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explained, if they thought it so innocent that no harm could be apprehended from it; and, till they do clearly define what it is, they must not take it ill, if we conceive that they mean enough by it to compass anything the Pope thinks seasonable to apply it to. So that the attributing any power to him, or acknowledging any to be in him, of how spiritual a nature soever it is thought to be, shall be enough to give law to the temporal, when a spiritual end shall so direct it.

The Church and Commonwealth two Twins.

1601. HOUSE of Commons. Sir Francis Hastings, in a speech for reforming abuses, said:-The Church and Commonwealth are two twins, which laugh and live together.

Protestant Dissenters and Roman Catholics-Opinion of the
Marquis of Lansdowne, A.D. 1791.

House of Lords.

:

MAY, 1791. Debate on the Roman Catholic Relief Bill. The Marquis of Lansdowne said that he had always supported the Protestant Dissenters, and the repeal of the Test Act, as a matter of right to them. He owned his opinion as to Catholics had been very different their claim, if they had any, was an indulgence, not a right; but, from a strict observance of their change of character and system in every part of the world, he was now inclined to think them a harmless people, who deserved the same indulgence, and had the same right as other sects to protection and toleration. On the subject of toleration, he had but one opinion or principle, and it was, that religions ought to be tolerated under a free government, unless where the exercise of those religions was dangerous to the State.

Divorces confined to the Higher Classes by the Expense. MARCH, 1800. House of Lords. Lord Auckland said, in the debate on the standing order respecting Divorce Bills, that rank and property ought not to have a claim to the exclusive benefit of divorces, and yet that benefit was confined to the higher classes by the great expense which attended it. His Lordship added, that this partial advantage was objectionable in another point of view; it tended to expose to public remark and discussion, the weaknesses and vices of men of rank and opulence, and of those who ought to give examples of good order and of morality.

PARLIAMENTARY

AND

POLITICAL MISCELLANIES.

No. II.

The Party in the State to which the Editor belongs.

READER of the first number of this work has stated that some surprise has been expressed, that the notice prefixed to it contains no intimation respecting the Party in the State to which the Editor belongs. This defect shall now be supplied. The editor can have no wish for concealment upon that head. He belongs to the Whigs. He imbibed their principles, about the time of his going to college, from Mr. Francis Horner. Latterly, however, there has been created in his mind a tendency-weekly and daily less easy to be resisted (a recent Address by him to the Electors of Lambeth sufficiently shows this*),-towards the principles which, as he believes, are with small exceptions those of "a class of the community whose labours

* In that Address (27th July, 1850) the heads of the Editor's political creed are stated to be as follows :

1. Maintenance of those measures of free trade which have already received the sanction of the legislature. 2. Gradual enlargement of those measures, and further reduction in the price of food and the necessaries of life. 3. Strictest economy in every department of the public service that can be made compatible with its efficiency. 4. Diminution of taxation ;-good faith, however, being kept with the public creditor. 5. Improvement of the condition of the poorer classes of society. 6. Promotion of the education of the people, without reference to shades of difference in their religious opinions. 7. Speedy and cheap administration of justice, legal and equitable. 8. Modification of the oath taken by members of the House of Commons. 9. Extension of the franchise. 10. Sanitary reform, and consequently abolition of the window tax. 11. Further facilities for emigration to our colonies. 12. Preservation of general peace-due regard being had to the honour of the British empire. 13. Resolution, uninfluenced by party politics, to vote for those measures which, in his belief, will prove beneficial to his constituents and the country,

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and whose virtues form the strength and security of the State,"* viz., the principles of the Radical Reformers of Great Britain.

Petition of Right, 4 Charles I. 1628.

THE Petition exhibited to his Majesty by the Lords spiritual and temporal and Commons in this present Parliament assembled, concerning divers rights and liberties of the subject. To the King's most excellent Majesty, humbly show unto our sovereign Lord the King, the Lords spiritual and temporal and Commons in Parliament assembled; That whereas it is declared and enacted by a statute made in the reign of King Edward I., commonly called "Statutum de Tallagio non concedendo," that no tallage or aid shall be laid or levied, by the King or his heirs, in this realm, without the good-will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm: And by authority of Parliament, holden in the 25th year of King Edward III., it is declared and enacted, that from thenceforth no person shall be compelled to make any loans to the King against his will, because such loans were against reason and the franchises of the land: And, by other laws of this realm, it is provided, that none should be charged, by any charge or imposition called a benevolence, nor by such like charge; by which the statutes before mentioned, and the other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge, not set by common consent in Parliament: Yet, nevertheless of late, divers commissions, directed to sundry commissioners in several counties, with instructions, have issued, by pretext whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an unlawful oath administered unto them, not warrantable by the laws and statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your Privy Council, and in other places; and others of them have therefore been imprisoned, confined, and sundry other ways molested and disquieted: and divers other charges have been laid and levied upon your people, in several counties, by lords lieutenants, deputy lieutenants, commissioners for musters, justices of peace, and others by command or direction from your Majesty, or

*These are the words of Mr. Fox: see a subsequent page.

4

your Privy Council, against the laws and free customs of this realm: And whereas also, by the statute called "The Great Charter of the Liberties of England," it is declared and enacted, that no freeman may be taken or imprisoned, or be disseised of his freeholds or liberties, or his free customs, or be outlawed or exiled, or in any manner disturbed, but by the lawful judgment of his peers, or by the law of the land: And in the 28th year of the reign of King Edward III. it was declared and enacted by authority of Parliament, that no man, of what estate or condition that he be, should be put out of his lands or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of law: Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm, to that end provided, divers of your subjects have of late been imprisoned, without any cause showed; and when, for their deliverance, they were brought before your justices, by your Majesty's writs of Habeas Corpus, there to undergo and receive as the Court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your Privy Council; and yet were returned back to several prisons, without being charged with anything, to which they might make answer by due process of law: And whereas of late, great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, and to the great grievance and vexation of the people And whereas, also, by authority of Parliament, in the 25th year of the reign of King Edward III. it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and other the laws and statutes of this realm; and by the said Great Charter, and other the laws and statutes of this your realm no man ought to be adjudged to death, but by the laws established in this your realm, either by the customs of the same realm, or by Acts of Parliament; And, whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm: Nevertheless, of late, divers commissions, under your Majesty's Great Seal, have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed, within the land, according to the justice of martial

law against such soldiers and mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever; and by such summary course and order, as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death, according to the martial law; by pretext whereof some of your Majesty's subjects have been, by some of the said commissioners put to death; when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been adjudged and executed: and, also, sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishment due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused, or foreborn to proceed against such offenders, according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all others of like nature, are wholly and directly contrary to the said laws and statutes of this your realm: They do, therefore, humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by Act of Parliament; and that none be called to make answer or take such oath, or to give attendance, or to be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof: and that no freeman, in any such manner as is before-mentioned, be imprisoned or detained; and that your Majesty will be pleased to remove the said soldiers and mariners; and that your people may not be so burdened in time to come; and that the aforesaid commissions for proceeding by martial law may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever, to be executed as aforesaid, lest, by colour of them, any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land: All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm: and that your Majesty would also vouchsafe to declare, that the awards, doings and proceedings, to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example and that your Majesty would be also graciously pleased

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