THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 LOS ANGELES 

 
 THE 
 
 T R Y A L 
 
 O F T H E 
 
 ROMAN CATHOLICS. 
 
 B Y 
 MR. BROOKE.
 
 THE 
 
 T R Y A L 
 
 O r T H E 
 
 ROMAN CATHOLICS. 
 
 On a fpecial Commiflion directed to 
 
 Lord Chief Juflice REASON, 
 Lord Chief Baron INTEREST, and 
 Mr. Juflice CLEMENCY, 
 
 WEDNESDAY, Augufl $th, 1761. 
 
 Mr. CLODWORTHY COMMON-SENSE, Foreman 
 of the Jury. 
 
 Mr. Serjeant STATUTE, Counfel for the Crown, 
 
 CONSTANTINE CANDOUR, Efq. Counfel for the 
 Accufed. 
 
 Wherever Truth and Interejl Jhall embrace, 
 Let Paffion cool and Prejudice give Place. 
 
 The FOURTH EDITION. 
 
 DUBLIN: 
 Printed by GEORGE FAULKNER, in EfTex Street. 
 
 MDCCLXII.
 
 !" 3 
 
 T O 
 
 HIS EXCELLENCY 
 
 THE 
 
 EARL of HALIFAX, 
 
 Lord Lieutenant, General, 
 and General Governor of 
 IRELAND. 
 
 MY LORD; 
 
 \ LL Benefits that require 
 Eftablifhrnent or Promo- 
 tion, and all Grievances that re- 
 A 3, quire
 
 [vi] 
 
 quire Relaxation or Redrefs, in 
 this Country, are naturally fub- 
 mitted to the Man who hath 
 approved himfelf rather the Pa- 
 tron than the Regent of Ireland. 
 If Your EXCELLENCY had not 
 taken a diftinguifhed Pleafiire in 
 doing public Good, and remedy- 
 ing public Evil, You would not 
 have been troubled with the fol- , 
 lowing Treatife. 
 
 As Ireland cannot partake of 
 the Royal Favour or Influence, 
 
 fave
 
 [vii] 
 
 fave by Reflection ; it is a very 
 fingular Happinefs when fuch Fa- 
 vour is Conveyed to us 5 without 
 Cloud or Diverfion, in all the 
 Comfort of its Warmth and Full- 
 nefs of its Luftre. 
 
 May the Praifes of Your EX- 
 CELLENCY continue to be record- 
 ed, not by the Adulation of Cour- 
 tiers and venal Dedicators, but 
 by the Beneficence of Your Own 
 A6ts ? and the Acknowledgments 
 
 of
 
 [ viii ] 
 
 of an obliged and grateful Peo- 
 pie. 
 
 / am, tny LORD, 
 Tour EXCELLENCY'S 
 Mofl bumble, and 
 
 Mojl dutiful Servant,.. 
 
 The AUTHOR.
 
 THE 
 
 T R Y A L 
 
 O F T H E 
 
 ROMAN CATHOLICS. 
 
 T was en Monday the 3d o 
 laft, when, eroding a Walk in St. 
 James's Park, I happened to meet 
 Mr. Rnrjidd, my Countryman and 
 old Acquaintance. After mutual Salutations, 
 my dear Friend, fays he, I rejoice to fee you. 
 You are come mod ftafbnably for the Service 
 of our common Country, on a very interelling 
 Occafion. 
 
 Why, faid I, is any new Evil intended to- 
 v/ard Ireland? Is our Linen-Staple to be dif- 
 treffed, or is a Stop to be put to our Inland 
 Navigations, or is a Union actually on the 
 Carpet ? 
 
 Nothing of This, he replied. You muft 
 know that I am Member of a Society of 
 
 about
 
 about Thirty proteflant Gentlemen, partly 
 Engtijb and partly Irifb, who meet on Wed- 
 nefday in every Week, at the King's Arms 
 Tavern. On the firft Week in January we 
 chufe^our Chairman, who retains a Confular 
 Authority through the Year. We aim at 
 Inflrudion as well as Amufement; and, al- 
 mofl on every Meeting, we debate fome 
 Queflion of public Concern, that had been 
 propofed for the Purpofe at a former Sitting. 
 As the Difcovery of Truth is our only Caufe 
 of Queftion, and Matters of national Utility 
 our fole Subject of Debate, I am bold to fay 
 that the Public has already received fome Be- 
 nefit through this fame Channel'. That our 
 Controverfies are, at Times, not unworthy 
 the Attention of a firfl Minifies nor our 
 Dccifions unbecoming a more auguft Af- 
 fembly. 
 
 About four Months ago we received fome 
 printed Papers, entitled, the Farmer's Cafe of 
 the Roman Catholics of Ireland. And, on Pe- 
 rufal, we found that They included a Mat- 
 ter of no fmaller Concern than the bodily 
 Safety and temporal Intereft of every Proteft- 
 ant in that Kingdom. It is evident, how- 
 ever, that the Writer, before he fat down 
 to his Defk, had determined the Queftion 
 in his own Bofonii and, though his Rea- 
 fomngs, in faft, may be ftrong and impar- 
 tial we cannot fuppofe them equally con- 
 clufive with Arguments fairly oppofed by all 
 that can be urged on the other Side. 
 
 la
 
 ( II ) 
 
 In a Matter of fuch Weight and unfpeak- 
 able Importance to a whole Nation j we re- 
 folved that it was incumbent to make a 
 thorough Inquifition into the Merits of the 
 Caufe, on either Part. Three full Months 
 were afligned for the particular Study there- 
 of. Each Member adopted the Side on which 
 he chofe to rank. Three Judges, with a 
 Jury, and a Bar of refpedive Lawyers, were 
 .appointed. And next Wedmfday is fixed for 
 the Day of impending Tryal. 
 
 But, as feveral of our Members are now 
 in the Country, we are in prefent Diftrefs for 
 One or two of the Jury, and you are arrived 
 mofl opportunely to fupply the Defect. I 
 know you to to be verfed in the Laws of your 
 Country, and warmly affected with all her 
 Concerns; and yow will be entertained with 
 One of the mod extraordinary Tryals that, 
 perhaps, ever depended in any Court. 
 
 Mr. Fairfield, faid I, I will chearfully at- 
 tend you, and think myfelf much honoured 
 by your Invitation, I have repeatedly read 
 the printed Papers you mention, and am fur- 
 ther ftudied in the Cafe in Queflion. This - 
 fame Farmer, who feems now to have un- 
 dertaken the Caufe of the Roman Catholics 
 was once reputed their mofl irreconcilable 
 tnemy ., and, on the Rebellion of 1746 he 
 e feveral Papers againft them, with a 
 -and Poignancy, that neither They nor 
 tfceir Pofterity are ever likely to pardon 
 
 'Our
 
 ( 12 ) 
 
 Our Counfel againft Them, replied Mr. 
 Fairfield, are furnifhed with thofe very Pa- 
 pers and all other requifite Inftruments of 
 Offence. But, the Counfel, for the Catho- 
 lics, are furnifhed, on the other Hand, with 
 a late Treatife entitled Hiftorical. Memoirs*, 
 a Match, as it is thought, for this formida- 
 ble Farmer and all Other their Opponents, 
 put together. 
 
 As my Time of Engagement for the Eve- 
 ning is come, I muft requeft you to meet 
 me, at the. Temple-Exchange CofTtc-Houfe, 
 abo-ut Ten to-morrow Morning. I will there 
 introduce you to feveral very fenfible and 
 worthy Members of our Society. 
 
 THE DAY of ibis important Tryal be- 
 ing arrived, I attended my Friend to the 
 Place of Ailembly. The Judges afliimed 
 the Bench. The Lawyers ranged themfelves 
 on their refpedtive Sides. The Jury was du- 
 ly impanelled. And the Parties to be tried 
 being arraigned by their Proxy; Mr. Serjeant 
 Statute^ then Counfel for the Crown, opened 
 the Caufe as followed!. 
 
 My LORDS the Judges, and you Gentlemen 
 of the Jury ! You are this Day to try a Peo- 
 ple, by their Proxy, whom every Man muft 
 
 of 
 
 * We know nor t'^e Author. Mis Modefty would 
 not permit him to pref;:-: his N ime to a Woik thai any 
 other Writer \vcuiu be proud to acknowledge.
 
 ( 13 ) 
 
 of NeceiTity condemn who hath, in himfelf, 
 any Share or Participation of Allegiance 
 his King, or Attachment to his Country,. 
 any Regard to Society, to the Sanction of 
 Laws, or Obligation of Treaties, to Leagues 
 between Nations, or Faith among Men. 
 What Amity, indeed, what Alliance or 
 Intercourfe can be had with a People whofe 
 Religion abfolves from the Obfervance of 
 Engagements; who promife through Policy, 
 and through Principal betray. 
 
 But, my Lords, I need not dwell upon 
 bare AfTertions, I haften to Overt-Acts, that 
 are pregnant with a thoufand Proofs of thefe 
 Allegations, all known, recorded, and in- 
 con teft able. 
 
 IN the Reign of our firft Charles^ the Ro- 
 man Catholics of Ireland, were in the Poffellion 
 of every Bleflmg that the Conftitution of thefe 
 Kingdoms could confer. They enjoyed the 
 free Exercife of their Superftition equal with 
 That of the Religion eflablifhed by Law. 
 They were equally allowed to purchafe and 
 inherit; to fit as Jurors on the Determinati- 
 on of Life and Property; to vote for Re- 
 prefentatives to Parliament; and even to fit 
 in Parliament themfelves. 
 
 " In this blcfled Condition of Peace and 
 " Security (fays my Lord Clarendon) the En- 
 " glijb and Irijb, the Proteflants and Ro- 
 " man Catholics lived, &V. during the whole 
 ' happy Reign of King James, and, from 
 '' his Death, every Degree of their Happi- 
 B
 
 ( 14 ) 
 
 " nefs was increafed and improved under 
 " the Government of his late Majefty King 
 " Charles I." 
 
 But now it was that, taking Advantage of 
 this great Lenity and Indulgence of Govern- 
 ment, as alfo of the unreferved Affection 
 and Confidence that their Proteftant Brethren 
 repofid in them, the Papifts of Ireland plot- 
 ed and perpetrated the moil execrable 
 Scheme that ever brought Difgrace upon 
 Human-Nature. They had fecretly planned 
 the univerfal Maflfacre of all Proteftants in 
 the Kingdom. The bloody Night was ap- 
 pointed. The Word was given throughout. 
 And the dreadful Secret was preferved by 
 All to the Hour of Execution. So faithful 
 are thefe Irijb Catholics to Each other, tho' 
 None elfe living may place any Truft in 
 Them. 
 
 The fame noble Hiftorian tells us that 
 " On the 23d ofOflvber, 1641, a Rebellion 
 " broke out in all Parts of Inland, except 
 " Dublin , where the Defign of it was mi- 
 " raculouily difcovered the Night before it 
 *' was to be executed. That a general In- 
 " furredion of the Irijb fpread itfelf over the 
 " whole Country, in fuch an inhuman and 
 " barbarous Manner, that there were forty 
 " or fifty thoufand Proteftants murdered 
 " before they fufpeded themfelves in any 
 rt Danger, or could provide for their De- 
 *' fence, by drawing together into Towns 
 " or ftrong Houfes. 
 
 We
 
 ( 15) 
 
 We are further informed, by Sir John 
 Temple and Others, that, during the two firit 
 Months of this Rebellion, more than one 
 hundred and fifty thoufand Proteftants were 
 maffacred in cold Blood. 
 
 I willingly fpare the Court, as well as 
 myfelf, the Horror of reci'ing the Manner 
 and wanton Cruelty of thofe deliberate 
 Butcheries. Let it fuffice to obferve that, 
 at the time of this Infurredion, thefe Peo- 
 ple were equal Members of our free Con- 
 ftitution, that they were favoured of Go- 
 vernment, carefTed by all ProteRants, and 
 could not have given us fo deadly a Sting if 
 we had not received them to our unarmed 
 Bofoms. And that Proteftants, therefore, 
 may hope for Safety within the Neighbour- 
 hood of Irijb Catholics juft fo long, and no 
 longer than they want Power to hurt, while 
 their Talons are well pared, and their Teeth 
 all drawn. 
 
 I mall now proceed to give the Court a 
 Syftem of thofe very humane and charitable 
 Dodrines, on whofe Principles fuch detefta- 
 ble Pradiles arc founded. 
 
 Foreman. 
 
 With the good Pleafure of your Lordfhips, 
 my Brothers and I wifh to hear every Ar- 
 ticle argued and anfwcred apart, that No- 
 thing material may efcape our Memory. 
 
 B 2 Lord
 
 16 
 
 Lord Chief Juftice. 
 
 Let it be as you defire. Let us hear 
 what the Counfel, on the other Side, have to 
 fay in Mitigation of this heavy Charge. 
 
 Counfellor Candour. 
 
 My Lords! My Anfwer fhall be to Fads, 
 and not to Fiction. And I fhall fpare the 
 Court fome Time and myfelf fome Trouble, 
 in Confidence that your Lordfhips and the 
 Gentlemen of the Jury have not been by- 
 afied by a mere Parade of Words, in Con- 
 fidence, I fay, that you have not miftaken In- 
 vective for Argument, nor the Dictates of 
 Prejudice for Thofe of right Reafon. 
 
 The Charge that has been laid by Mr. 
 Serjeant Statute, gives me principally to learn 
 that he has never been in Ireland, and that 
 he is equally a Stranger to the Manners and 
 Difpofition of our modern Irijh Catholics, as 
 to the Character and Repute of their gallant 
 Fore-fathers. 
 
 By the Picture which he has drawn of 
 this People, with a Pen dipt in Gall, and 
 a Pencil in Ink, we fhould think them of 
 fome different and adverfe Specie^, that fa- 
 voured not of the Humanity of the Sons 
 di Adam. But, when we compare Age with 
 Age and Nation v/ith Nation, we find, with 
 
 little
 
 ( '7 ) 
 
 little Difparity, that Men compared to Men 
 are, as Man to himfelf, a Compound ef 
 Vice and Virtue, a Balance of Propenfities 
 to Good and Evil. Complexion and Climate 
 may make fome Alteration; Education, Re- 
 ligion, Cuftom will have their Influence, 
 more or lefs; but Nature is almoft the fame 
 in All, It cannot wholly be overcome, It 
 cannot wholly be converted to Benevclence 
 or Malevolence, to Good or to Evil. And 
 we have feen Chriftians and Mahometans 
 exchange Principles, as it were by mutual 
 Confent; Thefe inviting their Fellow-Crea- 
 tures, tho' of an adverfe Religion, to fhare 
 the Bleflings of Peace and Plenty under their 
 Government; and Thofe driving their Coun- 
 trymen and Fellow Chriftians from the com- 
 mon Participation of Earth and Air. Bur, if 
 any particular Diftin&iosi is to be admitted 
 between the Seels and Societies of Men and 
 Men, Mr. Serjeant has been very unhappy 
 in pointing this Diftinftion to the Difadvan- 
 tageof the/r#&, a People noted, to a Proverb, 
 for their Hofpitality and Benevolence ; ancl 
 vvhofe Anceftors, from the Year of Chrift 
 500 to JOO2, are recorded in Hiftory, for 
 Arts, as for Arms, for a Nation of Herots 
 and an Ifland of Saints. 
 
 Love annihilates Faults, Hatred creafrs 
 them. While we are leagued in Faclu-n t-t 
 Friendfhip with any People, their Merits HMJ 
 magnified and their Blemifbes diJhppear : B'm 
 ftiould a Breach enfue, their Merits will 
 B 3 JlraJglit
 
 ( i8 ) 
 
 flraight vanifh, and every Fault will return 
 and grow upon our Sight. 
 
 Indeed the Principles of every Seel: and 
 Faction are thought better of, than they de- 
 ferve, by Thofe who clafs with them, and 
 much worfe than they deferve by Thofe who 
 oppofe them. They are mutually miftaken, 
 mifreprefented, and vilified by All who are 
 in a State of civil or religious Warfare with 
 Them. We firft feel a Propenfity to be- 
 lieve Evil of our Adverfaries, and, after- 
 ward, to hate and puniih them, on that 
 Prefumption. 
 
 It is very unhappy for this depreffed Peo- 
 ple that, of the feveral Hands who painted 
 the Originals from which Mr. Serjeant has 
 compounded his Portrait of Papifts, Each 
 was interefted or inclined to made and to 
 blacken, without one charitable Teint, or 
 lenient Touch of the Pencil. In Truth thefe 
 Pencils were, All, in Proteftant or, rather, 
 Puritan Hands; and, who would dare {o 
 Hep forth in Vindication of Wretches whom 
 Power, joined by Prejudice, had cruihed and 
 condemned? Wherefore, fince the Hiftori- 
 ans of thofe Times can afford them but few 
 Friends, let us try what we can gather from 
 the Mouths of their Enemies that may, in 
 any Degree, avail them for the Difcovery of 
 Truth. 
 
 Mr. Serjeant informs us, on the Authority 
 of a noble Author, that, during the Reigns 
 of our firft James and our firft Cbarks, the 
 
 Roman
 
 ( '9 ) 
 
 Roman Catholics of Ireland enjoyed every 
 temporal and fpiritual Privilege, equal with 
 Proteftants whofe Religion was eflablifhed by 
 Law. But, was Mr. Serjeant and his noble 
 Author under any Nccellity of forgetting or 
 patting over what every Subject in England 
 was obliged to take Note of, to wit, the Sta- 
 tute of the 2d of Queen Elizabeth ? The Tax 
 on Irijb Roman Catholics, of I 2d. per Sunday, 
 for abfenting themfelves from the Proteftant 
 Service, was frequently exacted with Rigour 
 in both thofe Reigns. In the Year 1629 a 
 ftrict Proclamation ifllted- againft the Exer- 
 cife of the Popifh Rites and Ceremonies. In 
 1633 the Roman-Catholic Clergy of Dublin 
 were fupprefied, fifteen Chapels were feized 
 on for the King's Ufe. The Fryars and Piiefts 
 were fo perfecuted that fome of them hanged 
 themfelves, (as Doctor Borelace jeflingly 
 phrafes'it) in their own Defence. And Num- 
 bers of the Irijb, from Time to Time, had 
 been fined and imprifoned for refufing the 
 Oath of Supremacy, an Oath, of all Others, 
 that no Papift can poflibly take, confident 
 with his Confcience. 
 
 The Roman-Catholics, on thefe Occafioris, 
 earneflly petitioned to be tolerated in theEx- 
 ercife of their Religion, and, on that Con- 
 dition, propofed, at their fpecial Coft, to 
 maintain an Army of five thoufand Foot and 
 five hundred Horfe for his Majefly's Ser- 
 vice, but this Offer was rejected. And thus 
 thefe People, whom Mr. Serjeant has repre- 
 
 fented
 
 ( 20 ) 
 
 Tented to be To happy in the full Enjoyment 
 of all fpiritual Privileges, were not only pro- 
 hibited from exerciling the Religion of their 
 Confcience, They were alfo compelled, under 
 the Pains of Fine and Imprisonment, to con- 
 form to a Religion that was contrary to their 
 Confcience , a Grievance rarely impofed by 
 the fevereft Tyrants, and what no Govern- 
 ment on Earth can have a Right to enjoin. 
 
 Let us now fee how much better thefc 
 People were fituated, with refpedl to Tem- 
 porals than Spirituals , for it would be ex- 
 trordinary, indeed, if Mr. Serjeant mould 
 happen to be equally miftaken in two fuch 
 capital Articles. 
 
 In the Beginning of the Reign of James I. 
 the Roman-Catholic Natives of Ireland were 
 fcized of moft of the Lands of that Kingdom, 
 as their Forefathers had been, from Genera- 
 tion to Generation, during feveral Centuries. 
 
 This was a Circumftance by no Means a- 
 greeable to Some of the Reformed who, en- 
 vying and coveting theRichnefs of thofe Pof- 
 feflions, wiihed at once to extirpate every Pa- 
 pifl from the Realm, and to take their Eltates 
 into Proteftant Tutelage. 
 
 With this View, fome greedy Politicians, 
 who were near the Throne, prevailed upon 
 his Majefly to fet up a civil Inquifition in Ire- 
 land, for the Difcovery of dcfc&ive Titles, 
 whereby it was decreed to feize all Lands, 
 l$c. in the Name of the Crown, whereof the 
 Proprietors fhould not be able to produce 
 
 and
 
 (21 ) 
 
 and to prove a legal Conveyance. This they 
 were very fenfible was generally impoflible, 
 forasmuch as, in Times of long Warfare 
 and National Diftraclion, the Offices of Re- 
 cord, with the Houfes of the chief Natives, 
 had been pillaged or burnt, whereby almoft 
 all ancient Title- Deeds had been loft or de- 
 ftroyed. 
 
 It is One of the firft Laws of Nature and 
 , Reafon, and the Cuflon of almoft all Nations 
 upon Earth, refpecling Property, that Pof- 
 fefflon makes a Right again/I all who cannot pro- 
 duce a worthier Claim. Upon this Law, our 
 Statutes of Limitation are now moft equita- 
 bly founded. For if, in a certain Number 
 of Years, no Claimant appears againft a Pof- 
 feflbr, it is a Prefumption, amounting to 
 Proof, that the Pofieifor, himfelf, has the 
 "worthieft Claim. But, neither the Laws of 
 Nature, Reafon, or Cuftom, nor PofTeflion 
 for feveral Centuries, proved fufficient, at 
 thoie Times, to preferve to Irijb Catholics the 
 Inheritance of their Anceftors that was cru- 
 elly rent from Them, by this iniquitous 
 Court, as the Committee of the Irijb Houfc 
 of Commons complained, in 1634, " to the 
 litter Overthrow of many nolle and deferring 
 Perfons that, for valuable Confederations of Ser- 
 vice, or Money, or Both, honourably -and fairly 
 acquired tbofe Eftates" 
 
 During the Reign of James I. this Bufmefs 
 was vigoroufly and effectually profecuted, 
 under the Adminiftration of his Deputy, 
 
 Sir
 
 Sir Arthur Chkbejler, who, accordingly, was 
 rewarded with a Dividend amounting to the 
 yearly Value of ten thoufand Pounds Sier. 
 a Fortune next to Princely in thofe Days. 
 
 During the Reign of Charles I. this fame In- 
 quifition, after defective Titles, was profe- 
 cuted with equal Application by his Deputy 
 Lord Falkland, who received, in one Sum, a 
 Gratuity of ten thoufand Pounds Sterling. 
 And, again, the Earl of Stratford, perceiving 
 what a high Recompence his Predeceflbrs had 
 found, determined to exceed All in his Dili- 
 gence on the Occafion. He is not afhamed 
 to tell us that he propofed to have his Inqui- 
 fition attended with a Body of five hundred 
 Horfe, as good Lookers on. That he further 
 refolved to treat with Such as might give 
 Furtherance in finding the Title for the 
 King. That he enquired out jit Men to ferve 
 upon the Juries. That he found great Ad- 
 vantage in granting the Judges a Portion. 
 And, in the County of Galway, when a Jury 
 refufed to difpofiefs the Natives and find the 
 Title in the King, he fined the Sheriff that 
 returned them a thoufand Pounds, and bound 
 over the Jury to anfwer in the Caftle-Chambcr 
 " where," fays he, " we conceive it is fit that 
 " their pertinacious Carriage be followed with all 
 *' jufi Severity" And agreeable to faid Mea- 
 furcs four whole Counties in Conaught were 
 further found for the King, as alfo a great 
 Extent of Territories in Munjicr, and the 
 County of Clare. Temples Hi/i. p. 13. 
 
 Such
 
 Such was the bkjfed Condition in which Mr. 
 Serjeant and Lord Clarendon are pleafed to 
 tell us that the Roman-Catholics of Ireland 
 lived during the faid two Reigns. Deprived 
 of their Patrimony and Inheritance upon 
 Earth, and prohibited from worfhipping Hea- 
 ven according to their Confcience, what Pro- 
 fpecl was left them for Here or Hereafter ? A 
 Worm, when bruited, will turn, but thefe 
 People, notwithstanding the Severity of their 
 Sufferings, ftill continued within the Pale of 
 Peace and Allegiance. 
 
 At length, the Animofities that fubfifted 
 between the King and his Parliament began 
 to flame abroad. A Rebellion broke out, in 
 Scotland, that was countenanced and abetted 
 by the Puritan Party, in England. The Pu- 
 ritan Party, in Inland, had got the Reigns of 
 Government into their Hands, and were fpi- 
 rited and ftrengthcned by the Counfel and 
 Encouragement of their Friends in England. 
 And both the Church and the State, as then 
 eftablifhed by Law, began to be threatened, 
 with final Diilblution, by Thofc who thought 
 themfeives of Ability to give both the Gofpel 
 and Law to the Land. 
 
 In fuch Times, and at fuch a Juncture, 
 what had wretched Irijb Catholics to hope 
 from Rulers who then meditated, and foon 
 after effected, the Downfall even of Mo- 
 narchy and Epifcopacy itfelf? Indeed thefe 
 deprefied People, then, looked for nothing 
 lefs than utter Extirpation ; nor were their 
 
 Fears
 
 ( 24 ) 
 
 Fears and Surmizes without an adequate 
 Foundation. 
 
 Before they offered to fwerve from their 
 Obedience to Government, Sir William Par- 
 fons, One of the Lords Juftices, at a public 
 Entertainment, before many Witnefles, dii 
 pofitively declare that within a Twelvemonth 
 no Catholic mould be feen in Ireland. 
 
 It was alfo currently rumoured that the 
 Rebels of Scotland propofed to invade them 
 with an Army of 10,000 Men, and put Man, 
 Woman and Child to the Sword. And a 
 Report at the fame Time prevailed among 
 Them, as Doctor Maxwell, afterwards Bi- 
 fhop of Kilmore, depofeth, that tbe Parliament 
 of England bad a Plot to bring them all to 
 Church, or cut. O ff all the Papijls in the King's 
 Dominions. Even the King himklf, againft 
 whom they are faid to have rebelled, apolo- 
 gizes for them in his Eck. BafMc. " where" 
 (he fays) " thatDefpair being added to their 
 *' former Discontents, and the Fear of utter 
 ** Extirpation to their wcnted Oppreflions, 
 *' it was eafy to provoke them to open Re- 
 " bellion, &fr." 
 
 Thus, it mould feem that thefe diftreffed 
 People arofe, v not through any Defect of Al- 
 legiance to their King, of due Obedience to 
 Government, or of Good- Will or Affection to 
 their Proteilant Brethren. They judged that 
 fuch an Infurrection was indifpenfably necef- 
 fary to their Self -Defence, the fir ft great Law 
 of Nations as of Nature: And they judged, 
 
 at
 
 ( 25 ) 
 
 at the fame Time, that they were effectually 
 ferving their King and theConftkution, as is 
 evident from the Marquis of Clanricardes 
 Letter to his Majefty, 26th of Oftober, 1642, 
 wherein we find the following Paffage. 
 
 Serjeant Statute, 
 
 My "Lords, I muft beg Permiflion, at this 
 Time, to interrupt Mr. Candour. 
 
 Suppofing we allowed that the Roman Ca- 
 tholics of Ireland were perfecuted and op- 
 prefled in the Manner he fuggefts: Sup- 
 pofing, I fay, we granted that the Motives 
 of their Infurredtion and Rebellion againft 
 Government were founded on fuch Facts as 
 'he has fet forth. Can This, however, be, in 
 any Meafure, a Juftification of the horrid Bar- 
 barities that enfued thereon, committed, al- 
 moft wholly, on the Helplefs and InofFending, 
 on Thofe who had neither the Power, nor 
 the Will to promote or contribute to the 
 Lead of their Sufferings ? Good Heaven, to 
 what an Infernal Depth may Humanity be 
 degraded! to what Excefles will bigotted 
 Zeal and bloody Enthufiafm conduct their 
 Votaries! What, fifty Thoufand flaughter- 
 ed, perhaps in one Night, unfufpecting, con- 
 fiding in the Friendfhip of their Butchers ? 
 one hundred and fifty Thoufand mafiacred, 
 within the fpace of two Months ; unprece- 
 dented Cruelty : dreadful Fads, long affirm- 
 ed by unqueftionable Tellimonies, that no 
 C Eloquence
 
 ( 26 ) 
 
 Eloquence can palliate, nor Sophiftry evade. 
 Thefe are mocking Imputations, They are 
 weighty Truths, indeed. They have lain" 
 heavy on this People for a hundred and 
 twenty Years, and are likely to lie upon 
 them, from Generation to Generation, as 
 long as any Diftinftion remains between Pro-' 
 teftant and Papift. 
 
 Coiuifelhr Candour. 
 
 My Lords the Judges, and Gentlemen of 
 the Jury. I am not infenfible of the many 
 Difad vantages that I happen to lie under in 
 my Anfwer to this Part of Mr. Serjeant's 
 Charge. He rightly-obferves that this heavy 
 Imputation, whether juft or unjuft, has long 
 lain and'ftill lies on this unfortunate People. 
 It is a Prejudice deeply rooted in the Minds 
 of Proteftants, a Matter fo received and cre- 
 dited by all as not once to be controverted 
 or examined by any : And, though we and 
 they are equally the Sons of Adam^ and that 
 neither they nor their Fathers, nor the Fa- 
 thers of their Fathers had any Aft or Part in 
 this bloody Bufinefs; yet, their being the 
 more immediate Defendants of Men, who 
 are faid to have treated Proteftants with fuch 
 Inhumanity, leaves an Impreflion of Jealoufy 
 and Difguft on our Hearts that may not be 
 fuddenly and eafily erafed. 
 
 I have already confefled that I know of 
 very few Writers, of the Roman-Catholic 
 
 Seft
 
 (47 ) 
 
 Sect or Party, on this Subject. If any there 
 'were, yet, who would dare to print or pub-- 
 lifh a Syllable in Favour or Vindication of 
 Papifts, during the Regency of Oliver Crom- 
 ivdl? Or if fuch Things were printed, they 
 were fuppreiTed by Authority, or have pe- 
 rifhed in a Corner for want of Sale. 
 
 Now though the Teftimony of their Ene- 
 mies, when againft thefe People, may bejuft- 
 ly fufpected ; yet, fhould thofe Enemies ad- 
 * \v.::ce any Tiling that rends to their Juflifi- 
 carion, I'ich Teftimony mud claim 'a double 
 Credit, as nothing Ids than the Rack, or the 
 greater Force of Truth can be fuppofed to 
 extort it. 
 
 For all that I have advanced or (hall, here- 
 after, advance in this Argument, I have here 
 in my Hands unqueftioned Authorities, to 
 which I beg leave to refer your Lordfhips and 
 the Jury, on any Controverfion or Doubts 
 that may arife. 
 
 The Writers of chief Note, who have 
 treated of the faid Rebellion of 1641, are 
 Lord Clarendon, Sir John Temple^ and Doctor 
 Borlafe. 
 
 Lord Clarendon was an Englijlman. He, 
 probably, had never been in Ireland. His 
 Attention was nearly confined to the Con- 
 cerns of his native Country. He took fbme 
 Things from Rumour, from People (truck 
 with Pannics, whofc Fears and Antipathies 
 magnified Mole-hills into Mountains. And 
 fome other Things he took on Truft from 
 C 2 the
 
 ( 28 ) 
 
 the faid cotemporary Hiflorians, without 
 recollecting, and, porfibly, without being ap- 
 prifed that They were fo deeply interefled 
 in blackening and fupprefling the Irijh Catho- 
 lics, with whom they lived in continued En- 
 mity, and by whofe Ruin They profpered. 
 Lord Clarendon was, himfelf, deceived ; but 
 thefe Men intended to deceive others. 
 
 They tell us in the firft Place, that, by 
 Confpiracy and fpecial Appointment, on the 
 23d of Oftoler, 1641, a Rebellion broke 
 out through Ireland, and that the Infurrect- 
 on was univerfat, except in Dublin. Second- 
 ly, that forty or fifty thoufand Proteflants 
 were butchered before Notice or Time fuf- 
 ficient for avoiding the Danger. And, Third- 
 ly, that, within the two firfl Months of the 
 Rebellion, more than one hundred and fifty 
 thoufand Proteflants were mafTacred in cold 
 Blood. 
 
 Now, My Lords, if, either directly, or by 
 neceffary Implication, I can prove from the 
 Mouths of Proteflants, from the Mouths 
 of Puritans themfelves, even of Thofe in 
 higheft Station, and who, from ths Nature 
 of their Place, mufl have known more of 
 thefe Matters than all Others; if I can prove, 
 I fay, from Rich unqueflionable Teftimonies, 
 that each of the above three Articles is falfe ; 
 it mufl follow that fuch Scandals were vented 
 and propagated, on Purpofe to perpetuate 
 Divifion and Rancour between the Inhabit- 
 ants of that unhappy Country: And Irifb 
 
 Proteflants
 
 Proteflants will, thenceforth, learn to behold 
 their Catholic Countrymen with Eyes of fu- 
 ture Charity and brotherly Benevolence. 
 
 From the firft EngliJJj Invafion in the 
 Reign of Henry the fecond to the Reign of 
 Queen Elizabeth, the Irijb had generally liv- 
 ed in a State of favage Anarchy. They had 
 been deprived of their own Governors, their 
 Conftitution and Laws, without having Others* 
 duely fubfHtuted in their Room ; It is true 
 that England fent them Rulers from Time to- 
 Time ; but thofe Rulers ' were as Planets, 
 that looked down upon the Irifo with Af- 
 pecls of malignant Influence, nor once of- 
 fered to receive Them within the Sphere of 
 common Protection and Beneficence. No 
 fpiritual Diftinction as yet fubfifted between 
 them-, the Cotention was of Papifts againfl 
 Papifls-, but the Words Eriglijb. and fajjj 
 ferved as forms of War diffidently vir; 
 without the Whetflone of Religion to (harp- 
 en their Ferocity. 
 
 A certain ancient Perfonage once offered to- 
 make a Gift of this whole World, and all 
 the Glories thereof, upon the Party's barely 
 doing him a fmgle Aft of Homage. In like 
 Manner, Pope Adrian had made a prefent of 
 all Ireland to Henry the fecond, although the 
 Popes of/towf, from the Eirrh of St: Piter 
 to the Invafion of the Englijb, never had a 
 Foot of Land nor a Grain of temporal Au- 
 thority in that Kingdom. And laftly, the 
 Kirgs of Eftgfafid, r-n the fan-? righteous 1 i- 
 ' c 3 tie,
 
 ( 3 ) 
 
 tie, had divided the whole Ifland between a 
 Few of their Englifl} Subjedts, and left them 
 to get it from the Zr/'/fr, as well as They 
 could. And thus it mould feem, that Peo- 
 ple are never inclined to be more bountiful, 
 than when they make Donations of the Pro- 
 perty of Others. 
 
 Hence it came to pafs that during a long 
 Interval of upward of three hundred Years,, 
 from Henry II. to Queen Elizabeth, the Irijb 
 looked on the Engli/b as Invaders of their 
 natural Rights and Properties ; and the En- 
 glijb, under Colour of the faid Gifts, looked on 
 Ireland as lawful Prize, and on any Oppofiti- 
 on, to their Will, as Rebellion. The En- 
 glijb, as Lords paramount, treated the Irijb 9 
 as Vaflals, with an infolent Severity ; and the 
 Irijb, likeaHorfe reludlant to the Rider, dill, 
 laboured to difcharge themfelves from the 
 Lam and the Rein. Hence, perpetual Fears, 
 and Jealoufies, and Oppreflions, on the one 
 Part, and on the Other, Difcontent and fre- 
 quent Infurre&ion. When the Irijb were: 
 Offenders, they had rarely other Trial fave 
 That of martial Law ^ and when they were 
 offended, they had no Redrefs to look for,, 
 in any Englijfr Court, again ft the Englifh. 
 
 In this State of frequent Warfare and con- 
 tinual Animofity, the Englifh and the Irijb had 
 fcarce any other Employment than recipro- 
 cally to guard themfelves againft Each other. 
 The Bleflings of Peace, of Unity and Com- 
 ' munity, were altogether Aliens to this defo- 
 
 lated
 
 (3' ) 
 
 lated Kingdom. Amidft loofe Morals and fa- 
 vage Manners, mutual Rancours and Ra- 
 pines, what Urbanity could be cultivated or 
 Civility found ? No Trade could circulate 
 where no Intercourfe of Safety or Amity was 
 provided. All ,Arts were rooted out ; the 
 Praclife and Methods of former Crafts and 
 Manufactures were wolly forgotten ; and 
 even the Sound of the Hammer was fcarce 
 heard in the Land, fave for forming or fharp- 
 ening the rude Instruments of Battle. 
 
 Could any Land be cultivated, could Agri- 
 culture take Place, where the Sower was 
 doubtful of the Hand that mould reap? 
 While the Englifo and Irijh mutually coveted 
 and grafped at the Pofldlions of Each other, 
 the Precarioufnefs of Property, on either 
 Part, difcouraged them from that Induftry 
 which was neceffary for the Encreafe of what 
 was honeflly their own. This naturally pro- 
 duced Indolence, and Indolence produced 
 Want, and Want as naturally withheld them 
 from the Propagation of their Species, which 
 was further abridged' and thinned by the 
 Wafte of frequent Wars. 
 
 Queen Elizabeth wifhed to put an End to 
 thefe Evils. She wimed to unite both Par- 
 ties as one People under one Monarch; (b 
 as All mould enjoy, in common, the Advan- 
 tage of the Laws, under a free Conftitution :. 
 But the Minifters, appointed for fuch bene- 
 ficent Purpofes, were very far from anfvver^- 
 ing to the Worth of her Intentions, and mar- 
 
 ny
 
 _ (3* ) 
 
 ny lavvlefs Practifes and unwarrantable Seve- 
 rities continued to be exercifed towards the 
 Injh. 
 
 The Majority of the Englijb, in that King- 
 dom, were now, alfo, of the reformed Re- 
 ligion. This ferved to adminifter new Mat- 
 ter of Diftinclion and frefh Caufe of further 
 Diflention and Quarrel. The late Confor- 
 ming imagined that they could not better 
 prove the Truth of their own Religion, than 
 by perfecuting their Brethren of a dif- 
 ferent Perfuafion ; and the Act of Uniformity 
 and the Act of Supremacy, fo fevere to be im- 
 pofed, and fo impoflible to be complied with 
 by Roman-Catholics, againft their inward 
 Dictates of Duty and Confcience, began to 
 be enforced with much Rigour. 
 
 They now apprehended, with fome Ap- 
 pearance of Reafon, that they mould be 
 compelled to forfake the Religion of their 
 Forefathers, to which they were more attach- 
 ed than to all temporal Pofleflions ; and, in- 
 deed, Sincerity in Religion, whether well or 
 ill founded, is the beft Security we can have 
 of the Integrity or Morality of Mankind. 
 
 This Fear of the Excifion of their Eccle- 
 fiaftical Syftem, with the many civil Oppref- 
 fions that they continued to labour under, 
 united to excite .the native Roman-Catholics 
 of Ireland to three feveral Rebellions during 
 the Reign of Queen Elizabeth, the laft of which 
 was very formidable under Tyrone, and could 
 not be fuppreffed. without great Cofl and .Diffi- 
 cult V,
 
 ( 33') 
 
 culty. And this War again conduced to de- 
 populate the.Land, and flill further to ex- 
 afperate the Engli/b and Irijh, the Protellants 
 and Papifts, againfl Each other. 
 
 What en fued, during the two fucceeding 
 Reigns, refpeding the prefent Argument, is 
 already recited. The Trumpet of War, for 
 a Time, had ceafed to blew. The native 
 Irijb began to warm themfelves in the Sun- 
 mine of a lawful and juft Government. They 
 were now free to plead in thole very Courts 
 where they could rarely obtain the Privilege 
 of being impleaded. They got a Glimmer- 
 ing of the Advantages of a free Conflitution, 
 by feveral particular In (lances of the Guardi- 
 anfhip of their Perfons and the Security of 
 tliir Properties. And had not thofe very 
 Laws (to which this diftreffed People gladly 
 fled for Protection) like Penelope, unravelled 
 the Web they had woven, Irijb Catholics 
 would have fat down, in Peace and Con- 
 tentment, the moft pleafed and the moft 
 grateful of all Men upon Earth. 
 
 At the Begining of the Reign of James I. 
 it was found that the many Difcouragements 
 to Propagation, with the Wade of frequent 
 and long Wars, had left but few Inhabitants 
 in the Kingdom of Ireland. The Sword, it 
 is true, was fheathed for the prefent; but the 
 Commotions in the Minds of Englijb and' 
 Lrijh, of Proteftants and Papifts, like the Sea 
 after a Storm, took a long Time to fubfide; 
 and the Cuftom of fettled Peace, with the 
 
 AfTurance
 
 ( 54) 
 
 Affurance of domeftic Quiet and Family-En- 
 joyments, are necefTary to the Encourage- 
 ment of matrimonial Eflablilhments. 
 
 Hence it happened that, at the Infurrecli- 
 on of 1641, the Inhabitants of Ireland had 
 not encreafcd, in the Proportion that might 
 have been expected, during a Truce, as I 
 may lay, of forty Years. 
 
 About that Time, the laigell Towns in 
 'the Kingdom were very thinly peopled-, the 
 Number refi.dent, even in the Metropolis, 
 fcarce amounted to twenty thoufand Inhabit- 
 ants; and Sir William Petty and Others com- 
 pute that the Britifb, including both Englifo 
 and Scotch, were, in Proportion to Iri/h Catho- 
 lics, as Two to Eleven, and did not exceed 
 225000 in the whole Realm. Now, one 
 Third of the faid Number were all Scotch, or 
 of Scotch Extraction, who had fettled in the 
 fix efcheated Counties of the Province of Ul- 
 Jter, and had there eftablifhed fo very formi- 
 dable a Colony that the Irijb, during thefe 
 Troubles, did not dare to attempt them. 
 Wherefore if, independant of the faid Scotch 
 Colony, one hundred and fifty thoufand En- 
 gliflj Proteftants, as is faid, had been maf- 
 facred during the two firft Months of this In- 
 furrection ; not a fmgle Englijh Proteflant had 
 been left in the Kingdom ; and here a Peri- 
 od, at once, had been put to the War or, at 
 leaft, to all Contention between Proteftants 
 and Papifts in that Country. But, I fhould 
 previoufly have anfwered to \hefirft Article of 
 
 the
 
 (35 ) 
 
 the Charge, that on z^d of Oflo&er, 1741, 
 this Infurreftion was umverfal except in Dublin. 
 
