"5. We shall inquire into the precedents and opinions of the learned in the laws relating to this matter, with observations thereon.
"6. We shall consider the reasons and arguments that may be further offered on one side and t'other; and we shall draw some general conclusions from the whole."
The English Parliament took alarm at these bold doctrines, seldom heard across the channel since the days of Patrick Darcy and the Catholic Confederacy. They ordered the book to be burned by the hands of the common hangman, as of "dangerous tendency to the crown and people of England, by denying the power of the King and Parliament of England to bind the kingdom and people of Ireland, and the subordination and dependence that Ireland had, and ought to have, upon England, as being united and annexed to the imperial crown of England." They voted an address to the King in the same tone, and received an answer from his majesty, assuring them that he would enforce the laws securing the dependence of Ireland on the imperial crown of Great Britain.
But William's days were already numbered. On the 8th of March, 1702, when little more than fifty years of age, he died from the effects of a fall from his horse. His reign over Ireland is synonymous to the minds of that people of disaster, proscription and spoliation; of violated faith and broken compacts; but these wrongs were done in his name rather than by his orders; often without his knowledge, and sometimes against his will. Rigid as that will was, it was forced to bend to the anti-Popery storm which swept over the British Islands after the abdication of King James; but the vices and follies of his times ought no more be laid to the personal account of William than of James or Louis, against whom he fought.
CHAPTER XI.
REIGN OF QUEEN ANNE.
The reign of Queen Anne occupies twelve years (1702 to 1714. The new sovereign, daughter of James by his first marriage, inherited the legacy of William's wars, arising out of the European coalition. Her diplomatists, and her troops, under the leadership of Marlborough, continued throughout her reign to combat against France, in Spain, Germany, and the Netherlands; the treaty of Utrecht being signed only the year before her majesty's decease. In domestic politics, the main occurrences were the struggle of the Whigs and Tories, immortalized for us in the pages of Swift, Steele, Addison, and Bolingbroke; the limitation of the succession to the descendants of the Electress Sophia, in the line of Hanover; and the abortive Jacobite movement on the Queen's death which drove Ormond and Atterbury into exile.
In Ireland, this is the reign, par excellence, of the penal code. From the very beginning of the Queen's reign, an insatiate spirit of proscription dictated the councils of the Irish oligarchy. On the arrival of the second and last Duke of Ormond, in 1703, as Lord-Lieutenant, the Commons waited on him in a body, with a bill "for discouraging the further growth of Popery," to which the duke having signified his entire concurrence, it was accordingly introduced, and became law. The following are among the most remarkable clauses of this act: The third clause provides, that if the son of an estated Papist shall conform to the established religion, the father shall be incapacitated from selling or mortgaging his estate, or disposing of any portion of it by will. The fourth clause prohibits a Papist from being the guardian of his own child; and orders, that if at any time the child, though ever so young, pretends to be a Protestant, it shall be taken from its own father, and placed under the guardianship of the nearest Protestant relation. The sixth clause renders Papists incapable of purchasing any manors, tenements, hereditaments, or any rents or profits arising out of the same, or of holding any lease of lives, or other lease whatever, for any term exceeding thirty-one years. And with respect even to such limited leases, it further enacts, that if a Papist should hold a farm producing a profit greater than one-third of the amount of the rent, his right to such should immediately cease, and pass over entirely to the first Protestant who should discover the rate of profit. The seventh clause prohibits Papists from succeeding to the properties or estates of their Protestant relations. By the tenth clause, the estate of a Papist, not having a Protestant heir, is ordered to be gavelled, or divided in equal shares between all his children. The sixteenth and twenty-fourth clauses impose the oath of abjuration, and the sacramental test, as a qualification for office, and for voting at elections. The twenty-third clause deprives the Catholics of Limerick and Galway of the protection secured to them by the articles of the treaty of Limerick. The twenty-fifth clause vests in her majesty all advowsons possessed by Papists.
Certain Catholic barristers, living under protection, not yet excluded from the practice of their profession, petitioned to be heard at the bar of the House of Commons. Accordingly, Mr. Malone, the ancestor of three generations of scholars and orators, Sir Stephen Rice, one of the most spotless characters of the age, formerly chief-justice under King James, and Sir Theobald Butler, were heard against the bill. The argument of Butler, who stood at the very head of his profession, remains to us almost in its entirety, and commands our admiration by its solidity and dignity. Never was national cause more worthily pleaded; never was the folly of religious persecution more forcibly exhibited. Alluding to the monstrous fourth clause of the bill, the great advocate exclaimed:—
"It is natural for the father to love the child; but we all know that children are but too apt and subject, without any such liberty as this bill gives, to slight and neglect their duty to their parents; and surely such an act as this will not be an instrument of restraint, but rather encourage them more to it.
"It is but too common with the son, who has a prospect of an estate, when once he arrives at the age of one and twenty, to think the old father too long in the way between him and it; and how much more will he be subject to it, when, by this act, he shall have liberty, before he comes to that age, to compel and force my estate from me, without asking my leave, or being liable to account with me for it, or out of his share thereof, to a moiety of the debts, portions, or other encumbrances, with which the estate might have been charged before the passing of this act!