliance of the legiflature have been reprefented as ' fetting up the opinion of a fmall body of. diffenting minifters againft the fundamental doctrines of the chriltian church ? termined, the do&rine of the Trinity is ft ill guarded by law, as ftrongly as can be defired. But when fur- mifes are fubftituted inftead of certain facts ; when fuf- picions fupply the place of proofs; and infinuations are introduced to play upon men's prejudices, alarm their jealoufies, and divert their attention from the real point in queftion ; it is fit that the requeft of the diflenters fhould be precifely ftated, and cleared from all thofe mifapprehenflons, which might incline per- fons to think unfavourably of it, and form difadvanta- geous judgments of thofe who promoted it. * i Eliz. cap. i. . 36. r 1 Eliz. cap. ii. . 9. 10, 11. yS An Enquiry into the true church ? Or what fhadow of reafon can there be in urging the apprehenfion of one thing, as a plea for retaining a power of pu- niming perfons for another, which is utterly different from it, and has no relation to it ? That men may have invincible objections to fubfcription, and yet be zealous advocates for the doctrine of the Trinity, and the doctrine of Satisfaction too, the warmed oppofers of the diffenters in this affair will fcarcely de- ny. And by what one good political maxim can it be juftified, to contend for leaving room to reftrain actions by the means of laws, which, if executed, muft bring hea- vy fufferings upon thofe, who never were guilty of the offence, which, it is pretended, makes them ncceffary ; and, if they are not to be executed, muft be wholly ineffectual to guard againft it ? The argument, which has been drawn from this laft confideration, to mow that a more extenfive Toleration will not be productive of inconvemencies, is treated, indeed, by the author of the letter fo often cited, with fome contempt. u But the diflenters muft beg his pardon, if they think it merited a different anfwer. What they advance flows with un- deniable evidence from his own affertions - y and he muft cither admit the juftice of it, or give up all, which he has faid to fhow the u Letter, p. 21. Principles of Toleration, &c. 79 the requeft of the diffenters to be a needlefs one. As long as it is but intimated, that circumftances may occur, in which it may- be proper to have recourfe to the penal laws againft diffenters, and the continuance of them is contended for as neceffary, though they are pretended to be kept up only in terrorem ; fo long the difienters will have reafon to be alarmed. Should the execution of them once be put in motion, none can fay where it will (lop : nor may it be always in the power of the greateft perfons to check its violence. If it is certain, on the other hand, that no fuch thing will ever be at- tempted, thefe laws muft lofe all their ef- ficacy. It is too much to be taken for granted, that the reftraints of law are always of real ufe. w The reftraints of good laws are real blefiings. Thofe of bad laws are real evils. But it is only on a fuppofition that they may be executed, that they will be either. Indeed for this gentleman to imagine that keeping up an obligation to fubfcribe, when, by his own confeffion, " that part of the law, [which requires it] " is now as dead as if the " whole law were obfolete " x can have any great influence upon the mode of thinking and fpeaking, of which fuch terrible appre- henfions are entertained, is utterly miftaking the true fource of it. For it is not the dii- uic v - Letter, p. 21. x Ibid. p. 3-. So An Enquiry into the true ufe of fubfcription, which has produced this freedom of thought and language upon re- ligious fubjects | but it is this freedom of thought, which has produced the difufe of fubfcription. Taking away the obligation to fubferibe would make very little alteration in the cafe. If this liberty of fpeech mould afterwards encreafe, the change in the law would be fo far from , deferving to be thought the proper caufe, that it could fcarcely be thought, with juftice, to be the remote oc* cafion of this increafe. The real caufes would continue to be the fame, which they ever have been \ the growth of an inquifitive difpofition , and the advancement of that largenefs of mind, which invites perfons to propofe their fentiments freely , makes the exertion of the civil power, on account of difference in opinions, odious , and, thus checks the operation of thofe laws which, in time's of another complexion, would be carried into rigorous execution. But admit that, to adopt the language which has been ufed on this occafion, he- refies might abound fomething more , is keep- ing up penal laws the proper remedy againft them ? Is this a competent reafon for re- futing the difienters that liberty, which, upon all the juft principles of Toleration, they are entitled to enjoy ? For to thefe principles, after all, the appeal muft be made ; and if they Ptintiples of Toleration, &c. Si they are again brought before the mind of the Teadef, the repetition, cannot, with rea- fon, be blamed. Gentlemen who know not how to difpute their truth, and yet are un- willing to admit their plain confequencesj may, to evade the force of them, be in hafte to fay, " 'tis needlefs to urge them they are " admitted; but they are mifapplied." * But when all, which is owned to be indifputable in the right' of private judgment, (which has generally been thought to include a right of publick worfhip, according to that judg- ment) feems to be reduced y to tlie bare pof- feflion of that inward conviction',- to which *' no power of government can extend,'" and for which it is needlefs to fupplicate even " in an arbitrary ftate ; " is- there not a caufe to have reco.urfe to them ? When defiring not. to be criminals in the eye of the ftate, till fome real offence againft that ftate, (which not profefling an agreement with the articles- of the national church can never be,) is pro- ved upon them : when this, I fay, is unfairly confounded with " a pretended right to ex- " empt certain publick acts, " univerfally, ffor this word mud be underftood, though it is not exprehed,) from the cognizance of the civil power ; can inculcating the principles of Toleration, in tlvefe circumftances, with any reafon be thought needlefs ? If the M right >' Letter, p. 24, 2;. 