concession would lead to the restoration of peace and harmony, and put an end to animosities, the existence of which all lament, I for one, would not oppose the measure on a mere theory of the constitution, when consent would secure such immense practical advantages. But, because I doubt whether the removal of disabilities on the conditions proposed, will promote tranquillity in Ireland, or lessen religious animosities; and because I think you cannot safely remove the disabilities, I am disposed to continue the exclusion. Are these disabilities the cause of the disorders which have so long prevailed in Ireland? As far as actual commotion is concerned, the disorders have no such origin. In the province of Ulster, where the numbers of Catholics and Protestants are nearly balanced, the Insurrection act has not been in a single instance enforced. In 1792, the Roman Catholics came forward, and asked to be rendered capable of holding the office of magistrates, and of enjoying the elective franchise. They wanted, they said, nothing more, and those persons calumniated them grossly, who said that their wishes went further. The elective franchise was conceded even more fully than they requested it; and Roman Catholics were permitted to serve as well on grand as on petty juries. Since these concessions, has there been any diminution of party feeling and factious animosities? I

think not. But the answer of the supporters of this proposition will be "While you retain any thing, while you refuse to put both parties upon an entire equality-the evil will continue; but, as soon as they are equal, it will cease." Admitting this for a moment, will

the concession now claimed put them on an entire equality? What is claimed is a mere capacity or eligibility to office; and after you have granted that, will you be able to concede what the Roman Catholics would consider a just distribution of office? Would not the distinction thus necessarily drawn, be infinitely more galling and mortifying, since it would be reduced to a mere personal exclusion? When vacancies occurred, if a Protestant were preferred to a Catholic, would it not constantly expose the government to jealousy and reproach? The respective numbers of the Catholics and the Protestants in Ireland may be 4,200,000 to 1,800,000; but, notwithstanding this disproportion, the property in the hands of the Protestants is at least as twenty to one. Now, after equal capacity of office shall have been given to all, the religion of the great minority is to remain the religion of the state. Is it then perfectly safe in Ireland to admit the professors of all religions to the enjoyment of the same privileges? and after this has been accomplished, the Protestant church is still to be retained. I know several hon. members, and among them the member for Montrose (Mr. Hume), who contend, that it is impossible. On this point he agrees with me: for, over and over again, he has argued, that it is a mere mockery to suppose that the Roman Catholics will be satisfied with a Protestant church establishment. They will constantly endeavour to recover the power they have lost, by. overturning a system which they view with other eyes than ours. The Catholic is to be admitted without restriction into parliament, and into office,

provided the king approves of him. He is to be as perfectly free as we are ourselves, unfettered by any restrictions; and at liberty to pursue what he conceives to be the interests of his country, and the justice of his cause, with perfect freedom. He comes into this House sincerely attached to the religion in which he has been educated; he has all the influence which his personal character gives him; he is placed at the head of a party. Is the Crown to say, "although you are a man of powerful abilities, yet I must shut you out?" After you have capacitated him to become secretary of state, or first lord of the treasury, is the Crown to turn round and say, I cannot admit you?" Is that the way to conciliate such a man as this? But, suppose the Crown employs him in its service-in what a situation do you place him? Can he exercise a sound discretion, in regard to those measures which relate to the safety of the church of England? It appears to me, he cannot give a safe judgment; and therefore I am for excluding him; and not trusting to the Crown to refuse the ticket of admission you have given him." Sir Francis Burdett's motion was carried by a majority of 247

to 234.

The House then resolved itself into a committee; when sir Francis Burdett moved the following resolutions :

1. That it appears to this committee, that by certain acts passed in the parliaments of Great Britain and Ireland respectively, certain declarations and affirmations are required to be made, as qualifications for the enjoyment of certain offices, franchises and civil rights therein mentioned.

2. That such parts of the said oaths as require a declaration to be made against the belief of transubstantiation, or that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass as used in the church of Rome, are superstitious and idolatrous, appear to this committee to relate to opinions merely speculative and dogmatical, not affecting the allegiance or civil duty of the subject, and that the same may therefore safely be repealed.

