CHAPTER V.

THE PERIOD OF THE PENAL LAWS.

The flight of James II brings us to the era of the "penal laws." To

one who lives in the twentieth century and is embued with the spirit

of modern thought, the whole subject is more than painful--it is

detestable. But to pass it over in silence is impossible; and in order

to get a clear view of the position it is necessary to examine

what the penal laws were, what they were not, and what were the

circumstances of the time during which they were in force.

The penal laws were a series of enactments carefully planned so as to

harass the Roman Catholics at every moment of their lives, in the hope

of inducing them to abandon their religion. The unhappy people were

prohibited from becoming or voting for members of Parliament; they

were excluded from corporations, the army, the navy and the legal

profession. They were forbidden to bear arms, or even to possess a

horse worth more than £5. Education was denied to them, as they could

not send their sons to the university and were forbidden either to

have schools of their own in Ireland or to send their children abroad.

They were not allowed to possess freehold estates in land, and even as

to leaseholds they were seriously restricted. On the death of a Roman

Catholic his estate was divided amongst his children equally, unless

the eldest son became a Protestant, in which case he inherited the

whole. And as no Roman Catholic was allowed to act as a guardian, a

man never knew that if he should die his children might not be brought

up in a faith that he detested. The performance of Roman Catholic

worship was barely tolerated, as no bishops or other dignitaries were

allowed to remain in Ireland, and the only priests authorized to

say mass were those who were "registered" and had taken the oath of

abjuration--that is, an oath declaring that the Pretender had no right

to the throne.

Such in brief were those terrible statutes. But without attempting

to excuse them, there are various matters which must be taken into

account if we are to judge them fairly. In the first place, the

political aspect of the question should not be forgotten. The

Protestant minority might justly fear that if the Roman Catholic party

were as powerful as their numbers would naturally cause them to be,

they would aid in bringing about a French invasion for the restoration

of the Stuarts and the re-establishment of the system which had been

in evidence under James II. An army was actually formed in France, and

on more than one occasion was in readiness to start. The Stuarts were

regarded by the Pope as the rightful sovereigns. The Roman Catholic

prelates whose entry into Ireland was forbidden were appointed by

the Pretender and were his political agents; it was that fact, and no

doctrinal reason, that caused their expulsion. It is necessary to make

this quite clear, as there has been as much exaggeration on this point

as on most other subjects connected with Irish history. The words of

the "oath of abjuration" were as follows:

"I do solemnly and sincerely declare that I do believe in my

conscience that the person pretended to be Prince of Wales

during the life of the late King James and since his decease

taking upon himself the style and title of King of England by

the name of James III hath not any right or title whatever to

the crown of this realm."

A modern Roman Catholic writer has thus described the oath:--

"By the Oath of Abjuration the priest was ordered to swear

that the sacrifice of the mass and the invocation of the

Blessed Virgin and the saints were damnable and idolatrous. In

other words, the priest was ordered to apostatize, or fly for

his life."

And even if Roman Catholics took the oath of allegiance, the old

difficulty arose as to the papal right to depose princes and to order

their subjects to rebel. So late as 1768, when a declaration was drawn

up which it was hoped the leaders of the Roman Catholic party would

sign, so that the penal laws might be finally done away with, the

Papal Nuncio vetoed the proposal because the declaration contained a

reprobation of the doctrines that faith need not be kept with heretics

and that if the Pope banned a sovereign his subjects might depose and

slay him. It is but fair to add, however, that a large number of Roman

Catholics did sign the declaration; and the penal laws (which had been

relaxed from time to time when it was seen that the Irish took no

part in the Stuart rebellions of 1715 and 1745) were soon afterwards

practically abolished.

Then it must be borne in mind that the Irish penal laws, although

to some extent modelled on the legislation of Louis XIV against the

Huguenots, were absolutely insignificant compared with those which

were in force at the time in every Roman Catholic country in Europe.

Galling though the Irish laws were, they never went so far as to

make the mere holding of heretical opinions criminal. Thus no one in

Ireland was ever put to death for believing in transubstantiation;

whereas in one diocese of Portugal 20,000 people were sent to the

stake for denying it. As every one who has visited the Madrid picture

gallery will recollect, it was still the custom in the eighteenth

century for the King of Spain to preside in state at the burning of

heretics; and it was not until that century was drawing to a close

that it was for the first time enacted in Portugal that sentence of

death for heresy when passed by the ecclesiastical court should not be

carried into effect unless the order was countersigned by the king. In

France, for two or three heretics to meet for worship anywhere (their

churches had of course all been pulled down) was a crime punishable

with death; and any Huguenot caught whilst attempting to escape from

the country was sent to the galleys--a fate worse than mere death,

for it meant death by slow torture. And every child was forcibly

taken from its heretic parents at the age of five, and educated in a

convent.

