СНАР. A Tolera tion Act passed. there was little doubt that he would be severely dealt with. But, just when he was at the door, one of the members rushed in, shouting, "Good news: Londonderry is taken." The whole House rose. All the hats were flung into the air. Three loud huzzas were raised. Every heart was softened by the happy tidings. Nobody would hear of punishment at such a moment. The order for Daly's attendance was discharged amidst cries of "No submission: no submission: we pardon him." In a few hours it was known that Londonderry held out as obstinately as ever. This transaction, in itself unimportant, deserves to be recorded, as showing how destitute that House of Commons was of the qualities which ought to be found in the great council of a kingdom. And this assembly, without experience, without gravity, and without temper, was now to legislate on questions which would have tasked to the utmost the capacity of the greatest statesmen.* One Act James induced them to pass which would have been most honourable to him and to them, if there were not abundant proofs that it was meant to be a dead letter. It was an Act purporting to grant entire liberty of conscience to all Christian sects. On this occasion a proclamation was put forth announcing in boastful language to the English people that their rightful King had now signally refuted those slanderers who had accused him of affecting zeal for religious liberty merely in order to serve a turn. If he were at heart inclined to persecution, would he not have persecuted the Irish Protestants? He did not want power. He did not want provocation. Yet at Dublin, where the members of his Church were the majority, as at Westminster, where they were a minority, he had firmly adhered to the principles laid down in his much maligned Declaration of Indulgence.† Unfortunately for him, the same wind which carried his fair professions to England carried thither also evidence that his professions were insincere. A single law, worthy of Turgot or of Franklin, seemed ludicrously out of place in the midst of a crowd of laws which would have disgraced Gardiner or Alva. A True Account of the Present Life of James, ii. 361, 362 363 In the Life it is said that the proclamation was put forth without the privity of James, but that he subsequently approved of it. See Welwood's Answer to the Declaration, 1689. XII. the confiscation of the pro perty of A necessary preliminary to the vast work of spoliation and CHAP. slaughter on which the legislators of Dublin were bent, was an Act annulling the authority which the English Parliament, Acts both as the supreme legislature and as the supreme Court of passed for Appeal, had hitherto exercised over Ireland.* This Act was rapidly passed; and then followed, in quick succession, confiscations and proscriptions on a gigantic scale. The personal Protesestates of absentees above the age of seventeen years were tants transferred to the King. When lay property was thus invaded, it was not likely that the endowments, which had been, in contravention of every sound principle, lavished on the Church of the minority, would be spared. To reduce those endowments, without prejudice to existing interests, would have been a reform worthy of a good prince and of a good parliament. But no such reform would satisfy the vindictive bigots who sate at the King's Inns. By one sweeping Act the greater part of the tithe was transferred from the Protestant to the Roman Catholic clergy; and the existing incumbents were left, without one farthing of compensation, to die of hunger. A Bill repealing the Act of Settlement and transferring many thousands of square miles from Saxon to Celtic landlords was brought in and carried by acclamation.‡ Of legislation such as this it is impossible to speak too severely but for the legislators there are excuses which it is the duty of the historian to notice. They acted unmercifully, unjustly, unwisely. But it would be absurd to expect mercy, justice, or wisdom from a class of men first abased by many years of oppression, and then maddened by the joy of a sudden deliverance, and armed with irresistible power. The representatives of the Irish nation were, with few exceptions, rude and ignorant. They had lived in a state of constant irritation. With aristocratical sentiments they had been in a servile position. With the highest pride of blood, they had been exposed to daily affronts, such as might well have roused the choler of the humblest plebeian. In sight of the fields and castles which they regarded as their own, they had been glad to be invited by a peasant to partake of his whey and his potatoes. Those violent emotions of CHAP. XII. hatred and cupidity which the situation of the native gentleman could scarcely fail to call forth appeared to him under the specious guise of patriotism and piety. For his enemies were the enemies of his nation; and the same tyranny which had robbed him of his patrimony had robbed his Church of vast wealth bestowed on her by the devotion of an earlier age. How was power likely to be used by an uneducated and inexperienced man, agitated by strong desires and resentments which he mistook for sacred duties? And, when two or three hundred such men were brought together in one assembly, what was to be expected but that the passions which each had long nursed in silence would be at once matured into fearful vigour by the influence of sympathy? Between James and his parliament there was little in common, except hatred of the Protestant religion. He was an Englishman. Superstition had not utterly extinguished all national feeling in his mind; and he could not but be displeased by the malevolence with which his Celtic supporters regarded the race from which he sprang. The range of his intellectual vision was small. Yet it was impossible that, having reigned in England, and looking constantly forward to the day when he should reign in England once more, he should not take a wider view of politics than was taken by men who had no objects out of Ireland. The few Irish Protestants who still adhered to him, and the British nobles, both Protestant