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FRAGMENTS AND NOTES

OF

SPEECHES.

SPEECH

ON THE PETITION, WHICH WAS PRESENTED TO THE HOUSE OF COMMONS, FROM CERTAIN CLERGYMEN OF THE CHURCH OF ENGLAND, AND FROM CERTAIN OF THE TWO PROFESSIONS OF CIVIL LAW AND PHYSICK, AND OTHERS; PRAYING TO BE RELIEVED FROM SUBSCRIPTION TO THE THIRTY-NINE ARTICLES, AS REQUIRED BY THE ACTS OF UNIFORMITY.

MR. SPEAKER,

I SHOULD not trouble the house upon this ques-mosities, which had slept for a century, had not tion, if I could at all acquiesce in many of the been just now most unseasonably revived. But arguments, or justify the vote I shall give upon if we must be driven, whether we will or not, to several of the reasons, which have been urged in recollect these unhappy transactions, let our mefavour of it. I should indeed be very much con- mory be complete and equitable, let us recollect cerned if I were thought to be influenced to that the whole of them together. If the dissenters, as vote by those arguments. an honourable gentleman has described them, have formerly risen from a "whining, canting, snivelling generation," to be a body dreadful, and ruinous to all our establishments, let him call to mind the follies, the violences, the outrages, and persecutions, that conjured up, very blamably, but very naturally, that same spirit of retaliation. Let him recollect, along with the injuries, the services, which dissenters have done to our church and to our state. If they have once destroyed, more than once they have saved them. This is but common justice, which they and all mankind have a right to.

In particular, I do most exceedingly condemn all such arguments as involve any kind of reflection on the personal character of the gentlemen who have brought in a petition so decent in the style of it, and so constitutional in the mode. Besides the unimpeachable integrity and piety of many of the promoters of this petition, which render those aspersions as idle as they are unjust, such a way of treating the subject can have no other effect than to turn the attention of the house from the merits of the petition, the only thing properly before us, and which we are sufficiently competent to decide upon, to the motives of the petitioners, which belong exclusively to the great Searcher of hearts.

We all know, that those who loll at their ease in high dignities, whether of the church or of the state, are commonly averse to all reformation. It is hard to persuade them, that there can be any thing amiss in establishments, which by feeling experience they find to be so very comfortable. It is as true, that from the same selfish motives those, who are struggling upwards, are apt to find every thing wrong and out of order. These are truths upon one side and on the other; and neither on the one side or the other, in argument, are they worth a single farthing. I wish therefore so much had not been said upon these ill-chosen, and worse than ill-chosen, these very invidious topicks. I wish still more, that the dissensions and ani

The persons associated for this purpose were distinguished at the time by the name of 'The Feathers Tavern Association,' from the place where their meetings were usually held. Their petition was presented on the 6th of February 1772; and on a VOL. II. 2 H

There are, Mr. Speaker, besides these prejudices and animosities, which I would have wholly removed from the debate, things more regularly and argumentatively urged against the petition; which, however, do not at all appear to me conclusive.

First, two honourable gentlemen, one near me, the other, I think, on the other side of the house, assert, that, if you alter her symbols, you destroy the being of the church of England. This, for the sake of the liberty of that church, I must absolutely deny. The church, like every body corporate, may alter her laws without changing her identity. As an independent church, professing fallibility, she has claimed a right of acting without the consent of any other; as a church, she claims, and has always exercised, a right of reforming whatever appeared amiss in her doctrine,

motion that it should be brought up, the same was negatived on a division, in which Mr. Burke voted in the majority, by 217 against 71.

her discipline, or her rites. She did so, when she shook off the papal supremacy in the reign of Henry the VIIIth, which was an act of the body of the English church, as well as of the state (I don't enquire how obtained). She did so, when she twice changed the liturgy in the reign of King Edward, when she then established articles, which were themselves a variation from former professions. She did so, when she cut off three articles from her original 42, and reduced them to the present 39; and she certainly would not lose her corporate identity, nor subvert her fundamental principles, though she were to leave ten of the 39, which remain, out of any future confession of her faith. She would limit her corporate powers, on the contrary, and she would oppose her fundamental principles, if she were to deny herself the prudential exercise of such capacity of reformation. This therefore can be no objection to your receiving the petition.

