N NEGA TIVE . 91-80229 MICROFILMED 1991 COLUMBIA UNIVERSITY LIBRARIES/NEW YORK 66 as part of the Foundations of Western Civilization Preservation Project" Funded by the NATIONAL ENDOWMENT FOR THE HUMANITIES Reproductions may not be made without permission from Columbia University Library COPYRIGHT STATEMENT The copyright law of th: United States - Title 17, United States Code - concerns the making of photocopies or other reproductions of copyrighted material... Columbia Ur * ity 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. A UTHOR yy 1-r- ■'«■' " -»- \n ■'■»-. ■, * r/TLE; PLA CE: -/ 826 art *r "^-^ T, GEORGE GRENVILLE '-%. I ENT T OF THE.... I COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DEPARTMENT BIBLIOGRAPHIC MICROFORM TARGET Master Negative ft Original Material as Filmed - Existing Bibliographic Record FUL/BIB NYCG91-B71327 Acquisitions - Record 1 of 1 - Record added today NYCG-TLK CP:nyu PC:r MMD: 010 040 050 100 245 RTYP:a OCF: INT: ST CSC 6PC REP FRN MOO BIO CPI MS SNR FIC FSI COL EL ATC CON ILC EML AD:08-06-91 UD:08-06-91 MEI:0 GEN: 11:0 BSE: I tiKS/PROO Books FIN ID MNUGRCA06211-B + ID:NYCG91-B71327 CC:9665 BLT:am L:eng P0:199l/1826 OR: POL: DM: RR ca06211 NNCt^cNNC. BX1492^b.N8 Nugent, George Nugent GrenvilIe,i:cbaron ,{^dl789 1850. A plain statement in support of the political claims of the Roman Cath olicsrhC microform]; 260 London, i^bl. Hookham,{:cl826. 300 1 p.l. , 84 p.rC22 cm. 650 20 Catholic emancipation. LOG RLIN QD 08-06-91 10 02 FILM SIZE:„___3S_m IMAGE PLACEMENT: lA DATE FILMED: TECHNICAL MICROFORM DATA IB IIB REDUCTION RATIO: fU INITIALS HLMEDBY: RESEARCH PUBLICATIONS, INC WOODDRIDGE. CT T^H* r Association for Information and image Management 1100 Wayne Avenue, Suite 1100 Silver Spring, Maryland 20910 301/587-8202 Centimeter 12 3 4 iiiiiii TTT [■■■■■;'['^''['''|'';'['''' 5 6 7 8 9 10 liiiiliiiiliiiiliiiil|iiiliiiil|iiil| iiiliiiiliiim^ liiiiliiiiliii Inches 1.0 I.I 1.25 I I I I I I I I I I I I I I 2 3 TTT n 12 13 14 liiiili|iili|iili i iiliiiiliiii III 15 mm yTTTT Uk 2.8 2.5 1^ ¥'. 2.2 tf^ 36 •• ^^ Sr iia 2.0 i& •^ u l^bu 1.8 1.4 1.6 m i MfiNUFfiCTURED TO flllM STflNDfiRDS BY fiPPLIED IMRGE, INC. / ^ No.2 A PLAIN STATEMENT IN SUPPORT OF THE POLITICAL CLAIMS OF THE ROMAN CATHOLICS; IN A LETTER TO THE REV. SIR GEORGE LEE, BART. BY LORD NUGENT, MEMBER OF PABUAMENT FOR AYLESBURY. I I; '1 LONDON: PRINTED FOR T. HOOKHAM, OLD BOND STREET. M.DCCC.XXVL .J.!^ Mi PLAIN STATEMENT, Sfc. MY DEAR SIR GEORGE, m;; l*rinled by J. and C. AUlard, liaitholomew Close. Some of my Electors have desired rae to put through another edition, a Letter, which I ad- dressed to them in 1820, on the Catholic Question. To any such desire, so expressed, I am bound to attend ; holding, as I do, from them and from you all the means I possess, or am ever likely to possess, of giving the support of a vote to any measure of public concern. At the same time, I know that it is not their wish that I should be called upon to repeat, in a form which would in some respects be disagreeable to me, mere opinions, the repetition of which, if it would be irksome to myself, I may well conckide would be much more so to others. On looking at that publication, which is little rnore than a very hasty vindication of the course which I early adopted, and have always maintained, on the subject of the Catholic Claims, I see many reasons for wishing to put a2 J* into a different shape whatever parts of it our friends may think worth being repubHshed at this time. I find, it is true, no opinions advanced in it by which I am not still very wilHng that my con- duct should be regulated and judged ; but I find many things done carelessly, at least done in a manner which I may be allowed, after six years, to think might be better for reconsideration. But, my dear Sir George, I will confess that I have another motive for wishing to alter the form of that Letter, and address my Constituents through you. It is not on account of your profession as a clergy- man, because, in my judgment, clergymen have, as such, no business with this or any other purely political question ; nor is it only on account of the entire coincidence of opinion which I am happy to believe exists between us on every matter of pub- lic importance. It is because, recommended by you to the notice of those who have elected me to Parliament, I am accountable to you, among the first of that body, for my opinions, and for the grounds on which they have been formed ; and be- cause, if I wished to put them on record with my Constituents, for the first time or the last, there is no man under whose patronage and sponsor- ship I should be prouder to place them than yourself. The public and private regards of my Electors have been proved towards me in a manner calcu- lated to more than satisfy the proudest feelings V'ft.-. 5 of a man jealous of their esteem. But I am not satisfied with this alone. Invested with a public trust, when I find my conduct or opinions misre- presented before any portion of the body which has conferred it, I vvjll do justice to both by fairly stating, as 1 conceive it, the question at issue. And this must be my apology, if, in some passages adopting the very words of ray former Letter, I may seem to address you in a language of remon- strance, or to confound you with such as I believe are inadequately informed on a subject on which the liberality of your sentiments proceeds not only from a love of truth and freedom, but from full and familiar acquaintance with the different bearings of the great Question at issue. It is unfair towards the cause of Catholic Emancipation that it should be represented, as it so often is by both opponents and supporters, as a matter exhausted in argument. Whatever it may have gained or lost by the mode in which it has been treated, and however trite the case may have become, viewed as one of mere Justice, — consi- dered as one of Policy, the arguments in its behalf vary year after year, as they accumulate in amount and rise in importance and urgency. As far as relates to mere Justice, our case may be said to be closed, and must now be left to the silent but sure prevalence of right over violence and clamour, over the dishonest arts of some Protestants, and the natural prejudices of all. It is enough for that 6 part of the case if it can be shewn that a certain class of our fellow subjects are suffering penalties on account of opinions which have no apparent in- fluence on their conduct in the state. If the enjoyment of certain common-law privileges be the general Rule of the English Constitution, and partial incapacitation be to be considered as the Exception, (which position will not, I apprehend, be denied at least by those who are in the enjoy- ment of them,) I would only submit that we Protestants are bound to justify the Exception, before the Roman Catholics can be called upon to make out their title under the general Rule. I submit that we Protestants are bound to shew that the offence and the danger for which the Roman Catholics were first excluded remain, and remain undiminished. For such exceptions to be just must be absolutely necessary ; to be useful, they must be entirely just. I may assume, then, that unless a case can be established on which, if these exclusive laws had never been enacted, it would be necessary now for the first time to enact them, the argument is closed, and in justice and right the cause of Roman Catholic Emancipa- tion is won. But the friends of the measure may, I think, safely leave this vantage ground, and take the proof upon themselves. 1 think it can be shewn, that neither from remote history, if re- mote history could afford any just ground for penal enactment, nor from recent example, can any case be made out for these disabili- ties ; but that the whole evidence of history and example is the other way. I think it can be shown that the principles of the English Constitu- tion, and particularly those declared at the Revo- lution, are not favourable to the continuance of these disabilities, but the direct opposite. That he who quotes against the Catholic Claims the principles then declared, has fallen into what Mr. Burke, in a tract which in my opinion contains the whole spirit of this great Question, so well exposes as the vulgar fallacy of ** confounding in his mind all that was done at the Revolution with the principles of the Revolution;''^ and that he who describes the English Constitution as a code essentially of exclusions defames that Constitution, and is ignorant of the first principles on v/hich it rests. I think it can be shewn that, even grant- ing the charges of religious error against the Roman Catholics not to be exaggerated, these have nothing at all to do with the Question ; that our charges against them of civil intolerance are for the most part untrue, and might be more colourably charged against ourselves ; and that all that are truly chargeable against them are equally so against us. That, even putting out of con- sideration all claim founded on moral right, ws * Letter to Sir Hercules Laiigrishe. 8 are bound to repair the wrong we are doing them, were it only by reason of the extreme hazard of persisting in it; and, lastly, I think it may be shewn that we are bound to do so by solemn pledges, which nothing but superior power, and clamour which confounds both fact and argument, have enabled us hitherto dishonestly and shame- fully to violate. It would be necessary for those who are disposed to go through these proposi- tions, to bear with a few facts and arguments often before adduced. But this is not our fault ; for, if our opponents hold a number of opinions, venera- ble, as the saying is, from their antiquity, there are likewise a few facts and aro:uments on our side, not claiming, like those opinions of our adver- saries, to be held venerable for their antiquity, but only to be received as sound in spite of their antiquity. It is not our fault if in their old age these must sometimes be brought to take the field ; I wish they had prevailed in their youth, and had accordingly been entitled to an honourable and lasting repose. But we cannot do without them. I believe that there are few subjects on which so many opponents are to be met with of that very numerous class who think themselves justified in feeling strongly without enquiring deeply, who acquiesce in unexamined statements merely to fortify their own preconceived sense of the case, and who are ever recurring to defences a thousand times overthrown, and now, by universal consent \(i I !f 9 of all well informed persons, abandoned, merely because the fact of the discomfiture and surrender may have escaped their not very extensive research, or may have lost its place in their not very im- partial memory. This is a serious diflSculty, because with such persons it is not easv to deter- mme at what precise period of the controversy to begin. There is, however, another class with whom it is impossible to deal : the mere shouters of ''No Popery;" those who, without the desire of enquiry or the capacity of reasoning, think that they see their interest or their honour bound up in a determination never to doubt any early, or accidental, or careless, impressions, to which by habit they consider themselves pledged. Such we can only leave to rejoice in their own