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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.)