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.

Sect. V. 1782.—

Abolition of certain Penal Laws. Consequences of the Declaration of Parliamentary Independence.

The movement of the volunteers, which produced the declaration of independence by the Irish parliament, had two very distinct effects—the one general, which interested all the inhabitants of Ireland, Catholic and Protestant; the other special to the Catholics.

In the first respect, the independence of the Irish parliament, though profitable to all, was especially an advantage to the Protestants, who, being in possession of all social advantages, were the more impatient to acquire a free government. Those who are dying of hunger do not look upon parliamentary independence as a means of getting bread; they are too wretched to envy political rights; their ambition leads them only to the immediate object of their wants, and they do not consider that political liberty is the best instrument for constructing social happiness.

Nevertheless, the Irish parliament, though exclusively Protestant, could not recover its independence without manifesting it by some acts favourable to the Catholics.

Thus, at the same date, (1782, by Act 21 and 22 George III., ch. xxiv.) the laws were abolished which hindered Catholics from acquiring, disposing, selling, purchasing, inheriting, and possessing property like Protestants. This was the completion of the law of 1778; it was the concession of the right of property without restriction; henceforth the Catholic was not a mere tenant on lease, but might be a proprietor like the Protestant.

The law was repealed that prohibited Catholics from possessing a horse of higher value than five pounds, and which permitted the horses of Catholics to be seized in time of war, or in case of invasion. Catholics were, therefore, free to possess any goods or chattels.

The law was repealed that inflicted punishment on a Catholic priest for performing any office according to the ritual of the Catholic church. The only penalty left was for officiating in a chapel with a bell and steeple.

The law was abolished which subjected to imprisonment every Papist who refused to denounce a priest and his assistants for celebrating mass. It was a step to the full toleration of the Catholic worship; the Catholics could not, it is true, perform their worship with pomp and splendour, but still they could pray in silence, according to the forms of their religion. The penalties of imprisonment and transportation denounced against the Catholic priests were repealed.

Finally, the law was revoked which prohibited Catholics from being instructors of youth, and guardians to their own children, or those of others.*

This was the second act of Catholic emancipation; from this epoch also two changes date, which, though equally advantageous to Protestants and Catholics, ought to be considered especially useful to the latter; to wit, the law which secured their places during good behaviour, (quamdiu se bene gesserunt, and not durante bene placeto,) and a similar law of habeas corpus to that possessed by England. These laws were particularly favourable to the Catholics, for guarantees and tutelary laws are most needed by the poor and oppressed.

[*]The sacramental test, which excluded Presbyterians and Protestants from offices of trust under the crown, was also repealed in the session of 1782.—Tr.