bofom of the established church; that inftead of weakening it, this would be a means of giving it fuch a firmness of ftrength as nothing could shake; and that the church of England could never be in any danger, while the hierarchy and bifhops exifted,

The great majority that rejected this petition, founded their oppofition upon different grounds and principles. The high church gentlemen, confidered it as little lefs than blafphemy, to propofe any innovation in the xxxix articles. They faid it would give a mortal wound to the church of England; that the church and ftate were fo intimately united, that one could not perifh without the other; that this petition was levelled directly against chriftianity, and that the next would be for annulling the liturgy. They called to mind the deftruction of church and state in the last century, which they charged upon the fectaries; reprefented the conduct and views of the petitioners as avaricious and hypocritical; and inferred from the licentioufnefs of fome writings which had appeared on that fide of the question, that they denied the doctrine of the Trinity, and the divinity of our Saviour, They faid that parliament could not grant any relief to those who had already fubfcribed, as they had no power to vacate oaths; and that for thofe who were not yet beneficed, and who wanted to feize on the emoluments of the church, without believing in her tenets, or complying with her laws, they were not at all to be liftened to, as from every principle of reafon and juftice they should be excluded from her for ever. They further contended, that it was not in the King's power to comply with

their petition, as he was bound by path to preferve the established church; and that a compliance with it, would be a breach of the articles of union, as it was engaged by them, that the church governments both of England and Scotland, fhould for ever continue as they then were.

Many other gentlemen, who were more moderate in their temper or principles, though totally averfe to a compliance with the terms of the petition, or to the reviving of polemical difputes, by even making its controverfial points a fubject of difcuffion, were notwithstanding inclined to treat it with lenity and refpect; and fome were difpofed to its being brought up to the table, and let to lie over till the end of the feffion; while others were for applying to the King, that he might appoint a committee of the clergy to confider it. Upon the fame principle, they vindicated the petitioners from the heavy imputations that had been laid upon them, and fhew◄ ed feveral of them to be men of the moft irreproachable characters, They alfo fet those right who had been of opinion, that the legiflature had no fuperintending controul over the articles of the union; they not only fhewed, that a

fupreme controuling power was inherent in every legiflature, but pointed out two particular inftances in which it had been exerted fince the Union, and which affected both the English and Scotch churches; the firft of thefe was the act against occafional confornity, and the latter, that which de ftroyed elective patronages.

But though fome of these gentle, men declared themfelves friends to toleration, and to religious liberty,

in the moft liberal and extenfive fenfe, that could be compatible with the public tranquillity, and the good of the community, they notwithstanding objected to the principles of the petition. They infifted, that all governments had a right to conftitute the feveral or ders of their fubjects as they pleafed; that the priesthood, in this inftance, ftood in the fame predicament with the others; that it was neceffary that those who were appointed to be the public teachers and inftructors of the people, fhould be bound by fome certain principles from which they were not to deviate; that to prevent the diforder and confufion incident to fo great a number, it was also neceflary, that fome public fymbol should be established, to which they hould all affent, as a mark of their conformity and union; that a fimple affent to the fcriptures, would in this cafe be of no fignification, as every day's experience fhewed, that no two would agree in their general construction of them, and that it was too well known, that the greatest abfurdities, and even blafphemies, had at different times been attempted, to have been fupported or defended upon their authority. It was alfo faid, that fo far as fubfcription related to the clergy, who were thofe principally concerned, it would not be confidered that they fuffered any injuftice, as they were under no neceffity of accepting benefices contrary to their confciences, and if their fcruples arofe afterwards, they had it always in their power to quit them; and that every man now, according to the prayer of the petition, was at liberty to interpret the fcriptures for his own private ufe; but that his being au

thorized to do fo for others, contrary to their inclination, was a matter of a very different nature.

Many gentlemen, who did not think the difference of opinion. with refpect to the articles, a matter fimply in itself of any great confequence, oppofed the motion, merely, becaufe they would not give any opportunity of increafing our civil diffentions, by lighting up the more dangerous flanies of religious controverfy. The house in general feemed to be of opinion, that the profeffors of law and phyfic being bound in matter of fubfcription, was a matter of little concern to the public, and it feemed to be wifhed that the univerfities would grant them relief in that respect, as well as to the young ftudents at the time of matriculation. The gentlemen in oppofition were divided upon this queftion; many of them fupported it, and others were now feen, upon the fame fide with administration, and with a great majority; two fituations which were not often prefented. The numbers were upon the divifion, 71 for, and 217 against the motion.

Feb. 17th.

A motion was foon after made for leave to bring in a bill to quiet the posfeffions of the fubject againft dormant claims of the church. Many arguments were brought upon this occafion, to fhew that a limitation of this nature was as neceffary with respect to the church, as it had been in regard to the crown; and that there was no more reason why the people fhould be difturbed in their pottetions under the plea of immemorial time of the one, than under the Nullum Tempus power of the other. That the church now ftood fingle, acting

against

againft the lay fubjects of the crown, and fuperior in point of law-clains, to the crown itself; and that every fubject in this free country fhould be put upon the fame footing, in point of common law. Inftances were pointed out of the heavy grievances that attended the revival of thefe dormant and obfolete claims; and one in particular, of a gentleman then prefent, whofe family were lofers to the amount of 120,000l. by a bithop's reviving a claim of this nature, though they had been in quiet poffeffion of the eftate in queftion above an hundred years.

