adopted by a similar law of England, which would render the brave and loyal Catholic eligible to military service in any part of the British empire, wherever exigency might call him.

The lord chancellor opposed the principle of this amendment, the clause merely went to enable the Catholics to accept a military employment; but it could not be supposed his majesty would appoint a man to such a post, until the laws of the empire should fully qualify him to act in every part of it. It was more than probable, a similar law to this would be adopted in England, before the lapse of two months, and on this ground the amendment would be wholly unnecessary. The duke of Leinster opposed the amendment as unnecessary, and wished to raise the bravery and prowess of the Irish Catholic, attached to the service of his country. Lord Bellamont supported the amendment, as tending to accelerate a law in England, similar to the present. After some further debate, the amendment was withdrawn.

Ten years have elapsed since the chancellor's supposition of a similar law being passed in England. None such has yet passed: but the incorporate union of the kingdoms must necessarily disclose, to every thinking mind, the necessity of some imperial regulation of the army and navy of Great Britain.* It is impossible to expect, that the British navy and army should be fairly and cordially recruited from that fertile nursery of sailors and sol

Incredible as it may appear, that during the course of the last war upwards of 270,000 men were recruited from Ireland to serve his majesty in the navy and the army, the wonder will increase, when it is known, that by 1 Geo. 1. c. 13. s. 1. every person who shall receive pay, salary, fee or wages in the service or employment of his majesty, must take and subscribe the oaths of supremacy and abjuration within three months from entering into such capacity. By section viii. every such person neglecting and refusing so to do, is disabled from thenceforth to sue or use any action, bill, plaint, or information in any court of law, or to prosecute any suit in any court of equity, or to be guardian of any child, or executor or administrator of any person, or capable of any legacy or deed of gift, or to be in any office within the realm of Great Britain, or to vote at any election for members to serve in parliament, and shall forfeit the sum of 500l. to be recovered by him or them that shall sue for the same. And to shew, that this civil death is intended to be inflicted upon common soldiers and sailors as well as officers, section xxx. especially enables his majesty to grant commissions under the great seal to such person or persons, as to his majesty shall seem meet, to empower him and them to administer these oaths to seamen and private soldiers, and seamen and soldiers are thereby enjoined and required to take the same, upon the pains and penalties in the act mentioned, in case of refusal thereof: and section xxxi. provides, that no seaman or soldier, under the degree of a commission or warrant officer, shall be obliged to pay any fee or reward on taking the said oaths. Serious doubts must have arisen upon the operation of this act of Geo. I. in Ireland: some doubt may be entertained, whether the words of the Irish statute enabling Catholics to enjoy civil and military offices, or places of trust or profit under his majesty in that kingdom, repealed the act of Geo. I. as to seamen or common soldiers in Ireland: certainly the Irish act could not screen a seamen or soldier from the penalties of the British act, from the moment he quitted the jurisdiction of the late parliament of Ireland.

diers, whilst the British act subsists, which renders it illegal and penal even for a common soldier or sailor, professing the Roman Catholic religion, to serve his country in either of those capacities.

The passing of the Roman Catholic bill in this session was a matter of the most serious importance to the political existence of that kingdom.* It was undoubtedly a vast accession of benefit

By this act the present state of the Roman Catholics of Ireland is settled. The vague term of Catholic emancipation was used before the passing of this act: it had survived it. Every man appears to annex his own meaning to it. I submit to the view of the reader the form of the act, that he may fairly judge of the civil freedom, which the Irish Catholic now enjoys, and that which he is deprived of.

"33 GEO. III. c. xxi.

*An Act for the Relief of his Majesty's Popish or Roman Catholic Subjects of "Ireland.

