RECON A ' HISTORY OF THE PENAL LAWS AGAINST THE miSH CATHOLICS, FROM THE TREATY OF LIMERICK TO THE UNION, By henry PARNELL, Esq. ]\L P. " He felt it his duty to declare fully his sentiments on these points, be- " cause he looked upon his Roman Catholic brethren as fellow subjects and " fellow Christians, believers in the same God, and partners in the same " Redemption. Speculative differences in some points of faith from him, " were of no account, they and he had but one religion— the religion of ♦' Christianity. Therefore, as children of the same father, as travellers in " the same road, and seekers of the same salvation, why not love each other " as brothers ? It was no part of Protestantism to persecute Catholics, and " without justice to the Catholics there could be no security for the Protes- " tant Establishment." Vide Speech of Dr. Lava, Bishop of Elphin, on the Catholic Bill of \193. " If any one should contend that this is not the time for Government to " make concessions to Ireland, I wish him to consider, whether there is any " time in which it is improper for either individuals or nations to dojustice, " any season improper for extinguishing animosity, any occasion more suit- " able than the present, for putting an end to heart-buruings, and internal " discontent." Vide Speech intended to be spoken by Dr. fVatson, Bishop vfLlandaff, November 23, 1803. DUBLIN: PRINTED BY H. FITZPATRICK, 4, CAPEL-STREET. 1808. HISTORY PENAL LAWS, cJ'C. SfC. WILLIAM IlL When James abdicated the Throne of Eng- land, he retired to France, to folicit the aid of Louis XIV. to enable him to fecure the pofTefTion of Ireland, where he was ftill acknowledged as the lawful Sovereign. On the 1 2th of March, 1689, James landed at Kinfale with about 1200 of his own fubje^ls in the pay of France, and 100 French officers. He was received with open arms, and the whole country feemed to be de- voted to him, for although the Proteilants in the North had declared for the new Government, their flrength and number were inconfiderable, when compared with the forces of the Lord Deputy Tyrconnel. This Minifter had difarmed all the other Proteftants in one day, and aflem- B bled f 160 bled an army of 30,000 foot and 8000 cavalry.* AddrefTes were poured in upon James from all orders of the people. The eftablifhed clergy among the reft congratulated him upon his arri- val, a certain fign that his chance of fuccefs was not contemptible. James continued to govern Ireland, without any interruption from William, till the 13th of Au- gufl,t when Schomberg landed at Belfaft with an Englifh army of 10,000 men. To oppofe him, James colle£led his forces amounting to 30,000 at Drogheda.J: Schomberg who had arrived at Dundalk thought it prudent to advance no farther ; and inftead of reducing Ireland, after having loft one half of his army by ficknefs, lie at the end of the campaign was under the ne- ccftity of entrenching himfelf againft an enemy, which he had been taught in England to defpife, and of confining his operations to the protection of ihe Northern Province. § On the 14th of June in the year following, William landed with reinforcements at Carrick- fergus. His military genius as well as the dif- traifled '' Smollct, 1 36. t Iceland, v. 3. b. G. c 6. | lb. § lb. trailed flate of England, and the formidable pre- parations of France, inclined him to a vigorous profeciition of the war in Ireland.* He advanced towards Dublin with an army of 36,000 men. James colle^ed his forces amounting to 33,000 at Drogheda, and by an unaccountable infatuation refilled the advice of his General Officers to aft on the defeafive agaiiifl: William ; who would tjien have had to contend at the fame time againfi; a threatened foreign invafion of Britain, the infurreftion which his own fubjefts were plotting, and the difficulty of maintaining his IriQi army in an unfriendly climate without provifions or fuccours. Though William obtained a decided vi£lory at the Boyne, the Irilh army had fought with courage and obdinacy j and, in confequence of having at one time repulfed the centre of the Englifti army, were able to retire in good order, with the lofs of only 1500 men. 'I' The fubfe- quent defeat of General Douglas before Athlone, and of y/illiara himfelf before Limerick, left James at the end of the campaign in poflcfrion JB 2 of * Leiandj v. 3. b. 6. c 6. + lb. of nearly one half of Ireland, and well fupported by an army inured to war and commanded by able and experienced Generals. William experienced ftill greater embarrafTments on the Continent and in England. A vidlory had been gained by Lux- emburgh, in Flanders, over Prince Waldeck and the confederate army ; Tourville had defeated the united fleets of England and ?lolland j and great dejection and difcontent was vilible among all his Britifli fubje<5ls. William having returned to England in the autumn of 1690, General Ginckle, with an army inferior to that of St. Ruth, who now commanded the Irifli forces, commenced the campaign by the capture of the fort of Baltimore. Having afterwards taken Athlone, and defeated St. Ruth at the battle of Aughrim, he laid fiege to Limerick on the 25th of Augufl, 1691. The fortifications had been flrengthened {mce William was repulfed before it in the preceding year ; the garrifon was healthy, well fupplied, and in numbers equal to the afldilants, and ftrong fuccours were daily ex- pe^ed from France*. The befiegers, on the other hand, were too few for the undertaking, the * Leland, v. 3. b. 6. c. 6- the feafon of the year was far advanced, and they had no cxpe<^ations of receiving any reinforce- ments. Week pafled away after week without Ginckle's obtaining any advantage over the befieged ; at length he made a lodgment on the oppofite fide of the Shannon. Bur, notwithftanding this fuc- cefs, it was debated whether the fiege fhould be carried on, or converted into a blockade j fuch were the difficulties forefeen in reducing the town. It was dangerous for the befiegers to con- tinue in their prefent flation on the approach of winter, and hazardous to divide an army fufficient only for afTailing the town on one fide ; and yet the only eiFe£lual way of reducing it was to invell it on all fides, by cutting off the garrifon from all intercourfe with the county of Clare*. William, in the mean time, was fo fenllble of the neceffity of obtaining the furrender of the Irifti army, in order to fccure his newly acquired throne, and the fuccefs of the revolution, that he fent inftruclions to the Lords Juftices to iffue a proclamation, offering to the Catholics flill more liberal * Leland, v. 3. b. 6. c- 6. Jiberal terms than thofe which they afterwards accepted ; and he j^ave Ginckle urgent directions to terminate the war on any conditions*. For^ innately, however, for William and the revolution party, but moft unfortunately, as events havefince proved, for the Catholics, the garrifon of Limerick beat a parley on the 29th day of the fiege. A cefTation of three days was granted ; and, on the lafl: day of it, the Irilh Generals propofed terms of capitulation. They required an mSt of indemnity for all paft offences, with a full enjoyment of the eftates they poffcffed before the prefent revolu- tion, freedom for the Catholic worfhip, with an cftabliffiment of one Romifli ecclefiaflic in each parilh. They alfo required, that Catholics fliould be declared fully qualified for every ofBce, civil and military j that they fliould be admitted into all corporations ; and, that the Iriih army fliould be kept up and paid in the fame manner with the King's other troops, provided they were willing to fervtf . Ginckle refufed to accede to their pro- pofal ; * Leland, v. 3. b. 6. c. 6. and Harris's Life of Williani, p. 372. This was called the fccret proclamation, becaufe, though printed, it never was publifhed, in confecjuence of the Lordj Juflices being informed of the inclination of the garrifon to treat for their furrcndcr. t Ltland, ibid. pofal ; but being defired to offer fugh terms as he could grant, he confented to conditions which Avere accepted by the garrifon, and which arc contained in the following civil and military ar» tides. Three days after they were figned, the French fleet arrived in Dingle Bay. THE CIVIL AND MILITARY ARTICLES of LIMERICK. Exactly printed from the Letters Patents; wherein they are ratified and exemplified by their Majefties, un- der the Great Seal of England. CjrULIELMUS & Maria, Dei gratia, Anglias, Scotia;, Franciae & Hiberniae Rex et Regina, Fidei Defenfores, &c. Omnibus ad quos prscentes literce noftrae perve- nerint falutem : infpeximus irrotulament. quarund. literarum patentium de confirmatione, geren. dat. apud Weftmonafterium vicefimo quarto die Februarii, ultimj prceteriti in canccUar. noftr. irrotulat. ac ibidem de recordo remanen, in haec verba. William and Mary, by the grace of God, &rc. To ail to whom thefe prefents (hall come, greeting. Whereas certain articles, bearing date the third day of Oiflober laft.palf, made and agreed on between our juftices of our kingdom of Ireland, and our general of our forces there on the one part ; and feveral officers there, commanding with- in the city of Limerick, in our faid kingdom, on the other part. V/hereby our faid juftices and general did undertake that we Ihvuld ratify thofe articles, within the the fpace of eight months, or fooner ; and ufc theit utmoft endeavours that the fame fhould be ratified and confirmed in parliament. The tenor of which faid articles is as follows, viz. ARTICLES AfiREED UPON THE THIRD DAY OF OCTOBER, ONE THOUSAND SIX HUNDRED ANU NINETY-ONE. Between the Right Honourable Sir Charles Porter, Knight, and Thomas Coningfby, Efq. Lords Jufticcs of Ireland; and his Excellency the Baron De Ginckie, Lieutenant General, and Commander in Chief of the Englifti Army ; on the one Part : And the Right Honourable Patrick Earl of Lucan, Piercy, Vifcount Gallmoy, Colonel Nicholas Puree), Colonel Nicholas Cufack, Sir Toby Butler, Colonel Garret Dillon, and Colonel John Brown ; on the other Part : In the behalf of the Irifh Inhabitants in the City and County of Limerick, the Counties of Clare, Kerry, Cork, Sligo, and Mayo. In confideration of the Surrender of the City of Lime- jick, and other Agreements made between the faid Lieutenant General Ginckie, the Governor of the City of Limerick, and the Generals of the Irifh army, bearing date with thefe Prefents, for the Surrender of the City, and Submiffion of the faid Army: it is agreed, That, I. 1 HE Roman Catholics of this kingdom fliall enjoy fuch privileges in the exercife of their religion, as arc confident with the laws of Ireland ; or as they did enjoy in the reign of King Charles the Second : and their their Majeftics, as foon as their affairs will permit them to fuinmon a Parliament in this kingdom, will endea- vour to procure the faid Roman Catholics fuch farther fecurity in that particular, as may preferve them from any dijiurbance upon the account of their faid religion. II. All the inhabitants or refidcnts of Limerick, or any other garrifon now in the pofTefTion of the Irifh, and all officers and foldiers, now in arms, under any commilTiOQ of King James, or thofe authorifed by him, to grant the fame in the fevcral counties of Limerick, Clare, Kerry, Cork, and Mayo, or any of them ; and all the commifTioned officers in their Majeftics quarters, that belong to the Irifh regiments, now in being, that arc treated with, and who are not prifoners of war, or have taken protection, and who ffiall return and fubmit to their Majefties obedience; and their and every of their heirs, ihall hold, poflefs, and enjoy, all and every their eftates of freehold and inheritance ; and all the rights, titles and intereft, privileges and immunities, which they, and every or any of them held, enjoyed, or were rightfully and lawfully intitled to in the reign of King Charles II. or at any time fmce, by the laws and ftatutes that were In force in the faid reign of King Charles 11. and (hall be put ia poITeffion, by order of the government, of fuch of them as are in the King's hands, or the bands of his tenants, without being put to any fuit or trouble therein ; and all fuch eftates (hall be freed and dif- charged from all arrears of crown-rents, quit-rents, and other public charges, incurred and become due fjnce Michaelmas 1688, to the day of the date hereof : and a'.l perfons comprehended in this article, ffiall have, hold, and enjoy all their goods and chatties, real and c pjrfonal, 10 pcrfonal, to them, or any of them belonging, and icmainiDg either in their own hands, or in the hands of any perfons whatfoever, in truft for, or for the ufe of them, or any of them : and all, and every the faid perfons, of what profeffion, trade, or calling foevcr they be, fliall and may ufe, exercife, and praQife their feveral and refpeftive profefTions, trades and callings, as freely as they did ufe, exercife, and enjoy the fame in the reign of King Charles II. provided that nothing in this article contained be conflrued to extend to, or reflore any forfeiting perfon now out of the kingdom, except what are hereafter comprifed ; provided alfo, that no perfon whatfoever fhall have or enjoy the benefit of this article, that fhall negleft or rcfufe to take the oath of allegiance,* made by aft of Parliament in England, in the firfl year of the reign of their prefect Majefties, when thereunto required. III. All merchants, or reputed merchants of the city of Limerick, or of any other garrifon now pofleffed by the Irifh, or of any town or place in the counties of Clare or Kerry, who are abfcnt beyond the feas, that have not bore arms fince their Majefties declaration in February 1688, ftiall have the benefit of the fecond article, in the fame manner as if they were prefent ; provided fuch merchants, and reputed merchants, do repair into this kingdom within the fpacc of eight months from the date hereof IV. The following officers, viz. Colonel Simon Lut- terel. Captain Rowland White, Maurice EuOace of Yermanftown, * \ yi. B. do fincerely promife and fwcar, that I will be faithful, and bear true Allegiance to their Majeflies King William and Queen Mary. 00 help mc God. 11 Yermtnftowa, Chieveas of Mayftown, commonly called Mount- Leioller, now belonging to the regiments ia the aforefaid garrifons and quarters of the Irifh army, who were beyond the feas, and fent thither upon affairs of their refpci^ive regiments, or the army in general, {hail iiave the benefit and advantage of the fecond article, provided they return hither within the fpace of eight months from the date of thefe prefents, and iubmit to their Majefties Government, and take the above-mentioned oath. V. That all and fingular the faid perfons comprifed in the fecond and third articles, fhall have a general pardon of all attainders, outlawries, treafons, mifpri- fions of treafon, premunires, felonies, trefpafles, and other crimes and mifdemeanours whatfoever, by them, or any of them, committed fince the beginning of the reign of King James II. and if any of them are attainted by Parhament, the Lords Juftices, and General, will ufe their beft endeavours to get tiie fame repealed by Parliament, and the outlawries to be reverfed gratis, ail but writing-clerks fees. VI. And whereas thefe prefcnt wars have drawn on great violences on both parts ; and that if leave were given to the bringing all forts of private anions, the animofities would probably continue that have been too long on foot, and the public difturbances laft : for the quieting and fettling therefore of this kingdom, and avoiding thofe inconveniencies which would be the neceflTary eonfequence of the contrary, no perfon or perfons whatfoever, comprifed in the foregoing articles, fhall be fued, molefted, or impleaded at the fuit of any party or parties whatfoever, for any trefpafles by the n c 2 committed, 12 committed, or for any arms, horfes, money, goods, chatties, merchandizes, or proviijons whatfoever, by them feized or taken during the time of the war. And no perfoDor perfons whatfoever, in the fecond or third articles comprifed, (hail be fued, impleaded, or made accountable for the rents or mean rates of any lands, tenements, or houfes, by him or them received, or enjoyed in this kingdom, fince the beginning of the preftnt war, to the day of the date hereof, nor for any wafte or trefpafs by him or them committed in any fuch lands, tenements, or houfes : and it is alfo agreed, that this article fhall be mutual and reciprocal on both fides. VII. Every nobleman and gentleman comprifed in the fald fecond and third abides, (hall have liberty to lide with a fvvord, and cafe of piftois, if they think /it j and keep a gun in their houfes, for the defence of the flime, or for fowling. VIII. The inhabiiants and refidents in the city •£ Limerick, and other garrifons, fliall be permitted to remove their goods, chatties and provifions, out of the fame, without being viewed and fearched, or paying any manner of duties, and fhall not be compelled to leave the houfes or lodgings they now have, for thv' fpace of fix weeks next enfuing the date hereof. IX. The oath to be adminiftercd to fuch Roman Catholics as fubniit to their Majefties Government, flial! be the oath abovcfaid, and no other, X. No pcrfon or perfons who fliall at any time hereafter break thefe articles, or any of them, fliall thereby 13 thereby make, or c^infc nny other perfon cr perfons tfi> forfeit or lofe the benefit of the fame. XI. The Lords Juftices and General no promlH^ to ufe their utmoft endeavours, that all the perlons com- prehended in the above-mentioned articles, fliall be prote<5led and defended from all ..nefrs and executions for debt or damage, for the fpace of eight months next vcnfuing the date hereof. XII. Laftly, the Lords Juftices and General do un- dertake, that their Majeflics will ratify thefe articles within the fpace of eight mont'ns, or fooner, and ulc their utmoft endeavours that the fame fhall be ratihcd and confirmed in Parliament. XIII. And whereas Colonel John Brown ftood In- debted to feveral Prot-cftants, by judgments of record, which appearing to the late Government, the Lord Tyrconnel, and Lord Lucan, took away the eflfefts the faid John Brown had to anfwer the faid debts, and promiled to clear the faid John Brown of the faid debts •, which cffcifls were taken for the public ufe of the Irifh, and their army : for freeing the faid Lord Lucan of his faid engagement, paft on their public ac- count, for payment of the faid Proteftants, and for pre- venting the ruin of the faid John Brown, and for fatis- faftion of his creditors, at the inftance of the Lord Lucan, and the reft of the perfons aforeHiid, it is agreed, that the faids Lords Juftices, and the faid Baron Dc Ginckle, ftiall intercede with the King and Parliament, to have the eftates f«cured to R )man Catholics, by articles and capitulation in this kingdom, charged with, and equally liable to the payment of {o much of the faid 14 faid debts, as the faid Lord Lucan, upon flating ac- counts with the faid John Brown, (hall certify under his hand, that the efftfls taken from the faid Brown amount unto; which accompt is to be Rated, and the balance certified by the faid Lord Lucan in one and twenty days after the date hereof: For the true performance hereof, we have hereunto fet our hands, Present, CHAR. PORTER. ^CRAVEXMORE. THOS. COxMNGSBY. H. MACCAY. Bar. De GINCKLE. T. TALMASn. AND whereas the faid city of Limerick hath been fince, in purfuance of the f.id ar/icles, furrendered unto us. Now know ye, that we having confidered of the faid articles, are graciouQy pleaftd hereby to declare, that nve do for us^ our heirsy and fuccejforsy as far as in us lies, ratify and confirm the fame, and every claufe, matter, and thug therein contained. — And as to luch parts thereof, for which an aft of Par- liament fliail be found to be necefTary, we fhall recom- mend the fame to be made good by Parliament, and fhall give our royal afflnt to any bill or bills that Ihall be pafTed by our two houfes of Parliament to that pur- pofe. And whereas it appears unto us, that it was agreed between the parties to the fiiid articles, that after the words. Limerick, Clare, Kerry, Cork, Mayo, or any of them, in the fecond of the faid articles, the words following, viz. " And all fuch as are " under their protection in the faid counties," nioold be iofcrted, and be part of the faid articles. "U'hich 15 Which words having been cafually omitted by the writer, the omiffion was not difcovered till after the faid articles were figned, but was taken notice of before the fecond town was furrendered : and that our faid juftices and general, or one of them, did promife that the faid claufe fhould be made good, it being with- in the intention of the capitulation, and inferted in the foul draft thereof Our further will and pleafure is, and we do hereby ratify and confirm the faid omitted words, viz. " And all fuch as are under their protec- tion in the faid counties," hereby for us, our heirs and fucceflbrs, ordaining and declaring, that all and every perfon and perfons therein concerned, fhall and may have, receive, and enjoy the benefit thereof, in fuch and the fame manner, as if the faid words had been inferted in their proper place, in the faid fecond article; any omiffion, defeft, or miftake in the fiid fecond ar- ticle, in any wife notwithftanding. Provided alv/ays, ■and our will and pleafure is, that thefe our letters pa- tents (hall be enrolled in our court of Chancery, in our faid kingdom of Ireland, within the fpace of one year next enfuing. In witnefs, &rc, witnefs ourfcl: at Welt- minfter, the twenty-fourth day of February, anno regoi regis & reginsE Gulielmi & Marise quarto per breve de privato figillo. Nos autem tenorem premiffor. predi(ft. Ad requifitionem attornat. general, domini regis & do- minse reginse pro regno Hiberniae. Duximus exempli- ficand. per prefentes. In cujus rei tellimonium has literas noftras fieri fecimus patentes. Teftibus nobis ipfis apud Weilmon. quinto die Aprilis, annoq. regni corum quarto. BRIDGES. Examinat. C S. Keck. ") In Cancel, per nos (_ Lagom Wm. Childe. 