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• It is declared in one of the 39 Articles, that the King is Head of our Church, without being subject to any Foreign Power; and it is expressly said that the Bishop of Rome has no jurisdiction within these realms. On the contrary, Papists assert, that the Pope is S11preme Head of the whole Christian Church, and that Allegiance is due to him from every Individual Member, in all spiritual matters. This direct opposition to one of the fundamental Principles of the Ecclesiastical part of our Constitụtion, is alone sufficient to justify the exclusion of Papists from all situations of Authority. They acknowledge indeed that obedience in civil matters is due to the King. But cases must arise, in which civil and religious Duties will clash; and he knows but little of the influence of the Popish Religion over the minds of its Votaries, who doubts which of these Duties would be sacrificed to the other. Moreover, the most subtle casuistry cannot always discriminate between temporal and spiritual things; and in truth, the concerns of this life not unfrequently partake of both characters.' po 21, 22.
We deny entirely that any case can occur, where the exposition of a doctrine purely speculative, or the arrangement of a mere point of Church discipline, can interfere with civil duties. The Koman Catholics are Irish and English citizens at this moment; but no such case has occurred. There is no instance in which obedience to the civil magistrate has been prevented, by an acknowledgment of the spiritual supremacy of the Pope. The Catholics have given (in an oath which we suspect the Bishop never to have read) the most solemn pledge, that their submission to their spiritual ruler should never interfere with their civil obedience. The hypothesis of the Bishop of Lincoln is, that it must very often do so. The fact is, that it has never done so.
His Lordship is extremely angry with the Catholics, for refusing to the Crown a veto upon the appointment of their Bishops. He forgets, that in those countries of Europe where the Crown interferes vith the appointment of Bishops, the reigning monarch is a Catholic,—which makes all the difference. We sincerely wish that the Catholics woull concede this point; but we cannot be astonished at their reluctance to admit the interference of a Protestant Prince with their Bishops. What would his Lordship say to the interference of any Catholic power witla the appointment of the English sees?
Next comes the stale and thousand times refuted charge against the Catholics, that they think the Pope has the power of dethroning heretical Kings; and that it is the duty of every Catholic, to use every possible means to root out and destroy heretics, &c. To all of which may be returned this one conclusive answer, that the Catholics are ready to deny these doctrines upon wath. And as the whole controversy is, whether the Catholics shall, by means of oaths, be excluded from certain offices in the State ;—those who contend that the continuation of these excluding oaths are essential to the public safety, must admit, that oaths are binding upon Catholics, and a security to the State that what they swear to is true.
It is right to keep these things in view—and to omit no opportunity of exposing and counteracting that spirit of intolerant zeal, or intolerable time-serving, which has so long disgraced and endangered this country. But the truth is, that we look upon this cause as already gained ;-and while we warmly congratulate the nation on the mighty step it has recently made towards increased power and entire security, it is impossible to avoid saying a word upon the humiliating and disgusting, but at the same time most edifying spectacle, which has lately been exhibited by the Anticatholic addressers. That so great a number of persons should have been found with such a proclivity to servitude (for honest bigotry had but little to do with the matter), as to rush forward with clamours in favour of intolerance, upon a mere surmise that this would be accounted as acceptable service by the present possessors of patronage and power, affords a more humiliating and discouraging picture of the present spirit of the country, than any thing else that has occurred in our remembrance. The edifying part of the spectacle, is the contempt with which their officious devotions have been received by those whose favour they were intended to purchase,-and the universal scorn and derision with which they were regarded by independent men of all parties and persuasions. The catastrophe, we think, teaches two lessons ;-one to the time-servers themselves, not to obtrude their servility on the Government, till they have reasonable ground to think it is wanted ;-and the other to the nation at large, not to imagine that a base and interested clamour in favour of what is supposed to be agreeable to Government, however loudly and extensively sounded, affords any
indication at all, either of the general sense of the country, or even of what is actually contemplated by those in the administration of its affairs. The real sense of the country has been proved, on this occasion, to be directly against those who presumptuously held themselves out as its organs ;-and even the Ministers have made a respectable figure, compared with those who assumed the character of their champions,
Art. V. Objections to the Project of Creating a Vice-Chancellor of England, London.
London. Cadell. 1813.
Observations occasioned by a Pamphlet, entilled, Objections to
the Project of Creating a Vice-Chancellor of England. London. Hatchard. 1813.
A Letter to a Noble Lord, from the Author of Objections to the
• Project of Creating a Vice-Chancellor of England.' London. Cadell. . 1813.
