House Of Commons
Wednesday, March 23, 1825
Roman Catholic Relief Bill
brought in a bill, "for the Removal of the Disqualifications under which his majesty's Roman Catholic subjects now labour," and moved that it be read a first time.
said, that before the bill was read a first time, he was anxious to know whether it was drawn up in conformity with the petition presented by the hon. baronet on the first of March?
replied, that the object of the petition which he had formerly presented was, to obtain the removal of certain disqualifications which affected the Roman Catholics, in consequence of certain oaths which they were called on to take, antecedently to their admission into certain offices. His bill was intended to meet, as far as was possible, the prayer of that petition.
said, he not only intended to object to the details of the measure, but to the principle upon which it was founded. Though the right hon. Secretary, to whom the country owed such a debt of gratitude for the strenuous and uniform resistance which he had offered to the claims of the Roman Catholics, had announced his determination not to offer any resistance to this bill until its second reading, he could not allow one single stage of it to pass by, without expressing his intention of giving it his decided opposition. Of the bill itself, he knew nothing at present; but he conceived it to be founded upon a series of resolutions, which the hon. baronet had carried after a speech of singular temper and moderation, which had conferred no less credit upon the hon. baronet, than it had advantage upon the cause he had advocated. He did not wish to give any unnecessary trouble to the House; but as there were several reports abroad respecting this bill, to which it was impossible that he could shut his ears, he begged leave to say a few words regarding them. He had heard, that this bill was framed, not merely on the resolutions which had been formally sanctioned by the House on a former night, but on several other principles, which had never been regularly submitted to its consideration. One of those principles, he understood, was the principle which had been promulgated by the hon. Secretary for the Admiralty. That principle, though it might not be new to those who had read the various treatises and pamphlets which had issued from the press on the subject of the Roman Catholic claims, was still new to the House of Commons. It had never till now been stated in the House, that a pecuniary establishment ought to be formed for the support of the clergy of the Roman Catholic church. [Sir F. Burdett here intimated this bill did not contemplate any such establishment.] He was glad to hear it. There was, however, he understood, an-other principle mixed up with it, which related to the elective franchise of Ireland. [Sir F. Burdett intimated, that the hon. baronet was mistaken.] Well, then, he was to understand, that this bill was not intended either to create an establishment for the Roman Catholic clergy, or to alter the elective franchise in Ireland. He was glad of it; but still his objections to it were not at all removed. At any rate, the bill went to alter the Test act, and so far to change the ancient constitution of the country. If this bill repealed the oaths of supremacy and abjuration, so as to render them palatable to the Roman Catholics, it must be pretty nearly the same bill which had before undergone the consideration of parliament. If that were the case, novelty could not be urged as an objection against it; but the same objections which had formerly been urged, might be repeated, with all the confirmation which they had received from recent transactions. He allowed that, on the last debate, he had heard arguments advanced by the advocates of concession, which were not only very fascinating in themselves, but much stronger than any which he had ever heard advanced upon any former occasion. Still, he must say, that he had not yet heard sufficient to satisfy him, that more could be granted to the Roman Catholics, without danger to the constitution of these realms as by law established. He had not heard several very essential points of the popish creed properly explained; and till that was done, he could never consent to give those who held it, any thing like unqualified emancipation. They were told, however, that they had nothing to do with the religious tenets of the popish creed, and ought only to look at the political bearings of this important question. This he denied, even at the risk of being denominated a fanatic, or a bigot. "I know," said the hon. baronet, "that a great endeavour has been recently made to throw new lights upon this subject. I regret, however, that they have not been brought into such a focus, that any member of this House might seize them in his grasp and make himself master of them." He did not know whether it was orderly for him to refer to what had passed in the committee then sitting above stairs; but he had been informed by hon. members who had paid great attention to what had taken place there, that, several witnesses had made depositions of a very extraordinary nature. Four bishops, as they were called, of the Catholic church,—men of great learning, great piety, and unblemished character,—had given evidence before that committee, which not only upset all the notions which were usually entertained regarding Catholicism, but which even went to trip up every thing which members of their own body had previously written upon the subject. There was a certain Dr. Doyle, who had formerly published certain papers or pamphlets under the signature of J. K. L. He had himself read those pamphlets, and had always considered them to contain the authentic writings of that reverend doctor. He had likewise been accustomed to think the reverend doctor a person of such weight and influence in the Catholic church, that it was almost sacrilege to doubt his word. If the reverend doctor asserted, that he was not the author of those pamphlets, it would be the better for his consistency; but, until he made such assertion, he must be permitted to state, that there was a marvellous difference between the doctrines which he had committed to paper, and those which he had recently detailed to the committee. But perhaps it might be, that the Roman Catholic church had recently adopted new doctrines; and if so, much of his former, objections might possibly be removed. He did not, however, expect to have that, point admitted; and, until it was admitted, he must continue to press his former objections. He owed an apology to the House for anticipating the effect of evidence which would hereafter come before it: he could not refrain, however, from noticing it incidentally, when he was told, that this question was not at all religious, but entirely political. He should certainly have to present several petitions on the religious part of the question, which, to say the truth, was the essence of it, notwithstanding the apathy which at this moment prevailed throughout the country. He regretted the existence of that apathy; because he was convinced that it was not in unison with the real feelings and general sentiments of the people.
