the catholics, and they were naturally magnified by the enthusiasm of the Irish. It was even currently believed, that the king himself was of that persuasion.* Mr. Osborne, indeed, says, "it is certain, that the promise king James made to the Roman catholics was registered, and amounted so high at least as a toleration of their religion." In the warmth of these hopes and expectations, they no longer considered it necessary to confine their religious worship to privacy in many parts of Leinster, and more particularly of Munster, they openly performed the divine service and other religious ceremonies in the full external form of the Roman ritual.

3. Mountjoy marched an armed force into Munster, in order to check this open defiance of the law. At Waterford he found the town gates shut against him: the citizens pleaded, that by a charter of king John they were exempted from quartering soldiers; but Mountjoy instantly replied, that with the sword of king James he would cut to pieces the charter of king John, level their city with the ground, and strew salt upon its ruins. The menace was effectual : Mountjoy entered, and the citizens were terrified into submission. From this conduct of the deputy, the other cities of Munster, which had declared for the free and public exercise of the Roman catholic religion, were intimidated into a like compliance with the laws.†

*It is reported of James, that he sent a letter, under his own hand and seal, to pope Clement the VIIIth. assuring his holiness, that it was his majesty's intention to become a Roman catholic whenever he should ascend the English throne. In fact, James objected not to any tenets of the Roman catholic faith; but only to the abusive encroachments of the spiritual over the civil power; for he said in his premonition (James's Works, ed. 1616, p. 306: "For myself (if that were yet the question) I would with all my heart give my consent that the bishop of Rome should have the first seate, I being a western king would goe with the patriarch of the west. And for his temporall principalitie over the signory of Rome, I doe not quarrell it neither: let him in God's name be primus episcopus inter omnes episcopos, et princeps episcoporum; so it be no otherwise but as Peter was princeps apostolorum."

This public exercise of the catholic religion ought not to be considered as open and deliberate treason. We have before observed, that the acts of Elizabeth, as well as the other acts of the pale parliament, were not obeyed twenty miles from Dublin: and even within the pale the penal laws of Elizabeth had not been executed for the last forty years. All the Irish annalists affirm that the statute of Uniformity (2 Eliz.) was surreptiously obtained by the art of Stanyhurst, the then speaker; who, at an unusual hour, and on an unexpected day, procured the bill to be passed by the friends to re

4. For settling the peace and quieting the minds of the nation, and for securing their persons and property from the effects of the law, which most of them had incurred in some way or other during the general confusion, an act of state, called An Act of Oblivion and Indemnity, was published by proclamation under the great seal, by which all offences against the crown, and all particular trespasses between subject and subject, were, to all such as would come into the justice of assize, by a certain day, and claim the benefit of that act, pardoned, remitted, and utterly extinguished, never to be revived or called in question. And, by the same proclamation, all the Irish who had hitherto received no defence or protection from the crown, having been entirely subjected to their respective chieftains, were admitted in his majesty's immediate protection. "This," says Sir John Davies, "bred such comfort and security in the bearts of all men, as thereupon ensued the calmest and most universal peace that ever was seen in Ireland.” So true has it at all times been, that mildness and liberality towards the Irish have ever been requited with their submissiveness, fidelity, and attachment.

form in the absence of those who were expected to oppose it. They soon after protested against the act of this smuggled convention; and the Lord-lieutenant assured them, with oaths and protestations, that the penalties of that act should never be inflicted, which they helieving, suffered it to remain without further opposition. In fact, that law was never executed during the remainder of queen Elizabeth's reign, Vide Analect. Sacr. p. 431). Other causes may with greater plausibility be assigned for the non-execution of the penal Jaws during the reign of Elizabeth in Ireland, while hundreds were put to death, and thousands suffered in their persons and fortunes under similar laws in England. Those within the pale were equally tenacious of their ancient faith as those without it. The queen's army was full of native Irish, all or most of whom then were catholic. And Morryson (p. 120) asserts, that one half of that gallant army under lord Mountjoy, which so successfully attacked and at last entirely defeated Tyrone, was Irish; nor did their having less pay than the English or their being exposed to endure the brunt of every action lessen their zeal or activity in the service.

* In answer to many severe and unjust reflections formerly and recently made upon the lawless ferocity and intractability of the Irish, I shall cite the authority of Sir John Davies, who certainly, from his official situation of attorney-general, had a fair opportunity of knowing them. (Disc. p. 267.) "Againe these circuits of justice did (upon the end of the warre) more terrifie the loose and idle personnes than the execution of the martial law, though it were more quick and suddaine: and in a short time after did so c'eere the kingof theeves and other capitall offenders, as I dare affirme, that for the space of five years last past, there have not bin found so manie male

5. James, in order more effectually to acquire the supreme and full dominion both of the Irish and their property, published a proclamation, which is usually called the commission of grace, for the securing the subjects of Ireland against all claims of the crown. The chief governor was thereby empowered to accept the surrenders of those Irish lords who still held their estates or possessions by the old tenures of Tanestry and Gavelkind, and to regrant them in fee simple according to the English law: thus converting the estates for life of the chieftains into estates in fee simple. For this there were two obvious reasons of state policy: the first was, that in case of a forfeiture the whole would become vested in the crown by the attainder of the forfeiting person; whereas, if by the old tenure of Tanestry they remained tenants for life, the estates could only in such cases be forfeited to the crown for the life of the forfeiting person, and would be saved to all remainder men, which by the old Brehon tenure were in fact the whole sept. The second reason was, that by vesting the fee simple in the chief, which by the course of the English law made it descendible to his eldest son or heir at law, it excluded the sept from their reversionary distributive rights of Gavelkind upon the death of the tenant for life, and thus detached the septs from that common bond of interest and union with their chief which gave them firmness, consistency, and consequence, and necessarily threw them thus disjointed more immediately under the power of the sovereign by leaving one only freeholder or tenant to the crown in each sept. The new grants to the lords were limited to the lands in their actual possession. And those lands which any of his followers held on any precarious Irish tenures of the chief were confirmed to the mesne tenant also in fee, upon paying to the lord a certain annual rent equivalent to the lord's beneficial in

