speciAL coLLeci:iONS
DouqLas LibRARy
quecN's uNiveRSiiy
AT kiNQSirON
kiNQSTON ONTARiO CANADA
A
SKETCH
O F T H E
HISTORY
O F
Two Acts of the Irish Parliament, to pre-^
VENT THE further GROWTH OF POPERY,
TO WHICH IS ADDED
THE CIVIL AND MILITARY ARTICLES OF LIMERICK.
SKETCH
OF THE
HISTORY
O F
Two Acts of the Irish Parliament, of
THE 2d AND 8th OF QuEEN AnNE, TO PREVENT THE FURTHER GROWTH OF POPERY :
I N A
LETTER
T O A
MEMBER
OF THE HOUSE OF COMMONS in IRELAND.
TO WHICH ARE ADDED,
THE CIVIL AND MILITARY ARTICLES OF LIMERICK.
— . iJific ilU Lacryma !
LONDON:
PRINTED,^ FOR J. MURRAY No. ^z. FLEET-STREET. M DCC LXXVIII.
/ICiii.n^^-^^'^
L E T T £ il
MEMBER Of -THE HOUSE of pQMMONS
IN IRELAND^; ..■ „^
S 1 R,
IN our late conference on the Popery La wg,* particularly on. thole of , the ad and 8th of Qneen Anne, lo prevent the further growth of Popery in Ireland, you feemed difpleafed, that I did not fubfcribe to your .opinion, " That thefe laws were not only " juftand equitable in thcmfelves, but alfo; ** fo neceffary a barrier to the proteftant ** religion, that were they to be relaxed ** or weakened in the fmalleil degree, Po-
B pery
[ (> ]
** thou fahd pounds {hould be offered fop ** apprehcndin im, in cafe he landed in *•* anv part u> Ireland."
Butihcfefecms to be fortieth ingburlefque^ iri'bjiaKina:'th^ reforination into the above
addreis
tempt. In their atldrefs to the king that year, there arc tlie Wlowiiip rcmaf kable words J M It j« with the Ut mo ft *' coiiceiu we find, tliar this country has been fo uufort^t' *^ ii.it-- '{js to gtv' t'irfh /o Javj's Builffy Kite duke of Or- '^J'tiiAndv a- perfoii who in defpite of his allegiance, and ^^^i^l-^h\'\^\Xipyi^<fi\rfpeatcd caiii, has been one of th^ *' chuf u:;tkors and fo(rc;.tors of the wicked, and unnitu- " lal rebellion now boguii in Great Britain." Cum. Jour. viif.'lV f. 21.
, *'* IheCitholics of Ireland,'; fays a late inpenious write^r on this otcalipi^, .'".were left to the mercilefs zeal of ihp *«'dukc of t)rmond, who, regarUefi of public fait}!, ** eint> the arfidTS of the capitulatfon ofLimericIt, formed> *5 and hid cus<5tcd a body of penal Ikatutes — through which «* there ruiis fuch a vein of ingenious cruelty, that they ftCin *' to he diflati d hy loire prartor of DioclcHan or Spanifh in- ''^qniHtor, r:ither t'lan by a Britifh noblemnn — The duke '*' thought, perhnp*, to tttone for immoralities, hy fcn- *i,^ailhig ruifcry on a conhderable part of the ItiTh • na- *• natioii. lo iis t.sj'Qdilipn on the coaft of Spain, his fol- *' dicrs c unmittcd many outnpes, ,in<i profamtions nf whit ** was thought (acred by the inhahil.ints— Yet, after the *• hiU of atyiaindtj had pafl'ed againft him, he fled for pfo- ••^tetflion t'^ that (olsntry, where he had connived at the *' Cirr'Oc'Moni evtelfo.^ of his army ; ard nfter^va^ds retired ''to AiiiP'^n,' Ji terr.tory heloKgir.g to the fujt pn'htte of *• ihut ch .rch, "which he had treated with fo much crutltjj'*- Confidci. on tlic Ptnal Laws ag-.inft R. Cathclicj.
[ 7 ]
gddrers of thanks to his Grace, for having obtained a penal law againft the exercifc of t^e p':pirh religion. Ail the world knows ^hat thereformaiion took its rife from free- dom of enquiry, and tlie right of private judgment: and that the pfrJiahics inflidled by the church of llotric, on all who differ from her in doctrine, or difcipline, was cne of the principal motives of pur quit- ting her communion; and Hiall we pre- tend to propagate, or fupport the reformed religion, by means that are inconfiOent with thofe, which confefTedly gave birih to the reformation itfeif? Is it right in us to infli(ft pains and pcnahics en papifts, for difference of opinion in religious mat- ters, while we upbraid and condemn them, for haying formerly inflicted them upon us, on the fame account ? muif we give up a fundamental principle of the protef- tant religion, and adopt a popifli one, for the defence and propagation of the protec- tant religion ? and y^rt, Sir, fuch glaring abfurdity and contradiclicn will neceffarily follow from our enadting, or executing pe- nal laws, againfh the exercifeof the popidi
relirjion.
But
[ 8 ]
But to come to the particular laws in -qiieflion, fo far am I from thinking them juft, or equitable in any refped:, that I fhall endeavour to demonftrate to you, firfl:, that they were confcioufly framed in violation of the public faith, and againft natural right ; and fecondly, that inftcad of bringing honour, of fupport, to our efta- blidied religion, they have a manifeft ten- dency to weaken, and difgrace it, by dif- folving entirely thofe moral, and religi- ous, tits, which chriftians of all denomina- tioiis have hitherto believed to be indif- penfably binding on the confciences of men.*
For this purpofe, give me leave. Sir, to remind you, that by the firft of the Civil Articles of Limerick (which, upon the furrender of that city, were freely, and folemnly entered into, in the year 1691,
with
* That great and eminent lawyer, lord Camden, not long fince, took occafion, in the Houfe cf Lords, to declare pjMickly, that tht/e I<iws " were a heap of monftrous ab- *» furditics and vikj oppreffion ; fubverfive of the moral *' duties betvvetn man and man ; and a prqfanaliop of '• whatever is held mult Lcii-d in jellgion."
[ 9 ]
with general Ginckle, commander in chief of their majefties K. William and Q^Mary's forces in Ireland, in conjun<5tion with the then lords juflices; and afterwards con- firmed by the *King and Queen) ** It *^* was;ilipulated, and agreed, that the Ro^ ** ma?j Catbolicks of that kingdom Hiould enjoy ** fuch privileges in the exercife of their re- *: Jigjon, as were conuftent with the laws of \^\\. (then in being) or as they did enjoy ii> ".the reign of f King Charles W. and that ** -their iVI jefties, as foon as their affairs ?;V would permit them to fummon a parlia- **, (Ii?nt there, would endeavour to procure *' the fald Roman catholicks {\xc\\ J^irtberJe~ *^ curity in that particular, as might preferve
** them
«
In their Majefties conSrmat^on of thefe articles are the foUowing words: '* And dS to Inch parts t'.ereof, for which •* an a<5^ of farliament fliall be found to be neccfl-iry, we *' ftiall recommend fhe lame to be tnadc good by parliamsnt^ '* and (hail give our royal aflent to any bill or bills, that ** fliall be palTed by our two hoiiIes of paiJi;ment for th.t6 *' puipoie.''
f In the regn of Charles K. by the laws then in force all *' the papifts of Ireland hid the fame libe'-ty, that any of *' their fell low- fubje^fls had, to purcl.afe any manors, lands, *' tenemets, hereditaments, lenfc-s of lives, or for years, OT *' any other thing of profit vvhatfoever."
I JO 1
" them from any dijliirbance on account of " their religion." And by the eleventh of the fame articles, *' the lords jufticesj anH ** general Ginckle did undertake to ufe ** their utmofl: endeavours, that thefe arti-\ *' cles (hould be ratified, and confirmed in* " parliament."
This furrender. Sir, of Limerick, and the other grirrifons pofTefTed by the Irifli for King Jamesj? happened at a moil fa- vourable conjunt^ture for King William';' who was then ensjaj^ed in a war v^^itH France : * a fleet, fent by Lewis XIV! to the relief of Limerick, having arrived in Dingle-bay a day or two after the arti- cles were figned; which, had it got fafe up to the town a day or two before, would have protrad:ed the Iridi war, to the great dif- appointment, and obflrudtion of K. Willi- am's foreign defigns. (f) *' This fleet con- fined,
* Harris's life of K. William, f. 3J3., " But a few dayS " before the furrender of the town, they were encouraged •' by new intelligence of twenty fliips of war fpeedily to arrive *' (from France) under the command of Monfieur Chateau " Renanlt." Leland Hift. of Ircld. vol. 3d. p. 6lo»
(/) Harris' life of K. William.
[ II ]
•» {ifted, as appears by the minutes of a letter *' from the lords jullices to the king, ofeigh- ** teen lliips of war, fix fire-fhips, andtwen- ** ty great veflels of burthen 5 "and brought *' on board between 8 and 10,000 arms, 200 *' officers, and 3000 men." I mention thefe particulars, to {hew you, of how great im- portance this capitulation was, at that jun(fture> to thofe who afterwards thought it neceiTary, for the advancement of the proteftant religion, to make a public, and permanent breach, by a lavv> in the firft principal article of it.
- ■(' •
But the infringement of thefe articles,
©n the part of government, commenced very early after they were figned ^ and It was afterwards repeated, from tirrie to time, in fuch a manner, as prepared the minds of the people to receive with lefs furprize, the total violation of them by the adts to prevent the further growth of popery, which wer3 even then in con- templation.
For although by the firft military arti- cle, " it was agreed, that all perfons, of '' what quality foever, that were willing
C <' io
[ 12 ]
** to leave the kingdotn, (hould have ffec " liberty to go into any country beyond the *' feas (England and Scotland excepted) ** ivif& their families ;" yet, it is confefled that the lords juflices, and general Ginckle, endeavoured to render this arti* cle of as little force as poffible, "for, as •' great numbers of the Irifli officers and ** foldiers had refolved to enter into the. ** fervice of France, and to carry their fa- ** milies with them, Ginckle would not " fufFer their wives and children to be ** Hiipped off with the men; not doubting *' but that by detaining the former, he ** would have prevented many of the lat- *' terfrom going into thatfervice/' (^) This I fay, was, confefledly, an infradion of that article.