82 An Enquiry into the true right of the governors of the ftate, or of the churchy to " prevent the opinions of private " men from ciafhing with fuch of the efta- " blifhed doctrines as are fundamental ; " * that is (for this is, in fad, the cafe) which they think fundamental, u fo long as it can be " done ^without violence - % " if thisy I fay, be, urged as a plea for continuing laws in force, which, i they operate at all, muft have fqme degree of violence in their operation ; every man is left to judge, whether to lead the thpuglits of men back to the true, grounds of religious liberty, does not become highly neceffary. Nor can it, with any rea- fon, be faid, th,ey are mifapplied, * The iafety of the ftate, and the principles of Toleration, it is allowed, are in perfect confiftence with each other. The bounda- ries, which determine the right exercife of power on the one hand, and of liberty on the other^ are to be marked out with an impartial view to both thefe important points. But the. fafety of the ftate can never be- rightly pretended as a reafon for laws in- confiftent with the clear dictates of juftice and humanity. And. that the fafety of the itate is at all concerned in fubfcription to a number of articles, fome of which are owned to be fuperfluous, b to have been in- ferred to reconcile the predeceilors of the diflenters 2 Letter, p. 28. * Ibid. p. 18. b Ibid, p. 46. Principles of Toleration, &c. 83 diffenters to the church, and are hbw not confidered as important ; the diffenters never did admit, neither do they yet admit it. They think they may add, with reafon, that the largeft degree of Toleration which they have folicited, carries nothing in k e incompati- ble with any fecurity, which the eftablimed church can equitably defire , and believe, that if they declare they, cannot yet fee the manifeft impropriety of their recjueft, d it will be no impeachment of their understand- ing- Whether the general character and deport- ment of the diffenters have given. any' juft oc- cafion for them to be efteemed unworthy of the liberty which they have afked, is chear- fully left to the judgment of all who are dif- pofed to judge candidly. Their loyalty has been acknowledged in the moft publick man- ner. With refped to their zeal for liberty, and the fupport of the conftitution, if we are rightly informed, they have been honoured with the fingular, and perhaps not wholly unmerited applaufe, of having been, in fome ieaibns, almoft the only deadfall adherents to that glorious caufe. For their zeal for the honour of chriftianity, and their merits as advocates, in behalf of it, they prefume they may chearfully turn themfelves to the reverend the clergy of all orders, as their M 2 fa- c Letter, p. 54. d Ibid. p. 14. $4 An Enquiry into the true favourable judges. From the fame, refpect- able body, they doubt not but they may hope to receive an honourable teftimony to the application, learning and fagacity, with which many among them have devoted their abilities to the illuftration of the facred wri- tings. Jt has been urged againft them, that {hey are an intolerant feet. They own, with- out hefitation, that time was when too many, who paffed under their denomination, wpre juftly chargeable with this fpjrit -, and, with as little hefitation they confefs, it was a reproach to their predeceflbrs that they were fo. But it was the common error of t,he age. Numbers of their brethren of the eftablilhment, were once liable to the fame objection. But they have, in general, re- nounced their error, and thinly their affuranr ces of this ought to be helieved. The dif- fenters have long fince, and umyerfally, done the fame'; and hope they may, with equal reafon, expect to have credit given them for the truth and reality of their repentance, For reafons, which have often been laid be- fore the world, they decline conftant and entire conformity to the worfhip of the eftablifhed church \ but the juftice, which they have been always ready to do to the writings of her members, and to the piety, learning;, and eminent attainments of her clergy ; the zeal and refolution, with which they Principles of Toleration, &x. 85 they have, in very criticial and hazardous feafons, joined with their fellow fubjefts, in withflanding attempts, which were made for her deftruction ; and the felf-denying fteadfaft- nefs, with which they have refufed to con- cur in meafures, which they apprehended were concerted with defigns unfriendly to their proteftant brethren, even at a time, when too many of thofe brethren difcovered not the kindeft difpofition to them : all thefe are convincing tokens, that though they dif- fent, they do it not only with charity, but with high efteem. The general tenor of their deportment, towards the clergy and laity of the national church, they prefume, gives a new proof of their being filled with thefe fentiments. Let it not be faid, they make a merit of this. They take a plea- fure in owning, that great numbers of their brethren of the eftablifhment, and thofe, perfons of rank and eminence, have given them a pattern of moderation and gentlenefs, which it was their duty and praife to imi- tate, and treated them with an' affability and good nature, fufficient to make impreflions on hearts, far lefs fufceptible of friendly fentiments than thofe, which, it is hoped, are commonly lodged in the bofoms of dif- fenters. But this may be faid with great truth, that the diffenters have had no ex- ample of this kind fet before them, but what S6 An Enquiry into ihe true what they hare been earneftly defirous to follow , and have received no marks of be- nevolence and friendship, but what they have always been folicitous to return, in the moft ample manner, which has been in their power. And though, from their late appli- cation to parliament, occafion has been ta- ken to introduce oblique charges of viru- lence and hatred ; e and the relief, which they afked, has had the furprizing complaint made of it ; f that it " could only anfwer " the purpofe of manifeftirig to the world," that they " were indilpofed to tolerate " their brethren, " as an eftablifhment : " they de- lerve to have a much milder fentence paf- fed upon them. Their minifters, in particu- lar, upon whom thefe intimations are like chiefly to fall, are men of a better fpirit : men, who would have rejoiced to clofe breaches* rather than to widen them ; and who, when they have reflected upon the character of many of the clergy, whofe abi- lities they efteem, whofe learning they Value, and whofe virtues they honour, have filently lamented, that there fhould be fuch a wall of partition remaining, to keep them and their brethren aiunder. They have the fatis- fa&ion to obferve, that the gentleman him- jfelf, from whom thefe expreflions are taken, ]n other parts of his pamphlet, fpeaks in milder c Letter,- p. 56, 58. f Ibid. p. 58. Principles of Toleration* &c. Sy milder terms of them. He owns, indeed, the merit of feveral among them, with a politenefs, which entitles him to their molt refpe&ful acknowledgments ; and makes it rather furprizing how difpofitions fo oppo- fite to thofe, which really influence them, and views fo diftant from thofe, # which were the true fprings of their application, could be imputed to them. One thing more remains