But more than that: Roman Catholics who fled from the tyranny of the

penal laws at home had no scruple, when they reached the Continent, in

taking part in persecutions far more terrible than anything they had

seen in Ireland. During the dragonnades in Languedoc, Louis XIV's

Irish brigade joined eagerly in the butchery of old men, women

and children and the burning of whole villages. The same heroes

distinguished themselves by destroying everything they could find in

remote Alpine valleys so that the unfortunate Waldenses might die of

starvation. And the Irish troops under Lord Mountcashel aided in the

burning of 1,000 villages in the Palatinate of the Rhine, in which

all the inhabitants--men, women and children--were slain by the sword,

burnt to death, or left to perish from hunger. These persecutions were

practically brought to an end by the French Revolution and the rise

of modern ideas; but the ecclesiastical authorities, though they

have lost their power, have shown no sign of having changed their

principles. Even in the middle of the nineteenth century King Victor

Emmanuel was excommunicated by Pope Pius IX for allowing his Vaudois

subjects to build a church for themselves at Turin.

Of course it may be said with perfect truth that two blacks do not

make one white. Still, the constant complaints about the tyranny of

the penal laws have less force when they come from the representatives

of a party who acted in the same way themselves whenever they had the

opportunity.

It is indeed frequently urged as a matter of aggravation that whereas

other persecutions were those of a minority by a majority, this was of

a majority by a minority. To me, so far as this makes any difference

at all, it tells the other way. As a matter of morality, I fail to

see any difference; putting all the inhabitants of an Alpine valley

to death as heretics does not seem to me one whit the less horrible

because the sovereign also ruled a large Catholic population on

the plains. On the other hand, the fact that the Roman Catholics

in Ireland formed the majority of the population prevented the

persecution from being strictly carried out. It was comparatively

easy for Louis XIV to surround a heretic district with a cordon of

soldiers, and then draw them closer together searching every house as

they went, seizing the clergy and taking them off to the galleys; but

it was impossible to track unregistered priests through the mountains

and valleys of Munster. Hence the law as to the registration of

priests soon became a dead letter.

There was indeed one great difference, between Irish and continental

persecution. On the continent it was the holiest and best men who were

the keenest persecutors. (This may seem strange to modern readers;

but anyone who has studied the lives of Bossuet and San Carlo Borromeo

will admit that it is true.) Hence the persecution was carried out

with that vigour which was necessary to make it a success. In Spain,

if a heretic under torture or the fear of it consented to recant, the

Holy Office was not satisfied with a mere formal recantation; for the

rest of his life the convert was watched day and night to see that

there was no sign of back-sliding; and even the possession of a

fragment of the New Testament was considered as sufficient evidence

of a relapse to send the wretched man to the stake. Consequently, in a

generation or two heresy became as extinct as Christianity did amongst

the Kabyles of North Africa after the Mohammedan persecution. In

Ireland, however, persecution was always against the grain with

religiously-minded Protestants. Seven bishops protested against the

first enactment of the Penal Laws; and during the period when they

were in force, the bishops repeatedly spoke and voted in favour of

each proposed mitigation of them. (With this one may contrast the

action of the French bishops who on the accession of Louis XVI in

1774 presented an address to the new king urging him to increase the

persecution of the Huguenots which had become somewhat slack during

the later years of his predecessor. By the irony of fate the same men

were a few years later pleading vainly for the mercy which they had

never shown in the days of their power.) Nor was this tolerant feeling

confined to the bishops. By the aid of the Protestant gentry, the laws

were continually being evaded. Protestants appointed by the Court as

guardians of Roman Catholic children, used to carry out the wishes of

the Roman Catholic relations; Roman Catholic proprietors frequently

handed over their estates to Protestant friends as Trustees, and,

though such Trusts were of course not enforceable at law, there were

very few instances in which they were not faithfully performed. Many

strange stories are told of the evasions of the Acts. On one occasion

whilst it was still illegal for a popish recusant to own a horse of

a greater value than £5, a man met a Roman Catholic gentleman who

was riding a handsome horse; he held out £5 in one hand, and with the

other caught hold of the bridle. The rider, naturally infuriated at

this, struck the man with his whip so heavily that he fell down dead.

