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"of those articles, and consequently of the public faith, I prove "(said he) by the following argument.

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"The argument then is, (said he) whatever shall be enacted "to the prejudice or destroying of any obligation, covenant or "contract, in the most solemn manner, and for the most valuable "consideration entered into, is a manifest violation and destruc"tion of every such obligation, covenant and contract: but the passing that bill into a law, will evidently and absolutely destroy "the articles of Limerick and Galway, to all intents and purpo66 ses; and therefore the passing that bill into a law, will be such "a breach of those articles, and consequently of the public faith "plighted for performing those articles, which remained to be 66 proved.

"The major is proved; (said he) for whatever destroys or "violates any contract or obligation, upon the most valuable "considerations, most solemnly made and entered into, destroys "and violates the end of every such contract or obligation: but "the end and design of those articles were, that all those therein "comprised, and every of their heirs, should hold, possess, and "enjoy all and every of their estates of freehold and inheritance, "and all the rights, titles, and interest, privileges and immunities, "which they and every of them held, enjoyed, or were rightfully " intituled to, in the reign of King Charles the Second, or at any "time since, by the laws and statutes that were in force in the "said reign in this realm: but that the design of this bill was, "to take away every such right, title, interest, &c. from every "father being a papist, and to make the popish father, who, by "the articles and laws aforesaid, had an undoubted right, either "to sell, or otherwise at pleasure to dispose of his estate, at any "time of his life, as he thought fit, only tenant for life, and con"sequently disabled from selling, or otherwise disposing thereof, "after his son or other heir should become, protestant, though "otherwise never so disobedient, profligate, or extravagant: 66 ergo, this act tends to the destroying the end for which those "articles were made, and consequently the breaking of the pub"lic faith plighted for their performance.

"The minor is proved by the 3d, 4th, 5th, 6th, 7th, 8th, 9th, "15th, 16th, and 17th clauses of the said bill, all which (said he) "I shall consider and speak to, in the order as they are placed " in the bill.

"By the first of these clauses, (which is the third of the bill) "I that am the popish father, without committing any crime. "against the state, or the laws of the land, (by which only I ought "to be governed,) or any other fault; but merely for being of "the religion of my fore-fathers, and that which, till of late years, "was the ancient religion of these kingdoms, contrary to the ex

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press words of the second article of Limerick, and the public "faith, plighted as aforesaid for their performance, am deprived "of my inheritance, freehold, &c. and of all other advantages, "which by those articles, and the laws of the land, I am intituled "to enjoy, equally with every other of my fellow-subjects, "whether protestant or popish. And though such my estate be " even the purchase of my own hard labour and industry, yet I "shall not (though my occasions be never so pressing,) have li"berty (after my eldest son, or other heir, becomes a protestant,) "to sell, mortgage, or otherwise dispose of, or charge it for pay"ment of my debts; or have leave out of my own estate, to or"der portions for my other children; or leave a legacy, though "never so small, to my poor father or mother, or other poor re"lations; but during my own life, my estate shall be given to 66 my son, or other heir, being a protestant, though never so un"dutiful, profligate, extravagant, or otherwise undeserving; and "I that am the purchasing father, shall become tenant for life "only, to my own purchase, inheritance and freehold, which I 66 purchased with my own money: and such my son, or other "heir, by this act, shall be at liberty to sell, or otherwise at pleasure to dispose of my estate, the sweat of my brow, before my "face; and I that am the purchaser, shall not have liberty to "raise one farthing upon the estate of my own purchase, either "to pay my debts, or portion my daughters, if any I have, or "make provisions for my other male children, though never so “ deserving and dutiful: but my estate, and the issues and pro"fits of it, shall, before my face, be at the disposal of another, "who cannot possibly know how to distinguish between the du"tiful and undutiful, deserving or undeserving. Is not this, gentlemen, (said he) a hard case? I beseech you, gentlemen, "to consider, whether you would not think it so, if the scale was (6 changed, and the case your own, as it is like to be ours, if this "bill pass into a law.

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"It is natural for a father to love the child, but we all know "(says he) that children are but too apt and subject, without any "such liberty as this bill gives, to slight and neglect their duty to "their parents; and surely such an act as this, will not be an in"strument of restraint, but rather encourage them more to it.

"It is but too common with the son, who has a prospect of an estate, when once he arrives at the age of one and twenty, to “think the old father too long in the way, between him and it, " and how much more will he be subject to it, when by this act " he shall have liberty before he comes to that age, to compel and "force my estate from me, without asking my leave, or being "liable to account with me for it, or out of his share thereof, to a "moiety of the debts, portions, or other incumbrances, with

❝which the estate might have been charged, before the passing this act.

"Is not this against the laws of God and man? against the ❝rules of reason and justice; by which all men ought to be go"verned? Is not this the only way in the world, to make children "become undutiful? and to bring the grey head of the parent to "the grave, with grief and tears.

"It would be hard from any man; but from a son, a child, "the fruit of my body, whom I have nurst in my bosom, and ten❝dered more dearly than my own life, to become my plunderer, "to rob me of my estate, to cut my throat, and to take away my "bread, is much more grievous than from any other; and enough "to make the most flinty of hearts to bleed, to think on't. And 46 yet this will be the case if this bill pass into a law; which I "hope this honorable assembly will not think of, when they shall "more seriously consider, and have weighed these matters.

"For God's sake, gentlemen, will you consider whether this "is according to the golden rule, to do as you would be done "unto? And if not, surely you will not, nay you cannot, with"out being liable to be charged with the most manifest injustice "imaginable, take from us our birth-rights, and invest them in "others before our faces.

