The Sun.
London, England, 1850-07-30 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, July 29.
LEASEHOLD TENURE OF LAND (IRELAND)
_ _

BILL.

The order of the day for the resumption of the ad-
journed debate on the amendment moved on the third
reading of this Bill was read, and the debate resumed.

The LORD CHANCELLOR having proposed a series
of amendments which were agreed to,
The Bill as amended was read a third time and passed.
The Borough Court of Records (Ireland) Bill went
through Committee.
Their Lordships then adjourned.

ROUSE OF COMMONS, July 29.
BARON. ROTHSCHILD—ADJOURNED DEBATE.
Mr. C. ANSTEY then rose to resume the adjourned
debate, and commenced by complaining of the conduct
which Government had pursued in reference to this ques-
tion. It was hopeless, after what had fallen from the
Premier, to think of asking the House to deal
with the third oath by way of resolution. The
Hon. and Learned Member for Abingdon said that
Quakers, notwithstanding the Act which relieved their
consciences at the-time of the revolution, were not ad-
mitted to give evidence in criminal cases until 1828. Was
the Hon. and Learned Member aware that Quakers had
been admitted to make an affirmation in criminal courts
of justice from 1828 down to the present time, and
did be forget that Quakers were allowed to
take their seats in that House in the person
of Mr. Pease without any oath at all?
What the House of Commons was asked to do to•
day, on behalf of Baron Rothschild, was exactly
what was done in the case of Mr. Pease. Though
the forms of oaths of abjuration were very various,
yet he would venture to say there was not one of
them which a Jew or even a Heathen might not take.
The nearest form to the present Christian oath was one
concluding " So help me God and his Holy Gospels."
It was well known that the courts of law had always
considered the Pentateuch to be the Gospel of the Jews.
He believed no one would deny that a common-law oath
was of as much authority as one prescribed by statute.
It was quite trao that many of the oaths to which he re-
ferred were of a juridical character; but he could not
understand the distinction between juridical and pro-
missory oaths. But allowing there was the distinction
contended for, still so early as the reign of Richard I.
Jews had bean admitted to the office of judge. There
was also a distinct recognition that the oath of f. aity
might•be taken by Jews in those days. There was no
specific precedent of such an oath to be taker by Mem-
bers of Parliament, but there was an oath of office to be
found in the Statutes at-Large which persons had to take
in the time of Edward I. on being admitted to the
King's Council. OF that council th Howe of Com-
mons might be considered a part, and he had no
doubt that that oath was taken by barons, knights,
and burgesses on admission to the King's Council.
The terms of that oath were to counsel the King—
to respect the privilege of debate to maintain
the rights of the Crown— and it concluded with
the words "So help me God." New that was an oath
which any Jew might take. At the first establishment
of Parliaments Jews were admitted, but shortly after-
wards by ordinance—legally or illegally—they were ex-
pelled the realm. In the time of Henry 111. a general
assembly was called for the purpose of granting supplies,
and writs were directed to the Sheriffs of the different
towns in which the Jews resided, commanding them to
send to Westminster two or more Jews, according to
their number in the population. Either the Jews were
admitted to that assembly without au oath, or they took
the same oath as the other Members. Soon afterwards
the Jews were expelled the realm. At the Restcration
there were only 12 Jews in the kingdom. Their number
increased in the reign of Charles IL, and still more so
in the time of William 111., when lark exemptions were
granted them. In that reign the question of the alien-
age of the Jews was brought before Parliament by peti-
tion, but the House refused to receive it as it related to
a Bill not before them. In 1689, 100,000?. was levied on
the Jews, being a taxation of 10/. for each Jew. The re-
sult was, that in the first land tax Act the Jews were treated
not as aliens, but as natural subjects, and aliens were
taxed as before. With these Acts before them it was
impossible to agree with the views laid down by the
Hon and Learned Member for Abingdon. The Natu-
ralisation Act of George 11. related to fordo Jews re-
sident in the kingdom. Their object on the present oc-
casion was not to admit Mr. Rothschild as an alien, but
as an English Jew. The Noble Lord at the head cf the
Government said that this was not a question of civil
and religious liberty, but a judicial question. Why the
Noble Lord considered it a judicial question he did not
know, but this he knew, that the Noble Lord had pro-
posed the consideration of this judicial question by pre-
judging it, and without having heard a syllable which
bore on the third oath, an oath which he should en-
deavour to show was illegal, whether administered to
Christian or to Jew. The truth was that the question
was a question of civil and religious liberty. It was also
a judicial question, and if it was also a party question the
Noble Lord bad himself to blame for making it so. He
should certainly vote as he had spoken, in favour of the
amendment of his Hon. Fiiend.—(Hear, hear.)
