House of Commons
Friday, April 30, 1813.
Roman Catholic Relief Bill
presented his Bill "to provide for the removal of the Civil and Military Disqualifications, under which his Majesty's Roman Catholic Subjects now labour." The title of the Bill being read, the right hon. gentleman moved, that the Bill be read a first time, and printed: which was agreed to.
said, that there was nothing in the Bill to which he did not cordially agree. At the same time, there were other provisions not in it which he was desirous to introduce, not indeed conflicting with it, but carrying its spirit and principle still farther. It was desirable that the House should be apprised, before the discussion took place, of the nature of the additional clauses he meant to bring forward; and as he believed it would not be quite irregular, though perhaps somewhat unusual, he wished, if it were the pleasure of the House, that these clauses should be printed, and circulated with the Bill.
earnestly wished, that a committee having been appointed, they should immediately go into an enquiry on the Catholic Question, and a Report be printed, that the public feelings might be no longer lacerated with the different opinions of high authorities, this right reverend prelate stating one thing, and that right reverend prelate quite the contrary. There was not a Bill, so much as for opening a street, or erecting a turnpike, but there was a report upon it, which was printed, and sent forth to the public at a great expence. He yielded in ardour to no man, not even to the right hon. gentleman (Mr. Grattan) on the subject of Catholic Emancipation, rightly understood, and rightly guarded; but he would say, that as to the simple repeal of the existing disabilities, simple would be the vote of that House in agreeing to it.
having moved a call of the House on the 11th of May, for the second reading of the Bill,
suggested whether it would not be better to have the House called over one day, and the Bill read a second time on the next, as the calling over the names of the members generally occupied two or three hours.
thought that his right hon. friend's motion might stand as he originally proposed it, without any inconvenience, since if the House were as full as he desired, he would very probably not insist on having the House called over.
said, that he hoped to lay before the Committee such documents as would compel the majority of the members to postpone the measure, at least for the present session.
wished the right hon. member could be prevailed upon so to frame his Bill as not to affect the navy during the continuance of the war.
was of opinion, that if there was any part of our establishments to which the Bill applied more immediately than to another, the navy was precisely that part.
stated, that those who had voted for committing the Bill had not therefore pledged themselves to support the principle. He had not, however, voted for the Committee, and he should certainly oppose the principle of the Bill.
said, that the House, by passing the Resolutions which were the foundation of the Bill, had sanctioned the principle. [Hear! hear!]
The original question was then put and carried, that the Bill be read a second time on the 11th of May.
Copy of the Roman Catholic Relief Bill, as Brought in by Mr. Grattan
The following is a copy of the Bill, as brought in by Mr. Grattan:
A BILL to provide for the Removal of the Civil and Military Disqualifications, under which his Majesty's Roman Catholic subjects now labour.
WHEREAS the Protestant succession to the crown is, by the Act for the further Limitation of the Crown, and the better securing the Liberties of the People, established permanently and inviolably:
And whereas the Protestant Episcopal Church of England and Ireland, and the doctrine, discipline and government thereof, and likewise the Protestant Church of Scotland, and the doctrine, discipline and government thereof, are established permanently and inviolably:
And whereas it would tend to promote the interest of the same, and strengthen our free constitution, of which they are an essential part, if the civil and military disqualifications, under which his Majesty's Roman Catholic subjects now labour, were removed:
And whereas, after due consideration of the Petitions of the said Roman Catholics, it appears highly advisable to communicate to them the blessings of our free form of government; and, with a view to put an end to all religious jealousies between his Majesty's subjects, and to bury in oblivion all animosities between Great Britain and Ireland, so that the inhabitants of the respective countries may be bound together, in all times to come, by the same privileges, and the same interest, in defence of their common liberties and government, against all the enemies of the British empire;
May it please your Majesty,
