may not believe them even on oath, as they may with the fame propriety fuppofe that they had a difpenfation to fwear falje. ly they had none. The original promoter of the teft declared this fufficiently when he faid, that if all Roman Catholicks unanimously took it, it would be fuppofed they had a difpenfation for doing fo. 4thly. Because the following words of the laft paragraph, and without thinking that I am or can he acquitted, &c. tend to contradict an established doctrine of the Roman Catholick church, which is, that in the church there is vefted a power of examining into the nature of oaths (which are acts of religion) and of determining whether they be, or be not, lawful. -By this the matter of every oath is fubject to the examination of the church. It would therefore be prefumption in any •Roman Catholick to decide for himfelf, that every article of this oath is fo clear to him, that he abfolutely renounces all interpofition of the church to examine into it, and to determine whether it be, or be not, lawful. Moreover to fwear that no authority whatfoever can difpenfe with this oath, or any part thereof, is abfolutely anticonftitutional, and equally inadmiffible to proteftants and Roman Catholicks, for it is certain, that the people of England have formerly difpenfed with oaths of allegiance, and in any great emergency have referved the power of doing fo again, even the late revolution was in a great measure brought about by fuch a dipenfing power, it being indubitable that the parliament is vefted with fuch. Of this high court the learned Black ftone fays, that it has fou reign and uncontrolable authority in making, confirming, enlarging, reftoring, abrogating, repealing, reviving and expounding of laws, concerning matters of all feffible denominations, ecclefiaftical or temporal, &c. It can reguLate, or new model the fucceffion of the crown -it can alter the established religion of the Land--it can change or create afresh the conAitution of the kingdom and ef jarliaments themfelves-it can in fhort do every thing that is not naturally impoffible. And if this be fo, what proteftant or catholick can fwear that no authority whatsoever can difpenfe with the obligation of this oath or any part thereof If in anfwer to the foregoing reafons, it fhould be advanced that the words ought to have, are to be understood, according to the laws of the prefent conftitution, and alfo that the words, no authoNOTE. Book 1. chapter 2. October, 1775. rity whatsoever, mean no foreign authority; let it be confidered whether it is fafe to fwear to an implication in a teft which requires us to take the words in the plain and ordinary sense, and to abjure all mental refervation? The abfurdity would be only equalled by the impiety. Upon the whole, it is the fixed principle of Roman Catholicks to continue liege loyal fubjects under whatsoever government, whether it be under a Conflantime the great, or a Julian the apoftate, they are to obey the fuperior powers, in what regards the public peace and welfare: but when they give to Cæfar what is due to Cufar, let them not forget to give to God what is alfo due to God. Further Reajons. ALL the propofitions or affertions contained in the telt, which by the indulgence of the legiflature the Roman Ca tholicks are permitted to take, are not so effentially or demonfitatively true, as to fecure the fwearer from the poffibility of falling into error or mistake. As it is poffible then, he may fall into fuch, it is poffible alfo he may afterwards difcover the error or mistake and wish to be difengaged from it. But by the tenor of the teft he fwears to abide by the declaration thersin made, and the belief therein expreffed at all event; which in this cafe would oblige him by the most folemn engagement to adhere to erior and oppole truth, than which to a rational chriftian mind, nothing could appear more impious or abfurd. That all the propofitions or affertions of the teft are not effentially or demonfratively true, appears from the undefined and abftrufe doctrine of regal rights and claims, which fome of them contain, and which has divided and fill continues to divide fome of the most learned and clearfighted of mankind. And that the fwearer obliges himself to abide by the oath at all events, apI pears from thefe words of the tell : do folemnly and in the prefence of Gol make this declaration, and every part thereof, in the plain and ordinary fenfe of the words, &c. and without thinking that I am or can be acquitted before God or man, or abfolved of this declaration or any part thereof, although the Pope or any other perfon or perfons, or authority whatfoever fhall difpenfe with or annul the fame, or declare that it was null and void from the beginning."