On the other hand it was faid, that this power of reviving claims was abfolutely neceflary to the church, to preserve her from those encroachments, which the laity were always willing, if not endeavouring to make upon her; that The had been fufficiently tripped at the reformation; and that as our forefathers then faw the necellity of what was left being for ever fecured to her, they for that purpofe ordered that no length of time fhould be a bar to her claims. That the effects of this bill would fall particularly upon, and be peculiarly injurious to the poorer clergy, who were frequently unable to defend their rights, against the combination of rich farmers, and the oppreflions of their great neighbours; that the peculiar fituation and quick fucceffion of incumbents, made them particularly liable to fuffer encroachments, and that it would be very hard, that the weakness or inability of the prefent poffeffor, fhould deprive his fucceffors of their property, and of the only means they had of fupport. That the Nullum Tempus claimed by the crown, was an

engine in the hands of the ftrong to oppofe the weak; but that the Nullam Tempus of the church, was a defence to the weak againft the ftrong.

It was replied on the other fide, that most of these objections were guarded againft by the provifions of the bill, in which the limitation is confiderably extended in favour of the clergy, and a period of three incumbencies added to the fixty years which are allowed to the crown in the fame cafe; that the gentleman who moved for the bill, and those who fupported it, wifhed, and were ready, to admit of any further eafe or advantage to the poor parochial clergy that could be pointed out, and that did not strike at the principles of the bill; and that the first of these, had already made his propofal to the two metropolitans, and defired their lordships' affiftance in it. But that in fact, the poor clergy were only the mask upon this occafion to fcreen the rich; that poverty was ufed as an inftrument to protect riches, and neceflity employed, to guard and defend luxury and fuperfluity. The motion was oppoied by the whole force of adminiftration, and it was much complained of, that a bill brought in upon public ground, and apparently for the public benefit, fhould not be allowed a reading. The majority, however, was not to great as might have been expected, the numbers being 117, to 141, who oppofed the question.

20th.

The meffage which gave rife to the Royal Marriage Bill, was a few days after prefented to both houfes. In this meffage it is observed, that his Majefty being defirous, from paternal affection to his own family, and anxious con

cern for the future welfare of his people, and the honour and dignity of his crown, that the right of approving all marriages in the royal family (which ever has belonged to the Kings of this realm as a matter of public concern) may be made effectual, recommends to both houses to take into their ferious confideration, whether it may not be wife and expedient to fupply the defects of the laws now in being, and by fome new provifion more effectually to guard the defcendents of his late majefty (other than the illue of princeffes who have married, or may hereafter marry, into foreign families) from marrying without the approbation of his majefty, his heirs, or fucceffors, firft had and obtained.

In confequence of this meilage, a bill was brought into the house of lords, which fully anfwered all the purpotes that could have been intended by it. After reciting the King's meffage in the preamble, and acknowledging the legality of the powers claimed therein by the (crown, in the declaratory part, this bill proceeds in the enacting, to render all the defcendants of the late king (excepting only thofe that were excepted in the meflage) incapable of contracting marriage without the previous confent of the King, or his fucceffors on the throne, fignified under the great feal, and declared in Council; every fuch marriage, and matrimonial contract, without fuch confent, being declared null and void. It is however granted, that fuch defcendants, being above the age of 25 years, upon then giving the privy council twelve months previous notice of their design, may, after the expiration of that term,

enter into marriage without the royal confent, unleís both houfes of parliament fhould within that time exprefsly declare their dif approbation of it. All perfons, who fhall accordingly prefume to folemnize, or to aflift at the celebration of fuch illicit marriage, or at any fuch matrimonial contract, are declared to incur all the pains and penalties of the ftatute of premunire.

The bill was opposed with extraordinary vigour in both houses. New motions were continually made, either to expunge or to amend those that were thought to be its mott exceptionable parts; and every degree of parliamentary fkill was ufed, either to obftruct its progreis, or to improve its form. Notwithstanding thefe impedi ments, it was carried through the houfe of lords with wonderful difpatch, and, though it was brought in late in February, paffed through the laft reading on the third of March.

In this courfe of its progrefs, one of the first measures that was taken was to demand the opinion of the judges, how far, by the law of this kingdom, the King is entrufted with the care and approbation of the marriages of the royal family. The opinion returned by the judges was, that the care and approbation of the marriages of the children and grand-children of the King, and the prefumptive heir to the crown (other than the illue of foreign families) do belong to the kings of this realm; but to what other branch of the royal family fuch care and approbation do extend, the judges did not find precifely determined.

The queftion was put feparately upon