That it may be enacted; and be it enacted, by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That, from and after the it shall and may be lawful for persons professing the Roman Catholic religion, to sit and vote in either House of Parliament, being in all other respects duly qualified so to sit and vote, upon making, taking and subscribing, the following Declaration and Oath, instead of the Oaths of Allegiance, Abjuration and Supremacy, and instead of making and subscribing the Declaration against Transubstantiation, and the Declaration against the Invocation of Saints, now by law required;
'I, A. B. do hereby declare, That I do profess the Roman Catholic religion; and I do sincerely promise and swear that I will be faithful and bear true allegiance to his Majesty king George the 3rd, and him will defend, to the utmost of my power, against all conspiracies and attempts whatever, that shall be made against his person, crown or dignity; and I will do my utmost endeavour to disclose and make known to his Majesty, his heirs and successors, all treasons and traitorous conspiracies, which may be formed against him or them; and I do faithfully promise to maintain, support and defend, to the utmost of my power, the succession of the crown, which succession, by an Act intituled, 'An Act for the further Limitation of the Crown, and the better securing the Rights and Liberties of the Subject, is and stands limited to the princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being Protestants;' hereby utterly renouncing and abjuring any obedience or allegiance unto any other person, claiming or pretending a right to the crown of this realm: I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, prelate, state or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority or pre-eminence, directly or indirectly, within this realm; I do further declare, that it is not an article of my faith, and that I do renounce, reject and abjure the opinion, that princes excommunicated by the Pope or Council, or by the Pope and Council, or by any authority of the see of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or any person whatsoever: I do swear, that I will defend to the utmost of my power, the settlement and arrangement of property within this realm, as established by the laws: I do swear, that I do abjure, condemn and detest, as unchristian and impious, the principle, that it is lawful to destroy or any ways injure any person whatsoever, for or under the pretence of such person being an heretic; I do declare solemnly before God, that I believe that no act, in itself unjust or immoral, can ever be justified or excused by or under the pretence or colour, that it was done, either for the good of the church, or in obedience to any ecclesiastical power whatsoever: I also declare, that it is not an article of the Roman Catholic faith, neither am I thereby required to believe or profess, that the Pope, is infallible; or that I am bound to obey any order, in its own nature immoral, though the Pope or any ecclesiastical power should issue or direct such order; but, on the contrary, I hold that it would be sinful in me, to pay any respect or obedience thereto: I further declare, that I do not believe, that any sin whatsoever committed by me, can be forgiven, at the mere will of any pope or of any priest, or any person or persons whatsoever; but that sincere sorrow for past sins, a firm and sincere resolution to avoid future guilt, and to atone to God, are previous and indispensable requisites to establish a well-founded expectation of forgiveness; and that any person, who receives absolution without these previous requisites, so far from obtaining thereby any remission of his sins, incurs the additional guilt of violating a sacrament; I do reject and detest, as an unchristian and impious principle, that faith is not to be kept with heretics or infidels: I do hereby disclaim, disavow and solemnly abjure any intention to subvert the present Church establishment, for the purpose of substituting a Roman Catholic establishment in its stead: I do solemnly swear, that I will not use any privilege, power, or in fluence, which I do now or may here after possess, to overthrow or disturb the present Church establishments of the United Kingdom; and that I never will, by any conspiracy, contrivance, or de vice whatsoever, abet others in any at tempt to overthrow or disturb the same; and that I will make known to his Majesty, his heirs and successors, all at tempts, plots, or conspiracies, whether at home or abroad, which shall come to my knowledge, for effecting either of these purposes: I do solemnly, in the presence of God, profess, testify and declare, that I do swear this Oath and make this Declaration, and every part thereof, in the plain and ordinary sense of the words, without any evasion, equivocation or mental reservation whatever; and without any dispensation already granted by the Pope, or any authority of the see of Rome, or any person what ever; and without thinking that I am or can be acquitted before God or man, or absolved of this Declaration, or any part thereof, although the Pope, or any other person or authority whatsoever shall dispense with or annul the same, or declare that it was null and void from the beginning. So help me GOD.'
