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1714.

advantageous to Great Britain. And therefore it would be Anno 13 Anna, a Piece of Barbarity to make an Act, which fhould debar many French Proteftants of means of fubfifting, either by keeping public Schools, or teaching in private Families; efpecially confidering their late hard Ufage, the Govern ment not having, for above three Years paft, paid them any Part of the fifteen thousand Pounds per Annum, allowed by Parliament in the Civil-Lift, towards the Maintenance of their Minifters, and Poor.' His Lordship concluded with taking notice of the fatal Confequences of perfecuting the Diffenters in King Charles I's Reign, which kindled a furious and unnatural Civil War;' and ended in the total Overthrow of Church and State, and in the King's Parricide.

The Lord Viscount Townshend spoke on the fame Side, Lord Viscount and among other Arguments reprefented the ill Effects Townshend. of Perfecution in general: He said, to that Purpose, that he had lived a long time in Holland; and had obferved, that the Wealth and Strength of that great and powerful Commonwealth lies in the Number of its Inhabitants: But that he was perfuaded, that if the States fhould cause the Schools of any one Sect tolerated in the United Provinces, to be shut up, they would be foon as thin of People, as Sweden or Spain, whereas they now fwarm with Inhabitants.'

The Lord North and Grey, who spoke for the Bill, main- Lord North tained the general Affertion of his Party, viz. That the and Grey. Church was in Danger from the Growth of Schifmatics.

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The Earl of Nottingham faid thereupon, He owned he had Earl of Notformerly been of Opinion, that the Occafional Conformity of tingham. Diffenters was dangerous to the Established Church; and therefore he ever promoted the Bill to prevent it: But that the Church having now that Security, he believed her fafe and out of Danger; and therefore he thought himself, in Confcience, obliged to oppofe fo barbarous a Law as this, which tended to deprive Parents of their natural Right of educating their own Children. He added, he had obferved, both from History and his own Experience, that all the Perfecutions that had been raifed in England against Schifmatics, originally proceeded from, and tended to favour Popery.' His Lordship likewife excepted against that Part of the Bill which enacts, that any Perfon who fhould keep any public or private School, or inftruct any Youth as Tutor, should have a Licence of the refpective Archbishop or Bishop of the Place, &c. My Lords (faid he) I have many Children; and I know not whether God Almighty will vouchsafe to let me live to give them the Education I could wish they had: Therefore, my Lords, I own I tremble when I think, that a certain Divine, who is hardly fufpected of being a 1714. Chriftian,

Iii

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Anno 13 Annæ, Chriftian, is in a fair way of being a Bishop, and may on Day give Licences to those, who shall be entrusted with th Instruction of Youth.'

Lord Treasurer. Some other Lords made Speeches for and against the Bill: But the Lord High Treafurer contented himself with saying, That he had not yet confidered of it: But when he had, he would vote according as it should appear to him, to be either for the Good or Detriment of his Country: And therefore he was for reading the Bill a fecond Time:' Which was agreed to, without dividing, and put off to the Monday following. After this, the Diffenters prefented a Petition, praying, that they might be heard by their Council against the Bill; but the fame was rejected by a Majority of 72 Votes againft 66: It was observed, that, on this Occafion, the Earl of Paulett, the Lord Foley, the Lord Manfel, and fome other Friends of the Lord Treasurer, voted with the Anti-Court Lords, for the allowing the faid Petition; and that the Lord Treasurer himself went out of the Houfe, that he might not be obliged to declare on either Side, which ftrengthened their Opinion, who thought this Bill to be levelled againft his Lordship.

Petition of the
Diffenters, to
be heard by
their Council
rejected.

Earl Paulett.
Lord Foley.

Lord Manfel.

The Bill read a On Monday the 7th of June, the Lords read the faid Bill fecond Time and a fecond time, and referred it to a Committee of the whole committed, Houfe, the Wednesday following; after which their Lordfhips took into Confideration, the Cafe of the Dutch and A Claufe in fa- French Proteftant Churches above-mentioned (which had been prefented the Saturday before) and after a fmall Debate, it was carried, without dividing, that a Claufe fhould be inferted in the Bill, in Favour of the faid Churches.

vour of the

Dateh and

French Churches ordered.

The Lord Com

mittee of the whole Houfe, make feveral

Amendments to

the Bill.

