^ wWSWBi'y'Fri MA *»*!* A^ .91 oTER ATIVE 0229 MICROFILMED 1991 COLUMBIA UNIVERSITY LIBRARIES/NEW YORK 46 as part of the Foundations of Western Civilization Preservation Project" Funded by the NATIONAL ENDOWMENT FOR THE HUMANITffiS Reproductions may not be made without permission from Columbia University Library COPYRIGHT STATEMENT The cop^ : ^ law of the United States - Title 17, United States Code - concerns the making of photocopies or other reproductions of copyrighted material... Columbia University Library reserves the right to refuse to accept a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. AUTHOR: ^J"} ** ''.^. I— iO^ F' i Jf M. 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"5^ «*'0»l^eWB^T rf*r*^* •,-,♦» J- t a fr^ lWHfc<%^^ * *,- c Association for information and Image IManagement 1100 Wayne Avenue, Suite 1100 Silver Spring, Maryland 20910 301/587-8202 Centimeter 1 2 3 iiiiiiiiiliiiiliiiiliiii 8 T T Inches iiiiIiiiiIhiiIiiiiImiiIiihIiiiiIiiiiIiiiiIiiiiIi M I II I I I M I M M II 1 9 iiiliii 10 11 12 13 14 15 mm iiiiliiiilniiliiiiliiiiliiiiliiiiliiiiliiiilmiliiii 1.0 I.I 1.25 141 2.8 12.5 1^ 1^ lp-2 2.2 ■ 63 V IIP-' Isl III IS l^a 2.0 L& »- u bUb 1.8 1.4 1.6 I i I TTT MRNUFfiCTURED TO fillM STRNDfiRDS BY fiPPLIED IMfiGE, INC. I**' l\ EXTRACT FROM THE SPEECH OF LORD GRENVILLE, SjX, S^C> S)'€, / )H . T. EXTRACT FROM THE SPEECH OF THE RIGHT HON. LORD GRENVILLE, Chancellor of the University of Oxford, 8^c. 8^c. Sfc. DELIVERED IN THE HOUSE OF LORDS, On Tuesday, April 17, 1821, IN THE DEBATE ON THE BILL BROUGHT UP FROM THE HOUSE OF COMMONS " For the Removal of the Disqualifications under which His Majcsti/s Roman Catholic Subjects now labour.*^ LONDON: PRINTED rOR J. BOOKER, 61, NEW BOND STREET; BY J. F. DOVE, ST. JOHN'S SQUARE. 1822. IV 1^ l^\ EXTRACT, Sfc. Should I have the misfortune of finding that your Lordships differ from me upon the gene- ral principle of this Bill, which I consider as an act of justice^ due to the whole body of our fellow-subjects, professing the Roman Catholic faith, I must still remind your Lordships, that there is a portion of that body who have come before you as separate petitioners, whose case this Bill includes, and to whose unanswerable claims, I am at a loss to conceive what argu- ment can be opposed. This bill comes before us, recommended on the most mature deliberation by the Commons House of Parliament. On every part of it, their authority is of the greatest weight, but it is more especially so in respect to tTie most important provision of this measure ; a provision on which, 6 as it relates to the composition of that assem- bly itself, it was their peculiar, though certainly by no means, their exclusive province to de- cide. This decision they have accordingly made ; not lightly nor inconsiderately, but with a full sense of its importance, with a deep im- pression of its benefits. They, the represen- tatives of the whole body of the people of this United Kingdom, united I trust not in the law only, but in interest and affection; they tell us in this Bill, that after long, repeated, and deliberate consideration, they see no danger, but, on the contrary, the greatest possible ad- vantage, to all the best interests of the state, from extending to the Roman Catholic, an equal eligibility with the Protestant, to share in their deliberations. They are willing, they are solicitous to admit him, to participate with them in the high trusts and duties, which he, like them, may derive from the confidence of their electors. They know not on whom that choice may fall ; this is for their constituents to determine. But they feel the most entire as- surance, that these differences of religious faith, such as they now exist, afford nO ground what- ever for narrowing the choice of the elector, or for disqualifying him who may be chosen, from availing himself of that high distinction, and sharing with them in the councils of his country. Your Lordships have now a similar question to consider with respect to your own House ; but you approach it in a very different manner. You have to determine upon the wisdom and justice of admitting into this high assembly, not a new class of persons, whose numbers, and whose individual characters, you cannot previ- ously anticipate ;— but peers of parliament ;— but members of your ownbody ;— menof the highest birth and rank ;— holding their title to sit and vote in this House, by the same right of heredi- tary descent, which they enjoy in common with your Lordships, and which they trace (in nearly all their cases) to a much higher antiquity, than most of those whom I have now the ho- nour to address. It is your^ at this hour to judge, and to pronounce in the face of the world, whether it be now necessary, and, if it be not necessary, it cannot be just, to continue that \ )/ 8 painful deprivation, by which some of the most illustrious, and ancient members of your body, are debarred of their legitimate, of their here- ditary, and constitutional rights, and by which the whole body of the peerage is in their per- sons crippled and degraded. — Thereis no doubt as to the extent or operation of this measure ; your Lordships know the persons to whom it applies, you see their numbers, and none are so well enabled as yourselves to judge of their principles and characters. On these it would indeed be gratifying both to me and to your Lordships^ that I should di- late ; but in this place, and on this occasion, it would be worse than superfluous. It would seem to imply doubt and distrust, where none can possibly exist. Living as they have lived, among those whom I now address, they have long since been well and thoroughly known to you. But if there be in this numerous and high assembly, a single individual, who enter- tains the smallest apprehension on that subject, of him I should request, that he would select from among the six or seven distinguished per- !'