said, he did not rise with any intention of provoking any discussion, upon this stage of the bill. He rose to say a few words, which he almost deemed unnecessary; to prevent its being supposed that, because he did not oppose the first reading of this bill, his zeal in the cause had became abated. As the House-by its decision on a former night, had sanctioned the principle on which this bill was founded, and, in point of fact, had ordered it to be brought in, he conceived it to be only fair, that the House should be allowed to see it; and he would therefore -postpone his opposition to it until it came to the second reading. But, though he did not intend to take the sense of the House at present, he wished it to be distinctly understood, that his opinions on this question were entirely unchanged—that his objections to the principle of this bill were as strong as ever—that he was not inclined to enter into any compromise with the Catholic body—that he should give to this bill the same determined opposition which he had given to every bill with the same object which had preceded it—and that he should most certainly take the sense of the House on the second reading. He abstained, however, from entering into any discussion on the measure at present; because, from the state of the House, it could only be partial, and must be attended with little benefit. He hoped, however, that even those gentlemen who differed from him as to the principle of this measure would, if they succeeded in carrying it through its next stage, pay great attention to the details of it, when it reached the committee. The details of such a bill must at all times be a matter of great importance; and now that it was notified to the country, and promulgated to the world, that the person who prepared the draught of it was Mr. O'Connell, the leader of that Association which the House had deemed it prudent to suppress, he could not see any reason why their attention should be diverted from them.
said, that, after the candid and manly declaration of the right hon. Secretary, nobody could venture to accuse him of inconsistency in opposing the second reading of this bill, after he had acquiesced in the first reading of it. It was not, however, to make that observation that he now trespassed on the attention of the House; but to say a few words, by way of comment, on an assertion that had fallen from the right hon. Secretary. The right hon. Secretary had asserted, that it had been publicly notified to the world, that Mr. O'Connell was the person who had prepared the draught of the bill which the hon. baronet near him had just introduced. Now, as one of the committee which had been appointed to draw up this bill, he begged leave to say, that be knew of no such proceeding. Ever since the Catholic deputation had been in England, he had so guarded himself that he had not had one minute's political conversation with Mr. O'Connell: on the contrary, he had carefully avoided it. He had before stated, and he would now repeat it, that his object was, to do what was right on this question, without any regard to the Catholics, as a separate body; that was, to do what was right to the empire generally, and not what was right to any portion of it in particular. He had, therefore, assisted in drawing up this bill, as well and as ably as he could; and, as one of the committee which prepared it, he would say, that he did not know, and did not believe, that Mr. O'Connell had drawn it up. That Mr. O'Connell would not willingly say any thing that was untrue, he most sincerely believed; but, that he laboured under some error or other was manifest. He thought he saw the way in which Mr. O'Connell's error had originated. Some gentlemen of the committee might have consulted Mr. O'Connell on the subject of this bill, and he, in return, might have communicated to them his sentiments in writing. Those sentiments Mr. O'Connell might have considered as the foundation of the bill; and so it might have got abroad that he had drawn it up. If, however, by the statement that Mr. O'Connell had drawn up the bill, it were meant to be insinuated, that the committee had delegated to Mr. O'Connell the duty which the House had delegated to them, he must be permitted to give a most peremptory denial to such an insinuation, and to say that no others but the committee had been engaged in preparing it for the consideration of parliament.