B. of London.

On the 9th of June, their Lordships in a Committee of the whole Houfe, of which his Grace the Lord Archbishop of York was chofen Chairman, took the faid Bill into Con. fideration, and examined the fame Paragraph by Paragraph, from One in the Afternoon, till Eight in the Evening. The Lord Bishop of London, who was one of the firit that spoke in this Day's Debate, faid, That the Diffenters had made this Bill neceffary, by their Endeavours to propagate their Schifm, and to draw the Children of Church men to their Lord Hallifax. Schools and Academies.' To which the Lord Hallifax anfwered, That what they did, was with the Knowledge and Confent of the Parents, who, in many Places, had not fufficient Means to educate their own Children; and his Lordfhip took from thence Occafion to move, That fince this Bill was occafioned, as was fuggefted, by the Diffenters endeavouring to engrofs the Education of the Youth of both Perfuafions, they might be allowed Schools to inftru&t their own Children.' Which Motion being formed into a Question,

was

was debated for near three Hours. The Lords Cowper and Anno 13 Annæ,' Hallifax, the Earl of Sunderland, and fome other Peers, 1714. made feveral Speeches for the Affirmative. But the Lord Viscount Bolingbroke, the Earl of Anglesea, the Duke of Bucks, the Earl of Abingdon, and the Lord Chancellor, in- Earl of Sunderfifted on the Negative, which was, at last, carried by 62 land.

Lord Cowper.
Lord Hallifax.

E. of Anglefea.

Votes against 48. After this, it was moved, that the Dif. Lord Viscount] fenters might, at leaft, be fuffered to have School Miftreffes, Bolingbroke. to teach their Children to read, which, after a Debate of E. of Abingdon. about an Hour, was carried, without dividing: As was alfo Duke of Bucks. a Clause, That this Act should not extend to any Perfon Lord Chanwho fhould infruct Youth in Reading, Writing, Arithmetic, cellor. or any Part of Mathematical Learning only, fo far as fuch Mathematical Learning relates to Navigation, or any Mechanical Art only.' Then their Lordships examined that Part of the Bill, whereby the Conviction of Offenders against this A& was left to the Juftices of the Peace; and, after a warm Difpute, it was carried by a Majority of 59 Votes against 54, that the Conviction fhould be in the ordinary Courfe of Justice, viz. upon an Information, Prefentment, or Indictment, in any of her Majefty's Courts of Record at Westminster, or at the Affizes, or before Juftices of Oyer and Terminer. The Court-Party finding, by this iaf Divifion, that they loft confiderable Ground, and being apprehenfive, that other Amendments, which would render the Bill altogether ufelefs, might be carried, moved, that the Chairman fhould leave the Chair, in order to adjourn; but tho' the contrary Party, at firit, oppofed it, yet, after fome Debate, upon the Penalties to be inflicted on the Offenders, both Houfe adParties being equally tired, the Houfe adjourned to the next journed. Day.

Accordingly, on Thurfday the 10th of June, the Lords The Debate rein a Committee of the whole Houfe, refumed the Debate newed. about the Penalties; and fixed the fame to three Months Imprisonment; after which it was moved, and agreed, That Perfons aggrieved might appeal from ecclefiaftical Cenfures,

as in Cafes of ordinary Jurifdiction. A Claufe was afterwards Tutors in the propofed, and carried to exempt from the Penalties of this Families of Peers exempt. Act, any Tutor who fhall be employed by any Nobleman, or Noblewoman, to teach in their Families, provided fuch Tutor do, in every Refpect, qualify himself according to this A&t, except only in that of taking a Licence from the Bifhop. There was no Divifion upon thele Questions, but the Debate lafted till fix in the Evening.

The next Day, their Lordships, ftill in a grand Commit Earl of Angletee, confidered further of the Bill to prevent the Growth of fea's Motion for Schifm, &c. And the Earl of Anglefea moved, that a Clause

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a Claufe to extend the Bill to night Ireland.

1714.

Carried in the
Affirmative.

