wring from the minister the whole civil pa- | the one-fifth, without having any exclusive tronage in Ireland, and secure all the offices privilege even in this one-fifth. If the mithere for their own sect: in fact, the civil nister of the day stood in need of their "ssistestablishment in Ireland would become com- ance in parliament, as he often would, he pletely Romish.-Would the Romish repre- must listen to such complaints, and listen sentatives in parliament then be contented with attention and favour: circumstances Would their clergy in Ireland, and the mass might compel him to join them in their of their persuasion, acquiesce without mur- efforts to repeal the test and corporation · mur in the enjoyment of the ecclesiastical acts; and if he should det mine to support revenues in lands and tithes by the protes- these remaining bulwarks of the constitution, tant clergy? Would they not immediately they would join the whole herd of republi grasp at them? If the whole executive pow-cans, who have so often reprobated these er of the state there be committed to ro- statutes, and attempted their repeal. Two manists; if the lord lieutenant, the lord attempts of this nature, one in 1789, the chancellor, the judges, sheriffs, and all the other in 1790, must be in the recollection of administrators of the law in that nation many members of this house: it required should be romanists; who would warrant all the abilities of the able minister, who at the enjoyment of the ecclesiastical revenues that time principally conducted the business there to the protestant clergy, or maintain of the nation, to defeat them. If the party their possession of them? The minister him- which made these attempts shall be reinself would not be able to secure the laws en- forced by above one hundred members, steady titling the protestant clergy to these emolu- and determined in their hostility to these ments from alteration and repeal, if the great two statutes, who can answer for their conbody of the Irish representation in parlia- tinuance as part of the law of the empire for ment demanded such a sacrifice, which it any length of time? They will undoubtwould not fail to do. The utter subversion edly yield to the incessant mining and conin Ireland of the church establishment would tinued assaults of a determined, vigilant, follow on the heels of the subversion of the and insidious enemy, constantly recruited by civil, and Ireland would immediately be- the venomous offspring of infidelity, recome a popish country.-But would the am-publicanism, and jacobinism: the constitubition of the Romish faction in the imperial tion, in church and state, will infallibly. parliament stop here? Certainly it would sink under the combined pressure of such a not. The tenets of popery enjoin con- chaotic mass of desolating innovation.-The tinual exertions for its propagation, support, attempt to obtrude this measure on the naand aggrandizement; and every romanist tion, is, in fact, but the rehearsal of the would beside have the additional spur of par- first act of the Gallic tragedy on the British ticular interest and ambition, to stimulate stage. The introduction of members of all him to further exertions on behalf of the sects into the Gallic national assembly was The test and corporation acts, being followed immediately by the subversion, or in full force in England, would oppose effec- rather extinction, of their national religion; tual barriers against the attainment of offices and that by the complete subversion of their of profit and power in England by romanists. government, and the substitution of the most They would observe, that Scotchmen, by the barbarous despotism which ever ravaged and weight of Scottish representation in the im- deformed any region of the civilized world. perial parliament, much lighter than that of Principiis obsta: let us firmly resist all apIrish and Romish representation, had obtain- proaches of the ferocious monster, Gallic ed such offices in England, though they had anarchy-Britons, it is necessary to call almost engrossed all places of emolument or to your recollection, and set before your power in Scotland: they would also observe, eyes, the statutes, the repeal of which that British and Irish protestants were capa- must precede, or inevitably follow, the ble of enjoying offices in Ireland; but that adoption of this measure; because such British and Irish romanists were excluded display will convince you, that this measure from all offices of emolument or power in and its consequences directly tend to the England by the test and corporation acts: complete subversion of your constitution, they would then loudly complain of this in- which has been improving from the comequality of condition with their fellow-citi-mencement of the reign of the glorious zens in the British empire, and state that Elizabeth, till its attainment of its present they were excluded from such offices in four- unrivalled excellence! under which you and fifth parts of the British empire, and admit-your ancestors for two centuries have lived ted only to the full privileges of citizens in and flourished; and which has descended as VOL. IV.

