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Penal laws of difcovery and gavel-kind enacted.

IN May 1709, was introduced into the houfe of com

mons, by Mr. Serjeant Caulfield, a bill for explaining and amending an act, intitled an act to prevent the further growth of popery. This bill was paffed and tranfmitted into Great Britain, in due form, on the 20th of June following, and got the royal affent from Thomas Earl of Wharton, lord lieutenant of Ireland, on the 30th of August in the fame

year.

As this fecond act to prevent the further growth of popery did, indeed, complete the mifery of these people, without even the pretence of any recent provocation on their part; it will probably throw light on this dark and iniquitous tranfaction, to give fome sketches of the character of that chief governor, by whofe influence and management, this new calamity was brought upon them, which I fhall now do from the account left us of him and his administration here, by that real and venerable patriot, Dr. Jonathan Swift, who was perfonally acquainted with him.

"Thomas Lord Wharton, by the force of a wonderful conftitution, had paffed, by fome years, his grand climacteric, without any vifible effects of old age, either on his body, or his mind; and in spite of a continual prostitution to thofe vices, which usually wear out both. His behaviour is in all the forms of a young man at five and twenty; whether he walks, or whilstes, or fwears, or talks baudy, or calls names, he acquits himself in each beyond a templar of three years ftanding... He goes conftantly to prayers in the forms of his place, and will talk baudy or blafphemy at the chapel door. He is a prefbyterian in politics, and an atheist in religion; he had imbibed his father's principles of government, and took up no other in its ftead, excepting that circumftance, he is a firm prefbyterian. It

was

was confidently reported, as a conceit of his, that talking upon the subject of Irish bishops, he once faid, with great pleasure, he hoped to make his we a Bp.

"He is perfectly skilled in all the arts Cana at elections, as well as in large baits of picture, or making converts of young men of quality, upon their firft appearance; in which public fervice he contracted fuch large debts, that the miniftry in England were forced, out of mere juftice, to leave Ireland at his mercy, where he had only time to fet himself right; although the graver heads of his party think him too profligate and abandoned, yet they dare not be ashamed of him: for he is very ufeful in parliament, being a ready speaker, and content to employ his gift upon fuch occafions, where those who conceive they have any remains of reputation or modefty, are afhamed to ap

pear.

"He hath funk his fortune by endeavouring to ruin one kingdom; and hath raised it by going far in the ruin of another. His adminiftration of Ireland was looked upon as a fufficient ground to impeach him, at leaft for high crimes and mifdemeanors; yet he has gained by the government of that kingdom, under two years, five and forty thousand pounds, by the most favourable computation, half in the regular way, and half in the prudential."

The most ignominious part of this character was written, and I believe published, about the time of this earl's administration. The dean further adds, "that he has had the honour of much converfation with his lordship, and that he was thoroughly convinced, how indifferent he was to applaufe, and how infenfible of reproach; he is, fays he, without the fenfe of shame or glory, as fome men are without the fenfe of fmelling, and therefore a good name to him is no more than a precious ointment would be to these."

After having exhibited this genuine picture of his excellency and his government of Ireland, as I may fay, from the life, it is but juft, I should recite fome part of those distinguished honours which were paid him by

the

the Irish commons, on his paffing this popery act, by which it will plainly appear, how exact a conformity of fentiment and difpofition there was between his lordfhip and these commons.

"Befides gratefully acknowledging her majesty's most particular care of them, in appointing his excellency their chief governor, and earneftly wishing his long continuance in the government;" they told him, “that they could not, on that occafion, omit mentioning, how acceptable to the whole body of proteftants his excellency's endeavours had been in their favour; to which, next to her majesty's royal goodness, they juftly attributed the return of the bill to amend the act to prevent the further growth of popery, in the manner the fame was tranfmitted, notwithstanding the ftrong efforts made against it by the Irish papifts in Great Britain." With which addrefs and acknowledgment his excellency defired the speaker to tell them, that he was extremely well pleafed and fatisfied."

