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he who cannot give security for his behaviour to both, may-with as much reason be deprived of some civil advantages, as he, who, before the union, could not give security to the state alone.

The matter, therefore, of greatest concern remains to be enquired into; namely, how the equity of a testlaw can be deduced from those principles of the lawy of nature and nations, by which we have so clearly proved the justice of an Established Religion. But here, as before, in the case of an establishment, it is not to my purpose to defend this or that national form or mode of test; for it may so happen (I wish I could say it has not happened) that the very worst may be employed, where the dangers are pressing, or the passions of men inflamed; but to defend a TEST-LAW in general. By which I understand some sufficient proof or evidence required from those admitted into the administration of public affairs, that they are members of the religion established by law.

And, in shewing the justice, equity, and necessity of a test-law, I shall proceed in the manner in which I set out, and have hitherto observed, of deducing all my conclusions, in a continued chain of reasoning, from the simple principles at first laid down.

Hitherto I have considered that alliance, between church and state, which produces an establishment, only under its more simple form, i. e. where there is but one religion in the state. But it may so happen, that either at the time of convention, or afterwards, there may be more than one.

I. If there be more than one at the time of convention, the state allies itself with the LARGEST of these religious societies. It is fit the state should do so, because the larger the religious society is, where there


is an equality in other points, the better enabled it will be to answer the ends of an alliance; as having the greatest number under its influence. It is scarce possible it should do otherwise; because the two societies being composed of the same individuals, the greatly prevailing religion must have a majority of its members in the assemblies of state ; who will naturally prefer their own religion to any other.

With this religion is the alliance made; and a full TOLERATION given to the rest, in esse, or in posse *. Yet under the restriction of a TEST-LAW, to keep them from hurting that which is established.

From this account of the origin of a test-law may be deduced the following COROLLARIES concerning an establishment. For,

1. From hence may be seen the reason why the episcopal is the established church, in ENGLAND; and the presbyterian the established church in ScoTLAND; and the equity of that CONVERSION ; which our adversaries have represented as so egregious an absursidity, in point of right, that it is sufficient to discredit the reason of all establishments.

2. Hence too may be seen the truth of what was before observed, concerning the DURATION of this alliance : that it is PERPETUAL, but NOT IRREVOCABLE; i. e. it subsists just so long as the church, thereby established, maintains its superiority of extent: which when it loses to any considerable degree, the alliance becomes void. For the united church being then no longer able to perform its part of the convention, which is formed on reciprocal conditions, the state becomes disengaged. And a NEW ALLIANCE * See note [A] at the end of this Book.


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is, of course, contracted with the now prevailing church, for the reasons which made the old. Thus, formerly, the alliance between the PAGAN CHURCH and the empire of Rome was dissolved; and the CHRISTIAN established, in its place : and, of late, the alliance between the POPISH CHURCH and the kingdom of England was broken; and another made with the PROTESTANT, in its stead.

II. If these different religions spring up after the alliance hath been formed; then, whenever they become considerable, a test-law is necessary, for the security of the established church. For amongst diversities of religions, where every one thinks itself the only true, or, at least, the most pure, every one aims at rising on the ruins of the rest * : which it calls, bringing into conformity with itself. The means of doing this when reason fails, which is rarely at hand, and more rarely heard when it is, will be by getting into the public administration, and applying the civil power to the work. But, when one of these religions is the established, and the rest under a toleration, then envy at the advantages of an establishment will join the tolerated churches in confederacy against it, and unite them in one common quarrel to disturb its peace. In this imminent danger, the allied church calls upon the state, for the performance of its contract; who thereupon gives her a TEST-LAW for her security : whereby an entrance into the administration (the only way, the threatened mischief may be effected) is shut to all but members of the established church. So when the sectaries, in the time of Charles the First, had, for want of this law, overturned the church of England; as soon as the government was restored, and replaced on its old foundations, the legislature thought fit to make a test-law * (though with the latest ; and, what was worse, with the narrowest views) to prevent a repetition of the like disasters. A law, on its first enacting, confessed, on all hands, so equitable as well as expedient, that the celebrated lord Digby, then earl of Bristol, eminent for his parts of speculation and business, though at that time a papist, largely acknowledged the high wisdom of it, by arguments of great weight and validity. When the Bill was first brought into the House of Lords, the noble earl delivered his mind to this effect :-“He declared him" self a catholic of the church, not of the court, of “ Rome; and therefore spoke as a faithful member of a Protestant parliament. The bill, he observed,

* See an historical narration of the conduct of the early Puritáns to make their discipline national in spight of the civil magistrate, in a curious account printed 1593, and intitled, “ Dangerous Po“ sitions and Proceedings published and practised within this " Island of Brytaine, under pretence of Reformation and for the « Presbiterial Discipline."


was brought up from the House of Commons, the

rèpresentatives of the people, and consequently “ the best judges of the temper of the nation. A “ bill as full of moderation towards Catholics, as of “ prudence and security towards the religion of the “ state: all the particulars of it being reduced to this

one intent, NATURAL TO ALL SOCIETIES OF MEN, “ of hindering a lesser opposite party from growing “ too strong for the greater and more considerable

And in this just way of prevention (says he) « is not the moderation of the House of Commons

to be admired, that they have restrained it •to this " sole point of DEBARRING THEIR ADVERSARIES



* In 1671.

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46 timents

“ timents of a Catholic of the church of Rome may “ oblige me, upon scruple of conscience in some par“ ticulars of this bill, to give my negative to it, when “ it comes to passing; yet as a member of a' Pro“ testant parliament my advice prudentially cannot “ but go along with the main scope of it.”

Thus a TEST-LAW took its birth; whether at, or after the time of alliance. And from this moment the justice and equity of an ESTABLISHED CHURCH began to be called in question. It will be therefore proper, in the next place, to shew that the state is under the highest obligations to provide the church with this security.



WE have now proved the equity and necessity of the Alliance between Church and State; and have therefore a right to use it as a principle, in our further inquiry.


I. By this alliance, the state promised to protect the church, and to secure it from the injuries and insults of its enemies. An attempt, in the members of any other church, to get into the administration, in order to deprive the established church of the covenanted rights which it enjoys, either by sharing those advantages with it, or by drawing them from it, is highly injurious. And we have shewn, that where there are diversities of religions, this attempt will be always making: the state then must defeat that attempt: But there is no other way of doing it, than by


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