3. That it appears to this committee, that in several acts passed in the parliaments of Great Britain and Ireland respectively, a certain oath, commonly called the oath of supremacy, is required to be taken as a qualification for the enjoyment of certain offices, franchises, and civil rights, therein mentioned.

4. That in the said oath and declaration is contained, that no foreign prince, person, prelate, state, or potentate, ought to have any jurisdiction, power, pre-eminence, or authority, ecclesiastical or spiritual, within these realms.

5. That it appears to this committee, that scruples are entertained by his majesty's Roman Catholic subjects, with respect to taking the said oath, merely on account of the word "spiritual" being inserted therein; and that for the purpose of removing such scruples, it would be expedient to declare the sense in which the said word is used, according to the injunction issued by queen Elizabeth, in the first year of her reign, and recognized in the act of the fifth of her reign, and which, as explained by the 37th of the articles of the church of England, imports merely that the kings of this realm should govern all estates and degrees committed to their charge by God,

whether they be ecclesiastical or temporal, and restrain with the civil sword the stubborn and evil doer.

6. That it is the opinion of this committee, that such act of repeal and explanation should be accompanied with such exceptions and regulations as may be found necessary for preserving unalterably the Protestant succession to the Crown, according to the act for the further limitation of the Crown, and better securing the rights and liberties of the subject, and for maintaining inviolate the Protestant episcopal church of England and Ireland, and the doctrine, government, and discipline thereof; and the church of Scotland, and the doctrine, worship, government, and discipline thereof; as the same are by law respectively established.

These resolutions were adopted, and a bill founded upon them was ordered to be brought in by sir F. Burdett, Mr. Plunkett, Mr. Tierney, Mr. C. Grant, sir J. Mackintosh, Mr. secretary Canning, viscount Palmerston, Mr. Wynn, sir J. Newport, sir H. Parnell, Mr. Abercromby, and Mr. Spring Rice.

On the 23rd of March the bill was introduced by sir Francis Burdett, and was read a first time. This bill, after declaring that the Protestant succession, and the Protestant episcopal church of England and Ireland, and the Presbyterian church of Scotland, are established permanently and inviolably, and setting forth the declarations against transubstantiation, the invocation of saints, and the mass, stated, that these declarations related only to matters of spiritual and religious belief, and do not in any manner affect the allegiance of his majesty's subjects,

and therefore enacted that they should no longer be taken as qualifications for office or franchise by any of his majesty's subjects, save as therein after provided. The bill then recited, that, with respect to the oaths of allegiance, supremacy, and abjuration, the Catholics had never objected to any of them except the oath of supremacy, and to that merely as apprehending that it might be construed to import a disclaimer of the spiritual authority of the pope or church of Rome in matters of religious belief: and it therefore enacted that the following oath might be taken, in lieu of the oath of supremacy:

"I, A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to his present majesty, and will defend him to the utmost of my power against all conspiracies and attempts whatever that shall be made against his person, crown or dignity; and I will do my utmost endeavour to disclose and make known to his majesty, his heirs, and successors, all treasons and traitorous conspiracies which may be formed against him or them: and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession to the crown, which succession, by an act intituled · An Act for the further limitation of the Crown, and better securing the rights and liberties of the subject,' is and stands limited to the princess Sophia, electress and duchessdowager of Hanover, and the heirs of her body, being Protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of these realms: and I do

:

swear that I do reject and detest, as unchristian and impious, the position that it is lawful to murder or destroy any person or persons whatsoever, for or under the pretence of their being heretics or infidels; and also that unchristian and impious principle, that faith is not to be kept with heretics or infidels: and I do further declare, that it is not an article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or any other authority of the see of Rome, or by any other authorities whatsoever, may be deposed or murdered by their subjects, or by any person whatsoever; and I do promise that I will not hold, maintain, or abet any such opinion, or any other opinion contrary to what is expressed in this declaration and I do declare, that I do not believe that the pope of Rome, or any other foreign prince, prelate, state, or potentate, hath, or ought to have, any temporal or civil jurisdiction, power, superiority, or preeminence, directly, or indirectly, within this realm: And I do hereby disclaim, disavow, and solemnly abjure, any intention to subvert the present church establishment, for the purpose of substituting a Roman Catholic establishment in its stead: And I do solemnly swear, that I will never exercise any privilege to which I am or may become entitled, to disturb the Protestant religion or Protestant government in this kingdom: And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or men

tal reservation whatever, and without any dispensation already granted by the pope, or any authority of the see of Rome, or any person whatever, and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or authority whatsoever, shall dispense with or annul the same, and declare that it was null or void.