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an inheritance, during that period, in suc-for the unalterable security of their respec cessio from father to son!-The statute of tive church establish.ments, are recited : the first of Elizabeth, enacting that all that of England beg for effectually and public officers shall take the oath of supre- unalterably securing the true protestant res macy that of the first of William and Mary, ligion, professed and established by law in or une bill of rights, new-modelling the oath the church of England, and the doctrine, of supremacy, and extending the sphere of worship, discipline, and government thereof. administration of that oath: the acts of the The English acts of uniformity of Elizabeth thirtieth of Char♥ II. ch. 2, and the first and Charles II. and all other acts then in of George I. ch. 13, enacting, that no mem-force (among the rest, the thirtieth of Ler shall sit or vote in either house of par- Charles II. before-mentioned), for the preinent, till he hath, in the presence of the servation of the church of England are de house, taken the oaths of allegiance, su- clared perpetual and it is enacted, that premacy, and abjuration, and repeated and every subsequent king and queen shall take subscribed the declaration: the act of the an oath inviolabiy to maintain the santethirteenth of Charles II. called the test act within England, Ireland, Wales, and the requiring all public officers to take the town of Berwick upon Tweed. And it is above, oaths, repeat and subscribe the de- further enacted, that these two acts shall claration, and receive the sacrament of the for ever be observed as fundamental and Lord's Supper according to the usage of essential conditions of the union. On the church of England: and the act of the these conditions of the treaty of union twenty-fifth of Charles II. ch. 2, called the judge Blackstone makes these observations: corporation act, incapacitating all persons "that whatever else may be deemed fundafrom being elected officers of any city or mental and essential conditions, the preser corporation, without their having within a vation of the two churches of England and twelvemonth previous to their election, re- | Scotland, in the same state they were in at ceived the Sacrament of the Lord's Sup- the time of the union, is expressly declared per according to the usage of the church of so to be; and that therefore any alterations England; and also requiring them to take inthe constitutions of either of thesechurches, the above-mentioned oaths-all these acts would be an infringement of these fundamust be repealed! all the fortifications, mental and essential conditions." The fifth erected for the safety and preservation of article of the union of Great-Britain and our constitution in church and state for two Ireland is in the following terms: " that it centuries must be levelled with the dust.- be the fifth article of union, that the churches Judge Blackstone, an able and constitutional of England and Ireland, as now by law establawyer of modern days, states, that the acts lished, be united into one protestant epis of Charles II. and George I, requiring all copal church, to be called the United Church members of both houses to take the oaths, of England and Ireland; and that the docand repeat and subscribe the declaration, trine, worship, discipline, and government were enacted to prevent crude innovations of the said united church shall be and shall in religion and government. The test and remain in full force for ever, as the same corporation acts he styles the bulwarks of the nre now by law established for the church of constitution, and states, that they were England'; and that the continuance and enacted to secure the established church preservation of the said united church, as against perils from non-conformists of all the established church of England and Iredenominations, among whom he particularly land, shall be deemed and taken to be an esenumerates papists. (See Blackstone's Com-sential and fundamental part of the union : mentaries, vol. i. p. 158, and vol. iv. p. 57, and that in like manner the doctrine, worSvo. edit.)-It is now time to advert to the ship, discipline, and government of the conditions of union between England and church of Scotland shall remain, and be Scotland, and between Great Britain and preserved, as the same are now established Ireland, which relate to the church estab-by law, and by the act of the union of the lishment; and to enquire whether the present measure can be be adopted consistently wi h the obligation of these conditions, and the preservation of the public faith.-In the act of union of England and Scotland, the fifth of Ann, ch. 8, two acts of the respective parliaments of England and Scotland,

two kingdoms of England and Scotland:"It is clear that every measure tending to the breach of these fundamental and essential conditions of the two unions ought to be rejected by this house with indignation: the very proposal of such a measure to this house is an insult to it; as it must be found