It appears by a letter of the lords juftices 6f the 19th of November 1691, not quite two months after the figning of the arti- cles, ** that their lordlhips had received *' complaints from all parts of Ireland , of
** the
(^) Harris' life of K. William,
[ 13 ]
^^ the *ill treatment of the Irifh who had *' fubmitted, had their majelties proted:ion, "or were included in articles ^ and that they were fo extremely terrified with ap- ** prehenfions of the cojitinuance of that ** ufage, thaty3;//^ thoufands of them, who *' had quitted the Irifh army, and went ** home, with a refolution not to go for ** France, were then come back again and ** preft earneftly to go thither, rather than ** ftay in Ireland, where, contrary to the *^ public k faith y (add thefe jullices) ^j- well ** as law, and jujiice, they were robbed of ** their fuhjlance^ and abifed i?z their per- ''fonsr
The following curious anecdote concern- ing thefe articles will probably throw fome
light
• About this time, " thejuftices of peace, fherifTs, and o- ** ther raagiftrates, piefuming on their power in the country, " had, by colour of their authority, in an illegal and arbi- " trary manner, difpoirefled feveral of their majefty's fubjeds ** tiot only of thiir goads and chatties, but of their lands '* and tenements, to tbe great difturbance of the peace of " the kingdom, fubverfion of the law. and reproach of their *< majefty's government. The lords juftices, therefore, com- ''* manded fuch practices to beforborn. Harris. lb. f, 357*
[ 14 J
light on the caufe of this early infringe- ment of them. King V/illiam, as I have before obferved, was at this time engaged in a war wich France; but, '\h} " while his *' troops were divided, by means of the *' Iriih war, he could not proceed, with ** the defired fuccefs, in Flanders; and ** therefore, to put a fpeedy end to that " war, he fent in{lru<5tions to the lords *' jadices to iffue a declaration, affiiriug " the Irifh of much more favourable conditt- ^* ons, t'nan they afterwards obtained by *' the articles of Limerick, the juftices *' formed thefe inftrudions into a procla- ** mation, afterwards flyled l\it fecret pro^ " clamathny becaufe though printed, it ** was never publifhed, for their lordfliips ** finding Limerick reduced to the condi- *' tion of capitulating, fmotbered the pro- *' clamation ; and hallened to the camp, *' that they might hold the Irifli to as hard *' terms, as the king's affairs would per- " mit. This they efF>;(fted, and although ** (adds my fij author) they deferved the ^* thankful ackaowledgnients of every pro^
^' teifant
(h) Id. ib. f. 372. (0 lb. ib.
[ 15 3
tit
teftant in the kingdom; yet a party foon *-' fprung up that inveighed loudly againfl ** the articles. The defigning men of this ^^ party quarreled with them, only becaufe
their expedlations were difappointed of ** raifing l^^p^^ fortunes out of the forfei- ^* tures; but they eafily drew a majority of " the protejiaJits to their fide. They thought ** the Iriih entitled to no articles, but what " would expofe them to the feverefl events '' of war. They cenfured the lords juf- ** tices, and the general, as if the king /* and kingdom were betrayed, injljling that " the articles ought not to be obferved. This ** party-war was loon declared from the *' pulpit, fkj Dodor Dopping, bifliop of " Meath, preaching before the jullices in *' Chriil -church, the funday after they
had returned from the camp, argued, '* that the peace ought not to be obfrrved ■* with a people fo * perfidious. To obvi- ate
{k) Id. ib.
* This ill opinion of Irifh papifts was, probably, taken from thofe fcandaious libels (then induftrioufly publilhed and propagated) on the principles, and adions of fuch of thefe people as had been concerned in any of the different
inlurredions
it
[ i6 I
*^ at6 this notion, Doflor Moreton, bidiop '' of Kildare, the following funday, (licw^ *' ed the obligation oi keeping the public faith, " This matter becaino lb much the fubjed: " of diftourfe, that it was necefTary to fet- ** tie people's opinions on the controverted
** points ;
Jnfurreflions anterior to, or coincident with, the late revo- lution ; and all the penal laws, fince enaded againft: the CKcrcife of their religion, and the fecinity of their property, feem to have proceeded from the lame caufe ; but, befidcs that the liilh papifts of this day, are not, ceitainly, ac- countable for the principle?, or adlions, of tlieir predtcef- ibrs ; tliat the experience of almoft a century has proved them to be good fubjedts : and that thofe libels, in which they are traduced, h^ye been clearly ftjewn tq contain nothing pile, but grols mifreprefentations, or niirconftrm5lioqs, of fads, the mean but natural, efFei3:s of party zeal and ma- levolence (fee Hiftoric. and Critic. Review of the civil wan of Ireland) yet foine of the molt grievous of thefc penal laws are ftill, daily enforced againft them. Whereas it it ConfelTcd, that both the principles, and a<51ions of thofe pro- teftants, who call themfelves anabaptills, were, originally, rebellious, fanguinary, and utterly fubverfive of all order, and focicty (ftse Dr. Robprtfan's life of Charles V. p 1148, &:c.) yet, on account of their prelent peiceable behaviour, and difpoiitions, they arc juftly indulged in the full protec- tion of the laws of their country, with relpeJt to both their civil, and religious rights ; and can it be conlonant to either the wifdom, or equity, of government, to treat fo very dii- fcrently, two clades of dutiful fuhjedls, for no other rcafon, but becaufe one of them is ciUed po^tjh^ and the other pro- tcilant.
[ »7 ]
" points; and to that end. Dean Singe, " preached in the fame church, keep peace' ** with^ali men, if it be pojjible ; and mo- ** derated fo *judicioally, that no more *' was heard of the difpute from the pul- ** pit ; but in parliament and council , the "difference fubfifted, until the Englifll ** a<ft of refumption quieted the difputants, '* who then idiw they loft nothing by ths '* articles."
Thus, Sir, you fee, not only of what importance this furrender oi Limerick, and the other garrifons, was to King "William, at that period ; but alfo, what dodrine was preached from the pulpit, and what opinions were maintained in the council, and p'arliam.ent, with reipeO to the obliga- tion of public faith, when engaged to
Roman
* '' By afTerting" (fays my author) " that the pt^pijls " "^tuere not to be iruOed, but tliat the artic'es were to be performed." lb. A ftrange way of moderating this! one of the contrafling parties is not to be trufled, and yet the o- ther is obliged to perform. If prejudice had not blinded tr.e Preacher, he would have feen that fuch obligations are al- ways mutual., and ecjuiHy binding on both parties, or not binding on either.
[ ^B }
Roman Catholics. And that the majority of Proteftants, in the eniuing Councils, and ParHaments, adhered to Bilhop Dopplng's perfidious do6trine, '' that the articles of the ** Peace o'Jght not to be obferved with them," will evidently appear from the conftanS tenour of their fubfequent proceedings a- gainft thefe people ; a brief fpecimen of which I am now going to lay before you. '
It is confefsed, that fo early as'/// "the ** year 1693, Lord Capd, one of the Lc^ds ** Jufticcs, proceeded as far as it was in his " power, to Infringe the articles of Lime- ** rick." In 1695, the fame Lord Capel, be- ing Deputy, was held the fecond Selli jn of the firil: Iridi Parliament, in this Reign, If the Roman Catholics of Ireland expect- ed, at this Jun(fture, the performance of the King's folemn promife, to procure them fuch further fecurity from Parliament, as fhould preferve them from any future dif- turbance, on account of their Religion (and furely their right to expedl: it was unquef- tionable) they were, indeed miferably dif-
appointed.
( /} Hanis lb. f. 350.
[ '9 ] -
appclhted. For, inftead of performing that promife, his Majeiiy, on the contrary, fuf- Fered fuch a6ls and * Refolatioris t'o be pafl- ed in that Parliament, as gave them infinite Diilurbance, on account of their ReHgion. But thefe ( 7n ) ** were only preparatory fteps to the feveral adls, then in agitation^ to prroent the further growth of Popery, " A-
D mong
- ( VI ) Id. lb.
* December lil, 1697. *' RefolveJ, that part of the A(fl '' 2d Eliz. Chap. 2d. which obliges every perfon, not having '^ a lawful or reafonable excuCe to be abfent, to refort a- very Sunday to Church, and there abide during the time of common prayer, preaching, and other fervice of God be there niiiiiftered, under pain of forfliiting for every negledl, twelve- pence, ought to be put in execution." Comm. Jour, vol. 2d. f. 984. An additional, and nnich mbre grevious, pe- nalty, which delinquents incurred by this Act were the cen» fures of the Church. *' .And for the execution thereof (fays the adl itfelf) the (>ueen's moft excellent Majefty, and the Lords Temporal, and the Commons in the prefent Parliament afTembled, d.o in God's narrie, earneftly, require all Archbi- fhops, Biflidps, and other ordinaries, that they fliall endeavou f.hemfelves to the utmoft of their knowledge, that the due and true execution thereof may be had throughout their Diocefes, and charges, as they vviU anfvver before God for fucii evils, and plagues, wherewith almigh'y God may jiiftly p'-mith his peo- Jsle for neglefting this ^^';:i and a/fj/if/*;//.' Law. See Com. Jour. vol. 2d' f 9S3.
[ 20 i
thbng many other fevere Laws, then enabl- ed flgainft CatiioUcs, on account of their Religion, his Majefty gave his Royal aflent to that illiheral a(5l to reftrain foreign Edu- cation, by which it was provided, that, " if any fubjedls of Ireland fhould after that Seilion of Parliament, go, or fend, any child, or perfon, to be educated in any Po- pifh Univer(ity, College or School ; or m any private family i or if fuch Child fhould, by any Popij'h perfon ^ be infirudted in the po- pish Religion j or, if any fubj^ds of Ireland ihould fend money, or other things, towards the maintenance of fuch child, or other per- fon, already fent, or to be fent -, every fuch blender, being thereof convicted, fhould h^ for ever difabled to fue, or profecute, 'any Adion, Bill, Plaint, or Information, in law, or equity : be incipable of receiving any legacy, or deed of gift ; or being Guar- dian, Admin iflrator, or Executor, to any perfon. And befides, that they fliouldy>- fiit all their EJiatest both Real and Perfonal during their Lives. " *
Now
* 1 have not been able, fays Mr. Langrifhe, in my refearches ixjto Holy v.'rit, to meet with that particular pafTigc of the
fcripturesj
[ 21 ]
Now, Sir, when you confider, not only the general feverity of this adl, but alfo,
that
fcriptures, which gives us an authority to propagate the faith, by a pervcrfion of morals, nor ftiall I prefume to determine how far it was ever judifiable, for the fake of ceremo- nial uniformity, " to build a Code of Religious laws, upon " the ruin of every moral virtue, and obligation ; to iport <' w ith the moft facred feelings ; to violate the fondefl pre- <' pofTiirions of the human mind ; to feduce even filial duty ; <' to tempt the fon to become an Intereded and bafe inform- " er againfl the pistj of his fither ; and to break the bonds " of all family affection and fidelity." Speech in the Houfe of Commons 1772, in a debate for enabling Papifts to take building Leafes.
The chief, if not only objeflion to the repeal of thefe Popery Laws,, is that it would give the Papilts power and in- ^uence. '' But funpofe, faysthe lame'Mr. Langrifhe, fome '' real and fubftantial influence were to follow from thence ; *' let it be obferveij, that the fame caute which produces this '• influence, does provide ag linft the ill effeifti of it, for what f* danger can refult from conferring a degree of power oa *' any man, if in the very fame aft, and very fame propor- *' tion, you involve his interefls, and afFeftions in the public ** prefervation — Let the Koman Catholics, while they live *.' in this country (Ireland) which is the Country of their ** Anccftors, have the ordinary incitements to Induftry, and i' give them a juft and permanent fecurity in their property, ** which will be the fruit of their induftry ; and if after all ** our care, the jealous precautions of the Legiflature fhouid *' fo far fail, as that any lujiueuce fhould follow in confe- ** quence of fuciv fecurity, it is an influence, 'v)\\\<^\, for their *♦ O'cjn fikiSj they will employ in the prefervation of a
" Country,
[ 22 }
that the words ** in ^?A/y private family ; or *•* by ^;/y popiih perlbn," contained in i^, jnay be conflrued to imply, that even Ro- man Catholic parents rcTiding for a time in a popifh country, and inftrudting their chil- dren there, in the principles of their reli- gion, are liable, upon their return, to the penalties of it, you mull: certainly confefs, that, if they fuiTered no difiurbance from the bare apprehenfion, to iiy nothing of the execution, of this adt (which, in that, and the fucceeding reign, was frequent, and fi:ri(5t) they were, for patience, and relignation, fome of the bed, and moil exemplary chriilians, then in the known world.
