letter of the conftitution. The whole feems to turn upon the part which we shall quote. If this is not juft, the rest must fall to the ground. Let the reader therefore judge for him

felf.

"The infatuated conduct of King James confirmed all the apprehenfions, that had been entertained of danger in a popith King. It was then seen, that some stronger measure must be taken, than any yet tried, for fecuring both church and ftate against this enemy to civil liberty, no less than to the practice of pure religion; an opportunity was offered by King James abdicating the throne, and leaving King William to take quiet poffeffion of the fupreme power. Now was the time for framing fome fundamental conftitutions of the realm,, that should remain unalterable, and thus contribute to fecure pofterity, as well as the prefent time, against the dangers of Popery, which had at last worn out the patience of Proteftants in the repeated ftruggle to maintain their religion and liberties.

"To make unalterable laws seems to be an impoffibility arising from the very omnipotence of parliament itfelf; for every fucceeding legiflature has the fame power to alter, that the former had to enact. But though the fupreme power cannot be reftrained in ability, those who exercife it may be withholden by the check of conscience. Fortunately for us, our conftitution is fuch, that the fupreme power of the state is not lodged in any body or bodies of men, which, we may fay without offence, are in their nature lefs likely to be influenced by fuch fanctions than one perfon; but refides in the King, who makes and executes the law by the afliftance of fuch advisers and counfellors as the ufage of the realm has affigned him. The politicians of that day faw, that they had no way of fecuring unalterably the Proteftant religion, nor any way of binding their pofterity, but by binding the King, whofe political character gave a fort of individuality to the nation; and who, in all fucceffion of time, might fet himfelf against every attempt that should be made, even by his ministers and parliament, to repeal the Proteftant conftitution, which they then intended to fix for ever. They accordingly refolved to ftipulate with the King, to bind himself in a folemn oath, at his Coronation, to do his utmost so to maintain it; and they refolved that the fame oath, being taken by every fucceeding monarch, fhould operate as a renovation of the fentiments they wished to perpe tuate; fo that whatever changes might happen in the minds of minif ters or parliaments, no defire of innovation, no coolnefs about the interefts of the Church, or indifference about religion in general, in the advisers of the Crown, fhould be an excufe or a juftification to the King for following their advice; but that he fhould, on all fuch occafions, recur only to the obligation of his own oath, and refuse all alterations, though fuggefted to him by the lawful advisers of the Crown, if they appeared to him, in his confcience, to be incompatible with it. "This feems to have been the refolution of thofe great men, who combined their counfels to form the fettlement on King William; and fuch feems to me, to be the only construction that can be put on this claufe of the Coronation Oath, framed at that time. The Coronation Oath, as prescribed by Stat. 1. W. and M. X

BRIT. CRIT. VOL. XVII, MARCH, 1801.

c. 6.

c. 6. confifts of four claufes. The first and fecond feem to me, to fe late only to what is called the King's Executive capacity; the third relates to his Legiflative capacity; the fourth is a general engagement to obferve the fpecific ones he had before made. In the two first, he engages to carry on his government, conformably with the laws already made; in the third, he engages to adhere to certain principles, in confenting to laws, that are to be made. The former of thefe engagements was no other restraint than had exifted from the earliest times of our Conftitution: our Kings were always bound to govern according to the known laws of the realm; but the latter was a reftriction, that had not before been impofed upon them. There had been notions entertained by fome, that our Kings were bound to pass fuch laws, as were agreed upon in Parliament; but this novel reftriction called upon them to reject the laws offered to them by Parliament, if they appeared inconfiftent with the folemn obligation of this Coronation Oath. This novel reftriction was, however, confined to matters of religion only, which had been the recent caufe of fuch uneafinefs, and had been the immediate caufe of the Revolution itself.

"The following are the terms of the Oath; the two firft claufes are administered by the Archbishop in these words :

"Will you folemnly promife and fwear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the Statutes in Parliament agreed on, and the laws and customs of the fame? "Will you to your power, caufe law and juftice in mercy to be executed in all your judgments?

The fecond branch of the engagement is administered to the King, by the Archbishop in thefe words:

" Will you to the utmost of your power, maintain the laws of God, the true profion of the Gospel, and the Proteftant reformed religion established by law? And will you preferve unto the Bishops and Clergy of this Realm, and to the churches committed to their charge, all fuch rights and privileges as by law do, or shall appertain unto them, or any of them?

