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who is a Master of Arts in some English university, than if all that we knew about him was, that he had a fifth of the profits of the living. The object is, to fix a good clergyman in a parish. The law will not trust the non-resident rector to fix both the price and the person; but fixes the price, and then leaves him the choice of the person. Our plan is, to fix upon the description of person, and then to leave the price to find its level; for the good price by no means implies a good person, but the good person will be sure to get a good price.

Where the living will admit of it, we have commonly observed that the English clergy are desirous of putting in a proper substitute. If this be so, the bill is unnecessary; for it proceeds on the very contrary supposition, that the great mass of opulent clergy consult nothing but economy in the choice of their curates.

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

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

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

"Illacrymabiles

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

of curates, and willing to do it for less than the statutory minimum.

If there be a competition of rectors for curates, it is quite unnecessary and absurd to make laws in favour of curates. The demand for them will do their business more effectually than the law. If, on the contrary (as the fact plainly is), there is a competition of curates for employment, is it possible to prevent this order of men from labouring under the regulation price? Is it possible to prevent a curate from pledging himself to his rector, that he will accept only half the legal salary, if he is so fortunate as to be preferred among an host of rivals, who are willing to engage on the same terms? You may make these contracts illegal : What then? Men laugh at such prohibitions; and they always become a dead letter. In nine instances out of ten, the contract would be honourably adhered to; and then what is the use of Mr. Percival's law? Where the contract was not adhered to, whom would the law benefit?-A man utterly devoid of every particle of honour and good faith. And this is the new species of curate, who is to reflect dignity and importance upon his poorer brethren! The law encourages breach of faith between gambler and gambler; it arms broker against broker:- but it cannot arm clergyman against clergyman. Did any human being before, ever think of disseminating such a principle among the teachers of Christianity? Did any ecclesiastical law, before this, ever depend for its success upon the mutual treachery of men who ought to be examples to their fellowcreatures of everything that is just and upright?

We have said enough already upon the absurdity of punishing all rich rectors for non-residence, as for a presumptive delinquency. A law is already passed, fixing what shall be legal and sufficient causes for non-residence. Nothing can be more unjust, then, than to punish that absence which you admit to be legal. If the causes of absence are too numerous, lessen them; but do not punish him who has availed himself of their existence. We deny,

CATHOLICS. (E. REVIEW, 1808.)

History of the Penal Laws against the
Irish Catholics, from the Treaty of
Limerick to the Union. By Henry Par-
nell, Esq. M.P.

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

however, that they are too numerous. [ on the subject of pocketing unearned There are 6000 livings out of 11,000 in emoluments, that we have no doubt the the English church under 80l. per annum: moral irritability of this servant of the many of these 201., many 30l. per Crown will speedily urge him to a annum. The whole task of education species of reform, of which he may be at the university, public schools, private the object as well as the mover. families, and in foreign travel, devolves upon the clergy. A great part of the literature of their country is in their hands. Residence is a very proper and necessary measure; but considering all these circumstances, it requires a great deal of moderation and temper to carry it into effect without doing more mischief than good. At present, however, the torrent sets the other way. Every lay plunderer, and every fanatical coxcomb, is forging fresh chains for the English clergy; and we should not be surprised, in a very little time, to see them absenting themselves from their benefices by a kind of day-rule, like prisoners in the King's Bench. The first bill, which was brought in by Sir William Scott,—always saving and excepting the power granted to the bishops, is full of useful provisions, and characterised throughout by great practical wisdom. We have no doubt but that it has, upon the whole, improved the condition of the English church. Without caution, mildness, or information, however, it was peculiarly unfortunate to follow such a leader. We are extremely happy the bill was rejected. We have seldom witnessed more of ignorance and error stuffed and crammed into so very narrow a compass. Its origin, we are confident, is from the Tabernacle; and its consequences would have been, to have sown the seeds of discord and treachery in an ecclesiastical constitution, which, under the care of prudent and honest men, may always be rendered a source of public happiness.