 When the News of a Rebellion firft reach- 
 ed the Metropol s, as the Pannic of the Peo- 
 ple was great, their Apprehenfions had no 
 Limit, and the Government imagined that 
 the Confpiracy and In furred ion had been 
 univerfal. They accordingly nTued a Pro- 
 clamation, without Diftinclion, againfl all 
 Irijb Papifts as Traitors to the State ; but, 
 ton better Information, they acknowledged 
 and reformed the Error, of this firft Procla- 
 mation, by a Second, wherein they declare 
 and publifh, that " by the Words Irijh Pa- 
 V pifts (mentioned without Diftindtion in the 
 " former Proclamation) they intend only fuch 
 *' of tie old mire 'Irijb in the Province of Ul- 
 " Jler, as had plotted, contrived, and been 
 " Actors in that Treafon, and Others who 
 " adhered to them." 
 
 In the Journal of the Houfe of Lords, in 
 England, we find among other PafTages of 
 a Letter, wiitten to the Lord Chamberlain 
 and dated the 1 4th of November, 1641, the 
 following remarkable Words, " That the 
 " Province \Conangbt\ wherein his Lordfhip 
 " \Clanricardi] is, doth utterly diflike the 
 " Proceedings of the Rebels and that the 
 " whole Province of Minifter is yet quiet." 
 In a Letter of the fame Date to the Earl of 
 Briftol, the Earl of Clanricarde fays, that" at 
 " firft he was on a fudden furprized with the 
 ^ moil fatal News of a defperate Rebellion
 
 ( 36 ) 
 
 u in the North, and a Rumour of a general 
 " Combination and Confpiracy throughout 
 " the Kingdom. But, (he adds) we begin 
 " to recover our Wits, feared away by the 
 " firft Reports, and to to difcern that None 
 " appears in this deteftable Confpiracy, or 
 " enters into Action, but the Remains of the 
 " ancient Ir.ijh Rebels in the North, and 
 ." fume in the planted County of Leitnm." 
 And, in a Letter dated the i4th of the fol- 
 lowing December; from the Lords Juftices, 
 Sir William Parfons ar,d Sir John Borlafe, to 
 the Lord Lieutenant of Ireland, then in Eng- 
 land, They write " That the Fire, which 
 " was firft kindled in Ulfler and lay a-while 
 " fmothered in other Parts, begins now to 
 " break out generally." 
 
 Serjeant Statute. 
 
 With the good Leave of the Court I muft 
 obferve ; that it is no Way metmal to the 
 prefent Argument, whether this Infurrection 
 was general on this or on that particular Day,- 
 or whether the Fire of Rebellion firft broke 
 out in this or that particular Province; pro- 
 vided the Murders and MaiTacres, charged, 
 were commited and perpetrated, within the 
 Time fpecified, either in this Province or 
 that Province, or in any Part of the Kingdom. 
 
 Connjellw
 
 ( 37 ) 
 
 Counfelkr Candour. 
 
 Your Pardon, my Lords. If a Witnefs 
 comes, in to Court, and is found to prevari- 
 cate in the firft Part of his Evidence. If 
 other Witneffes, of unqueftkmable Credit, 
 (hall prove, that he begins his Depofition 
 with Allegations clearly contrary to Truth 
 and to Fact j what (hall hinder us from in- 
 ferring that fuch a Witnefs may, equally, 
 have milled us in the fubfequent Part of his 
 Teftimony ? 
 
 But further With your good Leave, my 
 Lords, and Oentlemen of the Jury, I appre- 
 hend and do infift that it is extremely mate- 
 rial, to the prefent Argument, to mew, as I 
 have done, that this Infurreclion was very 
 far from being general, either on the firft 
 Day, or in the firft Month, or in the two 
 firft Months fucceeding to the 23d of Ofto- 
 &er; Forafmuch as I (hall hereafter prove, by a 
 Croud of Teftimonies, that fuch an Infurrec- 
 tion was, by no Means, the general Intenti- 
 on of this People. That they avoided its 
 Commencement, That theydetefted itsCon- 
 fequences, That they were artfully and vi- 
 olently impelled thereto, with a View to the 
 Forfeiture of their Lives and Fortunes. And, 
 that they had no other Refource, no other 
 Option, than patiently to endure the Sword 
 and the Halter or to {land for tbeir Lives. 
 
 "D It
 
 It may however be neceflary, before I en- 
 ter on thofe Proofs fo requifite for the Miti- 
 gation and Removal of Prejudices long efta- 
 bliflied againft this unhappy People ; it may, 
 I fay, be previoufly neceflary to clear them 
 of the fecorwd and third capital Imputation, 
 Ib heavily charged upon them by Mr. Ser- 
 jeant Statute ; to wit, that forty or fifty thoufand 
 Proteftants were murdered before they fufpefted 
 tbemfehes in Danger ; and that one hundred 
 and fifty thoufand were majjacred in cold Blood 
 during the twofirft Months of this Rebellion. 
 
 Sir William Petty informs us that thirty 
 feven thoufand Englijh were maflacred, during 
 the firft Year of this Rebellion. This, in- 
 deed, is fomevvhat lefs than one hundred and 
 fifty thoufand, within the two firft Months. 
 But, neither mall we give Credit to this Gen- 
 tleman. He was principal Secretary to Ire- 
 ton the Regicide. He, himfelf, got five or 
 iix thoufand Pounds yearly Inheritance by the 
 Forfeitures; and he righteoufly conceived 
 that All were maflacred, whofe Blood was 
 med by the Rebels, though in Battle and 
 equal Combat. 
 
 Let us rather attend to the Teftimony of 
 the .Lords Juftices themfelves, who princi- 
 pally provoked and excited this Infurredion, 
 and who perfifted in their Prcvifions of con- 
 Itant Fuel for fupporting and fpreading the 
 Flame they had raifed. 
 
 The Lords Juftices and Council of Ire- 
 land, by a Letter dated the 25th of the faid 
 
 formidable
 
 ( 39 ) 
 
 formidable Oftobtr, acquaint the Lord Lieu- 
 tenant, that the Rebels had poflefled them- 
 ielves of the Caitfe, Wife, Children, and Ser- 
 vants of the Lord Blanty in the County of 
 Mwagban. As alfo, of the Houfe of the Earl 
 of Effex- called Carickmacrofs. As alfo of the 
 Houie of Sir Henry Spotwood in the fame- 
 County. That they had, further, plunder- 
 ed a Town and Plantation of the Britijb 9 
 had burned diver fe Houfes, had burned di- 
 verfe other Villages, and robbed and fpoiled 
 many Engli/b, and none but Proteftants, 
 leaving the Englifo Papifts untouched as welP 
 as the Irijb. That they had broken open the" 
 King's Store of Arms and Munition, at New- 
 ry, wherewith they had armed themfelves,' 
 and had plundered the English there, and dif- 
 armed the Garrifon. 
 
 Now, my Lords, in all this long Account 
 of various and manifold Violences and In- 
 juries, we have not a fingle Syllable tend- 
 ing toward Murder, or even toward Maim- 
 ing or any perfonal Hurt. No, not even 
 tending towards any Infult to the Men, or 
 Indecency to the Women. And yet they 
 clofe their Intelligence with this remarkable 
 Afiurance, even the joint Afltirance of the 
 Government, " That, This, though too mucb, 
 is all that they yet bear is done by the Rebels. 
 
 I take Leave to paufe a little. 1 wait 
 
 to know whether Mr. Serjeant has any par- 
 
 ticuliar Exception to the Teftimony of the 
 
 Lords Juflices and Council of Ireland, or 
 
 D- 2 whether
 
 ( 40 ) 
 
 whether he thinks them deferving of any 
 Credit in this Cafe, But, I fee he is diftrefled. 
 
 I will urge him no further on this Article. 
 
 It muft be confeffed, however, that Doc- 
 tor Borlafe and Sir John Temple prefume to 
 know more, of thefe Matters, than the Lords 
 Juftices and all the Council of Ireland, put 
 together. 
 
 Borlafe informs us that " In his Time it 
 
 II was confidently averred by the Irijb that 
 " not above Seventeen were killed at the 
 " Beginning of this Infurredkion." This he 
 calls a bold Aflertion. But he does not at- 
 tempt to difprove it, which he certainly 
 would have done, if warranted by Fads or 
 any Colour of Truth. 
 
 Sir John Temple admits that " The Irijb 
 " at the very firft, for fome few Days after 
 " their Breaking out, did not in moft Places 
 ** murder many Englifh ; but the Courfe they 
 " took was to feize upon all their Goods and 
 " Cattle." He affirms, indeed, " that there 
 " were fome Murders committed on .the firft 
 " Day of thefe Rebels rifmg." But then he 
 fays not where, by whom, or on whom fuch 
 Murders were committed ; and he adds that 
 Thefe he conceives were, for the moft 
 Part, done out of private Spleen, or where 
 they had particular Inftrudions fo to do; 
 but certainly, (proceeds he) That which 
 thefe Rebels mainly intended at firftj and 
 moft bufily employed, themfelves about, 
 
 " v/a*
 
 (4' ) 
 
 " ' was Driving away Englijhmens Cattle, and 
 " pofleffing themfelves of their Goods." 
 
 But, let us proceed to the laft Day of thofe 
 two fearful Months, in which it is'faid that 
 more /[/& Proteftants were mafTacred than 
 were actually, arthat Time in the Kingdom 
 of lr eland. - 
 
 On' the* 23d of December, 1641, precifely 
 two Motnhs from the Day of the Infurreftion, 
 the Lords Juftices iflued a Commiffion, in his 
 Majefly's Name, directed to feveral Ma- 
 giftrates and Gentlemen of the Province of 
 Uljler and elfewhere. And in this CommilTi- 
 on it is recited that " Whereas diverfe wick- 
 " ed and difloyal Petopfe have lately rife n in 
 '* Arms, iiv feveral Parts -of this Kingdom, 
 " and have robbed ; ~and ' fpoiled Many of 
 " our good Subjects," Britijh and Proteftants 1 , 
 w who have been feparated from their feveral 
 " Habitations and fcattered in mod lamenta- 
 " ble Manner; and forafrmich as it is need- 
 " fulto take due Examination concerning the 
 "fame: Kriow Ye, that V/e, repofmg fpe- 
 '* cial Truft and 'Confidence in your Care, 
 " &c. have nominated and appointed You 
 K to be our CommifHoners, &c. to call 
 " before You and examine upon Oath, s?r, 
 " as well all fuch Perfons as have been rob- 
 " ed and defpoiled, as all the Witnefles that 
 "'can give Teftimony, therein, what Rob- 
 14 beries and Spoils have been committtd cvi 
 " them fince the 22d of Oftobef laft, or iliail 
 " -hereafter be corr.inited on them- cr r<r,v 
 D 3 c-f
 
 u of them ; what the Particulars were, or 
 " are, whereof they were or (hall be fo rob- 
 " ed or fpoiled ; to what Value j by whom ; . 
 ** what their Names are, or where they now 
 " or laft dwelt, that commited thefe Rob- 
 " beries; on what Day or Night the faid 
 '* Robberies or Spoils, committed or to be 
 *' committed, were done ; what traiterous 
 " or difloyal Words, Speeches, or Actions-, 
 " were then, or at any other Time uttered. 
 " or committed, by thofe Robbers or any 
 " of them, and how often ; and all other 
 " Circumftances concerning the faid Parti- 
 " culars, and every of them : And You, our 
 " faid Commflioners, are to reduce to Writ* 
 " ing all the Examinations, &c. and the 
 " fame to return to our Juftices and Council 
 " of this our Realm of Ireland, Witnefs, &c. 
 Never, fure, was a more minute Enquiry 
 enjoyned to be made, by Proteftants, of Da- 
 mages done to Proteftants: It reaches even 
 to the Treafon of Words and Circumftances. 
 But, is there any Enquiry enjoyned here, con- 
 cerning Murder, or are any fuch Murders 
 intimated, or fuppofed to have been commit- 
 ed before the Iuuing of this Commiflion ? 
 The Proteftants, it is true, are here faid to 
 have been robbed, and fpoiled, and driven 
 from their Habitations, and fcattered abroad ; 
 but they are called together, again, with 
 their Adherents and Witnefles, to be exa- 
 mined, viva Voce as One would imagine, 
 -.touching the Damages they had fuffered-, 
 
 a pretty
 
 ( 43 ) 
 
 Q- pretty flrong Implication that tliey were 
 not murdered. For, otherwife, it (hould 
 feem that a Commiffion to enquire into the 
 Murder, as well as the Spoil of one hundred 
 and fifty thoufand, ought to have been di- 
 redted to fiich Magiftrates, as dZacus and 
 Rbadamanthus, who might have Authority to. 
 take the Depofitions of the Deceafed. . 
 
 Serjeant Statute. 
 
 My Lords. there is no bearing the Info- 
 lence of fuch a fuppofed Triumph. We may 
 fhortly expert to be told, by this Gentleman,, 
 that there never was fuch a Thing as the 
 Rebellion of Forty-one. He may, poflibly even 
 except to the Depofitions, legally taken, of the 
 Multitude of bloody Butcheries committed 
 by this People ; Depofitions that have flood 
 the Teft of all Time and Enquiry ; entered 
 on Record, transferred into Hiftory, and open 
 to the Perufal, as well as impotent Cavil and 
 Contraverfion of all People thefe hundred 
 Years and upward. 
 
 CounfeUor Candour. 
 
 I do except to thofe very Depofitions, Mr. 
 Serjeant. They were taken by prejudiced' 
 People, and ought, therefore, to be fulpected. 
 Many of them are faid to be the genu- 
 ine Depofitions of Perfons who could neither 
 write nor read, and who, confequently, were
 
 (44 ) 
 
 ignorant of the Contents of the Papers to 
 which they fet their Mark. Many Others 
 were taken warm from Perfons jufl arrived, 
 in their Flight from the Enemy ; their Pan- 
 nic naturally heightened the Terrors of their 
 Imagination ; and,each of them came like the 
 Mefiengers to Job, and cried, I only am left to 
 tell the fak, in their, Concern for their Kindred 
 and Friends behind, they actually conceived, 
 and were ready to depofe, that All were put 
 to the Sword wrthout Exception ; and, in fad, 
 they fwore, fpecially, to the Murder of fe- 
 veral Proteftants who, ten, twenty, thirty, 
 and forty Years, afterward, were living Wit- 
 nefles of the Falfhood of thefe Depofitions. 
 
 I mould, laflly, be glad, to know what 
 Degree of Credit a Gentleman, of Mr. Ser- 
 jeant's (lender Faith in other Matters, is like- 
 ly to give to feme of thefe fame Teftimo- 
 nials that have, fo veritably, flood the Teft of 
 all Time and Enquiry. 
 
 Tbey tell us that a Man was wounded in 
 feveral Places -, that his Body was ript up, 
 and his Bowels taken out ; during all which 
 he fhed not one Drop of Blood, 
 
 Again they tell us -of a , young Perfon 
 whofe Flefh was Proof againft Steel, and, 
 like the Stygian Achilles, could not be pierced. 
 
 And #gain they tell us that " Hundreds 
 " of the Ghofts of the Proteftants, that 
 ' were drowned by the Rebels at Portadown 
 "Bridge, were feen wandering about that 
 " Place, and beared crying for Revenge.? 
 
 From
 
 (45 ) 
 
 From which Depofition we muft infer, that 
 thefe Ghofls were as duely numbered as they 
 were truely fworn to ; but that they were 
 not Ghofts of a very forgiving Temper, who 
 thus carried their Deftre of Revenge beyond 
 
 the Grave. Alas ! Revenge enough, as 
 
 I can mew, had been taken already. 
 
 Serjeant Statute. 
 
 My Lords, I requeft to know from the 
 Counfel for the Accufed, whether he ad- 
 mits that any Mafiacres, or Murders, were 
 at all committed by Irijh Catholics, during 
 the Courfe of this Rebellion ? Or, if any Re- 
 bellion there were, whether it might not 
 have been a very placid Kind of Bufinefs, and 
 wholly innocent of Blood ? 
 
 Counfelhr Candour. 
 
 There were, indeed; there were, Mr. Str*- 
 jeartt) tod many Murders and Maflacres com- 
 mitted on both Sides. But, not by the Peo- 
 ple properly called Proteftants; nor, properly 
 fpeaking, by the People called Iri/b Catholics. 
 They were commited on the one Part, by a 
 fanatic and enthuftaJUc Soldiery \ and on the 
 other, by a favage and cxafpsrated Rabble of 
 Irijh Banditti or Free-hooters. Englijb Protefi- 
 ants and Injb Papifts were, alike, Sufferers on 
 the Occafion. The Generality, of the One 
 and. the Other, had in no Degree either 
 
 fought
 
 fought- or- provoked the Quarrel,, and yet 
 they were mutually made the Victims there- 
 of i and the Helplefs and the Innocent, on 
 either Part, were cafl to the Swords of the 
 Guilty and the Offending. Indeed, in fuch 
 Times of Anarchy and utter Mifrule, it is 
 impoflible but that many Offences mufl come. 
 Suppofe that, for a Term of twelve Months 
 from this prefent Day, all Government 
 mould happen to ceafe, or to be withdrawn 
 from any One of the bed civilized Common- 
 wealths upon Earth ; and that all the Mem- 
 bers, of fuch Community, mould be left, 
 without Account, to the Licentioufnefs or 
 Propenfity of their own Inclinations. Here 
 is no Rebellion, no Confpiracy, no previous 
 Appointment or Intention of Maflacresi but, 
 will That be a fufficient Protection fronr 
 Damage? is there not in all Climes, in all 
 Countries, and Setts-, enough of Wicked- 
 nefs and Violence, in the Natures of Some, 
 to give juft Caufe of Diftruft and Alarm to 
 Others? Strength and Power in this Cafe 
 would, unqueftionably, claim a Right to in- 
 vade, where Weaknefs mould be expofed 
 without a Protector ^ and Wolves never yet 
 were wanting to fall upon the Fold, where the 
 Penn and the Fences of Law were laid level. 
 But, after all the Calamities of any fuch 
 Mifrule, would it not be extremely fevere to 
 calumniate and quarrel with the Innocent and 
 Inoffending, merely becaufe They happened 
 to be of the Country, or Kindred, or Pro- 
 
 feflion
 
 ( 47 ) 
 
 Jeflion of the Aggreflbrs ? And, would it not 
 be ftill feverer that They, who fuffered by 
 fuch Licentioulhets, fhouid yet be accufed of 
 that general Mifgovernment which, in all 
 Refpeds, was their Misfortune, but their 
 Fault, in no luftance ? 
 
 And now, Mr. Serjeant, with the good 
 Pleafure of the Court, 1 am willing to decline 
 all further Argument touching the Rebellion, 
 as you call it, of 1641, that we may drop a 
 '/Veil over the Faults of fome Sectaries of 
 thofe Times, in tender Regard to the Secla- 
 ries of thefe Days, wi;h whom we continue 
 to live in .all Peace, Love, and Charity. 
 
 Serjeant Statute. 
 
 ' Shoot your Bolt, good Sir, and let it fall 
 .where it may. You muft not hope to 
 .come off fo, with a Kind of imaginary 
 Triumph, and -your fliort Campaign "of two 
 Months, fo fuccefsfulty parted over. 
 
 I confefs that I know not how to account 
 for Lord Clarendons Error touching his for- 
 ty or fifty thoufand, affirmed to be maflacred 
 on the firft rifing of thofe Rebels. This 
 mud have been an Interpolation of fome ve- 
 ry malicious Enemy of thofe People. -Or, 
 rather of fome artful Friend who, by the Ag- 
 gravation of fo egregious a Falfhood, was 
 defirous of covering the Truth of other 
 Fafts. Sir John Temple's Error, of two 
 Months, is much more eafily reformed by 
 
 fuppofingr
 
 ( 4* ) 
 
 fuppofing, as is mod probable, that the Prin- 
 ter had iubftituted the Word Months for 
 Tears. Such a ConcefTion would, again, fet 
 all to Rights, and reftore us to our princi- 
 pal Complaint agaiuft this People, that OM 
 hundred and fifty thoufand Proleftants iverc 
 majjacred, in cold Blood, during the two firft 
 Tears nf this Rebellion. 
 
 That this was nearly the Cafe may be in- 
 ferred from what Mr. Candour , himfelf, has 
 already allowed; that the old Irijh have al- 
 ways looked upon the Englijb as Invaders of their 
 natural Rights and Properties^ And that, like 
 a vicious Horfe, they have ever proved reluftant 
 to the Government and Guidance of their Rulers. 
 Such Sentiments and Propensities, as Mr. 
 Candour y himfelf, hath alfo obferved, occa- 
 fioned a perpetual Succeflion of Infurredi- 
 ons and Rebellions. And, at this tremen- 
 dous and deplorable Period of 1641, when 
 they perceived that England was embroiled 
 with Scotland, and the King embroiled with 
 his Parliament, They gladly feized the Oppor- 
 tunity of returing to their original Wildnefs 
 and Anarchy, which they endeavoured to effecT: 
 and, very nearly, accomplilhed, by the un- 
 precedented Maffacre and utter Extirpation 
 of almoft every Engliflj Proteftant within the 
 Kingdom. 
 
 Counfdlor Candour. 
 
 I did affirm, or allwo (fince fo you pleafe 
 to term it) Mr. Serjeant, that, the Iri/b, dure- 
 
 i: r
 
 (49 ) 
 
 ing the Space of three hundred Years and 
 upward, looked on the Engli/b as Invaders 
 of their natural Rights and Properties, and 
 that they laboured, during that Time, not 
 like a vicious but a rtluftant Horfe, to get rid 
 of the Lafh and Rein of their tyrannous 
 Riders. But, I added, Mr Serjeant, that, 
 in the Reign of James and Charles I. when 
 thefe People were received within the Pro- 
 tection of the Laws of an Engliflj Conllitu- 
 tion, when they felt the genial Warmth of a ' 
 juft and free government ; had not thofe 
 very Laws taken from them with one Hand 
 an Equivalent to the Advantages which they 
 gave with the other, had they not deprived 
 this very People of their Inheritance on Earth, 
 and prohibited them from worfhipping Hea- 
 ven according to their Con fcience ; IHJb Catho- 
 lics would have fat down, in Peace and Con- 
 tentment, the mod fatisfied and grateful 
 of all Mtn Living. 
 
 I am not fmgle in my Sentiments on this 
 Head. Sir John Davis, Attorney-General to 
 Jam&s I. and one of the itinerant Judges in 
 ^L eland, bears the following juft and honour- 
 able Teftimony in their Favour. 
 
 " Heretofore the Neglect of the Law 
 '/ made the Englijb degenerate and become 
 " lri!b\ and now, on the other Side, the Ex- 
 " eciuion of the Lav/ doth make the Irifb 
 " grow civil, and become E/ig/i/b" Again 
 he fays " I dare affirm that for the Space 
 " of five Years laft pad, there have tiot 
 E " been
 
 (50 ) 
 
 " been found Co many Malefactors worthy of 
 " Death, in all the fix Circuits of this Realm 
 *' (which is now divided into thirty two 
 " Shires at large) as in one Circuit of fix 
 <c Shires, namely, the weftern Circuit in 
 " England, for the Truth is that, in Time 
 " of Peace, the IHJh are more fearful to 
 * c offend the Law than the fcnghfb, or any 
 
 ' other Nation whatfoever." fc And again 
 
 he lays " In this Condition of Subjects they 
 *'- will gladly continue, without Defection or 
 " adhering to any other Lord or King, as 
 <c long as they may be protetied and jiiftly 
 * ( governed, without OppreJ/ion on the one 
 " Side or Impunity on the Other. For there 
 " is no Nation of People under the Sun that 
 " doth love equal and indifferent Juftice 
 " better than the Irifb, or will reft better 
 " fatisfied with the Execution thereof, al- 
 " though it be againil themfelves ; fo as 
 " they may have the Protection and Bene- 
 <c fit of the Law, when upon juft Caufe they 
 t do defire it." 
 
 Agreeable to this meritorious and amenea- 
 ble character^ during the whole Courfe of 
 the War, that enfued on the Infurrection of 
 Forty-one (the only Period of Hiftory where- 
 in their bittereft Enemies have ever attempt- 
 ed to brand them with any Difhonour) 
 during that whole War, I fay, eight Tenths, 
 of Irifb Catholics, never offered to ftir in 
 any Aft of Hoftility. 
 
 Great Numbers of thefe People, and efpe- 
 
 cially
 
 ciaily of their Gentry, were, at that Period, 
 perfonally attached to the King, They were, 
 univerfally attached to the Civil-Conftitution, 
 They generally detefled the Thoughts of 
 any Kind of Oppofition to Government ; and 
 fome thou finds of 1,-ify Catholics, flood a- 
 gainft L-ifb Catholics, on this Occafian, and 
 lifted themfelves under the Banners of his 
 Majefty and the Commonwealth, in order to 
 reduce their Brethren to Peace and Allegi- 
 ance. 
 
 I lay not this, my Lords without Autho- 
 rity. Mr. Serjeant has quoted Lord Clarc:i- 
 dm, again ft theie People, permit me, in m.y 
 Turn, to qjiole him in their Favour. " Ma- 
 " ny Perfons of Honour, (lays his Lordfhip) 
 " among the Irijb Catholics had ahvays gi-- 
 " ven fignal Proofs of their Duty and Af- 
 u fedtion to the King. Others of them were, 
 " by the Paflion and Rigour of Thofe who 
 " were then in Authority, and had Power 
 " enough to deftroy whom they had Incli- 
 " nation enough to fufpect or'accufe, driven 
 " to put themfelves into the Protection of 
 " Thofe whofe Ways and Courfes they to~ 
 " tally difapproved." 
 
 Hear the Word of a King, alfo, in behalf 
 of this People, where he tells us that the 
 Perfons then in Authority, " exafperated 
 " the lri(b to the moft defperate Refoiutions 
 " and Actions, by threatening all Extremi- 
 " ties, not only to the known Heads and 
 4< chief Incendiaries, but even to the whole 
 2 " Community
 
 (5* ) 
 
 " Community of the Nation, refolving to 
 < c deftroy Root and Branch, Men, Women, 
 " and Children, without any Regard to the 
 " ufual Pleas of Mercy, &c. 
 
 Hear, again, the Teflimony of the Earl 
 of Clanricarde, then General of an Army of 
 Irijb Catholics ; not raifed to promote the 
 Purpofcs of Treafon or Rebellion, but in De- 
 fence of Englifo Proteftants,. the King, and 
 the State. 
 
 In a Letter to the Lords Juftices, dated 
 June 27th, 1642, the General remonftrates 
 that " The Refolution taken to profecute 
 " the War with that Severity in general, 
 " 6JV. hath moved general Diftracftion, and 
 " armed moft Men with Defperation." And 
 again, in a Letter to his Majefty dated Juns 
 28th of the fame Year, he thus complains. 
 " At this prefent, the Rigour of incenfed 
 " . Forces falls in a Manner equally not only 
 " upon the capital Offenders, and others lefs 
 " criminal, but even upon well deferving 
 <: Servitors, Natives of this Kingdom, which, 
 " in my poor Opinion and Obfervation, will 
 *' retard your Service and put all in Defpe- 
 " ration ; and, for my own particuliar, it 
 " will not only difable me from Service, 
 " but draw a certain Ruin upon me, having 
 " not the Honour to have Englijb Forces 
 " under my Command, but what I am to 
 " aft being to be performed by Thofe that 
 " conceive themfelvcs deflined to diftrudi- 
 ^ on, let their Er.ckavours bs never fo loyal." 
 
 With
 
 C 53 .) 
 
 With the good Leave, and good Patience, 
 f your Lordfhips and the Jury, I will give 
 a brief and natural Hiftory of this Affair, 
 
 The civil and religious Severities that 
 Irijh Catholics laboured under, in the Sup- 
 preflion of their Religion and the Refumpti- 
 on of their Lands, had given a general Dif- 
 guft to All, and had, more efpecially, exaf- 
 perated Thofe who loft their Eflates, many 
 of whom, though Catholics, were of English- 
 Extraction. 
 
 .The Parliament of Ireland, from time to 
 time had remonftrated to the King on the 
 Article of civil Grievances, and his Majefty 
 had promiftd a gracious Red refs ; but this 
 Redrefs was induftriouily evaded, from time 
 to time, at firft by the Earl of Str afford, and 
 afterward- by the Lords Juilices and Council 
 of the Kingdom. 
 
 Mean while, the Chiefs of the Malccon- 
 tents, and principal Sufferers, being advifed 
 of the Commotions in Scotland, and of the 
 Fomenting of Jealoufies between the King 
 and Englijh Parliament, looked on this as a 
 fit Seafon,. with the AiTiftance of foreign 
 Forces, to recover their lapfcd Eftates, and 
 to re-eflablim the Religion of their Forefa- 
 thers. 
 
 In this View, they warmly, though pri- 
 vately, folicited Aid from the feveral Catho- 
 lic Powers of Spain, France, and Italy. But 
 a Defign of this Importance could not be.fo 
 fecretly conclucled but thai Intimation.-, there- 
 R cf
 
 ( 54-) 
 
 or, were fent to the King from abroad, which 
 Intelligence he transmitted to his Governors 
 of Ireland, who were further apprized of the 
 fame, by early Notices from leveral private 
 Perfons within the Realm. 
 
 Thefe Governors confequently, if fo they 
 had intended, might have crufhed this grow- 
 ing Offspring of Rebellion in the Egg. Or 
 they might better have removed the original 
 Seeds of Difcontent, by haftening thofe 
 Graces which the King had engaged to grant. 
 But, whether They were moft inclined to 
 quafh, or to fofter, this Embryo of Rebelli- 
 on, we come now to enquire. 
 
 The Commons of Ireland had employed a 
 Committee of their own Houfe, as Agents 
 to his Majefly, for the obtaining of two 
 Ac\s, to be palled in their prefent Parliament, 
 which Adts, as Sir John Temple informs us, 
 were moft impetuoufly defired by the Natives. The 
 One ffays he) was the Aft tf 'Limitations, 'which 
 unqueftwnably fettled all Eftates of Land in the 
 Kingdom quietly enjoyed, ivithcut Claim or In- 
 terruption for the Space of fixty Tears immedi- 
 ately preceding. The other was for the Relin- 
 quifoment of the Right and Title, labich his Ma- 
 jefly had to the four Comities in Conaught, legal- 
 ly found for him by feveral Inquifitions taken in 
 them, and ready to be difpofed of, upon a due 
 Survey, to Britijb Undertakers -, as alfo to fome 
 Territories of good Extent in Munjler and the 
 County of Clare > tfpw the fame Title. 
 
 Agreeable
 
 ( 55 ) 
 
 Agreeable to this impetuous Defire of the 
 Natives, thefe Agents had obtained the royal 
 AiTurance of the laid Acts, with further 
 Graces. They were now on their Return to 
 Ireland. The Lords fpiritual and temporal, 
 and Commons, in Parliament afTembled, had 
 fupplicated his Majefty that they might not 
 be prorogued or difiblved until fuch Time as 
 faid Bills were found, and other Grievances 
 removed. And the King had written his 
 exprefs Commands to the Lords Juftices to 
 fuffer that Parliament to fit until his Majefty 
 mould think fit to determine the fame. 
 
 But now it was that thefe fame Lords 
 Juftices, in direct Oppofition to this impe- 
 tuous Defire of the Natives of Ireland, to 
 the Supplication of both Houfes in Parlia- 
 ment affembled, and to the exprefs Command 
 of the King himfelf, did arbitrarily adjourn 
 the faid Parliament for three Months, and 
 did, thereby, preclude the Intention of the 
 faid Ads and Graces which, unqueftionably, 
 would have quieted the Minds of the People 
 and, confequently, have presented the en- 
 fuing Infurredion. And hence it appears 
 that the Lords Juftices, and Council of Ire- 
 land, had already fet the royal Authority at 
 Nought, and had taken the Reins of Govern- 
 ment into their own Hands. 
 
 Serjeant Statute. 
 
 My Lords, If my Notes do not deceive 
 me, Sir John Temple allures us that the faid 
 
 Lnrds
 
 Lords Juftices, Parfons and Borlafe, were con- 
 tent to draw up the faid two Ads of Limita- 
 tion and fo forth, to be pafied in the Parli- 
 ament 
 
 Coiinfdkr Candour. 
 
 Sir John Temple, indeed, gives That as his 
 Opinion; and he afligns a particuliar Reafon 
 for their being fo content, to wit, " becaufe 
 " they faw the King mofl abfolutely refolved 
 " to give the Iriffj Agents full Satisfaction." 
 But, afterward, we lee that they were not 
 content, inafmuch as they found Means to 
 baffle this abfolute Refolution of his Majefty, to 
 defeat the Supplication of both Houfes of 
 Parliament, and to difappoint the impetuous 
 Defires of the Nation in general. 
 
 Be pleafed, ruy Lords, further to note, 
 that when the faid Irijb Agents, on their 
 Arrival in Dublin, found the -Parliament ad- 
 journed, " They prefently applied to the 
 " Lords Juftices and Council defiring to 
 " have all tfcofe Ads and other Graces, 
 " granted by his Majefty, made known to 
 " the People, by Proclamations to be fent 
 " down into feveral Parts of the Country." 
 But This, allb, the faid Juftices and Council 
 declined to comply with, till the Time of In- 
 furreclion at lenght arrived \ an Infurredtion 
 which They -had earneftly delired, which 
 they had purpofely provoked, and -whereby 
 They purpofcd to render themlelv
 
 (57 ) 
 
 of the Lives and Fortunes of all the Roman- 
 Catholics in Ireland. But, my Lords, in the 
 Proofs of iuch weighty Allegations, I chufe 
 rather to depend on the beft Authorities of 
 the Times than, even on the beft Prefumpti- 
 ons and Deductions of Reafon, though a- 
 mounting, when united, ta the clearefl De- 
 monftration. 
 
 Lord Clanricarde, in his Letter from Ire- 
 land ^ to the Duke of Richmond, on the 23d of 
 
 * January, 1641, affirms that Cl All were dif- 
 " contented with thofe that managed the Af- 
 " fairs of State, there, whom they charged 
 " with lecret Practiling, both there and in 
 " England, before the Commotions began, 
 " to raife Parties and Factions, to deftroy 
 41 their Religion, to divert and hinder the 
 ** King's Graces intended towards them 
 " and, by that Means, to put them into 
 " Defparation, that they forfeit their Lives 
 " and Fortunes. And, as the Diftempers 
 " began, that they had fo difpofed of Af- 
 " fairs, as if the Defign was laid to put the 
 " whole Nation into Rebellioir 
 
 Again, the Author of the Hiftory of In- 
 dependency, having told us, to the Purpole, 
 that the Indspendants in the Englifi Parlia- 
 ment had inlifted, openly, to have the Pa- 
 pifts of Ireland rooted out, and their Land 
 fold to Adventurers , and that this impelled 
 the Iri'J) to the following Infurreclion. He 
 adds triat This " was purpofely done by the 
 " Independants,
 
 ( 58 ) 
 
 " Independants, that both Papifts and Protejl- 
 " ants might deftroy Oneanother there" 
 
 This was not altogether a Plan of novel 
 Policy. Homer gives us an Inftancc of the 
 like charitable Difptfjicn in the Character of 
 his Hero Achilles, vv here he prays to Jupiter + 
 that Greeks and Trojans might mutually ex- 
 tirpate Each-other, and that he and his Myr- 
 midons, alone, might remain to enjoy the 
 Spoils refulting from the Ruin of "Troy. 
 
 Oh! would to all th'immortal Pow'rs above, 
 Pallas, and almighty Jove! 
 
 That not one Trojan might be left alive, 
 And not a Greek of all the Race furvive, 
 Might We be left, we only, to enjoy 
 The Realm and Plunder of devoted Troy. 
 
 To thefe, a learned and reverend Author 
 of the Church of England adds his Teflimo- 
 ny. " That the Lords Juftices, Parfons and 
 44 Borlafe, did, by their Authority, com- 
 44 mand many Things, which did not only. 
 " exafperate $ut render the Irifb defperate,. 
 " as will appear by feveral of their own Let- 
 " ters, and public Ads of State ; and that, 
 " in the firfl Irruption of the Rebellion, they 
 had a greater Eye to the Forfeitures of 
 the Rebels Eftates, than to ufe fuch Means 
 as might, by the Hopes of Pardon, induce 
 the better Sort of the Nobility and Gen- 
 try to hear Reafon, and come in, and fub- 
 mit themfelves to his Majefty's Mercy, 
 
 " though
 
 ( 59 ) 
 
 " though they had exprefs Directions from 
 " the King, and two Moulds of Parliament 
 " fo to do." 
 
 Even Lord Clarendon is decifive on this 
 Head, and allures us that, " a more unpleafing 
 " and unpopular Inclination could not be dif- 
 " covered in any Man, than a Wifh or Con- 
 11 tent that a War, (from which fo many 
 " promifed themfelves Revenge and For- 
 " tunes) fliould be any other Way ended, 
 " than with the Blood and Confifcation of 
 " All, whom they could propofe to be guilty 
 of the Defection." 
 
 In the November, immediately fucceeding 
 the firft Infurre&ion, in Part of Ulfter, the 
 Parliament met, in order to pafs the Acts of 
 Limitation, &c. to quiet thediftraded Minds 
 of the People ; and to fupprefs thefe Begin- 
 ings of a growing Rebellion while It was, 
 yet, in its weak and infant State; and ac- 
 cordingly, Both Houfes, in a moft loyal Ad- 
 drefs, offered the Government their Lives 
 and Fortunes, for thefe \vholefome Purpofes. 
 But fays the Earl of Caftleba-ven, " this Way 
 " of proceeding did not, it feems, fquare 
 " with the Lords Juftices Defigns, who 
 " were often heard to fay, that the more were 
 " in Rebellion, the more Lands Jbould be forfeit 
 " to them i and therefore, in the very Heat 
 " of the Bufmefs, they rcfolved upon a Pro- 
 " rogation , which the Parliament under- 
 " (landing, the Lord Vifcount Co/lelloe and my- 
 " fdf were fent from the Lords Houfe, and 
 
 " Others
 
 ( 60 ) 
 
 " Others from the Commons', to the Lords 
 " Juftices, to defire the Continuance of the 
 " 'Parliament till the Rebels, then few in 
 " Number, were reduced : But our Addrefs 
 " was flighted, and the Parliament, the next 
 " Day, prorogued, to the great Surprize of 
 " both Houfes, and the general Diilike of 
 11 all h on eft and knowing Men." 
 
 This fame Lord, fpeaking of the fame 
 Lords Juftices, informs us that " Although 
 " his Majefty, and both Houfes of the En- 
 " glijb Parliament, had recommended it to 
 " them to beftow his Majefty's gracious 
 " Pardon to all Such as fhould, within a 
 " convenient Time, return to their Obedi- 
 " dice : Yet thefe Lords Juftices did, by 
 " their Proclamation, limit thefe his Majef- 
 " ty's and the Parliament of England's fa- 
 4t vourable and general Intentions to the In- 
 " habitants of a few Counties only, provided 
 " always they were not Freeholders, and allow- 
 " ed them but ten Days Time to come in." 
 But this is not the firft Inftance wherein Men 
 have been held criminal, merely, becanfs tbey 
 bad Eftates and Fortunes to forfeit. 
 
 My Lords Gentlemen of the Jury On 
 duely weighing the PremiiTes ; with the ma- 
 ny induftrious Contrivances, for fomenting 
 the Discontents of L'iJJj Catholics, and exaf- ' 
 per at ing their Spirits again ft an Engli{h Go- 
 vernment; in Times, 1 fay, my Lords, of 
 fuch Diftemper and Turbulence, it is not to 
 be wondered, that the Drofs and the Dregs 
 
 f '.
 
 ( 49 .) 
 
 of this Peopk boiled uppermoft, and that 
 the favage and flagitious aflbciated together 
 and perpetrated many Things, deteftable to 
 their own People, and deteftable even to the 
 Irish Leaders and Soldiery who, then, were 
 up in Arms, by open and fair War, as They 
 apprehended, to recover the Eftates, and re- 
 eftablifh the Religion of their Fore-fathers. 
 
 Mr. Serjeant, indeed, on finding that his 
 monthly Authorities failed him, has taken 
 Leave to tranfpofe his Months into Tears, 
 whereby he propofes to be reflored to his 
 principal Charge, that one hundred and fifty 
 thoufand Proteftants were maflacred within 
 the two firft Years, as he now fays, of this 
 Rebellion ; to the utter Extirpation, as he 
 further affirms, of almoft every English Pro- 
 teftant within the Kingdom. 
 
 Now, my Lords, it would give me a fm- 
 gular Pleafure to be able to alleviate, in fome 
 Meafure, the fearful Alarms and Apprehen- 
 fions of Mr. Serjeant, on this Occafion ; and 
 to convince him that the Race of English Pro- 
 teftants in Ireland, were not wholly extir- 
 pated at that Period. That, at leaft, a pro- 
 portionable Number of Irish Papifts, (fuch 
 as of eleven to two) can be proved to have 
 perifhed during the Courfe of the War. 
 That the Advantage, in 'Favour of English 
 Proteftants, hith been a growing Advantage 
 from that Day. And that the Proportion of 
 Two to Eleven, computed, by Sir IFiUiam 
 Pstfy, to have been a near Eftimate of the 
 F Number
 
 ( 50 ) 
 
 Number of British Proteftants in Companion 
 of Irish Papifts, on the Day of the Infurrec- 
 tion, hath increafed to a Proportion of Three 
 to Eight or One and a Half to Four, which 
 is computed at this Hour, to be the nume- 
 rical Balance between Proteftants and Papifts, 
 in that Kingdom. 
 
 Let us now fee, my Lords, whether dure- 
 ing fo univerfal an Extirpation, as is faid, 
 jfufficient Seed could be left for fo extraordi- 
 nary an Encreafe ; or whether Proteftants 
 have been, there, propagated, by the Sow- 
 ing of Teeth, or by fome other Kind of 
 equivocal Generation. 
 
 The English, in many Places, upon the 
 firft Alarm and Infurreclion of the Irish, as 
 Doctor Borlafe informs us " pofleffed them-' 
 " felves of fome Forts, ftrong Holds, and 
 *' Caftles, which, though very ill provided, 
 *' they did for many Months, nay for fome 
 11 Years defend." At the fame Time, vaft 
 Crowds of English Proteftants, who dwelt in 
 the open Country of Uljler, fled from thence 
 to Dublin i " and Thefe (adds Dr. Borlafe} 
 " were fo numerous and burthenfome, as, 
 " though thoufands were fhipped away foon 
 * e after they arrived, and Such as could lerve 
 " in the Army were daily enlifted; yet They 
 " brought fo great an Extremity and Want 
 ** of Provifions to Dublin, as the Inhabitants 
 <c were reduced to great Exigency." 
 
 The fame Author proceeds to tell us that 
 , with his Regiment, deftroy- 
 cd
 
 ( 5' ) 
 
 cd in the North, by Sword, Famine, fcfr. 
 nine thoufand four hundred and feventeen of 
 the Irish, and refcued from Bondage five 
 thoufand four hundred and fixty feven En- 
 glish and Scotch Prottftants. Alfo that Sir 
 Frederick Hamilton flew many of the Irish, 
 and freed many Proteflants. 
 