conclu- sions, unquestioned and undisturbed, vvithdravvino- ourselves from all dispute with them as we should from the attempt to go through a proposition in mathematics with a person to whom the admission of an axiom appears to be matter of too hazardous generosity, and who accordingly, while expressing his readiness to listen to proof, feels that he owes it to his cause to refuse every preliminary con- cession on which a proof can by possibility turn. Until they shall have done what they never will do, — until they shall have enlightened themselves on the history, not of their own country onlv, but of some other parts of modern Europe, — until they shall have learned what the penal laws were, 1 f 10 and what they are now, — until they shall know the story and condition of the Roman Catholics in this empire, and of Protestants in others, — they must be content to be challenged as Jurors to pass upon this Question. Nay, more, — they must, till then, absolutely abstain from all customary expressions of vituperation against the Papists, on pain of convicting themselves of possessing less than they ought of common honesty, or less than most men would be thought to possess of common discretion. Never, probably, of late years has there been any other topic, on some most material points of which (although for near half a century so much discussed and so deeply felt, and although the prevailing sentiment of the country upon it has of late so much, as you and 1 should term it, im- proved,) so little is even yet generally understood. First, as to what the constitutional advantages are of which our Roman Catholic countrymen are actually deprived ; and, secondly, as to what are the particulars in which it is the object of the friends, as they are called, of the Roman Catholics, to liken their condition to that of others who differ, some quite as widely, from the Established Church of England and Ireland. The first obvious and wide distinction between the political condition of the Roman Catholics and that of the Protestant dissenters is this. The disqualifying laws against the Protestant dissenters have, by the wisdom of / 11 Parliament and the necessity of the case, been ren- dered of no effect; while the Roman Catholics are practically disqualified, tvithout even the pretext of any political tenet being urged against them, and on account only of speculative doctrines of a purely spiritual nature. Now, the latter part of this I am aware Lord Liverpool denies; but am I not justified in so stating it? Surely I am, if I find these spiritual doctrines made the only instruments of their disfranchisement. The Roman Catholics implore you to substitute vvhat civil tests you will, to satisfy yourselves of their allegiance ; and they declare their readiness to subscribe to them. You answer them with an enquiry on oath, not as to how they stand affected towards the Constitution of the realm, but as to how they believe of the essence of a Sacrament and the mediation of Saints. Your Test is not one to ascertain whether a Catholic can be a good subject, but to ascertain whether a man be a Catholic in his spiritual creed, assuming that one who is a Catholic in his spiritual creed cannot be a good subject. Then your real objection must be held to centre in the doctrines of this spiritual creed ; for, if not, even though you should establish a just cause for excluding those who profess it, you would still convict yourselves of doing so on false pretences. If you must punish, let the indictment at least set forth the offence which, according to your opinion, deserves the punishment. ' ip|Hi. 12 The Test and Corporation Acts disqualify Protestant dissenters. I think the absurdity of those acts about equal to their injustice ; and so thinks the Parliament ; and therefore it annually passes an Indemnity Bill, which, though nominally but an annual Bill, knows no end, and has been for more than a century as essentially and per- manently a law on behalf of the Protestant Dissenters, as has been the annual Mutiny Bill on behalf of the Crown and its army. Under it all persons find shelter who, having neglected or scrupled to qualify for office by receiving the Sacrament according to the forms of the Church of England, have become liable to heavy disa- bilities and fine. Thus in practice and eifect the good sense of the Legislature, by interposing this shield, renders the Protestant Disseiiters eligible to all civil oflSces under the Crown ; thereby en- gaging many an honest and able servant to the State, and withdrawing from these public honours the foul imputation that they may be purchased by the abandonment of a conscientious scruple, aggravated by the proflination of a holy rite. From Parliament they are not, and never were, excluded. But the Roman Catholic is deprived of all these ad- vantages, absolutely and literally ; and, if the dis- qualifying oaths speak truth, not because he fails in his duty as a subject, not because his sense of duty is even suspected, but because he invokes the intercession of Saiiits, because he recoirnises .si*- J 18 the Pope in spiritualities, and because he believes in the " real corporeal presence" (and not as the Church of England does, only in *' the body and blood of Christ, verily and indeed received,") in the elements of the Last Supper.* It has always appeared to me that, of all men, Protestant dissenters ought to be the last to object to Catholic Emancipation ; for religious liberty is either an universal principle or no principle at all ; nor can it with justice be extended to certain sects, and withheld from others. I need hardly say, then, how cheerfully I would vote, as I have voted, for the repeal of the Test and Corporation Acts, but only for the reasons which would equally move me to vote for the repeal of all the other laws that disqualify the Roman Catholics. It is said that the Roman Catholics '^ enjoy perfect toleration, because they are permitted to worship God in the manner the most agreeable to the dictates of their own conscience." I should admit that this is '* perfect toleration," could we conclude the sentence thus, '^ without thereby in- curring penalty or privation." But here lies the whole matter of complaint. A man is clearly not left free to do that which if done subjects him to punishment. The CathoHcs, then, are not free to exercise their religion. No syllogism, as it ap- pears to me, can be clearer than this. * Catechism of the Church of England. 14 15 But let us not be mistaken. It is not toleration only that we ask for the Roman Catholics and for Protestant Dissenters : we ask liberty. The very term toleration implies that you possess a power which no human creature ought to claim over the mode in which another worships that Being, *'in whom," according to the words of the Church of England Liturgy, than which man never devised better, "in whom standeth our eternal life," and " whose service is perfect freedom.*' Toleration is but as a scabbard to cloathe the sword of perse- cution : whilst it covers the keenness of the edge, it preserves for use the weapon within, and retains its form. That weapon it is which a government, conforming to the spirit of Christianity or of Liberty, must cast away and renounce for ever. We are told that the relieving the Roman Catholics from the penalties and privations which, by being Roman Catholics, they now incur, would be the giving them political power. Now this is not so: there can hardly be a grosser misuse of terms, or mistake in reality, than to confound Power with Privilege. Privilege is not Power : it is protection from Power. What the Church of England possesses, and what the opponents of religious liberty would retain, is exclusive Power. What we desire for dissenters, Protestant and Catholic, is community of Privilege. Mere eligi- bility to civil office is not Power ; it is Privilege. Mere eligribilitv to Parliament is not Power ; it is 1 J Privilege. Privilege is what belongs to a member of the State ; Power is what belongs to the State itself. These two things, as Mr. Burke expresses it, ''I conceive to be as different as a part is from the whole, that is, just as different as po<^sihle."* But we are sometimes told that, to give full effect to our principle, the Throne itself must be left open to them, or that we are inconsistent. This is by no means a necessary consequence, nor has it the remotest connexion with the premises. I might admit the Roman Catholic to all the rights and privileges of all other British subjects^ and might continue to exclude him from the Throne; and yet I think I could shew that I am not incon- sistent in principle. We have a right to confer Sovereignty, or any other trust, on what terms we please: we have no right to deprive of a franchise but for some proved crime. The Act of Settlement provides that the Crown shall descend to the heirs general of a certain line being Protes- tants. The King of England is supreme head of the Church : the Church of England is Protestant. I think it would be an inconsistency to place a Roman Catholic sovereign at the head of a Protes- tant Church. But, again, is eligibility to the Throne among the ''rights and privileges of other British subjects?'' While there is such a thing as * Letter to Sir Hercules Langrishe. \ 16 constructive treason, I will not say so within hearing of His Majesty's Attorney General. But, with respect to the dangers to be apprehended from their eligibility to office and representation. Parliament, I have heard it said, might be filled with Catholics ; all places of trust and honour might be filled with Catholics ; and England might by degrees become again a Catholic country. Indeed ! — If the House of Commons were to be filled with Catholics, whose fault would it be ? The fault of the electors. I have known the having voted for the Catholics urged with some success as an objection to a candidate at an election. I do not think that the being a Catholic would in many places be a successful recommendation of one. What power is it apprehended is to deprive the people, after Catholic Emancipation shall have passed, of the means of returning Protestants to the House of Commons if they choose it? And if any where the people should prefer the electing a Catholic, I only ask a free choice for the people. But it appears to me that the answer to the whole objection is simpler yet. A religion can prevail in a State only from one or more of these three causes, — its own intrinsic truth and excellence, or the property and talents of its professors, or a si- multaneous inclination and consent of the majority of the people. If, then, we say that by the removal of the present restrictive laws, the Roman Catholic 17 Religion would, in any natural, or probable, or even possible, event, ultimately prevail, we must admit that oiir alarms are founded on one at least of these three premises ; either that we are now by penal power oppressing the cause of Truth ; or that we are excluding the majority of the property and talents of our country ; or that we are coun- teracting the general wish of the people. Now, in fact, I do not believe, nor would our antagonists admit, any one of these positions ; and therefore I do not apprehend the prevalence of the Roman Catholic religion. Indeed, it is a supposition which