to be confidercd ; which is, the declaration which the diflenters offered, inftead of the fubfcription, now re- quired, by law. And forry I am that there ihould be any oecafion to vindicate this from objections , and much pleafure would it have given me to have fpared fome animadver- iions, which, by the exceptions made to this part of their conduct, are rendered unavoidable. The declaration, as it ftands in the bill, prepared for the relief of the diflenters, is this. 7, A. B. do declare* as in the prefence of Almighty God, that I believe that the Scriptures of the Old and New Tejta- ment contain a revelation of the mind and will of God , and that I receive them as the rule of my faith and pratlice. g The reflections which the author of the letter to the dif- ienting minifters makes, upon this declara- tion, arc thefe. " You offer to fubfcribe to ** the Holy Scriptures, as containing a re- " velation * The cafe of the diflenters, p. 60, 6i. 83 Ah Enquiry into the true " velation of the mind and will of God> " and being the rule of your faith and " practice. You know full well, gentlemen, " that there is not an error, however ob- " noxious to chriftians, or however fubverfive " of civil fociety, which may not be cover- *' ed, under the cloak of this fubfcription. " Need I tell you, that tranfubftantiation, " purgatory, invocation of faints, idolatry,- " murthers, rebellions, and almoft every evil " work, have been drawn from mifinterpre- " tations of fcripture ? Had you refufed all " fubfcription, the ftate had been full as " fecure as in the offer of one fo very un- " fatisfactory and indeterminate. It had, " really, the appearance of trifling with the " legiilature, which, as you could not intend " it, had, at beft, the appearance of pre- " fuming upon their total inattention to mat* " ters of this fort, or upon their taking " them very fuperficially into confiderati- on." h In the twenty eighth page of this pam- phlet, " an eminent writer " among the dif- femers, is charged with carrying his idea of liberty, quite to a mocking extreme. Shock- ing is a ftrong term, and were it to be re- turned upon this gentleman, on account of the length to which he is carried, by his zeal for fubfcription to human articles, he might R Letter, p. xc, ) i. Principles of Tokratisn, &c. 89 might pofiibly complain. But certainly ir. may be faid, that he has, in this palTage, made ufe of cxprefiions, which the calmeft, mod difpafiionate perfon, cannot read with- out emotion*. Could it have been expected, indeed, that an author, whofe performance exprefles fo much of a concern for chrifti- anity and proteflantifm, would have allowed himfelf in fuch degrading language as this, concerning a folemn declaration of cordial aflent, to the whole body of the facred wri- tings ? Is that doctrine, which is according to godlinefs , ' that icripture which the apoftle declares, to be " profitable for doe- " trine, for reproof, for correction, for in- " ftruction in righteoufnefs, that the man of " God may be perfect, thoroughly furniflied " unto all good works, " k fo loofe, defec- tive and indeterminate, " that there is not an error, how obnoxious foever, or however fubverfive of civil fociety, but what may be covered under the cloak of fubfeription to it ? " ' When it is the acknowledged defign of the whole tenor of the books of the Old and New Teftament, to eitablim the worfhip of the only 'living and true God, and to teach men to deny all ungodlinefs and worldly lufts : m can the ferious profefTion of our owning them, as the rule of our faith and N pra&ice, 1 I Tim. vi. 3. ,: 2 Tim. iii. 1 3. 1 letter, p. 10, II. m Titus, ii. i?.. 90 An Enquiry into the true practice, be juftly fuppofed to contain in it, no affurancc of the orderly, virtuous deport- ment of thofe who make it ? When we find this revelation of the will of God declaring, in the moll expreffive terms, that neither idolaters, nor adulterers, nor thieves, nor drunkards, nor revilers, nor extortioners, mall inherit the kingdom of God *, is the language of it fo indeterminate and void of force, that it places no effectual guard againft thofe enor- mities r* Becaufe it may have happened, that tranfubftantiation, purgatory, invocation of faints, idolatry, and other errors and evil works, have been fheltered under mifmterpre- tations of fcripture -, are the words of it to be fuppofed fo deftitute of clearnefs and precifion, as to give no fufficient pledge to govern- ment, for the good behaviour of thofe who own their divine authority ? Or would the refufal of all fubfcription, which might have left it uncertain whether perfons acknow- ledged any religion at all, have made the ftate full as fecure as the profeflion of thofe principles, which carry in them every awful reftraint from evil, and every powerful mo- tive to good actions, which can be prefented to the human mind ? If this declaration is not an adequate iatisfaction to the legifla- ture, what iatisfaction can the fubfcription required by the act of Toleration be ? Men of franrick, enthufiaflick minds, may abufe every Principles of Toleration, 6cc. 91 every thing. Men of difhoneft and infin- cere hearts may, and will, fubferibe any thing ; take any oaths, conform to any teft, which human policy can invent : and no articles, were they to be diverfified and ad- j ufted to the exigencies of the times ever fo often, and encreafed till they equalled the mod voluminous confefllon, which ever ex- ifted, will be fufficient to bind them. All thefe fecurities muft imply common fenfe and integrity, in thofe who give them, to make them of the leaft avail : and if this gentle- man allows, as he profeflfes to do, (and, I doubt not, with fincerity,) that the petitioning minifters have fome right not to be account- ed deftitute of either of thefe qualities ; he will, it is hoped, upon fecond thoughts ac- knowledge, that the fecurity, which they of- fered, in their propofed declaration, was nei- ther trifling nor fallacious ; but as determi- nate and perfectly adapted to prevent every doubt, which the rulers of a date can rea- fonably entertain, as any of which they could poflibly have made a tender. The legiflature has indeed already, in effect, accepted it as fufficient, in the cafe of the quakers ; for excepting the eftablifhed doctrine of the Trinity, (which, however true it may be in itfelf, and how important foever in a theo- logical view, makes the reftraints of the gof- pel upon immorality and difobedience to go- N 2 vernment, '92 An Enquiry into the true vernment, no more precife and. determinate than the arian or foeinian doctrine of it -, ) they are only required to profefs their belief in the infpiration of the fcriptures. And, if the ftate be fecured by this declaration from them, why mould more be neceffary for