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ther relief bill of similar tendency to which comforts you in the hour that which was rejected in 1813. — adversity, and consoles yon on the The committee state in the report, bed of sickness, corrupted and dethat their attention have been chiefly stroyed by treachery and b.ibery, directed to two objects—“ First, The after having withstood, pure and un. appointment or election of the ro polluted, three centuries of persecu. man catholic clergy, and, princi. tion ? No, I feel convinced, that pally, those of the episcopal order. should necessity call on you to declare -And, secondly, The restraints in- your abhorrence of the practices of posed upon the intromission of pa- those dangerous individuals of our pal rescripts, by submitting them to body, by whose machinations princithe inspection of the civil govern- pally our holy faith is placed in its ment previous to their publication;- present truly alarming situation, you a right exercised in various coun. will come forward and denounce their tries, under the name of · Regium unhallowed practices to the legisla. Exequatur,' the · Placitum Regium,' ture, as detogatory and ruinous to the or some similar appellation. With catholic name, and opposed to your this they have joined the apellate ju honest and confirmed sentiments.risdiction, or · Recursus ad Princi. | That you must hold yourselves in pem,' exercised by the supreme secu- readiness for a sumultaneous exlar ma, istrate, in cases where the ec pression of your detestation of clesiastical judges have exceeded the any measures which may be inproper limits of their authority.” tended to wrest the free exercise of To enter into a regular detail of this the spiritual functions from your sareport would be impossible in so con cred pastors is certain, unless indeed fined a work as this, I have there. more urgent matters, from the prefore given the substance of it, as sent unsettled state of the country, published in The Morning Post, in should occupy the attention of parThe epitome of this numher, and shall | liament in the ensuing session, and from time to time lay before my rea prevent the immediate approach of ders the most iuteresting particulars The evil day. To prepare your minds to be found in this ponderous collec- therefore for a legal contest with tion of official and unofficial papers. your enemies, I shall proceed to offer But I should, however, ill discharges a few remarks on the labours of this my duty, were I not to put my fellow protestant committee for catholic afcatholics upon their guard, against fairs. It is certainly not a little cuthe insidious designs of those menrious that the modern legislators of by whose influence this report was this once proud and independent ua. framed_from the 'tenour of which tion should seek for precedents athere cannot exist a doubt of its mong foreign nations, on which to being the intention of our emanci- ground a system of regulation of pators to subdue every vestige of the conscience for a large portion of the the spiritual independence of the ca- inhabitants of the kingdom, at a time tholic church in these realms, and too, when our popular leaders are render its ministers the servile slaves condemning and censuring the geneof an anti-catholic government. But, ral proceedings of those very states my fellow citizens, are you willing to from whence the precedents are obsubmit to these degrading and des- tained. But why seek for examples tructive plaus, without a constitu- in foreign countries, and not refer to tional struggle to oppose them ? Are the conduct of our own ancestors ? you willing to see that religion which I mean our catholic forefathers.is your boast and glory to profess, ofl.Are the mandates or maxims of foreign despots and autocrats 10 form | conclusions : – That the emperor a basis for the government of a peo- presided in the ecclesiastical councils ple who claim to be free? Is not of his empire: that there are no this absurdity in the extreme? And traces of any distinction then existing set this appears to be the sole end between the supreme head of the of the labours of the committee, or church and the supreme head of the I should rather say of Sir Johu Hip-state ; that the emperor, in his capapisley, who, I have no doubt, is the city of guardian of the peace of the author of the report, as he is ad- church, convened the general counmitted to be the grand collector of | cils : that from the decisions of those the various documents. From these assemblies, he received and heard appapers, the hon. baronet imagines peals, in causes ecclesiastical, at he has established his favourite po least, as they respected matters of sition, that no emancipatijn should external discipline; and that the bibe granted to the catholics of this shop of Rome then possessed no auunited kinydom, unless the crown thority over his fellow-bishops, exbe invested with the nomination of cept that which might arise from the their prelates, the same as is exer- patriarchial dignity, or from the cised by the states on ihe continent; | voluntary respect which was paid to and further, that the correspondence him, as presiding over one of the beiween these prelates and the head largest and oldest dioceses, generally of their church should be subjected believed to be founded by St. Pe-, to the inspection of the state, pre- ter.” Ah, reader! here we discover vious to their being published. How | the grand, the prime aim of those pofar Sir John has succeeded, let rea- liticians, to whom the representason determine.--. The papers laid be- tires of our ancient and once noble. fore the committee do not reach be- minded families have been paying yond the period of the reformation, court, and servilely craving their inso called, and consequently do not fluence to re-instate them in the posembrace that space of time when the session of those rights which their whole of christendom acknowledged uncorrupted progenitors were unllie pope as the supreme pastor of justly deprived by the iniquity of the faithful, and the temporal sove past times. For two centuries and reigns were not distracted with the a half, our ancestors and ourselyes religious feuds of their subjects, or have been subjected to a system of alarıned at the borns of a papal bull. persecution unparalleled in christian

