of the Jacobite conspiracy. Montesquieu, who only was acquainted with the statute-book, and knew nothing of English practice, thus alludes to these laws: "Les lois contre ceux qui professeraient celle religion ne seraient point sanguinaires, car la liberté n'imagine point ces sortes de peines; mais elles seraient si réprimantes qu'elles feraient tout le mal qui peut se faire de sangfroid."*

The laws, however, have never been effectually carried out; "indeed, if they were, it would be very difficult to excuse them," says Blackstone.† The discretionary power of English judges exercised in favour of individuals, softened down these laws whenever they came within the review of courts of law.‡ There was, moreover, no inquisitorial state-police to track out the Catholics.

When all fear of the Pretender had disappeared, these laws began to be restrained in their operations.§ By the 11 George III., c. 60 (1779) Catholics, on taking the oath of allegiance, abjuring the Pretender, denying the temporal power of the Pope, and declaring their horror of the doctrine that princes who had been excommunicated by the see of Rome were worthy of death, and might lawfully be dethroned, were allowed to purchase, inherit, and otherwise acquire land. This statute, moreover, abolished the penal regulations against priests and Catholic teachers.

The later enactments which conceded further rights to Catholics, were 31 George III., c. 32 for England, and 33 George III., c. 21 for Ireland. The former abolished all penal regulations against Catholics. Every Catholic who, conformably with 11 George III., c. 60, took the oath and signed the respective declaration, received a certificate in the local or royal courts, and enjoyed full liberty of religion. Priests and places of worship belonging to the Roman Catholics were to be registered. Such registered ecclesiastics were not required to take the oath; divine service in registered chapels was protected against all disturbances. No Catholic house of worship could have either bells or

a tower; and no priest wear his vestments outside the church, even in the most restricted family circle.

Every Catholic registering his name at the quarter sessions, was allowed to teach, but might not educate "Protestant" children. No religious order was permitted, and every gift to Catholic schools and colleges was invalid. From that time Catholics might become barristers, attorneys, and notaries, but were not to have a seat in parliament or the privy council, nor might they become guardians of Protestants. In Ireland, they might not expose for sale arms or powder; and, in regard to carrying arms, lay under severe restrictions. By the above-indicated Irish statute, Catholics were declared incapable of sitting or voting in either house of parliament, or exercising the office of Lord-Lieutenant of Ireland, Lord Chancellor, or Keeper of the Great Seal, Lord High Treasurer or Chancellor of the Exchequer, Lord ChiefJustice or Judge of the King's Bench and Common Pleas, ChiefBaron or Baron in the Exchequer, or Judge of the Admiralty Courts, or Registrar of the Superior Courts, Secretary of State, Keeper of the Privy Seal, Vice-Treasurer or Deputy ViceTreasurer, Accountant of the Treasury, Accountant-General, Lieutenant-Governor or Custos Rotulorum of any county, Secretary of the Lord-Lieutenant, Member of the Privy Council, Attorney-General, Solicitor-General, Queen's Counsel, Master in Chancery, President or Member of Trinity College in Dublin, Postmaster-General, Field-Marshal, Lieutenant-General of Artillery, Commander-in-Chief, General of the Staff, Sheriff or Under-Sheriff of any county; or of undertaking any office in contravention of the privileges assigned by recent statutes to corporations.

By section 4 of the same act, they were excluded from voting at vestry-meetings concerning the distribution of money or the repairing of parish churches, or other matters touching local churches, or the parish generally. On the other hand they might enjoy the full right of election. The opinion for a long time obtained that by means of these enactments all the requirements of justice had been abundantly complied with. George III. declared that he would regard every one his political enemy who should venture to introduce further measures to remedy the political incapacity of Irish and English Catholics. In practice, moreover, these paltry measures of relief were interpreted in a very narrow-hearted man

ner.* From the passing of the Catholic Emancipation Act, 10 Geo. IV., c. 7 (1829), the position of the Catholics in England is as follows:

By 10 Geo. IV., c. 7, almost all the civil disabilities under which the Roman Catholics laboured have been removed; they are empowered to vote at elections for members of parliament, and to sit in both houses of parliament, upon taking the oath prescribed by the act; Catholic priests, however, are excepted from the latter privileges. Roman Catholics may hold offices of preferment of all kinds, with the exception of those of Guardian, Justice, or Regent of the United Kingdom, of Lord High Chancellor, or Commissioner of the Great Seal, Lord-lieutenant, or Lord-deputy of Ireland, or Lord-commissioner of the Assembly of the Church of Scotland, and of any office in the Church or Ecclesiastical Courts or foundations, universities, colleges, or schools. They may

become members of any corporations, but cannot vote in any ecclesiastical appointment.

