The Sun.
London, England, 1851-05-24 00:00:00

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Terti_ltY of the King, his crown, or regality, such
a should be liable to the pains and
W`lttes of prsemunire, and by the 13th Elz , c. 2, it
4
phtlerovide , that if any parson or persons issued or
thts d or published any such writing or instrument,
tiintleald he considered guilty of high treason. Nos the
to I°ol Vic., passed in 1846, repeated so much of the
tte_oi Eliztiheth, as imposed the penalties and punish-
,lllutrs therein mentioned; but then it said that, in all
steeh, rospeets, as to the issuing of bulls, the punish-
oie`e should remain the same. But then there was still
ittlßtattne of Richard the Second remaining. It was
Nriced into Ireland in the reign of Henry the Se-
tel„' and teed in certain caies been put in force there,
ioeuere could be no doubt that that Act was sulfieient
1400 present any such bull or rescript bei.ng issued
ethisoeuutey. It might then be asked, if there was
4, a law ia existence, what necessity was there for a
N;Tle• 0 a that question being put in that House, he
s'iered tb e Noble Lord gave a most satisfactory au-
,• said that, upon consulting the law officers of
Frown, ti ley at once admitted that the law had been
htng
qed by the recent rescript of the Pope, but in con-
nce of the law so infringed having slumbered in
tstute-book for so long a period without being
14 might be considered to put it into action now as
1113 of har:lship, and that feeling might nave caused
Vrosecutf.on under the statute of Richard the
d to have failed. He at once admitted
failn re in that respect would have been
iilPrejudicial, and therefore it was essential in some
for other to revive this old statute, and to show by
68SiOn `ot,', Parliament that it was not a dead letter.
i:e.ll the in ensure_ was first introduced there was no
in this Bill whatever which negatived this point,
was'c consequently suggested to the Noble Lord
ig the law in the most unsatisfactory state.
• oonsiaering the matter, he yielded so far to the
estions his Hon. Friend the Member for Midhurat
_adopted' a portion of his amendments, which now
_
lituted tI es -first clause of the Bill. Having, however,
1P adopted of portion of these amendments, he consie
the No ble Lord had placed himself in a position of
° Inconel' atency, and had made his law imperfect and
6 l'il!aplete, That was at once seen by the acute mind
18 Right Hon. Friend the Member for the Univer-
lYi of Oxford (Mr. Gladstone), who had said that there
k
!mother rescript of the Pope previously issued,
unibiting ti to Bishop of Cloyne from exercising autho-
jZa the diocese of Ross, and creating a new bishopric
as. WI iat were they to do with that rescript? To
at the Solicitor-General replied that there could be no
were a case arising on any other rescript than
I°lle mentioned in this measure brought into a court
law, no one could imagine that, with this
before him, a judge would decide that it was
tlitgal as ti he one declared in the Act. But supposing
bit were so, supposing any proceedings were taking
as to tb e issuing of the rescript respecting the cre-
-41 of the d iocese of ROES, it would not be on this sta-
te, but upot t the statute of Richard the Second that
t Would I ease to prosecute, and certainly, if there
'sold have% ePn a difficulty before the passing of this
ratite, if it d lid pass, in bringing that Act of Richard
Second in to operation, this restrictive statute of the
able Lord vi 'mild form a still greater barrier to their
ng so.—(B :ear.) And though it might possibly be
that the judges would ultimately come to a right
Bien npon the law as declared by the statute of Ri-
Ard the Sec, mad, yet they would be grievously embar-
ed in the ( :nurse of the argument by the limited cha-
„, er of this particular enactment being directed against
particura r rescript. It appeared to him, therefore,
t though h is lion. and Learned Friend the Solicitor-
t'aeral wait Sight in his answers to the Right Hon.
htleman tb e Member for the University of Oxford, in
ring that tb n judges would declare the law, and would
id no difficulty in declaring it, yet he was not right in
that by this declaratory enactment they
t!ki be .g. aided to a right and undoubted
,'cities. No re the Solicitor-General had expressed
intention is of the Government on the sub-
t• It was t heir intention that this declaratory enact-
eat, as it nc ,w stood, should have no operation as re-
Ned any pr eceedings that might be called for in Ire-
Pd, with re: Ference to the rescript under which the
AV of Roe Is was appointed. It was the intention of
?vernment, however, to denounce the establishment of
bishopric of Ross, and that being so, his answer was,
such were it a intention why not express it on the face
the Bill, fe irly, openly, and directly? Why leave
I'4 intention in doubt? He had no doubt that the
Wale Lord hr AI come to a right decision on the subject;
4't if he limit ed the law in such a manner as to make it
PPlicable onl, y to England, be must necessarily deliver
over the other . part of the kingdom to the uncontrolled
the
of the Pope. Therefore he felt satisfied that
It! Noble Lori I had not expressed what he meant.—
'near.) It a ras matter of notoriety that after this re-
▪Pt had beet a issued, and when an opportunity had
17au afforded to Rome of witnessing the excitement and
d `lignation which it caused throughout the country, in
I,B6ance of tha t feeling, a new rescript was issued by the
The under w hich the Bishop of Ross was appointed.
ea view of the whole question which was taken by a
ist_enCh neWspaper, called L' Univers, which was under-
stood to be The organ of the Jesuits at Paris, completely
proved the arrogance of the spirit under
which these steps had been taken, and openly
warned the Noble Lord at the head of the Government
the difficulties he would have to encoonter
fts attempted to make the sees of these bishops sub-
,Ziasive to the British sceptre. Now, was not this throw-
'4l3 down the igauntlet of defiance to the Noble Lord?—
haeel., hear.) It was suggested that the Noble Lord's
eulties wduld be increased by this new aggression,
bat be believed the Noble Lord had a spirit that would
:/_ereoene them, and was sincere in his intention to re-
:l, not only this, but any future aggression. Believing
f„"tt, and understanding his opinions on the subject,
`°lll having heard them so clearly expressed in the dis-
Llission before tbe Committee on Monday, he had no
:esitation in saying that the Noble Lord would find it
'seem ary to introduce into the clause those additions
1111114 aiteration.s taken from the Hon. Member for Mid-
,,,llrst's clause, which he proposed, and which additions
_,
• alterettions wonld carry out the express views of
;re Noble Lord, and would make this Bill what they
"'mired it should be—consistent, complete, and efficacious.
