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made into a law.* Nothing certainly, but such a law was want ing to complete the slavery of these people, and they were, accordingly, afterwards excluded in the first act to prevent the further growth of popery in the following reign. Thus were these, and divers other proceedings of the like enslaving tendency against these people, permitted and countenanced by a prince, the boasted restorer of liberty to these kingdoms, whose public faith and honor were solemnly engaged to preserve their former privileges entire; and to endeavor to obtain from par. liament further security for them, in the article of religion, which was what alone rendered them thus obnoxious to go

vernment.

It is really shameful to see what mean, malicious, and frivolous complaints against papists were received under the notion of grievances by that parliament. A petition of one Ed ward Sprag and others in behalf of themselves and other protestant porters, in and about the city of Dublin, complaining, that one Darby Ryan, á papist, employed porters of his own persuasion, having been received and read, it was ordered to be referred to the examination and consideration of the committee of grievances, and that they should report their opinion thereon to the house. It is observable, that the complaint of the petition was not, that these protestant porters were not em. ployed by Ryan, but that the popish porters were.

And yet these same commons, that shewed such remarkable deference to this trifling petition of the protestant coal-porters of Dublin, were not ashamed to refuse, in the same session, common justice, in a matter of the last consequence, to seve ral of the most respectable Roman catholics of Ireland. For, upon a bill's being brought before them, very improperly intitled an act, "for the confirmation of the articles of Lime

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"The taking away of a vote (says the same English commoner) is the taking away the shield which the subject has, not only against the oppres sion of power, but the worst of all oppressions, the persecution of private society, and private manners. No candidate for parliamentary influence is obliged to the least attention towards them, either in cities or counties. On the contrary, if they should become obnoxious to any bigotted or ma lignant people amongst whom they live, it will become the interest of those who court popular favor, to use the numberless means which alwaye reside in magistracy and influence, to oppress them. The proceedings in a

rick." A petition of Robert Cusack, gentleman, capt. Francis Segrave, and capt. Maurice Eustace, in behalf of themselves and others comprised under the articles of Limerick, setting forth, that in the said bill there were several clauses that would frustrate the petitioners of the benefit of the same; and if passed into a law, would turn to the ruin of some, and the prejudice of all persons intitled to the benefit of the said articles, and praying to be heard by counsel to said matters; having been presented and read, it was unanimously resolved that said petition should be rejected."

CHAP. III.

The catholics of Limerick cruelly treated.

IT would be too tedious and irksome, to recite all the other instances of the breach of these articles, which we find recorded and avowed in the public journals of that parliament. I shall, therefore, only take notice of one remarkable passage, which immediately preceeded the passing of the first act to pre. vent the further growth of popery.

The catholic citizens of Limerick thought themselves particularly secured, by their articles, from any future molestation or disturbance on account of their religion; but besides what they had already suffered, in common with the rest of their countrymen of the same persuasion, they are now compelled to abandon their dwellings, and settlements there, on that sinsingle account: "for upon a petition of the mayor, sheriffs, and protestant aldermen of that city, complaining, (like the protestant coal-porters of Dublin before-mentioned) that they were greatly damaged in their trade, by the great numbers of papists residing there, and praying to be relieved therein; a clause was ordered to be inserted in the act "to prevent the further growth of popery," that every person of the popish religion, then inhabiting within the said city, or its suburbs, should give in sufficient bail or security, before the chief magistrate of the said city, that they would bear themIselves faithfully towards her majesty; or in default of giv certain county in Munster, (in the year 1796), read a strong lecture on the cruelty of depriving men of that shield, on account of their speculative ●pinions,-Id, ib,

ing such security, should depart out of the said city and suburbs."*

But besides the difficulty these people were under of getting such security, as, at that period of jealousy and distrust, would be allowed sufficient by the chief magistrate, who was himself the principal petitioner against them; even those few catholic inhabitants, whose security was unexceptionable, and who consequently could not be hindered to continue in their habitation, were yet, soon after, put under a necessity of abandoning them, of their own accord; unless it can be supposed, that trading people can live contentedly, or with any sort of convenience, in a place where they are forced to remain separate from their wives, children, and servants. For that such was to be the situation of those few licensed catholics (not more than twenty' were suffered to be thus licensed), is manifest 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 servants, as inhabitants thereof, having been presented to the house, and read, it was ordered to be rejected."+

