1715. the rebels in Great Britain, wherein their safety was equally concerned with that of his other subjects.

Insurrection in

tain. Dan

curity in

Ireland.

Whilst rebellion was openly making alarming proNorth Bri- gress in North Britain under the Earl of Mar, at the ger in Eng- head of 10,000 Scotch presbyterians, and no part of land and se- South Britain was secure from the attempts of the friends of a catholic pretender to the throne, catholic Ireland was the only part of the British empire for which government felt secure, and therefore drew from it the usual sources of national defence to give strength to protestant Britain. Although malice were not yet saturated in calumniating the Irish, they escaped the charge of guilt in the rebellion of 1715. Yet those very lords-justices, who bore such honourable testimony to the tried loyalty of the Irish catholics, most inconsistently treated them as an hostile and divided people. "We must recommend to you (said they in their speech to the commons) in the present conjuncture, such unanimity in your resolutions, as may once more put an end to all other distinctions in Ireland, but that of protestant and papist."

Impolicy of treating the

lics as ene

mies.

Such was the horror, in which the catholics were Irish catho- then holden, that the usual parliamentary phrase for them was, the common enemy. Scarcely an address concerning them during this reign reached the throne, which did not brand them with this appellation. Their meritorious loyalty on this occasion procured them neither favour nor indulgence from government: for the lords-justices, in their answer to the address of the commons, praying them to give directions for securing the persons of such papists and other persons as they

should suspect of being disaffected to his Majesty's 1715. government, assured them, that they had written letters in council to all the governors of counties, sheriffs, mayors, and chief magistrates of corporations to put the militia in immediate condition for service, requir ing them at the same time strictly to execute the laws against papists*.

favour of

The then recent statute of Queen Ann, which im- Partiality in posed such a mass of rigour upon the catholics, re- dissenters. quired also the sacramental test from every officer civil or military, from all persons having fee or salary belonging to any office by patent or grant, or having any command or place of trust under the crown. This included many protestant dissenters, to whom government did not wish to extend the severity of that law. The following resolution accordingly passed the house of commons: "That such of his Majesty's protestant dissenting subjects of this kingdom as have taken commissions in the militia, or acted in the com

* 3 Journ. Com. 60. It was resolved, nemine contradicente, "That it is the indispensable duty of all magistrates to put the laws in immediate execution against all popish priests, who shall officiate contrary to law, and that such magistrates, who neglect the same, be looked upon as enemies to the constitution." And ib. 749, it was in like manner resolved, "That an humble address be presented to their excellencies the lords-justices, that they will be pleased to issue a proclamation, promising a reward to such, who shall discover any person, who is enlisted, or shall hereafter enlist in his Majesty's service, to be a papist, in order to their being turned out, and punished with the utmost severity of the law."

+ 3 Journ. Commons; p. 100.

1718.

mission of the array, have hereby done a seasonable service to his Majesty's royal person and government, and the protestant interest in this kingdom. Resolved, that any person who shall commence a prosecution against a dissenter, who has accepted, or who shall accept of a commission in the array or militia, is an enemy to King George and the protestant interest, and a friend to the Pretender." This marked partiality in favour of the Irish dissenters, whilst an army. of Scottish presbyterians was in open rebellion in favour of the Pretender, cannot be laid to the account of liberality or general toleration: for that very parliament of 1715, passed an act to restrain papists from being high or petty constables, although a single arm had not been raised by a catholic in Ireland in support of the Pretender, and every nerve of government was strained to enforce the rigorous execution of the penal laws against them*. The consequence was a general and most rigid persecution against the catholics for the mere exercise of their religion: their priests were dragged from their concealment, many were taken from the altars whilst performing divine service, exposed in their vestments to the derision of the soldiery, then committed to gaol, and afterwards

Doctor Goldsmith has observed, that "it was the artifice during this and the succeeding reign to stigmatize all those, whe testified their discontent against government, as Papists and Jacobites. All, who ventured to speak against the violence of their measures were reproached as designing to bring in the Pretender: and most people were consequently afraid to murmur, since dis content was so near a-kin to treason." Hist, Geo. I,

banished the kingdom. The lords-justices granted 1718. orders for apprehending the Earls of Antrim and Westmeath, the Lords Netterville, Cahir, and Dillon, and most of the principal catholic landholders, as persons suspected of disaffection to his Majesty's govern.

ment.

between the

English

the appel

diction.

About this time, a decree of the Exchequer, in a Difference cause between Sherlock and Annesley was appealed Irish and from to the Irish peers, and by them reversed. From peers upon their sentence Annesley appealed to the English peers, lant jurisby whom the judgment given in his favour by the court of Exchequer was confirmed; and an order issued to put him in possession of the disputed estate. Against this determination Sherlock petitioned the Irish house of lords. In this affair, the dignity of the peers and the privileges of the nation were deeply involved. The first step the Irish lords took, was to propose to the consideration of the judges, whether by the laws of the land an appeal lay from a decree of the court of Exchequer in Ireland, to the King in parliament in Great Britain? This question they de termined in the negative. The peers then resolved, that they would support their honour, jurisdiction, and privileges, by giving the petitioner Sherlock relief. To such extremes were matters carried, that the Irish house of peers ord red the barons of the Exchequer to be taken into the custody of the Black Rod, for having obeyed an order of the English house of peers. On the other hand, a very explicit and ela borate representation of all the proceedings of the lords in Ireland, concerning appeals, was transmitted

1718.

Duke of Or. mond heads

from Spain.

to his Majesty, which was laid before the British house of lords and read: whereupon they resolved, that the barons of the court of Exchequer in Ireland, in proceeding in obedience to their orders, had acted with courage according to law, in support of his Majesty's prerogative, and with fidelity to the crown of Great Britain; and 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 ordered a bill to be brought in, for the better securing the dependency of Ireland upon the crown of Great Britain, which passed into a law †.

About this time a fresh attempt was made in favor an invasion of the Pretender by the intrigues of the Cardinal Alberoni. An armament of twelve ships of the line, and several transports, was equipped, having on board 6000 regular troops, and arms for 12000 men. The command of this fleet was committed to the Duke of Ormond, with the title of captain-general of his ca

*The Duke of Leeds entered a very long protest against these resolutions, which being very pointed and interesting, is given in the Appendix to my Hist. Review, No. LVI.

+ 5 Geo. c. v. by which it was enacted, that the kingdom of Ireland was of right subordinate to, and dependent upon the im perial crown of Great Britain, as being inseparably united and annexed thereunto; and that the British parliament had of right full power to make laws to bind the people and the kingdom of Ireland, and that the house of lords of Ireland had not any appelJant jurisdiction.