CHAPTER XI.
REIGN OF QUEEN ANNE.
The reign of Queen Anne occupies twelve years (1702 to 1714. The new sovereign, daughter of James by his first marriage, inherited the legacy of William"s wars, arising out of the European coalition. Her diplomatists, and her troops, under the leadership of Marlborough, continued throughout her reign to combat against France, in Spain, Germany, and the Netherlands; the treaty of Utrecht being signed only the year before her majesty"s decease. In domestic politics, the main occurrences were the struggle of the Whigs and Tories, immortalized for us in the pages of Swift, Steele, Addison, and Bolingbroke; the limitation of the succession to the descendants of the Electress Sophia, in the line of Hanover; and the abortive Jacobite movement on the Queen"s death which drove Ormond and Atterbury into exile.
In Ireland, this is the reign, _par excellence_, of the penal code. From the very beginning of the Queen"s reign, an insatiate spirit of proscription dictated the councils of the Irish oligarchy. On the arrival of the second and last Duke of Ormond, in 1703, as Lord-Lieutenant, the Commons waited on him in a body, with a bill "for discouraging the further growth of Popery," to which the duke having signified his entire concurrence, it was accordingly introduced, and became law. The following are among the most remarkable clauses of this act: The third clause provides, that if the son of an estated Papist shall conform to the established religion, the father shall be incapacitated from selling or mortgaging his estate, or disposing of any portion of it by will.
The fourth clause prohibits a Papist from being the guardian of his own child; and orders, that if at any time the child, though ever so young, pretends to be a Protestant, it shall be taken from its own father, and placed under the guardianship of the nearest Protestant relation. The sixth clause renders Papists incapable of purchasing any manors, tenements, hereditaments, or any rents or profits arising out of the same, or of holding any lease of lives, or other lease whatever, for any term exceeding thirty-one years. And with respect even to such limited leases, it further enacts, that if a Papist should hold a farm producing a profit greater than one-third of the amount of the rent, his right to such should immediately cease, and pa.s.s over entirely to the first Protestant who should discover the rate of profit. The seventh clause prohibits Papists from succeeding to the properties or estates of their Protestant relations. By the tenth clause, the estate of a Papist, not having a Protestant heir, is ordered to be gavelled, or divided in equal shares between all his children. The sixteenth and twenty-fourth clauses impose the oath of abjuration, and the sacramental test, as a qualification for office, and for voting at elections. The twenty-third clause deprives the Catholics of Limerick and Galway of the protection secured to them by the articles of the treaty of Limerick.
The twenty-fifth clause vests in her majesty all advowsons possessed by Papists.
Certain Catholic barristers, living under protection, not yet excluded from the practice of their profession, pet.i.tioned to be heard at the bar of the House of Commons.
Accordingly, Mr. Malone, the ancestor of three generations of scholars and orators, Sir Stephen Rice, one of the most spotless characters of the age, formerly chief-justice under King James, and Sir Theobald Butler, were heard against the bill. The argument of Butler, who stood at the very head of his profession, remains to us almost in its entirety, and commands our admiration by its solidity and dignity. Never was national cause more worthily pleaded; never was the folly of religious persecution more forcibly exhibited. Alluding to the monstrous fourth clause of the bill, the great advocate exclaimed:--
"It is natural for the father to love the child; but we all know that children are but too apt and subject, without any such liberty as this bill gives, to slight and neglect their duty to their parents; and surely such an act as this will not be an instrument of restraint, but rather encourage them more to it.
"It is but too common with the son, who has a prospect of an estate, when once he arrives at the age of one and twenty, to think the old father too long in the way between him and it; and how much more will he be subject to it, when, by this act, he shall have liberty, before he comes to that age, to compel and force my estate from me, without asking my leave, or being liable to account with me for it, or out of his share thereof, to a moiety of the debts, portions, or other enc.u.mbrances, with which the estate might have been charged before the pa.s.sing of this act!
"Is not this against the laws of G.o.d and man? Against the rules of reason and justice, by which all men ought to be governed? Is not this the only way in the world to make children become undutiful? and to bring the grey head of the parent to the grave with grief and tears?