-For by these words authority whatsoever, which being of univerfal import muft neceffarily clude all and every kind of authority, he is to maintain his belief of every articl Iiii in the test, however litigated at prefent, although the authority of the conftitution, although the faculties or authority of his own understanding, nay and even tho' the authority of God himself fhould inpofe and convince him, that his belief refted on an erroneous or mistaken principle. Now thould a perfon fwearing his belief of a propofition or affertion, which is not infallibly or unalterably true, and which confequently may be found afterwards to be erroneous or falfe, fwear at the fame time, that he will shut up every avenue against conviction, and clofe his eyes againit all the lights of poffible truth, fuch a perfon furely may be justly looked upon as either extremely rath, or extremely impious, or extremely igno rant. Again, as the obligation of an oath arifes from the honour and veneration due to the facred name of God, and as the church has an undoubted right to examine into and pronounce upon all fuch obligations, can he be deemed a reverent or obedient child of the church, who will erect himself into a fupreme and uncontroulable tribunal, fet his own lights against thofe of the church, and fwear that he will not believe her, although the would determine or define contrary to his notions? Hence it appears, that the teft, as it now ftands, cannot with a good confcience be taken. The Hiftory of the prefent Seffion of the Irish Parliament. N Tuesday, October 10, his Excellen, y lord Lieutenant went in Rate to the houfe of peers, and opened the feffion with the following (peech from the throne: My Lords and Gentlemen, Your distinguished loyalty to the king; your Just attention to the honour and dignity of his government; and your well regulated zeal for the peace and happiness of your country, have made fo fenfible an impreffion on my mind, during a three years refidence amongst you, that, encouraged by the experience of what I have feen, it is with the molt fincere fatisfaction I meet you again in Parliament, I am perfuaded that you entertain a grateful fenfe of the bleffings you enjoy under the mild and firm government of the belt of fovereigns; and his majefty relies on the known zeal, and loyalty of his fubjects of Ireland, that, whilft his government is disturbed by a rebellion exifting in a part of his American dominions, you will be ready to thew your inviolable attachment to his perfon and government, in the affertion of his just rights, and in the fupport of his legal authority. Gentlemen of the House of Commons, mates to be laid before you, that you may be I am happy to inform you, that, fince your laft meeting, his majefty's tender concern for the welfare of this kingdom, hath induced him to pass several laws in the British parliament highly beneficial to your commerce, your manufactures and your agriculture. By the act which extends the great advantages of British fisheries to Ireland, a fource of induftry and wealth is opened to you, which has made other nations great and flourishing: Let me, therefore, recommend to your earnest attention, the improvement of advantages, tend. ing fo obviously to promote your navigation and trade; in the purfuit of which you may depend upon my warmest affistance and fup. port. The act which allows the cloathing and ac coutrements necessary for his majesty's forces, paid from the revenues of this kingdom, to be exported from Ireland, is a particular mark of the royal favour; and even that which al lows the importation of rape feed inte GreatBritain from this kingdom, under certain regulations, connected with thofe falutary laws paffed in your last seffion, form such a system of agriculture and improvement as will, I truft, fecure riches and plenty to the people of Ireland. A bounty, granted by Great-Britain upon the importation of flax feed, is fo marked a that it becomes needlefs for me to urge the recommendation of the linen manufacture, most persevering application to that staple of your country. The proteftant charter-schools, an inftitution established on the principles of wisdom and humanity, and fo peculiarly adapted to the prefent ftate and circumstances of this kingdom, are eminently entitled to your confideration and care. On my part you may be affured that I fhall continue faithfully to reprefent your loyalty and zeal to his majefty; and that I fhall chearfully co-operate with you in whatever may tend to advance the profperity and happiness of this kingdom. The commons being returned, Mr. Speaker read a copy of his excellency's speech; after which Sir Charles Bingham enlarged on his majefty's goodness to Ireland, and that the grateful fenfe his fubjects ought to entertain of the fame, demanded Åronger expreffions of zeal and duty than ordinary; adding that the acts mentioned in the fpeech had been principally obtained by the attention of lord Harcourt, and the affiduity of Sir John Blaquiere. thought if the houfe was to be cold on the affairs of America, it would make the Americans perfift the longer in their rebellion; but if they were unanimous in their loyalty, it would bring it foon to an end, and prevent other nations from affifting them. He then moved for an addrefs to his majesty, which he read and, it was as pfual, He ufual, a repetition of the speech, in every point, with thanks for continuing lord Harcourt as lord lieutenant. This address was feconded by Blayney Townley Balfour, Efq; Mr. Ponfonby opposed agreeing to that part of the address relative to the Americans: He was forry they were brought into question. It was highly imprudent fo to do, fince the house could not decide upon it, as no man there was master of the subject, for want of proper materials, and proper evidence; nay, even if they had both, it was a fubject too nice, too delicate and too high for the commons of Ireland; befides it was alfo premature, as the British parliament would meet in a few days, and they