sent conjuncture, that they may observe the cessation of arms accordingly.

XXVIII. That for the security of the execution of this present capitulation, and of each article therein contained, the besieged shall give the following hostages And the

general shall give

XXIX. If before this capitulation is fully executed, there happens any change in the government, or command of the army, which is now commanded by general Ginckle; all those that shall be appointed to command the same, shall be obliged to observe and execute what is specified in these articles, or cause it to be executed punctually, and shall not act contrary on any account.

October 19.

Baron DE GINCKLE,

STATE

OF THE

CATHOLICS OF IRELAND,

FROM THE SETTLEMENT UNDER KING WILLIAM

ΤΟ ΤΗΣ

RELAXATION OF THE POPERY LAWS,

IN THE YEAR 1778,

CHAP. I.

Infringement of the articles of Limerick.

AFTER a tedious and melancholy narrative of the state of the Irish catholics at different periods, for the space of more than of one hundred and fifty years, I should have no occasion to relate the following, had their sufferings ended at the surren der of Limerick. Then indeed they might subscribe with others, in proclaiming the change, a glorious revolution! But the conditions they had by that surrender obtained (I may say sealed with their blood), though agreed upon and signed by both parties, in the most solemn manner, and afterwards rati fied and approved by both their majesties, king William and queen Mary, under the great seal of England, were soon after basely infringed contrary to the law of nature, the law of nations, and the public faith.

The infringement of these articles on the part of govern nent commenced very early after they were signed; and it was afterwards repeated, from time to time, in such a manner, as to prepare the minds of the people to receive with less surprize, the total violation of them by acts" to prevent the further growth of popery," which were then in contemplation.

For although by the first military article, "It was agreed, that all persons of what quality soever, that were willing to

leave the kingdom, should have free liberty to go into the country beyond the seas (England and Scotland excepted) with their families;" yet, it is confessed that the lords justices, and general Ginckle, endeavored to render this article of as little force as possible, "for as great numbers of the Irish officers and soldiers had resolved to enter into the service of France, and to carry their families with them, Ginckle would not suffer their wives and children to be shipped off with the men; not doubting but that by detaining the former, he would have pre. vented many of the latter from going into that service. This, I say, was confessedly an infringement of that article."

And in less than two months after the capitulation of Li merick was confirmed by their majesties, "the justices of peace, sheriffs, and other magistrates, presuming on their power in the country, did in an illegal manner, dispossess se veral of their majesties subjects, not only of their goods and chattels, but of their lands and tenements, to the great disturbance of the peace of the kingdom, subversion of the law, and reproach of their majesties government." It appears from a letter of the lords justices of the 19th of November, 1691, "that their lordships had received complaints from all parts of Ireland, of the ill treatment of the Irish, who had submitted, had their majesties protection, or were included in articles; and that they were so extremely terrified with apprehensions of the continuance of that usage, that some thousands of them, who had quitted the Irish army, and went home with a resolution not to go for France, were then come back again, and pressed earnestly to go thither, rather than stay in Ireland, where, contrary to the public faith (add these justices) as well as law and justice, they were robbed of their substance and abused in their persons."

In vain did the government of Ireland pretend to put a stop to this crying injustice and cruelty of the inferior civil officers. The lords justices themselves soon after became equally guilty in these respects. It is confessed,3 " that Capel, lord justice, in 1693, proceeded as far as it was in his power, to infringe the articles of Limerick." In 1695, the same lord Capel being

1 Harris's Life of K. William.

3 Id. ib. f. 350.

2. Id. ib. f. 357.

Mm Duggan's Book God give tim Yought therem to look 12 Duggan

deputy, was held the first Irish parliament in this reign. If the Irish catholics, then expected the performance of their articles, and of their majesties solemn promise, to procure them such further security from parliament in the particular of religion, as might prevent them from any future disturbance on that account," they were indeed miserably disappointed; for instead of performing that promise, his majesty, on the contrary, suffered several such acts and resolutions* to be passed in that parliament, as gave them infinite disturbance, on account of their religion." But these were only preparatory steps to the several acts then in agitation, "to prevent the further growth of popery."

CHAP. II.

Severe laws made against catholics.

AMONG many other severe laws, then enacted, against Irish catholics, his majesty gave the royal assent to that illibe

4 Harris's Life of K. William, f. 350.

⚫ 7 & 9 Wm. 3. sess. 1. c. 26. All popish archbishops, bishops, vicare genėral, deans, jesuits, monks, friars, and all other regular popish clergy, and all papists exercising any ecclesiastical jurisdiction, shall depart this kingdom before the 1st of May, 1698. And if any of them, shall be at any time after the said day within this kingdom, they shall be imprisoned, and remain there without bail till they be transported beyond the seas out of the king's dominions, wherever the king, his heirs or successors, or chief governors of this kingdom shall think fit: And if any so transported, shall return again into this kingdom, then to be guilty of high treason, and to suffer accordingly.

And from the 29th of December, 1697, no popish archbishop, &c. shall come into this kingdom from any parts beyond the seas, on pain of twelve months imprisonment, and then to be transported in manner aforesaid; and if after such transportation, any of them return again into this kingdom, they shall be guilty of high treason, and suffer accordingly.

And any person that shall from the 1st of May, knowingly conceal, or entertain any such popish archbishops, bishops, &c. hereby required to depart out of this kingdom, or that after the said day shall come into this kingdom, shall for the first offence forfeit £20, for the second double the sum, and if he offend the third time, shall forfeit all his lands and tenements of freehold or inheritance, during his life; and also all his goods and chattels ; one moiety to the king, his heirs and successors, and the other

fal act to restrain foreign education, by which it is provided, "that, if any subjects of Ireland should after that session of parliament, go, or send, any child or person, to be educated in any popish university, college or school, or in any private family, or if such child should, by any popish person, be instructed in the popish religion, or if any subjects of Ireland should send money or things towards the maintenance of such child or other person, already sent or to be sent, every such offender, being thereof convicted, should be for ever disabled to sue, or prosecute any action, bill, plaint, or information in law, or equity; to be guardian, administrator, or executor to any person, or to be capable of any legacy or deed of gift, and besides, should forfeit all their estates, both real and personal, during their lives." This law was rigorously executed during that and the succeeding reign.

In the same session, "it was resolved, nemine contradicente, that the excluding of papists from having votes for the electing of members to serve in parliament was necessary to be moiety to the informer (so as it exceed not £100) and the surplusage of what shall remain, to the king.

December 1st. 1697. "Resolved, that part of the act 2d Eliz. chap. 2d. which obliges every person, not having a lawful or reasonable excuse to be absent, to resort every sunday to church, and there abide during the time of common prayer, preaching, and other service of God be there ministered, under pain of forfeiting for every neglect, twelve-pence, ought to be put in execution. Com. Jour. vol. ii. f. 984.-Are not these a direct and immediate violation of the first article of Limerick, and of king William's solemn promise for the free exercise of the catholic religion?

"Whilst this restraint upon foreign and domestic education was part of an horrible and impious system of servitude, the members were well fitted to the body. To render men patient, under a deprivation of all the rights of human nature, every thing which could give them a knowledge or feeling of those rights was rationally forbidden. To render humanity fit to be insulted, it was fit that it should be degraded.-Indeed I have ever thought the prohibition of the means of improving our rational nature, to to be the worst species of tyranny that the insolence and perverseness of mankind ever dared to exercise. This goes to all men, in all situations, to whom education can be denied.-Lett. Eng. Commoner to a Peer of Irel.

P. 13.