this purpofe from other proteftant diflenters ? n To If this writer fhould fay, that by giving fatis- fadtion to the ftate, he means declaring an appro- bation of fuch merely religious opinions, as the go- vernment has thought fit to take into the national church, he has exprefled himfelf ambiguoufiy, and not very properly. All, which is understood by fecurity to the ftate, in the common acceptation of the words, and all, which the ftate can, in reafon require, is, fufficient affurance that men will behave as peaceable members of fociety, " pay tribute to whom tribute, " cuftom to whom cuftom, fear to whom fear, and " honour to whom honour is due ; " and be faithful and bear true allegiance to thofe, who rule ever them. But there is a much greater' imperfeilion than mere impropriety, in making an affent to the dcclrincs cf an eltablifhrncnt a neceffary part of the fatisfadion due to the ftau- ; for it implies, that the magiftiate has a right to enforce his own fenfe of fcripture, by penalties, on thofe, who do not acquiefce in it. Whe- ther this be the meaning of this author I will not pretend to affirm j but it ought not to be his mean- ing. A writer, who has expreft'ed himfelf with fuch lauiable indignation, againft the fhare, which Calvin had in the death of Servctus, has not left himfeif at liberty to be an advocate for reftraining a diiTent, from the eilablifhcd faith, even by the fmalleft puniihments ; which a fpirit of perfecntion will always be ready to change into greater, till it has accomplilhed the de- itruction of all, which ftarids in the way of its fury. Principles of 'Toleration, &c. 93 To employ many words in refuting other objections againit this declaration, fuch as, that it might be made by heathens, deifts, or mahometans, (and jews might as well have been added to the lift,) would be little better than trifling with the time of the reader. To acknowledge, that the facred fcriptures not only contain a revelation of the will of God, but that they are to be received as the rule of faith and practice, plainly im- plies, not barely that they contain truth, but fo far as it is to be learnt, from revelation only, all truth which we are bound to re- ceive on the authority of it. The obvious force of the expreflion is, not only that the Old and New Teftament are a ftandard, by which truth and error are to be judged, but that they are the only fupernatural ftandard, to which we are to have recourfe, for this purpofe. And how totally repugnant this is, to the principles of thofe who reject all revelation ; of thofe, who admit the autho- rity of Mofes, but reject that of Jefus ; or of thofe, who admit the divine million of Jefus, but fuperfede his Gofpel, by intro- ducing the pretended million of Mahomet, and contending for the Koran, as the rule of faith and practice ; is too plain to need enlargement. He indeed, who does not dif- cern it of himfelf, will lcarcely difcern it by the help of any arguments which can be of- fered 94 & Enquiry into the trut fered to him. The declaration, fairly inter- preted, equally implies the great principles of the Reformation, and is utterly jnconfiftent with thofe of Popery j and, whatever fufpici- ons might be entertained, from the compre- henfive nature of it, by fome perfons \ yet if the affair be impartially confidered, it will be found the only one, which, without coun- teracting their own views, and the avow- ed principles of their denomination, they could propofe. The dhTenters, it is well known, though not more widely diftant from each other, than many of thofe who, in the eflablifhed church, are acknowledged as her members, admitted to her communion, and advanced to the higheft preferments ; are very far from being uniform in their fentiments, concerning the controverted points of divi- nity. To have drawn, up, and offered par- ticular fubfcriptions, relating to any of thefe, therefore, would h^ve been excluding many of themfelves from the benefit d^fired. Could they have agreed in a confefilon, in which the majority would have united ; to have folicited relief only upon that footing, would have been grofly and indefenfibly partial. It would have been leaving the bur- then, and that probably with much aggravated weight, upon others, whom,, how far foever they may be from adopting fome of their te- nets, they think to have an equal right, up- on Principles of 'Toleration^ Sec, g% on every equitable principle, to Toleration with themfelves. But, above all, it would have been departing from that fundamental maxim, upon which they are proteftants and diifenters, stnd, by adhering to which, they think they fhall befl ferve the caufe of real ehriftianity ; that the words of God, and not the explications of fallible men, are the au- thentick tefts of truth and orthodoxy. The/ thought themfelves bound therefore, to offer no fubfeription, but to the facred writings ; and laudably fetting aftde all their internal diftinclions, agreed in this, as the only con- fident and catholick principle, upon which their caufe could be relied. Catholick and charitable, however, as their conduct to each other may appear; it is charged with' difcovering a different fpirit, towards thofe of the eftablifhment. It is 1 reprefented as confidering the confeflion of faith of the church of England, " as a " yoke or a burthen, too heavy to be borne ** by proteftants." To intimate this is ap- prehended to have a manifeft tendency to " diffolve the proteftant union ; and the * time, it is (aid may eome, when the dif- '* fenters will not regret, that they are ac- " knowledged by law, as members of the ** proteftant church." Do the remonftrants, in Holland, then, diflblvc the proteftant uni- on, Letter, p. 50, gS . An Enquiry into the true on, by rejecting fome articles of the Belgiek confeflion ? Or are they confidered by the ftates, as no part of the proteftant church, becaufe they are now difTenters, in points of doctrine, from the eftablifhed church of that republick ? With fubmiffion to this gentleman's better acquaintance . with thefe things* it is apprenended that true proteftant- ifm, and an attachment to scriptural chrif- tianity, are the fame thing \\ that to main- tain the fumciency and perfection of fcrip- ture, is what properly conftitutes a protef- tant ; that the agreement of thofe who firft bore the name, in feveral points which were maintained by the firft reformers, was merely accidental to the character ; and that all, who affent to the infpired writings, as the only rule by which chriftians are to be bound, re- tain their title to this honourable name. And, the more clofely they adhere to thefe facred oracles, and the more carefully they bring all confeflions and fyftems of opinions to them, as the touchftone, by which the va- lue of all human decifions in religion