1 O y Co»«fH , ^rtid 2 HISTORICAL ACCOUNT *y the A& of Toleration, in the firft year of king William's reign. From the 35th Eliz. ch. 2. arofe alfo the diftin&ion, between papifts, and perfons profeffing the popifh religion, and popiih recuiants, and popiih recufants convict. Notwithstanding the frequent men- tion in the ftatutes, of papifts and perfons profeffing the popiih religion, neither the ftatutes themfelves, nor the cafes adjudged upon them, prefent a clear notion of the a6ts or circumftances that, in the eye of the law, conftituted a papiji, or a perfon profeffing the popijh religion. When a perfon of that de- scription abfented himfelf from church, he filled the legal defcription of a popijh recn- fant: When he was convicted in a court of law of abfenting himfelf from church, he was termed in the law a.popi/h recufunt couvitt. — To this, muft be added the corjiruciive recn- fancy hereinafter mentioned to be incurred by a refufal to take the oath of fupremacy.— With refpect to the ftatutes againit recu- fency; by thefe ftatutes, popiih recuiants con-» victwere puniihable by the cenfures of the church, and by a fine of £.20. for every month, during which, they abfented them- lelves from church ; they were difabled from holding offices or employments ; from keep- ing arms in their bonus : from maintaining actions or fuits at law or in equity; from be- ing executors or guardians ; from prcfenting to advowfons ; from practifing in tlu law or phyfic ; and from hold.ng offices, civil or mi- litary ; they were fubject to the penalties at- tending tend iug excommunication, were not per- mitted to travel five miles from home, unlets by licence, upon pain of forfeiting all their goods ; and might not come to court under pain of i.ioo. A married woman, when convicted of rccufancy, was liable to forfeit two thirds of her dower or jointure : ihe could not be executrix or admin iltratrix to her hufband, nor have any part of his goods ; and, during her marriage, Ihe might be kept in prifon, unlefs her hulband redeemed her at the rate of £. 10. a month, or the third part of his lands. Popifh reculants convict were, within three months after conviction, either to fubmit and renounce their religious opi- nions, or, if required by four juftices, to ab- jure the realm; and if they did not depart, or if they returned without licence, they were guilty of felony, and were to fuffer death as felons. — (See the ftatutes referred to under the former head.) I. 3. As to the penalties or difabilities at- tending the refufal of Roman catholics to take the oath of fupremacy, the declaration againji tranjubJian f iation, and the declaration againjt popery : itmufi i*c prenhied, that, the Roman catholics make no objection to take the Oath of Allegana, 1 G. 2. c. 13. ox the Oath of Ab- juration, 6 L co. 3. c. 53. — B it It reflect to the Oath of Supremacy,*' — by the ill Elizabeth, eh. 1 . the perfons therein mentioned were made compellable to take the Oath oi" .Supremacy contained * AH the Oaths and Declarations mentioned iii the text arp printed in the Appendix. 8 contained in that aft : by the 3d of kin- James the ift, ch.4. another oath was pre- fcribed to be taken, commonly called the Oath of Allegiance and Obedience : thefe oaths were abrogated by the ift of king William and queen Mary, feff. 1. eh. 8. and a new oath of allegiance and a new oath of fupremacy were introduced, and required to be taken in their ftead : the ftatute made in the 2d fef- fion of the ift year of king George the ift, ch. 13. contains an oath of fupremacy, in the fame words, as the oath of fupremacy, re- quired to be taken by the ift of king Wil- liam and queen Mary. By that oath, perfon* are made to fwear, that « no foreign prince, « perfon, prelate, ftate or potentate, hath, 01 « ought to have, any jurifdi&ion, power, fu- « premacy, pre-eminence or authority, eccle- " fiafticai or fpiritual, within the realm. It was required to be taken by the perfon. therein named; it might be tendered to any perfon, by any two juftices at the peace; and perfons refufmg the oath fo tendered were adjudged to be popifh recufants con- vict, and to forfeit and be proceeded agamit, as luch. This was the CovjirHctive Recnjancy referred to above. It was not the odenee itfelf of recufancy, which, as we have already obferved, confifted merely in the party, abfenting himfelf from church; it was the offence of not taking the oath of fupremacy and the other oaths prefenbed by the act or 1 Oeo. 1. the refuial of which, was, by that ftatute, placed on the fame footing, as a legal conviction "9 •onvictioh on the ftatutes of recufancy, and fubjecied the party refufing to the penalties of' thole ftatutes. This was the mod fevere of all the laws againft papifts. The punifh- ment of recufancy was penal in the extreme ; and the perfons objecting to the oath in quef- tion, might be fubjecied to all the penalties of recufancy, merely by their refufing the oath, when tendered to them. It added to the penal nature of thefe laws, that, the oath in queltion, might be tendered, at the mere wdl of two jutlices of peace, without any previous information or complaint before a magiftrate, or any other perfon. Thus, by refufmg to take the oath of fupremacy, when tendered to them, they became liable to all the penalties of recufancy : and the fame re- fufal, by 7 & 8 Wm. 3. ch. 4. and 1 Geo. 1. ft. 2. ch. 13. reftrained them from pra&ifing the law as advocates, bamftcrs, folicitors° attornies, notaries, or proctors, and from voting at elections. I. 4. With refpecl to receiving the Sacra- ment of our Lord's Supper: By the i3Chy. 2. (commonly called the Corporation Act), no perfons can be legally elected to any office, relating to the government of any city or cor- poration, unleis within a tvvelvemontn before he has received the facrament of the Lord's fupper, according to the rites of the church of England ; and he is alio enjoined to take the oaths of allegiance and fupremacy, at the fame time, that, he takes the oath of office, or, in B default 10 default of either of thefe requifites, fnch elec- tion llia.ll be void. 1. 5. As to the Declaration againft Tranfub- ftantiation : By the 25th Car. 2. eh. 2. (com- monly called the Tejl Act}, all officers, civil and military, are directed to take the oath, and make the declaration againft tranfubftan- tiation, in the court of King's Bench or Chancery, the next term, or at the next quar- ter feftions, or (by fublequent ftatutes), within nx months, after their admiffion, and alio, within the fame time, to receive the facrament of the Lord's fupper, according to the ufage of the church of England, in fome public church, immediately after divine fervice and fermon : and to deliver into court, a certificate thereof, figned by the minifter and church- warden ; and alio to prove the fame, by two credible witueffes, upon forfeiture of =£'.500. and di lability to hold the office. I. 6. With refpecl to the declaration againjt popery: The act pail in the 30th year of Car. 2. ft. 2. ch. 1. contains the declaration, and prefcribes it to be made, by members of either houfe of parliament, before they take their feats. By it, they declare their diibelief of the doctrine of tranfubftantiation, and their belief, that the invocation of faints, and the ihcrifice of the mal's, are idolatrous. I. 7. With refpecl to the laws affecliug their landed property;. — How this was affected by i lie laws againft recufancy, has been already mentioned. By the 11 & 12 YV. 3- ch - 4- it II it was enacted, that, a pcrfon educated in th« popilh religion, or profefiing the lame, who did not in fix months, after the age of fixteen, take the oaths of allegiance and fupremacy, and fubferibe the declaration of the 30th Cha. 2. mould, in rei'pect of himielf only, and not of his heirs or poiterity, be di fabled to inherit, or take lands by defcent, devife, or limitation, in poU'eilion, reverfion, or remain- der: and that, during his life, till he took the oaths, and fubferibed the declaration againft popery, his next of kin, who was a proteftant, Ihould enjoy the lands, without accounting for the profits ; and Ihould be incapable of purcliafirig ; and that, all eliates, terms, inte- rests, or profits out of lands, made, done, or iuffered to his uie, or in truft for him, ihould be void. By 3 Jae. 1. Ch. 5. 1 W. & M. c 26. 