I should reluctantly adopt, because insulting to Protestantism itself, that there is any danger that a form of Church Government, which the spirit and energy of the people overthrew at the beginning of the sixteenth century, should be re-established by common consent in the nineteenth. It would, in other w^ords, be to suppose that the advances of ci- vilization, learning, and liberty, have impaired the popularity, and therefore endangered the security of the Protestant faith. When we argue the right to exclude the Roman Catholics, we represent them as a contemptible Minority ; but when we ar^rue the danoer of admitting them, we suppose them a formidable Majority. Both cannot be true. But then it is said, ''What is now a minority, contemptible for the smallness of its numbers, and contemptible for the bigotry and folly of its pro- fessors, may in process of time become a majority." \ 18 No high compliment this to the zeal, talents, virtue, or popularity, of the Established Church. "If, then," says a Minister of our own Church, the Rev. John Fisher, rector of Wavenden, in this county, in a sermon published some years ago, and entitled, " The Utility of the Church Estab- lishment, and its Safety consistent with Religious Freedom,"* *'If, then, the Protestant religion "could have originally worked its way in this " country against numbers, prejudices, bigotry, " and interest ; if, in times of its infancy, the power " of the Prince could not prevail against it ; surely, " when confirmed by age, and rooted in the affec- " tions of the people, — when invested with authority, " and in full enjoyment of wealth and power, — when " cherished by a Sovereign who holds his very "throne by this sacred tenure, and whose con- " scientious attachment to it well warrants the title " of Defender of the Faith,— surely any attack upon " it must be contemptible, any alarm of danger " must be imaginary." Well do I remember the warm and lasting impression in favour of religious freedom made upon my boyish mind by that excellent discourse preached at Buckingham m 1807, and then pub- lished and presented to my father by its eloquent author ; and happy do I esteem myself that a copy of it is still retained by me ; and happier still should * Sermon of Ihc Rev. J. l-isber, page 14. 19 I be if any persuasions of mine could induce that Reverend Gentleman to re-publish, in times when the avowal of such sentiments comes from our clergy with peculiar grace, a Sermon so full of Christian unction, of social charity, and political wisdom. But I said at the beginning that in my judgement clergymen as such had nothing to do with a purely political question ; I must, therefore, if I cannot refrain from quoting another passage, cite it merely as giving a faithful summary of my own opinion, but expressed in terms admirable for their boldness, and how much more forcible than any that I could employ. *^'But though" (says Mr. Fisher again,*) "it " has happily proved that the cry of danger was " unfounded, /ar otherwise was the danger of the " cry. The beginning of strife, says an experienced " ruler of a people, is as the letting out of waters ; " and when the waters of strife are thus let out, " the dirty torrent sweeps all before it ; and a most " awful responsibility rests on those who would "have employed such an ungovernable instrument, ''even allowing the sincerity of their apprehen- "sions.'f' Let it be duly reflected upon, that the " three divisions of this United Realm have each a " widely diflerent profession of faith, and that in * Sermon of the Rev. J. Fisher, page 15. t Alluding to the cry of " No Popery" raised at the General Election which had just then taken place. b2 20 <* each there are numerous subdivisions of sects, '* dready sufficiently irritated by religious niceties ; '' and then let it be asked if this be an age and a '' country in which to ^ciden religious differences, or " to sport with religious prejudices?'' And now one word respecting the principles sometimes very loosely, sometimes very disinge- nuously, and always very injuriously, imputed to the Roman Catholics as a political party. For it is not too much to require a strong prima facie case against the political character of those whom, by certain statutory exceptions, we bar from the exercise of common law rights. In examining the reasons for their exclusion founded on their former conduct and character as a sect in power, it is somewhat in favour of a re-consideration of their case, that the most generally received illustrations from domestic history bear date somewhere about two hundred and seventy years ago. But I agree that it is ridit first to look to their character in power ; and therefore our opponents, with perfect justice, though with a somewhat too passionate alacrity, always direct our attention to the reign of bloody Queen Mary. But they generally, (which is not quite so just,) having begun with bloody Queen Mary, end with her also. Now, this is an unfair partiality ; unfair upon her religion, unfair upon her family, and unfair upon others who were neither of her religion nor her family. It is true that the details of obsolete barbarities, '' cloathed," 6 21 (as It has been well expressed,) '' in the stolen gar- ments of religion,"* and perpetrated amidst the darkness and fury of the fifteenth and sixteenth centuries, abound in the history of almost every country of Europe. That age may be termed eminently the age of Ecclesiastical Persecution, among all churches and all sects, as circumstances furnished them with the means ; the succeedino- age may be termed eminently that of controversial Vexation. The same year had given birth to Luther and Loyola. The one, as a monk in an obscure German convent, began a system which he lived to see triumph in a considerable part of northern Europe over that papal influence which, from times coeval with the first general prevalence of Christianity itself, had maintained uudisputed an empire claiming to extend beyond the limits of this world. The other was the founder of the mighty order of the Jesuits ; that fierce spiritual aristocracy, which, rapidly spreading itself from Spain throughout the four quarters of the globe, became the dispenser alike, though not in an equal degree, of great good and great evil. If the Jesuits bowed nations to their secular yoke, they taucrht kings also to tremble before the political authority of powerful associations of their subjects. They lorded it over crowns, but gave not liberty to the people ; they guarded letters, and perpetuated by * Ardiur O'Lcary's '' Pica for Libedy of Conscience." ■i I 4 22 education the lights of learning ; they cultivated for the use of man those arts which tend to peace and humanity, yet kindled throughout all the great monarchies of Christendom the flames of what are strangely called religions war and religious perse- cution, and have rendered their name hateful to all posterity as the authors of the Holy Inquisition. Yet if, where Popery kept its ground, it was not by gentle or warrantable means, neither was the march of the Reformed Religion at all more re- markable for that mild and sober spirit which should ever accompany the advances of Truth ao-ainst Error and Corruption. The conflict, which, during the earlier period of its success, was a con- flict of force and of blood, began, as its footing in England, Germany, Switzerland, and Holland became more secure, to affect the softer character of a war of disputation. The infant energies of the Reformation had prevailed, and Protestantism had established itself too firmly to require the assistance of very active or wholesale persecution for its advancement. In this country, a more silent, though not less effectual, and scarcely less cruel, system of persecution prevailed, liy statutes well framed for the purpose and duly executed. At the former period, the mischiefs of a civil war, and a long disputed succession, had scarcely been allayed in this country, the sanguinary habits of our countrymen had scarcely had time to subside, all the recollections and many of the jealousies of ( f 23 the families which had taken opposite sides under the two Roses were still fresh, — when England suddenly became a principal stage on which the great quarrel which divided the Christian Church was to be decided. Queen Mary, weak, bigotted, and cruel, found at her accession the basis but newly laid of the Protestant religion in England. The heresy, still young, was gradually hardening into a formidable maturity. It had been reared in a royal cradle, and not by guiltless means. By royal hands its destruction was menaced, and by means bearing the strongest family re- semblance to those that had protected its infancy, and fostered its growing power. Devoted as Queen Mary was to a husband, who ruled abso« lutely over a country, in arms, in arts, and in commerce, the rival of England, she added to her naturally arbitrary temper other feelings which made her a willing agent in the hands of Spain ; and her reign has been deservedly stigmatised as one of fire and blood. Yet we Protestants have since had the story a little too much our own way, and have argued the matter somewhat after the fashion in which King Henry the Eighth argued the matter of transubstantiation with the unfortunate Lambert; holding, like him, our disputation in our own court, upon evidence exclusively of our own choosing, before our own audience ; and, like him, denouncing severe penalties upon our adver- sary, if judgment should be so given against him. ^ 24 Our histories have not, I believe, stated what is untrue of Queen Mary, nor perhaps liave they very much exaggerated what is true of her ; but our arguers, whose only talk is of Smithfield, are generally very uncandid in what they conceal. It would appear to be little known that the statutes which enabled Mary to burn those who had con- formed to the Church of her father and brother, w^ere Protestant statutes, declaring the common law against heresy, and framed by her father Henry the Eighth, and confirmed and acted upon by Order of Council of her brother Edward the Sixth, enabling that mild and temperate young sovereign to burn divers misbelievers, by sentence of commissioners, (little better, says Neale, than a Protestant Inquisition,) appointed to *^ examine "and search after all Anabaptists, Heretics, or "contemners of the Book of Common Prayer."^- It would appear to be seldom considered that her zeal might very possibly have been warmed by the circumstance of both her chaplains having been imprisoned for their religion, and herself arbi- trarily detained, and her safety threatened, durino- the short but persecuting reign of her brother.^ The sad evidences of the violence of those days are by no means confined to her acts. The faggots of persecution were not kindled by Papists only, • Burnet's History of the Reformation, vol. ii. page 111; Rymer vol. XV. page 181 . Neale's History of the Puritans, vol. i. p. 49. t Strype, vol. ii. p. 249; Heyward, p. 315. -affl*--; i^Wf*. 