tant, and his heirs, being and continuing proteftants, as though the faid popifh heir and all other popish relations were dead without being accountable for the fame: Which is nothing lefs than robbing fuch popifh heir of fuch his birth-right; for no other reafon, but his being and continuing of that religion, which by the first of Limerick artitles, the Roman catholics of this kingdom were to enjoy, as they did in the reign of king Charles II. and then there was no law in force, that deprived any Roman catholic of this kingdom of any fuch their native birth-right, or any other thing, which, by the laws of the land then in force, any other fellow-fubjects were intituled

unto.

"The 8th clause of this bill, is to erect in this kingdom a law of gavel-kind, a law in itself so monstrous and strange, that I dare fay, this is the first time it was ever heard of in the world; a law fo pernicious and deftructive to the well-being of families and focieties, that in an age or two, there will hardly be any remembrance of any of the ancient Roman catholic families known in the kingdom; a law which, therefore, I may again venture to say, was never before known or heard of in the universe !

"There is, indeed, in Kent, a cuftom, called the Cuftom of Gavel-kind; but I never heard of any law for it till now; and that custom is far different 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 eftate of his own acquifition, or not entailed, (let him be of what persuasion he will) may by will bequeath it at pleasure: Or if he dies without will, the eftate 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 otherwife. But by this act, for want of a proteftant heir, enrolled as fuch within three months after the death of fuch papist, to be divided, share and fhare like, 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 those 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 strange 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 all the laws heretofore in force, in this, or any other kingdom!

"The 9th claufe of this act, is another manifest breach of the articles of Limerick; for by the 9th of those articles, no oath is to be adminiftered to, nor impofed upon fuch Roman catholics, as fhould fubmit to the government, but the oath of allegiance, appointed by an act of parliament made in England,

in the first year of the reign of their late majefties KING WILLIAM, and QUEEN MARY, (which is the fame with the first of those appointed by the 10th clause of this act :) But by this claufe, none fhall have the benefit 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 manifeft breach of those articles, &c. and a force upon all the Roman catholics therein comprized, either to abjure their religion, or part with their birth-rights; which, by thofe articles, they were, and are, as fully, and as rightfully entituled unto, as any other subjects whatever.

"The 10th, 11th, 12th, 13th, and 14th claufes of this bill, (faid he) relate to offices and employments, which the papists of Ireland cannot hope for the enjoyment of, otherwise than by grace and favour 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 papists deprived of bearing any office, civil or military, under the government, to which by right of birth, and the laws of the land, they are as indifputably entituled, as any other their proteftant brethren: And if what the Irish did in the late diforders of this kingdom, made them rebels, (which the presence 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 deserve worse 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 ftop to the career of the Irish army at Enniskillen and LondonDerry; the fettlement 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 those 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 services they did their country, were crimes) I fay (faid he) if they had got to 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 thefe kingdoms; and thefe diffenters then were thought fit for command, both civil and military, and were no less inftrumental in contributing to the reducing the kingdom, than any other proteftants: And to país a bill now, to deprive them of their birth-rights, (for thofe their good fervices,) would furely be a moft unkind return, and the worst reward ever granted to

a people,

a people, fo deferving. Whatever the papifts may be supposed to have deferved, the diffenters certainly ftand as clean in the face of the prefent government, 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 occasion should require, for others to pursue their examples.

"By the 15th, 16th, and 17th claufes of this bill, all papifts, after the 24th of March 1703, are prohibited from purchafing any houses or tenements, or coming to dwell in Limerick or Galway, or the fuburbs of either, and even such as were under the articles, and by virtue thereof have ever fince lived there, from staying there; without giving fuch fecurity as neither those articles, nor any law heretofore in force, do require; except fea-men, fishermen, and day-labourers, who pay not above forty fhillings a year rent; and from voting for the election of members of parliament, 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 right of presentation, contrary to the privilege of right, the laws of nations, and the great charter of Magna Charta; which provides, that no man fhall be diffeized 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 fince forfeited their right to the laws that then were in force; (as for certain they have not) then with humble fubmiffion, all the aforefaid clauses and matters contained in this bill, intituled, An act to prevent the further 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.”

Counsellor Malone and Sir Stephen Rice made discourses 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 course 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 articles of Limerick) the papists of Ireland had addreffed the queen or government, when all other fubjects were so 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

ог

or enjoy the benefit thereof, that should refuse to take the oath of allegiance.

That any right which the papists 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 sent to the lords.

The petitioners having applied to the lords alfo, for leave to be heard by their counsel against 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 ufe of in the other houfe: They told their lordships, that 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 fuggested; because, the perfons therein comprized were only to be put into the fame ftate they were in the reign of Charles the Second, and because, that in that reign there was no law in force which hindered the pafling 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 neceffary, for fecuring the quiet and fafety of the government; that in time of war or danger, or when there fhall be juft reafon to fufpect any ill defigns to difturb the public peace, no articles or previous obligations, fhall 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 rest, and take from them what, by right of birth, and all the preceding laws of the land had been confirmed to, and intailed upon them, will be an apparent violation of the original inftitution of all right, and an ill prefident to any that hereafter might diflike either the prefent or any

other

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.

[From the History of the Coronation of King James II. and Queen Mary; published by royal authority in 1687, p. 88.] The Coronation Oath of James II.

SERMON

[See Review, vol. ii. p. 183.]

ERMON being ended, the king uncovered his head, and the archbishop arose, and repaired to his majesty, and asked him :

Sir, Are you willing to take the oath ufually taken by your predeceffors?

And the king answered. I am willing.

Then the bishop ministered these questions; to which the king (having a book in his hand) anfwered severally as followeth.

ARCHB. Sir, will you grant and keep, and by your oath confirm to the people of England, the laws and customs to them granted by the kings of England, your lawful and religious predeceffors; and namely, the laws, cuftoms, and franchifes granted to the clergy by the glorious king St. Edward, your predeceffor, according to the laws of God, the true profeffion of the gospel established in this kingdom, and agreeing to the prerogative of the kings thereof, and the antient customs of this realm ?

KING. I grant and promife to keep them.

ARCHB. Sir, will you keep peace and godly agreement intirely, according to your power, to the holy church, the clergy and the people?

KING. I will keep it.

ARCHB. Sir, will you to your power cause law, justice and discretion, in mercy and truth, to be executed in all your judgments?

KING. I will.

ARCHB. Sir, will you grant to hold and keep the rightful cuftoms which the commonalty of this your kingdom have, and will you defend and uphold them to the honour of God, fo much as in you lieth?

KING. I grant and promise fo to do.

Then