In the next place, Sir, I am clear, that the act of union, reciting and ratifying one Scotch and one English act of parliament, has not rendered any change whatsoever in our church impossible, but by a dissolution of the union between the two kingdoms.

The honourable gentleman, who has last touched upon that point, has not gone quite so far as the gentlemen who first insisted upon it. However, as none of them wholly abandon that post, it will not be safe to leave it behind me unattacked. I believe no one will wish their interpretation of that act to be considered as authentick. What shall we think of the wisdom (to say nothing of the competence) of that legislature, which should ordain to itself such a fundamental law at its outset, as to disable itself from executing its own functions; which should prevent it from making any further laws, however wanted, and that too on the most interesting subject that belongs to human society, and where she most frequently wants its interposition; which should fix those fundamental laws, that are for ever to prevent it from adapting itself to its opinions, however clear, or to its own necessities, however urgent? Such an act, Mr. Speaker, would for ever put the church out of its own power; it certainly would put it far above the state, and erect it into that species of independency, which it has been the great principle of our policy to prevent.

The act never meant, I am sure, any such unnatural restraint on the joint legislature it was then forming. History shews us what it meant, and all that it could mean with any degree of

common sense.

In the reign of Charles the First a violent and illconsidered attempt was made, unjustly, to establish the platform of the government, and the rites of the church of England, in Scotland, contrary to the genius and desires of far the majority of that nation. This usurpation excited a most mutinous spirit in that country. It produced that shocking fanatical covenant (I mean the covenant of 36) for forcing their ideas of religion on

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England, and indeed on all mankind. This became the occasion, at length, of other covenants, and of a Scotch army marching into England to fulfil them; and the parliament of England (for its own purposes) adopted their scheme, took their last covenant, and destroyed the church of England. The parliament, in their ordinance of 1643, expressly assign their desire of conforming to the church of Scotland as a motive for their alteration.

To prevent such violent enterprises on the one side or on the other, since each church was going to be disarmed of a legislature wholly and peculiarly affected to it, and lest this new uniformity in the state should be urged as a reason and ground of ecclesiastical uniformity, the act of union provided, that presbytery should continue the Scotch, as episcopacy the English, establishment, and that this separate and mutually independent church-government was to be considered as a part of the union, without aiming at putting the regulation within each church out of its own. power, without putting both churches out of the power of the state. It could not mean to forbid us to set any thing ecclesiastical in order, but at the expence of tearing up all foundations, and forfeiting the inestimable benefits (for inestimable they are) which we derive from the happy union of the two kingdoms. To suppose otherwise is to suppose, that the act intended we could not meddle at all with the church, but we must as a preliminary destroy the state.

Well then, Sir, this is, I hope, satisfactory. The act of union does not stand in our way: but, Sir, gentlemen think we are not competent to the reformation desired, chiefly from our want of theological learning. If we were the legal assembly *

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If ever there was any thing, to which from reason, nature, habit, and principle, I am totally averse, it is persecution for conscientious difference in opinion. If these gentlemen complained justly of any compulsion upon them on that article, I would hardly wait for their petitions; as soon as I knew the evil I would haste to the cure; I would even run before their complaints.

I will not enter into the abstract merits of our articles and liturgy-perhaps there are some things in them, which one would wish had not been there. They are not without the marks and characters of human frailty.

But it is not human frailty and imperfection, and even a considerable degree of them, that becomes a ground for your alteration; for by no alteration will you get rid of those errours, however you may delight yourselves in varying to infinity the fashion of them. But the ground for a legislative alteration of a legal establishment is this, and this only; that you find the inclinations of the majority of the people concurring with your own sense of the intolerable nature of the abuse, are in favour of a change.