HEN any alteration of the established law has been proposed
by Sir Samuel Romilly (whom, were we ever to name without expressing our veneration for his spotless integrity and enlightened principles, we should do a violence to our warmest feelings *), the uniform course of his antagonists has been, to set up a cry of innovation ;' to demand, if each part of our constitution must be made the subject of dangerous experiments; and to represent every charge as disrespectful to the wisdom of our ancestors, and pregnant with risk to their posterity. The alterations in the criminal code which he has attempted (and, in consequence of this clamour, vainly attempted), are extremely limited, as we have already had occasion to show; nor could any thing short of actual experience have persuaded us, that they who create capital felonies by the score, could consider the whole judicial system as threatened with subversion, when it was proposed to make the stealing of five shillings in a dwelling only a clergyable offence. But we have lived to see yet stranger things: For the same persons who raised all those clamours,—those especially who could not sleep for dreaming of revolutions, when it was suggested that proprietors of freehold estates should not be allowed to defraud their simple contract creditors ;--those who had but one answer to fling at every proposal of legislative improvement, and held that one to be quite sufficient; -those who considered the merits of every plan as disposed of, the moment it was admitted to be a novelty ;---those same persons have absolutely brought forward a scheine, in the first instance full of
This most distinguished person was recently excluded from Parliament during a short period, to the astonishment of all who resided at any distance from the bustle and intrigues of party. He has since been returned, though not for a popular place ; and if any thing could reconcile reformers to the system of Borough patron:ge, it would, by that truly noble and patriotic use of it which places such en as Sir A. Pigott, and Sir S. Romilly, in the House of Com. mons.
change and alteration, both in the jurisprudence and constitution of the realm, but in its probable consequences likely, beyond any that has ever in our times been adopted, to work a general and fundamental change in the system. But it is not for its npvelty that we blame this project: The change which it is to make, we consider not merely to be extensive, but pernicious ; it affords an inadequate remedy to the evil; and a remedy, as far as it is one, of a kind inapplicable to the evil. We are therefore willing to examine it in this point of view, through the medium of the tracts now before us, whereof the first and third are the almost avowed works of Sir S. Romilly, and the second of Lord Redesdale.
The unexampled delays of late years experienced in legal proceedings, both before the House of Lords and the Court of Chancery, and the great accumulation of business in those courts, whether that be the result or the cause of the delays, are well known to every person moderately versed in the recent history of parliament. Under the late administration, a reform of the Scotish Courts was proposed, as an effectual remedy for the worst part of the evil, the delay in appeal business; and it was hoped, that the improvement in the administration of justice in the courts below, would so far satisfy the suitors, as to diminish the number of appeals. Such an improvement would undoubtedly, in the course of time, produce this salutary effect; but it was not yery likely to afford any immediate relief to the pressure so much complained of. The ministry being changed while the pļan was in agitation, after the bill had gone through several stages, it was thrown out, and a plan of the new ministers substituted in its place. It differed from the former in two material particulars: it divided the Court of Session into two, instead of three courts, and it omitted the intermediate Court of Review. Our readers are aware, that we ạid not think very highly of either of those distinguishing features of the first project, and considered them as liable to some very unpleasant suspicions, connected with matter of patronage. It will not therefore be supposed that we could feel very hostile to the modifications under which the plan of their predecessors was by the present ministers carried into effect.
Whatever may have been the advantages obtained by the new arrangement, it has certainly not contributed, 'in any degree, to the object which the authors of it had principally in view. It has not diminished the number of appeals. The average yearly number of appeals from Scotland, during nine years ending 1808, was 37; and exclusive of 1807, in which the extraordinary number of 65 was entered, the average was only 33. In 180s, the new arrangement of the courts was in operation
but only during six weeks. Its effects, therefore, could not be materially felt during the early part of the Session 1809. The number presented in that session, viz. 43, is not therefore to be taken as a fair criterion either
But 1810 affords a more unexceptionable test, because by law no appeal could be entered, during any part of that year, from any judgment pronounced while the old system was in operation. In 1810, however, before the middle of April, there were entered 45 appeals; and though the accounts before both Houses of Parliament are defective, in the returns for the remaining part of the session, inasmuch as they only give those entered after April, and remaining undisposed of in June 1811, yet as there then stood in that predicament nine cases, we may infer, that the whole entry for 1810 was upwards of 54 cases.
In the same way we find, that at least 56 appeals were entered in 1811. It is therefore manifest, that the new arrangement has not diminished, but increased the number of appeals. The increase of trade, or rather of commercial difficulties, may no doubt have had some share in augmenting the number of lawsuits in Scotland, as every where else. But we are disposed to think, that much of the increase of appeals is owing to the new arrangement itself, and arises from one of the chief advantages of that arrangement, the greater despatch of busines which it has produced, and the consequent increase in the number of causes heard and determined ; prodigious benefit unquestionably to the country, but attended with an increase instead of a diminution of the evil, to remcdy which the plan was originally proposed. In a word, it signifies not, as far as regards the evil in question-the pressure of appeal business in the Lords-whether the augmentation since 1808 is owing to the diminished confidence in the Courts below, or (as we are sure will be found to be the case) to the greater despatch of business : The reniedy has been tried, and found ineffectual ; pay, has been found to remove an evil which it was not so much intended to meet, as another, which it has considerably augmented.
During the two last Sessions, the attention of Parliament has beert drawn to this important subject with laudable perseverance, by several distinguished members of both houses; and it speedily appeared, that together with the accumulation of appeals in the House of Lords, the only evil inquired into upon the former occasion, an equal accumulation of suits in Chancery had all the while been going on, under the auspices of the same lcarned and eminent person who presides in the House of Lords. Various were the suppositions resorted to for the purpose of explaining this fact. Some contended, that the vast increase of irade, the progress of luxury, the augmented population, the