Boa.
The SOLICITOR-GENERAL said he thought his
isnd Learned Friend the Member for Abingdon
.7" ut properly conceived the effect and scope of this
°f the
He was right in saying that in consequence
the Act of Richard the Second being obsolete, it
Was
considered inexpedient to revive it; but that was
sot the only reason. It was also because the penalties
Posed by the statute were of a character which
kvaa, not thought advisable to revive at the present
Nothing could be more unwise than to go before
Jury with'a statute which counsel for the defendants
918 resented as obsolete and tyrannical. The intention
Was
;s to make a public national declaration with respect
to Set of violence and aggression on the part of a fo-
tißo poteatate, under colour of which certain subjects of
t: Majesty hid assumed ecclesiastical titles. His Hon.
sad Learned Friend forgot that Government wished to
with the subject only by recital of the law upon it.
,L,,t,e recital in this Bill, as originally proposed, was
▪ t any attempt to establish, under a colour of
Zlitho rity frosts the See of Rome or otherwise, such
eat% tided seee as dioceses was illegal and void." It
sa tl sought unadvisable, however, to have any enact-
rut whatever, but the Honorable Member for
Idht irst said that there was something much more
I,Letni and authoritative in a public declaration, which
kse the refore preferred to a mere recital. He (the
v.""ticittir-General) stated that in his mind the recital
,7 0I ild have sill the effect of a declaration, and that the
N~laratory clause would go no further than the recital.
,? t only the Hon. Member for Midhurat, however, but
Nies. parties `look the same view, and thought the age
cation ought to be' met by a declaratory enactment.
at being the case, he thought they had strictly carried
'llll the object which they ought to have in view in mak-
ml a declaration. He had already said, on previous dis-
' ~Se dons, that he conceived it would be a more dignified
tourso, rather than hunting down every bull and every
t„st eript that the Pope might think fit to issue at any
pile, if they %were to deal with the principal rescript, un-
met• which the' sees of the Anglican Church were to be
Lk/ ierseded. The Bill was now on a different footing.
ch e bishopric. of Ross fell within the Act of 1829, as
~..the re was flour existing a see of that name in the United
k%hmarch of El:l44nd and Ireland. So far from strength-
epis their position, it seemed to him that the psoposi-
lion ,of the Hen. and Leurned Gentleman opposite would
weaken it much, by plunging the principal rescript
knoiagst a mass of minor ones, whero it would be lost
'Watt of. An outrage of the grossest description had
been committed upon them, and with that they had to
deal. They had made their declaration respecting that
tgression. Ilia Hon. and Learned Friend said he
vrishe dto test the sincerity of the Government; but the
ohi2oition would not take effect under the first clause.
Under the second, however, they would touch every per-
so n presuming to derive titles from such sources. To
foillow the course of his Hon. and Learned Friend oppo-
site would only weaken the effect of the Bill, and for
the t reason he should oppose it.
aihe Earl of ARUNDEL and SURREY referred to
the legislation of recent years with regard to bulls, to
;hew that the question of their legality in this country
Vas placed in a different position now from that which
it held under the old Acts of Richard and Elizabeth.
M'. DISR A.E LI
said that the difficulty in which the
Committee were now placed appeared to him to have
aria en in consequence of the Government taking the first
Blau se of his Hon. and Learned Friend the M. ember fo
Midhurat, and not adopting the preamble which he pro-
r
Voseett because if the preamble were adopted be did not
think there would be any necessity for the amendment
stow proposed byhis Hon. and Learned Friend the Item-
iser for Abingdon. But, as he (Mr. Disraeli) did not
despair of the Committee adopting on the proper occa-
sion the preamble proposed by his Hon. and Learned
Prhend the Member for Midhurst, he trusted his Hon. and
Lenened Friend the Member for Abingdon would pause
be fore he divided the Committee upon an amendment which
would consequently be unnecessary.—(Hear.) He con-
fer red he preferred the first clause as it now stood, be-
cai ire what he desired principally to see was that the
ilit I should be made a retaliatory measure, and, if so, it
out •ht to bear upon its face that it had been occasioned
by t a curtain specified act which had been done by a fo-
eeig a potentate, and, in his opinion, this effect would be
mate rially.diminished by the amendment now proposed.
Then , again, the objection that the case of Ireland was
not in eluded in the first clause as it now stood would be
meet la, • the adoption of the amendment of which his Hon.
sand Leorned Friend the Member for Midhurst had given
!notice, ,to insert the words " United Kingdom" in the
at coed clause. He was rather disposed, therefore, not to
disturb the first clause, in the hope that the amendments
to which he had referred, and which would make it per-
tee tly apposite, would subsequently be adopted. With
refs +rence to the case of the Bishop of Ross, he was cer-
tain ly under the impression that it was sufficiently met
by the Emencipation Act, as stated
wh by the olicitor-
Geri eral, He only wished to know y, in tShat case,
the 1 3ishop of Ross had not been proceeded against by
tar ...tdajesty's Government.—(Hear.)