25 nor did they cease to blaze when the power of using them as instruments of conversion ceased to be in Popish hands. Cranmer himself, in his dreadful death, met with but equal measure for the flames to which he had doomed several who denied the spiritual supremacy of Henry the Eighth ; to which he had doomed also a Dutch Arian, in Edward the Sixth's reign ; and to which, with great pains and difficulty, he had persuaded that prince to doom another miserable enthusiast, Joan Bocher, for some metaphysical notions of her own on the divine incarnation.* '^ So that on both *' sides" (says Lord Herbert, of Cherbury,) ^^ it " grew a bloody timc'^f Calvin burned Servetus at Geneva, for "discoursing concerning the Trinity, " contrary to the sense of the whole Church, and " thereupon set forth a book wherein he giveth an '^ account of his doctrine, and of whatever else had " passed in this affair, and teacheth that the sword *' may be lawfully employed against heretics. "X Yet Calvin was no Papist. John Knox extolled in his w-ritings, as '' the godly fact of James Melvil,''§ the savage murder by which Cardinal Beaton was ♦ Burnetts Reformation, vol. ii. p. 111. Neale's History of the Puritans, vol. i. p. 48, et seq, t Life of Henry VIII. p. 420 ; Burnet, vol. ii. Coll. 35; Strype's Memoirs of Cranmer, p. 181. t Sleidan's History of the Reformation, translated by Bohun, p. 594. § Hume, Edvpard VI. ; Keith's History of the Reformation of Scotland, p. 43. 26 made to expiate his many and cruel persecutions ; a murder to which, by the great popular eloquence of Knox, his fellow labourers in the vineyard of reformation, Lesly and Melvil, had been excited : and yet John Knox, and Lesly, and Melvil, were no Papists. Henry the Eighth, whose one virtue was impartiahty in these matters, (if an impartial and evenly balanced persecution of all sects be a virtue,) beheaded a Chancellor and a Bishop, because, having admitted his civil supremacy, they doubted his spiritual. Of the latter of them Lord Herbert says, ^'The Pope, who suspected not, " perchance, that the Bishop's end w as so near, *' had, for more testimony of his favour to him as " disaffection to our King, sent him a cardinal's ''hat; but unseasonably, his head being off."* He beheaded the Countess of Salisbury, because at upwards of eighty years old she wrote a letter to Cardinal Pole, her own son ; and he burned Barton, the '^ Holy Maid of Kent," for a prophecy of his death. He burned four Anabaptists in one day for opposing the doctrine of infant baptism ; and he burned Lambert, and Anne Ascue, and Belerican, and Lassells, and Adams, on another day, for opposing that of transubstantiation ; with many others, of lesser note, who refused to sub- scribe to his Six Bloody Articles, as they were called, or whose opinions fell short of his, or exceeded them, or who abided by opinions after * Life ol Henry Vlll. p 420. 27 he had abandoned them :*= and all this after the Reformation. And yet Henry the Eighth was the sovereign who first delivered us from the yoke of Rome. In later times, thousands of Protestant dissenters of the four great sects were made to languish in loathsome prisons, and hundreds to perish miser- ably, during the reign of Charles the Second,t under a Protestant High Church Government, who then first applied, in the prayer for the Parlia- ment, the epithets of " most religious and gracious" to a sovereign whom they knew to be profligate and unprincipled beyond example, and, had reason to suspect to be a concealed Papist. Later still. Archbishop Sharpe was sacrificed by the murderous enthusiasm of certain Scotch Covenanters, who yet appear to have sincerely believed themselves inspired by Heaven to thi§ act of cold-blooded barbarous assassination. On subjects like these, silence on all sides, and a mutual interchange of repentance, forgiveness, and oblivion, is wisdom. But to quote grievances on one side only is not honesty. Nor should we, if we eagerly read the story of the massacres of Protestants in Ireland in 1641, turn our eyes • Hume^s History of England, Henry VIII. ; Lord Herbert, id. pages 404, 419, 420, 528, and 530. Sec also for the Six Articles, id, pajifC 508. f Neal's History of the Puritans, vol. iv. page 320 ^< ser/. to page 447. 28 from that of the massacres of the Catholics from the time of James the First to that of King William inclusively. We there find -and, alas ! much later than King William's time we find,— the details of many a dreadful and savage execution (to the very letter of that dreadful and savage law till of late in force against treason,) upo^^i the persons of Roman Catholic priests, the aged, the unoffend- ing, and the pious ;— hanged, but not till they were dead, and then (but those who are curious for such details may be abundantly grati- fied by consulting the Statute Book,) for no other crime than the having administered to the sick and dying the last comforts of their persecuted communion. It was not until the reign of Georcre the Third that the laws were repealed by which it was death to ofl^ciate at the Mass. Under these dreadful laws many hundreds of priests have been put to a cruel and ignominious death. The history of massacres on both sides have however, as might have been expected, been strangely exaggerated. For example :— Borlace (a writer very zealously quoted by some who are eager to revive the remembrance of outrages long past, and feuds that ought to have been long ago reconciled,) states that in 1641 no less than one hundred thousand Protestants were murdered in the course of a few days in Ireland. Sir John Temple, another historian equally in repute with the same party, and whose authority, in spight 29 of consanguinity, I am constrained to doubt, calcu- lates the proportion of Catholics to Protestants in Ireland as thirty to one. Now let us suppose that only five Protestants escaped for every one who was murdered, man, woman, and child, throughout the land, (which is the very smallest allowance we can make, considering that the whole massacre lasted but afewdays,)and this givesus,on the joint authority of these contemporary historians, a gross population of at \eastsix hundred thousandProtestants and eighteen millions of Catholics \n Ireland in 1641. Hume, more moderately, estimates the Catholics as only in the proportion of six to one to the Protestants, but says that by some computations those who perished are supposed to be 150 or 200,000 ; and yet, with all the powers of multiplication of that fruitful island, I believe that the highest estimate of its population now does not far exceed seven mil- lions. But, leaving what may be termed the fabu- lous and heroic ages of Protestant and Popish Nar- rative, what are we to learn from the uncontested facts that remain 1 Why that Persecution and Mur- der do not belong to the tenets of any sect of Chris- tians. That these histories are the histories of bad times and of bad men, such as all ages and all large sects have produced ; but that the laws of the present age, and that manners more powerful than laws, (such as enable the stranger now to approach the fortresses of Arundel, or Wardour, or Stafford, witliout fear of sling or bow-shot,) may ( 30 be trusted to restrain the subjects of this realm of whatever sects, in the nineteenth century, from re- viving the theological labours of those two ancient co-missionaries, Fire and Sword. " I tcill be attacked (says O'Leary,) with the '' council of Lateran, the wars of the Albigenses, the " massacre of St. Bartholomew, &c. I am a Chris- ** tian, and deny the transmigration of souls. I am " no wise concerned in past transactions ; or, if my ** relio-ion be charo:ed with them, I have in my hands ''the cruel arms of retaliation."* Then let us be just. Let us remember, whilst we accuse the Roman Catholic religion of the atrocities of Queen Mary, that we should not relish the hearing our own charged with the murderous acts of her father and brother. Henry the Eighth was the first Protestant King of England ; yet what Papist is there so wicked or so mad as to maintain that it is a practice sanctioned by our religion to marry six wives, divorce three, and behead two. And yet this would be a mode of reasoning nearly as liberal, as wise, and as true. Far different, however, from the reigns of the three sovereigns of her house immediately preceding her, was, with all its * O'Leary's Remarks on Mr. Wesley's Letter. In quoting from the works of this eloquent and patriotic Irishman, of course I am not guilty of the arrogance of changing a word. I would \enture, however, to suggest, that by the term of volition printed in italics at the beginning of the sentence is meant only the sign of the future tense. 31 violencies, that of Queen Elizabeth. She was seldom a persecutor for mere religion ; and she loved her country too well, and was too proud of it, to content herself with being the Queen of only one party in it, in order to become the oppressor of the rest. She was arbitrary by the acclamation of her people ; she was cruel from the dangers that surrounded her. Her Parliament, it is true, de- clared the corresponding with the see of Rome to be high treason. But the proof that this was not a law against the religion simply was that this law was not extended to Ireland. She burned Papists, it is true, in numbers sufficient, if not to balance, at least to countenance, the persecutions of her sister. But it appears that she seldom burned them from a mere controversial impulse; it was usually when she found one who favoured the political views of the Queen of Scots, or the poli- tical doctrines of the Jesuits of Spain, that she took the short road to Justice, and destroyed him as a Papist. But the Catholics of England were not even in those days justly chargeable as a body with joining either of these parties, or with being disposed to obey the deposing bull of Pius V. And the Spanish admiral Medina Sidonia knew it, when he said that '' if he had landed he would " have made no more distinction between Catholics "and Protestants than what the point of his sword ''would have made between their flesh." And Queen Elizabeth knew it, and acted as one who I 32 38 knew it. For Catholics sat indiscriminately with Protestants in her Parliaments; and she admitted persons of all religious persuasions to her councils and to the highest offices of the state. Lord Pembroke, her Governor of Dover Castle and Keeper of her Great Seal, was a Roman Catholic. Lord Clifford, her Warden of the Scottish Marches, was a Roman Catholic. And there is every reason to believe that Lord Effingham, tvho commanded her fleet against the Spanish armada, whose ban- ners the Pope himself had blessed, was a Roman Catholic. The history of the causes that led to the severities she practised should be more fully studied than it generally is, before Justice can, I think, be done to the memory of this glorious Princess. It tends, however, to establish this fact, that generally these were '' acts of signal severity " against those who were privily practising for ^' Rome and Spain, and who, to attach the '^ unlearned and meaner sort to their party in the *' state, made religion a pretence^* But if we acquit the Roman Catholic religion of being essentially and uniformly a religion of blood, what remains? That it disturbs the undi- vided allegiance due to the sovereign, and intro- ♦ See Sir Francis VValsingham's Letter; William Lord Bur- leigh's " Execution of Justice in England j" also Dr. Birch's *'View of the Negociations between England, France, and Brus- sels;" also Lord Bolinbroke's ♦* Essays on English History,'* Reign of Elizabeth. 