Page images
PDF
EPUB

leration, which is more than can be said of the evangelical reformers and demagogues of that or the present age. But James, in pursuing his wish to establish liberty of conscience, so honourable to the feel

length agreed to by the commons, | in which they represented to his majesty that those officers could not, by law, be capable of employments, and that the incapacities they were placed under could in no way be taken off but by an act of parlia-ings of a British sovereign, so conment. Therefore, out of reverence and duty to him, they offered to prepare a bill, for his royal assent, to indemnify those who had incurred penalties by not qualifying themselves agreeable to the statutes, but at the same time they entreated the king to dispense with their future services, that all jealousies might be removed from the hearts of his majesty's loyal protestant subjects. These sentiments did not please the king, and two days after he prorogued the parliament, which never sat again, it being subsequently dissolved. Following the practice of his predecessors, since the church became united with the state, James continued to dispense, and in some cases to suspend the operation of the laws, until his protestant subjects thought proper to dispense with their oaths of allegiance, and his regal services. By most writers, whether political or historical, this unfortunate monarch is branded as a tyrant and a bigot. That many of the measures of James's reign savoured of despotism and cruelty it must be confessed; but these were the acts of his ministers, particularly the barbarities of the protestant judge Jeffries and colonel Kirk, as we have it from the king's own mouth, that he did not know of the proceedings of these mercenaries until it was too late to prevent them.That he was not an intolerant bigot, his proclamation issued on the 4th of April, 1687, granting to every British subject entire freedom to follow that mode of worship which conscience should dictate, is a demonstrative proof, and clearly shews that he was a friend to religious to-,

genial to the spirit of christianity, and so necessary to the happiness of a free people, assumed a power incompatible with the principles of the constitution, aud proceeded to grant a general indulgence to his people to break the statute law of the land, and to absolve them of his own royal authority from all the penalties thereby incurred. This assumption of power was set forth in the following words, taken from the before-mentioned proclamation for liberty of conscience, which was re-issued in 1688:"And as he (the king) is desirous to have the benefit of the service of all his subjects, which by the law of nature is inseparably annexed, and inherent to his royal person; and that none of his subjects may be, for the future, under any discouragement or disability, who are otherwise well inclined, and fit to serve him, by reason of some oaths, or tests, that have usually been administered on such occasions: he hereby further declares, that it is his will and pleasure that the oaths of supremacy and allegiance, and the several tests and declarations mentioned in the acts of parliament made the 25th and 30th year of his brother's reign, shall not hereafter be required to be taken, declared, or subscribed by any persons whatsoever, who are, or shall be employed in office, or place of trust, civil or military, under him, or his government.And it is his intention, from time to time hereafter, to grant his royal dispensations to all his subjects to be employed, who shall not take the said oaths, or subscribe or make the said tests and declarations. An dhe

does hereby give his free and ample pardon to all non-conformists, recusants, and others his subjects, for all crimes and things by them committed or done, contrary to the penal laws, formerly made relating to religion, and the profession and exercise thereof." This conduct of James was most undoubtedly illegal and contrary to the principles of the British constitution, but it cannot be deemed tyrannical, with any degree of candour or justice; he, how ever, paid dearly for presuming to dispense with the laws, as the loss of his throne was the price of his folly. The people were too much in dread of popery to entertain the same liberal sentiments exhibited in the declaration of James, they therefore withdrew their attachment to him, and he withdrew himself from the country.

DISPENSATIONS GRANTED BY PAR

LIAMENT.

generals were directed to enter into negociations with the armed Irish, and by the treaty of Limerick the catholics of that country were allowed the free exercise of their religion, and all the privileges granted to the most favoured subjects. Catholics are accused of not keeping faith with heretics; the practise of it, however, seems confined to their protestant accusers. Although the treaty aforesaid received the sanction of the great seal of England, not two months had passed over before it was infringed and shamefully violated in the face of the Irish nation. Nor was this all; the English parliament (now exclusively protestant) was not content with absolving the sovereign from his engagements, contrary to his wishes, but it usurped the right of legislating for Ireland, at that time an independent kingdom, and in the year 1691, passed an act to alter its laws upon the most essential and fundamental rights of the subject, by excluding Roman catholics, who then compos

This important event formed a new epoch in the annals of the country. The nation being left withouted the decided majority of the naan executive, the crown was confer- tion, from a seat in either house of red on the eldest daughter of James parliament. From this time the caand her Dutch husband. In doing tholics were shut out of the senate, this, a declaration of rights was and from the field of politics; laws submitted on the part of the people, were made, and offices were occuand agreed to on that of the new pied wholly by protestants, and, sovereign, in which it was declared, lest the statutes already enacted to that the pretended power of suspend- prevent the growth of popery should ing or dispensing with the laws, be considered by some of the antiby regal authority, without consent papal alarmists still insufficient for of parliament, is illegal. This "glo- the purpose, further galling ones rious" revolution, as it is termed, were added to the bloody catalogue, was compassed without bloodshed to harass and ruin those who perin Eugland, but in Ireland matters sisted in professing the ancient faith, did not proceed so smoothly. A while the principles of toleration strong resistance was made by the were called into action in favour of Irish to the claims of the new mon- of protestant dissenters from the arch, William III. and several san establishment. Thus, for more than guinary conflicts in the field were a century, the entire management of occasioned thereby. The warlike the kingdom has been confined to state of the continent at this time the protestant part of the communirendering it inconvenient to send ty, who have multiplied its laws in supplies to Ireland, the English | a ten-fold degree; but, let me ask, ORTHOD. Jour, Vol. V.