Mr. P. WOOD cold not allow the question to go to a
division without making some observations. He re-
gretted that the Noble Lord at the head of the Govern-
meet sliord have thought it necessary to pronounce any
opinion at all on what some had called the second ques-
tion. At present the first question, and that only was
under their consideration. With respect to the amend-
ment of the Hon. Member for the University of Oxford,
he thought it ought to ha negatived. It was impos-
sible for any one to maintain what was asserted
in t. at amendment, and it was contrary to
every day's experience to say that no person took an
oath without dedariee he was a Christian. It was well
known to many that Moravians and Friends took an oath
without any such declaration.—(Hear, hear.) When he
formerly addressed the House he venturer to assert that
no lawyer would be found who would hesitate to say
that by common law every individual had a right to be
sworn in the manner which he declared to he the most
binding on his conscience. It had been said, however,
that such a proposition should not be too widely laid
down, and that exceptions must be made, first us re-
garded oaths of office and secondly as regarded some pe-
culiar limitations relating to the oaths of Members of
Parliament. He had not, however, heard a eta& au-

r th to prove that the juridical rah was not
Bro
ority ----------------- ...
cebie to the (Lett of office. lie was coufilent n° sl,
r,, .
authority could he feure% He apprehend; (I ell 1020
could say vie h refere, ce to oats' wes teia that at 1,
time, in 'his country, th, re was a general areuroP,'lr`at
i .at every pereen was Christian, and ence h tee rennet
, mode of adwinisterieg an oath came to he ofl 'be ;al r.
(-1.05p,•1, as the form tnost binding on the conettbe,r,
tint the moment any question arobe SS to Wh' beo
with respect to some individuals. that was the
evse
Nora s 0,
mode of binding the conscience,
steped and said . real point fur inquiry Sod
whetpherin a religiousthat sanctitheon had been oetatn d
, oe a
who ther the party had been bound in the presence ,.
TGod whom he believed to be the avenster of falsehooof
doctrine would be found laid down in tbe eforethe
that
00Inmamo i
lcahwi n v. Barker." It was the dactrine eel eea
acted upon by the Emperors, who (3_10,0
et everybody should be sworn according to his st,
superstition. The Church had not been lea; libetel..h
ot
Augustine, in his 134th book, stated that if the °tots
an idolator was not admitted, there would be no adecl„ieg
means of forming a covenant with him, or et. °L; by
him to keep his word; and that it was net forbi eta;
any law of God to employ the oath of a men wh°36b, go
it was to swear by false gods, if he kept faith wrote
doing... Such a principle was acted on in Spain? , Jo
the oath was administered to Moors and J. ef I'o
t
1755,a case came before the Parliament of Farisworsit
whether Jews should be allowed to swear in 0 11;,,b 00
mode from that prescribed by the French law, !PT i, bis
simply je le jure. A Jew came to be sworn sitt.'n bet
own fashion; ho kept on his bat—held a nihnleacliasot
left hand, touching it with his right, and the rry'eautt
decided that he d been properly sworn. The, 10 to
of Cessation had decidel that a Jew had a 4140
be sworn in his own manner. With reference 0.1.er to
had been done in this country, be mustThiner:l,lo3or
the case of " Ommichin a. Barker," '',"" weer
General of that day supported the new mode o' sAgeo,
ing,h and argued, though such a case had not before 700
t at. the common law worked itself pure by rulercoel
from the fountain of justice, which was in tilcsep, ill
superior to Acts of Parliament. The Chief PeruserPa''
giving judgment, said that reason, and not stlY . 1
lar case, ought to govern them in interpreting nirei
morejard especially when the law was doubtfol', to be
wicke ordered the words complained ('' 0 bol
struck out of the oath, and since that time POO
_... bee
hcdednTirsidicted for perjury who had sworn felseltroper
Testament only. The Hon and Learned Al to
• for Abingdon had contended that. that did °all/ltter/
oathsAc of office, It wasquite true that a dealaitet rt•
Act could not alter the lawq; but the
ferred to declared what had been the law lit - WY.
either arasso'n, to
and referred to a person taking an oath"
decleratorluPtweel
elan, a witness, a deponent, or on any aPriellogitted'
tshecreefoorree,mswpleopytmawenaty."—(Hear.) The law (34 5 dr,
troyed three-fourths otPethdeisatriueutmlntalotfcltehtheerile Gene.osdri:
Learned Gentleman. If the Hon. and Leeraetle oe, Os
man referred to the remaining fourth, and relieu op the
,hitetbie.