said, he had not imputed any blame to the members of the committee. For the statement he had just made, he had no other authority than a letter from Mr. O'Connell, which he had read in the newspapers. The authenticity of that letter had never, he believed, been disputed. There was a distinct assertion in it, that the preparation of the draught of the bill had been committed to Mr. O'Connell; and it was upon that assertion, that he had made the remarks which he had just offered to the consideration of the House.
begged to put a question to the right hon. member for Knaresborough. Did this bill provide for the support of the Catholic clergy, or make any alteration in the elective franchise of Ireland? He should certainly vote against the bill, unless it contained some provision on both these points.
replied, that it was impossible for the committee, after the instructions it had received from the House, to introduce in one bill three such distinct measures as Catholic emancipation, a provision for the Catholic priesthood, and an alteration of the elective franchise in Ireland. It was competent, however, to any member of parliament, to bring in a bill to effect either of the two measures to which the noble lord had referred. It had been the object of the framers of the bill to make it as palatable to all parties as they possibly could; but, on the subjects to which the noble lord alluded, they had not received any instructions. It was, therefore, no dereliction of duty on their parts, not to meddle with those subjects; on the contrary, it would have been a dereliction of it, had they ventured to undertake them.
The bill was then read a first time.
said, that with every desire to meet, as far as he could, the convenience of all parties, he felt, after long consideration, that he was compelled to adhere to the notice which he had originally given, and to bring on the second reading on the 14th of April.
lamented sincerely, that the hon. baronet could not postpone the second reading for a few days, on account of the inconvenience which it would occasion, not only to those members of the House who were magistrates, but to the magistracy of the country at large. He lamented it also upon another ground. If this bill—to which he intended to give his strenuous opposition—should be passed into a law, he should wish to see it digested with the utmost care and attention; so that it should be at least stripped of all that was objectionable as to time, arrangement, and so forth. Now, if this bill were to be hurried through the House at a time when half the members were absent in the discharge of other duties, it could not undergo that minute examination to which it would be subjected, if the House were full. An extraordinary time had been selected for the second reading of this bill. There was but one week in the whole session in which, by law, a large portion of members ought to be in their different counties, discharging their duties as county magistrates; and yet this was the very week selected for the discussion of this important question. If the hon. baronet would only postpone his motion for four days, the gentlemen on his side of the House would have no objection to offer. The slightest extension would render the hon. baronet's motion, in respect of time, much more palatable.
said, that if he were merely to consider his own convenience, and that of the magistrates with whom he usuallyacted, he should take the same view as the hon. member who had just spoken. His hon. friend, the member for Westminster, had been at considerable pains in collecting the opinions of all parties, as to the proper time of bringing on this discussion; and, after consulting the convenience of all of them, he had felt himself under the necessity of adhering to his original resolution. One of the objections which had been raised by the last speaker might easily be obviated. It was not necessary that quarter-sessions should be held on the day oh which they were opened. They must commence on a certain day; but, after being opened, they might be, and often were, adjourned to other days, to suit the convenience of the magistracy.
considered it unwise either to exclude these gentlemen from the discussion on so momentous a question, or to deprive their respective counties of their attendance at the quarter-sessions. He should move, therefore, as an amendment, that the second reading of the bill be fixed for the 20th of April.
entreated the hon. baronet not to turn a deaf ear to the appeal which had been so strongly made to him. Upon a question of this nature it was important to preserve unanimity. He therefore trusted that his hon. friend Would not bring forward a measure of this great consequence so near the holydays, that gentlemen who had country duties to attend to might not be put to inconvenience. Besides, it was unusual to have a call of the House upon the first day after the adjournment. A delay of three or four days in the proceedings of the Lords, at this period of the session, was not very important. For all these reasons, he hoped his hon. friend would fix the discussion, for the 20th or 21st.
trusted, that the hon. baronet, whose whole private life evinced such a disposition to candour and honourable dealing, would feel the necessity of postponing the discussion to such a period as would allow of the fullest attendance.
trusted the House would give him credit for a desire to meet the wishes of all parties. As, however, such a feeling for further postponement was manifested, he should comply with it, and fix the second reading, for Tuesday the 19th of April.
