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OF THE

CATHOLIC S

O F

IRELAND.

CHAP. I.

Infringement of the articles of Limerick.

AFTER a tedious and melancholy narrative of the state

of the Irish catholics at different periods, for the space of more than of one hundred and fifty years, I fhould have. no occafion to relate the following, had their sufferings ended at the furrender of Limerick. Then indeed they might fubfcribe with others, in proclaiming the change, a glorious revolution! But the conditions they had by that furrender obtained (I may fay fealed with their blood), though agreed upon and figned by both parties, in the most folemn manner, and afterwards ratified and approved by both their majesties, King William and Queen Mary, under the great feal of England, were foon after bafely infringed contrary to the law of nature, the law of nations, and the public faith.

The infringement of these articles on the part of government commenced very early after they were figned; and it was afterwards repeated, from time to

VOL. II.

time,

1

time, in fuch a manner, as to prepare the minds of the people to receive with lefs furprize, the total violation of them by acts "to prevent the further growth of popery," which were then in contemplation.

"It was

For although by the firft military article, agreed, that all perfons of what quality foever, that were willing to leave the kingdom, fhould have free liberty to go into any country beyond the feas (England and Scotland excepted) with their families;' yet, it is confeffed that the lords juftices, and General Ginckle, endeavoured to render this article of as little force as poffible, "for as great numbers of the Irish

officers and foldiers had refolved to enter into the service of France, and to carry their families with them, Ginckle would not fuffer their wives and children to be shipped off with the men; not doubting but that by detaining the former, he would have prevented many of the latter from going into that fervice. This, I fay, was confeffedly an infringement of that article.

And in lefs than two months after the capitulation of Limerick was confirmed by their majesties,2 "the juftices of peace, fheriffs, and other magiftrates, prefuming on their power in the country, did, in an illegal manner, difpoffefs feveral of their majefties fubjects, not only of their goods and chattels, but of their lands and tenements, to the great difturbance of the peace of the kingdom, fubverfion of the law, and reproach of their majefties government." It appears from a letter of the lords juftices of the 19th of November, 1691, "that their lordships had received complaints from all parts of Ireland, of the ill treatment of the Irifh, who had fubmitted, had their majefties protection, or were included in articles; and that they were fo extremely terrified with apprehenfions of the continuance of that ufage, that fome thousands of them, who had quitted the Irish army, and went home with a refolution not to go for France, were then come back again, and preffed earneftly to go thither, rather than stay in Ireland, where, contrary to the public faith (add thefe juftices)

Harris's Life of King William.

2 Id. ib. f. 357

juftices) as well as law and juftice, they were robbed of their fubftance and abused in their persons.'

In vain did the government of Ireland pretend to put a ftop to this crying injuftice and cruelty of the inferior civil officers. The lords juftices themfelves foon after became equally guilty in these refpects. It is confeffed, 3" that Capel, lord justice, in 1693, proceeded as far as it was in his power, to infringe the articles of Limerick." In 1695, the fame lord Capel being deputy, was held the first Irish parliament in this reign. If the Irish catholics, then expected the performance of their articles, and of their majefties folemn promife, to procure them fuch further fecurity from parliament in the particular of religion, as might prevent them from any future difturbance on that account,

they were indeed miferably disappointed; for inftead of performing that promife, his majesty, on the contrary, fuffered feveral fuch acts and refolutions to be paffed in that parliament, as gave them infinite disturbance, on account of their religion." But these were only preparatory steps to the feveral acts then in agitation, "to prevent the further growth of popery."

2

Q 2

3 Harris's Life of King William, f. 350.

CHA P.

4 Id. ib.

7 & 9 Wm. 3. feff. 1. c. 26. All popish archbishops, bifhops, vicars general, deans, jefuits, monks, friars, and all other regular popish clergy, and all papifts exercifing any ecclefiaftical jurifdiction, fhall depart this kingdom before the 1st of May, 1698. And if any of them, fhall be at any time after the faid day within this kingdom, they fhall be imprisoned, and remain there without bail till they be transported beyond the feas out of the king's dominions, wherever the king, his heirs or fucceffors, or chief governors of this kingdom fhall think fit: And if any fo tranfported, fhall return again into this kingdom, then to be guilty of high treason, and to fuffer accordingly.