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ed on the presumption, that this house is ments therein-recited, shall be perpetual ;” capable of violating the public faith reci- and in both of these recited acts, an addiprocally plighted by the nations composing tion is made to the coronation oath; and it the British empire to each other, on their is enacted, that the succeeding kings of consolidation into one body. If this mea- Great-Britain shall, at their coronations, sure should be adopted, the act of the 30th swear to maintain and preserve inviolably of Charles II. requiring all members of both the settlement of the church of England, houses to take the oath of supremacy, and as specified in that statute, for the unalterrepeat and subscribe the déclaration, will be able security of the church of England, and repealed by its adoption, as well as the bill the doctrine, worship, discipline, and goof rights and the test and corporation acts: vernment thereof, as in that act specified, these are made perpetual by the conditions within the kingdoms of England and Ireof the union of England and Scotland, being land, the dominion of Wales, and the town senacted for the preservation and continuance of Berwick upon Tweed, and the territories of the church of England; and, as Judge thereunto belonging." A similar oath is Blackstone expresses it, for the prevention prescribed to be taken at the coronation by of crude innovations in religion and govern- all succeeding kings, for the inviolable preement. Exclusive of this direct, breach of servation of the then established religion in the conditions of the union, it is already Scotland. The coronation oath not only shewn, that the whole tendency of the mea- binds the king to refuse his assent to any, sure, and its notorious consequeness, are, alteration in the religions of England, Ire the subversion of the established church in land, and Scotland, as they were establishGreat-Britain and Ireland, in violation of ed at the time of the union of England and the public faith plighted on the completion Scotland, but he is equally bound to refuse of two incorporating unions; the introduc- his assent to any measure, directly tending tion of infidelity and atheism, by the an- to the subversion of the religion then estabnihilation of all the bonds of society spring-lished; and also to discountenance, as far ing from an established religion: and the as in him lies, all attempts of that nature. consequent introduction of anarchy and de- The patrons of this measure, sensible of mocracy the true reason (however dis- this impediment, have not been wanting guised under the mask of liberality) why in their endeavours, by sophistical arguthis desolating, faithless, Gallic measure has ments, casuistical distinctions, misrepremet the approbation, and acquired the pa- sentations of some facts, suppression of tronage and support of all the jacobins in others, and suggestion of falsehoods, in >the British empire.-It is some consolation pamphlets and newspapers, to the founda. to reflect that the subjects of this empire, tion of this barrier, which they were unable attached to the constitution, have yet one to surmount. One pamphlet of this nature barrier left to resist that inundation of im- deserves particular notice, inasmuch as it is piety, democracy, and barbarity, with which an epitome of all the arguments against the this measure is calculated to overwhelm obligation of the coronation oath; and is it: that is, his majesty's coronation oath; launched into the world under the name of a barrier, I am convinced, sufficient to de- a gentleman, whom I understand to be a fend us, during the precious life at least, person of some reputation, as a lawyer or of the pious and conscientious prince who conveyancer, and of the Roman catholic now sways the British sceptre; a barrier persuasion. It is entitled, "A Letter to a raised by the wisdom, piety, and patriotism Nobleman on the proposed Repeal of the of our forefathers.- -The oath enjoined by penal Laws which now remain in force. the statute of the first of William and Mary, against the Irish Roman Catholics, from to be taken by the king at his coronation, Charles Butler, Esq. of Lincoln's Inn, Anthr has the following clause: "I will to the of the Notes and Annotations on Coke (n utmost of my power maintain the laws of Littleton." This pamphlet, after stating, God, the true profession of the Gospel, that the author is less acquainted with the and the protestant reformed religion estab-Irish popery laws than with the English Jished by law.". By the act of Aane ratifying the union of England and Scotland, as already stated, it is enacted, "that two acts of the respective parliaments of England and Scotland, for the unalterable security of their respective church establish

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(which is indeed sufficiently manifested by its contents), proceeds to give what it styles an outline of them; but in truth it is an odious, monstrous, and detestable caricatura of the provisions and effects of the Irish popery acts of the 2d and Sch of Queen Anne,