Anno 13 Anna, might be inferted in it, to extend this Act to Ireland: Which, after fome Debate, was carried in the Affirmative, by the Majority of one Voice only; after which it was ordered, that the Amendments made to the Bill should be reported to the House the Monday following. Accordingly, Reported by the on the 14th of June, the Archbishop of York made the faid Abp. of York. Report; and feveral fevere Speeches were made against the Chaufe, to extend this Bill to Ireland; particularly by the Oppofed by the Duke of Shrewsbury, Lord Lieutenant of that Kingdom, who Duke of Shrewf- being just returned from thence, took, that critical Day, his Seat in the Houfe: But the Queftion being put, it was carried by 57 Votes against 51, that the faid Clause should stand, and ordered that the Bill, with the other Amendments which were appproved, fhould be engroffed. The next Day, the faid engroffed Bill was read the third time, and after a small The Bill paffed. Debate, it was carried by 77 Votes against 72, that the Bill do pafs. This done, the Lords fent a Meffage to the Commons, that they had agreed to the faid Bill with Amendments, to which they defired the Concurrence of that House.

bury.

Proteft thereon.

On which Occafion was entered the following Proteft:
Diffentient'

We cannot apprehend (as the Bill recites) that great Danger may enfue from the Diffenters, to the Church and State, Becaufe, 1. By Law no Diffenter is capable of any Station which can be fuppofed to render him dangerous.

2. And fince the feveral Sects of Diffenters differ from each other as much as they do from the Established Church, they can never form of themfelves a National Church; nor have they any Temptation to fet up any one Sect among them: For in that Cafe, all that the other Sects can expect, is only a Toleration, which they already enjoy by the Indulgence of the State; and therefore, it is their Intereft to fupport the Established Church against any other Sect that would attempt to deftroy it.

II. If, nevertheless, the Diffenters were dangerous, Severity is not fo proper and effectual a Method to reduce them to the Church, as a charitable Indulgence, as is manifest by Experience, there having been more Diffenters reconciled to the Church fince the Act of Toleration, than in all the Time fince the A&t of Uniformity, to the Time of the faid Act of Toleration, and there is fcarce one confiderable Family in England in Communion with the Diffenters: Severity may make them Hypocrites, but not Converts.

III. If Severity could be fuppofed ever to be of Ufe, yet this is not a proper Time for it, while we are threatened with much greater Dangers to our Church and Nation,

against

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against which the Proteftant Diffenters have joined, and are Anno 13 Anna, ftill willing to join with us in our Defence; and therefore we fhould not drive them from us; by enforcing the Laws against them, in a Matter which, of all others, must most fenfibly grieve them, viz. the Education of their Children; which reduces them to a Neceffity either of breeding them in a way they do not approve, or of leaving them without InAruction.

IV. This must be the more grievous to the Diffenters, because it was little expected from the Members of the Eitablifhed Church, after fo favourable an Indulgence as the Act of Toleration, and the repeated Declarations and Profeffions from the Throne, and former Parliaments, against all Profecution, which is the peculiar Badge of the Roman Church, which avows and practifes this Doctrine; and yet this has not been retaliated even upon the Papifts, for all the Laws made against them have been the Effects and just Punishment of Treafons, from time to time committed against the State: But it is not pretended that this Bill is defigned as a Punishment of any Crime which the Proteftant-Diffenters have been guilty of against the Civil Government, or that they are difaffected to the Proteftant Succeffion, as by Law eftablifhed; for in this their Zeal is very confpicuous.

V. In all the Inftances of making Laws, or of a rigid Execution of the Laws against Diffenters, it is very remarkable, that the Defign was to weaken the Church, and to drive them into one common Intereft with the Papifts, and to join them in Measures tending to the Deftruction of it. This was the Method fuggefted by Popish Councils, to prepare them for the two fucceffive Declarations in the Time of King Charles II. and the following one ifflued out by King James II. to ruin all our civil and religious Rights: And we cannot think that the Arts and Contrivances of the Papifts to fubvert our Church, are proper Means to preferve it, efpecially at a Time when we are in more Danger of Popery than ever, by the Designs of the Pretender, fupported by the mighty Power of the French King, who is engaged to extripate our Religion, and by great Numbers in this Kingdom, who are profeffedly in his Interefts.

VI. But if the Diffenters fhould not be provoked by this Severity, to concur in the Destruction of their Country and the Proteftant Religion, yet we may justly fear they may be driven by this Bill from England, to the great Prejudice of our Manufactures, for, as we gained them by the Perfecution Abroad, fo we may lofe them by the like Proceed ings at Home.

Laftly,

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