Page images
PDF
EPUB

The number of votes given, as declared by the Returning Officer, on the 30th of July, 1847, were :For Lord John Russell...... 7,137.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

The first four-named Candidates were, after a rigid scrutiny, declared by the Returning Officer duly elected the Parliamentary Representatives for the City of London.

Notwithstanding the unquestionable legality of Baron de Rothschild's return,-yet, as all Members of Parliament are required to take the oath of abjuration, —as that oath concludes with the words, " on the true faith of a Christian ;" and further, as Baron de Rothschild, being a member of the Jewish persuasion, could not take the oath according to that form; it has been considered that he could not take his seat in the House of Commons*.

*It is only just to state that the British Legislature has never collectively decided that Jews cannot sit in Parliament; and as regards Baron de Rothschild's case, it may be observed that, as yet, the honourable Member for London has not claimed to take his seat in the House of Commons. His reason for pursuing this course is said to be, in deference to a desire entertained to obtain if possible a declaratory statute relative to the rights of the Jews, in order to prevent frivolous or vexatious objections being taken in future to the Parliamentary election of any member of the Hebrew persuasion.

E

To obviate this alleged difficulty, Lord John Russell, on the 16th of December, 1847, moved in the House of Commons:-"That the House should resolve itself into a Committee on the removal of the Civil and Religious disabilities affecting Her Majesty's Jewish Subjects." On that occasion, his Lordship enunciated the following, amongst other reasons, in support of the motion :

6

6

[ocr errors]

"I place the question upon this simple, but, I think, solid ground that every Englishman is entitled to the honours and advantages which the British Constitution gives. I state further, that religious opinion, of itself, ought to be no disqualification for the enjoyment of those rights. I found myself on a declaration in one of the statutes of the law of England, The laws of England are the birthright of the people thereof.' I found myself on a declaration made in the House of Lords, during the discussions on the Conformity Bill,- The Lords think that an Englishman cannot be reduced to a more unhappy condition, than to be put by law ander an incapacity of serving his prince and country; and, therefore, nothing but a crime of the most detestable nature ought to put him under such a disability.' I say, then, that on this ground, unless something shall be proved to disqualify Jews, they stand in the position of persons born in this country, bearing all the burdens which are imposed on them, and ready to serve their prince and their country in any capacity in which they may be called upon; and that, therefore, they are entitled to all the rights and privileges enjoyed by their fellow-subjects. I state this with con

fidence; and I will not attempt to ask your favour by anything which I might urge in behalf of the merits of the Jews. I think this is not a matter of favour towards the Jews, but that, unless some strong ground of disqualification be proved against them, it is a matter of right. The common law of this country was not framed in favour of Christianity, but for the protection of what was then the Established Church of the realm. But in the course of time the Reformation came; various sects arose; the Reformation was triumphant, and the Church of England became a Protestant Church. But heretics still continued to be punished; and, in the reign of Elizabeth even, persons were sent to the flames on account of heresy.

In the course of time there arose a new distinction,—a distinction founded, not upon religious belief, but mainly upon political differences. The Roman Catholics of that day, thinking that they had no chance of supremacy under Elizabeth or James I, entered into repeated conspiracies with a view to change the succession of these realms. I am asking your attention on this point, because it was at that time that the words were introduced on the true faith of a Christian.' In the time of Elizabeth it was necessary that the oath of allegiance should be taken on the four Evangelists, which the Jews, a despised and neglected race, could not take. But I will beg to read to you the preamble of an Act which is the first

I can discover in which the words

of a Christian' were introduced,

[ocr errors]

on the true faith

the Act 3, James I,

c. 4, entitled 'An Act for the better Discovering and

Repressing of Popish Recusants.'

states,

The preamble

• Forasmuch as it is found, by daily experience, that many of His Majesty's subjects that adhere in their hearts to the Popish religion, by the infection drawn from thence, and by the wicked and devilish counsel of Jesuits, Seminaries, and other like persons dangerous to the Church and State, are so far perverted, in the point of their loyalties and due allegiance unto the King's Majesty and the Crown of England, as they are ready to entertain and execute any treasonable conspiracies and practices, as evidently appears by that more than barbarous and horrible attempt to have blown up with gunpowder the King, Queen, Prince, Lords, and Commons, in the House of Parliament assembled, tending to the utter subversion of the whole State, lately undertaken, by the instigation of Jesuits and Seminaries, and in advancement of their religion, by their scholars, taught and instructed by them to that purpose, which attempt by the only goodness of Almighty God was discovered and defeated.'

"And Section 15 prescribes the oath of obedience: -'I swear from my heart, that notwithstanding any declaration or sentence of excommunication or deprivation made or granted, or to be made or granted, by the Pope or his successors, or by any authority derived or pretended to be derived from him or his see, against the said King, his heirs or successors, or any absolution of the said subjects from their obedience, I will bear faith and true allegiance to His Majesty, his heirs and successors, and him and them will defend to the utter

most of my power against all conspiracies and attempts whatsoever which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise, and will do my best to disclose and make known unto His Majesty, his heirs and successors, all treasons and traitorous conspiracies which I shall know or hear of to be against him or any of them. And I do further swear, that I do from my heart abhor, detest, and abjure as impious and heretical this damnable doctrine and position, that princes which be excommunicated, or deprived by the Pope, may be deposed or murdered by their subjects, or any other whatsoever. And I do believe, and in my conscience am resolved, that neither the Pope nor any other person whatsoever hath power to absolve me of this oath, or any part thereof, which I acknowledge, by good and full authority, to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge, and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever; and I do make this recognition and acknowledgment heartily, willingly, and truly, upon the true faith of a Christian.'

"In the seventh year of James I, another Act was passed, by which Members of Parliament were required to take the oath of allegiance according to the oath in 3 Jac. I, c. 4, s. 15, that is, upon the true

« PreviousContinue »