they must in each kingdom be possessed of equal powers, or else the peerage of their nation be little more than an empty title, and the commons stand for ever deprived of the privilege of impeaching in parliament, which right could not possibly be maintained, if there were not within the realm a parliamentary judicature. That if the power of judicature may, by a vote of the British lords, be taken away from the parliament of Ireland, no reason could be given why the same lords might not, in the like manner, deprive the people of Ireland of the benefit of their whole constitution. That the lords of Great Britain have not in themselves any way, either by law or custom, of executing their decrees in Ireland. That this could only be accomplished by an extraordinary exertion of royal power, which would be highly prejudicial to the liberties of this nation.

They also inform his majesty, that to prevent the appellant from making farther application to the Irish parliament, his deputy receiver had paid her a sum exceeding eighteen hundred pounds, which, to the prejudice of his majesty's subjects, he'expected would be refunded by government. That these proceedings of the English lords had greatly embarrassed his parliament of Ireland, disgusted the generality of his loyal subjects, and must of necessity expose all sheriffs and officers of justice to the greatest hardships, by this interference of different jurisdictions. They hoped, that all these things being duly considered, his majesty would justify the steps they had taken, for supporting his prerogative, and the just rights and

liberties of themselves and their fellow subjects. But their hope was vain. Their representation and proceedings were laid before the British house of lords. Being read, they resolved, that the barons of the court of exchequer in Ireland, in their proceedings in the cause between Annesly and Sherlock, in obedience to their orders, bad acted with courage according to law, in support of his majesty's prerogative, and with fidelity to the crown of Great Britain. That an humble address be presented to his majesty, to confer on them some mark of his royal favour, as a recompense for the injuries they had received, by being unjustly censured, and illegally imprisoned, for doing their duty. They then passed a law, which declared, that whereas attempts have been lately made, to shake off the subjection of Ireland unto, and dependence upon, the imperial crown of this realm, which will be of dangerous consequence to Great Britain and Ireland. And whereas the lords of Ireland in order thereto, have of late, against law, assumed to themselves a power and jurisdiction to examine, correct, and amend the judgments and decrees of the courts of justice in the kingdom of Ireland; therefore, for the better upon the securing of the dependency of Ireland crown of Great Britain, may it please your majesty, that it may be enacted, and it is hereby declared and 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 the said kingdom of

Ireland hath been, is, and of right ought to be, subordinate unto, and dependent upon the imperial crown of Great Britain, as being inseparably united and annexed thereunto; and that the king's majesty, by and with the advice and consent of the lords spiritual and temporal, and commons of Great Britain, in parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes, of sufficient force and validity to bind the people and the kingdom of Ireland. And it further enacted and declared, that the house of lords of Ireland have not, nor of right ought to have, any jurisdiction to judge of, affirm or reverse any judgment, sentence, or decree, given or made in any court within the said kingdom; and that all proceedings before the said house of lords, upon any such judgment, sentence or decrce, are, and are hereby declared to be, utterly null and void, to all intents and purposes whatsoever.

This thus degraded colonial assembly still gratified their elaborately inculcated prejudices, and their pitiful pride, in the exercise of a delegated, subordinate tyranny, by enforcing penal laws against their catholic countrymen; whilst England continued, with unabating asperity, to inflict political and commercial disabilities on both, the delegates of their tyranny, their negro drivers, as well as on the slaves of slaves.

In the year 1723, the commons unanimously resolved, that it was the indispensable duty of all magistrates to put the laws in immediate execution against popish priests; and that the ne

glect of several magistrates, in executing the laws against papists, did greatly contribute to the growth of popery. The laws for this purpose, however, were not deemed sufficient. A bill was brought in, to explain and amend the acts to prevent the growth of popery. One of the most zealous promoters of it, in a long and laboured speech, took notice, that of all the countries wherein the reformed religion had prevailed, Sweden was freest from those secret, but irreconcilable, enemies of all protestant governments, popish ecclesiastics; which, he said, was visibly owing to the great wisdom of their laws, inflicting the penalty of castration on all such dangerous intruders into that kingdom. And concluded by moving, that this Gothic and inhuman penalty be added as a clause to the bill before them: to which the house, after a short debate, agreed; and ordered it to be laid before his grace the lord lieutenant, to be transmitted into England, with this remarkable request on their part, that he would recommend the same, in the most effectual manner, to his majesty. To which his grace was pleased to answer, that as he had so much at heart a matter, which he had recommended to the consideration of parliament at the beginning of the session, they might de pend upon a due regard, on his part, to what was desired.

The bill was accordingly transmitted to England; but rejected there, by means of the humane and earnest interposition of cardinal Fleury with Mr. Walpole, whose great power and interest at

that juncture were then universally known. His grace the lord lieutenant, in his speech to that parliament, at the close of the session, in order to console them for the loss of their favourite bill, gave them to understand, that it miscarried merely by its not having been brought into the house, before the session was so far advanced. And after earnestly recommending to them, in their several stations, the care and preservation of the public peace, he added, that in his opinion that would be greatly promoted, by the vigorous execution of the laws against popish priests; and that he would contribute his part towards the prevention of that growing evil, by giving proper directions that such persons only should be put into the commission of the peace, as had distinguished themselves by their steady adherence to the protestant interest.*

The distinction between English by birth, and English by descent, was now systematically acted upon. Born in Ireland, was an incapacity to office, that the most decided enmity to the antient faith, and the remnant of the antient natives, could not remove.t

The united voice of the colony, guided by the patriotic Swift, had so little weight, that Wood's patent, to coin copper money, was yielded to it with great difficulty. So base was the metal, that a shilling of his halfpence was scarcely worth a penny. Parliament addressed, the privy council addressed, the corporations addressed his majesty,

* Currie. Hist. Rev. Civil Wars.

+ Boulter's State Letters.