senters, who (if this bill pass into a law) are equally with the papists de prived 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 indisputably entituled, as any other their pro estant brethren: And if what the Irish did in the late disorders of this kingdom, made them rebels, (which the presence of a king, they had before been obliged to own, and swear obedience to, gave them a reasonable colour of concluding it did not,) yet surely the dissenters did not do any thing to make them so; or to deserve worse at the hands of the government, than other protestants; but, on the contrary, it is more than probable, that if they, (I mean the dissen ters) had not put a stop to the career of the Irish army at Enniskillen and I ondon-Derry; the settlement of the Government, both in England and Scotland, might not have proved so easy, 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 mostly dissenters, and chargeable with no other crimes since; unless their close adhering to, and early appearing for the then government, and the many faithful services they did their country, were crimes) I say (said he) if they had got to Scotland, when they had boats, barks, and all things else ready for their transportation, and a great many friends there in arms waiting only their coming to join them; it is easy to think, what the consequence would have been to both these kingdoms and these; dissenters then were thought fit for command, both civil and military, and were no less instrumental in contributing to the reducing the kingdom, than any other protestants: And to pass a bill now, to deprive them of their birth-rights, (for those their good services,) would surely be a most unkind return, and the worst reward ever granted to a people, so deserving. Whatever the papists may be supposed to have deserved, the dissenters certainly stand as clean in the face of the present goverment, as any other people whatsoever: And if this is all the return they are like to get, it will be but a slender encouragement, if ever occasion should require, for others to pursue their examples. "By the 15th, 16th, and 17th clauses of this bill, all papists, after the 24th of March 1703, are prohibited from purchasing any houses or tenements, or coming to dwell in Limerick or Galway, or the suburbs of either, and even such as were under the articles, and by virtue thereof have ever since lived there, from staying there; without giving such security as neither those articles, nor any law heretofore in force, do require; except sea-men, fishermen, and day-labourers, who pay not above forty shillings 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 aforesaid, says the oath of allegiance, and no other, shall be imposed upon them; and, unless they abjure their religion, takes away their advowsons 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 shall be disseized of his birth-right, without committing some crime against the known laws of the land in which he is born, or in 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 have not) then with humble submission, all the aforesaid 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 said articles, and a violation of the public faith, and the laws made for their performance; and what I therefore hope (said he) this honourable house will consider accordingly." Counsellor Malone and sir Stephen Rice made discourses on the same side; the latter, not as a counsel, but as a petitioner, likely to be aggrieved by the passing of the said act: But in the course of the reply to the arguments of those gentlemen, it was objected, that they had not demonstrated how and when (since the making of the articles of Limerick) the papists of Ireland had addressed the queen or government, when all other subjects were so doing, or had otherwise declared their fidelity and obedience to the queen. It was (among other things) observed, that by a proviso at the latter end of the second of those articles, none was to have 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 engrossed and sent to the lords. The petitioners having applied to the lords also, for leave to be heard by their counsel against the bill, the same was granted; and the same coun sel, upon Monday, February 28th, appeared there, and offered such-like arguments as they had made use of in the other house: They told their lordships, that it had been objected by the commons, that the passing that bill would not be a breach of the articles of Limerick, as had been suggested; because, the persons therein comprized were only to be put into the same 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 passing any other law thought needful for the future safety of the govern ment. That the commons had further sayed, that the passing this bill was needful at present, for the security of the kingdom; and that there was not any thing in the articles of Limerick that prohibited their so doing. It was admitted, on the part of the petitioners, that the legislative power cannot be confined from altering and making such laws as shall be thought necessary, for securing the quiet and safety of the government; that in time of war or danger, or when there shall be just reason to suspect any ill designs to disturb the public peace, no articles or previous obligations, shall tie up the hands of the legislators from providing for its safety, or bind the government from disarming and securing any, who may be reasonably suspected of favouring or corresponding with its enemies, or to be otherwise guilty of ill practices: “Or indeed to enact any other law," said sir Stephen Rice," that may be absolutely needful for the safety and advantage of the public; such a law cannot be a breach either of these, or any other like articles. But then such laws, ought to be in general, and should not single out, or affect, any one particular part or party of the people, who gave no provocation to any such law, and whose conduct stood hitherto unimpeached, ever since the ratification of the aforesaid articles of Limerick. To make any law that shall single 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 institution of all right, and an ill president to any that hereafter might dislike either the present or any other settlement, which should be in their power to alter; the consequence of which is hard to imagine." The Lord Chancellor having summed 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 passed; and upon the 4th of March obtained the royal assent. NUMBER. XVIL [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. [See Review, p. 493.] SERMON 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 usually taken by your predecessors ? And the king answered. I am willing Then the bishop ministered these questions; to which the king (having a book in his hand) answered 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 predecessors; and namely, the laws, customs, and franchises granted to the clergy by the glorious king St. Edward, your predecessor, according to the laws of God, the true profession 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 promise 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 customs which the commonalty of this your kingdom have, and will you defend and uphold them to the honour of God, so much as in you lieth? KING. I grant and promise so to do: Then the petition or request of the bishops to the king, was read by the bishop of Glocester, with a clear voice, in the name of the rest standing by. Our lord and king, we beseech you to pardon us, and to grant and preserve unto us, and the churches committed to our charge, all canonical privileges, and due law and justice, and that you will protect and defend us, as every good king in his kingdom ought to be proiector and defender of the bishops and churches under their government. The king answered: With a willing and devout heart, I promise and grant you my pardon; and I will preserve and maintain to you, and the churches committed to your charge, and all canonical privileges, and due law and justice. And that I will be your protector and defender to my power, by the assistance of God, as every good king in his kingdom ught in right to protect and defend the bishops and churches under their government. Then the king arose from his chair, and being attended by the lord great chamberlain, and supported by the two bishops, and the sword of state carried before him, he went to the altar, and laying his hand upon the Evangelists, took the oath following: The things which I have here before promised, I will perform and keep. So help me God, and the contents of this book, And then kissed the book, INDEX. A ACTS of cruelty of the chief gover- Adventurers, British, and their sục- Antrim, earl of, basely treated by Aylmer, sir Andrew, together with B. BAGNAL, sir Henry, shares of Walter, colonel, makes a Barnwell of Kilbrew, put to the rack by order of the lords justices, 221. Bingham, sir Richard, president of Borlase, Dr. his History of the Irish Irish, 187. note. Brughill, lord, cruelty of, on the , Sir Theobald, pleads at the bar of both houses of parliament, C CAPEL, lord justice, proceeds to 526. Carew, sir John, apologizes for the Castlehaven, earl of, offers his services to suppress the northern iusur- 285. Part of two of his letters Charles II. proclaimed king in Scot- 443. Chichester, sir Arthur, lord deputy, Chichester, colonel, makes prisoners Clanrickard, earl of, gives an account |