ought to wait for their determination. That they might, by intermeddling make themselves fubject to requifitions for affiftance, not in their power to give. That taking notice of American affairs was like embarking on the wide Atlantic ocean, without a compafs to fteer by, or provifions for the voyage. He then moved as an amendment, in lieu of the paragraph in the addrefs, to fay," the commons were concerned to fee differences arife between his Majesty's parliament of Great-Britain and his colonies. That they relied on his paternal care to heal this breach, and though they had hitherto been filent on this affair, they should now be wanting in their duty, if they did not exprefs their hopes of a reconciliation, but if after an offer of conciliatory measures, the Americans should still ftand out, his faithful fubjects of Ireland would do their utmost to support him." Mr. Conolly feconded this amendment, and faid he had in the British parliament opposed every act against the Americans; that they ought not to promise any thing on that head, as it would tend to a demand for a fupply to enable Britain to fubdue the colonies, and the next step would be to tax Ireland in the British parliament; for it had been already affeited there, that they had an abfolute right to do fo, without their confent; and that they would effect this by means of the army which they would employ to fubdue the Americans. He continued, Mr. Speaker, I have here, Sir, pardon to ak of that chair, parden to ask of this houfe, pardon to ask of my country for propofing an augmentation of the army; I did it Sir, on the folemn faith of the royal word, that 12,000 men were always to remain in this kingdom, except in cafe of an actual rebellion in Great-Britain [he bere read the paper which conveyed the promise].—I remember, Sir, a venerable fenator, who at that time reprefented this city in parliament, and is fince dead, hobbled from the other fide of the house, and tapping me on the shoulder, faid, "Young man, you know not what you are doing you are putting a sword in the hands of the British minifter, which when he has got, he will cut the throats of our American brethren, and when that is done, he will turn it against ourselves." So firm a reliance had I on the royal word, that I called the good old prophet to order, little thinking, Sir, that I fhould live to fee his prophecy come to pass; for be affured, Sir, it is held as an opinion by fome gentlemen in power, that the British parliament have a right to tax Ireland; and I can declare, Sir, that it is the opinion of a right hon. gentleman who lately took his departure hence from the pigeon house. Mr. George Ogle urged it was wrong to bring even the idea of America into the house; for if you take the part of the Americans you irritate England, and if you affift Britain you thereby vote away your own liberties. That they ought not too haftily fix the ftain of rebellion on two millions of fellow-fubjects. That the English long for the Irish-lands; and if you vote the Americans to be rebels, for refifting a taxation where they are not represented, what can you fay when the English will tax you? The parliament, Sir, is near its diffolution; whether it will fuffer a violent death, or be permitted to die a natural one, I am fure I cannot fay; but either way, it is full time to repent, and much it has to repent of; for during its exiftence many are the ftabs and wounds the conftitution has received from it by the number of bad acts which has been pasfed.-But will you clofe your existence by the worst of all,-annihilate the conftitution-in acknowledging the fupremacy of the British legiflature to tax this country? What will you fay when you rise again before the awful bar of your conftituents? Repentance will not then fave you. Mr. Redmond Morres faid, Mr. fpeaker, if you adopt the refolution as penned, you approve of the violent measures of adminiftration with respect to the Americans, and declare them rebels, neither of which I can do; no one can be a rebel who does not act against law-the Americans act under their charters, and have always taxed themselves, till of late another body of men have usurped that power. If any power on earth, except our own legiflature, should tax me, or attempt to alter our conftitution, I would oppose them-I would refift. I am the firmer in this opinion, because I know my conftituents, in this great metropo◄ lis are of the fame fentiments: And fhall we then, Sir,condemn the Americans who act on the fame principles? They are taxed by a pow er unknown to their conftitution;-they refift -we would do the fame in the like circumftances. Some gentlemen do not approve of the a mendment, because they would rather fhew a difapprobation of the mcafure by not taking notice of that part of the lord lieutenant's speech. The amendment, in my opinion, de clares our difapprobation ftrongly; but if the house should not agree thereto, we may then refolve that the paragraph fhould be expunged, which would aniwer their purpose. Mr. Yelverton faid he expected a different motion from the gentleman who made it, that he could not call the Americans rebels, without at the fame time allowing the right and authority of the British parliament to tax them; and no flavery can be more perfect, than tol taxed where men are not represented. it would be unjust, without the proper evidence for