On the motion of Sir John Newport, the call of the House was fixed for Monday, the 18th of April.
Copy Of The Roman Catholic Relief Bill
The following is a copy of the said bill, as brought in by Sir Francis Burdett:
A BILL to provide for the Removal of the Disqualifications under which his Majesty's Roman Catholic Subjects now labour.
WHEREAS the Protestant Succession to the Imperial Crown of this united kingdom and its dependencies, is, by the act for the further limitation of the Crown and the better securing the liberties of the subject, established permanently and inviolably:
And whereas the Protestant espiscopal Church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof, are, by the respective acts of Union between England and Scotland, and between Great Britain and Ireland, therein severally established permanently and inviolably:
And whereas after due consideration of the situation, dispositions, and conduct of his Majesty's Roman Catholic subjects, it appears just and fitting to communicate to them the enjoyment of the benefits and advantages of the constitution and government happily established in this united kingdom, so that all his Majesty's faithful and dutiful subjects may grow into one nation; whereby there may be an utter oblivion and extinguishment of all former dissentions and discords between them, thus consolidating the Union between Great Britain and Ireland, and uniting and knitting together the hearts of all his Majesty's subjects in one and the same interest, for the support of his Majesty's person, family, crown, and government, and for the defence of their common rights and liberties:
And whereas by certain acts passed in the parliaments of Great Britain and Ireland respectively, certain declaration's, commonly called the declaration against Transubstantiation, and against Transubstantiation and the Invocation of Saints, and the sacrifice of the mass, as practised in the church of Rome, are required to be made and subscribed as qualifications for the enjoyment of certain offices and franchises: And whereas the said declarations are in the words following; that is to say:
"I, A. B. do declare, That I do believe, "that there is not any transubstantiation "in the sacrament of the Lord's Supper "or in the elements of bread and wine, "at or after the consecration thereof, by "any person whatever."
"I, A. B. do solemnly and sincerely, in the "presence of God, profess, testify and declare, That I do believe, that in the sacrament of the Lord's Supper there is "not any transubstantiation of the elements of bread and wine into the body "and blood of Christ, at or after the consecration thereof, by any person whatsoever. And that the invocation or "adoration of the virgin Mary, or any "other Saint, and the sacrifice of the "mass, as they are now used in the church "of Rome, are superstitious and idolatrous. And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and "every part thereof, in the plain and ordinary sense of the words read unto me, "as they are commonly understood by "English Protestants, without any evasion, equivocation, or mental reservation "whatsoever, and without any dispensation already granted me for this purpose by the pope or any other authority "or person whatsoever, or 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 persons, or "power whatsoever, should dispense with "or annul the same, or declare that it was "null or void from the beginning:"
And whereas the said declarations relate only to matters of spiritual and religious belief, which do not in any manner affect the allegiance of his Majesty's subjects:
May it therefore please your Majesty, That it maybe 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 all such parts of the said acts as require the said declarations, or either of them, to be made or subscribed as a qualification for the exercise or enjoyment of any office, franchise, or civil right, by any of his Majesty's subjects, be, and the same are, hereby absolutely repealed; save as hereinafter provided.