loyalty of the Irish romanists? He states, that if the Irish romanists did not flock tő the standard of Britain, frightful indeed would be the solitude of her camps and her fleets. Poor Britain! Irish romanists, ace cording to this pamphlet, are your only des fenders! The author means to insinuate, that all the Irish serving in the British fleets and armies are romanists, whereas not onė half of them are so.. And it is certain, that the protestants of Great Britain and Ireland would furnish sufficient armies and fleets; if romanists were entirely ne the mutiny in the fleet, the recruiting of excluded. Since ficers for some time refused to enlist any Irish romanists for the marine service. The degree of merit of a Romish common sole dier, serving under protestant officers in an army, nine-tenths of the common soldiers of which are protestants, sin countries res mote from his native land, removed from the baneful influence of his priests, and subject to military discipline, is so minute, that its value is not easily appreciated. He en lists for the bounty; he is paid for, and ob liged to perform his allotted service. The author of the pamphlet either did or did not know of the already mentioned rebellion and mutiny, when he published his praises of the loyalty of the Irish romanists in the first case, he seems to be deficient in candour in the other, in information. The

The whole scope of these two wise and pro- | adjacent to his quarters, joined him. What vident statutes was to prevent romanists then could induce the author to praise the from acquiring landed property in: Ireland, their antecedent rebellions and barbarous massacres of the protestants of ireland have ing rendered such a prohibition at that time not only expedient, but absolutely necessary. The pamphlet admits, that these acts are now repealed, but the caricatura is inserted by way of ornament to the subsequent argument against the obligation of the coronation oath, the main drift of the pamphlet. The pamphlet then praises the loyalty of the Irish romanists in the course of the war; and states that five of the directors of the united Irish only one was a romanist; but it should at the same time have stated, as the truth is, that the other four were desperate jacobins and infidels, with which species of people the Irish rebels had closely connected themselves; and that nearly the whole mass of Irish traitors which broke out into open rebellion in the year 1798 were romanists, not one in five hundred of them being of any other religious persuasion; and that they massacred in cold blood all the protestants, men, women, and children, who fell into their hands; giving no other reason for their barbarity, than that the victims were protestants and heretics. It appears from some passages in the pamphlet, that it was written and published since the year 3798. In that year burst forth the last rebellion of the Irish romanists, and the bar barous massacre of their protestant country-pamphlet then states, that the Roman ca› men. The reports of the committees of the tholics acknowledge the spiritual supremacy English and Irish houses of commons have of the pope, but to a man deny his right been some years published: the conspirary to temporal power. It can be hardly sup for rebellion, and the dreadful and dangerous posed, that the author, if he be a lawyer, mutiny of the Irish romanists in the British can be ignorant, that the wisest and most fleet, are fully exposed in these reports; sagacious statesment and legislators & cannot yet the author of the pamphlet has the con- separate a vast portion of temporal influence, fidence to praise the loyalty of the Irish ro- authority, and power, from the manists, and to state, that in the late inva-in spirituals; their adhesion is indissoluble, supremacy sions of Ireland, none were more active in they must for ever accompany each other.” repelling the invaders, and that among the It is now time to advert to the principal armen of influence and property, who were gument in the pamphlet, that the king is engaged in the rebelion, three catholics not by his coronation oath bound to resist cannot be mentioned. There was but one the adoption of the present measure: this invasion of Ireland during the last war, and the author rests on the clause in that oath, conducted by Humbert, at the head of one which binds his majesty "to govern the thousand French troops. He landed in a people according to the statutes in parliapart of Ireland, in which the bulk of the ment agreed on, and the laws and customs Jahabitants were romanists, who joined him of the realm. The author then gives a in a mass on his landing; at his first en-mutilated extract from the nexti clause, to counter with the king's troops, the greater wit, that this majesty swears to maintain part of a regiment of Irish militia, all ro- the protestant breformed religion established manists, deserted to him; all the romanistsby law [for coronation oath, as settled by of influence or property, within the districts the act of 1st William and Mary, see Black

