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CHA P. III. Auxilib

The catholics of Limerick cruelly treated. IT would be too tedious and irkfome, to recite all the other inftances of the breach of these articles, which we find recorded and avowed in the public jour nals of that parliament. I fhall, therefore, only take notice of one remarkable paffage, which immediately preceded the paffing of the first act to prevent the fur ther growth of popery.

The catholic citizens of Limerick thought themselves particularly fecured, by their articles, from any fu ture moleftation or disturbance on account of their religion; but befides what they had already fuffered, in common with the reft of their countrymen of the same perfuafion, they are now compelled to abandon their dwellings, and fettlements there, on that finglerac! count:" for upon a petition of the mayor, fheriffs, and proteftant aldermen of that city, complaining, (like the proteftant coal-porters of Dublin beforementioned) that they were greatly damaged in their trade, by the great numbers of papifts refiding there, and praying to be relieved therein; a claufe was ordered to be inferted in the act "to prevent the further growth of popery," that every perfon of the popish religion, then inhabiting within the faid city, or its fuburbs, fhould give in fufficient bail or fecurity, be fore the chief magiftrate of the faid city, that they would bear themselves faithfully towards her majesty; or in default of giving fuch fecurity, fhould depart out of the faid city and fuburbs." "

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By the 2d of the civil articles of Limerick, "the inhabi tants or refidents thereof, of what profeffion, trade, or calling foever they be, fhall, and may ufe, exercife, and practife their refpective trades and callings there, as freely as they did ufe, exercise and enjoy the fame in the reign of King Charles the fecond." And yet fays Sir Theobald Butler, in his pleading

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But befides the difficulty thefe people were under of getting fuch fecurity, as, at that period of jealoufy and diftruft, would be allowed fufficient by the chiefmagistrate, who was himfelf the principal petitioner against them; even thofe few catholic inhabitants, whose fecurity was unexceptionable, and who confequently could not be hindered to continue in their habitations, were yet, foon after, put under a neceffity of abandoning them, of their own accord; unless it can be fuppofed, that trading people can live contentedly, or with any fort of convenience, in a place where they are forced to remain separate from their wives, children, and fervants. For that fuch was to

be the fituation of those few licenfed catholics (not more than twenty' were fuffered to be thus licenced), is manifeft from hence, that "in March 1704, a petition from the Roman catholic inhabitants of Limerick, praying that bail might be taken for their wives, children and fervants, as inhabitants thereof, having been presented to the house, and read, it was ordered to be rejected."

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Com. Journ. vol. iii. fol. 133.

CHA P.

2 Ib. f. 281.

against this claufe, in the act of the 2d of Queen Anne," the Roman catholic citizens of Limerick are prohibited by it from living or staying there, even fuch as were under the articles, and by virtue thereof had even fince (1691) lived there, without giving fuch fecurity, as neither thefe articles, nor any law heretofore in force, do require, except feamen, fishermen, and day-labourers, who did not pay above forty fhilllings a year

rent."

The act to prevent the further growth of popery sets forth, "that if any person or persons of the popifh religion, other than fuch trading merchants (viz. feamen, fishermen, and day-labourers, who did not pay above forty fhillings a year rent), not exceeding twenty, in each of the towns of Limerick and Galway, as fhall be licensed by the chief governor and governors of this kingdom, for the time being, fhall prefume to live, dwell, or inhabit, or take any houfe or tenement, in either of faid towns, or their fuburbs; he or they fhall forfeit all his or their goods and chattels, and fuffer imprisonment for the space of one whole year." Com. Journ. vol. iii. f. 133.

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CHA P. IV.

Penal laws to prevent the further growth of popery.

IT is worthy of particular notice, that about the time of paffing this first act to prevent the further growth of feveral members of the houfe of commons popery, refigned their feats, defiring that writs might be iffued to chufe other members in their room. And these refignations became then fo frequent, that the house found it neceffary to refolve,'" that the excufing of members, at their own requeft, from the fervice of the house, and thereupon iffuing out new writs to elect other members to ferve in their places, was of dangerous confequence, and tended to the fubversion of the constitution of parliament." But the humour of refigning ftill continuing, it was afterwards "unanimously refolved, that it might be made the standing order of the house, that no new writs for electing members of parliament, in the place of members excufing themselves from the fervice of the houfe, do iffue, at the defire of fuch members, notwithstanding any former precedents to the contrary. So many,

and fuch unufual refignations, evidently fhew, that feveral members, even of that parliament, were ashamed of their proceedings, and unwilling to be thought to have been any way concerned in them.

