advantage, preeminence, or emolument, not by Nature, but institution, you order and modify it with all the power of a creator over his creature.  Such benefits of institution are royalty, nobility, priesthood, all of which you may limit to birth; you might prescribe even shape and stature.  The Jewish priesthood was hereditary.  Founders’ kinsmen have a preference in the election of fellows in many colleges of our universities:  the qualifications at All Souls are, that they should be optime nati, bene vestiti, mediocriter docti.

By contending for liberty in the candidate for orders, you take away the liberty of the elector, which is the people, that is, the state.  If they can choose, they may assign a reason for their choice; if they can assign a reason, they may do it in writing, and prescribe it as a condition; they may transfer their authority to their representatives, and enable them to exercise the same.  In all human institutions, a great part, almost all regulations, are made from the mere necessity of the case, let the theoretical merits of the question be what they will.  For nothing happened at the Reformation but what will happen in all such revolutions.  When tyranny is extreme, and abuses of government intolerable, men resort to the rights of Nature to shake it off.  When they have done so, the very same principle of necessity of human affairs to establish some other authority, which shall preserve the order of this new institution, must be obeyed, until they grow intolerable; and you shall not be suffered to plead original liberty against such an institution.  See Holland, Switzerland.

If you will have religion publicly practised and publicly taught, you must have a power to say what that religion will be which you will protect and encourage, and to distinguish it by such marks and characteristics as you in your wisdom shall think fit.  As I said before, your determination may be unwise in this as in other matters; but it cannot be unjust, hard, or oppressive, or contrary to the liberty of any man, or in the least degree exceeding your province.  It is, therefore, as a grievance, fairly none at all,—­nothing but what is essential, not only to the order, but to the liberty, of the whole community.

The petitioners are so sensible of the force of these arguments, that they do admit of one subscription,—­that is, to the Scripture.  I shall not consider how forcibly this argument militates with their whole principle against subscription as an usurpation on the rights of Providence:  I content myself with submitting to the consideration of the House, that, if that rule were once established, it must have some authority to enforce the obedience; because, you well know, a law without a sanction will be ridiculous.  Somebody must sit in judgment on his conformity; he must judge on the charge; if he judges, he must ordain execution.  These things are necessary consequences one of the other; and then, this judgment is an equal and a superior violation of private judgment; the right of private judgment is violated in a much greater degree than it can be by any previous subscription.  You come round again to subscription, as the best and easiest method; men must judge of his doctrine, and judge definitively:  so that either his test is nugatory, or men must first or last prescribe his public interpretation of it.