 Carte, in his Life of the Duke of Ormonde, 
 informs us that the great Body of the English 
 was fettled in Munfter and Leinfter, where 
 (fays he) very few Murders were committed ; 
 and that feveral thoufand got fafe from Uf- 
 fter to Dublin, befides fixihoufand Women, 
 and Children whom Captain Mcrvyn favcd in 
 Fermanagh, and Others that got iafe toDet- 
 ry, Coleraine and Carrickfergus, which were 
 all in the Hands of the Scotch and English. 
 
 Ware, foL 181, tells us that the Citizens 
 refident in Dublin had been numbered, and 
 were found to be, of Proteflants 565 Men, 
 and 2986 Women. Of Papifts 1202 Men, 
 and 1 204 Women. Wherefore, if we add 
 to Thefe a proportionable Number of Child- 
 ren, we mail find that the Proteftant Refi- 
 denters, in the City of Dublin, confuted of a- 
 bout fourteen thofand who never were hurt, 
 in Perfon or Property, by any Irish Papifts. 
 
 If to thefe we add many Thoufands of 
 Proteftants who, fecurely, refided in various 
 Parts of the Kingdom, where the English 
 were prevalent. If, again, we add feveral 
 Thoufands of Proteftants who lived under 
 the Protection of Irish Catholics, where They 
 F a were
 
 ( 5* ) 
 
 were Matters. And if, laftly, we add great 
 Numbers of English Protejlants who were 
 faved or matched from the favage and def- 
 perate Rabble, by the Priefts, by the Sol- 
 diers, and by the Chiefs of the Infurreclion, 
 who either efcorted them, at their own Peril, 
 to Places of Safety i or hofpitably entertain- 
 ed them, under Guardianmip, and in the 
 Circle of their own Eye and Authority. I fay, 
 my Lords, if we add all thefeThoufands upon 
 Thoufands, together ; we fliall find that we 
 have pretty nearly, recovered our loft Sheep. 
 
 The Earl of CaJHcbaven, in his Memoirs, 
 affirms that " In Sir John Temples Mufter- 
 " Rolls, of whom the fubfequent Scribblers 
 " borrowed all their Catalogues, Hundreds 
 " are mentioned as murdered that lived ma- 
 " ny Years after." And he adds, " that 
 " not the twentieth Part of the Cruelties, 
 " faid to be committed on the English, were 
 '' actually committed." 
 
 Peter Wahb, in his Letter to the Bifhop 
 of Lincoln, p. 225, proteils that " after ufmg 
 " the greateft Diligence, in the Year 1662, 
 " to inform himfelf rightly on this Subject, 
 *' out of every particular County of Ireland^ 
 " he reduced the Number of Proteftant^ 
 " murdered in cold Blood by the Popish Con- 
 " fpirators, even to that Lownefs, that they 
 4< did not all amount to more than fome 
 " few Hundreds. This, (adds Walsh) I did 
 " atteft publickly, and in Print, to the Duke 
 11 of Ormonde himfelf." And he affirms, 
 
 elfewhere
 
 (53 ) 
 
 elfewhere that " thefe Murders were com- 
 il mitted by a very Few of the rude Rabble. 1 * 
 The Duke of Ormonde was unqueitionably 
 a competent Judge of this Matter. He had 
 been on the Spot, and engaged, as General, 
 againft the Irisb, during the whole Courfe 
 of this Rebellion; he. could not, therefore, 
 be impofed upon. And, yet, I am apt to ima- 
 gine that Mr. Walsh and fome Others, who 
 have reduced thefe Murders to four or five 
 hundred, have rather foftened and palliated 
 below the Truth. I will, therefore, allow 
 Mr. Serjeant any feafible Addition ; and as I 
 lately admitted him to fubftitute Years for 
 Months^ I will here admit him to fubftitute 
 Tboufands for Hundreds i the very utmofl that, 
 in any reafonable Refentmenr, he can re- 
 quire and much more than he can prove by 
 any credible Authorities. 
 
 Serjeant Statute- 
 
 I do not, my Lords, fo much infifl on 
 any particular Number of Murders, as on the 
 Manner and unparalelled Cruelty with which 
 they were committed, however difguftful the 
 Tale may be, to the Court, an'd to myfelf, 
 I mufl entreat your Attention, my Lords, 
 and yours, Gentlemen, a few Minutes" i 
 wherein 1 trnft to prove that They, v.ho 
 could perpetrate fuch Barbarities on any One 
 English Proteftant, mufi: have vv iihed all En- 
 glish Proteflan:s to have but one Throat, that 
 F 3
 
 ( 54) 
 
 they might glut their thirfly Malice, with 
 the Cutting of the Same. Wherein I, fur- 
 ther, truft to prove the Danger, impending 
 over all English Protejlants, from Men, born 
 of the Blood, and educated in the Principles 
 of thofe Barbarians. 
 
 Councilor Candour. 
 
 Beware of what you are about Mr. Ser- 
 jeant, I requeft you. If you quote bat a 
 iingle Inftance of this, your general Accufa- 
 tion, I will keep no further Meafures with 
 You. I will 'quote, on your Part, and on 
 the Part of fuch Proteflants as you moft af- 
 fedt, five Inftances for one, of Cruelty for 
 Cruelty, and Murder for Murder. 
 
 But this is not my defire. I wifh not to 
 inflame but to affuage latent Acrimony ; not 
 to rip but to heal Wounds-, not to widen 
 but to clofe Breaches. 
 
 Lord Clarendon-, and a Crowd of other Wit- 
 nefles attefl, that the antimonarchical and 
 antiepifcopal Poilers, of Ireland, who, event 
 then, wiflied to rife upon the Ruin of English 
 Proteftants, had no Meafure of Mercy to- 
 ward Irtsb Papifis. That they forbid any 
 Quarter to be given to them. That they 
 took all Ways to incenfe a furious and bloody 
 Soldiery againft the Irish Nation. That they 
 made no Difcrimination between the armed 
 and unarmed, the Criminal and the Guiltlefs j 
 but equally fell upon the Innocent and Help- 
 
 lefsi
 
 lefs-, neither pitying nor fparing Old Age or 
 1 Infancy, Men, Women or Children ; and 
 that fome were publickly executed, by Order 
 of Government, againfc whom no Colour of 
 any Crime could be ailedged, fave that of 
 having prrferved the Lives and Fortunes of 
 English Proteftants. 
 
 Mr. Serjeant, perhaps, hath not duely 
 animadverted, that the Murders, committed 
 on the Part of the Sectaries, were committed 
 by a regular Soldiery, either by Order, or 
 under the Countenance and Encouragement 
 of the Parliamentarian Government, to whom 
 the King had permitted the Power of profe- 
 cuting the War. But, that the Murders, 
 committed on the Part of Irish Catholics, 
 were committed by angry Routs of ungo- 
 vernable Defperadoes ; againft the Cuftom of 
 their Army ; againfl the Ordinances of their 
 Clergy, and againft the Orders of the Chiefs 
 of the Indirection. That many of them 
 were profecuted, with Fire and Sword, by 
 the Leaders of the Irish themfelves, as well 
 on Account of their Barbarity, as on Account 
 of the Difhonour they had brought upon, 
 their Arms; and that all of them, without 
 Exception, were publickly condemned and 
 excommunicated by their Church. 
 
 I cannot but further obferve that there is 
 much of unchriftian Afperity, and Unchari- 
 tablenefs, in fuppofing our modern Irish ei- 
 ther of the Blood, or Principles of, compara- 
 tively, a few Mifcreants who were the Dregs, 
 
 Scum,
 
 (56 ) 
 
 Scum, and Purging, and Outcaft of their 
 People. Might not Mr. Serjeant, with bet- 
 ter Reafon as well as with better Charity 
 have fuppofed oiu modern Irish the kindly 
 Dependents of the Eight Tenths of thofe 
 Irish* who never lifted a Hand, in any Act 
 of Hoftility ? Or, even, to thofe generous 
 Chiefs and Soldiers, who (as Lord Clarendon 
 obferves) " though engaged in the Carrying 
 *' on, and, poflibly, in the Contriving of 
 " the War and In furred ion, were Enemies 
 " to thofe Actions of Blood, Rapine, and 
 " Inhumanity, which difhonour any War." 
 But, let us wholly turn our Eyes from 
 Deeds of Horror, to Acts of Goodnefs and 
 Benevolence and to the Doers thereof; to the 
 Alexander Hovendens, to the Owen 0' Neils y 
 to the Sauls, Everards, Redmond Englishes* 
 to the Dallys, Higginfes, Farrillys, and to o- 
 ther pious Ecclefiaftics, and generous Com- 
 manders, Who went about doing Good, refcu- 
 ing, freeing, defending, cloat king, feeding their 
 Enemies. Convoying many Proteitants at the 
 Hazard of their Lives, and to the wounding 
 of their Perfons (through the midfl of the 
 Barbarians of their own Septs) to Places of 
 Strength and Safety, or to their Kindred or 
 Acquaintance, Protecting Many, at their 
 own Hearths , concealing Some in Chapels ; 
 laving others under Altars. Preferving the 
 great Prelate of thofe Days (with his Houfhold 
 and Hundreds who fled to him for Shelter) in- 
 Peace and in Safety; and in the free Exercife 
 
 of
 
 (57 ) 
 
 of the Proteftant Rites and Religion. Rever- 
 ing him while he lived, bewailing him when 
 he died; honouring his Funeral with a Pro- 
 ceflion of the attending Army; and crying 
 our, at his Interment, O fit Anima mea cum 
 Bedello ! O that my Soul were now with 
 Bedell! 
 
 May All, who are of the Blood and Prin- 
 ciples of thofe Soldiers, Prieils, and Papifls, 
 find no worfe Enemies to themfelves, at this 
 Day, than their faid Irish Anceflors were 
 then to Proteftants! and may theie fignal 
 Inftances, of the Humanity and Charity of 
 their Fore- fathers, avail them for turning the 
 Prejudices, of the prefent Times, into Sen- 
 timents of kind Neighbourhood and brother- 
 ly Love ! 
 
 Serjeant Statute. 
 
 Mr. Candour, I thought it ill-natured to 
 interrupt you, till you had finifhed, what 
 you think, your pathetic Eulogium. But, 
 Sir, I mu-ft inform you that, in this your laft 
 Piece of Oratory, you have fet out on wrong 
 Principles, and have built your fine Struc- 
 ture on a Foundation that muft fail you. 
 
 You, yourfelf, have confefTed that all the 
 Murders committed, on the Part of the Sec- 
 taries, (or rather Slaughters, Mr. Candour, 
 for fo you ought to have ftiled them) were 
 committed either by Order or under Counte- 
 nance of Government. Very true, Mr. Can-
 
 ( 58 ) 
 
 dour-, they were indeed -, and for that very 
 Reafon they could not be Murders. 
 
 What greater Difference can there be 
 between any two Things than between 
 an Action that is agreeable to Govern- 
 ment and Law, and an Action contrary 
 thereto and Subverfive thereof? Irish Papijls 
 were, then, in the very Act of Rebellion a- 
 gainft Government, againftKing, andagainfl 
 the Conftitution of Church and State, as then 
 eflablimed by Law. All the Slaughters that 
 They committed, whether in cold or hot 
 Blood, in the Houfe or in the Field, were 
 therefore Maflacres and Murders. But the 
 English acted by Order of their lawful Rulers; 
 They fought, and fhed Blood with the Con- 
 ftitution on their Sidej and, therefore, fought 
 and fhed Blood, with a fafe and a good Con- 
 fcience. Infomuch, Mr. Candour, that, to 
 balance the numerous Murders, committed 
 by Irish Papifts, you cannot produce a fingle 
 Inflance (by your own Confeflion) of a Mur- 
 der committed by any of the English Pro- 
 te/lants, or Sectaries, or Puritans, as you are 
 varioufly pleafed to (lile them, during the 
 Courfe of that Rebellion. 
 
 Counfelkr Candour. 
 
 Mr Serjeant, Mr. Serjeant! will you per-, 
 mit me to afk you, or (if you do not chufe to 
 anfwer) to afk any Man, breathing, how ma- 
 ny Sorts of Laws, or how many Promulgers 
 
 of
 
 ( 59 ) 
 
 of Laws, he thinks it incumbent upon him 
 lo obferve? 
 
 There are, as you intimate, Laws pecu- 
 liar to every civil Conflimtion upon Earth; 
 and there are Governors appointed to be the 
 Editors, Interpreters, and Enforcers of thofe 
 Laws. But are the Laws, peculiar to any 
 civil Conftitution, the only Laws that the 
 feveral Condiments ought to obferve ? Or 
 are the Dictates, of the Governors, Editors, 
 Interpreters, or Enforces of thofe Laws, the 
 only Dittates that, in Duty, they ought to 
 obey ? You will not do yourfelf the Difgrace 
 to infift on it, Mr. Serjeant. We have, my 
 Lords, God be praifed! Laws of infinitely 
 greater Authority and Extent, wherewith to 
 bound the Ambition, Avarice, or Malice of ^ 
 any particular Men, or of any particular 
 Sects or Societies of. bad Men. 
 
 There are the Laws of Arms ; there are 
 the Laws of Nations ; there are alfo the ex- 
 prefs Laws of GOD, to which Warfare, it- 
 (elf, is fuppoied to be amenable. 
 
 But, above All, My Lords, there is ONE 
 LAW which GOD hath made to himfelf, to 
 Angels, and to Men, and which He ceafeth 
 not to utter in the Centre of our Exiftence. 
 This eternal and immutable Law ordaineth 
 that we bear GOOD WILL to All, without 
 Exception, who do not fhew, by evil Deeds, 
 that they bear ILL WILL to others. Where- 
 fore, whoever refufeth to give Aid to help- 
 lefs Infancy, or Defence to aflailed Inno- 
 cence,
 
 ( 60 ) 
 
 cence, is a Rebel to GOD and Nature, and 
 a Debtor to this Law. But, whofoever fhall 
 make a contrary Law to himfelf; or, under 
 Colour of any Order or Authority of GOD 
 or Man, of religious or civil Government, 
 fhall take the Crutch from the Lame, or 
 thruft a Ponyard into the Breaft of flich as 
 cannot offend, is a Felon and a Murderer, 
 and this LAW falls, with the Weight of the 
 whole World, upon him. 
 
 Mr. Serjeant, however has given it, as his 
 Opinion, that the Englijh then fought with 
 the Conftitution on their Side, and therefore 
 fought and (bed Blood with a good Confci- 
 ence: But that the Irijb took up Arms a- 
 gainft the Conftitution of the State and the 
 Church as then eftablifhed by Law ; and 
 therefore concludes, as I fuppofe, that they 
 acted againfl Confcience. 
 
 Now, Mr. Serjeant is not to learn, that 
 the civil Conftitution of England an Ireland, 
 as then eftablifhed by Law, had been a Mo- 
 narchy during feveral Centuries; a State to 
 which Roman Catholics are peculiarly attached. 
 And it is fomcwhat extraordinary to hear 
 Mr. Serjeant, of all Men, accufe thefe Peo- 
 ple of Rebellion to luch a State; even He, 
 who is t{j firft to acculc and Condemn them 
 of fervil' Pre.tliccs and fla-oifi} Principles, of 
 Non-ReJiftatice and pnj/lve Obedience Thereto, 
 
 But again, Mr. Serjeant is not to learn 
 that the Conftitution of the Church, as then 
 eftabhfhed by Lav/, had been but of fhort 
 
 Durauion,
 
 ( 6i ) 
 
 Duration, and had been framed and fettled, 
 by the joint Ad of Queen, Lords, and Com- 
 mons, during the Reign of Elizabeth. '- But, 
 Mr. Serjeant may be yet to learn that an Act 
 of Parliament, framed in England, does not 
 affect Ireland; and, that the Conftitution of 
 the Church, as then eftablifhed in England, 
 was never fo eftablimed by any Ad, in Ire- 
 land, till the Revolution atchieved by our 
 glorious Deliverer, William the Third. Irijb 
 Catholics, perhaps, conceived that the Con- 
 ftitution of CHURCH and STATE was ftill 
 on their Side; and might bear Arms, at leafr, 
 with as fafe and good a Conference as thofe 
 who never laid them down, till they had 
 effectually abolifhed both the ONE and the 
 OTHER, both STATE and CHURCH. 
 
 I mall not pretend to define how far 
 the Infurredtion, of Injh Roman Catholics, 
 ought in fuch Times as thofe to be entitled 
 a Rebellion. The -King himfelf, as I may 
 fay, had begun the Bufmefs. He firft re- 
 belled againft the Rights and Liberties of his 
 People. This gave a Colour and Pretence 
 to many of his People to rebel, as Some 
 call it, againft their King. The Antimonarchi- 
 cal and Antiepifcopal Gentry gladly raifed a 
 Foundation and Scaffolding, of thefe Matters, 
 for rebelling againft the Conftitution of 
 Church and State. The Scotch, accordingly, 
 were hallooed, and actually rofe in Rebellion 
 againft the One and the Other. And, as far 
 as the Irijb Catholics may, with Propriety, 
 G be
 
 ( 62 ) 
 
 be faid to have rebelled againfl: Any; They 
 did but follow the Lead and Example of 
 their Neighbours. 
 
 From the Firft of the Reformation, to the 
 Revolution of Eighty-eight, the State of Re- 
 ligion was extremely unfettled; Papifts, Pro- 
 feftants, and Puritans, like the Heroes in 
 Homer s Iliad, fucceflively prevailed ; and 
 Each, in their Turns, had their Day of 
 Triumph. 
 
 After the Downfal of Popery under Har- 
 ry VIII. and Edward VI. It was again re- 
 ftored and re-eftablifhed in the Reign of 
 Queen Mary. In the Reign of Queen Eliza- 
 beth^ the Proteftant Religion again got the 
 upper Hand; and heavy Laws were, then, 
 ena&ed againfl the Puritans on the one Hand, 
 and againll the Papifts on the other. In the 
 latter End of the Reign of Charles I. and 
 during the whole Regency of Oliver Cromwel 9 
 the Puritans got the Supremacy, ail to No- 
 thing, and dictated Law and Gofpel to Great- 
 Britain and Ireland. Proteftantifm was, how- 
 ever, reftored with the Reftoration of Mo- 
 narchy. But a Divorce was, again, nearly 
 effected in the following Reign under the 
 Influence of James II. the great Patron of 
 Popery. Till the Conflitution, of Church 
 and State, fo often broken and bruifed, and 
 confounded, and wrought together, and again 
 undone, fermented, andcleanfed, and refined, 
 was newly modelled and eftablifhed, as I truft 
 for the lad Time, under the happy Aufpices 
 
 of
 
 of William the Third, the benign Cementer 
 and Benefaftor of all Parties, and more 'the 
 Friend than the Conqueror of thofe with whom 
 He had contended: 
 
 It were ridiculous to fuppofe that the Sec- 
 taries of the i.yth Century, when they firft 
 fet out on their Journey to the Land of Li- 
 berty, had any Notion of travelling as far 
 as they afterward went. The King had en- 
 croached on the GREAT CHARTER, and 
 *had arbitrarily poflefled himfelf of fome of 
 the Rights of his People; and Thefe his 
 People had, unqueftionably, a Right to re- 
 claim. Many Members of the eftabliftied 
 Church, true Lovers of Monarchy as well as 
 Epifcopacy, had joined the Sectaries, on this 
 Occafion, in the Aflertion of common Liber- 
 ty. This Divifron had greatly weakened the 
 faid Members of the eflabliflied Church, 
 while fome fided with the King, and Others 
 with the Conftitution; and this Weaknefs 
 gave the Seclaries an Advantage and Power 
 to which their utmoft Ambition had, till 
 then, never afpired. 
 
 This, it muft be owned, was a very 
 tempting Situation. They juftly afTerted, 
 and reclaimed the Civil Rights that were in- 
 herent to the Conftitution. But they found 
 themfelves of Ability to go a ftep further. 
 They were not fatisfied that Liberty mould 
 :be barely reclaimed, They further propofed 
 to enlarge It i and, under the fpccious Co- 
 vering of a free Common-Wealth, they in- 
 G 2 troduced:
 
 (64) 
 
 troduced a more arbitrary Tyranny than 
 Any that they had intended to abolifh or a- 
 void. Experience, in a fhort Time, made 
 Them fenfible of this wrong Step. And 
 They, themfelves, were fome of the Fir ft to 
 propofe and to promote the Reftoration of 
 Monarchy. 
 
 Quite fick of fuch Diftempers, and quite 
 tired with perpetual Conflicts ^ We have, at 
 length, fat down in Peace and Contentment 
 together. The Experience of near a Centu- 
 ry hath now taught us that, while we repofe, 
 like the Israelites, Each under hs own Vine or 
 his own Fig-Fret , any Land becomes a Gz- 
 *aan 9 under fuch a Conftitution. If we look 
 Eaft or look Weft ; we find None like it ,. 
 and, if we recur through the Hiftories of 
 all Nations and Ages, we mail find, in the 
 freeft Republics upon Earth, the bare Prin- 
 ciples and Rudiments of our prefent Efta- 
 blifhment, of that perfect Security of Per foil 
 and Property -to which we have arrived. 
 
 If Puritans are precluded from fome State- 
 Privileges. If Papifts are difcouraged by . 
 fome limiting Laws; yet, in all other Re- 
 fpeds, They fee and feel the Benefits of our 
 common Confliuiion- as clear, and as com- , 
 fortable as the Light of yonder Sun. Their 
 Titles are not now defeated by any packed 
 Juries or griping Inquifitions; They fuffer 
 not for worlhipping God according to their 
 Confcience, much lefs are they compelled to 
 the Exercife of a Religion that is contrary 
 
 i hereto.
 
 (65 ) 
 
 thereto. They, now, plead and are irrf- 
 pleaded with equal and' impartial Equi- 
 ty. The Law embraces them with as . 
 kind a Guardianfhip as the befl Proteftant in 
 the Landj and, had They the Power, They 
 have not the Will to forego fuch Advantages. 
 
 Mean while, it is fufficient, for the 
 Strengthening and full Security of our civil- 
 Conftitution, that all Sects, and all Sectaries,. 
 are of a Religion that difcerns and rejoices in 
 the temporal Profperity of its Pr ofeflbrs. Let 
 the Civil Conftiftitttn, therefore, but preferve 
 (or enlarge where needful) this temporal' 
 Profperity of the Subjects of its Govern- 
 ment; and, let their Religion be that of 
 fork, Jew, or wild Indian^ They will, infal- 
 libly, unite, in oppofing any- Suppreflion or' 
 Interruption of that Fountain-, from which, 
 their common Bleffings fo evidently flow. 
 
 But; God be praifed! neither our Seftaries,, 
 nor our IriJb-Catbolics, are Turks, or wild In- 
 dians ; They are pious, and have long been,. 
 All, peaceable Men. However they may 
 differ from Us, in fbme Matters of Faith, or 
 of Form; They unite with us in the humble,, 
 and ardent, Adoration of our common CRE- 
 ATOR and SAVIOUR. It is true that, in> 
 adhering to their ecclefiaflical Errors, They 
 decline fome temporal Advantages, and fur- 
 ther lay themfelves under' fome very, irk- 
 fome Reftraints.- Bin is not this their Suf- 
 fering, fir Confeienee Suke, the fureft Tefti 
 mony that they can give us of their inward; 
 G 3., Virtue
 
 ( 66 ) 
 
 Virtue and Integrity? And have we not,, 
 thereby, a better Hold on them, than all 
 Laws and Inftitutions upon Earth can give ? 
 Even the Obligation of Religion,, their Re- 
 gard to Futurity, and their attachment to 
 CHRIST'S Doftrine of LOVE and PEACE. 
 Let us then, fay, with my Lord Clarendon, 
 " Away with the Anticbriftian Spirit of de- 
 " fending what hath been done amifs, only 
 " becaufe it hath been done; and of difcrc- 
 " diting the Catholic Religion, as if it would 
 " not fuffer its Children to be dutiful and 
 cl loyal Subjects to Proteftant Kings and 
 " Princes : And Let what was done in Viola- 
 " tion of the Laws and Government (in this 
 " Rebellion) be acknwledged, and excufed to 
 " the King, by the Diftemper and Accidents 
 " of the Times, and the unjuftifiabk Proceed-* 
 " ings of thofe who were, unhappily, intruft- 
 " ed with the Adminiflration of Juftice and . 
 " Polity." 
 
 Lord Chief Jufticc. 
 
 Mr. Serjeant, do you chufe to drop any 
 further Charge againft this People, or, are 
 You defirous of proceeding to new Matter ? 
 
 Serjeant Statute. 
 
 I do not propofe, my Lords, to drop any 
 Matter, whereof I conceive I have, ftill, fuf- 
 ficient to compafs and enforce the principal 
 
 Scope
 
 Scope of my Argument. And Though the 
 Hiftorians of thofe days have been wonder- 
 fully erroneous, with refpeft to Time, Num- 
 ber, Incident, and fuch other Externals; They 
 may, however, have been right in the Main 
 of the Moral that they aimed to inculcate^ 
 to wit, that Proteftants cannot live with Pa- 
 pifts in any Community or Neighbourhood, of 
 AfTurance or Safety; and that, by the Prin- 
 ciples which they imbibe and fuck in, as I 
 i may fay, from their Mother-Church, they, 
 become religioufly dangerous to any Civil 
 Conftitution. 
 
 Now, my Lords> if I can prove, not from* 
 any particular Quotation, of this or that Au- 
 thor, whofe Teftimony might be queftiona- 
 He, who might have been deceived himfelf, 
 or have intended to deceive Others ; If I 
 can prove, I fay, my Lords, not from any 
 Angular or, difputable Authorities, but from 
 the concurring Teftimony of Nations and- 
 Ages, from the Perfuafion of all People, from 
 the Confeffion of their own Sect, that tbefe 
 Things are fo\ I mall then, furely, be reftored 
 to the Subftance, at at leaft, of. my original 
 Charge againft Irifb Catholics; and I fhall 
 fhew, from the Wickednefs of their Princi- 
 ples^ that their Practices muft have been con- 
 formable, and that they have been guilty of 
 Barbarities tantamount, at leaft, to thofe that, 
 are laid at their Door. 
 
 Permit me, on this Occafion, to mention 
 a..Popifh Author who- is in principal Repute- 
 
 with
 
 ( 68-) 
 
 with this People. His Name is John Gother, 
 and his Book is entitled, A PAPIST MIS- 
 REPRESENTED AND REPRESENTED. 
 
 Under the Term MISREPRESENTED, 
 he acknowledges and fpecifies the wicked and 
 inhuman Principles that are imputed to Ro- 
 man Catholics \ and under the Term RE- 
 PRESENTED, he endeavours to paint the 
 Reverfe of this horrid Picture, and to vindi- 
 cate his Fraternity, of the Popifh Commu- 
 nion, from fuch injurious Afperfions, as he 
 is pleafed to call them. 
 
 But, can ye conceive, my Lord?, in what 
 Kind of a Balance he hath weighed this Bu<r 
 finefs? Why, truely, fn the one Scale he 
 has placed the general Opinion, and in the 
 Other he puts his own perfonal Authority,. 
 as a Counterpoife to That of the Reft of. 
 Mankind. 
 
 I pafs over, for the prefent, all fuch Er- 
 rors and Abfurdities as are merely religious j.. 
 and haflen to fuch Ecdefiaftical Tenets- as- 
 muft prove of fatal Tendency to any Civil 1 
 Government with which they are connected. 
 
 In the firft Place, x thefe People make a Di- 
 vinity, of every Iktle Member, however ig- 
 norant>and flagitious, of their infallible Prieft- 
 hood. If any Layman, or Laymen, of this- 
 dreadfwl Communion, (hall b# guilty, of 
 Rapes, Trealons, Murders, Adulteries, Sa- 
 crileges, and (b forth; They have nothing to.; 
 do but to ftep to fome petty- Individual, of 
 this: very forgiving Priefthood, and to ac- 
 knowledge
 
 knowledge their Enormities, under the Con- 
 feffional Seal of Secrecy; and, though the 
 Leprofy of their Soul fhould be as invete- 
 rate as That which infected the Syrian Naa- 
 man, the Charm of a fingle Sentence, fhall 
 reclaim them to the State of inoffending In- 
 fancy; and, thus refrefhed and reftored, they 
 fhall be enabled, like a Giant, to fet out on 
 a new and vigorous Courfe of Iniquity. 
 Perhaps fome little Matter of Penance may 
 * be enjoined, by way of Atonement, for thefe 
 Enormities; fuch as wearing Hair-Cloth next 
 the Skin, or walking with Peafe in the Shoes 
 for fome fmall Time; but, if this Hair- 
 Clorh is woven of the Down of Mice; or 
 that the Peafe are previouily boiled to a 
 harmlefs Confidence; the Letter of the Law 
 is obferved, and All is as it fhould be. 
 
 To Thefe, I may add the fpiritual Traffic 
 that is carried on by the Church of Rome y 
 and the many gracious Indulgences granted 
 to her Votaries, if not altogether gratis, 
 yr.t at a Pennyworth that is admirable, con- 
 fidering the infinite Privileges acquired there- 
 by; even thofe of Sinning without Guilt, 
 G.nd Offending without Punifhment. Thefe 
 Indulgencies alfo, like other Tenures, may be 
 prolonged and extended, on advancing the 
 Price; They may be purchafed for Life, or 
 made defcendible to a Man's Heirs ; an un- 
 fpeakable Advantage confidering what Pro- 
 fligates Children might turn out; or how 
 fhort a Man, himfelf, might be taken in his 
 
 Iniquities,
 
 Iniquities, without Time for Repentance 
 which, in other Chriftian Communions, is 
 deemed previoufly requisite to a happy Im- 
 mortality. 
 
 But when fuch Indulgences are granted 
 by the fpeeial Grace and Seal of the Pontiff, 
 himfelf; They then, are called Difpen fat ions, 
 and fanclify the Sins that are propofed to 
 be committed. But, further again, mould 
 fuch Sins be intended to promote the Catho- 
 lic Caufe, or to prop the tottering Frame of 
 their ancient Mother, the Church, by pious 
 Breaches of Allegiance, by Rebellions againft 
 Government, by the Depopulating of Na- 
 tions, or Overturning of States; Guilt then 
 becomes a Virtue deferving of Canonization ;, 
 and the Repugnance arifing thereto, from 
 Fealty or Humanity, mall be accounted Guilt 
 unpardonable. 
 
 Many and various, throughout Hiftory, 
 have been the Mifchiefs, the Miferies, the 
 inexpreflible Calamities, that attended the 
 King-depofing and King- killing Doftrine. Need 
 I mention our Englijh John, need I mention 
 our Engli/b Elizabeth ? The Chriftian World, 
 is full of Inftances, of Princes excommunica- 
 ted and plucked from their Thrones; and of 
 People difcharged from all Faith, Submiflion 
 to Government, or Regard to Civil Society ; 
 as though Rome were as felicitous to reduce 
 tie World to Chaos, as the DIVINITY origi- 
 nally was to create and to form. 
 
 I expect, however, my Lords, to be told 
 
 by
 
 (7' ) 
 
 by this Orator on the Part of the Denfendlents, 
 that Rome never yet attempted to excite or 
 foment Seditions or Rebellions, or to ablblve 
 any Subjects from their Allegiance to their 
 Sovereign. That Thefe are the Inventions 
 f a gracelefs Pack of heretical Hiflorians, 
 And that, if the World gives Credit to any 
 fuch Stuff, the World is a Blockhead and 
 knows nothing of the Matter. 
 
 'Counfelhr Candour. 
 
 My Lords. I am glad that Mr. Serjeant is 
 grown fo pleafont with Us. Is not this much 
 better than Railing and Scurility? than giv- 
 ing Us Abufe in the Room of Evidence, and 
 naughty Names, for Want of material Ac- 
 cufation? If we may guefs at the Caufe of his 
 extraordinary good Temper, he thinks that, 
 at prefent, he has fomewhat to fay for hirn- 
 felf; and he is not half fo angry with his Ca- 
 tholic Opponents, as when all his Sophiflry 
 was filenced and his Authorities, like Artil- 
 lery, turned upon himfelf. 
 
 I think it, my Lords, incumbent, at this 
 Day, to make a Confeflion of my own Er- 
 rors, before this honourable Court. It is not 
 long fmce I fided with Mr. Serjeant, in this 
 Matter. I verily thought , as Saint Paul faith, 
 that I ought to do many Things againft this Peo- 
 ple. I was carried down the Current of ge- 
 neral Prejudice. I aflured myfelf and per- 
 fuaded others, that the Infurredion of Forty- 
 one,
 
 one,' was a univerf.il Cohfprracy of all Irifto 
 Catholics, for the inftant Extirpation of every 
 Proteftant throughout the Kingdom and 
 that they very nearly accomplifhed their ex- 
 ecrable Plot by the fpeedy Ma fiacre, in cold 
 Blood, of one hundred and fifty thoufand of 
 their inoffending Countrymen. 
 
 Hence, my Lords, I concluded that Ro- 
 man Catholics were adlually wicked upon 
 Principle, and that the Doctrines, which 
 they had imbibed from their Mother-Church, 
 could, alone, be productive of fuch unnatural 
 Pradices. 
 
 Under thefe Prefumptions and Prejudices, 
 while I continued in that Kingdom, I always 
 looked upon Irijh Catholics with Apprehen- 
 fion and Difguft. I was in continual Ex- 
 pectation of their fuddenly breaking out into 
 ibme nightly Infurrection and general Maila- 
 cre. And I beheld the wonderful Calm of 
 their Conduct and .Behaviour, as the Fore- 
 runner and fure Prefage of the more violent 
 Tempeil. 
 
 It is fome Years ago, fince opening Ra- 
 pine Hiftory of the Rebellion of Info Catho- 
 lics, under James II. the lait Male of the 
 Stuart Line, I began and proceeded with 
 much Attention. I was fenfible that This 
 had not been a preconcerted Affair and that 
 the Irijb took up Arms, as they apprehend- 
 ed, with the King and Conilitution upon thjnr 
 Side. I, therefore, did not look for any fud- 
 den, horrid, and univerial Ma fiacre. But, 
 
 as
 
 (73 ) 
 
 as the Government was, then, wholly m 
 their own Hands j as the Army was theirs; 
 as all the national Arms were within the 
 Grafp of Catholics; as it was evidently in 
 their Power at once to have crufhed all Pro- 
 teftants of Englijh Defcent, within that King- 
 dom; and, thereby, to have prevented any 
 future Oppofition, on their Part, to Irijb 
 Catholics -, I fay, my Lords, that, in fuch a 
 Situation, I looked every Moment for fome 
 bloody Cataftrophe; for military Executions; 
 for partial Maflacres, at leaft; agreeable to 
 their prefent Power, and to the former Prin- 
 ciples and Practices imputed to them. 
 
 I looked in vain, my Lords. I (till read 
 on, and on. I proceeded till Ireland was in- 
 vaded by an Englijh Army under William the 
 Third, who was further joined by Thoufands 
 of Irijb Proteftants then living in the open 
 Country unhurt by their Popilh Adverfaries, 
 although in Power; And I confidered, within 
 myfelf, how this might be. 
 
 Can thefe gentle Catholics o^ Eighty-eight, 
 thought I, be of the Blood ofthofe Butchers 
 of Forty- one? Is it poffible, that the Princi- 
 ples, of the One and the Other, fhoiild be 
 the fame, when they differ fo infinitely, 
 in the Practice and Expreflion thereof? 
 
 Again I read how the Ettglijb and/r//^, on 
 either Part, agreeable to the Laws of GOEX 
 and of Humanity (as far as the fame are con- 
 fiftent with the Law of Nations and of Arms) 
 did long co:iii;Hj"in open Defiance and Hof- 
 H . tility
 
 ( 74) 
 
 tility againft Each-other. I read of Battles, 
 Sieges, Skirmifhes, of mighty Deeds at- 
 chieved, of Fields won and loft, with equal 
 Glory : But I read of no Malfacre, I read of 
 no Murder, neither of any Thing that could 
 charge or impeach Irijh Catholics with an Aft 
 unbecoming humane and gallant Men; and 
 I was tempted to pity the native Bravery of 
 Thofe who, at Boyne as well as at Aughrim^ 
 (abandoned by their King, and unanimated 
 by Example) held the Battle in Sufpence, a- 
 gainft the bed Army and the beft Leader 
 then upon Earth. 
 
 I now began to hefitate, with refpeft to 
 the Principles long charged, and now repeat- 
 ed by Mr. Serjeant, againft this People; 
 Principles fo deteftable in their Nature and 
 Tendency, that They who, even in Se- 
 cret, can juftify to their own Hearts the 
 leaft of fuch Abominations, ought to be 
 fwept from Society, from the Community of 
 Earth and Air, as Serpents horrid to Sight, 
 and Pefts deadly to Nature. 
 
 Here I found that, though Irijb Catholics 
 looked upon James II. as their conftitutional 
 and rightful Prince; though they were rea- 
 dy to lay down their Lives and Fortunes in 
 his Defence ; though they looked upon King 
 William, as an Alien to thefe Kingdoms, as 
 an Invader of the Throne, and as an Heretic 
 and fpecial Enemy to their fpiritual and tem- 
 poral Interefts ; no Confpiracy, no Treachery, 
 no Ad, of Bafenefs or Cruelty, was, how- 
 ever,
 
 (75 ) 
 
 ever, attempted againft hrm or his Adhe-' 
 rents. All was open and equal War, on the 
 one Part and on the Other. And of this, 
 their glorious Conqueror himfelf, with his 
 chief Governors and chief Generals, made the 
 mod honourable and exprefs Acknowledge- 
 ment, in the Capitulations of Limerick, where- 
 by they are admitted, not only to Terms of 
 Peace, but Terms of Amity, as alfo to the 
 equal Protection of Law and Participation of 
 Property, throughout the Kingdom. 
 
 Now, my Lords, how comes it to pafs that 
 Mr. Serjeant did not fix on this neighbour- 
 ing jEra of War, Rebellion, and Bloodfhed, 
 as a Foundation whereon to ground his Charge 
 againft the Principles and Practifes of Irijb 
 Catholics? He might, in this Cafe, have got 
 living Witnefies of Fafts who, -viva Voce, 
 would have attefted the Truths of his Alle- 
 gations, if any Truths were in them. He 
 might have got Thoufands of Children who 
 have liftened, while their Parents repeated, 
 again and again, the minuteft PafTages of 
 thofe Days. No, my Lords, This would 
 not do, he was confcious that thefe Tefti- 
 monies were all againft him. Matters, in the 
 prefent Cafe, were fomew hat too recent, and 
 the Evidence of his Majefty, of the Go- 
 vernment, of the Generals, of the Engli/b Sol- 
 diery, and, indeed, of all Irijb Proteftants,. 
 were too ftrong in the Favour of Irijb Catho- 
 lics, to admit of any oppofite Charge from 
 H 2 the
 
 
 the Malice, or Invention, either of Orators 
 or Hi (tori an s. 
 
 With regard to the Catholic Defendants, 
 Mr. Serjeant Statute gives us, at prefent, to 
 underftand, that fmce he found himfelf un- 
 able to prove their wicked Principles from the 
 Wickednefs of their Prattice ; he chufes to take 
 his Argument by the other End, and to prove 
 their wicked Prattices from the Wickednefs 
 of their Principles. His Saviour CHRIST tells 
 him that the Nature and Virtue of a Tree is to 
 be known from its Fruit \ but Mr. Serjeant, for 
 the prefent, is of a different Opinion, he af- 
 firms that the Nature and Virtue of the Fruit 
 is to be known frorrt theTJw-, or rather, in- 
 deed, from the Judgment and Opinion of 
 Thofe, who wifli It to be hewn down and caft 
 into the Fire. 
 
 Upon this Footing, my Lords, Mr Ser- 
 jeant expedls to be reflored, as he fays, to 
 his original Charge-, and to the Credit which 
 lie delires the World mould give to the Bar- 
 barities imputed to our Catholic Defendants. 
 
 Reftore him then, my Lords, reflore him 
 to all and to every Part, of former or of fur- 
 ther Allegations againft this People. I, in- 
 deed, for the Sake of Peace, of palliating and 
 reconciling^ for the Coalefcing of all Parties 
 into 'mutual and equal Amity, have purpofe- 
 ly dropt many Matters which, though mainly 
 conducing to theCaufe of my Clients, might 
 have tended, at the fame Time, to provoke 
 their Adverfaries. For the War that I wage, 
 
 at
 
 ( 77" ) 
 
 at prefent, in Behalf of Irijh Catholics, is- 
 merely defenfive: I wifli, indeed to fhield 
 them from the AfiTaults of mifdeeming Ene- 
 mies; but I wifh not to return a fmgle Wea- 
 pon to the Bofom of him who caft it. Let 
 not this, however, be a Precedent to Mr. 
 Serjeant Statute; if any Lapfe of Memory 
 has happened, on his Part; if he is defirous 
 of recommenfing his Charge, from the Be- 
 ginning, on any better Plan, either refpect- 
 ing a new Manner, or additional Matter, let 
 him do fo in Heaven's Name ; we take no 
 Advantage, we are ready to lift the Target 
 wherever he points the Spear. 
 
 I can't, myfelf, forbear recurring to one 
 Article at leaft, of Mr. Serjeant's original 
 Charge againft the Catholic Defendants; 
 where he fays, he trufts to prove the D anger , 
 impending over allEnglijb Protejiants, from Men, 
 born of the Blood and educated in the Principles 
 of tbofe Barbarians. 
 
 Of what Barbarians, I pray ye, my Lords? 
 Our prefent Irijh Catholics are, univerfally, 
 defcended from their generous and humane 
 Anceflors of fixteen hundred and eighty 
 eight. True, but thefe are not the Ancef- 
 tors Mr. Serjeant would intend. He leaps 
 you quite over thefe, as Milton's Devil leapt 
 into Paradice, at one Bound He comes, 
 with a backward Genealogy, to a few Mi(- 
 creants, the Drofs and Dregs that boiled, 
 uppermoft in Times of Fermentation, and 
 Who, to a Man, . either perifhed by War,. 
 H 3 or
 
 C 78 ) 
 
 or took their Flight beyond Sea, or fuffered 
 for their Crimes, with their Abettors and 
 Harbourers, under the grand Court of Ln- 
 quijition, that was appointed to purge the 
 Nation of all fuch Delinquents. 
 
 I am apt, m,y Lords, to imagine that, 
 had Mr. Serjeant been drawing a Deed of 
 Conveyance, or affirming a Title, by lineal 
 Defcent, in Favour of fome Client ; he would 
 not, thus, have forgotten the more imme- 
 diate Generations. He would not have dug, 
 fo deep into Dirt, for an old rufty Sword v 
 if he thought he could have furnifhed himfelf 
 from any Armoury, at hand, wherewith to 
 aflail and wound the Defendants. 
 