12 Ann, ft. 2. c. 14. and 11 Geo. 2. c. 17. papifts, or perlbns profeffing the popifh religion, were difabled from pretending to advowfohs, and other ecclefiaftical benefices, hud to hofpitals and other charitable eitabhfh- ments. By annual acts of the legiflature, papifts being of the ;ige of 18 years, and not having taken the oaths of allegiance and iupremacy, were fubjected to the burinen of the double land-tax. By a ftatute made in the fecond feiiion of the lit year of Geo. 1. ch. 55. they were required to regifter their names and eftates in the manner, and under the penalties, therein mentioned ; and by the 3d Geo. 1. c. 18. continued by feveral fubfe- tjuent ftatutcs, an obligation of enrolling their B 2 deeds 12 deeds and wills was impofed on txiem. Such were the principal penal laws againft Roman catholics, immenjus aliarum fuper alias acer- vatarum legum cumulus (Liv. 3. 34.), at the. time of the acceffion of the houfe of Bmnf- wick. II. "With respect to the laws which have been past, since the accession of the bkunswick family, for the re- lief of roman catholics: II. 1. The only ac~t of any importance, which, till the reign of His prefent Majefty, was pad for their relief, (and that operated but in an indirect manner for their benefit), was the aft of the $d Geo. 1. c. 18. On the conftruction of the 11 & 12 W 1x1.3. ph. 4. it had been held, that, as it exprefsly con- fined the difability of papifts to take by de- fcent to themfelves only, and preferved their heirs and poftcrity from its operation, it was not to be conftrued as preventing the veiling of the freehold and inheritance in them, in cafes of defcent, or tranfmitting them to their poftcrity: but that, the difability refpecled only the permanency of the profits, or bene- ficial property of the lands, of which it de- prived them, during their nun-conformity. Whether that part of the (iutute, which relates to their taking by purchase, fliould receive the fame conftruction, was a frequent fubjeet of difcuffion, the ftatute being, in that branch of it, without any limitation. To remedy this, *3 the act, we are fpeaking of, was paft. It enacts, that, no fale for a full and valuable coufuiera- tion, by the owner or reputed owner of any lands, or of any intercft therein, theretofore made, or thereafter to be made, to a proteftant purehafer, (hall be impeached, by reafon of any difability of fuch papilt, or of any peribu under whom he claims, in conlequence of the 11 & 12 W. 3. unlefs the perfon taking advantage of this difability, ihall have re- covered before the fale, or given notice of his claim to the purehafer, or before the con- tract for fale, fhall have entered his claim at the quarter feflions, and bona jide purfued his remedy. The act then recites the claufes of the 12 8c 13 W. 3. difabling papifts from purchafing; and afterwards enacts, that, thefe claufes lhall not be thereby altered or re- pealed, but lhall remain in full force. Thu$ the laws againft the Roman catholics flood, at the time of the accellioa of His preient Majefty. During his reign, two ac~ts, each of great importance, have been paft in their favour. II. 2. By the iStk of his reign, ch. 60. it was enacted, that, fo much of the 11 8c 12 W. 3. as related to the profecution of popilh priefts and jefuits, and nnprifoning for life papifts, who keep fchoois, or to difabie pa- pifts from taking by defcent or purchafe, ihould be repealed, as to all papifts or per- fons profelling the popilh religion, claiming under titles not theretofore litigated, who, within fix months alter the act pair, or their coming '4 coming of ago, fliould take the oath thereby preicribed. II. 3. With refpeci to the aH of the 31 jl of His prefent Majejty, cap. 32. That ftatute may be divided into iix parts: The lit, con- tains the declaration and oath afterwards re- ferred to iti the body of the ajt, and prefcribes the method of taking it: The 2(1, is a repeal of the ftatutes of rccufaucy, in favour of per- iods taking the oath thereby preicribed : The 3d, is a toleration, under certain regulations, of the religious worfhip of the Roman catho- lics, qualifying in like manner, and of their fchools for education : The 4th, enacts, that, in future no one mail be fuminoned to take. the oath of fupremaey prefcribed by the 1 ft VVm. & Mary, feet. 1 . c. 8. and lit Geo. 1. feet. 2. cap. 13. or the declaration againft tranfubftantiation required by the 25th Ch. 2.; — that, the ill Wm. & Mary, i'ect. 1. ch. 9. for removing papifts or reputed papifts from the cities of London and Weftminiier Ihall not extend to Roman catholics, taking the ap- pointed oath; — and that, no peer of Great Britain or Ireland, taking that oath, ihall be liable to be profecuted for coming into Hi* Majefty's prefence, or into the court or houie where His Majeiiy refides, under the 30th Car. 2. lilt. 2. ch. 1. : The 5th part of the act, repeals the laws requiring the deeds and wills of Roman catholics to be regiitered or in- rolled : The 6th difpenfes perfons acting as a eouniellor at law, barriiter, attorney, clerk, tor aotary, *5 dotarv, from taking the oath of fupremacy or. the declaration againft traufubitantiation. — Then the double land tax being impofed on them by the annual land tax act, a repeal of it could not be effected by any profpective act: but it was repealed by omitting from the annual land tax act, the claule iinpofing it. II. 4. An alteration, which was made in. the liouf e of lords, in the act of the 3 1 ft of II id, prefent Majefty, during its paifage through that houfe, raifed a doubt, whether to entitle a Roman catholic, to the benefits of the aci of the 18th of His prefent -Majefty, it was not neceflary that he fhouid take the oath preferibed by that act, as well .*:;. the oath preferibed by the 31ft of His prefent Majefty. To obviate this doubt, the act of ine 43d of His prefent Majefty was paft, v hich entitle*, perfons taking the oath preferibed by that act to all the beaeiils of the act of the iStii of His Majefty. III. Some account of the penal laws, the effect of which is felt by romatt catholics, but the effect of which is. not felt by protestant dissenters:— III. It has been already fhewn, how the> law ftands on the corporation and teft acts. — ■ The ftatute of the lit William &, Mary, (com- monly called the toleration act), exempts all dillenteri, i6 diffentcrs, except papifts, and fuch as deny the Trinity, from all penal laws relating to religion, provided they take the oaths of alle- giance and iupremacy, and fubferibe the de^ claration againil popery, and repair to fome congregation registered in the bifhop's court, or at the feffions. But there is nothing in this act, which difpenfes, either with the teft Act or the corporation act, fo far as thev im- pofc the obligation of receiving the iacra- ment of our Lord's fuppcr on perfons fervins* in offices, or elected to ferve in corporations. With refpect therefore to the teft ad and cor- poration ad, thele are the only acts which fubject the proteftant diffenters to any penal- ties ordifabilities. To thefe, the Roman ca- tholics are fubject equally with the proteftant diffenters. There is, therefore, no penalty or difability that affects the proteftant diffenters, to which Roman catholics are not fubject equally ; but there ftill remain fcveral penal laws, the effect of which is moft fevei'ely i'elt by Roman catholics, but the effect of which is not, in any manner, felt by Proteftant Dit- fenters. III. 1. The flrft of thefe, is the 30th Car. 2. ft. 1. c. 1. — It is remarkable, that, notwith- standing the change of the national religion, at the reformation, and the contefts and dif- fentions which fucceeded it, Roman catholic peers were admitted, equally with their fel- low peers, to lit and vote in the houfe of lords, and Roman catholic commoners were eligible, *7 eligible, equally with their fellow commoners, to a feat in the houfe of commons, till the lapfe of a century and an half from the time of the reformation. The ftatute of which we are now fpeaking, was then enacted. It wag pair., while the ferment of Oates's plot was at its higheft ; and provided, that no perfou Jhould fit or vote in the houfe of peers, or be a member of, or fet or vote in the houfe of com- mons, till he had taken the oaths of allegiance and fupremacy, and made and Jigned the decla- ration againji popery. To this ftatute only, the exclufion of Roman catholic peers from their nereditarv feat in parliament, and the exclu- fion of Koman catholic commoners from the natural and laudable ambition of an Englifli gentleman, a feat in the houfe of commons, are owing. III. i. By the 7th & 8th of Win. 3. eh. 27. thofe, who refufe to take the oath of fupremacy, tendered to them at the requifi- tion of a candidate, are difabled from voting at elections. III. 3. By feveral ftatutes, Roman catholics are difabled from Prejc/uing to Advozcfons. This difability is peculiar to them ; quakers, and even jews, having- the full enjoyment ot the right of prefentation. It is to be ob- ferved, that, no perfon can be prefented to a living, who has not been ordained according to the rites or* the church of England, Pre- viouily to his ordination, he is examined, on his faith and moral.