■■ 9 sonages in question, one name to which suspi- cion has ever attached, or that he would state any plausible ground, for the belief that any thing but honour, advantage, security, and cre- dit to ourselves, could arise from admitting these ancient peers to the enjoyment of their hereditary rights, and from obtaining to our- selves, and to the public, the benefit of their co- operation and assistance in the arduous con- cerns of our country. Your Lordships will be pleased to bear in mind^ that no new concession is here asked, no fresh privilege contended for. This is an ori- ginal right, restricted, not forfeited ; suspended, not destroyed: a right derived from the highest sources, recognized by British jurisprudence, and co-ordinate with the fundiamental prin- ciples of our government itself. The ancient in- heritance of these noble peers is inherent in their persons, constitutionally annexed to their rank and station, and of which they cannot even for a moment be deprived, but by regular process of law, or by extraordinary legislative interpo- sition, grounded on overruling necessity. I !• 10 The question here relates to an original right: It is therefore incunibent upon those, who op- pose this respectful, but confident claim, to shew either that the exclusion was originally founded on proof and conviction of some hei- nous crime, corrupting in its source the stream in which their rights have been transmitted to them, or, that it was adopted for the necessary security of the state, and cannot now be re- scinded, without again exposing the community to manifest and imminent danger. With re- spect to the imputation of crime, who will now allege it? Who is so ignorant of our own his- tory, as not to know, that the guilt of those horrible transactions, of which this exclusion forms a part (stained as they are with the most nefarious guilt), attaches to all who were in any shape concerned in them, excepting only on their unhap[)y victims? The ancestors of these noble persons suflFered that sanguinary persecution ; they themselves now labour under this cruel and unjust degradation, in conse- quence of the memorable, and infamous perju- ries, of the execrable Titus Oates and his ac- 11 complices. It is to the crimes of those atro- cious wretches, not to the principles of the Re- volution, that we trace the exclusion of the Ro- man Catholic peers from the enjoyment of their ancient birthright. The principles of the Revo- lution are abhorrent from such iniquities. The act from which they pray to be relieved, pass- ed not in the reign of William, but in that of Charles; not one of the best, but one of the worst monarchs that ever filled the English throne : not in that era to which we look back with pride and gratitude, but in that which ne- ver can be remembered without shame and in- di2:nation, without detestation and horror. Greatly would it redound to the character and honour of our country, were it possible, that not only this gross injustice, of which these noble persons now complain, but that with it, every other trace and memorial of that humi- liating portion of our history, could be torn from our records, and obliterated from the remem- brance of mankind ! But to the interests of mankind itself, it is of far greater importance, that the memory of these horrid crimes should I 12 13 be perpetaated, that they should remain to bear witness against their actors, even to the latest periods of the world ; fixed as a beacon and land-mark to all succeeding generations, a dreadful example of the excesses into which men, otherwise moderate and virtuous, may be hurried by the impulse of factious zeal and re- ligious animosities; a memorable warning to all public parties how wicked and how perilous it is to irritate and to inflame these furious pas- sions, to mix them in political contest, to arm religious sects against each other in civil strife, and to teach them reciprocally to palliate and even to applaud their own injustice and cruelty, on the detestable plea of retaliation against their adversaries. Among the transactions of which I have been speaking, there are two principal acts of the English Legislature for which it is im- possible to account on any other ground but from that evil principle. These acts, stand pro- minent among the immediate consequences of the gross imposture and astonishing delusion of the Popish Plot, and of the shameful en- 1^ couragement given by Parliament to that atro- cious fabrication : one of them, I grieve to say it, casts a deep and peculiar stain upon this as- sembly. — It is nothing less than the judicial MURDER OF ONE OF YOUR OWN MEMBERS, LoRD Stafford, a peer venerable in age, unblemished in character; accused on evidence unworthy of credit in any case, and pursued with unre- lenting fury to the scaffold, on a charge so ma- nifestly absurd, contradictory, and impossible, that no evidence could have established it to the satisfaction of an impartial and calm tribu- nal, resolute to discharge its duty in defiance of popular delusion. And let me here remark, that, when the cruelties exercised in former ages under the sanction of popes or councils, or of any other ecclesiastical or civil authority, are referred to for the purpose of vilifying our fellow Christians of the present day; those who indulge in such remembrances would do well to recollect with humiliation what may be urged of such an act as this, committed in the much later period of Charles II. and by the ParliamentofEngland;— a criminal proceeding. i f 14 carried on at the suit of the Coiunions ;— judged by the Lords;— and executed under the autho- rity of the Crown: but of which Mr. Fox has truly said, that it casts an indelible disgrace on all concerned in it, king; parliament; judges; juries; witnesses; and prosecutors. Nor was this act, horrible as it was, the ju- dicial murder of a peer, the only crime to which these iniquities gave birth. It was on the same monstrous evidence of Gates and his accom- plices, imputing the same impossible guilt, that many other such murders were committed by the other tribunals of the land; and it was on the same ground, and under the influence of the same blind, but too voluntary delusion, that Parliament, unsated with individual vengeance, proceeded to enact that general disqualifying statute which at this hour excludes these peti- tioners from their birthright.