"but I never heard of any law for it till now; and that cuftom is far dif"ferent from what by this bill is intended to be made a law; for there, and "by that custom, the father, or other perfon, dying poffeffed of any estate of "his own acquifition, or not entailed (let him be of what perfuafion he will), may by will bequeath it at pleasure or if he dies without will, the estate "fhall not be divided, if there be any male heir to inherit it; but for want "of male heir, then it fhall defcend in gavel-kind among the daughters, and "not otherwise. But by this act, for want of a Protestant heir, enrolled as "fuch within three months after the death of fuch Papift, to be divided, "fhare and share alike, among all, his fons; for want of fons among his daughters; for want of fuch among the collateral kindred of his father; "and in want of fuch, among thofe of his mother; and this is to take place "of any grant, fettlement, &c. other than fale for valuable confideration of

money, really, bona fide, paid. And fhall I not call this a ftrange law? Surely it is a ftrange law, which, contrary to the laws of all nations, thus "confounds all fettlements, how antient foever, or otherwife warrantable by "laws heretofore in force, in this or any other kingdom.

"The 9th claufe of this act is another manifeft breach of the articles of "Limerick, for by the 9th of thofe articles, no oath is to be administered to, "nor impofed upon fuch Roman Catholics, as fhould fubmit to the government, but by oath of allegiance, appointed by an act of parliament made in England, in the first year of the reign of their late majefties King Wil"liam and Queen Mary, (which is the fame with the first of thofe appointed by the 10th claufe of this act:) But by this claufe none fhall have the be"nefit of this act, that shall not conform to the church of Ireland, fubfcribe the declaration, and take and fubfcribe the oath of abjuration, appointed by the 9th clause of this act; and therefore this act is a manifest breach of "thofe articles, &c. and a force upon all the Roman Catholics therein comprised, either to abjure their religion, or part with their birthrights, which, by thofe articles, they were, and are, as fully and as rightfully en"titled unto as any other subjects whatever.

"The 10th, 11th, 12th, 13th, and 14th clauses of this bill (faid he) relate "to offices and employments, which the Papifts of Ireland cannot hope for "the enjoyment of, otherwife than by grace and favor extraordinary; and "therefore do not fo much affect them, as it does the Proteftant Diffenters, "who (if this bill pafs into a law) are equally with the Papifts deprived of "bearing any office, civil or military, under the government, to which by Fright

66

right of birth, and the laws of the land, they are as indifputably entituled, as any other Proteftant brethren: and if what the Irish did in the late dif"orders of this kingdom, made them rebels, (which the prefence of a king, "they had before been obliged to own, and fwear obedience to, gave them a reasonable colour of concluding it did not), yet furely the Diffenters did "not do any thing to make them fo; or to deferve worfe at the hands of "the government, than other Proteftants; but, on the contrary, it is more "than probable, that if they, (I mean the Diffenters) had not put a stop to "the career of the Irish army at Enniskillen and Londonderry; the fettle"ment of the government, both in England and Scotland, might not have "proved fo eafy, as it thereby did, for if that army had got to Scotland, (as "there was nothing at that time to have hindered them, but the bravery of "thofe people, who were moftly Diffenters, and chargeable with no other "crimes fince; unless their clofe adhering to, and early appearing for the "then government, and the many faithful fervices they did their country, "were crimes) I fay (faid he) if they had got into Scotland, when they had boats, barks, and all things elfe ready for their tranfportation, and a great many friends there in arms waiting only their coming to join them, it is "eafy to think, what the confequence would have been to both these king"doms; and thefe Diffenters then were thought fit for command, both civil "and military, and were no lefs inftrumental in contributing to the reducing the kingdom, than any other Proteftants: and to pass a bill now, "to deprive them of their birth rights, (for thofe their good fervices) would furely be a most unkind return, and the worst reward ever granted to a people, fo deferving. Whatever the Papifts may be fuppofed to have deferved, the Diffenters certainly stand as clean in the face of the prefent go"vernment, as any other people whatsoever: and if this is all the return they are like to get, it will be but a flender encouragement, if ever occafion "fhould require, for others to purfue their examples.

66

"By the 15th, 16th, and 17th claufes of this bill, all Papifis, after the "24th of March, 1703, are prohibited from purchafing any houfes or tenements, or coming to dwell in Limerick or Galway, or the fuburbs of ei"ther, and even fuch as were under the articles, and by virtue thereof, have "ever fince lived there, from ftaying there; without giving fuch fecurity "as neither thofe articles, nor any law heretofore in force, do require, ex"cept feamen, fishermen, and day-labourers, who pay not above forty fhil«lings a year rent, and from voting for the election of members of parlia

"ment, unless they take the oath of abjuration, which, to oblige them to, "is contrary to the 9th of Limerick articles, which, as aforefaid, fays the "oath of allegiance, and no other, fhall be impofed upon them, and, unless

they abjure their religion, takes away their advowfons and rights of pre"fentation, contrary to the privilege of right, the laws of nations, and the "great charter of Magna Charta; which provides, that no man shall be "deffeized of his birth-right, without committing fome crime against the "known laws of the land in which he is born, or inhabits. And if there was no law in force, in the reign of King Charles the Second, against these things (as there certainly was not), and if the Roman Catholics of this kingdom have not since forfeited their right to the laws that then were "in force (as for certain they had not) then with humble fubmiffion, all "the aforefaid claufes and matters contained in this bill, intituled, an act "to prevent the farther growth of Popery, are directly against the plain "words and true intent and meaning of the faid articles, and a violation "of the public faith, and the laws made for their performance; and what I "therefore hope (faid he) this honourable house will confider accordingly."