It
*• Country, vvhicl) tliey T^-ill then be taught to conliJer <?; *' their ewn " — for, '' we may reft afTurcd from our know- *■* ledge of human nature, from the experience of every na- *' tion in the world, that the ejj'cv.tial Interejh, not tli« « Speculative opinions, of men, will be their ultimate con- <' cern ; and tn.it the wifhes, and affcdioiiS, the hearts »' and the word of every man, will he direded to the dei <' fence of that country, which aifords him jufuce, traji*^ *•' quility, and prote<^tiou. "
[ n ]
It is really fliameful to fee, what mean, * malicious, and frivolous complaints againll papifts, were received, under the notion of grievances, by that parliament, [n) " A " petition of one Edward Sprag, and >' others, in behalf of themfelves and other ^■^ proteftant porters, in and about the city 5* of Dublin, complaining that one Dar- f* by Ryan, a papijf, who dealt in coals, f* employed porters of his ow?i perfuajlon, *' having been received and read, it was '' ordered to be referred to the examinatio7iy ^' and conjideration of the Co?nmtttee of " Grievances, and that they fliould report *' their opinion therein to the iioufe." It is obfervable, that the complaint of the petition was not, that thefe proteftant coal porters were not employed by Ryan, but that the popifh coal-porters were.
And yet, Sir, the very fame commons, that fhewed fuch remarkable deference to
this
* November 12th 1696. " Relblved nem. con. that not ** papKl be protefled by any member of this lioule, as his \\ menial feryant." Com. Jour. vol. 2d. f. 82S. {'i) Com. Journal vol. zd. f. 6^^.
[ 24 ]
this tnil!n^ pelition of the proteftant coal- porters of Dublin, refufed to do common juflice, in a matter of the lad confequence, to that of leveral of the moll refpedable ^<oir.an Catholic gentry of Ireland. For, upon a bill's being brought into the houfe, very improperly entitled *' an ad for the ** confirmation of the articles of Lime- *' rick,"(d?,) a petition of Robert Cufack, gentleman. Captain Francis Seagrave, and Captain Maurice Eudace, in behalf of themfelves, and pthers comprized under the articles of Limerick, fctting forth, tiiat in the faid bill there were feveral claufes, that would frujlrate feveral parts of the fiid articles, and deprive t;he peti- tioners of the benefit of the fame -, and, if p/ified, would turn to the ruin of fome,, and prejudice of all perfons, entitled to the benefit of faid articles -, and praying to be heard by council to the faid matters, living been prefented and read, it was ««- aii'impujly refolved, that faid petition fhould he rejedleiL *
In
(o) lb. f. 932. * AUhougli'tlje 6tli military article of Limeikk exprcfsly
provides.
[, =5 1
In the fame feffion, {p) " it was re- folved, nemine contradicentey that the ex- cluding of papifts from havmg votes for the electing of members to ferve in parlia- ment was necelTary to be made into a * Law," nothing, certainly, but fuch a law was wanting, to complete the flavery of thefe people, beyond all poffibility of redemption. And yet thefe, and feveral other proceedings of the like enilaving tendency, were permitted and counte- nanced by a prince, the boafted reftorer of liberty to thefe kingdoms, whofe public faith, and honour, were folemnly engaged, to preferve their former priviledges entire, and to endeavour to obtain, from Parlia- ment,
(/)) ib. f. 978.
provides, ^' that no perfon whatfoever (hall be molefted for '* any wade, or trefpaft, by him committed during the Life *' war ;" yet on pretence that the bridge of Lanefborough was broken down by the papifts under K. James, in that war, a " Bill was ordered into the Houfe of Commons, *' October 1703, for charging the eftates of papifi?, re'}or~ " ed by the articles of Limsrickf with the expence of re- «* building it." Com. Jour. vol. 3d. f. 87.
* Yet afterwards in the felTlon of 1709, in a debate on« difputed eledtion, fome members infifted, that papiits had » right to vote in foch cafes. See Com. Jour. vol. 3d. f 6k'),
i 26 i
rri^ntj further Security for them, irl the article of religion, which was what alone rendered them obnoxious to government.
I know you will tell me, in vindicitiorl of your admired hero King William, that no general good has been ever wrought, without the cdn-comitance of fome evil, done to particulars ; that in politics, as irt war, deceit may be fometims lawful : that as K. William's fole dcfign in coming int6 thefe kingdoms was to refcue us out of the jaws of thofe two formidable monfters, popery and flavery, then ready to devour Us (which he has effeclually done) grati- tude for our deliverance ought to make us overlook, and forget, whatever might ap- pear to the eye of bigotry, not ftridtly juf- tifiable, in the execution of it. To which I anfwer, not only that it is not clear, that that Prince's Jbk defign in coming into thefe kingdoms, was to refcue us from the two formidable monflers you mention; but alfo that it is highly probable, after he had fully attained his principal end in coming, that he privately engaged to ex-
pof&
[ 27 ]
pofe us to that fuppofed danger, by pro- mifine to re-eilabliOi the abdicated family on the throne of Great Britain, after his own deceafe. Of the grounds of this pro- bability you will be able to judge, by the following fecret tranfaclion, which has been but lately brought to light.
(a) " In the treaty of peace at Rv/kmc^, *' as Kins: William trufted not his three ** plenipotentiaries with his agreement with '* France, mankind juftiy concluded, that ** a fecret of the lafl importance had been ** for fome time depending between the " two kings; time has at length unravel- *' led t/je myfiery. Lewis, unwilling to de- *' fert James, propofed, that the Prince of " Wales, the Pretender, fhould fucceed to ** the crown of England, after the death cf *' William, The King, with little hefitatiouy ** agreed to the requeil: h^even folemnly tn- ** gaged to procure the repeal of the Aci of ^^ feitlement : and to declare by another ad't, " the Prince of Wales his ficcejar to the- *' throne : thofe (adds my author) who E *' afcribe
(<?) MacpheiTon's Hi.1.ory of England,
[ 28 ]
" afcribe all the actions of William to pii- ** blic fpirit, will find fome difficulty in ** reconciling this tranfacftion to their ele- " vated opinion of his charadler. In this *' one concclTion to France, he yielded up " all his profc:ilions to England; and by an *' ad: of inciifcretion, or through indiffe- ** rence, deferted the principles to which *^ he owed the throne."
It would be irkfome to recite the many"^ other inflances of the breach of thefe arti- cles, which we find recorded in the Jour- nals of that parliament. I (hall therefore, only mention one remarkable paffage, which immediately preceded the palling of this
"juft,
* Though by the 9th civil article of Lirr.erick, the oath to be tendered to Roman Catholics, to entitle them to all the privileges, and benefits of fhcle articles, was the oath of fitielity or allegiaticii to their M^jcdies, and ne other ; yet it was '' rcl'alved, nem. con. in November 1697, that ** ioxne further oatii, than what was required by /aw, re- " Bouncing the Papal authority in this kingdom, is necef- '* fary for the peace, and quiet thereof." Com. Jour. vol. Ill f, 979, and indeed, what a variety of other captious oaths has been fir.ce devifed, to enGiare and corrupt the con- fciences of I'apifts, for the only piirpcfe of propagating aiu! inaintaininti a religion, which h faid to owe its very being $0 tlie freedoir^ ar.d integrity of ccnfcience !
[ 29 ]
'* juft, and equitable" law, (as you arp pleafed to call it) to prevent the further growth of Popery.
The Roman Catholic citizens of Lime- rick thought themfelves particularly * fe- cured by their articles from any future mo- leilation, on account of their religion, but, befides what they had already fuffered, in common with the reli of their countrymen of the fame perfuafion, they are now com- pelled to abandon their dwellings and fet- tlements there, on that Jingle account, for, {b) ** upon a petition of the mayor, fheriffs, *' and Protejiant aldermen of that city com- '* plaining" (like the proteflant coal-por- ters of Dublin before-mentioned) ** that " they were greatly damaged in their trade^ *' and calling, by the great numbers of pa- *' pifts refiding there, and praying to be
1 o
* Dy t1ie 2d civil article, " tlie inhabitants, or refiJents '* of Limerick, — of" what profcflion, trMle, or calling Joever iliey h, fhall, and may u(e, exercife, and praflilc their feveral and rerpei^tive trades and callings, as freely as they did ufe, exercifC; and enjoy the fame in the reign of King Charles the II.
(i) Com. Jour. vol. III. f. S4.
[ 3° ]
" relieved therein j a claufe was ordered to " be inferred in the a(5t to prevent the fur- " ther Growth of Popery, that every perfon ** of the Popifli Rsiigion, then inhabiting ** within the fiiid city, or its fuburbs, fliould " give in fujiciefit bail, or Jccurity, before *' the chief magiftrate of the faid city, that ** they would bear themfelves faitnfully ** towards her Majefty; or, in default of " givmg Jiich fccurity, fliould depart out of ** the faid city, and fuburbs." *
Now,
* The acl itfelf fets forth^ " that if any peifon or peifons ••' of the Popilli Religion, other ihan fuch trading mer- ** chants, t/ot exceeding lx:enty in each of the faid towu " (Limerick and Galway) as fliall he Jicenfed by the chief *' C;'iven:or or governors of this kingdom for thr time being, " fhall prefume to live, dwell, or inhabit, or take auy ♦ ' houie or tenement i., the eity of Limerick or town of *' Grluay. or the fulurbs of cither — he, or they, (liall for- " feic all his or their ;.■.■ 's ar.d chattle?, and fufFer impri- "• fonment for the fpace of one whole year." Com, Jour, vol. III. K 13^. Sir Theobald Butllcr, in his pleading a- gainit tlijs bill bcfoje the Houle of C'.Miiinons, in i 703, ob- lerve?, '"' that the Roman Catholic citizens of Limerick, were *' prohibited by it from living or ilaying there, even fuch ** as were under the articles, and by virtue thereof, had *' ever lince lived there, without giving fuch fecurity, as ** neliher thele arti9lcs^ nor any law heretofore in force, do
'' recjuirc^j
[ 3' 1
Now, Sir, befides the difficulty of their getting fuch fecurity, as, at that period of jealouiy and diftrufl:, would be allowed jiifficient by the chief magilirate, who was himfelf \\\^ principal petitioner again ft them : even thofe few Popifli inhabitants, whofe fecurity was unexceptionable, and who, confequently, could not be hindred to con- tinue in their habitations, were yet, foon after, put under a neceffity of abandoning them, of their own accord : unlefs it can be fuppofed, that trading people can live contentedly, or with any fort of conveni- ence, in a place, where they are forced to remain feparate froiii their wives, chil- dren, and fervants; for that fuch was to be the lituation of thofe few licenfed papifts (not more than twenty were fuffered to be licenfed) is manifeft from hence, that, *' in (rt) March 1704, a petition from the ** Roman Catholic inhabitants of Lime- ** rick, pr^iying that bail might be taken *' for their wives, children, and fervants, ■• as inhabitants thereof^ having been pre-
** fented
** require, except icamen, hilier-mcn^ and day labourers, f who did not pay above forty (hillings a year, rent." (<j) lb. f. 281.
