because the question is not what this or that temporal sovereign may do ; but whether any temporal sovereign may lawfully control and intermeddle with the ecclesiastical jurisdiction assumed by the Pope? And that this was felt to be the real question by Dr. Milner, is plain from his positive rejection of the four articles in which the liberties of the Gallican church, as they are called, are asserted * And also from that passage, among others of the same sort, in which he had declared that the reigning Pope would sooner die, and they (that is Dr. Milner and his clergy) "must sooner die than acknowledge the competency of any buman authority upon earth to give spiritual jurisdiction over a single member of the Catholic church:"-which, whatever may be intended by the words "human au• thority upon earth," as the meaning is certainly not very clear, yet un. doubtedly makes no difference between Papist and Protestant.+

We ought to mention perhaps that we have forborne to insert a long letter from Salamanca found among those papers, [p. 5,] because whatever Don Joseph de Ayuso's ideas may have been, the re-establishment of the inquisition very plainly shews that he was an unauthorized individual; and as to the opinion of the university of Salamanca given in 1789; it has been so fully canvassed, and shewn to be mere illusion, that we can hardly conceive that even Sir John Coxe Hippesley will venture to lay any stress upon it, or upon that of the other universities.‡

But taking all these examples together, considering this universal acquiescence of the Pope and the whole college of bishops of his communion, (which we are told at times is what establishes the truth of any doctrine) who is there that can believe that it would really wound any, even the tenderest conscience, if our king were to interfere in the nomination of the bishops of the Romish communion in these his dominions, or do any of those acts which, by what was called Mr. Canning's bill, he was required to do?

That, notwithstanding this is what we individually deprecate, that our

See his supplement to the Pastoral Letter of 1808, p. 39.

+ See sequel to the Pastoral Letter, p. 35. Or see Mr. Le Mesurier's address to the Roman Catholics of England; where the passages are cited and commented upon, and where Dr. Milner's ideas of ecclesiastical authority are examined pretty much at large.

See Mr. Le Mesurier's sequel to the Serious Examination, p. 38, &c. To what is there said no answer has ever been given. The opinion of these universities was about as much regarded by Pius VI. as the opinions of certain other universities respecting our Henry VIII's marriage was regarded by the Pope of that day. See also Melancthon's letter in the Prot. Advo. Vol. I. p. 366, where all these universities are shewn to have given opinion's the reverse of those returned to Mr. Pitt.

objections to this bill which we have declared most explicitly, still remain, makes nothing against our argument: we thought, and still think, that all Mr. Canning's and Mr. Grattan's notable expedients were perfectly nugatory, and gave no real security either to church or state, but this only shews the more plainly, what has been better said by others, as recorded in our pages, that the spirit of Popery is now become with us a spirit of party; a spirit iudeed of the most dangerous sort, even from its embodying and identifying itself with religious notions; but still a spirit of party; that Catholic emancipation is in fact only a stalking-horse under which revolutions are to be effected; general, and extending to the constitution according to the intent of some; partial, and affecting only the existing administration, as others flatter themselves. And this will account for the number of Protestants, who so foolishly lend themselves to the views of their irreconcileable enemies.

It is clear, therefore, and it must so be understood, that we are by no means prepared to adopt the arguments which Sir John C. Hippesley, and the Roman Catholics of England will build upon these documents. The successful interference of his Majesty in Canada and Malta with the ecclesiastical jurisdiction, does by no means persuade us that the same exercise of authority will sufficiently preserve us from any of the evils of Popery here at home. For in the first place, Canada and Malta are but small and detached parts of the British empire; they must follow the fate of the principal. But secondly, the form of government in them is in many respects absolute; they are conquered countries; they were formerly subject to despotic governments: they are accustomed therefore to feel and even approve acts of authority, which with us would not be tolerated. This makes it no difficult task to repress factions and to crush sedition. But with us the case is different. Our constitution is highly free, and its freedom is established in confirmed habits. The forms and laws which were very properly instituted for the protection of innocence, often afford security and impunity to the guilty. We are therefore constrained to deal more largely in precautions than is usual with arbitrary governments. As with us the road to power and influence is open to all, and no man, when once entered, can be stopped in his career by such summary means as despots use, preventative measures become necessary with

respect to those whose principles may be dangerous to the state; and hence have arisen our test-acts and disabling statutes: SAFEGUARDS these, which having for their object to exclude from power only, those who must naturally and necessarily wish to use that power for the subversion of the constitution, can never be parted with as long as any such description of persons exist.

N. B. We print the following documents in the order in which we have referred to them.

IV.-The 3d, 4th, 20th, 21st, and part of the 56th Paragraphs of the Instructions to Guy Carleton, Esq. Captain General and Governor in Chief in and over the Province of Quebec; dated 3d January 1775.