and Roman Catholic, who had followed him into exile, implored him to restrain the violence of the rapacious and vindictive senate which he had convoked. They with peculiar earnestness implored him not to consent to the repeal of the Act of Settlement. On what security, they asked, could any man invest his money or give a portion to his children, if he could not rely on positive laws and on the uninterrupted possession of many years? The military adventurers among whom Cromwell portioned out the soil might perhaps be regarded as wrongdoers. But how large a part of their estates had passed, by fair purchase, into other hands! How much money had proprietors borrowed on mortgage, on statute merchant, on statute staple! How many capitalists had, trusting to legislative acts and to royal promises, come over from England, and bought land in Ulster and Leinster, without the least misgiving as to the title! What a sum had those capitalists expended, during a quarter of a century, in building, draining, enclosing, planting! The terms of the, compromise which Charles the Second had sanctioned might XII. not be in all respects just. But was one injustice to be re- CHAP. dressed by committing another injustice more monstrous still? And what effect was likely to be produced in England by the cry of thousands of innocent English families whom an English king had doomed to ruin? The complaints of such a body of sufferers might delay, might prevent, the Restoration to which all loyal subjects were eagerly looking forward; and, even if His Majesty should, in spite of those complaints, be happily restored, he would to the end of his life feel the pernicious effects of the injustice which evil advisers were now urging him to commit. He would find that, in trying to quiet one set of malecontents, he had created another. As surely as he yielded to the clamour raised at Dublin for a repeal of the Act of Settlement, he would, from the day on which he returned to Westminster, be assailed by as loud and pertinacious a clamour for a repeal of that repeal. He could not but be aware that no English Parliament, however loyal, would permit such laws as were now passing through the Irish parliament to stand. Had he made up his mind to take the part of Ireland against the universal sense of England? If so, to what could he look forward but another banishment and another deposition? Or would he, when he had recovered the greater kingdom, revoke the boons by which, in his distress, he had purchased the help of the smaller? It might seem an insult to him even to suggest that he could harbour the thought of such unprincely, of such unmanly, perfidy. Yet what other course would be left to him? And was it not better for him to refuse unreasonable concessions now than to retract those concessions hereafter in a manner which must bring on him reproaches insupportable to a noble mind? His situation was doubtless embarrassing. Yet in this case, as in other cases, it would be found that the path of justice was the path of wisdom.* Though James had, in his speech at the opening of the session, declared against the Act of Settlement, he felt that these arguments were unanswerable. He held several conferences with the leading members of the House of Commons, and earnestly recommended moderation. But his exhortations irritated the passions which he wished to allay. Many of the native gentry held high and violent language. It was impudent, they said, to talk about the rights of purchasers. See the paper delivered to James by Chief Justice Keating, and the speech of the Bishop of Meath. Both are in King's appendix. Life of James, ii. 357 XII. His very At length CHAP. How could right spring out of wrong? People who chose to buy property acquired by injustice must take the consequences of their folly and cupidity. It was clear that the Lower House was altogether impracticable. James had, four years before, refused to make the smallest concession to the most obsequious parliament that has ever sat in England; and it might have been expected that the obstinacy, which he had never wanted when it was a vice, would not have failed him now when it would have been a virtue. During a short time he seemed determined to act justly. He even talked of dissolving the parliament. The chiefs of the old Celtic families, on the other hand, said publicly that, if he did not give them back their inheritance, they would not fight for his. soldiers railed on him in the streets of Dublin. he determined to go down himself to the House of Peers, not in his robes and crown, but in the garb in which he had been used to attend debates at Westminster, and personally to solicit the Lords to put some check on the violence of the Commons. But just as he was getting into his coach for this purpose he was stopped by Avaux. Avaux was as zealous as any Irishman for the bills which the Commons were urging forward. It was enough for him that those bills seemed likely to make the enmity between England and Ireland irreconcileable. His remonstrances induced James to abstain from openly opposing the repeal of the Act of Settlement. Still the unfortunate Prince continued to cherish some faint hope that the law for which the Commons were so zealous would be rejected, or at least modified, by the Peers. Lord Granard, one of the few Protestant noblemen who sate in that parliament, exerted himself strenuously on the side of public faith and sound policy. The King sent him a message of thanks. "We Protestants," said Granard to Powis who brought the message, "are few in number. We can do little. His Majesty should try his influence with the Roman Catholics." "His Majesty," answered Powis with an oath, "dares not say what he thinks." A few days later James met Granard riding towards the parliament house. "Where are you going, my Lord?" said the King. "To enter my protest, Sir," answered Granard, "against the repeal of the Act of Settlement." "You are right," said the King: "but I am fallen into the hands of people who will ram that and much more down my throat."* May 20. * Leslie's Answer to King; Avaux, 1689; Life of James, ii. 358. |