And be it further enacted, that it shall and may be lawful for persons professing the Roman Catholic religion, to vote at elections of members to serve in parliament, being in all other respects duly qualified so to do, upon making taking and subscribing, either in manner by this Act directed, or at the time and place of tendering their votes, before the returning officer or officers presiding at such elections (who is and are hereby authorized and required to receive and administer the same) instead of the Oaths of Allegiance, Abjuration and Supremacy, and instead of such other oath or oaths as are now by law required to be taken, for the purpose aforesaid, by any of his Majesty's subjects professing the Roman Catholic religion, the aforesaid Declaration and Oath; and also, upon taking such other oath or oaths as may now be lawfully tendered, to any person or persons offering to vote at such elections.
And be it further enacted, that it shall be lawful for persons professing the Roman Catholic religion, to hold exercise and enjoy all civil and military offices or places of trust or profit, under his Majesty, his heirs or successors; except as hereinafter excepted; upon making taking and subscribing the aforesaid Declaration and Oath, Instead of the Oaths and Declaration against Transubstantiation, and the Declaration against the Invocation of Saints, now by law required; and upon taking also such oath or oaths as are now by law required to be taken, by any person or persons, on his or their admission into any such office or place of trust or profit respectively; and without taking the Sacrament of our Lord's Supper, according to the usage of the church of England: Provided always, that nothing herein contained shall extend or be construed to extend, to enable any person, being a Roman Catholic, to hold and enjoy the office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal of Great Britain, or of Lord Lieutenant, or Lord Deputy, or other chief governor or governors of Ireland.
And be it further enacted, that it shall and may be lawful for any person, professing the Roman Catholic religion, to be a member of any lay body corporate, and to hold any civil office or place of trust or profit therein, upon making taking and subscribing the Declaration and Oath aforesaid, instead of the Oaths of Allegiance, Abjuration or Supremacy, and instead of the Declaration against Transubstantiation and the Declaration against the Invocation of Saints, now by law required; and upon taking also, such other oath or oaths as may now by law be required to be taken, by any person or persons becoming a member or members of such lay body corporate, or being admitted to hold any office or place of trust or profit within the same; and without taking the Sacrament of our Lord's Supper, according to the usage of the church of England: Provided always, that nothing in this Act contained shall extend or be construed to extend, to dispense with, repeal or alter any of the laws now in force, for establishing the uniformity of public prayers or administration of sacraments, in the united episcopal church of England and Ireland, or to enable any person or persons, otherwise than as they are now by law enabled, to hold enjoy or exercise any office, benefice, place or dignity, of in or belonging to the said united church of England and Ireland, or the church of Scotland; or any place or office whatever, of or belonging to any of the ecclesiastical courts of judicature of this realm; or of any court of appeal from, or review of the sentences of such court or courts; or of or belonging to any cathedral, or to any collegiate or ecclesiastical establishment or foundation within the same; or any office or place of or belonging to any of the universities of this realm; or any office or place of provost, master, head or fellow, tutor, scholar, student or exhibitioner, or by whatever other name the same may be called, of or in any of the said universities, upon the establishment or foundation of the same; or of or belonging to the colleges of Eton, Westminster, or Winchester; or any college or school of royal or ecclesiastical foundation within this realm: Provided also, that nothing herein contained shall extend or be construed to extend, to enable any person, professing the Roman Catholic religion, to exercise any right of presentation to any ecclesiastical benefice whatsoever; and that in every case, in which a right of presentation is or shall be Vested in a person professing the Roman Catholic religion, the same shall be and continue to be exercised in the same manner, and in no other, than is now by law required; save and except where such right of presentation shall belong to any office in the gift or appointment of his Majesty, his heirs and successors; in which case, if such office shall be held by a person professing the Roman Catholic religion, it shall and may be lawful for his Majesty, his heirs and successors to appoint, by commission under the great seal, such-member or members of the privy council, being a Protestant or Protestants, as he or they shall think fit, to be a commissioner or commissioners, for exercising Such right of presentation, whilst such office shall be held by a person professing the Roman Catholic religion.
Provided also, and be it further enacted, that it shall not be lawful for any person, professing the Roman Catholic religion, directly or indirectly, to advise the crown in the appointment or disposal of any office or preferment, lay Or ecclesiastical, in the united Protestant episcopal church of England and Ireland, or of the church of Scotland; and that, if any such person shall presume to advise his Majesty; his heirs or successors, touching or concerning any such appointment or disposal, he shall, being thereof convicted by due course of law, be deemed guilty of and disabled from holding any office, civil or military, under the crown.