-, bv the bilhop ; he takes < the i8 ihe oath of allegiance and fupremacy, ami fubfcribes the 39 articles ; and previoufly to his admifiion, he fubfcribes the three articles reflecting the fupremacy, the Common Prayer, and the 39 articles : and he makes the declaration of conformity. By the act of uniformity, 13 & 14 Car. 2. c. 4. he is bound to ufe the Common Prayer and other rites and ceremonies of the church of England. Thele appear to be fufheient guarantees for the or- thodoxy of the perfon prefented. III. 4. It has been obferved that, in com- mon with Protectant Diffenters, the Roman catholics are fubjeet to the 13 Car. 2. c. 1. commonly called the Corporation Act, and to the 25 Car. 2. c. 2. commonly called the Teft Acl, the former of which excludes from corpo- rations, perfon* who have not taken the oatlis of allegiance and fupremacy, and received the faeramentof our Lord's fupper ; and the latter of which directs all officers civil and military to qualify for their offices, in the fame man- ner. — But Roman catholic s atone fee! the penal operation of 1 Geo. 1. ft. 2. c. 13. which rev quires all perfons bearing offices civil or mili- tary, or holding command or place of trull, or receiving pay or wages by reafon of any pa- tent or grant from His Majefty, to take that oath under a penalty of £. 500. and undef other penalties. The very fmall number of thofe, who qua- lify themfelves for election into corporation!, or for cjvil or military offices, by complying with *9 with the requifite.s of thefe acts, is known. For their relief, an act of parliament is an- nually paft, by which, after mentioning the Corporation and Teit acts, and fome other acls, which do not relate to the point under confideration, it is enacted, that perfo*is, who, before the palling of the act, have omitted to qualify in the manner prefcribed by thofe acts, and who iliall properly qualify for them, be- fore the 25th of the enfuing December* (hall be indemnified againit all penalties, for- feitures, incapacities, and diiabiiities ; and their elections, and the acts done by them, are declared to be good.- — This act exprefles nothing, which excludes Roman catholics, from the benefit of its provilkms. The contraction of it came into confidera- tion in 1798, when Lord Petre, the grand- father of the prefent Lord, having, with the exprefs leave and encouragement of govern- ment, railed, equipped, and trained, at his ovv» ex pence, a corps of 250 men, for His Maj city's fervice, requefted that hisfon might be appointed to the command of them, and his Ion's religion was objected to him. It was admitted, that, by accepting the com- mand of the corps, without complying with the proviiions oi the acts in queltion, -Mr. Petre would fubjeet himfclfto their penalties; but it was obferved, that the appointment would be good ; that the penalties would not be incurred till the expiration of the fixth month after his appointment ; and dmt the annual act of indemnity would pal's before c 2 that 20 that time, and remove the penalties. It wai alio fuggefted, that proteltants and Roman catholics ftood, in this refpecl, exactly in the fame predicamenl ; — both equally liable to the operation of the penal ads, and both equally within the relief of the indemnity aeit. The late Mr. Serjeant Hill, and the prefent Lord Chief Jivftice of *!is Majelty's Court of Com- mon Pleas, were decidedly of this opinion ; but (under the advice, as it is laid, of the crown lawyers), the rcfufal was perfifted in; another perion was appointed to the command of the corps, and Ivlr. Petre ferved under him in the ranks. III. 5. In common with the reft of Ilia Majefty's fubjeets, the Roman catholics con- tribute, to the Religious eftablifhment of the country ; but their own Religious Eftabl/Jhments can only be effectc 1 through the medium of trufts, rdways perplexing, and always pre- carious. In hofpitrds, vorkhoufes, and other pubiic inftitutions, the attendance of the mi- nifters of their religion is fometimes denied them; and the children of the poor, fometimes forc( cl into protcftant fchools, under the eyes of tiieir parents. II 1. 6. Tiie Marriage act is alio a grievance to Roman catholics. — For fcveral reafons, too long to be enumerated, it is painfully re- pugnant to their religious feelings to have their marriages celebrated in the maimer now prefcribed by law. Jhit they do not object to its being rendered necefiary, for the legal validity 21 Validity of their marriages, that there mould be an entry of them in the regifter of the panlh, or to any other regular authentication of their marriages, which government can reaibnably require. III. 7. Though His Majcfty's armies and fleets are filled with^ Roman catholics, not onlv no provifion is made for the religious duties and comforts of Roman catholic lbklicrs and failors, but by the Articles of War, they are liable to the very heavielt pains and pu- nifliments for refufing to join in thole acts of religious worfliip, which a Roman catholic confiders to amount to an exterior dereliction of his faith, and a compliance with which, they therefore feel a religious torture. By the Articles of War, fee. 1. if any foldier abfents himfelf from Divine Service and Sermon, in the place appointed, he is liable, for tlie flrft offence, to forfeit i2f/.; and for the fecond, and every other offence to forfeit 12 d. and be put in irons; and by the fame articles, lection 2. art. 5. " if be fhall difobey any lawful com- " mand of his fuperior officer," — (and, of courfe, if lie mill difobey any lawful com- ma ud of his fuperior officer to attend Divine Service and Sermon), — " he fhall fuller death, " or fuch other punhhment as by a general " court martial mall be awarded." III. 8. The operation of the Tejl Jet, of the Articles of War y and of the Mutiny Act, in the w fiances zee have mentioned, Jo far as thei/ rt- fjpecl Irijh Roman catholic officers, foldicrs, and failors, 22 Jailors, deferves particular confideration. The Irifh act of 1 793 admitted catholics into mili- tary employments with certain exceptions. "It was rcprefented to government," fays Mr. Henry Paraell, in his invaluable Hiftory of the penal laws againft the Irifh catholics, p. 127, " that, as its powers could not extend out of " Ireland, and as all Irifh Catholic foldiers, * failors and officers were uniformly employed " on fervices out of Ireland, it wasneceflary " that, in order to give it any ufeful effect in " thisrefpea, the Englifh a& of the 1ft of " Geo. the 1 ft, which prohibits catholics from " filling any military fituation, mould be re- " pealed. In anfwer to their application, the " catholics were inforjned by Lord Hobart, " that fuch a meafure would be immediately " adopted, and the letter of the Secretary of " State was (hewn to them, containing the " promife of the Englifh Government. In " the houfe of Lords, when, upon the debate " of this act, Lord Farnham propofed an " amendment to the claufe relating to the * military offices, by rendering its operation " conditional, until England fliould pafs a " fimilar law, the Chancellor lord Clare op- " pofed it, ' for, faid he, it could not be fup- " pofed that 1 1 is Majefty would appoint a man " to fuch a poft until the laws of the empire " fliould qualify him to act in every part of it : " and that it was more than probable that a " fimilar law to this would be adopted in " England before the expiration of two * months ; and, on this ground, the amend- " ment would be wholly unneceil'ary.' " " Fourteen *3 ♦* Fourteen years, however," continues Mr. Parnell, (writing in 1807), " were allowed to " pals by without any fuch law having been * attempted to be adopted in England ; and " when the late minifters fought to refcue the " plighted truth of their predeceffors from -" well merited reproach, they were accuied " of an attempt to fubvert the eftablifhed " church, and driven from the councils of " His Majefty." Such are the penal laws, under which the Roman catholics of England Hill labour: — They have prefented a petition * to both Houfes of Parliament, for their repeal ; and they confide in their juftice and humanity that it will receive a full and benign difcuffion. But they hope the time will fpeedily arrive, when the Imperial Parliament of the United Empire, will take the nature extent and operation of thefe laws into confideration, and by repealing them, admit their Roman catholic brethren to the free enjoyment of thatconfti- tution, in the fupport of which, by their lives, their fortunes, and their induftry, they con- tribute ia common with their fellow fubjeds. * lice Appeud;x, Wm APPENDIX, 1 *S 1 APPENDIX. D c6 CONTENTS OF APPENDIX. (Jath of Allegiance, by 1 Ceo. 2. c. B. ------ - p. 2?" • Supremacy, by fame ftaiute -------- JL,. Abjuration, b_\ 6 Geo. S. c. 53. ------- ib. Declaration againft Tranliibftautiatio';, by 2.5 Car. 2. c. 2. - - 29 « againft Popery, by 30 Car. 2. ft. 2. c. 1. - - - - lb. Oaih prel'cribtd by 18 Geo. 3. _.