[ 32 ]
" Tented to the houfe, and read, it was ** ordered to be trjeacd."
Tt js worthy of particular notice, that about the time of palFing this adt to prevent the further growth of popery, feveral mem- bers of the Houfe of Commons, as if a- iliamed of having been any way. concerned in that tranfadion, refigned their feats j defirin": that writs mipht be iliued to chufe other members in their room. And this humour of refigning became fo gene- ral among them, that it was yb) (at laft) ** un.mimouily refolved, that it might be *■* made iht flanding order of the houfe, that *' no new, writs for eledling members of ** parliament, in- the place of members ex- *' cifng themf'hes from the fervice of the '* lioufe, do illue at the defire of fiich mem^ *' bers, notwithdanding any former prece- *' dent to the contrary." *
Upon
(A) Com. jour. vol. III. f- 296. It haJ been before refolv- <' e.t, thac the excuring of members at ihur own requeft, from *' the rervic<; of the Houfe, and thereupon ilTulng out new *< writs to eled other members, to ferve in their phices, was "of ci.uigeroqs conlequenc(', and tcnileJ to \.hc fuhvirjion ** nf the i:f)r.ilitufion of parliament."
* The fecond Ad Lo prevent the further Growth of Po- pery,
[ 33 ]
Upon the return of this bill to prevent the further Growth of Popery, from Eng- land, (a) " Nicholas Lord Kingfland, Col. *' John Brovv'n, Col. Burke, Col, Robert " Nugent, Major Allen, Capt. Arthur " French, with other Roman Catholics of '* Ireland, and perfons comprifed in the *' articles of Limerick and Galway, peti- *' tioned to be heard by council againfl ** it : which was o-ranted."
o
This returned bill had a claufe inferted in England, which gave great offence to the whole body of dillenters in Ireland : many of whom, then in the Houfe of Commons, were perfons of confiderable power and influence; tor this reafon, if was exped:ed, that it would have been to- tally laid aiide ; and the rather, becaufe the diffentcrs had before received fome dif- guft, by a refolution of a committee in October 29th, 1703, (<^) "that the pen- ** fion of i2ool. per ann. granted to the
prefbyterian
ncrv, was under debate in the Houfe of Commons, from t'le loth of May 1709, to the fSth of June following. See Com. Jour, from f. 5 7>, to f. 64 r.
(.'?) Ih. f. 173, (.") Cum Jour. vol. LI- f. l6.
[ 34 1
** prefbyterian miniders in Ulfler, was art " imnecejfary branch of the eftablifliinent."
The difTentcr^, in their petition to the Commons, on occafion of the above- mentioned claufe, complained, " that, to " their great fiirprife and difappointment ^ " they found a claufe inferted in the Act ** to prevent the further growth of Popery, *' which liad not its rife in that honoura- '' ble houfe, v/hereby they were difabied ** from executing any public trud, for the ** fervice of her majefty, the proteftant *' reUgion, or their country, unlefs contra- '* ry to their corifcicnces, they fliould receive *' the Lord's Supper, according to the " rites and ufages of the eftablifhed " church."*
This claufe has fince been called the fa- cramental teft, then iiril impofed en the diflenters of Ireland, whofe zeal againfl Po- pery was fo creduloudy blind, that upon a promife of having it repealed on the firft
opportunity,
* Prefoyterian loyalty ///i finem, notwitliftanding their having fince matle many ftrenuous cfToi ts for its repeal, — — Nee lex eft juftior uUa, quam necis artifices arte pcrire fua.
[ 35 ]
opportunity, they readily concurred with the red in paJTing (together with the claufes again Popery) that mortifying one againfl themfelves J which as a jull judgment for fuch concurrence, has remained in full force againll: them ever fince. *
On the 23d of February 1703, purfuant to leave given by the Commons, Sir Theo- bald Buttler, Councellor Malone, and Sir Stephen Rice (the two former in their gowns, as council f r the petitioners in general, and the la[1 without a gown, as only petitioner in his private capacity) ap- peared at the bar of the Houfe of Com- mons. Sir Theobald Butler, the firft, and principal fpeaker on this occaiion, demon- F ftrated.
* This claufe, inftead of being repealed, was afterwards frequently put in drift execution during Queen Anne's reign. *« Odtober 29th i 707, refolved, that by an aft to prevent *• the farther Growth of Popery, the burgelles of Betfaft are *' obliged to (ubfcribe the declaration, and receive the fa- ** crament, according to the ufage of the church of Ireland." Rci'ijlved, •* that the burgofhip of the faid burgefTcs of *' Belhift, who had not fuhfcrihed the declaration, and re- *' ceived the facrament ///^///rf//^ to the faid aSl, were by " fuch uegleft, become vacant." ■ Com. Juur. vol. III. f. 546.
[ 36 J
ftrated. In a long and pathetic fpeech, that almofl every claufe in the Ad: then before thcmi, relating to the Roman Catholics of Ireland, was a dired: infringement of one or other of the articles of Limerick, which he at the fame time held in his hand, " ar- ** tides," added he, *' folemnly engaged ** to them, as the public faith of the na- '^titn-that all the Iridi then in arms '' againd the government, had fubn";itted ** thereunto, and furrendered the city of " Limerick, and all other garrifons in their '^ pofleflion j whm thf^y v/ere in a condition '* to have held out, till ihey m>ight have *• been relieved, by the jucconrs then coming *^ out of France : that ihey had taken fuch " oaths to the King and Queen, as by thp " fame articles, they were obliged to t'-ke : '* that their fubmiirion was upon fuch '* terms, as ought to be then, and at ail '* times, made good to them^ and that " therefore, to break thofe articles, would " be the greateft injullice for any one peo- ^' pie in the whole world to inliid: upon
*' ano-
(ci) lb. f. 279. (/') Account of tlie debates on the Po- pevy LaWS,
[ 37 ]
** another, being contrary to laws both of *' God and * man : that the cafe of the ** Gibeonites, 2 Sam. xxi. i. was a fear- '* ful example of the breach of public *' faith i W'hich, above a hundred years ** after, brouo-ht nothing lefs than a three ** years famine on the land, and flayed not *' untill the lives of all Saul's family attoned " for it. That even among the heathens, '* and moil barbarous nations all the world ** over, the public faith was always held ** facred and binding ; and that, furely, " it would find no lefs regard, in th:it af- " fembly,"
*' The
* Of the liw of gavel k'\n>], (enabled by tlie i3t,h claufe oFthis bill) Sir Theobald Butler in his pleadings lays, ic is ** a law iii iifclf, Jo monfirous, that I dare lay tliis is the
" firfl time it was ever heard of in the world" " fer
•* I'ureiy, adds he, it is a ftrange law, which contrary to " the 1 iws o.'ali nations, thus confounds all fetdements, ** how ancient foever, or otherwife warrantable by all the ** laws hitherto in force, in this, or any other kingdom."
" Informers are an infiinous and odious fet of people, and '' in fact, the Lilh Popery lu7,'S, and the conftruftion put " upon thiern by the Irifh lawyers and courts of juilice, are a ** confufed heap of oppreiliun and nonfenle, and have very " much contributed to corrupt the morals cf the people of " that country." Lord Chancellor Camden^ in the Houfe of Lords, February 9th 1775'.
[ 3? ]
The fame, and other arguments, againft the palTing of this bill, were fuffered to be pleaded at the bar of the Houfe ot Lords; but were equally difregarded by both Houfcs : the petitioners v/ere told, {a) *' that, if they were to be deprived of the *' benefits of the articles of Limerick, it *' would be their own fault?, fince /jy com- *^ forming to the e}lahlip.:cd religion, they " would be entitled to thcfe, and many ** other benefits : and that, therefore, th-ey *' ought not to blame any but themfelves, ** that the paffing of that bill was needful *^ for the Jecurity cf the kingdom -y .and that ** there was nothing in the articles of Lime^ ** rick, that fioidd hinder them to pafs it'.'*
The former part of this anfwer, Sir, was, you fee, downright mockery, and a public inlult on nntional faith ; and, by the latter, a maxim fcems to hive been adopted, which tends to deflroy all trufl and confidence among men, viz. that the moft folemn engagement between parties may be violated or fet afide, by either of
them,
{a) lb.
[ 39 ]
them, npon a f«igned or groundlefs appre- henfion of danger from the other, by- keeping it. I call the apprehenfion of danger, in this cafe, feigned or groundlefs, becaufe 1 think, I may challenge the ableft, and moft zealous fticklers for thefe laws, to produce even one inftance of fuch mifcon- du(5l of the Roman Catholics of Ireland, from the year 1691, when the articles of Limerick were concluded, to the year 1704, when the firfl of thefe laws was paffed, as could occafion in the government any real or grounded apprehenfion of danger or difturbance from them. That no fuch in- fiance could be then produced, appears from hence, that one of the principal objed:ions to their condu(ft was, * ** their not having
*' congratulated
* lb. Through this whole rdgn great numbers of Roman Catholics quitted the k'lngdon, on account of tiie Cevera execution of the Fopery Laws ; and fuch as were willing to return were not permitted, without licenfe obtained on the hardeli terms, In 1713, " ordered to prepare an addreis *' to her ma>^fty, to (^c/ire her, that file wiil he pleifed not ^* to grant licenfes to Pr.pijls to return into this kirpdom.'* Com. ]--nir. vol, .11 [. It v.as even dangerous for ihstn to attempt, or endeavour to hear what parted in t'-e Houfe of Commons concerning themfclvc?; for in the fame yeir, an order was pafTed, " that the fcrjeant at arms rtiouK! take " into cuftody all Papifhs xh?.t were or fhould ('r^fum: to " comt into the gallerief." lb. f. 976.
[ 40 ]
i.
congratulated her Majefty Queen Anne, ** by a dutiful addrefs, on her acceffion to " the throne, as her Proteftant fubjeds had *^done;" which as it may be reafonably accountL^d for, from their deprefled, per- fecuted, and defponding condition at that juncture ; fo, had they ad:ually addreffed her MijeOy on that occaiion, in the moil loyal and affectionate manner, moft proba- ble it is, that their very accufers would have confidered and reprefented it, as the mere effe^'l of adulation and hypocrify, if not of infclence and prefumptio;i in them.
