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his tithes, and claiming his proportionate increase. No respectable man could brook such inquisition-some, we fear, would endeavour to prevent its effects by clandestine means. The church would be a perpetual scene of disgraceful animosities; and the ears of the bishop never free from the clamours of rapacity and irritation.

It is some slight defect in such a bill that it does not proportion reward to the labour done, but to the wealth of him for whom it is done. The curate of a parish containing 400 persons may be paid as much as another person who has the care of 10,000; for, in England, there is very little proportion between the value of a living, and the quantity of duty to be performed by its clergyman.

The bill does not attain its object in the best way. Let the bishop refuse to allow of any curate upon a living above £500 per annum, who is not a Master of Arts of one of the universities. Such curates will then be obtained at a price which will render it worth the while of such men to take curacies; and such a degree and situation in society will secure good curates much more effectually than the complicated provisions of this bill, for, primâ facie, it appears to us much more probable that a curate should be respectable who is a Master of Arts in some English university, than if all that we knew about him was that he had a fifth of the profits of the living. The object is to fix a good clergyman in a parish. The law will not trust the non-resident rector to fix both the price and the person; but fixes the price, and then leaves him the choice of the person. Our plan is to fix upon the description of person, and then to leave the price to find its level; for the good price by no means implies a good person, but the good person will be sure to get a good price. Where the living will admit of it, we have commonly observed that the English clergy are desirous of putting in a proper substitute. If this be so, the bill is unnecessary; for it proceeds on the very contrary supposition, that the great mass of opulent clergy consult nothing but economy in the choice of their curates.

It is very galling and irksome to any class of men to be compelled to disclose their private circumstances: a provision contained in and absolutely necessary to this bill, under which the diocesan can always compel the minister to disclose the full value of his living.

After all, however, the main and conclusive objection to the bill is that its provisions are drawn from such erroneous principles, and betray such gross ignorance of human nature, that though it would infallibly produce a thousand mischiefs foreseen and not foreseen, it would evidently have no effect whatsoever in raising the salaries of curates. We do not put this as a case of common buyer and seller; we allow that the parish is a third party, having an interest; we fully admit the right of the Legislature to interfere for their relief. We only contend that such interference would be necessarily altogether ineffectual so long as men can be found capable of doing the duty of curates, and willing to do it for less than the statutory minimum.

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If there be a competition of rectors for curates, it is quite unnecessary and absurd to make laws in favour of curates. The demand for them will do their business more effectually than the law. If, on the contrary (as the fact plainly is), there is a competition of curates for employment, is it possible to prevent this order of men from labouring under the regulation price? Is it possible to

We remember Horace's description of the misery of a parish where there is no resident clergyman.

"Illacrymabiles

Urgentur, ignotique longâ
Nocte, carent quia vate sacro."

prevent a curate from pledging himself to his rector that he will accept only half the legal salary, if he is so fortunate as to be preferred among an host of rivals who are willing to engage on the same terms? You may make these contracts illegal. What then? Men laugh at such prohibitions; and they always become a dead letter. In nine instances out of ten the contract would be honourably adhered to; and then what is the use of Mr. Perceval's law? Where the contract was not adhered to, whom would the law benefit?-A man utterly devoid of every particle of honour and good faith. And this is the new species of curate, who is to reflect dignity and importance upon his poorer brethren! The law encourages breach of faith between gambler and gambler; it arms broker against broker;-but it cannot arm clergyman against clergyman. Did any human being before, ever think of disseminating such a principle among the teachers of Christianity? Did any ecclesiastical law, before this, ever depend for its success upon the mutual treachery of men who ought to be examples to their fellow creatures of everything that is just and upright?

We have said enough already upon the absurdity of punishing all rich rectors for non-residence, as for a presumptive delinquency. A law is already passed, fixing what shall be legal and sufficient causes for non-residence. Nothing can be more unjust, then, than to punish that absence which you admit to be legal. If the causes of absence are too numerous, lessen them; but do not punish him who has availed himself of their existence. We deny, however, that they are too numerous. There are 6,000 livings out of 11,000 in the English Church under £80 per annum : many of these £20, many £30 per annum. The whole task of education at the university, public schools, private families, and in foreign travel, devolves upon the clergy. A great part of the literature of their country is in their hands. Residence is a very proper and necessary measure, but considering all these circumstances, it requires a great deal of moderation and temper to carry it into effect without doing more mischief than good. At present, however, the torrent sets the other way. Every lay plunderer, and every fanatical coxcomb, is forging fresh chains for the English clergy; and we should not be surprised, in a very little time, to see them absenting themselves from their benefices by a kind of day-rule, like prisoners in the King's Bench. The first bill, which was brought in by Sir William Scott-always saving and excepting the power granted to the bishops, -is full of useful provisions, and characterised throughout by great practical wisdom. We have no doubt that it has, upon the whole, improved the condition of the English Church. Without caution, mildness, or information, however, it was peculiarly unfortunate to follow such a leader. We are extremely happy the bill was rejected. We have seldom witnessed more of ignorance and error stuffed and crammed into so very narrow a compass. Its origin, we are confident, is from the Tabernacle; and its consequences would have been to have sown the seeds of discord and treachery in an ecclesiastical constitution which, under the care of prudent and honest men, may always be rendered a source of public happiness.