Act of Supremacy, ho would join issue withii
luresdtion whether the words in the sth ..•••°,,be ly-euie
it impossible for a Jew to take the oef.• id tope
wordse were that a Member of Parliament elicit' ol°
the oath on " The Holy,, .it Was 00 6 tbe
of Charles 11. that tbatGooastpbelrestedßT,liindeini:randi°llo:l4
to be made at the table mode of taking it was '
four o'clock, hlpeoolfntethdeoffute.ese
beetweeu 0,101
it about bee
and nothing was said in . marl e_.A
Holy Gospels." The Ist of William 00a rrecluP
. abrogated the statute of James. Thus the ow:. i pre
toscribed be
taken
before the High Steward was ts': 0-790'
let bled by the Act of Elizabeth. Now that fi ,0 1
y gone by the statute of William, and, ifflitteelilj
hade gone, be would a.,lc how it could he of seees
That. brought him to the consideration oi: 1-.4 any 611,
coed
in the case. Now ho protested 8;441-sse et 4"
The question being assumed to be in teat.; tine ,f °a
and Learned Member for Bute ma see t 11.1;
expression or two which be could not
answered or unnoticed. The Boa• geleber fyolt of
sugar telfsd set
at they who were acting in that House is a ill,
the claim made by Baron Rothschild were settriglides6
[ visedly, and taking an unfaa. alvantage of the gill
The Hon. and Learned afenaber had also seid s','6.3i) KO
, about pecial pleading. Now this was the I'forifice
, question, whether the party concerned was
.t:)etter the
citizens
ncimportirt trust confided to him? end ,‘",,*/ieeeio,-,s
his services
of London wore to be deprived of Ir e fa -
state_.orvfdry, technical e thsch,
ieeslaown a mere • geialee• .1,1 `bee
things, they who advised Baron don Isbef
recommended him toe takehim efevie.ret-bres:itbsihnhishale°loo%
which O. •ectli see
hts position. And he begged it might be dist:beat re,
derstood, and that there might be no niistal° •f Palle -1(1
subject, the Hon. Member for London wallodtbscbtp
termined to act upon that advice. Barfali deter--°3hi f 0
was advised that the first question to rht to, ;$.OO
twhaes, whether or not he had the slg-", eshic'reerl•
oaths administered to him in the Inslirmight ;tor
ftelt most binding on his conscience?
theta 133.",,,.)) refT ;
He
the question of a distribution of i"-„reesset;',ost
was sorry the Noble Lord should have es:‘, pots jrgi
strong an opinion upon that question. Itc,%-mitr,,sat
to
theriAtiottteo any
opinion expressed before the L'°-i aad ‘t to
done by Attorney-General, because nothing fano ere WI- g
' Committee.conversatiothnaatlb.y.
unprejudicedcf o
or em mt hiet
t
anything. The present question, he thoebnner, 10-, to
house in quite an independent m::", on s° . be
any
yey h;a;d been r t Its
bptreeipcpeeedd lit; go:ewe/100
esagli
Committee. 11 e thoughtopn opinion
no
odnesciadceild a no
PleDi 11
b 9_..eot°
09visbecl ;
pronounced or formed on any case until the.' 61115°
' bwandiehbehen heard and understood. There wresd i 1,14
he
was
me
ohsatdanhxeittereds
theadbeencirculiattehldnaeuer,evotobillPl
aasbkauftorthtahte Ronsan Catholic contradict. ela 9 ewe' t
it had crossed Baron Entlisc....l tird i-.410'.
at the table. oath on Pre 8..7-ttif°ll.cl; li 1
.Never was there a 111°' SA; to'
and false misrepresentation. Baron iii ',LI
was a man of too high a character and too en9peesse°l 0 1
nour to allow such a notion for a moment tA,ltiolisheostt'
mind. He could not ask for the Roman `" CAt"-, ti '
without at the same time professing tb° " hieb'lltr rill
faith. He did not believe there u mate .0e ,
honourable man in the House than athine ofire;;MbdeStrgil-11.1:19
the city of Londe and there need not be fro be of
apprehension of his taking any such course. ...ob tb?.,eil
fully
.determined to take every advantage viPble belitei 01
permitted to secure the position to which.. bitegel:ol.
hwiemilsealf entitled,
legal advantages he
But he would not Oran ofte of
the scatter. (M`
spoke of Jews
vantages without giving the House 41 Abi%,
(Mr. Wood) could ascertain, of sinlootiee t,
Hon.and Learned i_ee 0133 ettitg
The
anydon British-born Jewas w aliensas eobnasitdietrWed"a9 a :ill 14.