factors worthy of death in all the six circuits of this realme (which is now divided into thirty-two shires at large), as in one circuit of six shires, namely the western circuit in England. For the troth is, that in time of peace the Irish are more fearful to offend the law than the English or any other nation whatsoever." (And p. 283.) "In which condition of subjectes, they will gladly continue without defection or adhering to any other lord or king, as long as they may be protected and justly governed without oppression on the one side, or impunity on the other. For there is no nation of people under the sunne, that doth love equal and indifferent justice better than the Irish; or will rest better satisfied with the execution thereof, though it be against themselves; so as they may have the benefit and protection of the law, when upon just causes they do desire it.”

Thus was

terest in the services or tenure of his tenant. the whole landed interest of Ireland new modelled; and the example of these new patentees of the crown was followed by many trading towns and corporations throughout the kingdoms: they surrendered their old and accepted new charters from the crown, with such regulations and privileges as were more congenial with the policy and views of

the court.

6. James in his religious principles was strictly neither a protestant nor a catholic: and he disliked and dreaded the puritans. He ever cherished a filial reverence and affection for his mother, and retained an indelible sense of, though he wanted firmness to avenge, the injuries and indignities she had suffered. Vainly assuming the jus divinum to regal =irresponsibility, this pedantic monarch had mounted the baseless pinnacle of overstretched prerogative; and whilst he indulged in this visionary security, he permitted himself to be carried down with every stream of flattery, fear, or menace, as they successively flowed in upon him. As a Stuart, he was ever forward in sacrificing his friend to the fear of his enemy. At this time the puritan party had acquired, both in the church and state* of Ireland a predominant ascendancy; and from that moment they were

Lord deputy Chichester, afterwards created baron Belfast, had been the pupil of the famous Cartwright, who was so violent an opposer of the church establishment, that in writing to archbishop Whitgift he used these strong expressions: "Certain of the things we (the dissenters) stand upon such, that if every hair of our heads were a life, we ought to afford them for the defence of them." And Sir George Paul, in the life of this archbishop (p. 47), gives us, by way of sample, a part of the constant public prayer of this Cartwright before his sermons: "Because they (meaning the bishops) which ought to be pillars of the church, do band themselves against Christ and his truth, therefore, O Lord, give us grace and power as one man to set ourselves against them." At this time the general body of the reformed clergy in Ireland was puritan; the most eminent of whom for learning was Usher, then provost of Trinity College, Dublin, and afterwards archbishop of Armagh, who by his management and contrivance procured the whole doctrine of Calvin to be received as the public belief of the church of Ireland, and ratified by Chichester in the king's name. Not only the famous Lambeth articles concerning predestination, grace, and justifying faith, sent down as a standard of doctrine to Cambridge, but immediately suppressed by queen Elizabeth, and afterwards disapproved and rejected by king James, when proposed to him by Dr. Reynolds in the conference of Hampton court, but also several particular fancies and notions of his own were incorporated, says Carte (Oim. 1 vol. p. 73), into the articles of the church of Ireland, and by his credit approved of in convocation, and afterwards confirmed by the lord deputy Chichester.

preparing to get up that eventful tragedy, which closed in the catastrophe of the throne, altars, and constitution. Their first act was to express indignation at the relaxations, favour, and countenance shewn to the catholics. The immediate effect of which was a formal promulgation of the act of conformity (2 Eliz.) exemplified under their great seal; which, as before observed, had for forty years been a dead letter. The king's proclamation for the strict observance of it was annexed to the exemplification, and solemnly published throughout the nation.* This measure was aggravated by the insulting bumiliation of certain commissions issued in consequence of the proclamation, by which the catholics of condition were appointed inquisitors to watch and inform against those of their own communion who did not frequent the protestant churches; by neglect of which they were subjected to fine and imprisonment.† Leland observes, that this measure instead of terrifying the delinquents enraged them. Eighteen of the most eminent of the city were summoned to the court of Castle Chamber, censured, fined, and committed prisoners to the castle during pleasure. The old families of the pale remonstrated against the illegality of these proceedings: for by the statute of Elizabeth, the crime of recusancy had its punishment ascertained, and any extension of the penalty beyond the letter of the statute was illegal and unconstitutional. Their remonstrance was presented to the council by an unusual concourse of those who were interested in the event. The chief of the petitioners were instantly committed to goal; and Sir Patrick Barnwall, their great agent, was, by the king's command, soon after sent over to England in custody, and there committed to the Tower of London.§

*This proclamation, of the 4th of July, 1605, strongly proves the grounds which the catholics had for rejoicing at the accession of James I. It imported, that his majesty had been informed, that his subjects of Ireland had been deceived by a false report, that he was disposed to allow them liberty of conscience and a free choice of - their religion: wherefore he declared, that he would not admit any such liberty of conscience as they were made to expect; and he strictly enjoined all his subjects to frequent their respective churches and to comply minutely with the requisitions of the Act of Uniformity, &c.

+Anal. Sacr. p. 25. Harris's History of Dublin; p. 328. § Geoghagan, in his history (p. 422) says, that it is notorious that notwithstanding the severity of the laws made in Ireland against the Roman catholic religion during the reigns of Henry VIII. Edward VI. Elizabeth and James I. not sixty of the Irish embraced the Protestant religion, though Ireland then contained more than two millions of souls.