When he was tried for murder, the judge decided that as the man had

laid a hand on the bridle, the rider had reason to suppose that he

intended to take it as well as the horse, which would have been

an illegal act; consequently he was justified in defending himself

against highway robbery; and therefore the charge must be dismissed.

Again, a Roman Catholic proprietor found out that an effort was likely

to be made to deprive him of his estate. He rode up to Dublin on a

Saturday; on Sunday he received the Holy Communion at a Protestant

Church; on Monday he executed a deed transferring his estate to a

Protestant friend as Trustee; on Tuesday he was received back into

the Church of Rome; and on Wednesday he rode home again, to enjoy his

estate free from further molestation.

The schools which were founded in order to convert the rising

generation were a strange contrast to the admirably conducted

institutions established in France and Spain for a similar purpose.

They were so disgracefully mismanaged that the pupils who had passed

through them looked back on everything that had been taught them there

with a lifelong disgust.

It is needless to say that laws thus carried out were a dead failure

as far as winning converts was concerned. On the other hand, they

became in one sense the more galling as the enforcement of them fell

into the hands of a low class of informers who had no object beyond

making money for themselves. Still, public feeling was so strong that

by the middle of the century the laws had almost fallen into abeyance.

Brook, writing in 1762, says: "Though these laws are still in force,

it is long since they have been in action. They hang like a sword by a

thread over the heads of these people, and Papists walk under them in

security and peace; for whoever should adventure to cut this thread

would become ignominious and detestable." And in 1778 and 1782 (that

is, when, as an Irish Roman Catholic writer has pointed out, there was

still neither toleration nor peace for Protestant populations in any

Catholic state in Europe) the Irish Protestant Parliament formally

repealed nearly all the penal laws.

Probably their most lasting effect was that relating to the tenure

of land. If free purchase and sale regardless of religion had been

allowed throughout the eighteenth century, one may conjecture that

the effect of the Cromwellian confiscations would long since have died

away. But these laws perpetuated that peculiar state of things which

has been the cause of so much unhappiness in Ireland--the landlords

generally belonged to one religion, and their tenants and dependents

to another.

It may be asked, As these odious laws all came to an end generations

ago, what is the good of recalling the sorrows of the past which had

much better be forgotten? I reply, None whatever; and very glad I

should be if the whole subject were quietly dropped. But unfortunately

that is just what the Roman Catholic party in Ireland will not do. One

of the ways in which religious animosity is being kept alive (and I

regret to say is being steadily increased) is by the teaching in

the Roman Catholic schools of exaggerated accounts of the penal laws

without referring to any of the mitigating circumstances. Even in the

present year--1913--the Lenten pastoral of one of the bishops goes

back to the same old subject. If other countries acted in a similar

manner, how could the grievances of bygone centuries ever be

forgotten? The Jews, cruelly treated though they were during the time

of the Norman kings, do not harp on the subject in England to-day. It

may be doubted whether all the religious persecutions of Europe

put together were as great a disgrace to Christendom as the slave

trade--in which, I am ashamed to say, England strove to obtain the

pre-eminence amongst European nations and which she forced upon her

colonies against their will. Yet I should regret it deeply if that

were the one passage of history selected for study in the schools and

colleges for coloured pupils in the West Indies at the present day.

When a man who has suffered wrong in former years broods over it

instead of thinking of his present blessings and his future prospects,

one may be sure that he is a man who will not succeed in life; and

what is true of individuals is true also of nations.

The expression "Protestant ascendancy," although it never came into

use during the period with which we are dealing, has so frequently

since then been employed with reference to it, that it is necessary

to explain its meaning. Probably no word in the English language

has suffered more from being used in different senses than the word

"Protestant." In Ireland it frequently used to be, and still sometimes

is, taken as equivalent to "Anglican" or "Episcopalian"; to an

Irishman of the last century it would have appeared quite natural to

speak of "Protestants and Presbyterians," meaning thereby two distinct

bodies. This is a matter of historical importance; for so far from

the Presbyterian element being favoured during the period of the Penal

Laws, the English Toleration Act had not been extended to Ireland;

Presbyterians were by the sacramental test excluded from all municipal

offices; their worship, though never in practice interfered with,

remained technically illegal. Their share in "Protestant ascendancy"

was therefore very limited.

