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Among the cases related by Howard,1 are those of Tisdal v. Quin, Evans v. Quin, and the curious one relative to the sons of Sir Stephen Rice, one of whom was informed against by Stone, a " discoverer."
Sir Stephen Rice died in 1714; he had three sons, Edward, James and Thomas. By his will he devised Land to Edward for life; but Sir Stephen being a Papist, the Estate, notwithstanding the will, by the acts against the Growth of Popery, descended to the three sons in gavel-kind. Edward, his eldest son, turned Protestant, and thereby became entitled to the fee of the Estate, and died in May, 1720, and by his will devised his estate to the defendant, a Papist, in fee. The Plaintiff filed his Bill the 29th of October following, before the six months allowed by 2 Anne, c. 6, for conforming, had elapsed. The defendant demurred, for this, and that this was not a purchase by a Papist, within the meaning of the second act, which gave the benefit of conveyances to Papists to a Protestant discoverer. There was much argument on both sides; the court being of opinion that this case did not fall within the clause of the first act, which makes a purchase by a Papist void or within the clause of the second act, which gives lands conveyed to a Papist to a Protestant discoverer; that a desire here was not to be considered as a purchase in the legal sense, in opposition to descent, but that it fell within the clause of the first act, which gives the benefit of it to the next Protestant relation; and the demurrer was allowed, but without costs. Edward became a Catholic again on his deathbed, which gave rise to further litigation, on a case in which Mary Rice, his daughter, appeared.
In the case of Evans against Quin, in Chancery, 26th of June, 1725, where Quin, who was of Popish parents, but became ll Protestant in 1709, and was then called to the bar, but never filed any certificate of his conformity, but purchased an estate; and a bill of discovery being filed against him for this purchase, he pleaded that he was a Protestant; and on solemn argument the plea was allowed; the court being clearly of opinion that he was a good Protestant to purchase, notwithstanding he never filed any certificate of his conformity. Similar cases can be produced ad infinitum.
There was no more odious or noisome character than the discoverer if we except the Priest-catcher.*
In the year 1709, it was enacted, that every registered popish priest should take the oath of abjuration before the 25th of March, 1710, "in any of the Four Courts of Dublin, or in any of the Courts of Quarter Sessions in the counties in which they were registered, which, if they did not perform, and celebrated mass, or performed any other priestly function, they became obnoxious to the pains and penalties of a convicted regular priest." This statute was directly contrary to the ninth article of the Treaty of Limerick. No priest, though registered, could perform any sacerdotal office except in the parish for which he was registered. A priest removed, or dead, was not to have a successor. Ample rewards were given to the priest-catcher, the schoolmaster-hunter, and the persecutor of every degree and kind. Iu the county of Limerick, amid these terrible trials, it is related that but one Catholic clergyman fell before the tempest; and that such was the horror widely entertained of his, alas! unfortunate apostacy, that the members of his own family refused to receive him after his fall. Even the Protestant bishop, Dr. Smyth, does not appear to have encouraged him, while Dean Daniel sent him off with "five thirteens."1 In 1710, a complaint, with the nature of which we are unacquainted, was forwarded against Dr. Smyth—who appears ever to have been in hot water—to the Duke of Ormonde, who he was told, "since his lordship is unwilling to come to town, to wait on the Lord Lieutenant, he is afraid his Excellency will make him a visit at Limerick. It is said with assurance, that he designs a progress through Munster, and will set forward the 20th current, the day after ye recess begins. He goes by Kilkenny, so to Clonmell, Cork, Kingsale, and Limerick."
1 Howard's Special Cases on the Laws to prevent the growth of Popery. * M'Graths of Clare, lost their extensive properties, comprising Derrymore, Kilkishcn, Clonroitl. and a portion of Burren, by the perfidy of a person named John Cusack, who, so characteristic of the persecution and treachery of the times, made information, filed bills of discovery. and thereby became possessed of a certain portion of the property. He was interred in the little cemetery of Clunlea, near Kilkishen in the County of Clare, and even after death an incident occurred to mark his career. Tradition has it, that when on his tombstone was inscribed an Irish epitaph expressive of his character, his friends turned the usg; however, on tho inverted side there soon appeared the following caustic lines:— "God is pleased when man doth cease to sin. The devil is pleased when he a soul doth win. Mankind are pleased when e'er a villain dies. Now all are pleased, for here Jack Cusack lies." This being equally disagreeable to their feelings, they took up the flag at night and having broken it to pieces flung them into a lake near the place.
In a postscript, it is said, "to promote one Mr. Smcdly of Cashel, to the vicar-generalship of Cork; this was ye occasion of ye motion for bringing in heads of a bill against Simony, &c, was caused by the Protestant bishop of Cork having broken his promise to the Lord Lieutenant."