2Q

they therefore advocate and support proscriptive and despotic laws, such as no other country, however arbitrary, ever decreed, under pretext of securing what they never possessed in reality, civil freedom, contenting themslves with its shadow. So pure in their mode of worship, and so charitable and liberal in their opinions, they condemn their catholic neighbours for holding the doctrine of exclusive salvation; yet scruple not to call the Eternal Wisdom to witness their own unchristian feelings in consigning the greatest part of christendom to the burning torments of hell as idolaters, in order to qualify themselves for a seat in parliament, or an office under the crown. So exact in principle, and so correct in conduct, they reproach catholics with holding_the impious tenets of granting indulgences and pardons for leave to commit sin, and follow the practice of it themselves. Thus, but few years had transpired after the passing of the test act, before it was found that many persons had got into office without qualifying themselves under it, and unless some method was devised to screen them from the penalties of the crime committed, their services must be dispensed with, and the places given up. As the viola

is the ecclesiastical establishment more secure, the political constitution less defiled, or the people in a state of greater happiness at this period, than when catholics and protestants composed the senate, or the former constituted the entire nation? Every candid man must admit that the present times bear a great analogy to the days of the Stuarts, as to political discontent and religious frenzy; and if we look to the reasonings of our parliamentary reformers, the enviable state of the constitution under our catholic ancestors ought to raise a blush of shame at its present vitiated condition in the cheeks of those who have now the exclusive care of it. Notwithstanding the sacramental test, and abjuration of and declaration against popery, still continue to be thought the pillars of the constitution and the bulwark of the established church, we see the latter surrounded with a multitude of sectaries, all setting the doctrine of her thirty-nine articles at nought, and her existence threatened by the mad extension of bible-societies; we behold the most important privileges of the former suspended, under the alleged ground of preserving it entire from the innovations of seditious and restless demagogues; and we experience, in common with our fel-tors of the law in this instance, howlow-subjects, the heavy pressure of an overwhelming system of taxation, an increase of pauperism, and a decrease of national happiness and domestic comforts. Yet, amidst all these evils, brought upon us by pro-clared against the dispensing power, testant administration, the cry against popery is not the least abated, and the press is as actively employed in the propagation of calumnies and falsehoods, as in the most bigotted and furious days of puritanism and evangelical intolerance. So tenacious of liberty themselves, the bigots are continually alarmed at the slavish doctrines of popery, and

[ocr errors]

ever, were not catholics, an act was passed in the year 1700, (about a twelvemonth before the death of William III. who held the crown under the bill of rights, which de

but which it appears had been privately exercised) indemnifying, or absolving from all penalties, such persons holding places as had refus ed or neglected to take the test, and allowing them a further time to do it. In the year following, a similar absolution or indulgence bill passed, allowing all defaulters to continue to transgress against the law of the ļ

land until the month of August, | 1703. Soon after, two other bills passed, the first allowing three months, and the second six months, to persons appointed to offices before they are required to take the test. Since this these acts of indulgence were frequently passed, and during the last half century not a single session has beer held, without a law being enacted to absolve all such transgressors, at the same time appointing a period within which they were to comply with this essential duty; but care has always been taken, before the period expires to renew the indulgences, so that a person may remain his whole life in an open violation of the statute law of the land, by this annual grant of parliamentary absolutions. Thus we see a regular system of indulgences established by protestant legislators, under which, transgressions against the statute law are tolerated, and bills of absolution or indemnity passed to protect the offender from the punishment denounced against him; and shall the catholic be still reproached with the danger and impiety of papal indulgences, which he knows full well cannot authorize him to commit sin, or grant him licence to break the laws of God, his church, or his country? What gross inconsistency and injustice must it be to revile and accuse individuals wrongfully of that which we commit ourselves; yet such is the conduct of those who bring this charge against catholics. Let the candid reader compare the moral conduct of the accused with that of the accuser, and however dangerous his religious or political principles may be represented, I am confident the rigid catholic will be found as much attached to the geDuine spirit of the British constitution and civil freedom as any the most enlightened protestant in the kiugdom.

