conviction, can only be
reached by enactments which also go in some degree beyond the ordinary
law; and, so going beyond it, are to that extent encroachments on the
ordinary privileges and rights of the subject, and suspensions of the
constitution. But the very term "suspension" shows that the power
conferred is but temporary, otherwise it would be synonymous with
abrogation. And all parties may wisely agree, as they did in this
instance, to a temporary suspension of the people's rights, though there
would be none to whom their permanent abrogation would not be
intolerable.
The bill, then, for the suppression of the Association passed with
universal approval, and it may be regarded as furnishing a model for
dealing with similar associations, if ever they should arise. And as
soon as it was passed Mr. Peel introduced the greater measure, that for
the repeal of the disabilities. In drawing the necessary bill the
ministers had had two questions of special importance to consider:
firstly, whether it should be unlimited concession which should be
granted, such as would throw open to the Roman Catholics every kind of
civil office; and, secondly, whether it should be accompanied by any
other measure, which might render it more palatable to its adversaries,
as diminishing a portion at least of the dangers which those who
regarded the question in a purely political light most apprehended. On
the first point it was determined that, with the exception of three
civil offices, those of the Lord Chancellors of England and Ireland and
the Lord-lieutenant of Ireland,[207] and some of a purely ecclesiastical
character, such as the Judge of the Court of Arches, every kind of
preferment should be opened to the Roman Catholics.[208] The declaration
against Transubstantiation and the oath of supremacy, certain
expressions in which were the obstacles which had hitherto kept the
Roman Catholics out of office and out of Parliament, were to be
repealed, and another to be substituted for them which should merely
bind him who took it to defend the King, to maintain the Protestant
succession, and to declare that "it was not an article of his faith, and
that he renounced, rejected, and abjured the opinion, that princes
excommunicated or deposed by the Pope might be deposed and murdered; and
that he disclaimed, disavowed, and solemnly abjured any intention to
subvert the present Church Establishment as settled by law within this
realm, and that h
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