One glaring omission in this bill we have almost forgotten to mention. The Chancellor of the Exchequer has entirely neglected to make any provision for that very meritorious class of men, the lay curates, who do all the business of those offices of which lazy and non-resident placemen receive the emoluments. So much delicacy and conscience, however, are here displayed on the subject of pocketing unearned emoluments, that we have no doubt the moral irritability of this servant of the Crown will speedily urge him to a species of reform of which he may be the object as well as the mover.

PARNELL'S HISTORY OF IRISH POPERY LAWS.
(E. REVIEW, October, 1808.)

History of the Penal Laws against the Irish Catholics, from the Treaty of Limerick to the
Union. By HENRY PARNELL, Esq., M.P.

THE various publications which have issued from the press in favour of religious liberty have now nearly silenced the arguments of their opponents; and, teaching sense to some, and inspiring others with shame, have left those only on the field who can neither learn nor blush.

But, though the argument is given up, and the justice of the Catholic cause admitted, it seems to be generally conceived that their case, at present, is utterly hopeless; and that to advocate it any longer will only irritate the oppressed, without producing any change of opinion in those by whose influence and authority that oppression is continued. To this opinion, unfortunately too prevalent, we have many reasons for not subscribing.

We do not understand what is meant in this country by the notion that a measure, of consummate wisdom and imperious necessity, is to be deferred for any time, or to depend upon any contingency. Whenever it can be made clear to the understandings of the great mass of enlightened people that any system of political conduct is necessary to the public welfare, every obstacle (as it ought) will be swept away before it; and as we conceive it to be by no means improbable that the country may be, ere long, placed in a situation where its safety or ruin will depend upon its conduct towards the Catholics, we sincerely believe we are doing our duty in throwing every possible light on this momentous question. Neither do we understand where this passive submission to ignorance and error is to end. Is it confined to religion? or does it extend to war and peace, as well as religion? Would it be tolerated if any man were to say, "Abstain from all arguments in favour of peace; the court have resolved upon eternal war; and, as you cannot have peace, to what purpose urge the necessity of it?" We answer,-that courts must be presumed to be open to the influence of reason; or, if they were not, to the influence of prudence and discretion, when they perceive the public opinion to be loudly and clearly against them. To lie by in timid and indolent silence,— to suppose an inflexibility, in which no court ever could, under pressing circumstances, persevere,—and to neglect a regular and vigorous appeal to public opinion, is to give up all chance of doing good, and to abandon the only instrument by which the few are ever prevented from ruining the many. It is folly to talk of any other ultimatum in government than perfect justice to the fair claims of the subject. The concessions to the Irish Catholics in 1792 were to be the ne plus ultra. Every engine was set on foot to induce the grand juries in Ireland to petition against further concessions; and, in six months afterwards, government were compelled to introduce, themselves, those further relaxations of the penal code of which they had just before assured the Catholics they must abandon all hope. Such is the absurdity of supposing that a few interested and ignorant individuals can postpone, at their pleasure and caprice, the happiness of millions.

As to the feeling of irritation with which such continued discussion may inspire the Irish Catholics, we are convinced that no opinion could be so prejudicial to the cordial union which we hope may always subsist between the two countries, as that all the efforts of the Irish were unavailing,—that argument was hopeless,-that their case was prejudged with a sullen inflexibility which circumstances could not influence, pity soften, or reason subdue,

We are by no means convinced that the decorous silence recommended upon the Catholic question would be rewarded by those future concessions of which many persons appear to be so certain. We have a strange incredulity where persecution is to be abolished, and any class of men restored to their indisputable rights. When we see it done, we will believe it. Till it is done, we shall always consider it to be highly improbable-much too improbable—to justify the smallest relaxation in the Catholics themselves, or in those who are well-wishers to their cause. When the fanciful period at present assigned for the emancipation arrives, new scruples may arise fresh forbearance be called for-and the operations of common sense be deferred for another generation. Toleration never had a present tense, nor taxation a future one. The answer which Paul received from Felix, he owed to the subject on which he spoke. When justice and righteousness were his theme, Felix told him to go away, and he would hear him some other time. All men who have spoken to courts upon such disagreeable topics have received the same answer. Felix, however, trembled when he gave it; but his fear was ill directed. He trembled at the subject-he ought to have trembled at the delay.