parliamentary information, to pronounce fo great a number of people in rebellion. That there must be an error iomewhere; either the English minitter was a tyrent, aiming to deftroy the just rights of the Americans or the Americans were rebels, in endeavouring to encroach on the conflitution. But it was impoffible for that houfe to determine which, as, the materials were not before them. That, in his opinion, rebellion was an oppofition to lawful authority; but, when that authority was not lawful, refiftance was not rebellion, but a glorious and laudable fruggle for their juft rights and liberties, that they might hand down to their pofterity the conftitution in the fame form they received it from their fathers; in which case, for that houfe of parliament, with out any kind of evidence, to pronounce lo great a people rebels, was cruel and unjust. Sir John Blaquiere replied, that the addrefs was only to teftify cur loyalty, and went no farther that he should not enter into the quel tion, who were the aggreffors, for the original dilpute was loft in the confequences; that he was not empowered to call the Americans by any other name than that of rebels; that no fupply would be asked or expected on their ac count; and that on the Scottish rebellion, and all other wars, the commons always addreffed to declare their loyalty. He added, that any mention in the English houfe of a right to tax Ir land, was only the rafh opinion of fome individuals, not authorized or adopted by govern ment, and was wrong founded; and this addrels would be of great effect to end the quar rel, when the rebels found they could have no countenance from hence. Sir Edward Newenham added, I am against the addrels in every part which relates to America, for I am confident the minifter will foon find his error, and then a reconciliation will take place. Should we wantonly, without having the proper papers before us, interfere between the minifter and the colonies, we may be certain, that whenever a réconciliation takes place, a fingle yard of Irish linen, the only remaining branch of trade we have, will no lon Mr. Huffey Burgh faid, the motion campe ger find vert in America. The flour from on fo fudden, that they had not time to deNew-York, Philadelphia and Maryland, have termine on its merits. No money could be hitherto kept down the price of provifions in voted, without paffing through a phalanx of this country; but fhould this house, without committees: but here a vote of the utmost any neceffity, compliment the capice of the confequence to their liberties was urged in a minister who has occationed this civil war, moment. It might be a feather in the cap. thofe bleffings of the bountiful foil of Ameri- of the minifter, but it had a poitoned dart to ca, will no longer flow into this kingdom. For the interests of Ireland joined to it. Gentleour own honour, for the peace of this country, men might argue on declarations against taxfor our national profperity, let us not compli ing Ireland; but thould thirty thousand English ment away the effential interefts of this king-fwords enforce that doctrine, the eloquence of dom. We have complimented the miniftry in gentlemen would be but a weak defence against one of its darling wishes, the augmentation of them. That they had no evidence on which the army, and what returns of gracious favours they could vote the Americans Tebels except hare we had? None that I know. I do not news-papers; and he hoped the right honourlook upon the late acts of the British legislature able gentlemen would move, that the proper as favours to us. Let them pats fuch bills as officers (printer's devils) fhould lay them before go from this houfe for the good of our own the hou'c, trade and commerce, then we shall thank them july; but these are fubjects for a future day's difcuffion, when I hope that this houfe will, ere its death, thine in the annals of hiftory as a patriot parliament, and not as a mean complying echo of the minifter. A death-bed repentance is fomewhat meritorious, but whether it will be accepted of after a long habit of finning, is a matter much difputed by the molt eminent divines. For my part I am againit every addrets in which America is mentioned, unless it be an addref, advifing his majefty to fufpend the operations of war, and to order his minifters to form a juft and impartial plan of reconciliation; fuch, I am fure, will be readily accepted of. I speak from undoubted authority, as I have the honour to correfpond with feme of the best and greatest men in America. There is another reason, which in my opinion militates against the propofed Befides the above named gentlemen, Mr. Fitzgibbon, Mr. Denis Daly, and Mr. Bary Barry poke in behalf of the amendment; Mr. ferjeant Coppinger, Mr. Mason, Mr. Langrishe, Colonel Brown, Mr. Solicitor General and the honourable Mr. James Brown against it. The houfe divided. Ayes Majority 49 50 Mr. Gardiner then moved to expunge the whole claule relative to the Americans. This motion was oppofed by Colone! Brown, and defended by Capt. Wilfon. The house divided again on the question for retaining the claufe. Ayes Noes Majority 90 50 Ma Majority against the adjournment 43 Sir Charles Bingham agreed to add the word unavoidable before arrears, and then the house agreed to the addrefs, and a committee was pointed to draw it up. his mo.. After all the debates were