And be it further enacted, that every person, now exercising, or who shall hereafter exercise any of the spiritual duties or functions, usually exercised by persons in holy orders, professing the Roman Catholic religion, shall within calendar-months from the passing of this Act, or Within after entering into holy orders, and before he shall exercise any of the spiritual duties or functions aforesaid, take make and subscribe the Oath and Declaration in this Art contained, and also the Oath following:
'I A. B. do swear, that I will never concur in, or consent to the appointment or consecration of any Roman Catholic bishop, or vicar apostolic, in the United Kingdom, but such as I shall conscientiously deem to be of unimpeachable loyalty and peaceable conduct: and I do swear, that I have not, and will not have any correspondence or Communication with the Pope or See of Rome, or with any court or tribunal established or to be established by the Pope or See 6f Rome, or by the authority of the same, or with any person or persons authorized or pretending to be authorized by the Pope or See of Rome, tending directly or indirectly to overthrow or disturb the Protestant government, or the Protestant church of Great Britain and Ireland, or the church of Scotland, as by law establised; and that I will not correspond or Communicate with the Pope or See of Rome, or with any tribunal established or to be established by the Pope or See of Rome, or by the authority of the same, or with any person or persons authorized or pretending to be authorized by the Pope or See of Rome, on any matter or thing not purely ecclesiastical.'
And be it enacted, that every person who shall presume to exercise such duties or functions, without taking and making such Oaths and Declarations, in manner herein prescribed and directed, being thereof convicted by due course of law, shall be deemed guilty of And be it further enacted, that the said Oath and Declaration by this Act appointed to be taken and made, instead of any other oath or oaths, declaration or declarations, now by law required to be made or taken by persons professing the Roman Catholic religion, shall and may be made and taken in any of his Majesty's courts of Chancery, Kings-bench, Common Pleas or Exchequer, at Westminster or Dublin, or in any courts of general quarter sessions in Great Britain or Ireland; and shall be subscribed by the person taking and making the same, with his name at length, if such person can write, or with his mark, the name being written by the officer, where such person cannot write; such person or such officer, as the case may be, adding the title, addition and place of abode of such person; and shall remain of record in such court; and the proper officer of such court respectively, With whom the custody of such record shall remain, shall make subscribe and deliver a certificate of such oath and declaration having been duly made taken and subscribed, to the person, who shall have so made taken and subscribed the same, if the same shall be demanded, immediately; for which certificate, there shall be paid no greater fee or reward than and such certificate, upon proof of the certifier's hand, and that he acted as such officer as aforesaid, shall be sufficient evidence of such persons having duly made taken and subscribed such Declaration and Oaths.
And be it further enacted, that from and after the no person born out of the United Kingdom of Great Britain and Ireland, or the dominions thereunto belonging, except such as are born of British or Irish parents, shall be capable of exercising any episcopal duties or functions, within the United Kingdom, or any part thereof; and if any such person shall presume to exercise such duties or functions, within the United Kingdom, or any part thereof, he, being thereof convicted by due course of law, shall be deemed guilty of and shall be liable to be sent out of the kingdom; and for that purpose it shall be lawful for any one of his Majesty's principal secretaries of state, or the lord lieutenant, or chief governor, or chief governors of Ireland, or his or their chief secretary, by warrant under his hand and seal, directed to such person or persons as he shall think fit, to order such person, so having been convicted as aforesaid, to be conducted and conveyed out of the kingdom.
And be it further enacted, that from and after the no person in holy orders, professing the Roman Catholic religion, shall be capable of exercising any episcopal duty or function, within the United Kingdom, unless he shall have been resident within the same for years next preceding his first exercising such episcopal duty or function; and that, if any person shall presume to exercise the same, not having been so resident, he being thereof convicted by due course of law, shall be deemed guilty of and shall be liable to be sent out of the kingdom in manner aforesaid: Provided always, that nothing herein contained shall extend or be construed to extend to such persons as aforesaid, who shall, before the have been in the exercise of such episcopal duty or function.