they were excluded from the enjoyment of the free constitution of these realms 66 solely on account of their conscientious adherence to that religion which was professed by those princes and patriots of their country, who originated and matured her justly boasted Constitution." This statement of the petitioners did not please the opposers of their claims; and The Morning Chronicle, of the 31st of May, says, that the Hon. Mr. Yorke observed, "It had been urged in favour of concessions to the Roman Catholics, that our Constitution had come to maturity under the Catholic Sovereigus of this country, and that our Catholic ancestors had fought the battles of the Constitution. But on this principle they might as well contend for the Pagan as for the Catholic religion. Paganism was the religion of our Teutonic ancestors; and the substance of our Constitution was formed by our German ancestors.". The Globe, of the same day, reports, that the Hon. Gentleman stated, that "As to a claim founded on their ancestors having matured the British Constitution, Parliament might, with equal justice, be petitioned to extend the benefits of that Constitution to Pagans as to Roman Catholics; for he would maintain, that the Constitution was derived from their Teutonic and German ancestors, and not from those who claimed that merit in the petitions on their table. "The Constitution," said they, was matured by the patriots and kings of the Holy Roman Catholic Church." If this were so, it must have been by the last of them, and these were Henry VIII. and Queen Mary. He supposed it was intended to be argued, that the Constitution was improved by those patriotic sovereigns, Henry VIII. and Queen Mary. When they asked for the full enjoyment of the blessings of the Constitution, and, at the same time, gave to their Roman Catholic progenitors the merit of their having, as the phrase was, matured it, they appeared to him not to know precisely 66 what they were requesting." A more miserable piece of sophistry was never before circulated by the public press, and I am astonished at the boldness of the editors in affixing the name of Mr. Yorke to such egregious fallacies as are here attributed to have been uttered by him. A direct contradiction is thus given by the medium of the press, under the sanction of a respectable name, to the sentiments of five millions of people; and they are accused of employing falsehood and ignorance to obtain a redress of griev ances. The stigma thus cast upon the Catholic body is too great to pass unnoticed. I do not pretend to say that such are the real sentiments of the Hon. Gentleman to whom they are imputed; I should hope not; I look upon them as the work of the editors, and as such I shall prove that the whole is a mass of groundless asser tions and erroneous conclusions. It is certainly a curious and most ridiculous absurdity to suppose, that, because the Catholics declare that the Constitution was matured by their an cestors, it must have been by that Sovereign in whose reign the Catholic religion was subverted in these realms, and himself ceased to be a member of it! This is the height of folly, and the submit of inconsistency. But let us see whether the petitioners knew precisely what they were requesting, and whether the Constitution was ma tured by our Catholic ancestors of not. For my own part, I had, until I saw the speech in question, always considered the great Alfred as the first law-giver in this nation; but, on consulting Rapin's History of England, I find that Alfred was indebted for some of his laws to Ina, king of Wessex, Offa, king of Mercia, and Ethelbert, king of Kent; which latter was the first who reduced the Saxon laws into writing. So far then we are indebted to our Saxon ancestors for the origin of our laws; but, let it be observed, the same historian tells us, that the above mentioned sovereigns converted to the Catholic faith BEFORE were all they became law-givers, and were re-this great event is unnecessary to my markable for their attachment to the purpose; suffice it to say, that through Roman See, and the foundation of the instrumentality of the politic Carchurches and monasteries in their re-dinal, and the Catholic clergy, the spective kingdoms. Of Ina it is said, Barons united and petitioned the weak that he founded a college at Rome, but tyrannic John, that he would for the reception and instruction of confirm certain liberties and laws of English ecclesiastics, and afterwards the Confessor, with other privileges, resigned his crown, and became a granted to themselves, to the realm monk. To Alfred, who was also fa- of England, and to the English mous for the piety of his character, church, as were contained in the and regard for the Catholic faith, we Charter of Henry I. The king heare indebted for that invaluable immu- sitated, and desired time to consider nity, the Trial by Jury; and the laws debates ensued-John resisted--the which were made by him were rebarons were resolute.