3 Magillros 16 Military Articles agreed upon hdivecn the Barzn dc Gituhlef Lieutcnani General and Cotnnwnder in Chief of the hngiif) armyy on the one fide. Jf/d the Liftitennnt-Generals De UJp)';ti and De Teffty ComiTinnders in Chief of the Irijh armyy en the other; and the General (Officers hereunto fithfcrtbing. I That all pcrfons, wirhout any exceptions, of what quality or condition foever, that arc willing to leave the kingdom of Ireland, ihall have free liberty to go to any country beyond the feas (England and hcorbnd excepted; where they think fit, with their families, houfchold-ftuff, plate, and jewels. II. That all general officers, colonels, and generally a'i other officers of horfe, dragoons, and foot-guards, troopers, dragooncrs, foldiers of all kinds that are in any garrifon, place, or port, now in the hands of the Iri(h, orencan^ped in the counties of Cork, Clare, and Kerry, as alio thofe called Rapparecs, or volunteers, that are willing to go beyond feas as aforefaid, fhall have free leave to embark themftlves wherever the fhips are that are appointed to tranfport them, and to come in whole bodies as they are now compoftd, or in parties, companies, or oiherwife, without having any impediment, dirtiRiy or indiredlly. III. That all perfons above-mentioned, that are wil- ling lo leave Ireland and go into France, (hall have leave to declare it at the times and piaccb hereafter mentioned, viz. the troops in Limerick, on Tuefday next in Limerick i ihc horfe ;it their camp on Wcdnef- dat, 17 day, and the other forces that are dirperfed in the counties of Clare, Kerry, and Cork, on the 8th inlVant, 'and on none other, before Monficur Tameron, the French inttndant, and Colonel Withers; and after fuch delaration is made, the troops that will go into France muft remain under the command and difcipline of their officers that are to condua them thither ; and dcferters of each fid^ fhall be given up, and puniflied accordingly. IV. That all Englilh and Scotch officers that ferve now in Ireland, Ihall be included in this capitulation, as well for the fecurity of their eftates and goods in England, Scotland, and Ireland, (if they are willing to remain here), as for paffing freely into France, or any othc:r country to ferve. V. That all the general French officers, the intend- ant, the engineers, the commiflaries at war, and of the artillery, the treafurer, and other French officers, ftrangers, and all others whatfoever, that are in Sligo, Rofs, Clare, or in the army, or that do trade or com- merce, or are otherways employed in any kind of fta- tion or condition, (hall have free leave to pafs into France, or any other country, and (hall have leave to •fhip thcmfelves, vith all their horfes, equipage, plate, papers, and all their effe^fs whatever ; and that Gene- ral Ginckle will order paflTports for them, convoys, and carriages, by land and water, to carry them fafc from Limerick to the (hips where they fficill be cm- barked, without paying any thing for the faid carriages, or to thofe that are employed therein, with their horfes, cars, boats, and fliallops IX VI. That 18 VI. Thnt if any of the aforcfaid equipages, mer- chandize, horfcs, money, plate, or other moveables, or lioufchcld-rtnfFbcioDging to the faid Irifh troops, or to the French officers, or O'her particular pcrfons whatfo- cver, be robbed, deftroyed, or taken away by the troops of the faid General, the faid General will order it to be rcilorcd, or payment to be made according to the value that is given in upon oath 1^ the perfon fo robbed or plundered : and the faid Irifh tro' ps to be tranfport- ed ab aforcfaid : and all other pcrfons belonging to rhem, arc to obftrve good order in their march and quarters, and fhall reAorc whatever they fhall take from the Lountry, or make rellitution for the fame, VJI. That to facilitate the tranfporting the faid troops, the General will furnirti fifty (hips, each (hip's burthen two hundred tons ; for which, the perfons to be tranf- ported fhall not be obliged to pay, and twenty more, if there fhill be occafion, without their paying for them ; and if any of the faid (hips (hall be of lelTer burthen, he will furni(h more in number to countervail ; and alfo give two men of war to embark the principal officers, and ferve for a convoy to the velTcls of bur- then. VIII. That a commilTiry fliall be immediately fent to Cork to vifit the tranfport fliips, and what condition they are in for failing : and that as foon as they are ready, the troops to be tranfported fhall march with all convenient fpecd, the nearcit way, in order to embark there : and if there fhall be any more men to be tranf- ported than can be carried off in the faid fifty fhips, the reA ftiall quit the Englilh town of Limerick, and march tj 19 to fuch quarters as (hall be appointed for them, con- venient for their tranfportation, -where they fliall re- main till the other twenty fhips be ready, which are to be in a month ; and may embark on any French Ihip that may come in the mean time. IX. That the faid Hiips fliall be fnrniHied with forage for horfe, and all neceflary provifions to fubfifl: the officers, troops, dragoons, and foldiers, and all other perfons that are flaipped to be tranfportcd into France; which provifions fhall be paid for as foon as all are difembarked at Breft or Nantz, upon the coaft of Brit- tany, or any other port of France they can make. X. And to fecure the return of the faid fhips (the danger of the feas excepted) and payment for the faid provifions, fufficient holtages fhall be given. XI. That the garrifons of Clare-caftle, Rofs, and ail other foot that are in garrifons in the counties of Clare, Cork, and Kerry, fhall have the advantage of this pre- fent capitulation ; and fuch part of thofe garrifons as defiga to go beyond feas, (hall march out with their arms, baggage, drums beating, ball in mouth, match lighted at both ends, and colours flying, with all the provifions, and half the ammunition that is in the faid garrifons, and join the horfe that march to be tranf- portcd ; or if then there is not fhipping enough for the body of foot that is to be next tranfported after the horfe. General Ginckle will order that they be furnifh- cd with carriages for that purpofe, and what provi- fions they fhall want in their march, they paying for the faid provifions, or elfe that they may take it out of their own magazines. D 2 XII. That 20 XII. That all the troops of horfe and dragoons, that are in the counties of Cork, Kerry, and Clare, (hail alfo have the benefit of this capitulation i and that fuch as uill pafs into France, (hall have quarters given them in the counties cf Clare and Kerry, apart from the troops that are commanded by General Ginckle, until they can be fliippcd ; and within their quarters they (hall pay for every thing, except forage and pafture ior their liorfes, which (hall be furni(hed gratis. XIII. Thofe of the garrifon of Sligo that are joined to the Iri(h army, (hall have the benefit of this capitu- lation ; and orders (hall be fent to them that are to convey them up, to bring them hither to Limerick the i]iorte(\ way XIV. The Irifli may have liberty to tranfport nine hundred horfe, including horfes for the officers, whicli fhall be trarxfported gratis : and as for the troopers that Hay behind, they (hall difpofe of themfclves as they (hall think fit, giving up their horfes and arms to fuch pcrfons as the General (hall appoint. XV. It (hall be permitted to thofe that are appointed to take care for the fubfiftencc of the horfe, that are ■willing to go into France, to buy hay and corn at the King's rates wherever they can find it, in the quarters that are adigned for them, without any let or moleAa- tion, and to carry all nece(rary provifions out of the city of Limerick -, and for this purpofe, the General will furnifli convenient carriages for them to the placM where they (hall be embarked. XVI. It 21 XVI. It fhali be lawful to make ufe of the hay pre- fcrved in the ftores of the coun:y of Kerry, for the horfes that (hall be embarked •, and if there be not enough, it (hall be lawful to buy hay and oats where- ever it (hall be found, at the King's rates. XVII. That all prifoners of war, that were in Ire- land the 28th of September, (hall be fet at liberty on both fides ; and the General promifes to ufe his endea- vours, that thofe that are in England and Flanders (hall be fet at liberty alfo. XVIII. The General will caufe provifions and medi- cines to be furnifhed to the fick and wounded officers, troopers, dragoons, and foldiers of the Irifh army, that cannot pafs into France at the firll: cmbarkraent ; and after they are cured, will order them (hips to pafs int6 France, if they are willing to go.- XIX. That at the figning hereof, the General will fend a fliip exprefs to France; and that befides, he will furni(h two fmall (hips of thofe that are now in the river of Limerick, to tranfport two perfons into France that are to be fent to give notice of this treaty ; and that the commanders of the faid (hips (hall have orders to put a(hore at the next port of France where they (hall make. XX. That all thofe of the faid troops, officers, and others, of what charaflcr foever, that would pafs into France, (hall not be flopped upon the account of debt, •r any othci: pretext. XXI. If, oa XXI. If, after figning this prefcnt treaty, and before tlic arrival of the fleet, a French packet-boat, or other tranfpori-fhip, (hall arrive from France in any other part of Ireland, the General will order a paffport, not only for fuch as muft go on board the faid (hips, but to the (hips to come to the neareft port to the place where the troops to be tranfported fhall be quartered. XXII. That after the arrival of the faid fleet, there fliall be free communication and pifTage between it and the quarters of the above-faid troops ; and efpc- cially, for all thofe that have pa(res from the chief Commanders of the faid fleet, or from Monf Tameron the iotendant. XXIII. In confidcration of the prefent cipitulation, the two towns of Limerick (hall be delivered and put into the hands of the General, or any other perlbn he fhall appoint, at the time and days hereafter fpccified, viz. the Iri(h town, except the magazines and hofpital, on the day of the figning of thefe prefent articles •, and as for the Englifh town, it (hall remain, together with the illand, and the free pafTage of Thomond-bridgc, in the hands of thofe of the Iri(h army that arc now in the garrifon, or that (hall hereafter come from the counties of Cork, Clare, Kerry, Sligo, and other places above-mentioned, until there (hall be convenience found for their tranfportation. XXIV. And to prevent all diforders that may hap- pen between the gairifon that the General ftiall place in the Iri(h town, which (hall be delivered to him, and the Iriih troopers that (hall remain in the Englilh towa and 23 and the ifland, which they may do, until the troops to be embarked on the firO fifty fliips {hall be gone for France, iind no longer ; they fhall entrench themfelvcs on both fides, to hinder the communication of the fald garrifons •, and it (hall be prohibited on both fides, to offer any thing that is offenfive; and the parties offend- ing (hail oe punilhed on cither fide, XXV. That it (hall be lawfu' for the faid garrifon to march out all art once, or at different times, as they can be embarked, with arms, baggage, .drums heatings mutch lighted nt both ends, bullet in mouth, colours fixing, f:K brnfs guns, fuch as the bejieged ivill chufe, two mortar-pieces, and half the ammunition that it now in the magazines of the faid place ; and for this- purpofe an inventory of all the ammunition in the gar- rifon ihall be made in the prefcnce of any perfon that the General (hall appoint, the next day after thefe pre- fent articles fhall be ligned. XXVI. All the magazines of provifions fhall remain in the hands of thofe that are now employed to take care of the fame, for the fubfiftence of thofe of the Irifli army that will pafs into France : and if there fhall not be fufficient in the (lores, for the fupport of the faid troops, whilft they (lay in this kingdom, and are crof- ling the feas, that upon giving up an account of their numbers, the General will furnifh them with fufficient provifions at the King's rates; and that there fhall be a free market at '.imcrick, and other quarters, where the faid troops fliall be; and in cafe any provifion fnall remain in the magazines of Limerick when tl.e town fliall be given up, it fliall be valued, and the price de- duaed 24 dufted out of what is to be paid for the provifions to be furnifhed to. the troops on ihip-board. XXVII. That there fhall be a ceflatioo of arms at land, as alfo at fea, with rcfpeft to the (hips, whether Englifh, Dutch, or French, dcfigned for the tranfporta- tion of the faid troops, until they (hill be returned to their refpeflivc harbours ; and that, on both fides, they fhall be furnifhed with fufficient palTports both for ftiips and men ; and if any fea-commander, or captain of a fhip., or any officer, trooper, dragoon, foldicr, or any other perfon, (hall aft contrary to this ccfTation, the per- fons fo afting fhall be punifhed on either fide, and fatis- faftion fhall be made for the wrong that is done ; and officers fliall be fent to the mouth of the river of Lime- rick, to give notice to the commanders of the Englifh and French fleets of the prefent conjunfture, that they may obferve the ceiTation of arms accordingly. XXVIII. That for the fccurlty of the execution of this prcfcnt capitulation, and of each article therein con- tained, the bcfieged fhall give the following hoftagcs and the General fhall give . XXIX. If before this capitulation is fully executed, there happens any change in the government, or com- mand of the army, which is now commanded by Gene- ral (jinckle ; all thofe that ihall be appointed to com- mand the f^me, fliall be obliged to obffrvc and execute what is fpecified in thefe articles, or caufc it to be exe- cuted punftually, and (hall not adf contrary on any account. Oa. TO. BARON DE GIN'CKLF. 25 If this treaty is only confidered according to thofe rules of common morality, which influence the conduft of man to man ; if, in proportion to the great advantages which England derived from it, file was bound to conflrue it with liberality, as well as to execute it with good faith ; then the irilh Catholics mufl; be confidered as placed by U in a fituation of complete equality with their Pro- teftant countrymen. The free exercifc of dick religion was granted in the mod unqualified man- ner : Security of property was as fully confirmed to them. In regard to perfonal fecurity, they were pardoned all mifdemeanours whatfoever of which they had been guilty, and were reftored to all the rights, liberties, privileges, and immunities, which, by the laws of the land, and cuiloms, conllitu- tions, and native birthright, they, any, aud every of them, were equally with every other of their fellow-fubje£is entitled to.* The praftice of the feveral trades or profefTions was fecured to tliem. They were allowed the ufe of arms, fome of thcra ipecially, but all of them in confequcnce .of no limitation or exception to the contrary ; and they were left at liberty to vote for members of Par- E liament, * Sir Theobald Butler's fpeech, vide Appecdix, No. I. 26 liament, and to fit in Parliament.* The lawj, even, which were in force againft the Catholics when the treaty took place, ought, according to the firft article, to have been repealed ;t bccaufe their • The articles of Limerick were figned by De Ginckle on the 3d of Oftober, 1691. The Englifh Parliament that pafTed the adl of 3d William and Mary, c. 2. by which Irifh peers and members of Parliament were firft required to take the oath of fupremacy, met on the 22d Odober, 1691. According to the conftitution of Ireland, as granted by Henry 2d, and confirmed in 1782, this aft of 3d William and Mary, c. 2. was not binding in Ireland ; and, though the Catholics fubmitted to it, they were not legally excluded from Parliament till the 22d year of his prcfent Majefty's reign. f Thefe laws were, ift. An adl againft the authority of the See of Rome. It ena(5ts, that no perfon fhall attribute any jurifdiaion to the See of Rome ; that the perfon offend- ing to be fubjcft to a premunire ; and, that all who have any office from the King, every perfon entering into orders, or taking a degree in the Univerfity, (hall take the oath of fupremacy. 2d. An aft reftoring to the Crown the antient jurifdidion over the State, ecclefiaftical and fpiritual. It likewife enadts that every ecclefiaftical perfon, every perfon accepting office, (hall uke the oath of fupremacy. 3d. An aft for the uniformity of common prayer. It enafls, that every perfon, having no lawful excufe to be abfent, ffiall, every Sunday, refort to fome place of worffiip of the efta- blifhed Church, or forfeit 12d. 4th. An aft, by which the Chancellor may appoint a "uardian to the child of a Catholic. *' 5th. 27 their Majeftics engaged, by this article, to obtain for the Catholics fuch further fecurity, in refpe^l: to the exercife of their religion, as might preferve them from any dijiurbance on account of that relU gion. It is impoffible for any other fair conflruc- tion to be given of this article, than that which is here given. It would be beneath the dignity, and wholly inconfiflent with that chara£ler for good faith, of which it has always been the pride of England to boaft, to attempt to apply any other meaning to it. No doubt there are thofe who would wiili to aft, on all occafions, towards the Catholics, according to that fyftem of perverted morality which the powerful always impofe on the weak ; but, fo long as the true principle? of julj. tice fhall have their due influence, the majority of mankind can never confider this firft: article of the treaty pf Limerick in any other light, than as a E 2 complete 5th, An a6l, by which no Catholic fchoolmafter can teach in a private houfe without a hcenfe from the ordinary of his diocefe, and taking the oath of fupremacy. 6th, The new rules, by which no perfon can be admitted into any corporation without taking the oath of fupremacy. This ftatement is taken from the Report of the Committee of the Houfe of Commons, appointed, in 1697. to confider what penal Jaws were then in force againft the Catholics. — Cgiti. Jour. V. % 28 (Complete and perpetual cxcinption of the Irifli Catholics from all political and religious difquali- fication on account of their religion. This treaty has been very accurately defcribed as the great charter of the civil and religious liberty of the Catholics ;• and though not hitherto obferved as fuch by the Englifli Government, the Catholics have a right (which time cannot efface nor perfidy deflroy) to recur to its ftipulations ; and if an Englifli Government can a^t with juftice towards them, their appeal will not for ever be made in vain. Though William had bound himfelf by this treaty to call a Parliament as foon as his affairs Xvould admit, and to obtain from it the ratification of the treaty, he dilTolved the firft Parliament of his reign, which had met on the 5th October, 1692, in September, 1693, "without propofing to them any fuch meafure. He was further guilty of a want of attenhon to his engagement, by not fummoning another Parliament till the 27th April, 1695; and, when this Parliament did meet, he fccms to have entirely forgotten, that his own faith, * vSmo.llet, 29 faith, and the faith of the Englifli nation, was ph'ghted to the Catholics by a folemn treaty ; for, inftead of recommending to them, in the fpeech of his Lord Deputy, to proceed to confirm the articles of Limerick, he told them that he was in- tent upon the great work of a firm fettiement of Ireland upon a Protejlant intereft.* The Parlia- ment were not backward in prompting his obje£l. They firft: of all pafled an a£l to deprive the Ca- tholics of the means of educating their children cither at home or abroad, and of the privilege of being guardians either of their own or of any other perfon's children.! Then they pafTed an ad to difarm the Catholics,} another to banifli their priefts, * Comm. Journal, 2. 279. t 7th W. III. c. 4. of this aft, Mr. Burke fays, " Whilft this reftraint upon foreign and domeftic education was part of a horrible and impious fyftem of fervitude, the members were well fitted to the body. To render men patient, under a de- privation of all the rights of human nature, every thing which could give them a knowledge or feeling of thofe rights was rationally forbidden. To render humanity fit to be infulted, it was fit that it fhould be degraded. Indeed, I have ever thought the prohibition of the means of improving our ra- tional nature, to be the word fpecies of tyranny that the in- fofence and perverfenefs of mankind ever dared to exercife.'* —Letter to *iih re- fpeft to this advantage re(lri(fiions were impofed on them, one of which was, that if a farm produced a profit greater than one-third of the amount of the rent, the right in it was i.:imediately to ceafe, and to pafs over entirely to the firft Proteftant who fhould difcover the rate of profit. The 7th claufe deprives Papifts of fuch inhe- ritance, devife, gift, remainder or truft, of any lands, tenements or hereditaments, of which any Proteftant was, or (hould be feized in fee fimple, abfolute or fee tail, which, by the death of fuch Protcftant, or. his wife, ought to have defcended to his fon or other iflfue in tail, being Papifls, and makes them defcend to the neareft Proteflant rela- tion, as if the Popifli heir and other Popiih rela- tions were dead. By the icth claufe, the eftate of a Papift, for want of a Proteflant heir, is to be divided, fhare and (hare alike, among all his fons ; for want of fous, among his daughters ; and, for want of daughters, 39 daughters, among the collateral kindred of the father. By ihe i ^th claufe, no perfon fliall be exempt from the penalties of this aft, that ihall not take and fubf;ribe the oath and declaration required by this aft to be taken. By the 1 6th claufe, all perfons whatfoever who ftiall receive any office, civil and military, (hall take and fubfcribe the oath and declaration re- quired to be taken by the Englifh aft of 3d Wm. and Mary ; and alfo the oath of abjuration re- quired to be taken by another Englifh aft of ifl Anne ; and alfo (hall receive the facrameat.* The a3d claufe provides, that noPapifl, except under particular conditions, fliall dwell in Lime- rick or Gal way. Tlie * Upon this claufe of the bill Bifhop Burnet makes the following obfervations ; " A claufe was added (in England) which they (the Roman Catholics) hoped would hinder it« being accepted in Ireland. The matter was carried on fo fecretly, that it was known to pone but thofe who were at the Council, till the news of it came from Ireland, upon its being lent thither. — It was hoped, by thofe who got this daufe added to the bill, that thofe in Ireland, who promoted it, would be lefs fond of it when it had fuch a weight hung to it." i^i/?. -u. 2./.. 214. This claufe has fince been called the Sacramental Teft, the iirft impofed on diflenters in Ireland. It was repealed with- out any oppoCtion in the Sefiions of 1782, 40 The 24th, that no perfons (hall vou at clcftions without taking the oaths of allegiance and abju- ration. And the 25th claufc, that all advowfons pof- fclTed by Papifts (hall be vcftcd in her Majefly. The Catholics, who had fubmitted in filencc to all the unjuft tranfgreflions of the lafl reign, felt it nece(rary, when this a£t was firfl brought before Parliament, to ufe their utmofl exertions to prevent it from paiTiing into a law. They, how- ever, appealed in vain to the Engli(h Cabinet to refpeft the folemn engagements of the treaty of Limerick, and were obliged to have recourfe to a petition to the Iriih Parliament. Sir Theobald Butler was heard, as counfel for tlie petitioners, at the bar of the Houfe of Com- mons, on the 2 2d February, 1703: He ftated, " that the bill would render null and void the ar- *' tides of Limerick ; that thofe articles had been *' granted for the valuable confideration of the " furrender of that garrifon, at a time whea the " Catholics had the fvvord in their hand, and were " in a condition to hold out much longer ; and " when 41 " when they had it in their power to demand and " make fuch terms as might be for their own fa- *' ture liberty, fafety, and fecurity : That the al- " lowing of the terms contained in thefe articles "" were highly advantageous to the government " to which they fubmitted, as well for uniting *' the people that were then divided, quieting *' and fettling the diftra^lions and diforders of *' this miferable kingdom, as for the other advan- *' tages which the government would thereby '* reap in its own affairs, both at home and " abroad, when its enemies were fo powerful, " both by fea and land, as to render the peace " and fettlement of thefe countries a circumftance " of great uncertainty : That thefe articles were " ratified by their late Majefties, for themfelves, " their heirs, and fucceflbrs, and the public faith ** thereby plighted to all thofe comprifed in thefe " articles, in the mod binding manner it was pof- " fible for faith to be plighted, and than which " nothing could be more facred and folemn : That, " therefore, to violate and break tbofe articles *' would, on the contrary, be the greatefl: injuftice " polfible for any one people of the whole world G " to 42 *' to inflict upon another, and contrary to both " the laws of God and man." He then pro- ceeded to fliew that the claufes of the bill which take away from Catholics the right to purchafe, bequeath, fell, and inherit eftates, were infringe- ments of the 2d article of the treaty : That the 9th claufe of the bill, impofing upon Catholics new oaths, was another manifeft breach of the articles, for that, by the 9th article, do oath is to be adminiftercd to, nor impofed upon fuch Ca- tholics as fhould fubmit to government, but the oath of allegiance, appointed by an a£l made in England in the firit year of the reign of their late Majefl:ies ; that the claufcs for prohibiting Catholics from refiding in Limerick or Galway, from voting at elections without taking certain new oaths, and from poflciTing advowfons, were likewife infringe- ments of the treaty. " For if," concludes Sir Theobald Butler, " there was no law in force in " the reign of Charles II. againfl thefe things, as " there certainly was not, and if the Roman " Catholics of this kingdom have not lince for- " fcited their right to the laws that then were in " force, as for certain they have not, then, with '* humble 43 " humble fabmiffion, all the afcrefaid clanfes, ■* and matters contained in this bill, entitled, /^n " Ad to prevent the further growth of Popery^ are " direi^ly againfl: the plain words and true intereft: " and meaning of the faid articles, and a violation " of the public faith.