CHAPTER VII.

THE INDEPENDENT PARLIAMENT. THE REGENCY QUESTION. THE COMMENCEMENT OF THE REBELLION.

That Ireland increased in prosperity rapidly towards the end of the eighteenth century, there is no doubt. Politicians will say that this prosperity came from the increased powers gained by the Parliament in 1782; economists will reply that that had little if anything to say to it; far more important causes being the abolition of trade restrictions and the relaxation of the Penal Laws, which encouraged people to employ their money in remunerative works at home instead of having to send it abroad. It may sound somewhat Hibernian to mention the rise in rents, as another cause of prosperity; yet anyone who knows Ireland will admit that it is not impossible; and it was certainly put forward gravely by writers of the period who were by no means biassed towards the landlord interest. Thus McKenna, writing in 1793, says:-

"In several parts of Ireland the rents have been tripled within 40 years. This was not so much the effect as the cause of national prosperity; ... before the above-mentioned period, when rent was very low and other taxes little known, half the year was lavished in carousing. But as soon as labour became compulsory, fortunes have been raised both by the tenantry and landlords, and civilization has advanced materially."

There was also another cause of prosperity, which modern economists cannot look on with much favour. It was the policy of the Irish Government to grant enormous bounties for the development of various industries, especially the growth of corn. This no doubt gave much employment, promoted the breaking up of grass lands, the subdivision of farms and the erection of mills; and so long as the price of corn was maintained, brought much prosperity to the country, and thus was indirectly one cause of the enormous increase of population, which rose from about 2,370,000 in 1750, to about 4,500,000 in 1797. But when, during the nineteenth century, prices fell, the whole structure, built on a fictitious foundation, came down with a crash.

Not long after the Irish Parliament had acquired its independence, a controversy arose which, although it had no immediate result, yet was of vast importance on account of the principle involved. The king became insane. It was necessary that there should be a Regent, and it was obvious that the Prince of Wales was the man for the post. But the British constitution contained no provision for making the appointment. After much deliberation, the English Parliament decided to pass an Act appointing the Prince Regent and defining his powers, the Royal assent being given by Commission. The two houses of the Irish Parliament, however, without waiting for the Prince to be invested with the Regency in England, voted an address to him asking him to undertake the duties of Regent, without naming any limitations. As the king recovered almost immediately, the whole matter ended in nothing; but thoughtful men realized what was involved in the position which the Irish Parliament had taken up. Grattan's resolution was to the effect that in addressing the Prince to take upon himself the government of the country the Lords and Commons of Ireland were exercising an undoubted right and discharging an indispensable duty to which in the emergency they alone were competent. By the Act of Henry VIII the King of England was ipso facto King of Ireland. An Irish Act of William and Mary declared that the Crown of Ireland and all the powers and prerogatives belonging to it should be for ever annexed to and dependent on the Crown of England. And the Act of 1782 made the Great Seal of Great Britain necessary to the summoning of an Irish Parliament and the passing of Irish Acts. Now did the words "King" and "Crown" merely refer to the individual who had the right to wear a certain diadem, or did they include the chief executive magistrate, whoever that might be-King, Queen or Regent? It was ably contended by Lord Clare that the latter was the only possible view; for the Regent of Great Britain must hold the Great Seal; and so he alone could summon an Irish Parliament; therefore the Irish Parliament in choosing their Regent had endangered the only bond which existed between England and Ireland-the necessary and perpetual identity of the executive. If the Irish Parliament appointed one person Regent and the English Parliament another, separation or war might be the result; and even as it was, the appointment of the Prince with limited powers in England and unlimited in Ireland, must lead to confusion. But more than that; suppose that the House of Brunswick were to die out, and another Act of Settlement were to become necessary, might not the Irish Parliament choose a different sovereign from the one chosen by England? Constitutional lawyers recollected that such a difficulty nearly arose between Scotland and England, but was settled by the Act of Union; and that it was the recognition of Lambert Simnel by the Irish Parliament that was the immediate cause of the passing of Poyning's Act; and saw what the revived powers of the Irish Parliament might lead to.

Although the Parliament had now become independent, there was still nothing like a responsible ministry as we now understand it, and the government managed to maintain its control, partly by the peculiar composition of the Parliament (to which I have already referred), and partly by the disposal of favours. And it cannot be denied that the Parliament passed much useful legislation. Two questions, however, were now coming forward on which the whole political condition of the country depended, and which were closely entwined with one another. The first was the reform of the legislature, so as to make the House of Commons a really representative body; the second was the final abolition of the Penal Laws. As to reform, the Parliament was naturally slow (did any political assembly in the world ever divest itself of its own privileges without pressure from without?); but as to the abolition of the Penal Laws there was a cordiality which is remarkable, and which is seldom referred to by the Nationalist writers of the present day when they discourse about the Penal Laws. With regard to social matters-such as admission to Corporations, taking Degrees at the University, and holding medical professorships,-there was hardly any hesitation; the political question, however, was more difficult. In both England and Ireland at that time a forty-shilling freehold gave a vote. That was a matter of slight importance in England, as the number of small freeholders was limited, land being usually let for a term of years. In Ireland, however, the ordinary arrangement was for peasants to hold their scraps of land for life; and land having recently increased in value enormously, a large proportion of these were of the value of forty shillings. Hence, the whole constituency would be altered; thousands of new electors, all of them poor and illiterate, would be added in many constituencies; and the representation of the country would at once pass into Roman Catholic hands. To fix a higher qualification for Roman Catholics than for Protestants would be not to abolish but to perpetuate the Penal Laws; to deprive the existing voters of the franchise was out of the question; hence the franchise was granted but not without considerable hesitation on the part of the more thoughtful members. On the other hand it was urged with great force that to give these privileges to the uneducated mass but to continue the disabilities of the Roman Catholic gentry by not allowing them to sit in Parliament was absurd. The proposal to abolish the religious test in the case of Members of Parliament was, however, defeated.

Looking back, with the light of later history to aid us, it is interesting to see how much more correct were Lord Clare's predictions of the future than Grattan's. Grattan (as I have already explained), taking his ideas from his lay friends among the cultured classes, and seeing the decline of the Papal influence on the continent, considered that anyone who regarded Popery as a political influence of the future totally misunderstood the principles which then governed human action; for controverted points of religion (such as belief in the Real Presence) had ceased to be a principle of human action. He maintained that the cause of the Pope, as a political force, was as dead as that of the Stuarts; that priestcraft was a superannuated folly; and that in Ireland a new political religion had arisen, superseding all influence of priest and parson, and burying for ever theological discord in the love of civil and religious liberty. Clare, who was not only a shrewder observer but a much more deeply read man, realized that in order to find out what would guide the Roman Catholic Church in the future one must look not at the passing opinions of laymen but at the constitution of the Church; he foresaw that if the artificial supports which maintained the Protestant ascendancy were removed, the mere force of numbers would bring about a Roman Catholic ascendancy; and in enumerating the results of that he even said that the time would come when the Church would decide on all questions as to marriage.

In order to show how far Lord Clare's expectations have been verified, I will quote, not the words of an Orange speaker or writer, but of an eminent Roman Catholic, the Rev. J.T. McNicholas, O.P., in his recently published book on "The New Marriage Legislation" which, being issued with an Imprimatur, will be received by all parties as a work of authority. He says:-