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 houfe; whereby they were difabled from executing any public truft, for the fervice of her majefty, the proteftant religion, or their country; unless, contrary to their confciences, they fhould receive the Lord's fupper, according to the rights and usages 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whose zeal against popery was fo credulously blind at that juncture, that upon a promife given them of having it repealed on the first opportunity, they readily concurred in paffing, together with the claufes against popery, that mortifying one against themselves.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 prómife, 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 firft, they "refolved that, by an act to prevent the further growth of popery, the burgeffes of Belfaft were obliged to subscribe 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 burgessfhip of the faid burgeffes of Belfaft, who had not subscribed the declaration, and received the facrament, pursuant to the faid act, was, by fuch neglect, become Prefbyterian Loyalty, fub finem. 99 10 * become vacant." In short, notwithstanding the most ftrenuous and repeated efforts ever fince made by the diffenters, to have that difqualifying clause repealed, it still remains in full force against them; although its execution has been either artfully evaded, or benignly connived at, fince the acceffion of the prefent royal family to the throne of these kingdoms. CHAP. V. The fame fubject continued. ON the 23d of February, 1703, pursuant to leave given by the commons,' Sir Theobald Butler, Counfellor Malone, and Sir Stephen Rice (the two former in their gowns, as counsel for the petitioners in general, and the last without a gown, as only a petitioner in his private capacity), appeared at the bar of the house of commons. Sir Theobald Butler, the first and principal speaker on this occafion, demonftrated in a long and pathetic speech," that almost every claufe in the act then before them, relating to the Roman catholics of Ireland, was a direct infringement of one or other of the articles of Limerick, which he, at the fame time, held in his hand. "Articles," added he, "folemnly engaged to them, as the public faith of the nation! That all the Irifh, then in arms against the government, had fubmitted thereunto, and furrendered the city of Limerick, and all the other garrifons in their poffeffion; when they were in a condition to have held out, till they might have been relieved by the fuccours then coming out of France; that they had taken 1. Id. ib. 2 Account of the Debates on the Popery Law of 2d. Q. Ann, 2 Ib. * This clause was repealed without any oppofition in the fefGions of 1782. * See Appendix No. XV. taken fuch oaths to the king and queen, as by the said articles they were obliged to take; that their fubmiffion was upon fuch terms, as ought to be then, and at all times, made good to them; and that therefore to break thofe articles, would be the greateft injuftice for any öne people in the whole world to inflict upon another, being contrary to the laws of both God and man. That the cafe of the Gibeonites, 2 Sam. xxi. 1. was a fearful example of the breach of public faith, which, above an hundred years after, brought nothing lefs than a three years famine on the land; and stayed not until the lives of all Saul's family atoned for it. That even among the Heathens, and moft barbarous of na tions, all the world over, the public faith was always held facred and binding, and that furely it would find no lefs regard in that honourable affembly." The fame, and other arguments, againft the paffing of this bill, were fuffered to be pleaded at the bar of the houfe of lords; but were equally difregarded by both houfes. The petitioners were told," that if they were to be deprived of the benefit of the articles of Limerick, it would be their own faults, fince by conforming to the established religion, they would be entitled to these and many other benefits; that therefore they ought not to blame any but themselves; that the paffing of that bill into a law was needful for the fecurity of the kingdom at that juncture; and in fhort, that there was nothing in the articles of Limerick, that fhould hinder them to pass it." This anfwer of the commons needs no commentary; the former part of it evidently exhibits nothing elfe but downright mockery, and a public infult on national faith. And by the latter, befides the notorious falfehood of it, a maxim feems to be adopted, that tends to destroy all truft and confidence among men, viz. that the moft folemn engagements between parties may be violated or fet afide by either of them, upon a feigned or groundless apprehenfion of danger from the 3 Debates, ubi fupra. other, other, by keeping it. I call the apprehenfion of danger, in this cafe, feigned or groundlefs; because I think, I may venture to challenge the ableft and most zealous sticklers for this law, to produce even one inftance of fuch misconduct of the Roman catholics of Ireland, from the year 1691, when the articles of Limerick were figned, to the year 1704, when this first act to prevent the further growth of popery was paffed, as could occafion in the government any apprehenfion of danger or difturbance from them. That no fuch inftance could be then produced, appears from hence, that one of the principal objections to their conduct was," their not having congratulated her majefty queen Anne, by a dutiful addrefs, on her acceffion, to the throne, as her protestant subjects had done;", which, as it may be reasonably accounted for, from their diftreffed, perfecuted, and defponding condition at that juncture, fo, had they actually addreffed her majesty on that occafion, in the most humble and dutiful manner that could be devifed, most probable it is, that their very, accufers would have confidered and reprefented it, as the meer effect of adulation and hypocrify, if not of infolence and prefumption in them. T Thus on the 4th of March, 1704, the royal affent was given to an act, which, befides its being a violation of national faith, has been hitherto productive of every species of private, as well as public, injury; by stripping men of their property, for not parting with their integrity; by fining and imprisoning them, for confcientious diffent from fettled forms of worfhip; or for holding tenets merely spiritual, and totally foreign from 2 "We agree," fays Dean Swift, fpeaking of the catholics, "with our fellow diffenters, that perfecution, merely for confcience fake, is against the genius of the gofpel. And fo likewife, is any law for depriving men of their natural and civil rights which they claim as men. We are alfo ready enough to allow, that the fmallest negative discouragements for uniformity's fake, are fo many perfecutions. Becaufe, it cannot be denied, that the fcratch of a pin is in fome degree a real wound, from any interference with the civil government of the ftate. So that our courts of juftice and equity refembled, in these refpects, the Roman tribunal punishing the primitive chriftians for not difavowing the doctrine of Jefus Chrift, and embracing that of human institution. 4 5 Soon after this act was paffed, the commons entered into fuch wild and intemperate refolutions, concerning the execution of it, and of other penal ftatutes which it revives and confirms, as fhew them to have been as little influenced and directed by the dictates of common fenfe, as they were by thofe of common humanity. On the 17th of March, 1704, "they refolved unanimoufly, that all magiftrates, and other perfons whatsoever, who neglected or omitted to put them in due execution, were betrayers of the liberties of the kingdom." In June, 1705, they "refolved, that the faying or hearing of mafs, by perfons who had not taken the oath of abjuration, tended to advance the intereft of the pretender." And that fuch judges and magiftrates, as wilfully neglected to make diligent enquiry into, and difcover fuch wicked practices, ought to be looked upon as enemies to her majefty's government." And leaft the judges, if not the inferior magiftrates, fhould be fomewhat afhamed of executing this new office of enquiring into, and difcovering thefe wicked s Ib. f. 319. ✦ Com. Jour. vol. iii. f. 289. as much as a stab through the heart. In like manner, an incapacity by law for any man to be made a judge, a colonel, or juftice of peace, merely on point of confcience, is a negative difcouragement, and confequently a real perfecution. For, in this cafe, the author of a pamphlet [Reasons for the repeal of the Sacramental Teft], puts a very pertinent and powerful queftion: That if God be the fole Lord of the confcience, why should the rights of confcience be fubject to human jurifdiction? Now to apply this to the catholics: The belief of tranfubftantiation is a matter purely of religion and confcience, which doth not affect the political interest of society as fuch. Therefore, why should the rights of confcience, whereof GOD is the fole LORD, be fubject to human jurisdiction? And why should God be deprived of this right over a catholic's confcience, any more than over that of any other diffenter." Swift's Works, vol. viii. p. 56. |