coronation oath, is bound to govern · his people according to the statutes in parliament agreed on (that is, agreed on by king, lords, and commons, the king in his legislative capacity being an integral part of the parlia ment), but not according to bills depending in parliament, and which may perhaps have been agreed on by a majority of the members of the two houses of parliament; for such bills are not laws nor statutes, "nor in any manner binding on prince or people, till they have been agreed to by the mo narch, and received the royal assent, without which they become waste papert is sincerely to be hoped, that there will be such harmony always subsisting between the king and both houses of parliament, that no bill will be ever offered to his majesty for his assent, which he shall deem it expedient to reject; especially such bills, as he is bound by his coronation oath, a and by the express conditions of the two unions consolidating the British empire, to reject. But I cannot agree with the doctrine of some bold innovators on the British constitution, who have asserted, that the king is bound to assent to every bill which has passed through the two houses of parliament. Such doctrine is, in my opinion (to use the words of the author of the pamphlet), absurd in the extreme, unconstitutional, and perhaps even treasonable; as it teaches, that the king in his legislative capacity is a mere cypher. If (which God forbid!) the two houses of parliament should pass a bill con

stone's Commentaries, octavo edit. 1st vol. page 228, 229] and adverts only to the coronation oath as settled by the 1st of William and Mary, without at all adverting to the additions made to that oath by 5th of Anne, or the act of union between England and Scotland. He then draws the following conclusion from these garbled premises, that the last clause can only mean the protestant reformed religion, as from time to time, under the legislation of parliament, it should be the church establishment of the country: that, as to the constitutional interpretation of the clause, it would be absurd in the extreme, unconstitutional, and perhaps even treasonable, to contend that the last clause precludes his majesty from concurring with both houses of parliament in any legislative act whatsoever; and even if it did preclude him from such a concurrence, it would be no objection to his repealing the laws remaining in force against the Irish romanists, as the repeal of them will not interfere with the legal establishment of the church, with any part of the hierarchy, or with any of its temporal or spiritual rights and privileges. I have already remarked the disingenuity of the author of the pamphlet in respect to his garbled quotations of the coronation oath, and his total omission of the additions made to it, by the act of union of England and Scotland, by which the king is obliged to swear at his coronation, to maintain and preserve inviolably the church of England, the act of uniformity, and all acts in force at the time of that union, fortaining clauses in direct contradiction to his the perpetual preservation of the church of majesty's coronation oath, and in violation England in its doctrine, worship, discipline, of the articles of the two incorporating and government (the act already mentioned unions of England and Scotland, and of of the 30th of Charles II., among the rest, Great Britain and Ireland, and tender such whereby all members of both houses of par- a bill to his majesty for the royal assent, who liament are bound to take the oaths previous will assert that his majesty is bound to give to their sitting or voting in the houses), as that assent in violation of his coronation it stood at the time of the union of England oath, and the public faith? Such a crisis I and Scotland, and consequently not to make have the firmest hope will never happen; or consent to the making any alteration in if it should, I have no difficulty in asserting, ats doctrine, worship, discipline, and go- that the king is bound by every principle of vernment, as it then stood. But the first religion, and by every true principle of the deductions of the author from the clauses in constitution, to refuse his assent; though by the coronation oath, as partially quoted by such assertion, I incur the guilt of treason shim that they can only mean, the pro- in the opinion of the Annotator on Coke on testant reformed religion, as from time to Littleton! I acknowledge no power, in either time, under the legislation of parliament, it or both houses of parliament, of dispensing should be the church establishment of the with the obligation of lawful, positive, socountry, is founded on a sophism, to wit, lemu oaths, I will not admit, that any man, the fraudulent assumption, that bills de- or body of men, on the face of the earth, pending in parliament, and which have, is invested with such a power. King James perhaps, passed the two houses, are acts of Iwas chased from his throne for attemptparliament or statutes. The king, by shising to ripense with the laws of the land;