TEST-ACT. 



andid refpcct for their opinions, and a dcf.re to promote 

 tiial clianly and good-will, liie cllablilhed church will be 



Whilil 



a can 



nuitiial charily ami go 



moll likely to iecure its il;-.bihty and its honoiir. 



the cricvanccs of pcrfons of a different proteflion are re- 



drelfed, and they are admitted to a- participation of their 



civil rid.ts, the church need not fear any combination tor 



. f^ . ^ « • r _ .. J 1..', ,^ y-,f ito T\*»*- II li'ii* ;tn(l 



the hands of the clergy, who were to be the great arbitrator!! 

 of qualification or dil'qualilication for offices, and places of 

 power and emolument. Some have attempted to juftify the 

 legal eftablilhment of the profanation of a religious infti- 

 tution, by comparing it with tliofe provifions of our law 

 which enjoin tlie fanftion of an oath ; but this argument has 



fapping its 'foundation, or for depriving it of its peculiar and been confidered as iuapplicable to the prefent cafe, and alto- 



dift inguilhing honours or emoluments. Men who are ag 

 crieved, under a fenfe of what they conceive to be an indig- 

 nity and iniurv, are the mod likely to manifeft hollihty 

 againtl an eccleriallical ellabli(hment that engroffes aU civi 

 and fecular advantages to itfelf. 



It has been faid, that it would conduce to the honour ot th* 



gether unavailing ; for though it be indeed true that the le- 

 giflature, by compelling every petty officer of the revenue, 

 and every coUeftor of a turnpike toll, to fwear deeply on 

 his admiffion into office, has made the crime of perjury more 

 common, at this time, in England, than it ever appears to 

 have been in any other age or country : yet how does the 

 frequent commiffion of this crime againjl law, juftify the 

 eftablifhment of a rehgious profanation by law ? But, with- 

 out any comment on the folly of pleading for a legiflative de- 

 \y was"iiot uitcnded by its divine founder for the attain- bafement of religion in one way, by (liewing that the legifla- 



- ' •■^'■n T r i._ ofes. ture has contributed to its dcbafemciit in another, let it be 



aflced, what refemblance the facrament of the Lord's fupper, 

 which is merely a religious inftitution, bears to the ceremony 

 of an oath, which is an inftitution fo entirely political, that 

 it anfwcrs none of the purpofcs of religion, promotes none of 

 her interefts, forms no part of her eftablifhment, and belongs 

 as much to the Jew, the Mahometan, and the idolater, as it 

 does to the Chriftian. The difference, fays Mr. W. Smith, 



the 

 rulers and dignitaries of the church, if they would concur 

 in abolifhing laws which perpetuate the perverfion and profa- 

 nation of a'religious inftitution : — an inftitutioR which cer- 



taiii-^ 



ment and promotion of any felfifli and fecular purp 

 Here, it is maintained, if any where, a hne of feparation 

 fhould be drawn between religious and civil policy ; nor 

 fliould the performance of a Chriftian duty be made an indif- 

 penfible qualification for a fecular office. The difTenters, 

 fays a well-informed member of the legiflature (Mr. W. 

 Smith), who, being himfelf one of them, is thoroughly ac 



„ ^, , - in^ _ . 



quainted with their principles and charafter, would equally 



obieft to receiving the facrament as a left in their own places between the facrament, ufed as a teft for office, and an oath, 

 of worfhip, though many of them would not fcruple to par- as a teft of truth, is too obvious to efcape the moft carelefs 

 take of it with their brethren of the eftablifhment, and ac- obferver. An oath was neither primarily, nor at all, an aft 



cording to their form, when confidered only in its true hght, 

 as a religious duty, and an expreflion of Chriftian charity. 