*'* In confequence of the puffing of this a(5l, and of thofe other afts which were pafied of a fimilar ten- dency in the lad reign, the Catholics were deprived of all thofe privileges and immunities, which they trufted had been fecured in confequence of a King of England having bound himfelf, his heirs and fucceffors, to fulfil the conditions of the treaty of Limerick. In place of being the free fubjefts of ii prince, from whom they were taught to expe. 5^ The following is the 3d claufe, every word of uhich is of value, in order to fliew tlw cruelty with which the unfortunate Catholics of Ireland have been opprciTcd : " And, be it furtlier enacted, *' by the authority aforefaid, that where and as *'' often as any child or children of any Popiflv " parent or parents hath or have heretofore pro- *' feflcd or conformed him, her, or themfelves, to " the Proteftant rciigioi>, as by law eftabliflied, •' and enrolled in the High Court of Chancery a *' certificate of the Bifhop of the diocefs in which " file or they fliall inhabit or relide, teftifying *' his, her, or their being a Proteflant, and con- " forming him, her, or themfelves, to the Church " of Ireland, as by law eftabliihed, it (hall and *' may be lawful for the High Court of Chan- " eery, upon a bill founded upon this aft, to ob- " Jige the faid Fapift parent or parents to difcover " upon oath the full value of all his, her, or their ** eftate, as well perfonal as real, clear, over and " above all real incumbrances and debts contraft- " ed, bona fide, for valuable confideration, before *' the enrolment of fuch certificate, and thereupon *' to make fuch order for the fupport and mainte- *' nance of fuch Proteftant child or children, by •' the 55 ^^ the diflrlbution of .the faid real and perfonai *' eftate, to and among . fuch Proteftant child " or children, for the prefent fupport of fuch " Proteftant child or children ; and aifo to and " for the portion or portions, and future mainte- ,*' nance or maintenances, of fuch Proteftant child i" or children, after the deceafe of fuch Popifli " parent or parents, as the fald court (hall judge "fit." The 1 2th claufe provides, that all converts ia public employments, members ;);f parliament, bar- riflers, attornies, or officers of i^ny courts of law, ihali educate their children F,roVfl:aht§. By the 14th claufe, thp Popifli wife of a Papift, having power to make a jointure, conforming, fliall, if ihe furvives her hufband, have fuch pro- yifion, not exceeding the power of her hupjand, to make a jointure, as the Chancellor fliall ad? judge. By the 15th claufe, the Popilli wife of a Papifl^ not being oth(;rwife provided for, conforming, fliall have a proportion out of his chattels, not- withflaudin^ 56 withftanding any will or voluntary difpofitioD, and the ftat. 7th W. IIL 6. The 1 6th claufc provides, that a Papift teaching fchool publicly, or in a private hoiife, or as uQier to a Protcftant, fhall be deemed and profecuted as a Popifh regular convift. The i8th claufe provides, that Popifh pri^s, who Ihall be converted, Ihall receive 30I. per annflin, to he levied and paid by Grand Juries. The 20th chh^ provides, whimfically enough, fpr the rewa^ Xf difcovering Popifh clergy and ichoolmaflers, viz. For difcovering an archbifhop, bifhop, vicar-general, or other perfon exer- cifing any foreign eccleliaflical jurif- diftion - - - - £'$0 o a For difcovering each regular clergy- man, and each fecular clergyman, not regiflered - - - 20 o o For difcovering each Popiih fchool- mafler or ufhcr - - £.1000 for 57 The 2ift claufe empowers two juftices to fum- mon any Papift of 1 8 years of age, and if he fhall refufe to give teftimony where and when he heard mafs celebrated, and who and what perfons were prefent at the celebration of it, and likewife touching the refidence and abode of any prieft or Popifli fchoolmafter, to commit him to jail, with- out bail, for 1 2 months, or until he ihall pay 20I. By the 25th claufe, no prieft can officiate ex- cept in the parifli for which he is regiftered, by 2d Anne, c. 7. The 30th claufe provides for the difcovery of all trufts agreed to be undertaken in favour of Papifts ; and enables any Proteftant to file a bill in Chancery againft any perfon concerned in any fale, leafe, mortgage, or incumbrance, in truft for Papifts, and to compel him to difcover the fame j and it further provides, that all ifTues to be tried in any a£tion founded upon this aft, fhall be tried by none but known Proteftants. The 37th claufe provides, that no Papift in trade, except in the Unen trade, fhall take more than two apprentices. I The 58 The following arc the other a£ls paffed in this reign concerning the Catholics. An a£t to prevent Popifli clergy from coming into the kingdom,* An a£l for regiflering Popifli clergy. By which all the Catholic clergy then in the kingdom were required to give in their names and places of abode at the next quarter feflions j by this a(ft they are prohibited from employing curates.f An aCt to amend this aft. J An a6t to explain and amend an aft to prevent Papifts being folicitors or flierifFs, &c.§ Claufes are introduced into this aft by which Catholics were prevented from ferving on grand juries ; and by which, in trials upon any ftatute for flrengthening the Froteftant interell, the plain- tiff might challenge a Papid, which challenge the judge was to allow. If abfurdity could catch the attention ♦ 2d Anne, c. 3. f 2«l Anne, c. 7. ■\. 4lh Anne, c. 2. § Glli Auue, c. 1. o9 attention where ferocity is (o prominent, one might fmile to fee this code of Queen Anne, entit- led, as it then was in all public documents, A Wife Syflem for the Quieting and Settling of Ireland. During all Queen Anne's reign, the inferior civil officers, by order of government, were incef- fantly haraffing the Catholics, with oaths, impri- fonments, and forfeitures, without any vifiblc caufe but hatred of their religious profeffion. In the year 1708, on the bare rumour of an intended invafion of Scotland by the Pretender, 41 Roman Catholic noblemen and gentlemen were imprifoned in the caflle of Dublin j and, when they were afterwards fet at liberty, the government was fo fenfible of the wrong done to them, that it remit- ted their fees, amounting to 800I. A cuftom that had exifted, from time immemorial, for infirm men, women, and children, to make a pilgrimage every fummer to a place called St. John's well, in the county of Meath, in hopes of obtaining relief from their feveral diforders, by performing at it certain afls of penance and devotion, was deemed an ohjtSi worthy of the ferious confideration of the Houfe of Commons ; who accordingly palTed a I 2 vote. 60 vote, that thefe fickly devotees " were affembled " in that place to the great hazard and danger of " the public peace, and fafcty of the kingdom." They alfo pafTed a vote, on the 17th March, ^7^S^ " That all magiftrates and other perfons " whatfoever, who negleded or omitted to put *' them (the penal laws) in due execution, were " betrayers of the liberties of the kingdom ;"* and, in June 1705, they refolved, "That the " faying and hearing of mafs, by perfons who had " not taken the oath of abjuration, tended to ad- " vance the intereft of the Pretender ; and that " fuch judges and magiftrates as wilfully neglefted *« to make diligent inquiry into, and to difcover " fuch wicked pra^ices, ought to be looked upon *' as enemies to her Majefty's government."! And, upon another occafion, they refolved, " That " the profecuting and informing againft Papifls " was an honourable fervice to the govern- " ment/'J » Com. Jour. 3. 280. f lb. 319. J lb. 319. GEORGE 61 GEORGE I. The following afts of Parliament were pafTed in this reign, for the purpofe of (Irengthening the fyftera which had been adopted by William and Anne, for preventing the growth of Popery. An a£l to make the militia of this kingdom more ufeful.* By the i ith and 12th claufes of this acl, the horfes of Papifts may be feized for the militia. By the 4th and 18th claufes, Papifls are to pay double towards raifing the militia. By the 16th claufe, Popifli houfe-keepers in a city, are to find fit Proteftant fubftitutes. An aft to reftrain Papifts from being high or petty conftables, and for the better regulating the parifli watches.f Aa * 2d G. I. c. 9. t id G. I.e. 10. —This act expired in three years, anjl was not renewed. 62 An a6t for the more efFciflual preventing frau- dulent conveyances, in order to multiply votes for elefting members to ferve in Parliament, Sec* By the 7th claufe of this a6^ no Papift can vote at an ele^ion unlefs he takes the oaths of allegi- ance and abjuralion. An acl for the better regulating the town of Gal way, and for flrengthening the Proteftant inierell: therein.! An a£t for the better regulating the corporation of the city of Kilkenny, and flrengthening the Froteflant intereil therein. J An a(St by which Papifts refident in towns, "who {hall not provide a Proteftant watchman to watch in their room, fliail be fubje^l to certain penalties II By the 7thchure of this a 179. 80 ift. We abjure, diHivow, and condemn the opinion, that princes, excommunicated by die pope and council, or by any ecckftajlical autlmrUy wbatfoevert may therefore be depofed or murdered by their fubjcds, or any other perfons. We hold fuch dodrine in detedation, as wicked and impious ; and we declare that we do not believe, that either the pope, with or without a general council, or any prelate or priefty or any eccle- Jtaji'tcal poiver whalfoevert can abfolve the fubjeds of this kingdom, or any of them, from their allegiance to his Majcfty King George the Third, who is, by authority of Pailiament, the lawful king of this realm. 2d. We abjure, condemn, and deteft, as unchriftian and impious, the principle, that it is lawful to murder, deftroy, or any ways injure any perfon whatfoever, for or under the pre- tence of being heretics ; and we declare folemnly before God, that we believe that no a£l, in itfelf unjuft, immoral, or -wicleJ, ean ever be juflified or excufed by, or under pretence or colour^ that it ivas done either for the good of the church, or in obedience to any ecckfiaflical power vwhatfoever. 3d. We further declare, that we hold it as an unchriftian and impious principle, that " no faith is to be kept with here- tics." This doflrine we deteft and reprobate, not only as contrary to our religion, but as deftrudlive of morality, of fociety, and even of common honefty ; and it is our firm be- lief, that an oath made to any perfon, pot of the Catholic religion, is equally binding, as if it were made to any Catho- lic whatfoever. 4ih. We have been charged with holding as an article of our belief, that the pope, with or without the authority of a general council, or that certain ecclcfiaftical powers can acquit and abfolve us, before God, ffom our oath of allegiance, or even 81 even from the juft oaths and contrafls entered into between man and man. Now we do utterly renounce, abjure, and deny, that we hold or maintain any fuch beHef, as being contrary to the peace and happinefs of fociety, inconfiftent with morahty, and above all, repugnant to the true fpirit of the Catholic religion, 5th. We do further declare, that we do not believe that the pope of Rome, or any other prince, prelate, ftate, or potentate, hath, or ought to have, any temporal or civil jurif- diftion, power, fuperiority, or pre-eminence, diredly or in- diredly, within this realm. 6th. After what we have renounced, it is immaterial, in a political light, what may be our opinion or faith in other points refpedting the Pope : however, for greater fatisfadion we declare, that it is not an article of the Catholic faith, nei- ther are we thereby required to believe or profefs, " that the Pope is infallible," or that we are bound to obey any order, in its own nature immoral, though the Pope, or any eccle- liaftical power, ftiould iflue or dired fuch order ; but, on the contrary, we hold, that it would htftnful in us to pay any re- fped or obedience thereto. 7th. We further declare, that we do not believe that any fin whatfoever committed by us can be forgiven at the mere will of any Pope, or of any prieft, or of any perfon or perfons whatfoever; but, ihit Jincere forrotu for paftjinsy a firm and fincere refolution, as far as may be in our power, to reftore our neighbour's property or charadter, if we have trefpalltd on, or unjuQly injured either ; a firm and fincere refolution to avoid future guilty and to atone to God, a.Te previous and in- difpenfalk requifites to eflablifh a well-founded expedlation of forgivenefs ; and thai any perfon who receives abfolution M without 82 without thefe previous requifites, fo far Tronj obtaining thtrir by any remiflion of his fins, incurs the additional guilt of riolating a facrament. gth. We do hereby folemnly dirchiim, and for ever re- nounce all intercft in, and title to all forfeited lands, refulting from any rights, or fuppofcd rights, of our anceftors, or any claim, title, or intereft therein ; nor do we admit any title, as a foundation of right, which is not eftaUijhdd and acknoiu- leJged by the laius of the reahn, as they noiv ftand. We deflrc further, that whenever the patriotifm, liberality, and jufticc of our countrymen, (hall reftorc to us a participation in the eledlive franchife, no Catholic (hall be permitted to vote zK, any eletflion for members to ferve in parliament, until he (hall previoufly take an 04th to defend, to the utmoft of his poiver^ the arrangement of property in this coynny, ar eftahltjhed If the dijcrent aSs of attainder andfettUment. 9th. It has been objecfled to us, that we wirti to fubvert the prefent church eftablifhment, for the purpofe of fubftitut-r ii5g a Catholic eltablifhment in its /lead : Now we do hereby difclaim, difavow, and folemnly abjure any fuch intention ; and furtlier, if we fhall be admitted into any (hare of the con- llitution, by our being rtflored to the right of ekJlive fran- cl^fc, we are ready, in the moft folemn manner, to declare, that we \vlll not exercife that privilege to difturb and weaken the eftablifhment of the Proteftant religion, or Proteftant go-. vernraent.in this country. Though this declaration diJ not produce any change of conda61 on the part of the Englirti go* vernment at that time, its failure can only be at- tributed to the obftinacy wiiu which the principle of 83 of goverrfifig Ireland, upon the fyflem of feparate interefts between the Proteftants and Catholics, was adhered to. That fyflein is now happily ex- pofcd ; and though of late attempted to he revived by his Majefty's prefent Minifters, the intelligence and liberality of the prefent race of Iriili Protef- tants has completely counteracted their fa£lious defigns. This declaration, though at firft inefFec- t«al, has, and mufl continue to open the eyes of mankind to the true character of the Irifli Catho- lic, and to fecure to them the reward which it deferves, the unlimited confidence of their King and fellow-fuhje<5ls, and the entire reftoration of their conftitutional rights. The fentiments con- tained in it are thofe of true and found Chrifli- anity, benevolence, and humanity. It is impoffible that any perfon capable of breathing them can be a bad Chriftian, a bad fubjecfl, or a bad man. In the year 1759, when it was known that a French force, under the command of Conflans, was collected to invade Ireland, the condu(^ of the Catholics on this, as it had uniformly- been on fimilar occafions, was loyal in the extreme. Mr. O'Connor, Dr. Curry, and Mr. Wyfe had M 2 fometime 64 fometlme before, in 1757, fucceeded in eftablifli- ing a general committee of the Catholic body, formed by delegates of parifhes and the principal Catholic nobility and gentry. As foon as this invafion was announced to parliament by a meflage from the Duke of Bedford, this committee was fummoned to meet ; and Mr. O'Connor having fubmitted to it the following addrefs to the Lord Lieutenant, it was unani- moufly approved of. May it pleafe your Graces We, his Majefty's dutiful and faithful fubjei^s, the Roman Catholic gentlemen, merchants, and citizens of Dublin, do, with the grcatefl refped, approach the illuftrious leprcfenu- tive of the beft of Kings, with our hearty congratulations on thofe glorious fuccefTes, by fea and land, which have attended his Majefty's arms, in the profecution of this juft and necef- fary war. We gratefully acknowledge the lenity extended to us by his mod facred iVIajefty, and by his royal faiher, of happy memory. Our allegiance, may it pleafe your Grace, is con- firmed by .'fFeflion and gratitude ; our religion commands it ; and it Ihall be our invariable rule firmly and inviolably to adhere to it. We are called to this duty, at the prefent time in particular, when a foreign enemy is meditating defperate attempts to iri- tcrrupt 85 terrupt the happinefs and diilurb the repofe, which thefc kingdoms have fo long enjoyed, under a Monarch, who places his chief gloiy in proving h.mfelf the common father of all his people : and we fincerely affure your Grace, that we are ready and wilhng, to the utmoft of our abilities, to afTifl: in fupporting his iViajefty's government againft all hoftile at- tempts whatfoever. Whenever, my Lord, it fhall pleafe the Almighty, that the legiflative power of this realm {hall deem the peaceable con- duct: of his Majefty's Catholic fubjefts of Ireland, for many years part, an objeft worthy of its favourable attention, we humbly hope means may then be devif^d, to render fo nume- rous a body more ufeful members to the community, and more ftrengthening friends to the ftate, than they could pof- fibly have hitherto been, under the reftraint of the many penal laws againft them. We moft humbly befeech your Grace to reprefent to his Majefty thefe fentiments and refo- Ijitions of his Majefty's faithful fubjeds, the Roman Catholics of this metropolis, who fincerely vvifh, that a peace honourable to his Majefty, and advantageous to his kingdoms, may be the ifTue of the prefent war; and that the people of Ireland may be long governed by your Grace, a Viceroy, in whom Vfifdom, moderation, and jullice, are fo eminently confpi- cuous. On that occafion, alfo, the wealthy indivi- duals of this perfuafion oiFered to accommo- date the government with large fums of mo- Dey, in cafe of necefTity, to fupport the Protef- tant cftablifhment againft all its enemies 5 and the Catholics 86 Catholics of the city of Cork, in a body, prcfent- cd an addrcfs to the Lord Licuieiuint, cxprefTing their loyahy in the warinefl terms of aflurance. They profeflfcd the vvarmefl: indignation at the threatened invafion of the kingdom, by an enemy vainly flattered with the imaginary hope of afTifl- ance in Ireland, from the former attachments of their deluded predecefTors. They alTured his Grace that fuch fchemes were altogether incon- flrtent with their principles and intentions ; and that they would, to the iitmoft exertion of their abilities, with their lives and fortunes, join in the defence and fupport of his Majefty's royal perfon and government, againfl: all invaders whatfoever.* Thefe circumftances are proofs of no ordinary fidelity in the Irifli Catholics to the Houfe of Brunfwick. 1 hey were, however, of no avail in mitigating the rigour of the magiftracy in the execution of the penal laws, or in inducing the Britifti government to repeal any part of them; for the reign of George II. clofed without any grateful acknowledgment being made • Smollet's Hiflory of England, 4. 69. 87 made to them for the ftcadinefs with which they refifted the temptation that was held out to them in 1745 and 1759 to fupport the claims of a Catholic pretender to the throne of Great Britain. GEORGZ 8d GEORGE JIL Notwithftanding the firfl mearurc of this reign, the royal recommendation to ParUament to make the judges independent of the Crown, befpoke the determination of his Majefty to refpeft the feelings and confirm the rights and liberties of his fubje(fls ; ftill the unfortunate Catholics of Ireland were doomed to fuffer under new pains and penalties. In the year 1776, an acl of Parliament was pafled,* by which one or more juflices of the peace, and all flieriffs and chief raagiflrates of cities and towns corporate, within their refpec- tive jurifdifiions, may from time to time, as well by night as by day, fearch for and feize all arms and ammunition belonging to any Papiil not entitled to keep the fame, or in the hands of any perfon in.truft, for a Papid ; and for that pur- pofe enter any dwelling-houfc, out-houfc, office, field * 1 5lh and IGth Geo. III. c. '21. § 15. 89 field or other place belonging to a Papift, or to any other perfon where fuch magiftrate has rea- fonable caufe to fufpeB any fuch arms or ammu- nition fhall be concealed ; and on fufpicion, after fcarch, may fummon and examine on oath, the ^txiovL fufpeded of fuch concealment. By the 1 7th claufe of this aft, Papifts refufing to deliver up or declare fuch arras as they, or any with their privity, have, or hindering the delivery, or refufmg to difcover on oath, or without caufe neglefting to appear on fummons to be examined before a magiftrate concerning the fame, fliall, on conviftion, be punifhed by fine and imprifonment, or fuch corporeal puni/h- merit of pillory or whipping^ as the Court Ihall in their difcretion think proper. In the year 1782, a claufe was introduced into an aft,* by which no perfon (hall be ad- mitted into the Society of King's Inns as a ftudent, who fhall not, at the time of his admiiTion, be a Proteftant. N In * 2 1st and 32(1 Oeo. III. c. 32. § 2. 90 In the fame year, an aft* was pafl'ed, by the 3d claufe of which, all ftatutes made in England or Great Britain, and all fuch claufes and provir viflons contained in any flatute there made, as relate to the taking any oath or oaths, or making or fubfcribing any declaration in Ireland, or to any penalty or difabiiity for omitting the fame, fliall be accepted, ufed, and executed in Ireland. This aft referred to: ift, the Englifli aft of 3d William and Mary, c. 2. feft. i, 4, 5, 6, 7, by which the oath of fupreraacy mentioned in 2. Eliz. I. c. I. is abrogated, and a new oath of fupremacy is required to be taken by all perfons ad- mitted in Ireland to hold any civil or military olEce, and by members of both Houfes of Parliament : 2dly, to the Englifli aft: of ift Anne, flat. 2. c. 17. requiring all perfons to take the oath of abjuration, prefcribed by the Englifli afts of 13th "Wm. III. c. 6. and 1 ft Anne, ft. 1 . c. 22d : 3dly, to the Englifli aft of 6th Geo. III. c. 53. § 2. declaring that from the ift Auguft, 1776, the path of abjuration, by this aft appointed to be taken * 21st and 22d Geo. III. c. 48. § 3. 