issued a bull, in which he confirmed the disposals of church lands which had been made, as also other acts of administration under the reform laws; an Irish statute then incorporated these papal concessions and, at the same time, repealed the most important part of the reform legislation.18 Another Irish act revived the old laws against heresy.19 A commission, given not, long before the queen's death, to put them into force never had efficacy, so that the sanguinary persecution of heretics which characterized the reign of Mary in England was in Ireland unknown. But her policy did not tend to mitigate national animosities. A new insurrection of the native princes broke out, and its suppression was followed by an extension of the English pale at their expense.

Elizabeth procured the adoption in the Irish parliament of 1560 of reforming laws which, with a few variations, answered to those passed in England at the beginning of her reign.20 But these again could only be rendered in some degree operative in the country settled by Englishmen; in the Irish parts Elizabeth, like her predecessors, met with unyielding opposition. New revolts occurred, which, fomented by the pope 21 and by the catholics in England, were afterwards supported by the landing of Spanish troops and could not be entirely extinguished. A truce concluded in 1599 with the rebels by Essex, the commander of the royal forces, by which, among other conditions, freedom of worship appears to have been granted to the Roman catholic church,21a was not ratified by Elizabeth; only a few

18 3 & 4 Phil. & Mar. (1556) c 8 (Irish) An Act repealing Estatutes, and Provisions made against the See apostolique of Rome, sithence 20 Hen. VIII, and also for the Establishment of spiritual and ecclesiastical Possessions and Hereditaments conveyed to the Laity.—Cf. further 3 & 4 Phil. & Mar. (1556) c 10 (Irish) An Act for the Dischardge of the Furst Fruites; c 13 An Act declaringe the Queen's Highnes to have bene born in a moste just and lawfull Matrimony, and also repealinge all Actes of Parliament and Sentences of divors had

and made to the contrarie.

19 3 & 4 Phil. & Mar. (1556) c 9 (Irish) An Act for reviveinge of thre Statutes made for the Ponyshement of Heresies.

20 We may mention especially 2 Eliz. (1560) c 1 (Irish) An Act restoring to the Crown the auncient Jurisdiction over the State Ecclesiasticall and Spirituall, and abolishing all foreine Power repugnant to the same; c 2 (Irish), concerning the introduction of the new prayer-book; c 3 (Irish) An Act for the Restitution of the First Fruits and Twentieth Part, and Rents reserved nomine X. or XX. and of Parsonages impropriate to the imperiall Crown of this Realm; c 4 (Irish) concerning the appointment of bishops (a variation from the corresponding English act was that appointment by royal letters patent was retained; nevertheless, upon the advancement of Loftus to the archbishopric of Armagh in 1563, a congé d'eslire was issued. Ball, Ch. of Ireland p. 73); c 5 (Irish) An Act of Recognition of the Queene's Highnesse Title to the Imperial Crowne of this Realme; c7 (Irish) concerning a new confiscation of the possessions of the hospitallers of saint John, possessions which Mary had released.

The English thirty-nine articles were not introduced into Ireland during Elizabeth's reign; the eleven articles of 1559 had been in use from 1566 (cf. § 16').

21 Compare, for example, a papal bull of 1600 in Wilkins, Concilia IV, 362. 21 An abstract of the demands of Tyrone in Winwood, Memorials I, 119. There was no written agreement. As to the trustworthiness of this abstract see Bagwell, Ireland under the Tudors III, 349, note 1.

days after the queen's death a convention was arrived at, by which Tyrone, the chief of the Irish rebels, submitted, the possession of almost all his lands being secured to him; the definitive treaty did not contain any proviso as to religious matters.21b

In the period of transition which followed the reform laws of Henry VIII the practice as to the filling of episcopal sees in Ireland was not determinate.22 Henry made some appointments independently, even in the native provinces, without remonstrance from the pope. In other cases he confirmed papal nominations upon which he had not been consulted; or, at least, silently acquiesced in them. During his rule a double nomination was only once made, namely to the archbishopric of Armagh (1543), the pope's nominee never obtaining possession. Not until the beginning of Elizabeth's reign did the division between papal and protestant bishops become accentuated. About 1570 bishops of both kinds were found in the greater number of dioceses, and in the years ensuing the two parties, as far as might be, perfected their organizations, which grew to be independent, each of the other, in all parts of Ireland.

