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Lord Strafford, the lord depuly, (State letters, *. 1. p. 76) informe the king that it was impossible to improve the revenue båt by impor sing 12d. a Sunday upon the recusants. This same deputy had before written [ib. p. 19.) that the duties from the Irish were indeed violent takings, rather ravishments of the poor, than the modest quiet lèvies of a pious and christiab king. And yet he al añother time proposed to his master to make him out a title to all Connaught; and writes (ib. p. 442) that he had given orders to his managers in Connaught, that when he went there to hold an inquisition gentlemen of the best estates in the different counties should be returned on the juries wbich were to be on the first trials to be instituted on " defective tittes," because the fear of a round fine in the Castle Chamber would produce a better effect than in persons who had little to lose.
In one case where a jury refused to find for tlie king against the proprietor (ib. v. 1.) he says, we bethought ourselves of a course to vindicate his majesty's honour upon this occasion, not only against the persons of the jurors, but also against the sheriff in a thousand pounds to his majesty ; and we have fined the jurors four thousand pounds each. Their estates are seized, and themselves imprisoned till the fine be paid.”
And in one of the above letters he says, I labout to make as many captains and other offices, burgesses of this parliament as I can, who having immediate dependance on the Crown, may sway the business as I please.
It is remarkable that this his own packed parliament voted against the grievances of his administration. The Irish Com. Jour. p. 94, refer to these very transactions, saying, “the jarors who give in their verdict according to their consciences, were censured in the star chamber, or castle chamber, in great fines; sometimes pillored with loss of ears, and bored through the tongue, sometimes marked in the forehead with an iron, and other infamous punishment.” And Doctor Leland writes, vol. 3, p. 32. that the jurors of Gallway remained in prison till each paid his fine of $4,000, and acknowledged his fault apon his knees.
Thus were the Irish deprived of their estates by false inquisitions upon feigned titles, wherein peither taverse por petition of right was admitted, and jurors who listened to the admonitions of conscience were devoted to ruin and disgrace. One hundred and fifty letters patent were declared void in one morning. See the remonstrance of Trim. sect. 2. Cartes Orniond, v. 3.
This corrupt deputy began his public career in conjunction with Pym and the others, but was gained over by the king and made a peer and governor of Ireland. He was afterwards impeached and convicted of high treason ; the king signed his death-warrant and he was beheaded on Tower-Hill; a victim not so much of his real crimes as of party-spirit, and party-spirit on the other hand has held him up as a martyr.
The persecutions of this period are purely religious. It is no longer for wearing the beard upon the upper lip, nor yet for being Irish that the people are robbed and murdered, but having been already plundered and impoverished for being Irish, for wearing their beards, and for not conforming to a church rendered odious to them, a new and curious system of torment is devised, under the title of “ laws to prevent the further growth of popery."
In the former period we have seen how the English deputies bored the tongues of the jurors who could not find inquisitions for the king. We shall now see with what industry the tormentor sought out every tender part where the moral being could be afflicted, and cruelly conveyed the maddening poison through every organ of most exquisite sensibility; insulting religion, reversing the principles of law, violating parental affection, private friendship, filial duty, conjugal love, promoting family dissention, preventing education, proscribing industry, and having done all this, setting a bar against all future acquisitions of wealth, influence, or knowledge; in short, leaving nothing that hell could invent unattempted, in order to brutalise and enfeeble a race of beings whose courage and intellect was still formidable even in this abject state. To prove these assertions the statutes shall be distributed under appropriate titles.
7 W. 3. s. 1. c. 4. Sending a child abroad to be educated in the popish religion, either in a public seminary or a private family, or sending any thing for its maintenance, was punished with disability to
sue, or prosecute in law or equity for any wrong or any demand, or to be guardian or executor, to take any thing by legacy, deed, or gift, or to bear any office, with forfeiture of goods and chattles, land tenements, hereditaments, annuities, offices, and estates of freehold during life. And a single justice upon suspicion might summon and examine the persons suspected, to have evidence against themselves, and summon witnesses to answer upon oath; and if the offence seemed probable, biod the suspected party to the sessions, and there he was bound to answer instantly; and should the offence upon trial appear probable, then the offender is bound to prove where the child was, for what the money was sent, and the fact is to be presumed unlawful, till the suspected party prove the negative ; and being entered on record shall be a conviction, not only of the supposed sender of the child, but of the absent child ; and the infant convict shall incur the like disabilities : and of these forfeitures the booty is to be divided between the king and the pious informer.
There is indeed a proviso that the infant upon his return or twelve months after coming of age, may. by prayer or motion in open court, obtain a trial; but upon that trial he must prove negatively that he was not sent contrary to the act, or it shall be taken for granted against him as if it had been fully proved. And if he should do so, still he shall lose his goods and chattles, and all the profits of his lands prior to his conviction, and the rest be restored only upon condition of swearing certain constrained oaths, and making forced metaphysical declarations of belief in open court.
