is equally abhorrent to the spirit and to the letter of the constitution.

3. Because we conceive, that this house hath and ought to have the sole and exclusive dominion over its own journals, in like manner as the commons have over theirs; and that the lord lieutenant hath no more right to order an entry to be made upon our journals than he hath to order an entry to be made upon the journals of the commons; and we conceive, that as the crown, though a branch of the legislature, is no estate of parliament, therefore the crown or its representative, can have no jurisdiction over the journals of the estates of parliament, which are the records of the proceedings of the deliberative branches of the legislature, whereof the crown is not one. And we are the more confirmed in this opinion, by reflecting, that there is not a single instance even in the most arbitrary times, of such a power being claimed or exercised by the crown, in Great Britain, over the journals of the British peers. We apprehend also, that no matter can with propriety be entered upon the journals of this house, without the leave of this house previously had or implied, as is clearly evinced by the constant practice of reading the minutes by the clerk before the house is adjourned, in order that every peer may have an opportunity of preventing any thing improper from being entered upon the journals. Now on the last day of the last session, no such opportunity was given, the reading of the minutes having been prevented by the prorogation.

4. Because, though it hath been asserted, that the journals of this house, being public records, it is improper that any alteration should be made therein: we are of opinion, that this maxim extends only to the judicial proceedings of this house, not seeing that in other instances there is any reason to distinguish between the journals of this house and those of the other house of parliament, from which matters have frequently been expunged: As it is also notorious, that matters, not of a judicial nature, have frequently been expunged from the journals of the House of Lords of Great Britain. Indeed, were it otherwise, the speaker or even the clerk of this house, or any indifferent person, who might however irregularly get access to the journal book, might insert therein matter of the most criminal import, amounting even to the crime of treason; and it would be a strange solecism to say, that such insertion must for ever remain, to the disgrace of this house, without any power in us to expunge and purge away such obnoxious.

matter.

5. Because it hath been declared to be a high breach of the privileges of parliament, that the crown should take notice of

the proceedings of either house of parliament, unless the same shall be regularly laid before it; a circumstance, in which we conceive, that the protest of Lord Strafford, however in all other respects irregular and unconstitutional, hath the advantage over those of Lord Sydney and of our present chief governor.

6. Because we think this entry peculiarly improper, inasmuch as the viceroy hath therein, by a breach of the privileges of this house, made our journals the instrument of a breach of the privileges of the other house of parliament, a practice which, if not discountenanced by us, might probably end in a rupture between the two houses.

THE CATHOLIC'S TEST OF ALLEGIANCE PRESCRIBED BY 13TH AND 14TH GEO. III. C. XXXV.....PAGE 149.

I A. B. do take Almighty God and his only Son Jesus Christ my Redeemer to witness, that I will be faithful and bear true allegiance to our most gracious sovereign lord King George the Third, and him will defend to the utmost of my power against all conspiracies and attempts whatever, that shall be made against his person, crown, and dignity; and I will do my utmost endeavour to disclose and make known to his majesty, and his heirs, all treasons and traitorous conspiracies, which may be formed against him or them; and I do faithfully promise to maintain, support and defend, to the utmost of my power, the succession of the crown in his majesty's family, against any person or persons whatsoever, hereby utterly renouncing and abjuring any obedience or allegiance unto the person taking upon himself the style and title of Prince of Wales, in the life time of his father, and who since his death is said to have assumed the style and title of king of Great Britain and

Ireland, by the name of Charles the Third, and to any other person claiming or pretending a right to the crown of these realms; and I do swear, that I do reject and detest as unchristian and impious to believe, that it is lawful to murder or destroy any person or persons whatsoever, for or under pretence of their being Heretics; and also, that unchristian and impious principle, that no faith is to be kept with Heretics; I further declare, that it is no article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or by any authority of the see of Rome, or by any authority whatsoever, may be deposed or murdered by their subjects, or by any person whatsoever; and I do promise, that I will not hold, maintain, or abet, any such opinion, or any other opinion, contrary to what is expressed in this declaration; and I do declare, that I do not believe, that the pope of Rome, or any other foreign prince, prelate, state, or potentate hath, or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm; and I do solemnly in the presence of God, and of his only Son Jesus Christ, my Redeemer, profess, testify and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatever, and without any dispensation already granted by the pope or authority of the see of Rome, or any other person whatever; and without thinking that I am or can be acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or persons, or authority whatsoever shall dispense with or annul the same, or declare that it was null and void from the beginning.

So help me God.

No. LXIV. a.