If this be the case in the present instance, certainly you ought to make the alteration that is pro

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posed, to satisfy your own consciences, and to give do not like the establishment, there are an hundred content to your people. But if you have no evi- different modes of dissent, in which they may teach. dence of this nature, it ill becomes your gravity, But even if they are so unfortunately circumstanced on the petition of a few gentlemen, to listen to any that of all that variety none will please them, they thing, that tends to shake one of the capital pillars have free liberty to assemble a congregation of of the state, and alarm the body of your people their own; and if any persons think their fancies upon that one ground, in which every hope and (they may be brilliant.imaginations) worth paying fear, every interest, passion, prejudice, every thing for, they are at liberty to maintain them as their which can affect the human breast, are all involved clergy, nothing hinders it. But if they cannot together. If you make this a season for religious get an hundred people together, who will pay for alterations, depend upon it you will soon find it a their reading a liturgy after their form, with what season of religious tumults and religious wars. face can they insist upon the nation's conforming These gentlemen complain of hardships. No No to their ideas, for no other visible purpose than considerable number shews discontent; but, in the enabling them to receive with a good conorder to give satisfaction to any number of respect- science the tenth part of the produce of your lands? able men, who come in so decent and constitu- Therefore, beforehand, the constitution has tional a mode before us, let us examine a little thought proper to take a security, that the tax what that hardship is. They want to be preferred raised on the people shall be applied only to those, clergymen in the church of England, as by law who profess such doctrines, and follow such a established; but their consciences will not suffer mode of worship, as the legislature, representing them to conform to the doctrines and practices of the people, has thought most agreeable to their that church; that is, they want to be teachers in general sense; binding, as usual, the minority not a church to which they do not belong; and it is to an assent to the doctrines, but to a payment of an odd sort of hardship. They want to receive the the tax. emoluments appropriated for teaching one set of doctrines, whilst they are teaching another. A church, in any legal sense, is only a certain system of religious doctrines and practices, fixed and ascertained by some law; by the difference of which laws different churches (as different commonwealths) are made in various parts of the world; and the establishment is a tax laid by the same sovereign authority for payment of those, who so teach and so practise. For no legislature was ever so absurd as to tax its people to support men for teaching and acting as they please; but by some prescribed rule.

The hardship amounts to this, that the people of England are not taxed two shillings in the pound to pay them for teaching, as divine truths, their own particular fancies. For the state has so taxed the people; and by way of relieving these gentlemen, it would be a cruel hardship on the people to be compelled to pay, from the sweat of their brow, the most heavy of all taxes to men to condemn, as heretical, the doctrines, which they repute to be orthodox, and to reprobate, as superstitious, the practices, which they use as pious and holy. If a man leaves by will an establishment for preaching, such as Boyle's Lectures, or for charity sermons, or funeral sermons, shall any one complain of an hardship because he has an excellent sermon upon matrimony, or on the martyrdom of King Charles, or on the restoration, which I, the trustee of the establishment, will not pay him for preaching ?-S. Jenyns, Origin of Evil. Such is the hardship, which they complain of under the present church establishment, that they have not the power of taxing the people of England for the maintenance of their private opinions.

The laws of toleration provide for every real grievance, that these gentlemen can rationally complain of. Are they hindered from professing their belief of what they think to be truth? If they

But how do you ease and relieve? How do you know, that in making a new door into the church for these gentlemen you do not drive ten times their number out of it? Supposing the contents and not contents strictly equal in numbers and consequence, the possession, to avoid disturbance, ought to carry it. You displease all the clergy of England now actually in office, for the chance of obliging a score or two, perhaps, of gentlemen, who are, or want to be, beneficed clergymen ; and do you oblige? Alter your liturgy, will it please all even of those who wish an alteration? Will they agree in what ought to be altered? And after it is altered to the mind of every one, you are no further advanced than if you had not taken a single step; because a large body of men will then say, you ought to have no liturgy at all. And then these men, who now complain so bitterly, that they are shut out, will themselves bar the door against thousands of others. Dissent, not satisfied with toleration, is not conscience, but ambition.

You altered the liturgy for the Directory; this was settled by a set of most learned divines and learned laymen; Selden sat amongst them. Did this please? It was considered upon both sides as a most unchristian imposition. Well, at the restoration they rejected the Directory, and reformed the Common Prayer, which, by the way, had been three times reformed before. Were they then contented? Two thousand (or some great number) of clergy resigned their livings in one day rather than read it; and truly, rather than raise that second idol, I should have adhered to the Directory as I now adhere to the Common Prayer. Nor can you content other men's conscience, real or pretended, by any concessions: follow your own; seek peace and ensue it. You have no symptoms of discontent in the people to their establishment. The churches are too small for their congrega

tions. The livings are too few for their candidates. | universities; the qualifications at 'All Souls are, The spirit of religious controversy has slackened that they should be-optimè nati, benè vestiti, by the nature of things: by act you may revive mediocriter docti. it. I will not enter into the question, how much truth is preferable to peace. Perhaps truth may be far better. But as we have scarcely ever the same certainty in the one, that we have in the other, I would, unless the truth were evident indeed, hold fast to peace, which has in her company charity, the highest of the virtues.