Under James I the suppression of a rebellion in Ulster furnished the occasion for new and extensive confiscations of land. The domain so won was given up to Scotch and English settlers, and the whole north of Ireland transformed in this way into a new fulcrum for English power and for protestantism. On the other hand James I was concerned to draw the Irish from the position of a merely subject race and induce them to participate in the administration of their country. Accordingly, at the elections for 1613, those of Irish stock and even those who had refused the oath of supremacy were declared eligible for the lower house; yet the manner in which the constituencies were divided was used to secure a preponderating number of protestants. In this parliament the laws which aimed at keeping the Irish as a people permanently separate from the English, were repealed.23

In the year 1615 the protestant church of Ireland, influenced largely by the Scots settled in such numbers in the north, adopted a series of articles of belief which, without abolishing the episcopal constitution of the church, did not ratify it, which passed over in silence the difference between bishops and priests, and in many other respects took into account puritan diversities of opinion.24 These articles were ultimately ratified by the lord deputy, pur

216 According to Bellesheim, Gesch. d. Kathol. Kirche in Irland II, 229 Tyrone had in the draft of the treaty stipulated for religious liberty, but was answered that the English had no intention of troubling the Roman catholic clergy.

22 See more in Brady, The Episcopal Succession in England, Scotland and Ireland 1400-1875, with appointments to Monasteries. Rome, 1876; and Cotton, Fasti Ecclesiae Hibernicae. Dublin, 1845-60, supplement 1878.-Illustrations are collected, particularly from the preceding works, in Ball, Church of Ireland, app. I. N. R. S.

23 11-13 Jac. I c 5 (Irish).

24 Articles of Religion agreed upon by the Archbishops, and Bishops, and the rest of the Clergy of Ireland in the Convocation holden at Dublin in the year

suant, it is said, to the direction of the king.25 But in 1634 Wentworth succeeded in robbing these 'Irish articles' of their character as a mark of separation from the English church by inducing the Irish convocation to accept a series of canons, wherein the English thirty-nine articles were taken over and approved without any change. From this point the protestant church of Ireland remained bound to the state church of England. The presbyterians had, however, established meanwhile a constitution of their own in Ireland as elsewhere.

27

The year 1641 was marked by a new and general rising of the Irish Roman catholics, measures for whose repression were taken by Charles as well as by the English parliament. The rising had at the outset been the issue of mingled national and religious antipathies. Political divisions, a consequence of the civil war in England, complicated the situation still further. Thus for the next few years the grouping of parties in Ireland was subject to alteration. The lord lieutenant Ormond, at the head of a royalist middle party, now sought by concessions to win the Irish for the king, now made common cause with the parliamentary forces to baffle that severance of Ireland from England at which the pope was aiming. It was only after the execution of Charles that, in 1649 and 1650, Cromwell and his successors in the command crushed the Irish rebellion,28 and so swept away the indulgences granted by Charles to Roman catholicism. By an act of the Barebone parliament of 26th Sept. 1653 29 a large portion of the land that had been

of our Lord God 1615 for the avoiding of diversities of opinions, and estab lishing of consent touching true religion (Wilkins, Conc. IV, 447). The Lambeth articles of 1595 (see § 16, note 20) are adopted in them almost verbatim. (Wilkins, c. note.)

25 Ball, Church of Ireland 115.

26 Printed in Wilkins, Concilia IV, 496. Canon 1 of 1634 runs: For the manifestation of our agreement with the Church of England in the Confession of the same Christian Faith, and the Doctrine of the Sacraments: We do receive and approve the Book of Articles of Religion agreed upon by the Archbishops and Bishops, and the whole Clergy in the Convocation holden at London in the year of our Lord God 1562, And therefore if any hereafter shall affirm that any of those Articles are in any part superstitious or erroneous, or such as he may not with a good conscience subscribe unto, let him be excommunicated, and not absolved before he make a publick Revocation of his error. In the following canons the supremacy of the king is recognized and the use of the English prayer-book and form of consecration declared obligatory; further, as in the English canons of 1604, there are detailed rules for officiating clergy. Wentworth prevented any simultaneous declaration in affirmance of the articles of 1615. On the other hand the latter were not expressly cancelled. Whether both sets were subscribed by candidates, is not certain. After the restoration, signature under canon 1 of 1634 was all that was required. Ball, Church of Ireland 129 ff.

27 The Irish canons of 1711 (printed in Wilkins, Concilia IV, 651) are also of some importance.

28 An act of the united London parliament of 1656 An Act for the Attainder of the Rebels in Ireland fixes 26th Sept. 1653 as the day of final submission.

29 Printed in Scobell, Acts and Ordinances, under the title Satisfaction of the Adventurers for Lands in Ireland; and of the Arrears due to the Soldiery there, and of other Publique Debts.

confiscated during the insurrection was distributed amongst the English soldiers and those who had lent money to meet the expenses of the expedition; many Irishmen, mostly landowners, were expelled from the greater part of the country, but were permitted to settle in the province of Connaught and the adjoining county of Clare; Irish protestants who had remained loyal to the English government, were not affected by these measures.