"It would be hard from any man; but from a son, a child, the fruit of my body, whom I have nursed in my bosom, and tendered more dearly than my own life, to become my plunderer, to rob me of my estate, to cut my throat, and to take away my bread, is much more grievous than from any other, and enough to make the most flinty hearts to bleed to think on it. And yet this will be the case if this bill pa.s.s into a law; which I hope this honourable a.s.sembly will not think of, when they shall more seriously consider, and have weighed these matters.
"For G.o.d"s sake, gentlemen, will you consider whether this is according to the golden rule, to do as you would be done unto? And if not, surely you will not, nay, you cannot, without being liable to be charged with the most manifest injustice imaginable, take from us our birthrights, and invest them in others, before our faces."
When Butler and Malone had closed, Sir Stephen Rice was heard, not in his character of council, but as one of the pet.i.tioners affected by the act. But neither the affecting position of that great jurist, who, from the rank of chief baron had descended to the outer bar, nor the purity of his life, nor the strength of his argument, had any effect upon the oligarchy who heard him. He was answered by quibbles and cavils, unworthy of record, and was finally informed that any rights which Papists "pretended to be taken from them by the Bill, was in their own power to remedy, by conforming, which in prudence they ought to do; and that they had none to blame but themselves." Next day the bill pa.s.sed into law.
The remnant of the clergy were next attacked. On the 17th of March, 1705, the Irish Commons resolved, that "informing against Papists was an honourable service to the government," and that all magistrates and others who failed to put the penal laws into execution, "were betrayers of the liberties of the kingdom." But even these resolutions, rewards, and inducements were insufficient to satisfy the spirit of persecution.
A further act was pa.s.sed, in 1709, imposing additional penalties. The first clause declares, that no Papist shall be capable of holding an annuity for life. The third provides, that the child of a Papist, on conforming, shall at once receive an annuity from his father; and that the Chancellor shall compel the father to discover, upon oath, the full value of his estate, real and personal, and thereupon make an order for the support of such conforming child or children, and for securing such a share of the property, after the father"s death, as the court shall think fit. The fourteenth and fifteenth clauses secure jointures to Popish wives who shall conform.
The sixteenth prohibits a Papist from teaching, even as a.s.sistant to a Protestant master. The eighteenth gives a salary of 30 pounds per annum to Popish priests who shall conform. The twentieth provides rewards for the discovery of Popish prelates, priests, and teachers, according to the following whimsical scale:--For discovering an archbishop, bishop, vicar-general, or other person, exercising any foreign ecclesiastical jurisdiction, 50 pounds; for discovering each regular clergyman, and each secular clergyman, not registered, 20 pounds; and for discovering each Popish schoolmaster or usher, 10 pounds.
The twenty-first clause empowers two justices to summon before them any Papist over eighteen years of age, and interrogate him when and where he last heard ma.s.s said, and the names of the persons present, and likewise touching the residence of any Popish priest or schoolmaster; and if he refuse to give testimony, subjects him to a fine of 20 pounds, or imprisonment for twelve months.
Several other penal laws were enacted by the same Parliament, of which we can only notice one; it excluded Catholics from the office of sheriff, and from grand juries, and enacts, that, in trials upon any statute for strengthening the Protestant interest, the plaintiff might challenge a juror for being a Papist, which challenge the judge was to allow.
By a royal proclamation of the same year, "all registered priests" were to take "the oath of abjuration before the 25th of March, 1710," under penalty of _premunire_. Under this proclamation and the tariff of rewards just cited, there grew up a cla.s.s of men, infamous and detestable, known by the nickname of "priest hunters." One of the most successful of these traffickers in blood was a Portuguese Jew, named Garcia, settled at Dublin. He was very skilful at disguises. "He sometimes put on the mien of a priest, for he affected to be one, and thus worming himself into the good graces of some confiding Catholic got a clue to the whereabouts of the clergy." In 1718, Garcia succeeded in arresting seven unregistered priests, for whose detection he had a sum equal to two or three thousand dollars of American money. To such an excess was this trade carried, that a reaction set in, and a Catholic bishop of Ossory, who lived at the time these acts were still in force, records that "the priest-catchers"
occupation became exceedingly odious both to Protestants and Catholics," and that himself had seen "ruffians of this calling a.s.sailed with a shower of stones, flung by both Catholics and Protestants." But this creditable reaction only became general under George II., twenty years after the pa.s.sage of the act of Queen Anne.