 The wrncr of this article is acquainted with feveral con- 

 fcientious and avowed members of the eftabhfhed church, 

 who lament this abufe of a Chriftian ordinance, and who 

 wifh, for the purity and honour of the church to which they 

 are attached, that the laws impofmg this teft were repealed. 



of worfhip ; nor, though it neceffarily fuppofed a belief in a 

 fupreme moral governor, was it ever ufed as a teft of 

 particular religious opinions ; the fole objeft to which it was 

 direfted was the attainment of truth, (with refpeft either to 

 the paft or the future,) where other means were infufficient, 

 — an appeal to a Being who, by the fuppofition, nnift be ac- 

 quainted with all the circumitances, and muft alfo be both 



at \- ti.i.i.u\> tiv-vjj i-iijui- tiii- luiiu *■ " H* ij-^ii-w •--•••.' --.- -■ J — - -J — ■-- , 



It would Hkewife contribute to the fatisfaftion of fcrupulous able and inclined to_ punifti falfehood in fuch cafes, as an in 



minifters of the eftablifhed church, to be releafed from the 

 obligation of adminiftering the facrament, as a quahfication 

 for office abftraftedly confidered, and more efpecially to per- 

 fons of known licentioufnefs of principles and conduft. By 

 the duties of his funftion, by the pofitive precepts of his 

 religion, and by the rubrick or canons of the church, the mi- 

 nifter is enjoined to warn from the facred table all blaf- 

 phemers of God, all llanderers of his word, all adulterers, 

 and all perfons of a profligate life ; and yet to thefe very per- 

 fons, if they demand it as a qualification, he is compelled, by 

 the Teft aft, to adminifter the facrament ; and if he refufes, 

 a ruinous profecution for damages is the obvious and ine- 

 vitable confequencc. On the other hand it has been faid, 

 that if the minifler's conviftion of profligacy of conduft is 

 fiipported by all the circumftances which oonftitute legal 

 proof, he may lawfully refufe the facrament. The truth of 

 this opinion is doubtful ; but it is certain, that if he fhould 

 fail in that proof, his ruin is inevitable : and if he fhould fuc- 

 ceed, it is almoft equally certain ; for the expences of his fuit 

 will devour his fcanty means, and probably confign him to 

 a prifon for his life. Allowing that any notorious evil-doer, 



fult added to a crime, was perfeftly well calculated to attain 

 the propofed end, and inapplicable to any other purpofe. 



If, fays Mr. Fox, in concurrence with fome previous ob- 

 fervations of Mr. Beaufoy, when a man is feen going to 

 take the facrament, it fhould be aflced, " is this man going to 

 make his peace with God, and to repent him of his fins ?" 

 the anfwer fhould be, " No ; he iS only going there, becaufe 

 he has lately received the appointment of firft lord of the trea- 

 fury ;" can any circumftance afford a greater proof of the in- 

 decency refulting from the praftice of fo qualifying ? 



Some have contended, that to grant a remiffion in favour of 

 Scotland of the Teft and Corporation afts, would be a breach 

 of the union ; an opinion which fuppofes, that becaufe, by 

 the articles of union, nothing can be taken from Scotland but 

 what was then ftipulated, therefore nothing can be given. 

 Others fay, that as the Teft and Corporation afts are among 

 the ftatutes which fecure the doftrines, difcipline, worfhip, 

 and government of the eftablifhed church of England, they 

 are therefore by the aft of union declared to be unalterable. 

 In reply to this mode of arguing it has been obferved, that 

 the government and difciphne, the doftrines and the wor- 



ofFering himfelf to receive the facrament, might be rejefted fhip of the Enghfh church, were the fameTDefore the ftatutes 



by the minifter, without becoming liable to any puniftiment, 



let it be confidered what is the fituation in which A or B, 



or the perfon who upon application to a minifter had been re- 



fufed the facrament, was placed : from that moment he had 



incurred the penalties of the aft, and was puniftied in a man 



were enafted, and would continue the fame if thofe ftatutes 

 were repealed ; and confequently do not derive their fecu- 

 rity from them : whereas the aft which relates to the pa- 

 tronage of the church of Scotland, and which did feem to 

 affeft its difcipline, was held to be no breach of the articles 



ner perfeftly new, unexampled, and unauthorized by the of union ; neither was that union underflood to be weakened 



laws of the land ; he was convifted without a trial by jury, by the fubfcquent aft, which gave a complete toleration in 



and was difabled from enjoying an office which his majefty, Scotland to epifcopal diffenters. 



in the legal exereife of his prerogative, had thought proper to When the articles of union were under the confideration 



confer on him ; and a perfon was thereby abfolutely put into of parliament, a propofal was made in the houfe of lords, 



8 that 