 But, my Lords, let us fuppofe that, at the 
 Infurrection of Forty-mit, all the Catholics in 
 Ireland were Rebels, Robbers, and Murder- 
 ers. Well From that Period to Eighty- 
 eight, we have a long Term of forty Years 
 and upward; good Time for Repentance and 
 Reformation, Accordingly we find that, if 
 the Parents of Forty-one were Profligates, the 
 Children of Eighty-eight were Penitents; they 
 had turned away from the Principles and. 
 Practices of their Fore- fathers; they were 
 reclaimed from former Barbarifm; They 
 were refined from former Drofs; and this, 
 their Gradation, from Guilt into Goodnefs, 
 ought to have been an AfTurance, to all their 
 Proteftant Brethren, of their future Progref- 
 fion in their Afcent to Virtue. 
 
 For myfelf, my Lords, I confefs that the 
 
 Prejudices
 
 ( 79 ) 
 
 Prejudices, which I had imbibed againfl Injh. 
 Catholics, were fo ftrong, that, upon read- 
 ing the Hiflory of their Conduct during the 
 War of Eighty-eight, I was defirous of dit- 
 covering any Motive, whatever, to their 
 honourable Proceedings, on that Occafion r 
 rather than any Reformation or Deviation 
 from the vicious Principles which I imputed 
 to them. 
 
 I was Daggered, however. I recurred, 
 further back into the Hiftory of thefe Peo- 
 ple. I had been told, as Mr. Serjeant alfo 
 obferves, that our MOST GLORIOUS 
 ELIZABETH had been fblemnly, excom- 
 municated by the Pope, and that her Sub- 
 jecls, univerfally, were difcharged from their 
 Allegiance; a double Command, in EfFec\ 
 neither to fufFer her to reign, nor to live 
 upon the Earth. Here, again, my old Pre- 
 judices and Opinions were reftored. I 
 doubted not to find a Corroboration and 
 Confirmation of the Truth of all the Maf- 
 facres, alledged to have been perpetrated, 
 during the Reign of Charles I. from fimilar 
 Enormities during the Reign of Elizabeth. 
 But how was I difappointed, how was I de- 
 feated of my Defires, on this Head! when, 
 on the flricteil Enquiry, I could find no Maf- 
 facre, no Murder, no Infurredion, nor even 
 Commotion, that could be referred to thefe 
 horrid Articles of Excommunication and Difpen- 
 fation, or to the Principles ofPapifts alledged 
 to be conformable thereto. 
 
 Serjeant
 
 ( So- ) 
 
 Serjeant Statute. 
 
 Your Pardon, Mr. Candour, feveral Con- 
 fpiracies and Rebellions enfued thereon. 
 
 Counfellor Candour. 
 
 Subfequent thereto, there did, Mr. Ser- 
 jeant: Bat no Confpiracy or Rebellion, not 
 a fingle Murder, or Maim, in Confequence 
 thereof. When all were Pagans, or when 
 all were Papifts, in all Countries, and all 
 Ages, when no Quarrel nor Contention fub- 
 fifled, with refpeft to Religion; there have 
 not been wanting Confpirators, or AffafTins,. 
 Infurrections, or Rebellions. Neither can it 
 be faid that the Poignard, which flabbed a 
 Protejlant Henry or a Popijb Lewis, was lifted 
 by the Religion of the one Sefl or of the 
 Other. 
 
 The Truth is, that his Hoiinefs at that 
 Time, began to feel his Powers failing apace. 
 I would afk Mr. Serjeant if he has read- 
 Shake/pear s Play of Harry IV r Owen Glen- 
 doiver, the heroic Magicfan of Wales, boafting 
 to Harry Percy, crys " lean call Spirits from 
 " the va/ty Deep." Why yes,. fays Percy, " and 
 u fo can /, and fo can am Man-, but will they 
 " coriK when you call 'em?" Thus the Pope,, 
 at that Time could excommunicate Princes, 
 and charge Subjects to break their Allegi- 
 ance, he could call the Soiriis of fnturreHi- 

 
 ( Si ) 
 
 on and Rebellion from the vaity Deep; but, 
 did they come when he called them? no in- 
 deed, Mr. Serjeant; He might have fpared 
 his Breath, for not-aLeaf ftirred; and all his 
 Thunders, from that Day, have been account- 
 ed no more than a Bnitum Fulmen. 
 
 I had fcarce finifhed this Part of our En* 
 glijb Hiftory, when the Rebellion of 1 746 
 broke out in Scotland, and then it was that 
 jhe Farmer wrote his famous Invective, a- 
 gainfl this People, and prophecied, as many 
 Others did, at the fame Time, that the Ca- 
 tholics of Ireland would, indubitably > lay hold 
 on that Opportunity to difcharge the Storm, 
 fo long brewing, on the Heads of their Pro- 
 teflant Brethren : But, here, we are obliged 
 to turn over the farmer himfclf, with his 
 Contemporary Prognofticators, to the Clafs 
 of the falfe Prophets-, for all continued as 
 calm and ferene, throughout that Kingdom, 
 as when the Halcyon builds her Neft on the 
 Smoothed Surface of the Ocean. 
 
 What could I now think? I faw that the 
 whole Tenour of the Conduct of Iriffj Ca- 
 tholics daring the Memory of Man-, and 
 all that Hiflory had further recited, of the 
 Manners, Actions, and Difpofitions of their 
 Progenitors, was a joint Negation and Con- 
 tradiction to whatever I had heard or read of 
 the Maiiacre of Forty-one. All Accounts that 
 preceded, and all Accounts that fucceeded to 
 that difgraceful Period, concurred to give 
 their Teftirnonies in Favour and in Honour 
 
 of
 
 of this People: This MafFacre, alone, flood 
 againft all other Evidence; here was a de- 
 plorable Falling off, indeed; here lay the 
 dark Blot that degraded and dishonoured 
 their whole Efcutcheon. 
 
 To reconcile fuch apparent Inconfiftencies, 
 and to clear my own Doubts, on this Head; 
 I enquired, I fearched, and made a Collecti- 
 on of all the Hiftories, Memoirs, Extracts of 
 Records, Pamphlets, and Papers, that related 
 in any Meafure, to the Wars of Forty-one. 
 I compared each Author with others, I com- 
 pared him, alfo, with himfelf. 
 
 I found that Lord Clarendon's Spleen, if 
 any Spleen he had to thefe People, did not 
 furvive the firft two or three Days of the 
 Rebellion. And, though He does not, in 
 form, retract his original AfTertion, that they 
 had murdered forty or fifty thoufand Pro- 
 teftants, before Warning or Time for Efcape; 
 yet his whole fubfequent Account, of the Ty- 
 ranny of their Rulers, of the Inveteracy of 
 their Enemies, of their Sufferings, of their 
 Patience, of their Inclinations to Peace, of 
 the Loyalty of their Chiefs, and of the Cha- 
 rity of their Prieflhood, are more than a 
 thoufand Retractions of one inadvertent, 
 or interpolated, Sentence, which mud have 
 been wholly abfurd and falfe, if his own fub- 
 fequent Hiftory, if the Hiftory of all Others 
 on the fame Subject, if the Confeffion of the 
 bittereft Enemies of Irijb Catholics, if the 
 Teftimonies, even of a puritannical Govern- 
 ment,
 
 ment, of the Lords Juftices and Council of 
 Ireland, deferve any Credit. 
 
 Again, I perceived that Sir John Temple 
 and Dodlor Borlafe had induflrioufly fharpen- 
 ed their Pens with a Defire of wounding; 
 and I found, alfo, upon Enquiry, that they 
 were, by Policy, as well as by Inclination, 
 the avowed and interefted Enemies of the 
 Catholics of Ireland. But, unhappily for the 
 Credit which they might otherwife have ob- 
 tained, they were frequently obliged to quote 
 Matters of Record and Public Recognizance. 
 In this Cafe they did not dare to deviate from 
 the Letter ; they were, reluctantly, compell- 
 ed to infert many Inconfiftencies, in this Page 
 to refute what they had written in that, and 
 thus, with one Hand they expunged what 
 they had blackened with the Other. 
 
 Again, my Lords, when I had compared 
 thofe three Hiftorians with all others who 
 had treated of the fame Subject: When I 
 had rejected the Impoffible; admitted the 
 Probable; and fet down, as indubitable, 
 whatever their concurring Teftimonies unit- 
 ed to affirm. I found that the Catholics of 
 Ireland had been, defignedly, vilified, in or- 
 der to prevent the Refloration of their 
 Inflates, on the Reftoration of the Monarchy. 
 That they had, at three feveral Times, molt 
 earneftly though vainly, petitioned the Go- 
 vernment that the Mifdeeds of thofe Times 
 might be ftridlly enquired into, for the Ac- 
 quittal of Innocence and the Punifhrnent of 
 
 the
 
 ( 84 ) 
 
 the Guilty, on both Parts. And I further 
 and finally found, that the faid wonderful 
 Detail, of Murders and Maflacres, was little 
 other than a Bundlement of legendary Stuff, 
 exaggerated by the Fears and Inventions of 
 the Times. That a Picture drawn from a 
 few Reprobates, fpued out both by their 
 Civil and Ecclefiaflical Communion, was fet 
 up as the Reprefentative of this whole Peo- 
 ple. And that Malice, as it were, had paint- 
 ed a cloven Foot, and had artfully written 
 tinder, EX PEDE CATHOL1CUM. 
 
 Serjeant Statute. 
 
 My Lords, Mr. Candour, fome Time ago, 
 did me the Honour to intimate that 1 might 
 have fomeivbat to fay for myfelf, in the new 
 Matter which I exhibited againft thefe Ca- 
 tholics, refpedting the inherent Wicked- 
 nefs of their Principles. And I have been 
 waiting, with much Patience, this half Hour 
 and upward, for an Opportunity to return 
 Mr. Candour his Compliment. He appears, 
 however, induftrioufly to decline having any 
 Thing to fay for bimfelf ^ on this Head. He 
 has reconnoitred the Subject genteelly enough, 
 I confefs-, and has talked, with much Elo- 
 quence, about it, and about it. But, if he 
 'thinks himfelf equal to a Combat, in this 
 Caufe, why does he not come to clofer En- 
 gagement ? Perhaps he has forgotten, T>r 
 chafes not to recoiled the Purport of my 
 
 Charge.
 
 ( 85) 
 
 Charge. Permit me, my Lords, to refrefh 
 his Memory in this Matter. 
 
 Counfellor Candour. 
 
 You will not find any Need, Sir, You will 
 not find any Need. There is much of Gal- 
 lantry, as alfo of Confidence, in your Chal- 
 lenge, Mr. Serjeant. But, how long that 
 Confidence will uphold you is a Matter of 
 * fome Doubt. For I truft, Sir, for the Time 
 to come, to fave you the Trouble of ever 
 repeating your faid Charge, either here or 
 elfe where. 
 
 It might, my Lords, be an Experiment 
 curious enough to enquire how far Mr. Ser- 
 jeant's Charge, fuppofing the fame to be 
 true, could affect the Morals and Conduct of 
 Roman Catholics in general - y how far, I fay, 
 thofe Tenets, fo damnable in themfelves, fo 
 everfive of Chriflianity, and fo mocking to 
 human Nature, could influence this People, 
 fuppofing them to be the Tenets of the 
 Church of Rome. 
 
 I have formerly taken Notice that Virtue, 
 and Vice, are Qualities no Way peculiar to 
 any Nation or Sect. That neither Precept, 
 Education, nor Religion, itfelfj no Doctrines, 
 nor Preachments, however zealoufly inculcat- 
 ed, have yet proved available for converting 
 People, wholly, to Benevolence or Malevolence, 
 to Good or to Evil. 
 
 We fee Turks, who are unblefled by true 
 I Religion
 
 ( 86 ) 
 
 Religion or Liberty ; who are the Slaves of 
 Slaves i without a Form of civil Government, 
 temporally fubjedted to the Will of a Tyrant, 
 and fpiritually to the Worfhip of a fenfual 1m- 
 poftor; We fee, I fay, however, that they 
 live in Charity, and kindly Neighbourhood, 
 with all other Seels and religious Denomina- 
 tions. Even the wild Indians, who never litt- 
 ered to the Toll of a Bell, nor ever were call- 
 ed into any Court of civil Judicature; Thefe 
 want not their Attachments, their Friend- 
 fhips, their Family Feelings, nor the fweet 
 Compunctions and Emotions of the HUMAN 
 HEART DIVINE. 
 
 Trie Truth is that People live, incompa- 
 rably, more by Impulfe and Inclination, than 
 by Reafon and Precept. Reafon and Pre- 
 cept are not, always, inftant or at Hand; 
 but Inclination is more than at Hand, it is 
 within and, from the Citadel, rules the Out- 
 xvorks of Man at Pleafure. 
 
 When the Apoftle, fpeaking of CHRIST, 
 affirms that there is no other NAME under Hea- 
 ven, 'whereby a Man may be faved : And again, 
 When he affirms that Thofe, -who have not 
 received the Law, are a Law unto Tbetnfehes ; 
 He intends one and the fame Thing ; He in- 
 tends that CHRIST, from the Fall of Man, 
 is a PRINCIPLE of REDEMPTION in *he 
 Bofoms of all Living. That he is not an 
 outward bin an inivard Redeemer, working out 
 our Salvation by the Change of cur deprav- 
 ed Nature. That in and from Him, and Him 
 
 only,
 
 ( 87 ) 
 
 only, arifc all the Sentiments and Senfibili- 
 ties, that warm the Heart with Love, that 
 expand it with Honour, that wring it with 
 Compunction, or that heave it with the Story 
 of diilant Diftrefs; and that He, alone, can 
 be qualified to be Judge, at the laft Day, 
 who, from the fir ft Day to the Lafr, was in- 
 ternally, a Co-operator and 'Witnefs of all 
 that ever patted within the'Bofoms of Men. 
 
 Hence it is that, although the Chriflian 
 Countries have received the two fables, of 
 the Laws of CHRIST, his external as well as 
 internal Revelation \ (Each witnefTing to. the 
 Other, that the GOD of our Gofpel is the 
 GOD of our Nature) the Nations, however, 
 who are Strangers to his Name, yet acknow- 
 ledge his Influence; they do not, indeed hear^ 
 but they feel the Precepts of that LIGHT 
 which light eth every Man who cometh into the 
 World. 
 
 Many Infidel-Reafon-ers and Infidel- Wri- 
 ters, wholly miftaking this Matter, give large 
 Encomiums to the native Morals, of Indian 
 Nations and others, in Preference to Nations 
 illuminated by the Gofpel; not knowing, at 
 the fame Time, that they actually compare 
 and reproach CHRIST with HIMSELF. But 
 Mr. Serjeant goes a Step further; he re- 
 proaches a Church of CHRIST with Tenets 
 which ANTICHRIST, alone, could adopt; 
 an Enemy equally adverfe to Nature and 
 Revelation. 
 
 Suppofing, then, that Rome was this very 
 I Z Antickrijl,.
 
 (88 ) 
 
 Anticbrift, let us inquire how far her Influence 
 prevailed, in perverting the Morals and na- 
 tive Goodnefs of her Members. 
 
 There were, my Lords, three capital Pe- 
 riods^ during which, the Court, and the 
 Church, and the Conflituents of the Church 
 of Rome, were, if ever, under very extraordi- 
 nary Temptations to put the faid abominabla 
 Tenets into Execution, to wit, during the 
 Reign of Elizabeth^ during the Wars of Forty- 
 one^ and during the Wars of Eighty- eight. 
 
 The temporal Powers of Rome had been 
 greatly broken in upon, Her ecclefiaftical Ju- 
 rifdiclion had been, alfo, much abridged, and, 
 at thofe Periods, was threatened with utter 
 Extirpation in thefe Kingdoms. Ambition, 
 therefore, the Luft of Rule, and of tempo- 
 ral Wealth and Profperity, urged her to vio- 
 lent Meafures for the Reparation of thofc 
 Damages which fhe conceived to have been 
 injurious; and her Religion, itfelf, might 
 feem to plead to Her, for the Exertion of 
 her fecular Forces in its Defence. 
 
 It is evident then, my Lords, that, if Rome 
 ever offered Difpenfations and Indulgencies 
 for Crimes to come, If ever me preached up 
 Confpiracies, InfurrecYions, Rebellions, Mur- 
 ders, Maflacres, the Extirpation of Schifms, 
 and the Excifion of Heretics, as Matters me- 
 ritorious with CHRIST and with GOD-, (he 
 would have dictated and preached them up, 
 at thofe three feveral Periods, fhe would have 
 
 inculcated
 
 inculcated and enforced them on every Mem- 
 ber of her Communion. 
 
 But, if fhe did preach them up, pray what 
 was the Confequence ? we have feen the Con- 
 fequence, my Lords; we have feen that, in. 
 fuchaCafe, the Catholic Priefthood as well as 
 Laity, of England and Ireland^ were, almoft 
 univerfally greater Rebels to the State and 
 Church of Rome, than to the Proteftant or Pu- 
 ritan Government of thefe Kingdoms; and that 
 they chofe to be the Servants of that Word, 
 which CHRIST revealed to their Ears, and 
 impreiTed upon their Hearts, rather than Ser- 
 vants of Tenets everfive of all Morals, and 
 abhrrrent to human Nature*. 
 
 Should a Foreigner oflbmediffant Nation, 
 or diilant World, be told of the Principles 
 of the Religion eftablifhed in England ; mould 
 he be fold that It is no other than the Law 
 of eternal Love, beaming forth and expand- 
 ing into Actions and Sentiments of unbound- 
 ed Benevolence. That it teacheth its Vota- 
 ries to return Good for Evil, and Affection 
 for Hatred ; to look down upon Earth and 
 All that is tranfient as Matters beneath th^ 
 Attention of their immortal Spirits ; to re- 
 ject Riches, Honours, Pleafures and tempo- 
 rary Emoluments ; as Toys fitted, only, tor 
 fuch of the Children of Men who are igno- 
 rant of their own Natures, and of the Advan- 
 tages that are infinitely fuited thereto ;.; 
 to this whole World, thy Goods are nothing 
 unto me; to embrace AfBiflion ; to fir, lie ott- 
 I ckr
 
 ( 9 ) 
 
 der Calamity , and to regard Time, Pain, and 
 Death itfelf, merely as Porters of that Gate 
 which opens on a glorious and blifsful Eter- 
 nity. Should fuch a Foreigner, I fay, be thus 
 apprized of the Principles of our Englijb Pro- 
 teflants, before he was acquainted with the 
 Profeflbrs thereof; could he form a higher 
 Idea of the Rectitude of any Creatures, tho* 
 he were to be introduced to the Society of 
 the Seraphim ? 
 
 But, mould this Foreigner, afterward^ 
 come to compare Action with Sentiment and 
 Doctrine with Deeds ; he might poflibly con- 
 ceive that we deemed it quite fufficient to be 
 pious, by Principle; but that we dropped 
 the Practice thereof, on the High Road of 
 Life to be picked up, by any who might 
 deign to ftoop for the fame. 
 
 We fee then, my Lords, that the good 
 Principles, of a Church, are not neceflarily 
 attended by conformable Practices, and, con- 
 fequently, that the evil Principles, of a Church, 
 are not necefiarily productive of the evil 
 Practices of its Members. 
 
 Mr. Serjeant, my Lords, hath told us that 
 one John Gotber, in a certain Book, entitled 
 t Papift ntifreprefented and reprefented^ has fpe- 
 cified and acknowledged his late Charge of 
 abominable Tenets, as Tenets generally af- 
 cribed to the Church of Rome. 
 
 No, my Lords, this is not the Fact. Doc- 
 tor Gather fpecifies the faid abominable Te- 
 nets, as Matters ef mere Calumny j as Fal 
 
 hoods
 
 ( 9' ) 
 
 hoods invented, by fome defigning Enemies 
 of the Roman Catholics, with a View to 
 bring the Hatred and Perleciuion of the 
 World upon them. And he appeals to the 
 Church of Rome, and to every Member there- 
 of, for their utter Rejection and Abhorrence 
 of fuch Dodtrines. 
 
 We aH know how difficult it is for any 
 Society, or Individuals of Society, to defend 
 themfelves from the Malice of thofe who 
 hate or have Caufe of Quarrel with them. 
 Even CHRIST was faid to have been confe- 
 derated with Devils, while he was bufied. in, 
 conquering the Kingdom of Satan. 
 
 But, my Lords, as the World, for fome 
 Ages, hath been peftered and difturbed witb 
 Affirmations and Negations, with much Quar- 
 rel and Controverfy, on this Head ; and as 
 fuch a deal of Smoak can, hardly, be fup- 
 pofed, without fome Matter of Fire or Embers 
 at Bottom - t I will with the good Patience of 
 the Court, and of Mr. Serjeant, give the nar 
 tural and veritable Hiftory of this Bufmefs. 
 
 I am fenfible that in the enfuing Account,. 
 I (hall inevitably offend this People, whofe 
 Caufe I am pleading, by fpeaking lightly and; 
 difparagingly of fome Perfons and Things, 
 which they think it their Duty and which it 
 is, therefore, their Virtue to revere. But, I 
 ftiall proceed in the Courfe and Inveftigation 
 of Truth, or of that which I conceive to be 
 the Truth, without Byafs or Regard to their 
 Favour or Difplcafure. 
 
 My
 
 (92 ) 
 
 My Lords, and Gentlemen of the Jury, it 
 is notorious, thro' all Hiftory, that, whenever 
 Religion hath been impreflcd into the Service 
 of Intereft, It hath been taught to {peak the 
 Language and avow the Opinions that Inte- 
 reft fhall occafionally pleafe to dictate. 
 
 From the pth'to the i6th Century, Ronte 
 had ufurped and ftretched a Sceptre of tem- 
 poral Jurifdiction over the Weft. That Seep- 
 tre is now broken, that Jurisdiction is no 
 more. Our prefent Matter of Enquiry is, 
 how this mould come to pafs. 
 
 During the firft nine hundred Years of the 
 Chriftian Difpenfation, the Church was the 
 Object, not the Author of Perfecution. In- 
 quifitions were, then, wholly of Pagan Infti- 
 tution ; and the Chriftian Sufferers addreifed 
 many an Apology, to the Heathen World, 
 wherein they truly fet forth that the Princi- 
 ples and Practice enjoined, by their divine 
 Legiflator, were incapable of Offence toward 
 any. Government upon Earth. That his Re- 
 ligion, being that of Love, Peace, and' For- 
 bearance, could not poflibly be at Variance 
 with any Syftem of temporal Policy; and 
 that the Obedience, enjoined by CHRIST 
 to the Civil Magi/Irate, was aniwerable to 
 every Purpofe, of Civil Subjection. 
 
 But, when temporal Dominion was wed- 
 ded, by the Roman Pontiff, to fpiritual Au- 
 thority, his fpiritual Authority wa-5 fpeedily 
 inftructed in the Language and Sentiments 
 of temporal Dominion.. And Rome, new, re- 
 
 fufed
 
 (93 ) 
 
 fufed that Toleration to Others which, with 
 all the Force of Reafon and Eloquence, (he 
 had formerly claimed for herfelf. 
 
 As me had founded her new Pile of earth- 
 ly Domination upon the Broad Bottom of her 
 Ecclefiaftical Influence, me grew exceflively 
 fond of making Profelytes to her Faith, 
 fmce (he now looked upon Them as Profe- 
 lytes to her Power; and me became out- 
 4 ragious on the fmalleft Defection from her 
 Church, as me held it to be a Weakening 
 and Diminution of her State. Her fpiritual 
 Prelates were, now, become temporal Prin- 
 ces; they rather conflituted the Court , than 
 the Church of Rome. It is not, then to be 
 wondered that, in their temporal Capacities, 
 they preferred Earth to Heaven, and impofed 
 fome Opinions, as Matters of Religion, that 
 were dictated, merely, by Ambition and 
 civil Policy. 
 
 By fuch Means did Rome arife to her m- 
 plus ultra of all worldly Glory. She aiTumed 
 a perpetual and univerfal Dufratorfhip. 
 Whom (he would me pulled down, and 
 whom me would me enthroned ; Princes 
 kiffed her Feet, Emperors held her Stirrup; 
 and fhe made Prefents of Diadems to the 
 Children of Obedience, as Garlands, or fuch 
 like Favours, to be worn for her Sake. 
 
 While the World thus laboured beneath 
 the double Yoke of the temporal and fpiri- 
 tual Tyranny of Rome, a few Ecclefiaflics 
 of her own Communion, had the Boldnefs 
 
 to
 
 (94) 
 
 to remonflrate againft the Innovotions that, 
 from Time to Time, had been impofed by 
 the State, upon the Church; They according- 
 ly propofed a general Reform, and ftrenuoui- 
 ly urged for a Reduction of Chriftianity to its 
 firft Principles. 
 
 Thus did thefe Ecclefiaftics put the World 
 in Mind that it was Time for them to think 
 and judge for themfelves. People liftened, 
 with Avidity, to the Detection of iiich Errors, 
 as were alledged to have been adopted under 
 the Papal Difpenfation. Several Princes, 
 alfo, who wifhed to be freed from the Shackles 
 of his Holinefs, gladly laid hold of this favour- 
 able Difpofition in their Subjects. And, when 
 the State of Rome refufed to make any Re- 
 form in the Church, thefe Princes call afide 
 all future Allegiance to her Church and her 
 Staff t and the Nations claimed a Right in 
 fomporals, and even in Spirituals, to judge 
 and act for themfelves. 
 
 Then were heared the Papal Thunders, 
 far and near, Europe trembled thereat. But, 
 when People perceived that None was blafted 
 thereby, their Terrors gradually fubfided^ 
 and now the Bulls of Rome may bellow, as 
 harmlefs and unregarded, as the bleating of 
 fo many Sheep at Banftead. 
 
 From that Time forward, the Power of 
 the Roman Court began to decline apace. 
 Though the Pontiff had long claimed the In- 
 veftiture of all Authority, in Earth as well 
 as Heaven, yet He did not equally pretend 
 
 to
 
 (95 ) 
 
 to a divine Delegation for Both. Even thofc 
 Potentates, who continued to acknowledge 
 his fpiritual Supremacy, fcrupled not to re- 
 fume his temporal Ufurpatipns. His wide 
 World is now fhrunk to a little Demefne in 
 Italy, and his Power is difclaimed by the few 
 remaining Signories who do him Homage 
 with their Lips. 
 
 This Divorce of temporal Dominion from 
 fpiritual Authority has again reftored Rome to 
 her primitive Charity. Wars, Feuds, and 
 Infurrections are no longer her Intereft, and 
 ftie is become a fmeere Preacher of Peace 
 upon Earth. Indeed her abfolving of Subjefls, 
 from their Allegiance to Sovereigns, was ne- 
 ver any Part of the Dictates of her Religion, 
 They were, foley, the Dictates of her Am- 
 bition and worldly Policy; and, as her Poli- 
 cy has long ceafed to dictate fuch Matters, 
 we cannot poflibly have any thing to fear 
 from her Religion. She is, now no longer a 
 State, (he is no more than the Church of Rome; 
 and flie is, literally, able to fay, with her 
 MASTER, my Kingdom is not of this World. 
 
 The Depofmg and King-killing Doctrine, 
 my Lords, as I have already intimated, might 
 once have been the Doctrine of the State 
 or Court of Rome. But, I fliall now demon- 
 ftrate, that It never was the Doctrine or Prin- 
 ciple of her Church. 
 
 Long before the Reformation, fome fuch 
 Doctrines were, occafionally, imputed to 
 Rome-, and This we will fuppofe, could not 
 
 have
 
 ( 96) 
 
 have been done without fome Colour. But, 
 long before the Reformation, alfo, her Church 
 exculpated itfelf from fuch abominable Impu- 
 tations. We all know, my Lords, that the 
 Freeft Thinkers of her Communion, however 
 they may make light of the Opinions of 
 their Doctors, or of the Ordinances of the 
 Pope himfelf, they however, without Ex- 
 ception, confide in the Infallibility of a gene- 
 ral Council; They believe all its Decifions to 
 be facred and indifputable, and hold them- 
 felves obliged to conform thereto. 
 
 Wherefore, My Lords, if I can prove t.o 
 Ye, from the Authority of a general Council 
 held at Conftance in the Year 14.15. From 
 the Declaration of all the Academies of France 
 in the Year 1626. From the Declaration of 
 the Provincial Congregation of the Jefuits 
 held at Ghent in the Year 1681. From the 
 Declaration of the French Clergy in their ge- 
 neral AiTembly held in the Year 1682. From 
 the avowed Tenets published by their mod 
 eminent Doctors. And from the Doctrines 
 univerfally and daily inculcated, by Manuals 
 and Books of Devotion approved by their 
 Church, and printed for the Ufe of their Fa- 
 milies, and the Inftrudtion of their Children, 
 and the Children of their Children, without 
 End. If I can thus prove I fay, my Lords, 
 from the invariable Doctrines of the Church 
 of Rome, whether taken univerfally, partially, 
 or individually, that her Principles are whol- 
 ly the Reverfe of Thofe with which Mr. Ser- 
 jeant
 
 (97 ) 
 
 jeant is pleafed to charge her; I (hall defire 
 to know what Footing, or Foundation, the 
 Univerfe can afford, upon which his faid 
 Charge may be permitted to reft ? 
 
 Ye have, already, heard the Principles im- 
 puted by Mr. Serjeant to the Church of 
 Rome. Be pleafed, now, to hear the Church 
 of Rome, in her Turn; and judge whether 
 it is from Mr. Serjeant, or herfelf, that ye 
 4 -are to learn her own Opinions ; or, how far 
 ye ought to allow an Imputation of Doc- 
 trines, which all mult teach for themfelves, 
 and which no one can teach for another. 
 
 Her Councils, Synods, Afiemblies, Aca- 
 demies, Doctors, and the Individuals both of 
 her Clergy and Laity affirm, as is evident by 
 the Teftimonies here in my Hand ; That the 
 Pope bath no Authority over the temporal Power 
 or Jitrifdifton of Princes. That, neither a Papal 
 Conjifttory nor even a general Council can abfolve 
 Subjefls from their Allegiance. That // is im- 
 pious and damnable in any Man to attempt to de- 
 pofe his Sovereign on Account of his being a He- 
 retic or excommunicated for Herefy, That, 
 jhoitld the Pope undertake to alfolve any People 
 from their Allegiance to their Prince, fucb Abfo- 
 lution or Difpenfation, ivould, in itfelf, be null 
 and void. That all Catholic Subjecls, nofwith- 
 Jlanding fucb Difpenfation, are bound in Con- 
 fcience to defend their King and Country, at the 
 Hazard of their Lives and Fortunes, even again/I 
 the Pope himfejf. That the King-killing Doc- 
 trine, or Privilege fo r murdering Princes excom- 
 K municatca
 
 wunicated for Htrefy, is damnable and heretical-, 
 and contrary to tie known Laws of God and Na- 
 ture. That no Power upon Earth can licence 
 any wicked or immoral Aftion, neither difpenfe 
 with Lying, Perjury, the MaJJacre of our Neigh- 
 lours, or the Damage of our native Country, un- 
 der Pretence of promoting Religion or the Catho- 
 lic Caufe. That all Pardons and Difpenfations 
 granted-) or pretended to be granted, in order to 
 anyfuch Ends or Defigns, can be atteitded with 
 no other Advantage or Confeqmnce than that of 
 adding Sacrilege and Blafphemy to the Crimes 
 propofed to be licenced. And, that the Doc- 
 trine of Equivocation, or mental Refervation, is 
 deteftable in its Principles, is wholly contrary to 
 Chrijlian Simplicity and Sincerity, and in its Con- 
 Jequences, is everjive of 'Truth, Juflice and com- 
 mon Society. 
 
 Now, my Lords, as thefe are the Princi- 
 ples and Doctrines that have been invariably 
 avowed, profefled, and taught, by the Clinch 
 of Rome, and all her Members, during fome 
 Centuries lafl pad ; I want to know who it 
 is that has a Right to fet up another Syftem 
 in her Name? I want to know what poflible 
 Exception, or Doubt, can remain in the 
 Minds of People, refpedling this Matter ? 
 
 There is my Lords, there is one pofTible 
 Doubt (till left. Captious People may quef- 
 tion whether Roman-Catholics are fmcere in 
 their Profeffion of thefe Principles; and the 
 only remaining Teft, of that Sincerity, will 
 
 be
 
 ( 99 ) 
 
 be to enquire whether their Practices have 
 been conformable to fuch Profeflions ?' 
 
 Alas, my Friends ! Heaven forbid that ever 
 Proteftants mould be tried by the fame Teft. 
 
 But, with refpect to this fame Depofing 
 and King-killing Doctrine. Was the fove- 
 reign Prince of Geneva depofed and expelled 
 by Papifts? no, my Lords, neither Calvin 
 nor his Followers, as I take it, were Papifts. 
 Was Sigifmond depofed from Sweden , or 
 Philip from the Netherlands; or Mary from 
 the Throne of Scotland by Papiils ? Was the 
 faid .Miry, or her Defcendant, Charles Stuart* 
 put to Death by Papifts ? No. All this was 
 done by the Members of the Reformation. 
 But, fhall all the Practices of the Reformed 
 be afcribed to the Principles of the Religion 
 that they profefs ? God forbid. 
 
 On the other Hand ; if we put the Since- 
 rity of Roman-Catholics to this Teft, by com- 
 paring their Profefflons to their general and 
 known Praftice, regarding Civil-Government; 
 we (hall find that they match like a Pair of 
 Indentures, and that the one has been per- 
 fectly conformable to the other. Even in thofe 
 Countries where a different Religion is efta- 
 blifhed by Law, as in Sweden, Brandenburg > 
 Hanover, Upper Saxony, Holland &c In 
 every Climate, I fay, and under every Con- 
 flitution, we ftill find them diflinguifhed for 
 their Amenablenefs to Authority, and for 
 their Attachment, Fidelity, and Affection to 
 their Rulers. 
 
 K 2, And
 
 And now, my Lords, if the good Princi- 
 ples of thefe People, with refpect to Civil- 
 Government, have been profeffed and after t- 
 ed, by themfelves and their Church, during 
 many Generations. If thefe good Principles 
 have been, further, attefled and approved by 
 their Practice, in all Countries, and under all 
 ConflitutionSj I requeft to be informed of 
 any poffible Doubt in a Cafe where every 
 poflible Proof is exhibited. 
 
 Ltrd Chief Juftice. 
 
 Mr. Serjeant Statute, Have you any Thing 
 in Reply to what has been argued on the 
 other Side ? 
 
 Serjeant Statute. 
 
 If your Lordfhips, and you, Gntlemen of 
 the Jury, fhall think a People deferving of 
 public Confidence who, notwithftanding what 
 has been argued, in Excufe of other Princi- 
 ples, are profefledly Idolaters, Wormippers 
 of Gods of Pafle, of Relicks, and Image- 
 Trumpery, with Legions of Saints and Sain- 
 trels, and fo forth ; I fhall proceed to frefli 
 Matter. 
 
 Cminfettor Candour. 
 
 It is, my Lords, an un con trover ted Max- 
 im, in Politics, that States have no Jurifdic- 
 
 tion
 
 tion over Matters of Opinion that do not in- 
 terfere with the Weal of the State. Thus, 
 if two Men quarrel, and one of them aflaults 
 and maims the other, on aDifpute about the 
 Derivation of a Greek Word, or concerning 
 the Entablature of the Pillars of the Jewijb 
 Tabernacle, the State mould certainly take 
 Cognizance of the offending Party, without 
 regard to the Propriety or Impropriety of his 
 Opinion, with which the Public has no Man- 
 ner of Concern. 
 
 The only Ufe of Religion to Civil Go- 
 vernment is, by making good Men, to make 
 good Subjects. And, in a State or Com- 
 munity, all Religions are tolerable whofe 
 Opinions are not chargeable with political Im- 
 morality, or, that do not make bad Subjetfs 
 by making bad Mm. 
 
 Now, if the Gentleman can mew that thefe 
 erroneous Opinions, which, by the Bye, 
 are denied by the Church of' Rome, are 
 chargeable, as I fay, with political Immora- 
 lity; if he can mew that They are product- 
 ive of Treafons, Murders, Robberies, Sedi- 
 tions, or the Like, he will touch upon Some- 
 thing that may tend to his Purpofe. 
 
 Serjeant Statute, 
 
 I always thought, my Lord?, that Immo- 
 rality confided in the Deviation from Truth. 
 K 3 Counfclk,-
 
 ( 102 ) 
 
 Counfdlor Candour. 
 
 No my Lords, there are many Millions of 
 Truths, in Mechanics, Mathematics, in 
 Phyfics, and even in Ethics, the Negation 
 of which cannot poflibly be charged with 
 any evil Tendency or Effect. Moral Evil 
 confifts in Malevolence alone ; and thofe Sen- 
 timents or Opinions, that tend thereto, or 
 are Confequences thereof, are Criminals and 
 Aggreflbrs againft Society. 
 
 But, my Lords, fpeculative Errors or Ig- 
 norance may, in certain Cafes, be more than 
 politically innocent, they may be politically 
 ufeful Auricular Confeflions, Purgatories, 
 Fafts, and Penances, are to the Members of 
 the Church of Rome, what Difcipline is in 
 the military Departement, they preferve Ro- 
 man Catholics in t{ie familiar Ufe and Prac- 
 tice of daily Obedience ; and this Habit of 
 Refpeft and Submiflion to ecclefiaftical Dif- 
 cipline is, not unnaturally, attended with Re- 
 fpedt and Submiflion to the fecular Powers. 
 Thus, the Obedience of thefe People to the 
 Authority of their Church is an Earned of 
 their Obedience to the Authority of all States, 
 whether Heathen or Chriftian, under which 
 they live. We cannot, indeed, boaft of their 
 being Sticklers for popular Rights, or Cham- 
 pions for Liberty ; but we can truely affirm 
 that they are the moft loyal and amenable or 
 all Subjects, under the Sun, 
 
 Lord
 
 103 
 
 Lord Chief Juftice. 
 
 Gentlemen of the Jury, with your Leave, 
 and that of the Gentlemen of the Bar, I 
 will now proceed to my Charge, in the fim- 
 plefl and fuccinfteft Manner I can. 
 
 Serjeant Statute. 
 
 I mu ft, ytt, entreat your Patience, my 
 good Lord Chief Jnftice. 
 
 Although all other Catholics, throughout 
 the Univerfe, were to be accounted loyal, 
 peaceful, and amenable to Goverft'ment, as 
 well upon Principles of Religion as of civil 
 Policy ; yet the Catholics of Ireland, can ne- 
 ver prove loyal to the royal Houfe of Hano- 
 ver, or to any other princely Succeffion, fo 
 long as an Individual of the unfortunate 
 and infatuated Houfe of the Stuarts (hall re- 
 main. 
 
 Mr. Candour, himfelf, has been exceeding 
 honeft and ample on this Head. He has 
 fhewn us that IriJb-Caabolics, notwithftanding 
 their temporal and fpritual Grievances under 
 James and Charles I. and notwithftanding 
 their Rejection of a Puritannical or Republi- 
 can Government, ftill continued inviolably 
 attached to the Perfbns of the faid Kings; 
 as they did, alfo, to the Per (on s of Charles 
 and James II. and to the laft Regent of that 
 inaufpicious Line. 
 
 It
 
 ( 104 ) 
 
 It fhould feem indeed, by the Hiftory of 
 their Behaviour under the Whole Race of the 
 Stuarts, that thefe People are of a Species, 
 like Spaniels, whofe Obedience and Fondnefs 
 encreafes in Proportion to the Lafhes that are 
 inflicted by their tyrannical Matters. Their 
 Loyalty appears to partake of the Propenfity 
 of the Bull-Dog, who will not quit his Hold, 
 though rent Limb from Limb. 
 
 What Profpect, then, what Expectation 
 can we reafonably form, that Irifh-Catholics 
 will be induced to bear any cordial Fealty to 
 our prefent illnflrious Houfe, while a Twig 
 of their anciently beloved Stem fhall fubfift ? 
 We may as well hope to fever Attraction 
 from Matter, as to tear, from the Breads of 
 this People, their Inclination and Attach- 
 ment to the Stuart Line. Thither their 
 Looks, their Defires, and Expectations will 
 tend, to the Laft; as fome benighted Mari- 
 ner looks to the Polar Star, whereby he hopss 
 to fleer to a Haven of final Safety. 
 
 Counfellor Candour. 
 
 I now begin, my Lords, to perceive the 
 great Advantage of Oratory ; and almoft to 
 think it a Match, in Controverfy, againft 
 Truth and a good Caufe. 
 
 Mr. Serjeant, undoubtedly, confcious that 
 he could aflign no rational Motive for the 
 Attachment of IriJb-Catbolics, to that ancient 
 Houfe of the Stuarts, artfully defcribes this 
 
 chimerical
 
 chimerical Attachment, as irrational; and, 
 thereby, avoids the NecefTity of affigning 
 any Motive or Caufe for the Same. 
 
 I, however, acknowledge that he plenti- 
 fully fupplies all Deficiency of Reafon with 
 pofitive Affirmations that the Fact is fo. He, 
 himfelf, appears fo fully perfuaded thereof; 
 and he has rendered his Affirmations fo fea- 
 fible and pleafing, by a Number of illuftrate- 
 ing and agreeable Images, that we are almofl 
 compelled, againft our better Knowledge, 
 to fall in with his Opinion. 
 
 Mr. Serjeant, among other Things, takes 
 Notice that IriJh-Catbolics rejected a puritan- 
 nical or republican Goverment. But is it to 
 be wondered that a People fliould do fo, 
 who, through a Succeffion of above ten Cen- 
 turies, had been invariably attached to Mo- 
 narchy and Epifcopacy? 
 
 He tells us of the Weight, of the many 
 temporal and fpiritual Grievances, under 
 which this People laboured, during the fe- 
 veral fucceflive Regencies of the Stuart Fa- 
 mily. If he finds any confequent Groanings, 
 Repugnancies, and Remonftrancies; he yet 
 finds, on the Part of Irijb Catholics, no In- 
 tention of any direct Oppofition or Rebelli- 
 on againft the Perfons eilablifhed, by Law, 
 on the Throne. This he admires, he is 
 amazed at ir, he knows not how to account 
 for it. Paffiue Obedience and Non-RefiJlance 
 come into his Head ; and he compares this 
 People to Spaniels whofe Fondnefs is encreafed 
 
 by
 
 ( ro6 ) 
 
 by the Lames and Inflictions of their inhuman 
 Matters. 
 
 If it were any way pertinent to the Caufe 
 I have in Hand, to juftify the Amenablenefs 
 of Irifb Catholics, at fuch Seafons, I would afk 
 Mr. Serjeant T what ought they to have done ? 
 Had they actually rofe in Rebellion, had they 
 dethroned one or more of the faid oppreffive 
 Princes, whom had they to fubftitute in the 
 Place of the Depofed? 
 