The restoration of the monarchy brought the Irish papists at first only a slightly higher degree of toleration than before. The distribution of land which Cromwell had ordained and executed was confirmed by Charles II, by declaration of 30th November, 1660, and by act of parliament in 1662, but with certain mitigations.50 The king filled the vacant sees of bishops who had died during the revolution. Afterwards James II showed favour to the Roman catholics and placed a follower of this faith at the head of the administration in Ireland. On the expulsion of James from England, the Irish papists espoused his cause, being assisted by French auxiliaries landed in the country. They were, however, defeated by William (1690 and 1691), and reduced to subjection. Limerick, the last of the fortresses that was held by the Irish, was surrendered by an agreement according to which the Roman catholics of Ireland were to have 'such privileges in the exercise of their religion, as are consistent with the laws of Ireland or as they did enjoy in the reign of king Charles II.' 30a The exact scope of this clause was subject to doubt, as there were still statutes unrepealed prohibiting Roman catholic worship, and the extent of its toleration had changed under Charles II. Soon there were put on the statute book numerous restrictive laws against the Roman catholics and their clergy, corresponding in essentials to English enactments of the same class. 31 Especially did the test imposed, the obligation of receiving on some Sunday the eucharist according to the usage of the church of England, exclude the Roman catholics from parliament and public office. It was only towards the end of the eighteenth century that the fear of popular risings led to modifications of these enactments. But in spite of these concessions and of others a great rebellion at length broke out (1798), which, though supported by the French republic, was suppressed by the English. The latter now effected the union of England and Ireland under a common parliament (1800). The act of union further ordained that

30 No parliament was summoned in Ireland during the commonwealth. The parliament in London acted temporarily as parliament of the united realms of England, Scotland and Ireland. In the new Irish parliament summoned in 1661 the protestants had a majority. By act of this parliament, 14 & 15 Car. II (1662) c 2 (Irish) the former declaration of the king concerning the distribution of lands was confirmed with some few modifications.-The new English prayer-book was approved in Ireland by a resolution of the Irish convocation of 1662, and introduced by an act of the Irish parliament 17 & 18 Car. II (1665) c 6. Compare also Ball, Church of Ireland p. 347, appendix GG.

30 The articles of Limerick, of 3rd Oct. 1691, with the king's ratification are printed in Plowden, An Historical Review of the State of Ireland, London, 1803, vol. I appendix No. 49.

31 See Ball, Church of Ireland p. 175.

thenceforth the established churches of the two countries should be joined together into one united church.32

Mainly in consequence of agitation on the part of the Irish, the acts 9 Geo. IV (1828) c 17 and 10 Geo. IV (1829) c 7 were carried, granting the Roman catholics in all the realm equal rights in their civil and, with few exceptions, in their political relations. Hardly had the Romanists thus gained a removal of their personal disabilities, when they began to demand an equalisation of the rights of their church with those of the protestant church. The latter was still retained as the established church, the fiction being that all Irishmen belonged to it. Thus Roman catholics and protestants had alike to contribute to rates levied for its objects. In like manner tithes, which attached to the soil, continued to be paid. The officers of the state church were far too numerous in proportion to the actual number of its adherents, and in particular, as a survival from the early days of the propagation of Christianity in the island, the number of bishops was unduly large, so that the cost of the higher administration was needlessly great, whilst most of the parochial clergy were but scantily endowed. The legislation of the following years aimed at producing a change in all these respects.

The Church Temporalities Act' (Ireland), 3 & 4 Gul. IV (1833) c 37 and the amending acts 4 & 5 Gul. IV (1834) c 90 and 6 & 7 Gul. IV (1836) c 99 33 abolished church-rates, combined the sees in such a

32 39 & 40 Geo. III (1800) c 67 (English). The union was to be operative from 1st Jan. 1801. s 1 art. V: That it be the fifth article of union, that the churches of England and Ireland, as now by law established, be united into one protestant episcopal church to be called The United Church of England and Ireland'; and that the doctrine, worship, discipline, and government of the said united church shall be, and shall remain in full force for ever, as the same are now by law established for the church of England; and that the continuance and preservation of the said united church, as the established church of England and Ireland shall be deemed and taken to be an essential and fundamental part of the union; and that in like manner the doctrine, worship, discipline and government of the church of Scotland shall remain and be preserved as the same are now established by law, and by the acts for the union of the two Kingdoms of England and Scotland. According to s 1 art. IV four lords spiritual (Irish, protestant bishops) are to sit by rotation of sessions in the house of lords of the parliament of the united kingdom. s 2 contains a regulation in accordance with an Irish act, directing that one archbishop and three bishops shall sit, changing by rotation from session to session.

33 3 & 4 Gul. IV (1833) c 37 An Act to alter and amend the Laws relating to the Temporalities of the Church of Ireland.

s1 repeals a number of earlier acts, especially those concerning the payment of first-fruits and twentieth parts and the improvement of ill-endowed benefices.

s 2. Ecclesiastical Commissioners for Ireland' are to be appointed.

s 13. The payment of first-fruits is to cease.

s 14. Instead thereof the commissioners are to make a valuation of all benefices etc. and levy a yearly assessment therefrom.

s 32. The following bishoprics are to be united :