THE SPEECH DELIVERED BY ROBERT JEPHSON, Eſq On the 11th of FEBRUARY, 1774, In the Debate on the COMMITTING HEADS OF A BILL, FOR ‘The better Encouragement of Per⯑ſons profeſſing the Popiſh Religion to become Proteſtants, and for the further Improvement of the Kingdom.’
JOHN FOSTER, Eſq in the Chair.
DUBLIN: PRINTED BY JAMES HOEY, JUN. AT THE MERCURY IN PALIAMENT-STREET. M,DCC,LXXIV.
HAVING, through your in⯑dulgence, peruſed a manu⯑ſcript, which, from its ſubſtance, ſhould become the property of the public; it is a great ſatisfaction, to find that the Author hath been [iv]prevailed upon to yield it up.— No ſubject can be more important, than one which involves the happi⯑neſs of our country: none in which miſtakes can be more fatal.—The internal intereſts of IRELAND, lye within a ſmall compaſs; the employ⯑ment of our people in uſeful induſ⯑try, and ſecurity to individuals in the purſuit of it. On this principle it was, that our penal laws, became lately a matter of conſideration in our own HOUSE OF COMMONS, and certainly no ſubject at preſent, re⯑quires to be more fully diſcuſſed.— [v]One gentleman in particular, diſtin⯑guiſhed himſelf in the debate, and pronounced the Speech, now happily drawn (through your hands) from the Shades of the cloſet. On the day of its being delivered, it made an impreſſion, where impreſſion ſhould begin. The contents flew rapidly from the Houſe to the people, and became the principal topic of every converſation. The Speaker's great powers gave ſplendor to argu⯑ment, and ſuſpicion could not fall on eloquence, when it was ſeen that every ray of illumination, converged [vi]to a ſingle point; to the good of his country.——Taking political philo⯑ſophy for his guide, he could not loſe his way;—in that way he could not walk alone, but collected the united powers of the heart and head, to lead others into it. His abun⯑dance bore on his hearers, like a torrent, which confirmed habits of thinking could hardly reſiſt.— He ſhewed; he proved, that the proſperity of this nation can never be obtained from the depreſſion of two thirds of the people, born to labour, and who muſt be deſtitute [vii]of every convenience of life without it.—That the improvement of this country cannot be expected from men virtually forbid by law to em⯑prove; from men limited in landed tenures, and from tenures limited in profit.
BUT the truths delivered, and the truths implied in the Speech itſelf, muſt come very faintly from the delineation of a common hand. They will be exhibited by you, Sir, in their full luſtre, from the colouring of a great maſter, who has already freed ſome, from the captivity of pre⯑occupation, [viii]and taught them to ſub⯑ſtitute knowledge to opinion; as a preliminary to the ſubſtitution of confidence to jealouſy.—This ſurely is beginning well, before the pre⯑ſcription of neceſſity comes too late, for re-eſtabliſhing a ſickly public.
THE Queſtion at preſent before us may be conſidered in two lights, either as a ſcheme for induc⯑ing Papiſts to contribute to the [2]population and improvement of corporate towns, by allowing them to take lots for building; or, to the cultivation of the country in general, by permitting them to have ſmall portions of land, with a more advantageous tenure in their leaſes than they were before entitled to, from the circumſcriptions they labour under, in conſequence of the ſeveral ſtatutes in force againſt them: or, the Bill may be conſi⯑dered as one ſtep towards the par⯑tial repeal of a body of laws, which [3]have been eſteemed by ſome, as one of the principal barriers of our civil and religious conſtitutions.
IN the firſt view, 'tis certainly an object of ſome conſequence; in the ſecond, of the utmoſt mag⯑nitude. —The arguments which have been offered in favour of the Bill, as an expedient for ef⯑fecting the deſirable purpoſe held forth in it's title, and in the con⯑templation of my worthy friend Note: place="foot" n="*" H—s L—ſhe, Eſq. who introduced it, have been [4]ſufficient to convince me, that, there is no danger of prejudice to the eſtabliſhed intereſt of Ireland by our paſſing it into a law: eſpe⯑cially, when there are ſuch prudent regulations in regard to the power of deviſe: therefore, Sir, I ſhall not take up your time by a repetition of reaſons which you have heard already, with much greater weight to the ſame point, from other gen⯑tlemen; but I beg your indulgence, while I deliver my ſentiments on this ſubject in a more comprehenſive [5]view than it will admit of, if con⯑tracted to the narrow bottom of the firſt ſimple conſideration.