But if the Established Church was the one favoured body, it had to pay

dearly for its privileges. In truth, the state of the Irish Church

at this period of its history, was deplorable. All the positions of

value--bishoprics, deaneries and important parishes--were conferred

on Englishmen, who never resided in their cures, but left the duties

either to be performed by half-starved deputies or not at all. Many

of the churches were in ruins, and the glebes had fallen into decay;

a union of half-a-dozen parishes would scarcely supply a meagre

salary for one incumbent. A large proportion of the tithes had been

appropriated by laymen; how small a sum actually reached the clergy

is shown by the fact that the first-fruits (that is, the year's income

paid by incumbents on their appointment) did not amount to more than

£500 a year in all. It may be that the standard of religious life

was not lower in Ireland than it was in England when the

spiritually-minded non-Jurors had been driven out and Hanoverian

deadness was supreme; but in England there was no other Church to form

a contrast. In Ireland the apathy and worldliness of the Protestant

clergy stood out in bold relief against the heroic devotion of the

priests and friars; and at the time when the unhappy peasants, forced

to pay tithes to a Church which they detested, were ready to starve

themselves to support their own clergy and to further the cause of

their religion, the well-to-do Protestant graziers and farmers were

straining the law so as to evade the payment of tithes, and never

thought of doing anything further to support the Church to which they

were supposed to belong. (It is but fair, however, to state that

this condition of things has long since passed away; the Evangelical

revival breathed new life into the dry bones of Irish Protestantism.)

But it was not merely in religious matters that Ireland suffered

during this melancholy period. Students of modern history whose

researches usually commence with the early part of the nineteenth

century, are wont to gather from text-books the idea that the policy

of the manufacturing party in England has always been liberal,

progressive and patriotic; whereas that of the landed interest has

been retrograde and selfish. There cannot be a greater delusion.

English manufacturers have been just as self-seeking and narrow-minded

as other people--no more and no less; they have been quite as ready

to sacrifice the interests of others when they believed them to be

opposed to their own, as the much-abused landowners. At this time

every nation in Europe regarded the outlying portions of the Empire

as existing only for the benefit of the centre; in fact, the English

development of the "Colonial System" even then was more liberal than

those of Spain or Holland. The English system, if perfectly carried

out, was by no means unfair. The ground idea was that the mother

country voluntarily restricted herself in matters of trade for the

benefit of the Colonies, and the Colonies had to do the same for the

benefit of the mother country. Thus, when England refused to admit

timber from the Baltic in order to benefit the Canadian lumber trade;

and placed a prohibitive duty on sugar from Cuba so as to secure the

English market for Jamaica; it was but fair that the trade in other

articles from Canada and Jamaica should be directed to England. To

say that the whole thing was a mistake, as such restrictions really

injured both parties, is no answer, as no one at that time dreamed of

such a thing as free trade. The real answer is that it was impossible

to keep the balance true; some slight change of circumstances might

render that unfair which up to then had been perfectly equal. And

as the English merchants were on the spot and commanded votes in

Parliament, any injustice against them would be speedily rectified;

the colonists living at a distance and having no means of making their

voice heard, would be left to suffer.

In applying the colonial system to Ireland, it is true that in theory

England undertook to protect her by means of the British army and

navy, from foreign foes; but beyond that, the system was to Ireland

all loss and no gain. Every branch of Irish industry was deliberately

ruined by the English Government. By the Navigation Act of 1663, trade

between Ireland and the British Colonies was forbidden; soon after,

the importation of Irish beef, mutton, pork and butter into

England was prohibited; then, at the request of the English woollen

manufacturers, the export of woollen goods from Ireland to any country

was stopped; and finally, with a refinement of cruelty, the export of

linen articles--the one industry that had hitherto been left to

the unfortunate country--was restricted to the coarsest and poorest

varieties, for fear of offending the Dutch.

The result of all this wretched misgovernment was not merely

destitution bordering on famine, but a wholesale emigration. Whilst

the Roman Catholics were leaving the country to avoid the penal laws,

the most skilful and industrious of the artizan class,--the very

backbone of the nation--were being driven out by the prohibition of

their trades. It is said that no less than 30,000 men were thrown out

of employment by the destruction of the woollen industry alone. These

were nearly all Protestants; to encourage them would have done more to

Protestantize the country than all the penal laws and charter schools

put together; but they were ruthlessly sacrificed to the greed of the

English manufacturers. Some went to the Continent, many more to New

England and the other American colonies, where they prospered, and

they and their sons became some of Washington's best soldiers in the

War of Independence.

