The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface.
• Ireland: Social, Political, and Religious. Vol. I: Historical Introduction.
• First Epoch.: From 1169 to 1535.
• Chapter I.
• Sect. I.—: Political Condition of Ireland In the Twelfth Century.
• Sect. II.—: The Still Recent Invasion of the Danes.
• Sect. III.—: Influence of the Court of Rome.
• Chapter II.
• Sect. I.—: Political Condition of the Irish an Obstacle to the Conquest.
• Sect. II.—: Second Obstacle to the Completion of the Conquest: the Relation of the Anglo-norman Conquerors to England, and of England to Them.
• Sect. III. —: Third Obstacle to the Conquest; the Condition Imposed On the Natives By the Conquerors.
• Second Epoch.: From 1535 to 1690.
• Chapter I.: Religious Wars.
• Sect. I.—: How, When England Became Protestant, It Must Have Desired That Ireland Should Become So Likewise.
• Sect. II.—: Of the Causes That Prevented Ireland From Becoming Protestant.
• Sect. III.—: How England Rendered Ireland Protestant—protestant Colonisation—elizabeth and James I.
• Sect. IV.—: Protestant Colonisation—charles I.
• Sect. V.—: Civil War—the Republic—cromwell.
• Sect. VI.—: The Restoration of Charles II.
• Third Epoch,: From 1688 to 1755.
• Chapter I.: Legal Persecution.
• Chapter II.: The Penal Laws.
• Special Character of the Penal Laws.
• Another Special Character of the Penal Laws.
• Legal Persecution Was Not Restrained By the Limits of Law.
• Why Persecutions Continued When Religious Passion Ceased.
• Which of the Penal Laws Were Executed, and Which Not.
• The Whiteboys.
• Fourth Epoch,: From 1776 to 1829. Revival and Enfranchisement of Ireland.
• Chapter I.: Effects of American Independence On Ireland.
• Sect. I.—: First Reform of the Penal Laws, 1778.
• Sect. II.—: Second Effect of American Independence On Ireland, (1778 to 1779.) the Irish Volunteers.
• Sect. III.—: Independence of the Irish Parliament.
• Sect. IV.—: Legal Consequences of the Declaration of Irish Independence.
• Sect. V. 1782.—: Abolition of Certain Penal Laws. Consequences of the Declaration of Parliamentary Independence.
• Sect. VI.—: Continuation of the Volunteer Movement. Convention of 1783.
• Sect. VII.—: Corruption of the Irish Parliament.
• Sect. VIII.—: Is a Servile Parliament of Any Use?
• Chapter II.: The French Revolution—its Effects In Ireland.
• Sect. I.: 1789.
• Sect. II.—: Other Effects of the French Revolution. Abolition of Penal Laws.
• Sect. III.—: Other Consequences of the French Revolution.—re-action.
• Sect. IV.—: French Invasion of Ireland. Insurrection of 1798.
• Consequences of the Insurrection of 1798.— The Union.
• Constitutional and Political Effect of the Union.
• Chapter III.: Catholic Emancipation In 1829.
• First Part: Ireland, Social, Political, and Religious.
• Chapter I.: External Appearance of Ireland. Misery of Its Inhabitants.
• Chapter II.: A Bad Aristocracy Is the Primary Cause of All the Evils of Ireland.—the Faults of This Aristocracy Are, That It Is English and Protestant.
• Section I.: Civil Consequences.
• Section II.: Political Consequences.
• Subsection I.—: The State.
• Subsection II.: Influence of the Same Principle On the Institutions of the County.
• Subsection III.: Influence of the Same Principle In the Municipal Corporations.
• Subsection IV.—: Influence of the Same Principle On the Parish.
• Section III.: Religious Consequences.

Special Character of the Penal Laws.

The more this collection of laws is studied, the more clearly we see that the constant design of the legislator was to attack the Catholics by a double interest; one interest acting to withdraw them from Catholicism, the other to lead them to Protestantism. Persecution is always double-edged—it employs fear and hope, menaces and promises. If terror fails, bribes may succeed.

The peculiarity of these persecuting laws was, that, though political in their consequences, they always contained a principle exclusively religious. Thus it was only because the Irish were Catholics that they were excluded from parliament, the corporations, the elective franchise, and public employments. If they ceased to be Catholics, and abjured their religion, the exclusion ceased. The law did not directly say, “Irish Catholics shall be excluded from parliament;” it expressed itself thus—

“And be it further enacted, that no person shall vote or sit in the House of Lords or House of Commons of Ireland, who shall not first have taken the oaths of allegiance and supremacy, and subscribed a declaration against transubstantiation, the sacrifice of the mass, the idolatry of the church of Rome, the invocation of the Virgin Mary and the saints,” &c.

The greater part of the political laws are conceived in the same terms; the same spirit predominates in the civil laws; the Catholic excluded from property, incapable of purchasing lands, or inheriting by succession, gift, or devise, became on his conversion immediately capable of acquiring property and estate.

We see that these laws were constructed so as to strike obliquely; their blows were indirect, and therefore the more dangerous and treacherous; they did not say, we forbid the Catholics to practise their worship; but they banished the priest, without whom the worship could not be performed. They did not say, no Catholic shall enjoy the benefits of instruction and education, but they inflicted a severe punishment on every Catholic who exercised the profession of a teacher.

Furthermore, if we only look at the surface, we find them apparently full of solicitude for the education of the Catholics. Schools were founded for the education of poor Catholics;* but these schools were Protestant, and Catholics did not want a Protestant education for their children.

It follows that the Catholics were deprived of religious worship and moral instruction, though no law forbade them to worship God according to their conscience, and schools were provided for their education.

There is no real difference between direct and indirect persecution; but the first, more open and frank, has fewer chances of being endured, because it is comprehended by all; the second, not being avowed, escapes the numerous multitudes in every country, who only see what is pointed out to them, and comprehend what is told.

[*]The charter-schools, founded in 1747. These schools were infamously managed, and became perfect nuisances. After many and repeated complaints, their state was investigated by a royal commission, and the parliamentary grants, by which they were chiefly supported, were withdrawn.—Tr.