1 duces a foreign and superior jurisdiction. This is at least a milder charge, and one bearing a fairer character of probability ; yet, if English history be evidence, a charge equally untenable and un- true. If I am told that there were treasonable negociations between English Catholics and foreign countries whilst their reliction was sufferins: under active and fiery persecution in their own, I protest against the nature of the evidence. It does not touch the charge. While, by the penal system, which lasted for more than a century and a half, the English government pursued them as enemies, of course they were enemies of the English govern- ment. The extirpation of the Roman Catholic religion was the avowed object of the Protestant government; the overthrow, then, of the Pro- testant government I take it for granted was the first, and dearest, and deepest, as it was the most natural, among the secret wishes of the Roman Catholics. But I appeal to their conduct since the mitigation of that system, and I stake the cause upon the issue of that appeal. Nay, throuoh- out the early history of this country, in the high and palmy days of Popery, in the days when emperors held the stirrup of a Pope, and kings did homage to him for their crowns, from the time when our Roman Catholic ancestors, in defiance of the Pope, gave us Magna Charta, and the Statutes of Mortmain and Provisors, and, in re- jection of his Canon Law, recorded their immortal c *. , I 34 protest, '' Nolunuis leges," &c. down to the period of the Reformation itself, shew me the time or the in- stance in which the Roman Catholics of England ever admitted or recognized the interference of the Pope in matters of state between them and their sovereign, and I give up the argument. The history of Catholic England for centuries is one of almost unceasing attempts on the part of Popes, sometimes supported by the king, some- times in opposition to the king, to obtain a temporal ascendancy here ; but it is also the history of un- ceasing, firm, and successful resistance on the part of Catholic England. Again, J say, shew me that I am wrong in this fact, and I give up the argument. But it is said, and from high authority too, that to a king who is not a Roman Catholic, they cannot bear other than a divided allegiance. I say the charge is unsupported by fact, and, if it were true, would not be a very discreet charge to make against more than seven millions of people, now livino* within the allegiance of the king of this empire. I say, further, that it is disproved wherever Roman Catholics are admitted (and that is every where but here,) to a full enjoyment of civil rights under sovereigns not of their creed. I say that it is disproved in Prussia, disproved in Denmark, disproved in Sweden, disproved in Hanover, dis- proved in the Netherlands, disproved throughout the Russian Empire, and proved nowhere. Vi B 35 It is a charge not imputed by the laws of England, nor by the oaths which exclude the Catholics; for those oaths impute only spiritual errors. But it is imputed, which is more to the purpose, by those persons who approve of the ex- cluding oaths, and wish them retained. But, to the whole of this imputation ; even if no other instance could be adduced ; as far as a strong and remarkable example can prove the negative of an assumption which there is not a single example to support,— the full, and sufficient, and incontestible answer is Canada. Canada, which, until you can destroy the memory of all that now remains to you of your sovereignty on the North American continent, is an answer practical, memorable, difficult to be accounted for, but blazing as the sun itself in sight of the whole world, to the whole charge of divided allegiance. At your conquest of Canada, you found it Roman Catholic ; you had to choose for her a constitution in Church and State. You were wise enough not to thwart public opinion. Your ow^n conduct towards Presbyterianism in Scotland was an example for imitation ; your own conduct towards Catholicism in Ireland was a beacon for avoidance; and in Canada you established and endowed the relio-ion of the people. Canada was your only Roman Catholic colony. Your other colonies revolted ; they called on a Catholic power to support them, and they achieved their independence. Catholic c2 /ft i '. ' -. 36 Canada, with what Lord Liverpool would call her half-allegiance, alone stood by you. She fought by your side against the interference of Catholic France. To reward and encourage her loyalty, you endowed in Canada bishops to say mass, and to ordain others to say mass, whom, at that very time, your laws would have hanged for say- ing mass in England; and Canada is still yours, in spight of Catholic France, in spight of her spiritual obedience to the Pope, in spight of Lord Liverpool's argument, and in spight of the inde- pendence of all the states that surround her. This is the only trial you have made. Where you allow to the Roman Catholics their religion undisturbed, it has proved itself to be compatible with the most faithful allegiance. It is only where you have placed allegiance and religion before them as a dilemma, that they have preferred (as who will say they ought not?) their religion to their alle- giance. How then stands the imputation? Dis- proved by history, disproved in all states where both relio:ions co-exist, and in both hemispheres, and asserted in an exposition by Lord Liverpool, solemnly and repeatedly abjured by all Catholics, of the discipline of their church. That their religion is one that tends to civil slavery, is a position difficult to maintain by proof. Take the small but free states of Italy and Dalmatia as an instance, which for ages preserved their national independence, till abolished, some by that •j-<.. (»,i. ,->»-'. 37 power before which all the large states of the continent bowed, and others by that subsequent fury of partition and annexation which has changed the relation of almost all the small ones. Take, as an instance, among those " monuments of the justice of Europe, the asylum of peace, of industry, and of literature, the organs of public reason, the re- fuge of oppressed innocence and persecuted truth,"* among the republics of Switzerland, take the seven Catholic Cantons, who were the first in arms for liberty against the invader, and the last to be subdued. Let the sad and bloody tragedy of Poland shew that their religion, although main- taining as essential the duty of spiritual subjection, is not incompatible with the purest and most gallant love of political freedom. Let our own constitution, founded, declared, and preserved, by our Catholic ancestors, speak for their children, who are excluded from some of its most important benefits. Public liberty, though it may depend on some abstract and remote principles for support, and though many are the passions and prejudices that may be excited to endanger it, is not, in England at least, to be put to hazard by mere tenets of spiritual belief. But our systems and habits, and the difficulties and risks through which our liberty has been reared, have made our love of it a very jealous love, and it is not * Mackiulosirs Defence of M. Peltier, p. 88. 38 much to be wondered at that, in searching our stores for weapons of vituperation against the Roman Catholic religion, we should sometimes be tempted by a climax as untrue as this, ''Popery every where, and at all times, the code of Civil Slavery." But neither the tyranny endured throughout the reigns of the Plantagenets, nor the slavish doctrines acquiesced in during the reigns of the first of the Tudor or the last of the Stuart kings, can be justly attributed to the influence of the religion which then prevailed. The courtly Protestants of the days of James the First were as lavish in blasphemously assigning to a weak and detestable man the attribute of divine delegation, as were the courtlv Catholics of other davs. It was not a Popish parliament which told James the First that *' they were but as the breath of his nostrils ;" nor w as it a Popish bishop who said of him, " he verily believed he spake with the spirit of God." Such were excesses of arbitrary and corrupt courts in all ao*es. In 1683, the decree and address of our two universities, the former published on the very mornins: of Lord Russel's execution, not only asserted the divine right of kings, and the duty of non-resistance in subjects, as doctrines maintained by themselves, and taught to the youth placed under their care, but declared the contrary position to be ''impious and heretical."* This extra- * See Oxford Decree and Caf>.bridji;L' Atldress, lGb>5. 39 ordinary display of principles appearing, by a singular coincidence of dates, just five years after the enactment of the oaths excluding Roman Catholics, and just five years before the revolution. Nor is this fact less singular, that, still nearer that event, on the bill for the exclusion of the Duke of York, the whole bench of Protestant Bishops voted according to the wishes of the sovereign and the heir presumptive ; albeit, for the admitting a notorious and avowed Papist to the throne of these realms.* " And the clergy," says Burnet, " set " up a higher note, with such zeal for the duke's " succession, as if a Popish king had been a special " blessing from heaven, to be much longed for by "a Protestant church. "t Now, would it not be most untrue if a Catholic, using the " cruel arms of retaliation," were to declare that such instances of profligate baseness proceeded from some time-serving spirit inherent in Protestantism, or that it was owing to the genius of our religion that Denmark, Sweden, and Norway, which were limited monarchies in their Catholic times, became absolute when they became Protestant. It is said that their religion is intolerant wherever it is the religion of the state. Not only this is not true, but, if by this is meant that in by far the greater part of Catholic Europe the governments * Burnet. Own Times, vol. 2, page 482. t Own Times, vol. 2, page 501. 