But befides the difficulty thefe people were under of getting fuch fecurity, as, at that period of jealoufy and diftruft, would be allowed fufficient by the chiefmagistrate, who was himself the principal petitioner against them; even those few catholic inhabitants, whofe fecurity was unexceptionable, and who confequently could not be hindered to continue in their habitations, were yet, foon after, put under a neceffity of abandoning them, of their own accord; unless it can be fuppofed, that trading people can live contentedly, or with any fort of convenience, in a place where they are forced to remain feparate from their wives, children, and fervants. For that fuch was to 2 be the fituation of thofe few licenfed catholics (not more than twenty' were fuffered to be thus licenced), is manifeft from hence, that "in March 1704, a petition from the Roman catholic inhabitants of Limerick, praying that bail might be taken for their wives, children and fervants, as inhabitants thereof, having been presented to the house, and read, it was ordered to be rejected." " 1 Com. Journ. vol. iii. fol. 133. CHA P. 2 Ib. f. 281. against this clause, in the act of the 2d of Queen Anne, “ the Roman catholic citizens of Limerick are prohibited by it from living or staying there, even fuch as were under the articles, and by virtue thereof had even fince (1691) lived there, without giving fuch fecurity, as neither these articles, nor any law heretofore in force, do require, except feamen, fishermen, and day-labourers, who did not pay above forty fhilllings a year rent." b The act to prevent the further growth of popery sets forth, "that if any perfon or perfons of the popish religion, other than fuch trading merchants (viz. feamen, fishermen, and day-labourers, who did not pay above forty fhillings a year rent), not exceeding twenty, in each of the towns of Limerick and Galway, as fhall be licensed by the chief governor and governors of this kingdom, for the time being, fhall prefume to live, dwell, or inhabit, or take any houfe or tenement, in either of faid towns, or their fuburbs; he or they fhall forfeit all his or their goods and chattels, and fuffer imprisonment for the space of one whole year." Com. Journ. vol. iii. f. 133. Penal laws to prevent the further growth of popery. IT T is worthy of particular notice, that about the time of paffing this first act to prevent the further growth of popery, feveral members of the house of commons refigned their feats, defiring that writs might be iffued to chufe other members in their room. And these refignations became then fo frequent, that the house found it neceffary to refolve,'" that the excufing of members, at their own request, from the fervice of the house, and thereupon iffuing out new writs to elect other members to ferve in their places, was of dangerous confequence, and tended to the fubversion of the conftitution of parliament." But the humour of refigning still continuing, it was afterwards "unanimoufly refolved, that it might be made the standing order of the house, that no new writs for electing members of parliament, in the place of members excufing themselves from the service of the house, do iffue, at the defire of fuch members, notwithstanding any former precedents to the contrary." So many, and fuch unufual refignations, evidently fhew, that feveral members, even of that parliament, were ashamed of their proceedings, and unwilling to be thought to have been any way concerned in them. 2 In 1703, when the Irish commons, in a body, prefented to the Duke of Ormond, then lord lieutenant of Ireland, the first bill to prevent the further growth of "The commons (fays Burnet) offered this bill to the Duke of Ormond, preffing him with more than usual vehemence, to intercede fo effectually, that it might be returned back under the great feal of England. It came over warmly recommended by the Duke of Ormond, &c." Hift. of his own Times, vol. ii. f. 214. of popery, to be tranfmitted into England, his grace was pleafed to give them his promise, which, indeed, he punctually performed, "that he would recommend it in the most effectual manner, and do every thing in his power to prevent the growth of popery." 4 There is no room to doubt of the Duke of Ormond's having always profeffed himself a zealous and fteadfast proteftant. But what evidently fhews, that his civil orthodoxy was not, therefore, the more to be relied upon, is, that he afterwards deferted his protestant king, and adhered to a popish pretender to his throne. For which the Irish commons unanimously voted him " guilty of high treafon; his eftate to be vefted in the crown; and that a reward of ten thoufand pounds fhould be offered for apprehending him, in cafe he landed in any part of Ireland." So that he who, in 1704, had been addreffed by them with particular marks of love and veneration, on account of his having procured this barrier to the proteftant religion, as that law was then, and has been fince called; became afterwards, in 1715, the public object of their averfion and contempt. For in their addrefs to the king, on occafion of the rebellion which had then broke out in Scotland, they told his majefty," that it was with the utmost concern, they found that this country gave birth to James Butler, late Duke of Ormond; a person who, in despite of his allegiance, and the obligations of repeated oaths, has been one of the chief authors and fomenters of that wicked and unnatural rebellion." 