"So help me God."

All persons taking this oath, were to be capable of taking, holding, and enjoying any right, office, and franchise, as fully and effectually, to all intents and purposes, as if they had taken and subscribed the oath of supremacy, save as thereinafter provided. Another clause provided that the act should not extend to alter the laws respecting the Protestant succession, the marriages of the royal family, or the acts of uniformity, or to enable any person to hold any office belonging to the church, or any ecclesiastical court or court of appeal from such court; or any office in any cathedral collegiate or ecclesiastical establishment, or in either of the universities, or in colleges or halls, or schools of ecclesiastical foundation; or to enable Roman Catholics to take orders; or to enable Roman Catholics to present to any ecclesiastical benefice; or to hold the office of lord lieutenant of Ireland, or chancellor of Great Britain or Ireland.

By subsequent clauses the king was to appoint, by a commission under the great seal of Ireland, such Catholic bishops as he pleased, to form a board for the execution of certain duties. The commission was to be revocable, but was to be re-issued within a limited time. The

commissioners appointed by it were to take an oath, by which they swore that they would faithfully and impartially perform the duties vested in them by the act; that they would honestly advise his majesty in all matters which should come before them under the act; and that they would not directly or indirectly disclose, except to his majesty, or by his majesty's command, any matter or thing which should come to their knowledge by reason or in consequence of their being commissioners. They were to certify to his majesty or the lord lieutenant, appointments of bishops and deans, and the loyalty of the persons appointed; bishops and deans were not to act, until a certificate had been transmitted to them by the commissioners.

The other duties of this board related to the examination of bulls and dispensations proceeding from the see of Rome. **

Mr. O'Connell, in a letter which was published in the newspapers, stated, that the preparation of the draught of

this bill had been committed to him. This circumstance being alluded to by Mr. Peel in the House of Commons, Mr. Tierney stated, that, "as one of the committee which prepared the bill, be would say, that he did not know, and did not believe, that Mr. O'Connell had drawn it up. Some gentlemen of the committee might have consulted Mr. O'Connell on the subject of this bill, and he, in return, might have communicated to them his sentiments in writing. Those sentiments Mr. O'Connell might have considered as the foundation of the bill; and so it might have got abroad that he had drawn it up. If it were meant to be insinuated, that the committee had delegated to Mr. O'Connell the duty which the House had delegated to them, he must be permitted to give a most peremptory denial to such an insinuation, and to say that no others but the committee had been engaged in preparing it for the consideration of parliament."

On the 23rd of March the bill was read a first time.

The second reading was moved on the 19th of April. The debate on the measure occupied the whole of that evening, and was adjourned to the 21st; when it was carried by a majority of 268 to 241. The argument was maintained on the one side, principally by Mr. Canning; and on the other, by Mr. Peel.

Mr. Canning relied chiefly on the general principles on which the cause of Catholic equalization is defended: but went, in one part of his speech, further than the advocates of the question usually venture; for, by a criticism on the peculiar doctrines of the Roman Catholic religion, he tried to prove that the professors of that faith were not, in respect of their principles, more proper objects of suspicion than any other dissenters. The whole of his harangue, though more laboured and more artificially ornate than his discourses in general are, was wordy, and full of a subtle sophistry, better fitted to puzzle than to convince.

Mr. Peel, without again entering into the general question, directed his attention principally to the particular frame of the measure before the House. He confessed, that he was surprised at the two first clauses in the preamble of the present bill:-"Whereas the Protestant succession to the imperial Crown of this united kingdom and its dependencies, is, by the act for the further limitation of the Crown and the better securing the liberties of the subject, established permanently and inviolably: and whereas the Protestant Episcopal church of England and Ireland, and the doctrine, discipline, and government thereof,