40 do not freely tolerate the professors of other creeds, I say the direct contrary is the truth ; and I appeal to facts to which those who have not industry and fairness to look, and still hold this language, impeach both their candour and their wisdom. In very much the greater part of Popish Europe, (and I say "Popish,'' in order to deal fairly and exclude all Russia, of which, however, the same thing is true, and where transubstantiation is potently believed, and a prodigious number of saints worshipped,) throughout the whole Austrian Empire, and French monarchy, Protestants are not onlv bv law tolerated in their worship, but admitted in common with Catholics to all the privileges in the state to which Catholics are now petitioning to be admitted in England, But, with reo-ard to France, how much am I understating the fact ! A complete establishment, beneficed by the state, is at this hour enjoyed by the Protestant clergy in France. Equal to that enjoyed by the established Roman Catholic clergy of that country? No ! For their salaries are much larger. By the law of France, every clergyman is salaried by the government, the amount being regulated by the extent of his cure, and by the comparative expence of living in the part of the country where it is situated ; so as to secure to each a decent and liberal maintenance. The clergy of their national church being by its discipline forbidden to marry, are provided for as single men. The Protestant M V 41 clergy, being by their discipline permitted to marry, and being therefore presumed by the government to be married men, receive each a salary nearly one third larger than what is given to a priest of the established church. Now if this be untrue, let me be convicted. But if it be true, I call on every Protestant brawler for shame to be cautious in what he says upon the comparative liberalitv of Catholic and Protestant States to their Dissenters. With the exception of the Pope himself, there are but three sovereigns now in Europe in whose do- minions a difference in religion is held to be an objection in law to the filling all civil functions ; — Ferdinand of Spain, Sultan Selim of Turkey, and the King of England. Av, but there is a oreat difference between tolerating Protestants and tolerating Papists. What is justice and right for the one is not neces- sarily justice and right for the other. On these points *' your shop (as Mr. Burke says) is full of *' false weights and measures ; and tlie adding or *' taking away the name of Protestant or Papist alters all the principles of equity, policy, and prudence ; and leaves no common data on which u (( '* we can reason." Let it not, then, be said that I aiu wantonly contrasting the narrowness of our own policy with the comparative liberality of Roman Catholic go- vernments, if I give an outline of the condition of persons of their communion with us. I wish the 42 contrast did not exist, and 1 wish that I could now witness the astonishment with which every man in EnHand will, I am convinced, in a very few years hence, look back upon the disgraceful ano- maly which our Popery Code has so long exhi- bited ; standing, like the " tall bully" of the city of London, a monument of senseless calumny and injustice, eminent and alone in its shame amidst all the surrounding institutions of our national prosperity, strength, and glory. I believe that what remains of that code is not generally known. It should be known universally. Look at home,— to England. The Roman Catholics are not only precluded from sit- ting and voting in either House of Parliament, they cannot in England or Scotland fill any office, the lowest, of civil trust, under the crown. A Catholic cannot in this island act as a magistrate. The Duke of Norfolk at the coronation tendered to the Kinjr his fealty in the name of all the peers of the realm, of whom he is the first. As such, he takes his stand nearest to the throne. But, though first by the side of his sovereign, and highest among the nobles of the land, he is disqualified from the more select honours of a seat at petty session. Of the names that are attached to Magna Charta, every one that still survives the lapse of time survives in the person of a Roman Catholic. But the names that attested and ratified the first title-deed of Englisii liberty cannot now authorise 1 43 i the relief of a parish pauper. In this island a Catho- lic cannot act as an exciseman. The excise and customs of Great Britain and Ireland are now con- solidated. In Ireland it is not held necessary to ascertain the dogmatical tenets of a man, in order to qualify him for collecting the revenue ; but let him be removed to England, and not a bale can be landed or barrel gauged unless transubstantiation shall have been previously renounced, and invoca- tion of saints declared idolatrous, on the corporal oath of both tide-waiter and ganger. The Roman Catholics of Great Britain have no vote at an election. They live under laws made and taxes imposed by a body in which they are not represented. In this respect, and in every other except the inheritance of land, they are as aliens. Well then, if they suffer under the disqua- lifications of foreigners, have they the privileges of foreigners ? I have always considered the sum^ mary of Esiglish freedom to consist in the protec- tion given to our rights, — 1st, by the being repre- sented in Parliament ; — and 2dly, by the being able to claim, in cases of life, liberty, or property, a trial by our peers. Having, then, by our laws deprived the foreigner of some of the higher benefits of English citizenship, we have felt it just to give him a special protection in compensation : the power to claim a jury half of foreigners, his fellows in rcvspect of privilege. A French Catholic, a Spaniard, an Italian, may claim a jury half of 44 Catholic foreigners. A Catholic, born a citizen, but by your laws disclairaed as a fellow citizen, is amenable in property, liberty, and life, to a tribunal before which he alone cannot claim to be tried by Ills fellows. This grievance he sufll'ers, then, not because he happens to be a Catholic, but because he happens to be an Englishman too. And is this not a grievance? Is it no grievance in the pre- sent state of Ireland for a Catholic to be in peril of being put on his trial for his life before an Orange Jury, whose deep and unmixed hate he cannot claim to neutralize by the introduction of one fellow Catholic? But, even here in England, if you believe of the Roman Catholic what you say of him, he is not safe in your hands on his deliver- ance for life or death. Branded as he is with your suspicion and contempt, as a persecutor in his faith, and as a traitor to his allegiance and to his oath, how can you enter the jury-box with the unprejudiced feelings of his peer legally com- petent to pass upon his case ? Many of those who declaim, and some of those who think they reason, on these subjects, believe that there is some law which enacts in so many words that no Roman Catholic shall sit in either House of Parliament, &c. Now there is no such law. There are, indeed, declarations concerning matters of spiritual belief, which every Member must make when he takes his seat, and to which we know that no sincere Roman Catholic can sub- li 45 scribe. Why, then, do I say that there is no law that enacts that he shall not sit in Parliament, if these declarations have, in fact, the same effect? Simply to shew that these declarations can disqualify him only so long as he shall have virtue enough to sacrifice every temporal advan- tage to his honesty and his reverence for the obli- gations of an oath and an affirmation. And yet it has been advanced, and in our recollection too, (although I must say for our opponents in Parlia- ment, that 1 believe there has not been a man there for many years that would hazard such an opinion in public,) that Roman Catholics keep no faith with Protestants, and that their priests will ab- solve them from all guilt of perjury for a false oath taken to advance the interests of their church. Then let such objectors state their own mode of reasoning fairly and intelligibly. Thus : We would exclude the Papists as unworthy of trust, and given to perjury. We therefore desire to be enabled to exclude them by tests which can exclude only those who are incapable of deceiving us or forswearing therr selves. We make treaties with Austria, Spain, France, Italy, and the young republics of South America; we toast " No Popery," as long as we can stammer, in wine, (ungrateful as we are,) the very creature of a treaty with Portugal ; and thus we admit that engagements are binding upon them. In our own country we act upon the testimony of Catholics in 46 47 f 1 cases affecting even life ; and thus we admit that oaths are binding upon them. We established and endowed the Roman Catholic religion in Canada, and equality of privilege has been given to it in Hanover by the same August Personage that sways the sceptre of these realms; and thus it is admitted that there is nothing in that religion to interfere with the allegiance of subjects to His Majesty's person and government. But a Roman Catholic is an idolater ! In what- ever terms a direct and total denial of a fact can be the most distinctly expressed, in those will I as a Protestant deny and repel this outrageous impu- tation upon my fellow Christians of the Roman Catholic persuasion. In one sense, indeed, I do hold the adoration of the Consecrated Elements in the sacriGce of the Mass to be idolatrous. That is, disbelieving as I do the doctrine of Transubstan- tiation, and not being able to discover authority for addressing the throne of God through the interces- sion of Saints, in me such acts would be idolatrous. But in Catholics, who believe in the efficacy of such intercession, it is the more reverential ap- proach to the Deity through those means, and therefore not idolatry ;— in Catholics, who believe in the actual bodily presence of the Deity in the bread and wine, it is the worship of the Deity in those elements, and therefore not idolatry. But, as a specimen of the tone and temper in which some persons permit themselves to indulge on > 1^ 1 t these subjects, here is a monstrous creed of three parts, to which both you and I have in our time heard it roundly asserted that every Roman Catho- lic in Christendom subscribes: — A creed that en- joins idolatry ; a creed that annuls all bond of good faith entered into with heretics ; a creed that justi- fies the deposal or assassination of heretic princes. Suppose such a charge were published against any individual of that persuasion. Let us suppose a libel published, not against the Duke of Norfolk, nor Lord Shrewsbury, nor Lord Arundell, nor any of those great historical names the very mention of which has too much the sound of declamation, but published against the poorest, meanest, most un- known man in England. That he is an idolater ; which, if believed, would subject him to contempt and reprobation from all who worship an eternal invisible God. That he regards not the obligation of his word or his oath ; which, if believed, would banish him from all trust and communion with his fellow creatures. That he onlv waits the occasion for treason or murder ; the greatest of crimes against society, and the only crimes against which our law pronounces a sentence extending beyond death itself. Is there any doubt that in the Court of King's Bench any jury would inflict on such a libeller the severest penalty by which the law of England protects the fortunes and fame of those who live within its influence? The libeller, then, whose fate this would inevitablv be if he were so '™^ 48 to malign any one human being, is unpunished only when he proclaims the slander against seven millions and more of British subjects. Idolatry is the breach of the first and second Command- ments ; murder is the breach of the sixth ; injustice and fraud of the eighth. The wilful, deliberate, habitual, rejection of four Commandments is a serious imputation to cast upon about nineteen- twentieths of the Christian world. We should do well to remember, that on the same Divine Autho- rity, and in the same Decalogue, there is another Commandment, " Thou shalt not bear false wit- ness against thy neighbour." But we are invited to look at certain ancient Bulls of Popes, and Canons of Councils, and Apophthegmsof Popish doctors. I have occasionally so done ; very superficially, certainly ; but, if I had never seen one, I should esteem myself, with re- gard to the question we are considering, to have made by so much a more profitable use of my time; and, with respect to any practical inference, I say it not carelessly nor flippantly, but very much in sober earnest, that I think it matter of very un- necessary solicitude what they may contain, [t appears to me more reasonable to judge men by the evidence of their conduct than by that of im- puted tenets of discipline, adopted, if ever adopted ^ at all, in times of much fury, retained, perhaps, in a spirit of some obstinacy aggravated by persecu- tion, and construed by us without much allowance ■4,- I 49 for the spirit of the times, or even for the idiom of the lan«^uage in which they were delivered. Let us make it our own case. The Church of England would repel with anger and scorn, and most justly, any attempt to fix upon her the doctrine of Exclusive Salvation ; although the accusing party were to refer to a declaration which we are enjoined to make publicly fourteen times in the year, pronouncing that all who differ from us in our human definition of a divine mystery, " without doubt shall perish "everlastingly.'