---. ___.jb. j '———— — 31 Geo. 3. c. 32. ---____» jj Fetition of tke Roman Catholics of England, as prefented to the Houfe of Lords, on the 2iid Fabruary 1310, by the Right Hon. Earl Grey ; and in the Iloufe of Commons by the Right Hon. William Windham .-._._. __-__. 33 Speech of the Ri^ht Hon. Earl Grey, on his prefenting the Englifh Catholic Petition to the Honfc of Lords ------.37 Speech of the Right Hon. William Windham, r abfolved of this Declaration, or any part thereof, although the pope, or any other perfon or perfous, or power whatfoever, (hall difpenfe with or annul the fame, ©r declare that it was null and void from the b^innin^. The Oath prescribed by the IS G. 3. I, A. B. do fincerely promifc and fwear, that I will be faithful and bear true all^giaKCt; to His Mnjelty Kin-- G*ior-« 3° -Oeorge the Third, and him will defend, to the utmdft of my power, agaiuft all confpiracies and attempts what- ever that /hall be made againft his perfon, crown, or dignity ; and I will do my utmoft endeavour to difclofe and make known to His Majefty, His heirs and fucceffors, all treafons and trai.orous confpiracies, which may be formed againft him or them ; and I do faithfully promife to maintain, fupport, and defend to the utmoft of my power, the fucceftlon of the crown in His Majefty's family, againft any perfon or perfons whatfoever; hereby utterly renouncing and abjuring any obedience, or allegiance unto the perfon taking upon himfelf the ftile and title of Prince of Wales, in the life-lime of his father, and who, fince his death, is faid to have affumed the ftile and title of King of Grerit Britain, by the name of Charles the Third, and to any other perfon claiming or pretending a' right to the crown of thefe realms; and I do fwear, that I do reject and deteft, as an unchriftian and impious pofition, that it is lawful to murder or deftroy any perfon or perfons whatfoever, for, or under pretence of their be- ing heretick?; and alfothat unchriftian and impious prin- ciple, that no faith is to be kept with hereticks: I further declare, that it is no article of my faith, and that I cio renounce, reject, and abjure, the opinion, that pr.nces excommunicated by the pope and council, or by any authority of the fee of Home', or by any authority what- foever, may oe depofed or murdered by their fuhjccls, or anypei.on whatfoever: And I do declare, tlu.t I do not believe that the pope of Home, or any other foreign prince, prelate, flate or potentate, hath, or ought to have, any temporal or civil jurifdiclion, power, fuperiority, of pre-eminence, directly or indirectly, within this realm. And I do folemnly, in the pfefence of God, profefs, teftify,- and declare, that I do make this declaration, and every part thereof, in the plain and ordinary fenfe of the word* - ©1 this oath; without any evftlion, equivocation, or men- 3* t^l reservation whatever, and without any difpenfation already granted by the pope, or any authority of the fee of Rome, or any perfon whatever; antf without thinking that I am or can be acquitted before God and man, or abfolved of this declaration, or any part thereof, although the pope, or any other perfons or authority whatfoever, mall difpenfe with or annul the fame, or declare that it was null or void. The Oath prefcribed by 31 Geo. 3. c. 32. I, A. B. do hereby declare, that I do profefs the Roman catholic religion. I, A. B. do lincerely promife and fwear, that I will be faithful and bear true allegiance to His Majefty King George the Third, and him will defend, to the utmolt of my power, againft all confpiracies and attempts whatever, that ihall be made againft his perfon, crown, or dignity; and I will do my utmoft endeavour to difclofe and make known to I lis Majefty, his heirs and fucceffors, all trealbns and traitorous confpiracies which may be formed againft him or them: And I do faithfully promife to maintain, fup- port, and defend, to the utmoft of my power, the fucceffion of the crown; which fuccefiion, by an act, intituled, An A& for the further Limitation, of the Crown, and better Jecitriitg the Rights and Liberties of the. Subject, is and Hands limited tu die princefs Sophia, ele&refs and duckefs dowager of Hanover, and the hens of her body, being protectants; hereby utterly renouncing and abjuring an y obedience or alh giance unto any other perfon claiming or pretending a right to the crown ofthefe realms: And 1 do fwear, that I do reject and deleft, as an uuchriftian and impious polition, that it is lawful to murder or deftroy any perfon or perfons whatfoever, for or under pretence of their being hereticks or infidels; and alio that unchriftian and impious principle, that faith is not to be kept with heretics or inlidels: And I further declare, that it is not r:i article of my faith, and that 1 do renounce, reject, and abjurt 3* tbjnre th« opinion, that princes excommu»icated by th* pope and council, or any authority of the fee of Rome, or by any authority whatfoever, may be depofed or murdered by their fubjecls, or any perfon whatfoever: And I do promife, that I will not hold, maintain, or abet any fuch opinion, or any other opinions contrary to what is ex- prefied in this declaration : And I do declare, that I do »ot believe that the pope of Rome, or any other foreign prince, prelate, ttate, or potentate, hath, or ought to have, any temporal or civil jurifdiftion, power, fuperiority, or pre-eminence, direftly or indirectly, within this realm: And I do folemnly, in the prefence of God, profefs, teftify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words of this oath, without any evafion, equivocation, or mental refervation whatever; and without any diipenfation al- ready granted by the pope, or any authority of the fee of Rome, or any perfon whatever; and without thinking that I am or can be acquitted before God or man, or abfolved of this declaration, or any part thereof, although the pope, or any other perfon or authority whatfoever, ihall difpenfe with or annul the fame, or declare that it was null and f oid. PETITIOS of the Roman Catholics of England, as prrfented to the Houfe of Lords, on Thurfday February 22d, 1810, by the Rigid Honourable Earl Grey ; and in the llovfe of Commons by the Right Honourable William Windham. 