is to be afcertained, the more -confiftently and perfectly proteftant their behaviour deferves to be accounted. . But it is not only with a kind of apoftacy from proteftantifm, but want of a friendly ipirit to the eftabliihment, that the difTenters are charged for their late attempt. Succefs in Principles of Toleraiisn, &c. 97 in it, we are told, p would have " been but " the poor femblance of a triumph ; " perfift- ing in the attempt will be a caufe, it is faid, for confidering the diffenting minifters as men, who u to make their hatred to the " eftablifhment more effectual, are ready to " feize upon every favourable time and op- " portunity of manifefting it.'" 4 The ap- plication is taxed again, for it feems to be a favourable topick, with " implying a defire " to make a reconciliation more defperate " than ever : " r and granting the requeft, it is afferted, would have been declaring by a " new law, that the bond of union, " be- tween " his Majefty's proteftant fu ejects, " who are luppofed by law to makltain the ** fame chriftian doctrines, is broken. " s Per- fons of ability and refinement, may flrike many meanings out of any meafufe, which never entered into the hearts of thofe who engaged in it. But this meafure authorizes no fuch conftruction. It implies, it is true, that the preient diffenters have objections to fubfcribing to fome of the articles, which their predecellors had not. But this has been long known -, and petitioning not to be fub- ject to penalties, on that account, makes not the leait alteration in the cafe ; nor had the petition been granted, would it in the leall O have p Letter, p. 4.1. 1 Ibid. p. 58. r Ibid. p. 3S. Ibid. p. 22. 98 An Enquiry into the true have leffened the ties of affection, by which, it is hoped, thofe, who are of the eftablifhment, and thofe, * who diffent from it, would ftill have been bound to each other, as thofe who are " of the fame body, and partakers of the " fame promife in Chrift, by the gofpel." But ' let the cafe be as this gentleman has Hated it. What has rejecting the petition done towards preferving this union, for which he profefles himfelf fo folicitous ? It cannot be fuppofed to bring the judgment of the diffenters a ftep nearer to the articles than they were before ; and all thought of compelling per- fons to exprefs their approbation of them, contrary to their judgment, is what he ut- terly difclaims. Had the bill paiTed, it would have been a noble addition to the proofs, which the church of England has given of her moderation to diffenting proteftants ; and had the fathers of the church been zealous in promoting it, they would have erected MONUMENTUM AERE PERENNIUS tO their praiie. But rejecting the bill, has rather the appearance of excluding thofe, who decline fubfcription, from the number of thofe whom the eftablifhment choofes to acknowledge as brethren. Inftead of difcovering an unwil- lingnefs to part with them, it looks much more like a readinefs to caft them off, as unfit to be comprehended in that legal protection, which they were moved to feek, by no other principles Principles of Tokration y &c. 99 principles than a regard to their own fafety, and to the caufe of liberty ; and, on their application for which, a defire to fhow the leaft hoftile difpofitions to the members of the eftablifhment, had not the remoteft in- fluence. So far, in reality, are the diflenters in ge- neral, from being actuated by fuch motives as thefe, that the very reverfe of this is the truth. Senflble and moderate men, both in the eftablifhment and out of it, feem to be gradually moving on to a more open and friendly intercourfe with each other. Their fentiments on points which were formerly the fubjecl of much and warm controverfy, more generally coincide. The diftinction between the great end and efTentials of re- ligion, and the mere circumftantials which attend it, is better underftood and more ge- nerally acknowledged. But it unhappily falls out, that the nearer the diflenters approach in fome of thefe things, to a great part of the members of the eftablifhment, to the greater diflance they find themfelves removed from fome of the articles of it. The lefs diflike fome among them may retain to the mode of the publick fervices of the church, the greater objections they have to fome of the materials, which are incorporated with them i and thus, while fome circumftances might feem to prepare the way for a more O 2 perfed ioo An Enquiry into the true perfect union, there are others, which, as things are now fettled, raife up new and ftill ftronger obftacles to it : obftacles, which not even the example and authority of the great Chillingworth, x will enable them to furmount. The diffenters have always held the memory of that eminent man in the jufteft veneration. They think of him with peculiar fatisfaction, for the noble and fuccefsful ardour, with which he aflerted the fole right and authority of the facred fcrip- tures to command the aflent and fubmif- fion of chriftians : but they cannot implicit- ly give themfelves up to his judgment, and follow his example contrary to their fenti- ments. His practice, indeed, if we may credit the account given of his fubicription, by hands, which appear to be good, bears po fuch teftimony to the articles as iems to be collected from it. His own fenfe of it, as we are told by the author of his life, is exprelfed in thefe words : " I do verily " believe the church of England a true " member of the church catholick ; that fhe " wants nothing neceffary to falvation, and " holds nothing repugnant thereto." " And " I thought (he adds) that to think fo, had c ' fufEciently qualified me for a fubferipti- " on.' " Were this all, which is intended by 1 Letter, p. 52. u Free and candid Difquifit. p. 169. ed. 1749. Principles of Toleration, &c. 101 by fubfeription, the diffenters would have much lefs object ion to it than they have ; and it is reafonable to believe this applica- tion to parliament would never have been heard of. But by what competent authority has this ever been determined ? Bifhop Bur- net w fuppofes indeed, that this is all, which is implied in the communion of the laity with the church ; but, defirous as he was to foften the hard injunction of fubfeription, againft which he left his dying teftimony, * he could not apply it to the declaration re- quired of the clergy. I think it may be juftly doubted, whether this author himfelf will admit of this fenfe of fubfeription. Ex- pounded in this manner, it carries nothing more in it than what arians, focinians, or in a word any, who reject thofe articles of the church, which he confiders as fun- damental, may fubferibe, if they have but charity fufficient to acknowledge the belief of them confident with falvation. And with what juftice then could he