over, Colonel Rofs , that an humble addrels fhould be pre1... his excellency the lord lieutenant for gracious fpeech from the throne. He was feconded by Sir Archibald Achefon. Wednesday, Oct. 11.] Sir Charles Bingham reported the addrefs to his majefty (fee page 627.) When that claufe relative to the Americans, which had been yesterday the chief bone of contention, was read again, Mr. John Hatch propofed to leave it entirely out; but fince the great majority on the former question for that purpofe fufficiently fhewed him that it was neceffary to take lome notice of the American troubles, and to testify to the king the loya ty of the commons, he wished gentlemen would agree to another claufe which he had framed, and he hoped would fatisfy every member. This claule imported, " to affure his majeity of the zeal and loyalty of his Irish fubjects, who would be ready to teftify their hearty attachment to his perion and government, in all his juft rights, and the fupport of his legal authority, whenfoever his government fhall be difturbed in any, even the most diftant part of his dominions. Though this clause seemed to answer every intention, yet many gentlemen adhered firmly to the words of the addrefs, which were a tranfcript of thole in the fpecch from the throne; and a debate enlued, which was carried on with great eloquence. The arguments of the preceding day were recapitulated, with very few additional reafons; for indeed the fubject had been then fufficiently canvalled, and need not be repeated here; fuch as were either new or fet in a different light, were to the following purport: The eagerness with which gentlemen who fupported the original addi els infifted on the very words, and fo ftrenuously oppofed any alteration, though they carry the fame meaning, leems to evince that fome particular defign was couched under them that it was intended, doubtless, to convey an approbation of thole miniiters whofe councils had caufed and encreafed the troubles in America, and now breathe nothing but terror to its people. These councils might be fatal, and to approve them indifcriminately, without fufficient grounds, (and no evidence was before the houfe) would only affift the British miniftry to deceive the people, and blind the king. It was faid this addreis was intended only to demonftrate the loyalty of the commons; and a right hon. gentleman (Sir John Blaquiere) had declared there was no fupply to be alked now, in confequence of this tellimony. Perhaps none might be asked now; but, in all probability it toon may-and then they might be told they had pledged themfelves to the king, to affift him againit the rebels. But it feemed evident this claufe was inferted for another particular purpofe. Lord Chatham had faid in the British parliament, that Ireland, to a man, was in favour of the Americans; and this addrefs was intended as a reply to that fpeech, and to infinuate that it was the gene. ral fenfe of the Irish nation, expreffed by their reprefentatives, that the Americans were in actual rebellion: But it was well known many gentlemen in the house were of a contrary opinion, as well as the general ty of the perple without doors. An honourable gentleman (Mr. Solicitor general) had yesterday mentioned the proclamation, and mentioned pains and penalties hanging over thofe who fhould a&. contrary thereto; but members of parliament were not to be intimidated by fuch words, from a freedom of speech and a freedom of difcuffion; for proclamations are of no avail, unless fanctified by law;-their intent is not to make law, but to declare and promulgate what the law is. The prefent dispute is not between Ireland and the colonies, with which the hath no connection, but between Great-Britain and her colonics; and it would be as abfurd to take a part, as it would be if they were told a rebellion was broke out in the East-Indies. It was, indeed, an important fubject, as great as ever came before any fenate; but it would be highly imprudent to interfere. It is not clear that any one member is fully mafter of the fubject, or can tell if the Americans are in rebellion, or only in refiftance against those who would deprive them of their chartered rights; and if refiitance against those who would tear their liberties from them is deemed rebellion, all honeft men would be rebels. That thofe who fay this claufe is only to fhew loyalty and zeal, deceive the houfe ;-it is more-it is to decide that the Americans are rebels, without any means of judging clearly they are fo. It is evident they had a tax imposed on them, without their confent, which tax was to be paid into the British treasury, and not to center in the colonies themselves: The refiftance against such taxation ought no more to be filed rebellion than that of the time of the revolution, which was brought about by refifting against oppreffion-Thele arguments were principally uted by Mr. Hatch, Mr. Chapman, Mr. French, Mr. George Montgomery, Mr. Barry Barry, Mr. Ogle, &c. &c. On the other fide, it was urged by Mr. Hel len, captain Jephfon, colonel Burton, and Mr. Carlton, that the words in the addrefs were proper. His majesty had acquainted the house with the moft material and important occurrence that had happened fince the latt session of parliament; and hoped, that whilft his American fubjects had departed from their duty, his subjects of Ireland would lay their hearts |