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СНАР.
LXX.

1791.

David's.

He

Bishop of St. David's, who, while he maintained the necessity for a church establishment, required the utmost extension of toleration toward Christians of every Bishop of St. denomination. The Catholic tenets were no longer dangerous to the established church or the state. disapproved of the bill, not for the relief it tendered, but as inadequate to its own purpose, and partial in its operation. It would relieve such Roman Catholics as would take the oath, and none else. Now, a great number, in fact, a great majority,-would reject the terms in which this oath was drawn. They were ready to swear allegiance to the King,—to abjure the pretender, to renounce the Pope's authority in civil and temporal matters,-to disclaim the doctrine that faith is not to be kept with heretics, that persons may be murdered under the pretence that they are heretics, that princes, excommunicated by the see of Rome, might be murdered by their subjects, as impious and unchristian; but they scrupled to apply the epithets of impious, unchristian, and damnable, to the doctrine respecting the deposing power of the Pope. This doctrine was rather to be called false than impious-traitorous than unchristian. In truth, this scruple was founded on a tender regard for the memory of their progenitors. Some two centuries since, this error, however absurd and malignant, was, like other absurd and malignant errors, universal; yet, there lived in those times many men of distinguished piety and virtue, who acquiesced in this error as a speculative doctrine, although they never acted upon it. Their descendants thought it hard that men of probity and virtue, for an error in mere speculation generally received, and by them never acted upon, should be stigmatized as devoid of piety, as no Christians, and as persons that died under a sentence of eternal damnation. They were ready to renounce the civil authority of the Pope; but they could not acquiesce in the words which denied his spiritual authority; that they could not conscientiously abjure. This spiritual authority did, in fact, interfere with the King's supremacy. If it were established, no consecrations and

ordinations could be valid unless they emanated from the see of Rome. Then the bishops of the church of England were no bishops; they could have no right to sit in Parliament; no priest of their ordination could have a right to any ecclesiastical temporalities. These were striking instances; many others might be found: but the most to be expected of conscientious Catholics would be, not to renounce all authority carrying this inference, for that were to renounce the Pope as their spiritual head, but that they should bind themselves never to act upon those principles which, in theory, they could not renounce; never to attack, but, on the contrary, to defend, the constitution and government in either branch. These engagements those Roman Catholics who scrupled this oath were ready and desirous to give, in the most explicit and unequivocal terms; to bind themselves by oath to defend to the utmost of their power the civil and ecclesiastical establishment of the country, even although the Catholic powers in Europe, with the Pope at their head, were to levy war against the King, for the express purpose of establishing the Roman Catholic religion. Different portions of the Catholics were already at variance, and had published adverse declarations on this subject. As the Bill would relieve only those who would take the oath, leaving the penal statutes in full force against the rest, these scrupulous persons would be open to laws which might be enforced against them. by those who had conformed. A horrible persecution might arise. Miscreants, base informers, might be enriched with the fortunes, gaols crowded with the persons, and the streets stream with the blood, of conscientious men and good subjects! And of all this cruelty, my lords, he said, if it should take place, the laws of the country will get the credit. Three out of the four Roman Catholic bishops, who call themselves apostolical vicars for the four districts of the country, have promulgated an encyclical letter, reprobating the oath; and they insist, that a conscientious Catholic ought not to take any oath declaratory of an opinion on doctrinal points, until it has received the approba

CHAP.
LXX.

1791.

СНАР.
LXX.

1791.

Oath amended.

3rd June.

Bill passed;

its effect.

tion of his ecclesiastical superiors. It would be perfectly nugatory to pass a law giving relief on the condition of an oath, which many of the persons to whom it is offered say, "We cannot take this oath." The

remedy would be to find one sufficient for the security of government, which the majority of Roman Catholics have already taken, and the apostolical vicars, having themselves taken it, must approve. Such was the oath required by the law of 1778.

Several other peers spoke in the debate; the bill was committed; and, on the motion of the Bishop of Saint David's, and contrary to his declared anticipation, the oath was so framed as to obviate all his objections, and the bill passed.

By this act, all the severe restrictions and penalties were removed from those Roman Catholics who would comply with its requisitions, to appear at one of the courts at Westminster, or at the quarter sessions, and make and subscribe a declaration that they profess the Roman Catholic religion, and also an oath exactly similar to that required by the statute of 1778. On this declaration and oath being duly made, they were enabled to profess and perform the offices of their religion, to keep schools, to exercise parochial and other offices in person or by deputy, and the ministers of that religion were exempted from serving on juries and from parochial offices. Their congregations were protected from disturbance; but their priests were restrained from officiating in places consecrated to the burial of protestants, and from wearing their habits, except in their own places of worship. They were also restrained from establishing religious orders; and the endowment of schools and colleges was still to be deemed superstitious and unlawful. No person could in future be summoned to take the oath of supremacy, and the declaration against transubstantiation. Nor were Roman Catholics, who had qualified, removable from London and Westminster; or punishable for coming into the presence or palace of the King or Queen. They were no longer obliged to register their names and estates, or enroll their deeds and wills;

and every Roman Catholic, who had qualified, might be permitted to act as a barrister, attorney, or votary*.

CHAP.

LXX.

1791.

Among the subjects which engaged the attention of Parliament was a bill, introduced by Mr. Fox, for Libel bill. altering the law respecting libels; it occasioned several debates, but its progress was interrupted by the prorogation. A bill was also passed, regulating the Corn bill. trade in corn, and ineffectual motions were made for abolishing the test law, and for altering the constitution of the burghs of Scotland. The session was ter- Session ended. minated by a speech from the throne, in which the state of public affairs was mentioned, but without any indication of intentions or expectations.

See a note by Professor Christian, in his edition of Blackstone's Commentaries, vol. iv. p. 58.

June 10.

CHAPTER THE SEVENTY-FIRST.

1789-1790-1791-1792.

Affairs of India.-System of Earl Cornwallis as Governorgeneral.-Hatred of Tippoo Sultan to the British Government. His military preparations-attacks the Rajah of Travancore. Cession of Crangenore and Jaycottah by the Dutch.-Pretensions of Tippoo.-Conduct of the Madras Government-of Earl Cornwallis-proposes a reference.— Tippoo besieges Travancore-repulsed in an attack-refuses a reference-gains the lines-takes Crangenore-Jaycottah and other forts. Situation of Earl Cornwallis-his plan of operations for the British troops-and the allies.-March of General Medows.-Tippoo retires-advance of the British --Coimbatore taken-other forts taken.-Masterly movement of Tippoo-forces the British to evacuate Sattimangulum-and retreat.-Action near Occaro-other actions -manœuvres of the opposed armies.-Junction of Colonel Maxwell with General Medows.-Tippoo offers to treathis attempt on the Carnatic-takes Trincomale and other forts-his intercourse with Pondicherry.-Debates in Parliament-motion of Mr. Hippisley-of Mr. Francis—debate— Motion by Mr. Dundas-by Lord Porchester.-Progress of the war.-Earl Cornwallis takes the command-active hostilities begun.-The Nizam-the Mahrattas-the British troops-General Abercromby.-Earl Cornwallis.-Siege of Bangalore-its capture-consequences-junction with the Nizam-capture of Doonally-other places.-Earl Cornwallis advances toward Seringapatam.-Advance of Tippoo -battle at Arakeery . Difficulties of Earl Cornwallis.Retreat to Bangalore-state of Tippoo-he sends a flag of truce-British prisoners found at Hooliadroog.-Tippoo be

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