And whereas by divers acts passed in the said parliaments of Great Britain and Ireland respectively, the oaths of allegiance, supremacy, and abjuration, therein provided, are required to be taken, for certain purposes therein mentioned: And whereas his Majesty's Roman Catholic subjects in Great Britain and Ireland have been at all times ready and desirous to take the said oaths of allegiance and abjuration, in common with his Majesty's other subjects, but entertain scruples with respect to taking the oath of supremacy, inasmuch as they apprehend that the same might be construed to import a disclaimer of the spiritual authority of the Pope, or church of Rome, in matters of religious belief; be it therefore further enacted, that from and after the it shall and may be lawful for all or any of his Majesty's Roman Catholic subjects, in all cases where the said oath of supremacy is now by law required to be taken as a qualification for the taking, holding, or enjoying any civil right, office, or franchise, in lieu and place thereof, to take, make and subscribe the oath following (that is to say):
"I, A. B. do sincerely promise and swear, "That I will be faithful and bear true allegiance to his present Majesty, and "will defend him 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 traiterous conspiracies, which maybe "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 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 these realms: "And I do swear, that I do reject and "detest, as unchristian and impious, the "position, that it is lawful to murder or "destroy any person or persons whatsoever, for or under pretence of their being "Hereticks or Infidels; and also, that "unchristian and impious principle, that "faith is not to be kept with Hereticks or "Infidels: And 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 and council, or any other "authority of the see of Rome, or by any "other authorities whatsoever, may be deposed or murdered by their subjects or "by any person whatsoever; and I do "promise, that I will not hold, maintain "or abet any such opinion or any other "opinion, contrary to what is expressed "in this declaration: And 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: "And 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: And "I do solemnly swear, that I will never "exercise any privilege to which I am "or may become entitled, to disturb the "Protestant religion or Protestant government in this kingdom: And I do solemnly, in the presence of God, profess, testify and declare, that I do make this "declaration and every part thereof, in "the plain and ordinary sense of the "words of this Oath, 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 whatever, 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, and declare that it was null or void.
"So help me GOD."
And that the person so taking, making, and subscribing the same, shall be capable of taking holding, and enjoying such right, office and franchise, as fully and effectually to all intents and purposes, as if such person had made, taken, and subscribed the said oath of supremacy; save as hereinafter provided.
Provided always, and be it further enacted, 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 respecting the succession of the imperial Crown of these realms in the Protestant line, or respecting the marriages of the descendants of his late majesty king George the second, or for establishing the uniformity of public prayers or administration of sacraments in the united episcopal Church of England and Ireland.
Provided also, and be it further enacted, that nothing in this act contained shall be construed to enable any person or persons, otherwise than as they are now by law, enabled to hold, enjoy, or to exercise any office, beneficial place or dignity, of, in or belonging to the said united church of England and Ireland, or to 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 any court of appeal from or review of the sentences of such court or courts, or of or belonging to any cathedral or collegiate or ecclesiastical establishment or foundation within the same; or any office or place whatever of or belonging to any of the universities of this realm, or any office or place whatever, and by whatever name the same may be called, of, in or belonging to any of the colleges or halls of the said universities, or of the colleges of Eton, Westminster, or Winchester, or any college or school of ecclesiastical foundation within this realm; or to repeal abrogate or in any manner to interfere with any local statute, ordinance, or rule, which is or shall be established by competent authority within any such university, college, hall or school, and by which Roman Catholics shall be prevented from being admitted thereto, or from residing or taking degrees therein: 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, 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 Ireland, or of lord lieutenant or lord deputy, or other the chief governor or chief governors of Ireland.
And be it further enacted, that it shall and may be lawful for any of his majesty's Roman Catholic subjects personally to appear in any of his majesty's courts of Exchequer, King's-bench, Common Pleas or Exchequer, at Westminster or Dublin, or before any judge of assize, or in any court of general quarter-sessions in Great Britain or Ireland, or in any of his majesty's courts of session, justiciary, or exchequer, or in any sberiff or Stewart court, or before the magistrates and councillors of the royal burghs, or before the council of their respective burghs in Scotland, and there, in open court, between the hours of nine in the morning and two in the afternoon, to take, make, and subscribe the said oath hereinbefore described to be taken; and that the proper officer of such court with whom the custody of such record shall remain, shall make, subscribe, and deliver a certificate of such oath having been duly made, taken, and subscribed, to the person who shall have so made, taken, and subscribed the same, as often as the same shall be demanded: and such certificate shall be sufficient evidence of such person having duly taken, made, and subscribed such oath as aforesaid; and that from and after the. no oath or oaths shall be tendered to or required to be taken by his majesty's Roman Catholic subjects, who shall take, make, and subscribe the said oath last hereinbefore described, and obtain such certificate thereof as hereinbefore prescribed for enabling them to hold or enjoy any real or personal property, other than such as may by law be tendered to and required to be taken by his majesty's other subjects; and that the said oath herein before prescribed, being duly made, taken, and subscribed, and such certificate thereof obtained as aforesaid, shall be in the place of, and as valid and beneficial to all intents and purposes, for the persons so making, taking, and subscribing the same, as if such person had duly made, taken, and subscribed the several oaths now by law required to be taken by his majesty's Roman Catholic subjects, as qualifications for the enjoyment of any civil right, office, or franchise, or of any real or personal property: Provided always, That nothing herein contained shall be held to dispense with the taking of the said oath hereby appointed to be taken in the place of the said oath of supremacy, in all cases where the said oath of supremacy is now by law required to be taken.
