1828.] The Treaty of Limerick. 



and, foremost among these stands the topic which occupied more than 

 half Sir Francis Burdett's speech the claim of the Catholics to political 

 power under the terms of the "Treaty of Limerick." 



The treaty of Limerick, which was made at the time of the Revolution 

 (on the 3rd of October, 1691) between the Commander of the Forces of 

 William the Third, engaged in the siege of that city, and the Irish troops 

 and residents in the interest of James the Second, shut up in it, consists of 

 two lists of articles, those regulating the civil, and those belonging to the 

 military capitulation ; and it is the provisions of the first branch only 

 that need be described for the purpose of our present discussion. 



The first article, which is the most important one, we shall extract 

 fully ; it runs as follows : " The Roman Catholics of this kingdom shall 

 enjoy such privileges in the exercise of their religion as are consistent 

 with the laws of Ireland, or as they did enjoy in the reign of King 

 Charles the Second. And their Majesties, as soon as their affairs will 

 permit them to summon a Parliament in this kingdom, will endeavour to 

 procure the said Roman Catholics such further security in that par- 

 ticular as may preserve them from any disturbance on account of their 

 religion/' 



The second article, which is of considerable length, and which it will 

 be sufficient for us to describe, differs from the first in not applying itself 

 to the Roman Catholics of the kingdom generally. Its provisions are 

 distinctly stated to extend only to " the inhabitants or residents of Lime- 

 rick, or of any other garrisons now in possession of the Irish, and to 

 soldiers in arms for King James, and those under their protection." 

 And these persons, who are afterwards repeatedly referred to as " the 

 parties comprised in the second article of the treaty," (and therefore 

 obviously meant to be distinguished from those provided for in the first), 

 are to enjoy " all their estates of freehold and inheritance, and all the 

 rights, titles, privileges, and immunities, which they enjoyed in the 

 reign of Charles the Second ;" with full liberty to use and pursue " all 

 their respective trades, callings, and professions/' on submitting, within 

 a given period, and taking the oath of allegiance to King William. 



The third and fourth articles of the treaty extend the same terms 

 described in the second, to all merchants, or reputed merchants, of any 

 place in the counties of Clare and Kerry, or any garrison then held by 

 the Irish, then absent or abroad, on condition of their returning to Ire- 

 land, and taking the oath of allegiance within the period of eight months. 

 And the same privilege is granted to three particular Irish officers, 

 named in the article. 



The fifth article provides that all persons comprised in the second and 

 third articles shall have a pardon for all offences, and be freed from pro- 

 secutions for misdemeanors or other acts done by them since the begin- 

 ning of the reign of King James the Second. And the sixth article 

 extends the same indemnity for injuries done to private property, such 

 as " the seizing of goods," &c. during the war. 



The remaining articles (with the exception of one, which we shall 

 notice hereafter) are unimportant. 



Now, even assuming that this treaty were capable of bearing the 

 construction which some members of the Catholic body are pleased to 

 put upon it, we have no hesitation to declare that we should consider it 

 as wholly worthless at the present day in support of the Catholic claims. 

 The " nullum tempus occurrit regi," and the " nullum tempus fidei publicce," 

 if they are " old maxims of law," as Sir Robert Inglis thinks, are among 

 M. M. New Series. Vol. V. No. 30. 4 L 



