all the contracting parties, meant only that the Roman
Catholic worship should be tolerated as in time past.
That article was drawn up by Ginkell; and, just before
he drew it up, he had declared that he would rather
try the chance of arms than consent that Irish Papists
should be capable of holding civil and military offices,
of exercising liberal professions, and of becoming
members of municipal corporations. How is it
possible to believe that he would, of his own accord,
have promised that the House of Lords and the House
of Commons should be open to men to whom he would
not open a guild of skinners or a guild of cordwainers?
How, again, is it possible to believe that the English
Peers would, while professing the most punctilious
respect for public faith, while lecturing the Commons
on the duty of observing public faith, while taking
counsel with the most learned and upright jurist of
the age as to the best mode of maintaining public
faith, have committed a flagrant violation of public
faith and that not a single lord should have been
so honest or so factious as to protest against an act
of monstrous perfidy aggravated by hypocrisy?
Or, if we could believe this, how can we believe that
no voice would have been raised in any part of the
world against such wickedness; that the Court of Saint
Germains and the Court of Versailles would have remained
profoundly silent; that no Irish exile, no English
malecontent, would have uttered a murmur; that not
a word of invective or sarcasm on so inviting a subject
would have been found in the whole compass of the
Jacobite literature; and that it would have been reserved
for politicians of the nineteenth century to discover
that a treaty made in the seventeenth century had,
a few weeks after it had been signed, been outrageously
violated in the sight of all Europe?152
On the same day on which the Commons read for the
first time the bill which subjected Ireland to the
absolute dominion of the Protestant minority, they
took into consideration another matter of high importance.
Throughout the country, but especially in the capital,
in the seaports and in the manufacturing towns, the
minds of men were greatly excited on the subject of
the trade with the East Indies; a fierce paper war
had during some time been raging; and several grave
questions, both constitutional and commercial, had
been raised, which the legislature only could decide.
It has often been repeated, and ought never to be
forgotten, that our polity differs widely from those
politics which have, during the last eighty years,
been methodically constructed, digested into articles,
and ratified by constituent assemblies. It grew
up in a rude age. It is not to be found entire
in any formal instrument. All along the line
which separates the functions of the prince from those
of the legislator there was long a disputed territory.
Encroachments were perpetually committed, and, if not
very outrageous, were often tolerated. Trespass,
merely as trespass, was commonly suffered to pass
unresented. It was only when the trespass produced
some positive damage that the aggrieved party stood
on his right, and demanded that the frontier should
be set out by metes and bounds, and that the landmarks
should thenceforward be punctiliously respected.