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

We do not understand what is meant in this country by the notion, that a measure, of consummate wisdom and imperious necessity, is to be deferred for any time, or to depend upon any contingency. Whenever it can be made clear to the understandings of the great mass of enlightened people, that any system of political conduct is necessary to the public welfare, every obstacle (as it ought) will be swept One glaring omission in this bill away before it; and as we conceive it we had almost forgotten to mention. to be by no means improbable, that the The Chancellor of the Exchequer has country may, ere long, be placed in a entirely neglected to make any provision situation where its safety or ruin will for that very meritorious class of men, depend upon its conduct towards the the lay curates, who do all the business Catholics, we sincerely believe we are of those offices, of which lazy and non- doing our duty in throwing every posresident placemen receive the emolu-sible light on this momentous question. ments. So much delicacy and con- Neither do we understand where this science, however, are here displayed passive submission to ignorance and

error is to end. Is it confined to religion? or does it extend to war and peace, as well as religion? Would it be tolerated, if any man were to say, "Abstain from all arguments in favour of peace; the court have resolved upon eternal war; and, as you cannot have peace, to what purpose urge the necessity of it?" We answer, — that courts must be presumed to be open to the influence of reason; or, if they were not, to the influence of prudence and discretion, when they perceive the public opinion to be loudly and clearly against them. To lie by in timid and indolent silence, to suppose an inflexibility, in which no court ever could, under pressing circumstances, persevere, and to neglect a regular and vigorous appeal to public opinion, is to give up all chance of doing good, and to abandon the only instrument by which the few are ever prevented from ruining the many.

-

It is folly to talk of any other ultimatum in government than perfect justice to the fair claims of the subject. The concessions to the Irish Catholics in 1792 were to be the ne plus ultra. Every engine was set on foot to induce the grand juries in Ireland to petition against further concessions; and, in six months afterwards, government were compelled to introduce, themselves, those further relaxations of the penal code, of which they had just before assured the Catholics they must abandon all hope. Such is the absurdity of supposing, that a few interested and ignorant individuals can postpone, at their pleasure and caprice, the happiness of millions.

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

We are by no means convinced, that the decorous silence recommended

upon the Catholic question would be rewarded by those future concessions, of which many persons appear to be so certain. We have a strange incredulity where persecution is to be abolished, and any class of men restored to their indisputable rights. When we see it done, we will believe it. Till it is done, we shall always consider it to be highly improbable — much too improbable to justify the smallest relaxation in the Catholics themselves, or in those who are well-wishers to their cause. When the fanciful period at present assigned for the emancipation arrives, new scruples may arise. fresh forbearance be called for — and the operations of common sense be deferred for another generation. Toleration never had a present tense, nor taxation a future one. The answer which Paul received from Felix, he owed to the subject on which he spoke. When justice and righteousness were his theme, Felix told him to go away, and he would hear him some other time. All men who have spoken to courts upon such disagreeable topics, have received the same answer. Felix, however, trembled when he gave it; but his fear was ill directed. He trembled at the subject he ought to have trembled at the delay.

Little or nothing is to be expected from the shame of deferring what it is so wicked and perilous to defer. Profligacy in taking office is so extreme, that we have no doubt public men may be found, who, for half a century, would postpone all remedies for a pestilence, if the preservation of their places depended upon the propagation of the virus. To us, such kind of conduct conveys no other action than that of sordid avaricious impudence:

it puts to sale the best interests of the country for some improvement in the wines and meats and carriages which a man uses - - and encourages a new political morality which may always postpone any other great measure- and every other great measure, as well as the emancipation of the Catholics.

We terminate this apologetical preamble with expressing the most earnest

hope that the Catholics will not, from no other oath is to be tendered to the any notion that their cause is effectu- Catholics who submit to King William, ally carried, relax in any one constitu- than the oath of allegiance. These tional effort necessary to their purpose. and other articles, King William ratiTheir cause is the cause of common fies for himself, his heirs and successors, sense and justice :- the safety of Eng-as far as in him lies; and confirms the land and of the world may depend same, and every other clause and matter upon it. It rests upon the soundest therein contained. principles; leads to the most important consequences; and therefore cannot be too frequently brought before the notice of the public.

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

The book before us is written by Mr. Henry Parnell, the brother of Mr. William Parnell, author of the Historical Apology, reviewed in one of our late Numbers; and it contains a very well-written history of the penal laws enacted against the Irish Catholics, In 1695, the Catholics were deprived from the peace of Limerick, in the reign of all means of educating their children, of King William, to the late Union. at home or abroad, and of the privilege Of these we shall present a very short, of being guardians to their own or to and, we hope even to loungers, a read-other persons' children. Then all the able abstract.

