Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Laws against Roman catholics._--The tories, in their malignant hatred
of our illustrious monarch, turned his connivance at popery into a
theme of reproach.[266] It was believed, and probably with truth, that
he had made to his catholic allies promises of relaxing the penal
laws; and the jacobite intriguers had the mortification to find that
William had his party at Rome, as well as her exiled confessor of St.
Germains. After the peace of Ryswick many priests came over, and
showed themselves with such incautious publicity as alarmed the
bigotry of the House of Commons, and produced the disgraceful act of
1700 against the growth of popery.[267] The admitted aim of this
statute was to expel the catholic proprietors of land, comprising many
very ancient and wealthy families, by rendering it necessary for them
to sell their estates. It first offers a reward of £100 to any
informer against a priest exercising his functions, and adjudges the
penalty of perpetual imprisonment. It requires every person educated
in the popish religion, or professing the same, within six months
after he shall attain the age of eighteen years, to take the oaths of
allegiance and supremacy, and subscribe the declaration set down in
the act of Charles II. against transubstantiation and the worship of
saints; in default of which he is incapacitated, not only to purchase,
but to inherit or take lands under any devise or limitation. The next
of kin being a protestant shall enjoy such lands during his
life.[268] So unjust, so unprovoked a persecution is the disgrace of
that parliament. But the spirit of liberty and tolerance was too
strong for the tyranny of the law; and this statute was not executed
according to its purpose. The catholic land-holders neither renounced
their religion, nor abandoned their inheritances. The judges put such
constructions upon the clause of forfeiture as eluded its efficacy;
and, I believe, there were scarce any instances of a loss of property
under this law. It has been said, and I doubt not with justice, that
the catholic gentry, during the greater part of the eighteenth
century, were as a separated and half proscribed class among their
equals, their civil exclusion hanging over them in the intercourse of
general society;[269] but their notorious, though not unnatural,
disaffection to the reigning family will account for much of this, and
their religion was undoubtedly exercised with little disguise or
apprehension. The laws were perhaps not much less severe and
sanguinary than those which oppressed the protestants of France; but,
in their actual administration, what a contrast between the government
of George II. and Louis XV., between the gentleness of an English
court of king's bench, and the ferocity of the parliaments of Aix and
Thoulouse!
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