* The Church of England would repel with anger and scorn, and most justly, any attempt to fix upon her the doctrine of a power of Unconditional Absolution in her priests ; although the accusing party were to refer to the wording of an absolution which she originally derived from the Romish Church, but which she uses with this sin- irular difference, that in the Romish service there is a material condition expressed, which, in the service of the Churchof England, has been omitted.* Do I say thisin reproach of our Church? Indeed I do not. 1 hope I am as firm in my attachment to the re- formed religion, as those whose protestantism is of a more exclusive character. But I believe that * Form of Ahsohition in the service for the Visitalionof tl;e Sick. After exhortation to confession, and scltiiig forth God's mercy to tliose who rrpcnl, it proceeds, "■ And by his authority romniitted io •' me, I absolve tl.ee from all thy sins, in the name, &c." In the Romish service, throngiiout, there is no fi)rm of Absolution to which, in the body of the absolving clause itself, this condition is not annexed ; "as far as I have power, and tiiou hast need." D 50 there never was a code of Church discipline esta- blished and upheld by human institution, however purified by the efforts of good men, that can bear to have every part of its history, nay of its written law, critically and hostUely commented upon. I wish to direct protestant attention particularly to the following vow, to be found, doubtless toourgreat scandal and peril, on the books of an order which has long subsisted, and still subsists, in this land. It is taken by each member upon his admission : ''That *' well and truly he shall accomplish and entertain "all the statutes, points, and ordinances; and of all '* this shall make a general oath, all and so as if •' they were read to him from point to pointy and ^^from article to article, swearing and promising " upon the Holy Gospels for to keep and entertain *' them, tcithout any fraud or delusion, and upon '*this he shall touch the book, and kiss the Cross.'' Among these ordinances, so deeply sworn to, I find that, having duly kept, by processions, &c. the feasts and vigils of certain saints (unless such feasts, &c " should fall out on any fish-day or fasting-day," or interfere with ''divine service ordained by the " Holy Church for the double feasts of St. Mark, ^' Philip, or Jacob, or the invention of the Holy " Cross,") every member is bound, on the feast of the patron saint of the order, to "go and hear "divine service solemnly sung for the souls of all " the members of the order tchich be departed and ^^ deceased, and for all Christian souls."' Also, ji 5J that thirteen clerks and thirteen choristers are now^ maintained, in this protestant land, and in a county adjoining to our own, and fearfully near to the person of his most sacred Majesty himself, at the charge of the same order, "for to sing and to pray " unto God for the prosperity of the order, and also "for the souls of all the order departed^ and for all " Christian souls.'' To these Popish observances, a o-reat number of the first men of this country, (some of whose names would be thought a suflfi- cient security against such encroachments,) are bound by solemn and stringent oath " for to keep "and entertain them without fraud or delusion," except in such, from which, by a later provision, they " shall have received a dispensation" ivom the supreme head of the order. And no dispensation from these observances, as I find upon anxious en- quiry, is ever given, although (what makes it worse) dispensations are regularly given upon other minor points, by no means affecting any of these religious duties, under the whole weight of which, therefore, the members of this order are left.* This is not the society of Jesuits at Stoneyhurst, nor, as I am credibly informed, are the principal obliga- tions of this oath observed. But why are they not? and why are the illustrious members of this order not therefore held perjured? Why, because we do * See the oath of the Knights Companions of the Order of the Garter. Statute 12, et seq. I 62 not judge men by words only, but by the fair, honest, customary meaning of an engagement, as explained by the genius of the times, and ex- plained by the known interpretation put upon it by the parties who undertake, and by those who impose it. I only ask the same liberal interpreta- tion of the obsolete obligations of all other Popish ordinances. fn stating opinions upon a general and elemen- tary view of so large a subject as this, it is difficult to keep within the limits of a few of the principal objections popularly urged by our adversaries. To take, one by one, all that, at different times, have been grounded upon irrelevant apprehensions, upon inconclusive premises, or upon imperfect or untrue information, is a task to which, fortunately for the patience of readers, the memory of the writer cannot extend. Am I desired to say one word upon that strangest of all grounds of hesitation, the wording of the Coronation Oath? I should think not ; plainly because the Coronation Oath cannot be tortured into bearing any reference to this, or to any other question that can ever become matter of legislative interference. It is among those observations which no man can be found to make, who has the slightest recollection gf what the station is that the sovereign of England bears in the constitution, as one of the three legis- lative powers of the realm, or who has ever read 53 that Oath itself, and the debates upon its framing and enactment. I will say, then, on this subject, one word only, and it shall be one of reference. I refer to the debates of those who framed the Oath, to show that, though such a cavil was not unforeseen by them, it was dismissed as too flimsy to call for even a proviso, and that Mr. Somers, Mr. Finch, Mr. Treby, Sir Robert Sawyer, Mr. Hampden, and your own ancestor. Sir Thomas Lee, and all the others who took a part in that great discussion,although differing as to the mode of word- ing the oath, yet were unanimous in their opinion of the absurdity of supposing that any one of the three branches of the le2:islature could binditself b\ oath against passing any bill that might hereafter at any time appear to be just or expedient to the Common- wealth.* The Coronation Oath merely obliges the sovereign, as the first magistrate in the state, to observe and execute the laws ; and an amendment and proviso were rejected by those to whom we must look as y?r5/ authority to expound, — namely the framers of it, — distinctly upon this ground, that '^ii cannot be imagined that any bill from ''parliament can ever go to destroy the legislative ** power." And here I take leave of the subject of the * Debates on going into Committee of tlie House of Commons on the Coronation Oath, and on the third reading of the same, 1693. — Cobbctt's Parliamentary History, vol. 5, page 199 c< 5C7. and page 208, et seq. I 54 objections the most generally urged, on which if I have been tedious I cannot consent to take more than one half of the bhime, dividing it with those by whom such objections are generally put forward. We may, I think, collect from what we know of the ordinary feelings of men, that, by admitting all to a community of political benefits, we should re- move a material impediment that now presents itself to the advances of proselytism to our esta- blished mode of worship ; particularly assuming, as we do, that it is the purest, and tliat the dis- franchised mode is supported only by superstition and priestcraft. By external pressure and restraint things are compacted as well in the moral as in the physical world. Where a sect is at spiritual variance with the Established Church, it only re- quires an abridgment of civil privileges to render it at once a political faction. Its members become instantly pledged, some from enthusiasm, some from resentment, and many from honourable shame, to cleave w Ith desperate fondness to the suf- fering fortunes of an hereditary religion. Is this human nature, or is it not? Is it a natural or an unnatural feeling for the representative of an ancient Roman Catholic family, even if in his heart he rejected the controverted tenets of his early faith, to scorn an open conformity to our's, so long as such conformity brings with it the irre- moveable suspicion that faith and conscience may have bowed to the base hope of temporal advantage. 65 Every man must feel and act for himself: but, in my opinion, a good man might be put to difficulty to determine whether more harm is not done by the example of one changing his religion to his worldly advantage, than good by his openly pro- fessing conformity from what we think error to what we think truth. Whether, with no advan- tages of superior privilege, the Reformed Church would attract converts from that of Rome, it is not my purpose to dispute : we must hope that she would. But, in this respect, she has not now a fair chance in the mind of any Catholic who feels what is due to his public reputation. To be useful to the state, he must not only respect his own motives in conforming, but must teach others to respect them also. All, then, who give proof of their virtue by resisting temptation, we, as far as we can, render useless to the state by disfranchisement. All who conform we render suspicious, if not criminal, and thus useless the other way. Add to this, that we employ the very means the most likely to place them under the absolute dominion of their priests. We take from them every object of honourable ambition ; we doom them to the martyrdom, as far as our laws have power to inflict it, of popular scorn from the cradle to tlie grave ; we leave them a separate class, without one public occupation, or one aspiring hope, in the midst of a busy and 56 ardent-spirited people, and then we are astonished if they make a proud display of what, failing to bo a stigma of reprobation, has become to them a badge of honourable suffering, and, if tiiey submit themselves with peculiar devotedness to those teachers who suffer with tliem for conscience sake. Depend upon it, that although great