This business appears in two points of view. 1st. Whether it is a matter of grievance. 2d. Whether it is within our province to redress it with propriety and prudence. Whether it comes properly before us on a petition upon matter of grievance, I would not enquire too curiously. I know, technically speaking, that nothing agreeable to law can be considered as a grievance. But an over-attention to the rules of any act does sometimes defeat the ends of it, and I think it does so in this parliamentary act, as much at least as in any other. I know many gentlemen think, that the very essence of liberty consists in being governed according to law; as if grievances had nothing real and intrinsick; but I cannot be of that opinion. Grievances may subsist by law. Nay, I do not know whether any grievance can be considered as intolerable until it is established and sanctified by law. If the act of toleration were not perfect, if there were a complaint of it, I would gladly consent to amend it. But when I heard a complaint of a pressure on religious liberty, to my astonishment I find, that there was no complaint whatsoever of the insufficiency of the act of King William, nor any attempt to make it more sufficient. The matter therefore does not concern toleration, but establishment; and it is not the rights of private conscience that are in question, but the propriety of the terms, which are proposed by law as a title to publick emoluments; so that the complaint is not, that there is not toleration of diversity in opinion, but that diversity in opinion is not rewarded by bishopricks, rectories, and collegiate stalls. When gentlemen complain of the subscription as matter of grievance, the complaint arises from confounding private judgment, whose rights are anteriour to law, and the qualifications, which the law creates for its own magistracies, whether civil or religious. To take away from men their lives, their liberty, or their property, those things, for the protection of which society was introduced, is great hardship and intolerable tyranny; but to annex any condition you please to benefits, artificially created, is the most just, natural, and proper thing in the world. When e novo you form an arbitrary benefit, an advantage, pre-eminence, or emolument, not by nature, but institution, you order and modify it with all the power of a creator over his creature. Such benefits of institution are royalty, nobility, priesthood; all of which you may limit to birth; you might prescribe even shape and stature. The Jewish priesthood was hereditary. Founders' kinsmen have a preference in the election of Fellows in many colleges of our

By contending for liberty in the candidate for orders, you take away the liberty of the elector, which is the people; that is, the state. If they can choose, they may assign a reason for their choice; if they can assign a reason, they may do it in writing, and prescribe it as a condition; they may transfer their authority to their representatives, and enable them to exercise the same. In all human institutions a great part, almost all regulations, are made from the mere necessity of the case, let the theoretical merits of the question be what they will. For nothing happened at the Reformation, but what will happen in all such revolutions. When tyranny is extreme, and abuses of government intolerable, men resort to the rights of nature to shake it off. When they have done so, the very same principle of necessity of human affairs, to establish some other authority, which shall preserve the order of this new institution, must be obeyed, until they grow intolerable; and you shall not be suffered to plead original liberty against such an institution. See Holland, Switzerland.

If you will have religion publickly practised and publickly taught, you must have a power to say what that religion will be, which you will protect and encourage; and to distinguish it by such marks and characteristicks, as you in your wisdom shall think fit. As I said before, your determination may be unwise in this as in other matters, but it cannot be unjust, hard, or oppressive, or contrary to the liberty of any man, or in the least degree exceeding your province.

It is therefore as a grievance fairly none at all, nothing but what is essential not only to the order, but to the liberty, of the whole community.