As I intend to give my vote in favour of the Bill, 'tis a great ſa⯑tisfaction to me, to find it admitted on all ſides, that, the laws of Ireland againſt Popery are in many reſpects inconſiſtent with true religion and rectitude, not to be juſtified in ſe⯑veral inſtances on ſpiritual or moral principles, but as they firſt ſprung from neceſſity, can beſt be ſup⯑ported [6]by the predominancy of that plea only.
THERE is, Sir, no principle of natural juſtice more clear, no pre⯑cept of moral policy more evident, than, that the rigour of penal ſta⯑tutes ought not to extend beyond the bounds abſolutely neceſſary for the maintenance and good order of ſociety; when they tranſgreſs ſuch limits, every foundation of reliance between the legiſlature and the people, is ſhaken: ſuch laws be⯑come [7]the terror, not the protection of the ſubject; he walks under them, not as under the friendly roof which is to ſhelter him from the furious ſtorm of wild unbridled outrage, but, like the tottering wall that every moment may cruſh him by its caſual ruin; accident, not juſtice, is his deliverer; nor can he boaſt, that, committing no offence, he fear⯑ed no puniſhment; his miſerable conſolation is, that, with innocence at his ſide, he had the good for⯑tune to eſcape it.—As natural [8]juſtice is the principle, common be⯑nefit is the end of ſtate penalties. Let the dreary tracts of deſolate and uncultivated territory, in every pro⯑vince of your kingdom, proclaim how this end has been defeated by your penal ſtatutes againſt Popery; the huſbandman will not turn up the earth, nor the ſower put down the grain, when they know another is to reap the fruits of their toil and induſtry.—Bleſſed, Sir, as this iſland is by fertility of ſoil and tem⯑perature of climate, we have often [9]endeavoured to inveſtigate the cauſes of its partial barrenneſs and depo⯑pulation. Sometimes we complain, that our relative and dependent ſitu⯑ation on a too powerful neighbour, has dried up the ſprings of induſtry; ſometimes we ſay, the rigorous ex⯑actions of our landlords damp all vigour and exertion in the in⯑ferior claſſes of our peaſantry: and ſometimes, with liſtleſs deſpondency, we ſupinely acquieſce under the lazy reproach of national ſloth and inac⯑tivity: but, we carefully avert our [10]eyes from theſe acts of our fore⯑fathers, more prohibitory than the jealous and illiberal policy of a ſiſter country, more fraught with oppreſſion than the unfeeling rapa⯑city of our many-acred landholders, more productive of inertneſs than the unmerited character of national indolence.
WE muſt ſpeak with deference of theſe laws, while they are yet in being; but, were they once annul⯑led, humanity would exult over [11]their abrogation: it would ſay, they were unlike all other legal promul⯑gations; not the bridle, but the ſpur to wickedneſs; tempting, not re⯑ſtraining the moſt dangerous paſſi⯑ons; encouraging, not chaſtiſing the worſt tranſgreſſions. The juriſpru⯑dence of other civilized governments knows them not; the univerſal in⯑ſtinct of nature diſclaims them. Can the partial code of any community, or of the greateſt nation, drown the univerſal voice of nature; or can volumes of parchment confront her [12]ordinances? Divine and natural pre⯑cepts ſay, ‘Honour him who gave you being:’the popery laws of Ireland ſay, ‘Betray and beggar him.’ —To knit more cloſely the endearing ties of private faith and of domeſtic ſecurity, has been the fa⯑vourite aim of every poliſhed legiſ⯑lature: this angry code makes them the objects of ſcrutiny, and the prey of the informer: it ranſacks the oeconomy of families, excites the in⯑tereſt of the ſon againſt his filial duty, converts the brother into a [13]ſpy; nay, the marriage-bed (that laſt aſſylum of repoſe and tenderneſs) it diſturbs with perpetual apprehen⯑ſions of diſcovery and ſeparation.
IT is a maxim, Sir, and a ſound one, that the ſtrict execution of every unrepealed law, is the part of clemency and wiſdom. How is this conſiſtent with our policy? The pledge of our ſecurity, we are told, is, that theſe laws may be always put in execution; the boaſt of our humanity is, that they are ſeldom [14]executed. For my part, Sir, I know little diſference between the appre⯑henſion and the exiſtence of a dan⯑ger. The worſt of every evil is the fear. I would rather be pierced at once to the Heart, than have the ſword of the tyrant for ever ſuſpend⯑ed over me.
