my eldest son or other heir becomes a proteftant) to fell, mortgage, or otherwise dispose of, or charge it for payment of my debts; or have leave out of my own eftate, to order portions for my other children; or leave a legacy, though never fo fmall, to my poor father or mother, or other poor relations; but during my own life, my estate shall be given to my fon or other heir being a proteftant, though never fo undutiful, profligate, extravagant, or otherwise undeferving; and I that am the purchafing father, fhall become tenant for life only, to my own purchase, inheritance and freehold; which I purchased with my own money: and fuch my fon or other heir, by this act, fhall be at liberty to fell, or otherwise at pleasure to dispose of my estate, the sweat of my brows, before my face; and I that am the purchafer, fhall not have liberty to raise one farthing upon the eftate of my own purchase, either to pay my debts, or portion my daughters, (if any I have) or make provifions for my other male children, though never fo deferving and dutiful: but my eftate, and the iffues and profits of it, shall, before my face, be at the difpofal of another, who cannot poffibly know, how to diftinguish between the dutiful and undutiful, deferving or undeferving. Is not this, gentlemen, (faid he) a hard cafe? I befeech you, gentlemen, to confider, whether you would not think it fo, if the fcale was changed, and the cafe your own, as it is like to be ours, if this bill pafs into a law. "It is natural for the father to love the child, but we all know (fays he), that children are but too apt and subject, without any fuch liberty as this bill gives, to flight and neglect their duty to their parents; and furely fuch an act as this, will not be an instrument of restraint, but rather encourage them more to it. "It is but too common with the fon, 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 eftate from me, without afking my leave, or being liable to account with me for it, or out of his fhare 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 juftice; by which all men ought to be governed? 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 fon, a child, the fruit of my body, whom I have nurft in my bofom, and ten dred dred more dearly than my own life, to become my plunderer, to rob me of my eftate, 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 yet this will be the cafe if this bill pass into a law; which I hope this honourable affembly will not think of, when they shall more seriously confider, and have weighed these matters. "For God's fake, gentlemen, will you confider whether this is according to the golden rule, to do as you would be done unto? And if not, furely you will not, nay you cannot, without 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. "By the 4th claufe of the bill, the popish father is under the penalty of 500l. debarred from being guardian to, or having the tuition or cuftody of his own child or children: but if the child pretends to be a proteftant, though never so young, or incapable of judging of the principles of any religion, it fhall 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 fo great an enemy to the popifh parent; and for want of relations fo qualified, into the hands and tuition of fuch proteftant ftranger, 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, fhall infufe into my child, not only fuch principles of religion, as are wholly inconfiftent 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 fhall not be in my power to remedy, or queftion him for it; and yet I fhall be obliged to pay for fuch education, how pernicious foever. Nay if a legacy or eftate fall to any of my children, being minors, I that am the popish father, fhall not have the liberty to take care of it, but it fhall be put into the hands of a stranger; and though I fee it confounded before my face, it shall not be in my power to help it. Is not this a hard cafe, gentlemen? I am fùre you cannot but allow it to be a very hard cafe. "The 5th claufe, provides that no proteftant or protestants, having any estate real or perfonal, within this kingdom, fhall at any time after the 24th of March 1703, inter-marry 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 proteftants inter-marrying with papifts; which penalties, fee in the 5th claufe of the act itself. "Surely, gentlemen, this is fuch 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 man kind kind to make, without breaking through the laws which our wife ancestors prudently provided for the fecurity of posterity, and which you cannot infringe, without hazarding the undermining the whole legiflature, and incroaching upon the privileges of your neighbouring nations, which it is not reasonable to believe they will allow. "It has indeed been known, that there hath been laws made in England, that have been binding in Ireland: but furely it never was known, that any law made in Ireland, could affect England or any other country. But by this act, a perfon committing matrimony (an ordinance of the Almighty) in England, or any other part beyond the feas (where it is lawful both by the laws of God and man, so to do) if ever they come to live in Ireland, and have an inheritance or title to any interest to the value of 500l. they shall be punished for a fact confonant with the laws of the land where it was committed. But, gentlemen, by your favour, this is what, with fubmiffion, is not in your power to do: For no law that either now is, or that hereafter fhall be in force in this kingdom, fhall be able to take cognizance of any fact committed in another nation: nor can any one nation make laws for any other nation, but what is fubordinate to it, as Ireland is to England; but no other nation is fubordinate to Ireland; and therefore any laws made in Ireland, cannot punish me for any fact committed in any other nation, but more efpecially England, to whom Ireland is fubordinate: And the reason is, every free nation, fuch as all our neighbouring nations are, by the great law of nature, and the univerfal privileges of all nations, have an undoubted right to make, and be ruled and governed by laws of their own making: For that to fubmit to any other, would be to give away their own birth-right, and native