And whereas it is expedient that such precautions should be taken, in respect of persons in holy orders professing the Roman Catholic religion, who may at any time hereafter be elected nominated or appointed to the exercise or discharge of episcopal duties or functions in the Roman Catholic church in Ireland, or to the duties or functions of a dean in the said church, as that no such person shall at any time hereafter assume the exercise or discharge of any such duties or functions within the United Kingdom, or any part thereof, whose loyalty and peaceable conduct shall not have been previously ascertained, as hereinafter provided; be it therefore enacted, That it shall and may be lawful for his majesty, his heirs and successors, by a commission to be issued under the great seal of Ireland, to nominate and appoint such persons in holy orders professing the Roman Catholic religion, and exercising episcopal duties or functions in Ireland, as his majesty, his heirs and successors, or the lord lieutenant or lord deputy, or other chief governor or governors of Ireland, shall from time to time think fit to be commissioners under this act, for the purposes hereinafter mentioned.
And be it further enacted, That any number not less than of the said com-missioners, shall form a board for executing the several powers and duties by this act vested in the said commissioners.
And be it further enacted, That it shall and may be lawful for his majesty, his heirs and successors, from time to time, at his and their will and pleasure, to revoke and determin'e the commission aforesaid, or any commission issued under the provisions of this act, and to cause a new commission to issue instead thereof.
Provided always, and be it further enacted, That such new commission shall issue within after the revocation and determination of the commission so revoked and determined as aforesaid; and provided always, that every such new commission shall consist in like manner of Roman Catholic ecclesiastics exercising episcopal duties or functions in Ireland as aforesaid; and that every commissioner to be appointed under this act shall, before he acts as such, take and subscribe the following oath:
"I, A. B. do promise and swear, That I "will, without favour or affection, prejudice or malice to any person whatsoever, "faithfully and impartially, and to the "best of my judgment and "discretion, execute and perform the duties of a commissioner vested in me by virtue of an "act of the fifth year of the reign of his "present majesty, intituled, 'An act,' "[here insert the title of the Act], and "will honestly and truly advise his majesty in all matters which shall come before me as a commissioner under the "said act; and that I will not directly or "indirectly publish, disclose, or make" known, except to his majesty, or by his "majesty's command, any matter or thing "whatsoever which shall come to my "knowledge by reason or in consequence "of my being a commissioner under the "said act.
"So help me GOD."
And be it further enacted, That it shall be lawful for the said commissioners so to be appointed as aforesaid, or any of them, from time to time to certify to his majesty, or the lord lieutenant, lord deputy, or other chief governor or governors of Ireland, the appointment of any bishop or dean to be hereafter appointed in the said Roman Catholic church in Ireland; and which certificate shall be in the words following (that is to say):
"We do hereby certify, That A. B. having "been previously chosen and recommended by certain ecclesiastics of the "Roman Catholic church of Ireland, to be "a bishop or dean [as the case may be], "of the said church, has accordingly been "appointed a "bishop or dean [as the "case may be], of the said church: And "we do believe the said A. B. to be a "loyal subject of his majesty."
And they shall transmit a duplicate of such certificate to the bishop or dean named therein.
And be it further enacted, That every person who shall, after the commencement of this act, commence exercising the functions of a bishop or dean of the said Roman Catholic church in Ireland, shall, instead of the oaths now by law required to be taken by his majesty's Roman Catholic subjects in Ireland, take, make, and subscribe the oath hereinbefore appointed to be taken by his majesty's said Roman Catholic subjects, instead of the said oath of supremacy; and shall, at the time of taking the same, deliver to the proper officer of the court before which he shall take the same, the said duplicate certificate so to be transmitted to such bishop or dean as aforesaid, and such officer shall indorse thereupon a certificate of the said oath having been so taken, and shall return the same to such bishop or dean; and the said certificate, so indorsed as aforesaid, shall be evidence of such bishop or dean having taken the said oath: Provided, That no bishop or dean to be hereafter appointed in the said Roman Catholic church, in Ireland, shall act as such, until such duplicate certificate shall be delivered or transmitted to him as aforesaid.
