ever, notwithstanding the Catholics plea of merit for their noninterference in favour of a Catholic prince of the House of Stuart in the year 1715, whilst his standard was erected in Great Britain, was the government's affected fear or real hatred of the Catholics, that 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 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, requiring them at the same time strictly to execute the laws against Papists. The resolutions of the commons at a time when Catholic loyalty was eminently meritorious, bespoke the marked oppression under which that body was* doomed to pine. First, 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 offi❝ciate contrary to law, and that such magistrates who neglect "the same, be looked upon as enemies to the constitution." "Next 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 en"listed, 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." Vain is it to urge, that a common sense of danger and impartial justice dictated these resolutions. It can hardly be credited, but not at all accounted for, upon what grounds that monstrous partiality of the Irish government and parliament was manifested at this period, in favour of the Protestant Dissenters, and to the prejudice of the Catholics. If at this distance of time, when the prejudices of bigotry and fanaticism have worn themselves out of repute and credit, we may without injury attribute effects to their real by the Whig writers; but no man ever delivered more constitutional senti. ments than those, which he published with respect to government. In justice to the author, and in order that their excellent tendency may operate more extensively upon his countrymen, I have subjoined them to the Appendix, No. LV. * 3 Journ. Commons, p. 63. +3 Journ. Commons, p. 60. Ibid. p. 74. Every thing in the latter end of the reign of Queen Anne, as well as in the beginning of that of her immediate successor, was carried on in the extreme of party violence. Towards the close of the year 1714, an anonymous publication appeared, written in a very temperate style, but stating facts relating to the late parliament, and particularly to the attack upon Chancellor Phipps: and one of the first resolutions of the commons in 1715, was, that a book, causes, it will greatly confirm a former observation, that the party then called the Whig party, in Ireland, possessed little of the con stitutional principles of the English Whigs; but being the immediate descendants of the antibasilican party of 1648, were still strongly tinctured with the leaven of their ancestors. The then recent statute of Queen Anne, which imposed such a mass of rigour upon the Catholics, required 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: and singular truly was the moment selected for publishing that Democratic dispensation of that law, which we find in the following resolution of the House of Commons, viz. "That such of his majesty's "Protestant dissenting subjects of this kingdom as have taken intituled, A long History of a short Session of Parliament in a certain Kingdom, was a false, scandalous, and malicious libel, highly reflecting upon the proceedings and honour of the late House of Commons; and they addressed the lords justices for issuing a proclamation for giving a reward to any person who should discover the author. (3 Fourn. Com. p. 68.) The book was a plain ,narrative of public facts, interspersed with some observations: one of which, upon a part of the Duke of Shrewsbury's speech, is too relevant to the spirit of the Irish government, and particularly of the Irish Whig interest of that day, to escape notice. (Vide the book, p. 14.) "The first thing we meet "with here, worthy of observation, is a remarkable clause in his Grace's speech "to both houses, where, after he has told 'em of his first resolution to dis"charge the great trust committed to him with zeal for her majesty's service "and their interest, he adds, that he must therefore earnestly recommend it to "'em, that as the Protestants of Ireland are united in one common interest, "they might all agree in the same means of promoting it. I mention this "clause, because though without question it was well intended by his Grace; "who meant no more, than that they should secure themselves against the "Papists, who are the common enemy; yet the faction laid great stress upon "it; the Protestant interest being an expression in great esteem amongst them, "to signify sometimes an interest distinct from, and even contrary to, that of "the established church; but always used to lessen the regard men ought to "have for that excellent Communion, by putting all denominations of Protes"tants without distinction upon a level; they know very well that Atheists, "Deists, Socinians, and Sectarists of all sorts, go under the name of Protestants: " and those with the truly crthodox of the established church make up the "Protestant interest of that kingdom: but then surely 'tis not one interest, "but rather a comprehension of interest diametrically opposite; of interests "as different from one another, as a rational and Christian communion from "an unreasonable and sinful schism; as faith and infidelity; religion and "irreligion; loyalty and faction: and therefore when a certain set of men pro"claim their zeal for the Protestant interest, no wonder they find it easy to "distinguish and oppose them to one another." One naturally here reflects, with Mr. Burke (Let. to Lang. p. 29)," that it was not settled at the Revolu "tion, that the state should be Protestant in the latitude of the term, but in "a defined and limited sense only; and that in that sense only the king is "sworn to maintain it. And that the religion which the king is bound to "maintain has a positive part in it, as well as negative; and that the positive "part of it is the most valuable and essential." And he adds, that a "man is certainly the most perfect Protestant and the most perfect Dissenter, "who protests against and dissents from the whole Christian religion.” commissions in the militia, or acted in the commission 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 66 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 all 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 banished the kingdom. The lords justices granted 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 government. Although it had now for some time been the settled, though fatal policy of the Anglo-Hibernian government to play off the Dissenters and