 It is true that they continued obedient to 
 James I. to Charles I. to Charles II. and to 
 James II. as they, afterward, did to William 
 III. to Queen Anne, and, with much better 
 Reafon, to George I. and the II. whom they 
 acknowledge of humane and illuftrious Me- 
 mory. But, my Lords, does their Submif- 
 fion to the faid Stuarts, by whofe Tyranny 
 they were galled, imply that they had no 
 Feeling nor Refentment of their Wrongs ? Is 
 it further to be inferred that they became 
 the more attached by the Greatnefs of their 
 LofTes, and the more enamoured of this 
 Houfe by the Severity of their Sufferings ? 
 
 I will fhew Ye, my Lords, that this was 
 unnatural, impoffible. I will mew Ye that 
 this inaufpicbus Race, were inaufpicious, 
 above all others, to the Catholics of Ireland. 
 That their Hardmips commenced under the 
 Firft of the Stuarts. That their Sufferings 
 encreafed under the Second, Third, and Fourth. 
 And that their Ruin was compleated by the 
 Fifth and laft of that Name. And that it is 
 
 not
 
 - ( io 7 ) 
 
 not potfible for this People to remember their 
 Undoing, without remembering the Hofti- 
 liiy of thofe who brought it about. 
 
 On the Acceflion of James I. to the Throne 
 of England, Iri/b Catholics, as I once before 
 obferved, were feized , of mod of the Lands 
 in that Kingdom. This firft Stuart was, then, 
 the firft Invader of thefe their Properties, 
 and, under the Finefle of Law, deprived 
 them of more Lands than all the Englifh Ad- 
 ventures had been able to lay hold of, by 
 War and flrong Hand, during ten preced- 
 ing Regencies. 
 
 Charles I. fhewed his Approbation of the 
 Meafures of his honed Anceftor, by vigor- 
 oufly running the fame Courfe. Ireland faw 
 no End of Inquifitions and Seizures. Many 
 private and Parliamentary Remonflrances 
 were made, againft thefe warranted Plunders 
 and legal Iniquities. The King, teized or, 
 poflibly, married into a Stop of iuch Abufes, 
 had promiled the Proprietors Redrefs and 
 Reftoration. His Deputy Strafford, however, 
 fecretly diffuaded him from fuch ram and in- 
 difcreet Retributions; and promifed to take 
 the whole Blame of the Knavery upon him- 
 felf. The King, as fecretly, thanked him 
 for this, feafonable Saving of his efcheated 
 Lands and Honour j and though, afterwards, 
 in the Time of his own Diftrefs, his Majefty 
 profefled his Repentance of thofe Injuries to 
 others, and accordingly tranfmitted his Ads, 
 of Lirmation and Relinquimment, by the 
 
 Committee
 
 
 ( io8 ) 
 
 Committee of the Irijb Parliament ; yet the 
 Government found Means to defeat the faid 
 Acts -, and the King's faid Graces became null 
 and void, and his faid Ufurpations remained 
 in full Force and Virtue of Law. 
 
 During the Authority of the Parliamenta- 
 rian Government, as alfo during the Regen- 
 cy of Crow-Wei, many further Seizures were 
 made of the Eftates of Irifh-Catholics, as well 
 under Colour of the Defection of Forty one, 
 as on Account of the Services which the Irijb 
 had rendered, in Scotland, to King Charles I. 
 and to King Charles II. againft the Englith 
 Parliament, and more particularly againft the 
 Scotch Rebels, whom thej defeated in a Num- 
 ber of defperate Engagements. The Irijb, 
 however, fondly allured themfelves of the 
 Reftoration of thefe their Eftates on the 
 Reftoration of the Throne to that Family, 
 in whofe Behalf they had loft their Blood 
 and their Fortunes. But, how cruelly were 
 their Hopes defeated! This fecond of the 
 Name of Charles, and Third of the Stuart 
 Line, no way degenerating from the Seventy 
 of his two Anceftors toward fri/b Catholics, 
 and, defirous of conciliating his formidable 
 Enemies, at the Expence and by the Sacri- 
 fice of his invariable Friends, transferred, and 
 confirmed, into hoftile Hands the Proper- 
 ties and Eftates that had been holden by 
 his Defenders ; lie received to his Bofom the 
 Partizans of the late Ufurper; he enfured to 
 the London Merchants more than a threefold 
 
 Equivalent
 
 ( 109 ) 
 
 Equivalent of Lands in Ireland for the Mo- 
 ney which they had advanced to carry on the 
 War againft his Father Charles I. and he con- 
 fented to a fpecial Exception of Irijh Catho- 
 lics from the general Adi of Indemnity 
 which pafied in Favour of all others, refpe<5t- 
 ing the late Times of mutual Turbulence 
 and Offence. 
 
 Serjeant Statute. 
 
 My Lords, if I do not forget, Charles II. 
 made a fpecial Refervation in favour of a 
 Number of the In'fh Gentry, who had ac- 
 companied him, during his Exile, or had 
 been, otherwile, perfonally attached to him- 
 felf and his Father, and exprefly provided 
 that an Equivalent fhould be given Them, 
 in lieu of thofe Eftates which they had for- 
 feited in Confequence of their adhering to 
 the Crown, 
 
 C. unfellor Candour. 
 
 Such a nominal Provifion, indeed, was ap- 
 pointed, and conditioned to bz carried into 
 EfTed, whenever the propofed Equivalent 
 mould be found: and this proved, exactly, 
 as honeft and as profitable, as enfeoffing 
 them with like Territories, in the World 
 of the Moon, provided they were fo tall, or 
 fo ingenious, as to reach them. 
 
 L Ye
 
 Ye have now, my Lords, had a Detail 
 of all the Favours and Benefits which ought 
 to have attached the Gratitude, of the Roman 
 Catholics of Ireland ', to the Defendants of the 
 three Firft of the Stuart Family. Let us 
 fee if they profpered better by the Generofi- 
 ty of their SuccefTors ? 
 
 They, now, found themfelves deprived of 
 mofl of the Lands, which they poffeffed, on 
 the Acceffion of the firft Stuart to the 
 Throne of England. A Remnant, however, 
 was ftill left to thofe, who had fided with the 
 Common-wealth, or who, by a prudent 
 Neutrality, or by Minorfhip, or other Ac- 
 cidents, were preferved from any Impeach- 
 ment or Colour of Defedion. 
 
 But, here again, comes James II. the fourth 
 of that friendly Houfe, to take away, at one 
 Sweep, whatever had, inadvertently, been 
 left by his Predeceflbrs. His perfonal Ap- 
 pearance, with the Government and Confli- 
 tution, as they imagined, on his Side, were 
 tempting Baits to ieduce them from their 
 better Intereftsj but his Promife of re-efta- 
 blifhing the Religion of their Fore- fathers, 
 and of reftaring them to the Pofieflion of 
 all their lapfed Ellates, overbore all Hefitati- 
 on, and Irijh Catholics, almoil to a Man, em- 
 braced his Caufe. 
 
 So great was the Folly and Superflition of 
 thofe Days, that many even of the Proteft- 
 ants, againft Intereil and Common-Senfe, 
 fided a!lb with tbi. e Enemy of their Rights 
 
 and
 
 . ( III ) 
 
 and their Religion. They had not, it feeYns, 
 reconciled themfelves to King James's, invo- 
 luntary Abdication of the Throne, a mcft futile 
 and needlefs Apology for reje&ing him ; when 
 he firft ABDICATED THE CONSTITU- 
 TION, he, then, ABDICATED THE 
 THRONE, and by the moft effectual of all 
 pofiible Releafes, difcharged every Subject in 
 the three Kingdoms from their Allegiance. 
 
 In the mean while, all the Advantage 
 that the frijb received from this Phcenome- 
 non of the Stiwt Houfe, that appeared fo 
 wonderfully to rife and blaze forth in their 
 Favour, was, that He fubjected them to the 
 Forfeiture of all the little Property which 
 his Predeceflbrs had left them; that he paid 
 their true Courage with falfe Money \ and that 
 he abondoned their Perfons to the Defence 
 of his own Caufe, though he himfelf, in Per- 
 fon did not dare to avow it. 
 
 Happy for this poor People, the Conquer- 
 or of James II. was not of the Stuart Race, 
 and was, ftill, a greater Alien to their Policy 
 and Difpofition, than he was to their Blood. 
 William pitied both the Civil and Religious 
 Prejudices of Injh Catholics. He beheld them 
 as. Enemies no longer than he beheld them 
 with the Sword in their Hand. He reftored 
 to them the Properties and conflitutional 
 Privileges, of which they had been in Pof- 
 fefllon, at the Time of their oppofing his 
 Acceflion to the Throne. And, though he 
 could not reftore to them thofe vaft Territo- 
 L 2 ries
 
 ( U2 ) 
 
 ries which they had loft, by Means of the 
 Stuarts, He yet left them the free Privilege 
 of acquiring an Equivalent, whenever they 
 fhould be enabled, by the Products of their 
 Induftry, to purchafe the Same. 
 
 Unhappily for this People, as alfo for 
 other Purpofes of infinite Import, the Reign 
 of this Monarch was but of fhort Duration. 
 To him fucceeded Queen Anne, the laflf of 
 the Stuart Line, and, with one Stroke, gave 
 the Coup de Grace, or fmifhing Blow, to all 
 the Misfortunes and Expectations of Roman 
 Catholics in Ireland. Her Anceftors had 
 barely deprived them of thofe Inheritances, 
 of which they were in immediate PofTeffion ; 
 but Anne took due Care, and made effectual 
 Provifion that neither they, nor their Pofte- 
 rity, mould ever inherit a Foot of Land in 
 that Kingdom. 
 
 It is not, here, my Bufmefs to dwell upon 
 the Grievances of the many limiting, prohi- 
 bitory, and penal Laws, that were enacted 
 during the Reign of that Princefs. Be it 
 fafficient to obferve, from the Beginning to 
 the End, that the Hiftory of Irifb Catho- 
 lics and of the Houfe of the Stuarts, feems 
 to confift of little elfe than Severities on the 
 one Part, and Sufferings on the other. 
 
 Here, my Lords, we have feen Provo- 
 cations without Meafure, and Opprefiions, 
 whereof we can fee no End, heaped fuccef- 
 fively by every Branch of the Stuart Family, 
 .upon this People-, Provocations more than 
 
 en on eh
 
 enough to keep alive their Rcfentments; 
 againft the Memory and lateft Dependents, 
 of that hoflile Houfe, by whom they and 
 their Dependents have fuffered, and ftill 
 fuffer, and may continue to fuffer till Time 
 mall be no more. 
 
 Here, my Lords, I fay, we have feen 
 every poflible Motive for Rejection, Difguft,, 
 and Hatred irreconcileable-, but no one Mo- 
 tive, in Nature, for AfTedYion or Attach- 
 ment, to the Holding of a Hair ; But Mr. 
 Serjeant, perhaps, may now have changed' 
 his Sentiments, with refpect to the religious 
 Principles of Roman Catholics; he may tell us> 
 that : they have remitted the- Offences of the 
 Stuarts, through a Senfe of Cbriftian Clarity. 
 If, indeed, they can pardon Injuries, fo ir- 
 reparable and fo lading, '.hey are, queftion- 
 lefs, the moft forgiving, of all Chriftians, 
 And, if they, indeed, continued attached to 
 fuch. ancient and inveterate Enemies, what 
 would they have been to Friends, to Princes, 
 who had treated them with Lenity and Good- 
 nefs? 
 
 But, my Lords, mould we fuppofe, with: 
 Mr. Serjeant, that this pretended Attach- 
 ment, of Irijh Catholics- to the Stuarts, was 
 fomewhat more than imaginary-, what then ? 
 Had it been formed of Links of Steel, it could 
 "ot have endured to the prefent Generation. 
 Time ceafeth not, from Day to Day, and 
 Hour to Hour, to expunge, to. wear, and 
 ;:afe & ImpreiTions and Traces of former 
 L 3
 
 Interefts and Regards. To Day we are in 
 Defpair for the Lofs of Parents, of Children, 
 of fome beloved Wife, or of Huibands deal- 
 to Matrons who were not Epbefians: To-mor- 
 row and to-morrow, the Violence of our Af- 
 fliction begins to fubfide; every Week and 
 Month brings additional Lenitives; next 
 Year we become eafy, the next Year we 
 become chearfulj and at laft we find what, 
 at firft, we cou!d not fuppofe poflibe, that 
 tht^Afcclions, as well as the Fajbions of this 
 World, pals and vanifli away. 
 
 It is now feventy Years, and feveral Gene- 
 rations have decayed and fucceeded, fmce 
 any Irifb Catholic lifted a Hand in Aid or 
 Comfort of a Defcendant of the Stuarts: 
 Even, during three Rebellions in Scotland; 
 all was quiet among the Irijb; no Commoti- 
 on or Cry was heard in their Streets-, no 
 Voice of Difaffection, to Government, or to 
 that Family from whom the Throne derives 
 its prefent Luftre. 
 
 But, my Lords, where is this Houfe of 
 the Stuarts, to which the Roman Catholics of 
 Ireland are faid to be fo attached ? What are 
 their Powers, their Expectations, their Con- 
 nections, their Family Alliances ? W T here, I 
 fay, is the Warmth and Luftre, of this fame 
 Polar Star, whereby our Infh Catholics, as 
 Mr. Serjeant alledges, look to fleer into a Haven 
 ef final Safety? All dark and extinct, not a 
 fingle Ray remains to attract or direct an 
 Eye to the Place of their Exiftencg, Such 
 
 Things
 
 ( i '5 ) 
 
 Tilings and Perfons have been ; but no Part 
 of the known World, now,- yields us any 
 Tidings or Intelligence concerning T-hem. 
 
 My Lords, I would humbly propofe a 
 Qneftion which every Man who hears me, 
 may anfwer to himfelf. If, while the Houfe 
 of the Stuarts flood, Irijb Catholics were in- 
 variably and inviolably attached to It; ought 
 fuch Fidelity and Affection to their former 
 hoftile Matters, ought fuch a virtuous Pro- 
 penfity to make them any way obnoxious to 
 their prefent benign Rulers? 
 
 A certain Duke of Orleans raifed Commo- 
 tions in the State againft his Kinfman, then . 
 King of France, but all his Meafures were 
 watched, and defeated, by fbme Perfons who 
 were inviolably attached to the Crown. Up- 
 on the Death of the Monarch, this fame 
 Duke afcended the Throne. His Courtiers 
 thronged about him. They called out for 
 fpeedy Vengeance on his late implacable Ene- 
 mies. But hisMajefty turning toward them, 
 with a Smile and a Nod; hum, hum, laid 
 he whifperingly; Vbey are the very bejl Friends 
 1 have upon Earth ; for thofe who were faithful 
 (igamft me while I "was Duke of Orleans, will 
 be the fait hfulleft to me, now that I am King of 
 France. It is Duty, and not Per/on, to which 
 they ftand attached. 
 
 In truth, no People in thefe Dominions, 
 no People in the Univerfe, can give furer 
 Demonstrations, of their Obedience to Go- 
 vernment, or Fealty to the reigning Powers, 
 
 than
 
 than Irijk Catbhlics have given of their Ame- 
 nablenefs to our Civil Eftablifhment, for thefe 
 feventy Years pad, and of their Loyalty to 
 the Houfe of Hanover, fince their firft Invef- 
 titure with the Crown of thefe Kingdoms. 
 
 It is true that the Roman Catholics of the 
 Kingdom of Ireland, cannot comply with the 
 Act of Uniformity, neither take the Oath of 
 Supremacy, for thefe are contrary to their 
 Confcience. But they are defirows of taking 
 the firmed Oath, of true Faith and Allegi- 
 ance to the gracious Perfon and Government 
 of his Majefty George the Third ^ that is re- 
 quired from the Papifts, of any other Nati- 
 on, to any other Government throughout 
 the Earth. 
 
 Let us no longer, then, be deceived, let 
 us no longer deceive ourfelves, 'with an eld 
 ffomans Fable of the Maff acres of Forty-one \ 
 with a groundlefs Imputation of infernal Princi- 
 ples, or tvitb an idle Suppofaion of this People 's 
 Fondnefs of a Race of Princes whom, of all. 
 created Beings, they have a Right to deteft. 
 Let us no longer, I fay, deceive ourftlves 
 with fuch chimerical Apprehenfions; as tho' 
 the Throne of the reigning Majefty were 
 endangered by Jrljh Catholics, or that Pro- 
 teftants could not live with them in good 
 Fellowfhip or Security. Such Notions are at 
 everfive of Truth and our own Charity, as 
 they are injurious to thofe our inoftenfive 
 Countrymen and Fellow Chriftians. 
 
 It
 
 If Irifb Catholics have been nurfed in Igno^ 
 ranee, or bred up to fome Errors^ that we 
 have reformed; this is greatly their Misfor- 
 tune, but no way the Fault of their Nature, 
 or of their Will. Shall we then prohibit 
 them from their Portion of Comfort upon 
 Earth, becaufe we think ourfelves in a fairer 
 Way of attaining Happinefs in Heaven ? Be 
 it fufficient, for the Security of our King 
 and Con ft i tut ion, and for quieting the Jea- 
 loufies of their Proteflant Brethren, that their 
 'Religion preacheth Peace, active Obedience, 
 and paflive Submifllon to all Civil Eftablim- 
 ments, under which they fhall happen to 
 live; and that their Conduct hath been prov- 
 ed, invariably, conformable to the faid Pre- 
 cepts, from Generation to Generation, be- 
 yond the Memory of Man. 
 
 But, my Lords, I have heard it queftion- 
 ed, by Men of Difcernment, whether many 
 of our Irijb Pr,oteftants have in Fact the Jea- 
 ioufies, that they pretend, of the Principles 
 or Propenfities of Irifb Catholics. People of 
 feifim Hearts, and narrow Understandings, 
 are apt to conceive that any Acceflion, to the 
 Fortune of a Neighbour, is a Icflening and 
 Abridgement of their own Pofieffions. Ig- 
 norance looks upon Lands, however wafte 
 and uncultivated, as the Wealrh of a Nati- 
 on ; and Avarice defires to engrofs the faid 
 Wealth to itfelf, though incapable of encreaf- 
 ing or ufing the fame. Hence, many Irifo 
 Proteftants are (ludious to contrive, and to 
 
 foment
 
 ( "8 ) 
 
 foment Fears and Jealoufies, to the Preju- 
 dice of their Popifh Brethren, in order to pre- 
 clude them, for ever, from any Portion of 
 Property or Profperity in their common 
 Country. They ignorantly imagine that the 
 Poffeflion of that defolated Ifland, is as a 
 Feaft where, if few Guefls participate, there 
 will be the better Cheer. But, fuch a nati- 
 onal Feaft, as ye well know, my Lords, re- 
 quires many Hands to prepare and to ferve it 
 up; and what Sort of Fare ought we to get 
 or expect, where we tie up the Hands and 
 ftarve the Mouths of our Caterers. 
 
 This, my Lords, hath been done, in Ef- 
 fect, by the many limiting Claufes and Ex- 
 clufions, of our Popery Laws, in Ireland, 
 We have, by Difcouragements amounting 
 to an abfolute Prohibition, precluded, near- 
 ly, two Thirds of the Natives of that King- 
 dom, from contributing to the Profperity of 
 the remaining Inhabitants; and, by fup- 
 preffing the Induflry of the greater Part, we 
 have effected the impoverishment of the 
 whole of the Nation. 
 
 The Number of the People, my Lords, 
 hath ever been accounted the Wealth of 
 every Republic ; becaufe Number fupplies 
 Hands i and becaufe thofe Hands fupply In- 
 duftry; and becaufe Induftry fupplies thofe 
 Products that can alone conftitute the Wealth 
 and Profperity of Man : But if any Republic 
 fhall, prepofteroufly, tie up the Hands, or 
 difcourage the Induftry of its Conftituents ; 
 
 the
 
 ( up ) 
 
 the Number of Hands, that makes the 
 Blefimg and the Wealth of all other Repub- 
 lics, becomes the Curfe and the Poverty of 
 fuch an infatuated People; and the Com- 
 pilers and Abettors, of fuch perverfe Laws, 
 find their Punifhment in their Participation 
 of the general Calamity. 
 
 Let us then unmuzzle the Oxen by whom, 
 alone, we can propofe to till the Land or to 
 tread the Grain. Let us do more than relax 
 the Hands by whofe Induftry we wifh to 
 profper ; let us encourage, let us incite them 
 to labour for us, by admitting them to a 
 Share of the Product of their own Toils. 
 Let us fuffer this poor People to eat the 
 Bread of the Land, and, in return they will 
 furnim our Tables with Dainties. Let us 
 bind them to us by their Interefl. Let us 
 take a Pledge of them by their Property. 
 And let us turn the Waftes of Ireland into 
 Scenes of Plenty and Profperity, by making 
 it the Advantage of Irijb Catholics to reclaim 
 and cultivate the fame. 
 
 Lord Chief Jujlice. 
 
 GENTLEMEN OF THE JURY. This 
 Tryal has been long, but that Length was 
 unavoidable. Great Difference is to be al- 
 lowed, between the Tryal of a fingle Man, 
 and that of a whole Nation; and ftill more, 
 where the TranfocYions and Interefts, of that 
 Nation, are carried backward, through pail 
 
 Ao;es,
 
 ( 120 ) 
 
 Ages, and forward into Futurity. Various 
 Hiftories of Times part, Preemptions of 
 Times to come, with all Caufes and natural 
 Confequences, any way relative to fuch Con- 
 cerns, ought to be brought into Debate and 
 impartial Confideration. 
 
 The Gentlemen of the Bar have, with e- 
 qual Ingenuity, (elected and digefted whate- 
 ver was material to their refpeclive Pitas, 
 and have argued with equal Perfpicuity and 
 Eloquence. 
 
 Indeed the Council, for the Crown, has 
 been much more coactfe than the Council 
 for the Accuftd. But in all Cafes, it takes 
 more Time and Terms, to anfwer and to 
 folve /Enigmas and Exceptions, than to pro- 
 pofe them. 
 
 In recapitulating what has been fa ; d, I 
 (hall, purpofely drop all Matters of Jnvec- 
 tive, and Figures of Oratory ; I fhall only 
 touch what 1 conceive to be the Merits of 
 the Caufe on either Part. 
 
 Mr. Serjeant Statute, in his Plea againft 
 the Roman Catholics of Ireland, firil charges, 
 That during the Reigns of James and Charles 
 I. tbofi People enjoyed all fpintual and temporal 
 Privileges equal with Protejiants wbofi Religion 
 was eftablifbed by Law, And he further lap- 
 ports this Charge by the Teftimony of Lord' 
 Clarendon, an Author, to this Day, in great 
 Repute. 
 
 This was a very material Part of Mr. Ser- 
 jeant's Plea-, for, had the Cafe been fo, it 
 
 would
 
 would have argued and aggravated the great 
 Wickednefs, as well as Folly of Irijh Catho- 
 lics, to rife againft Government when they 
 had nothing to complain of, nothing to re- 
 drefs. 
 
 To this Mr. Candour, Council for the Ac- 
 cufed, anfwers, that the Fact was wholly the 
 Reverfe of what Mr. Serjeant reprefented; 
 and that the fpiritual and temporal Grievances 
 of Irifh Catholics, continued and encreafed, 
 throughout the faid two Reigns. 
 
 In Contraft to the Teftimony of Lord Cla- 
 rendon, with refpect to Spirituals, he pro- 
 duces many public and notorious Inftances, 
 where the Act of Uniformity was enforced 
 with much Rigour; where the Exercife of 
 the Popifh Rites and Ceremonies were pro- 
 hibited ; and where thof'e People were enjoin- 
 ed under heavy Fines and Penalties, to con- 
 form to a Religion that was contrary to their 
 Conference; a Matter which would have 
 been as wicked in the Practice, as it was fe- 
 vere in the Appointment. For he who do- 
 eth Good,- againft Confcience, doeth guiltily. 
 
 Again to invalidate the Teftimony of the 
 faid noble Author, with refpect to Tempo- 
 rals; Mr. Candour produces fuch a Multipli- 
 city of unqueftionable Authorities, that it is 
 wonderful how any Hiflorian fhould have 
 overlooked them. 
 
 He (hews us that, early, in the Reign of 
 
 James I. a civil Inquifition was appointed, in 
 
 M Ireland
 
 (122 ) 
 
 Ireland, for examining the Titles that Peo- 
 ple had to their Eftates. 
 
 I muft here obferve to ye, Gentlemen, 
 that from the Conduct and Intention, of this 
 Inquifition, it does not appear that any Fault 
 or legal Forfeiture, on the Part of the Pro- 
 prietors, was either pretended or required, 
 in order to the diverting them of their 
 Kftatesj if they could not produce and prove 
 fome grant from the Crown, or other Equi- 
 valent Conveyance, thefe Eftates were, then 
 to revert or efcheat to his Majefty , on the 
 original Title, as we may fuppofe, of the 
 Grant of the Kingdom, to King Hcnfy by 
 Pope Adrian. Thus, the Io; ger thefe Te^ 
 nures had continued in Families, the moie they 
 were in Danger of Forfeiture or Reverfion, 
 through the Likelihood that the Title Deeds 
 had perimed by Time or Accident. 
 
 This Inquifition, however, was profecuted 
 with equal Injuftice and Application, during 
 the whole Reign of James, and to the latter 
 End of the Reign of Charles I. and tiiat, in 
 fo fhamelefs a Manner, particularly by Lord 
 Wcntwortb, as cafts back Infamy on the 
 Council, Judges, and Inquifitors, and all who 
 were Parties to the fame. 
 
 There can be no Queftion, Gentlemen, of 
 Fac~ls equally attefled, by the vafl Territo- 
 ries found for the Crown under the faid In- 
 quifition, by the Remcnftrances of Pai lia 
 ment on the faid Grievances, by his Majefty's 
 Prqmife of Redrcfs and Relinquimment, and 
 
 by
 
 ( 123 ) 
 
 by his tranfmitting two Ads to the Commons 
 of Ireland for that Purpofe: And, indeed, 
 Mr. Serjeant ieems fo confcious of Mr. Can- 
 dour's having refuted this Part of his Plea, 
 that he filently acquiefces in a Procedure to 
 new Matter. 
 
 Mr. Serjeant had further charged that, on 
 the 23d of Oftober, 1641, a univerfal Con- 
 fpiracy and Infurreclion of the Roman Catho- 
 lics broke out through all Ireland. That for- 
 ty or fifty thoufand Proteftams were maf- 
 facred before they bad Notice or Time to 
 avoid the Danger. And that one hundred 
 and fifty thoufand were butchered, in cold 
 Blood, during the two firft Months of this 
 Rebellion. 
 
 In Proof of the two firft Articles of this 
 heavy Charge, Mr. Serjeant quotes the ex- 
 >refs Affirmation of Lord Clarendon: And,, 
 in Proof of the laft Article, he quotes the 
 exprefs Affirmation of Sir John Temple. 
 
 On the other Hand, the Council for the 
 Accufed fcts thefe two illuftrious Witnefles 
 at Variance with each other; and mews that 
 Sir John Temple, in direct Contradiction to 
 Lord Claredoii, affirms that the Irijb, at the 
 firft, did not murder many Englijh-, but cer- 
 tainly, fays he, that, which thefe Rebels 
 mainly intended and bufied themfelves about, 
 was the Driving away Englijbmcns Cattle and 
 poflcffing themfelves of their Goods. 
 
 Having, thus far, weakened the Authori- 
 ty of one or both of thefe Hiftorians-, Mr, 
 M 2 Candour
 
 C 124 ) 
 
 Candour continues gradually to remove the 
 Weight of this whole Charge, by the 
 Teftimonies of a Proclamation of the Lords 
 Juftices, Parfons and Borlafe, recited by Sir 
 John Temple himfelf. By Extracts from the 
 Journal of the Houfe of Lords here in Eng- 
 land. By a Letter from Lord Clanricarde to 
 the Earl of Briftol. By a Letter from the 
 faid Lords Juftices to the Lord Lieutenant, 
 then in England. By another Letter from the 
 faid Lords Juftices to the faid Lord Lieute- 
 nant. And by a fpecial Commiflion of the faid 
 Lords Juftices, dated December 23d, 1641, 
 precifely two Months from the Day of the 
 Infurredion, and directed to feveral MagiC- 
 trates in the Province of Ulfter, &c. to en- 
 quire into the Damages done by Irijb Catho- 
 lics, All which concurring Teftimonies ferve 
 to perfuade us that the Infurredtion was very 
 far fiom b.ing general, either on the firft 
 Day, or in the two firfl Months of faid Re- 
 bellion, and that not the hundredth Proteft> 
 ant, affirmed to have been maflacred, can 
 be fujjpoicd to have \ocrifhed within that 
 Time. 
 
 Mr. Serjeant hereupon, appears amazed 
 that fo many Authorities covild have been 
 brought together for the Overthrow of the 
 Credit of his two hiftorical Pillars, fo long 
 and fo well tftablimed in the Opinions of 
 Mankind. He cannot confent that either 
 Clarendon or Temple fhould be thought guilty 
 of falfe Evidence j he therefore imputes the 
 
 Error
 
 ( 1*5) 
 
 Error of the Firft to fome Interpolation, and 
 the Error of the Latter to the Careleflhefe of 
 Printers, who had inadvertently fubftituted 
 the Word Months for Tears. 
 
 Gentlemen of the Jury. In my prefenr 
 Charge, I have chofen to follow that natu- 
 ral Order, in which the Merits of both 
 Pleadings arofe to my own Mind, rather than 
 the percife Order in which they were argued. 
 I (hould, otherwise, have informed you, be- 
 fore now, that Mr. Serjeant, growing warm, 
 on fome little Matte: of triumphant Merri- 
 ment in his Opponent, crys out, we may r 
 mortly expert to be told that there never 
 was fuch a Thing, as the Infurrcction of 
 Forty-one. This Gentleman may even ex- 
 cept to the Depofitions- taken of the many 
 bloody Butcheries committed' at that Time; 
 Depofitions that have flood the Teft of all 
 Time and Enquiry thefe hundred Years and 
 upward. 
 
 To this Mr. Cmd n ur very coolly- anfwers, 
 that he does peremptorily except to thofe 
 very DepofitioiiS. That all of them were 
 taken by Ferlons, who were the prejudiced 
 and avowed Enemies of the People whom 
 they propoltd to criminate thereby. That 
 fome of them might be prefumed the De- 
 pofitions of thofe who took them, rather than 
 of thofe who figned them, who could nei- 
 ther write nor read, and who, confequeatly 
 were ignorant of the Contents to which they 
 put their Firm-. That moll of ihcm were 
 M 3 t,&ea
 
 < 1*6 ) 
 
 taken from Perfons juft efcaped from the 
 Enemy, and were dictated, not by Fads, 
 but by the Fears of the Deponents; that 
 they actually believed all to be mafTacred 
 whom they left behind, a natural ErTtdt of 
 their Pannic, while each Deponent arrived 
 terrified, like the Meflengers to Job, and 
 cried, / only am left to tell the Tale. Laitly, 
 Mr. Candour doles his Apology, on this Head, 
 with a Recital of the Abfurdities contained 
 in fome of the faid Depoliiions, and pieafant- 
 ly hints at the Difficulty of numbering the 
 Ghofts, at Portadown Bridge, and of being 
 duly afcertained of their religious Principles. 
 
 Mr. Serjeant, fomewhat piqued at this 
 Kind of Raillery demands, of his Opponent, 
 whether he admits that any Murders or Mat 
 facres were at all committed, by Irijb Catho- 
 lics, during the Courfe of this Rebellion; or 
 whether it might not have been a very pla- 
 eid kind of Bufmefe, and quite innocent of 
 Blood. 
 
 To this Mr. Candour replies, and does not 
 hefitate to confefs, that there were many, 
 too many Murders and Maflacres committed 
 on both Sides. But, Gentlemen, the Dif- 
 tinction, which Mr. Candour makes on this 
 Occafion, is -worthy your particular Notice 
 and future Recollection, as it is the Axis on 
 which this Tryal is likely to turn. Thefe 
 Maflacres, he fays, were not committed, on 
 the one Side, by the People properly called 
 Protfftattts j nor, properly fpeaking, by the 
 
 People
 
 ( 1*7 ) 
 
 People called /"/2 Catholics, on the Other. 
 They were com mi Led, upon Irifb Catholics, 
 by a fanatic and enlbufiajik Soldiery, and up- 
 on Proteftants, by a favage and exafperated 
 Rabble of Free-booters. He obferves that En- 
 glijb-Proleftants and Irijb Papifts were, alike, 
 Sufferers on the Occafion; that the Generali- 
 ty, of the one and the other, had, in no De- 
 gree, provoked or interfered in the Quarrel; 
 that they were mutually made the Victims 
 therof; and that the Helplefs and the In- 
 nocent, on either Part, were caft to the 
 Swords of the Guilty, and the Offending. 
 
 Mr. Candour % having thus wholly cleared 
 his Clients, as he conceived, from every 
 criminal Imputation, hitherto . charged by 
 the Council for the Crown, exprefles his De- 
 fire of dropping all further Altercation, touch- 
 ing the Infurredtion of 1641, left, in the 
 future Defence of his Clients, he mould be 
 compelled to criminate the Sectaries of triofe 
 Days and, thereby, to give Offence to the 
 Sectaries of thefe Days, with whom we con- 
 tinue to live in all Peace and Charity. 
 
 Mr. Serjeant, however, will by no Means 
 agree to fuch a Compromife. He feems to 
 think that, where 'Temple fpeaks of the Maf- 
 facre of one hundred and fifty thcufand 
 within the firft two Months of the Rebellion, 
 the Error lay merely in the Abridgement of 
 the Time, and not in any Exaggeration of 
 the Number. Thus reftored as he appre- 
 hends, to the Merits of his Charge, he pro- 
 ceeds
 
 ( 128 ) 
 
 cceds to perfuade us of the Likelihood of 
 the Fact from the ancient Antipathy of the 
 Irifb to the Englijb ; from their beholding 
 them as the Invaders of their natural Rights 
 and Properties; from their Propenfities, or* 
 that Account, to perpetual Rebellions, fince 
 the firft Engli/b Invafion ; 'and that, at this 
 particular Period, when the Scotch were up 
 in Arms, and the King embroiled with his 
 Parliament, the Roman Catholics of Ireland 
 gladly feized the Occafion to caft off the En- 
 glijb Yoke, which they nearly effected, as 
 Mr. Serjeant affirms, by the Mafiacre and 
 Extirpation of almofl every Engli(b Proteft- 
 ant within the Kingdom. 
 
 Mr. Candour^ no longer permitted to de- 
 cline the Conteft, cafts this ancient Repug- 
 nance, of the Irijb, to Government, upon 
 the intolerable Infolence and Tyranny of the 
 Englijb, He adds that, during the Reigns of 
 James and Charles I. when thefe People were 
 admitted to the Protection and Warmth of 
 a juft and a free Conftitution ; had not thefe 
 Advantages been, again overpoized, by the 
 Deprivation of their Eftates and the Prohi- 
 bition of their Religion, they would have fat 
 down in Peace, the moft fatisfied a.id grate- 
 ful of all Men living. 
 
 In Attejlation of this juft and amenable 
 Difpofition in the native Iri/b, Mr. Candour re- 
 fers to feveral very honourable Memorials in 
 their Favour, quoted from Sir John Davis, 
 Attorney-General to James I. and one of the 
 
 itinerant
 
 ( 129 ) 
 
 itinerant Judges in Ireland. Agreeable to 
 this their peaceable Temper, he affirms that 
 during the whole War of 1641, eight 
 Tenths, of Irtjb Catholics, never offered to 
 ftir in any Act of Hoftility. That great 
 Numbers of their Gentry were perfonally at- 
 tached to the King. That all this People, 
 without Exception, were attached to the 
 Conftitution. That fuch an Infurreclion was 
 by no Means the general Inclination of the 
 Irifb. That they avoided its Commencement. 
 That they detected its Confequences. That 
 they were artfully and violently impelled 
 thereto, with a View to the Forfeiture of 
 their Lives and Fortunes. And that they 
 had no other Alternative, no other Option, 
 fave patiently to abide the Swords of their 
 Enemies, or to (land for their Lives. 
 
 Mr. Candour ) at this Time, feems juftly 
 aware that Allegations fo contrary to the 
 Opinions and Prejudices, long entertained and 
 deeply rooted againft this People, require very 
 uncommon and unqueftionable Proofs. He, 
 therefore, calls in a Hoft of honourable, right 
 honourable, and royal WitnefTcS to his Aid, 
 From feveral Ted i monies of Lord Clarendon^ 
 and feveral Teftimonies of Sir John Temple, 
 who were principally quoted againfl this Peo- 
 ple; from that of his Majefty King Charles 
 I. from many Teftimonies of the Earl of 
 Clanricarde\ from that of the Author of the 
 Hiftory of Independency; of the Reverend 
 
 Doctor
 
 Doctor Naif on-, of the Earl of 
 
 and of the Parliament of Ireland \ he (hews, 
 
 That, u Many of the Irijb Catholics vert 
 " driven by the Rigour of tbofe who tverU in 
 " Authority, to put tbemfefoes into the Protection 
 " of tbofe "johnfe Ways and Courfes they totally 
 " disapproved. That the Perfons, then in Power, 
 " threatened all Extremities to the Community 
 " of the Irijb Nation, refolding to dejlroy Root 
 *' and Branch, Men, Women and Children, 
 " without Regard to Mercy. That fuch Mea- 
 " fures armed this People with Defperation. 
 " That the Rigour fell even upon well deferving 
 " Servitors. That even thofe, of the Irijb Ca- 
 " tholics, who fought under the Banners, and 
 " in the Caufe of tbt Government, conceived 
 " themfelves defined to Dejlruftion let .their En- 
 " deavours be never fo loyal. That the Lords 
 " Jujlices bad fo difpvfed of Affairs as if the 
 " Defign was laid to pit the whole Nation into 
 " Rebellion. That this was purpnfely d^ne by 
 " the Independents that both Pap -fa and Pro- 
 ** tejtants might deftroy one another. That the 
 41 Lords Juftices had a greater Eye to the For- 
 " feiture of the Rebels Eftates than to any 
 " Means for preventing or fuppr effing the In- 
 ** furreftion. And, that a more unpleajing In- 
 ** clination could not be difcovered than a ffiijb 
 u or Confent that the War Jhould be any other 
 " way ended than with the Blood and Confifca- 
 44 lion of all this People. 
 
 Hereupon, Mr. Candour obferves that, af- 
 ter fo many induftrious Contrivances^ for fo- 
 
 ihcnting
 
 mcnting Difcontents, and for exafperating 
 the Spirits of Irifb Catholics againft an Snglijh 
 Government^ it was not to be wondered that 
 the Dregs of this People fhould boil upper- 
 moft, and that the Savage and Flagitious 
 fhould perpetrate many Barbarities. But Mr. 
 Candour mews thefe Barbarities were (b 
 far from being imputable to the People, pro- 
 perly fpeaking, called Irifb Catholics, that 
 they were perpetrated contrary to the Cuftom 
 of their Army, to the Ordinances of their 
 Clergy, and to the Orders of the Chiefs of 
 the Infurrection; that many of the Offenders 
 were puniftied by the Irijb themfelves; and 
 that they were univerfally condemned and 
 excommunicated by their Church. 
 
 Mr. Serjeant Statute, additional to his firft 
 Charge of the Maflacre of one hundred and 
 fifty thoufand, further affirmed that, in the 
 Courfe of this Rebellion, the Iri/b Catholics 
 nearly effected their Intention, of calling off 
 the Englijh Yoke, by the Extirpation of al- 
 moft every Proteflant within the Kingdom. 
 
 To this Mr. Candour, in the Courfe of his 
 Defence, very fully replies. He (hews, by 
 a natural Deduction of hiftorical Facts, from 
 the firft Englijb Invafion to the Infurrection 
 of Fory-One, that the collective Number of 
 Inhabitants in Ireland could not be many; 
 I and, agreeable to the numerical Eftimates of 
 i thofe Days, he mews, that the refpective 
 I Amount of Epifcopal Proteftants, in that 
 ! Kingdom, could not exceed the 150,000 ai- 
 led ged
 
 Icdged to be maflacred. Wherefore to alle- 
 viate our Apprehenfions of the utter Extir- 
 pation of all thefe Proteftants, at that Pe- 
 riod; he very charitably proves, from the 
 Authorities of Do&or B or Life, Carte, Ware^ 
 and Others; that the great Numbers of Pro- 
 teftants, who poflcfled themfelves of ftrong 
 Holds, who efcaped from the open Country 
 of Ulfter to Dublin, who were delivered from 
 Bondage by Sir William Cole and Sir Frederic 
 Hamilton, who were prefervcd by Captain 
 Meruin in the County of Pirmanagh, who got 
 fafe to Derry, Colerains, and Carrickfergus, who 
 were Inhabitants of Dublin, who refided 
 peaceably in the open Countries of 'Mwtfer 
 and Leinjler, who lived under the Protection 
 of Irifb Catholics Where they were predomi- 
 nant, and who were faved from the Rabble 
 by the Priefts and Chiefs of the faid Ca- 
 tholics; Mr. Candour fhews, I fay, that,' 
 when all thefe Thqufonda upon Thoufands 
 arc totted together, there cannot be very 
 many miffing of the original one hundred 
 and fifty thouland, the Amount, as has been 
 eftimated, of Epifco'pal Proteftants, at the 
 Time of the Infurreclion. 
 
 Mr. Serjeant, finding himfelf thus pufhed 
 from all the Arguments and Authorities 
 v/herewi th he had entrenched himfelf, re- 
 treats to a Corner which he thinks ftill te- 
 nible; lie fays he does not fo much infift 
 on any particu'ar Number, of MafTacres and 
 Murders, as on the Barbarity of the Man- 
 ner i
 
 ( 133 ) 
 
 ner with which they were committed; and 
 he, inftantly, offers to go into Proof. 
 
 Here, however, Mr. Candour interpofes a 
 friendly Caution, he hints that People ought 
 not to be over forward in attacking Others 
 from that Quarter where they, themfelves, 
 are moft exacted; and he intimates his be- 
 ing able to produce five Inftances, for One, 
 of Cruelty for Cruelty, and Murder for 
 Murder. 
 
 To this Mr. Serjeant replies, by a laft Ef- 
 fort of Genius. He tells us, to the Purpofe, 
 that the Nature of an Action is properly de- 
 fined from the Nature of its Motive; and 
 that the very fame Slaughters, which are 
 Mafiacres and Murders in the Hands of 
 the Invaders of Laws, Country, or ^onfti- 
 tutions, are Deeds of Worthinefs and Vir- 
 tue in the Defenders thereof. 
 