imagine that the example of a perfon, who is be- lieved to have fubicribed only in this mean- ing, could be of any force to remove the fcruples of the diffenters concerning it ? Indeed till this gentleman, or fome other of the zealous advocates for fubfeription, have w Expofit. of the article*, p. 6. ed. 1720. * Concjufion of his hift. p. 624. vol. ii. folio ed. 102 ... An Enquiry into the true have more precisely determined the meaning and extent of it, the doubts, not only of thofe out of the eftablilhment, but of num- bers of thoughtful perfons in it, will con- tinue in all their ftrength. From the ftrefs laid upon it, by this writer at leaft, which is fo great that he treats releafing the dif- fenters from k, as an indulgence which might have been pernicious to the ftate, y (and by which, the chriftian religion itfelf might have been affected, z ) fuch as are unacquainted with what has been faid upon the fubjedt, might be led to fuppofe that the import of it was out of all diipute, and that it was allowed to be an indifputable affurance of affection to the doctrines of the articles. And yet there is fcarcely a point more controverted. Some contend earneftly, that hearty affent to them, in the fenfe of the compilers, is the neceffa- ry meaning of it ; and confider fubfcribing, in any other fenfe, as incapable of vindication, Other gentlemen, of great learning, think themfelves warranted in fubfcribing with greater latitude. Others have been defirous to confider the articles as articles of peace j and others may have views of the matter different from all thefe. While thefe difputes are left undecided, what great lecurity can fubfcriptions give to any church of the found- nefs of its minifters ? AYhile there is fuch a diyerfity K Letter, p. 58. - Ibid. p. tz. Principles of Toleration, Sec, 103 diverfity of opinions concerning the very act, which is required in order to prevent it ; who can wonder that the diffenters choofe to decline it, left they fhould have construc- tions put upon their conduct which they can- not admit, and from which they may be urged with conceflions, which they cannot al- low themfelves to make ? And they have the pleafure to fee, that, however the practice of the above mentioned eminent defender of the proteflant caufe may be quoted againft them, his principles may be quoted, and fpeak forcibly, very forcibly, for them : and fully juftify the fubfeription they propofed. So long as that memorable fentence (lands in his incomparable book j the Bible, the Bible only is the religion of proteftants, the diffenters will think they have a right to glory in him, as a patron of their caufe in their late application : efpecially when they join with it that noble motion of his, which is more appofite ftill to their pur- pofe: " Let all men believe the fcripture, ** and that only ; and endeavour to believe " it in the true fenfe, and require no more " of others ; and they fhall find this a bet- " ter means not only to fupprefs herefy, but " to reftore unity. For he that believes the " fcripture fincerely, and endeavours to be- " lieve it in the true fenle, cannot poflibly " be an heretick. And if no more than * this 104 dn Enquiry into the true " this was required of any man, to make " him capable of the church's communion, " then all men fo qualified, though they " were different in opinion, yet, notwith- from which the duTenters defire to be fhel- tered, muft be allowed to be indefenfiblc The truth of the one, and the juft ice of the other, cannot ftand together. If one of thefe oppofttes muft be parted with, it is eafy to fee which is the better, more chriftian choice. And could the author of this pam- phlet imagine, that it would ever rife to the notice of thofe in fuperior rank ; he would beg leave, with all the deference which be- comes him, to fubmit it to their ferious con- iideration, whether, as it is a matter of con- fcience with them not haftily to admit requefts for the extenfion of religious li- berty *, it ought not alfo to be matter of con- science not caufelefsly to reject them. In the nervous language of a late prelate, of diftinguifhed eminence, " if it is not. very " right to punifh men for their opinions -, " there is no medium , it muft be very " wrong. " { The ftatutes, which authorize iuch a practice, muft be fubjecr, to the fame- alternative. If they are not very just, they muft be very unjust. And if this be their only true denomination, it can fcarcely bear a doubt, what ought to be determined con- cerning f Difficulties and difcouragements which attend the ftudy of the {captures, p, 25. 9th edit. Principles of Toleration, Sec, 109 cerning them. Certainly it can never be unworthy of the equity, clemency and wif- dom of government, to fhut the door which is ftill left open for their being made in- ft rumen ts of opprefiion ; and entirely take away the power, which they always give, and the temptations, which they may some time offer, to perfons of bad difpofitions, to injure men of integrity, virtue and piety. Whether fuch an happy alteration, with refpect to thefe laws, will be the confequence of the farther attempt, which the diffenters are now making to obtain it -, they muft leave to the wifdom of the great council of the king- dom, (to whom their defires are again, with all deference, fubmitted) to determine. And, if the diffenters humbly apprehend, that there is no impropriety in the repetition of their re- queft ; what is there culpable in this apprehen- iion ? So far as the fenfe of the legiflature was concerned, the queftion was left undecided ; and, upon all the principles of reafon and equity, there was ample room left for them to apply for a rehearing of their caufe. The honourable houfe of Commons allowed the juftice of their requeft; and bore teftimony to it in a manner, which will remain an evi- dence in favour of it, as long as the me- mory of the tranfa&ions of parliament mall endure. Nor can it, they apprehend, be deemed an inftancc of the leaft want of that regard no An Enquiry into the true regard, which they always defire to retain for that illuftrious affembly, in which their petition was not viewed in the fame advan- tageous light; that the diffenters, a fecond time, prefume to fubmit their requeft to the noble perfons, who before rejected it, with full reliance on their willingnels again to honour it with their impartial, deliberate attention. Among fuch as, inftead of bring- ing law to reafon, bring reafon to law, and haftily conclude, that whatever is done legally, is done juftly ; the diffenters are fenfible they may have many prejudices raifed againft them. But this age and kingdom abound with per- fons, who are placed far above the reach of all fuch impreffions -, " who are men of re- " fined and exalted understandings, who have " a large compafs of thought, and have " looked into the principles of things. Thefe " know, that written laws are but deducti- " ons from the law of nature, which is prior 4C to all human inftitutions ; that thefe fome- " times deviate from that unwritten law ; " and, when they do, are of no real, intrin- " fick authority. They know, that a thing " is not juft and reafonable, becaufe it is " enacted ; but, in good governments, is " enacted becaufe it is juft and reafonable." h And it is with great fatisfaction that the dif- h Difnculues and difcouragements, &c. p. 25. oth edit. Principles of toleration, &c. in diffentefs reflect, that it is before perfons of this clafs that the caufe, which they have fo much at heart, is to be reviewed. With men of this truly elevated fpirit, they may juftly hope they mall obtain a candid audience ; and they cannot but be confirmed in the hope, when they turn their thoughts to that truly refpectable band of worthies, who have, already, in this queflion, rifen up and avowed their caufe : perfons, great in their rank, and by the trufts repofed in them , great in their abilities, and the re- putation, with which they have filled up high and important ftations : but great above all in this, that, though connected by no ties of party, nor united by any views of inte- reft , yet, when the venerable form of truth appears before them, they with one accord refort to her, and range themfelves under her banners. Many fuch, the difTenters are fatis- fied, there are alfo among thofe, who were not inclinable, when this affair was firft pro- pofed, to favour their caufe : nor can they relinquifh the hopes, which they entertained, that, when once thofe fears were fubfided, and thofe mifapprehenfions removed, which prevented the real ftate of their cafe from being feen in its true light ; they mould have the pleafure and honour of numbering thefe truly refpectable perfons among their friends alfo. But, however thefe hopes may be H2 An Enquiry into the Principles ', &c. be anfwered, or difappointed 5 there is one fatisfaction, which they will always enjoy ; that the views, by which they are anima- ted, are fuch as, inftead of deierving to be condemned, are worthy to be applaud- ed. It is not the intereft of a party ; but of chriftian liberty, truth, and cha- rity, which they are labouring to ferve ; and, however fome perfons may attempt to fet thefe interefts at variance, nothing is more certain than, that they will all be found ul- timately to coincide with each other ; and that the greater regard is paid to each, in its feafon, the fwifter advances will be made, to that defirable ifTue, which is the hope, and wifh of the diffenters, (and in which every good heart will concur with them, ) that BROTHERLY LOVE MAY CONTINUE j that all thofe remains of jealoufy, which have of- ten defeated noble deligns, for promoting the caufe of truth and peace, may be more com- pletely taken away ; that zeal for the advance- ment of genuine chriftianity may temper all inferior views -, and that all may increafe in their defire, with one heart and one MOUTH, TO GLORIFY God, EVEN THE FA- THER of our Lord Jesus Christ. APPEN- [ "3 3 APPENDIX. IN the courfe of writing the foregoing Treatife, feveral points occurred to the Author befides thofe confidered in it/jwnich, though they appeared to him not unworthy of attention, he did not then choofe to en- large. Farther thoughts upon the fubject having led him to alter his judgment, in this refpecl, the fubftance of his reflections, Upon thefe and fome other Heads is added in this and the following pages. Note I. Page 17. line 24. " There is no difficulty " in difcerning, that while I am fpeaking " in this manner, &c." As it has been apprehended, by a judicious friend, that what is faid in this paragraph, though it is allowed to be a fufficient anfwer to the objection propofed in it, will fcarcely be feen to be fo, by fome perfons, without farther explication ; it may not be amifs to ftate the whole affair a little more diilindUy ; that the miitake of the objection, and the force of the reply to it, may be the more eafi- !y underflood. Q The ii 4 APPENDIX. The obje&ion, in fhort, is this ; that if the mi- giflrate has no right to lay reflraints upon confci- cnce, as fuch, wherever a plea of confcience inter- venes, his authority is at an end : that, as he can be no judge of men's hearts, whether this plea be real, or pretended, the efFecl which it will have upon his jurifdidtion, will be the fame : and that the greateft crimes, by being fheltered under this excufe, may be committed with impunity. The inflances, in which this inconvenience may be fuppofed to arife from liberty of confcience, may, I prefume, be ge- nerally reduced to one of thefe cafes. The cafe of perfons, who think themfelves bound to ufe force for the propagation of what they apprehend to be truth. The cafe of thofe, whofe principles lead them to judge, what are commonly thought vices hurtful to fociety, to be innocent, and what may be indulged without fcruple. Or, laftly, the cafe of thofe, who are fo unhappily milled as to incor- porate things hurtful to fociety into their religion, and account it their duty to praftife them. Thefe cafes will, in fome cirCumftances, perhaps, run one into another; but it is proper to mention them diilindUy : and a few words, it is hoped, will make it appear, that the principles, here eftablifhed, nei- ther lead to thefe evils, nor take away the power of the magiflrate to reftrain them. As to the firft of thefe cafes ; that allowing every man a right to think for himfelf in matters of reli- gion can never authorize perfons to offer violence to others, for differing from them in religion, is felf evident ; for to affirm that it would authorize them in this, is the fame abfurdity as faying, that to affert a right is giving power to take away that right. That any man fhould ever attempt to ufe compulfion in religion upon the principle of every man's having a right to think for himfelf, is, at leafr, a moral im- poffibility, if it is not a natural one. For to allow that APPENDIX. u 5 that every man has a right to judge for himfelf, in matters of confcience, is allowing, almoft in exprefs terms, that confcience is not to be forced ; and that a man mould ever lay this down as the foundation, upon which he attempts to force confcience, is in- conceivable. In order to juftify himfelf in fuch a conduct, he muft go upon a dire&ly oppofite prin- ciple; and maintain that all men have not a right to judge for themfelves, but that fome others have a right to judge for them. If any doubt then can remain upon this head, it muft be this ; why a per- fon who thinks himfelf authorized to impofe his fentiments on others, fhould not be fuffered to aft according to his judgment, as