“The code of law which was designed to transfer the entire soil of Ireland to members of the Established Church, and reduce the Catholics to landless dependents, was finally completed.... By the new act every settlement, every lease on lives, every conveyance made by a Catholic owner since 1704, by which any Protestant or Protestants had been injured,[[104]] was declared void, and the loop-holes were closed by which the act of that year had been evaded. To defeat Protestant heirs, Catholics had concealed the true value of their property. Children were now enabled to compel their fathers to produce their title-deeds and make a clear confession. Catholic gentlemen had pretended conversion to qualify themselves for being magistrates and sheriffs, for being admitted to the bar, or for holding a seat in Parliament, while their children were being bred up secretly in the old faith. The education of their families was made a test of sincerity, and those whose sons were not brought up as churchmen remained under the disabilities.
“Nor, if words could hinder it, were the acts directed against the priests to be any more trifled with. Fifty pounds reward was now offered for the conviction of any Catholic archbishop, bishop, or vicar-general; twenty pounds reward for the conviction of friar, Jesuit, or unregistered parish priest.... It was now made penal for a priest to officiate anywhere except in the parish church for which he was registered, and the last rivet was driven into the chain by the compulsory imposition of the Abjuration Oath, which every priest was made to swear at his registration. As if this was not enough, any two magistrates received power to summon any or every Irish subject above the age of sixteen, to offer him the oath, and to commit him to prison if he refused it. They might also, if he was a Catholic, ask him where he last heard Mass, and by whom it was celebrated. If the priest officiating was found to have been unregistered he was liable to be transported.
“A fatal clause was added that any Protestant whatever who discovered and was able to prove before a Protestant jury the existence of any purchase or lease of which a Catholic was to have secretly the advantage, should himself be put in possession of the property which was the subject of the fraud” (pp. 332–334).[[105]]
Even Mr. Froude cannot help remarking on this last clause that “the evasion of a law so contrived that every unscrupulous scoundrel in Ireland was its self-constituted guardian became impossible”; and he adds with gratifying frankness: “That it was unjust in itself never occurred as a passing emotion to any Protestant in the two kingdoms, not even to Swift, who speaks approvingly of what he deems must be the inevitable result.”
Writing still of the Penal Laws, he says that “the practice of the courts” in regard to them “was a very school of lying and a discipline of evasion. No laws could have been invented, perhaps, more ingeniously demoralizing” (p. 374).
Writing of a period still later in the eighteenth century, after the Protestant emigration and the ruin of Irish trade and industry had been brought about by English legislation, he thus describes the condition of the Irish peasant class, who composed the bulk of the population:
“The tenants were forbidden in their leases to break or plough the soil. The people, no longer employed, were driven away into holes and corners, and eked out a wretched subsistence by potato gardens, or by keeping starving cattle of their own on the neglected bogs. Their numbers increased, for they married early, and they were no longer liable, as in the old times, to be killed off like dogs in forays. They grew up in compulsory idleness, encouraged once more in their inherited dislike of labor, and enured to wretchedness and hunger; and, on every failure of the potato crop, hundreds of thousands were starving.”
Horrible as such a picture is, it is but a faint sketch of the reality. All readers of Irish history know it, and no student of English legislation should forget or pass over that dark chapter in England’s history. Our own readers have seen the whole system vividly sketched in these pages recently in the series of papers on “English Rule in Ireland.” What, in human nature and human possibilities, was to become of a people thus submitted to so long and unbending and systematic a course of degradation? They had nothing left but their faith, and the eternal truth of the promise that this is the victory which overcometh the world; and that our faith shall make us free was never more gloriously and wondrously made manifest than in the case of the Irish people.
Ignorance was made compulsory by this Protestant government. The statute law of Ireland forbade Catholics to open schools or to teach in them. The Irish people, of all peoples, have ever had a craving for knowledge. What was left to them to do?
“The Catholics,” says Mr. Froude, “with the same steady courage and unremitting zeal with which they had maintained and multiplied the number of their priests, had established open schools in places like Killarney, where the law was a dead-letter. In the more accessible counties, where open defiance was dangerous, they extemporized class teachers under ruined walls or in the dry ditches by the roadside, where ragged urchins, in the midst of their poverty, learnt English and the elements of arithmetic, and even to read and construe Ovid and Virgil. With institutions which showed a vitality so singular and so spontaneous repressive acts of Parliament contended in vain.”