We shall have to mention some monstrous additions made to the code during the first George"s reign, and some attempts to repair and perfect its diabolical machinery, even so late as George III.; but the great body of the penal law received its chief accessions from the oligarchical Irish Parliament, under Queen Anne. Hitherto, we have often had to point out, how with all its const.i.tutional defects--with the law of Poynings, obliging heads of bills to be first sent to England--fettering its freedom of initiative;--how, notwithstanding all defects, the Irish Parliament had a.s.serted, at many critical periods, its own and the people"s rights, with an energy worthy of admiration. But the collective bigots of this reign were wholly unworthy of the name of a parliament. They permitted the woollen trade to be sacrificed without a struggle,--they allowed the bold propositions of Molyneux, one of their own number, to be condemned and reprobated without a protest. The knotted lash of Jonathan Swift was never more worthily applied, than to "the Legion Club," which he has consigned to such an unenviable immortality. Swift"s inspiration may have been mingled with bitter disappointment and personal revenge; but, whatever motives animated him, his fearless use of his great abilities must always make him the first political, as he was certainly the first literary character of Ireland at that day. In a country so bare and naked as he found it; with a bigotry so rampant and united before him; it needed no ordinary courage and capacity to evoke anything like public opinion or public spirit.
Let us be just to that most unhappy man of genius; let us proclaim that Irish nationality, bleeding at every pore, and in danger of perishing by the wayside, found shelter on the breast of Swift, and took new heart from the example of that bold churchman, before whom the Parliament, the bench of Bishops, and the Viceroy, trembled.
CHAPTER XII.
THE IRISH SOLDIERS ABROAD DURING THE REIGNS OF WILLIAM AND ANNE.
The close of the second reign from the siege of Limerick imposes the duty of casting our eyes over the map of Europe, in quest of those gallant exiles whom we have seen, in tens of thousands, submitting to the hard necessity of expatriation.
Many of the Meath and Leinster Irish, under their native commanders, the Kavanaghs and Nugents, carried their swords into the service of William"s ally, the Emperor of Austria, and distinguished themselves in all the campaigns of Prince Eugene. Spain attracted to her standard the Irish of the north-west, the O"Donnells, the O"Reillys, and O"Garas, whose regiments, during more than one reign, continued to be known by flames of Ulster origin. In 1707, the great battle of Almanza, which decided the Spanish succession, was determined by O"Mahony"s foot and Fitzjames"s Irish horse. The next year Spain had five Irish regiments in her regular army, three of foot and two of dragoons, under the command of Lacy, Lawless, Wogan, O"Reilly, and O"Gara. But it was in France that the Irish served in the greatest number, and made the most impressive history for themselves and their descendants.
The recruiting agents of France had long been in the habit of crossing the narrow seas, and bringing back the stalwart sons of the western Island to serve their ambitious kings, in every corner of the continent. An Irish troop of horse served, in 1652, under Turenne, against the great Conde. In the campaigns of 1673, 1674 and 1675, under Turenne, two or three Irish regiments were in every engagement along the Rhine. At Altenheim, their commander, Count Hamilton, was created a major-general of France. In 1690, these old regiments, with the six new ones sent over by James, were formed into a brigade, and from 1690 to 1693, they went through the campaigns of Savoy and Italy, under Marshal Catinat, against Prince Eugene. Justin McCarthy, Lord Mountcashel, who commanded them, died at Bareges of wounds received at Staffardo.
At Marsiglia, they routed, in 1693, the allies, killing Duke Schomberg, son to the Huguenot general who fell at the Boyne.
The "New" or Sarsfield"s brigade was employed under Luxembourg, against King William, in Flanders, in 1692 and 1693. At Namur and Enghien, they were greatly distinguished, and William more than once sustained heavy loss at their hands. Sarsfield, their brigadier, for these services, was made mareschal-de-camp. At Landen, on the 29th of July, "93, France again triumphed to the cry, "Remember Limerick!" Sarsfield, leading on the fierce pursuers, fell, mortally wounded. Pressing his hand upon the wound, he took it away dripping with blood, and only said, "Oh, that this was for Ireland!"
In the war of the Spanish succession, the remnants of both brigades, consolidated into one, served under their favourite leader, the Marshal Duke of Berwick, through nearly all his campaigns in Belgium, Spain and Germany.
The third Lord Clare, afterwards Field-Marshal Count Th.o.m.ond, was by the Duke"s side at Phillipsburg, in 1733, when he received his death-wound from the explosion of a mine. These exiled Clare O"Briens commanded for three generations their famous family regiment of dragoons.
