TEST. ACT. 



brandy for it ; our own fplrits, though equally coloured, 

 would never make that violet lind\ure, becaufc their colour 

 was owing to burnt fugar, not a tinfture of oak. At 

 length this myftery was explained, and a little fcrapings of 

 galls made all thofe quantities of this llyptic, which had 

 been fet by as good for nothing, perfedlly fine and well- 

 coloured. Shaw's Effay on Diftillery. 



TEST-y?ff, in iaw, is the ftatute 25 Car. II. cap. 2. 

 (1673) which direfts all officers, civil and military, to take 

 the oaths, and make the declaration againll tranfubftan- 

 tlation, in the court of king's bench or chancery, the next 

 term, or at the next quarter feffions, or (by fubfequent 

 ftatutes) within fix months after their admilfion ; and alfo 

 within tiie fame time to receive the facrament of the Lord's 

 fupper, according to the ufage of the church of England, 

 in fome public church, immediately after divine fervice or 

 fermon, and to deliver into court a certificate thereof, figned 

 by the miniiler and churchwarden, and alfo to prove the 

 fame by two^ credible witneffes, upon forfeiture of 500/. and 

 difability to liold the fame office. Befides this penalty, if, 

 without taking the facramental qualification within the time 

 prefcribcd by the aft, a perfon continues to occupy a civil 

 office, or to hold a military commiffion, and is lawfully con- 

 vifted, tlien he is difabled from thenceforth, for ever, from 

 bringing any aftion in courfe of law, from profecuting any 

 fuit in any court of equity, from being guardian of any child, 

 or executor or adminillrator of any perfon, as well as from 

 receiving any legacy. For an account of the nature and 

 operation of the Corporation AB, we refer to that article. 

 The word tejl fignifies proof or trial, being formed of iejlis, 

 iLHtneJs ; this aft being ellabliffied with a view to exclude 

 Roman Catholics from any fhare in the government, though 

 it has operated to the exclufion of Proteilant diflenters in 

 general. The Corporation aft, enafted in the year 1661, 

 the 13th of Charles II., was principally, but not wholly, 

 defigned againft Proteftant Nou-conformifts. It was pafled 

 in a period of great heat and violence, the year after the 

 Reftoration ; and it paved the way for the aft of unifor- 

 mity, which foon after pafled. The king, with his minifters, 

 and the majority in both houfes, hated the Prefbyterians, 

 whom they confidered, whether jullly or not, as the authors 

 of the late rebellion. Great power ftill remained in their 

 hands, for, during the Proteftorate, they had been appointed 

 magiftrates in all the country towns. To leave authority 

 in Uich hands feemed dangerous : it was therefore judged 

 expedient to regulate the corporations, and to expel thofe 

 magiftrates, whofe principles were inimical to the conftitu- 

 tion, civil and ecclefiaftical. This gave rife to the Corpo- 

 ration aft. The facramental claufe, however, in the Cor- 

 poration aft was intended againll the Catholics ; for, as 

 the other provifions of the ftatute, by difpoffeffing the 

 enemies of the court, had eftabliftied the influence of the 

 crown in all the corporations of the kingdom, the parliament 

 was apprehenfive that in the next reign, under a Catholic 

 king, all corporation offices would be filled with Catholics. 

 Befides, before the paffing of the aft of uniformity, thofe 

 that were afterwards called diffenters, were within the 

 inclofure of the church, and confequently participated in 

 her facraments, fo that the facramental claufe muft there- 

 fore have been intended as a guard againft the Cathohcs, to 

 whom it effeftuaUy applied, and not as a guard againft 

 thofe who were afterwards called diflenters, on whom, at 

 that period, it could not operate. 



