§ Viscount Duncannon moved the second reading of the above Bill, the object of which was to enable individuals to fill certain municipal offices by making a declaration instead of taking an oath.
§ The Duke of Wellingtonopposed the motion. He was astonished that a Bill of so much importance, and which affected a great principle, should have passed the House of Commons with scarcely any observation. Their Lordships were taken by surprise, and he would not consent, at this late period of the Session, to proceed with the measure. He should, therefore, move, that the Bill be read a second time this day three months.
Lord Hollandhoped, that the indulgence meant to be extended to individuals by this measure would not be refused, and that their Lordships would proceed with the second reading.
§ Lord Wynfordcould not agree to the measure. It was opposed to the principle on which the Test and Corporation Repeal Act was founded. The declaration required by that Bill was, on "the true faith of a Christian," which emphatic expression was omitted here.
The Archbishop of Canterburyexpressed his entire concurrence in what had been said by the noble Duke and the noble and learned Lord. He was convinced, that when those words were used in the Test and Corporation Repeal Act, they were intended as a religious test, and he did not think that any man who was a Christian could object to them.
The Marquess of Buteobjected to a Bill of so much importance being brought before their Lordships at so late a period of the Session, when it was impossible to give it that discussion which it required; but as it was before their Lordships, he felt that he could not refuse to assent to its principle. There were, however, parts of it to which he had objections, and those objections might possibly be removed in 1246 Committee. If, therefore, the House divided, he would vote for the second reading. He owned that he saw no ground for calling on the name of God, or for any such solemn declaration "on the true faith of a Christian," on the acceptance of a civil office. When the party taking office, made a simple declaration that he would do all in his power to maintain religion, as by law established, it was quite enough, without making a solemn appeal to God. He thought the "declaration" would be much better without the words "in the presence of God, and on the true faith of a Christian," and he took blame to himself, that at the time of the passing of the Test and Corporation Repeal Bill, he did not endeavour to have those words modified. Considering the change which municipal corporations had recently undergone, such a declaration was less necessary than before. Corporations were now little more than commissioners for watching, paving, and lighting their respective towns, and the great object in the selection was, to get the most fit and proper persons for that purpose. Surely, it was not necessary that men chosen for such a purpose, should make a solemn declaration "in the presence of God, and on the true faith of a Christian." He regretted that this Bill had not come up to their Lordships at an earlier period, and he thought if there was any ground for refusing the Bill, that would be a good one, though, as he had said, he did not intend to avail himself of it. If he were disposed to oppose the Bill, he should not feel deterred by the remarks made about their Lordships throwing out Bills. He thought that they would consult the advantage of the country, if they rejected many other Bills, which had been sent up to them, in order to correct the present practice of sending up a number of important Bills, at a period of the Session, when it was impossible to give them mature consideration. Here were a parcel of Bills laid on their Lordships' table in the middle of August when, as he had said, it was impossible to have them discussed with advantage. Such a system, would, however, he had no doubt, effect its own cure.
§ Their Lordships divided on the original motion: Contents 27; Not-contents 43: Majority 16.
1247| List of the CONTENTS. | |
| Lord Chancellor | Minto |
| DUKES. | VISCOUNTS. |
| Argyll | Melbourne |
| Leinster | Duncannon |
| MARQUESSES. | Falkland |
| Lansdowne | BARONS. |
| Headfort | Saye and Sele |
| Queensberry | Dinorben |
| Westminster | Ducie |
| Bute | Mostyn |
| EARLS. | Barham |
| Albemarle | Strafford |
| Chichester | Foley |
| Charlemont | Gardner |
| Ilchester | Templemore |
| Leitrim | Holland |
Bill read a second time.
§ Bill put off for three months.