Perfons, who are confcious of having of- ten* and openly, broken faith with others, have reafon to dread, that others will not be fcrupulouily exad; in keeping faith u'ith them. It was, perhaps, from fuch contcioufneiV, that the government of Ireland, during all Queen Anne's reign, were incelTantly ham- pering the Roman Catholics with oaths, imprii'jn:i::ents, and forfeitures^ without any other vifible caufe, but that of their * Reli2:ion. But the behaviour of thefe
people
* What pitiful occafions were then taken, to peifecutc the perfons oi" Roman Catholics from every trifling a^, or
circiini fiance
[ 41 ]
people was always found Co blamelefs, that it fometimcs made their very perfecutors aHiamed of their fe verity. In the year 1708, on tlie bare rumor of an intended In- vafion ofScotlahd by the pretender, no few- er than (^) ^^ forty one Roman Catholic Noble^ ** 7nen and Gentlemen ^^xo, iirprifoned in *' the Caille of Dublin." [c] And when
they
cjrcurrftance, of tlieir Religion, appeirs from the following p.iiljge among many otl^ers. There is, it feems, a place of Pilgrimage with them, in the county of Meath, calltd St. John's well, which is frequented every fummer, moflly by infinn men, women, and cliildren, in hopes of being cured ot iheir fevcral difordcrs, by performing certains afls of devotion, and pen.ince there. This the Irifh Commons thought an important objeft of confideration, and of nati- onal concern ; and accordingly palFed a vote, that thefe fitkiy devotees '* were a/Tembled there, to t!ie great hazard, *' and danger of the public peace, and fnfety of th: king- *' dc'?n.^' In confequence of which, fines, impiifonment, and whipping, were made the penalties of " (uch dange» *' rous, and tumultuous, alTcmblies." A penance, much more fevere, than thole poor people probaly inteijded to in- flitfl on themfelves ; and from which, they could hardiy ob- tain any other cure of th<;ir difordcrs but that iiniverfal one death ; which in ihofe times of religious rancour, frequently liappened, by the extreme rigor of their punifljment. Com- Jour. vol. IV.
(/'} Cor.:. Jcur. vol. IV. f. 371. {c) lb.
/" 42 J
they were afterwards fet at Liberty, f ('* be- " caufe they hac^ uded nothing againfl the *"' Government," ) the ftate was lb fcnfible of the wrong done them, by their long, and irkfome confinement, ^" tliat it re- *' mitted their fees, though they amounted ** to eight hundred and odd 'founds."
Soon after the firft adt to prevent the fur- ther growth of popery was palTed, the com- mons entered into fuch wild, and intem- perate refolutions concerning the execution oi it, and of ether penal ftatute, which it revives, and confirm?, as fhew them to have been as little dired:ed by common fenfc, as tiiey were by common humanity. In March 1704 (</) *' they refolved, unani- ** moufly, that all Magiflrates, and other ** iierfons 'whatfoei)er, who neglected, or o- ** mitted, to put them in due execution, ** ivere betrayers of the Liberties of the King- *' doni." In June 1705, {e) '' that the fay- ** ine, or hearing, of iVIafs, by perfons who
had
f lb. + lb. (</) Com. Jour. vol. III. f. 289. {s) lb. 319.
t 43 ]
"had not taken the oath of abjuration, ** tended to advance the interejl of the pre- " tender -, " And, ffj'' that {iich Judges, and *' Magiftrates, as willfully negleded to *' make diligent enquiry into and difcovery '* ftich wicked pratlicesy ought to be looked ** upon as enemies to her Majefty's Govern*- " ment." And left the Judges at leaft, if not the other Magiftrates, (hould befome- Vv'hat aOiamed of executing this new office oi enquiring into., and difcovering, thefe wick- ed practices of faying and hearing mafs, on account of that infamy, which is common- ly annexed to the trade of Pricft-Catchers, difcoverers, and informers, thefe commons had before taken care, ** to refolve unani^ ** moujlyy that the profecuting, and informing ^' againjl Fapifis, was an * Honourable G ** fervice
(/) lb. 280.
* The fcheme of the original framers of thefe popifii Laws, (and of the prefcnt advocates for their continuance} was, and is, by their fev^eriiy, to bani(h the popifh natives out of the Kingdom, and introduce foreign proteflants, ia their roo;ii. This experiment was tried in the year 1709, " for, at tb2 reqjefl of tiie Lords and others of the council,
" eight
t 44 1
** fervicc to the Government." Such was the good faith, good fenfe, and avowed honour, of thefe bigotted times.
How very different from this, Sir, has been the flate and condition of the protef- tants in Germany, ever iince the famous Treaty of Munfter in 1 648 ; which was concluded with them by the Emperor Fer- dinand, on a like ftipulation for Liberty of religious worfliip ; and guarantied by their moji Chrijiiani and Catholic Majejiies, and 0-
ther
" eight hundred and twenty one pi'oteRant palatine families *' were then brought over to Irelaiul ; and the fum of twenty *' four tboiifantl, eight hundred, and fifty pounds, five fliil- *' lings and fixpence, appointed for their maintenaBce, out " of the revenue ; on a refolution of the Commons," that *« it would muil> contribute to th: fecurity of the Kingdomy *' if the faid proteftant palatines were encouraged, and fettled *< therein." But the error of that policy was foon after •< difcovered ; for the Lords, in their addrefs to the Qiieen, *' in 171 1, thankfully obferve, '* that her Majefty's early *' care had even prevented thetr own endeavours, to free the •' nation from that load of debt, wh'xch the bringing over « numbers o^ufclefs, and indigent, Palatines had brought «' upon them." It is remarkable, that only four out of this great number of proteftant palatines cnlifled in her Ma- jelly's army ; fucli was the fecurity, which the Kingdom received fiom them 1 fee Com. Jour, vol 111. f 879. at this time great numbers of Roman Catholics had been Ctrl- \«n out of Ireland by the feverity of ihefe Laws.
[ 45 i
ther Roman Catholic Frlnces, andftates in Italy, and Germany, {g) *' By this treaty, **ali their immunities, lands, territories, and " dignities, together with the abiblutely " free, and uncontrouled exercife of their *' Religion : as alfo powers to bear Offices, ** and enjoy not only Church-Livings, buC ** BiQiopricks. and Archbifliopricks, were *' granted, and for ever fecured to thefe *' proteftants : notwithllanding the Pope's " Nuncio, then prefent at Munfler, openly *' protsiled againil it 3 and the Pope him- " felf. Innocent X. foon after iflued a Bull " declaring its Nullity, but this declarati- ** on from the Pope (adds my Author) (ig- '* nified no more than one from Prejler "John *' would have done. The Emperor, and *' Princes of Germany gloricuily flood to ** their Treaty -, and took care to fee the ** fame folemnly -f* ratified, and executed,
" notwithftanding
{ g) See Sir Peter Pet. Happy flate of England, prcf.
f " From hence " (adds Sir Peter Pet) " It appears, ^ea; " Uiifludiid thofe men are in the great Book of the 'joorld^ ^' who think that popifh Princes will net go on in the courfe
'« of
[ 46 ]
** notwithftanding this declaration of its *' nullity. They knew the Pope's nuncio ** would fcon protcft, and tlie Pope him- ** felf declare, againft the Peace; and there- ** fore, had in terms agreed therein, ** that *' no ccmonsy or decrees of Cciu.als, or co?i-
** cor dates
^' of tlirir Politics, (hoi/gh the Pope JJ^ould fcem hi earncj}^ •* or ill jcji to jiop ihivi." Il>. Let me aild, tliflt although jt be iv>torioiis that p;ipal decrees and bulls, touching tempo- ral inatLeis, have been ol'ten overlooked, or r(j(.(fled, by Kdinan Catholic I'linccs, and Stjte>, as in the prelcnt in- ll:ince ; yet there arc Ibmi- pvoteltaius, who merely through hatred of the relip^ion and perfons of Roman Gatholicf, not content with theCe People's ai->jurini^^ all civil power, and jii- rildidion of Popes, in thcic Kinijdoms ; inljlt alfo upon their abjuring the Pope's (pirituai power ; which is in no refpet5t whatever concerned in temporal, or political aflliiis : at the fiine time that they allumc a fuperior Ipiritua! power to them- felves, in wh.it they call their chrilUan Liberty of intcrpret- inc the word of God (which is not controulahle by any earthly authority) in their own lenfi?, in nn^ttcrs reUtive to i'lvil .ii wcU as rel'igiovs government, which is likely to prove much more danf;erou5, than any fpitituU authority of the pope, to proteltant Kingdoms an i Uatcs ; it htinjj evi- dent fioin Hilloiy, that the prepodcroiis exenile of that power, has pruKip.iIly occafioned all the rebellions, that have aiilin in Europe ever fiiice the Rcfai mation. For fiiflions, confufions, and rebellion, aic tlie natural conl^ quente-! of futh I'.ilfe notions of cliiilVian Lilcrty: vl-.iih Mr. Adams, in his celebrated oration at Philacjelpl-.ia, in Auguft 1776, thus
artfully'
[4/1
**' cordates ivith Popesy or abfolutlonsy fliould, ** in any future time, be allowed againft ** any article of ir." And accordingly, Sir, "it has been, ever fince, rcligioufly ob- *' ferved, in every particular : and, in all " probability, will continue to be fo.
Thus, inflead of the Pope's annulling, by his bullj the Munfter peace i.vith eff'c^,
and
artfully cnfones, to his American ftllo'.v Rebels, as an ar- gument on which the lawfulnefs of their infurre(5Hon is prin- cipally founded. '* Our fbrefithers, fays he, threw off the yoke *' of Popery in Relhion ; for you is referved the honoar of *• levelling the po/^ery of Polnics. They opened the Bible f- to all, and mdiutained the capacity of every man to judge *' for hhnfsf in Religion. Arc we fufficient for the cont' *^ preherifon oj th: fnhlitnsf} fpiritual truths, and unequal '^ to material and temporal cnei \ Heaven hath trujled us " with the management o{ things for eternity^ and man de- *' nicsus ability tx) judge of the prtleat, or to know from our ** feelings and e.vj^erience what will make u» happy" — *'you <•' can dilcern, fay they, obje(51s diftmt and remote, but can- " not perceive tliolc within your grafp " — '' let us have " the deflributioQ of prefent goods, and cut out, and ma- " nage as you picafe the intcrcft of futuiity" — "This " day, I truft, the reign of Political Protcflantifm will com- *' merxe. We h-ive explored the Tcmjjle of Royalty, and '* found tltat the Tool we have bowed down to has eyes " which fee not, ears that h^ar not our prayers, and a *'■ heart like the i-Citlisr mill-ftonc."
[ 4« ]
and thereby fixing on the papills the odi- ous, imputed dodtrine " of not keeping ** faith with proteftants," you fee that doc- trine itfclf was ^fmu/Ied in this inflance, by the popiih princes of France, Spain, and Germany, and I will venture to add, that it is now adluaily reverfed, and may be fair- ly retorted on their accufers, for the vio-? Jation of the articles of Limerick.