I must however except an extract history, because they refused and we from a work evlilled an " Histurical | decline to disown the supremacy of Inquiry into the ancient Ecclesiasti- | the pope in matters purely spiritual. cal Jurisdiction of the Cro:un, by For this refusal, a lord chancellor James Baldwin Brown, Esq. of the surrendered his head to the block; Inner Tennie, barrister at law.” but now, a barrister, endued with This work the committee state was | more than ordinary powers of percep-, 6 sometime since transmitted to the tion, has discovered that the acute office of the secretary of state for the Sir Thomas More, and all of us, have home-department, and recently pub- been in the wrong, and that those lished, which traces back the exer- heroic martyrs, who have sacrificed cise of ecclesiastical jurisdiction by their lives rather than ackuowledge temporal sovereigns, to the period of the spiritual supremacy of the head Constantine the great. From the of the state, were a parcel of stupid evidence adduced by the author, he papists, enveloped in the clouds of arrives (say the committee) at these priestcraft and ignorance, which still. operate on our dull faculties, and | This is a discovery which should therefore it is necessary to resort to a make some people blush with shame, new legislative provision, in order to if they have any shame in them.--restore us to our senses, as well as They have also found that in those to our privileges. Well, this is a states where the will of the sovereign matter of the bighest consolation to 1 is absolute, he exercises, a self-constithe self-named board, and as the ho- | tuted right of nominating or appointDourable members most honourably ing to vacant dioceses; but in those voted the expulsion of the incorrup- states which are somewhat free, and tible representative of the church have a representative form of gofrom their society, because he wished ment, such as Switzerland, the bi. to preserve to them the glorious name shops are generally chosen by elecof catholic, we may conclude, that, tion, or appointed by the pope. at their next meeting, they will bo. Thus, the bishop of Chur, or Coire, nourably vote a piece of plate to the is appointed either directly by the Dew theological barrister, as a mark pope, or else the chapter presents of their testimony, for the easy me- the bishop elect' to him for his conthod he has pointed out to them how firmation; he appoints to the bi. they may attain their honourable shopric of Lausanne in default of the ends. Enough, however, has been chapter of the cathedral; “ in the divulged by this extract to put every course of the last year, (says the resincere catholic on his guard, and to port) the canton of Fribourg reconvince him that it is not so much nounced the right of presentation, rethe wish to emancipate, as it is to mitting to the pope the nomination protestantize, us, that prompts our to the vacant see ;” and in the Va. pretended friends to take us under lais, the bishops are appointed by their kind protection. But let us the memhers of the diet, by an absoreject their proffered assistance, un- lute plurality of votes, upon a quadruless they will agree to serve us on ple presentation by the chapter or fair and equitable terms. Why, in-body of capitulate canuns. The stead of searching the records of the elected bishop is always confirmed despotic and arbitrary governments by the pope, and is a deputy to the of the continent; why, instead of diet with four votes. But the inforhaving recourse to modern docu- mation from the canton of Schweitz, mects, to the laws and regulations transmitted by Mr. Stratford Candecreed by the emperor Joseph, by ning, our envoy extraordinary to the Leopold, and toose monarchs, whe- Swiss yoveroment, to Lord Castlether catholic or protestant, who are reagh, under date the 15th of April kuown to have been as great perse. | last, is too remarkable to be passed cutors of the church as any that have over, especially as Mr. Canning preceded them; why did not our le states, that Schweitz may be consigislators refer to the proceedings of dered as the chief of the small demoour own catholic sovereigns for pre-cratic cantons." The governments cedents or examples respecting the of the Swiss cantons," says the inpoints in dispute ? And what is the formant of Mr. C. “ which, up to sum and substance of the 'enquiry 1815, formed, a part of the diocese made? The committee have found, of Constance, never had the smallest that in those states, which have been influence in the election of their birepresented by bigotted protestants shop, as his nomiuation belonged to as the most devoted to the catholic | the chapter of Constance, and his religion, the power of the pope is confirmation rested with the holymore restricted than in others. see. There are, however, instances,

ORTHOD. JOUR. VOL. V,

when the election of the said chapter | her existence. The barons had withad been irregular, or had not taken nessed the contentions on the part of placě within the prescribed time, of the primates Anselm and Thomas a the pope having directly appointed Becket, with William Rufus and the bishop. The chapters of imme. Henry II. ; they saw the encroachdiate monasteries or abbeys, such as ments of the sovereigns tended to St. Gall, Einsidlen, and Mury, elect extend their power, and they felt the ed likewise their prelates, without argent necessity of an independent the least influence on the part of go. clergy to preserve their own privileges vernment. The confirmation of thiese and immunities, as well as those of prelates rested with the see of Rome, the people ; and therefore the freethat of the immediale monasteries dom of election was secured to the with the bishop. As the catholic clergy, while įhe influence and paSwiss acknowledges the supremacy tronage of the crown was lessened. of the pope as head of the roman This important spitulation of the catholic church, the catholic part of great cbarter proved of the utmost Switzerland never had occasion to op- advantage to the peace and happiness pose the publication of the pope's of the nation; the unhappy strifes bulls ; and it is on this account ihat