The "Catholic" Church is not recognized as a church, but rather ignored, inasmuch as the English Established Church puts itself forward as a Church Catholic. The Catholic archbishops and bishops (in Ireland four archbishops and twenty-two bishops) are not recognized by the state, and have neither jurisdiction nor rank.* Cardinal Wiseman, in order to avoid the penalties of the "Ecclesiastical Titles" bill, was fain to style himself Archbishop in Westminster. Had he styled himself Archbishop of Westminster this would have been regarded as an assumption of jurisdiction, and would have involved penalties.† No Catholic clergyman has any right to bring an action for his fees. The only Catholic college endowed by the state is that of Maynooth, in Ireland, a seminary founded, in 1795, for the education of native priests.§ The prohibition to wear vestments outside the church has, since the Act of Emancipation, been more stringently enforced, and is now punishable by a penalty of £50. Every native Jesuit or member of other religious orders, coming into the realm, is subject to banishment for life; but any Protestant secretary of state may grant a license to any Jesuit to come into the realm, subject to its revocation at pleasure. In case Jesuits and monks receive members into their order, they are guilty of a misdemeanour; the person received may be banished from the realm; should he, however, remain within the realm for three months, he is liable to transportation for life. The provisions of this act are not to extend to any religious order consisting of females. The restrictive regulations are, however, virtually evaded, and, by reason of the absence of a secret police, are mere blunt weapons.

Since 2 and 3 Will. IV., c. 115, Catholic houses of worship and schools are not subject to any other restrictions than those of Dissenters, which will be explained further on. The pro

hibition against processions outside the church has, on the contrary, received fresh vigour. Even on 15th June, 1852, a proclamation appeared forbidding all such processions, because "they caused scandal and annoyance to many people, and disturbed the public peace."||

* Gneist, i., 564.

+ As the union of Scotland and of Ireland had never been officially notified to the Pope, Cardinal Wiseman was em

powered to take spiritual possession of "florentissimum regnum Angliæ."

Gneist, i., 564.

§ Meidinger, Das Britische Reich in Еигора, 511. Ann. Reg. 1852, 439.

The prohibitory measures of 1 Geo. I., c. 20, 24, whereby land cannot be given to so-called "superstitious uses," have been modified by later enactments. A gift for the education of Catholic priests would, probably, not fall within this law; on the other hand, the Court of Chancery has recently declared as invalid a legacy for saying masses for the dead.*

The marriages of Catholics and Dissenters must formally, to prevent their being deemed invalid, have been solemnized according to the rites of the Church of England.† The statute of 17th August, 1836, however (6 and 7 Will. IV. c. 85), introduced new regulations having principally in view the relief of persons dissenting from the discipline and doctrine of the Church of England. A superintendent-registrar was appointed for a district within which marriages might be celebrated by means either of the superintendent-registrar's certificate without license, or by his certificate with license. Civil marriages may be celebrated on any week-day from 8 till 12, either in presence of the registrar, or two or more witnesses, in any registered house of worship; or in the official residence before the superintendent-registrar, registrar, and two witnesses. Hence, those not desirous of being wedded in church, and who are not "Dissenters" or "Jews," but belong to the Established Church, may conclude a "civil" marriage. As the religion of the parties desirous of contracting is taken no heed of under this form, mixed marriages between Jews and Christians may be concluded before the recognized official. The license of the Archbishop of Canterbury is not withdrawn by the statute, it has merely become an optional affair, and, by reason of the heavy sum charged, is seldom resorted to. If the celebration take place in any other house of worship than that named in the certificate, or without permission of the registrar, the clergyman officiating shall be deemed guilty of felony.

By the 7 and 8 Vict. c. 102, and 9 and 10 Vict. c. 59, almost all the enactments imposing disabilities on Roman Catholics were repealed, and, with the few exceptions pointed out by the Catholic Emancipation Act, Roman Catholics enjoy the same privileges as members of other religious creeds.

Since the Revolution of 1688 the most oppressive measures against Protestant dissenters have been set aside. By the Act of

* Burns, ii., 163.

+ An exception was admitted as re

gards the marriage of Quakers and Jews.