"WHEREAS various acts of parliament have been passed, imposing on his “ majesty's subjects professing the Roman Catholic religion, many restraints "and disabilities, to which other subjects of this realm are not liable; and from "the peaceable and loyal demeanour of his majesty's Popish or Roman Catholic subjects, it is fit that such restraints and disabilities shall be discontinued: "Be it therefore enacted, by the king's most excellent majesty, by and with "the advice and consent of the lords spiritual and temporal, and commons in "this present parliament assembled, and by the authority of the same, That "his majesty's subjects, being Papists, or persons professing the Popish or "Roman Catholic religion, or married to Papists or persons professing the Popish or Roman Catholic religion, or educating any of their children in that "religion, shall not be liable or subject to any penalties, forfeitures, disabilities, "or incapacities, or to any laws for the limitation, charging, or discovering of "their estates and property, real or personal, or touching the acquiring of "property or securities effecting property; save such as his majesty's subjects "of the Protestant religion are liable and subject to; and that such parts of "all oaths as are required to be taken by persons in order to qualify themselves "for voting at elections of members to serve in parliament; and also such parts "of all oaths required to be taken by persons voting at elections for members "to serve in parliament, as import to deny that the person taking the same is "a Papist or married to a Papist, or educates his children in the Popish reli"gion, shall not hereafter be required to be taken by any voter, but shall be "omitted by the person administering the same; and that it shall not be necessary, in order to entitle a Papist, or person professing the Popish or Roman "Catholic religion to vote at an election of members to serve in parliament, "that he should at, or previous to his voting, take the oaths of allegiance and "abjuration, any statute now in force to the contrary of any of the said matters "in any wise notwithstanding.

"II. Provided always, and be it further enacted, That all Papists or persons "professing the Popish or Roman Catholic religion, who may claim to have a " right of voting for members to serve in parliament, or of voting for magis"trates in any city, town corporate, or borough, within this kingdom, be hereby "required to perform all qualifications, registries, and other requisites, which "are now required of his majesty's Protestant subjects, in like cases, by any "law or laws now of force in this kingdom, save and except such oaths and "parts of oaths as are herein before excepted.

"III. And provided always, That nothing hereinbefore contained shall extend, " or be construed to extend to repeal, or alter any law or act of parliament now * in force, by which certain qualifications are required to be performed by per.

to that body, whether it were to be called indulgence, concession, or recognition of right. Considering the long series of oppression and bondage which they had groaned under, the happiness of their delivery was in a peculiar manner owing to the parental tender

sons enjoying any offices or places of trust under his majesty, his heirs and successors, other than as herein after is enacted

IV. Provided also, That nothing herein contained, shall extend, or be construed to extend to give Papists, or persons professing the Popish reli"gion, a right to vote at any parish vestry, for levving of money to rebuild or "repair any parish church, or respecting the demising or disposal of the income "of any estate belonging to any church or parish, or for the salary of the paris! "clerk, or at the election of any church-warden

"V. Provided always, That nothing contained in this act shall extend to, "or be construed to affect any action or suit now depending, which shall have "been brought or instituted previous to the commencement of this session of "parliament.

"VI. Provided also, That nothing herein contained, shall extend to autho"rize any Papist, or person professing the Popish or Roman Catholic religion, "to have or keep in his hands or possession, any arms, armour, ammunition, or any warlike stores, sword-blades, barrels, locks, or stocks of guns, or fire "arms, or to exempt such person from any forfeiture, or penalty inflicted by any act respecting arms, armour, or ammunition, in the hands or possession "of any Papist, or respecting Papists having or keeping such warlike stores, save and except Papists, or persons of the Roman Catholic religion, seized "of a freehold estate of one hundred pounds a year, or possessed of a personal "estate of one thousand pounds or upwards, who are hereby authorized to keep arms and ammunition as Protestants now by law may; and also, save and "except Papists or Roman Catholics possessing a freehold estate of ten pounds yearly value, and less than one hundred pounds, or a personal estate of three "hundred, and less than one thousand pounds, who shall have at the session "of the peace in the county in which they reside, taken the oath of allegiance prescribed to be taken by an act passed in the thirteenth and fourteenth years "of his present majesty's reign, entitled, An act to enable his Majesty's subjects, of whatever persuasion, to testify their allegiance to him; and also in open "court, swear and subscribe an affidavit, that they are possessed of a freehold "estate, yielding a clear yearly profit to the person making the same, of ten 66 pounds, or a personal property of three hundred pounds above his just debts, "specifying therein the name and nature of such freehold, and nature of such "personal property, which affidavits shall be carefully preserved by the clerk of the peace, who shall have for his trouble a fee of six-pence, and no more, "for every such affidavit; and the person making such affidavits, and possessing "such property, may keep and use arms and ammunition as Protestants may, so long as they shall respectively possess a property of the annual value of "ten pounds, and upwards, if freehold, or the value of three hundred pounds "if personal, any statute to the contrary notwithstanding.

