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whose lands were confiscated without compensation and who were only given the choice of death or the galleys.
At the Restoration some effort was made to undo the injustice of the Cromwellian confiscations. But the matter was one of great difficulty. In many cases land had been allotted by Cromwell in payment for money received; in others the grantees had sold their holdings to purchasers who had paid in cash, regarding the original grant as indefeasible. A reconfiscation of such lands would obviously have worked a great injustice; and it is a common maxim of law that between two claimants each with a good title the one in possession is to be preferred. Still it cannot be said that the decisions of the Royal Commissioners were always equitable according to our ideas; for instance, the award of 80,000 acres to the Duke of York (afterwards James II) of land which had been forfeited under Cromwell because the owner had fought for his father, would be hard to justify on any possible grounds. Still, an Act of Settlement was passed, by which a certain amount of justice was done; it is difficult to arrive at the figures accurately, but it appears that after the passing of the Act nearly one-third of the Island was vested in Roman Catholic proprietors. Archbishop King estimated that at the time when he was writing-1689-two-thirds of the Protestant landowners held their estates under the Act of Settlement. And Lecky says, "Only an infinitesimal portion of the soil belongs to the descendants of those who possessed it before Cromwell." But Archbishop King was influenced by the fear he had felt as to what the effect of a repeal of the Act would be; and there can hardly be a doubt that his feelings led him to overestimate the number. With regard to Lecky's remark, one can only take it as a strange instance of a gross exaggeration having crept into a book which is usually careful and accurate. It may be that the statement was not very incorrect according to the evidence the author had before him; but if so, that only proves that the evidence was wrong; for the proceedings in the Land Courts which have been set up in Ireland during the last half century have shown that the proportion of titles to estates which date from an earlier period was far larger than people had supposed.
During the peaceful and tolerant reign of Charles II the country made steady progress.
Under James II, however, everything was reversed. That unhappy monarch, having ascended the throne tranquilly, with many protestations of toleration and justice to all, succeeded in less than two years in making it clear to the people of England that his object was to confine liberty to those who professed his own creed and that his idea of good government was something like that which was then existing in France and Savoy. Driven from Great Britain, on his arrival in Ireland he issued a proclamation declaring that his Protestant subjects, their religion, privileges and properties were his especial care; and he had previously directed the Lord Lieutenant to declare in Council that he would preserve the Act of Settlement inviolable. But the Protestants soon had reason to fear that his promises were illusory and that the liberty which might be allowed to them would be at best temporary. In a word, what the one party looked forward to with hope and the other with dread was "a confederacy with France which would make His Majesty's monarchy absolute."
In order to understand what that meant, to Irish Protestants, it is well to glance at the condition of France at the time. Louis XIV had begun by directing that the Edict of Nantes was to be interpreted by the strictest letter of the law; and soon after that the condition of the Huguenots became more unhappy than that of the Irish Roman Catholics ever was during the penal laws. The terrible "Dragonnades" commenced in 1682; soldiers were billeted on heretics, and unfortunate women were insulted past endurance; Huguenots were restricted even as to holding family prayers; children at the age of seven were encouraged to renounce their faith, and if they did so they were taken from their parents who, however, were obliged to pay for their maintenance in convent schools. Protestant churches were closed, and their endowments handed over to Roman Catholic institutions. Huguenot children were forbidden all education except the most elementary. No heretic was allowed to sue a Catholic for debt. All this, however, did not satisfy the monarch or his ecclesiastical advisers. On the 18th of October 1685, he issued his famous Revocation of the Edict of Nantes:-
"We by the present Edict which is perpetual and irrevocable, revoke the Edict given at Nantes in 1583 together with every concession to the Protestants of whatever nature they be. We will that all temples of that religion be instantly demolished. We prohibit our Protestant subjects to assemble for worship in any private house. We prohibit all our lords to exercise that religion within their fiefs under penalty of confiscation of property and imprisonment of person. We enjoin all ministers of the said faith to leave the kingdom within fifteen days of the publication of this Edict, under penalty of the galleys. We enjoin that all children who shall be born henceforth be baptized by the Catholic curates. Persons awaiting the enlightening grace of God may live in our kingdom unhindered on account of their religion on condition that they do not perform any of its exercises or assemble for prayer or worship under penalty of body and wealth."
This Edict met with cordial approval from the Catholic party in France. The famous Madame de Sevigné wrote: "I admire the king for the means he has devised for ruining the Huguenots. The wars and massacres of former days only gave vigour to the sect; but the edict just issued, aided by the dragoons, will give them the coup de grace."
The Irish Protestants saw with alarm that amongst the soldiers who came from France to aid King James were some who had taken an active part in the dragonnades organized by Louis XIV in order to carry out his edict. Then one Act was passed by the Dublin Parliament repealing the Act of Settlement; and by another 2,461 persons were declared guilty of high treason unless they appeared before the Dublin authorities on a certain day and proved they were not guilty. What steps King James was prepared to take in order to subdue the rebels of Derry who held out against him can be gathered from the proclamation which he directed Conrade de Rosen, his Mareschal General, to issue. He warned the rebels that if they did not surrender immediately, all the members of their faction, whether protected or not, in the whole neighbourhood, would be brought close to the walls of the city and there starved to death; that he would ravish the countryside, and see that no man, woman or child escaped; and that if the city still held out he would give no quarter and spare neither age nor sex, in case it was taken by force.
Even if there had been no Derry to relieve and no Protestants in other parts of the country, the conquest of Ireland was a political necessity to King William. England was at this time in much the same position that it had been in the days of Elizabeth, substituting the name France for Spain. The continental powers were again united in a supreme effort to stamp out Protestantism, and England once more stood almost alone. In Spain and Portugal, heresy was of course still punishable with death; the Pope had celebrated the Revocation of the Edict of Nantes with a triumphal Te Deum; a terrible persecution was raging not only throughout the Protestant districts of France but also on the Rhine, in Hungary, Savoy and the Alpine Valleys; if Ireland had remained a separate kingdom ruled by the ally and admirer of Louis XIV, the next step would certainly have been an invasion of England by the joint forces of France and Ireland. All that we in modern times include in the term "religious liberty" hung on the issue of the battle that was fought and won on the banks of the Boyne.
CHAPTER V
THE PERIOD OF THE PENAL LAWS
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