91 taken in Great Britain, (liall be the oath of abjuration, to be taken in Ireland. Though this claufe of the 21 ft and 2 2d of G€o. III. c. 48. has attrafted very little public attention, it was of no lefs import than that of being the firft legal exclufion of Catholics from iitting in the Irifli Parliament. They had been excluded de facto by their voluntary fubmiflion to the Englifli aS of 3d William and Mary, but not de jure till this a£l of 21ft and 22d Geo. III. rendered the 2R of William and Mary, binding in Ireland. This clrcumftance, which has always been overlooked, even by the Catholics themfelves, proves how readily they have been inclined at all times to fubmit to the authority of Government. And it alfo proves how unfounded thofe arguments are, which maintain that the exclufion of the Catho- lics of Ireland from Parliament, is a principle on which the family of his Majefty was placed upon the throne^ It completely overturns the fyftem of erroneous reafoning concerning the coronation oath, which of late has been fo common j and, fo N 2 far 92 far as the meaning of this oath is at iffue, it re- duces the queftion to this fimple point, whether the King can confcientioufly place the Catholics of Ireland in the fame condition, with refpecl to fitting in Parliament, in which they had conti- nued till the twenty- fecond year of his own reign. « In 1785 an a£t was paffed * for granting 4000I. to be expended in apprentice fees, to fuch tradef- men or manufacturers, as ftiould take children from charter-fchools or the Foundling Hofpital ; but it was exprefsly provided that the children Ihould be bound to none but Proteftant tradefmcn and manufafturers. The whole code of the penal ftatutes againft the Catholics of Ireland is now laid before the view of the reader, under which they fo long and fo patiently languifhcd; ftatutes unexampled for their inhumanity, their unwarrantablenefs and their impolicy, which were adopted to extermi- nate a race of men already crufhed and broken by the longefl ferics of calamities which one nation had « 25th of George III. t. 18. § 1 1 and 12. 93 had ever the opportunity of infliding upon ano- ther. They were framed againfl: Chriflians under the pretence of fccuring religion ; they were the work of Proteftants, than whom no fe6l has cried out more loudly againfl; perfecution when Proteftants were the martyrs. They were fanc- tioned by a nation who owed its liberties, and by monarchs who owed their throne, to a folemn covenant that they fliould never exift. Here may we not inquire, if the Englifli nation, legiflature, and King, have not a duty to fulfil towards the Irifti Catholics even greater than that of juftice — a duty of compunction, of repentance, and atonement ? The faith of a folemn treaty made with them has been broken : it is not enough that it has been in part re-eftabliflied, it ought to be religioufly fulfilled. They have been ruled with tyranny : it is not enough that the tyranny ftiould be relaxed, it lliould ceafe altogether. They have been driven from the pale of the Conftitution : it is not enough that they lliould be allowed to pafs its barriers, they Ihould range free and uncontrouled through all its rights. That Thar this fyftem of flow political torture, was not warranted by any alleged delinquency on their part is notorious, for it was devifed and per-^ fefted in times of profound tranquility. That they were not deferving even of the fufpicion of being difloyal fubjecls, is proved by their fignal forbearance, which has prefervcd the empire from the calamitous confequences of fuch flagitious mifgovernment ; and that, on the contrary, they fully merited the confidence and proteftioa of the legiflature, no fair and candid mind can deny, when it gives to their conduft, in ftri6lly adhering to the ftipulations of the treaty of Limerick, and to their allegiance to the Houfe of Brunfwick, the jufl; value to which it is entitled. Having now reached the utmoft point to which the penal ftatutes extended, which feems to be as far as human invention, quickened by mixed feelings of alarm, of bigotry and of pride, could go, we fliould deprive political fcience of a great fource of conclufive demonftration, if wc negle6lcd to record its effcfls. But 95 But there is even a nearear interefl In this examination. At a period when the ftate of Ire- land fo much occupies the attention of the Legif- lature and of the public ; when it is admitted on all fides, that the profperity and fecurity of Eng- land herfelf mufl: rife or fall with the profperity and fecurity of Ireland ; and when the events of each fucceeding day prove the abfolute necellity of fome meafures to ameliorate her condition, and that things cannot go on, as they are, without the inevitable dedru^lion of the Britifli empire ; it will be of great importance to be able to form an accurate opinion upon the effe(fts which were the refult of the penal ftatutes. If it can be proved that the part and prefent flate of difcon- tent and poverty, which has been, and dill is, the charadteriftic of Ireland, is the natural con- fequence of thefe laws, then no man can difpute the policy of feeking the remedy of it by the total repeal of them. If, on the other hand, no fuch proof can be brought forward, and it Ihall appear that thefe laws are not the origin of Iriih difcontent and poverty, then indeed it will be the duty of every one to accede to the ^o6lrines of thofe more able (latefmen, who folvc 96 folve the difficulty, by fuppofing, what has been aflVrted of the negro race, that the IriQi arc an inferior, femibrutal people, fubraitted, by the iieccflity of nature, to a flate of flavery, and unfit to be admitted to the privileges of Enghflimen. It appears from unqueftionable authority, that, during the interval that elapfed between the fur- render of Limerick, and the total infraction of the treaty in 1704, by the aft to prevent the further growth of Popery, the toleration which the Catholics experienced by virtue of that treaty, produced its natural confequences. The fecurity they enjoyed^ reflored induftry and plenty of all things : ufeful arts were introduced ; the land cultivated ; and a fine ifland, reduced to a defert by the late war, foon afTumed a new face. In faft, Ireland was never happier than during this interval of religious toleration.* Of the elTcfts of the penal laws in entirely reverfing this order of things, Lord TafFe, in his valuable traft on Irifti Affairs, gives the following defcription. " Thofe penalties and interdifts (by the laws of " Anne) had their natural effefts in the difpeo- " pling * Obfcrvatlons on the Affairs of Ireland, by LordTaalfc, p. 4. 97 *^ pling greatly the three fine provinces, wherein " the bulk of Catholics refide. They took their " ciFe6t in putting a flop to the cultivation began •' in King William's reign. No fooner were the " Catholics excluded from durable and profitable " tenures, than they commenced graziers, and ** laid afide agriculture : they ceafed from drain- ** ing and enclofing their farms, and building " good houfes, as occupations unfuited to the " new part afligned them in our national economy. *' They fell to wafting the lands they were vir- " tually forbid to cultivate, the bufmefs of paf- " turage being compatible with fuch a condu^, " and requiring alfo little induftry and lefs labour " in the management."* In the year 1723, the wretchednefs of the people of Ireland was fo great, that the Duke of Grafton, in a fpeech from the throne, recom- mended parliament to take meafures for relieving them. The diftrefs, however, continued ; and in a petition prefented to theHoufe of Commons, in the fame year, by the woollen manufafturers, they fiy, " The woollen manufa(5lure of this o *' kingdom, ^ Ibkl. p. 11. 98 *' kingdom, which is confined to our own con- " fumption, has of late been (o confiderably Icffen- " ed, that feveral thoufand families have been for- " ced to beg alms and charity of good chriftians ; " and that a colledion had lately been made " throughout the whole city to relieve them."* Primate Boulter, in a letter of the 25th of March, 1722, to the Duke of Newcaftle, bears teftimony to this wretched (late of Ireland ; he fays, " Since I came here in the year 1725, *• there was almoft a famine among the poor ; *' laft year the dearnefs of corn was fuch, that " thoufands of families quitted their habitations, ** to feek bread elfewhere, and many hundreds " perifiied :"t again on the 23d of November, 1728, he fays, in writing to the Duke, *' I am " forry I am obliged to give your Grace fo melan- " choly an account of the flate of the kingdom, ** as I (hall in this letter.*' But one of the moft pernicious cflefts of thcfc penal laws was the emigration of the principal Catholic families to the Continent. They carried with * Com. Jour. V. 'i. p. 2+. i LcUers, p. 220. 99 with them the greater part of thofc qualifi- cations, which render a country civilized, tranquil and profperous j they left the mafs of the Catho- lic population, without the influence of men of education and property, to direft and controul their conduft ; and in the place of fecuring their own country, they filled, with the higheft credit to themfelves, the fituations of flatefmen and generals, in thofe nations which were hoflile to the interefts of Great Britain. Of the effe(5t thefe laws had exhibited, in their avowed obje£ls of propagating the Proteftant religion, and promoting the national profperity, it is irapoffible to give a more able or a more accurate defcription than the following, by Mr. Arthur Young, who was in Ireland at the period we now treat of;* " While property lay expofed " to the practices of power, the great body of " the people, who had been flripped of their *' all, were more enraged than converted : they ** adhered to the perfuafion of their forefathers, " with the fteadiefl and mod determined zeal; *' while the priefts, actuated by the fpirit of a ♦* thoufand inducements, made profelytes among 2 " the * 1778. 100 " the common Proteflants, in defiance of every ** danger. And the great glaring h6t yet *' remains, and is even admitted by the warmeft *' advocates for the laws of difcovering that the *' eftablifhed religion has not gained upon the " Catholic in point of numbers, but on the *' contrary, that the latter has been rather on the ^* increafe. Public lifts have been returned from ^' the feveral diocefes which confirm this faft j " and the intelligence I received on my journey ^' fpoke the fame language. "As it is the great body of the common ^* people that forms the ftrength of a country, '* when willing fubjefts, and its weaknefs when " ill-affe, *' in fhort, which prefents itfelf to the eye of a *' traveller. t04 ** traveller, tells him how dFecflually this has " been done. I urge it not as an argument, •* the whole kingdom fpeaks it as a fa£b. Wc " l^ave fecn that this condu(rt has not converted " tihe people to the religion of government ; and " inflead of adding to the internal fecurity, it *' has endangered it : if therefore it does not add *' to the national profperity, for what porpofc, " but that of private tyranny, could it have " been embraced and perfifted in ? Miflaken *' ideas of private interefl: account for the actions " of individuals ; but what could have influenced '•^ the Britifh government to permit a fyftern *« which muft inevitably prevent the ifland from " even becoming of the importance which nature " intended?'** Of the (late of the agriculture of Ireland at this period, a tolerable accurate idea may be formed from the words of the fame author. — ** I have reafon to believe that five pounds flerling ♦' per Englifti acre, expended all over Ireland, " which amounts to 88,341,1361. would not more *< than build, fence, plant, drain and improve that ' country, * YounyN Tour, vol. '2. 13j. Lug. EJ. 105 ** country, to be upon a par in thofe refpefts with " England.*'* The prices alfo of the produce of land, afford proof of the general poverty of the kingdom. In 1778, butter fold for 5Jd. per lb. — mutton, 2|d. — beef, a^d. — pork, s^rd. — veal, 34d.— a fat turkey for io|d.— a goofe for Sjd. —and a chicken for 2 id. If further evidence were wanting to eftablifli the faft of the penal laws having impoverifhed Ireland, it is to be found in the following con- fefTion of the late Lord Clare. " It was impof- " fible," fays he, " that any country could conti- *' nue to exill: under a code of laws, by which a •' majority of its inhabitants were cut off from the " rights of property. It was a code highly inju- " rious to the landed intereft of Ireland, and in- " evitably diminifhed the value of every man's ** eftate, who voted for it." From thefe feveral authorities upon the ftate of Ireland in 1778, much information may be col- h&ed concerning the caufes of many of thofe pe- culiar circumftances which, at this day, belong to i* that * Youno's Taur, App. 106 that country. If it is afked, why the people of Ii eland are fo illiterate ? The anfwer that prefents itfelf is, look to the penal laws, that deprived them, till a late period, of education. If it is aiked, why they are poor ? The fame anfwer mud be given, look to the penal laws. If it is a/ked, why the lower orders eat vegetables only, and live in hovels? Still the fame anfwer, look to the penal laws. If it is aiked, why there is no dafs of yeomanry in Ireland like that in England ? The anfwer is, becaufe the penal laws proliibited induflry, and deprived the former of his property in land as fafl: as he could accumulate it. If it is afked, why the people are difcontentcd and dillike England ? 1 his anfwer only can be given, becaufe from England they received this penal code, un- der which they have endured, for above a cen- tury, every fpecies of calamity, contrary to the pofitive fllpulations of a facred and folemn treaty. If, in this era of civilized Europe, Ireland is more backward, its people lefs poliflied, its wealth lefs cxtenfive, and its general charafter below the rank of other countries, it is not now poffible to raif- take the caufe. And when all agree that this caufcis the penal code againft the Catholics, what reafoniug 107 reafoning can contend againfl the propofition, that all the laws muft be repealed in order to remedy the prefent diftempered condition of Ireland ? It was in the year 1774, that the Irifli Legifla- ture paffed the firfl: afl towards conciliating the Catholics, " an a£t to enable his Majefly's fubje(5ls, " of whatever perfuafion, to teftify their allegiance ** to him/'* Which is as follows :, Whereas many of his Majefty's fiibjecfls in this kingdom are defirous to teftify their loyalty and allegiance to his Ma- jefty, and their abhorrence of certa.in dodtrines imputed to them, and to remove jealpufies which hereby have for a length of time fubfifted between them, and others his JVIajefty's loyal fubjeds; but upon account of their religious tenets are, by the laws now in being, prevented from giving public a/Turances of fuch allegiance, and of their real principles, and good will, and affedtion towards their fellow fubjeffs ; in order therefore to give fuch perfons an opportunity of teftifying their alle- giance to his Majefty, and good will towards the prefent Con- ftitution of this kingdom, and to promote peace and induftry amongft the inhabitants thereof, be it enadted by the King's moft excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal, and Commons in this, prefent Parliament afTembkd, and by the aut lority of the fame, that from and after the firft day of June one thoufand feven hundred and feventy-four, it fhall and may be lawful for any perfon profeffing the Popifh religion, to go before the Judges of his Majefty's Court of King's Bench, any juftice p 2 or * 13th and lith Geo. III. c. 35. 108 of the i5eicc for the county in which he does or fhall refide, or before any magiftrate of any city oi town corporate wherein he does or (hall refide, and there take and fubfcribe the oath of allegiance and declaration herein after-mentioned ; which oath and declaration luch judges of the Kings Bench, judices of ihe peace and roagiftrates, are hereby enabled and required to adminifler: " I A. B. do ukc Almighty God, and his only Son Jefus Chrirt my Redeemer, to witnefs. that I will be faithful and bear true allegiaoce to our mofl gracious Sovereign Lord King George the Third, and him will defend to tlie utmoft of my power againft all confpiracies and attempts whatever, that fhall be made again!! his perfon, crown, and dignity ; and I will do my uimoft endeavour to difclofe and make known to his Majefty, and his heirs, all treafons and traitorous confpiracies which may be formed againft him or them ; and I do faithfully promife to maintain, fupport, and defend, to the utmoft of my power, the fucceffion of the Crown in his Majefty's family, againft any perfon or ptrfons whatfoever ; hereby utterly renouncing and abjuring any obedience or alle- giance unto the perfon taking upon himfclf the ftile and title of Prince of Wales in the lite-time of his father, and who fince his death is faid to have aflumed the ftile and title of King of Great Britain ar^d Ireland, by the name of Charles the Third, and to any other perfon claiming or pretending a right to the Crown of thefe realms ; and I do fwear, that I do reje<5t and deteft, as unchriftian and impious to believe, that It is lawful to murder or deftroy any perfon or perfons what- foever for or under pretence qf their being hereiicks ; and alfo that unchriftian and impious principle, that no faith is to be kept with hereticks; I further declare, that it is no article of my faith, and that I do renounce, reje(5l, and abjure the opinion, that Princes excommunicated by tke Pope and Coun- oil, or by any authority of the fee of Rome, or by any au- thority T09 thorlty whatfoever, may be depofed and murdered by their fubjefts, or by any perfon whatfoever ; and I do promife, that I will net hold, maintain, or abet any fuch opinion, or any other opinion contrary to what is exprefled in this declaiarion ; and I do declare that 1 do not believe that the Pope of Rome, or any other foreign Prince, Prelate, State, or Potentate, hath or ought to have any temporal or civil jurildidion, power, fu- perioiity, or pre-eminence, diredly or indiredly, wimin this realm ; and I do folemnly, in the prelence of God, and of his only Son Jefus Chrill my Redeemer, profcfs, teftify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words of this oath, without any evafion, equivocation, or mental refervation whatever, and without any difpenfation already granted by the Pope, or any authority of the See of Rome, or any perfon whatever ; and without thinking that I am or can be acquit- ted before God or man, or abfolved-of this declaration, or any part thereof, although the Pope, or any other petfon or perfons, or authority whatfoever, fhall difpenfe with, or annul the fame, or declare that it was null and void from the be- ginning. «• So help me God." And be if enafted by the authority aforefaid, that the officer of the Court of King's Bench, juftices of the peace, and ma- giftrates of the city and towns corporate, {hali yearly, within twenty-one days after the firrt of December, return to the Clerk of the Privy Council of this kingdom, or his deputy, a true and perfeft lift, under his or their hand, of every fuch Papift as fhall in the courfe of the preceding year have taM^.n and fubfcrlbed fuch oath, in which lift the qualit}', condition, tide, aod place of abode of fach Fapift fhall be fpeciiied. About 110 About the fame time, fearing that their griev- ances were not known to his Majcfty, the Catho- lics prepared a Petition; which was prefcnted to Lord Buckinghamfliire by Lord Fingal, Mr. Prefton and Mr. Dermot, in order tliat it might be tranfmitted by him to the King.* To the King's moji Excellent Majefty, the humble Addreji and Petition of the Roman Catholics of Ireland. Moft Gracious Sovereign, We your Majefty's moft dutiful fubjeds, the Roman Ca- tholics of your kingdoqfi of Ireland, with hearts full of loyalty, but orerwhelmed with afflidion, and deprefled by our cala- mitous and ruined circumftances, beg leave to lay at your Majefty's feet fome fmall part of thofe numerous and infup- portable grievances under which we have long groaned, not only without any ad of difobcdience, but even without mur- mur or complaint ; in hopes that our inviolable fubmilllon, and unaltered patience under thofe fevere preflures, would fully confute the accufation of feditious principles, with which we have been unfortunately and unjuftly charged. We are deeply fenfible of your Majefty's clemency, in mo- derating the rigorous execution of fome of the laws again It us: but we humbly beg leave to reprefent, that fevcral, and thofe the moft fevere and diftrelTing of thofe laws, executt themfdves with the mojl fatal certainty, and that your Ma- jefty's clemency cannot, in the fmalleft degree, inierpoft for their • This address was written by Mi;. 