67

"VII. And be it enacted, That it shall and may be lawful for Papists, or "" persons professing the Popish or Roman Catholic religion, to hold, exercise, "and enjoy all civil and military offices, or places of trust or profit under his "majesty, his heirs, and successors, in this kingdom; and to hold or take degrees, or any professorship in, or be masters, or fellows of any college, to be "hereafter founded in this kingdom, provided that such college shall be a "member of the University of Dublin, and shall not be founded exclusively "for the education of Papists, or persons professing the Popish or Roman "Catholic religion, nor consist exclusively of masters, fellows, or other persons to be named or elected on the foundation of such college, being persons "professing the Popish or Roman Catholic religion, or to hold any office or place of trust in, and to be a member of any lay-body corporate, except the

66

64

ness of his majesty to his Irish Catholic subjects, whom he thus relieved, as it were in defiance of the bigotry and cruelty of their own countrymen. This great act of national justice and policy was wrung from the Irish parliament by the irresistible power of

"college of the holy and undivided Trinity of Queen Elizabeth, near Dublin, "without taking and subscribing the oaths of allegiance, supremacy, or abjura. "tion, or making or subscribing the declaration required to be taken, made, "and subscribed, to enable any such person to hold and enjoy any of such "places, and without receiving the sacrament of the Lord's supper, according to the rights and ceremonies of the church of Ireland, any law, statute, or "by-law of any corporation to the contrary notwithstanding; provided that "every such person shall take and subscribe the oath appointed by the said act "passed in the thirteenth and fourteenth years of his majesty's reign, entitled, "An act to enable his majesty's subjects, of whatever persuasion, to testify "their allegiance to him; and also the oath and declaration following, that is

"to say:

"I A. B. do hereby declare, that I do profess the Roman Catholic religion. “I A. B. do swear, that I do abjure, condemn, and detest, as unchristian and "impious, the principle that it is lawful to murder, destroy, or any ways injure

any person whatsoever, for, or under the pretence of being an heretic; and I "do declare solemnly before God, that I believe, that no act in itself unjust, "immoral, or wicked, can ever be justified or excused by, or under pretence, "or colour, that it was done either for the good of the church, or in obedience "to any ecclesiastical power whatsoever. I also declare, that it is not an arti"cle of the Catholic faith, neither am I thereby required to believe or profess, "that the Pope is infallible, or that I am bound to obey an order in its own "nature immoral, though the Pope or any ecclesiastical power should issue or "direct such order, but, on the contrary, I hold, that it would be sinful in me "to pay any respect or obedience thereto; I further declare, that I do not be. "lieve that any sin whatsoever committed by me can be forgiven at the mere "will of any Pope, or any priest, or of any person whatsoever; but that sincere "sorrow for past sins, a firm and sincere resolution to avoid future guilt, and "to atone to God, are previous and indispensible requisites to establish a well"founded expectation of forgiveness, and that any person, who receives abso"lution without these previous requisites, so far from obtaining thereby any "remission of his sins incurs the additional guilt of violating a sacrament; and * I do swear, that I will defend to the utmost of my power the settlement and "arrangement of property in this country as established by the laws now in "being; I do hereby disclaim, disavow, and solemnly abjure any intention to "subvert the present church establishment for the purpose of substituting a "Catholic establishment in its stead; and I do solemnly swear, that I will not "exercise any privilege, to which I am or may become entitled, to disturb and "weaken the Protestant religion and Protestant government in this kingdom... "So help me God.

« VIII. And be it enacted, That Papists, or persons professing the Popishi, "or Roman Catholic religion, may be capable of being elected professors of "medicine, upon the foundation of sir Patrick Dunn, any law or statute to "the contrary notwithstanding.