And whereas it is fit to regulate the inter course and correspondence between his majesty's subjects of Ireland and the see of Rome; be it therefore further enacted, that from and after so often as any subject or subjects of his majesty in Ireland, shall receive any bull, dispensation, or other instrument, from the see of Rome, or from any foreign body or individual whatsoever, or from any person or body whatsoever in foreign parts, acting under the authority of the said see, or under that of any other spiritual superior, the person or persons so receiving the same shall within after receiving the same, deliver the same, or cause it to be delivered in the original, to the president of the said board of commissioners, who shall lay the same before the said board of commissioners, who shall forthwith inspect the same; and if the said board of commissioners shall not find any thing in the said instrument so submitted to their inspection, which shall appear to them to be in any way injurious to the safety or tranquillity of the United Kingdom, or to the Protestant establishment in church or state, they shall forthwith report the receipt thereof to the lord lieutenant, lord deputy, or other chief governor or governors in Ireland, and thereupon the said instrument shall be returned to the person by whom the same shall have been so submitted for inspection as aforesaid, with an indorsement signed by the president, signifying that the same had been duly inspected, and reported upon to the lord lieutenant, lord deputy or other chief governor or governors of Ireland, according to the provisions of this act.
Provided always, and be it further enacted, That when any person shall receive from the see of Rome, or from any authority under the same, an instrument which relates wholly and exclusively to the spiritual concerns of an individual or individuals, he shall so certify, within after he has received the same, and shall verify such certificate by the following oath:
"I A. B. do swear, That the instrument" (describing the instrument) which I "hereby acknowledge to have received "from the see of Rome (or from such "other bodies or persons, as the case may "be) under the authority of the see, as "relates wholly to the personal spiritual "concerns of the party or parties in respect of whom it has been issued, and "to no other matter or thing whatsoever. "So help me GOD."
Which oath it shall and may be lawful for such person to take and subscribe before the said board of commissioners (who are hereby empowered to administer the same) or in any of the courts herein before mentioned, or be fore of his majesty's justices; if the person taking and subscribing the same shall be resident more than miles from Dublin, or shall from ill health or infirmity be unable to travel, and in every such case it shall and may be lawful for the said board of commissioners, in the exercise of their judgment and discretion, to direct the said instrument to be transmitted, sealed up, for the sole inspection and verification of the president of the said board; who shall inspect the same, and if he shall after such inspection certify that the said instrument, is in his conscientious opinion and judgment, of the nature described in the certificate and oath of the person by whom the same shall have been so transmitted as afore said, the receipt thereof shall be reported to the lord lieutenant, or lord deputy, or other chief governor or governors of Ireland, and thereupon the said instrument shall be returned, sealed up, to the person by whom the same shall have been so transmitted, after being indorsed by the said president.
And be it further enacted, That any person or persons in Ireland, receiving any such bull, dispensation, or other instrument as aforesaid, who shall so deliver the same, or cause it to be delivered in the original, or who shall so certify the receipt, and so describe and verify by oath the nature of the said instrument by him or them received as aforesaid, and whose certificate and oath shall be so confirmed and allowed as aforesaid, shall be free and exempt from all pains and penalties whatsoever, which he or they would be liable by any laws now existing in Ireland, against the receiving and publishing bulls, dispensations, or other instruments from the see of Rome, or from any authority or pretended authority under the said see.
And be it further enacted, That any person or persons so receiving any such bull, dispensation or other instrument as aforesaid, and not so delivering or causing to be delivered as aforesaid, either the said original instrument, or such certificate of the receipt thereof, ac-companied by such oath as hereinbefore prescribed; or who shall publish or put in execution, or be wilfully and knowingly concerned in publishing or putting in execution, any such bull, dispensation, or other instrument as aforesaid, in Ireland, before the same shall have been properly inspected and indorsed as aforesaid, shall be deemed and taken to be guilty of a misdemeanor, and shall suffer such punishment as may by law be imposed upon persons guilty of a misdemeanor, instead of any punishment which such person would be liable to for such offence, by any law or statute now in force in Ireland.