"It would be hard from any man, but from a son, a child, the fruit of my body, whom I have nurst in my bosom, and tendred more dearly than my own life, to become my plunderer, to rob me of my estate, 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 case if this bill pass into a law; which I hope this honourable assembly will not think of, when they shall more seriously consider, and have weighed these matters.

"For God's sake, gentlemen, will you consider whether this is according to the golden rule, to do as you would be done unto? And if not, surely 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 clause of the bill, the popish father is under the penalty of 5001. debarred from being guardian to, or having the tuition or custody of his own child or children: but if the child pretends to be a protestant, though never so young, or incapable of judging of the principles of religion, it shall 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 so great an enemy to the popish parent; and for want of relations so qualified, into the hands and tuition of such protestant stranger, 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, shall infuse into my child, not only such principles of religion, as are wholly inconsistent with my liking; but also against the duty which by the laws of God and nature, is due from every child to its parents: And it shall not be in my power to remedy, or question him for it; and yet I shall be obliged to pay for such education, how pernicious soever. Nay if a legacy or estate fall to any of my children, being minors, I that am the popish father, shall not have the liberty to take care of it, but it shall be put into the hands of a stranger; and though I see it confounded before my face, it shall not be in my power to help it. Is not this a hard case, gentlemen? I am sure you cannot but allow it to be a very hard case.

"The 5th clause, provides that no protestant or protestants, having any estate real or personal, within this kingdom, shall at any time after the 24th of March 1708, 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 protestants inter-marrying with papists; which penalties, see in the 5th clause of the act itself.

"Surely, gentlemen, this is such 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 mankind to make, without breaking through the laws which our wise ancestors prudently provided for the security of posterity, and which you cannot infringe, without hazarding the undermining the whole legislature, 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 surely it never was known, that any law made in Ireland, could affect England or any other country. But by this act, a person committing matrimony (an ordinance of the Almighty) in England, or any other part beyond the seas (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 5001, they shall be punished for a fact consonaut with the laws of the land where it was committed. But, gentlemen, by your favour, this is what, with submis sion, is not in your power to do: For no law that either now is, or that hereafter shall be in force in this kingdom, shall 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 subordinate to it, as Ireland is to

England; but no other nation is subordinate to Ireland; and therefore any laws made in Ireland, cannot punish me for any fact committed in any other nation, but more especially England, to whom Ireland is subordinate: And the reason is, every free nation, such as all our neighbouring nations are, by the great law of nature, and the universal privileges of all nations, have an undoubted right to make, and be ruled and governed by the laws of their own making: For that to submit to any other, would be to give away their own birth-right, and native freedom; and become subordinate 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 see how careful our forefathers have been to provide that no man should be punished in one county (even of the same nation) for crimes committed in another county; and surely 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 against, but consistent 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 clause of this bill, is likewise a manifest breach of the second of Limerick articles, for by that article, all persons comprized under those articles, were to enjoy, and have the full benefit of all the rights, titles, privileges and immunities 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 papists of Ireland had the same liberty, that any of their fellow subjects 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 clause of this bill, every papist or person professing the popish religion, after the 24th of March 1703, is made incapable of purchasing any manors, lands, tenement, hereditaments, or any rents, or profits out of the same; or holding any lease of lives, or any other lease whatsoever, for any term exceeding thirtyone years; wherein a rent, not less than two-thirds of the improved yearly value, shall be reserved, 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 clause is yet of much more general consequence, and not only a like breach of those articles, but also a manifest robbing of all the Roman catholics of the kingdom of their birth-right: For by those articles, all those therein comprized, were (said he) pardoned all misdemeanors whatsoever, of which they had in any manner of way been guilty; and restored to all the rights, liberties, privileges and immunities whatever, which, by the laws of the land, and customs, constitutions and native birth-right, they, any, and every of them, were, equally with every other of their fellow-subjects, 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 such their native country affords: And surely 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 shall remain a papist, is, ipso facto, during life, or his or their continuing a papist, deprived of such inheritance, devise, gift, remainder or trust, of any lands, tenements, or hereditaments, of which any protestant now is, or hereafter shall be seized in fee-simple absolute, or fee tail, which by the death of such protestant, or his wife, ought to descend immediately to his son or sons, or other issue in tail, being such papists, and 18 years of age; or, if under that age, within six months after coming to that age, shall not conform to the church of Ireland, as by

law established; and every such devi e, gift, remainder, or trust, which, according to the laws of the land, and such native right, ought to descend to such papist, shall, during the life of such papist (unless he for ake his religion), descend to the nearest relation that is a protestant, and his heirs, being and continuing protestants, as though the said popish heir and all other popish relations were dead; without being accountable for the same: Which is nothing less than robbing such popish heir of such his birth-right; for no other reason, but his being and continuing of that religion, which by the first of Limerick articles, 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 such their native birth-right, or any other thing, which, by the laws of the land then in force, any other fellow-subjects were intituled unto.

