The Sun.
London, England, 1851-06-28 00:00:00

those assuming ecclesiastical titles in the same position
as that of the 22,1 and 23.1 of George 111., and, in 1795,
When the college of Maynooth was endowed, so careful
Was the Legislature to recognise no such title, that
.the
Commissioners named to carry the measure into chest
Were simply set down as electors of divinity. So the law
continued down to 1829, when the Relief Act ens
Passed, the 24'th section of which imposed penalties for
as
Burning ecclesiastical titles. An argument v.- as u3.:,1 in
the course of the present debate, that all titles not ex-
pressly prohibited by that section were permitted.
very important that it should be borne in mini that that
Prohibition did not interfere with the spiritual privi-
leges of Roman Catholic bishops, and that at that time
the Act of Elizabeth, being in existence, the law was
tore stringent than it was at the preaeot day. The
Roman Catholic ecclesiastics of that time are men
equal in learning and in talent to those new in existence,
and yet not one of them complained of the clause, as in-
terfering with their spiritual rights, but, an the century,
kcepted the measure with gratitude. Having ,ben dis-
claimed all ecclesiastical titles, what reason now existed
for making any distinction between England and Ireland?
The Noble Lord, on the motion of the Hon. Member for
Rochdale, said that having made a law in regard to Eng-
land, he did not think it would be consistent to allow any
person in any part of the United Kingdom to assume a
title such as the Bishop of Galway. in consequence of a
rescript received from the Pope. The Honourable Mem-
ber for Somorsetshire quoted an extract from a Roman
Catholic publication, and he would read one which was
snore extraordinary, and more striking, and, he re-
gretted to add, of a more profane description. He
found the Tablet newspaper, in speaking of the bull
appointing the Bishop of Killaloe, use the following
Words:—" The law is broken, thanks be to God," and
With respect to the rescript, said to be condemnatory of
the Queen's Colleges, it used terms still more objection-
able and more repugnant. " Another rescript (it said),
another crime, another cause of thankfulness to At-
raighty God, and ours must be the greater, because the
direct and main object of it is to deteat with ignominy
an Act of Parliament." Was the Noble Lord right, or
Was he insane, to pirmit such scandalous attempts to
disobey the law, and the shameful abandonment of the
tights of a great nation?—(Cheers.) And yet under all
these circumstances, and with the law even as it at pre-
Bent existed, these repeated defiances were allowed to go
on, and an Act framed, which did not guard every part
of the United Kingdom. The preamble of the Bill was
directed solely and exclusively at the rescript issued last
year, appointing a hierarchy for England. If the Noble
Lord determined to extend the Bill to Ireland, he would
do for him that which he had not the courage to do for
himself. His object was to convert the declaration,
"certain briefs, rescript, or letter apostolical,"
into t• certain • briefs, rescripts, or letters apos-
tolical;" and also to cite and include the re-
Script, brief, or letter apostolica 1 of 29th Sep-
tember, 1850; and with this object in view he asked
how the Noble Lord could object to this amend-
trient? The legislation now proposed to meet this ag-
gression only elicited defiance, and was an encourage-
Went to further encroachments. He therefore asked,
did the Noble Lord intend to extend the law to Ireland,
and if so, why not state it on the face of the Bill? He
Wished the House to have in a concentrated form all the
amendments, forming a series and a system. He would
ehll attention to another amendment. The Noble Lord
directed attention to one rescript, brief, or letter aposto-
ekeal which the preamble declared to be illegal and void.
If the preamble was carried on these terms, as ho pro-
Posed, it would pass to all rescripts if his amendments
were carried. The Solicitor-General being pressed by
the Member for the University of Oxford, whether he
Was not inconsistent in confining the declaration of the
Preamble to a particular rescript, whereas that by which
the diocese of Ross was established was equally illegal,
Stated that the declaration would operate in Ireland. He
Stated the judges would apply the declaration in cases
arising in Ireland. This, however, was not a declara-
tion of the law generally, but in reference to a particular
tescript. The judges would decide according to the law
If
it stood before this declaration was made.
'lf this declaration clause had any operation, it
Would 'be an injurious one, and detrimental. His
honourable and Learned Friend said it would apply
to Ireland. Ho would then appeal to the
Noble Lord in consistency to declare it on the face of the
45114 He would now proceed to the next amendment.
In 1846 the Noble Lord said that, to prevent parties
efrom assuming these titles, would be absurd and puerile.
If that was his impression it was their duty not to per-
!en! the Noble Lord to give them this minimum of legis-
lation against this aggression. He appealed to the Noble
Lord whether the statute of Richard H. was available
lit the present day or not. Ho thought they ought to
have an answer on that point. The Noble Lord said it
Was obsolete. Well, he agreed it was right that it
Would not be prudent to risk a conviction under that
statute, but at the same time he asked the Noble Lord,
did he mean to carry out the Act of Richard II , and if
to, be would say, let him declare it openly on the face of
the Bill. The value of his amendment was, that they
Would bring it down to the present day, and make this
&till accordant with the declarations of the Noble
Lord, but which he was prevented carrying into effect
°Y a counteracting force. His object was to protect
them from further aggression. Obsolete laws, as Lord
illation observed, brought a gangrene on wholesome
'Were that were to be brought into practice and exe-
oetion. The Noble Lord proposed to leave the law as it
Was under the 10th of George IV. What was the
effect of that Act ? The law was allowed to sleep, and
the penalties left, like unstored arms, hanging
Ott the walls, not meant for use. Ho would
14, had the Attorney-General done his duty ? If not,
Was it likely that any Government would embarrass
itself with such a prosecution, if they could avoid it.