Need I infc^rm yon. Sir, that thefe laws, under the fpecious pretence of preventing the growth of Popery, have, in reality, more effecflually, prevented the growth of every thing, that is either ufeful or orna- mental, to Ireland ; that, inftead of pro- moting true religion, and its genuine ef- fe6ts, private and public virtue, they have given birth to niore bypocrify-y and under that dangerous difguile, 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— that, by thefe laws, great rewards are, occafionally, held forth to that vile and detefted race of men, dijcoverers and informers; who being
thus
[ 49 ]
thus legally countencinced, and encou« raged, plunder, indifcriminately, parents, brethren, kinfmen, and friends ; in de- fpight of all the ties of blood, of afie(3:ion> and confidence ; in breach of the divine laws, and of all- former human laws, e- naded in that, or any other kingdom^ for the fecuriry of property, iince the crea- tion of the world.*
You
* The only plaufihle reafbn I ever Iieard for mal.ing and continuing thefe laws, is their tendency to bring the Papifls of Ireland to a cnnformity in religion and loyalty with Proteft-ints ; and to weaken and impcverini fuch of them as had forfeited at the revoliitien, to lb great a degree, that neither they nor their pofterity fhould be ever after capable of giving us any dilturbance, in cither our civil or religious concerns. As for the fi:fl: p.irt of this reafon, it is noto- rious, that hypocrisy and tiififTccflion to both our religion and government are the firit, and natural effeds of foch forced con', erfions ; and fhould even converts, thus made, become at length real Protefl'a;ji.>, and good fuhje<5>s. ** Is
evil to be done, that good may arife therefrom," in this one inftance, when both reafon and religion forbid it ia every other ?— As for the fecond part, the enacting fuch predatory laws againfl: P.pifts, without fome overt-adl^, cr proof of their inteniion at ieaft, even at that junfture, to difUiib the government, (which is not even pretended) was by no means juHifiable. An enemy might compare fiich
proceeding
[ so ]
ifou have feen. Sir, that one of the prin- cipal caufes afligned for enading thefe laws againft Roman CathoHcs, was their not having addreilcd Queen Anne, on her ac- ccfhon to the throne : that caufe, frivo-' lous as it then was, cannot, now, be af- figned for their continuance. Thefe peo- ple, Sir, have often fince, and with much better reafon, expreiTed their heart-felt gratitude for the lenity fliewn them by that Queen's illuftrious fucceflbrs, the prefent Royal Family, in humble and dutiful ad- dreiTes, which have been gracioufly re- ceived. But even thefe addrefTes have been maliciouily, becaufe confcioully, mif- reprefented. '*' The profeffioiis of loyalty, ** and even folemn oaths of Papifts (fay " their enemies) to Proteftant governors, *' are infincere and infidious. They are *' licenced to make them, but with no *' other view, than to propagate their fu- '* perfiition, and fupplant the true reli- ** gion ; and when thefe purpofes can be
"ferved
procecoing to the policy of an highway-man, in putting thofe he had robbed to death, lea(t, if IbfFcired to live, they might afterwards difcover, and prufccute him for the rob- bery.
[ 51 1
" ved by ading counter to them, they ** have difpenlations and abfolutions at a " call."*
Thus do thefe dciighty advocates for perfccution pretend to more wifdorn and folicltude for the public fafety, than the Legiflature itfelf: Vv'hich, in propoiing the ufual oaths to thefe people, have hitherto imagined, that they were providing for the fccurity of government, and attaching them to it, by the (Irongeft ties that can poflibly bind the confciences of men. Whereas, it feems, that by receiving them on fjch terms, into any degree of truft and confidence, they were giving government's greateft enemies the bed opportunity they II could
* So rJtlicaloiiny jealous and fearful were the framars 6f the AiSts to preveiit the further growth of Popery, of thefe papal ilirpenfaiions and abfolutions, that they oblige^ the very. Q^iaksrs to declare againlt them, " and folemnly tr» " profcf and teftify they made that declaration with any " difpenHtion a!reacly granted by the Pope, or hope of its " helng hereafter granted, and without believing that the *' Pope could al'fohs them from that declaration/' Com. Jour.
[ S2 ]
could have dcfired, for undermining and betraying it.
But can you, Sir, really believe, that men born with the fame feelings, appe- tites, and paflions, as ourfelves; and con- fcious too, that they could have obtained difpenfations and abfolutions, at a call, for conforming to the eflabliOied worship, would have voluntarily fuffered, during thefe feventy years pad, what all the world knows the Roman Catholics of Ireland have fuftered, on account of their non- confor- mity, in that fpace of time ? I will not be- lieveyou capable of thinking fuchnonfenfe.
The draining of confcience for worldly advantages, to make it conform outvv'ardly to modes of religious worfliip, which it inwardly condemns, is a pradtice unheard of among Roman Catholics ; occajlonal con- formityt Sir, a principle avowed by fome of their moft violent accufers, is utterly re- nounced by them; and they have ever de- clared themfelves ready to abjure, in the moil foiemn manner, all pov/er on earth,
fpiritual
I Si ]
fpirltual and temporal, fuppofed to be ca- pable of dilpeniing with them, in that re- fpe(a.*
Thefe
*'But of all the evil tenets imputed to Roman Catholics, as peculiar and elTcntial to their religion, ihe/pirit offer/ecu- tio/i feems moft to be dreaded, and 15 nioft confidently infilled upon ; but how cxn fuch a fpirit be deemed peculiar to Roman Catholics, when it is notorious, that their very ac- cufers perfecute both them, and one another, whenever they have the power and opportunity of doing it ? that it is far from being elfential to their religion, appears from hence, that their ableft and moll orthodox divines, and in
• particular, their lail Pope, Clement XIV. (who furely mud be fuppcfed to have known the ejfefitin/s of his religion) condemns it as unchriflian, and inhuman. " The great '•' misfortune in this cafe is/' fays that e.minently good and learned Prelate, " ihat fome people conjouiid religion with '' her t?iinijlers, and make her refponfibh for their faults i " it never w<!s religion, but falfe zeal pretending to imitate *' her, that fcized fire and fword, to compel heretics to ab- *' jure their errors, and J:ws to become Chviftians. There " were formerly (he coufdles) in the bofora of the church " falfe zealots, who contended for things not intercfting to ** the faith ; of whom (adds he) Ecclefiaftical Hillory fur- *' niilies many exemples, fiifficie?it to make in tremble ; for *' what is more dreadful, than to te good men fall vi>5lims *' to a zeal difplcafing in the fi^ht of God, and candemtied
\ '* by the church, as equally hurtful to religion, and the •'' rights of fociety ? the praflice of Jefus Chrift, (who dur- *< jng his refidence on earth, bore patiently ^with the Sadu-
«* cees
[ 54 ]
Thefe truths are now at length generally known; and they have been of lace, fo far
publJckly
" cees and Sam,uit ins, thi hfidels, and Sch'fniancs of " thofe times) obliges us to fupport cur bretliien, of wh^t- '•' ever communion tl.cy be, to live peaceably with them, and not to torment them on account of any fvitem of *' belief they h.^ve adopted. If we forccibly er,!i(t men *' into the church, we fliall only make them pre. a; icators, ** and hypocrites. The power of the church is purely //'/>/- *' tual; ap.d this is fo true, that the firft ChrKlians iurte;ed " themfelves to be butchtred, ratlier than rebel againft the ** edidls of the (Heathen) Emperors : and our blefTed Re- " dcemor himfclf, when he prayed for his executioners, *' taught us how his caufe is to be avengsd. Had the mi- ** nilicrs of the gofpel been always careful to follow that di- ^' vine model, the enemies of Chi'iftianity had not been able ** to bring agalnft it tie urjufl reproach of being a perfc- *' cutor. The church always difavo-wed thofe impetuous *•' nicn, who, ftirred up by uiulifcreet zeal, treat thofe who *' go aftray, with afpciity ; and its moft holy bi/hops. In ** all tirres, folicited the pardon of apoflatcs, dcHriPig only " //viT converfion. Alen, thereforcj ouglit not to impute '' to the church thofe exccfHs, of wliich hiftory has prelerved " the memory, and which are repugnant to the tnaxinis of " the gofpel.'" Gaoganelli Lett. v. iv.- fee particularly his Dilcomfe.on the Spirit of the Chuich, and on Religion. Pc-fim.
I know Voltiire, that noted fco/Fer at religion and god- liaers has wiitten exprelily againft the authenticity and ge- iminenefs of thefe letters ; bi|t, befidcs, tliat the futility of bis, pbje(5lions has already been clearly (liewn, by the editor himfclf, at the end of the fourth volume ; is it at all credi- ble.
[ 55 ]
publlckly acknowledged, as to have re- ceived a kind of fandiion from your legif- kture. A majority of humane and enligh- tened members in both houfes of your Par- liament, having been themfelves witneiTes of the dutiful behaviour of the body of the Roman Catholics of Ireland, under many painful trials: and confcious, that their long perfeverance in fuch behaviour was the befl proof of the integrity of that prin- ciple, which has hitherto withheld them from facrificing confcience, and honour to any temporal intereil: (fince rather than violate either by hypocritical profeffions,) they have, all their lives, patiently fuffered in that particular). Thefe truly patriotic members, I fay, influenced by fuch mo- tives, have caufed an * oath to be framed
(the
ble, that Ganginelli's fiicceflbr, tl:e prefent Pope, or Ms inquifitorial court, which is ever exceedingly vigilant, and jealous on much lels important occalions of this kind, would have hitherto fufFered fuch an impofture to remain un- cenfured, efpecially, if thel'a letters contained any doftrine repugnant to the cflectial tenets of the Romiih religion ?
* In the following words, I A. B do take almighty God^ aud his oaly fjn Jefjs Chriit, my Redeemer, to wit-
nds,
[ 56 ]
(the moH: certain proof furely, that poft fibly can be required, or given by men, of
the
nefs, that I will be faithful, and bear true allegiance to cur molt gracious Sovereign Lord, George the third, and hiin will defend to the utmoft of my power, againft all confpiracics, and attempts whatfoever, that fliail be made againfl: his per- fon, crown and dignity ; and will do my utmoft endeavour to dil.clofe and make known to his niajefty and his heirs, all treafons, and traitorous confpiracies, which may be formed a^aiiift him or them ; and I do faithfully promife to main- tain, fupport, and defend, to the utmoft of my power, the fucceliion of the crown in his majefty's family, againft any perfon or perfons whatfoever ; hereby utterly renouncing, and abjuring any obedience or allegiance, to the perfon takiut; upon himfelf the ftile and title of Prince of Wales, in the life- time of his father ; and who, fince his death, is faid to have alTumed the ftyle and title of King of Great Britain and Ireland, by the name of Charles the third ; and to any other perfon claiming, or pretending a right to the crown of ihele realms. And I do fwear, that I do re- nounce and deleft, as iinchrillian and impious to believe, that it is lawful to murder, or deftroy any perfon or perlbns ^vhatfoever, for or under pretence of their being heretics ; and alfo thit unchiidian, and impious principle, that no faith is to be kept with heretics. 1 further declare, that it is no article of my faith, and I do renounce, rejeft, and abjure the opinion that princes excommunicated by the Pope and council, or by any authority of the See of Rome, or by any authority whatfoever may be depofed or murdered by their fubje(5ls, or by any perfon whatfoever ; and I pro. mife, that I will not hjlJ, maintain or abet any I'uch opi- nion, ••'
[ 57 J ■
the fincerlty of their profefiions) which without cla{l:sing, in the leaft, with their rehgious tenets, fufficiently enfures their civil duty, and allegiance.