The first who followed King James abroad died of wounds received at the battle of Ramillies; the third, with better fortune, outlived for nearly thirty years the glorious day of Fontenoy. The Irish cavalry regiments in the service of France were Sheldon"s, Galmoy"s, Clare"s, and Killmallock"s; the infantry were known as the regiments of Dublin, Charlemont, Limerick, and Athlone. There were two other infantry regiments, known as Luttrel"s and Dorrington"s--and a regiment of Irish marines, of which the Grand Prior, Fitzjames, was colonel. During the latter years of Louis XIV., there could not have been less, at any one time, than from 20,000 to 30,000 Irish in his armies, and during the succeeding century, authentic doc.u.ments exist to prove that 450,000 natives of Ireland died in the military service of France.
In the dreary reigns of William, Anne, and the two first Georges, the pride and courage of the disarmed and disinherited population abiding at home, drew new life and vigour from the exploits of their exiled brethren.
The channel smuggler and the vagrant ballad-singer kept alive their fame for the lower cla.s.s of the population, while the memoirs of Marlborough and Eugene, issuing from the Dublin press, communicated authentic accounts of their actions, to the more prejudiced, or better educated.
The blows they struck at Landen, at Cremona, and at Almanza, were sensibly felt by every British statesman; when, in the bitterness of defeat, an English King cursed "the laws that deprived him of such subjects," the doom of the penal code was p.r.o.nounced.
The high character of the famous captains of these brigades was not confined to the field of battle. At Paris, Vienna, and Madrid, their wit and courtesy raised them to the favour of princes, over the jealousy of all their rivals.
Important civil and diplomatic offices were entrusted to them--emba.s.sies of peace and war--the government of provinces, and the highest administrative offices of the state. While their kinsmen in Ireland were declared incapable of filling the humblest public employments, or of exercising the commonest franchise, they met British amba.s.sadors abroad as equals, and checked or countermined the imperial policy of Great Britain. It was impossible that such a contrast of situations should not attract the attention of all thinking men! It was impossible that such reputations should shine before all Europe without reacting powerfully on the fallen fortunes of Ireland!
BOOK XI.
FROM THE ACCESSION OF GEORGE I. TO THE LEGISLATIVE UNION OF GREAT BRITAIN AND IRELAND.
CHAPTER I.
ACCESSION OF GEORGE I.--SWIFT"S LEADERSHIP.
The last years of Queen Anne had been years of intrigue and preparation with the Jacobite leaders throughout the three kingdoms. At their head stood Ormond, the second and last _Duke_ of his name, and with him were a.s.sociated at one stage or another of his design, Bolingbroke, Orrery, Bishop Atterbury, and other influential persons.
It was thought that had this party acted promptly on the death of the Queen, and proclaimed James III. (or "the Pretender," as he was called by the partisans of the new dynasty), the Act of Succession might have remained a dead letter, and the Stuarts recovered their ancient sovereignty. But the partisans of the elector were the first in the field, and King George was accordingly proclaimed, on the 1st of August, at London, and on the 6th of August, at Dublin.
In Dublin, where serious apprehensions of a Jacobite rising were entertained, the proclamation was made by the glare of torches at the extraordinary hour of midnight.
Two or three arrests of insignificant persons were made, and letters to Swift being found on one of them, the Dean was thought by his friends to be in some danger. But it was not correct to say, as many writers have done, that he found it necessary to retire from Dublin. The only inconvenience he suffered was from the hootings and revilings of the Protestant rabble in the street, and a brutal threat of personal violence from a young n.o.bleman, upon whom he revenged himself in a characteristic pet.i.tion to the House of Lords "for protection against the said lord." Pretending not to be quite sure of his a.s.sailant, he proceeds to explain: "Your pet.i.tioner is informed that the person who spoke the words above mentioned is of your Lordships" House, under the style and t.i.tle of Lord Blaney; whom your pet.i.tioner remembers to have introduced to Mr. Secretary Addison, in the Earl of Wharton"s government, and to have done him other good offices at that time, because he was represented as a young man of some hopes and a broken fortune." The entire doc.u.ment is a curious picture of the insolence of the ascendancy party of that day, even towards dignitaries of their own church who refused to go all lengths in the only politics they permitted or tolerated.
