ducted out of what is to be paid for the provifions to be furnished to the troops on ship-board.

XXVII. That there fhall be a ceffation of arms at land, as also at fea, with respect to the fhips, whether English, Dutch, or French, designed for the tranfportation of the faid troops, until they shall be returned to their respective harbours; and that, on both fides, they shall be furnished with fufficient passports both for fhips and men; and if any fea-commander, or captain of a ship, or any officer, trooper, dragoon, foldier, or any other person, shall act contrary to this cessation, the perfons fo acting shall be punished on either fide, and fatisfaction fhall be made for the wrong that is done; and officers fhall be fent to the mouth of the river of Limerick, to give notice to the commanders of the English and French fleets of the prefent conjuncture, that they may obferve the ceffation of arms accordingly.

XXVIII. That for the fecurity of the execution of this prefent capitulation, and of each article therein contained, the befieged shall give the following hostages and the General shall give

XXIX. If before this capitulation is fully executed, there happens any change in the government, or command of the army, which is now commanded by General Ginckle; all thofe that shall be appointed to command the fame, shall be obliged to obferve and execute what is specified in thefe articles, or caufe it to be executed punctually, and fhall not act contrary on any

account.

Oct. 19.

BARON DE GINCKLE.

If this treaty is only confidered according to thofe rules of common morality, which influence the conduct of man to man; if, in proportion to the great advantages which England derived from it, she was bound to conftrue it with liberality, as well as to execute it with good faith; then the Irish Catholics must be considered as placed by it in a fituation of complete equality with their Protestant countrymen. The free exercise of their religion was granted in the most unqualified manner: Security of property was as fully confirmed to them. In regard to perfonal fecurity, they were pardoned all misdemeanours whatsoever of which they had been guilty, and were restored to all the rights, liberties, privileges, and immunities, which, by the laws of the land, and customs, conftitutions, and native birthright, they, any, and every of them, were equally with every other of their fellow-fubjects entitled to.* The practice of the feveral trades or profeffions was fecured to them. They were allowed the use of arms, fome of them fpecially, but all of them in confequence of no limitation or exception to the contrary; and they were left at liberty to vote for members of Parliament,

E

Sir Theobald Butler's fpeech, vide Appendix, No. I.

liament, and to fit in Parliament.

The laws, even, which were in force against the Catholics when the treaty took place, ought, according to the first article, to have been repealed;† because

their

*The articles of Limerick were figned by De Ginckle on the 3d of October, 1691. The English Parliament that paffed the act of 3d William and Mary, c. 2. by which Irish peers and members of Parliament were first required to take the oath of fupremacy, met on the 22d October, 1691. According to the conftitution of Ireland, as granted by Henry 2d, and confirmed in 1782, this act of 3d William and Mary, c. 2. was not binding in Ireland; and, though the Catholics fubmitted to it, they were not legally excluded from Parliament till the 22d year of his present Majesty's reign.

+ These laws were, 1ft. An act against the authority of the See of Rome. It enacts, that no perfon fhall attribute any jurifdiction to the See of Rome; that the person offending to be subject to a premunire; and, that all who have any office from the King, every perfon entering into orders, or taking a degree in the Univerfity, fhall take the oath of fupremacy.

2d. An act restoring to the Crown the antient jurisdiction over the State, ecclefiaftical and fpiritual. It likewise enacts that every ecclefiaftical person, every person accepting office, fhall take the oath of fupremacy.

3d. An act for the uniformity of common prayer. It enacts, that every perfon, having no lawful excufe to be abfent, fhall, every Sunday, refort to fome place of worship of the established Church, or forfeit 12d.

4th. An act, by which the Chancellor may appoint a guardian to the child of a Catholic.

their Majesties engaged, by this article, to obtain for the Catholics fuch further fecurity, in respect to the exercise of their religion, as might preserve diffent: them from any disturbance on account of that religion. It is impoffible for any other fair construction to be given of this article, than that which is here given. It would be beneath the dignity, and wholly inconfiftent with that character for good faith, of which it has always been the pride of England to boaft, to attempt to apply any other meaning to it. No doubt there are those who would wish to act, on all occafions, towards the Catholics, according to that system of perverted morality which the powerful always impose on the weak; but, fo long as the true principles of justice shall have their due influence, the majority of mankind can never consider this firft article of the treaty of Limerick in any other light, than as at complete

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5th, An act, by which no Catholic schoolmaster can teach in a private house without a license from the ordinary of his diocese, and taking the oath of fupremacy.

6th, The new rules, by which no perfon can be admitted into any corporation without taking the oath of fupremacy.

This statement is taken from the Report of the Committee of the House of Commons, appointed, in 1697, to confider what penal laws were then in force against the Catholics.-Com. Jour. v.

complete and perpetual exemption of the Irish Catholics from all political and religious difqualification on account of their religion. This treaty has been very accurately described as the great charter of the civil and religious liberty of the Catholics; and though not hitherto obferved as fuch by the English Government, the Catholics have a right (which time cannot efface nor perfidy destroy) to recur to its ftipulations; and if an English Government can act with justice towards them, their appeal will not for ever be made in vain.

Though William had bound himself by this treaty to call a Parliament as foon as his affairs would admit, and to obtain from it the ratification of the treaty, he diffolved the first Parliament of his reign, which had met on the 5th October, 1692, in September, 1693, without propofing to them any fuch measure. He was further guilty of a want of attention to his engagement, by not fummoning another Parliament till the 27th April, 1695; and, when this Parliament did meet, he feems to have entirely forgotten, that his own faith,

* Smollet,