99 10

become vacant.' In short, notwithstanding the most ftrenuous and repeated efforts ever fince made by the diffenters, to have that difqualifying clause repealed, it still remains in full force against them ;* although its execution has been either artfully evaded, or benignly connived at, fince the acceffion of the prefent royal family to the throne of these kingdoms.

CHA P. V.

The fame fubject continued.

a

ON the 23d of February, 1703, pursuant to leave given by the commons,' Sir Theobald Butler, Counfellor Malone, and Sir Stephen Rice (the two former in their gowns, as counsel for the petitioners in general, and the laft without a gown, as only a petitioner in his private capacity), appeared at the bar of the house. of commons. Sir Theobald Butler, the first and principal speaker on this occafion, demonstrated in a long and pathetic speech, that almost every clause in the act then before them, relating to the Roman catholics of Ireland, was a direct infringement of one or other of the articles of Limerick, which he, at the fame time, held in his hand. "Articles," added he, "folemnly engaged to them, as the public faith of the nation! That all the Irifh, then in arms against the government, had submitted thereunto, and furrendered the city of Limerick, and all the other garrifons in their poffeffion; when they were in a condition to have held out, till they might have been relieved by the fuccours then coming out of France; that they had taken

10 Id. ib.

24

'Account of the Debates on the Popery Law of 2d. Q. Ann.

2 Ib.

* This clause was repealed without any oppofition in the feffions of 1782.

* See Appendix No. XV.

taken fuch oaths to the king and queen, as by the faid articles they were obliged to take; that their fubmiffion was upon fuch terms, as ought to be then, and at all times, made good to them; and that therefore to break thofe articles, would be the greatest injuftice for any one people in the whole world to inflict upon another, being contrary to the laws of both God and man. That the cafe of the Gibeonites, 2 Sam. xxi. 1. was a fearful example of the breach of public faith, which, above an hundred years after, brought nothing lefs than a three years famine on the land; and stayed not until the lives of all Saul's family atoned for it. That even among the Heathens, and most barbarous of nations, all the world over, the public faith was always held facred and binding, and that furely it would find no lefs regard in that honourable affembly."

The fame, and other arguments, against the paffing of this bill, were fuffered to be pleaded at the bar of the house of lords; but were equally difregarded by both houfes. The petitioners were told,' "that if they were to be deprived of the benefit of the articles of Limerick, it would be their own faults, fince by conforming to the established religion, they would be entitled to these and many other benefits; that therefore they ought not to blame any but themselves; that the paffing of that bill into a law was needful for the fecurity of the kingdom at that juncture; and in fhort, that there was nothing in the articles of Limerick, that fhould hinder them to pass it."

This answer of the commons needs no commentary; the former part of it evidently exhibits nothing else but downright mockery, and a public infult on national faith. And by the latter, befides the notorious falfehood of it, a maxim feems to be adopted, that tends to destroy all truft and confidence among men, viz. that the most folemn engagements between parties may be violated or fet afide by either of them, upon a feigned or groundless apprehenfion of danger from the

Debates, ubi fupra.

other,

other, by keeping it. I call the apprehenfion of danger, in this cafe, feigned or groundlefs; because I think, I may venture to challenge the ableft and most zealous sticklers for this law, to produce even one inftance of fuch mifconduct of the Roman catholics of Ireland, from the year 1691, when the articles of Limerick were figned, to the year 1704, when this first act to prevent the further growth of popery was paffed, as could occafion in the government any apprehenfion of danger or disturbance from them. That no fuch inftance could be then produced, appears from hence, that one of the principal objections to their conduct was, "their not having congratulated her majefty queen Anne, by a dutiful addrefs, on her acceffion to the throne, as her proteftant fubjects had done;" which, as it may be reasonably accounted for, from their diftreffed, perfecuted, and defponding condition at that juncture; fo, had they actually addreffed her majesty on that occafion, in the most humble and dutiful manner that could be devised, most probable it is, that their very accusers would have confidered and represented it, as the meer effect of adulation and hypocrify; if not of infolence and prefumption in them.