Injurious reports had been sent up against Dr. Smyth. Sir Thomas Southwell's friendly offices were sought for; and Thomas Burgh, Esq., brother-inlaw of the bishop, and at the time high in office under the government, assured his lordship how very little attention should he bestowed on cowardly anonymous slanders. Whatever those rumours were, true or false—and we must believe them to be false, if they rested on no other foundation than a letter written by an unknown hand—Dr. Smyth got over the difficulty in which they appear to have temporarily placed him. But though the most unsparing persecution continued to prevail against the Catholics, not only in the city and county of Limerick, but every where else in Ireland, the Orange animus which had distinguished the Bound-heads and Covenanters was creating the greatest excitement, not only in Ireland but in England, where, Dean Swift in his letters from London to Stella, describes the "Yahoos," with the satirical power for which he had become famous.
The trial of Dr. Sacheverell now came on in London, and that remarkable case aroused all the passions of the Anti-Episcopalians. It not only agitated society in London, but it had its effect in Limerick, where General Ingoldsby commanded, and where Major-General Fairfax was second in command. The garrison was composed of two or three regiments; and the officers were in the strongest manner opposed to the bishop and his adherents. The feelings by which they were actuated spread to the soldiery, who in every instance, did what they could to manifest their violent animosity. The Mayor and members of the Corporation were set upon also by these licentious officers and soldiers; and the commander appears to have had no immediate controul over the conduct of men enraged with political and religious excitement, and inflamed, in addition, with strong drink.
To such a pitch did bigotry rise in these times, that on the rumour that the chevalier, son of James II., commonly called the Pretender, but in foreign countries known by the title of James III., had attempted to invade Scotland, but failed in his expectations; the Catholics were turned out of Limerick on the 19th of March, and were kept out for three weeks and three days.1 Such was the tyranny observed after the Treaty of Limerick!
1 Dr. Smith's Papers.
THE ORANGE MILITARY RIOTS IN LIMERICK IN 1710—STATEMENT 01 DE.
SMYTH, THE PROTESTANT BISHOP DEPOSITIONS STATEMENT OF THE
OFFICERS AND THEIR PETITION — SUSPENSION OF THE OFFICERS AND FINAL DISMISSAL OP MAJOR CHAYTOR.
The military riots in Limerick in the autumn of 1710, form a curious episode, not only in the history of the city, but in the history of the kingdom generally. They have been recorded not only in the depositions of witnesses who bore testimony to the outrages, which, for successive days and nights, were perpetrated by a band of drunken Orangemen—licentious officers; but in the humble petition of the officers themselves after they had been convicted, and while the danger of a severe retribution impended. Their names were:—Major Chaytor, Captain Jephson, Captain Plaistow, Lieutenant Mason, Lieutenant Bartlett, Lieutenant Cunningham, Lieutenant Barry, and Ensign Hunter, of Sir John Wittenrong's regiment; and Lieutenant Wright, Lieutenant Shoebridge, Ensigns Kelly and Blount, of Licutenant-General Pidcomb's regiment. It appears by the depositions of witnesses before us that, in the dead of night, on the 11th of September, they made terrible noises in the city, in several places, and more particularly below the Bishop's (Protestant) Palace, where they were heard to drink "confusion, damnation, plague, pestilence, famine, battle, murder, and sudden death to Dr. Sacheverell and his adherents." This, they called, in their own profane manner, "the Litany of Health;" adding also, "confusion to all Archbishops, Bishops, Priests, and Deacons." A representation of the facts was made by the Eecorder to Major-General Fairfax, who was old and feeble, and little better able to cope with the difficulty than, in the first instance, to order one sentinel to be placed at the door of the Bishop's residence.
Dr. Smyth made his statement to the Government in a large, bold hand, plain and quick :3—
On the 12th of September last, about one o'clock in the- morning (as I judge) there came before my house several persons with musical instruments, who sang a song, which (I am informed by those who heard it more distinctly), was a very scandalous one. Afterwards I heard them repeat the words—confusion and damnstion—which, I suppose, was when they drank confusion and damnation to Dr Sacheverel, and all his adherents, and all of his principles, as I was informed they did, by a gentleman, who says, he opened his casement and heard them. They staid before my house a considerable time, and (as the same gentleman informed me, whose depositions are taken before ye mayor and other justices) drank other healths, among which, was the health most prophanely called—the Litany health; wherein, they prayed that plague, pestilence, and famine, &c, might fall on all (and among them, particularly on all Archbishops and Bishops, &c, to the best of his remembrance, and as he verily believes) who should refuse to drink to ye glorious memory of King William. The former of their healths was likewise drunk at one Alderman Higgins's, and neither of them drunk at any other house, as appears by depositions taken as before. The persons concerned in this (as appears upon oath) were Major Cheater, at that time the commanding officer-in-chie"f of ye garrison, Captain Plasto, Lieutenant Mason, Lieutenant Barkly, and Lieutenant Walsh,1 all belonging to Sir John Whittrongne's regiment, and Captain Blunt, of Colonel Rooke's regiment. After this, on ye 21st of this month, about four, as I conceive, in the morning, I and my family were again disturbed by several persons who passed by my house and made a strange unusual noise by singing with feigned voices, and by beating with keys and tongs (as it appears on oath) on frying-pans, brass candlesticks, and such like instruments. Afterwards, on the 24th instant, about the same hour, I was startled out of my sleep (as I was each time before) by a hideous noise, made at the corner of my house, by winding of horns and the hollowing of men, and the cry of a pack of dogs. I lay some considerable time in bed, in hopes they would soon have gone away; but finding they did not, I got out of bed, and opened my window, and stood there for some time, in hopes of discovering who they were (for it was a moonshiny night) but could not. At length the dogs in full cry, to ye number I believe of twenty-three or twenty-four couple or thereabouts, ran by my house, and in some time after returned again, and soon after, in the same manner ran back again, making the same noise. After they had passed by my house the first time, I called to the centinel at my door, and asked him who those men were, and what they were doing; who answered mo, that they were officers who had got a fox, and dragged him along, and sent ye dogs after him. What the persons are who were guilty of the second and third riots, appears by the depositions taken before our Justices of the Peace, I cannot but observe that Major Cheater (with others of that regiment, as I think appears by ye depositions) was always one, and in the second riot was accompanied by Lieutenant Barkly.