,le asked, was it not their duty to take care that the
laW should be efficient, and not be allo wed to sleep, as
It had been under the existing law? It was said he
Leant an indignity to the Attorney-General; but was
he on that account to be prevented from providing a
ttimulus to the Attorney-General to enforce the law?
The Government was unwilling to prosecute, and he
Proposed to give the power to any one to prosecute with
the consent of the Attorney-General. The effect, there-
fore, would be that if any respectable party proposed to
Prosecute, if it was a proper occasion, the Attorney-Ge-
lieral would consent, and if not, he would withhold his
iconsent, and, therefore, the matter would be left in the
ihands of the Attorney-General as heretofore. He had
brought these amendments forward in no spirit of hosti-
lity, hut to sati fy the public and to enable the Govern-
!tient to act up to their declarations. This was a most
Important measure to protect Protestant ascendancy,
Which was assailed from within and without, and was
in a condition similar to that of the .Primitive Church
When it was said to contend " with outward
lghtings and with inward fears."—(Hear, hear.)
hie had to contend against a power which assumed a
tight to govern all—heretics and apostates, among
Which Protestants were included. The Hon. Member
for Kerry said they would wait for an occasion, and not
anticipate it; but that would never come until it was too
late to prevent it. They had to contend with a foe
Who would crouch in his lair for the fatal spring, which
Would then be irresistible. He thought they ought not
to disregard the warning they had already, and not
Wait until it was too late. The time was the present to
respond to the Protestant zeal of the country, and to pro-
tect the interests of tsose who were to come after them.
lie called upon them rot to repair the breach which had
been made by the enemy with the rubbish furnished by
the opposite bide, but with sound materials, which would
form an impregnable defence. The eyes of the world
Were upon them. They were engaged in a contest in
Which to fail would be a disgrace—which was described
by an eminent writer, that if they allowed the Pope to
introduce his bulls into this country the honour of Eng-
land would be trampled in the dust, and be the heaviest
blow for the last three centuries against human liberty
and human progress.
The Hon. Gentleman resumed his seat amidst loud
and continued cheering.
Lord J. RUSSELL said the Hon. and Learned Gen-
tleman who had just resumed his seat had spoken with
Much ability in support of the amendment to the mea-
sure he had introduced to the House; and, after very
considerable vituperation against the measure as it now
stood, had stated that his proposed additions would make
the Bill complete, comprehensive, and efficient. He,
however, was surprised at the Hon. and Learned Gen-
tleman attaching so much consequence to the additions
he had proposed, as he (Lord J. Russell) did not con-
ceive that they were either very valuable or very strin-
gent. In the first place, let them consider what consti-
tuted the offence against which the present measure was
directed. Tho offence was, in the first place, an assump-
tion of titles in this country by a foreign Power, with-
out the knowledge or consent of the Sovereign of this
country, and in defiance, in fact, of the expressed wish of
the Government of this country.
Now, t o moat that, they
proposed, in the first place, to insert in the Act that a
certain rescript, professing to emanate from the Pope of
Rome, purporting to give these titles, had been issued in
this country, and that such titles, conferred under such re-
script, were void and illegal. Such was the first step the
Government took in the matter, and that he considered to
be the best mode of meeting the case, because what they
had to deal with was a document which was published
in this country openly and palpably; it was read on plat-
forms, and from all the pulpits of the Roman Catholic
Church in this country, and therefore it was proper that
Government should take cognizant® of it. Some parties
said that the proper way to meet the case would be to
pass a resolution in each House of Parliament, condem-
natory of the Act; but Government considered that the
better mode of meeting the case would be to pass a de-
claration in the shape of an Act of Parliament, aiming at
the particulat act of encroachment—reciting it, and de•
daring it void and illegal. That, he considered, would
have been a declaration that all such acts were illegal,
and that they could not have effect in this country. But
then the Hon. and Learnad Gentleman said, " Oh! but
while you declare this not of the Pope illegal, you don't
declare the other rescripts he bas issued to be iilef.Tal, and
the measure fell, therefore, far short of what it ought
to." He, however, considered that by making the pre-
sent measure applicable to all rescripts, they would very
much weaken its effects in respect to this particular act.
The Honourable and Learned Gentleman had censured
the Government for not making the measure appli-
cable to all similar rescripts; but if the Government
was liable to censure in that respect, the Hon. and
Learned Member for Midhurst (Mr. Walpole), who had
proposed the clause, was equally so, for he had confined
it to this particular rescript. Tho Hon. and Learned
Gentleman had stated that the effect of their not having
extended the measure to all similar rescripts as that
complained of, would have the effect of embarrassing
the judges, should they ever be called upon to put the
clauses of the Act into force. Not being a lawyer, he
would not enter into a legal argument on that point, but
he thought the opinion expressed by the Hon. and
Learned Gentleman respecting it, was so contrary to
the common-sense view of the subject, that they could
not be considered so now. Instead of the measure as it
now stood, embarrassing a judge, it occurred to him
that thejudge before whom such kosee would come, would