thority, power, jurisdiction or pre-eminence whatever within the realm of England?

2. Can the pope or cardinals, or any body of men, or any individual of the church of Rome, absolve or dispense with his Majesty's subjects, from their oath of allegiance, on any pretence whatever?

3. Is there any principle in the tenets of the catholic faith, by which catholics are justified in not keeping faith with heretics or other persons, differing with them in religious opinions, in any transaction either of a public or a private naturé ?*

This was done no doubt, with a view to soften the King's conscience, which at that time was buckram against catholics. For his majesty had not then formed an alliance with the pope, nor sent his dragoons to guard his person, nor had England then spent as much blood and treasure, to put up the pope and the Bourbons as she had before expended to pull them down. These things fell out afterwards.

All great leaders of men have been addicted to oracles. In old times, they sent to Jupiter Amonon in Africa, or else to Diana at Ephesus, or else to the Delphic priestess, or to the old sybil. Mr. Pitt sent to none of these, nor did he consult the rioters of Moorfields, nor the priestly mob, nor the Orangemen. He did more wisely; he did very wisely. Let us do him justice. He sent his queries to six of the principal catholic universities of Europe. The Sorbonne at Paris, to Douay, to Louvain, to Alcala, to Salamanca, and to Valladolid.

* See the answers of the six universities at length in the appendix.

As politicians, mostly know the answer, before they ask the question, so I need not say that these universities all concurred in disclaiming, and firmly disavowing all these imputations, which no catholic ever thought of; unless it were in ancient times of war and contentions for kings and kingdoms, when the corruptions not of the church of Rome, but of some corrupt ministers of that church, had by forming leagues of" wicked priests and princes" dishonored that church. None but foolish ministers could have thought of visiting all those crimes of past ages upon the catholic church, because there had been weak or wicked priests, no more than of destroying all kings because there had been weak and wicked princes.

I should have venerated Mr. Pitt for this judicious step, if I could be quite sure that he was sincere. It would cover a multitude of his sins. And it is only to be lamented, that some minister, as sagacious, had not sent these queries to those six universities three centuries before. How much burning and ripping, would have been spared. I wish that Mr. Pitt had not, for his good name's sake, so soon after receiving this authentic testimony, tolerated that ferocious rabble of no popery, Orange. men, king's conscience men, and peep of day boys, whose atrocities are now as much history as his life and death. It is true, I will say it for him, he never loved them, he hated and despised them; but he knew them well, that they were always for evil, never for good, and having done all the mischief required, the sooner they were extinguished the safer and better it would be. But still he used them to carry his point, and overthrow the parliament of Ireland; which he had

Y

before corrupted to his ends. Having gained his point, he tried to put them down, but it is easier to excite wickedness than it is to subdue it. The hounds once uncoupled and set upon the tract of blood, ran riot on the hot scent, and the huntsman himself could not call them off. When he would have whipped them again into their kennel, they were savage and bayed him.

Having the authentic evidence of the six universities, that it was no tenet of catholics to break faith with heritics, he resigned his office, as he said, because he could not keep faith with the catholics. He resumed his place and did not keep faith with them. He was crossed in this by the peep of day boys, and by his other enemies, in his other projects, and he died, in what faith I know not, lamenting his incapacity to do justice, and exclaiming, Oh my poor country!

The Mayor. From what book do you take those queries of Mr. Pitt.

Counsel. I read them if it please the court, as general history, from Mr. Plowden's historical survey of the state of Ireland. They are I presume, upon the jour nals of the parliament.

Recorder. They are so, I have seen them.

Counsel. It is time now to take leave of foreign history. And as to those precedents of foreign law, the only weight they can have, is that of so much paper and calf's skin, for our own constitution is so explicit upon

this important head of religious toleration, that nothing but the inveterate habit of running to foreign authorities, could have put it into the mind of any of us, to look elsewhere for instruction in so plain a case; unless we are to resemble that fabled race, that continued suckling till after their beards grew.

The constitution stands in need of no such illustrations. It is simple, and precise, and unequivocal. It may like other human institutions be perverted, but it cannot be easily mistaken. And judges who so well know its history will mistake it least of all. The people whose will it speaks, were not of any one church, as the learned attorney has said; but of many and various sects, all of whom had suffered more or less in Europe for their religious tenets, and many of whom had unrelentingly persecuted each other. All that came from England, and were not of the church established by act of parliament, of which the King of England was the head, all these were either catholics or protestant dissenters, and in one or the other character, liable to pretty heavy disabilities and penalties. The catholics it is true, bore the hardest burthen of all ; but the others would be very sorry, I believe, to put aside our constitution and resume their ancient condition. And God forbid it should be so. For among the many losses that would light upon the community, we might be deprived of the respected magistrates that now sit to judge of our most precious rights. For if they dissented from the established church, then they could not hold any office in a corporation; and then they must come down from that bench which they fill so well, and pay a penalty moreover for having sat there, unless they could pro

duce the certificate of a churchwarden, that they had taken a sacrament they did not acknowledge, in a church that was not their own; or unless they were. through clemency, indemnified and pardoned as felons and outlaws are. I need not say more to the court, than refer to the test and toleration acts of England, and the indemnity bills passed for the relief of protestant dissenters. Mr. Attorney had forgot all this. I put him now in mind of it. Happy country, I again repeat it, where such things can be forgot. But I speak not only of what has been, but now is. At this day, a quaker, such is the term bestowed on the society of Friends, cannot be a witness in any criminal case, nor a juror in any case, nor can he vote at an election for members of parliament, nor can he hold any office in the government, unless he be sworn like other protestants. He cannot enforce the performance of an award, or the payment of costs, upon the credit of his affirmation. His religion forbids him to swear like other protestants, as that of the catholic clergyman forbids him to betray the secrets of confession, and therefore, in England, both are disqualified; but the constitution of New-York tolerates all religions, and neither is the Friend called upon by it to swear, nor the confessor to betray. The quakers are not committed to prison in this country by a justice for non-payment of tythes. Nor are they fined as in England for not serving in war. They enjoy in all these respects the full and equal measure of toleration, and a greater indulgence than others. All others must join the ranks of their country, and oppose its enemies. They are exempt. They are neither asked to go like their fellow citizens, nor yet to find a sub