• From contemporary MS. depositions, autograph petitions, letters, Thorpe's CatalogW of the Southwell MSS—Sloane MSS. in the British Museum, &c, &c.
• Ex Sloane MSS.—British Museum.
The gentlemen who from the first gave affront on me, having owned their fault, and asked my pardon, I should never have mentioned it to their prejudice, had it not been for the repeated indignities they have put on me since, which, (if continued) will oblige me to remove with my family out of town, till these gentlemen come to a better temper. Beside these abuses which I have mentioned, I and my family have been frequently alarmed and awakened in the dead of night by soldiers, (as they afterwards appeared to be), who feigned themselves to be spirits; some by stripping themselves naked, and others by putting on white garments, and throwing stones at the centinel at my door, and at other times by throwing stones on the slates of my house, which made an unusual noise when they were tumbling down; and one night particularly, the century' was so much affrighted and made such a noise, that I was forced to rise out my bed to encourage him, and to assure him they were no spirits.
All this having been done since ye first abuse that was put on me, and never before having received any such abuses by any officers or soldiers since my first coming to this town, there having been always a good understanding betwixt us, and the officers of all former regiments having been at all times very obliging and courteous to me, which I think myself bound in justice to acknowledge.
1 This name is stated to be Wright in the depositions and petitions, &c.
2 Sic in orig.
For these reasons I cannot but believe that these later outrages were the result of some resentments occasioned by the first abuse; and that the first abuse was occasioned by an opinion they conceived that my principles did not in all thing.agree with their own.
October the 27th, 1710, at Limerick.
We learn moreover from the depositions, that on the 20th of October the riots were renewed, when, some of the officers above named, went through the streets in the night, "beating warming-pans, stew-pans, &c.; and with this uproar and bawdy songs, pretending to serenade the city;" and again they made a set on the bishop, against whom they appear to have had a violent animosity. The Mayor interposed his authority, in order to check these disgraceful proceedings; but, in return, he received gross insult from Major Chaytor, who was the principal actor, and, apparently, the prime mover in all these doings; and about three or four o'clock a.m. on the morning of the 23rd of the same month, he (Chaytor) with others of the above named officers, hunted a fox through the city, with a pack of about thirty dogs and three hunting horns, disturbing, in a particular manner the Bishop, at whose house they began the noise, and continued it until six a.m. The Bishop drew up the above complaint; and Major-General Fairfax, who seems not to have been able to make an energetic movement to suppress these shameful excesses, wrote to Dr. Smyth in the following terms:—»
"Nov. 2, 1710. My Lord,
I was extremely troubled to heare of the greate disorder committed against yr. Ldsp. and the whole garrison of Limerick. The Recorder has given the Lientenant General an account of it, so I need say no more of it. I have ordered another sentinell to be att yr. Lp's. More ; and if I were able I would wait on you myself and see if I could keep better order; but it is a hard matter to do where men are mad and give themselves a liberty to act so contrary, not only to soldiers but to that of Christianity. Yr. Lp. may see by my writing how ill I handle a pen, and may be assured that I am in great truth,
For The Right Revd. Father in God,
Dr. Smyth endorses the letter to the effect that it "concerns some abuses put upon mee by some officers," and that Major-General Fairfax had ordered him "two centinels."
Lieutenant-General Ingoldsby, to whom the Recorder had written, and who is referred to by Major-General J. Fairfax, was one of the Lords Justices of Ireland from 1706 to 1711—the anti-Papal and implacable Lord Wharton was Lord Lieutenant during a portion of the time—the Duke of Ormonde
* This letter is sealed with red wax, and an impression of Fairfax's arms—a lion raror'11'