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Chap, had arisen from the Irish catholics, would yet, if
C.y^his parliament had been similarly disposed, have treated this people with so ample a toleration as might in course of time have mollified their intolerance, rendered them worthy of being placed in the same political situation with protestants, and finally attached them as much as any to the English connexion. To particularize is unnecessary the articles of the penal code, by which the Romanists of Ireland were, for the greater parlrof a century, reduced to a political blank, and by which, if the generosity of protestants had not mostly frustrated the execution, they would have been degraded still more to a condition hardly conceivable. But how much soever we must condemn any system of oppression, we. are not to consider all those laws as wantonly decreed without an object;. To break the influence of catholics by subdivision of their landed property, their estates were ordered to descend in the manner of gavel-kind in equal shares to all the children, notwithstanding any settlements to the contrary, unless the persons, who should otherwise inherit, would take the prescribed oaths, and conform to protestantism: but the system was carried to unnecessary harshness in prohibiting catholics from realizing their money in lands, and from enjoying a leasehold interest for more than thirty-one years, beside some other instances of severity. If the son of a catholic should become a protestant, he was vested with a power over the inheritance of his father, who in that case became tenant for life under mortifying
restrictions, restrictions. This law, though lamentably rigorous, c Ha P. was yet, if religious coercions are to be allowed, lg-^ *
mentably necessary from the enormous bigotry of the catholics, among whom, if any son should shew the least propensity to protestantism, he would be instantly rendered an outcast without means of subsistence. But the interdicting of catholics from education at home seemed most injudicious, as it promoted foreign attachments, and cherished ignorance, the shield of bigotry.
One of the causes of severity against catholics violence ->f was the violence of party, arising from the distinction of whig and tory, a distinction imported from England. As the catholics were not only tories, but also Jacobites, they were peculiarly the object of vengeance to the whigs, the party predominant during the greater part of the reign of queen Anne. Principles of toryisro were however entertained by a considerable body of protestants in Ireland, in whom they were encouraged by the successive chief governors, Rochester and Orinond. Provoked at attempts made by men of those principles, to sow dissension, the house of commons in 1705 passed aresolution against such proceedings, declaring that to spread reports, by pamphlets or otherwise, of the church being in danger, was pernicious to her Majesty's government and the succession of the crown in the protestant line. The clergy of the established church, who were mostly regarded as tories, published from their convocation resolutions to wipe suspicion from themselves, particularly that the o 4 security
Chap.security 6f the church and nation depended, under \^>^j God> wholly on the succession of the protestartt line as settled by law; and that if any clergyman of their Order should utter any opinion of a contrary nature, he should be regarded as an enemy to the constitution. Whatever might have been the sentiments of the main body of the clergy, those of the university Were so attached to the principles of the revolution, that, for aspersions on the memory of king William, they degraded and expelled Edward Forbes, one of jheir members. In consequehce of their loyalty, an application iri their favour for five thousand pounds for the ere6liort of a library, made by the parliament in 1709, through the viceroy, was favourably received by the queen. This viceroy was the earl of Wharton, successor to the earl of Pembroke, a whig in profession, but deistical in opinion, and profligate in mariners, deputed for the repairing of a shattered fortune to Ireland, where he was said by Dean Swift to have gained in two years forty-five thousand pounds, half in the regular Way and half in the prudential.
The heat of factjon increased in the latter part of the reign of Anne, and the clergy openly adopted the part of the tories, which was doubtless strengthened by the imprudent violence of the whigs. Browne, bishop of Cork, published a pamphlet to prove the drinking of toasts impious, as the glorious rttemory of king William was perpetually given., frequently to annoyance in mixed company. When, in 1713, an address to her Majesty was voted by the
commons commons for the removal of Sir Constantine Phipps, Chap.
lord chancellor, an active tory; and contrary reso-v—^—^ lutions were voted by the lords, among whom toryism had gained the ascendancy; the clergy seconded strenuously the latter, and waited on the duke of Shrewsbury, the chief governor, at the castle, with their representation. Here Sir Robert Molesworth was heard to say, "They who have turned the world upside down are come hither also." The clergy made complaint to the lords, who in consequence requested a conference with the commons. The latter treated the matter lightly; but the English ministry, composed now of tories, ordered his removal from the privy-council. Previously to this the city of Dublin had been thrown into a ferment by disputes about the choice of a lordmayor, and by a riot which had happened in the election of members for the house of commons. An enquiry concerning the latter at the meeting of parliament occasioned the address of the commons against Phipps the chancellor. The lord-mayor in office had been empowered by late regulations to nominate three aldermen, one of whom should be elected his successor, unless reasonable objections could be made to them all. In violation of this rule, in the absence of Sir Samuel Cook, the man then holding this authority, a violent tory, the aldermen chose for his successor a whig, named Pleasant. The privy-council annulled the election. Gf the aldermen, when summoned to make a new choice, twenty objected to one of the three nominated
Chap, by Cook; and, before the affair could be brought v*_^wt to a termination, the court was dismissed. ofthe Eng" The violence of party added one to the many iniaeut.P"rl'a* stances of unconstitutional interference of the English parliament in the affairs of Ireland. Some of these, which were frequent from the complete establishment of William's authority in this kingdom, have been already incidentally hinted or mentioned; and to notice two or three more may be here sufficient. The forfeiture, decreed in the reign of Charles the first, against the London society, of their lands in the county of Derry, had been reversed, and the proprietors repossessed, by the a6ls of settlement and explanation. In consequence of an act of the Irish parliament for a salvo in this case to the rights of the clergy, the bishop of Derry claimed the lands of his see, and obtained judgment in his favour on a trial before the Irish peers; but the society appealed to the English house of lords, in the January of 1708, who gave a contrary judgment. The dispute of property was terminated by the removal of the bishop, and a composition made by his successor with the society. Afterwards, in the recess of the Irish parliament, the earl and countess of Meath were, by an appeal to the English peers, dispossessed of some lands, which had been decreed to be their property by an Irish court of judicature. In February 1703, the Irish lords entered into resolutions, declaring the judgment of their house to be final, not reversable by any court whatsoever: and that if any subject within this kingdom should afterward appeal from their jurisdiction, or execute