validity of their marriages, that there fhould be an entry of them in the register of the parish, or to any other regular authentication of their marriages, which government can reasonably require. III. 7. Though His Majefty's armies and fleets are filled with Roman catholics, not only no provifion is made for the religious duties and comforts of Roman catholic foldiers and failors, but by the Articles of War, they are liable to the very heaviest pains and punishments for refufing to join in those acts of religious worship, which a Roman catholic confiders to amount to an exterior dereliction of his faith, and a compliance with which, they therefore feel a religious torture. By the Articles of War, fec. 1. if any foldier abfents himself from Divine Service and Sermon, in the place appointed, he is liable, for the first offence, to forfeit 12 d.; and for the fecond, and every other offence to forfeit 12 d. and be put in irons; and by the fame articles, fection 2. art. 5. "if he fhall difobey any lawful com"mand of his fuperior officer," (and, of course, if he fhall difobey any lawful command of his fuperior officer to attend Divine Service and Sermon)," he shall suffer death, "or fuch other punishment as by a general court martial fhall be awarded." III. 8. The operation of the Test Act, of the Articles of War, and of the Mutiny Act, in the inftances we have mentioned, fo far as they reSpect Irish Roman catholic officers, foldiers, and failors, failors, deferves particular confideration. The Irish act of 1793 admitted catholics into military employments with certain exceptions. "It was reprefented to government," fays Mr. Henry Parnell, in his invaluable History of the penal laws against the Irish catholics, p. 127, "that, as its powers could not extend out of "Ireland, and as all Irish Catholic foldiers, "failors and officers were uniformly employed 66 on fervices out of Ireland, it was neceffary "that, in order to give it any useful effect in "this refpect, the English act of the 1ft of "Geo. the 1ft, which prohibits catholics from "filling any military fituation, fhould be re pealed. In answer to their application, the "catholics were informed by Lord Hobart, "that fuch a measure would be immediately adopted, and the letter of the Secretary of "State was fhewn to them, containing the "promise of the English Government. In "the houfe of Lords, when, upon the debate "of this act, Lord Farnham propofed an "amendment to the claufe relating to the military offices, `by rendering its operation "conditional, until England fhould pafs a "fimilar law, the Chancellor lord Clare op"pofed it, for, faid he, it could not be fuppofed that His Majefty would appoint a man to fuch a poft until the laws of the empire "fhould qualify him to act in every part of it: " and that it was more than probable that a "fimilar law to this would be adopted in "England before the expiration of two months; and, on this ground, the amendment would be wholly unneceflary. "Fourteen "Fourteen years, however," continues Mr. Parnell, (writing in 1807), "were allowed to pafs by without any fuch law having been "attempted to be adopted in England; and "when the late minifters fought to rescue the 66 plighted truth of their predeceffors from “well merited reproach, they were accufed "of an attempt to fubvert the established "church, and driven from the councils of " His Majefty." Such are the penal laws, under which the Roman catholics of England ftill labour :— They have prefented a petition* to both Houfes of Parliament, for their repeal; and they confide in their justice and humanity that it will receive a full and benign difcuffion. But they hope the time will speedily arrive, when the Imperial Parliament of the United Empire, will take the nature extent and operation of thefe laws into confideration, and by repealing them, admit their Roman catholic brethren to the free enjoyment of that conftitution, in the fupport of which, by their lives, their fortunes, and their industry, they contribute in common with their fellow subjects. * See Appendix. |