The real policy of relaxing the penal code of the Irish had univerfally pervaded not only the British cabinet, but the British fenate; not one morofe, bigotted, or fanatical voice was heard in difcord, to this truifm advanced by Mr. Burke on Lord Nugent's first motion for a committee to confider the trade of Ireland, That Ireland was now the chief dependance of the British crown, and that it particularly behoved this country to admit the Irish nation to the privileges of British citizens.* For although a confiderable oppofition were afterwards made to the bill for opening the trade, the ftrongest oppofers of that measure admitted the neceffity of paffing a bill for the relief of the Roman Catholics in Ireland.† On the eleventh day after the British House of Commons had given the liberal example of universal affent to Sir George Savile's motion in favor of the Roman Catholics of England, Mr. Gardiner on the 25th of May, 1778, made a motion in the Irish Houfe of Commons, and the queftion being put, that leave be given to bring in heads of a bill for the relief of his majesty's Roman Catholic fubjects of Ireland, and that Mr. Gar-diner, the Hon. Barry Barry, and Mr. Yelverton, do prepare and bring in the fame, and it was carried in the affirmative. At the fame time the Pref byterians of Ireland bearing in mind, that the facramental test had been impofed upon their ancestors by their lying by, when new feverities were impofed upon their Roman Catholic brethren, came forward on this occafion to partake of the first symptoms of tolerancy in an Irish parliament. In order not to be excluded from the indulgencies about to be difpenfed to the Ca-tholics, Sir Edward Newnham on the fame day moved, that leave might be given to bring in heads of a bill for the relief of his majefty's fubjects the Proteftant Diffenters of that kingdom: and Sir Edward Newnham and Sir Boyle Roche were ordered to prepare and bring in the fame. But whether from a conviction, that the relief to the Diffenters was not of equal urgency with that proposed to be granted to the Roman Catholics, or that the British cabinet had hitherto expreffed no opinion or inclination in their favor, the measure was remitted to another feffion.

* 8 Eng. Deb. p. 185. viz. 1 April, 1778.

+ Thus Sir Cecil Wray, one of the most violent opposers of the extenfion of Irish trade said, he well knew the grievances of Ireland, and lamented them; amongst which were the Irish Penfion Bill-the finecure offices, the Roman Catholic Bills, the Abfentees, and various others; and af. fured the house he would gladly join the house in redreffing them.

Journ. Com. p. 475. The divifion is not given in the Journale.

The

The great object and important confequence, which the Catholics of Ireland obtained by this bill was the legislative avowal contained in the preamble of it, of thofe facts and affertions, which fome few years back, it would have been confidered little fhort of treafon to have advanced : namely, that the severities of the act of Ann ought to be relaxed, that the Roman Catholics of Ireland were excluded from and ought to be admitted to the bleffings of our free conftitution, and that it would promote the profperity and strength of all his majesty's dominions, that the Catholics fhould be bounden to the Proteftants by mutual intereft and affection.* The eftablishment of this principle gave them a footing to ftand upon in every future application to the crown or parliament for a full participation of every bleffing of our free conftitution. The advantages granted by this act were, that any Roman Catholic taking and fubfcribing the oath of allegiance and declaration prescribed by the 13th and 14th of Geo. III. c. 35. might take, enjoy, and difpofe of a leafe for 999 years certain, or determinable on the dropping of five lives, and that the lands then feifed by Catholics fhould in future be defcendible, devifeable, or alienable as fully, as if they were in the feifin of any other fubject of his majesty: and that it should no longer be in the power of a child to fly in the face of his parent by demanding a prefent maintenance out of the father's perfonal eftate, or by depriving him totally of the inheritance of his real estate, as he before had been enabled to do by the 2d Ann, c. 6. This was a qualified admiffion over the threshold of property, and the more welcome to the Catholics, from their conviction, that a breach once made in that penal fortrefs, it was impoffible it fhould hold out much longer.† Although

*

17 and 18 Geo. III. c. 49. An act for the relief of his majesty's fubjects of this kingdom profeffing the Popish religion. "Whereas by an act made in this kingdom in the second year of "her late majefty Queen Ann, intituled, An Act to prevent the further Growth of Popery, and "alfo by another act made in the eighth year of her faid reign for explaining and amending the "faid act, the Roman Catholics of Ireland are made subject to several disabilities and incapacities "therein particularly mentioned: and whereas from their uniform peaceable behaviour for a long "series of years, it appears reasonable and expedient to relax the fame, and it must tend not only "to the cultivation and improvement of this kingdom, but to the profperity and strength of all his "majesty's dominions, that his fubjects of all denominations fhould enjoy the bleffings of our free "conftitution, and should be bound to each other by mutual intereft and mutual affection :" &c. + Among other warm fupporters of this bill was Sir Hercules Langrishe, to whom Mr. Burke thus wrote with reference to it (p. 87)" It is a thing humiliating enough, that we are doubtful

of

Although lefs were in fact granted by Mr. Gardner's bill to the Irish, than by Sir George Savile's bill to the English Roman Catholics, yet widely different was the progrefs of each through the houfes. The former was contested in every stage through the Irish Houfe of Commons: on the 5th of June, 1778, five divifions took place upon it, though each were carried in the affirmative and on the 15th of the fame month three divifions in like manner were had.* On the 16th Mr. Dillon, who took a very active part in the bill, reported progrefs from the committee, where it was warmly debated, and upon the motion for the houfe's refolving itfelf into a committee of the whole house to take the faid heads of the bill into further confideration, on the 18th of June the houfe divided, 56 against 47. Mr. Tottenham and Mr. William Handcock were prominent in their oppofition to the bill. On the 18th the house in committee fat in debate till three o'clock in the morning, and on the 19th till four o'clock in the morning upon thefe heads of a bill; and on the 20th Mr. Gardner was ordered to attend his excellency the lord lieutenant with the faid heads of a bill, and defire the fame might be tranfmitted into Great Britain in due form. Thus after the fevereft conteft, with the full and unequivocal approbation of government, the general support of the patriots, and the unanimous accord of the British legislature in a similar indulgence to the Roman Catholics of England, were thefe heads of a bill carried through the Irish House of Commons by the fmall majority of nine. Upon the third reading of this bill in the Houfe of Lords, the contents with their proxies were 36, and the not contents were 12. On the 14th of Auguft the lord lieutenant put an end to the feffion. After having complimented both houfes upon their long and faithful attendance, he affured the commons, that