 Mr. Candour's Reply, on this Occafion, 
 was too particular, and too deferving of the 
 Remembrance of all who heard it, to require 
 any Repetition. I fhail therefore, barely ob- 
 ferve that War, itfelf, when even exercifed 
 againft Rebels and Invaders, hath its Laws 
 and its Precincls. That no one ought to 
 be offended, who by Captivity, Surrender, 
 or Difability of Age or Sex, is incapable of 
 giving Offence. That the Pretence of Law 
 or Religion, for the Perpetration of evil 
 Deeds, ferves only to deepen their Guilt. 
 And, that Mr. Serjeant could not do a greater 
 Difgrace, to the civil or religious Coiiftitii- 
 N tions
 
 
 ( 134 ) 
 
 tions of his Country, than by afcribing to 
 Them the Horrors that he has, vainly, en- 
 deavoured to juftify by their Authority. la- 
 deed, what worfc could he fay of the Peo- 
 ple, whom he has arraigned, than that their 
 civil and religious Principles tend to the Pro- 
 motion and Perpetration of fuch pernicious 
 Deeds? 
 
 Mr. CandiM^ on the. other Hand, has dif- 
 claimed all fuch Deeds and all Tendency to 
 iiich Deeds, on the Part of his Clients. He 
 has fhewn that, during the Reigns of James 
 and Charles I. Irjfh Catholics, notvvithftanding 
 their temporal and fpiritual Grievances, con- 
 tinued loyal and even affectionate to thofe 
 two injurious Princes. That, previous to 
 the Infurrcclion of Forty-one, many additi- 
 onal Provocations were given, and many Ru- 
 mours purpofely fpread, to perfuade this 
 People that they were utterly to be extirpated. 
 That the Infurreclion, however, was very 
 far from being general. That they were 
 violently and induftrioufly impelled thereto, 
 with a View to the Forfeiture of all their 
 Fortunes. That they had no Alternative, 
 fave that of drawing their own Swords, or 
 of offering their Throats to the Sword of 
 their Enemies. That, in Times of fuch law- 
 left Diftrac~lion and Ferment, Rancour begot 
 Rancour, and Cruelty begot Cruelty. That 
 the Commiflions, on either Part, were bloody, 
 dreadful, inexcufable. That the Commiflions, 
 however, on the Part of the fri/k, bore no 
 
 kind
 
 ( '35 ) 
 
 kind of Proportion to the Reprefentation of 
 their Enemies. That fuch Barbarities were 
 perpetrated, by an exafperated Rabble, againft 
 the Inclinations of their People, the Cuitom 
 of their Army, the Orders of their Chiefs, 
 the Exhortations of their Clergy, and the 
 Ordinances of their Church. That, where 
 they could not duely reftrain the Profligate 
 and Flagitious of their own Party, they 
 ihewed their Abhorrence of fuch Enormities 
 by a contrary Conduct; by refcuing, freeing, 
 defending, cloathing, feeding their Proteft- 
 ant Brethren ; by convoying fome to Places 
 of Safety; by protecting others at their own 
 Hearths; by fheltering them in Chapels; 
 by faving them under Altars. Finally, Mr. 
 Candour^ having intimated that the Amena- 
 blenefs, and Innocence, and Virtue of the 
 Many, ought to compenfate, in the Eye of 
 Prejudice, for the Guilt of the Few ; he pa- 
 thetically wifh.es that the fignal Inftances 
 which he has given, of the Humanity and 
 Charity of the Forefathers of frijb Catholics 
 to the Forefathers of Irifb Proteflants, may 
 avail them, at this Time, for turning the 
 Hearts of their Children into Sentiments of 
 kind Neighbourhood and brotherly ,Love. 
 I confefs that I do not perceive, within 
 myfelf, any Averfion to the Succefs of this 
 Petition. 
 
 Mr. Serjeant Statute being, thus, gradually 
 
 pufhed from all the Pofts and FortreiTes, with 
 
 which he thought his Argument fo fecurely 
 
 N 2 entrenched,.
 
 entrenched, appears, however, xtremeiy un- 
 willing to quit the Field. 
 
 He finds that he cannot any longer main- 
 tain his Charge upon Proof, he is defirous, 
 -however, of fupporting it upon Prefumption. 
 With this View he intimates that the Prattices 
 of People muft bear a Proportion and Confor- 
 mity to their Principles; and he trufts, from 
 a Difplay of the Wickednefs of Popifh Prin- 
 ciples, to infer, an equal Depravity and 
 Wickednefs of Practice. 
 
 He then proceeds to give us a Summary 
 of. thofe horrid and deteflable Tenets. He 
 fets forth the Church of Rome as the Patro- 
 nefs and Sanctuary of all Kinds of Sin. He 
 intimates that her Indulgence to the Crimes 
 of her Votaries, requires neither the Contri- 
 tion nor Reformation of the Delinquents; but 
 that her Priefthood, as it were with a magi- 
 cal Spunge, can wipe away all Wickednefs, 
 however deep the Stain. That fuch Pardons 
 may be granted to Sins that are, yet, fcarce 
 in. Embryo or Contemplation. That they 
 will avail'for a Leafe of Enormities to come. 
 That they may be purchafed for Years, for 
 Life; be mads dcfcendibte to a Man's Heirs, 
 r.nd, thereby, at once, may encourage and 
 expunge the future Profligacy of Pofteri- 
 ty. And he laftly affirms that when any 
 Matter of Iniquity, however deteflable in 
 the Sight of Gocl and Man, is fuppofed to 
 be available for promoting what is called the 
 Catholic CaulV-, i: then changes its Nature, 
 
 becomes
 
 ( 137 ') 
 
 becomes a Matter of Righteoufnefs, is fancti- 
 fied by its Motive and deferves Reward. 
 
 Mr. Serjeant, it is true, does not produce 
 any Authority in Support of the Juftice of 
 thefe horrid Imputations; but he clearly e- 
 vinces thai they are not of his own Invention, 
 and that they muft formerly have been 
 charged to the Church of Rome, fnce her 
 Advocates have taken great Pains to refute 
 them. 
 
 I mull obferve to ye, Gentlemen, that Mr. 
 Candour, in his Anfwer, takes a Method 
 quite oppofite to that of Mr Serjeant. As 
 Mr. Serjeant would infer the Wickednefs of 
 Popifh Prances from the Wickednefs of .heir 
 1 Principles, Mr. Candour, with fome better 
 Appearance of Reafon, would infer the Gooci'- 
 nefs of Popifh Principles from the Goodnefs 
 of their Practice. 
 
 For this Purpofe, rre feems to deviate from 
 the Point in View, by running" a Round 
 throughout Hiftory, from the Reformation 
 downward; in all which he (hews that there 
 is no Kind of Conformity between the Prac- 
 tice of any Popifh Nation upon Earth, and 
 the Heinoufnefs of the Princij les imputed to 
 this whole People. 
 
 He admits, However,, that, previous to the 
 Reformation,, there might have been fomc 
 Foundation for the faid Charge; but this he 
 accounts for by a- very natural Diftinclion 
 between the Cburcb and the Ccurt cf Rc;::^ 
 vviitr-by he inews that when /??;:.- v.as in tr?r 
 N 3 Zeriiibs
 
 Zenith of temporal Principality, her Court 
 was tempted to utter, in the Name of her 
 Church, the Dictates of ambition and world- 
 ly Policy. He proceeds to remind us that 
 this Temptation has wholly ceafed. That 
 Rome has been long deprived of her temporal 
 Dominion. That fhe is now no longer a 
 Court, but a Church of Cbrift. That me is 
 thereby reftored to her primitive Charity. 
 And that, as fhe ceafes to be interefted in the 
 Dictates of worldly Policy, we cannot have 
 any thing to fear from her Religion. 
 
 Mr. Candour is not contented to reft here. 
 He proceeds to affirm, and takes upon him 
 to demonftrate, that the Principles, imputed 
 by Mr. Serjeant, were, at no Time, the 
 Principles of the Roman-Catholic Church. 
 
 In Support of this bold AfTertion, he 
 quote? the Authorities of the General Coun- 
 cil of Con/lance; of all the Academies of 
 France; of the Provincial Congregation of 
 the Jefuits at Ghent ; of the French Clergy in 
 their general AfTembiy; of the moft eminent 
 Doctors of the Roman-Church, and of the 
 Manuals and Books of Devotion univerfally 
 approved, printed, publifhed, and ufed by 
 all Popifh. Families', throughout the World. 
 And he mews, from the faid Authorities, that 
 the Church of Rome is not fatisfied with the 
 bare Difavowal of fuch abominable Tenets, 
 but that fhe publifhes, preaches, and incul- 
 cates, to all her Members, Doctrines wholly 
 the Reverie of thofe with which fhe is 
 
 charg ed.
 
 ( '39 ) 
 
 charged. And he, laftly, demands to know, 
 by what Right 01 Authority, any PerTon can 
 pretend to rorm.and \ iorruhr a Syftem, in 
 the Name of' the Church o Rome, which 
 fhe, herielf, univerfally refutes and contra- 
 dicts, by her Preaching and by her Pradlife. 
 
 Here, Mr. Serjeant, like other great Men 
 at the Bar, feems to fear thai the Want of 
 Juflice, on his Side, might pcflibly be miP 
 taken for the Want of Genius ; and, as he 
 cannot fupport his Charge (againft Papifts) 
 of Principles repugnant to Civil Government,, 
 he takes Occafion to quarrel with them for 
 Matters that differ, merely, in point of Faith 
 and -Opinion. 
 
 To this Mr. Candour, very pertinently, 
 replies, that the fole Ule of Religion, in tem- 
 poral States, is, by making good Men to 
 make good Subjects; and that all Opinions 
 are tolerable, in every Civil Government, 
 that cannot be charged with political Im- 
 morality, or, that do not make bad Subjects, 
 by making bad Men. 
 
 He goes further. He affirms, with great 
 Appearance of Reafon, that feveral of the 
 Tenets of the Church of Rome, fuch as au- 
 ricular Confeflions, Purgatories, Fafts, and 
 Penances, however erroneous in Point of Re- 
 ligion, are attended by Conlequences advan- 
 tageous to Civil Government, and, by habi- 
 tuating Roman-Catholics in their SubmiiTion 
 to Church DiJ'cipline, prepare them for that 
 Obedience which is due to \.\\Q/ecular Powers, 
 
 Here
 
 Here, Getlemen, I concluded that this 
 Controverfy was at an End. For, when the 
 Principles and Praflice, of a People, had been 
 fully convafled, I did not perceive that any 
 Thing further could be objected. I was, 
 therefore, proceeding to my Charge; but 
 Mr. Serjeant gave me to know that I was too 
 precipitate. 
 
 He informs us that, though all other Ca- 
 tholics, throughout the Wot Id, fhould be, 
 defervedly, accounted loyal and ameneable 
 to Government; yet the Catholics of Ireland 
 can never bear true Fealty to the royal 
 Houfe of Hanwer, fo 1( ng as an Individual 
 of the infatuated Houfe cf the Stuarts mall 
 remain. 
 
 In Proof, he fhevvs that, notwithftanding 
 the peculiar Grievances under which the Ro- 
 man-Catholics of Ireland laboured, during the 
 Reigns, and by the Means, of James I. of 
 Charles I. f f Charles II. cf James I1-. and of the 
 laft Regent of a 1 ine, feverely. tnaufpicious 
 to this People-, they yet continued attached 
 to the Perfons of thole Princes, with the 
 Fondnefs of a Spaniel, and the Adherence of 
 a Bull Dog, \vho will not quit his Hold tho' 
 torn Limb from Limb. And, indeed, if 
 Mr Serjeant had further fliewn that thefe 
 People had proved unfaithful to the Princes 
 of a different Houfe, or had acted againfl 
 WHiam III. againfl George I. or George II. in 
 Favour of any Stuart, fince they were legally 
 from the Throne of thefe Realms*,, 
 
 Ins-
 
 ( MI ) 
 
 his Charge had been greatly in Point, if not 
 conclufive. 
 
 Mr. Candour, in Anfwer to this imputed 
 Attachment, which he calls chimerical, does 
 not offer to argue, in form. He thinks it 
 fufncient to mew, by a Detail of hiftorical 
 Fads that hijb Catholics, of all others, had 
 the great eft Reafon to deleft every Branch 
 of a Line of Princes, who commenced in their 
 Sufferings and concluded in their Ruin. 
 
 He proceeds to obferve that, had this un- 
 accountable Attachment of Irijb Catholics, to 
 the Houfe of the Stuarts, been any Thing 
 more than imaginary; had the Remembrance 
 "thereof, even defcended. from Father and 
 Son to the third and fourth Generation; yet 
 Time and the Attrition of Years after Years 
 muft, 'ere this, have erafed all fuch partial 
 Impreffions; and that, in Inftances of much 
 nearer and dearer Recoiled! ion, the Affecti- 
 ons, like the Fafhions of this World, pals 
 away. 
 
 If in Reality, fays he, the Roman Catho- 
 lics of It eland continued faithful and loving to 
 Thofe, their inveterate Enemies, what would 
 they have been to Friends, to Princes who 
 had treated them with Lenity andGoodnefs? 
 Such Fidelity and Affection to their former 
 bad Mailers, can furely give no Caufe of 
 Exception or Umbrage to their prefent be- 
 nign Rulers. 
 
 But where, demands Mr. Candour, where 
 is this Houfe of the Stuarts, to whom the 
 
 Irijb
 
 , (HO 
 
 Irijh are faid to look, as to the Haven of 
 their Salvation? Unhappy, and obfcure 
 People! if any fuch there are, 'the World 
 neither takes Cognizance nor Concern about 
 them. And who will look for Support or 
 Succour from thofe, who cannot, themfelve?, 
 fubilfl:, but by the ComparTion of others I 
 
 GENTLEMEN of the Jury ; you un- 
 doubtedly recoiled many Things, in this Ar- 
 gument, which the Briefnefs, peculiar to a 
 Charge, did not permit me to recite. Ye 
 are, now, at Liberty to retire, and to con- 
 fult upon a Verdict, moll agreeable to Equi- 
 ty, and to the Nature of the Evidence that 
 has been laid before Ye. 
 
 Foreman. 
 
 My Lords, we do not need to leave the 
 Box, in order to debate this Bufinefs between 
 ourfelves; we are already agreed upon our 
 Verdicl. But, my Lords, this is a Caufe of 
 great Weight to the World, and, it has been 
 (b fairly and fully handled, this Day, as to 
 induce us to defire that the Pleadings, on 
 both Sides, mould be made public -, as well 
 to clear away the Load of hrftorical Rubbifh 
 that has lain upon Truth this Century paft, 
 as for the Satisfaction and Information of all 
 People; and more efpecially, for quieting 
 and conciliating thofe Animofities that have 
 been fo long fomented by mutual Mifrepre- 
 fentaticns. 
 
 Such
 
 ( H3 ) 
 
 Such a Publication, my Lords, as we hum- 
 bly apprehend, would render our Verdict al- 
 together unneceflfary; as every Man mud 
 then judge, according to the Truth of Fads 
 fo very clearly and fatisfactorily demonftrated 
 to Mankind. 
 
 Lor d Chief Juftice. 
 
 You muft pardon me, Gentlemen ; the 
 Court cannot difpenfe with a Proceeding fo 
 contrary to Form and Precedent. We infift 
 upon your Verdict. We, however, approve 
 of the Publication of thefe Pleadings; as they 
 snay ferve to acquit you of any Partiality, 
 and, as I truft, to juftify your Decifion, what- 
 ever it may be. 
 
 Gentlemen of the Jury Are you agreed 
 in your Verdict ? 
 
 All. 
 Agreed. 
 
 Lord Chief Juftice. 
 
 Were the People, properly called the Ro- 
 man Catholics of Ireland, guilty, or not guil- 
 ty, of the many horrid Barbarities, during the 
 Troubles of 1641, charged upon them by 
 Lord Clarendon, Sir John Temple, and other 
 Hiftorians? 
 
 Foreman.
 
 ( i-44 ) 
 
 Foreman. 
 Not guilty, my Lords. 
 
 Lird Chief Juftice. 
 
 Are the religious Principles of Roman Ca- 
 tholics confident, or inconfiftent, with the 
 Welfare of civil Government? 
 
 Foreman. 
 
 Confiftent with the Welfare of every Ci- 
 vil Government. 
 
 Lord Chief Jufiice. 
 
 Has the prefent Government of thefe King- 
 doms any Danger to apprehend from the 
 Attachment of Irift Catholics to the Hcufe 
 of the Stuarts ? 
 
 Foreman. 
 
 No danger to be apprehended, as we hum- 
 bly conceive, from the fallen Houfe of the 
 Stuarts, on any Score whatever. 
 
 Lini Chief Jujlice. 
 
 Amen, Gentlemen, fobeit, we pray God! 
 May all Injb Papiftsjoin with us in \vifli-
 
 ( 145 ) 
 
 ing that the illuftrious Houfe of Hanover may 
 continue to reign over thefe Kingdoms, for 
 ever, in their prefent Meridian of Glory and 
 Happinefs. 
 
 Foreman. 
 
 We moft ardently concur in that Petition 
 to Heaven ! And, indeed, every Verdict, up- 
 on Earth, ought to clofe with an Amen, to a 
 Prayer for the Patrons of the Liberties of 
 Mankind. 
 
 But, my Lords, we take leave to remind 
 you, that Mr. Candour , in the Clofe of his 
 Reply to Mr. Serjeant Statute, went a Step 
 4 or two further than he was warranted, as 
 we think, by any previous Charge againlt 
 this People. 
 
 He intimates that fome Irijb Acts of Parli- 
 ament, refpecting Roman Catholics, are in- 
 difcreet, in Point of Policy, and fevere in 
 Point of Humanity. He does not feem to 
 be fatisfied with refuting the feveral Charges 
 of Mr. Serjeant Statute. He himfelf, in his 
 Turn, becomes the AfTailant. He hints at 
 the Cruelty of precluding Fellow- Subjects, 
 FeUow-Chriftians, and Countrymen, from 
 the common Participation of Earth and Air. 
 He directly charges Irijb Proteflants with 
 Imprudence, and Inhumanity in their Con- 
 duct toward Irijb Papifts. And he fpeaks, 
 broadly enough, of the SuppreiTion of the 
 Piofperity of the Kingdom of Ireland^ by cer- 
 O tain
 
 ( 146 ) 
 
 tain Ligatures which the* Laws have put up- 
 on the Hands of two Thirds of the whole 
 People. 
 
 Any Meafures, my Lords, that tend to 
 a Man's Benefit, though at the Coft of his 
 Brother, may be accounted for on the Prin- 
 ciples of Self-Intereft, or Self- Love. But 
 Meafures that apparently tend to our own 
 Ruin, without any Advantage, fave that of 
 crulhing under us the People whom we hate, 
 fuch Meafures, I fay, may poflibly be ac- 
 counted for, on the Pinciples of Paflion, but 
 never on any Principles of common Policy or 
 common Senfe. 
 
 We cannot, therefore, but apprehend, 
 v/ith all Deference to the Merits of Mr. Can- 
 dour, that his Warmth in the Caufe which 
 he undertook, has tranfported him into Ex- 
 cefTes which he cannot coolly warrant. And, 
 if Mr. Serjeant would be fo good as to un- 
 dertake the Defence of Irifo Proteftants, 
 on this Head, wefhould hear him with great 
 Pleafure, if not with fome Prejudice in his 
 Favour. 
 
 Lord Chief Jujlice. 
 
 Be pleafed to refleft, Mr. Foreman, that 
 we really have not Time to call another 
 Caufe. The Gentlemen of the Bar are much 
 fatigued. This is, alfo, new Matter, which 
 you wifh to have debated; and, of a Confe- 
 quence that ought not to be patted over, as 
 
 with
 
 with Skates. I confefs my own Ignorance, in 
 a great Meafure, of the Conftitution and In- 
 terefts of our Sifter Country of Ireland. We 
 want Leifure and Study in a Queftion of 
 fuch Importance. If ye can prevail upon 
 Mr. Serjeant to engage in a Caufe which y 
 feem to patronize, I am fenfible that your 
 Advocate will be fuperior to all Opponents, 
 fave Truth, alone ; and this Day two Months, 
 with your Concurrence, may be appointed 
 for Trial. 
 
 I mufl apprize you, however, that, in the 
 Caufe propofed, I cannot fo properly take 
 the Lead on this Bench. My Brother, here, 
 the Lord Chief Baron Intereft will be a much 
 better Judge of fuch Matters. I will, how- 
 ever, attend him with Pleafure, and wifh ye 
 all, a good Night. 
 
 Hereupon the Crier broke up the Court, 
 and all retired much fatisfied with the Enter- 
 tainment they had received, during the firft 
 Trial; and full of Conjectures with refpect 
 to the Iffuc of the Second. 
 
 O z THE
 
 THE 
 
 T R Y A L 
 
 O F T H E 
 
 ROMAN CArHOLlCS. 
 
 PART II.
 
 THE 
 
 T R Y A L 
 
 O F T H E 
 
 ROMAN CATHOLICS. 
 PART II 
 
 HE fifth Day of laft Oflober being 
 arrived the Judges, Lawyers and 
 Jury, aflumed their refpedtive Pla- 
 
 _ ces, as before; and Counfellor 
 
 CANDOUR opened the Caufe, in the follow- 
 ing Words. 
 
 Counfellor Canddur. 
 
 My Lords the Judges, and Gentlemen of 
 the Jury! Ye are now to acquit or cenfure 
 the Conduft of Perfons whom no Body dared 
 to arraign in their Day. They are no lefs 
 
 than
 
 than her Majefty Queen Anne, the laft 
 Regent of the Stuart Line, her Privy-Coun- 
 cil of England, and her Frivy-Counci! of Ire- 
 land, wuh 'he Lords nnd Commons, of that 
 Kingdom, then, in Parliament aflembled. 
 
 If I iTiall haopen to be over warm in this 
 Caufe, as the Gentlemen of the Jury feemed 
 to apprehend, when laft we parted ; it is not 
 however, in behalf of Roman-Gz/o//'a t that 
 I lhall fhew, the leafl Appearance of an un- 
 becoming Zeal. It is in Behalf of his graci- 
 ous Majefty George the Third; in Behalf of 
 the Interefts of this his Kingdom of England-, 
 of the Intereft of the prefent Lords and Com- 
 mons of Ireland, of Irijh Proteftants in par- 
 ticular; and of that my beloved and native 
 Country in general. 
 
 On this Trial, my Lords, no Matter of 
 Life or Death depends, all the Parties, ac- 
 cufed, are long fince deceafed ; and, indeed, 
 the principal Matter with which we prefume 
 to charge them, is that they were not Pro- 
 phets as well as Legiflators- that they did 
 not forefee, or, rather, that they did not, 
 duely forecaft the Evils that might enfue, 
 and that have adualiy attended feveral Laws 
 which they enacted in thofe Days. 
 
 Serjeant Statute. 
 
 With your Pardon, my Lords, I do not per- 
 ceive that we can regularly enter upon a t)if- 
 cuffton of this Bufmefs. There is fomethirig
 
 ib facred in the contenting Act of the legiila- 
 tive and executive Authorities of a whole 
 Kingdom, as ought to deter Individuals from 
 the Prefumptioh of Queftioning, and, much 
 more, from an Attempt to criminate the 
 Same. 
 
 To what dangerous Lengths may Self-fuf- 
 ficiency extend! if every private Caviller mall 
 be permitted to quarrel with the Decrees of 
 his Rulers; and to canvafs and arraign, in 
 Point of Juftice or good Policy, the joint and 
 folemn Acts of a national Legiflature. 
 
 Counfellor Candour. 
 
 My Lords, I have already, been rebuked, 
 either with or without Reafon, for the 
 Warmth of my Friendmip to Roman-Catho- 
 lics. But, I have not imbibed fo much of 
 their Principles, as to afcribe Infallibility to 
 any fpiritual or temporal Jurifdi&ion upon 
 Earth. Humanum eft errare. This is equally 
 the Axiom of Nature and Experience. All 
 Men are fallible alike in the Congregate, as 
 in the Individual. And the Shrewd may err 
 as much, by over-reaching their Aim, as the 
 Ignorant, by falling fhort or deviating from it. 
 
 If I conceive that any Mortal, or Affem- 
 blage of Mortals, have erred, or are about 
 to err, in any interefling Concern, can I ferve 
 them better, can I oblige them more, than 
 by (hewing where that Error may be avoided 
 or reformed? Do not our Parliaments, them- 
 
 felves
 
 elves, exprcfsly acknowledge their own Fal- 
 libility, by repealing, and amending, a Mul- 
 tiplicity of Statutes which Experience hath 
 proved to be pernicious or imperfed? Be it 
 knorwn to you, Mr. Serjeant, that I am one 
 of theConftituents of the Parliament of that 
 Kingdom. That I have thereby a Right to 
 advjfe them, either before or during their 
 Seffion, of any Mcafurcs that I connive to 
 be o public Concern. And that it is my 
 Privilege, my Imereft, and even my Duty to 
 remonflrate, to the Patrons of the national 
 Frofpenty of Ireland, on any Detriment that 
 hath accrued, and on any Advantage that 
 may accrue to our common Country 3 
 
 T K Ut !a ""I L rdS ' Had the Laws > to Which 
 
 1 objeft been ever fo juft and wife at the 
 Time of their being enacted; had they been 
 machinated and framed, by an Affembly of 
 Sokns, of Ced^ and of Pitts, is that a 
 Reafon that they mould continue always 
 wholefome and necdftry, to the End of 
 lime? In a World, where nothing is perma- 
 nent; where Modes, Manners and Interefts 
 are ever at a Flux ; where Life is uncertain, 
 and all it contains changeable; Nature and 
 Keafon will conform to Circumftance ' and 
 Situation, and, where Caufes have ceafed in 
 any Degree, the Confequences ought to ceafe 
 m the fame Proportion. But, I further de- 
 mand, wherein or againft whom do I tref- 
 pafs, m this Matter? Will his gracious Ma- 
 jeity, or his Councils for either Kingdom, 
 
 will
 
 will our honoured Reprefentatives of the Peo- 
 ple of Ireland be offended, by my fuppofmg 
 that they, in their fuperior Wifdom, are 
 duly qualified for rectifying the MiftaK.es of 
 their Predeceflbrs ? 
 
 Laftly, Mr. Seajeant, were your Notion of 
 refpedable Infalhbity equally applicable to 
 all Monarchs, all Minilters, all Councils, 
 and all Parliaments, in all Ages; can it be 
 Treafon to affirm that a total Change of 
 Times, Occafions, and Exigencies, may make 
 the Continuance of an Expedient abfurd and 
 deftruclive, which originally might have been 
 founded in fome Sort of Prudence ? No, fure- 
 Jy. Permit me, then, Mr. Serjeant, to pro- 
 ceed, wholly untrammelled in the Way of 
 Truth. It is not poilible that I mould give 
 juft Caufe of Offence, while I intend Nothing 
 worfe than Honour to Station, Profperity to 
 my native Country in general, Advantage to 
 the Proteftants of that Country in particular, 
 and a Relaxation from Grievances to fuch of 
 her Papifts as, in the lifue, mall be found 
 and deemed worthy thereof. 
 
 Lord Chief Baron Intereft. 
 
 You are in the Right, Mr. Candour ; pray 
 proceed. God forbid that the King, or the 
 Legislature of a free Conftitution, mould 
 condemn a Man for attempting the Service 
 of his Country. 
 
 QatnfeUor
 
 ( 156 ) 
 
 Counfellor Candour. 
 
 I fhall not, my Lords, take any Manner 
 of Exception to the Laws, efpecially called 
 the Popery Laws, as being fevere or oppref- 
 five of Iri/b Papifts; but merely, as I ap- 
 prehend Them injurious to Government ; 
 dangerous and detrimental to Irifh Proteft- 
 ants, and repugnant to the general Interefls 
 of the Nation. 
 
 EY THE 2d. Ann. Sell i. Chap. 6. 
 " Every Papifl fhall be difabled to purchafe 
 " either in his own Name, or in the Name 
 " of any Other, or to his Ufe, or in Trull: for 
 <c him, any Manors, Lands, Tenements, Here- 
 " ditaments, or any Rents or Profits out of the 
 " fame, or any Leafes or Terms thereof, other 
 ** than any Term of Years not exceeding 
 * thirty one Years, whereon a Rent, not lefs 
 " than two Thirds of the improved yearly 
 Value at the Time of making fuch Leafe, 
 *< fhall be referved or made payable during 
 fuch Term; and all Eflates, Terms, or 
 <c any other Interefls, or Profits whaifoe- 
 " ver, other than fuch Leafes as aforefaid, 
 " purchafed by, or for the Ufe of fuch Pa- 
 " pill, or upon any Truft or Confidence, 
 c ' mediately or immediately, to or for his 
 " Ufe or Advantage, fhall be utterly void." 
 
 Further, by ad. Ann. SeflC i. Chap. 6. 
 Every Irifh Papifl is, effectually, excluded 
 from'bearing any Office, civil or military, or
 
 ( '57 ) 
 
 receiving any Salary, Fee, or Wages, be- 
 longing to, or by Reafon of any Office or 
 Place of Trufl under the Crown. 
 
 By the 8th Ann. Chap. $d. " No Papift, 
 " or Perfon in Trufl: for any Papift, fhall be 
 " capable to take, have or receive, any An- 
 " nuity for Life or Term of Years deter- 
 " minable on any Life or Lives, or for any 
 " greater or lefier Eftate, any ways charge- 
 " able on, or that may affeft any Lands, 
 " &c." 
 
 " All collateral and other Securities by 
 " Mortgages, Judgments, Statutes-Mer- 
 " chant, or of the Staple or otherwife, 
 " which have been, or hereafter fhall be 
 " made or entered into to cover, fupport or 
 " fecure and make good any Bargin, Sale, 
 " Confirmation, Releafe, FeofFment,. Leafe 
 " or other Conveyance, contrary to 2d. Ann. 
 " SefT r. Chap. 6. are void to the Purchafer 
 *' of any the faid Lands or Tenements in 
 " Truft for, or for the Benefit of any Papift, 
 " as Jikewife to any fuch Papift, his Heirs 
 " and Afligns, and All fuch Lands, sfr. fo 
 " conveyed or leafed, or to be conveyed or 
 " leafed to any Papift, or to the Ufe of, or 
 " in Truft for any Papift, contrary to the 
 " faid A&; and all fuch collateral Securkies 
 " as are or fhall Be made or entered into, to 
 " cover, fupport, fecure or make good the 
 u fame, may be fued for, by any Proteftant, 
 :t by his proper Action, real, perfonal or 
 " mixt, founded on this Aft, in any of her 
 P " Majefty's 
 
 i
 
 Majefty's Courts of Law or Equity, if the 
 Nature of the Cafe (hall require it, and 
 the Plaintiff or Demandant in fuch Suit, 
 upon Proof that fuch Purchafe or Leafe 
 was made in Truft for any Papift or un- 
 der any Confidence to or for any Papift, or 
 lor hisBenefit, by receiving the Rents, IfTues 
 or Profits therof, or otherwife, (hall ob- 
 tain a Verdict and Judgment, or Decree 
 <c thereupon, and (hall recover the fame, and 
 '' have Execution, to be put into the Seizin 
 " and Poffeflion thereof to hold and enjoy 
 " fuch Lands, &c. according to the Eftate, 
 " Ufe, Truft, Intereft or Confidence which 
 " fuch Papift had or mould have had there- 
 " in, had he been qualified to purchafe or 
 " enjoy the fame, fubject to all fuch Rents, 
 " Covenants, Conditions, and Refervations, 
 " and all Incumbrances and Portions what- 
 " foever, as the fame would have been fub- 
 " ject to in the Hands of fuch Papift, or in- 
 " the Hands of fuch Perfon to whom the 
 " fame were fold, or leafed in Truft for fuch 
 " Papift, or to his Ufe or Benefit, and (hall 
 " alfo have the full Benefit of all fuch col- 
 " lateral Securities as"the Party to whom the 
 " fame are or (hall be made, might have 
 "had. 
 
 " No Papift who is or (hall be permitted 
 " to follow any Trade, Craft or Myftery 
 < (except the hempen or flaxen Manufacture) 
 " (hall hereafter take or keep more than two 
 " Apprentices at a Time, and that for no 
 
 " lefs
 
 " lefs a Term of Apprenticeship than ieven 
 " Years , any Papift that fhall offend there- 
 " in by keeping more than two Apprentices, 
 " or by taking or keeping Apprentices for a 
 " lefs Term than feven Years, fhall forfeit 
 " ioo/. for every fuch Offence, to be reco- 
 " vered by any Perfon who mall fue for the 
 " fame." 
 
 AS THESE, my Lords, are, principally, 
 the Statutes that ferve, as I conceive, to 
 weaken the Hands of Government, to en- 
 danger and impoverim Iri/h Proteftants, and 
 to obftrucl: both the manual and landed In- 
 terefts of Ireland, I (hall pafs over, for the 
 prefent, the many other penal and prohibit- 
 4 ing Laws which if put in Execution, would 
 not furTer a fingle Papift to breathe, beyond 
 the Barrs of a Jail, in Ireland. 
 
 But though thofe Laws are ftill in Force, 
 it is long fince they have been in Adlion; 
 they hang, like a Sword by a Thread, over 
 the Heads of thofe People, and Papifts walk 
 under it, in Security and Peace; for, who- 
 ever mould adventure, to cut this Thread 
 would become ignominious and deteftable in 
 the Land. 
 
 Wherefore, without awaking fuch Laws 
 as have long flept, let us return to the 
 Laws already recited, to the Laws that deep 
 not, and confider their Confequences, firft 
 with refpeft to Roman Catholics apart, and 
 fecondly with Refpedt to Government, to 
 Proteftants, and to the National Intereft. 
 
 P 2 From
 
 ( 17* ) 
 
 From the faid recited Statutes it is evident, 
 that Irifh Roman-Catholics are precluded from 
 profitable or durable Tenures in any Lands, 
 or affecting or refpecting any Lands, Tene- 
 ments, or Hereditaments in that Kingdom. 
 
 Further, that all fuch prohibited Tenures, 
 Interefts, Ufes and Truils are <li (cover able, 
 and may be filed for, recovered, ' and poflefled 
 by Proteftants, without any Kind of Equi- 
 valent, Reimburfement, or Confideration 
 whatfoever, for the Same. 
 
 Further, that Info Papifls are perfonally 
 incapacitated from ferving the Government, 
 or themfelves, by any Truft or Office, whe- 
 ther civil or military, under his Majefty. 
 
 And further, that, in their feveral Occu- 
 pations of perfonal Craft and Man-ufaclure, 
 they are confiderably crampt, by being pro- 
 hibited from inflrucling and employing any 
 confiderable Number of Hands. 
 
 That, confequently, Iri/b Papifts are whol- 
 ly difcouraged and in a great JN/feafure inca- 
 pacitated from earning a SubfiftaHce, by 
 manual Occupation, or the Culture of Land, 
 -and, confequently, from doing any real -or 
 perfonal Service, to their Families, to the 
 Government, or to the 'Country in which 
 they live. 
 
 That, fhculd they be able however, '-by 
 Means of fuch limited Induftry, to acquire 
 a Sum of Money, they are debarred from 
 realizing or affu^ig die fame, and even from 
 defending it againft Robbers, for Want of 
 
 Arms ;
 
 Arms : And that, cofidering the many Ufes, 
 both real and perfonal, from which Papifls 
 are precluded, it may be difficult to fay of 
 what Ufe they are in Ireland. 
 
 NOW, my Lords, where fo numerous a 
 People, all Natives of the Country and ame- 
 nable to the Government under which they 
 live, are difcouraged, and difabled by thofe 
 Laws, to which alone they can took for 
 Countenance or Protection; we mud, in 
 Reafon, fuppofe that this partial Hardfhip 
 was appointed and permitted, with a View 
 to fome very extenfive Advantage; agree- 
 able to the MAXIM, that a particular Inju- 
 ry is, rather, to be fuffered than a general Incon- 
 venience. And I would gladly learn, from 
 Mr. Serjeant, what thofe great and extenfive 
 Advantages are, of which thofe Laws have 
 been, or were propofed to be productive. 
 
 Serjeant Statute. 
 
 MANY, my Lords, and very great, ar.d 
 very extenfive, have been the Advantages, 
 that were propofed to accrue, and that have 
 actually accrued, and that {till continue to 
 accrue to Ireland, from the Acts efpeciall'y, 
 called the Popery Acts. Firft, with refpect 
 to the Religion there eftablifhed by Law. 
 Secondly with refpect to the Safety of the 
 State. And, thirdly, with Refpect to the 
 Intereil of Irifb Proteftants who ought to be 
 P 3 confidered,.
 
 confidered, however few in Number,, as the 
 true and conftituent Body of the Nation. 
 
 At the Time of enacting the faid difabling 
 Statutes, we will fuppofe that four fifths of 
 the Inhabitants of Ireland, were DiiTenters 
 from the Religion eftabliflied by Law, and 
 that three of the faid four Fifths were Ro- 
 man-Catholics. 
 
 This, the Governors of Ireland, with the 
 Reprefentatives of the Nation then in Parli- 
 ament affembled, confidered as a very difa- 
 greeable Circumftance. The Reclaiming of 
 fo confiderable a Portion of the People from 
 their religious Errors and Prejudices, to a 
 Uniformity of Principles in Church and State, 
 became a moft defirable Object of Attention. 
 They were fenfible that fo great a Reforma- 
 tion could not fuddenly be effected. They, 
 however reflected, with Horror, on the ma- 
 ny outrageous Wars, Devaftations, and civil 
 Feuds that had been nearly perpetuated, from 
 the Reign of the laft Harry to that Day, by 
 the mere Means cf Difference in religious 
 Opinion. They were fludious of fuch Ex- 
 pedients as mould prevent the Poflibility of 
 the Return of the like Evils. And though 
 they were confcicus that fo great a Work could 
 not prefently be accompliflied, they generouf- 
 ly wifhed to procure thofe Advantages, for 
 Pofterity, which they could not hope to fee 
 attained in their own Days. 
 
 It is, alfo, obvious to prefume that They 
 were Perlons of uncommon Piety. They 
 
 preferred
 
 ( '75 ) 
 
 preferred the Interefts and Advancement of 
 true Religion, though diftant, to temporal 
 Concerns, which they knew, to be near, but 
 held to .be lefs important. They conceived 
 that, even, the temporal Intereft of their 
 Poflerity would finally, be better accompiifh- 
 ed by a general Conformity of fpritual Opi- 
 nions. And they therefore propofed, by ade- 
 quate Expedients, to gather the Irtfb Flock 
 into one Pale, whereby they might at length 
 become a happy People, united in Principle, 
 Litereft, Profperity and Power. 
 
 For this great and beneficent Purpofe they 
 judicioufly laid hold of the two principal 
 Springs of all human Actions, Pkafure and 
 t Pain, or Interejl and Damage. On the one 
 Hand, they allured Roman Catholics into the 
 Pale of the Proteftant Church, by an Offer 
 of a free and equal Participation of all Bene- 
 fits and Advantages arifing in the State;, 
 and, on the other Hand, they deterred them 
 from continuing in the Pale of the Popifh 
 Church, by Difcouragements, ; Difabilities, 
 Forfeitures and Penalties. That, by a Sort 
 of kind Conflraint, they might impel an in- 
 fatuated People to Happinefs; and pufh 
 Them into the Profeffion and Pradife of a 
 Religion, which Reafon and future Reflecti- 
 on could not fail to approve. 
 
 Having, already, fhewn the very impor- 
 tant Benefits that are derived, from the laid 
 Laws, to the Proteftant Church; I now, pro- 
 ceed to fet forth the further Advantages that 
 
 are,
 
 are, thereby, derived to the Proteftant State 
 of Ireland. 
 
 Mr. Clodwortby Common-Senfe. 
 
 Mr. Serjeant, we beg your Patience, a- 
 while. You have fo clearly and fatisfacliori- 
 ly, demonflrated the Advancement that true 
 Religion mufl make, by Means of the faid 
 Laws, efpecially called the Popery Laws, that 
 \ve deem them of fufficient Value to thefe 
 Kingdoms, without any further Advantage 
 attained, or propofed to be attained there- 
 by. We, therefore, think it unnecerTary for 
 you to proceed, till Mr. Candmir has anfwer- 
 ed to this Part of your Pleading, if he hap- 
 pens to be furnilhed with any Matter, or 
 any Appearance of Matter, for that Purpofe. 
 
 Counfdlor Candour. . 
 
 My Lords the Jadges, and Gentlemen of 
 the Jury. I am not, perhaps, fufficiently 
 prepared for anfwering to this Part of Mr. 
 Serjeant's Argument. Indeed I, originally, 
 made no Manner of Objection to the faid 
 Laws, with refpect to their advancing or re- 
 tarding true Religion. I merely, and exprefs- 
 ly, excepted to them, as I apprehended their 
 Confequenees injurious to Government, dan- 
 gerous and detrimental to Irijb Proteflants, 
 and repugnant to the general Interests of my 
 Country. 
 
 I. how-
 
 - I, however, imagine that I am furnifhed 
 with fomewhat more, than .the Appearance 
 of Matter, for fhewing, that the fpiritual 
 and religious Advantages, fupcofed to be 
 procured by the faid Laws, are not fo well 
 afTured, fo mighty, or fo extenlive, as their 
 Advocate has' fet forth, or as the wor- 
 thy Gentlemen of the Jury feem inclined to 
 believe. 
 
 If the Government and Legiflature of thofe 
 Days did ferioufly intend, by the faid Laws, 
 to promote and extend the Proteflant 
 Church; how comes it to pafs that the 
 Means were merely Civil ^ whole Influence 
 they made Ufe of in Matters of Religion? 
 why did they appoint the temporal Weapon, 
 alone, for the Cutting away of fpiritual Pre- 
 judices? 
 
 Had our Anceflors fincerely and pioufly pro- 
 pofed the Converfion of Difleaters to their own 
 Communion, it would furely have been by 
 /hewing, to the World, the fuperior Rectitude 
 and Purity of the Church eftablifhed, by 
 Law,;, in thefe Kingdoms. To that great 
 find, they would h'ave enacted and pubHfhed 
 Ijaws, for difcount'enancing, and chaftifmg, 
 all Kinds of Vice, Irreligion, and Lewdnefs; 
 efpecially among the Members of their own 
 Sect ^ neither would they have exempted 
 "Wealth, Title, or Station, from the Shame 
 and Pveproach that ought, legally, to be af- 
 fixed 0:1 the Tran'fgrefibrs of .the Laws of 
 their God and the Land. They would have 
 
 projected
 
 ( i7 ) 
 
 projected a Regulation, and further Provifi- 
 on, of Academies, Schools, and Seminaries, 
 for Inftr action and Education, throughout 
 the Land; where the inculcating of Morale 
 ty, and the Duties enjoyned by Chrift, might 
 be held, at lead, equivalent to the Know- 
 ledge of the dead Languages, and of the 
 W r horedoms and Debaucheries of the Hea- 
 then Gods. Ey fuch an early Provifion for 
 the future Moral?:, Virtue, and Conduct of 
 Proteftants, each Member would have flood, 
 as it were, at the Door of his Church, and 
 have attracted all others to approach and to 
 enter; our Religion" would have been juftly, 
 and inwardly, honoured, even by thofe who 
 determined to be obflinate in Error ; and our 
 State would have received the happy En- 
 creafe, in a perpetual SuccefTion of good 
 Countrymen, fair Traders, loyal Subjects, 
 fearlefs Soldiers, and honeft Men. 
 