In 1703, when the Irish commons, in a body," prefented to the Duke of Ormond, then lord lieutenant of Ireland, the first bill to prevent the further growth of

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"The commons (fays Burnet) offered this bill to the Duke of Ormond, preffing him with more than ufual vehemence, to intercede fo effectually, that it might be returned back under the great feal of England. It came over warmly recommended by the Duke of Ormond, &c." Hift. of his own Times, vol. ii. f. 214.

of popery, to be tranfmitted into England, his grace was pleafed to give them his promife, which, indeed, he punctually performed, that he would recommend it in the most effectual manner, and do every thing in his power to prevent the growth of popery.'

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There is no room to doubt of the Duke of Ormond's having always profeffed himself a zealous and steadfast proteftant. But what evidently fhews, that his civil orthodoxy was not, therefore, the more to be relied upon, is, that he afterwards deferted his protef tant king, and adhered to a popish pretender to his throne. For which the Irifh commons unanimously voted him "guilty of high treafon; his estate to be vested in the crown; and that a reward of ten thoufand pounds fhould be offered for apprehending him, in cafe he landed in any part of Ireland." So that he who, in 1704, had been addreffed by them with particular marks of love and veneration, on account of his having procured this barrier to the proteftant religion, as that law was then, and has been fince called became afterwards, in 1715, the public object of their averfion and contempt. For in their addrefs to the king, on occafion of the rebellion which had then broke out in Scotland, they told his majefty," "that it was with the utmost concern, they found that this country gave birth to James Butler, late Duke of Ormond; a perfon who, in defpite of his allegiance, and the obligations of repeated oaths, has been one of the chief authors and fomenters of that wicked and unnatural rebellion."

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But, indeed, what better could thefe commons have expected from a perfon,. who, regardless of public faith, and the articles of the capitulation of Limerick, had procured to be enacted, a penal statute, through which there runs fuch a vein of ingenious cruelty, that it feems to be dictated rather by fome prætor of Dioclefian, than by a British or Irish nobleman ?" It was a fingular circumftance in this duke's fortune, that although

Id. vol. iv. f. 64.
Confid. Pen. Laws.

* Com. Journ. vol. iii. f. 201.
s Id. ib. f. 21.

though in his expedition on the coaft of Spain, his foldiers committed many outrages, and profanations of what was held facred by the inhabitants; yet after the bill of attainder had paffed against him, he fled for protection to that country, where he had connived at the facrilegious exceffes of his army; and afterwards retired to Avignon, a territory belonging to the first prelate of that church, which he had treated with fo much cruelty.

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Upon the return of this bill to prevent the further growth of popery from England, "Nicholas Lord. Kingsland, Colonel John Brown, Colonel Burke, Colonel Robert Nugent, Major Allen, Captain Arthur French, with other Roman catholics of Ireland, and perfons comprized in the articles of Limerick and Galway, petitioned to be heard by counsel against it; which was granted.".

This returned bill had a clause inferted in England, which gave great offence to the whole body of diffenters in Ireland; many of whom, then in the house of commons, were perfons of confiderable power and influence. For this reafon it was expected, that it would have been totally laid afide; and the rather, because the diffenters had lately received no fmall difguft by a refolution of a committee in October 1703,7 "that the pension of one thousand two hundred pounds

6 Com. Jour. vol. iii. f. 173.

7 Id. vol. ii. f. 76.

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A claufe was added (in England), which they (Roman catholics) hoped would hinder its being accepted in Ireland. That matter was carried on fo fecretly, that it was known to none but those who were at the council, till the news of it: came from Ireland, upon its being fent thither. The claufe was, to this purpose, that none in Ireland fhould be capable of any employment, or of being in the magistracy of any city, who did not qualify themfelves by receiving the facrament, according to the teft-act paffed in England; which before this time had never been offered to the Irish nation. It was hoped, by ' those who got this clause added to the bill, that those in Ireland, who promoted it most, would now be the less fond of it, when it had such a weight hung to it." Burnet's Hift. of his own Times, vol. ii. f. 214.

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