Thus on the 4th of March, 1704, the royal affent was given to an act, which, befides its being a violation of national faith, has been hitherto productive of every fpecies of private, as well as public, injury; by ftripping men of their property, for not parting with their integrity; by fining and imprisoning them, for confcientious diffent from fettled forms of worship; or for holding tenets merely spiritual, and totally foreign from

2

"We agree," fays Dean Swift, fpeaking of the catholics, "with our fellow diffenters,. that perfecution, merely for conscience fake, is against the genius of the gofpel. And fo likewife, is any law for depriving men of their natural and civil rights which they claim as men. We are alfo. ready enough to allow, that the fsmallest negative difcouragements for uniformity's fake, are fo many perfecutions. Because, it cannot be denied, that the fcratch of a pin is in fome degree a real wound,

as

from any interference with the civil government of the state. So that our courts of justice and equity refembled, in these respects, the Roman tribunal punishing the primitive chriftians for not difavowing the doctrine of Jefus Christ, and embracing that of human institution.

Soon after this act was paffed, the commons entered into fuch wild and intemperate refolutions, concerning the execution of it, and of other penal ftatutes which it revives and confirms, as fhew them to have been as little influenced and directed by the dictates of common sense, as they were by thofe of common humanity. On the 17th of March, 1704, "they refolved unanimously, that all magistrates, and other persons whatsoever, who neglected or omitted to put them in due execution, were betrayers of the liberties of the kingdom." In June, 1705, they "refolved,' that the faying or hearing of mafs, by perfons who had not taken the oath of abjuration, tended to advance the intereft of the pretender." And that fuch judges and magiftrates, as wilfully neglected to make diligent enquiry into, and discover fuch wicked practices, ought to be looked upon as enemies to her majefty's governAnd least the judges, if not the inferior magiftrates, fhould be fomewhat afhamed of executing this new office of enquiring into, and difcovering these

ment.

* Com. Jour. vol. iii. f. 289.

5

s Ib. f. 319.

wicked

as much as a stab through the heart. In like manner, an incapacity by law for any man to be made a judge, a colonel, or juftice of peace, merely on point of confcience, is a negative difcouragement, and confequently a real perfecution. For, in this cafe, the author of a pamphlet [Reasons for the repeal of the Sacramental Teft], puts a very pertinent and powerful queftion: That if God be the fole Lord of the confcience, why should the rights of confcience be fubject to human jurifdiction? Now to apply this to the catholics: The belief of tranfubftantiation is a matter purely of religion and confcience, which doth not affect the political interest of society as fuch. Therefore, why should the rights of conscience, whereof GoD is the fole LORD, be subject to human jurisdiction? And why should God be deprived of this right over a catholic's confcience, any more than over that of any other diffenter." Swift's Works, vol. viii. p. 56.

b

wicked practices of faying and hearing mafs, on account of that infamy which is commonly annexed to the trade of prieft-catchers, difcoverers, and informers, these commons had before taken care to refolve unanimously," that the profecuting and informing against papists, was an honourable fervice to the government. Such was the good faith, good fenfe, and avowed honour of those bigotted times!

How very different from this, has been the ftate and condition of the proteftants in Germany, ever fince the famous treaty of Munfter, in 1648? which was concluded with them by the emperor Ferdinand, for liberty of religious worship; and guaranteed by their most chriftian and catholic majefties, and other Roman catholic princes and states in Italy and Germany. "By this treaty," not only all their immunities, lands, territories, and dignities, together with the abfolutely free and uncontrouled exercise of their religion, but also power to bear offices, and enjoy church livings, even bishoprics and archbishoprics were granted, and for ever fecured to these protestants.'

"From hence it appears," to ufe the words of the fame writer," how unftudied thofe men are in the great book of the world, who think that popish princes will not go on in the course of their politics, though the pope fhould affume a temporal jurifdiction to obftruct them." Yet fome there are, prefuming to call themselves the only true proteftants, who, not conVOL. II.

6 Ib.

C

R

tent

7 Sir Peter Pet's Happy Future State of Engl. Pref.

8 Ib.

b "Informers (fays a distinguished Law Lord in the British House of Peers) are an infamous and odious fet of people; and in fact, the Irish popery laws, and the conftruction put upon them by the Irish iawyers and courts of justice, are a confused heap of oppreffion and nonfenfe, and have very much contributed to corrupt the morals of the people of that country."

"And whereas another author among our brethren the diffenters, hath very justly complained, that by this perfecuting teft act, great numbers of true proteftants have been forced to leave the kingdom, and fly to the plantations, rather than

ftand