11 TO 'he Right Honourable the Lords Spiritual ancj Temporal of the United Kingdom of Great Britain and Ireland in Parliament afiembled: " We whofe names arc underwritten, Roman catholics of F,noland, humbly beg leave to reprefent to your honour- able houfe, " That at the time of His Majefty's arceffion to the throne, the laws in force, againft his Englilh Roman catholi* 33 catholic fubjeds, deprived them of mod of the rights of Englifhtnen, and of feveral of the common rights of man- kind. _,. « That, by the Afls of the 18th and 3 lft years of His Majefty's reign, feveral of the penalties and difabilities under which the Englifh Roman catholics laboured, were removed. « That the Englifh Roman catholics are molt grateful lor the relief granted them by thefe Ads, and have taken and fubfrribed the oaths and declarations contained in them. " That their conduct hath been conformable to their pro- feffions; in peaceable fubmiflion to the laws, and in the difcharge of moral or civil duty, they have not been ex- ceeded by any of His Majefty's fubjeds ; they have ferved him effectively and honourably in this fleets and armies; there never has been a call upon Englifhmen to. do their duty, which the Englifh Roman catholics have not been forward to anfwer. , « That feveral penal and difabling laws are yet m force a»ainft them: They are not equally entitled, with their fdlow-fubjects, to vote at the eleclion of any member of of the houfe of commons; they are excluded from a feat in either houfe of parliament ; they are not admiffible into corporations : every civil and military office is denied them- every laudable objeft of ambition, all that elevates a man among his fellow-fubjeds, all hopes of public dis~ tincTion, all means of attracting the notice of their country, or the favour of their fovereign, are placed without their '« The more they deferye of their country, the more fenfibly their country makes them feel this exclufion. In 4he ranks (he fuffers them to fight her battles, but to then victory is without its reward ; promotion is wholly denied them; no fervices can advance, ho merit enable them to prolit of their country's favour. « Even in their humble fttuation of private foldiers, the law follows than with pains and penalties. By the articles E ni 34 of war, if foldiers refufe to attend the religious worfliip of the eftablifhed church, they an* punifhable by fine, irn- prifonment, and death. Thus theEnglifli catholic foldiers are inceflantly expofed to the cruel alternative of either making a facrifice of their religion, or incurring the ex- treme of legal punifhment; than which, your petitioners humbly conceive, there never has been, and cannot be a- more direct religious perfection. To an alternative equally oppreflive, the Englifh Roman catholics are expofed orv their marriages; the law requires, for the legal validity of a marriage in England, that it fhould be celebrated in a panfh church; as Roman catholics believe marriage to be a facrament, the Englifli Roman catholics naturally feel great repugnance to a celebration of their marriages in other churches than their own. " They are cruelly debarred from any means which their fellow-fubjects poffefs, of providing for their families, by employments of honour or emolument; fo that, while they bear their full ihare of the general contribution to the wants of the flate, they are d'enied even a hope of par- ticipating in thofe advantages by which the burden of their fellow-fubjects is alleviated. " In other occurrences of life, the law has the lame humiliating and depreffing operation on your lordfhips petitioners: thus, every Roman catholic fubjefl of His Majefty, is forced below his fair line in fociety, and the general body is a marked and infulated eaft. " Yet the Roman catholics form more than one-fourth ©f the whole mafs of the fubjeds of the United Empire- whatever there is of genius, of talent, or of energy among them, is abfokitely loft for public ufe ; and this at a time, when the United Empire is engaged in a conflict, formi- dable beyond example; and it therefore fecms important, if not effential to her prefervation, that fhe fliould call into action, without qualification or limit, or any religious tell or declaration, the genius, talents, and energies of 411 her fubjecls. "It 35 "* It is true, that jour lordfhips petitioners profefs forare ireligious principles, which are not profeffed by the eftablim- «i church ; and to this, and to this only, their refufal of certain tefts, oaths, and declarations is owing, which fub- je&s them to the pains and difabilities they complain of; but none of the principles, which occafion their refufal, affefts their moral, civil, or political integrity ; and your petitioners humbly fubmit to this right honourable houfc, that no principle, which leaves moral and political in- tegrity unimpared, 4s a proper objea of religious perfe- «cution ; befides, the whole creed of your lordfhips petition- ers was once the creed of the three kingdoms— it is the aftual creed of four-fifths of Ireland, and of much the greater part of Europe. It was the oreed of thofe who founded Bntifh liberty at Runymeade, who conquered at Crefiy, Poictiers, aud Agincourt: among thofe who re- pelled and annihilated the Spaniih Armada, none bore a nobler part than thofe by whom this creed was profeffed. In all thefe atchievements, in every other fcene, in which the ancient valour, or ancient wifdom of this country has been difplayed, the auceftors of feveral of your lordfhips petitioners have been diftinguiflied. Their creed did not leffen their zeal for their king and country— it does not lcffen that of their defendants. " Every dilloyal or immoral principle, which malice or credulity has imputed to them, your lordfhips petitioners have folemnly and repeatedly difclaimed. They believe there does not now exift an honourable man who impute* thefe principles to them: they have fworn to be faithful, and bear true allegiance to HisMajefty, and have acted up to their profeffions; they nioft confidently appeal to this right honourable houfe, and to the whole empire, whether in loyalty to 1 lis Majefty, attachment to the conftitution, or zeal (or their country's good, they are not equal, and are not unive.rfally known and acknowledged to be equal, to -II is Majefty 's other fubjects. " Therefore, coufcious of the truth of thefe reprefenta- tiuns. 36 lions, and with the moft perfect reliance on the wifdom and juftice of your right honourable houfe, " Your lord/hips petitioners humbly pray for a total re- peal of every teft, oath, declaration, or provifion, which has the effeci of fubje&ing them to any penalty or difability whatfoever, on account of their religious principles." Signed, William Gibfon, Vicar Apoft. John Houglafs, Vicar Apoft. John Milner, Vicar Apoft. Peter Collingridge, Vicar Apoft, William Poynter, Coadjutor. Thomas Smith, Coadjutor, Shrew (bury, Newburgh, Fauconberg, Stourton, Petre, Arundell, .Dormer, Clifford, William Gerard, Bart. Edward Hales, Bart. Henry Englefield, Bart. Thomas Vavafour, Bart. John Throckmorton, Ban. Edward Blount, Bart. Windfor Hunloke, Bart. Carnaby Haggerftone, Bart. Richard Bedingfield, Bart. Thomas Stanley, Bart. Thomas Gage, Bart, John Law fon, Bart. Pierce Moftyn, Burt. And upwards of eight thoufand gentlamen and others, including near three hundred clergymen. /iccompant/irig 37 Accompanying Petition of theJEngliJh Roman Cat holies, zch» met at the St. Albans Tavern, on the 1/2 February, 1810. " We whofe names are underwritten, Roman catholics of England, beg leave to reprefent to your Right Honourable Houfe, that your petitioners, in common with the general body of the Engliih Roman catholics, have lately signed a Petition to your Right Honourable Houfe, ftating the prin- cipal grievances under which they lie, in confequence of their religious principles, and praying relief. They now beg leave further to frate to your Lordfhips, that in foli- citing the attention of Parliament to their petition, they are actuated not more by a fenfe of the hardfhips and disabilities under which they labour, than by a defire to fecure, on the moil folid foundation, the peace and har- mony of the Britifh empire; and to obtain for themfelves opportunities of manifesting, by the mod active exertions, their zeal and intereft in the common caufe, in which their country is engaged for the maintenance of its freedom and independence; and that they are firmly perfuaded, that adequate provifion. for the maintenance of the civil and religious eftablifhments of this kingdom, may be made, -confidently with the ftricleft adherence, on their part, to the tenets and difcipline of the Roman catholic religkm; and, that any arrangements founded on this bads of mu- tual fat isf action and fecurity, and extending to them the full enjoyment of the ciiil conjlitution of their country, will meet uith their grateful concurrence." Signed by Bifhops William Gibfon, Lords Shrewfbury, John Douglafs, Fauconberg, PeterCollingridge, Stourton, William Poynter, Arundel], Thomas Smith, Dormer. Clifford, A,nd near two Hundred of the principal Catholic Gen tlemen and Clergy. ■*- E 3 Speech 3* Speech of the Right Hon. Earl Grey, on his prefent ing the Englijh Roman Catholic Petition to the Houfc of Lords, fa* revised by Eakl Grey ,from the Report in the Globe Newspaper.) " My Lords, " It is not my intention, at