freedom; and become fubordinate to their neighbours, as we of this kingdom, since the making of Poyning's act, have been, and are to England. A right which England would never so much as endure to hear of, much less to submit to. "We fee how careful our forefathers have been to provide that no man should be punished in one county (even of the fame nation) for crimes committed in another county; and furely 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 againft, but confiftent with the laws of the nation 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 claufe of this bill, is likewife a manifeft breach of the second of Limerick articles, for by that article, all perfons comprized under thofe articles, were to enjoy, and have the full benefit of all the rights, titles, privileges and immuni ties whatsoever, which they enjoyed, or by the laws of the land then in force, were entituled to enjoy, in the reign of king Charles II. And by the laws then in force, all the papifts of Ireland had the same liberty, that any of their fellow fubjects had, to purchase any manors, lands, tenements, hereditaments, leases of lives, or for years, rents, or any other thing of profit whatsoever: But by this claufe of this bill, every papift or person profeffing the popish religion, after the 24th of March 1703, is made incapable of purchafing any manors, lands, tenements, hereditaments, or any rents, or profits out of the fame; or holding any lease of lives, or any other leafe whatsoever, for any term exceeding thirty-one years; wherein a rent, not less than two-thirds of the improved yearly value, fhall be referved, 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 claufe is yet of much more general confequence, and not only a like breach of thofe articles, but also a manifeft robbing of all the Roman catholics of the kingdom of their birth-right: For by thofe articles, all those therein comprized, were (faid he) pardoned all mifdemeanors whatsoever, of which they had in any manner of way been guilty; and reftored to all the rights, liberties, privileges and immunities whatever, which, by the laws of the land, and cuftoms, conftitutions and native birth-right, they, any, and every of them, were, equally with every other of their fellow-fubjects, intituled 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 fuch their native country affords: And furely 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 father, or any other, to whom he, or they may be heir at law: But if this bill pass into a law, every native of this kingdom, that is and fhall remain a papift, is, ipfo facto, during life, or his or their continuing a papift, deprived of fuch inheritance, devife, gift, remainder, or truft, of any lands, tenements, or hereditaments, of which any protestant now is, or hereafter shall be feized in fee-fimple abfolute, or fee-tail, which by the death of fuch proteftant, or his wife, ought to descend immediately to his fon or fons, or other issue in tail, being such papists, and 18 years of age; or, if under that age, within fix months after coming to that age, fhall not conform to the church of Ireland, as by law established; and every such devife, gift, remainder, or truft, which, according to the laws of the land, and fuch native right, ought to defcend to fuch papift, fhall, during the life of fuch papift (unless he forfake his religion), defcend to the nearest relation that is a protes tant, tant, and his heirs, being and continuing proteftants, as though the faid popish heir and all other popish relations were dead; without being accountable for the fame: Which is nothing lefs than robbing fuch popish heir of fuch his birth-right; for no other reafon, but his being and continuing of that religion, which by the first of Limerick artitles, the Roman catholics of this kingdom were to enjoy, as they did in the reign of king Charles II. and then there was no law in force, that deprived any Roman catholic of this kingdom of any fuch their native birth-right, or any other thing, which, by the laws of the land then in force, any other fellow-fubjects were intituled unto. "The 8th clause of this bill, is to erect in this kingdom a law of gavel-kind, a law in itself so monftrous and strange, that I dare fay, this is the first time it was ever heard of in the world; a law fo pernicious and deftructive to the well-being of families and focieties, that in an age or two, there will hardly be any remembrance of any of the ancient Roman catholic families known in the kingdom; a law which, therefore, may again venture to fay, was never before known or heard of in the universe ! I "There is, indeed, in Kent, a cuftom, called the Cuftom of Gavel-kind; but I never heard of any law for it till now; and that custom is far different from what by this bill is intended to be made a law; for there, and by that custom, the father, or other perfon, dying poffeffed of any eftate of his own acquifition, or not entailed, (let him be of what perfuafion he will) may by will bequeath it at pleasure: Or if he dies without will, the eftate fhall not be divided, if there be any male heir to inherit it; but for want of male heir, then it fhall defcend in Gavel-kind among the daughters, and not otherwise. But by this act, for want of a proteftant heir, enrolled as such within three months after the death of fuch papist, to be divided, fhare and fhare like, among all his fons; for want of fons, among his daughters; for want of fuch, among the collateral kindred of his father; and in want of fuch, among those of his mother; and this is to take place of any grant, fettlement, &c. other than fale, for valuable confideration of money, really, bona fide, paid. And fhall I not call this a strange law? Surely it is a strange law, which, contrary to the laws of all nations, thus confounds all fettlements, how antient foever, or otherwife warrantable by all the laws heretofore in force, in this, or any other kingdom! "The 9th claufe of this act, is another manifest breach of the articles of Limerick, for by the 9th of thofe articles, no oath is to be adminiftered to, nor impofed upon fuch Roman catholics, as fhould fubmit to the government, but the oath of allegiance, appointed by an act of parliament made in England, |