It was only natural that thoughtful men in Ireland should cast envious

eyes on Scotland, which had recently secured the benefit of union

with England, and consequently was able to develop her commerce

and manufactures unhindered. But though the subject of a union was

discussed, and even referred to in addresses from the Irish Parliament

to Queen Anne, no active steps were taken.

Still, in considering these commercial restrictions, as in the case of

the penal laws, we must not lose sight of the fact that the state

of circumstances we are dealing with has long passed away. It is

necessary for a historian to refer to it, even if he finds it hard to

do so in a perfectly dispassionate way; but it is waste of time and

energy for the present generation to go on brooding over woes which

had come to an end before their grandfathers were born. Yet that is

what the Nationalists of to-day are doing. Not long ago, the Old

Boys' Association of an Irish Roman Catholic College resolved, very

laudably, to found an annual prize at their alma mater. The subject

they selected was an essay on the treatment by England of Irish

industries before the year 1800! Had it been a Scotch or a German

College, the subject chosen would probably have been, The progress

in scientific knowledge during the last century, or, Improvements in

means of travel since 1820; and one must ask, which subject of study

is likely to be most profitable to young men who have to make their

way in the modern world?

It may be asked, why did the Irish Parliament do nothing to stay this

national ruin? The answer is that the Irish Parliament possessed very

little power. The Bill of Rights of course did not apply to Ireland;

general elections were very rare, and a large number of members

were paid officers of the Government; the English Parliament had a

co-ordinate power of legislating for Ireland; and since Poyning's Act

(as explained by the declaratory Act of George I) was still in force,

no Bill could be introduced into the Irish Parliament until it had

been approved both by the Irish and the English Councils; and the

Irish Parliament might then pass it or reject it but had no power to

amend it.

And the use which the English Government made of the Irish Parliament

was as disgraceful as their treatment of Irish industries. Miserably

poor though the country was, it was burdened by the payment of

pensions of a nature so scandalous that the English Parliament even of

that period would not have tolerated them.

The conditions of land tenure also added to the miseries of the

country. It is often said that the land belonged to wealthy English

absentees, and the unfortunate occupiers, who had no security of

tenure, were ground down by the payment of exorbitant rents. This is

literally true; but, like most partial statements, misleading. Much

of the land was owned by wealthy Englishmen--which of itself was a

serious evil; but they let it in large farms at low rents on long

leases, in the hope that the occupiers would execute their own

improvements. Instead of that, however, their tenants sublet their

holdings in smaller lots to others; and these subtenants did the same

again; thus there were sometimes three or four middlemen, and the rent

paid by the actual occupier to his immediate landlord was ten times

the amount the nominal owner received. As the rate of wages

was miserably low, and the rent of a cabin and a plot of ground

scandalously high, how the wretched occupiers managed to keep body and

soul together is a mystery. Much has been written about the useless,

dissipated lives of these middlemen or "squireens"; and no doubt it is

to a great extent true, although, like everything else in Ireland, it

has been exaggerated. Travellers have told us of some landlords

who resided on their estates, did their utmost to improve them, and

forbade subletting (in spite of the unpopularity caused by their doing

so). And one of the remarkable features of later Irish history is that

whenever there was a period of acute difficulty and danger there were

always country gentlemen to be found ready to risk their lives and

fortunes or to undertake the thankless and dangerous duties of county

magistrates.

It is curious how close a parallel might be drawn between the way

in which Norman Ireland was Ersefied and that in which Cromwellian

Ireland was Catholicized. Many of those who became large landowners

by the Cromwellian confiscations, having no religious prejudices (some

might say, no religious or humane feelings), when the leases of

their tenants fell in, put the farms up to auction regardless of the

feelings of the occupiers. As the Roman Catholics were content with

a simpler manner of life than the Protestants, they generally offered

higher rents; the dispossessed Protestants, driven from their homes,

joined their brethren in America. Then in the South, the poorer of

Cromwell's settlers, in some cases, neglected by their own pastors,

joined the religion of the majority; in others, intermarrying with the

natives, allowed their children to be brought up in the faith of their

mothers. Hence we arrive at the curious fact that at the present day

some of the most ardent Romanists and violent Nationalists, who are

striving to have the Irish language enforced all over the country,

and pose as the representatives of ancient Irish septs, are really the

descendants of Cromwell's soldiers.

So passed the greater part of the eighteenth century; and the unhappy

country seemed as far off from progress and prosperity as ever.

Is Ulster Right? · 第 5 / 15 章