prefent, whatever I may think it my duty to do, during the prefent Seffion of Parliament, to make any other than the ufual motion, that the petition fhall be allowed to lie, for future confideration, on your lordfhips table. But I cannot, my lords, neglect, the op- portunity which this motion affords me, of foliciting your lordfhips attention to the extreme importance of the fubjecr. —to the extent and magnitude of the interefts it embraces, and to the fundamental principles of policy and of juftice on which it is founded- I fay, to the principles of policy and juftice ; becaufe, in any enlightened view of ftate affairs, they will never be found at variance ; and, in my con- fcience, I think they were never more clofely and intimately united, than with refpeft to the cafe which is ftated in this petition. My lords, the petitioners, with due refpett to- wards your lordfhips, but not without thofe feelings, of which, as men labouring under many and fevere hardfhips as men labouring under great and unmerited difabilities, and exclufions, they cannot diveft themfelves, have fub- mitted their cafe to your confideration. The fituation in which they ftate themfelves to be placed, is this— that, without any impeachment of their loyalty— without any imputation on their condud— nay, after llrong and re- peated acknowledgment of honourable and meritorious demeanour, as good and faithful fubjefts of the Britilh empire — they find themfelves, on account of principles, purely religious, and for a belief, which, if fincere, it does not depend on them to exchange, a marked and profcribed people in the midft of their fellow-fubjeas— excluded from the benefit of\he free government they fupport and defend —excluded from thofe opportunities of exertion in their country'? 39 •ountry's defenee, which, in this perilous crrfis, every Etiglifh heart would be anxious to obtain. It is much ami deeply to be lamented, there mould exift any difficulty that mould have the effect of making it neceflary to poft- pone, for a (ingle hour, your lordfhips taking this petition into your consideration, with a view to affording effectual, prompt, and complete relief; and I regret it the more, with refpect. to the particular clafe ©f individuals with whofeinte- refts I am charged; becaufe their fituation is, in fome degree, peculiar to themfelves; inafmuch as the difabilities of which they complain are infinitely more fevere and more •xtcnuve than thofe which affect other perfons, profeffih* the fame religious tenets in other parts of the empire. I have faid that their fituation is particularly fevere; and a* I am fearful that this fubjeft may not have raifed that de- gree of attention which its importance deferves, it may KOt be uitneceffary to ft ate in what that extraordinary feverity cohfifts. Your lordfhips will recoiled that u> Canada, for inftance, in confequer.ee of the provifioi** which were made after its conqueft, in the reign of Hi» prefent Majefty, the fubjecrs of His Majefty in Canada enjoy complete toleration. In ether words, there exifts no difference as to the enjoyment of civil rights between the eatholic and proteftant fubjecls. I do not mean to fuuitfl any argument on this circumftance ; I ftate it onls as k fact, which, I trult, your lordfhips will bear in. your recol- lection. In Ireland, unfortunately fur the peace of the Englifh empire, unfortunately for our own fecurity, there 15 a different ftate of things. In Ireland, Mis Majefty's fubjecls are It ill liable to diiabilities, which cannot be fup- ported upon any principles, if they are not required with a view to our own fafety. But even in Ireland many privi- leges are extended to catholics which are denied to the catholics in England. They are capable of being elected to all lay corporations, with the exception of Trinity College, Dublin; where, however, they may take degre-s. They 4* They may be in the commiffion of the peace ; they may. -vote for members of parliament; they may hold civil offices of truft and emolument under the crown, fubjeel to certain exceptions. In Ireland, all the ranks of the army, under that of a general of the ftaff, are open to catholics. From all thofe advantages, the Englith catholics are ex- cluded; they are not eligible to .corporations ; they cannot take degrees; they cannot acl in the commiffion of the peace ; they are not allowed to vote at eleftions ; they are incapable of holding offices of truft under the crown ; all the ranks of the army and navy are denied .to them. The ca- tholic, deeply interelkd as he is in the common defence of the country, is denied the means of affifting it. At this moment, when you are calling upon all clafi'es of the com- munity for affiitance, the catholic has the heart-breaking mortification, not only of finding himfelf excluded from the higher ranks of the. army, but even, if defecting from his tuition in life, he lhould confent to enroll himfelf as a private in the ranks, he muft depend upon his officer for the free excrcife of his own religion, and for not being compelled to attend to the ceremonies of another, in which his renfeience forbids him to partake. Thefe arc evils to which the Englifh catholics are fubjetf, in addition to thofe which they fuffer in common with other perfons of the fame perfuafion in after parts of the empire. In .. fiating tluir complaints, they afifert, with ,no unbecoming tunfiiirr.ee, that their conduct has not been fuch as jul'tly tu fubjert them to a punifliment of fo fevere a nature. Upon tins head I think I may appeal to theperfonal know- ledge of many of your lordlhips, whether you are not con- . vinced, that there do not exift men whofe conduct has uniformly been more exemplary as loyal fubje&s of the Hy : : und zealous fupporters of the government than the liiiglilh catholics? I have fome knowledge of perfons ot that profdlion in the county to which I belong:— they arc perfons as difciuguifhed for their loyalty and goo. J conduct 4i Conducl as for their great opulence; and I will venture to aflert, that the voice of the country would join with me in faying, that, as friends and neighbours, as landlords, as fathers of families, as perfons filling all the relations of life, there do not exift men who have efiabliihed more juft claims to the univerfal efteem of all mankind. It is in this character that the petitioners prefent themfelves, at men complaining of fevere deprivations, and as having deferved by their con^pd a very different treatment: and, my lords, I have, in making this ftatement, the fatisfaction. of being authorized to add, that, while they pray for relief, they are willing to accept it, accompanied with fuch. provifions for the maintenance of the civil and religious eftablifhments of this kingdom as may be made, conlift- ently with a Strict adherence, on their part, to the tenets and discipline of the Roman catholic religion; and that any arrangement, founded on this bails of mutual Satis- faction and Security, will meet with their grateful concur- rence. This declaration is contained in the Second petition which I have prefented to your lordihips, and was adopted lately at a meeting in the metropolis. I am perSuaded you will think that Such conducl entitles their petition to an impartial and favourable consideration; but I will fay further, that it is on the principle Stated in this petition alone, and with a view to an arrangement fuch as I have defcribcd, that this meaSure has my Support. It I do not deceive mySelf, I think there cannot be a more lincere and determined Sriend to the true principles of toleration, in the Sulleft and molt extenfive fenfe of the word, than the individual who has the honour to addrefs you; nay, I will go farther, and State it to be my firm belief, that not only policy in the general Senfe oS the word, but that the immediate calls oS cur own Safety, never more imperioully required a recognition of thoi'e principles, by the adoption of a wile Svliem, witli refpect to the Church, which may have the effect of uniting, in V '"" tu* 4* the bonds of a common intereft, all claffes of his Majefty's fubjecls, and of producing that real union of affection, without which the nominal union of law is ineffectual; but with which, we may look uudifmayed at all the dan- gers which threaten us. In fpeaking on this fubject, I have no hefitation in declaring it as my fettled opinion, that no government can difcharge the duties impofed upon it