ASTONISHING Instance of PROTESTANT LIBERALITY AND WISDOM. The extreme length of the foregoing articles I am fearful has tired the patience of the reader, but the detail is essentially necessary, for the purpose of elucidating one of the most profounded acts of legislation upon record, which lately passed the two houses of parliament, and received the royal assent without a single observation. But if it glided through all its stages in the womb of wisdom in secrecy and silence, the birth of this grand production of ministerial sagacity created no small degree of exultation among the writers of the protestant press, it having received the united praises of the in and out faction, as a laudable measure of conciliation and liberality. The instrument itself is entitled "An act to regulate the administration of oaths, in certain cases, to officers in his majesty's land and sea forces.' Before, however, I enter into its claim for public approbation, I shall lay before the reader the sentiments of our protestant scribblers on this great subject, which precedency is due to their superior abilities over the ignorant and unenlightened papist. The first notice, and I am apprehensive a very portentous one too, of the passing of this act, was given in The Globe, or British Press, of the 9th July, in the following | words :

"In reporting sir J. C. Hippisley's speech, we omitted to state, that in speaking of concessions to Roman catholics, he noticed a bill which ought to be accepted as no inconsiderable boon, and which had pass❤ ed the two houses of pariiament this session. By this bill catholics are released, any disqualifying oaths on receiving comboth in the army and navy, from taking missions, and the annual act of indemnity exempts them from the penalties of omitting them after being commissioned."

On the following day, (the 10th) The Morning Chronicle contained the subjoined observations.

"We have no doubt but that the libera

terms:

part of the community will be surprized, | gazette of the present cabinet, who as well as rejoiced, to learn that a bill has accordingly replied, in his paper of passed both houses of parliament, which the same evening, in the following completely does away and removes the most obnoxious incapacities that stood in the way of our Roman catholic fellowsubjects. A bill, similar in substance and effect to that, on the pretence of which the administration of lord Greuville and lord Grey was put an end to, has passed through both houses almost sub silentio; and what

renders the circumstance more singular is, that it was first introduced into the house of lords by one of the regent's ministers, and that it went through all its stages in the hearing of a ful! bench of bishops! It is entitled-[Here follows a copy of the bill, which see below. By the provisions of this bill the great obstacle to the entry of Roman catholics into the army and navy, and to their advancement to the highest rank in the service, is completely and wisely withdrawn. They are not to be called on to take the oaths before entering the army or navy; and we need not tell our constitutional readers, that after they have entered the service, all further obligations of taking the oaths, or the sacrament, is done away by the annual act of indemnity which is passed at the beginning of each session. All religious distinction, therefore, is removed as to the military and naval

2

service and there can be in future no obstacle to a Roman catholic rising to the command of an army, or to be lord high admiral of England, if that office should cease to be in commission. We highly ap plaud the wisdom and liberality of this act of grace, but we cannot help remarking as a curiosity, that the measure should originate with the very ministers who owe their places to the endeavour made by their predecessors to obtain the same boon for their fellow-subjects. That all the bishops

should have countenanced the bill is also truly creditable to their sense of justice, though, after the misrepresentation of the language of the truly liberal-minded bishop of Norwich (a misrepresentation, by the bye, which we shall feel it to be our duty to correct,) we own we were not prepared to look for. The bill will have the further good effect of doing away one topic of division among us; for, after this, at no general election, and in no county, can the present ministers presume to revive the cry of No-Popery !'"..

This allusion of the whig organ to the unsuccessful attempt of the Grenville administration to ameliorate the situation of the catholics, proved highly offensive to the editor of the Courier, the demi-official

"The Morning Chronicle of this day, makes some observations on a bill which

has lately passed, and a copy of which it professes to give: our readers will however see, by a subjoined literal copy, in which we have printed in italics a paragraph which The Chronicle has thought fit to amit, that it has misrepresented the measure itself.

"It is entitled-An act to regulate the administration of oaths in certain cases to officers in his majesty's land and sea forces. Whereas by certain acts passed in the reigns of his majesty's royal predecessors, it was provided, that officers in his majesty's royal navy, and officers in his majesty's army shall take certain oaths, and make and subscribe certain declarations, before they shall enter upon the offices or places of trust to which they may be appointed; and whereas doubts have been entertained whether the provisions of the said acts are still in force in that behalf :-And whereas the practice of taking the said oaths, and making and subscribing the said declarations, by officers previous to their receiving commissions in his majesty's army, hath been long disused:-And whereas it is expedient to remove such doubts, and to assimilate the practice of the two services:-Be it therefore enacted

by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act, it shall and may be lawful to and for his majesty's principal secretaries of state, the lord high

admiral of the united kingdom of Great Britain and Ireland, or the commissioners for executing the office of lord high admi ral aforesaid, the commander in chief of his majesty's land forces, the master-general of the ordnance, and the secretary at war for the time being, respectively, or any persons thereunto lawfully authorized, to deliver commissions or warrants to any officer or officers in his majesty's royal navy, land forces, or royal marines, with out previously requiring such officer or officers to take the said oaths, or make

and subscribe the said declarations; any thing in any act or acts contained to standing. Provided always, That nothing the contrary thereof in any wise notwithherein contained shall extend, or be construed to extend, to any oaths required by any act or acts now in force to be taken, or to any declarations thereby required to

« PreviousContinue »