advantages which the government would thereby reap in its own affairs, both at home and abroad, when its enemies were so powerful, both by sea and land, as to render the peace and settlement of these countries a circumstance of great uncertainty; that these articles were ratified by their late majesties for themselves, their heirs, and successors, and the public faith thereby plighted to all those comprised in these articles, in the most binding manner it was possible for faith to be plighted, and than which nothing could be more sacred and solemn; that, therefore, to violate and break those articles would, on the contrary, be the greatest injustice possible for any one people of the whole world to inflict upon another, and contrary to both the laws of God and man."

He then proceeded to show that the clauses of the bill which take away from Catholics the right to purchase, bequeath, sell, and inherit estates, were infringements of the second article of the treaty; that the ninth clause of the bill, imposing upon Catholics new oaths, was another manifest breach of the articles; for that, by the ninth article, no oath is to be administered to, nor imposed upon, such Catholics as should submit to government, but the oath of allegiance, appointed by an act made in England in the first year of the reign of their late majesties; that the clauses for prohibiting Catholics from residing in Limerick or Galway, from voting at elections without taking certain new oaths, and from possessing advowsons, were likewise infringements on the treaty: "For, if," concludes Sir Theobald Butler, "there were no law in force in the reign of Charles II 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, entitled 'An act to prevent the further growth of Popery,' are directly

against the plain words and true interest and meaning of the said articles, and a violation of the public faith."* In consequence of the passing of this act, and of those other acts of a similar tendency which were passed in the last reign, the Catholics were deprived of all those privileges and immunities which, they trusted, had been secured in consequence of a king of England having bound himself, his heirs, and' successors, to fulfil the conditions of the Treaty of Limerick. In place of being the free subjects of a prince, from whom they were taught to expect nothing but justice and mercy, they were made the slaves of every one, even of the very meanest of their Protestant countrymen. They saw the English government, on whom they had claims for protection, directing, against their own parliament, its fanatic counsels, and confirming its crimes. By the Treaty of Limerick, they were left at liberty to educate and to act as guardians of their own children; by the penal laws, they can neither send them to be educated abroad, nor have them educated at home, nor can they be guardians. of their own, nor of the children of any other persons.

By the Treaty of Limerick, the free exercise of their religion was guaranteed to them; by the penal laws, their chapels are shut up, their priests are banished, and hanged if they return home.

By the Treaty of Limerick, their noblemen and gentlemen were especially allowed the privilege of wearing arms, and the whole body were equally entitled to the same privilege, because, when it was executed, no law existed to the contrary; by the penal laws, no Catholic is permitted to have the use of arms, even of those who were specially comprised in the treaty, except a very few.

By the Treaty of Limerick, Catholics might inter

Curry's "Civil Wars of Ireland," vol. ii, p. 387, App. xvi, wherein the speech of Sir T. Butler is given at length.

marry with Protestants; by the penal laws, this privilege is removed.

By the Treaty of Limerick, the profession of the law was open to them; by these laws, it is taken from them.

By the Treaty of Limerick, the Catholics could purchase, sell, bequeath, and inherit landed property; by the penal laws, they can neither purchase, sell, bequeath, nor inherit landed property, take annuities for lives secured on lands, or any lease of land for more than thirty-one years; nor can they lend money on mortgage,* or invest it in public securities.

By the Treaty of Limerick, the Catholics were left in full enjoyment of every political franchise, except that of holding offices under government, and of becoming members of corporation; by the penal laws, they canno vote at vestries, serve on grand juries, act as constables, or as sheriffs, or under-sheriffs, be magistrates, vote a elections, or sit in parliament.†

By the Treaty of Limerick, they were protected fron› being called upon to take any other oaths besides the oath of allegiance of the 1st William and Mary; by the penal laws, they are required to take the oaths of abjuration and supremacy, and to subscribe declarations against the principal tenets of their religious faith.

By the Treaty of Limerick, they were acknowledged as the free subjects of a British king; by the penal laws,

"The exclusion from the law, from grand juries, from sheriffships and under-sheriffships, as well as from freedom in any corporation, may subject them to dreadful hardships, as it may exclude them wholly from all that is beneficial, and expose them to all that is mischievous, in a trial by jury. This was manifested within my own observation, for I was three times in Ireland, from the year 1760 to the year 1767, where I had sufficient means of information concerning the inhuman proceedings (among which were many cruel murders, besides an infinity of outrages and oppressions, unknown before in a civilized age) which prevailed during that period, in consequence of a pretended conspiracy among Roman Catholics against the king's government."—Burke's Letter to a Peer of Ireland.

they are placed in the double capacity of slaves and enemies of their Protestant countrymen.

Had they become mere slaves, they might have expected some degree of humane treatment; but, as the policy which made them slaves held them out at the same time as the natural and interested enemies of their masters, they were doomed to experience all the oppression of tyranny, without any of the chances, that other slaves enjoy, of their tyrants being merciful from feeling their tyranny secure.

This statement will be sufficient to convince those who really form their political opinions upon principles of justice, that the penal laws never should have been enacted, and that it is the duty of every upright statesman to promote the instant repeal of the whole of them, because it proves a solemn compact entered into between the Catholics and the English government, and the breach of that contract by the English government, notwithstanding the Catholics fulfilled their part of the agreement. How can men gravely and zealously contribute to make perpetual the political disabilities of the Catholics, which were the base and perfidious means adopted by a wicked legislature to influence men's consciences by corrupt motives, and tempt and bribe them to apostasy?

As there are, however, no small number of politicians who, though they would think it praiseworthy to keep a Catholic in a state of slavery, yet would be scandalized at the bare idea of breaking faith with him in any affairs of barter, particularly if they had already received from him their consideration, and that a valuable one, it will be necessary to make some further observations upon the violation of the Treaty of Limerick, in order that no one may have a pretext on which he can escape the fair conclusion that ought to be drawn from what has been advanced, that the English government and nation are, at

this day, bound to make good to the Catholics of Ireland the stipulations contained in that treaty. For, if ever there was an instance in which the consideration that formed. the basis of a treaty should have secured a liberal and a just fulfilment, it was the instance of this Treaty of Limerick.

In the course of the three campaigns during which the war lasted in Ireland, the English army had been defeated on several occasions: in the North, under Schomberg; before Athlone, under Douglass; and before Limerick, under William himself.

The victory of the Boyne was the result of the personal failings of James, not of any deficiency in the number of his army, nor of any want of courage on their part. "Exchange kings," said the Irish officers, " and we will once more fight the battle." St. Ruth had won the battle of Aughrim, and had exclaimed, in an ecstasy of joy, “Now will I drive the English to the walls of Dublin," at the moment the fatal ball struck him.* And at the time the garrison of Limerick capitulated, the Irish army was in a condition to hold out at least another campaign, with a good prospect of being able to restore the fallen fortunes of James. The besieging army had made no impression on the principal part of the city; it was inferior in numbers to that of the garrison; winter was fast approaching, and it so happened that French succors were at this very moment on the coast: yet all these advantages did the Irish army forego, in consideration of the terms which were granted them by the Treaty of Limerick.

On the other hand, in granting these terms, the English government and nation obtained advantages of the utmost importance to themselves; for, as long as James had a powerful army in Ireland,† and nearly one half of the

*Leland, b. vi, cap. 7.

+ 6,000 soldiers actually embarked for France after the surrender of Limerick. See Dr. Duigenan's "Demands of Romanists," p. 60.