at the prefent crifis ; no government Can afford a hope of extricating us from the difficulties of the prefent mo- ment, and of guiding U3 with fa&ty through the perils that furround us, if it does not without delav, apply all its faculties to the accompliihment of this difficult per- haps and complicated, but great and indifpenfable work of national conciliation — But in Hating this matter as I have done, I beg your lordfhips to be affured, that I never (hall urge you to grant the relief which is required, ■without having a due regard to your own fecurities ; that I fhall never urge you to take up this fubjeel, but on u comprehcnfive and general view of all the interefts con- nected with it. I am fenfible, that, in looking at the claims of the catholics, we ought alfu to look at thofe fecurities which maybe demanded for our own religious eliablilhmcnts; that wc ought to ftrengthen, and confirm, and confolidate them; to remove from them all real dangers, and above all, thofe dangers which, under the faif'ij name of pretended fecurity, are inseparable from any i which contains in it principles ol intolerance arid p( rfecution. To confolidate, and confirm, and ftreimthen eftabiifhments by reasonable provilions, will be always regarded by me us a facrcd and indifpenlabio -' ; "ty. In maintaining the doctrine of religious liberty in favour of the catholics, I am perfuaded I cannot maintain it on other grounds than thofe on which civil liberty itfi If is founded. Neither confining in an abfolute exemption iV'Uii all nina.nl whatever, but in beinu fubject to no rtftiuiMt but fuch us the common intereft and the common fafely, 43 fafety, rationally find impartially confidered, may appear to require. Keeping this principle in view, we fh alt fteer a right courfe; and the way we liave to act is, to coniider, without pallion, what are the dangers with which we have to contend, and then to apply provilions to meet the dangers, and adopt the meafures of precaution that may be neeef- fary. Limiting thefe in their application to the neceiTity of the cafe, we (hall not act in contradiction to the prin- ciples of toleration ; whilft on the contrary, to fupport reftrietions on any other principle than this, would be to act contrary to the principles of the government under which we live, and inconfiftent with the mild and charitable fpirit of Chriftianity i'tfclf. The parti- cular provilions which, for this purpofe, it may be ex- pedient to propofe, it is not now time to difeui's — it would be premature. I Jincercly rejoice, that, in the declaration which they have wade, the Englijii catholics, without adverting to particular meafures, have confined themfdves to a general jiulement. More than this Jltould not be required of them at prej'ent. It leaves the whole fubject (men to future coniideration; and, I hope, the time is not far diftant, when we may enter upon it with fuch a difpofition, as will tend tu produce an arrangement fatisfac- tory to a!l parties — an arrangement, in the words of the Petition, " on the found balis of mutual fatisfaciion and fecurity." I have laid, thai I did not intend to profs the fubject further at prclint: that determination is founded on the confideration, tiuit, whatever diltinctions there may be between the Karjlilh catholics and other perfons pro- fenjjjjjt the fame rehgio.i, in other points, no advantages perhaps can arife ::- m a icparatc dil'cuiiinn. Willi regard to other coniiderations v.I.k I; a'V< it this queftion, it ii not inv purpofe now to trou! : \ ' Lordfhip.». But the pro- ceedings even of this c'.'v will mii, I hope, }■•• uf ' ;S. I and truft t!i y w.ii produce a temper :r:d o.ij oh ail iides, w hi ie en to tic r i. 1 the 44 the moft momentous queftion that was ever fubmitted to your confideration. I /hall not trouble your lordfhips further, but content myfelf with moving, " That this petition do lie upon the table." Ordered accordingly. Speech of the Rig fit Honourable William Windham, on his preferring the Englifh Roman Catholic Petition to the Hovfe of Commons, (as reported in the Glube Paper). " T have a petition to present, into the merits of which it is net n< w my intention f o go: it refpects a bwdy of peo- ple, who labour under opnreiiions of peculiar feverity; I mean the Roman catholics of England. " I admit the right of ftates to impofe religious reftric tions upon the people, but that right fhould be only •xerciled, when called for by an imperious and over- ruling nectffity. It is obvious no fuch neceflity exifts for the reftricrions upon the Roman catholics of England, as the) -.fie for nothing but that which Loth church and ftate muft deem it neceffarv to grant, and which juftice muft confirm. Who can pn u r.<] to have any fear of ihe Roman catholics, or If ,n d a uifc'ofure of their power, by which their virtues muf alio be revealed? " I will affert, then, if their power prove confiderable, their inclinations are in a proportionate degree favourable to the interelts of the country; it their character be un- known, if they be obfeure — it is becaufe they are deemed unworthy of our confideration, and are branded with our neg.ect. When I fptak of their obfeurity, I do not n that Uieyaie deftitutc of hereditary virtues and hereditary dignity — that tiity are not a part of that ckfs which ought to be denominated " Ultiini Romauoru'B." I can- not eonti mplate a more noble and aft'ectim' fpectucle, than an anciei : Roman catholic gentlemari in the nudft ot his , ex. ■eifing the virtues of benefh ence, humanity, and tality. — If they are obfeure, n is becaufe they are pn fcribed as aliens to the ftate J becaufe they are fhut out from 4$ from this afiembly, where many of thofe, who are far lefs worthy, are allowed to fit. Have they ever tried thofe vile arts which are < \ercifi_d fo 1 , e- is fully by thole many to creep into pen . :. and |,iace? Have they ever attempted to obtain their rights either by clamour or by fervility ? On the contrary, their conduct has proved that no other body is more juftly entitle;! to refpeci and admiration. " I wifh the Petition to lie upon tli« table, that the con- tents may fink d< v-p into the minds of this Houfe, and I hope that the confideration will bring a final fuccefs to the. caufe of virtue and of truth. It is impofiible that we can for ever bear the fight of -our own injuftice. Rectitude mud ultimately ps i vail, and I prefume that the object of this Petition will be granted without a ftruggle." In the vear 17SS, a Committee of the Engl i/h Catholics vailed on Mr. Pitt, reflecting their Application for a Repeal t>f* the Penal Lctxvs. -He requejicd to be furnijhed xiith Authen- tic Evidence, of tin Opinions of the Rowan Catholic Clergii arid the Ron. an Catholic Unrcerfities abroad, " on the Erifence ana Extent of the P pe's difpevjing Puxcer." — ■ Three Qua- .- xvtre accordingly framed, aid lent to the Unix'er/ittci r r Paris, Lorain, Aicala, Duxvau, Salamanca, an'. Vulci 'olid, for their Opinions. 'J he Quejlions propojed to them xicre, 1. II.. ..he pore, or cardinals, or any body of men, or anv indivhU'al i f the church of Home, any civil authority, pover, ; ' .".. :. or pre-eminence whatloever, within the realm m !"- ,Ja: : : U. t\:n '!; . . , >■. or cardinals, or anv body of men, or ai.v :'Ki;\ifi::ai of the ci nch of Home, a! !< ive or difpenfe with lb- MaMlv's- fuhit.eis f : • in their oath of allegiance, upon any j re. text v.hatfocvei r O. la 46 ,*5. Is there any principle in the tenets of the Catholic faith, by which catholics are juliiiicd in not keeping faith with heretics, or other perfons differing from them in reli- gious opinions, in any transaction, either of a public or a private nature ? Abjlracl from the Anfxver of the Sacred Faculty of Divinity c,f Paris, to the aboxc Queries. After an introduction, according to the ufual forms of the Univeriily, they anl'wer the I'irft Query by declaring — ■ Neither the pope, nor the cardinals, nor any body of nun, nor any other perfon of tin; church of Home, hath any civil authority, civil power, civil jurifdiclion, or cisil pre-eminence whatfoever, in any kingdom ; and, eonfe- qaently, none in the kingdom of England, by r. afon or virtue of any authority, power, juriibietioa, or pre-emi- nence by divine inftitution inherent in, or granted, or by any other means belonging to the pope, or the church of Home. This doctrine the facred faculty of divinity of Paris has alv. ays held, and upon every oeeafion maintained, and upon every occa'ion has rigidly profcrihed the contrary doctrines from her fchools. Anfwrr to the Second Query. — Neither the pope, nor the cardinals, nor any body of men, nor any perfon of the church of Home, can, by virtue of the keys, ablblve or free 1 the adjects of the king of England from their oath of allegiance. This and the r'jrft Query are fo intimately connected, that the anl'wer to the firit immediately and naturally applies to the fecond, &c. Anfwer to the Third Query. — There is no tenet in the Catholic church, by which catholics are juliificd in not keeping faith with heretic?, or thofe who differ from them in matters of religion. The tenet, that it is lawful to break faith with heretics, is id repugnant to common honefty and the opinions of catholics, that there is nothing of which thofe. 