well as others be fuffered to ail according to theirs ? But the anfwer is obvious, and arifes almoft inftantaneoufly out of the premifes here mentioned : viz. becaufe his fol- lowing his judgment, in this cafe, is deftrudtive of all the right, which others have to follow their judgments; becaufe the liberty, which he takes, is breaking in upon that liberty, which ought to be preferved in the fame extent to all ; and becaufe no imaginary right, which he may arrogate to himfelf of obliging others to be directed by his judgment, can annul the real rights of others to be guided by their own. Every attack, which he makes upon their perfon, liberty or eftate, for this purpofe, is an in- jury, which comes within the limits of the civil power ; and which the magistrate is not only allowed, but is, by virtue of his office, obliged to reftrain : for conniving at thefe als of injuftice in fome, would be a breach of his truft in behalf of others. In- deed to imagine that becaufe men have a right to be protected in adling for themfelves in religion, while they offer no injury to their fellow fubje&s, therefore they muft have a right to be protected, when they do offer injuries to them ; is as idle as in fuppofo, that becaufe perfons have a right to be O ?. fafe n6 APPENDIX. fafe in pafling peaceably and incffenfively along the publick road, they have alfo a right to be unmo- lefted, when they infult, and plunder all who fall in their way. The fame reafoning, only a little varied in the application of it, will entirely remove this objection alfo in the fecpnd cafe. Fraud, robbery, perjury, and other crimes of the like nature, are dire&Iy repugnant to all the effential and acquired rights of men. Immoralities of other kinds, are a&s of injuftice to individuals, and fubverfive of the welfare of the publick. When inftances of them occur, there- fore, the magiftrate has again a right to interpofe; and, upon the very fame principles, to correft them : nor can this right be controuled by any pleas of confcience, whether real or fictitious, which may be advanced in excufe for them. The nature and con- fequences of the injury are what properly comes under his infpeftion ; and not the inward fentiment. The violations of the rights of fociety and the mem- bers of it, are the evils, againft which he is to guard ; and, wherever thefe are to be found, he has a proper and direft authority to check them by fuch penalties, as their malignity, and the circumstances attending them, require. To enter into a particular consideration of the third cafe, after what has been faid, would be tedi- ous. Every intelligent reader will carry on to it, the obfervations, which have been already made ; and the folution of it will be the fame. Religion muft be the refult of convi&ion ; and every man muft, therefore, have a right, and is under an obli- gation, in proportion to his abilities, to judge for himfelf in the choice of it. But if his judgment fhould unhappily lead him to make any thing a part of his religion, which is injurious to others, and contrary to the fundamental laws of fociety ; he fo far ftill falls under the animadverfion of the magi- strate. APPENDIX. u 7 /Irate* But then, it muft always be remembered, that it is not becaufe the magiftrate has an authority to diftate to confidence, that he is thus warranted ro interpofe ; but becaufe the rights of others, whom he is equally called to defend, are infringed ; and the fafety of the civil fociety, over which he is to watch, is ftruck at. He a^s not as the di&ator to his fubie&s in fpirituals, but as the guardian of their temporalities, and the impartial proteclor of their civil and religious liberties. By attending to this obvious diflinttion, the rights of confcience and the real rights of government will both be preferved ; and the pernicious extremes of calling either in quef- tion will be avoided. Religious liberty will be kept from running into licentioufnefs ; civil authority be preferved from degenerating into tyranny ; and the eonclufion, which has been already drawn from the whole, may be fafely admitted ; that as no man can derive from his right to follow his own con- viftion in religion an authority to infringe the rights of others ; fo, while he keeps clear of this, it " muft " always remain entire to him ; nor, while princi- " pies of the mod reafonable liberty are allowed to " fubfift in their due extent, can any attempt be " confidently made to take it from him." f j- Page 17, of this Efliy. Note II. P. $j. 1. 26". " What, but to join in u placing it on a more enlarged bafis, and " procuring for thofe who requeft it, &c." So much has been already faid, in this pamphlet, to cftablifli this title of good fubjeils to religious liberty, that it is prefumed, in what follows, it may be confidered as a principle, from which the diffenters may fairly reafon, as often as occafions for having n8 APPENDIX. having recourfe to it may offer themfelves. It may be proper, however, to obferve here, that the very adl of Toleration, the imperfe&ion of which has been the fubjett of fome of the foregoing pages, carries in it a legal acknowledgment of the right under confideration. A writer of diftinguifhed abilities, in what has been commonly called the Bangorian con- troverfy, aflerts indeed, as I find him quoted by Bilhop Hoadly, " That the legiflature knows no reli- *' gious rights, but what are contained in the efta- ' blifliment of the church of England." What ufe was intended to be made of this affertion in that part of the controverfy, which gave occafion for them, it is not to our prefent purpofe to enquire : and that, before the Revolution, the Legiflature knew of no religious rights, but fuch as this writer men- tions, is very willingly admitted. It was the very grievance, of which the nonconforming, in the reigns preceding that important event, complained; that liberty of confcience, as far as law could de- prive them of it, was entirely taken from them. But, at the time when the writer referred to ad- vanced this afiertion, it had been long contradicted by the voice of law. The parliament, which pafled the aft of Toleration, plainly fuppofed thefe rights as the foundation, upon which they refted the fitnefs of that law ; and herein all the fincere approvers of it mull concur with them. For as the excellent author, from whom I take this account of the affertions of his celebrated antagonift, juftly argues : * * f This either was the right of the diflenters, or it " was not. If it was not, then the legiflature " granted them what they had no right to, and "* acled a piece of injuftice to the eftablilhed church. ** But if it was their right, then here is a right, " and this a religious right, reftored by the means v of the Revolution, diftintt from all thofe religious