"The 8th clause of this bill, is to erect in this kingdom a law of gavelkind, a law in itself so monstrous and strange, that I dare say, this is the first time it was ever heard of in the world; a law so pernicious and destructive to the well-being of families and societies, 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, I may again venture to say, was never before known or heard of in the universe!

"There is, indeed, in Kent, a custom, called the Custom of Gavel-kind; but I never heard of any law for it till now; and that custom is far diffe rent from what by this bill is intended to be made a law; for there, and by that custom, the father or other person, dying possessed of any estate of his own acquisition, or not entailed, (let him be of what persuasion he will) may by will bequeath it at pleasure: Or if he dies without will, the estate shall not be divided, if there be any male heir to inherit it; but for want of male heir, then it shall descend in gavel-kind among the daughters, and not otherwise. But by this act, for want of a protestant heir, enrolled as such within three months after the death of such papist, to be divided, share and share like, among all his sons; for want of sons, among his daughters; for want of such, among the collateral kindred of his father; and in want of such, among those of his mother; and this is to take place of any grant, settlement, &c. other than sale, for valuable consideration of money, really, bona fide, paid. And shall I not call this a strange law? Surely it is a strange law, which, contrary to the laws of all nations, thus confounds all settlements, how antient soever, or otherwise warrantable by all the laws heretofore in force, in this, or any other kingdom

"The 9th clause of this act, is another manifest breach of the articles of Limerick; for by the 9th of those articles, no oath is to be administered to, nor imposed upon such Roman catholics, as should submit to the government, but the oath of allegiance, appointed by an act of parliament made in England, in the first year of the reign of their late majesties KING WILLIAM, and QUEEN MARY, (which is the same with the first of those appointed by the 10th clause of this act :) But by this clause, none shall have the benefit of this act, that shall not conform to the church of Ireland, subscribe the declaration, and take and subscribe the oath of abjuration, appointed by the 9th clause of this act; and therefore this act is a manifest breach of those articles, &c. and a force upon all the Roman catholics therein comprized, either to abjure their religion, or part with their birth-rights; which, by those articles, they were, and are, as fully, and as rightfully entituled unto, as any other subjects whatever.

The 10th, 11th, 12th, 19th, and 14th clauses of this bill, (said he) relate to offices and employments, which the papists of Ireland cannot hope for enjoyment of, otherwise than by grace and favour extraordinary; and therefore, do not so much affect them, as it does the protestant die

senters, who (if this bill pass into a law) are equally with the papists de prived of bearing any office, civil or military, under the government, to which by right of birth, and the laws of the land, they are as indisputably entituled, as any other their protestant brethren: And if what the Irish did in the late disorders of this kingdom, made them rebels, (which the presence of a king, they had before been obliged to own, and swear obedience to, gave them a reasonable colour of concluding it did not,) yet surely the dissenters did not do any thing to make them so; or to deserve worse at the hands of the government, than other protestants; but, on the contrary, it is more than probable, that if they, (I mean the dissen ters) had not put a stop to the career of the Irish army at Enniskillen and London-Derry; the settlement of the Government, both in England and Scotland might not have proved so easy, as it thereby did; for if that army had got to Scotland, (as there was nothing at that time to have hindered them, but the bravery of those people, who were mostly dissenters, and chargeable with no other crimes since; unless their close adhering to, and early appearing for the then government, and the many faithful services they did their country, were erimes) I say (said he) if they had got to Scotland, when they had boats, barks, and all things else ready for their transportation, and a great many friends there in arms waiting only their coming to join them; it is easy to think, what the conse quence would have been to both these kingdoms and these; dissenters then were thought it for command, both civil and military, and were no less instrumental in contributing to the reducing the kingdom, than any other protestants: And to pass a bill now, to deprive them of their birth-rights, (for those their good services,) would surely be a most unkind return, and the worst reward ever granted to a people, so deserving. Whatever the papists may be supposed to have deserved, the dissenters certainly stand as clean in the face of the present goverment, as any other people whatsoever: And if this is all the return they are like to get, it will be but a slender encou ragement, if ever occasion should require, for others to pursue their examples.