— A law of high and severe punishment, but in which, not even the most ordinary forms of justice w-ere ob- served. There was in this case no trial ; — no sen- tence ; — no attainder ; — but the legislature act- ing in blind subserviency to the maddened fury r 15 of the moment, visited on the whole body of the peers professing the Roman Catholic reli- gion ; men innocent, untried, some of them un- accused ; the same foul and false imputations on which they proceeded to the unjust destruc- tion of an individual. This cruel statute is the second of the two Acts of that period of which I have spoken : the first indeed in date, and second only to the other in injustice ; and it is from this that these Petitioners now pray to be relieved. Is it pos- sible that you can refuse their prayer ? An un- just prescription was established against the innocent of former times, will you maintain it against their descendants? — men not merely blameless, but worthy of all honour ? what would this be, but to declare our own adherence to these transactions, and seemingly to counte- nance, what in reality you most condemn, the guilt and shame of their original contrivers ? Your Lordships contemplate with horror the murder of Lord Stafford — will you continue to punish HIS descendants for a crime of which he could not by possibility have been guilty? will f 16 you refuse to the descendants of that most in- nocent and injured nobleman^ and to the de- scendants of his fellow-sufferers, that portion of justice which it is still within your power to extend to them? — will you sanction by your own authority, will you adopt as your own act, all that still remains to be executed of that enormous and unexampled wrong? The wisdom of this country, and its humanity, which is its best wisdom, has, I rejoice to say it, in our day, been prone to a reversal of attainders, even of those whose justice was unquestioned : but here are cases of continued and protracted punishment, where nothing but innocence can be traced through the long track of proscrip- tion ; cases, in which men of the highest birth and character are still deprived of their inheri- tance, in consequence of an unjust prejudice, resting solely on the evidence of the most infa- mous witnesses, and in a case, in which the in- nocence of the accused was, only four years after his execution, solemnly recognized and declared by his judges ! My Lords, it cannot be upon this ground of I f®:; 17 pretended guilt, no one can be found to argue for the maintenance of this proscription. Is it possible then, that any public necessity can be alleged in its support ? How is it that the restoration of justice to the innocent, is to produce danger to the state ? What, can the state be endangered by the admission of the Duke of Norfolk to the full enjoyment of his ancient and hereditary honours?— Will the in- terests of the Crown; will the dignity of this House ; will the authority of parliamtiU; or will the mixed and venerable Constitution of our Country suffer from ^25 taking his place amongst us, as the first in rank and dignity, even in this great and high assembly ?— Will the glory of the English name be tarnished, or will the heroic ardourofits present champion be discouraged by ourrecalHng the Earl of Shrewsbury to the functions of that dignity which he derives from his great ancestor, the reward, as we are told in history, of more than forty victories gained in the service of our country ? But I rest too long on this point; this notion of danger from the admission of right, this B 18 supposed duty of denying justice lest evil should ensue, is unworthy even of an argu- ment in this place. Your Lordships know, all who hear me know, that no such danger really does exist. I forbear, therefore, to press these topics far- ther ; I will say nothing at this time of the con- stitutional tendency, of that precedent, which Parliament has left us by this statute ; a pre- cedent of suspending without crime, and with- out necessity, those legislative functions which the constitution had created. A precedent, well worthy the deliberate reflection of those whofeel as your Lordships do, that your hereditary right to share in the councils of our country, is not given for the gratification of individual vanity, or the exaltation of personal dignity ; but on principles of the highest public policy, and for the most important benefit to the interests of the whole community. The grievance which I have now been endea- vouring to recommend to the favourable atten- tion of your Lordships, forms however but a small part of the great measure, on which we I 1: 19 are this day deliberating. I feel deeply for these noble persons ; their case is, in my judg- ment, one of almost unexampled injustice and cruelty ; but let no man imagine, that I wish to confine to them the redress which is asked for all. I am unalterably convinced, that much more than the remedy of this partial wrong is the necessary duty of Parliament. There truly is a state necessity which does apply to this whole subject — the necessity of doing full and speedy justice to the great body of these our fellow-subjects. Until this be done, the peril is, in my judgment, imminent ; and it is conti- nually increasing. The mischiefs already pro- duced by the past unhappy disappointments of this measure are infinite and irremediable; and in every hour's delay there is a rapid progres- sion of accumulating evil. Printed bj J. P, Dove, St. John's Sqaare. I Jl'