As the conciliating fpirit of the framers of that oath manifeftly appears in the pre- amble to it, I fhall take the liberty to in-
infert
nion, or any other opinion contrary to what is exprefied in this declarations ; and I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, pre- Irtte, ftate, or potentate, hath or ouglit to have, any tem- poral or civil jurifdifiion, power, fuperiority or pre-emi- nence, direflly, or indireiftly, within this realm ,- and I do folemnly, in the prefence of Almighty God, and of his only fon Jefus Chrift, my Redeemer, profefs, teftify and declare, that } do make this declaration, and every part thereof, in the plain and ordinary fenfe of the words of this oath, with- out any evafion, equivocation, or m.ental refervation what- ever; and without any difpenfation already granted by the Pope, or any authority of the See of Rome, or any perfon whatfoever; and without thinking that J am, or caii be, acquitted before God or man; or abfolvid of this deciara- tion, or any part thereof, although the Pope, or any other perfon or perfon?, or authority whatfoever, fhall difpenfe with, or anull the fame, or declare that it was null and void from the beginning.
So helo me COD.
[ S8 ]
fert it here, for your ferious and difpafllon- ate revilal.
" Whereas, many of his majefty's fub- jeds in this kingdom are defirous to tel- tify their loyalty and allegiance to his Majcfty, and their abhorrence of ccrtavi doutrines imputed to them ; and to remove jealoufies, which hereby have for a length of time, fubfifted between them, and others his Majefty's loyal fubjedls -, but upon account of their religious tenets, are by the laws noro in bdng, prevented from giving public affurances of fuch allegiance, and their real principles , good will and affedion tow^ards their fellow- fubjeds; in order therefore, to give fuch perfons an opportunity of tejiifying their allegiance to his Majefty, and good will to-^ wards the prefoit conftitution of this king- dom, and to promote peace and indiijlry among the inhabitants thereof, be it enaded, &c.
This ted, fo well calculated to anfwer all the neceliary purpofes of civil duty and
alk^giance.
r 59 ]
allegiance, has, I am aflared, been volun- tarily and chearfully taken by great and re- fpedlable numbers of the Roman Catholic clergy, nobility, gentry, and people in different parts of that kingdom; whofe example, I doubt not, will be foon fol- lowed by thofe few * overfcrupulous per- I fons,
* Tbefe perfcns, however, nre not more fcrupulous sn this re^edt, than fcvrral members of pjrliameBt, firmly attached to the prefent con/litution in church and ftate, feemed to be, who made the like objeftJon to fome part of the word- ing of this teft, while it was under debate.
Air. Hercules Langrifhe, in his excellent /peech in parli- ament in 1772, on a bill then introduced (but afterwards rejected) to enable Papilis to take building leafes, fays a- moDg other things relative to the Popery Laws, " Let us " confider that the time is long fince paft, in which the ** recovery of an eflablifhment required oppre^ion for its ^' fupport ; or the weaknefs of government wiflied to divide ** in order to fubdue. The time is come, in which you " muft offer the Roman Catholics one of thefe two alterna- *• lives ; you muil either fuffer them to enjoy the rights of *' citizens and fuhje^s, or do them the juftice to banifh *' them from the country. Do not think of flattering them " by ihz ftipi'ufs of laws, which may at any time be re- '' vived againft them ; and do not expeft their gratitude *' becaufe you are not rafh enough to enforce, what you *' were unj'ufi enough to enaft againft them. Every folid ar- f* gument (I wifh 1 could fay every ideal prejudice too) is *.* ■qo'nY removed^ which might in former times have been
" pleaded
[ 6o J
fons who fcem as yet to hefitate at fonie part of the wording, but not at the fub- ftance, or real purport of it.
It
<( pleaded againft them let us not then continue for
<' ever to maintain a Tyftem of laws — which are tempered <* in the very bigottry of that religion, which they affed
<f to reform which are too fevere to be executed, and
** therefore do not bring fecurity — which, before they can « operate, muft firfl: corrupt, which never can be ufeful, « becaufe they are not juft. Let us not be fo monftrous as *' to fuppofe, we have a right, for ever to prafcribe three " fourths of the community."
While the advocates for the continuance of the Popery laws in a free nation, and under a limited monarchy, vin- dicate this breach of the public futh, how inconfiftently do they cenfure, as perfidious, the revocation of the edidl of Nants, by that ablbhite monarch Lewis XIV. whof? will was a law, which the French Proteftants knew they yere at all times bound, by the conftitution of their country, implicitly to obey? Of this uncertainty of the French King's edi(5ls, that eminent Froteftant writer, Grotius, was fully fenfible, wdien on that occajlon he ("aid, ** that he earneftly ".vvifiied fuch editfls njight be always religioufly obferved, *' but that he would have the Proteftants of France to '* know, that they were not to be confidered by them as ** treaties or engagements (foedera) but merely as declara- *' tions of that monarch's will and pleafure, made for pu- <« biic utility, and revocable by him, when ever the welfare *• of the king'.'om feemed to require it." DifcufT. Rivetiani apologetic:, an. 1645, page a I.
[ 6. ]
It is therefore. Sir, reafonably to be ho^ed, that by fome favourable change or relaxation of thefe fevere laws, govern- ment will make a feafonable acquifition of the hearts and hands of more than a mil- lion of zealous and able fubje(fls : now not only an ufeiefs, but a waflieful burthen to the public j and, by fuch juft and hu- mane condefcentionj will prevent all fu- ture reproach on your leglflature, of coun- tenancing the breach of public faith, of ftripping men of their property, for not parting with their integrity, fining and imprifoning them for confciencious diifent from fettled forms of worfliip, or for opi- nions merely fpeculative in matters of re- ligion ; and in fhort, of making your pro- teftant courts of juflice and equity refemble, in thefe refpeds, that hated tribunal a Po- pish inquifition.
London. I am. Sir, &c.
P.S,
[ 62 ] .
p. S, A word or two more, and 1 have done. It has been always declared, by the advocates for the continuance of the Pope- ry Laws, that they were at firft ena6ted> and ever iince kept in force, not on account of the innoxious fpeculative tenets of Pa- pifts; but merely as a fecurity and defence of government, againft their dangerous praftical principles. But fince thefe m- piited pradiical principles are now folemnly and explicity abjured ; and contrary prac- tical principles as folemnly and explicitly avowed by them, in the prefent teft (which has been propofed by the legiflature itfelf, as amply fufficient for thefe purpofes) it evidently follows, that the Popery Laws can, now, have no other objed:, but the innoxious fpeculative tenets of papifts, which it is confelTed, can afford no juft caufc, or even colourable pretence, for that perfecution, and diflrefs, which thefe laws, by executing themfelves, mufl al- v/ays, and necelfarily, bring upon them — On the other hand, what warm returns of gratitude, for the mitigation of thefe laws, may not be expeded from a people,
whom
[ 63 ]
whom their unprovoked feverities, for more than feventy years paft, have not caufed to deviate from any one duty to the government that inflidts them ? not- withrtanding two dangerous * rebellions have been raifed during that period, ia favour of a Popi{h pretender to the crov^ii of thefe kingdoms; from whofe fuccefs, they might have reafonably promifed themfelves fome relaxation, if not an en- tire abrogation of them. And all the re- ward I am told, they expeft for this fignal perfeverance in duty and allegiance, is to be allowed to partake of that common juftice and chriftian liberty, which evea the fedaries among you, and they not the beft of fubjeds neither, are permitted to enjoy by the laws of your country, viz- " a legal toleration to profefs, and openly ** acknowledge, upon every occalion, the '* religion of their confciences, without ** fuffering thereby, any lofs or prejudice, " either in their perfons or fortunes." And furely. Sir, that reward cannot in reafon be longer withheld from them; for, be-
fides
* In the year 17 15, and 174J.
I 64 ]
lides what has been already mentioned, how inconfiflent mufl: it appear, if the fame government, which confcious of the obhgation of public faith, and heedlefs of the clamours of ill defigning men, has granted to the Papifls of Canada (though remote in their fituation, and aliens by- birth) the full benefit of their late articles for fuch toleration, flioiild ftill continue to deprive thofe of Ireland (who are its natu- ral-born fubjeds, refiding in the bofom of the empire, and under its immediate in - fpedion) of thofe advantages, to which they are equally entitled, by the like fo- iemn engagements. Farewell.
London, Sept. 20th, 1777.
THE
THE
CIVIL AND MILITARY
ARTICLES
O F
LIMERICK'
EXACTLY PRINTED EROM THE
LETTERS PATENTS:
WHEREIN
They are ratified and exemplified by their Majesties, under the Great Ssai, of England.
THE
CIVIL AND MILITARY ARTICLES
O F
L I M E li I G Ki
WILLIAM and Mary, by the Grace of God, C^c. To all to whom thefe Prefents lliali come, Greeting. Whereas certain Articles, bearing Date the third Day of October lad paft, Made and Agreed on between Our Jullices of Our Kingdom of Irelandt and Our General of Our Forces there on the one Part ; and feveral Oillcers there, Commanding within the City of Li- merick in Our faid Kingciom, on tr.e other Part. Whereby Our faid Jufticcs and Ge- neral did undertake that We fhould ratify thofe Articles, within the Space of eight Months, or fooner ; and ufe their utniolt Endeavours that the fame ftiould be Rati- fied and Confirmed in Parliament. The Tenour of which faid Articles, is as follows, *vizi
K AR-
[ 68 ] A R 1 I G L E S
Agreed upon the third Day of Oiftobcr, Oiie ^'houfand Six Hundred and Ninety One,
Between the Right llonoiirable Sir Charles Portery Knight, and Tb^?nas CoJiningJby, Efq -y Lords Judiccs of Ireland y and his Excellency ths Baron De Gi?ickle, Lieu- tenant General, and Commander in Chief of (lie EngliJJj Army; on the one Fart,
And the Right Honourable Patrick Earl of Liican^ Piercy Vikount Gallmcy, Co- lonel Nicholas Ptircel, Colonel Nicholas Ciifacky Sir T^oby Butler, Colonel Garret Dillon, and Colonel John Brown ; on the other Part :
In the behalf of t;ic//7}'Z- Inhabitants in the City and County of Liinerick, the Coun- ties of Clare, Kerry, Cork, Sligo, and Mayo,
In Conjideration of the Surrender of the City of Limerick, and other yjgreements made
bi tween
i f9 ]
fi'i-uw'/i rk' ftid Licuti'/iiVif Gcficw:! Ginckle, tbc Governor of tin' City of Li- merick, and the Generals of tkc Irilh Ar^ nty, bearing Date with tbefe Prfents, for the Surrender of the fiid City, and Sub- mijjion of' i be f aid Army : It is agrec'd, That
Art. I. ' I ^ H E Roman -CnthJich of this |_ Kliigdoni [hall cnj. V iuch Privileges in the Exercifc of their Rcli\;ion, as are conlirteut with the Laws of Irebnd ; or as they did enjoy in t!^e Reign of King Charles the IL And tlieir IMajeilici;, as foon as their Alt'iirs will permit tlicm to fummon a ParliamciU in this Kingdom, will endeavour to procure the iiiid Rcnian- CuiboJicks fach iurther Security in thit Particular, as may prefcrve thcni from anv DilUirbance upon the Accouiit of their fai j Religion.