And, in truth, what governor could be better difpofed or qualified than his excellency, as above described, was, to procure a law, which, under the specious pretence of preventing the growth of popery in Ireland, has, in reality, more effectually prevented the growth and improvement of every thing that is either ufeful or ornamental to that kingdom; that inftead of promoting true religion, and its genuine effects, public and private virtue, has given birth to more hypocrify, and, under that dangerous difguife, to more of every other fpecies of moral evil, and turpitude, than was before known in this, or any other part of the chriftian world; a law,

Of this the legislature itself feemed fenfible when it paffed this act, and many years after. For fuch was its diffidence of converts made by it, even in the year 1725, that they then,

refolved, that no perfon that is, or fhall be converted from the popith religion, ought to be elected or admitted to ferve as a member of this houfe, for the space of feven years next after his converfion; and unless he produces a certificate of having received the facrament, according to the ufage of the church of Ireland as by law established, thrice in every year, during the faid term." 99 Com. Jour. vol. v. f. 290.

a law, by which great rewards are occafionally held forth to that vile and detefted race of men, discoverers and informers, who, being thus legally countenanced and encouraged, plunder indifcriminately parents, brethren, kinfmen and friends, in defpite of all the ties of blood, of affection and confidence; in breach of the divine law, and of all former human laws enacted in this or any other country, for the fecurity of property, fince the creation of the world!

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Reafons affigned for making thofe laws.

TWO plaufible reafons have been commonly affign

ed for the framing and continuing of thefe laws. First, their tendency to bring the papifts of this kingdom to conformity in religion, and loyalty, with their protestant fellow-fubjects; and next, their aptitude to weaken and impoverish fuch of them as prove refractory in thefe refpects, to fuch a degree as to render both them, and their pofterity utterly incapable of giving any future disturbance to this government. But is it not notorious that hypocrify, and difaffection to the established religi on and government, are the natural and conftant effects of fuch forced converfions? And even fuppofing that converts thus made might at length become real protef tants, and loyal fubjects, " is evil to be done that good may arise therefrom," in this one inftance, when both reason, and religion prohibit and condemn it in every other? On the other hand, does not the enacting fuch predatory laws against these people, without their being even accufed of any civil crime, and merely to weaken and impoverish them, fuggeft to the mind fomething like the policy of an highway-man, in putting those he has robbed to death, left if they were fuffered to furvive their loffes, they might chance to difcover and prosecute him for the robbery ?

The

The last of the common objections to the relaxation of these laws, which I fhall confider (and it is the only remaining objection that deserves to be confidered) is, "that the spirit of perfecution is peculiar and effential to the Roman catholic religion; and therefore that its profeffors ought, in good policy, to be always kept under, and in an abfolute incapacity to exert it." But this objection confutes itself. It fuppofes, that men may be justified in actually wronging and perfecuting others, for no other reafon, but merely to prevent these others from ever having the power (however remote and improbable) to injure and perfecute them. The Roman catholics with not for a power to perfecute; they only implore the justice and mercy of the legiflature, to relieve them from perfecution. But how can the spirit of persecution be deemed peculiar to Roman catholics, when it is notorious, that their very accufers, of every denomination, perfecute both them and one another, whenever they have the power and opportunity of doing it? That fuch a fpirit is far from being effential to their religion, however it may have unhappily poffeffed fome of its bigotted members (and what fect, or communion of chriftians, is free from fuch members ?), is manifest from hence, that all their ablest and most respectable divines, and in particular their laft pope, Clement XIV. (who furely must be supposed to have known the effentials of his religion) condemn and renounce it, as unchriftian and inhuman.' "The great misfortune in this cafe," fays that eminently learned and pious prelate," is, that fome people confound religion with her ministers, and make her refponfible for their faults. It never was religion, but false zeal pretending to her, that feized fire and fword, to compel heretics to abjure their errors, and Jews to become Chriftians. And what is more dreadful than to fee good men fall victims to a zeal displeasing in the fight of God, and condemned by the church, as equally hurtful to religion, and the rights of fociety? The example of Jefus Christ,

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