Little or nothing is to be expected from the shame of deferring what it is so wicked and perilous to defer. Profligacy in taking office is so extreme, that we have no doubt public men may be found who, for half a century, would postpone all remedies for a pestilence, if the preservation of their places depended upon the propagation of the virus. To us such kind of conduct conveys no other action than that of sordid avaricious impudence :-it puts to sale the best interests of the country for some improvement in the wines and meats and carriages which a man uses-and encourages a new political morality which may always postpone any other great measure, and every other great measure, as well as the emancipation of the Catholics.

We terminate this apologetical preamble with expressing the most earnest hope that the Catholics will not, from any notion that their cause is effectually carried, relax in any one constitutional effort necessary to their purpose. Their cause is the cause of common sense and justice :—the safety of England and of the world may depend upon it. It rests upon the soundest principles; leads to the most important consequences; and therefore cannot be too frequently brought before the notice of the public. The book before us is written by Mr. Henry Parnell, the brother of Mr. William Parnell, author of the Historical Apology, reviewed in one of our late Numbers; and it contains a very well-written history of the penal laws enacted against the Irish Catholics, from the peace of Limerick, in the reign of King William, to the late Union. Of these we shall present a very short, and, we hope, even to loungers, a readable abstract.

The war carried on in Ireland against King William cannot deserve the name of a rebellion :-it was a struggle for their lawful Prince, whom they had sworn to maintain; and whose zeal for the Catholic religion, whatever effect it might have produced in England, could not by them be considered as a crime. This war was terminated by the surrender of Limerick, upon conditions by which the Catholics hoped, and very rationally hoped, to secure to themselves the free enjoyment of their religion in future, and an exemption from all those civil penalties and incapacities which the reigning creed is so fond of heaping upon its subjugated rivals.

By the various articles of this treaty, they are to enjoy such privileges in the exercise of their religion as they did enjoy in the time of Charles II. : and the King promises, upon the meeting of Parliament, "to endeavour to procure for them such further security in that particular as may preserve them from

any disturbance on account of their said religion." They are to be restored to their estates, privileges, and immunities, as they enjoyed them in the time of Charles II. The gentlemen are to be allowed to carry arms; and no other path is to be tendered to the Catholics who submit to King William than the ath of allegiance. These and other articles King William ratifies for himself, his heirs and successors, as far as in him lies; and confirms the same, and every other clause and matter therein contained.

These articles were signed by the English general on the 3rd of October, 1691; and diffused comfort, confidence, and tranquillity among the Catholics. On the 22nd of October the English Parliament excluded Catholics from the Irish Houses of Lords and Commons, by compelling them to take the oaths of supremacy before admission.

In 1695, the Catholics were deprived of all means of educating their children, at home or abroad, and of the privilege of being guardians to their own or to other persons' children. Then all the Catholics were disarmedand then all the priests banished. After this (probably by way of joke) an act was passed to confirm the treaty of Limerick,-the great and glorious King William totally forgetting the contract he had entered into, of recommending the religious liberties of the Catholics to the attention of Parliament.

On the 4th of March, 1704, it was enacted that any son of a Catholic, who would turn Protestant, should succeed to the family estate, which from that moment could no longer be sold, or charged with debt and legacy. On the same day Popish fathers were debarred, by a penalty of £500, from being guardians to their own children. If the child, however young, declared himself a Protestant, he was to be delivered immediately to the custody of some Protestant relation.-No Protestant to marry a Papist. --No Papist to purchase land, or take a lease of land for more than thirty-one years. If the profits of the lands so leased by the Catholic amounted to above a certain rate settled by the act,-farm to belong to the first Protestant who made the discovery.-No Papist to be in a line of entail; but the estate to pass on to the next Protestant heir, as if the Papist were dead. If a Papist dies intestate, and no Protestant heir can be found, property to be equally divided among all the sons; or, if he has none, among all the daughters. By the 16th clause of this bill, no Papist to hold any office, civil or military.—Not to dwell in Limerick or Galway, except on certain conditions.-Not to vote at elections. Not to hold advowsons.

"

In 1709, Papists were prevented from holding an annuity for life. If any son of a Papist chose to turn Protestant, and enrol the certificate of his conversion in the Court of Chancery, that court is empowered to compel his father to state the value of his property upon oath, and to make out of that property a competent allowance to the son, at their own discretion, not only for his present maintenance, but for his future portion after the death of his father. An increase of jointure to be enjoyed by Papist wives upon their conversion.-Papists keeping schools to be prosecuted as convicts.-Popish priests who are converted to receive £30 per annum.

Rewards are given by the same act for the discovery of Popish clergy ;— £50 for discovering a Popish bishop; £20 for a common Popish clergyman ; 10 for a Popish usher! Two justices of the peace can compel any Papist above 18 years of age to disclose every particular which has come to his knowledge respecting Popish priests, celebration of mass, or Papist schools.— Imprisonment for a year if he refuses to answer.-Nobody can hold property in trust for a Catholic.-Juries, in all trials growing out of these statutes, to be Protestants.-No Papist to take more than two apprentices, except in the linen trade.-All the Catholic clergy to give in their names and places of

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