"By the 15th, 16th, and 17th clauses of this bill, all papists, after the 24th of March 1703, are prohibited from purchasing any houses or tenements, or coming to dwell in Limerick or Galway, or the suburbs of either, and even such as were under the articles, and by virtue thereof have ever since lived there, from staying there; without giving such security as neither those articles, nor any law heretofore in force, do require; except sea-men, fishermen, and day-labourers, who pay not above forty shillings a year rent; and from voting for the election of members of parliament, unless they take the oath of abjuration; which, to oblige them to, is contrary to the 9th of Limerick articles; which, as aforesaid, says the oath of allegiance, and no other, shall be imposed upon them; and, unless they abjure their religion, takes away their advowsons and right of presentation, contrary to the privilege of right, the laws of nations, and the great charter of Magna Charta which provides, that no man shall be disseized of his birth-right, without committing some crime against the known laws of the land in which he is born, or in inhabits. And if there was no law in force, in the reign of king Charles the Second, against these things (as there certainly was not), and if the Roman catholics of this kingdom have not since forfeited their right to the laws that then were in force; (as for certain they have not) then with humble submission, all the aforesaid clauses and matters contained in this bill, intituled, An act to prevent the further growth of popery, are directly against the plain words and true intent and meaning of the said articles, and a violation of the public faith, and the laws made for their performance; and what I therefore hope (said he) this honourable house will consider accordingly."

Counsellor Malone and sir Stephen Rice made discourses on the same side; the latter, not as a counsel, but as a petitioner, likely to be aggrieved by the passing of the said act: But in the course of the reply to the arguments of those gentlemen, it was objected, that they had not demonstrated how and when (since the making of the articles of Limerick) the papists of Ireland had addressed the queen or government, when all other subjects were so doing, or had otherwise declared their fidelity and obedience te the queen.

It was (among other things) observed, that by a proviso at the latter. end of the second of those articles, none was to have or enjoy the benefit thereof, that should refuse to take the oath of allegiance.

That any right which the papists pretended to be taken from them by the bill, was in their own power to remedy, by conforming; as in prudence, they ought to do; and that they ought not to blame any but themselves. The next day the bill was ordered to be engrossed and sent to the lords.

The petitioners having applied to the lords also, for leave to be heard by their counsel against the bill, the same was granted; and the same coun sel, upon Monday, February 28th, appeared there, and offered such-like arguments as they had made use of in the other house: They told their lordships, that it had been objected by the commons, that the passing that bill would not be a breach of the articles of Limerick, as had been suggested; because, the persons therein comprized were only to be put into the same state they were in the reign of Charles the Second, and because, that in that reign there was no law in force which hindered the passing any other law thought needful for the future safety of the govern ment. That the commons had further sayed, that the passing this bill was needful at present, for the security of the kingdom; and that there was not any thing in the articles of Limerick that prohibited their so doing.

It was admitted, on the part of the petitioners, that the legislative power cannot be confined from altering and making such laws as shall be thought necessary, for securing the quiet and safety of the government ; that in time of war or danger, or when there shall be just reason to sus pect any ill designs to disturb the public peace, no articles or previous obligations, shall tie up the hands of the legislators from providing for its safety, or bind the government from disarming and securing any, who may be reasonably suspected of favouring or corresponding with its enemies, or to be otherwise guilty of ill practices: "Or indeed to enact any other law," said sir Stephen Rice, " that may be absolutely needful for the safety and advantage of the public; such a law cannot be a breach either of these, or any other like articles. But then such laws, ought to be in general, and should not single out, or affect, any one particular part or party of the people, who gave no provocation to any such law, and whose conduct stood hitherto unimpeached, ever since the ratification of the aforesaid articles of Limerick.-To make any law that shall single any particular part of the people out from the rest, and take from them what by right of birth, and all the preceding laws of the land had been confirmed to, and intailed upon them, will be an apparent violation of the original institution of all right, and an ill president to any that hereafter might dislike either the present or any other settlement, which should be in their power to alter; the consequence of which is hard to imagine."

The Lord Chancellor having summed up all that had been offered at the bar, the house proceeded thereupon; the bill was read through; and, to the great mortification of that unhappy party, was passed; and upon the 4th of March obtained the royal assent.