That this laft claufe relates to the power of the King, in making laws, and not to that of carrying them into execution, I think, is plain for two reafons: 1ft, As the two first claufes incontrovertibly relate to the Executive Government, which he engages to carry on, according to the Statutes in Parliament agreed on, and the laws and cuftoms; and further, to cause law and justice in mercy to be executed; the church was as much within the benefit of thefe general engagements, as any other fubject in the State; and it would have been fuperfluous to fubjoin any special provifion, if it went no further, than the general one. 2dly, if the words, Religion established by law, are to be conftrued as meaning, "laws that thall at any time be made" for the eftablishment of religion, it would, in the first place, go no further, than the general claufe had before gone, and fo would be without any particular effect; in the next place, the King might then affent to one law after another, fo as to have, at laft, no church left to maintain, and might thus, by his own act, difburthen himself of the obligation he entered into for maintaining it; this would make the whole claufe nugatory, and would reduce to a mere nothing, what has the appearance of having been penned with great anxiety, and for the purpose

of

of placing the church under the protection of the King, in a more efpecial manner, than the State itself.

"I think, therefore, I am warranted in concluding from the wording, and fair conftruction of the whole, when compared together, that this claufe lays upon the King an obligation to watch over any laws, that may be propofed to him by his Parliament, for alteration in church matters, with more confcientious folicitude, than he exercifes on other occafions of legislation. In fact, the claufe was fo underflood at the time; for, it appears, when it was under debate in the House of Commons, there was an amendment proposed, that inftead of religion eftablished by law; it fhould be worded, AS SHALL BE eftablished by law; in order, fay they who argued in fupport of this amendment, that the King may not be reftrained by this Oath, from confenting to the alterations, which it was then in contemplation to make, for tolerating Protellant Diffenters, in the free exercife of their religion: thofe, however, who were for the original motion, feem to have confidered this point as fufficiently faved to the King by the wording as it ftood, and the amendment was accordingly thrown out. (See Grey's Debates, March 28, 1689.)

“I think, then, I am fully warranted, as well by the letter of the claufe, as this hiftory of its formation, to conclude, that its object was to bind the King, in the article of legiflation, to maintain the church as eftablished by law, at the time of his taking the Oath, and not merely to direct him in the execution of laws when made; though, I think, the words would not have their full force, and the evident defign of the framers would be materially difappointed, if the Oath was not conftrued to comprehend every exercise of the royal function, where the interests of the church may be concerned.

"In fuch manner, did the conductors of that great tranfaction, still dreading the dangers from which they had efcaped, think it wife, and neceffary to make more efpecial provifion for maintaining the Proteltant Religion. They left the Sovereign in full, and unqualified poffeffion of all the difcretion, as well as the power, of affenting to laws in other cafes, according to his judgment, and that of those who were his advisers: but in what related to the high matter of religion, they thought it prudent, and juftifiable, to guard him against the counfels of his lawful and conftitutional advifers, and to guard him, if poffible, even against himself; that in the waverings of his own mind, upon doubtful fuggeftions of expediency, he might have recourse to his confcience for fupport, and plead that, against every reafon and argument that fhould be urged to the contrary; fo that neither the fear of evil, nor the flattering profpect of any fpecious good, should prevail with him, upon temporary confiderations, to compromife the permanent interefts committed to his charge; but that he should be able to fay to his advífers, whether they are his minifters, or his parliament: Our forefathers have left you to advife and to act according to the best of your judgment, they have impofed no Oaths upon you to maintain the church, more than the State; they have thought fit to bind me, as none of my fubjects are bound; I cannot confent to a measure, that I think fo contrary to my engagement; whatever comes of

X 2

it,

it, 1 muft leave the confequences to God, who is witnefs to the obligation I am under." P. zi.

The whole of the argument is now before the reader, and he will neceffarily obferve that it is entirely confined to England; it does not at all affect Ireland, about which, indeed, nothing is faid; and the writer only feems to defire to imprefs the following idea upon his countrymen :

That Catholics fhould not be admitted into our government; but if Ireland had continued a feparate kingdom, they might have been admitted there.