3wrke» Ill their mitigation, otherwife your Roman Catholic fubjefls would moft chearfully acquiefce in that refource, and re(l; with an abfolute and unbounded aflurance, on your Majefty's princely generofity, and your pious regard to the rights of private confcience. We are, may it pleafe your Majefty, a numerous and very induftrious part of your Majefty's fubjeds, and yet by no in- duftry, by no honeft endeavours on our part, is it in our power to acquire or to hold, almoft any fecure or permanent pro- perty whatfoever ; we are not only difqualified to purchafe, but are difabled from occupying any land even in farm, except on a tenure extremely fcanted both in profit and in time ; and if we fhould venture to expend any thing on the meliora- tion of land thus held, by building, by inclofure, by draining, or by any other fpecies of improvement, fo very neceflary in this country ; fo far would our fervices be bettering our for- tunes, that thefe are precifely the very circumftances, which, as the law now ftands, muft necefTaiily difqualify us from continuing thofe farms, for any time in our poffeffion. Whilft the endeavours of our induftry are thus difcouraged, (no lefs, we humbly apprehend, to the detriment of the na- tional profperity and the diminution of your Majefty's revenue, than to our particular ruin) there are a fet of men, who, in- ftead of exercifino any honeft occupation in the common- wealth, make it their employment to pry into our miferable property, to drag us into the courts, and to compel us to con- fefs on our oaths, and under the penalties of perjury, whether we hai^e, in any inftance, acquired a property in the fmalleft degree exceeding what the rigour of the law has admitted ; and in.fuch cafe the informers, without any other merit than that of their difcovery, are invefted (to the daily ruin of feve- ral innocent, induftrious families) not only with the furphis 112 in which the law is exceeded, but in the whole body of ilic eftate, and intereft fo difcovered, and it is our grief that thii evil is likely to continue and increafe, as informers have, in this country, almoft worn oiFihe infamy, which in all ages, and in all other countries, has attended their charader, and have grown into fome repute by the frequency and fuccefs of their practices. And this, mofl gracious Sovereign, though extremely grievous, is far from being the only or mofl oppreflive parti- cular, in which our diflrefs is connected with the breach of the rules of honour and morality. By the laws now in force in this kingdom, a fon, however undutiful or profligate, ftialJ, merely by the merit of conforming to the e/tabliftied religion, deprive the Roman Catholic father of that free and full pof- fdlion of his eftate, that power to mortgage or otherwife dif- pofe of it, as the exigencies of his affairs may require ; but ihall himfelf have full liberty immediately to mortgage or otherwife alienate the reverfion of that eftate, from his family for ever ; a regulation by which a father, contrary to the order of nature, is put under the power of his fon, and through which an early difToIutenefs is not only fuffered, but encou- raged, by giving a pernicious privilege, the frequent ufe of which has broken the hearts of many deferving parents, and entailed poverty and defpair on fome of the moft ancient and opulent families in this kingdom. Even when the parent has the good fortune to efcape this calamity in his life-time, yet he has at his death, the melan- choly and almoft certain profped of leaving neither peace nor fortune to his children ; for by that law, which beftows the whole fortune on the firft conformift, or, on non-conformity, difperfes it among the children, incurable jealoufies and ani- niofities have arlfen ; a total extinftion of principle and of natural 113 natural benevolence has enfued ; whilfl we are ooHgcd to confider our own offspring and the brothers of our own blood, as our moft dangerous enemies ; the blefling of providence on our families, in a numerous i/Tue, is converted into the moft certain means of their ruin and depravation: we are, mod: gra- cious Sovereign, neither permitted to enjoy the few broken remains of our patrimonial inheritance, nor by our induftry to acquire any fecure eflablifhment to our families. In this deplorable fituation, let it not be confidered, we earneftly befeech your Majefl;y, as an inftance of prefuniption or difcontent, that we thu6 adventure to lay open to your Ma- jefty's mercy, a very fmall part of our uncommon fufferisgs ; what we have concealed under a refpedtful filence, v/ould form a far longer, and full as melancholy a recital ; we fpeak with reludtance, though we feel with anguifh ; we refpeft from the bottom of our hearts that legiflation under which we fufFer ; bat we humbly conceive it is impoflible to procure redrefs without complaint, or to make a complaint, that by fome conftruiftion may not appear to convey blame : and nothing, we afTure your Majelly, fhould have extorted from us even thefe complaints, but the llrong necefiity we find ourfelves under of employing every lawful, humble endeavour, left the whole purpofe of our lives and labours Oiouid prove only the means of confirming to ourfelves, and entailing on our pofte- lity, inevitable beggary, and the moft abjedl: fervitude ; a fer- vitude the more Intolerable, as it Is fuifcrcd amidft that liberty, tliat peace, and that fecurity, which, under your Majefty's benign influence, is fprcad all around us, and which vi'e alone, of all your Majefty's fubjedts, are rendered incapable of partaking. In all humility we Implore, that our principles may not be efti.nated by the inflamed charge of controverfial writers, nor CL our 114 our pra(fliccs meafured by the events of thofe troubled periods, when parties have run high (though thefe have been often mifreprefented, and always cruelly exaggerated to our preju- dice) ; but that we may be judged by our own adtions, and in our own times ; and we humbly offer it to your mod equi- table and princely confideration, that we do not reft the proof of our fincerity on words, but on things ; on our dutiful, peace- able, fubmifllve behaviour for more than fourfcore years : and though it will be confidered as too fevere to form any opinion of great bodies, by the praftice of individuals, ^f/ if in all that time, amongst all our people. In the daily increafe of fevers laws againjl us^ cne treafonalle infurreSion, or one treafon- alle confpiracy can be proved ; if amongst our clergy , one feditious fermon can be fheivn to have been preached; we will readily admit that there is good reafon for continuing the prefcnt laws in all their force againll us ; but if, on the contrary, (we fpeak in full confidence), it can be fliewn, that our clergy have ever exerted their utmoft endeavours to en- force fubmiffion to your Majefty's government, and obedience to your laws ; if it can be (hewn that thefe endeavours hare always been moft ftrenuous in times of public danger, or when any accident tended to create a ferment amongft the people ; if our laity have frequentJy offered (wiiat we are always ready to fulfil) to hazard their lives and fortunes for your Majefty's fervice ; if we have willingly bound up the fruits of our dif- couragcd induftry with the fortune of your ?v/lajefty's govern- ment in the public loans ; then, we himjbly hope, we may be admitted to a fma:i portion of mercy, and that that behaviour, v.'liich your Majefty's btnignity and condefcenfion will efteem a merit in our circuniftdnccs, may entitle us, not to reward, but to fuch toleration as may enable us to become uftful citi- zens to our country, and fubjocis a» profitable, as we are loyal to your Majcfty. Per 115 Permit us, moft gracious Sovereign, on this occafion, to reiterate the aflurances of our unfhaken loyalty, which all our fufFerings have not been able to abate ; of our fincere zeal for your Majefty's ferviee, of our attachment to the conftitution of our country, and of our warmeft gratitude for your Ma- jefty's continual indulgence, and for the late infiance of favour we have experienced from Parliament, in enabling us, con- ilftent with our religious tenets, to give a legal proof of our fentiments upon thefe points. And we humbly hope, that the alacrity and eagernefs with which we have feized this firft, though long wifhed opportunity of teftifying, in the moft fo- lemn and public manner, our inviolable fidelity to your Ma- jefty, our real principles, and our good-will and affeflion to- wards our fellow-fubjeds, will extinguifli all jealoufies, and remove thofe imputations, which alone have hitherto held us forth in the light of enemies to your Majefty, and to the ftaste. And if any thing farther can be fuggefted or devifed, where- by we can, by our adlions, more fully evince ouv fincerity, we ftiall confider fuch an opportunity cf demonftrating our real loyalty, as an high favour, and fiialf be deficient in no aft whatever, which does not amount to a renunciation of that religious profefTion which we value more than our lives, and which it cannot be fufpeded we hold from obftinacy or a con- tempt of the laws, lince it has not been taken up by ourfelves, but has, from time immemorial, been handed down to us from our anceftors. We derive no fmall confolation, moft gracious Sovereign, from confidering, that the moft fevere and rigorous of the laws againft us had been enaded before the accefTion of your Majefty's moft illuftrious Houfe to the Throne of thefe king- doms : we therefore indulge the more fanguine hopes, that the mitigation of them, and the eftablilTiment of peace, induftry, and univerfal happinefs, amongft all your loyal fubjeds, may Q^'S be no be one of tlii bicflmgs of your Majefly's reign. And though ive might pka.i in favour of ftich relaxation, the exprefs nvordt of a foiemn treaty ^ entered into luith us, by your Majefly't royal predecejfor. King IViUiam^ fnvhich has been forfeited by no d'ifohedience on our part), yet xve neiiher wifh, nor de- fire, to receive any thing, but as a mere ad of your Majefly's clemency, and of the indulgence and equity of your Par- liament. That this aft of truly loyal beneficence and juftice may be added to the other inftances of your Majefty's auguft virtues, and that the deUverance of a faithful and diftreffed people may be one of thofe diftingui/hing afts of your reign, which (hall tranfmit its memory to the love, gratitude, and veneration, of our latefl pofterity, is the humble piayerof, &c. &c. In the year 1778,* an aft paffed " for the *' relief of his Majefly's fubjefts of this king- *' dom, profeffing the Popifli religion." The preamble of which contains a confirmation of every thing that has been already advanced, con- cerning the loyalty of the Catholics, and a decla- ration on the part of the King and Parliament, concerning the policy of admitting the Catholics into a full participation of the bleilings of the Conftitution, which is a complete recognition of their right to enjoy them. It flatcs, " And " Whereas, from their uniform peaceable beha- ** viour * ITih and ISth of Geo. III. c. -VO, 117 *' viour for a long feries of years, it appears " reafonable and expedient to relax the fame, '^ (the laws of Anne) ; and it mud tend not " only to the cultivation and improvement of this *« kingdom, but to the profperity and flrength of " all his Majefty's dominions, that his fubje^s of " all denominations, Jhould enjoy the hlejjings of a '■'■ free conftitution, and Jhould be bound to each other " by mutual interejl and mutual affeSlioUy l^cJ* ' By this aft Papifls, provided they take the oath of declaration of 13th and 14th of Geo. III. c. 35. are admitted to the following privileges. — They may take land on leafes not exceeding 999 years, or determinable upon any number of lives not exceeding five. The lands of Papifts are to be dependable, devifeable, and transferable, as fulFy as if the fame were in the feizure of any other of his Majefl:y*s fubjefts, Papifls are rendered capable to hold and enjoy all eftates which may defcend, be devifed or transferred jto them. No 118 No maintenance is to be hereafter granted to a conforming child of a Papif^, out of the per- fonal property of fuch Papiifc, except out of fuch leafes as which may be taken under this aa. And the conformity of the eldefl fon is not to alter hereafter the Popifli parents eftate. In the year 1782, another aft paffed " for " the further relief of his Majefly's fubjefts *' of this kingdom, profiling the Popifh re- " ligion."* The preamble of tlxis aft flates : " Whereas, " all fuch of his Majefty's fubjcft^ in this king- " dom, of whatever perfuafion, as have hcre- " tofore taken and fubfcribed, or fliall hereafter " take and fubfcribe, the oath of allegiance and *' declaration prefcribed by an aft paffed in the " 13th and 14th year of his prefent Majefty's *' reign, entitled an aft to enable his Majefty's " fubjefts, of vphatever perfualion, to teftify their *' allegiance to him, ought to be confidered as *' good * 21st and 22d Geo. III. c. 2t. 119 " good and loyal fubjefts to his Majefty, his " crown and government: and whereas a con- " tinuance of feveral of the laws formerly '' enacted, and dill in force in this kingdom, " againfl perfons profeffing the popifli religion, " is therefore unneceffary, in refpeft to thofe " who have taken, or fliall take the faid oath, " and is injurious to the real wealth and prof- " perity of Ireland, therefore, &c. By this aft Catholics, provided they take this oath, may purchafe or take lands, or any intereft therein, except advowfons or boroughs returning members of Parliament, and difpofe of the fame by will or otherwife j and Popifh ecclefiaftics, on the fame condition, and regiftering their name and abode, with the regifter of the diocefe, are difcharged from all penalties. This aft repeals fo much of 8th Anne, as fub- jefts Papifts to fine and imprifonment, on his refufal to teftify on oath before two juftices of the peace, when and where he heard the Popiili mafs celebrated, and the names of the perfons celebrating it 5 and fo much of 7th Wra. III. c. 5. 120 as fubje^s any Papifl, who (hall have in his poflefTion any horfe of the value of 5I. or more, to the penahies therein mentioned ; and fo much of Sth Anne, as enables the Lord Lieutenant to feize any horfe belonging to a Papift, upon a profpea of invafion or rebellion. It alfo repeals fo much of 9th Geo. II. c 6. as enables grand juries to reimburfe fuch perfons who have been robbed by privateers in time of war, for their lolTes, and to levy the fame on the goods of Papifts only ; and fo much of 6th Geo. I. c. 1 o. as fubjefts Papifts, who lliall not provide a Protef- tant watchman to watch in their turn, to certain penalties ; and fo much of 2d Anne, c. 6, as fnbje •which we (land dcfcrve confidcration. For near a hundred years, we and our fathers, and our grandfathers, have groaned under a code of laws, (in fume paits already purged from tho flatutes), the like of which, no age, no nation, no climate ever faw. Yet, fore as it were from the fcourge of a»5live perfe- #ution, fcarce yet confirmed in our minds, and but lately fccure in our perfuns and in our houfes, from the daily alarms of fearch-warrants and informers, we come before Parliament foi" the firlf time; and we come to afk an alleviation of bur- dens, under which we can only find confolation in the melan- choly comparifon of former times. In this (late of icccnt ajv prehenrwu 135 fsrehcnfion and troubled anxious hope, with minds unadapted to the precife obfervances oi decorum, we reft upon the (Imple merits of our cafe It is a part of our calamities, that we do not know how to tell them with propriety ; and if our complaints (hould deviate into rcmonftrance, and we fhould feem to upbraid, when we mean to fupplicate, we truft a due allowance will be made for expreffions extorted by our an- £ui(h, or proceeding from an inevitable ignorance of form. Excluded from the conftitution in all its parts, and in many refpe€ penalties of a general outlawry, and a gcHeral excommunication. Difabi- lity meets us at every hour, and in every walk of life. It cramps our induftry, it fhackles our property, it deprefles our genius, it debilitates our minds. — Why arc we disfranchifed, and 13^7 and why are we degraded ? Or rather, why do tbefe erlls afflict our country, of which we are no i'nconilderable part? We moft humbly and earneflly fupplicate and implore Par- liament to call this law of univerfal exclufion to a fevere ac- count, and now at laft to demand of it, upon what principle it (lands, of equity, of morality, of juftice, or of policy. And, while we requefl: this fcrutiny into the law, we demand aMb the fevereft fcrutiny into our principles, our anions, our words, and our thoughts. Wherein have we failed as loyal and afFeflionate fubjecfls to the beft of Sovereigns, or as fober, peaceable, and ufeful members of fociety. Where is that people who can offer the teftimony of a hundred years patien^ fubmiffion to a code of laws, of which no man living is now an advocate — without fedition, without murmur, without complaint. Our loyalty has undergone a century of fevere perfecution for the fake of our religion, and we have come out of the ordeal with our religion, and with our loyalty. Why then are we ftill left under the ban of our country ? We differ, it is true, from the national church, in fome points of doitrinal faith. Whether it is our blefEng or our misfor. tune, He only knows to whom all things are known. For this our religion we offer no apology. After ages of learned and critical difcuflion, we cannot expeA to throw farther light upon it. W? have only to fay, that it is founded on revela- tion, "as well as the religion eftablifhed by law. Both you and we are regenerated in the fame baptifm, and proftfs our belief in the fame Chrift ; you according to the church oi England, we according to the church of Rome. We do not cxercife an abjedt or obfcurc fuperftition. If we err, our errors have been, and ftill are, fandtioned by the example of many flourifhing, learned, and civilized nations. We do not enter, we difdain to enter into the cavils of antiquated fophif- try, and to infult the underftanding of Parliament by fuppof- T ing 138 Ing it nec^fiary to prove that a religion is not incompatible ^^'ith civil government, which has fubfifled for fo many hun- dred years under every poflible form of government, in fome trlerated, in fome cftablifhed, even to this day. With regard to our civil principles, we are unalterably, deeply, and zealoufly attached to his Majefty's perfon and government. Good and loyal fabjeds we are, and we are declared by law to be. With regard to the Conflitution of the state, we are as much attached to it as it is poflible for men to be attached to a conftitution by which they are not avowed. With regard to the conftituiion of the church, we are, indeed, inviolably attached to our own : Firft, becaufe we believe it to be true } and next, becaufe, beyond belief, we know that its principles are calculated to make us, and have made us, good men and good citizens. But as we find it anfwers to us, individu?lly, all the ufeful ends of religion, rue fokmn^y and confcientioujly declare, that tve are fatisfied tvUh the prefent condition of our ecckjiajlical policy . With fatls^ fadlon, ive acquiefce in the ejiahllfjjment of the national church; lae neither repine at its pnjfejfions, nor envy its dignities ; tve are ready y upon this pointy to give every affurance that is binding upon man. With regard to every other fubjecft, and to every other calumny, we have no difavowals, we have no declarations to make: Confcious of the innocence of our lives, and the purity of our intentions, we are juRified in afking, what reafon of ftate exifts, and we deny that any does exift, for leaving us ftill in the bondage of the law, and under the protra<5led re-"^ ftriflion of penal ftatutes. Penalties fuppofe, if not crimes, at leaft a caufe of reafonable fufpicion. Criminal imputations like thofe (for to be adequate to the effeift, they mud be great indeed) are, to a generous mind, more grievous than the penalties ihemftives. They incontrovertibly imply, that we are 139 are confidered by the legiflature as ftandiog in a doubtful light of fidelity or loyalty to the King, or to the Conftitutioa of our country, and perhaps to both. While on thefe unjufl: fuppofitions we are deprived of the common rights and privi- leges of Britlfh and of irifh fubjeds, it is impoffible for us to fay we are contented while we endure a relentlefs civil pro- fcription for which no caufe is alleged, and for which no rea« fon can be affigned. Becaufe we now come with a clear, open, and manly voic^ to infift upon the grievances under which we ftill labour, it is not to be inferred chat we have forgot the benignant juftice of Parliament, which has relieved us from the more oppreflive, but not the moil extenfive part of the penal fyftem. In thofe days of afflidlion, when we lay proftrate under the iron rod, and, as it were, entranced in a gulph of perfecution, it was neceflary for Parliament to go the whole way, and to ftretch out a faving hand to relieve us. We had not the courage to look up with hope, to know our condition, or even to con- ceive a remedy. It is becaufe the former relaxations were not thrown away upon us ; it is becaufe ^e begin to feel the influence of fomewhat more equal laws, and to revive from our former inanition, that we now prefume to itand ereift be- fore you : Conceiving that Parliament has a right to expe(5^, as a tell of our gratitude, that we fhould no longer lie a dead weight upon our country, but come forward in our turn to aflift with our voice, our exertions, and our councils, in a work, to which the wifdom and power of Parliament is in- competent without our co-operation — the application of a policy, wholly new, to the preffing wants, and to the intimate neceflities of a people long forgotten, out of the fight and out of the knowledge of a fuperintending legiflature.— Accord- ingly we are come, and we claim no fmall merit that we have found our way to the door of Parliament. It has not been ipade eafy for us. — Every art and induRry has been exerted to T 2 . obftruil 140 obftru^ us : Attempts have been made to divide us into fac- tions, and to throw us into confufion. We have flood firm and united. We have received hints and cautions ; obfcure intimations and public warnings to guard our fupplicationft againft intimidation. We have redfted that fpecies of dif- guifed and artful threat. We have been traduced, calum- niated, and libelled. Wc have witnefled finifter endeavour* Egain to blow the flame of religious animoCty, and awake the flumbering fpirit of popular terrors and popular fury. — But we have remained unmovtd. We 'are, indeed, accuftomed to this tumid agitation and ferment in the public mind. In former times it was the conftant prccurfor of more intenfe perfecution, but it has alfo attended every later and happier return of legiflative mercy. But whether it betokens us evil or good, to Parliament we come, to feek, at that Ihrine, a fafeguard ftom impending danger, or a communication of new Woefits. What theti do we aflt of Parliament ? To be thoroughly united and made one with the reft of our fellow-fubjcfts. That, alas! would be our firft, our dearefl wifti. But if that is denied us, if facrifices are to be made, if by an example of rare moderation, we do not afpire to the condiuon of a fair equality, we arc ilot at a lofs to find, in the range of focial benefits (which is nearly that of our ptefent exclufionsj an ob- jeft which is, and ought to be, the fcope and refling-place of our wiflies and o«r hopes. That which, if we do not aflc, we are not worthy to obuin. We knock that it may be opened untO us. We have learned by tradition from our an- ccftors, we have heard by fame in foreign lands, where we have been driven to feek education in youth, and bread in manhood ; and, by the contemplation of our own minds, we lire filled with a deep and unalterable opinion that the Iri/Ji, formed upon the model of the BritiOi cooftitution, is at blef- fing of ineflimable rake ; that it contributes, and is erca edcntiaiif 141 tfientiany neceflkry for national and individual happincfs. Of this conftitution, we feel ourfelves wonlvy ; and though not praftically, we know the benefits of its franchifes. Nor can we, without a crimimal diffimulation, conceal from Parliament the painful inquietude which is fek by our whole perfuafjo«, and the dangers to which we do not ceafe to be expofed, by this our total and unmerited exclufion from the common rights, privileges, and franchifes, conceded by our King? for the protefHon of the fubje(a. This exclufion is indeed the root of every evil. It is that which makes property infecure, and induftry precarious. It pollutes the flream of juftice. It is the caufe of daily humiliation. It is the iofurmountable barrier, the impalSble line of feparation which divides the na- tion, and which, keeping animofity alive, prevents the entire and cordial intermixture of the people. And therefore in- evitably it is, that fome (hare, fome portion, fome participa- fion in the liberties and franchifes of our country, becomes the primary and eflential objedt of our ardent and common foH- «itation. It is a blefling for which there is no price, and can be no compenfation. With it, every evil is tolerable ; without it, no advantage is defirable. In thisv as in all things, we fub- mit ourfelves to the paramount authority of Parliament; and we fhall acquiefce in what is given, as we do in what is taken away. But this is the boon we alk. We hunger and we thirft for the conftitution of our country. If it fhall be deem- ed otherwife, and fhall be determined that we are qualified perhaps for the bafe and lucrative tenures of profeflional occu- pation, but unworthy to perform the free and noble fervices of the conftitution, v/e fubn-.it, indeed, but we folemnly proteft againft that diftindlion for ourfelves and for our children. It is no aft of ours. Whatever judgment may await our nietits or our failings, we cannot conclude ourfelves, by recognizin:;, for a confideration, the principle of fervility and perpetual dcgr'idatioa. Thefe 142 Thefe are the fentiments which wc feel to the bottom of our hearts, and we difclofe them to the free Parliament of a Monarch whofe glory it is to reign over a free people. — To you we commit our fuppiicatioDS and our caufe. We have, indeed, little to apprehend, in this benigner age, from the malignant afperfions of former times, and not more from the obfolete calumnies of former ftrife ; although we fee them en- deavouring again to colieia the remnant of their exhauQed Tenom, before they die for ever, in a laft and feeble effort to traduce our religion and our principles. But, as oppreflion is ever fertile in pretexts, we find the objedions flarted againft us more dangerous becaufe they are new, or new at leaft in the novelty of a {hamelefs avowal. They are principally three — Firft, it is contended that we are a people originally and fundamentally different from yourfelves, and that our interefts are for ever irreconcileable, becaufe fome hundred years ago our anceftors were conquered by your's. We deny the coo- clufion ; we deny the fact. It is faJfe. — In addreffing our- felves to you, we fpeak to the children of our anceftors, as we alfo are the children of your forefathers : Nature has triumph- ed over law ; we are intermixed in blood ; we are blended in connexion ; we are one race ; we all are Irifhmen ; fubjedts of the Imperial Crown of Ireland. The honour of Tarlia- ment is concerned, to reprefs the audacity of thofe who tell us that you are a foreign colony ; and, confequcntly, ought to govern according to the principles of invaders, and the policy of recent ufurpation. At Icaft we confide that you will not fuffer the walls of Parliament to be contaminated with that libel upon the government of Ireland. The fhaft which was aimed at us has flruck yourfelves ; a memorable, but, at the fame time, we trull, a niofl aufpicious example, to teach both you and us, and our common poflerlty, that our intcrelh are one ; and that whatever affcds the well-being and hongoir of the Roman Catholics, is alfo injurious to the Pr^tc/la'-t intercft. Of the fame complexion and tendency are the two objesfliow. 