Catholics,* against each other, yet we have before seen, that these Machiavelian manœuvres were generally confined to such objects of internal regulation, as in no manner affected the national rights of Ireland or its independence upon Great Britain. It has indeed been at all times a just, though melancholy remark with reference to Ireland, that the true constitutional Whig principles have never been brought fairly to bear upon that kingdom; as if Ireland had been admitted to our constitution for no other purpose, than that of confirming its existence by way of exception from its practice and participation: a deadly wound, but ever inseparablet from that state of nominal independence which Ireland was permitted to enjoy Thus, as we before remarked, did the Earl of Wharton with fair and false promises cajole the Dissenters, out of hatred to the Papists, to consent to their own punishment by the Sacramental Test: thus did the administration in this critical juncture prevent any coalition between the Dissenters and Catholics, by rivetting their disunion by the enviable extremes of indulgence and severity. † Harebat lateri lethalis arundo. previous to its Union with Great Britain. In the year 1719, a private cause gave rise to a most important trait in the Irish history illustrative of the principles and facts, which have prominently contributed to the union of the two kingdoms. A cause relative to an estate betwixt Hester Sherlock and Maurice Annesly was tried before the court of Exchequer, in Ireland. The latter obtained a decree which, upon appeal, was reversed by the lords. From their sentence Annesly appealed to the English peers, by 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 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 determined in the negative. The peers then resolved, that they would support their honour, jurisdiction, and privileges, by giving the petitioner Hestor Sherlock effectual relief, pursuant to a former order. Notwithstanding which, a petition was afterwards presented to the house, by Alexander Burrowes, sheriff of Kildare, setting forth, that his predecessor in office had put Hester Sherlock in possession of the premises: that upon his entering into office, an injunction agreeably to an order of the English peers, issued from the Exchequer, commanding him to restore Maurice Annesly to the possession of the above-mentioned lands: that not daring to act in contradiction to the order of the house he was fined: that, in consequence of this, being afraid lest he should be taken into custody, he durst not venture to come in to pass his accounts, for which he was fined twelve hundred pounds. Upon which the lords resolved, "that Alexander Burrowes, Esq. in not obeying the injunction issued from his majesty's court of Ex"chequer in the cause between Annesly and Sherlock had be"haved himself with integrity and courage, and with due res66 pect to the orders and resolutions of the house. That the "fines imposed upon him be taken off: that the barons of the "Echequer, viz. Jeffrey Gilbert, Esq. John Pocklington, Esq. "and Sir John St. Leger, had acted in violation of the orders "of that house, in diminution of the king's prerogative, as also "of the rights and privileges of the kingdom of Ireland and the "parliament thereof." Orders then passed the house, that the barons of the Exchequer for this offence should be taken into the custody of the Black Rod, which were accordingly executed. In vindication of these measures and of the rights of the nation, they afterwards drew up a representation to be presented to his 66 majesty, in which they represented; that by many ancient records and sundry acts of parliament, it appeared, that the kings and principal men of Ireland did without compulsion submit to Henry II. as their liege lord, who at the desire of the Irish, or dained that the laws of England should be of force and observed in that kingdom. That by this agreement the Irish obtained the benefit of English law, with many other privileges, particu larly that of having a distinct parliament, in which weighty and important matters relating to the kingdom were to be treated, discussed, and determined. That this concession and compact, ratified by succeeding kings, encouraged the English to come over and settle in Ireland: where they were to enjoy the same laws, the same liberties, and a constitution similar to that of England. That by this constitution and these privileges, his majesty's subjects had been enabled to discharge their duty faithfully to the crown; that therefore they insisted upon them, and hoped to have them preserved inviolable. That though the imperial crown of that realm were annexed to that of Great Britain, yet being a distinct dominion, and being no part of the kingdom of England, none could determine with respect to the affairs of it, but such as were authorized by its known laws and customs, or the express consent of the king: that it was an invasion of his majesty's prerogative, and a grievance to his Irish subjects, for any court of judicature to take upon them to declare, that he could not by his authority in parliament, determine all controversies betwixt his subjects of that kingdom; or that when they appealed to his majesty in parliament in Ireland, they did not bring their cause before a competent judicature: that in relation to the removal of causes by appeal from that kingdom, the Irish judges being sometimes ignorant of the common law of England, which was the rule of their decisions, did apply to his majesty for information, which he gave them by the advice and with the assistance of the justices of the King's Bench, who in ancient times constantly attended his person. That when the King's Bench came to be fixed, appeals were made to it, though the king were not personally present. That from hence it could not be inferred upon any ground, that appeals from the parliament of Ireland might be brought before the House of Peers in England. They represented, that but two instances had ever occurred, of appeals from the Irish court of chancery to the English peers, prior to the Revolution, and two instances subsequent to it, until the year seventeen hundred and three, none of which ought to affect the jurisdiction of the Irish lords; as by the principles and the nature of their constitution, whatever judicial powers were lodged in the British parliament, with respect to Great Britain and its inferior courts, the same must likewise be vested in the parliament of Ireland, with respect to |