 Indeed, the comparative Rectitude of any 
 one Religion, in Preference to another, can 
 no otherways be manifefted than by prefer- 
 able Rectitude in the Practice of its Pro- 
 fefTbrs. The Word of God, himfelf, mtift 
 remain a dead Letter till enlivened by Ob- 
 fervancei and the divined Precepts of our di- 
 vine Legiflator, cannot mine, fave by Re- 
 flection from the Subftance of good Works. 
 Ought the Members of any one Communion 
 to hope, that the Members of another will 
 enter their Pale, while they think they can 
 mew as good Men, and as good Chriftians, 
 
 within
 
 ( '79 ) 
 
 within the Circle of their own? If we dray 
 from the Road of a good Life, is it Reafon- 
 able to expect that others will follow, mere- 
 ly becaufe we have the Chart of the right 
 Way in our Pockets? 
 
 Now, my Lords, Mr. Serjeant has been 
 pleafed to affirm, and the Gentlemen of the 
 Jury have been pleafed to conceive, that the 
 laid Popery Laws were happily and fuccefs- 
 fully enacted for the Advancement of true 
 Religion; and, if this is the Cafe they 
 muft, necefTarily have advanced the faid true 
 Religion, by contributing to the Piety of 
 Thofe, already, within our Pale; or, by the 
 Introduction of Men of Piety and Integrity 
 into it. 
 
 But, my Lords, in the firfl Cafe, it can- 
 not be pretended that Laws, merely, appoint- 
 ed to alure or punifh thofe, who are with- 
 out our Pale, can have any worthy Influence 
 on the Morals, or Chriftian Principles, of 
 Thofe who are within. 
 
 In the fecond Cafe, then, I demand, who 
 are they, among the Papifts, of whom thefe 
 Laws are likelieft to make Converts and Pro- 
 felites? Is it they who, agreeable to the In- 
 junctions of CHRIST, are ready to facri- 
 fice all worldly Interefts to the Dictates of 
 Confcience and Duty toward their God? No, 
 my Lords, no. The very Reverfe. The 
 faid Laws can be fuppofed to Influence thofe 
 alone, who are ready to facrifice, to their 
 worldly Interefts the Dictates of Confci- 
 ence
 
 ( i8o ) 
 
 cace and Duty toward their God. And, in- 
 deed, I wonder bow a fingle Papift-Reprobate 
 fhould continue out of the Proteftant Pale, in 
 Ireland: confidering the many temporal Ad- 
 vantages they might derive from a verbal Re- 
 cantation of their fpiritual Errors. 
 
 In all Countries, where there is any Sort 
 of Gonne&ion between Religion and Civil 
 Government, the Church which, there, hap- 
 pens to be eftablifhed by the State will be 
 productive, to its Votaries, of many tempo- 
 ral Advantages which Schifmatics and Dif- 
 fenters ought not to look for. And it is 
 therefore that, generally fpeaking, in all 
 Countries the People who are, really, of no 
 Religion, are, profclTedly, of the Religion 
 that is countenanced by the Government. 
 
 Hence it happens that there is a greater 
 Appearance of Piety and Zeal among all dif- 
 fenting Sects, than among the Members of 
 any national Church. But, where, additio- 
 nal to the general Benefits that fuch Mem- 
 bers enjoy, particular Rewards are offered to 
 Conformiils, and particular Penalties de- 
 nounced againftRecufants-, we ought to fup- 
 pofe, that nd Perfon will decline fuch tem- 
 poral Advantages, or chufe to undergo fuch 
 temporal Sufferings, except for the Sake of 
 Confeence, alone. And, what will be the 
 Confqeuence? Why, the Confequence will 
 be, that all the Flagitious and Profligate, all 
 Perfons who are loft to the Senfe of God and 
 Futurity, and who defcrve exemlapry Pu- 
 
 nifhment,
 
 nilhment, will meet with Reward; and that 
 the full and entire Weight, of fuch Difad- 
 vantages and Sufferings, will fall upon thofe 
 whom nothing, but a Senfe of fpiritual Duty 
 could tempt to a Change of fpiritual ProfelTi- 
 on ; and who (however erroneous in Matters 
 of Opinion) at leaft retain the Merit of their 
 Integrity and Virtue. 
 
 Indeed, as Matter? of Civil Influence are 
 altogether foreign, and oppofite in their Na- 
 ture, to Matters of religious Perfuafion; it 
 is remarkable that all Churches have thriven 
 better, under the Winter of Oppreflion and 
 Perfecution, than under the hotteft Summer 
 of temporal Indulgence. Faith, whether 
 * orthodox or erroneous, is as the Cloak, in 
 the Fable, which every Man wraps the clofer 
 about him, in Proportion as he is attacked by 
 the Severity of the W r eather. It is the Light 
 of Reafon and the Warmth of Favour, alone, 
 that can prevail upon him to relax or cafl it 
 afide. 
 
 Is any Man the Mailer of his own Faith ? 
 can he bid himfelf to be of this or of 'tother 
 Perfuafion ? He cannot, my Lords ; he can- 
 not compel himfelf to believe this W T ay or 
 that, much lefs can he be compelled by any 
 outward Force. Mental Faculties are fubjecl: 
 to mental Powers, alone-, material Inflruments 
 may, more ealily, lay hold upon Air ; Opi- 
 nion and Prejudice cannot be influenced, or 
 convinced, or reformed, fave by Reafon or 
 ;the Letting in of Truth upon the Soul. 
 Q Temporal
 
 Temporal Pleafures, and temporal Pains may 
 terrify, or allure Hypocrites, to the Utter- 
 ance of ProfefTions that bely their Heart j 
 but, furely, no Rewards ought to be kept 
 in Store for fuch fpiritual Proftitution; nei- 
 ther Punifhrnents, for the Retainers of Con- 
 icience and Intergrity. No Road can be right 
 to the Wretch who takes it againft Convic- 
 tion, and Heaven will find a Home for him 
 who errs in his Honefty. 
 
 But further, my Lords. While all other 
 Differi ters, on their taking the Legal Ted and 
 attending our public Worfhip, are account- 
 ed fufficient Members of the Proteftant 
 Church, and are accordingly admitted to all 
 the Benefits of the State ; to Papifls, alone, 
 the Entrance is made narrow, and difficult, 
 and dilhonourablej and, at the fame Time, 
 that we bribe them to Conformity, and pu- 
 nifti them for Recufancy, we lay a Gulph be- 
 fore them, which None but the Adventurous, 
 will dare to pafs. 
 
 By this Gulph, my Lords, I mean that 
 Form of Recantation, which every PapilV 
 mud repeat, in the Face of God, and of 
 the Congregation, if He, or She propofes 
 to be legally reputed a Member of our 
 Church and, thereby, to take Hold of the 
 Advantages of our State. 
 
 Now, in this Form of Recantation, They 
 arcobliged, exprefsly and publickly, to avow 
 that they are convinced, by the Bleffing of 
 God, of the many Errors and Abufes in the 
 
 Doctrine
 
 Doftrine and Practice of the Church of Rome. 
 That they believe theDoftrine, of Purgatory, 
 Pardons, Adoration of Images and Relicks, and 
 Invocation of Saints and Angels, to be repug- 
 nant to the Word of God. That public 
 Prayers and the Miniftring the Sacraments, 
 in a Tongue not underftood by tbe People, is con- 
 trary to Scripture. That fcanfubftanli&tton 
 overthrows the Nature of a Sacrament. That 
 the Adoration of tbe confecrated Elements is 
 idolatrous. That the holy Scriptures contain 
 all Things necefiary to Salvation. And that 
 the Bifliop or Pope of Rome hath no Supre- 
 macy, or ecclefiaftical Authority, given him, 
 by Cbrift, over the Catholic Church. 
 
 My Lords. In thefe many Articles which 
 every Convert, from the Popifh Religion, is 
 obliged to aver, before God and the World, 
 that he hath thoroughly difcufTed, and abfo- 
 lutely renounced ; in thefe Articles, I fay, are 
 contained aimoft the whole abftrufe and fub- 
 tile Region of Polemic Divinity; over whofe 
 Traces Few have travelled, and whofe 
 Boundaries Fewer have found. The Battle 
 is fought, to this Day, on the narrow Ridge 
 of Diftinclion, between Reverence and Wor- 
 fbip, Invocation and Adoration, between the 
 real and fymbolical, the fpritual and corporeal 
 Prefence of Cbrift in the Sacrament, ff. &?r. 
 But, my Lords, if thefe are Matters of Con - 
 troverfy among Men who are grown grey 
 amidft Letters and Erudition; are they, al- 
 fo, to become indifpen fable Matters of Sci- 
 0^2 ence
 
 ence to the Ignorant and unlettered, to the 
 Yeoman, the Clown, the Cottier, the Day- 
 Labourer? to Wretches who, neither by 
 Education nor Nature, are capacitated for 
 the Inveftigation, or Idea, of fuch Subtileties? 
 If they are, my Lords, we may, perempto- 
 rily, pronounce, that Ninety-nine, in the 
 Hundred, of all Irijb Papifls, are legally ex- 
 cluded from conforming to our Church'; are 
 excluded, I fay, by thofe very Laws, which 
 were^ ib happily framed (as hath been ob- 
 ferved) for advancing and extending the 
 Proteftant Religion. 
 
 My Lords, I believe, that no Man, here, 
 is infenfible of the Difficulty of erafing the 
 Imprellions of Infancy, when traced and 
 deepened by the conformable Impreffions of 
 Education. Prejudices, in Favour of old 
 Friendfliips, old Connections, old Attach- 
 ments, and old Perfuafions, are not fudden- 
 ly, or without Pain, to be rooted up. I have 
 heard it affirmed that the faid Laws were, 
 never, the Inflrument, or Means, of intro- 
 ducing a fmgle fmcere Convert into the Pro- 
 teflant Church. It is certain, that no Papift 
 ever repeated the faid Form of Recantation, 
 for whofe Converfion fbme Motive might 
 not be affigned, independant of the mere 
 Dictates of Confcience and Duty. And I 
 appeal to Mr. Serjeant, for his Opinion on 
 this Head, not as an Advocate, but, as a 
 Man of Integrity. 
 
 Serjeant
 
 ( 1 85 ) 
 
 Serjeant Statute. 
 
 Mr. Candour, I muft tell you that your 
 Appeal is ungenerous; it (hall, however, be 
 generouily and ingenuoufly anfwered. 
 
 In Truth, you have fet this Affair in a 
 very new and extraordinary Light, and have 
 arranged your Arguments with a Force and 
 Manner, that I was not aware of, and of 
 which I did not think your Matter capable. 
 I fhall, therefore, only obferve that, though 
 our Catholic-Converts, under fuch Conditi- 
 ons, may not, at firft, .be the fincere and 
 zealous Proteftants we could wifh them, 
 This, however, is a Fault which mufl daily, 
 diminifh ; we can have nothing to fear from 
 Education, or Prejudice, in their Children, 
 their Grand-Children, and fo onward; and 
 thus we (hall continue to receive the grow- 
 ing Benefit of the faid Laws to the lateft, 
 Pofterity, 
 
 Counfelkr Candour. 
 
 But,, pray you now, Mr. Serjeant. Ifthofe 
 Laws had opened a wider and lefs difgrace- 
 ful Way, for the Entrance of Popi(h Pro- 
 felytes into our Pale, do you think that their 
 Number would have been lefs? Would not 
 the Number of their Children and Grand- 
 Children have been greater; and would not. 
 he Benefit of fuch Laws have been, confe-
 
 ( 1 86 ) 
 
 quenily, extended and muhiplied to ourPof- 
 terity? you know it, Mr. Serjeant. 
 
 In Fadl:, my Lords, many Thoufands of 
 Popifh Converts have entered our Pale, fince 
 the firfl Enacting of the faid Laws. But, of 
 thofe many Thoufands, not One in a Hun- 
 dred, hath entered by the ftrait Door of the 
 faid fufpecled and public Recantation. They 
 have entered by the Way of our Fleets, of 
 our Armies, and, in much greater Numbers, 
 by the Way of domeftic Service in Proteft- 
 ant Families. They have entered zealous 
 Papifls, with all their Prejudices about themj 
 but, by repeated Obfervation, and by occa- 
 fionally conforming to private or public 
 Worfliip, They begin to perceive that there 
 is not that Bugbear, in the Morals or Reli- 
 gion of Proteftants, which they were taught 
 to believe. Their Antipathies wear away:, 
 in Time they begin to approve, and, at laft, 
 to prefer. 
 
 But, my Lords, the late happy Inflitution 
 of Charter-Schools, in Ireland, hath availed, 
 above all Laws, above all Schemes and Con- 
 trivances, for the timely Converting of Popifh 
 Infants into pious Chriftians, fincere Proteft- 
 ants, faithful Subjects, and ufeful Country- 
 men. I have feen many Proofs of the lauda- 
 ble Manner, in which thofe Children of the 
 State have been hitherto educated. Nei- 
 ther do I think that the World can afford 
 equal Seminaries, for giving Infants an early 
 Impreflion of true Religion, for inftructing 
 
 them
 
 them in all moral and practical Duties and 
 for -preparing them, by various Branches of 
 Induftry, to be profperous and beneficent 
 Members of the Commonwealth. 
 
 I am now, my Lords, quite impatient for 
 the Performance of Mr. Serjeant's Promife, 
 that he would proceed to fet forth the many 
 Advantages which are derived from the 
 Laws, called the Popery Laws, to the Pro- 
 teftant State of Ireland. I am, indeed, curi- 
 ous to learn what can be faid, on this Sub- 
 ject. For, though I have the higheft Opini- 
 on, of the Talents and Ingenuity of Mr. Ser- 
 jeant, I can form no Idea of the Mercury 
 which he is to hew out of fuch a Block. 
 
 \ 
 
 Serjeant Statute. 
 
 My Lords. When the faid Laws, called 
 the Popery Laws, were firft enacted-, the 
 Roman Catholics of Ireland were, proporti- 
 onably more numerous, and much more 
 powerful than they are, at prefent. The 
 firft Soldier of the World, though lately 
 followed by the braveft army upon Earth, 
 had found thefe People extremely formidable, 
 and difficult to be fubdued. By their Num- 
 bers, as well as Valour, and by their Con- 
 nection and Alliances, with their Popifh 
 Brethren of France, Spain, &c. They poffi- 
 bly, had been found, upon a fecond Trial, 
 fuperior to all that Irijb Proteflants, though 
 abetted by England, could bring againft 
 
 Them.
 
 ( x88 ) 
 
 Them. The Impreffion of the Force and 
 Enmity, of Irijb Papifls, was then recent 
 and ftrong in the Memory of Irijh Proteft> 
 ants, and they rightly meditated to fupprefs 
 a Power, by which they muft, otherwife, 
 look to be fupprefTed. 
 
 But, how was this to be done, my Lords ? 
 was it by utter Extirpation ? it might favour 
 of Inhumanity to exprefs my own Sentiments 
 or Wifhes on the Occafion. Had old Oliver 
 lived, but another Year, perhaps a fingle 
 Papift had not remained in Ireland. 
 
 When the dffyrians conquered the fen 
 Tribes of Ifrael; they did not maflacre, or 
 put them to the Sword, in cold Blood ; but, 
 they removed them to foreign Lands, where 
 their Name and Memorial is taken from 
 among Men to this Day. 
 
 The Spartans looked on all the World, as 
 Barbarians, whofe Dwellings were beyond 
 the Confines of Greece. Yet, when they 
 conquered the Helots, they condemned them 
 and their latefl Pofterity to a Sate of per- 
 petual Bondage; They made them as Oxen 
 to till the Ground, and as Beads of Burden, 
 to carry their Baggage. 
 
 Even the People of IfraeJ, the Elect of 
 God, though they had made a League of 
 Peace and Alliance with the Gibecnites, and 
 had bound themfelves, by Oath, to the Ob- 
 fervance thereof, yet, thought themfelves 
 fufficiently humane and compaflionate, when 
 they permitted thofe very Gibeonites. to live in 
 
 the
 
 the Land, though under the flavifli Terms 
 of being Hewers of Wood, and Drawers of 
 ffiater, for ever. 
 
 But, my Lords, of all the Conquerors, 
 that ever were, our Chriftian Anceftors, who 
 enadtad the faid Laws were, furely, the mod 
 merciful and the mod beneficent, k was 
 incumbent to do ibmething in Prudence ; 
 but they did nothing, in Malice. They 
 found thefe People, in Eighty-Eight, as their 
 Fathers had been, in Forty-one, confederated 
 for the Re-eftablifhment of the Popifh Su- 
 perftition, and for the Reiteration of their 
 pretended Rights to that Ifland, whereof the 
 Englijb had made a Conqueft, above four 
 hundred Years before, and had continued the 
 Seizin to that Day. In fhort, our Proteft- 
 ant Anceftors law no End to the Turbu- 
 lence, and irreconcileable Animofity," of thefe 
 inveterate Papifts; and had they been per- 
 mitted to retain the Powers and Privileges, 
 with, which they had, hitherto, been fo in- 
 judicioufly entrufted, no End could have been 
 found to their Enmity and Infurrections, fave 
 in the utter Extirpation of all Irifh Proteftants. 
 Our gracious Anceftors, however, pur- 
 pofed Nothing, againft thefe their ancient 
 and implacable Enemies, fave what was ne- 
 ceflary and indifpenfable, with refpect to 
 their own Prefervation. They, even, pro- 
 ceeded calmly, and with fucceffive Delibe- 
 rations, in this neceflary Bufmefs. They 
 firft difarmed them ; they, next, fet a Watch 
 
 over
 
 over their Virulence, and Motions. They 
 further reflected, that thefe hoftile Papifts 
 continued formidable, by their Numbers, 
 by their Wealth, and extenfive PoiTefTions. 
 They were loth to deprive them of their pse- 
 fent Properties; but they deemed it neceffa- 
 ry to prevent their further Acceffion of Power, 
 by any further Acceffion of durable Property 
 in the Land. And I prefame, that Mr. 
 Candour has little Caufe or Colour to wonder, 
 that a People mould not be readily, admit- 
 ed to the Communion of our Church, or the 
 Offices of our State, who, from Generation 
 to Generation, for above a Century paft, 
 had been the avowed Enemies of the One 
 and of the Other. 
 
 Mr. Candour. You lately appealed to me 
 for my Opinion as a Man of Integrity, and 
 not as an Advocate. I now call upon You, 
 in my Turn, Mr. Candour. And I alk you, 
 do you think that thefe fame Irijb Papifts 
 are to be depended upon with regard to 
 their Friendfhip for their Proteftant Brethren, 
 or with regard to their Attachment to our 
 illuilrious Houfe of Hanover? 
 
 Counfdhr Candour. 
 
 I will anfwer you as a Man of Honour, 
 
 I think they are not to be depended upon, - 
 But 
 
 Serjeant
 
 ( Ipl ) 
 
 Serjeant Statute. 
 
 Your Pardon, Mr. Candour, I have not yet 
 done. Our gracious Anceftors, I fay, in fram- 
 ing the faid Laws, did barely what was necef- 
 fary for Self-Prefervation , and took nothing 
 from this People, fave the Power of doing 
 Hurt. For had they been permitted to 
 purchafe, or acquire any durable Tenures 
 in Ireland, their Power muft have encreafed, 
 from Year to Year, and have been very ter- 
 rible at this Day. 
 
 But pray, my Lords, what have they to 
 complain of? They live, Tree, eafy, and hap- 
 y, under the bed and moft beneficient Go- 
 vernment upon Earth. It is not with them, 
 now, as it was before the Days of our moft 
 glorious Elizabeth, when they were treated 
 as perpetual Rebels and open Enemies to the 
 State. It is not with them, now, as it was 
 in the Days of their own darling Stuarts, of 
 James I. and Charles I. when they were fub- 
 jecled to weekly Fines for Non-Conformity: 
 and when whole Counties were taken from 
 them at a fmgle Sweep. They are foftered 
 by the Conflitution, they are protected by 
 the Laws. They are free to exercife, and 
 enrich themfelves, by any Craft or Occupa- 
 tion i they are permitted to trade and traffic 
 throughout the Land. If they go to Mar- 
 ket, they get Value for the Products of 
 their Art, or their Induftry; if they labour 
 
 for
 
 for Hire, they are paid their Wages ; and 
 their Perfons and their Properties are held as 
 facred, and inviolable, throughout the King- 
 dom, as the Perfon or Property of any Pro- 
 teftant, therein. 
 
 If they are not contented ; if nothing lefs 
 will fatisfy them than the Reins of Govern- 
 ment, or the Inheritance of die Land; if 
 they are grown fat, like Jefhurun, and begin 
 to kick in their Wantonnefs; why do they 
 not travel ? why do they not feek more 
 commodious Habitations ? This, as I am 
 told, is what they threaten to do ^ I would ' 
 to Heaven they would make their Menaces 
 good ; for I fhall rfever be free from Fear 
 and Anxiety for my Proteftant Brethren, in 
 that Kingdom, while they harbour, in their 
 Neighbourhood, in their Houfes, and in their 
 Bofoms, fuch dangerous and hateful Inmates. 
 
 Counfelkr Candour. 
 
 My Lords, Gentlemen of the Jury. I am 
 forry that Mr. Serjeant fhould feem fo diffi- 
 dent of the Weight of his own Argument, 
 as to think there is Occafion to fharpen it 
 with Acrimony. But, whence, I pray, is 
 his Antipathy to this poor People? They 
 never offended him, he is wholly a Stranger 
 to them. He is a Stranger, my Lords, and 
 therefore conceives his Averfion ; had he 
 known them his Bitternefs and Acrimony 
 woud have fubfided, and Afreduon would 
 
 take
 
 take the Place of Malice, in his Breaft ; for 
 I am fenfible that Mr Serjeant has the Vir- 
 tues of Humanity. 
 
 Eating Error, in religious Opinion, which 
 is to themfelves alone, the Roman-Catholics 
 of Ireland, are the mod kindly, moft friend- 
 ly, moft companion ate, and moft generous, 
 of any People, perhaps, this Day in the Uni- 
 verie. Hofpitality is their Characteriftic, to 
 a Degree that is ridiculed by the Penurious 
 and Narrow-hearted-, and they have more 
 Affection for their Goflips, and Attachment 
 to their Fofterers, than you Englishmen have 
 to the Brothers of your Blood. 
 
 I confefs that I wifh them reclaimed. They 
 are, now happily in the Way of being re- 
 claimed, my Lords ; but, I do not wifh them 
 banifhed, becaufe I know not where we 
 could get a People, fo peaceful and amen-e- 
 able in their Conduct towards Government, 
 fo humble and obfervant of the Injunctions 
 of their Mafters, or fo focial and affectionate 
 to their Proteftant Neighbours, as the Ro- 
 man-Catholics of Ireland. 
 
 Mr. Serjeant fays, in the Heat and Incon- 
 fideratenefs of Prejudice, that he would to 
 Heaven They might all feek more commo- 
 dious Habitations. But, my Lords, when 
 he breathed forth the (aid charitable Ejacu- 
 lation, he had not confulted with his Pro- 
 teftant Brethren, of Ireland, for whom alone 
 he appears to be anxious and alarmed. 
 Wafte and poor as that Ifland is, in its pre- 
 R fent
 
 ( 1 94 ) 
 
 fent Condition, if the Popifh Natives, there- 
 of, were to quit the Land, to whom fhould 
 it look for Service or Labour? Seed-Time 
 and Harvefl would equally fail, throughout ; 
 and though the faid Popery Laws have great- 
 Jy difcouraged and abridged the Produces of 
 the Art and Induflry of Papifls, yet the 
 Want of what they produce, in Return for 
 their daily and neceflary Bread, would bank- 
 rupt and beggar that Country, in a fingle 
 Seafon. 
 
 Mr. Serjeant, Gentlemen, intimates that 
 thefe People are grown fat, and like Jcfbu- 
 ;, kick in their Wantonnefs. Bur, they 
 are not fat, my Lords, they are lean 
 and broken-hearted, even as a Steer who 
 lies abroad, upon the windy Heath, with- 
 out Covering or Forage throughout a long 
 Winter. Four Fifths of Irifh Papifls tafle 
 not Bread, but as a Dainty. Their Habi- 
 tation is no other than that of a few Sods 
 reared, One upon the Other, in the Space 
 of a few Hours; and happy is that Family 
 who has the Milk of a fingle Cow to kitchen 
 a frugal Parcel of fodden Potatoes. 
 
 Mr. Serjeant, alfo, intimates that thefe 
 People are ambitious, and afpire at Govern- 
 ment and the Inheritance of the Land; but 
 they are too poor to be proud, and too much 
 prefTed to be afpiring. They are indeeed, 
 the moft humble and moft dejected of all 
 the Race of Man. They look not for Rule, 
 neither for extenfive PoiTelTions ; They bare-
 
 C i95 ) 
 
 ly petition that their Proteftant Brethren 
 would open to them an Opportunity for bet- 
 ter Service ; and that the Government \vould 
 accept a fure Pledge of their Fealty, by ad- 
 mitting them to make Depofits of the Pro* 
 duel of their Labour. 
 
 Serjeant Statute. 
 
 I beg Pardon, Mr. Candour, I cannot help 
 interrupting You. I am truely affected by 
 what you have faid of this People! GOD 
 forbid that I fhould wilh to break a Reed, 
 already bruifed , or defire to exafperate 
 Power, againfl a Set of unhappy Men, who 
 , are already under the Difpleafure and De- 
 prefiion of the Law! If you can make it 
 out that they are aggrieved by the faid Acts, 
 'fpecially entitled the Popery Ads, beyond 
 what was neceflary for the Prefervation of 
 Proteftants, I will attend to you, without 
 Prejudice, I mall hear you with Pleafure; 
 and I will be the firft to folicit a Repeal or 
 Mitigation of the faid Severities. 
 
 Counfellor Candour. 
 
 I thank you, Sir, I thank you, for myfelf 
 and for my Clients. But, I am, from hence- 
 forth, no longer their Advocate ; I care not 
 what becomes of them. I have greater and 
 worthier Objects in View ; even the Interefts 
 of my glorious and gracious Sovereign 
 R 2 GEORGE
 
 ( 196 ) 
 
 GEORGE III. The Intereft and Security 
 of his Government in Ireland. The Intereft 
 and Security of my Proteftant Brothers in 
 that Kingdom. And the future Weal and 
 Profperity of my beloved native Country, 
 All of whom, as I conceive, are aggrieved 
 by the faid Laws, even more than thofe very 
 Papifts, againfl whom they were enacted. 
 
 Mr. Serjeant, my Lords, lately wifhed 
 that this deprefled and wretched People 
 would tranfport themfelves to fome foreign 
 and diftant Land. I do not mention this, to 
 upbraid Mr. Serjeant, who has exprefled him- 
 felf with that Humanity which I always 
 thought his Character : But 1 mention it to 
 fliew the Damage and Danger of fuch aa 
 Event, in a Light ftill more glaring than r 
 hitherto, I have done. In Ireland there are 
 three Sorts of People or Powers, That of 
 the Proteftants, That of the Puritans,, and: 
 That of the Papifts ; and each of them,, with- 
 in, the laft Century, in Turns aflumed the 
 Seat of Government. The Proteftants are 
 thought to be the feweft in Number, but the 
 Puritans and Papifts, in Matters of Civil Po- 
 licy as well as Principles of Religion, are ex- 
 tremely oppofite, and are held in Abomina- 
 tion by Each-other. 
 
 Both Puritans and Papifts can well brook 
 the temperate Lordftiip and Regency of Pro- 
 teftants, but neither of them would brook 
 the Lordftiip of the Other. 
 
 Thus
 
 ( 197 ) 
 
 Thus the Regency of Proteftants is as a 
 middle Link, that holds and conciliates the 
 Puritans and Papifls on either Side. Should 
 One of thofe Powers attempt to difturb the 
 Peace of Government, or to feize the Rein, 
 the Other would certainly join to weft It 
 from their Hands-, and thus Puritans and 
 Papifls, from their Averfion to Each-other, 
 become as two Pillars that fupport and af- 
 fure the mediate Reign of Proteftants and the 
 Weal of the Nation. Did either of them 
 quit the Land the the two remaining Powers 
 would be left to unavoidable Difcord and 
 Contention. Neither can a Man form a more- 
 unfriendly Wifh to Proteftants than the BK- 
 nifhment of Papifts from the Kingdom of 
 Ireland. 
 
 My Lords, Mr. Serjeant afked me, fome 
 Time ago, upon the Word of a Man of In- 
 tegrity, If I thought that Irifb Papifts were 
 to be depened upon, with regard to their 
 Friendfhip for their Proteftant Brethren, or 
 with Regard to their Attachment to our il- 
 luftrious Houfe of Hanover? To this I an- 
 fwered, without Hefitation, that I thought 
 they were not to be depended upon. 
 
 May it not appear fomevvhat extraordina- 
 ry, that I, who have fo long and warmly 
 pleaded the Caufe of this People, fhoulcl pofs 
 fo precipitate and fevere a Cenfure againft 
 them ? Permit me to explain myfelf. Were 
 any People that ever breathed (lo circuro- 
 ftanced as thefe People are) to be depended 
 R 3 upon
 
 ( 198 ) 
 
 upon; I think that this very People might 
 be depended upon. 
 
 With your good Leave, Mr. Serjeant. Sup- 
 pofe yourfelf married to a faithful and loving. 
 Wife, who happened to be of a different 
 Religion, but who was, otherwife, connected 
 with you in every Article and Obligation 
 of Interefb and Affedtion. Suppofe that, up- 
 on fome Mifunderftanding or Quarrel, you 
 fhould take it into your Head, to fue out a 
 Divorce, and thereafter, to keep feparate Beds, 
 feparate Tables, feparate Houfes, and feparate 
 Interefts. Suppofe, even, that your Efleem 
 for this Woman ftill continued ; would you,, 
 yet, have the fame Dependence on her Af- 
 fection and Attachment to you, as when 
 your mutual Obligations remained in Force? 
 
 Serjeant Statute-; 
 
 li would not, Mr Candour, I fhould have 
 no Right, in fuch a Cafe, to have any kind 
 of Dependence upon her. 
 
 CouttfclJor Candour. 
 
 Trie Cafe,, my Lords, is nearer than mere- 
 ly parallel. The faid Eopery Laws, by dif- 
 arming this People, and placing a Guard over 
 their Conduct, tells them, with more than a 
 thoufand Tongues, that they are not depend- 
 ed upon. The faid Popery Laws, by rejecting 
 them from all civil and military Employment, 
 
 under
 
 ( 199 ) 
 
 under Government, tells them, with equal 
 Intelligibility, that they are more than fuf- 
 pected. The faid Popery Laws, by abridg- 
 ing the Number of Hands, employed in their 
 Manufactures, feem to intimate that we de- 
 fire not to participate of the Product of their 
 Labours. The faid Laws, by refufing them 
 any real Security for their Money, bids- 
 them, honourably and openly, to carry their 
 Hearts with their Treafures, elfewhere. And,., 
 the faid Laws, my Lords, by prohibiting this 
 People from any profitable or durable Te- 
 nure in the Lancl, pronounce the moft effec- 
 tual and durable of all Divorces ; They fay, 
 as Sarah faid to Abraham) fend \\\v&Hagar and 
 her Ijbmad far from me, for he mall not 
 partake of the Inheritance with Ifaac. 
 
 Had thefe People, the Affection and At- 
 tachment, to Us, of grapling Irons ; if We, 
 ourfelves, induftrioufly break and cut off e- 
 very Hold, by which they can. poflibly be 
 connected ; They muft, in Confequence, of 
 Neceffity they rnuft fall away. 
 
 But, as I faid, my Lords, it is not the 
 Gaufe of Roman Catholics that I would plead. 
 It is the Caufc of my gracious Sovereign, of 
 his beneficent Government, of my Proteftant 
 Brethren, and* my native Country of Ireland. 
 
 It has been the Policy of all Countries, 
 that have any Policy at all, to fence and 
 ftrengthen the reigning Powers, as much as 
 poffible, by the Affections and Powers of all 
 the People over whom they rule. 
 
 When
 
 ( 200 ) 
 
 When it is the Intereft of all the People, 
 of any Kingdom, to fupport the Throne ; 
 that Kingdom is in the ftrongeft State that 
 the Nature of Things will admit of. But 
 in Proportion as any Part or Number, of the 
 People, have nothing to fear, or femething 
 to hope from a Revolution, or Change of 
 Government, that Kingdom is in a State of 
 great Danger and Weaknefs, forasmuch as 
 the very People, whofe Hands and AfTedi- 
 ons ought to be the Support of Government, 
 are grown cold and liftlefs towards it, or, 
 perhaps, divided againft it. 
 
 Such a confiderable Dedudion, from the 
 natural Strength of a Kingdom, muft pro- 
 portionably enfeeble and debilitate the State ; 
 but, mould fuch a Dedudion, further, con- 
 ceive itfelf to be interefled in oppofing or 
 overthrowing fuch a State, the Cafe becomes 
 extremely perilous. 
 
 Had the Popifh Forfeitures, of Forty- one, 
 been leafed out in Fee- Farm, or fold, by the 
 Englijh Government, to any Papifts, except- 
 ing thofe who had forfeited the Same ; all 
 thofe Papifts, to a Man, would have fought, 
 in Eighty-eight, againft the World, the Fleih, 
 and the Devil, for that Government under 
 whom they derived their Titles, and by 
 whofe Maintenance, alone, they could pre 
 ferve them. 
 
 In like Manner, had the. Forfeitures, of 
 Eighty- eight, been leafed out in Fee-Farm, or 
 fold, by the Etiglifo Government, to any 
 
 Papifts,
 
 ( 201 ) 
 
 Papifts, excepting thofe who had forfeited 
 the fame ; human Policy could not have con- 
 trived a more effectual Method for dividing 
 the Interests, and, confequently, the Powers 
 of a fufpe&ed People ; and for {lengthening 
 the Proteftant Intereft of Ireland by attaching 
 fo great a Number of Irifh Papifts to the 
 Proteftant State.' 
 
 Even now, were it enacted that all Irijb 
 Papifts, excepting the Heirs of the ancient 
 Proprietors, fbould be at Liberty to purchafe, 
 or leafe in Perpetuity, all the forfeited 
 Eftates, both of Forty-one, and of Eighty- 
 eight^ fnch a Provifion would pillar many 
 Thoufar.ds of loyal and valiant Subjects, with 
 all their Followers and Dependents, under 
 his Majefty's Throne and Government. 
 Whoever might, afterwards, give a longing 
 Look out for Wains, or Changes of Govern- 
 ment ; it is not thofe at leaft, whofe Fami- 
 lies and Fortunes muft fall with the State on 
 whofe Foundation they were erected. What 
 a Fund of Wealth, alfo, fuch a Provifion 
 would recal or retrain in that Kingdom! And 
 what a new Face of Culture, Harveft and 
 Induftry would thereby, be fjjiead over Ire- 
 land! 
 
 But, my Lords, was this the Policy of the 
 Legiflators who enacted the Popery Laws ? 
 By no Means. 
 
 On the Rebellion of Eighty-eight, nearly 
 eleven hundred thoufand Acres of Irijb, or 
 Plantation Meafure, were forfeited to the 
 
 Crown
 
 ( 202 ) 
 
 Crown j but upward of four hundred 
 thoufand, of the faid Acres, were again re- 
 ftored under the Articles of Limerick and 
 Galway. And, by a Statute, of the firft 
 Year of her Majefty Queen Anne, it was 
 enacted, under fevere Penalties, that the re- 
 maining Forfeitures, amounting to about fix- 
 hundred thoufand Acres, fhould be fet to 
 none but Proteftants. 
 
 Now the Succefs of this Statute happens 
 to be, that fo extenfive a Part of the King- 
 dom lies, generally, defolate, without Build- 
 ing, Fence, Plantation, or Improvement of 
 any Kind, to this Day. For the Purchafers, 
 in Defect of Proteftant Tenants, parcel out 
 the faid Lands to poor Papifts, at Will, who, 
 being fubject to Ejectment", upon inftant 
 Warning, think it their Intereft to make all 
 poflible Profit, by prefent Wafle and 
 Damage. 
 
 My Lords. When the Monarch of hu- 
 mane, as well as glorious Memory, had con- 
 quered this People; he deemed it fufficient, 
 for the Tranquility of the State, to deprive 
 them of their Weapons or Means of Of- 
 fence ; and to fet a Guard over them, That 
 fhould awe them into Subjection. Hejudged 
 that this much was neceflary to to keep them 
 quiet and ameneable; but that any Thing 
 further, might tend to enflame, and be pro- 
 ductive of Danger, or Damage, to Govern- 
 ment. By Records of gracious Memorial, 
 he confirmed to them the common Rights 
 
 of
 
 ( 203 ) 
 
 of the Civil Conftitution, by him, reilored, 
 explained and eftablifhed. He left it to the 
 lenJent Hand of Time, and to the prudent 
 and placable Policy of his Succeflbrs, to aflb- 
 ciate and attach a People, as Friends, whom 
 he had fubdued, but had not treated as Ene- 
 mies. And he left it, to this People, to 
 thrive, and enrich themfelves, by an unlimit- 
 ed Freedom of Commerce and Manufacture; 
 and, to give future Pledges of their Allegi- 
 ance to Government, by future Lodgments 
 of the Products or Value of their'Induftry 
 and by future Tides to Inheritances, and du- 
 rable Tenures, derived under the State efla- 
 blifhed on the Revolution. 
 * Now, my Lords, let us fuppofe, that no one 
 of the penal and difabling Statutes, which 
 were inftituted during the fubfequent Reign 
 of Queen Anne, had yet pafled into Form ; 
 but that Matters had remained in the fame 
 Situation in which the wife, the glorious, and 
 the gracious William left them; I afk, what 
 would have been the Cdnfequ'ence? what 
 Damage would, thereby, have accrued to Ire- 
 land? Would Papifts, in that Cafe, have 
 been lefs ameneable and lefs attached to Go- 
 vernment, becaufe they were favoured and 
 cherifhed by it? Would they have been the 
 forwarder to bring Damage and Deftructron 
 on a Country, becaufe their own Intereft 
 was connected therewith, and the Fortunes 
 of their Pofterity depofited therein? Would 
 they have been the readier to attempt the 
 
 Overthrow
 
 ( 204 ) 
 
 Overthrow of our beneficent Constitution, 
 becaufe they enjoyed the Piivilcges and Ad- 
 vantages thereof? Or ought it to be ex- 
 peded, at this Day, that the Papiils of Ire- 
 land fhould bear greater Faith and Fealty ^ 
 becaufe they are diftrufted ? or be the more 
 ihduftrious becaufe they are difcouraged? or 
 with, the more warmly, the Interefts of the 
 reigning Majefty, becaufe they have little to 
 lofe by a Change of Eftate? or attach them- 
 felves, with a greater Affection, to Go- 
 vernment, becaufe they have no Loan or 
 Lodgment therewith, and have little to lofe 
 by a Change of Conftitution? or will they^ 
 fight, with the better Spirit, in Defence of 
 that Country, becaufe they have no Stake or 
 Inheritance therein? What fay you, Mr. 
 Serjeant ? 
 
 Serjeant Statute. 
 
 Your Queftions include their refpedive 
 Anfwers, Mr. Candmr. But tell me yet, 
 I pray you. Suppofe that all the faid Popery 
 Ads mould be repealed Suppofe that, in 
 Confequence thereof, publick Induftry (houid 
 be kindled; and Arcs, Crafts, and Manu- 
 fadures, be multiplied, and matured through- 
 out the Land. Suppofe that by the Pro- 
 duds of Irijh Labour and Ingenuity, the 
 Wealth of the Nation and the Royal Reve- 
 nues (hould be annually trebled. And that, 
 by admitting Irijb Papifts to derive, to 
 
 themfelve*
 
 ( 205 ) 
 
 themfelves, new Titles and Inheritances un- 
 der our Proteftant Government, they fhould 
 in Time, become PorTeflbrs of one Moiety, 
 or one Third, of the whole Ifland, and, 
 thereby, become the Means of fpreading a 
 new Face of Improvement, Plenty and Prof- 
 peri ty, through all Ireland. 
 
 Such a Profpect, though barely feen 
 through the Glafs of Expectation, makes a 
 very defirable Landfcapc, Mr. Candour. 
 
 But tell me, I fay-, mould thefe People, 
 while they retain their ancient Prejudices and 
 Superftition, be once again inverted with 
 Wealth, Power, and extenfive Pofleflions; 
 what fliould hinder them from, once more, 
 attempting to eftablifh their faid engrafted 
 Superitition, in its prifline State of Supre- 
 macy ? 
 
 Furious, rapid, and fearful, is the fiery 
 Spirit of biggoted Enthufiafm! It looks not 
 to the Way of Right, nor liftens to the Call 
 of Reafon ; and all Things are trampled upon, 
 without Pity or Difcrimmation, that lie in the 
 Paths of its Progrefs. 
 
 Thefe People, as you tell us, are, at prc- 
 fent, lean and broken-hearted. But, mould 
 they again wax fat, may they not alfo wax 
 wanton, nnd fpurn their Feeders ? Should 
 Irijb Papifts, once more, get the Cards- well 
 packed and ready to their Hands-, can you 
 promife, Mr. Candour, that they will not play 
 over the old Game of -Eighty-eight and Forty- 
 on; ? 
 
 S Counfelkr
 
 ( 206 -) 
 
 Counfellor Candour. 
 
 I do promife it, Mr. Serjeant. And I will 
 bring Truth, Nature, and tinfoerfal Experience, 
 to guarantee my Engagement. 
 
 1, formerly, fet forth to your Lordfhips, 
 among other Matters of veritable Hiftory, 
 that, early, in the Reign of his Majefty 
 James I. the native Irifb began to warm them- 
 ielves in the Sun-fhine of a lawful and juft 
 Government. That they were, then, free 
 to plead in thofe very Courts where they 
 could rarely obtain the Privilege of being, 
 formerly, impleaded. That they got the 
 Glimmering of the Advantages of a Britijh 
 Conjlitution, by feveral Inftances of the 
 Guardianfliip of their Perfons and Properties. 
 And, had not thofe very Laws (to whofe 
 Beneficence they gladly crowded for Protec- 
 tion) like Penelope, unravelled the Web they 
 had woven, that Irifb Catholics would have fat 
 down in Peace and Contentment, the mod 
 pleafed and the moft grateful of all Men 
 living. 
 