It was while smarting under these public indignities, and excluded from the society of the highest cla.s.s in his own country, with two or three exceptions, that Swift laid the foundations of his own and his country"s patriotism, among the educated middle cla.s.s of the Irish capital. From the college and the clergy he drew Dr.
Sheridan--ancestor of six generations of men and women of genius! Doctors Delaney, Jackson, Helsham, Walmsley, Stopford (afterwards Bishop of Cloyne), and the three reverend brothers Grattan. In the city he selected as his friends and companions four other Grattans, one of whom was Lord-Mayor, another physician to the castle, one a schoolmaster, the other a merchant. "Do you know the Grattans?" he wrote to the Lord-Lieutenant, Lord Carteret; "then pray obtain their acquaintance. The Grattans, my lord, can raise 10,000 men." Among the cla.s.s represented by this admirable family of seven brothers, and in that of the tradesmen immediately below them, of which we may take his printers, Waters and Faulkner for types, Swift"s haughty and indignant denunciations of the oligarchy of the hour produced striking effects.
The humblest of the community began to raise their heads, and to fix their eyes steadily on public affairs and public characters. Questions of currency, of trade, of the administration of justice and of patronage, were earnestly discussed in the press and in society, and thus by slow but gradually ascending steps, a spirit of independence was promoted where hitherto only servility had reigned.
The obligations of his cotemporaries to Swift are not to be counted simply by what he was able to originate or to advocate in their behalf--for not much could be done in that way, in such times, and in such a position as his --but rather in regard to the enemies and maligners of that people, whom he exposed and punished. To understand the value of his example and inspiration, we must read over again his castigations of Wharton, of Burnet, of Boulter, of Whitshed, of Allan, and all the leaders of the oligarchy, in the Irish Parliament. When we have done so, we shall see at once how his imperial reputation, his personal position, and every faculty of his powerful mind were employed alike to combat injustice and proscription, to promote freedom of opinion and of trade, to punish the abuses of judicial power, and to cultivate and foster a spirit of self reliance and economy among all cla.s.ses--especially the humblest. In his times, and in his position, with a ca.s.sock "entangling his course,"
what more could have been expected of him?
The Irish Parliament met in 1715--elected, according to the then usage, for the lifetime of the King--commenced its career by an act of attainder against the Pretender, accompanied by a reward of 50,000 pounds for his apprehension. The Lords-Justices, the Duke of Grafton and the Earl of Galway, recommended in their speech to the Houses, that they should cultivate such unanimity among themselves as "at once to put an end to all other distinctions in Ireland, but that of Protestant and Papist." In the same speech, and in all the debates of that reign, the Catholics were spoken of as "the common enemy," and all who sympathized with them, as "enemies of the const.i.tution." But far as this Parliament was from all our ideas of what a national legislature ought to be, it was precisely at this period, when the administration could not be worse, that the foundation was laid of the great contest for legislative independence, which was to continue through three generations, and to const.i.tute the main staple of the Irish history of this century.
In the year 1717, the English House of Lords entertained and decided, as a court of last resort, an appeal from the Irish courts, already pa.s.sed on by the Irish Lords, in the famous real-estate case of Annesley _versus_ Sherlock. The proceeding was novel, and was protested against in the English House at the time by the Duke of Leeds, and in the Irish, by the majority of the whole House. But the British Parliament, not content with claiming the power, proceeded to establish the principle, by the declaratory act--6th George I.--for securing the dependence of Ireland on the crown of Great Britain. This statute, even more objectionable than the law of Poynings, continued unrepealed till 1782, notwithstanding all the arguments and all the protests of the Irish patriot party.
The Lords of Ireland, unsupported by the bigoted and unprincipled oligarchy in the Commons, were shorn of their appellate jurisdiction, and their journals for many years contain few entries of business done, beyond servile addresses to successive Viceroys, and motions of adjournment.
In their session of 1723, the ascendancy party in the Commons proceeded to their last extreme of violence against the prostrate Catholics. An act was introduced founded on eight resolutions, "further to prevent the growth of Popery." One of these resolutions, regularly transmitted to England by the Viceroy-proposed that every priest, arrested within the realm, should suffer the penalty of _castration_! For the first time, a penal law was rejected with horror and indignation by the English Privy Council, and the whole elaborate edifice, overweighted with these last propositions, trembled to its base. But though badly shaken, it was yet far from coming down.