-At length, markable, says the historian, for an finding that duplicity would avail no ardent zeal for justice, and a sincere longer, and that the whole nation was desire of rooting out oppression and against him, the tyrant informed the violence. Edward the Confessor, barons, that for the good of peace, another prince distinguished for his and the exaltation of the realm, singular virtues and adherence to the he would freely grant them the laws Catholic faith, reduced the laws of the and liberties which they asked.foregoing sovereigns into one body, At the same time desiring they would which, says Echard, 66 were in a name a day and place when they great degree, the fountain of those should meet and adjust their differwhich, to this day, we term the com- ences. The barons appointed the mon law, though the forms of plead- fifteenth of June, in the plains of Runing and process were afterwards nemede, situated between Staines and brought in by the Normans." These Windsor. On the day named, both laws were disregarded after the con- ties met. With the king were the pri quest, and the English were compelled mate, the archbishop of Dublin, seto submit to the most grinding and op- ven bishops, Pandulphus, the pope's pressive usurpations, under the reigns legate, Almerie, the master of the of William I. and II.; but Henry I. English Templars, and fifteen earls finding his succession to the crown and barons. The opposite party were liable to be disputed, in order to gain composed of all the remaining nobilithe affection of his subjects, reformed ty, &c. Various were the proposals the abuses of his predecessors' reigns, made, and the debates created much and granted a charter, confirming di- warmth; but the king soon became sprivileges enjoyed under the Ca- sensible that he must comply: he tholic Saxon kings. By this charter, therefore acquiesced in their demand, Henry restored the church to her an- and signed the charter of laws and cient liberties, and freed her from all liberties, which the barons presented oppressions she had for some time to him. This was the GREAT CHARbeen subject to, and confirmed to his TER, which completed and confirmed subjects the laws of king Edward.- the FREE CONSTITUTION of We now come to the memorable reign England. The document was unof John, so famous for the signing of doubtedly drawn up by some of the Magna Charter, and the great share Catholic clergy, in whom were vestwhich Cardinal Langton, the Arch-ed, in those days, all that pertained bishop of Canterbury and Primate of to science and learning, the study of England, had in obtaining the accom- the nobility being chiefly devoted to plishment of this glorious deed. the use of arms and warlike diverTo enter into a precise detail of sions. It is also worthy of remark, vers those par that this Constitution is a resemblance the benefits of the British Constitu. tion have been extended to the ene mies of Christianity."-In this reign (George II.) the privileges withheld from the Catholics, because they dif fered from the established church on some disputed points of faith, were granted (says Mr. B.) to those who denied the Christian religion in toto; it having been enacted by 26 G. 2, c. 26, that Jews may be naturalized without receiving the sacrament, provided they have professed the Jewish religion for three years before. In the succeeding session this act was repealed, because, says the preamble to 27 Geo. 2, c. 1, 'occasion has been taken from it, to raise dicontents and to disquiet the minds of his Majesty's t subjects.' A former act of this ses sion, however, (13 Geo. 2. c. 7.) had naturalized such Jews as had been re 6 of the government of the Catholic church, and therefore affords evident proofs of its being the work of legislators professing that religion. That our Catholic ancestors knew how to keep their privileges, after they had obtained them is substantiated by the following evidence, contained in a letter addressed by Mr. Walter Fawkes to Lord Milton, and published about the latter end of the year 1812. "Your lordship, (says Mr. F.) has often demanded of the Friends of Reform, to what period they would revert to seek for the Constitution of England. The Reformers, my lord, will make answer and tell you, that the REAL Constitution, only with a much greater latitude of suffrage than is now sought for, existed from the earliest times, to the famous disfanchising act of the 8th of Henrysident in the English colonies in Ame VI...The Reformers will tell you, my lord, that it WAS LOST, both in theory and practice, during the distracted times of the latter period of the 13th century." That is, in the reign of Henry VIII., when Englishmen forsook the creed of their forefathers, and undertook to reform that faith which GOD had declared should be unalterable to the end of the world. The reader will now be able to judge how far the editors of our prints are justified in disseminating their unstudied assertions, that "Parliament might, with equal justice, be petitioned to extend the benefits of the British Constitution to Pagans as to Roman Catholics." But, did not these worthy gentlemen know, that Pagans and Infidels, if they take the test, are admissible to all the privileges of the Constitution! If they are so ignorant of the edicts of their country, let them peruse the Historical Account of the Laws enacted against the Catholics of England and Ireland, written by Mr. Brown, of the Inner Temple, and published by Underwood, 32, Fleet-street, (a work which ought to be read by every Protestant in the kingdom) and they will perceive that rica for seven years, on taking the of ble as it is, over the rest of the world, | Grattan and Mr. Bankes. The document is also said to put an absolute Veto on Sir John Coxe Hippisley's requisition as to the creation of a new Secretaryship of State, for examining all correspondence with the Pope and Cardinals, &c. with a large salary fixed to it. A notable scheme, when the nation is so oppressed with taxation! The probable consequences, therefore, will be, that the self-created English Catholic Board, so far from being satisfied with Rome, will feel more angry with it than ever; and the Knight of Kerry will also find his con is ENTIRELY the effect of Catholic energy and Catholic discipline. It is WHOLLY and EXCLUSIVELY to the CATHOLICS, to Catholic energy and Catholic perseverance, it cannot be too often repeated, THAT BRITONS ARE INDEBTED FOR THE CONSTITUTION ITSELF; and all the most valuable principles, maxims, canons, archives, and edifices, of which England is most proud, are the inestimable result derived from CATHOLIC faculty." CURIOUS CHALLENGE. In the Courier of the 31st of last month, the same