66

Counsellor Malone and Sir Stephen Rice, made difcourfes on the fame fide; the latter, not as a counsel, but as a petitioner, likely to be aggrieved by the paffing of the faid act: but in the courie of the reply to the arguments of thofe gentlemen, it was objected, that they had not demonstrated how and when (fince the making of the article of Limerick) the Papists of Ireland had addreffed the queen or government, when all other fubjects were fo doing, or had otherwise declared their fidelity and obedience to the

queen.

It was (among other things) obferved, that by a provifo at the latter end of the fecond of those articles, none was to have or enjoy the benefit thereof, that should refufe to take the oath of allegiance.

That any right which the Papifts pretended to be taken from them by the bill, was in their own power to remedy, by conforming; as in prudence, they ought to do; and that they ought not to blame any but themselves.

The next day the bill was ordered to be engroffed and fent to the lords. The petitioners having applied to the lords alfo, for leave to be heard by their counsel againft the bill, the fame was granted, and the fame counfel, upon Monday, February 28th, appeared there, and offered fuch-like arguments as they had made use of in the other house: they told their lordships,

it

229

it had been objected by the commons, that the paffing that bill would not be a breach of the articles of Limerick, as had been fuggefted; because, the perfons therein comprized were only to be put into the fame state they were in the reign of Charles the Second, and because, that in that reign there was no law in force which hindered the paffing any other law thought needful for the future fafety of the government.

That the commons had further fayed, that the paffing this bill was needful at prefent, for the fecurity of the kingdom, and that there was not any thing in the articles of Limerick that prohibited their fo doing.

It was admitted, on the part of the petitioners, that the legislative power cannot be confined from altering and making fuch laws as fhall be thought necessary, for securing the quiet and safety of the government; that in time of war or danger, or when there fhall be just reafon to fufpect any ill defigns to disturb the public peace, no articles or previous obligations, shall tie up the hands of the legiflators from providing for its fafety, or bind the government from difarming and fecuring any, who may be reasonably fufpected of favouring or correfponding with its enemies, or to be otherwife guilty of ill practices: " or indeed to enact any other law," faid Sir Stephen Rice," that may be abfolutely needful for the fafety and advantage of the public; fuch a "law cannot be a breach either of thefe, or any other like articles. But then "fuch laws, ought to be in general, and should not fingle out, or affect, any one particular part or party of the people, who gave no provocation to any "fuch law and whofe conduct ftood hitherto unimpeached, ever fince the "ratification of the aforefaid articles of Limerick. To make any law that "fhall fingle any particular part of the people out from the reft, and take "from them what had been confirmed to, and intailed upon them, will be "an apparent violation of the original institution of all right, and an ill precedent, to any that hereafter might diflike either the prefent or any "other fettlement, which fhould be in their power to alter; the confequence "of which is hard to imagine.'

The lord chancellor having fummed up all that had been offered at the bar, the house proceeded thereupon; the bill was read through; and, to the great mortification of that unhappy party, was paffed, and upon the 4th of March obtained the royal affent.

No.

No. LIII.

Proteft upon the Schifm A& in the British Houfe of Lords. P. 230.

WE cannot apprehend (as the bill recites) that great danger may enfue from the Diffenters, to the church and ftate, becaufe, firft by law no Diffenter is capable of a station which can be fuppofed to render him dangerous.

2d. And fince the feveral fects of Diffenters differ from each other as much as they do from the established church, they can never form of themselves a national church; nor have they any temptation to fet up any one fect among them for in that cafe, all that the other fects can expect, is only a toleration, which they already enjoy by the indulgence of the state; and therefore, it is their interest to support the established church against any other fect that would attempt to destroy it.

II. If, nevertheless, the Diffenters were dangerous, feverity is not fo proper and effectual a method to reduce them to the church, as a charitable indulgence, as is manifest by experience, there having been more Diffenters reconciled to the church fince the act of toleration, than in all time fince the act of uniformity, to the time of the faid act of toleration, and there is fcarce one confiderable family in England in community with the Diffenters: feverity may make hypocrites, but not converts.

III. If feverity could be fuppofed ever to be of use, yet this is not a proper time for it, while we are threatened with much greater dangers to the church and nation against which the Proteftant-Diffenters have joined, and are still willing to join with us; by enforcing the laws against them, in a matter which of all others, must most fenfibly grieve them, viz. the education of their children; which reduces them to a neceffity either of breeding them in a way they do not approve, or of leaving them without inftruction.

IV. This must be the more grievous to the Diffenters, because it was little expected from the members of the established church, after fo favourable an indulgence as the act of toleration, and the repeated declarations and profeffions from the throne, and former parliaments, against all profecution, which is the peculiar badge of the Roman church, which avows and practifes this doctrine: and yet this has not been retaliated even upon the Papifts, for all the laws made against them have the effects and just punishment of

treafons,