N. B. To avoid future repetitions it may be here briefly stated, that the oaths, and declarations generally intended throughout, are those of allegiance, abhorrence, abjuration, and against transubstantiation.
2 An. s. 1. c. 6. Sending or suffering to be sent a child under 21, except sailors, ship boys, merchants apprentices, or factors, without special license of the queen or chief governor and four privy counsellors, like penalties.
A judge or two justices suspecting any child to be so sent may convene father, mother, relatiou or guardian, require them to produce the child within two months, and unless they prove it to be in England or Scotland, it is to be convicted as one educated in foreign parts, and suffer accordingly.
8 Ann c. 3. Protestants converted from popery must educate their children under fourteen, in the established religion or forfeit all offices of trust or profit, and be disabled from sitting in either house of parliament, or being barrister or attorney, and be for ever disqualified.
2 Ann. s. 1. c. 6. Where either father or mother is a protestant, the chancellor is to make an order for educating the child a protestant till eighteen, appointing where it shall be educated and how, and also by whom; the father to pay all the charges directed by the court : and the child may be taken away from the popish parent.
7 W. 3. s. 1. c. 4. Papists are forbid to instruct youth in any publie school, and even in private houses, unless those of the family, under pain of fine and imprisonment.
8 Ann. c. 3. $ 16. A papist teaching publicly or privately, or entertained as an usher to‘a protestant schoolmaster, to be esteemed a popish regular clergyman convict, and suffer all the pains inflicted upon such, that is, 1st. to be imprisoned in the common goal; 2d. to be transported; 3d. if he return to his friends and native land, to suffer as a traitor: the following is his judgment.
Ist. To be dragged along the ground to the place of execution; 2d. to be hanged by the neck; 3d. to have his entrails taken out and burned while he is yet alive; 4th. his head to be cut off; 5th. that his body be quartered or divided into four parts; 6th. that his head and quarters be at the pleasure of the Queen.
The legal consequences of this judgment are, attainder, corruption of blood, anpihilation of all inheritable powers, from his ancestors and to his heirs.
Any person entertaining such teachers to forfeit 101. to be distributed in equal shares between the king and the informer.
Any person discovering such teacher, to have £10, levied like moHey for robberies, all upon the papists.
All persons of sixteen years of age may be summoned and forced to become informers upon oath, touching the being and residence of such teachers, on pain of £20, or twelve months imprisonment.
A protestant permitting a child under fourteen to be educated a papist, to suffer as a papist.
MARRIAGE. 9. W. 3. c. 28. If a protestant maid being heir apparent, or having interest in lands, or a personal estate of £500, marry any man without a certificate from a minister, bishop, and justice, attested by two creditable witnesses that he is a known protestant, the estate shall go to the vext of kin, and all popish intervening heirs deemed dead and in
lestate, and the protestant maid to be dead in lan: and husband and wife to be for ever disabled from being guardian, executor, &c.; and the person who married them to be imprisoned a year and forfeit £10, half to the king, and half to the informer who will sue by bill or suit, and no essoign shall be allowed.
6. Aạn. c. 16. If a woman persuade an heir apparent to marry her, by secret delusions, insinuations or menaces, she loses thirds dower, and all real and personal estate; and all accessaries before the fact, to suffer three years imprisonment.
Ib. 9. 2. If any protestant shall marry any maiden or woman without such certificate, he is for ever disabled from being heir, executor, administrator, guardian, &c. or to sit in parliament, or bear any employment, civil or military, unless he procures her to be converted in one year, and a certificate thereof under hand and seal of the archbishop, bishop, or chancellor to be enrolled in chancery.
2 Ann. s. 1. c. 6. Any person having real or personal estate in the kingdom who marries a papist abroad-like disabilities and penalties as if he married within the kingdom.
9W.3. c. 28. Whoever marries a soldier to any uncertified wife, to be imprisoned till he pay €20, half of which is to reward the informer.
6 Ann. c. 16. § 1. 3. 0. If any person above the age of fourteen, by fraud, flattery, or fair promises, shall allure any maid or widow, having substance to mary him without consent of parents or guardian, and the person who celebrates the marriage be a popish priest; or if a popish priest celebrate any marriage knowing one party to be a protestant; he shall be deemed, and suffer all the pains, of a popish regular--be imprisoned, transported, and on returning be drawn, hanged, quartered, beheaded, embowelled, entrails burned alive, head and quarters given to the queen, and attainted and blood-corrupted.
8 And.c.3. The knowledge of the fact is to be presumed against the priest, and he to be convicted, unless he produce a certificate from the protestant parish minister that neither were protestants.
12 Geo. 1. C. 3. $1. A popish, or reputed popish priest, celebrating marriage between a protestant or reputed protestant and a papist, or between two protestants or reputed protestants-death, as a felon, without benefit of clergy.
N.B. 19 Geo. 2.c. 13. annuls sach marriages without process, judgment, or sentence: