Such in brief were those terrible statutes. But without attempting to excuse them, there are various matters which must be taken into account if we are to judge them fairly. In the first place, the political aspect of the question should not be forgotten. The Protestant minority might justly fear that if the Roman Catholic party were as powerful as their numbers would naturally cause them to be, they would aid in bringing about a French invasion for the restoration of the Stuarts and the re-establishment of the system which had been in evidence under James II. An army was actually formed in France, and on more than one occasion was in readiness to start. The Stuarts were regarded by the Pope as the rightful sovereigns. The Roman Catholic prelates whose entry into Ireland was forbidden were appointed by the Pretender and were his political agents; it was that fact, and no doctrinal reason, that caused their expulsion. It is necessary to make this quite clear, as there has been as much exaggeration on this point as on most other subjects connected with Irish history. The words of the "oath of abjuration" were as follows:
"I do solemnly and sincerely declare that I do believe in my conscience that the person pretended to be Prince of Wales during the life of the late King James and since his decease taking upon himself the style and title of King of England by the name of James III hath not any right or title whatever to the crown of this realm."
A modern Roman Catholic writer has thus described the oath:-
"By the Oath of Abjuration the priest was ordered to swear that the sacrifice of the mass and the invocation of the Blessed Virgin and the saints were damnable and idolatrous. In other words, the priest was ordered to apostatize, or fly for his life."
And even if Roman Catholics took the oath of allegiance, the old difficulty arose as to the papal right to depose princes and to order their subjects to rebel. So late as 1768, when a declaration was drawn up which it was hoped the leaders of the Roman Catholic party would sign, so that the penal laws might be finally done away with, the Papal Nuncio vetoed the proposal because the declaration contained a reprobation of the doctrines that faith need not be kept with heretics and that if the Pope banned a sovereign his subjects might depose and slay him. It is but fair to add, however, that a large number of Roman Catholics did sign the declaration; and the penal laws (which had been relaxed from time to time when it was seen that the Irish took no part in the Stuart rebellions of 1715 and 1745) were soon afterwards practically abolished.
Then it must be borne in mind that the Irish penal laws, although to some extent modelled on the legislation of Louis XIV against the Huguenots, were absolutely insignificant compared with those which were in force at the time in every Roman Catholic country in Europe. Galling though the Irish laws were, they never went so far as to make the mere holding of heretical opinions criminal. Thus no one in Ireland was ever put to death for believing in transubstantiation; whereas in one diocese of Portugal 20,000 people were sent to the stake for denying it. As every one who has visited the Madrid picture gallery will recollect, it was still the custom in the eighteenth century for the King of Spain to preside in state at the burning of heretics; and it was not until that century was drawing to a close that it was for the first time enacted in Portugal that sentence of death for heresy when passed by the ecclesiastical court should not be carried into effect unless the order was countersigned by the king. In France, for two or three heretics to meet for worship anywhere (their churches had of course all been pulled down) was a crime punishable with death; and any Huguenot caught whilst attempting to escape from the country was sent to the galleys-a fate worse than mere death, for it meant death by slow torture. And every child was forcibly taken from its heretic parents at the age of five, and educated in a convent.
But more than that: Roman Catholics who fled from the tyranny of the penal laws at home had no scruple, when they reached the Continent, in taking part in persecutions far more terrible than anything they had seen in Ireland. During the dragonnades in Languedoc, Louis XIV's Irish brigade joined eagerly in the butchery of old men, women and children and the burning of whole villages. The same heroes distinguished themselves by destroying everything they could find in remote Alpine valleys so that the unfortunate Waldenses might die of starvation. And the Irish troops under Lord Mountcashel aided in the burning of 1,000 villages in the Palatinate of the Rhine, in which all the inhabitants-men, women and children-were slain by the sword, burnt to death, or left to perish from hunger. These persecutions were practically brought to an end by the French Revolution and the rise of modern ideas; but the ecclesiastical authorities, though they have lost their power, have shown no sign of having changed their principles. Even in the middle of the nineteenth century King Victor Emmanuel was excommunicated by Pope Pius IX for allowing his Vaudois subjects to build a church for themselves at Turin.
Of course it may be said with perfect truth that two blacks do not make one white. Still, the constant complaints about the tyranny of the penal laws have less force when they come from the representatives of a party who acted in the same way themselves whenever they had the opportunity.
It is indeed frequently urged as a matter of aggravation that whereas other persecutions were those of a minority by a majority, this was of a majority by a minority. To me, so far as this makes any difference at all, it tells the other way. As a matter of morality, I fail to see any difference; putting all the inhabitants of an Alpine valley to death as heretics does not seem to me one whit the less horrible because the sovereign also ruled a large Catholic population on the plains. On the other hand, the fact that the Roman Catholics in Ireland formed the majority of the population prevented the persecution from being strictly carried out. It was comparatively easy for Louis XIV to surround a heretic district with a cordon of soldiers, and then draw them closer together searching every house as they went, seizing the clergy and taking them off to the galleys; but it was impossible to track unregistered priests through the mountains and valleys of Munster. Hence the law as to the registration of priests soon became a dead letter.
There was indeed one great difference, between Irish and continental persecution. On the continent it was the holiest and best men who were the keenest persecutors. (This may seem strange to modern readers; but anyone who has studied the lives of Bossuet and San Carlo Borromeo will admit that it is true.) Hence the persecution was carried out with that vigour which was necessary to make it a success. In Spain, if a heretic under torture or the fear of it consented to recant, the Holy Office was not satisfied with a mere formal recantation; for the rest of his life the convert was watched day and night to see that there was no sign of back-sliding; and even the possession of a fragment of the New Testament was considered as sufficient evidence of a relapse to send the wretched man to the stake. Consequently, in a generation or two heresy became as extinct as Christianity did amongst the Kabyles of North Africa after the Mohammedan persecution. In Ireland, however, persecution was always against the grain with religiously-minded Protestants. Seven bishops protested against the first enactment of the Penal Laws; and during the period when they were in force, the bishops repeatedly spoke and voted in favour of each proposed mitigation of them. (With this one may contrast the action of the French bishops who on the accession of Louis XVI in 1774 presented an address to the new king urging him to increase the persecution of the Huguenots which had become somewhat slack during the later years of his predecessor. By the irony of fate the same men were a few years later pleading vainly for the mercy which they had never shown in the days of their power.) Nor was this tolerant feeling confined to the bishops. By the aid of the Protestant gentry, the laws were continually being evaded. Protestants appointed by the Court as guardians of Roman Catholic children, used to carry out the wishes of the Roman Catholic relations; Roman Catholic proprietors frequently handed over their estates to Protestant friends as Trustees, and, though such Trusts were of course not enforceable at law, there were very few instances in which they were not faithfully performed. Many strange stories are told of the evasions of the Acts. On one occasion whilst it was still illegal for a popish recusant to own a horse of a greater value than £5, a man met a Roman Catholic gentleman