"Will you to the utmost of your power maintain
1 2 3
the laws of God, the true profession of the Gospel,
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and the Protestant Reformed Religion established by
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law? And will you preserve unto the bishops and
clergy of this realm, and to the churches committed
to their charge, all such rights and privileges as by
law do or shall appertain unto them, or any of them?—All
this I promise to do."
Here are the coronation engagements of the king. In them I do not find one word to preclude his Majesty from consenting to any arrangement which Parliament may make with regard to the civil privileges of any part of his subjects.
It may not be amiss, on account of the light which it will throw on this discussion, to look a little more narrowly into the matter of that oath,—in order to discover how far it has hitherto operated, or how far in future it ought to operate, as a bar to any proceedings of the crown and Parliament in favor of those against whom it may be supposed that the king has engaged to support the Protestant Church of England in the two kingdoms in which it is established by law. First, the king swears he will maintain to the utmost of his power "the laws of God." I suppose it means the natural moral laws.—Secondly, he swears to maintain "the true profession of the Gospel." By which I suppose is understood affirmatively the Christian religion.—Thirdly, that he will maintain "the Protestant reformed religion." This leaves me no power of supposition or conjecture; for that Protestant reformed religion is defined and described by the subsequent words, "established by law"; and in this instance, to define it beyond all possibility of doubt, he swears to maintain the "bishops and clergy, and the churches committed to their charge," in their rights present and future.
The oath as effectually prevents the king from doing anything to the prejudice of the Church, in favor of sectaries, Jews, Mahometans, or plain avowed infidels, as if he should do the same thing in favor of the Catholics. You will see that it is the same Protestant Church, so described, that the king is to maintain and communicate with, according to the Act of Settlement of the 12th and 13th of William the Third. The act of the 5th of Anne, made in prospect of the Union, is entitled, "An act for securing the Church of England as by law established." It meant to guard the Church implicitly against any other mode of Protestant religion which might creep in by means of the Union. It proves beyond all doubt, that the legislature did not mean to guard the Church on one part only, and to leave it defenceless and exposed upon every other. This church, in that act, is declared to be "fundamental and essential" forever, in the Constitution of the United Kingdom, so far as England is concerned; and I suppose, as the law stands, even since the independence, it is so in Ireland.
All this shows that the religion which the king is bound to maintain has a positive part in it, as well as a negative,—and that the positive part of it (in which we are in perfect agreement with the Catholics and with the Church of Scotland) is infinitely the most valuable and essential. Such an agreement we had with Protestant Dissenters in England, of those descriptions who came under the Toleration Act of King William and Queen Mary: an act coeval with the Revolution; and which ought, on the principles of the gentlemen who oppose the relief to the Catholics, to have been held sacred and unalterable. Whether we agree with the present Protestant Dissenters in the points at the Revolution held essential and fundamental among Christians, or in any other fundamental, at present it is impossible for us to know: because, at their own very earnest desire, we have repealed the Toleration Act of William and Mary, and discharged them from the signature required by that act; and because, for the far greater part, they publicly declare against all manner of confessions of faith, even the Consensus.
For reasons forcible enough at all times, but at this time particularly forcible with me, I dwell a little the longer upon this matter, and take the more pains, to put us both in mind that it was not settled at the Revolution that the state should be Protestant, in the latitude of the term, but in a defined and limited sense only, and that in that sense only the king is sworn to maintain it. To suppose that the king has sworn with his utmost power to maintain what it is wholly out of his power to discover, or which, if he could discover, he might discover to consist of things directly contradictory to each other, some of them perhaps impious, blasphemous, and seditious upon principle, would be not only a gross, but a most mischievous absurdity. If mere dissent from the Church of Rome be a merit, he that dissents the most perfectly is the most meritorious. In many points we hold strongly with that church. He that dissents throughout with that church will dissent with the Church of England, and then it will be a part of his merit that he dissents with ourselves: a whimsical species of merit for any set of men to establish. We quarrel to extremity with those who we know agree with us in many things; but we are to be so malicious even in the principle of our friendships, that we are to cherish in our bosom those who accord with us in nothing, because, whilst they despise ourselves, they abhor, even more than we do, those with whom we have some disagreement. A man is certainly the most perfect Protestant who protests against the whole Christian religion. Whether a person's having no Christian religion be a title to favor, in exclusion to the largest description of Christians, who hold all the doctrines of Christianity, though holding along with them some errors and some superfluities, is rather more than any man, who has not become recreant and apostate from his baptism, will, I believe, choose to affirm. The countenance given from a spirit of controversy to that negative religion may by degrees encourage light and unthinking people to a total indifference to everything positive in matters of doctrine, and, in the end, of practice too. If continued, it would play the game of that sort of active, proselytizing, and persecuting atheism which is the disgrace and calamity of our time, and which we see to be as capable of subverting a government as any mode can be of misguided zeal for better things.