143 obje(flion?, one that our advancement in property and privilege would lead to a repeal of the acSl of fettlement ; the other, that our participation in the liberties and franchifes of our country, would endanger the exigence of the conftitution into which we are admitted. A refiimption of the lands forfeited by our and your ancef- tors, (for they are the Himej, after the lapfe of fo many years, (near three returns of the longeft period of legal limitation) after the difperfion and extinction of fo many families; after fo many transitions and divisions, repartitions and reconfolida- tions of property ; fo many fales, judgments, mortgages, and fettlements ; and after all the various procefs of voluntary and legiil operation, to conceive the revival of titles dormant for ]50 years, is an idea fo pcrfeflly chimerical, fo contrary to the experience of all ages and all countries, fo repugnant to the principles of jurifprudence, and fo utterly impoffible in poinOiof faift; that the Roman Catholics of Ireland, once for all, make it their earned requefl to have that queftion thoroughly invefligated, in the aflured hope, that fo idle, vain, and abfurb an objedt of public apprehenfion, being expofed and laid open to the eye of leafon, may fleep in oblivion for ever. As to the pther fubje ▼ation of all our other calamities ; we are deprived of the eleflive franchife, to the manifeft perverfion of the fpirit of the conftitution, inafmuch as your faithful fubje<^s are thereby taxed, where they are not reprefented, acflually or virtually, and bound by laws, in the framing of which, they have no power to give, or with-hold their aflent ; and we mod hum- bly implore your Majefty to believe, that this our prime and heavy grievance is not an evil merely fpeculative, but is at- tended with great diftrefs to all ranks, and in many inftances, with the total ruin and deflrufllon of the lower orders of your Majefty's faithful and loyal fubjcds the Catholics of Ireland ; for may it pleafe your Majefly, not to mention the infinite variety of advantages, in point of prote<5lion and otherwife, which the enjoyment of the eledive franchife gives to thofc who poflefs it, nor the conftquent inconveniencies, to which ttiofe who are deprived thereof are liable ; not to mention the difgrace to three-fourths of your loyal fuljcifls of Ireland, of living the only body of men incapable of franchife, in a nation pofTe fling a free cooftitution, it continually happens, and of Dcceflitf I6l neeeflity from the malignant nature of the law muft happen, that multitudes of the Catholic tenantry in divers counties in this kingdom are, at the evpirsrtion of their leafes, expelled from their tenements and farms to make room for Proteftant freeholders, who, by their votes, may contribute to the weight and importance of their landlords ; a circumftance which ren- ders the recurrence of a general election, that period which is the boaft and laudable triumph of our Proteftant brethren, a vifitation and heavy curfe to us, your Majefty's dutiful and loyal fubjefls. And may it pleafe your Majefty, this uncertainty of pofTeflion to your Majefty's Catholic fubjedts operates as a perpetual reftraint and difcouragement on in- duftry and the fpirit of cultivation, whereby it happens, that this your Majefty's kingdom of Ireland, pofTeffing many and great natural advantages of foil and climate, fo as to be ex- ceeded therein by few, if any countries on the earth, is yet prevented from availing herfelf thereof fo fully as (he other- wife might, to the furtherance of your Majefty's honour, and the more efFedual fupport of your fervice. And, may it pleafe your Majefty, the evil does not even reft here; for many of your Majefty's Catholic fubjefts, to pre- ferve their families from total deftru6lion, fubmit to a nomi- nal conformity againft their convidtion and their confcience, and preferring perjury to famine, take oaths which they utterly ciftjelieve ; a circumftance, which we doubt not will ftiock your Majefty's well-known and exemplary piety, not lefs than the mifery which drives thofe unhappy wretches to fo defpe- rate a meafure, muft diftrefs and wound your royal clemency and commiferation. And may it pleafe your Majefty, though we might here reft our cafe on its own merits, juftice, and expediency, yet we further prefume humbly to fubmit to your Majefty, that the right of franchife was, with divers other rights, enjoyed y 162 by the Catholics of this kingdom, from tlie fiift adoption of the Enghfh conllitution by our forefathers, was fecured to at Jcad a great part of oar body by the treaty of Limerick, in 1691, guaranteed by your Majefly's royal predccefTors, King William and Queen Mary, and finally confirmed and ratified by Parliament; notwithftanding which, and in breach of the public faith of the nation thus folemnly pledged, for which our anceftors paid a valuable confidcration, in the furrender of their arms, and a great part of this kingdom, and notwith- ftanding the moft fcrupulous adherence, on oir part, to the terms of the faid treaty, and our unremitting loyalty from that day to the prefent, the faid right of ele^ive franchife was finally and univerfally taken away from the Catholics of Ire- land, fo lately as the Cril year of his Majefty King George the Second. And when we thus prefume to fubmit this infraiflion of the treaty of Limerick to your Majefly's royal notice, it is not that we ourfelves confider it to be the ftrong part of our cafe ; for though our rights were recognized, they were by no means created by that treaty ; and we do with all humility conceive, that if no fuch event as the faid treaty had ever taken place, your Majefly's Catholic fubjeds, from their un- varying loyalty, and dutiful fubmilfion to the laws, and from the great fupport afforded by thtm to your Majefly's govern- ment in this country, as well in their perfonal fervice, in your Majefly's fleets and armies, as from the taxes and revenues levied on their property, are fully competent, and ju/tly en- titled to ]iarticipate and enjoy the blcffingj of the con(U[ution of their country. And now that we have, with all humility, fubmlttcd oui grievances to your Majefty, permit us, moft gracious Sove- reign, again to reprefent our finccre attachment to the conlli- tution, as cilabliflied in the three cftatts of King, 1 ords, and Connnorr; i6t Commons ; our uninterrupted loyalty, peaceable demeanour, and fubmilTion to the laws for one hundred years ; and our determination to perfevere In the fame dutiful condusH:, which has, under your Majefty's happy aufpices, procured us thofe relaxations of the penal ftatutes, which the wifdom of the legifjature has from time to time thought proper to grant ; we humbly prefume to hope, that your Majefty, in your paternal goodnefs and afFedion towards a numerous and opprefled body of your loyal fubje^ts, maybe gracioufly pleafed to recommend to your Parliament of Ireland, to [take into their confidera- tlon the -whole of our fituation, our numbers, our merits, and our fufFerings ; and as we do not give place to any of your Majefty's fubjefls in loyalty and attachment to your facred perfon, we cannot fupprefs our wiflies of being reftored to the rights and privileges of the conftitution of our country, and thereby becoming more worthy, as well as more capable of rendering your Majefty that fervice, which it is not lefs our duty than our inclination to afford. So may your Majefty tranfmit to your lateft pofterity, a crown fecured by public advantage and public affeflion ; and fo may your royal perfon become, if poflible, more dear to your grateful people. On the 2d January 1793, the gentlemen who had been deputed to prefent this petition were in- troduced to his Majefly by Mr. Dundas ; and, on the I oth of the fame month, Lord Weflmorland, in a Ipeech from the throne to both Houfes of Parliament, fiiid, " I have it in particular com- " mand from his Majefly to recommend it to " you, to apply yourfelves to the confidcration of Y 2 « fach 164 ** fuch meafurcs as may be moft likely to flrengthcn " and cement a general union of fentiment among " all claffes of his Majefty's fubjefts, in fupport *' of the eflablifhed conftitution -, with this view, ** his Majefty trufls, that the fituation of his Ma- •' jefty's Catholic fubjcfts will engage your ferious " attention ; and, in confideraiion of this fub- " jecl, he relies on the wifdom and liberality of « Parliament." In a few days afterwards, Major Hobart, now Lord Euckinghamfhire, prefented to the Houfe of Commons a petition from the Catholics, pray- ing for reiief. A petition to the fame efFeft was prefented from the Proteftant inhabitants of Bel- fad, and foon after the royal alTent was given to the following aft for affording relief to his Majefty*s Popifh or Roman Catholic fubjefts of Ireland. Whereas various a<5ts of Parliament have been pafTed, im- pofing on his Majefty's fubjcds profefling the Popi(h or Roman Catholic religion, many reftraints and difabilitics to which other fubjcifls of this realm are not liable ; and, from the peaceable and loyal demeanour of his MajeOy's Popifh or Roman Catholic fubje»51s, it is fit that fuch reftraints and dif- abilities fhall be difcontinued : Be it therefore enatfls^d by the King's i6l King's mod excellent Majefty, by and with the advice and confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the authority of the fame, that his Majerty's fubjeds being Papifts, or perfons profefling the Popifli or Roman Catholic religion, or married to Papifts, or perfons profefiing the Popifh or Roman Catho- lic religion, or educating any of their children in that religion, (hall not be liable or fubjedl to any penalties, forfeitures, dif- abilities, or incapacities ; or to any laws for the limitation, charging, or difcovering of their eftates and property, real or perfonal, or touching the acquiring of property, or fecurities affeding property, fave fuch as his Majefty's fubjeds of the Proteftanr religion are liable and fubjetfl to ; and that fuch parts of all oaths as are required to be taken by perfons ia order to qualify themfelves for voting at elef the proteftant religion, ftiall forfeit the fum of five hundred pounds to his Majefty, upon conviction thereof. 13. And whereas it may be expedient, in cafe his Majefty, his heirs and fuccefiibrs, fhall be pleafed to alter the ftatutes of the College of the holy and undivided Trinity, near Dublin, and of the univerfity of Dublin, as to enable perfous profef- fing the Roman catholic religion to enter into or to take 'i. 1 degrees 172 degrees in tlie faid univerfity, to remove any obflacle which now exlfts by ftatute lawj be it enacted, That from and after the firft day of June one thoufand feven hundred and ninety- three, it fhall not be neceflary for any perfon, upon taking any of the degrees ufually conferred by the faid univerfity, to make or fubfcribe any declaratioB, or to take any oath, favc the oaths of allegiance and abjurdtion, any law or ftatute to the contrary notwithllanding. 14. Provided always. That no papift or Roman catholic, or perfon profefling the Roman catholic or popifh religion, fhall take any benefit by or under this act, uniefs he fhall hare firft taken and fubfcribed the oath and declaration in this act contained and fet forth, and alfo the faid oath appointed by the faid act pafTed in the thirteenth and fourteenth years of his Majefly's reign, entitled, '* An Act to enable his Ma- •* jefly's Subjects, of whatever Perfuafjon, to teftify their " Allegiance to him," fn fome one of his Majefty's four courts in Dublin, or at the general fefTions of the peace, or at any adjournment thereof fo be holden for the county, city, or borough wherein fuch papift or Roman catholic, or perfon profefTing the Roman catholic or popifh religion, doth inhabit or dwell, or before the going judge or judges ofafTize, in the county wherein fuch papifi or Roman catholic, or perfon profelTing the Roman catholic or popifh religion, doth inhabit and dwell, in open court. 15. Provided always, and be it enacted, That the names of fuch perfons as fhall fo take and fubfcribe the faid oaths and declaration, with their titles and additions, fhall be en- tered upon the rolls for that purpofe to be appointed by ftid refpectivc courts ; and that the faid rolls, once in every year, (hall be tranfmitted to, and depofitcd in the rolls office in this kingdom, to remain amongft the records thereof; and the maOer* or keepers of the rolls in this kingdom, or their law- ful 173 ful deputy or deputies, are hereby empowered and required to giv€ and deliver to fuch perfon or perfons Co taking and fub- fcribing the faid oaths and declaration, a certificate or certi- ficates of fuch perfon or perfons having taken and fubfcribed the faid oaths and declaration, for each of which certificates the fum of one (hilling and no more fhall be paid, 16. And be it further provided and enacted, That from and after the firft day of April one thoufand feven hundred and ninety-three, no freeholder, burgefs, freeman, or inhabit- ant of this kingdom, being a papift or Roman catholic, or perfon profefling the Roman catholic or popidi religion, fliall at any time be capable of giving his vote for the electing of any knight or knights of any {hire or county within this king- dom, or citizen or burgefs to ferve in any Parliament, until he fhall have firfl produced and fhewn to the high IherifFof the faid county, or his deputy or deputies, at any eledion of a knight or knights of the faid (hire, and to the refpely and fully as any proteftant freeholder, freeman, burgefs, or inhabitant of fuch county, city, borough, or town corporate, but not otherwife.* The » As no further concefTions have been made to the Catholics, it may be as well ro eniimtiate here, as in any other place, tlie various difzbi- liiies to which they are rtill liable. Edutatior, — They cannot teach fchool, unlefs they take the oaths of l.lth. 14th Geo III. c. 35. They cannot take Proteftant fcholars, or be afhers to Proteftant fchoolmafteis, ^zd Geo. III. c. 20. 174 The general committee, in teftimony of their gratitude to the King for this mod important con- cellion, prefcntcd the following addrcfs to the Lord Guardian/hip — They cannot be guardians, unlefi they take the oaths of 13th, 14th Geo. III. c. ^$ If ccclefiaiHcs, th«y cannot, under any circumftances, be guardians ; nor can any Catholic be guardian to a child of a Protedanr, 30th Geo. Ill c 29. Marriage.^U ^ Catholic clergyman marries a Protertant and a Ca- tholic, the marriage is, null and void, and he is liable to luffcr death, 32d Geo. III. c. 11. Stlf-defence — No Catholic can keep arms, unlcfs he poflcnis a free- hold eftate of lol. per annum, or a pcrfoual eHate of 300I. If (o qua- lified, he muft further qualify himfelf by taking the oaihs of 13th, i4(h Geo. in. c. 35. ; unlcG he has a freehold eflate of lool per annum, or a pesfonal eflate of loool. 33d Geo. 111. c. ai. Exereife of Religion — The Catholic clergy muft take the oath« of 13th, i4lh Geo. ni.c. 35 and regiftcr their place of abode, age, and parilh. No chapel can have a fleeple or bell, no funeral can take place in any church or chapel-yard, and no rites or ceremonies of tha religion or habits of their order are permitted, except within their fcvcral places of worlhip or in private houfes, 21ft, lad Geo. III. c. 24. § 6. Property. — The laws of Anne aie in force againft all Catholics who do not take the oaths of 13th, 1 4th Geo. III. c. 35. ; and alfo againfl all Protellants who may have lapled or become converts to the Catho- de religion. Francbiftt. — No Catholic can hold any of the offices enumerated in § 9. of an aft here inferred. Catholics cannot fit in Parliament. They cannot vote at eleftions for members without taking the oaths of the 13th, 14th Geo. III. c. 3i. and of 53d Geo. III. c. 21. They cannot vote at vedry's. They can- not be barrifters, attorney;, or profclTors of medicine on Sir P. Dunnc'» foundation, without taking the oaths of 13th, 14th Geo. III. c. 35. and of 5 jd Geo. III. c. 11.; or even fowlers and pame-keepers CalhJic Soldiers, by the niuiiny aft, it they refulc to fieqiicnt the Church of England worfhip, uhm ordeied to do lo by their command- ing ollicer, (hall, for the fiifl offence, forfeit 2d.; and, for tht kcond, not only f(>rfeit i2d. but be laid in iions for 12 houis ; and, by the »J feftion, art. ;. of the articles of war, the punilbment even extends to that of death. An Irifh Catholic officer or foldier on landing in Great Britain, Jcr- fey, or Guernfey, is immediately liable to the penalty, an.ong others, the Englifh aft ift Geo. I. c. 13 of forfeiting 300I. Catholics arc excluded from holding the offices of Governor, Deputy- Governor or Diieftot of the Bank of Ireland. No part, fcarcely, in faft, of the penal code is repealed, but all of it is now the law of the land, and in full force ai;aio(l thofc Catholics \kho have not qualified thimklves for relief frem its violence, by taking the oaiths of 13th, 14th Geo. III. c. 3$. or who may have Uplcd 01 becoine converts to the Catholic religion. 17o Lord Lieutenant, to be by him tranfmitted to his Majefty. Mod Gracious Sovereign, We your Majefty's raoft dutiful and loyal fubjeds the Catholics of Ireland, animated with fentiments of the moft lively gratitude, beg leave to approach your Majefty with our fincere and heartfelt thanks, for the fubftantial benefits, which, through your Majefty's gracious recommendations, we have received from the wifdom and liberality of Parliament. Imprefled with a deep fenfe of your Majefty's goodnefs, we refle(5t, that, in confequence of this laft and fignal inftance of your royal favour, the difabilities under which we and our anceftors fo long laboured, have, in a confiderable degree, been removed, the conditutional energy of three-fourths of your loyal fubjeds reftored to their country, and themfelves enabled to teftify, in a manner more ufeful to your Majefty's fervice, their devoted attachment to your perfon, family, and government. Reftored, as we now are, to fuch valuable pri- vileges, it Ihall be our duty, as it is our inclination, to unite in fupport of our excellent conftitution, as eftablifhed in King, Lords, and Commons : — A conftitution revered by us for its excellence, even when fecluded from its bleffings, and from which every advantage we derive becomes a new tie of fide- lity and attachment. Permit us, moft gracious Sovereign, to exprefs our unfeign* ed fatisfadion, that, to a Monarch endeared to us by fo many proofs of clemency, belongs the glorious diftin(5tion of being the firft to begin that work of emancipation, in the accom- plifhment of which, we humbly hope, your Mnjefty will enjojr the gratification of feeing your whole people united in the bonds of equal law and «qual liberty. 176 May your Ma]*fty long continue to reign in the hearts of your faithful fubjeds, difpenfing, as common father to all your people, the ineftimablc blefTings of freedom, peace, and union. The committee llkewife addrcfTed Lord Weft- moreland ! That liberal and confident Lord Lieute- nant, who, in 1790, would not admit the loyal Catholics of Cork to hope for any relief from their difabilities ; who, in 1792, fct on foot the violent refolutions of the corporations and grand juries ligainft all conceffions to the Catholics ; and who, in 1793, was not afliamed to retrace his fteps, and become the public organ of his Majefty's more benevolent and enlightened policy. Although this aft declared that Catholics might hold any military office or employment, as its powers could not extend out of Ireland, and as all Irifli Catholic foldiers, failors, and officers, were uniformly employed on fervices out of Ireland, it was reprefented to the government, that, in order to give it any ufeful cffeft in this refpeft, the Eng- lifh aft of id Geo. L which prohibits Catholics from filling any military fituation, fliould be re- pealed. In anfwer to their application, the Catho- lics were informed by Lord Hobart, that fuch a meafurc 177 rneafure would be immediately adopted, and the letter of the Secretary of State was fliewn to them, containing the promife of the Englifli government. In the Houfc of Lords, when, upon the debate of this a61:, Lord Farnham propofed an amendment to the claufe relating to the military officers, by ren- dering its operation conditional, until England fliould pafs a fimilar law, the Chancellor, Lord Clare, oppofed it ; " for," faid he, '* it could not " be fuppofed that his Majefly would appoint a " man to fuch a poll: until the laws of the empire *' fhould fully qualify him to aft in every part of •" it. It was more than probable a fimilar law to " this would be adopted in England before the *' lapfc of two months, and, on this ground, the *' amendment would be wholly unneceffary." Fourteen years, however, were allowed to pafs by without any fuch law having been attempted to be adopted in England ; and, when the late Minifters fought to refcue the plighted faith of their predeceiTors from well merited reproach, they were accufed of an attempt to fubvert the eflabliftied church, and driven from the councils of his Majefty as the allies of the Pope and the Hiliruments of Bonaparte. A A In 178 In the courfe of this year a mod unequivocal proof was given of the liberal fcntiments which prevailed throughout the Protcftants of the North of Ireland, in regard to their Catholic fellow- countrymen. At the meeting of the convention of delegates, which was held in February at Dun- gannon, and in which the counties of Antrim, Down, Londonderry, Tyrone, Donegal, and Mo- naghan, were fully reprefcnted, they paffcd refo- lutlons in favour of the abfolutc neceility of a re- form in Parliament, including the unqualified ad- miilion of the Catholics. The Synod of UJfter alfo (a body confiding of the whole diffenting clergy of the North, and the Prefbytery of Dub- lin, together with a lay delegate from each parifh) prefented an addrefs to the Lord Lieutenant, in which they exprcfled their fatisfa61ion at the ad- mifiion of the Catholics to the privileges of the conftitution. Thtfc occurrences are of vafl importance in forming a correfi: view of the opinion of the Irifii Proteftants upon this quedion ; becaufe the Prcf- byterians being in numbers fully equal to the Protedants of the Church of Kngland, it leaves but but a fmall number of the whole people adverfe to the Catholic claims, even if all thefe Proteftants were, as they certainly are not, hoflilc to emanci- pation. During this feflion, another fubje£t occupied the ferious attention of the upper-houfe of Parlia- ment. Difturbances had broken out, and out- rages were committed in the county of Louth, and the neighbouring counties of Meath, Cavan, and Monaghan, by perfons of the very lowefl rank in life, afTociated under the name of defen- ders. This body had its origin in religious perfe- cution, and was an almoft inevitable confequencc of the fyftem, according to which Ulfter had been colonized and fettled, and Ireland ruled fmce the reformation. In that province Englifh and Scotch planters had been eftabliflied on the forfeited lands of the native Catholics. Thefe laft were, for the mofl part, obliged to retire to the bogs and mountains ; but, even there, they