66 But, indeed, what better could these commons have expected from a person, who, regardless of public faith, and the articles of the capitulation of Limerick, had procured to be enacted, a penal statute, through which there runs fuch a vein of ingenious cruelty, that it feems to be dictated rather by fome prætor of Dioclefian, than by a British or Irish nobleman ?" It was a fingular circumstance in this duke's fortune, that although 4 Id. vol. iv. f. 64. Confid. Pen. Laws. 3 Com. Journ. vol. iii. f. 201. though in his expedition on the coaft of Spain, his foldiers committed many outrages, and profanations of what was held facred by the inhabitants; yet after the bill of attainder had paffed against him, he fled for protection to that country, where he had connived at the facrilegious exceffes of his army; and afterwards retired to Avignon, a territory belonging to the first prelate of that church, which he had treated with fo much cruelty. Upon the return of this bill to prevent the further growth of popery from England," "Nicholas Lord Kingfland, Colonel John Brown, Colonel Burke, Colonel Robert Nugent, Major Allen, Captain Arthur French, with other Roman catholics of Ireland, and perfons comprized in the articles of Limerick and Galway, petitioned to be heard by counsel against it; which was granted.". This returned bill had a clause inferted in England, which gave great offence to the whole body of diffenters in Ireland; many of whom, then in the house of commons, were perfons of confiderable power and influence. For this reafon it was expected, that it would have been totally laid afide; and the rather, because the diffenters had lately received no fmall difguft by a refolution of a committee in October 1703,7 "that the penfion of one thousand two hundred pounds ❝ Com. Jour. vol. iii. f. 173. 7 Id. vol. ii. f. 76. per "A claufe was added (in England), which they (Roman catholics) hoped would hinder its being accepted in Ireland. That matter was carried on fo fecretly, that it was known to none but those who were at the council, till the news of it came from Ireland, upon its being fent thither. The clause was to this purpose, that none in Ireland fhould be capable of any employment, or of being in the magistracy of any city, who did not qualify themselves.by receiving the facrament, according to the test-act paffed in England; which before this time had never been offered to the Irish nation. It was hoped, by those who got this clause added to the bill, that those in Ireland, who promoted it most, would now be the lefs fond of it, when it had fuch a weight hung to it." Burnet's Hift. of his own Times, vol. ii. f. 214. ני per annum, granted to the prefbyterian minifters in Ulfter, was an unneceffary branch of the establishment." The diffenters, in their petition to the commons on occafion of the above mentioned claufe, complained, "that," to their great furprize and disappointment, they found a clause inferted in the act to prevent the further growth of popery, which had not its rife in that honourable house; whereby they were difabled from executing any public truft, for the fervice of her majesty, the proteftant religion, or their country; unless, contrary to their confciences, they fhould receive the Lord's fupper, according to the rights and ufages of the established church." This claufe has been fince called the facramental teft, then first imposed on the diffenters of Ireland; whose zeal against popery was fo creduloufly blind at that juncture, that upon a promise given them of having it repealed on the first opportunity, they readily concurred in paffing, together with the claufes against popery, that mortifying one against themselves. But their friends in parliament, afterwards wanting either the power or the inclination to make good their promife, that clause was not only left unrepealed, but alfo put in frequent and ftrict execution, during all queen Anne's reign. In October 1707, these commons entered into fuch fevere refolutions against diffenters, as plainly fhewed, how little confidence their brethren ought to have placed in the promise they made them in 1703. For first, they " refolved that, by an act to prevent the further growth of popery, the burgeffes of Belfast were obliged to fubfcribe the declaration, and receive the facrament according to the ufage of the church of Ireland." And fecondly, upon the noncompliance of fome of these burgeffes; "that the burgefsfhip of the faid burgeffes of Belfast, who had not fubfcribed the declaration, and received the facrament, pursuant to the faid act, was, by fuch neglect, Presbyterian Loyalty, fub finem. become |