To describe at length the various Acts which make up what is known as the Penal code--"a code impossible," as Mr. Lecky observed in an earlier work, "for any Irish Protestant whose mind is not wholly perverted by religious bigotry, to look back at without shame and indignation," would take too long. It will be enough, therefore, if I describe its general purport, and how it affected the political and social life of that century upon which we are now entering.
In several respects it not a little resembled what is nowadays known as "boycotting," only it was boycotting inflicted by the State itself. As compared with some of the enactments passed against Protestants in Catholic countries, it was not, it must be said, sanguinary, but its aim seemed to be to make life itself intolerable; to reduce the whole Catholic population to the condition of pariahs and outcasts. No Papist might possess a horse of the value of over £5; no Papist might carry arms; no Papist might dispose as he chose of his own property; no Papist might acquire any landed freehold; no Papist might practise in any of the liberal professions; no Papist might educate his sons at home, neither might he send them to be educated abroad. Deeper wrong, more biting and terrible injury even than these, it sowed bitter strife between father and son, and brother and brother. Any member of a family, by simply turning Protestant, could dispossess the rest of that family of the bulk of the estate to his own advantage. Socially, too, a Papist, no matter what his rank, stood below, and at the mercy of, his Protestant neighbours. He was treated by the executive as a being devoid, not merely of all political, but of all social rights, and only the numerical superiority of the members of the persecuted creed can have enabled them to carry on existence under such circumstances at all.
For it must be remembered (and this is one of its worst features) that those placed under this monstrous ban constituted the vast majority of the whole country. In Burke's memorable words, "This system of penalty and incapacity has for its object no small sect or obscure party, but a very numerous body of men, a body which comprehends at least two-thirds of the whole nation; it amounts to two million eight hundred thousand souls--a number sufficient for the constituents of a great people[13]." "The happiness or misery of multitudes," he adds in another place, "can never be a thing indifferent. A law against the majority of the people is in substance a law against the people itself; its extent determines its invalidity; it even changes its character as it enlarges its operation; it is not particular injustice, but general oppression, and can no longer be considered as a private hardship which might be borne, but spreads and grows up into the unfortunate importance of a national calamity."
[13] "Tracts on the Popery Laws."
As was natural under the circumstances, many feigned conversions took place, that being the only way to avoid been utterly cut adrift from public life. For by a succession of enactments, not only were the higher offices and the professions debarred to Roman Catholics, but they were even prohibited--to so absurd a length can panic go--from being sheriffs, jurymen, constables, or even gamekeepers. "Every barrister, clerk, attorney, or solicitor," to quote again Burke, "is obliged to take a solemn oath not to employ persons of that persuasion; no, not as hackney clerks, at the miserable salary of seven shillings a week." It was loudly complained of many years later, that men used to qualify for taking the oaths required upon being admitted as barristers or attorneys by attending church and receiving a sacramental certificate on their road to Dublin. Others, to save their property from confiscation, sacrificed their inclinations, often what they held to be their hopes of salvation, to the exigencies of the situation, and nominally embraced Protestantism. Old Lady Thomond, for instance, upon being reproached by some stricter co-religionist for thus imperilling her soul, asked with quick scorn whether it was not better that one old woman should burn than that the Thomonds should lose their own. The head of the house would thus often present himself or herself at the parish church, while the other members of the family kept to the old faith, and the chaplain, under the name of the tutor or secretary, celebrated mass in the harness-room or the servants' hall.
To the credit of Irish Protestants it may be said that, once the first violence of fanaticism had died out, there was little attempt to enforce the legal enactments in all their hideous atrocity. According to the strict letter of the law, no Roman Catholic bishop, archbishop, or other dignitary; no monk, nun, or member of any religious fraternity, could set foot in Ireland; and any one who harboured them was liable at the third offence to confiscation of all his goods. A list of parish priests was also drawn up and certified, and their names entered, and when these had died no others were by law allowed to come, any so doing being liable to the penalties of high treason. As a matter of fact, however, they came with very little hindrance, and the succession was steadily kept up from the Continent. The attempt to stamp out a religion by force proved to be the most absolute of failures, although, as no rule is without its exception, it must be added that in England, where exactly the same penal laws were in force, and where the number of Roman Catholics was at the beginning of the century considerable, they dwindled by the end of it almost to the point of extinction. In Ireland the reverse was the case. The number of Roman Catholics, according to the most trustworthy statistics, increased rather than diminished under the Penal code, and there were many more conversions from Protestantism to Catholicism than there were the other way.
This, no doubt, was in great measure due to the neglect with which the scattered Protestant communities were treated, especially in the south and west. The number of Protestant clergymen was extremely small, as many as six, seven, and even ten livings being frequently held by a single individual, and of these many were absentees, and their place filled by a curate. Thus--isolated in a vast Roman Catholic community, often with no church of their own within reach--the few Protestants drifted by a natural law to the faith of their neighbours. On the emphatic and angry testimony of Archbishop Boulter, we know that conversions from Protestantism to Catholicism were in his time extremely common amongst the lower orders. By law, too, no marriage between a Protestant and Catholic was recognizable, yet there were many such, and the children in most cases seem to have reverted to the elder faith.