THERE is alſo, Sir, another maxim, equally incontrovertible with the former. That, clemency ought rather to reſide in a body of laws, than in the private feeling of [15]any individual. Our penal ſyſtem againſt Popery is harſh and reſtric⯑tive to the utmoſt extent of unſan⯑guinary rigour. It riſes ſtatute after ſtatute, and clauſe after clauſe, to the conſummation of legiſlative ſeverity. The unhappy objects of this code are ſometimes obliged to the inadvertency, ſometimes to the indolence, often to the humanity of their orthodox brethren; but the letter and ſpirit of the edict are their deadly enemies, and under this ſanc⯑tion, intereſt, or revenge, caprice or [16]malignity may gorge and riot to the ſating of every appetite.
It is true, Sir, our market places don't as formerly blaze with the fires of martyrdom, ſcaffolds do not reek with noble blood, nor are gibbets loaded with human carcaſſes; and as the bloody ſpirit of paſt times is ſpent, ſo is the enthuſiaſtic. Bigo⯑try, the diſeaſe of weak minds, and ſuperſtition, the diſgrace of true piety, are now rarely to be found, even in convents or in cloyſters, [17]though they abound in the annals of former ages, but not in our expe⯑rience, nor amongſt our contempo⯑raries. What is the complaint of churchmen all over Europe? not, that the laity are wedded to parti⯑cular tenets and doctrines, and are ready with unſhaken conſtancy to commute the world for conſcience; but that Religion has loſt it's ſtrong graſp on the minds of all men, and that decency, or cuſtom at beſt, are become it's lukewarm ſubſtitutes. The reaſon, Sir, is obvious. The [18]pompous glare and pageantry of the Romiſh ritual were well calculated for the ages of ignorance and dark⯑neſs, when it had greateſt preva⯑lence. Captivated by gawdy pro⯑ceſſions, and allured by the enchant⯑ments of harmony, the deluſion of the ſenſes was often miſtaken for the conviction of the underſtanding; and as it anſwered every purpoſe of a proud and ambitious hierarchy, was long ſubſtituted for, and made the teſt of devotion. But theſe ſacred ſarces have been too often [19]exhibited, the very externals of re⯑ſpect to theſe pious mummeries are now enforced by the ſecular autho⯑rity; nor can the ſuppoſed real pre⯑ſence of the Deity, that moſt exalted myſtery of their holy profanation, extort a genuflexion, till the fixed bayonet of the ſoldier commands the unwilling reverence.—I myſelf have ſeen it.
The amenability of our fellow⯑ſubjects, of a different communion, has been often urged in their favour, [20]and has as often been overturned by the ſteady perſeverance of their de⯑termined opponents. Againſt a demeanour, on their part loyal, ſub⯑miſſive and dutiful, for now near an hundred years, are produced two or three meagre examples of petulance and contumacy among the very re⯑fuſe of their people. Againſt a great principle of humanity and national policy, are ſtarted a remote appre⯑henſion, and a poſſible inconvenience, and we are inſtructed to conclude, that, as terror, not conviction, has [21]wrought their ſubmiſſion and our ſafety, it would be a ſpecies of vir⯑tual ſuicide to relax any thing of our former ſeverity; nay, we ſhould ra⯑ther ſwell the maſſey volume of premunires, amercements, commina⯑tions and interdicts.
But in my judgment, Sir, we fruſtrate all hopes of uniformity, by miſtaking the means of converſion. —The mild genius of toleration every day makes proſelytes, it heaps coals of fire on reſiſtance and pre⯑judice, [22]and melts them down to ac⯑quieſcence and conformity. Perſe⯑cution animates diſobedience, and multiplies the refractory. Is the ſpirit of Popery weak and timorous? Subdue it not with pains, nor frighten it by penalties. Is it acrimonious, perſevering, vindictive?—Give not rancour the eternal food of gall⯑ing ſtatutes, and ignominious cir⯑cumſcriptions. Take a link or two from the heavy iron load of theſe legal fetters, and bind your fellow⯑ſubjects by the gentler ties of grati⯑tude [23]and affection.—In what hiſ⯑tory of any country has it been found, that perſecution rooted out religious hereſies, or terrified men into the pale of eſtabliſhment? In none that I have read or heard of. Non-conformiſts mingle peaceably and amicably with other members of whatever ſtate they live in, till the blaſt of intolerance drives them toge⯑ther. Then they ſeparate from the ſtate, then ſelf-preſervation ſets them on contrivance, then they grow diſ⯑contented and unhappy; no wonder [24]they ſhould become deſperate and dangerous.—But after all, Sir, 'tis not the mode of faith, 'tis not the ceremonial of worſhip, 'tis not the point of controverſy, 'tis the point of honour that reſiſts your confiſca⯑tions, pains, and penalties. 'Tis not the diſciple of Calvin, nor the worſhipper of ſaints and idols; 'tis not the religioniſt, but the MAN, who kindles againſt menaces and dangers.