It muft alfo be allowed, that the original defign of the teft 

 was not fo much to exclude the Proteftant diflijnters, as 

 the papifts, as the Catholics were then called. It was 

 brought in by the patriots, in the reign of Charles II., 



under their apprehrnfion of poprry, and a popifli fuccenbr ; 

 and when, during the debate in the houfc of commons, it 

 was obferved, that it was drawn in fuch a manner as to com- 

 prehend the Proteftant diflenters, the court greatly endea- 

 voured to avail themfelvcs of that circumftance in order to 

 defeat the bill. But the diflenting members difappointcd 

 them, by declaring, that they had rather confide in tlie 

 jufticc and generofity of parliament, to pafs fome future 

 bill in their favour, than be the occafion of retarding or de- 

 feating the fecurity, which the i)refent bill was calculated to 

 aff'ord- to the liberties of their country. Their patriotifm 

 produced, foon afterwards, a bill for their relief from the 

 pen.il laws ; but the parliamer.t was prorogued, through 

 the refentment of the court, to prevent its palling : and 

 when, notwithftandlng this, a bill in favour of the diflenters 

 did afterwards pafs both houfes, vi-z,. in the year 1680, and 

 lay ready for the royal aflent, the court ventured upon a 

 very extraordinary expedient : the clerk of the crown was 

 ordered to convey away the bill, and, atJcordingly, it waa 

 never afterwards to be found. The p.irlicular telt of re- 

 ceiving the facrament acconiing to the rites of the church 

 of England, was calculated to exclude the papiits rather 

 than the Proteftant diflinters ; as it was no uncommon 

 thing for the latter, at that time, to receive the facrament 

 occafionally in the church of England, in order to exprefs 

 their charity towards it, as a part of the church of Chrift. 

 If it had been the defign of tlie legiflature to exclude all 

 from civil offices but thofe who have a real aft'eftion for the 

 conftitution and worftiip of the church, it is apprehended 

 they would have appointed the tcil to be, not merely once 

 taking the facrament at church, but a ftated and conftant 

 conformity to its religious fervices. 



It has been alleged, however, that though the Teft aft 

 was defigned againft the Cathohcs, yet that few, even then, 

 of the number, merited a treatment fo fevere. They, it is 

 faid by their advocates, had no concern in the views of 

 Charles or his brother, in the fchemes of wild minifters, or 

 in the machinations of bad politicians. They had fuffi?red 

 much in the rcyal caufe, and were pining in penury and 

 diftrefs, under the additional prefl'ure of cruel laws. But 

 whatever might be the reafons, real or pretended, for 

 paffing an aft, of which Catholics were the principal often- 

 fible objefts, the cafe is now very much altered, and 

 Catholics have afl^umed a new charaftcr, which entitles them, 

 in the judgment of many, not merely to proteftion, but to 

 a participation of the privileges of their fellow-fubjefts. 



As the queftion concerning the repeal of the difqualifying 

 laws which we have already mentioned, has beeEi, and is 

 likely foon again to become a fubjeft of public difcuffion, 

 and as it is a fubjeft, generally confidered, of great im- 

 portance and intercft, it may not be thought improper to 

 ftate the arguments for and againft the repeal of thofe ex- 

 cluding ftatutes, comprehending both Proteftant diflenters 

 and Cathohcs, in as concife a manner as poffible. The 

 general principles upon which the equitable decifion of this 

 queftion depends, are fuch as follow : — Every man has an 

 undoubted right to judge for himfelf in matters of rehgion ; 

 nor (hould any mark of infamy, or any civil penalty, be at- 

 tached to the cxcrcife of this right : — Every man has a 

 right to the common privileges of the fociety in which he 

 lives ; and among thefe common privileges, a capacity 1 

 law for ferving his fovereign and country is one of the 

 moft valuable, diftinguifliing a legal capacity of fervice, from 

 a right to an aftual appointment, which depends upon the 

 choice of his fovereign, or of his fellow citizens ; and this 

 capacity of ferving the ftate is a right of fuch high cftima- 

 tion, and of fuch tranfcendcnt value, that e.xclufion from it 



is 