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

By the various articles of this treaty, they are to enjoy such privileges in the exercise of their religion, as they did enjoy in the time of Charles II.: and the King promises, upon the meeting of Parliament, "to endeavour to procure for them such further security in that particular, as may preserve them from any disturbance on account of their said religion." They are to be restored to their estates, privileges, and immunities, as they enjoyed them in the time of Charles II. The gentlemen are to be allowed to carry arms; and VOL. I.

Catholics were disarmed-and then all the priests banished. After this (probably by way of joke), an act was passed to confirm the treaty of Limerick, the great and glorious King William totally forgetting the contract he had entered into, of recommending the religious liberties of the Catholics to the attention of Parliament.

On the 4th of March, 1704, it was enacted, that any son of a Catholic who would turn Protestant, should succeed to the family estate, which from that moment could no longer be sold, or charged with debt and legacy. On the same day, Popish fathers were debarred, by a penalty of 500l., from being guardians to their own children. If the child, however young, declared himself a Protestant, he was to be delivered immediately to the custody of some Protestant relation.-No Protestant to marry a Papist.-No Papist to purchase land or take a lease of land for more than thirty-one years. If the profits of the lands so leased by the Catholic amounted to above a certain rate settled by the act,-farm to belong to the first Protestant who made the discovery.-No Papist to be in a line of entail; but the estate to pass on to the next Protestant heir, as if the Papist were dead. If a Papist dies K

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to provide Protestant watchmen;-and not to vote at vestries.

In the reign of George II., Papists were prohibited from being barristers. Barristers and solicitors marrying Papists, considered to be Papists, and subjected to all penalties as such. Persons robbed by privateers, during a war with a Popish prince, to be indemnified by grand jury presentments, and the money to be levied on the Catholics only. No Papist to marry a Protestant; any priest celebrating such a marriage to be hanged.

During all this time there was not the slightest rebellion in Ireland.

In 1715 and 1745, while Scotland and the north of England were up in arms, not a man stirred in Ireland; yet the spirit of persecution against the Catholics continued till the 18th of his present Majesty; and then gradually gave way to the increase of knowledge, the humanity of our Sovereign, the abilities of Mr. Grattan, the weakness of England struggling in America, and the dread inspired by the French revolution.

In 1709, Papists were prevented from holding an annuity for life. If any son of a Papist chose to turn Protestant and enrol the certificate of his conversion in the Court of Chancery, that court is empowered to compel his father to state the value of his property upon oath, and to make out of that property a competent allowance to the son, at their own discretion, not only for his present maintenance, but for his future portion after the death of his father. An increase of jointure to be enjoyed by Papist wives, upon their conversion. -Papists keeping schools to be prosecuted as convicts.-Popish priests who are converted to receive 30l. per annum. Rewards are given by the same act for the discovery of Popish clergy; 50l. for discovering a Popish bishop; Such is the rapid outline of a code 201. for a common Popish clergyman; of laws which reflects indelible disgrace 101. for a Popish usher! Two justices upon the English character, and exof the peace can compel any Papist plains but too clearly the cause of that above 18 years of age to disclose hatred in which the English name has every particular which has come been so long held in Ireland. It would to his knowledge respecting Popish require centuries to efface such an impriests, celebration of mass, or Papist pression; and yet, when we find it schools. Imprisonment for a year fresh, and operating at the end of a if he refuses to answer. - Nobody few years, we explain the fact by every can hold property in trust for a Catho- cause which can degrade the Irish, lic.-Juries, in all trials growing out and by none which can remind us of of these statutes, to be Protestants.- our own scandalous policy. With the No Papist to take more than two ap-folly and the horror of such a code prentices, except in the linen trade.All the Catholic clergy to give in their names and places of abode at the quarter-sessions, and to keep no curates.-Catholics not to serve on grand juries. In any trial upon statutes for strengthening the Protestant interest, a Papist juror may be peremptorily challenged.

In the next reign, Popish horses were attacked and allowed to be seized for the militia.-Papists cannot be either high or petty constables. No Papists to vote at elections.-Papists in towns

before our eyes, with the conviction of recent and domestic history, that mankind are not to be lashed and chained out of their faith, we are striving to teaze and worry them into a better theology. Heavy oppression is removed; light insults and provocations are retained; the scourge does not fall upon their shoulders, but it sounds in their ears. And this is the conduct we are pursuing, when it is still a great doubt whether this country alone may not be opposed to the united efforts of the whole of Europe. It is

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