FROM THE DEBATES IN THE BRITISH HOUSE OF COMMONS.

[PAGE 166.]

AS soon as the ceremony of swearing in the re-elected and new members was over,

Colonel Luttrell rose, and reminded the house, that, previous to the recess, he had expressed a desire to say something relative to the very critical situation of Ireland; and that he had

VOL. II.

been prevented from indulging that desire by a request from an honourable member (Mr. Byng), that he would not introduce any question upon so important a subject in the absence of his majesty's ministers, who having been at that time just appointed, had vacated their seats in that house, and consequently could not be present at the discussion of a subject, which he owned ought not to be agitated without them: that the same honourable member had requested he would speak to them, before he should say any thing relative to Ireland in that house; and assured him at the same time, that he would find the new servants of the crown most ready to do every thing in their power to promote the welfare and happiness of every part of his majesty's dominions.

He had given way to the desire of the honourable member, and had conferred with two of the new ministers, and he felt himself bound to say publicly of them that he found them extremely well disposed to do every thing in reason to quiet the discontents of the people of Ireland; as far as they were concerned he was satisfied; but as he then saw in his place a right honourable gentleman (Mr. Eden) who knew best the situation of Ireland, he certainly wished that before his return the right honourable gentleman would explain to the house, a little of the present posture of affairs in that kingdom.

Mr. Eden thought that in a situation, such as Ireland then stood, the eyes of men were turned upon him, who being a member of the legislature of that kingdom, as well as of this, and at the same time in a ministerial capacity in the former, must be supposed to be well acquainted with the nature of the jealousies and demands of the people of Ireland: he presumed that it would be expected of him to say something of affairs in which he himself had borne a part; and to propose some measure, which should tend to conciliation with Ireland, in the present very alarming situation of that kingdom; it was his intention therefore, before he should sit down, to make a motion on that subject; but first he thought it would be proper to give a short sketch of the history of Irish affairs for the last two years.

(As the public are acquainted with all the political facts that have occurred in Ireland during that period, we shall not enter into them so minutely as Mr. Eden did; we shall therefore only state the general heads, and the observations that he made on them.)

He said, that, when the acts passed in England for enlarging the trade of Ireland, and admitting that kingdom to an equal participation of trade with England, the people of the former, instead of being filled with gratitude for the blessing which had been just extended to them, began to be jealous, lest they should lose that blessing which they prized so much; and, seeing be

fore them the bright prospect which a free trade opened to their view, their first sentiment was fear, that, at some future period, the same power, which had conferred, might resume that grant: and some circumstances occurred, which tended greatly to encrease the fears of the people on this head; for in the very next session of the English parliament, Ireland was mentioned in four different acts; so that the Irish were thereby alarmed, lest the power which assumed a right to bind Ireland, even after a free trade had been granted to her, might, when the circumstances of affairs would warrant such a proceeding, resort back again to that commercial monopoly, which had just been broken; and they then began to look into their own constitution. It was true, that those four acts, in which Ireland was bound, were not of a nature to afford grounds for any such apprehension; for they related to very trifling matters, no ways injurious, one of which, on the contrary, was beneficial to Ireland; but still they created jealousies, and gave rise to many arguments in the Irish House of Commons, where Mr. Grattan had formerly complained of them, as subversive of the constitutional independence, as it was called, of the parliament of Ireland. The volunteers all complained of them; and when he mentioned the volunteers, he might be said to mention the whole nation, which, as with one voice, maintained that no power on earth had a right to legislate for Ireland, but the king and parliament of Ireland. In speaking of the volunteers, he must take that opportunity, he said, to bear his public testimony to their steady loyalty, and attachment to Great Britain; and their constant declarations, that the enemies of England should be the enemies of Ireland; but it was not by words only or professions, that they manifested their loyalty; they proved it by their deeds; and when the combined fleets threatened the country with an invasion, it was impossible to describe with what alacrity and spirit they made a tender of their services to the lord lieutenant; and this too without any previous communication among themselves, or concert whatsoever: for their noble and generous behaviour at that alarming moment, his excellency has thought it necessary to express his acknowledgments to them from the throne. Previous to that session, the volunteers, without marking any disposition to those measures, which they had since adopted, were harmlessly amusing themselves with reviews, and military parade; and such an opposition was expected in parliament, as every free government would wish to see formed, as such a constitutional opposition must necessarily make ministers more watchful, and attentive to their duty. When the session was opened, various were the questions introduced into the House of Commons, which he had not been able to approve, and which appearing to a majority of the house,