persecution, "coming down like the wolf on the fold," may scatter and destroy the flock, little persecution is the surest watch-dog to keep them together. We bark round them, and scare and hem them in from that association of feelings and pursuits, which would naturally blend them into one people and kindred with ourselves. It was thus with the Huguenots in France ; it was thus with the Pro- testants in Holland under the Spanish government, and afterwards with the Catholics in Holland, under the Stadtholders. It w^as thus with the Cove- nanters in Scotland ; and thus it has ever been with a people, whom, in our fear and distress, we have flattered, — in our security, we have insulted and oppressed, — in our adversity, we have told to hope, — in our prosperity, wc have left to despair, — our own unhappy and much-injured people of Ireland. The Huguenots were long a persecuted body in France. When they were many and strong, they strove to regain their rights by the sword; when they were few and weak, by secret and patient 57 machination. Thus they were whilst excluded ; they ceased to be so when restored to their natural station and functions as citizens. They were twice excluded and twice restored, and at each trial the result was the same ; until, finally, a just and healing policy gave to their great men, to their Conde, Catinat, and Turenne, the pri- vilege of employing their talents for their country's glory, and in part repaired the mischiefs which the revocation of the Edict of Nantes had caused her, by dooming her protestant subjects, soldiers, arti- sans, and statesmen, to exile, or to disgust and alienation at home. Nearly the same was the history of the Pro- testants of Hungary before the decrees of the Empress Maria Theresa and of the Emperor Joseph the Second in their behalf; while the history of Scotland and the Covenant is unprofitably indeed read by those who fail to learn from it Viow fearful is the policy that would govern by exacting ob- servances repugnant to popular prejudice or re- ligious scruple. Archbishop Laud attempted by force the overthrow of the Kirk : he made religion a state engine : he failed to produce conformity : he did produce civil war. He kindled a torch in Scotland, which he lived to see spread a confla- gration through the empire, and involve in utter destruction the hierarchy and monarchy of this country. It was near half a century before, by r *i;lj 58 establishing Presbyterianism in Scotland, that tranquillity was restored, which might have been preserved by allowing to the Presbyterians their civil rights and privileges untouched by the tests of our own Church. But Ireland, — poor Ireland ! — that melancholy monument of centuries of misgovernment ! From the earliest times of her connexion with England, her character has been mistaken, her affections outraged, and her hopes cruelly and foully betrayed. By the treaty of Limerick, 1693, it was stipulated that their Majesties should endeavour to procure from parliament the re-admission of the Irish Catholics to all the privileges they enjoyed under Charles II.; that they should have their property restored ; and should have liberty to keep arms in their houses for their defence. On the faith of this, and other conditions, Limerick surrendered to a general who had received instructions from government to grant any terms, that so the war might be ended. And though the French fleet appeared off the mouth of the Shannon before the city was taken possession of, the brave garrison re- fused to tarnish their honour by breaking the Ca- pitulation which their governor had signed. Alas, for our part in that history ! No endeavours were ever used, such as kings sometimes use with par- liaments; no property was restored ; but further con- fiscations were the same year made, in behalf of the k 59 very officers in the conquering army who were parties to the treaty ; and, in 1703. an act was passed, enabling any man, by conformity, to rob his Catholic father, brother, or most distant kins- man, of his whole property; and oaths were im- posed, against w^hich the Irish had been expressly protected by the Ninth Article of the^ Treaty.* And are we surprised that the Irish are firmly Roman Catholics, or firmly anything which we are not, and which it has been the object of our in- effectual violence for centuries to make them ? A country which has ever been ruled as a conquered province ; which we never indulged with a hope, but when we had some temporary advantage to secure ; which we never gratified with a boon, but when we had some temporary danger to fear. Is this over-stated ? If our concessions do not always stand in the relation to our necessities of effect to cause, at least the coincidence has always been such as to impress the Irish with an opinion, the most perilous which a nation can well conceive, that all which has hitherto been gained for them, has been gained by alarm, and nothing from sympathy, grace, or sense of justice.*!* And the union ! Foully ♦ For the History and Articles of the Treaty of Limerick, see Parnell's Hist, of the Penal Laws, page 4, et seq. And the several arguments of Sir T. Butler, Counsellor Malone, and Sir Stephen Rice, before ihe parliament of Ireland, Id. Appendix, No. 1. t Four great acts have passed for relieving them from active per- secution : the first in 1778, during the struggle with America, when the cause of the United States was becoming formidably popular in i 60 was Ireland cheated of the one great benefit licld out to her as the price of that Act, which, whatever may have been its merits as a measure of imperial policy, deprived her of the last jewel of her ancient crown, deprived her of the pride of separate legislation, and effaced her name from the catalogue of nations. The Irish parliament bargained with Eno"land to surrender its own existence and the in- dependence of its country for advantages of no fanciful sort, which were duly paid to the majority Ireland, and imniedialely after the news of General lUirgoyne's defeat at Saratoga. The sc«^onan withstand and beat back such a maligner, and I have endeavoured to shew that * Rev. J. Fisher's Sermon, page 14. t Id. page 16. 4 1 1 ^i^ 77 the absent may yet discover means of answering for themselves. I have endeavoured to represent what is called Catholic Emancipation, on the grounds on which it first claimed my earnest wishes for its success. As a boon doubly blessed, but shedding benefits far more important on the giver than on the receiver. And here I ask nothing from generous sympathy, I ask only from an ordinary sense of interest, whether it be better to maintain for a few years longer an anxious, costly, and precarious system of party police over a people mortified, discon- tented, perhaps '' wrung into undutifulness" by your trifling and cruel jealousies, or to rally round your throne, and your standards, and your laws, the undisturbed and unqualified affections of many millions, now unnaturally thrust aside from among the free subjects of your empire. There is but one description of persons, — I trust they are but few, — to whom I early alluded, but to whom I have not addressed myself. Those who, when they do read the history of mankind, read with the most cautious partiality such pas- sages only as they may confidently hope will assist their already steadfast judgment ; who look always back, instead of sometimes looking forward and around them, and look back only to distort both precedent and example ; and, inverting the whole course of speculation on human character and events, would illustrate the art of government in 78 the nineteenth century by pompous reference to some thousand-times-told tale of feudal manners and of barbarous men. Such persons are ever ready to be the instruments, in any hands, of that intolerance, against the imputation of which they are the first to declaim, because they are the first to feel that the imputation is deserved ; ever ready to justify the oppressing their fellow-subjects in the name of a free constitution, and the persecuting their fellow Christians in the name of a mild and merciful religion. Such are they, who, on a great subject involving, like this, questions of the deepest im- portance, of the nicest deliberation, perhaps of the sublimest morality, simplify their objections into one senseless, heartless, cry, calculated only to in- flame every passion which ought to be soothed and repressed, and to arouse, — what sometimes the most foolish man may arouse, and the wisest cannot afterwards allay or control, — a raging spirit of political and spiritual animosity. Of such persons, if I were constrained to address myself to them, I would ask, ^' Are you Protestants? The Protest- "antism you profess, is the religion of Spiritual ^' Liberty ; for it claims for its origin the right of " private judgment, while the Roman Catholic " church claims what, she says, is the unerring au- "thority of her Councils. When our Church, ** then, endeavours to control entire liberty of "conscience, she puts on the garments of popery, *^but without its armour of assumed infallibility. 79 " You belong to a Churcli whose ' duty' it is " (in the excellent words of an Address, within '* these few days presented to his Majesty by her ^'clergy in convocation,) to vindicate the establish-' " ment in the spirit by which it professes to be " governed^ with temper^ moderation^ and firmness^ *' seeking to conciliate those who may be opposed to " MS, not to exasperate them; to convince, not " boastfidly to triumph over them,* And when " you shall have read through and through the " history of ecclesiastical wars and persecutions, ''and (going beyond the doctrines of the Atheist, ''Hobbes, who pronounced contention to be only *' the natural state of man,) shall have almost suc- " ceeded in representing to yourselves Christianity *' as the promoter of discord and violence, not as " the teacher of union and brotherly love, ask " yourselves what it is that is the subject at issue " between you and those whom you revile and ''proscribe. Learn that your difference from the " Roman Catholic is on matters, on which, if there " be freedom to be enjoyed in this world, or hap- "piness to be hoped for in the next, it is not only " a man's privilege, but his duty, to feel and act for himself; that the difference is a difference to be settled on the other side the grave, w4ien all "the jargon of controversy sliall be no more, and * See Address of the Archbishop, Bishops, and Clergy, of the Province of Canterbury, in Convocation assembled, presented to His Majesty on Monday, the 28th of last month. 1 (( a !i * $ m 80 ** establishment and privilege shall have melted '' away before a tribunal in the sight of which '^ kings, popes, and subjects, shall one day stand, *' not as conflicting sectaries, not claiming to be " dealt with according to their merits or their "wisdom, but suppliants to be judged with mercy, " even as they have judged. ''And, when you shall have a little humbled the *' pride of the Pharisee within you, look over again " the grounds you have taken, historical, political, " and moral. Believe me, the subjects of your ge- '* nerahties against popery, (and by no very logical "connexion in favour of intolerance,) are not ** Green and fresh in this old world :" u « a a « a it