"as for certain they have not, then with humble "submission, all the aforesaid clauses, and matters "contained in this bill, entitled, An Act to pre"vent the further growth of Popery, are directly "against the plain words and true interest and "meaning of the said articles, and a violation of "the public faith." *

In consequence of the passing of this act, and of those other acts which were passed of a similar tendency in the last reign, the Catholics were deprived of all those privileges and immunities, which they trusted had been secured in consequence of a king of England having bound himself, his heirs and successors, to fulfil the conditions of the treaty of Limerick. In place of being the free subjects of a prince, from whom they were taught to expect only justice and mercy, they were made the slaves of every one, even of the very meanest, of their Protestant countrymen. They saw the English government, on whom they had claims for protection against their own parliament, directing its fanatic counsels, and confirming its crimes. By the treaty of Limerick they were left at liberty to educate, and to act as guardians to their own children : by the penal laws they neither can send them to be educated abroad, or have them educated at home, or be guardians to their own, or the children of any other persons.

By the treaty of Limerick, the free exercise of their religion was guaranteed to them: by the penal laws their chapels are shut up, their priests are banished, and hanged if they returned home.

By the treaty of Limerick, their noblemen and

Curry's civil wars of Ireland, vol. ii. p. 387. App. xvi. wherein the speech of Sir T. Butler, is given at length.

gentlemen were specially allowed the privilege of wearing arms, and the whole body were equally entitled to the same privilege, because, when it was executed, no law existed to the contrary: by the penal laws, no Catholic is permitted to have the use of arms, except a very few even of those who were specially comprised in the treaty.

By the treaty of Limerick, Catholics might intermarry with Protestants: by the penal laws this privilege is removed.

By the treaty of Limerick, the profession of the law was open to them: by these laws it is taken

from them.

By the treaty of Limerick, the Catholics could purchase, sell, bequeath, and inherit landed property by the penal laws they can neither purchase, sell, bequeath, or inherit landed property, take annuities for lives secured on lands, or any longer lease of land than for 31 years; nor could they lend money on mortgage* or vest it in public securities.

By the treaty of Limerick, the Catholics were left in full enjoyment of every political franchise, except those of holding offices under government, and of becoming members of corporations: by the penal laws, they cannot vote at vestries, serve on grand juries, act as constables, or as sheriffs or under-sheriffs, be magistrates, vote at elections, or sit in parliament.t

* By a construction of Lord Hardwicke.

t "The exclusion from the law, from grand juries, from sheriffships, and under-sheriffships, as well as from freedom in any corporation, may subject them to dreadful hardships, as it may exclude them wholly from all that is beneficial, and expose them to all that is mischievous in a trial by jury. This was manifested within my own observation, for I was three times in

By the treaty of Limerick, they were protected from being called upon to take any other oaths besides the oath of allegiance of the 1st William and Mary by the penal laws they are required to take the oaths of abjuration and supremacy, and to subscribe declarations against the principal tenets of their religious faith.

By the treaty of Limerick, they were acknowledged as the free subjects of a British king: by the penal laws they are placed in the double capacity of slaves and enemies of their Protestant countrymen. Had they become mere slaves, they might have experienced some degree of humane treatment; but as the policy which made them slaves, held them out at the same time as the natural and interested enemies of their masters, they were doomed to experience all the oppression of tyranny, without any of the chances that other slaves enjoy, of their tyrants being merciful from feeling their tyranny secure.

This statement will be sufficient to convince those who really form their political opinions upon principles of justice, that the penal laws never should have been enacted; and that it is the duty of every upright statesman to promote the instant repeal of the whole of them: because it proves a solemn compact entered into between the Catholics and the English government, and the breach of that

Ireland, from the year 1760 to the year 1767, where I had sufficient means of information concerning the inhuman proceedings (among which were many cruel murders, besides an infinity of outrages and oppressions, unknown before in a civilised age) which prevailed during that period, in consequence of a pretended conspiracy among Roman Catholics against the King's Government."-Burke's Letter to a Peer of Ireland.

contract by the English government, notwithstanding the Catholics fulfilled their part of the agreement. How can men gravely and zealously contribute to make perpetual the political disabilities of the Catholics, which were the base and perfidious means adopted by a wicked legislature to influence men's consciences by corrupt motives, and tempt and bribe them to apostacy?

As there are, however, no small number of politicians who, though they would think it praiseworthy to keep a Catholic in a state of slavery yet would be scandalized at the bare idea of breaking faith with him in any affair of barter, particularly if they had already received from him their consideration, and that a valuable one, it will be necessary to make some further observations upon the violation of the treaty of Limerick, in order that no one may have a pretext on which he can escape the fair conclusion that ought to be drawn from what has been advanced, that the English government and nation are, at this day, bound to make good to the Catholics of Ireland the stipulations contained in that treaty. For if ever there was an instance in which the consideration that formed the basis of a treaty should have secured a liberal and a just fulfilment, it was the instance of this treaty of Limerick. In the course of the three campaigns, during which the war lasted in Ireland, the English army had been defeated on several occasions. In the north under Schomberg; before Athlone under Douglas; and before Limerick under William himself. The victory of the Boyne was the result of the personal failings of James, not of any deficiency in the number of his army, or of any want of courage on their part. Exchange kings," said the Irish officers, "and we will once more fight the battle." St. Ruth had won the battle of Aughrim, and had ex

claimed, in an ecstasy of joy, "Now will I drive "the English to the walls of Dublin," at the moment the fatal ball struck him.* And at the time the garrison of Limerick capitulated, the Irish army was in a condition to hold out at least another campaign, with a good prospect of being able to restore the fallen fortunes of James. The besieging army had made no impression on the principal part of the city; it was inferior in numbers to that of the garrison; winter was fast approaching, and at the very moment French succours were on the coast; yet all these advantages did the Irish army forego, in consideration of the terms which were granted to them by the treaty of Limerick. On the other hand, in granting these terms, the English government and nation obtained advantages of the utmost importance. For so long as James had a powerful army in Ireland †, and nearly one half of the kingdom under his dominion, the great work of the Revolution was neither accomplished nor secured. The fair way, therefore, of judging of the value of the treaty of Limerick to England, is to consider how far it contributed to promote this inestimable object. If the treaty of Limerick, in any degree, led to the establishment of the Revolution, the vast importance of this event should incline the people of England to act with justice at least towards the Catholics. But if their submission contributed essentially to crown the brilliant efforts of the friends of liberty with success, then indeed the people of England should feel zealous to act towards the Catholics, not on a cold calculation of what was merely just on their part,

* Leland, b. vi. c. 7.

† 16000 soldiers actually embarked for France after the surrender of Limerick. See Dr. Duigenan's demands of Romanists, p. 60.