The petitioners are so sensible of the force of these arguments, that they do admit of one subscription, that is, to the Scripture. I shall not consider how forcibly this argument militates with their whole principle against subscription as an usurpation on the rights of Providence: I content myself with submitting to the consideration of the house, that, if that rule were once established, it must have some authority to enforce the obedience; because you well know, a law without a sanction will be ridiculous. Somebody must sit in judgment on his conformity; he must judge on the charge; if he judges, he must ordain execution. These things are necessary consequences one of the other; and then this judgment is an equal and a superiour violation of private judgment; the right of private judgment is violated in a much greater degree than it can be by any previous subscription. You come round again to subscription, as the best and easiest method; men must judge of his doctrine, and judge definitively; so that either his test is nugatory, or men must first or last prescribe his publick interpretation of it.

If the church be, as Mr. Locke defines it, a

voluntary society, &c. then it is essential to this voluntary society to exclude from her voluntary society any member she thinks fit, or to oppose the entrance of any upon such conditions as she thinks proper. For otherwise it would be a voluntary society acting contrary to her will, which is a contradiction in terms.-And this is Mr. Locke's opinion, the advocate for the largest scheme of ecclesiastical and civil toleration to protestants (for to papists he allows no toleration at all).

They dispute only the extent of the subscription; they therefore tacitly admit the equity of the principle itself. Here they do not resort to the original rights of nature, because it is manifest, that those rights give as large a power of controverting every part of Scripture, or even the authority of the whole, as they do to the controverting any articles whatsoever. When a man requires you to sign an assent to Scripture, he requires you to assent to a doctrine as contrary to your natural understanding, and to your rights of free enquiry, as those, who require your conformity to any one article whatsoever.

The subscription to Scripture is the most astonishing idea I ever heard, and will amount to just nothing at all. Gentlemen so acute have not, that I have heard, ever thought of answering a plain obvious question-What is that Scripture, to which they are content to subscribe? They do not think, that a book becomes of divine authority because it is bound in blue morocco, and is printed by John Basket and his assigns. The Bible is a vast collection of different treatises; a man, who holds the divine authority of one, may consider the other as merely human. What is his canon? The Jewish-St. Jerom's--that of the 39 articles-Luther's? There are some who reject the Canticles, others six of the Epistles-the Apocalypse has been suspected even as heretical, and was doubted of for many ages, and by many great

men. As these narrow the canon, others have enlarged it by admitting St. Barnabas's Epistles, the Apostolick Constitutions, to say nothing of many other Gospels. Therefore to ascertain Scripture you must have one article more; and you must define what that Scripture is, which you mean to teach. There are, I believe, very few, who, when Scripture is so ascertained, do not see the absolute necessity of knowing what general doctrine a man draws from it, before he is sent down authorized by the state to teach it as pure doctrine, and receive a tenth of the produce of our lands.

The Scripture is no one summary of doctrines regularly digested, in which a man could not mistake his way; it is a most venerable, but most multifarious, collection of the records of the divine economy; a collection of an infinite variety of Cosmogony, Theology, History, Prophecy, Psalmody, Morality, Apologue, Allegory, Legislation, Ethicks, carried through different books, by different authors, at different ages, for different ends and purposes.

It is necessary to sort out what is intended for example, what only as narrative, what to be understood literally, what figuratively, where one precept is to be controlled and modified by another, what is used directly, and what only as an argument ad hominem,-what is temporary, and what of perpetual obligation,-what appropriated to one state, and to one set of men, and what the general duty of all Christians. If we do not get some security for this, we not only permit, but we actually pay for, all the dangerous fanaticism, which can be produced to corrupt our people, and to derange the publick worship of the country. We owe the best we can (not infallibility, but prudence) to the subject, first sound doctrine, then ability to use it.

SPEECH*

ON THE SECOND READING OF A BILL FOR THE RELIEF OF PROTESTANT

DISSENTERS.+

(1773.)

I ASSURE you, Sir, that the honourable gentle- | man, who spoke last but one, need not be in the least fear, that I should make a war of particles upon his opinion, whether the church of England

This speech is given partly from the manuscript papers of Mr. Burke, and partly from a very imperfect short-hand note taken at the time by a member of the house of commons.

This bill was opposed by petitions from several congregations calling themselves "Protestant Dissenters;" who appear to

should, would, or ought to be alarmed. I am very clear, that this house has no one reason in the world to think she is alarmed by the bill brought before you. It is something extraor

have been principally composed of the people, who are generally known under the denomination of " Methodists;" and particularly by a petition from a congregation of that description, residing in the town of Chatham.

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