OUR anceſtors paſſed ſuch laws, becauſe they were neceſſary. Their [25]times required them. That neceſſity is over, thoſe times are altered. The Royal Succeſſion and the religion of theſe countries is eſtabliſhed beyond the power of ſubverſion. Our So⯑vereign reigns in the intereſts and in the hearts of his people, while the deſtitute pretender to his right wanders from court to court, the burden of every petty ſtate, and the outcaſt of every powerful. The for⯑mer adherents to his line, wretched themſelves and friendleſs, ſcarce re⯑member his name, but by their af⯑flictions, and with a contemptuous [26]retroſpect to his baffled projects for royalty. Our Monarch gives laws to Europe; kingly diadems have receiv⯑ed ſtipends and ſubſidies from his bounty and his opulence, while the houſe of Stuart can hardly obtain a ſubſiſtance from their charity. What could not be effected when theſe principles were in their bloom and vigour, when intereſt, revenge, ca⯑pacity, and power united in the quarrel, and ranked under the ſame banners; will it now be attempted, when ſuch claims are antiquated and ſuch diſtinctions forgotten?
[27] WHEN the body of Jacobitiſm has long been laid quietly in the duſt, ſhall the wiſdom of Parliament realize the fears of childhood and tremble at its apparition?
No man, Sir, is more inclined than I am to pay all due deference to the wiſdom of our fore-fathers, and to the ſanctity of preſcription; but never were laws of this nature framed without ſome tincture of the times they paſſed in. Subſequent experience matures and mellows what was crude and undigeſted in earlier determinations. We ſurely, [28]Sir, miſtake our duty, and relin⯑quiſh one of the moſt valuable rights of Parliament, if we ſuppoſe any antecedent law is too ſacred for modern touch, and that theſe eſpe⯑cially, like old medals, will loſe their value, if the venerable ruſt of antiquity is rubbed off by the handling. Can it, Sir, be a dange⯑rous innovation, to attempt the mitigation of laws, which have had already all the effect and opera⯑tion they were intended to pro⯑duce? Laws, of which the acri⯑mony only remains while the ſpirit [29]is evaporated. Is it an inſtance of ſhort ſighted policy to attach three fourths of the community to the preſervation of the whole? When we have failed to induce them by principle, to try what can be effected by intereſt?—To make the coun⯑try they inhabit dear to our fellow ſubjects, by ſome more rational tye than the fortuitous circumſtance of its being the place of their nativity. Is it an unconſtitutional endeavour to diffuſe the bleſſings of a mild and beneficent government to every order and diſtinction of the people? A [30]government, the immunities of which become every day more precious in this country, from the excellent character of that incomparable perſon into whoſe hands is delegated its executive authority. Is it raſh and un⯑adviſed, to convert diſcontent into ſatisfaction, poverty into opu⯑lence, ſloth into induſtry, and in⯑difference to the commonwealth into zeal for the general proſperity? —This Bill, and every one of a ſimilar tendency, are ſo many ſteps [31]to ſuch deſireable purpoſes: as ſuch, I hope, we ſhall advance to meet it. This Bill does not give to Papiſts the poſſeſſion or the uſe of arms, which may be wielded againſt the religion or the liberty of Proteſtants. It does not inveſt them with the offices of ſtate, or with the powers of government: It allows them no coercive authority over the con⯑ſcience or the property of the re⯑formed. It only induces them, by a permanent and valuable depoſit, to diſpenſe that wealth they have earned by induſtry, to the improve⯑ment [32]of a country, where hitherto, Sir, they have ſojourned but as ſtrangers. It gives them a freight in the general veſſel, to whoſe wreck or proſperity they were before in⯑different. It ſecures their co-opera⯑tion by their partnerſhip, and grap⯑ples their allegiance by their intereſt.