"IX. Provided always, and be it enacted, That nothing herein contained "shall extend, or be construed to extend to enable any person to sit or vote in "either house of parliament, or to hold, exercise, or enjoy the office of lord "lieutenant, lord deputy, or other chief governor or governors of this king"dom, lord high chancellor or keeper, or commissioner of the great seal of "this kingdom, lord high treasurer, chancellor of the exchequer, chief justice "of the court of King's Bench, or Common Pleas, lord chief baron of the court "of Exchequer, justice of the court of King's Bench or Common Pleas, or baron of the court of Exchequer, judge of the High Court of Admiralty, master or

"

royal benevolence and liberality. Few indeed were the instances of those who dared openly to resist the recommendation of their sovereign. Upon this point, which came under the sanction of royal pupilage and government support, the majority which oc"keeper of therolls, secretary of state, keeper of the privy seal, vice-treasurer, or deputy vice-treasurer, teller and cashier of the Exchequer, or auditor gene"ral, lieutenant or governor, or custos rotulorum of counties, secretary to the "lord lieutenant, lord deputy, or other chief governor or governors of this king"dom, member of his majesty's most honourable privy council, prime serjeant, attorney general, solicitor general, second and third serjeants at law, or king's "council, masters in chancery, provost, or fellow of the college of the holy "undivided Trinity of Queen Elizabeth, near Dublin; post-master general, master, and lieutenant general of his majesty's ordnance, commander in chief "of his majesty's forces, generals on the staff, and sheriffs, and sub-sheriffs of any county in this kingdom; or any office contrary to the rules, orders and directions made and established by the lord lieutenant and council in pur"suance of the act passed in the seventeenth and eighteenth years of king "Charles the second, entitled, An act for the explaining of some doubts arising upon an act, entitled, An act for the better execution of his majesty's gracious declaration for the settlement of this kingdom of Ireland, and "satisfaction of the several interests of adventurers, soldiers, and other his "subjects there, and for making some alterations of, and additions unto the "said act, for the more speedy and effectual settlement of this kingdom, "unless he shall have taken, made, and subscribed the oaths and declarations, "and performed the several requisites, which by any law heretofore made, "and now of force, are required to enable any person to sit or vote, or to hold, 66 exercise, and enjoy the said offices respectively.

"X. Provided also, and be it enacted, That nothing in this act contained "shall enable any Papist, or person professing the Popish or Roman Catholic religion, to exercise any right of presentation to any ecclesiastical benefice whatsoever.

"XI. And be it enacted, That no Papist, or person professing the Popish or "Roman Catholic religion, shall be liable or subject to any penalty for not at"tending divine service on the Sabbath day, called Sunday, in his or her parish "church.

"XII. Provided also, and be it enacted, That nothing herein contained, shall be construed to extend to authorize any Popish priest, or reputed "Popish priest, to celebrate marriage between Protestant and Protestant, or "between any person, who hath been or professed himself or herself to be a "Protestant, at any time within twelve months before such celebration of marriage, and a Papist, unless such Protestant and Papist shall have been first "married by a clergyman of the Protestant religion, and that every Popish "priest, or reputed Popish priest, who shall celebrate any marriage between "two Protestants, or between any such Protestant and Papist, unless such "Protestant and Papist shall have been first married by a clergyman of the "Protestant religion, shall forfeit the sum of five hundred pounds to his ma* jesty, upon conviction thereof.

"XIII. And whereas it may be expedient, in case his majesty, his heirs and "successors shall be pleased so to alter the statutes of the college of the holy "and undivided Trinity near Dublin, and of the University of Dublin, as to "enable persons professing the Roman Catholic religion to enter into or to take "degrees in the said university, to remove any obstacle, which now exists by "statute law; be it enacted, That from and after the first day of June, one "thousand seven hundred and ninety-three, it shall not be necessary for any person upon taking any of the degrees usually conferred by the said univer"sity, to make or subscribe any declaration, or to take any oath, save the "oaths of allegiance and abjuration, any law or statute to the contrary not"withstanding.