between the sovereigos and the clerthere never has been any contest about gy, so frequent under the Normaa jurisdiction between the holy see and kings, were put an end to, and for the respective governments of the ca. three bundred years the people pretholic Swiss cantons.” It has been served their rights and privileges, till allowed by most travellers, that civil the corruptions of the eighth Henry liberty was enjoyed by the people to deprived them both of independent a greater extent in the Catholic can- | prelates and untainted senators. tous of the Helvetic confederacy than With these incontestible facts before in those of the protestant coinmu. our eyes; with the testimony of the nion; yet we here find it stated, that last three centuries, that under the in the canton possessing the greatest I patronage of lay ministers, servility, degree of popular rights, the govern- not integrity, is the most likely fament never bad the least influence in culty to ubtain the episcopal chair; the appointment to episcopal offices, with the evidence of fourteen huuand in consequence a dispute or con- dred years, during which Ireland has Test with the pope never took place. possessed, by free election, the most What is this but a clear proof that pure and unblemished bierarchy tbat nost of the disputes which have ever adorned the catholic church'; arisen between the despotic temporal shall we so far forget ourselves as ti sovereigus and the see of Rome, have consent to its members being nomi. been occasioned by attempts of the nated through the influence of those former to encroach on the spiritual who publicly swear our religion to rights of the church of Christ, and superstitious and idolatrous ? No, nut fron endeavours of the holy see to God forbid. Never let us prove usurp The royalties of the respective such traitors to our crucified Saviour, kingdoms which admitted its spiri- as to surrender without opposition bis tuat supremacy.- Of this our ances- mystical body into the hands of its tors were perfectly convinced, or sworn enemies. How shall we be they would never have stipulated in able to appear before his face at the the first article of Magna Charta, great accounting day, after being that the church of England should be guilty, of so heinous a dereliction of free, and that the freedom of election duty? Besides, what analogy, what for bishops was most necessary for similarity is there ip the cases rem ported, and the situation in which der a government só constructed the catholics of these islands stand. as our own, though it might not be In Austria, in Rassia, in Prussia, in attended with such evil consequences Spain, in Naples, &c. the sovereigns under an absolute monarchy. As to are absolute, and their will is the the right claimed of inspecting papal law, the prelacies also to which they rescripts, stated to be exercised by claim the right of nomination have all catholic and other states, it is an all some temporal immunities and usurpation which Cardinal Lilia told privileges attached to them.' But Dr. Poynter, in the Genoa letter, the here, the functions of the monarch are holy see, to prevent greater evils, is regulated by a' cabinet council, the forced to bear and tolerate, but can: members of which are responsible for Dot by any means approve. That it! the acts done in his name, and now was an abuse, and not the exercise of thing has the force of law until it legitimate power; and with regard has been sanctioned by parliament.-- to us, could not even be made a sub'The prelates, 100, whose appoint-ject of negociation. “ For," adds ment this council is desirous of pos- ihe cardinal, “your lordship well sessing, are, in the eye of the law, no knows, that as such a practice must more iban simple citizens, and the essentially affect the free exercise of religion of which they are the guar- that supremacy of the church which dians, is not legally recognized. In has been given in trust by God, it asking for a restitution of our vn-would assuredly be criminal to perdoubted rights, we seek not for place mit or transfer it to any lay power, nor power, wé simply request to be and indeed such a permission has nea placed upon an equal footing of eligi ver any where been granted." This bility to civil privileges with the rest is a very important declaration un of our fellow subjects ; and the pre- the part of the holy see, and niyat lates have solemnly and disinterested put the vetoist pariy on their guard ly declared, that they neither seek how far they commit themselves on por desire any other earthly conside- this subject. These gentlemen have ration for their spiritual ministry save much to answer for, and would do what ibeir respective flocks, from a well to reflect upon their past consense of religion and duty, may vo- duct before they proceed any fura Jantarily afford them. The cases are ther. Certain it is, their pliability tbus widely distinct, and the govern- and readiness to pay homage to ment can have no greater clain upon | wealth and power, have encouraged our body to surrender up its minis- our preteuded friends to proceed in ters to their tender care, than they their plans to subvert our religion, have to claim the nomination of me and I have no hesitation in giving it thodist pursons or presbyterian elders. as my opinion, that they will not reIt cannot be a love of our religion cede from their intentions, unless the that makes them desirous of choos most determined and active constituing its guardians; it can ooly be a de- tional resistance is immediately begun sire to extend their own influence and by the entire of our body in the two corrupt the integrity of our pastors. islands; and even then our case will We know very well that the nomina- | be desperate, though not hopeless.. (tion sougbt for might, under certain | If the government were hardy enough? Djodifications, be granted without | to pass the late coro bill in opposia infringing the doctrines of our tion to the general yvice of the whole church; but we also know that such people, there is little doubt but my a concession would be fatally destruc- Lord Castlereagh, and Mr. Canning, tive to the purity of her morals, ann and Sir John Hippisley will endea

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