of the effect of the medicines we compound. We are fure of our poifons. My opinion ever was (in which I heartily agreed with those, that admired the old code) that it was fo conftructed, "that if there was once a breach in any effential part of it, the ruin of the whole, or nearly of the "whole, was, at fome time or other, a certainty. For that reafon I honor, and fhall for ever honor and love you, who first caused it to ftagger, crack, and gape. Others may finish, the be"ginners have the glory; and, take what part you please at this hour, (I think you will take the

*

9 Com. Journ. p. 493. One of these was upon admitting a claufe for repealing that part of the ftatute of Queen Ann, which requires the facramental test as a neceffary qualification for holding offices and places of truft and profit under the crown. On this day also a petition from the mayor, fheriffs, common council, freemen, freeholders, and other Protestant inhabitants of the city of Cork, was prefented against the bill,

their grants fhould be faithfully applied, and that it should be his endeavour, that the welfare and fecurity of the people might amply compenfate for thofe charges, which the exigency of public affairs had unavoidably occafioned.* He then addreffed himself to both houses, and faid, he flattered himself that the regulations, which had taken place that feffion, would prove effentially ferviceable to that valuable branch of commerce, the fisheries of Ireland. It was with pleasure, that he faw an act paffed for establishing a militia, which by enabling his majefty, when he fhould think proper, to call forth that part of the national ftrength, might materially contribute to the protection and defence of the kingdom. The law for relieving the Roman Catholics from fome of thofe difabilities, under which they had hitherto laboured, would, he hoped, attain the defirable end of promoting and establishing good will and mutual confidence among his majesty's fubjects, and by rendering them more united at home, make them more formidable to their enemies abroad. He congratulated with them on the late extenfion of the trade and commerce of that kingdom; it was a circumftance peculiarly fortunate to them, that an event which promised such advantages to Ireland should have taken place during his adminiftration. While they juftly enjoyed the approbation and gratitude of their country, for having promoted fo many useful laws, he was perfuaded, they would not forget what was due to the paternal care of an affectionate fovereign, and the kind difpofition of Great Britain towards that country; they would cultivate jointly, as in found policy they were infeparable, the true interefis of both kingdoms.

We have seen, that the alarming diftreffes of Ireland had roused the British Houfe of Commons to afford them fome commercial relief. When the bills to this effect were to be read a fecond time, feveral members for trading towns violently opposed them, and the table of the house of commons was covered with petitions against any extenfion of commercial advantages to Ireland, by which the trade of Great Britain fhould be in any manner affected. So violent indeed were the towns of Liverpool, Manchester, and Glasgow, that they menaced to be no longer loyal, if thefe bills fhould pafs: and Lord Middleton obferved in the debate, "that thefe towns were experienced in rebellion "fo abundantly, that the tranfition would be an object of eafy accomplishment, and the world would entertain little furprize, if they threw afide

"their new-fangled opinion." Lord North was of opinion, that as the expectations of the Irish were raised from what the houfe had already done, it would be unwife to protract the business to another feffion.. The gentlemen, who opposed the bill feemed all to agree in one point, that fomewhat ought to be done for their relief, though they differed about the nature and extent of what ought to be done. He faw no reafon, however, why the prefent bill fhould not pafs, fince the houfe might, notwithstanding, appoint a committee to enquire into the state of the trade, that from their report a plan might be formed and adopted. He did not fee the mighty difficulty, that was faid to exist, in calculating the difference neceffarily to arife in the annual imports, by the effect of the bill before the houfe. It would create small difference, comparatively fpeaking, in the revenue, fince the diminution in the imports of one place would give an additional increase to thofe of another, as the difference of duty on the enumerated articles was very trifling. He held it as the duty of Britain to give Ireland a degree, at least, of recompence for the exertions fhe had made, were we not inclined by policy, to give her relief from the restrictions fhe laboured under; and he hoped the houfe would agree on the prefent bill, as a teft of their intention and inclination to befriend her in future more fubftantially.* Mr. Burke anfwered the arguments of the honorable gentleman who oppofed the bill. The bills before the house, he faid, were no more than restorations of what the wifdom of a British parliament had, on a former occafion, thought proper to inveft Ireland with. In the 12th of Charles II. the navigation bills paffed, extending to Ireland as well as England. A kind of left-handed policy had, however, deprived her of the freedom fhe enjoyed under that act, and the had ever fince remained under the most cruel, oppreffive, and unnatural reftriction. Deprived of every incentive to industry, and shut out from every pasfage to wealth, fhe had inwardly lamented, but fhe had never complained of her condition. She had gone the moft forward lengths in ferving the intereft and defending the rights of Great Britain. She had affifted in conquefts, from which he was to gain no advantage, and emptied her treasury, and defolated her land, to prove her attachment and loyalty to the government of

* In all the affairs of Ireland Mr. Burke has ever evinced the most accurate historical knowledge, the most unbiaffed judgment, and the most conftitutional spirit of any member in either parliament. The hiftorian cannot therefore dispense with favouring the reader with the historical views from that mafterly hand as they occur.