LXX. 4.

Negotiation for obtaining a partial Repeal of the Penal

Laws.

THE imputed attachment of his majesty's romancatholic subjects to the exiled family, raised a new obstacle to their hopes of relief: all, it is probable, would have signed an explicit declaration, that they would do no act that should offend or disturb, in any manner, his majesty's person or government; but the profession of allegiance, which was required from them, seemed to recognize the theoretical justice of his majesty's possession of the throne;-and to this, not catholics alone, but a considerable portion of the protestant part of the kingdom, at this time conscientiously objected.

At the time, of which we are now speaking, these scruples, however honourable to those who entertained them, on account of the conscientious feelings which gave rise to them, were evidently illfounded. The rights and duties of protection and allegiance are correlative: no one is entitled to the allegiance of a person, whom he wants either power or will to protect. Most frequently it is difficult to determine the precise moment at which a monarch, once legally possessed of this power and this will, is so completely dispossessed of either, as to forfeit his right to the allegiance of his subjects: but, after some lapse of time, a period usually arrives, when, in consequence of the general submis

pre

sion of the people, the acquiescence of foreign states, and the annihilation of the power and resources of the discarded monarch, it becomes evident that he no longer possesses any probable means of restoring himself to his former sway.—The power of of protection then ceasing, the duty of allegiance ceases with it, and the new order of things is, for every practical purpose, legitimated.-On this ground pope Zachary crowned Charlemagne,-a successor of Zachary acknowledged Hugh Capet,- and the sent pope submitted to Buonaparte, assisted at his coronation, and blessed him and his empress. This was at no remoter period than eleven years after the expulsion of the Bourbons*: but, almost three times the same number of years had, at the time of which we are now speaking, elapsed subsequently to the revolution of 1688.-On this ground, all catholics of information and judgment perceived, that the dynasty of the Stuarts had no longer any claim to their allegiance or political attachment; and that the adopted monarch had a perfect title to the allegiance of every Englishman, and might justly claim a profession of it, and a rejection of all political connection with foreigners.

It happened that, at this time, Dr. Strickland the bishop of Namurt was in London, he was per

The reader is invited to read what is said on this subject by the writer in his Revolutions of the German Empire, notes i. and ii.

+ This gentleman was an adherent of the pretender, and had been promoted, by his interest, to the abbey of St. Pierre de Prou, in Normandy. During the quarrel between the

sonally known to George the first, and greatly esteemed both by him and his favourites. After conferring with them, he drew up certain requisitions, intending to submit them to the principal catholics, and to procure their acquiescence. We' shall transcribe them, and two letters of Mr. secretary Craggs, giving an account of the result of the negotiation :-after much inquiry, we can procure no farther information respecting it.

"Requisition.

"In order to put the roman-catholics in a way "of deserving some share in the mercy and protec"tion of the government, 'tis required that some of "the most considerable among 'em depute a proper

person with a letter to the pope, to inform him, that whereas they must otherwise be utterly "ruined, they may yet obtain some liberty and security for their religion, upon four conditions, all

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emperor and George the first, in 1726, he maintained a correspondence with the leading members of the opposition to sir Robert Walpole. These, in conformity with the emperor's wishes, unwisely strove to engage Great Britain in a war with France. By their interest, Strickland was made bishop of Namur, and the emperor sent him on a private mission to the English monarch, with credential letters, and various documents justifying his own measures and views, and criminating those of sir Robert Walpole. The bishop arrived in London under a feigned name, was graciously received by the king and the queen, and had many conferences with lord Harrington, a leading member in the opposition cabinet. But the minister was soon informed of the negotiation, and frustrated the attempt. Strickland was soon after civilly dismissed. "Coxe's History of the House of Austria," vol. ii. p. 145.

"in his own power, and all evidently consistent with "roman-catholic principles.

1. ""Tis required he order his former decree* "about the oath of allegiance, now dormant in the " hands of his internuncio at Brussels, to be pub"lished and executed by proper delegates, and in "the most effectual manner, for the information of "the people.

2. "That he take away the name and office of protector of England from cardinal Gualterio, "the pretender's public and declared agent, and "confer the same upon some other, no ways engaged "in any factions, or obnoxious to this government. 3. "That he revoke the indult granted to the

pretender for the nomination of the Irish bishop"rics, and solemnly promise the emperor to govern "these missions without any communication direct "or indirect with the pretender, or regard to his "interests.

4. "That any person employed in these missions "shall be revoked or called away bona fide by his

respective superiors, upon intimation of any of "fence by him given to the government.-As the

emperor has engaged to bring the pope to these "terms, it will be necessary to send also to him with "a letter to desire his mediation in this affair."

"It will be sufficient these letters be subscribed by the duke of Norfolk, lord Stafford, lord Mon"tagu, lord Walgrave for the nobility, and by sir "John Webbe, Mr. Charles Howard, Mr. Stonor, "and Mr. Arundell Bealing for the gentry.

"As any delays or tergiversations in coming into • Of this decree, the writer can learn nothing.

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"these measures, can never be coloured with any pretence of religion or conscience, so if any should "be made by persons obstinately disaffected, the government would then have no means left to 66 secure the peace of the kingdom, but in the real "and full execution of the penal laws, and more particularly of the act for transferring the right "of succession to the next protestant heir, upon the "immediate heir not conforming at the age of eighteen ; and of the late register act, for taking away the two thirds. But 'tis hoped that the roman-catholics, by a ready concurrence in what "is equally their duty and their interest, will make "it practicable for a mild government to treat 'em "with moderation and lenity, if they endeavour to "deserve it as well as other dissenters."

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My lord, "Whitehall, 30 June 1719. "This private letter is to inform your lordship "that doctor Strickland arrived here some days ago, during which time he bent all his thoughts

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upon the matter which your lordship knows he "had in hand. He came to me with a paper, "whereof the inclosed is a copy, which he thought "was digested into the properest manner, to be "shown to the roman-catholics therein mentioned. "At his request and persuasion I carried a copy of "that paper, not signed, to a meeting, where the "duke of Norfolk, lord Walgrave, and Mr. Charles "Howard, assisted.

"After having discoursed with those gentlemen the contents of it, I found the two noblemen

upon