Art. U. All the inhabitants or Rcfi- dents ol Lijnerickt or any other Garrifon now in the Polleiiion of tiiC Irifh^ and all
Officers and Soldiers, now in Arms, under
any
[ 7° ]
any CommifTion of King James, or thofe authorized by him, to grant the lame in the levcral Counties of Li?nericky Clare, Kerry, Cork, and Mayo, or any of them ; and all the Commiirioned Officers in their Ma- jefties Quarters, that belong to the Irifi Regiments, now in being, that are treated with, and who are not prifoncrs of War, or have taken protedlion, and vvho (hall re- turn and fubmit to their Miijefties obedi- ence ; and their and every of their Heirs ^ fhall hold, poifefs and enjoy, ail and every their Ellates of Free-hold, and inheritance : and all the Rights, Titles and Interefts, Privi- leges and Immunities, which they, and eve- ry, or any of them held, enjoyed, or were rightfully and lawfully intitled to, in the l^eigu of King Charles II. or at any time fince, by the Laws and Statutes that were in Force in the faid Rtign of King Charles il. and fliall be put in poireflion, by order of the Governm.ent, of fuch of them as are in the King's Hands, or the Hands of his Tenants, without being put to any fuit or trouble therein -, and all fuch Eflates (iiall be freed and difcharged froin all arrears
of
[ 7' ]
of Crown-rents, Quit-rents, and other publick charges, incurred and become due fince Michaelmas 1688, to the day of the date hereof : And all Perfons comprehend- ed in this Article, (hall have, hold, and en- joy all their Goods and Chattels, real and perfonal, to them, or any of them belong- ing, and remaning either in their own hands, or the hands of any perfons what- foever, in truil for, or for the ufe of them, or any of them : And all and every the faid ferjons, of 'what Frojejjion, Tirade, or Calling Jocver they be, fliall and may ufe, exercife and prac^ife their feveral and refpedive Pro- fcflions. Trades and Callings, as freely as they did ufe, exercife and enjoy the fame in the Reign of King Charles II. Provid- ed, that nothing in this Article contained, be conftrued to extend to, or reftore any forfeiting perfon now out of the Kingdom, except what are hereafter comprized : Pro- vided alfo, Thjtno perfon whatfoever fhall have or enjoy the benefit of this Article, that fliall neglect or refufe to take the Oath of Allegiance, made by a<ft of Parliament
in
[ 72 ]
in EnglaJidy In the firft year of the Reign of their prefent Majeflies, v/hen thereunto required.
Art. III. All Merchants, or reputed Merchants of the City of Limerick, or of any other Garrifon" now pofTeffed by the IriJJj, or of any Town or Place in the Coun- ties of Clare or Kerry ^ who are abfent be- yond the Seas, that have not bore arms (ince their Majefties declaration mFebruary 1 688, fhall have the benefit of the fecond article, in the fame manner, as if they were pre- fent j provided, fuch Merchants, and reputed Merchants, do repair into this Kingdom \vithin the fpace of eight months after the date hereof.
Art- IV. The follov/ing Officers, viz. Colonel Simon Lutterel, Captain Rowland White, Maurice Eujlace of Termanjlown, Chievers of May/ioivn, commonly called Mount- Leinjier, now belonging to the Re- giments in the aforefaid Garrifons and quarters of the IrifJj army, who were be- yond the Seas, and fent thither upon affairs
of
[ 7Z ]
of their refpedlive Regiments, or the Army in general, fhall have the benefit and advan- tage of the fecond article; provided x\\ty re- turn hither within the fpace of eight months from the date of thefe prefents, and fubmit to their Majefties Government, and take the above mentioned oath.
Art. V. That all and fingular, the faid Perfons comprized in the fecond and third articles, fhall have ageneral pardon ofallAt- tainders, Ontlawries, Trcafons, Mifprifions of Treafon, Premunires, Felonies, Tref- pafTes, and other Crimes and Mifdemeanors whatfoever, by them, or any of them, com- mitted fince the beginning of the Reign of King 'James II. and if any of them are at- tainted by Parliament, the Lords JulHces, and General, will ufe their beft endeavours to get the fame repealed by parliament, and the outlawries to be reverfed Gratis, all but writing-clerks Fees.
'£>
Art. VI. And whereas thefe prefent wars have drav/non great violences on both parts, and that if leave were given to the
brincrino;
[ 74 ]
bringing all forts of private anions, the inl- niolitics would probably continue, that have been too long on foot, and the publick dif- turbances lail : for the quieting and fet- tling therefore of this Kingdom, anji:av,oid* ing thofe inconveniences which would be the necceiTary confequence of the contrary, no Perfon or Perfonsvvhatfoevcr, comprized in the foregoing articles, fhall be fued, mo- leftedi or impleaded at the fuit of any party pr parties whatfoever, for any trefpaJfes by them committed, or for any Arms,. Horfesj Money, Goods, Chattels, Merchandizes^ or Providons whatfoever, by them feized or taken, during the time of the war. And no Perfon or Perfons whatfoever, in the fecond or third articles -comprized, fhall be fued, impleaded, or made accountable for the Rents or mean Rates of any Lands, Te- nements, or Houfes, by him or them re- ceived, or enjoyed in this Kingdom, fince the beginning of the prefent war, to the day of the date hereof, nor for any wafte or trefpafs, by him or them committed in any fuch Lands, Tenements, or Ploufes :
and
[ 75 3
and it is alio agreed, that this article fhali be mutual, and reciprocal, on both lides.
Art. VII. Every Nobleman and Geji- tleman comprized in the laid fecond and third articles, (hali have liberty to ride with a Sword, and cafe of Piflols, if they think fit j and keep a Gun in their Houfes, for the defence of the fame, or for Fowling.
Art. VIII. The inhabitants and refi- dents in the city of Limerick, and other Gar- rilbns, fhall be permitted to remove their Goods, Chattels^ and Provifons, out of the fame, without being viewed and fearchedi t)r paying any manner of duties, and fhall not be compelled to leave the Houfes or Lodgings they now have, for the fpace of fix weeks next enfuing the date hereof.
Art. IX. The oath to be admlniflred to' fuch 'Roman-Cathoiicks as fubmit to their Majefties Government, fliall be the oath a- bovefaid, and no, other.
Art. X. No Perfon or Perfons, who
fhall at any time hereafcer break thefc ar-
L tides.
[ 76 ]
tides, or any of them, CiwW thereby make, or caufe any other perion or perfons, to for- feit cr lofe the benefit of the fame.
Art. XI. The lords juftices* and ge- neral do promife to life their utmoft en- deavours, that all the perfons comprehended in the above mentioned articles, fliail be prote^Sled and defended from all arrefts and executions for debt or damage, for the fpace of eight months, next enfuing .the date hereof.
Art. Xlf. The lords juftices and ge- neral do undertake, that their majefties will ratify thefe articles, within the fpace of eight months, or fooner, and ufe their utmoll; endeavours, that the fame fhall be ratified and confirmed in parliament.
Art. XIIT. Laflly, And v/hereas Colo- nel Jo/j?2 Brown flood indebted to feveral Proteftants, by judgments of record; which appearing to the Lte government, the Lord
Tyrcotinelt
♦ Thefe lords juftices were then lords of the regency in Ireland f as there was no Lord Lieutenant there.
[ 77 ]
'tyrconneJ, and Lord Lucan, took away the effccis the faid JoJon Brown had to an- fvver the laid debts, and promiied to clear the faid John Bj'-own of the faid debts; which effeds were taken for the public ufe of the Infiy and their army : for free- ing the faid Lord Lucan of his faid engage- ment, paffc^d on their public account, for payment of the faid Proteftants, and for preventing the ruin of the faid john Browns and for fatisfadion of his creditors, at the inlhnce of the Lord Lucan, and the reft of the perfons aforefaid, it is agreed, that the faid lords juflices, and the faid baron de Ginckle, lliall intercede with the king and parliament, to have the eftates f^cared to Roman Catholics^ by articles and capitu- lation in this kin L^dom, charged with, and equally liable to trie payment of fo much of the faid debts^ as the faid Lord Lucan y upon ftating accompts with the faid John Brown, (hall certify under his hand, that the effects taken from the faid Brown a- mount unto; which accompt is to be flated, and the balance certified by the
Lord
[ 7« ]
Lord Lucan in cnc and twenty days cficr the date hereof:
For the true performance hereof, we have hereunto fet our hands,
Prefent, Char. Porter.
Scravemore. T/ro. Coningjhy.
a. Maccay. B^iV. DeGinckle. ^- 'Talmafii.
\N D whereas the faid city o^ Limerick h.ith been fitice, in purfuance of the faid articles, ^ furrendered unto us, tioiv- knoiv ye, that we having confidered of the faid articles, are gracioufly plcafcd hereby to declare, that we do for us, our heirs and fucce0br.s, as fir as in lis lies, ratifie and confirm the fime, and every claufe, matter and thing therein contained. And as to fuch parts tliereof, for which :^n act ci parliament (liall be found to be neceila- ry, we fimll recommend the {■^^■rriQ, to be made good by parliament, and iliall give
our
[ 79 ]
cnr royal afient to any bill or bills, that Hiall be pafTed by our two Houfes of Par^ liaaient to that purpofe. And whereas it appears unto us, that it was agreed be- tween the parties to the faid articles, that after the words Limerick, Clare, Kerry, Corky Mayo, or any of them, in the fecond of the faid articles, the words following, foiz. and allfuch as are under their prat eSi ion in the faid counties, {hould be inferted, and be part of the faid articles : which words having been cafually omitted by the writer, the omiffion was not difcovered till after the faid articles were figned, but was ta- ken notice of before the fecond town was furrendered : and that our faid juftices and genera], or one of them, did promife that the faid claufe (liould be made good, it being within the intention of the capitu- lation, and inferted in the foul draught thereof: our further will and pleafure is^ and we do hereby ratify and confirm the faid omitted words, viz. \_And allfuch as are finder their proteBion in the faid counties] Hereby for us, our heirs and fucceflbrs, prdaining. and declaring, that all and every
perfon
^
^M..
r So ]
perfon and perfons therein concerned, fhall and may have, receive, and enjoy the be- nefit thereof, in fuch and the fame man- ner, as if the laid words had been inferted in their proper place, in the fald fccond article 3 any omiiTion, defed, or miftake in the faid fecond article, in any wife not- withstanding. Provided always, and our will and pleafure is, that thefe our letters patents fliall be enrolled in our court of Chancery, in our faid kingdom ot Ireland, Within t'le fpace of one year next enfuing. In witnefs, 6cc. Wltnefs our feai at Weft- m'mjler, the twenty-fourth day of February, anno regni regis ©' regina Gulielmi ^ Ma- ria? quarto per breve de privato Jigtllo. Nos aiitem tenorem premijjhr. prcdiSt. Ad requifi- tionem attomat, general, domini regis G? do- mince regince pro regno IIiberniiE. duximiis exempli fie and. per prejentes. in cujus rei tejli" mcnium has lit eras nofir as fieri fecinms pate fl- ies. Teftibus n:bis ipjis apud Weltmon, cuinto die Aprilis, annoq. regni eorum quarto.
BRIDGES.
'Exnminat. J S. Keck 7 In Cancel,
per nos ( Lacon Wm, Chllde \ Magifiros,
The Oath of Fidelity or Allegiance re- quired by the fecond Article of this Treaty,
I. A. B. do Jincerely Pro?m/e and S-wear, that I will be fa'ithjuly and bear true Allegi- ance to their Majejiies King William and ^een Mary.
So Help me God.
\
f^^