The Appendix contains Obfervations on Three Pamphlets, written by Mr. Butler, who is forcibly and effectually answered; and, we think, when they fhall have attentively perufed the following paragraphs, the reader will think fo too.

"Mr. Butler fays, that the Oath can only mean the Proteftant Reli gion, as from time to time, it should be the Church Eftablishment of the Country, and that, it would be abfurd in the extreme, unconflitutional, and perhaps treasonable (which cannot, upon fecond thoughts, be meant by Mr. Butler) to contend, that the expression in question, precludes His Majefty from concurring with both honfes of parliament in any legislative act whatever. I have urged fo much in favour of a different conftruction, that I need add nothing here, to fhew that this Oath does restrain the King from concurring with both houses, in making fuch a law, if he thinks it will prejudice the maintenance of the established church. I diffent entirely from Mr. Butler's conftruction on the late acts paffed by the King, for granting indulgencies to Catholics; for it appears to me perfectly confiftent to grant what has been granted, and yet refufe what is now afked.

"Neither do I agree in the inference drawn by Mr. B. from this circumftance; viz. that Papifts fat in the Irish Parliament, at the time when the Coronation Oath was enacted by 1. W. and Ma. and were not excluded till Stat. 3. and 4. W. and Ma. and Stat. 1. and 2. Ann. He infers, that the Coronation Oath can only refer to the fyftem of Law, which was in force, when the Act which prefcribed it, was paffed. I beg leave to question the juftnefs of this inference; for, according to my conception of the Oath, it must refer to the fyftem of law that is in force, not when the act was paffed, but when the Oath was taken; fo that every fucceffive King binds himself to maintain the church, in the ftate in which he finds it at his acceffion. This is the utmost the King can be expected to undertake; and fo far the Oath leaves a poffibility of performance; but how is he to engage to bring back the church to the ftate it was in, when his predeceffors had the government of it? I fubmit this as an anfwer to Mr. B.'s inference, not as an obfervation that much applies, fince Ireland is become by the Union a part of Great Britain; for his argument, if a juft one, could only apply to an Irish parliament, and never can be pretended as a reafon for admitting Catholics into a parliament of Great Britain." P. 60.

As

As far as we can penetrate into the motives and intentions of the author, in publishing this pamphlet at fo early a period, they appear to have been fuggested by the strongest spirit of loyalty, and perfonal attachment to his fovereign. He feems to have apprehended, and to have taken alarm at the idea, that the King might poffibly be expofed to very finifter conftruction, from his peremptory refufal to concur in a measure, the oftenfible object of which was the public good. He was doubtlefs actuated by the defire, to let the public fee that the Sovereign was bound by the law and conftitution, to adhere thus ftrictly to the fettlement made in the time of King William; and by the loyal with, that the Father of his People might have some one to explain for him the probable motives which might operate on his mind, in a matter of fuch magnitude. We helitate not to declare our opinion, that this aim has been temperately purfued, and fuccefsfully accomplished, in the present fenfible and fpirited production.

ART. XIII. A Differtation on the Learning and Infpiration of the Apofles. By William Feffe, M. A. Chaplain to the Earl of Glasgow. 8vo. 75 pp. 1s. 6d. Robinfons. 1798. ART. XIV. On the Scriptures; being a View of the Truth and Importance of the Holy Scriptures, and of the Unity of Defign and Harmony of Doctrine in the Old and New Teftaments. Intended to encourage the Study of the Scriptures in the English Tranflation of the Bible. To which is annexed, a Sermon, preached at the Vifitation of the Archdeacon of Stafford. By William Feffe, M. A. Chaplain to the Earl of Glasgow. 8vo. 347 pp. 6s. Beckett. 1799.

WHEN by any accident our account of a book has been delayed longer than in propriety it ought, we feel anxious to make the best amends in our power to the author; and, if the work appears valuable, to the public alfo, by placing it in a confpicuous point of view. There is every reafon to obferve this conduct in the prefent inftance; and therefore, though the former of these is a small tract, we have united them in this place, and fhall give our opinion of them together.

Nothing can be more useful than the defign of the tract on the Learning and Infpiration of the Apofties*. To reprefs

The accident by which this tract was fo long laid aside, notwithftanding many just claims to our notice, is not worth explaining; but it was perfectly unconnected with any intention of neglect.

the