Historical and Political EssaysLecky, William Edward Hartpole
History
Historical and Political Essays
Lecky, William Edward Hartpole
History; Political science
The penal laws against the Catholics accompanied or closely followed
the commercial restraints. The blame of them may be divided with some
equality between the Government of England and the Parliament of
Ireland. It was the Irish Parliament which enacted these laws, but an
English Act first made the Irish Parliament exclusively Protestant,
and the whole legislation was carried at a time when the Irish
Parliament was completely dependent, and incompetent even to discuss
any measure without the previous approbation of the English
Government. In order to judge this legislation with equity, it must be
remembered that in the beginning of the eighteenth century restrictive
laws against Protestantism in Catholic countries, and against
Catholicism in Protestant ones, almost universally prevailed. The laws
against Irish Catholics were, on the whole, less stringent than those
against Catholics in England. They were largely modelled after the
French legislation against the Huguenots, but persecution in Ireland
never approached in severity that of Louis XIV., and was absolutely
insignificant compared with that which had extirpated Protestantism
and Judaism from Spain. The code, however, was not mainly the product
of religious feeling, but of policy, and in this respect it has been
defended in its broad outlines, though not in all its details, by such
Irishmen as Charlemont, Flood, and Parsons. They argued that at the
close of a long period of savage civil war it was absolutely necessary
for a small minority, who found themselves in possession of the
government and land of the country, to deprive the conquered and
hostile majority of every element of political and military strength.
This was the real object of the code. It was a measure of self-defence
justified by necessity and by the fact that it produced in Ireland for
the space of about eighty years the most perfect tranquillity.
Public-domain text, read in full here on John Shaqi.
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