 Was it then, becaufe thefe People were 
 fattened, that in their Wantonnefs, they pre- 
 fumed to fpurn their Feeders? No, my 
 Lords; it was becaufe they were irnpoverifh- 
 ed, becaufe they were flead, that they were 
 provoked to kick ; and fo would any Thing 
 that had Heels and a Portion of Life remain- 
 ing. ft
 
 It has been largely enough recited how, 
 during the Reigns of the firft and the fecond 
 Stuart , the Fortunes of thefe People efcheat- 
 cd, as it is honourably ftiled, to the Crown, 
 to the Amout of, nearly, one Third of the 
 Lands of Ireland. 
 
 This raifed great Commotions, throughout 
 the Kingdom and, particularly, in the Irijb 
 Parliament who addreiTed feveral preffing Re- 
 monftrances to his Majefly, Charles I. aod 
 petitioned for a Reftoration of the faid ef- 
 cheated Lands, to the original Proprietors. 
 This the King repeatedly promifed; but, 
 when the Proprietors found that they were,- 
 finally, defeated of their Expectations, firft, 
 by the Machinations of the Earl of Strafford, 
 and afterward, by the Management of the 
 Lords Juftices, Parfons and Borlafe, they 
 feized the Opportunity of the contemporary 
 Troubles in England, and determined to 
 claim, by Force, what they could not obtain 
 by Favour. 
 
 This, my Lords, was the Caufe, and this 
 alone, was the Caufe of the firft of the Infur- 
 reclion of Forty-one. The Fomenters and 
 Chiefs of the Confederacy had been the Pro- 
 prietors of the faid efcheated Lands; and 
 they cried up Religion, as a Pretence, or 
 Word of War, to the Vulgar, who had no 
 Property to lofe ; but, finding this Motive 
 infufficient, they annexed the Promife of a 
 Divifion of the whole Ifland among their Ad- 
 S 2 herents,
 
 ( 2Q8 ) 
 
 herents, as foon as a Conqueft fhould be 
 made thereof. 
 
 As the Chiefs of the Infurredion, happily, 
 failed in their Enterprize, they further for- 
 feited, to the Common-wealth of England, 
 whatever had been left them by James and 
 Cbarh I. as did ail who were, in any Degree, 
 accufed and convided of having abetted, har- 
 boured, or countenanced, any Party or Per- 
 fon concerned in the faid Rebellion. 
 
 Thefe repeated Efcheats and Forfeitures, 
 left very little landed Property to any Papift, 
 in Ireland, faving a Few who had derived to 
 themfelves new Titles, under the Englijb 
 Government. Wherefore, in the War of 
 Eighty-eight, all the Heirs and Dependents 
 of thofe who had been deprived of their 
 Eftates, either previous to, or on Account 
 of the InfurredYion of Forty-one, gladly rofe, 
 to a Man, in Support of James II. who pro- 
 mifed them univerfal Reftoration and Re- 
 drefs ; all I fay, fave the Few who derived 
 new Titles, under the Common-wealth of 
 Cromweli or the Crown of Charles II. and 
 who fluck {launch and true to their own In- 
 terefls, and to the Englijb Government, un- 
 der whom they claimed. 
 
 It is true that the parading Terms of Loy- 
 alty and Religion, were loudly vociferated and 
 trumpeted among them* but Property, my 
 Lords, Property, and Property alone, was the 
 Principle and Momentum of the whole Ma- 
 chine.
 
 If, after feveral Generations have patted, 
 away. If, after a Demeanour of long Peace 
 and fair Allegiance, this People mould be 
 ever tempted, by unforefeen Events, or the 
 Inftigation of foreign Powers to rife againft 
 us, it will, unquestionably, be in order to 
 obtain fome Root or durable Tenure, in the 
 Land of their Nativity, from which they 
 were precluded by the laft of the Stuart-Lim. 
 And, my Lords, I can pronounce that, as 
 furely as Matter ftill gravitates to its Center, 
 were thefe People but indulged, by the gra- 
 cious Houfe of Hanover, with any delcendible 
 or durable Property in that Kingdom, they 
 would ftick, as Mr. Serjeant once exprefled 
 it, with the Propenfity of Bull-Dcgs, to the 
 Intereft of that Power with whom their In- 
 tereft was connected. No Loyalty, no Re- 
 ligion, no Regard to GOD or Man, can fe- 
 ver that inherent Senfibility, from Nature, 
 which muft, ever, feel, and reafon, and act 
 in favour of SELF. 
 
 When the great Tumult and Uproar hap- 
 pened at Ephefus, in Appearance, concern- 
 ing the Worfhip of their Idol, Diana ; the 
 People perfuaded Others, and even per- 
 fuaded themfelves that they were inftigated, 
 thereto, from a Motive of Piety. But, what 
 fays the divine and veritable Text of GOD 
 and of Nature? 
 
 The Text fays, that a certain Man, named 
 
 Demetrius, a Silver- Smith, who made Silver 
 
 Shrines for Duna, brought nofrnall Gain tint* 
 
 C S 3 ' //?
 
 ( 210 ) 
 
 the Craftfmen whom be called together, with tie 
 Workmen of like Occupation, and f aid, Sirs ! 
 Te know that, by this Craft -we have our 
 Wealth. Moreover, ye fee and hear that, not 
 alone at Epbefus but, almojl throughout all Afia, 
 this Paul hath ptrfuaded and turned away much 
 People, faying, that they be m Gods which are 
 made with Hands. So that n it 'only this our Craft 
 is in Danger to be fet at nought, but that the 
 Temple of the great Goddefs Diana Jhould be de- 
 fpifed, and her Magnificence Jhould be dejiroyed 
 whom all Afia and the World worjhippeth. ' 
 
 Here, this Fellow intimates, to his Fra- 
 ternity, that their Clamour mutt be in the 
 Name of Diana, while he confefTes that 
 Mammon, alone, is the Motive of their In- 
 furredion ; a Motive the mod prevalent, of 
 all Motives, as we fee, for {landing up in 
 Oppofition, even, againfl the Word of 
 CHRIST, and the LIVING GOD. 
 
 However high the Tides of Loyalty or 
 Attachment may fwell. Wherever the Winds 
 of Superftition or Religion may blow. In- 
 terefl, my Lords, is, at all Times, the Rud- 
 der that turns and fleers the VeiTel of this 
 World at Pleafure. Or, rather, it is the 
 golden Image of Nebuchadnezzar, before 
 whom all People, Nations, and Languages 
 fall down. Or, rather, It is as the very Di- 
 ana, already recited ; in whofe Prefence the 
 People of all Countries and Perfuafions, cry 
 out, with one Confent, great is this Diana 
 of the Epbefms ! 
 
 Religion,
 
 Religion, Kindred,' Gratitude, Loyalty, a 
 Senfe of Duty, will produce what we call 
 Inclination, kindly wifhes, and Attachment, 
 to a certain Degree: But, if we would bind 
 a People to us with Hoops of Steel, we muft 
 make it their Intereft, as well as their Duty, 
 to befriend us. Though a Nation were 
 compounded of diflind and adverfe Families, 
 Each taken from the different Seds, Perfua- 
 fions, Religions, and Profeffions, that pre- 
 vail in the different Countries, throughout the 
 Earth; do but unite them, by a Community 
 or Conftitution of Interefts, and they will join as 
 one Family in the Maintenance and Defence 
 of common Rights. Intereft is the Knot that 
 never loofes-, it is the Friendfhip, the Fealty^ 
 that never fails. And I repeat it, my Lords, 
 would our prefent wife and humane Legifla- 
 ture admit Irifb Papifts to fome defcendible 
 or durable Tenure, in their native Land; 
 They would thereby arm them, as it were, 
 with a Sword in either Hand. The one in 
 Defence of the State without whofe Continu- 
 ance they could not retain their Property; 
 and the other againfl All, even the Brothers 
 of their Blood, who might attempt the faid 
 Pofleflions, under any efcheated or forfeited 
 Titles. 
 
 If you are attacked and have the .For- 
 tune to fubdue your Enemy ; human Policy 
 can reach at no Means for your future Safety ^ 
 fave that of depriving him of the Power to hurt
 
 ( 212 ) 
 
 you-, or that of adding to your own Power 
 by making it bis Inter ell to befriend you. 
 
 Be pleafed then, my Lords, to apply the 
 Popery Laws to the faid Veft. And firft; have 
 They derived any Power to his Majefty from 
 this People? have they made it the Intereft 
 of Irijh Papifts to fupport and defend the 
 State? No, my Lords, no. They have, 
 nearly, cut off every Inducement that might 
 engage them to ferve us. I would the Se- 
 verity of thofe Laws had been greater, or 
 lefs; that they had been fufficient on the 
 one Side to ferve for fupprefling ; or not fo 
 poignant on the other as to ferve for pro- 
 voking. They have laid our Roman Catho- 
 lics under the Temptation of wifhing for 
 Changes and Events, more advantageous to 
 themfelves; and what People are tempted to 
 wifh they are tempted to promote. 
 
 This, however, is not to be feared, if the 
 Laws, that provoked them, have deprived 
 them of their Power. But, has this been 
 done, my Lords? Their Arms, it is true, 
 have been taken awayj but is the Supply of 
 thatLofs, from abroad, an Impoflibility? or, 
 what fays the Poer, of near two thoufand 
 Years ago? Furor Anna miniftrat. An angry 
 Man makes a Weapon of whatever comes to 
 Hand. They have been, alfo, prohibited, 
 it is true, from realizing their Wealth in Ire- 
 land; from depofiting in that Country any 
 Pledge of their Attachment ; and from lodg- 
 ing with the Government any Pledge of 
 
 their
 
 their Allegiance. But, are they alfo pre- 
 vented from making Ufe of that Wealth, a- 
 gainfl the Country and Government, in 
 whofe Favour they are not permitted to de- 
 pofit It ? 
 
 Ready Money, my Lords, is ready Poiver 
 throughout the Earth , and thofe Laws have 
 compelled this People to preierve it. They 
 are neceflitated to lodge it in the Hands of 
 our foreign Enemies ; or to keep it in their 
 own, for any fudden or occafional Call. Let 
 this People be ever ib placable, well tem- 
 pered, or affectionate ; they cannot confider 
 Thofe. in the Light of Friends, who treat 
 or confider them in the Light of Enemies. 
 It is a fearful Situation, my Lords, 'where 
 Invafions, or Events, that are Matter of Ap- 
 prehcnfion .to one Part of a People, may 
 pofTiby prove Matter of Expectation to the 
 Other. Indeed, we have not a Right to ex- 
 ped that Irifb Catholics mould be warm in 
 the Support of an Intereft from which they 
 are, legally, alienated and excluded. 
 
 On the other Hand, fuppofe that this Peo- 
 ple had been permitted to lodge their Trea- 
 fures with Us. In fuch a Cafe, my Lords, 
 we mould have taken Pofieffion of their Af- 
 fections and Hearts, alfo. Whoever thinks, 
 otherwife, is a Difbeliever of the Word of 
 CHRIST. 
 
 For Inflance. Suppofe that quickly after 
 the Declaration of War, between Great-Bri- 
 tain and trance^ a certain Man had been ap- 
 pointed
 
 ( 214 ) 
 
 pointed Commander of an Engkjh Man of 
 War, who happened, at the fame Time, to 
 have a large Fund of Wealth in a French 
 Bottom. Suppofe that this Commander, in 
 his Cruize, happens to meet the very Veflel 
 in which his Wealth is depofited. He knows 
 that it is his Duty to fight i but, will he be 
 pleafed with the Opportunity ? will he be 
 hafty in giving orders for the firft Broadfide ? 
 Suppofe that, in the Spirit of Heroifm and 
 Confcioufnefs of Duty, he rights and finks 
 this Veffel to the Bottom j will he have no 
 Compulsion, no Regret, for having been 
 acceflbry to the Lofs of his own Treafures ? 
 Whoever is of this Opinion knows nothing 
 of Common-Senfe or of human Nature. 
 
 Lord Chief Baron Inter eft. 
 
 Enough, enough, Mr. Candour. You have 
 demonftrated, in all Lights, that the Laws, 
 efpecially called the Popery Laws, have con- 
 duced very little to the Strengthening of the 
 Throne or Government of lr eland \ and I am 
 perfuaded that Mr. Serjeant, himfelf, is of 
 the fame Opinion. What fay you Mr. Ser- 
 jeant ? 
 
 
 Serjeant Statute. 
 
 I am, my Lords, I am convinced. But, 
 I am not equally convinced that thofe very 
 Laws have not confiderably advanced the 
 
 diftinft
 
 diftinct Profperity of Proteftants in that King- 
 dom. The Removal of Papifts from any 
 profitable or dureable Tenures in Ireland^ 
 hath not removed the Lands or the natural 
 Products thereof. Thefe remain as a Capa- 
 city, or fpacious Field, wherein Proteftants 
 may multiply and, at length, ftand up fuffi- 
 cient to themfelves, without Rivals in Num- 
 ber, or Elbowers for PofTeflion. This, Icon- 
 fefs, my Lords, is what I wifli, and what I 
 look for, as the final IfTue and Confequence 
 of the faid Popery Lawsj a bleffed Iflue, 
 Gentlemen, whenever it mall come to pafs, 
 and well worth our Patience, for another 
 Century at leail. 
 
 Counfelkr Candour. 
 
 I will prove to you, Mr. Serjeant, that 
 this muft fooner and more affuredly come to 
 pafs, from a Repeal or Mitigation of the faid 
 Popery Laws, than from any other Expedi- 
 ent that can be devifed. 
 
 My good Mr. Serjeant Statuts ; you, fome 
 Time fince, exprefied yourfelf with much 
 Humanity, and generous Companion, in 
 regard to thefe poor People. I would to 
 GOD you might fee them in their Wind- 
 winnowed Huts, that are empty of all 
 Things, except the Inhabitants. For de- 
 preffed and impoverimed they are, to fuch a 
 Degree, as you would think beyond the Suf- 
 ferance or Suftainance of human Nature. 
 
 But,
 
 ( 2-16 ) 
 
 But, I difdain to take Advantage, by laying 
 hold of your PalTions, I defire nothing more 
 than that your Reafon fhould attend. 
 
 My Lords. Gentlemen of the Jury. When 
 Mr. Serjeant lately wifhed, in favour of Pro- 
 teftants, that all hijb Papifts mould quit the 
 Land; I gave my Reafons for thinking that 
 this could not be the Wifh of any Jrilb Pro- 
 teftants who were capable of difcerning their 
 own Interefl. I further intimated the in- 
 evitable Ruin that fuch an Event muft bring 
 upon .the Country in general; and, more 
 efpecially, on the few Proteflants whom I 
 moil affected, the rightful Heirs of our Con- 
 flitution, and the Eftablijbed of our Laws. 
 
 As Mr. Serjeant did not think proper to 
 make any Reply, I did not deem it necelfary 
 to expatiate on the Matter, though I had 
 
 Room and Scope, at large. Mr. Serjeant, 
 
 do you chufe ? Well, Sir, enough 
 
 I am pleafed, I a flu re you to drop all Sorts 
 of Argument, on that Head. 
 
 With the Leave of the Court I fhall, then, 
 proceed to fhew how pernicious the faid Po- 
 pery Law have proved, to the Proteflants, 
 and to the Proteftant Intereft of Ireland. 
 
 When thofe Laws were firft enadled, all 
 Sorts of Protefrants, and all Kinds of Con- 
 formifts, imagined that Fortune was to fall 
 upon them, by Wholefale; . and, that they 
 were inftantly to thrive and to wallow in 
 Plenty. They thought that Proteflants and 
 Papifts were like the two Buckets of a Draw- 
 Well
 
 Well, and that as one defcended, the other 
 muft mount aloft. Or like the twin Stars of 
 Cajlor and Pollux, one of wnom could not a- 
 rife to its Height and Brightnefs, till the 
 other had fallen and funk in Night. 
 
 Mark, then with what Juftice they were 
 punifhed, in the IfTue. A general Face of 
 Indolence, Dejection and Poverty fpread over 
 the Land. All thqg^bnied Men, among the 
 Roman Catholics, immediately tranfmitted 
 their Wealth to foreign Countries. The Na- 
 tion was drained of its Cadi. Trade, Com- 
 merce, Markets, and Manufactures failed, 
 in the twofold Want of Encouragement to 
 Induflry, and of a fufficient Currency to cir- 
 culate Bufmefs. Foreign Demands, the 
 Crown-Revenues, and all the ufual Taxes, 
 were yet to be payed, without the ufual 
 Funds or Supplies for the Difcharge. The 
 Price of Lands fell ; while, through the Dif- 
 couragement and Scarcity of Manufactures, 
 the Price of all the Neceifaries and Com- 
 forts of Life rofe; at a Time when there was 
 the leaft Ability to purchafe. And Ruin 
 hung over Ireland, like a Sky of heavy 
 Clouds, when no one knows or obferves from 
 what Quarter they come. 
 
 The Conformifts I fay, my Lords, at 
 firft imagined that they themfelves, mould 
 be benefitted and exalted, in Proportion as 
 the Nonconformifts were damaged and de- 
 preffed. Independent of this deiufive Hope, 
 They were blefled with a Concurrence of 
 T temporal
 
 C 218 ) 
 
 temporal Advantages, that no other People, - 
 exclufive of Great-Britain, could boaft. They 
 were Members of the freed and beft eftablim- 
 ed Syftem of Policy upon Earth. As Con- 
 formifts, they enjoyed the Chief Privileges 
 and Profits of the faid beneficent Conflitution. 
 They were indulged with a long, a profound, 
 and uninterrupted Peace. They were Pro- 
 prietors of a Country tft% w ^h due Cultiva- 
 tion, would have plentifully nourifhed five- fold 
 the Number of Inhabitants that it contained. 
 The Legiflature or grand Council, which the 
 Proteflants now chofe from their own Body, 
 were unwearied in their Studies, Endeavours 
 and Experiments, in a Variety of Laws, and 
 Multiplicity of Appointments, for effecting 
 the Advancement and Opulence of their Con- 
 flituents. Many Patriots, alfo, arofe through- 
 out the Land, folicitous and diligent in the 
 Promotion of Manufactures and Encourage- 
 ment of Arts, and in tranfplanting and pro- 
 pagating, within the Place of their Nativity, 
 all Branches that were deemed of foreign 
 Ufe. Yet, in Spight of fuch a Confluence 
 of natural and political Benefits; Trade was 
 obftinately flow. Credit waxed deaf. Bufi- 
 nefs flagnated. The Land yielded not its 
 Encreafe. Dearths and Famines became fre- 
 quent. Thoufands perimed, through Want, 
 in the public Ways or defolate Fields. A 
 Kind of lazy Numbnefs fpread through the 
 Inhabitants. No Succedaneums, no outward 
 Applications could take due Effect, while the 
 
 Difeafe
 
 Difeafe was unremoved and continued to 
 prey inward, on the Bowels of Ireland. The 
 Nation was yearly, in fear of being bank- 
 rupt and beggared; and found itfelf arrived 
 to the Brink of Perdition, without knowing 
 how, why, or whence it came there. 
 
 It were an unpardonable Defect of Cha- 
 rity to fuppofe that the Legiflators who pro- 
 jeded or enacted, the faid Popery Laws, 
 could diffidently forefee, or, in any Meafure, 
 intend the very deftructive Confequences 
 that have fince endied. Be it enough that, 
 by refleding on what hath happened, we 
 are, now, enabled to trace thefe calamitous 
 Confequences to their natural Caufe -, and 
 that former Errors may be of Ufe in the 
 prefent Cafe,, by ferving as an Admonition 
 for Ipeedy Reformation. 
 
 It is, my Lords, a very general and not 
 unnatural Miftake, that this World is to 
 Man, as it is to the Brute- Creation, among 
 whom, when the Guefts are few, there is 
 the greater Plenty and Luxuriance of Provi- 
 fions. But the Cafes are as wide, as Eaft 
 and Weft, afunder. 
 
 In every Forefl, in every Field, GOD hath 
 fpread the Carpet and prepared the Repair, 
 for thofe whom he hath not inftructed to pre- 
 pare it for themfelves. To Man, alone, he 
 gave Reafon, Invention, and a focial Nature. 
 He gave him WeaknefTes and Wants, as a 
 fertile though humble Bed, wherein he fow- 
 ed the Seeds of every human Virtue. By 
 
 T 1 r 
 
 T a thofe
 
 ( 2.2,0 ) 
 
 thofe Weankeffes and Wants, he compels 
 him to aflbciate; and from Society he derives 
 all the conjugal, paternal, and filial Endear- 
 ments j the Friend, the Neighbour, Citizen, 
 Countryman, Patriot ; and all the Charities 
 that unite the great Brotherhood of Man. 
 
 GOD fuffers not any Man, and rarely, 
 any Nation to be fufficient to itfelf, or of Abi- 
 lity to fupply its own,, Occafions. The 
 wealthieft, the ftrongeft, the wifeft Individu- 
 al, though of Power to extend his Service 
 through his Country, through the World, 
 cannot fingly provide for his perfonal Sub- 
 fiftance. Thus Man who, in himfelf, is the- 
 mod impotent and pitiable of all living Crea- 
 tures, becomes the mod powerful and for- 
 midable, through Community. From his 
 Weaknefs he gathers Strength, and from -his 
 Want he gathers Plenty. For here, and here 
 alone, GOD hath laid the Foundation of all 
 the Wealth and Dominion that ever rofe up- 
 on Earth. 
 
 From hence, my Lords, it is evident that 
 a petty Affociation, of" one hundred, one 
 thoufand, or of one hundred thoufand Men, 
 may not be afwerable to the Defence, or 
 perfonal Accommodation, of any fingle Mem- 
 ber of fuch a Community. The almoft in- 
 finite Wants, Infirmities, and Difeafes, that 
 are incident to human Nature demand as in- 
 finite a Provifion, from the numberlefs Crafts 
 and Branches of Crafts, Myfteries, Manu- 
 factures, Occupations, Arts and Sciences, that 
 
 are
 
 ( 221 ) 
 
 are exercifed and cultivated throughout the 
 Earth. For, from thefe, alone, arifeth the 
 univerfal Wealth of the whole World j what- 
 ever is neceflary, ufeful, commodious, what- 
 ever conduces, to the Convenience, Delight, 
 or Hapinefs of Mankind. 
 
 Wherefore, my Lords, whatever Legifla- 
 tor, or Number of Legiflators; whatever 
 Law or Ordinance, fhall prohibit, abridge, 
 difcourage, or difcountenance, any Hand, or 
 Number of Hands, fo worthily employed for 
 the Good of the World, is an Enemy to hu- 
 man Nature; is, more particularly, an Ene- 
 my to that unhappy Country, wherein the 
 Wretches fo prohibited or rendered liftlefs 
 are fituated; and is, ftill more particularly, 
 an Enemy to the People with whom fuch 
 ufelefs Members are neighboured, or con- 
 neded. 
 
 This laft Cafe, my Lords, is the Cafe of 
 the Kingdom of Ireland^ and of the Proteft- 
 ants, thus unfortunately circumftanced there- 
 in. They make but one Third of a difqnali- 
 fied People, with whom they are unavoida- 
 bly mixed and united. 
 
 Thefe People, on one Hand, are on a Le^~ 
 vel with Proteftants, and equally enjoy the 
 Support of our Government and Protection 
 of our Laws: But then our Government and 
 our Laws are too generous to require any 
 Benefit, in Return, at the Hands of thofe Peo- 
 ple ; for they are legally . difcouraged, and
 
 ( 2Z2 ) 
 
 legally reje&ed, from doing any perfonal Ser- 
 vice to the State. 
 
 Again. Though thefe People are prohi- 
 bited from employing a Number of Hands, 
 in their Crafts and Manufactures i as alfo, 
 from depofiting the Produces of their Art or 
 Induftry in that Country ; they are yet per- 
 mited to occupy, and trade, and traffic 
 throughout the Land; and from Year to 
 Year, and every Year, to gather up and 
 fpirit away whatever they can glean of 
 the little Wealth of the Nation. And thus 
 they become, to Ireland, as a hot Sun 
 and a ftrong Wind to a mallow Lake; 
 they exhale and carry off the vital Moiflure 
 from among us, never more to be returned, 
 in Mift or in Dew, to flake a thirfly Soil. Is 
 it their Fault, my Lords, or our Misfortune, 
 that they are legally rendered a Burden and 
 a Nuifance to the Country wherein they are 
 born ? 
 
 My Lords. Gentlemen of the Jury. From 
 the very Beginning of the World, to the ve- 
 ry Beginning of the prefent Century ; it hath 
 been the capital Study of every Legiflature, 
 ^any Way worthy of that Title, to multiply 
 Hands, and to encourage and quicken Induf- 
 try, by all poflible Contrivances, Motives, 
 and Incitements. For, my Lords, the Num- 
 ber of People is accounted the Wealth of a 
 Nation, merely, as they fupply the greater 
 Number of Hands, And the Number of 
 Hands is accounted the Wealth of a Na- 
 tion
 
 tion, merely, as they fuppty the greater 
 Quantity of Labour. And the Quantity of 
 Labour makes the Wealth of a Nation, mere- 
 ly, as it fupplies thofe Produfls whofe Values, 
 univerfally, conftitute the Wealth of Mankind. 
 Fr, as thofe Products muft bear a mathe- 
 matical Proportion to the Quantity of La- 
 bour employed thereon ; fo the Quantity of 
 fuch Labour muft, equally, bear a mathe- 
 matical Proportion to the Quantity of Encou- 
 ragement that is given thereto. 
 
 Can. ye tell me, then, who were the So- 
 lons, of whom that Senate was compounded, 
 which contrived and framed Laws for the 
 Difcouragement of that Labour,, on which 
 the Wealth and.Profperity of their Country 
 depended ; and who, by a Liftleffnefs and 
 Relaxation of Hands, had made two Thirds 
 of the People of Ireland, the Poverty, the 
 Burden, and the Curfe of the Land, and of 
 that unhappy Community with whom they 
 are connected. 
 
 Let us now, my Lords, take a Profpeel: 
 of the Situation of Proteftants in that Coun- 
 try. Let us take it in the natural Occur- 
 rence of Objects, and in the Light that Com- 
 mon- Sen fe may call upon them. 
 
 I purpofely pafs over, in the Way of our 
 View, the Danger that Irijh Proteftants may 
 be in, or the Jealoufies they may ftill enter- 
 tain of a People who are very little interested 
 in their Profperity or Prefervation. Suppofing 
 that nothing of this required any Matter of 
 
 Prevention
 
 ( 224 ) 
 
 Prevention or Remedy ; let us behold all the 
 Irijh as Inhabitants of the fame Country ; 
 as Members, of one Community, who ought 
 to be united, in Profpefts, Attachments, Ope- 
 rations, and Purfuits. 
 
 But, is that the Light, my Lords, in which 
 you fee them P Not fo, not fo. You behold 
 Irijh Papifts, as a Body of Men retained with- 
 in the Bowels of the Public, and yet rejected 
 from any perfonal Service thereto, or any 
 real Intereft, or durable Property, therein. 
 You behold them as an independent and un- 
 natural Foetus within the Womb of their 
 Mother Country. Or as fo many internal 
 Parts, of a great Machine, that are legally 
 clogged and retarded in their Offices, and, 
 thence, obftruft or counteract that Move- 
 ment which is neceffary to the Intention of 
 the Whole. You behold their Induftry as a 
 Shell-Snail that, flowly, draggs along its un- 
 avoidable Incumbrance. You behold their 
 Arts and Inventions as a Flock of tamed 
 Poultry, with Weights at their Legs, to pre- 
 vent the Ufe of Wings and keep them from 
 foaring. You behold them liftlefs and bound 
 on the Backs of their Proteflant Brethren, as 
 Mezentius bound the Bodies of the Dead to 
 the Living! Is it, then, to be wondered that 
 all the Wifdom and Patriotifm, of our fuc- 
 ceeding Legiflators, neither have availed, nor 
 can avail, for the Cure of a Malady fo con- 
 flitutional and inherent, till the Caufe, from 
 whence the Malady proceeds^ is attempted ? 
 
 My
 
 ( 225 ) 
 
 My Lords. When Mr. Serjeant afked me, 
 upon the Word of a Man of Integrity, if I 
 thought that Irijb Catholics were to be depend- 
 ed upon -, I anfwered that I thought they were 
 not to be depended upon. . I then fpoke, my 
 Lords, from the Jealoufy that naturally arifes 
 in the Mind of Man, on themoft remote Ap- 
 prehenfion- or Poffibility of Danger. And, in- 
 deed, I then fpoke in direct Contradiction to 
 repeated Trial and Experience, long approved. 
 
 About fix Generations have now pafled 
 away, according to the Rates of Purchafe and 
 Eftimate of the Life of Man, fince thefe 
 People have offended in Word or in Deed. 
 No Riotings have been heard in their Houfes, 
 no Complainings in their Streets -, they have 
 been filent and harmlefs as the Flocks on the 
 Hill of Croghan. Our Parties^ Factions, and 
 Infurredions, as they are merrily fliled here 
 in England, have been all, among Irifb Pro- 
 teftants ; this People were neither Actors nor 
 Partakers therein. .They have offered them- 
 felves to our Fleets and to our Armies, to 
 tend our Perfons, to till our Grounds, to hew 
 our Wood, and to draw our Water. Where 
 we admit them to fight for us, they have 
 ever proved valiant; where we admit them 
 to ferve us, they are ever found loving, ob- 
 fervant, and faithful. Temptations have 
 come to their Doors and called them forth ; 
 the.Contagion of Rebellion hath feveral Times 
 broken out among their Neighbours ; they 
 have yet remained quiet, and continued un- 
 tainted-,
 
 ( 226 ) 
 
 tainted ; ftill loyal to their Sovereign, amene- 
 able to Government, and fubmiflive to Law, 
 through a long and trying Succeffion of up- 
 ward of feventy Years, they have fcarce ap- 
 peared to repine in the Midft of Calamity. 
 
 What, then, do we look for further ? 
 What Proofs do we yet require, of Peace- 
 fulnefs and Attachment at the Hands cf thefe 
 our Brethren ? Is no Period to be put to their 
 State of Probation ? Muft they for ever keep 
 out upon Quarantine, without Harbour or 
 Hopes of Reft or Reconciliation ? Or is it 
 poffible that frijb Catholics, who have fo long 
 and fo loyally demeaned themfelves as Friends, 
 while confidered as Enemies ; is it poffible I 
 fay, my Lords, that they mould become our 
 Enemies, on account of their being treated 
 by us, and attached to us, and interefted in 
 us as Friends ? A People, my Lords, who, 
 through a Winter of feventy Years Continu- 
 ance, have never failed, or forfaken, or 
 given us Caufe of Offence, furely merit fome 
 Confideration, fome grateful and chearful 
 Ray, to warm them to a Senfe that Proteft- 
 ants are not, by Choice, of a cruel, unforgiv- 
 ing, or malevolent Nature. 
 
 With what a Strengthening to his Majef- 
 ty's Throne and Government! With what 
 an AfTurance of Safety to Irifh Proteftants? 
 With what an Encreafe of Wealth and Prof- 
 perity to Ireland! With what Eafe and Ho- 
 nour to our Legiflature might this be done ! 
 It is but interefting this People in the Defence 
 
 of
 
 ( 227 ) 
 
 of the State, in the Safety of their Proteft- 
 ant Brethren, and in the Culture and Prefer- 
 vation of the Country wherein their Trea- 
 fures will then be depofited ; and, as furely as 
 Matter mud gravitate to its Center, thefe 
 People will adhere to the Interefts of thofe, 
 with whom their own (hall be united, againft 
 Men and Angels, againft Pretenders, Popes, 
 or Devils. No Seductions, no Perfuafions, 
 could then tempt them to permit, and much 
 lefs to aflift, toward the Overthrow of a Con- 
 ftituticn, wherein their Stake lay, and whofe 
 Equal they could not hope to find upon Earth. 
 
 IT WERE to be wifhed, I confefs, that 
 thefe People were reclaimed from their eccle- 
 fiaftical Errors, at leaft, provided they might 
 not, thereafter, become worfe Men, or worfe 
 Subjects, than they are at prefent ; provided 
 they mould,- thereafter, retain -a fufficient 
 Senfe of any Religion at all. 
 
 Two Thirds, of the Inhabitants of Ire- 
 land y are at this Day Roman Catholics. And 
 yet, my Lords, it is remarkable, that there 
 are fewer Robberies, Thefts, Murders, 
 Maims or Riotings, in that Kingdom, than 
 in any Nation, equally numerous, in Europe. 
 
 I once intimated to your Lordfhips, that 
 fpeculative or religious Errors, in certain 
 Cafes might be politically ufeful, with re- 
 fpect to civil Government. That auricular 
 Confeffions, Purgatories, Fafts, and Penan- 
 ces, are to the Members of the Church of 
 Rome, what Difcipline is in the military De- 
 partment;
 
 ( 228 ) 
 
 partment , by preferving Roman Catholics in 
 the familiar Uie and Praclife of daily Obedi- 
 ence. That this Habit of Refpedt and Sub- 
 miffion to ecclefiaftical Difcipline, is, not un- 
 naturally, attended with Refpecl and Sub- 
 miflion to the fecular Powers. And, that 
 the Obedience of thefe People, to the Au- 
 thority of their Church, is an Earneft of their 
 Obedience to the Authority of all States un- 
 der which they live. But, my Lords, this is 
 not all. Nineteen in Twenty, of Irijb Papifls, 
 though naturally the mod fenfible and appre- 
 henfive of all People, are wholly illiterate; 
 and their Priefls are to them, in the Place 
 of Letters, of Inftruftors, of Parents, of Go- 
 vernors, of their Church, and of their GOD. 
 Thofe fame Priefts, my Lords, are, alfo, ex- 
 tremely zealous and fedulousin their Functions. 
 They vifit from Village to Village and Houfe 
 to Houfe. They call in Queilion the mod 
 ancient and the moft refpcdable of their 
 Communion. They take hold of the Souls 
 of Infants, as you would of fprouting Twiggs, 
 and bend them, during their State of Pliancy, 
 to the defired Direction. They prcierve 
 their Authority, over their People, not on- 
 ly by the Threats of future, but by the In- 
 flidlion of prefent Punifhments. And, in- 
 deed, we cannot fay, during thefe {evenly 
 Years and upward, but that the Influence of 
 this Priefthood, hath been exercifed and di- 
 refted to the Quiet of the Nation, to the 
 Benefit of the Public, to the Obfcrvance of 
 
 legal
 
 ( 329 ) 
 
 legal Ordinances, and to the Safety of the 
 State. 
 
 Now, my Lords, fuppofe that a fuddeft 
 Reformation had been, inftantly made ; and 
 not aPopifh Ecclefiaftic left in all Ireland. 
 Very well, my Lords. But then, the Con- 
 fequence mud be, that the Weight of the 
 Souls, of the Morals, and future Conduct, 
 of two Million of our Natives, falls wholly on 
 the Shoulders of our Proteftant Ecclefiaftics ; 
 who appear fufficiently engaged by their pre- 
 fent Cures, without any further Demand of 
 Time or Toil at their Hands. 
 
 This Weight then, my Lords, mud, at 
 leaft, treble the Burden of what they now 
 labour under. We will, however, fuppofe 
 that the Load is quite lightened by their Pie- 
 ty, and by their Zeal for the Reformation of 
 Sinners. Be it fo. Yet, it ftill remains a 
 Doubt with me, whether this fame Excefs 
 of Piety and Zeal, in our Proteftant Clergy, 
 will be Equivalent to their Want of Authori- 
 ty which, in Fad, is Want of Power. 
 
 You, my Lords, who know the World, 
 can beftjudge how far Gentlemen, who have 
 been delicately nurtured and politely educated, 
 may conform, againft Habit, to the Dictates 
 of Charity. You can tell us, with what 
 Pleafure, the elegant Doctors and Dignato- 
 ries, of our Church, will trudge about, 
 through the barbarous Inclemency of the 
 Seafons; entering Cabbins by whofe Doors 
 the Smoak is evacuated i abiding the Stench 
 U of
 
 of a reeking Atmofphere -, fitting down,' Side 
 by Side, with Beggary and Ignorance ; and 
 familiarly inftrucling Wretches, whofe Ward- 
 robe and whofe Table is eftimated at nothing 
 beyond Rags and fome crude Potatoes. 
 
 All this, my Lords, would, queftionlefs, 
 be very kind and meritorious, for the Sake 
 of the Gofpel of CHRIST, and of thofe his 
 lowly Creatures, whom he hath ordained, 
 however, to Life and Immortality. But, ftill, 
 it might take fome Time before Gentlemen, 
 of exalted Erudition and Converfation, could 
 adapt themfelves to the Apprehenfion of the 
 wholly Illiterate. And, in all Events, our 
 Proteftant Clergy muft want the two Handles, 
 of that Cardinal Rudder , by which the Popifh 
 Priefthood fleer their People at Pleafure ; to 
 wit, Abfolutinn, for their open Admittance to 
 Heavea ; and Penance, fpr the Chaftifement 
 of their Tranfgreflions upon Earth. 
 
 We Lawyers, my Lords, are apt to ima- 
 gine that a due Execution, of Statutes and 
 Ordinances, might anfwer all the Ends of 
 civil Government, and keep the World in 
 fufficient Subjection and Order. But this is 
 widely far from being the Fact. There are 
 thoufands of Inftances, in which the Wicked 
 may trefpafs upon the Rule of Right, and 
 yet keep clear of all civil Ordinances that 
 ever were, or can be enjoined. And, were 
 there no internal and confcious. Senfe, that 
 prompted us to Good, and checked us, in pur 
 Bropenfity and Courfe to Evil i had we no 
 
 Regard
 
 Regard to GOD, to FUTURITY, to DUTY, 
 Mankind, in Spight of Laws, would become 
 the Kind of Devils. 
 
 If you, my Lord Chief Baron Intereft, and 
 you, my Lord Chief Juftice Reafon, had any 
 Concerns in Ireland, as Mr. Juftice Clemency 
 and I have ; I afk, would ye chufe that Irijb 
 Papifts mould continue, as they now are, 
 erroneous indeed, but pious and peaceable? 
 Or would ye, rather, \vilh them diverted of 
 all Religion, and confequently of all religious 
 Errors and Prejudices, Strangers to the Fear 
 of God, and Enemies to the Peace of Man ? 
 
 If nothing, however, is wanting but that 
 thefe People mould, either pioufly or pro- 
 fefledly, conform to the Religion eflablimed 
 by Law in thefe Kingdoms, I will (hew you, 
 my Lords, the fhorteft and fureft of all Roads 
 to this deferable Refting-P'lace. 
 
 Wherever we conceive a Prejudice agamft 
 the Perfon of any One, we, in Confequence, 
 conceive a Prejudice againft his Principles ; 
 and Reafon, itfelf, will not appear reafonable, 
 from the Mouth of any Man,- or Set of Men, 
 whom we look upon as our Enemies. 
 
 This, my Lords, is the Cafe of the Ca- 
 tholics of Ireland. They look upon us as 
 Enemies, as well to their civil Interefls as re- 
 ligious Opinions ; and this gives them an e- 
 qual Prejudice to our Perfons and Principles, 
 and mainly helps to continue them obftinate 
 in Error. Give them Caufe, then, to think 
 us Friends to their civil Interefts, and they 
 U a will
 
 ( 232 ) 
 
 will no longer be averfe to our religious Opi- 
 nions ; they will liften, they will like, and, in 
 Time, they will reform. 
 
 AND NOW, my Lords, as the Good of 
 Society is the only rational End and Intent of 
 all Laws; where any Laws, on Experience^ 
 are found detrimental to that very Society, 
 for whofe Emolument they were enacted ; can 
 Wifdom make it a Queftion, whether they 
 fhould continue or be repealed ? 
 
 Were Proteflants enriched, and ftrength- 
 ened, and exalted, in Proportion, as Papifts 
 are impoverimed, debilitated, and deprelled. 
 Did we derive any Wealth from their yearly 
 Exportations of the current Cafh of that 
 Kingdom. Did we derive any Safety from 
 their Difcontent and Difaffection. Did we 
 gain any Power, by their being divided from 
 us, while they are continued among us. 
 Were our national Products encreafed by 
 their Want of Motives to Induflry. Were 
 our Bogs and Waftes better reclaimed by 
 their Want of Incitement to Labour. Were 
 our Coafts the better fecured from foreign 
 Invafion, becaufe two Parts in Three of the 
 Inhabitants of Ireland, are no Way concern- 
 ed in the Defence thereof. Were our internal 
 Dangers lefTened, by giving ourfelves Caufe 
 to be jealous of fuch Numbers. Gould we 
 hope to gain their Friendfhip by the public 
 Ads and Expreflions of our own Diftrufl. 
 Or, could we expect that their having diffe- 
 rent Interests and Attachments would engage 
 
 them
 
 them to wim our Welfare or to promote our 
 Profperity. I would be the firft Man in Ire- 
 land to remonftrate and petition ag^inft the 
 fmalleft Abatement of the Popery Laws. 
 
 But, as a feventy Years Experience hath 
 proved and continues to prove, that the Re- 
 verfe of all fuch happy Confequences is, per- 
 manently, and palpably, and pernicioufly the 
 Facl. I would humbly propofe : That, for 
 the better Security of his Majefty's Crown 
 and Government in the Kingdom of Ireland, 
 by interefting Irijh Catholics in the Guardian- 
 fhip thereof; for flopping the perpetual Drain 
 of the Specie or political Blood of that Nati- 
 on i for deriving Strength to Irtfb Proteftants 
 from the good Will and Afliftance of Irijb 
 Papifts, with whom they are unavoidably 
 though difcontentedly aflbciated; for acquir- 
 ing immediate and inconceivable Opulence to 
 the State from the animated Induftry of two 
 Thirds of the People; for doubling the year- 
 ly and natural Value of Ireland, by giving 
 Papifts an Intereft in the reclaiming of our 
 Lands; for giving them Caufe tooppofeour 
 common Enemies by giving them a common 
 Stake to retain and defend ; for giving them 
 Caufe to contribute to our Profperity by ad- 
 mitting them to a legal Participation there- 
 of; it is humbly propofed, I fay, that our 
 Patriot Legiflature, fo fludious in other Re- 
 fpe&s for the Advancement of their Country, 
 mould make fuch an Abatement or Altera- 
 tion, of the faid difabling Laws, as, to their 
 
 fuperior
 
 fuperior Wifdom and Difcernment fhall ap- 
 pear requifite, for leflening the many Evils 
 that are thereby created; and for reftoring the 
 many Benefits that are thereby fupprefled. 
 
 I had carried my Notes thus far, when I 
 was called away on a very interefting Affair, 
 and cannot fay, whether the Jury brought 
 in a lormal Verdict, or left Matters to the 
 better Judgment of our Legiflature. 
 
 FINIS.
 
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