munion; and, by familiarising them with one another, their prejudices were softened, and their mutual good will increased.

Lord Mansfield had the great merit of being the first public character; who openly advocated the catholic cause, and expressed a decided opinion in favour of a relaxation of the penal code. On every occasion, he discountenanced the prosecutions of catholic priests, and took care, that the accused should have every advantage that the forms of proceeding, or the letter or spirit of the law could afford. He omitted no opportunity of inculcating the salutary doctrine of toleration; or of impressing on the minds of his hearers the important fact, still, perhaps, too little regarded,that the circumstances, which provoked the enactment of the penal code, had long ceased to exist; and that the time was come, when mutual forbearance, and mutual benevolence, should anticipate its legislative repeal.. His speech in favour of the dissenters, in the case of Mr. Allen Evans,-finally heard in the house of lords, on the 4th of February 1767,-is an eternal monument, both of his enlarged and comprehensive notions on the subject of religious toleration, and of his peculiar style of oratory. "What bloodshed and confusion," says his lordship, "have been occasioned from the

reign of Henry the fourth, when the first penal "statutes were enacted, down to the revolution, in "this kingdom, by laws made to force conscience! "There is nothing certainly more unreasonable, "more inconsistent with the rights of human

"nature, more contrary to the spirit and precepts "of the christian religion, more iniquitous and unjust, more impolitic, than persecution. It is against nature, revealed religion, and sound policy. Sad experience, and a large mind, taught "that great man, the president de Thou,this doctrine. "Let any man read the admirable things, which, though a papist, he has dared to advance upon "the subject, in his dedication of his history to "Henry the fourth of France, (which I never "could read without rapture), and he will be fully convinced, not only how cruel, but how impolitic "it is to persecute for religious opinions."

It may be added, that those who wish to form true notions of the charges brought against James the second, for his abuse of the dispensing power, should read his lordship's speech on the embargo in 1766;—a luminous and complete treatise on that very delicate, and very little understood branch of constitutional law.

The honour of first calling the attention of the legislature to the situation of the catholics, was reserved to lord Camden. The owner of an estate in the north of England, subject to a jointure rentcharge of a catholic lady, who had treated him with great kindness,-disputed her title to it, on the ground, that, being a roman-catholic, she was disabled, by the act of the 10th and 11th of king William, from taking any estate or interest in land. On advising with her lawyers, the lady found her case remediless, in any court of law or equity. By the advice of a respectable and powerful neigh

bour, she procured a bill to be brought into the house of lords, for her relief. Lord Camden, on reading her petition, declared himself, without hesitation, the advocate of her cause. Generally, his lordship's style of public speaking was that of colloquial and pleasing, though dignified oratory. Occasionally, however, he rose to the true sublime; and it was then the more impressive, as it appeared to come from the heart. On the occasion which we have mentioned, his lordship was eminently great. When he spoke of the harshness of the case, and the harshness of the laws which produced it, and the claims of the catholics on the humanity and the wisdom of the house for their repeal, he was heard with an unanimous burst of applause; and his speech produced a corresponding sensation on the public.-To this circumstance, Mr. Burke, in his speech which we have cited, alludes, when he says, "so ineffectual is the power "of legal evasion against legal iniquity, that it "was but the other day that a lady of condition, beyond the middle of life, was on the point of

being stripped of her whole fortune by a near "relation, to whom she had been a friend and "benefactor; and she must have been totally “ruined, without a power of redress or mitigation "from a court of law, had not the legislature itself "rushed in, and by a special act of parliament "rescued her from the injustice of its own sta".tutes."

CHAP. LXXVII.

THE ACT PASSED IN THE EIGHTEENTH YEAR OF HIS LATE MAJESTY, FOR THE RELIEF OF THE ENGLISH CATHOLICS.

IT is now the pleasing duty of the writer of these pages, to mention the acts, passed during the late reign, for the relief of the English catholics. The first was passed in the eighteenth year of his late majesty. The writer will state in this chapter, I. The petition presented, in that year, by the English catholics: II. The proceedings in parliament, upon the act: III. Its legal operation: IV. The oath, which it prescribed: And, V. The riots in 1780.

LXXVII. 1.

The Petition presented by the English Catholics in 1778. "To the king's most excellent majesty. "The humble address of the roman-catholic peers " and commoners, of Great Britain.

"Most gracious sovereign,

"WE, your majesty's dutiful and loyal subjects, "the roman-catholic peers and commoners of your "kingdom of Great Britain, most humbly hope, "that it cannot be offensive to the clemency of your majesty's nature, or to the maxims of your just and wise government, that any part of your

subjects should approach your royal presence, to "assure your majesty of the respectful affection "which they bear to your person, and their true "attachment to the civil constitution of their country; which, having been perpetuated through "all changes of religious opinions and establish"ments, has been, at length, perfected by that "revolution which has placed your majesty's il"lustrious house on the throne of these kingdoms; " and inseparably united your title to the crown, "with the laws and liberties of your people.

"Our exclusion from many of the benefits of "that constitution, has not diminished our reverence to it. We behold, with satisfaction, the "felicity of our fellow subjects; and we partake of "the general prosperity, which results from an "institution so full of wisdom. We have patiently "submitted to such restrictions and discourage"ments, as the legislature thought expedient. We "have thankfully received such relaxations of the rigour of the laws, as the mildness of an enlightened age, and the benignity of your majesty's government, have gradually produced : " and we submissively wait, without presuming to suggest either time or measure, for such other indulgence, as those happy causes cannot fail, in "their own season, to effect.

"We beg leave to assure your majesty, that our "dissent from the legal establishment in matters "of religion, is purely conscientious; that we hold "no opinions adverse to your majesty's govern

ment, or repugnant to the duties of good citizens.