And from the 29th of December, 1697, no popish archbifhop, &c. fhall come into this kingdom from any parts beyond the feas, on pain of twelve months imprisonment, and then to be tranfported in manner aforefaid; and if after fuch tranfportation, any of them return again into this kingdom, they shall be guilty of high treason, and fuffer accordingly.

And

CHA P. II.

Severe laws made against catholics. AMONG many other fevere laws, then enacted, against Irish catholics, his majesty gave the royal affent to that illiberal act to restrain foreign education,' by which it is provided, "that, if any fubjects of Ireland fhould after that feffion of parliament, go, or fend, any child or perfon, to be educated in any popifh univerfity, college or school, or in any private family, or if such

child

And any person that fhall from the 1ft of May, knowingly conceal, or entertain any such popish archbishops, bishops, &c. hereby required to depart out of this kingdom, or that after the faid day fhall come into this kingdom, fhall for the first offence forfeit 201. for the fecond double the fum, and if he offend the third time, fhall forfeit all his lands and tenements of freehold or inheritance, during his life; and alfo all his goods and chattels; one moiety to the king, his heirs and fucceffors, and the other moiety to the informer (fo as it exceed not 100l.) and the furplufage of what fhall remain, to the king.

December 1ft, 1697. "Refolved, that part of the act 2d Eliz. chap. 2d. which obliges every perfon, not having a lawful or reasonable excufe to be abfent, to refort every Sunday to church, and there abide during the time of common prayer, preaching, and other fervice of God be there ministered, under pain of forfeiting for every neglect, twelve-pence, ought to be put in execution." Com. Jour. vol. ii. f. 984. Are not these a direct and immediate violation of the first article of Limerick, and of king William's folemn promise for the free exercise of the catholic religion?

a "Whilft this reftraint upon foreign and domeftic education was part of an horrible and impious system of servitude, the members were well fitted to the body. To render men patient, under a deprivation of all the rights of human nature, every thing which could give them a knowledge or feeling of those rights was rationally forbidden. To render humanity fit to be insulted, it was fit that it fhould be degraded. . . . Indeed I have ever thought the prohibition of the means of improving our rational nature, to be the worit fpecies of tyranny that the infolence and perverfenefs of mankind ever dared to exercife. This goes to all men, in all fituations, to whom education can be denied." Lett. Eng. Commoner to a Peer of Irel. p. 13.

child fhould, by any popifh perfon, be inftructed in the popish religion, or if any fubjects of Ireland fhould fend money or other things towards the maintenance of fuch child or other perfon, already sent or to be fent, every fuch offender, being thereof convicted, fhould be for ever difabled to fue, or profecute any action, bill, plaint, or information in law, or equity; to be guardian, adminiftrator, or executor to any perfon, or to be capable of any legacy or deed of gift, and befides, fhould forfeit all their eftates, both real and perfonal, during their lives." This law was rigorously executed during that and the fucceeding reign.

b

In the fame feffion, "it was refolved, nemine contradicente, that the excluding of papists from having votes for the electing of members to ferve in parliament was neceffary to be made into a law." Nothing certainly, but fuch a law was wanting to complete the flavery of these people, and they were, accordingly, afterwards excluded in the firft act to prevent the further growth of popery in the following reign. Thus were these, and divers other proceedings of the like enflaving-tendency against these people, permitted and countenanced by a prince, the boasted restorer of liberty to these kingdoms, whofe public faith and honour were folemnly engaged to preferve their former privileges entire; and to endeavour to obtain from parliament further fecurity for them, in the article of religion, which was what alone rendered them thus obnoxious to government.

b

It

"The taking away of a vote (fays the fame English commoner) is the taking away the fhield which the fubject has, not only against the oppreffion of power, but that worst of all oppreffions, the perfecution of private fociety, 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 fhould become obnoxious to any bigotted or malignant people amongst whom they live, it will become the intereft of those who court popular favour, to use the numberless means which always refide in magiftracy and influence, to opprefs them. The proceedings in a certain county in Munster, (in the 1769), read a strong lecture on the cruelty of depriving men of that shield, on account of their fpeculative opinions, Id. ib.

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