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and their release was rather an aggravation of their punishment: for, without any other pretext other pretext but perfeverance in their religion, the Archbishop immediately excommunicated them a fecond time, on which they were again fent back to their long, and loathfome confinement." [Analect. Sacra. page 34] But, indeed, nothing could exceed the tyranny, rapacity, and perfecution of the Spiritual Courts at this time, exercised against the Catholicks.Bishop Burnet in his life of the excellent Dr. Bedel, bishop of Kilmore, has left us a very fhocking delineation of the ecclefiaftical discipline in Ireland-"Thefe courts, fays his Lordfhip, were managed by a Chancellor who bought his place, and fo made of it all the profits he could; and the whole bufinefs of the courts feemed to be nothing but oppreffion and extortion. The folemneft and facredeft of all church cenfures, which is excommunication, went about in fo fordid and base a manner, that all regard to it as a fpiritual cenfure, was loft; and it was cried out upon as an intolerable tyranny. The officers of thefe courts thought they had a right to opprefs the natives; and that all was well-got that was wrung from them" [Life of Bedel, page 37].

Imprifonments on account of popery were then fo frequent, and grievous, as to even alarm the Commons, who addreffed Chichester, " That his lordship would be pleafed to release from prifon all thofe who lay in it, upon account of excommunications" [Commons' Journals, Vol. I.] But Chichefter, and his fucceffor Sir Oliver St. John, were both in themselves, Proteftant bigots, and had a confolation of confcience in executing the penal statutes against popery--Doctor Leland fays, Sir Oliver St. John feemed to be actuated with a peculiar zeal against popery,"

[Vol. I. p. 561.] and Curry, on the authority of Carte and the Analecta Sacra, relates [Vol. I. p. 102.]" That Sir Oliver St. John on coming over from England as Lord Deputy, did put the ftatute of the second of Elizabeth, and all other penal ftatutes into strict execution: for at his entering on the government, he did indeed proceed with rigour, and caufed prefentments to be made of all fuch papifts as neglected attending church, in the different parts of the kingdom. The effects of this rigour were difmal, and extenfive; the treasures of the rich were thereby foon exhausted, and the poor not being able to pay this tax upon their confciences, every where fled into dens and caverns, from the cruel collectors of it, whither they were fometimes purfued by bloodhounds, fet on, and followed by a fheriff and a poffe of disbandedfoldiers, equally furious, and unrelenting. Mr. Rooth, a cotemporary writer, informs us, that in the indigent county of Cavan alone, not less a fum than eight thousand pounds was levied in one year, by means of this tax upon Catholics, for not attending church fervice: Excommunication, and ecclefiaftical cenfures on the fame account were feverely executed in every part of the kingdom. Those who lay under them were conftantly thrown into gaols, when found abroad; and great numbers of merchants and artificers, being thus confined at home, and hindered to tranfa&t business publickly, and in the way of open commerce, were fuddenly reduced to poverty and diftrefs---Even their dead bodies did not escape the cruelty of thefe cenfurers; for if they happened to die, while they lay under them, they were denied chriftian burial, and their corpfes thrown into holes dug in the highways, with every mark of ignominy, that could be devised

devised, and inflicted by their cruel and bigotted judges--"

Now, gentlemen, this was in a period of profound peace; and while the Catholics were cheerfully and unrepiningly paying heavy taxes of another defcription, that additional revenue was thus extorted, by taxing men's confciences, levying money upon their faith and their domeftic comforts; mental tranquillity, and pecuniary credit, was thus wantonly broken in upon, fported with, and defolated

These are facts of perfecution on the fole account of religious opinion, of which I know the Proteftants are not in poffeffion; and it is an odious, and difgufting fubject to dwell upon, or revive; but the detail of them accomplishes two falutary purposes; it exhibits throughout, the fteady and uniform attachment of the Catholics to liberty, and a free conftitution; and it teftifies that the Catholic body of Ireland were never causelessly, nor wantonly, turbulent, or cruel, but that ever fince the Reformation, they have been the victims of fuch religious perfecution, and civil devastation, as ALMOST to juftify, but certainly to extenuate the dreadful, enfuing period of 1641.

While the ancient inhabitants of Ulfter were ftript of their poffeffions, for crimes which were either never committed, or were formerly pardoned, another defign was fet on foot to feize the estates of the natives in the other provinces, under the pretext of a judicial enquiry into defective titles; I fhall, therefore, trouble you with a brief detail of the tyranny and oppreffion exercised upon the unoffending and proftrate Roman Catholic, in the profecution of this English measure, by the

Deputies,

Deputies, and others in authority, fent over from England by James, and Charles I.

This enquiry caused a general alarm through every part of the kingdom, inafinuch as no title of lineal defcent, or of long poffeffion, nor even letters patent, could fecure the proprietors against the predatory attempts of those who profecuted in the name of the king. The enquiry was rigorously purfued by Chichefter." The Star-chamber is the proper court to punifh jurors who will not find for the king," fays the deputy himself in a letter to England-[See Chichester's Answer Defiderat. Hib. Vol. I. p. 262]—And this deputy confeffes, [fame Volume p. 263.] "That the Juftices of Affize for the space of two, or three years paft, had bound over divers juries to the Star-chamber, for their refufing to prefent papifts, upon the teftimony of witneffes, that they did not attend the established church, according to the law, all which jurors have been punished in the Starchamber, by fine, and imprisonment"—and he then adds, "It is true that thefe jurors condemned in the Star-chamber, had no Council allowed them." [Defider. Hib. page 265]

As a further illuftration of the unconftitutional violence used upon the perfons and fortunes of jurors, to extort verdicts from them against the Catholicks, I fhall prefent you with the following moft fingular paffage; whether we contemplate it as an evidence of intolerable defpotism, or as coming from the quarter whence it iffues-The Report of the king's commiffioners, as given in the Defiderata Curiofa Hibernica, Vol. I. p. 379, has thefe words" In this enquiry into defective titles, the utmoft violence was ufed to the jurors, as was before obferved by us, to oblige

them

them to find a title in the king to whatever lands they pitched upon. Thus, in the year 1611, upon the feizure, by the Lord Deputy, of the County of Wexford, when upon a commiffion to enquire into his majesty's title to that county, the jury offered their verdict of ignoramus to the king's title, their verdict was refufed to be accepted, and they were bound over to appear in the Exchequer Court, where five of them ftill refufing to find a title for the king, they were committed to prifon, and were after fined in the Star-chamber for fuch refufal" This report comes from the commiffioners themselves!

"One would imagine, [fays Corry, Vol. I. p. 106] that fome caufe had been given by the Catholicks, or at least pretended by their enemies for fuch rigorous and continued feverity; but nothing of that kind appears to have been the cafe; although, had the Irish been disposed to rife, it is certain that no people could have a more tempting opportunity, for, according to Carte, in his life of Ormond, King James never kept up a greater force in Ireland than feventeen hundred Foot, and two hundred Horfe: yet he was all this time changing the properties of lands, tranfplanting the old inhabitants, and fettling colonies of strangers-" "In thefe plantations, [even Doctor Leland acknowleges, Vol. II. p. 467] the commiffioners appointed to diftribute lands, fcandaloufly abused their trusts; and by fraud, or violence, deprived the natives of thofe poffeffions which the King had reserved for them: -There are not wanting proofs of the most iniquitous practices, of hardened cruelty, of vile perjury, and fcandalous fubornation, employed to defpoil the equitable and UNOFFENDING PROPRIETOR of his inheritance.....”

My

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