were not per- mitted to lofe the . remembrance of their fore- fathers, their power and their opulence, in the tranquil enjoyment of fecurity and content. The i)ogs and mountains afforded them no refuge A A 2 againft 180 againft the afts of uniformity and fupremacy, or the accumulating oppreflions of the Popery laws. Nor were the wretched inhabitants exempted by their defencelefs condition from the hatred, con- tempt, and perfecution of their privileged and arrogant neighbours. Hence arofe a mutual ran- corous animofity between the new fettlcrs and natives ; or, in other words, between the Protef- tants and Catholics, tranfmitted from generation to generation, until at lad it became more violent and intolerant than in any other part of Ireland. The volunteers, by the benign in^ucnce of their inftitution, had, for the fnO: time, confidcrably abated this fpirit ; and, by their fuccefsful activity as military men, in keeping the peace, had pre- vented its receiving frefli provocation by outrage and infult. But in proportion as this body de- clined, or was difcouragcd, prejudices and hatred revived, efpecially in diftricls remote from the principal prefbyterian towns, where the growing liberality of the mod enlightened diflenters could fcarcely operate. Thcfe prejudices, which chiefly prevailing in the county of Armagh*, extended, lefs * ] ord V:scuunl Ctuford'.i Address to the Grand Jiirii of .Umn^h. Gentlemen— Having rcqucfted your attendance here this day, 181 lefs or more, into the adjoining diftri^ls of the counties of Down and Tyrone, began to break out day, it becomes my duty to flate the grounds upon which I thought it advifeable to propofe this meeting, and at the fame time to fubmit to your confideration a plan which occurs to me as moft likely to check the enormities that have already brought difgrace upon this country, and may foon reduce it into deep dilirefs. It is no fecret, that a perfecution, accom- panied with all the circumftances of ferocious cruelty, which have in all ages diftinguifhed that dreadful calamity, is now raging in this country. Neither age nor fex, or even acknow- ledged innocence as to any guilt in the late diflurbances, is fuflicient to excite mercy, much lefs to afford prote^^ion. The only crime which the wretched objects of this ruthlels perfecution are charged with, is a crime, indeed, of eafy proof; it is {Imply a profeflion of the Roman catholic faith, or an intimate connexion with a perfon profefTmg this faith. A lawlefs banditti have conftituted themfelves judges of this new fpecies of delinquency, and the fentence they have de- nounced is equally concife and terrible ! It is nothing lefs than a confifcation of all property, and an immediate banifli- ment. It would be extremely painful, and furely unnecefTiry, to detail the horrors that attend the execution of fo rude and tremendous profcription — a profcription that certainly ex- ceeds in the comparative number of thofe it configns to ruin and mifery, every example that ancient and modern hiflory can fupply : for, where have we heard, or in what ftory of human cruelties have we read of more than half the inhabit- ants of a populous country deprived at one blow of the means as well as of the fruits of their induRry, and driven, in the midft of an inclement feafon, to feek a Ihelter for themfelves and 182 out in the year 1791. About that period feveral affociations, among the lower orders of the Pro- teflants, and their heJplefs families where chance may guide them. This is no exaggerated pivhich my family derived under a proteflant title, and, with the blefling of God, I will maintain that title to the utmoft of my power. I will never confent to make a facrifice of proteflant 183 teftants, were formed, under the appellation of Peep-a-day Boys, whofe obje(5t was to fcour the Catholic proteftant afcendancy to catholic claims, with whatever me- nace they may be urged, or however fpecioufly or invidioufly fupported, Confcious of my fincerity in this public declara- tion, which I do not make unadvifedly, but as the refult of mature deliberation, I defy the paltry infinuations that malice or party-fpirit may fuggeft. 1 know my own heart, and I fhould defpife myfelf, if, un- der any intimidation, I could clofe my eyes againft fuch fcenes as prefent themfelves on every fide, or my ears againft the complaints of a perfecuted people. I fhould be guilty of an unpardonable injuftice to the feel- ings of gentlemen here prefent, were I to fay more on this fubje<5t. I have now acquitted myfelf to ray confcience and my country, and take the liberty of propofing the following refolutions : 1ft. That it appears to this meeting, that the county of Armagh is at this moment in a ftate of uncommon diforder ; that the Roman catholic inhabitants are grievoufly opprefled by lawlefs perfons unknown, who attack and plunder their houfes by night, and threaten them with inflant dcftrudion, unlefs they immediately abandon their lands and habitations. 2d. That a committee of magiflrates be appointed to fit on Tuefdays and Saturdays in the chapter- room in the town of Armagh, to receive information againft all perfons of what- •ver defcrlption, who difturb the peace of this county. SA. 184 Catholic diftri£ls about the break of day, and ftrip the inhabitants of fire-arms, alledging that they were warranted in fo doing by the Popery laws, which had indeed for a long period forbid- den, to the members of that communion, the ufe of arms, even for fcif-defencc. The Catholics, thus expofed and attacked, en- tered into a counter-afTociation called defenders, which derived its name from the neceiTity of their fituation, Sd. That the inflruflion of the whole body of magiftrates to their committee fhall be to ufe every legal means witliin their power to flop the progrefs of the perfecution now carry- ing on by an ungovernable mob againft the Roman c;^tholic inhabitants of this county. 4th. That faid committee, or any three of them, be em- powered to expend any fum or fums of money, for informa- tion or fecret fervice, out of the fund fubfcribed by the gen- tlemen of this county. 5th. That a meeting of the whole body of the magiftracy be held every fecond Monday, at the houfe of Mr. Charles M* Reynolds, in the town of Armagh, to liear the reports of tlie committee, and to give fuch further inftruiflions as the exigence of the cafe may require. 6th. That offenders of every defcription in the prefent dif- turbances fliall be profecuted out of the fund fubfcribed by the gentlemen of this county. 185 fituation, and Its excufe from the difficulty, or as they dated, the impoflibility of obtaining juftice againfl their aggreiTors. This afTociation, at firft local and confined, as much as mutual hatred would allow, toaftual felf-defence, began in 1792 to fpread through other parts of the kingdom, and not a little to connect itfelf with more general politics. In proportion as this affociation extended itfeJf into dillrids where no Proteftants of inferior rank in life were to be found, and therefore no out- rages like thofe committed by the Peep-a-day Boys to be apprehended, it gradually loft its charade- riftic of being a religious feud, and became, ia -■ fa£t, an affociation of the very loweft orders, par- ticularly for procuring a redrefs of the grievances of the very loweft orders. Even in the counties where it originated, it ceafed to be actuated by religious animofity before the end of 1792, in confequence of the exertions of the early United Iriftimen, whofe chief endeavours were always direfted to reconcile the Proteftants and Ca- tholics*. B B Thefe * This very accurate account of the origin and progrefs of the defenders is taken from a late publication in America. 186 Thefe diflurbances having attracted the atten- tion of the Houfe of Lords early in 1 793, a fccret committee was appointed to inquire into their caufes, to endeavour to difcover their promoters, and to prevent their extenfion. 'In their report they exculpate the Catholics as a body from all criminality with refpe(5l to thefe proceedings. They fay, " That nothing appeared " before them which could lead them to believe ** that the body of the Roman Catholics in this " kingdom were concerned in promoting or coun- " tenancing fuch diflurbances j** and then they even acquit the lower orders of Catholics of being 'to blame, by faying, " That if all the Magiftrates " in the difhirbed counties had followed the " fplritcd example of the few, who, much to their " honour, exerted thcmfelves with vigour and " courage to fupport ihe laws, the committee are " perfuaded, that thefe diflurbances might have " been fupprelTed ; but, inftead of doing fo, they " remained ina(flive.'* In further corroboration of the inn-oceiice of the Catholics, there is the following declaration of one 187 one of the members of the committee in the de- bate on the Catholic bill. Lord Portarlington faid, " That if he vas not fully convinced that *' the Catholic body had no connedlion whatever " in the difturbances created by fome of their " communion in the North, he fbould never give ** this bill his fupport.'* The Catholic clergy, who have been uniformly ready to promote tranquillity, and inculcate the obligation of a {lri£t fubmiffion to the laws, were not backward, on this occafion, in affifling govern- ment to fupprefs the outrages of the defenders. Dr. Troy, Dr. O'Reilly, Dr. Bray, Dr. Bellew, and Dr. Cruife, all of them titular bifhops, hap- pening to be in Dublin when the bufinefs was firft taken up to the Houfe of Lords, publifhed the following admonition to thofe of their communion, and directed the priefls of their diocefes to read it in their refpe6live chapels. Dear Chriftiafts, Dublin^ January 25, 1793. It has been our conftant pradice, as it is our indifpenfable duty, to exhort you to manifeft on all occafions, that unfhaken loyalty to his Majefty, and obedience to the laws, which the principles of our holy religion infpire and command. This loyalty and obedience have ever peculiarly diftinguifhed the Roman Cathoiics of Ireland. We do not conceive a doubt B B 2 of 188 of their being aiad been determined to commence operations m 206 in 1797, let us fuppofc the rebellion had then broke out, and a/k this queftion, Would it have been a Catholic rebellion ? Certainly not. No raan could venture to maintain an opinion (o utterly untenable. Then, if the rebellion, if it had broken out in 1797, would have been a rebellion of Proteflants, and not one of Catho- lics, how could it become a Catholic rebellion in 1798? Let us again refer to the report of the fecret committee. This gives an accurate account of the progrefs of the rebellion during the year 1797, and (hews by what means, and by whom, the deluded Catholic peafaniry of the South were made parties to the treafon. " It appears to your committee, that the leaders of the treafon, apprehenfive left the enemy might be difcouraged from any further plan of invafion, by the loyal difpofition manifcfted throughout Munfter and Connaught on their former attempt, (by Hochc in December 1796), determined to direft all their exertions to the propagation of the fyftem in thofe provinces, which had hitherto been but partially infcfted. With this view cmif- faries were fent into the South and Weft in great numbers. 207 numbers, of whofe fuccefs in forming new focie- ties, and adminiftering the oaths of the union, there were, In the courfe of a few months, but too evident proofs, in the introduction of the fame difturbances and enormities into Munfter, with which the northern province had been fo feverely vifited.** *' In order to engage the peafantry in the fouthern counties, particularly in the counties of Waterford and Cork, the more eagerly to their caufe, the United Iriflimen found it expedient, in urging their general principles, to dwell with pe- culiar energy on the fuppofed oppreflivenefs of tythes (which had been the pretext for the old Whiteboy infurreftions) ; and it is obfervable, that, in addition to the afts of violence ufually reforted to by the party, for the furtherance of their pur- pofes, the ancient praftice of burning the corn, and houghing the cattle of thofe againH: whom their refentraent was directed, was revived, and very generally praftifed in thofe counties.'* *^ With a view to excite the refentment of the Catholics, and to turn their refentment to the purpofes 208 purpofes of the party, fabricated and falfe tefls were prefented as having been taken to extermi- nate Catholics, and were induftrioufly difTeminated by the emiflaries of the treafon throughout the provinces of Leinfter, Munfter, and Connaught* Reports were frequently circulated amongft the ignorant of the Catholic perfuafion, that large bodies of men were coming to put them to death. This fabrication, however extravagant, was one among the many wicked means by which the de- luded peafantry were engaged the more readily in the treafon." " The meafures thus adopted by the party completely fucceeded in detaching the minds of the lower clafTes from their ufual habits and pur- fuits; infomuch, that, in the courfe of the autumn and winter 1797, the peafantry in the midland and fouthern counties were fworn and ripe for in- furre^lion." From this account of the progrefs of the trea- fon in 1797, in the fouth of Ireland, the following inferences may be deduced ; — ift. That the Ca- tholics of Ireland were unconne<5led with the fvftem eo9 I'yftem of rebellion which had extended over the whole of the Proteflant province of ulfter; ad. That the peafantry of the fonth were corrupted by emiflaries fent amongfl: them by the leaders of the treafon in the north, and not by the Catholic clergy or Catholic ariftocracy ; and, 3d. That the organization of the fouth was not a diftinft effort of a diflin(5l body of people, but a meafare fub- fidiary to the original organization of the Protef- tants of the north, conducfted by the fame party, and having the fame objeft in contemplation. Then it follows, that the leaders of the rebellion being the fame in 1798 as they were in 1797; the objeft of it the fame in 1798 as it was in 1797; the means for carrying it into effed: in 1798 the fame as the means for carrying it into cffb^ in 1797; there can be no more grounds for calling it a Catholic rebellion in 1798, than there were for calling it a Catholic rebellion in 1797 ; ^"^^j there- fore, as there were no grounds for afExing this chara£ter to it in 1797, neither were there any for calling it a Catholic rebellion ia 1798. In 210 In direifk contradiction, however, of fuch a coi^- clufion, and of the flatemeuts of the fecret com- mittee, it has been aflerted by thofe who are intc- rcfled in calumniating the Catholic character, and believed by thofe who are ignorant of its true nature, that the rebellion of Ireland was a Catho- lic rebellion ; that the defigns of the Catholic body went to the malTacre and deflruclion of every Proteflant in Ireland ; and that all their other plans were wholly fubfervient to that of eflablifiiing the Catholic religion.* As "* Thefe are the propofitions whicJi Sir Richard Mufgrave has laboured to maintain. His work profefics to do that which the fecret committee of the Houfe of Commons waa appointed to do, namely, to give a faithful account of this rebellion. A difcerning public will at once fee to which authority they ought to give a preference. Sir Richard dedicated his firll edition to-Lord Cornv/allis. Upon reading it, however, Lord Cornwallis directed his Secretary to write the following letter to him : SIR, Dullhi, March 24. ISO I. I am directed by the Lord Lieutenant to exprefs to you his concern at its appearing, that your late publication of the hiflory of the Rebellions of Ireland has been dedicated to him by permiflion. Had his Excellency been apprized of the contents and nature of the work, he would never have lent the fanction of his name to a book which tends fo ftrongly to revive the dreadful animofiiics which have fo long diftract- ed this country, and which it is the duty of every good fub- ject 211 As to the condu^l of the Catholic clergy of the county of Wexford, it is now well known, " that *' not one of them who had a flock, not one parilh " pried was implicated, or had any concern in *^ fomenting, encouraging, or aiding the rebellion ; ** nay, it is certain, that they abhorred, and de- " tefted, and fliuddered at it, as the mofl wicked, *' fcandalous, and abominable event that they had '^ ever witnelTed."* The fuppofition that the eflablifliment of the Catholic religion was one of the objects of this rebellion, is proved to be unfounded, by the evidence of the principal leaders, Emmet and M*Nevin. The following are their anfwers, given before the committees, to the queftion, " Whether or "t not they would fet up the Catholic rehgion ?'* E E 2 M'lSJevin. ject to endeavour to compofe. His Excellency therefore defires me to requeft, that, in any future edition of the book, the permiflion to dedicate it to, him may be omitted. I have, &c. E. Littlehale?s. * See Dr. Caulfield's Reply to Sir R. Mufgrave, fold by ideating and Co. Duke llreet. 212 M^Nevin — " I would no more confent to tliat, " than to the cftablifliment of Mahometanifm.** Enimot — " I do cot think the Catholics would " wifh to fet up a Catholic eftablifhmeiit, even at •* the prefent day. Perhaps fome old priefts, *' who have long groaned under the penal laws, ** might wi(h for a retribution to themfelves, but " I don't think the young priefts wifh for it ; and " I am convinced the laity would not fubmit to it; *' and that the objedtious to it will be every day •* gaining ftrcngth.'* Two circumftances more only remain to b« taken notice of regarding the conduct of the Ca- tholics as a body in this rebellion. One of them, the indifputable faft, that, of the twenty-four leaders of the rebellion who were baniilied to fort St. George, only foor of thcra were Catholics, twelve were of the Church of England, and the rcmamrng eight were Diflenters. Well indeed, then, might Mr. Pitt fay, in the Houfe of Com- mons in 1805, ^'l^o^<^ opinion i^ the other eircum- ftance alluded to, " I do not confider the late « " rebellion 213 ** rcbelHon In Ireland to have been a Catholk « rcbeUton/'* Fafts, reafon, and authority, therefore, it ap- pears, all coincide in the condemnation of the calumny, which a few blind and midaken men have had jufl- talent enough to propagate amongfl the ignorant and prejudiced. The magna vis veritatis will, however, prevail on this, as well as upon all other occafions, and fooner or later bring forward the unfortunate and much injured Catholics of Ireland to the view of their Englifli fellow-fubjefts, as highly defcrviag of their con- fidence and their affeclion. The next great event belonging to the Catholic qBeftron is the raeafure of union, not a;S having, in any way, altered the political conditiom^ of the Catholics in refpeft to the penal laws, but as a meafure concerning which a conipa£l was virtually entered into between them and the Englifli govern- ment. For though it is true tliflt no regular ar- ticles, like thofe of Limerick, can be produced to prove this compaft, dill there is circumifantial evidence * Debates on Catholic petition, by Cuthel and Martin, p. 126. 514 evidence of fuch a nature as to bring convi(f^ion to every candid mind, that, on the one hand, the Catholics did agree to fupport the union, and, on the other, that the Englifh government, on their part, did indirectly agree to fecure to them, ia confidcration of that fupport, the meafure of emancipation. This evidence is to be collected ; ift. From the fpecch of Mr. Pitt on propofmg the union articles to the Houfe of Commons ; 2d. From the afl of union; 3d. From Mr. Pitt's fpeech, and the letters of Lord Cornwallis and Lord Caillereagh, conr ccrning the change of adminillration in i8oi. ifl. Mr. Pitt's fpeech—" I am well aware,'* fays Mr. Pitt, " that the fubjecl of religious dif- " tinftion is a dangerous and delicate topic, efpe- *' cially when applied to a country fuch as Ire- " land ; the fituation of which, in this refpefb, is " different from every other. Where the efta- «« bliflied religion of the ftate is the fame as the •' general religion of the empire, and where the- *' property of the country is in the hands of a ** comparatively fmall number of perfons profcf^ " flag 21 J " fing that religion, while the religion of a great " majority of the people is different, it is not eafy " to fay, on general principles, what fyftem of " church eflablifliment, in fuch a country, would " be free from difficulty and inconvenience. By " many I know it will be contended, that the re- " ligion profefTed by the majority of the people " would, at leart:, be entitled to an equality of " privileges. I have heard fuch an argument " urged in this Houfe ; but thofe who apply it " without qualification to the cafe of Ireland, for- *' get furely the principles on which Englifh inte- " reft and Englifh conne£lion has been eftabliilied " in that country, and its prefent legiflature is " formed. No man can fay, that, in the prefent " ftate of things, and while Ireland remains a " feparate kingdom, full conceffiom could he made *' to the Catholics without eyidangering the Jiate, " andjhaking the conjiitution to its centre.'* Is not this as much as to fay, that, after an incorporate union IhalJ have taken place, thefe FULL CONCESSIONS could be viade without en- dangering Ireland ? Could thefe words be under- ftood in any other way by the Catholics ? and. Arc 216 Arc they not an indircft offer, on the part of Mr. Pitt, to the Catholics to make thefe full CONCESSIONS, provided they would enable him to make them without endangering Ireland r But the language which he next employs is ftronger and (lill more tn point. He immediately proceeds, " On the other hand, without anticipating tlie " difcuflion, or the propriety of agitating the " queftion, or faying how foon or how late it may ** be iit to difcufs it, two propofitions are indifput- " able— I ft. When the conduft of the Catholics ** (hall be fuch as to make it fafc for the govern- ** raent to admit them to the participation of the *' privileges granted to thofe of the cflablifhed " religion, and when the temper of the times " fhall be favourable to fuch a mcafurc: when «' thofe events take place, it is obvious that fuch " a queftion may be agitated in an United Impc- " rial Parliament, with much greater fafety than " it could be in a fcparate legiflature. In the •* fecond place, I think it certain, that even for •♦ whatever period it may be thought nccelTary, *• after the union, to withhold from the Catholics •* the enjoyment of thofe advantages, many of the " objeftions which at prcfcnt arifc out of their •* fituation 217 *' fituation would be removed, if the Proteflant " legiflature were no longer feparate and local, " but general and impartial.** The fpeech, from which the foregoing is ex- tracted, was circulated gratis by government throughout all Ireland. It was conlidered by the Catholics as a tender of emancipation ; it was anxioufly read by all who could read. At the Cadle if was explained, to thofe who fought for explanation, as an unequivocal offer of every con* ceflion ; and, in the refult, the Catholics oppofed their own Parliament, and gave their fiipport to Mr. Pitt ; and, by the aid of this fupport, he was enabled to contend with a majority in the Houfe of Commons, and to carry the meafure. We come now to the evidence to be colle^ed from the Acl of Union. Many of the leading Catholics have not hefitat- ed to declare, that the oath prefcribcd by this aft, to qualify members of Parliament on taking their feats, was framed under an arrangement, that, immediately after the meafure was pafled, t F they 218 they were to enjoy the privilege of fitting in Par- liament. The aft runs thus, *' That every one " of the Lords and Commons of Parliament of " the United Kingdom, and every member of the " Houfe of Commons of the United Kingdom, in «' the firfl: and every fucceeding Parliament, (hall, " until the Parliament of the United Kingdom Jlmtt ^^ otberivife provide, take the oaths as now en- " joined to be taken." *' Do not quibble with " us," the Catholics fay, " concerning terms and " formalities ; it was clearly unddirftood between *« us, that if we co-operated to bring about the " union, as we actually did, you would effeft the *' emancipation. To give a colouring to this cn- ** gagement, you inferted in the articles of union " an intimation of a propofed change of the oaths " in our favour : when, behold ! now you roundly *' tell us, that this alteration never fliall take place, " and that we mud make up our minds to wear " our (hackles till the end of time."