1 Com. Jour. vol. iii. fol. 133.

2 Ib. f. 231.

By the 2d of the civil articles of Limerick," the inhabitants or residents thereof, of what profession, trade, or calling soever they be, shall, and may use, exercise, and practice their respective trades and callings there, as freely as they did use, exercise and enjoy the same in the reign of king Charles the second." And yet says sir Theobald Butler, in his pleading against this clause, 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 such as were under the articles, and by virtue thereof had even since (1691) lived there, without giving such security, as neither these articles, nor any law heretofore in force, do require, except seamen, fishermen, and day-labourers, who did not pay above forty shillings a year rent."

+ The act to prevent the further growth of popery sets forth, "that if any person or persons of the popish religion, other than such trading merchants (viz. seamen, fishermen, and day-labourers, who did not pay above forty shillings a year rent), not exceeding twenty, in each of the towns of Limerick and Galway, as shall be licensed by the chief governor and governors of this kingdom, for the time being, shall presume to live, dwell, or inhabit, or to take any house or tenement, in either of said towns, or their suburbs; he or they shall forfeit all his or their goods and chattels, and suffer imprisonment for the space of one whole year.”—Com. Jour, vel iii. f. 133.

CHAP. IV.

Penal laws to prevent the further growth of popery.

IT is worthy of particular notice, that about the time of passing this first act to prevent the further growth of popery, several members of the house of commons resigned their seats, desiring that writs might be issued to chuse other members in their room. And these resignations became then so frequent, that the house found it necessary to resolve,'" that the excusing of members, at their own request, from the service of the house, and thereupon issuing out new writs to elect other members to serve in their places, was of dangerous consequence, and tended to the subversion of the constitution of parliament." But the humour of resigning still continuing, it was afterwards "unanimously resolved, 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 excusing themselves from the service of the house, do issue, at the desire of such members, notwithstanding any former precedents to the contrary." So many, and such unusual resignations, evidently shew, that several members, eyen 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, presented to the duke of Ormond, then lord lieutenant of Ireland, the first bill to prevent the further growth of popery, to be transmitted into England, his grace was pleased to give them his promise, 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."

There is no room to doubt of the duke of Ormond's having always professed himself a zealous and stedfast protestant. But

1 Ib. f. 296.

2 Tb.

3 Ib. f. 201.

"The commons (says Burnet) offered this bill to the duke of Ormond, pressing him with more than usual vehemence, to intercede so effectually, that it might be returned back under the great seal of England. It came over warmly recommended by the duke of Ormond, &c."-Hist. of his own. Times, vol. ii. f. 214.

what evidently shews, that his civil orthodoxy was not, therefore, the more to be relied upon, is, that he afterwards deserted his protestant king, and adhered to a popish pretender to his throne. For which the Irish commons unanimously voted him "guilty of high treason; his estate to be vested in the crown; and that a reward of ten thousand pounds should be offered for apprehending him, in case he landed in any part of Ireland." So that he who, in 1704, had been addressed by them with particular marks of love and veneration, on account of his having procured this barrier to the protestant religion, as that law was then, and has been since called; became afterwards, in 1715, the public object of their aversion and contempt. For in their address to the king, on occasion of the rebellion which had then broke out in Scotland, they told his majesty," that it was with the utmost concern, they found that this country gave birth to James Butler, late duke of Ormond; a person who, in despite of his allegiance, and the obligations of repeated oaths, has been one of the chief authors and fomenters of that wicked and unnatural rebellion."

6

But, indeed, what better could these commons have expected from a person," 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 such a vein of ingenious cruelty, that it seems to be dictated rather by some prætor of Dioclesian, than by a British or Irish nobleman ?” It was a singular circumstance in this duke's fortune, that although in his expedition on the coast of Spain, his soldiers committed many outrages, and profanations of what was held sacred by the inhabitants; yet after the bill of attainder had passed against him, he fled for protection to that country, where he had connived at the sacrilegious excesses of his army; and afterwards retired to Avignon, a territory belonging to the first prelate of that church, which he had treated with so much cruelty.

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

4 Com. Jour. vol. iv. f. 64. Consid. Pen. Laws.

5 Id. ib. f. 21.

7 Com. Jour. vol. iii, f. 173.

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