3d. And you are with all due and usual solemnity to cause our said commission to be read and published at the said meeting of our council, which being done, you shall then take and also administer to each of the members of our said council (not being a Canadian professing the religion of the church of Rome) the oaths mentioned in an act passed in the first year of the reign of his Majesty King George the First, intituled,

an act for the further security of his Majesty's person and government, and the succession of the crown in the heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors," as altered and explained by an act passed in the sixth year of our reign, intituled, "ap act for altering the oath of the abjuration, and the assurance, and for amending so much of an act of the seventh year of her late Majesty Queen Anne, intituled an act for the improvement of the union of the two kingdoms,' as after the time therein limited requires the delivery of certain lists and copies therein mentioned, to persons indicted of high treason or misprision of treason;" as also make and subscribe and cause them to make and subscribe the declaration mentioned in an act of parliament made in the twenty-fifth year of the reign of King Charles the Second, intituled, " an aot for preventing dangers which may happen from Popish Recusants;" and you and every one of them are likewise to take an oath for the due execution of your and their places and trusts, with regard to your and their equal and impartial administration of justice; and you are also to take the oath required by an act passed in the seventh and eighth years of the reign of King William the Third, to be taken by governors of plantations, to do their utmost that the laws relating to the plantations be obgerved.

4th. And whereas by an act passed in the fourteenth year of our reign, intituled, an act for making more effectual provision for the government of the province of Quebec in North America," it is enacted and provided, that no person professing the religion of the church of Rome, and residing in the said province, shall be obliged to take the oath of supremacy required by an act passed in the first year of the reign of Queen

Elizabeth, or any other oaths substituted by any other act in the place thereof; but that every such person, who by the said statute is required to take the oaths therein mentioned, shall be obliged, and is thereby required, under certain penalties, to take and subscribe au oath, in the form and words therein prescribed and set down: it is therefore our will and pleasure, that you do administer to each and every member of our said council, being a Canadian and professing the religion of the church of Rome, and cause each of them severally to take and subscribe the oath mentioned in the said act passed in the fourteenth year of our reign, intituled, an act for making more effectual provision for the government of the province of Quebec in North America ;" and also cause them severally to take an oath for the execution of their places and trusts, and for their equal and impartial administration of justice.

"20th. The establishment of proper regulations in matters of ecclesiastical concerns is an object of very great importance, and it will be your indispensable duty to lose no time in making such arrangements in regard thereto, as may give full satisfaction to our new subjects in every point in which they have a right to any indulgence on that head; always remembering, that it is a toleration of the free exercise of the religion of the church of Rome only to which they are entitled, but not to the powers and privileges of it as an established church, for that is a preference which belongs only to the Protestant church of England.

"21st. Upon these principles therefore, and to the end that our just supremacy in all matters ecclesiastical as well as civil, may have its due scope and influence, it is our will and pleasure,—

"

First. That all appeals to or correspondence with any foreign ecclesias. tical jurisdiction, of what nature or kind soever, be absolutely forbidden under very severe penalties.

"Secondly. That no episcopal or vicarial powers be exercised within our said province, by any person professing the religion of the church of Rome, but such only as are essentially and indispensably necessary to the free exercise of the Romish religion; and in those cases not without a licence or permission from you under the seal of our said province, for and during our will and pleasure, and under such other limitations and restrictions as may correspond with the spirit and provision of the act of parliament "for making more effectual provision for the govern ment of the province of Quebec ;" and no person whatever is to have holy orders conferred upon him, or to have the cure of souls, without a licence for that purpose first had and obtained from you.

"Thirdly. That no person professing the religion of the church of Rome be allowed to fill any ecclesiastical benefice, or to have or enjoy any

of the rights or profits belonging thereto, that is not a Canadian by birth (such only excepted as are now in possession of any such benefice) and that is not appointed thereto by us, or by or under our authority, and that all right or claim of right in any other person whatever to nominate present or appoint to any vacant benefice, other than such as may lay claim to the paironage of benefices as a civil right, be absolutely abolished. No person to hold more than one benefice, or at least not more than can reaaonably be served by one and the same incumbent.

"Fourthly. That no person whatever professing the religion of the church of Rome, be appointed incumbent of any parish, in which the majority of the inhabitants shall solicit the appointment of a Protestant minister; in such case the incumbent shall be a Protestant, and entitled to all tythes payable within such parish. But nevertheless the Roman Catholics may have the use of the church, for the free exercise of their religion, at such time as may not interfere with the religious worship of the Protestants: and in like manner the Protestant inhabitants in every parish, where the majority of parishioners are Roman Catholics, shall, notwithstanding, have the use of the church for the exercise of their religion, at such times as may not interfere with the religious worship of the Roman Catholics.

Fifthly. That no incumbent professing the religion of the church of Rome, appointed to any parish, shall be entitled to receive any tythes for lands or possessions occupied by a Protestant, but such tythes shall be received by such persons as you shall appoint, and shall be reserved in the hands of our receiver general as aforesaid, for the support of a Protestant clergy in our said province, to be actually resident within the same and not otherwise, according to such directions as you shall receive from us in that behalf. And in like manner all growing rents and profits of a vacant benefice shall, during such vacancy, be reserved for and applied to the like uses.

"Sixthly. That all persons professing the religion of the church of Rome, which are already possessed of or may hereafter be appointed to any ecclesiastical benefice, or who may be licenced to exercise any power or authority in respect thereto, do take and subscribe before you in coun cil, or before such person as you shall appoint to administer the same, the oath required to be taken and subscribed by the aforesaid act of parlia ment, passed in the fourteenth year of our reign, intituled," an act for making more effectual" provision for the government of the province of Quebec in North America."

"Seventhly. That all incumbents of parishes shall hold their respective benefices during good behaviour, subject however, in cases of any con