paper which contained the report of the debate in the House of Commons on the Catholic question, wan published the following "Copy of a Letter sent lately by the Dean of Peterborough, to the Rev. John Lingard, a Papist: THE IMPORTANT DOCUMENT.jectures, as to Ministers being gratified The daily prints, in their report of the with the contents of the instrument,to late debate in the House of Parliament be erroneous. However, there is one on Catholic Emancipation, state that great consolation attending it, which Mr. Maurice Fitzgerald, the Knight is, that the document will bring matof Kerry, observed, "that he under-ters to an issue. stood a person was now coming from Rome, who was the bearer of a document, which, he thought, would prove extremely gratifying when known to the British Government." This do cument is arrived, as well as the venerable Prelate who was the bearer of it.-I certainly do not pretend to penetrate into the depth of secrets of so much importance, nor have I the presumption to assume the gift of fore- "Reverend Sir,-In your Strictelling future events; but I have heard tures on Professor Marsh's ComparaSomething about the proposal for lull- tive View, occur the words once, the ing Protestant bigotry; and feel my- new Church of England,' and these ofself at liberty to form my conjectures tener, the modern church of England.” about its consequences, as well as the That for both these expressions you Knight of Kerry. For my own part, are amenable to a court of justice I I wish it may not, when it comes to infer from this extract: 'seditious be known to the Irish people, excite words, in derogation of the established their clamours, notwithstanding it re-religion, are indictable, as tending to jects Quarantotti's Rescript; but this a breach of the peace; as where a peram sure of, that it will be treated son said, your religion is a new reliwith scorn by both parties, the Mi-gion; preaching is but prating; and nisterialists and the Anti-Ministerial- prayer once a day is more edifying." ists; for, so far from giving up the 1. Haw. 7. Besides, the Church by right of choosing Roman Catholic law established in this country is so Bishops and Deans in England and in inseparably interwoven with the BriIreland, either to the King or to the tish Constitution, that whatever is capeople, the Pope, there is every rea-lumny upon the former must be calumson to believe, roundly claims theny upon the latter. I power for himself. This will surely 66 If, however, you shall assure me provoke both my Lord Liverpool and in the course of a few days, that withmy Lord Grenville, as well as Mr. in a reasonable time you will publish ORTHOD. JOUR. VOL. III. F a vindication of this defamatory lan- fectly agree, that the refutation of Mr. guage, I will defer to prosecute you, Lingard's remarks would be "a sufnot only till sufficient time has been ficient triumph to the Church of Enggranted you for that purpose, but also land, without calling in aid the strong till an opportunity has been allowed arm of the law;" although I may prothe public to peruse my reply to it.-bably differ with him as to the cerBy a vindication is here meant, com-tainty of the Rev. Dean's gaining the plete proof of this position. That the victory. This challenge reminds me structure of the Church of England, of one made by Dr. Barlow, Bishop and the materials of which it is com- of Lincoln, who, in the year 1678, posed, are new and modern. Should published a Letter to a person of ho it appear to be the general opinion, nour, entitled Popery, or the Princi when the reasonings of us both shall ples and Positions approved by the have been maturely considered, that Church of Rome are very dangerous your vindication is complete, I will to all, and to Protestant Kings and then make a recantation, and cease to supreme powers more especially;" be a Member of the Established which he concluded as follows:-"If Church. If, by the generality of our that Priest or Popish Gentleman (you readers, it shall be thought defective, mention) who so confidently denies you will be summoned to answer for the Church of Rome to approve such your offensive demeanour in West- principles as I have laid to her charge, minster-Hall. can either shew that I have mistook their meaning, or that the Church of Rome has disowned such pernicious principles or positions, and damned them as erroneous and impious, I do hereby promise him, that I will be (what I hope I never shall be) one of the worst sort of Christians in the world, I mean, a Roman Catholique." This letter was ably answered by two Catholic writers; but we are not informed that either of them were "It may justly be presumed, that, before you ventured to issue forth your detractions, arguments to establish the position above-mentioned had been prepared with sedulity, and judiciously arranged. I therefore shall add, that by a reasonable time, you must understand a few months only. T. KIPLING." vi- D. To this singular and unreasonable summons, the Editor added the following apology to his readers for in-sited by the vengeance of the law, even serting it: "We have thus complied with the desire that the above letter should be published. But we trust the Dean, for whom we have the highest respect, will re-consider the subject. Our Church is a Church of mildness, of long suffering, of forbearance for conscience sake. We are quite sure the Dean will be able, in his reply, to refute the position," that the structure of the Church of England, and the materials of which it is composed, are new and modern." But we venture to suggest, that the refutation will be a sufficient triumph to that Church, and a sufficient punishment to Mr. Lingard, without calling in aid the strong arm of the law." With the editor of the Courier I per in those days of bitter and merciless For how The Rev. Dean sets |