47 thofe, who have defended the Catholic faith againft protef- tants, have complained more heavily, than the malice and calumnv of their adveifaries in imputing this tenet to them, &c. &c. ike. Given at Paris, in the General Aflcmbly of the Scr- bonne, held on Thurfday the 11th day before the Calends of March 17 $9- Signed in due form. Unixerfity of Dun: ay. Jan. 5, 178.0. At a Meeting of the Faculty of Divinity of the Univeriity oi Duwav, (Sec. &c. To the Firft arid Second Queries, the faered faculty an- fwers — That no power whatfoever, in civil or temporal concerns, was given by the Almighty, cither to the pope, the cardinals, or the church herfelf, and, confequentlv, that !.:!,..- and lbvereigns are not, in temporal concerns, fiiliccr, bv the ordination of . God, to any cccleliaftical power whatfnever ; neither can their fubjects, hv anv au- thoritv granted to the pope or the church, from above, he ficed lV< m their obedience, oi ablblvcd from their oath of alh ' :. 'i his is tin ! rtrine which the doctors and profeu'ors of tlivinitv m ' . an 1 leach '. i o::r fchools; and tin-, ail tl e t Lit. I :' •■: . = in divh.hv maintain in their public ti: ■ -. .■. C. L 0. .\ C. To the Thhd <■■ :< lliuii, t! ■ ! :r< d faculty anfwer* — '1 iuil lb re is nu p:i: .' !<• of ih= Catholic faith, by which u ■ • f-i'iiu: laid) v. iih heretics, v. no (iiin r fiom l! m in . : <..- : . ( ),, i\ ]P rnM . travy, it is iho unanimous doctrine of ea hulic:-, that the -''■ ; i ' cl ,;:; " t;j the i : . I-' G- -i i > c-bh i lo witnef-', re- quires that the oath I : in pt, i , ",hondbev< : it ; - pledged, win. ther catholic, heretic, or : i i. ivc. &c. 4t . Si-yucd an i b ■■ I ' : foi.-i. .. /v.V ,• 4S Unixerfity of Lotairt. Thfi faculty of divinity at Lovain, having been re- quested to give her opinion upon the queftions above ftated, does it with readinefe — but Struck with aStonifh- mcntthat fuch que Stions Ihould, at the end of this eighteenth century, be propoSed to any learned body, by inhabitants of a kingdom that glories in the talents and discernment of its natives. The faculty being alVerubled fur the above purpoSe, it is agreed, with the unanimous affent of all voices to anfwer the firft and fecond queries absolutely in the negative. The faculty does not think it incumbent upon her in this place to enter upon the proofs of her opinion, or to fliow how it is Supported by paffuges in the Holy Scrip- tures, or the writings of antiquity. That has already been done by Boffuet, De Marca, the two Barclays, Goldaftus, the PithaeuSes, Argent' e, Widrington, at . hi Majefty King James the Firft in h s dilfertalions againSt Bcllarmin and Du Perron, and by many others, &c. c-:c. <\c. The facultv then proCee -> -Jr. re. that the Sovereign power of the State is in nowiSe (no e\< vdy as it is termed) Subject to, or d :•< iident upon., an\ iver ; though it be a Spiritual power, or even though it be iiifti— tuted for eternal Salvation, &c. &c. That no man, nor any aSfembly oS men, however eminent in dignity and power, not even the whole body f N f the catholic church, though affembled in general council, can, upon any ground or pretence whatsoever, weaken the bond oS union between t!ie Sovereign and the people; ft ill lci3 tun they abSclve or fiee tiie Subjects from their oath of allegiance. Proceeding to the Third Qm ft ion, the Said faculty of divinitv (in perfect wouuer that inch a queStion fhoul i be propofed to hci; nioSt pofitivuly and unequivocally tinfwers — That there is not, and .hat there never has been, a.noug the catholic-; 01 in the doctrines of the church of Home, 49 Rome, any law or principle which makes it lawful for catholics to break their faith with heretics, or others of a diffc rent perflation from themfelves in matters of religion, either in public- or private concerns. The faculty declares thr doctrine of the catholics to be, that the divine mid natural law, which makes it a duty to keep f.tith and promifes, is the lame; and is neither fhaken hor diminifhed, if tLofe, with whom the engagement is made, hold erroneon.; opinions in matters of religion. &c. Signed indue form, on the 18th of November IJSS. Unherfity of Alcala. To the Firft Queftion it is anfwered— That none of the perfons mentioned in the propofed queftion, either indivi- dually, or colledivcly in council affembled, have any right in civil matters; but rh at all civil power, jurifdi-Tion, mid pre-eminenct, are derived from inheritance, eletfion, the content of the people, and other fuch titles of that nature. To the Second it is anfwered, in like manner— That none of the perfons above mentioned, have a power to abl'ulve the fubjecis of his Britaunic Majefty from their oa*hs of allegiance. To the Third Queftion it a anfwered— That the doctrine which would exempt catholics from the obligation of keeping faith with heretics, or with any c -her perfons who dment from them in matters of religion, imlead of being e of catholic faith, is entn- , repugnant to its Signed in the ufual form, March 17th 1789. u nets. I nivcrfity of Salamanca. To the Firft Queftion it is anfwered— That neither pope, *:or cuidinals, nor any ahemUy or individual of the ca' ^ tholic 50 tholic church, have, as fuch, any civil authority, power, jurifdiction, or pre-eminence, in the kingdom of England. To the Second it is anfwered — That neither pope, nor cardinals, nor any affembly or individual of the catholic cliurch, can, as fuch, abfolve the fubjects of Great Bri- tain from their oaths of allegiance, or difpenfe with its obligations. . To the Third it is anfwered —That it is no article of ca- tholic faith, that catholics are not bound to keep faith with heretics, or with perfons, of any other defcription, who diflent from them in matters of religion. Signed in the ufual form, March 7th 178<). Unixerfity of Valadolid. To the Firft Queftion it is anfwered — That neither pope, cardinals, or even a general council, have any civil autho- rity, power, jurifdiction, or pre-eminence, directly or in- directly, in the kingdom of Great Britain ; or over any other kingdom or province in which they poffefs no tem- poral dominion. To the Second it is anfwered — That neither pope nor cardinals, nor even a general council, can abfolve the fub- jects of Great Britain from their oaths of allegiance, or difpenfe with their obligations. To the Third it is anfwered — That the obligation of keeping faith is grounded on the law of nature, which binds all men equally, without refpect to tin ir religious opinions ; and with regard to catholics, it is full more cogent, as it is confirmed by the principles of their religion. Signed in the ufual form, February 17th, \7$D- Jlfag/ia eft Veritas el prcevalehit. " 1 have he?rd allufions made this night to doctrines, which I do hope no man now believes the catholics to " entertain ; 51 " entertain ; nor is there any ground for an opinion that " the queltion is oppnfed under any fuch pretence. Tlie " explanations that have been given on this head, fo far as u I know, arc completely fatisfactory, and the queltion as " it now ftands, is much more narrowed than it was upon (( any former difcuilion." Speech of the Earl of Liverpool, on the Debate in the Houfe of Lords, in the SeiTion of 1S10, on tli? Petition of the Roman Catholics of Ire- land. — Printed and publifhed by Keating, Brown & Keating, Honker, Sherwood, Nealy cS: Sons, London; and Fitzpatrick 6c Coyne. Dublin. London : Printed bv T.uLc Hansard ic S^n«, near Lincoln's-Inu Field*. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-Series 4939 uc »iiS,&^ AA ACUITY °°0 150 656 7