* The third head of evidence is Mr. Pitt's fpeech on explaining the caufe of hisrefignation in 1801, and the letters of Pitt and Lord Cornwallis. " As * Dr. Milner's Inquiry, p. C3. 219 " As to the merits,'* Mr. Pitt faid, " of the quef- " tion which led to my refignation, I am willing *' to fubmit them to the Houfe. I and fome of " my colleagues in office, did feel it an incumbent " duty upon us to propofe a meafure on the part '' of government, which, under the circumfiances " of the union fo happily efFeded between the " two countries, we thought of great public im- " portance, and neceflary to complete the benefits *^ likely to refult from that meafure ; we felt this " opinion fo ftrongly, that, when we met with " circumftances which rendered it impoffible for *' us to propofe it as a meafure of government, we " felt it equally inconfiftent with our duty and " our honour any longer to remain a part of that *' government. What may be the opinion of *' others, I know not, but I beg to have it under- " {lood to be a meafure which, if I had remained *' in government, I mujl have propofed."* Why muJl Mr. Pitt have propofed this meafure? To this queRion one anfwer alone can be given, becaufe his honour, as a flatefman, was fubftan- tially engaged to the Catholics, that, if they F F 2 fupported ♦ Debra's Debate?, M, 161. 220 fupported the union, he would propofc eiiiau- cipation. We now come to the written communications which, at this time, were made to the Catholics by Mr. Pitt and Lord Cornwallis, and which were given by Lord Cafllereagh to Dr. Iroy, and which are to the following effect : '* The leading part of his M;'.jefly's Miniflers finding iii- *• furmountable obftacles to the bnnp'ng forward mcafurcs of *♦ conceflion to the Catholic body, whilft in office, have felt *' it irapoifible to continue in admin-iliiition under the inability *' to propofe it with the circymiianccs necefLry to carrying •' the meafure with all its advantages, and they have retired *' from his Majefiy's fervice, confidering this line of conduent the further growth of popery : thaf , by leave of thfC Houfe, he had taktn a copy of the faid bill (vi/hich he had there in his hand^ and, with fubmiifion, looked upon it to tend to the deHi eying of the faid articles, granted upon tlx; moft valuable confiderations of furrendering the faid garrifons, at a time when they had the fword in their hands j and, for any thing that appeared to the contrary, might i)ave been in a con- dition to hold out much longer, and when it was in their pc^.ver to demand, and make for themfelves fuch terms, as might be for their then future liberty, fafety, ar.d fecuiity; and that, too, ^vhen the allowing fuch terms were highly advantageous to the government to wliich they fiibmkted ; as well for uniting the people that were then divided, cjuieting and fettling vhe diftrac- tions and diforders of this then niiferable kingdom, as for the other advantages the government would thereby reap in its own affairs, both at home and abroad ; when its enemies were fo powerfjl both by fea and land, as to give doubt of interruptioo to its peace and fcttlement. ♦' That, by fuch their power» thofe of Limerick did for them- felves, and others comprifed, obtain, and make fuch articles, as by which, all the Iriili inhabitants in the city and county of Limerick, and in the counties of Clare, Kerry, Cork, Sligo, and Mayo, had full and free pardon of and for all attainders, outlawries, treafons, mifprifion of treafons, felonies, trefpafles, and other crimes whatever, which at any time from the begin- ning of King Jan^cs the Second, to the 3d of Odober, 1691, had been aded, committed, or done by thcnx, or any of them ; and by which they and their htks were to be forilvwith put in pofTcflion of, and for ever pofftfs, and enjoy all and every of their freeholds and inheritance ; and all their rights, titles, and interefts, privileges and immunities, which they and €very of them held and enjoyed, and by the laws in force were entitled unto, in the reign of King Charles II. or at any time fince, by the laws and ftatutes that were in force in that reign, &c. And thereupon read fo much of the fecond article of Limerick, as tended to tliat purpofe. " That in the reign of King Charles the Second, the peti- tioners, and all that were entitled to the benefit of thofc articles, were in fuch full and free polTtllion of their ellate? ; and had the fame power to fell, or othcrwifc to difpofe, or convey them, or any other tiling th^y enjoyed ; and were as rightfully entitled to all the privileges, immunities, and other advantages whatever, according No. L APPENDIX. Hi according to the laws then in force, as any other fubj^cls what- foever, and which, therefore, without the highed injuilice, could not be taken from them, unlefs they had forfeited them them- felves. " That if they had made any fuch forfeiture, it was either before or after the making of the faid articles : if before, they had a full and free pardon for that by the faid articles, Sec. and therefore are not accountable by any law now in force for the fame, and for that reafon not now to be charged with it ; ard fince they cannot be charged with any general forfeiture of thofe articles fince, they at the fame time remained as abfolutely en- titled to all the privileges, advantages, and benefits of the laws both already made, and hereafter to be made, as any other of her Majefty's fubjeiSts whatfoever. " That among all focieties there were fome ill people, but that, by the 10th article of Limerick, the whole community is not to be charged with, nor forfeit by, the crimes of particular perfons. " That there were already wholefome laws in force fufficient, and if not, fuch as were wanting might be made, to punifh every offender according to the nature of the crime: and in the name of God let the guilty fuffer for their own faults ; but the inno- cent ought not to fuffer for the guilty, nor the whole for any particular. That furely they would not now (they had tamely got the fword out of their hands) rob them of what was in their power to have kept; for that would be unjuft, and not accord- ing to that golden rule, to do as they would be done by, was the cafe reverfcd, and the contrary fide their own. " That the faid articles were firft granted them by the general ^f the Englifh army, upon the moft important confideration of getting the city of Limerick into his hands (when it was in a condition to have held out, till it might have been relieved by the fuccours then coming to it from France) and for preventing the further effufion of blood, and the other ill confequences which (by reafon of the then divifions and diforders) the nation then laboured under ; and for reducing thofe in arms againft the Englifh government to its obedience. •' That the faid articles were figned and perfedled by the faid general, and the then lords jufHces of this kingdom: and after- wards ratified by their late Majefties, for themfelves, their heirs and fuccefibrs : and have been fince confirmed by an adl of Par- liament in this kingdom, viz. Ibt. 9- Guil, 3. fes. 4. chap. 27. (which he there produced and pleaded), and faid could not be avoided without breaking the faid articles, and the public faith thereby plighted to all thofe comprifed under the faid articles. APPENDIX. No. I. in the mod folemn and engaging manner it is pofTible for any people to lay themfelves under ; and than which nothing could be more facred and binding. That therefore to violate, or break tliofe articles, would on the contrary be the greateft injuftice pof- fible for any one people of the wliole world to infiid upon an- other, and which is contrary to both the laws of God and man. " That, purfuant to thefe articles, all thofe Irirti then in arms againft the government did fubmit thereunto, and furrendered the faid city of Limerick, and ail other garrifons then remain- ing in their pofleflion ; and did take fuch oaths of fidelity to the King and Queen, &.c. as by the faid articles they were obliged to, and were put into jofleflion of their e/lates, &c. " That fuch their uibmifTion was upon fuch terras, as ought now, and at all times, to be made good to them : but that if the bill then before the Houfe, entitled, An aft to prevent the fur- ther growth of popery, (hould pafs into a law (which, faid he, God forbid ! it would be not only a violation of thofe articles, but alfo a manifeft breach of the public faith, of which the Eng- liHi had always been mofl tender in many inftances, fome of which he there quoted ; and that, in particular, in the preamble of the a<5l before mentioned, made for confirmation of thefe articles, wherein there is a particular regard and refpeft had to the public faith. " That fincc the faid articles were thus under the moll folemn ties, and for fuch valuable confiderations granted the petitioners, by nothing lefs than the General of the army, the Lords Juftices of the kingdom, the King, Queen, and Parliament, the public faith of the nation was therein concerned, obliged, bound, and engaged, as fully and firmly as was polfible for one people to pledge faith to another ; that therefore this Parliament could not pafs fuch a bill, as that entitled. An aft to prevent the fur- ther growth of popery, then before the Houfe, into a law, without infringing thofe articles and a manifeft breach of the public faith ; of which he hoped that Houfe would be no lefs regardful and tender than their predecefTors, who made the aft for confirming thofe articles, had been. " That the cafe of the Gibeonites, 2 Sam. xxi. 1. was a fearful example of breaking of public faith, which, above 100 years after, brought nothing lefs than a three years famine upon the land, and flayed not till the lives of all Saul's family atoned for it. " That even among the heathens, and moft barbarous of nations all the world over, the public faith had always been held moft facred and binding, that furcly it would find no lefs a legard in that augult aflcmbly. «' That No. L APPENDIX. v " That if he provad that the pafling that aft was fuch a manifeft breach of thofc articles, and confequently of the public faith, he hoped that honourable Houfe would be very tender how they paffed the faid bill before thero into a law, to the ap- parent prejudice of the petitioners, and the hazard of bringing upon themfelves 4nd poderity fuch evils, reproach, and infamy, as the doing the like had brought upon other nations aiid people. •' Now, that the pafiing fuch a bill as that then ber(,i _• the Houfe, to prevent the further grotuth of popery, will be a breach of thofe articles, and confequently of the public faith, I prove (faid he) by the following argument. " The argument then is (laid he) whatever (hall be enaded to the prejudice or dtllroying of any obligation, covenant, or contrad, in the moft folemn manner, and for the mod valuable confideration entered into, is a manifeft violation and defttudion of every fuch obligation, covenant, and contrad ; but the paf- Cng that bill into a law will evidently and abfolutely deftroy thq articles of Limerick and Galway, to all intents and purpofes, and therefore the pafling that bill into a law will be fuch a breach of thofe articles, and confequently of the public faith plighted for performing thofe articles, which remained to be proved. ■** The major is proved (faid he), for that whatever deftroys or violates any contrad or obligation, upon the moft valuable, confiderations, moft folemnly made and entered into, deftroys and violates the end of every fuch contrad or obligation ; but the end and defign of thofe articles was, that all thofe therein comprifed, and every of their heirs, fhouid hold, polTefs, and enjoy all and every of their eftates of freehold and inheritance, and all the rights, titles, and interefts, privileges and immunities, which they and every of them held, enjoyed, or were rightfully entitled to, in the reign of King Charles the Second ; or at any time fince, by the laws and ftatutes that were in foice in the faid reign in this realm: but that the defign of this bill was to take away every fuch right, title, intereft, &.c fiom every father being a papift, and to make the popifh father, who, by the articles and laws aforefaid, had an undoubted right, either to fell or Otherwife at pleafure to difpofe of his eftate, at any time of his life, as he thought fit ; only tenant for life : and confequently difj^bled from felling, or otherwife difpofing thereof, after his fon or other heir fhould become proteftant ; though otherv-'ife never fo difobedient, profligate, or extravagant : Ergo, this a6t tends to the deftroying the end for which thofe articles were made, and confequently the breal^ing of the pubHc faiih, plighted fof their performance. " The ti APPENDIX. No. I. *' The minor Is proved by the 3d, 4th, 5th, 6th, 7th, 8th, JJih, 15th, I6l1i, and 17th claufes of the fiid bill, all which (fdid he) 1 fhal) conlidcr and fpeak to, in the order as they arc placed in the bill. *• By the firrt of thefc claufes (which is the third of the bill), I that am the popifh father, without committing any crinre againft the ft^te, or the laws of the land, (by which only I ouglit to be governed) or any other fault ; but merely for being of the religion of my forefathers, and that which, till of late years, w;is the ancient leligion of thefc kingdoms, contrary to the exprefs words of the fecond article of Limerick, and the public faith plighted as aforcfaid for their performance ; am de- prived of my inheritance, freehold, 8fc. and of all other advan» tages, which, by thofe articles, and the laws of the land, I am entitled to enjoy, equally with eveiy other of my fellow-fubjefts, whether proieftant or popifh. And though fuch my cltate be even the purchafc of my own hard labour and induitry, yet I (hall not (though my occafions be never fo prefling) have liberty (after my eldeft fon or other heir becomes a protellant) to feli» mortgage, or otherwife difpofe of, or charge it for payment of my debts ; or hare leave, cut of my own eltate, to order por- tions for my other children ; or leave a legacy, though never fo fmall, to my poor father or mother, or other poor relations; but duiing my own life, my eftate fliall be given to my fon or other heir, being a proteftant, though never fo undutiful, profli- gate, extravagant, or otherwife undcferving ; and I that am the put chafing father fhall become tenant, for life only, to my own purchafe, inheritance, and freehold, which I purchafed with my own money ; and fuch my fon or other heir, by this z£i, (hall be at liberty to fell, or otherwife at pleafure to difpofe of ipy eftate, the fwtat of my brows, before my face ; and I that am the purchafer, fliall not have liberty to raife one farthing upon the eftate of my own purchafe, either to pay my debts or portion my daughters (if any I have), or make provifions for my other male children, though never fo deferving and dutiful : but piy eftate, and the iflues and profits of it, ftiall, before niy face, be at the difpofal of another, who cannot pofFibly know how to diftinguifh between the dutiful and undutifvil, deferving or undcferving. Is not this, gentlemen, (fiid he), a hard cafe ? I befeech. you, gentlemen, to confider, whether you would not think fo, if the fcale was changed, and the cafe your own, as it is like to be ours, if this bill pafs into a law. •• It is natural for the father to love the child, but we all know (fays he) that children are but too apt and fubjecrick and Ireland to the Proteftants ; and they did fo, depending on their faith and truth to prcferve inviolate the rights of the Catholics under the articles." Mr. Keogb't Speech at the Catholic Meet'mgi Oa. 3.1, 1792. Note B. A Letter from Dr. Butler, Titular Archhi/bop of CafheU fo Lord KSNMARS. Tliurlts, December 27, 17S('.. My dear and honoured Lord, 1 am not a little impatient to impart to your Lordrtiip my though'v.s on a late publication, entitled, '* The prejentflate of the Church of Ireland." It is written by Dr. Woodward, BiHiop cf Cloyne ; and, in the (hort fpice of twelve days, has already pafll'd through four editions. Whoev;:r has feen the Addrefs to the Nobility and Gentry of the Proleihn. Church, and reads this Second Pamphlet, cannot but looic upon them as both de- signed to undo all that has been done in favour of Roman Catholics ; as they tend to undermine the primary title the Roman Catholics had to the proteilion of government and the confidence of their fellow-fubjeas. The unjuft and falfe Uric- Hrfti his Lordfhip makes on the fincerity of the oaths of the Roman Note B. APPENDIX. xxvu Roman Catholic Bifliops, concur to effeft this in the minds of fhofe who can or will be impofed on by what his Lordlhip fo confidently a/Terts. For certainly, if the oaths of the Romao Catholic Prelates can no more be depended on, all claim to a legal exigence for us in the ftate ccafes. We are all defigoing and moft dangerous enemies : like the viper in the fable, we only fought the warmth of proteer- intendance of our ecclefiaftical affairs in Ireland), as a reaftm why the Roman Catholic birtiops thought themfelves calJed upon to declare, in the public manner they did, that they found nothing in the teft of allegiance, held out by the legillature to the R.man Catholics of Ireland, contrary to the principles of ihc xxviii APPENDIX. Note B. the Roman Catholic faith ; and, therefore^ that the opinions dtf- clamed by that oath never made part of our creed. The Cardinal, in his anfiuery cxprejfed the fuHeJl approbation of my fentimentt ; luhich approlatiou oi his Eminence was afterwards confirmed ly the Pope and the Congregation de Propaganda Fide, approving alfo of the faid teft of allegiance ; of all which approbations I have authentic 'vouchert by me ; the very letters written on the occallon to and from the Sacred Congregation. I Ihewed thefe letters to Loid Pery, when he was Speaker of the Houfe of Commons, at bir Robert Staples's, and J fliewed him again, in Dublin, another letter which I received from the fame Congre- gation, two years after, exprefllve of their Eminencies' thanks for my diligence in fulfilling what 1 owed to my flation and reli- gion, fince the time 1 canie into the kingdom Now, my dear Lord, I hope I may venture to fay, without riflcing the imputa- tion of vanity or falfehood, that 1 was mofl particularly warm and aion, that none of us, to make ufc of the very words of the gicai B'Juety Bijhop of MeatiXy ever engage ourfelvts by this Note B. APPENDIX. xxxi this oath to any thing that is contrary to our confcience, or the fervice of our King and country : far from thinking we pre- judice any of thefe, it is even exprefTed in the oath, that we take it without prejudice to our ftnte, faho meo orcline. The fub- miflion which is fworn to the Pope in fpirituals, is of a different order from what we naturally owe our Prince in temporals, and without protefting, we have always well underftood, that one does not interfere with the other. — So far that learned and judicious Prelate. Your Lordfhip will find thefe very words of Bofluet, in the beginning of the firil chapter of the 7th book of the Variations : — they clearly account for faid oath's being fo univerfally taken by all the Roman Catholic Bidiops in both Catholic and Protef- tant ftates. The SALVO MEO ORDINE removes all fear of the oath's injuring the allegiance due to other Princes. The oath itfelf, at the beginning, was only taken by the Bifhops of the Pope's ecclefiaftical territories, who from being fufajefts of the Pope, as a temporal Sovereign, fwear fealty to him both in fpirituals and temporals, which is not the cafe with Bifhops, who do not belong to the Pope's dominions ; and hence, when a defire of conformity with the Bifhops that are immediately fubjeft to the Pope, made it, by degrees, cuttomary for the Roman Catholic Bifliops throughout the whole world to take the faid oath at their confecration, they all took care to profefs plainly and publicly, by the claufe SALVO MEO ORDINE, that they did not bind themfelves down to any thing in faid oath, but in as far as it was compatible with the fituation of every Bifhop under their refpeftive Sovereigns, and the duty he efTentially owes to them. The oath is almoft of 800 years date; time, furely, fufficient for every Sovereign to know the mean- ing of it. The words of the oath, Hereticos perfequar et impugnaio, which his Lordfhip of Cloyne reprefents as/o alarming to the Proteflant intereft, far from meaning what his Lordfhip feems to think, imply nothing more than the obligation every Bifhop takes upon himfelf, to be ever earned in oppofing and refuting, by the fpiritual weapons of the gofpel, all broachers of dodrines contrary to its principles. Thefe, my dear Lord, are the thoughts which occurred to me on reading that part of Dr. Woodward's work, which attacks the confcientious fincerity of Roman Catholic Bifhops. Thoughts, which I was mofl anxious to communicate to a Nobleman of my own religion, whofe zealous and fuccefsful exertions in fupprefTing the difturbances in the county of Kerry, have met with the deferyed applaufe of government and of the I L Clergy xxxii APPENDIX. . NoteC. Clergy of both communions. On that account, I look up to your Lordfhip as the bed entitled to avail yourfelf, with every advantage, of the faifls I have mentioned, in order to prevent or efface the very unfavourable impreflions Dr. Woodward's ftri(ftures on us may make, or have made, on the public, by mif- reprefenting the Nuncio's letter as a decifion of our Church, and the oath Bifliops take at their confccration, as incompatible with our allegiance. I have the honour to be, With the fincereft attachment and efteem, My Dear Lord, Your Lordfliip's moft obedient Servant, And affedionatc Kinfman, JAMES BUTLER. Note C. Befides the various inftances which have been ftated of the difpofition of the Proteftants in various parts of Ireland to atfl with liberality towards the Catholics, the following have oc- curred within the lalt twelve months — Refolutions have been publifhed by the Grand Juries of the counties of Kilkenny and Galway in favour of emancipation — The Proteftant in- habitants of Newry, at a public meeting convened by the Senefchal, agreed to a declaration expreffing their wiAi to have every thing conceded to them, provided they would confent to permit the King to nominate their Bifhops. — The principal Nobility and Gentry of the counties of Tipperary, Meath, and Waterford, have publifhed declarations of their fentimcnts in favour of emancipation. — At general meetings of the Free- holders of the counties of Galway, Rofcommon, and Sligo, unanimous refolutions have been agreed to, approving of that meafure. — Thirty Orange Lodges in the North of Ireland publiflied an expofiiion of their principles lafl July, wherein they ftated that the objeft of their inftitution was to refiil republicanifm, and not religious confiderations. — Thty like- wife declared their Inieniion not again to celebrate the Battle of the Boyne. RETURN 4^AY USE tc^esICrom which borrowed iQDAN DEPT. due on the last date stamped below, or n the date to which renewed, books are subject to immediate recall. i&2* ssr; 'D ^^ S6'-5 Ui H tsi. eiEi tPK -^ " 'IS WI\V2^19^» JAN 3 189^ '■^--^^■^ DEC 6 SEHTONILL SEP 2 9 1998 U. C. BERKELEY '^ 99f LD21A-60m-3.'65 (P2336sl0)476B General Library University of California Berkeley u.c. BERKELEV,LJ6R/\WES I