Now let us fairly see what course has been taken relative to those against whom, in part at least, the king has sworn to maintain a church, positive in its doctrine and its discipline. The first thing done, even when the oath was fresh in the mouth of the sovereigns, was to give a toleration to Protestant Dissenters whose doctrines they ascertained. As to the mere civil privileges which the Dissenters held as subjects before the Revolution, these were not touched at all. The laws have fully permitted, in a qualification for all offices, to such Dissenters, an occasional conformity: a thing I believe singular, where tests are admitted. The act, called the Test Act, itself, is, with regard to them, grown to be hardly anything more than a dead letter. Whenever the Dissenters cease by their conduct to give any alarm to the government, in Church and State, I think it very probable that even this matter, rather disgustful than inconvenient to them, may be removed, or at least so modified as to distinguish the qualification to those offices which really guide the state from those which are merely instrumental, or that some other and better tests may be put in their place.
So far as to England. In Ireland you have outran us. Without waiting for an English example, you have totally, and without any modification whatsoever, repealed the test as to Protestant Dissenters. Not having the repealing act by me, I ought not to say positively that there is no exception in it; but if it be what I suppose it is, you know very well that a Jew in religion, or a Mahometan, or even a public, declared atheist and blasphemer, is perfectly qualified to be Lord-Lieutenant, a lord-justice, or even keeper of the king's conscience, and by virtue of his office (if with you it be as it is with us) administrator to a great part of the ecclesiastical patronage of the crown.
Now let us deal a little fairly. We must admit that Protestant Dissent was one of the quarters from which danger was apprehended at the Revolution, and against which a part of the coronation oath was peculiarly directed. By this unqualified repeal you certainly did not mean to deny that it was the duty of the crown to preserve the Church against Protestant Dissenters; or taking this to be the true sense of the two Revolution acts of King William, and of the previous and subsequent Union acts of Queen Anne, you did not declare by this most unqualified repeal, by which you broke down all the barriers, not invented, indeed, but carefully preserved, at the Revolution,—you did not then and by that proceeding declare that you had advised the king to perjury towards God and perfidy towards the Church. No! far, very far from it! You never would have done it, if you did not think it could be done with perfect repose to the royal conscience, and perfect safety to the national established religion. You did this upon a full consideration of the circumstances of your country. Now, if circumstances required it, why should it be contrary to the king's oath, his Parliament judging on those circumstances, to restore to his Catholic people, in such measure and with such modifications as the public wisdom shall think proper to add, some part in these franchises which they formerly had held without any limitation at all, and which, upon no sort of urgent reason at the time, they were deprived of? If such means can with any probability be shown, from circumstances, rather to add strength to our mixed ecclesiastical and secular Constitution than to weaken it, surely they are means infinitely to be preferred to penalties, incapacities, and proscriptions, continued from generation to generation. They are perfectly consistent with the other parts of the coronation oath, in which the king swears to maintain "the laws of God and the true profession of the Gospel, and to govern the people according to the statutes in Parliament agreed upon, and the laws and customs of the realm." In consenting to such a statute, the crown would act at least as agreeable to the laws of God, and to the true profession of the Gospel, and to the laws and customs of the kingdom, as George the First did, when he passed the statute which took from the body of the people everything which to that hour, and even after the monstrous acts of the 2nd and 8th of Anne, (the objects of our common hatred,) they still enjoyed inviolate.
It is hard to distinguish with the last degree of accuracy what laws are fundamental, and what not. However, there is a distinction between them, authorized by the writers on jurisprudence, and recognized in some of our statutes. I admit the acts of King William and Queen Anne to be fundamental, but they are not the only fundamental laws. The law called Magna Charta, by which it is provided that "no man shall be disseised of his liberties and free customs but by the judgment of his peers or the laws of the land," (meaning clearly, for some proved crime tried and adjudged,) I take to be a fundamental law. Now, although this Magna Charta, or some of the statutes establishing it, provide that that law shall be perpetual, and all statutes contrary to it shall be void, yet I cannot go so far as to deny the authority of statutes made in defiance of Magna Charta and all its principles. This, however, I will say,—that it is a very venerable law, made by very wise and learned men, and that the legislature, in their attempt to perpetuate it, even against the authority of future Parliaments, have shown their judgment that it is fundamental, on the same grounds and in the same manner that the act of the fifth of Anne has considered and declared the establishment of the Church of England to be fundamental. Magna Charta, which secured these franchises to the subjects, regarded the rights of freeholders in counties to be as much a fundamental part of the Constitution as the establishment of the Church of England was thought either at that time, or in the act of King William, or in the act of Queen Anne.