.Astel 1 rfriteai;
in the time of George 11. called u on theta to Ogle 00 t""/
could not possess any. The Jue-w- Bill which - d
since passed had reference to foreign Jews. the !he
for./
men .
that . it Ow
altsTeLeEe
necessary
s sae:: htheadti djenot s r este:,
ue,rra :Ist It eh'esi,
oathst
doon the Holy Evangelists. He dour; the ilreoo
c. oounta:hod
was to look to the practical part °I- /WI be
d from all the information which they e to 0,
theirjournals the three oaths to be taken fier ttle
combined. They were not entitled te sirg6r.) se tee
ny) [Ste ft OS.
and to put one oath and not another.--( 11" ra e° lie
clear when the Hon. Member refuse] to be svie. 10 n'
Gospel that he was not a Christian.--(llgbe ell;ehe
thoughtqmueerssthioetri itatonadpbrwieuisrisdhthothantetmhtiema
tpteaerrot,f
rotohfretithuelvoatilie_ct.:_r_id..ticsioviiogoi.-,o7l;:b.:Prealelf:
Suppose ho had taken the two first oaths alley jecieiore
would he not refuse the third, and then t (Lieerr
obliged to shut their doors against hiio.--s
and
hcries of " Divide, divide,")
OTa thileourese-a wet'
Ms' t
dthmeiasstivnidoefd.strangers it -"II:5.511411i°
that Sir R Inglie's motion had been Beget"-
a division;ajrndmthr.s.tlltehrse numberse,saalendaiceret--...
vgveDinpsAtlistierity ...... ....1
"'debate-----59
1)0 r
were` 03
' 54 re
sum,Mrherde. N:
e.GATE asked, would the .40,
?SPEAKER was understood to sny the °PP.
the day should then be proceeded with' howbeerprloietiol:::sl.
The impression in the gallery was'
the debate was to be resumed on sorne nth uo for
twelve o'clock this day. However. we bear .
announTee_m_ent of the fact in the 1101180. „tale ,Os
BilTlhweasorttldh6eear
AmoifEovtilheCde
up and added to the Bill; moved, Several
MARINE .vijog 001000
l i o
various tetleewt
biases revereneatne,,i
chviredrbal,9.roiti_einr 0 :to
were also made,
after which it was read a tP/ ffSs'
passed. av he
QUEEN'S
MESSA 11(111 '- 1.-
GE.—MARLBORO oicler
The House
went into Committee to, ca° /.te
Queen's Mess Mr. BERNAL in the cue.- repli de
The Gni age.
IRMAN proceeded to read the itir°' of
the
Houseeffect that it was exdient to settle iVrt!tt Veil g
the Prince of Vales during the, 5°,,1e0 stabil°
her on
should Majestybe and the Prince; and that mots et
mr. T provided for the same establishmentia oet got
RELAWNY complained that be bell 00080
satisfactory. afterthei ott; .
the duck information with respect
uchy of Cornwall, which was a to 0
.spet
to consider in entertaining the present cleesa,tit?,d; reSrao
Lord J. RUSSELL said certain retarnsi,"co- pt tvaill
to that duchy were obliged by Act of rio'l/Taetiet,,P;lo
made to that House, and they were alsva): rrillisd a'o'
given. But a motion which the Hon. Metre; tires elle;
in the beginning of the session to throw weiliisella- e
ahgaedmheenetnof those revenues into the hands
e'
negatived by a huge majoriVerrea tie
After a few words from ELA" e ' ley °I e
Air. H , Mr. TR
. UME said he thought Trine•e °f ties
"flec
the e, to h
at present too young, only nine years of eg
reed tie
such an establishment
settled b• Ile eg pees 0
on ins. dal t Alpe
they ought to have mere information tafor,go, heed
lativo to the revenues of the duchy of COOl-" ban "goe
the
also
ulate Queen had been voted that House, it„,.der. -mei
the
eerranged that they were to keep it "" 1040,000L001,"
nquence had been that no less than 15r50 v
beenfor repairs. He thought they eougriito/110.0i
pone paidtat matter until the next session ef 1 s'heatuwaea
LordRUSSELL said he had ne`e,re n. ,; the
objection J.
before made to the present propos,r,7,,,winp.o4
her Majesty had intimated her- intention CI tl' -11)001(
public
to see the 17 al Gallery .11 31°r 8b f
melon aa__ery 1 o(lsas e 0
House, t'thought fit t° poi ti°
, tae Government had
Majesty
to make a settlement of it on the
re.'
Wales. Pici'll of'
Mr. lIUME objected to the „i of the asile Ire
which should have been left rinealt°he IC;%!i°l::olvAbtia6o9,
which had cost the nation so much. lie, thou; give-tea
part occupied by the Royal Acad.--nay shoot,' atteloPpe
to the public.. George the Third had r ale°
loveijah
to settle anyof his
sons or make an ea'
vcar°'
them at such an early age as that of nin° eboo'
After a few words from Mr. SPOONER, • ~ tore er
tioe doe
Lord SEY" eiOUR entered into an extols" eati e as
that stables had not been added CO Marlborout, d to 0
in Oe,A Cff
beca
use Carlton-terrace was originallY :- lebtry-/ I
carried farther up. To
betwhaever purpose' OS6'
d
was devoted. stables would necessary• 000 hfeop
Mr. HUME objected to their haviog sent' there "
palaces with their concomitant expell'e'