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"By the 4th clause, of the bill, the Popish father is under the penalty of 500l. debarred from being guardian to, or having "the tuition or custody of his own child or children; but if the "child pretends to be a Protestant, though never so young, or "incapable of judging of the principles of any religion, it shall be "taken from its own father, and put into the hands or care of a "Protestant relation, if any there be qualified as this act directs, "for tuition, though never so great an enemy to the Popish pa"rent; and for want of relations so qualified, into the hands and "tuition of such Protestant stranger, as the court of Chancery "shall think fit to appoint, who perhaps may likewise be my enemy, and out of prejudice to me who am the Popish father, "shall infuse into my child, not only such principles of religion, "as are wholly inconsistent with my liking, but also against the "duty which by the laws both of God and nature is due from every child to its parents: And it shall not be in my power to "remedy, or question him for it; and yet I shall be obliged to 66 pay for such education, how pernicious soever. Nay, if a "legacy or estate fall to any of my children, being minors, I that "am the Popish father shall not have the liberty to take care of "it, but it shall be put into the hands of a stranger; and though "I see it confounded before my face, it shall not be in my power "to help it. Is not this a hard case, gentlemen? I am sure you "cannot but allow it to be a very hard case.

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"The 5th clause provides, that no Protestant or Protestants, "having any estate real or personal, within this kingdom, shall "at any time after the 24th of March, 1703, intermarry with any "Papist, either in or out of this kingdom, under the penalties in "an act made in the 9th of King William, intituled, an act to "prevent Protestants intermarrying with Papists, which penalties, "see in the 5th clause of the act itself.

"Surely, gentlemen, this is such a law as was never heard of "before, and against the law of right, and the law of nations; " and therefore a law which is not in the power of mankind to "make, without breaking through the laws which our wise an"cestors prudently provided for the security of posterity, and "which you cannot infringe, without hazarding the undermining "the whole legislature, and encroaching upon the privileges of your neighbouring nations, which it is not reasonable to be"lieve they will allow.

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"It has indeed been known, that there hath been laws made in “England, that have been binding in Ireland: but surely it never was known that any law made in Ireland could affect England or any other country. But by this act, a person committing "matrimony (an ordinance of the Almighty) in England, or any other part beyond the seas (where it is lawful both by the "laws of God and man so to do,) if ever they come to live in Ire “land, and have an inheritance or title to any interest to the va"lue of 500%. they shall be punished for a fact consonant to the "laws of the land where it was committed. But, gentlemen, by "your favour, this is what, with submission, is not in your pow er to do: for no law that either now is, or that hereafter shall "be in force in this kingdom, shall be able to take cognizance "of any fact committed in another nation: nor can any one na"tion make laws for any other nation, but what is subordinate "to it, as Ireland is to England; but no other nation is subordi. "nate to Ireland; and therefore any laws made in Ireland cannot 66 punish me for any fact committed in any other nation, but more especially England, to whom Ireland is subordinate: and the "reason is, every free nation, such as all our neighbouring na"tions are, by the great law of nature, and the universal privi"leges of all nations, have an undoubted right to make, and be "ruled and governed by laws of their own making: for that to "submit to any other, would be to give away their own birth" right, and native freedom; and become subordinate to their "neighbours, as we of this kingdom, since the making of Poyn"ings's act, have been, and are to England; a right which 66 England would never so much as endure to hear of, much less "to submit to..

"We see how careful our forefathers have been to provide "that no man should be punished in one county (even of the "same nation) for crimes committed in another county; and "surely it would be highly unreasonable, and contrary to the "laws of all nations in the whole world, to punish me in this "kingdom, for a fact committed in England, or any other nation, "which was not against, but consistent with the laws of the na❝tion, where it was committed. I am sure there is not any law "in any other nation of the world that would do it.

"The 6th clause of this bill is likewise a manifest breach of "the second of Limerick articles, for by that article, all persons "comprized under those articles, were to enjoy, and have the "full benefit of all the rights, titles, privileges, and immunities "whatsoever, which they enjoyed, or by the laws of the land "then in force, were entitled to enjoy, in the reign of King "Charles the Second. And by the laws then in force, all the "Papists of Ireland had the same liberty, that any of their fellow "subjects had, to purchase any manors, lands, tenements, here"ditaments, leases for lives or for years, rents, or any other "thing of profit whatsoever: but by this clause of this bill, every "Papist or person professing the popish religion, after the 24th "of March, 1703, is made incapable of purchasing any manors, "lands, tenements, hereditaments, or any rents or profits out of "the same, or holding any lease of lives, or any other lease "whatsoever, for any term exceeding thirty-one years, wherein 66 a rent, not less than two-thirds of the improved yearly value, "shall be reserved, and made payable, during the whole term; “and therefore this clause of this bill, if made into a law, will "be a manifest breach of those articles.

"The 7th clause is yet of much more general consequence, and "not only a like breach of those articles, but also manifest robbing "of all the Roman Catholicks of the kingdom of their birth"right for by those articles, all those therein comprized were "(said he) pardoned all misdemeanors whatsoever, of which 66 they had in any manner of way been guilty, and restored to "all the rights, liberties privileges, and immunities whatever, "which, by the laws of the land, and customs, constitutions, and "native birthright, they, any, and every of them, were, equally "with every other of their fellow subjects entitled unto. And "by the laws of nature and nations (as well as by the laws of "the land) every native of any country, has an undoubted "right and just title to all the privileges and advantages, which "such their native country affords and surely no man but will "allow, that by such a native right, every one born in any "country, hath an undoubted right to the inheritance of his fa"ther, or any other to whom he or they may be heir at law: but

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