Catholics a repeal of the penal laws1; and the declaration which he issued upon his arrival in England promised freedom of conscience to all who would live peaceably. There can be no doubt that these sentiments expressed his real desire, and friend and foe have admitted that in the early part of his reign his influence was employed to prevent the enforcement of persecuting laws against Catholics. It was, however, probably not in his power to induce the Parliament to repeal the penal laws, or to prevent it from passing new laws, and he at least never chose to risk the unpopularity of refusing his assent to the persecuting laws which were enacted during his reign. These laws were maintained and were extended during the first two reigns of the Hanoverian period, and they form, perhaps, the darkest blot upon the history of the Revolution. Thus, to omit minor details, an Act was passed in 1699, by which any Catholic priest convicted of celebrating mass, or discharging any sacerdotal function, in England (except in the house of an ambassador) was made liable to perpetual imprisonment; and, in order that this law might not become a dead letter, a reward of 100l. was offered for conviction. Perpetual imprisonment was likewise the punishment to which any Papist became liable who was found guilty of keeping a school, or otherwise undertaking the education of the young. No parent might send a child abroad to be educated in the Catholic faith, under penalty of a fine of 100%., which was bestowed upon the informer. All persons who did not, within six months of attaining the age of eighteen, take the Oath, not only of Allegiance, but also of Supremacy, and subscribe the declaration against transubstantiation, became incapable of either inheriting or purchasing land, and the property they would otherwise have inherited passed to the next Protestant heir. By a law which was enacted in the first year of George I. all persons in any civil or military office, all members of colleges, teachers, preachers, and lawyers of every grade were compelled to take the Oath of Supremacy, which was distinctly anti-Catholic, as well as the Oath of Allegiance and the declaration against the Stuarts. By the same law any two 437. 1 See Ranke's Hist. of England, iv. * See the remarks of Burnet in his Hist. of his Own Times, ii. 12, and the remarkable note of Lord Dartmouth, ii. 229. Butler's Historical Memoirs of the English Catholics, ii. pp. 52-53. justices of the peace might at any time tender to any Catholic the Oaths of Allegiance and Supremacy if they regarded him as disaffected. They might do this without any previous complaint or any evidence of his disaffection, and if he refused to take them he was liable to all the penalties of recusancy, which reduced him to a condition of absolute servitude. A Popish recusant was debarred from appearing at court, or even coming within ten miles of London, from holding any office or employment, from keeping arms in his house, from travelling more than five miles from home, unless by licence, under pain of forfeiting all his goods, and from bringing any action at law, or suit in equity. A married woman recusant forfeited two-thirds of her jointure or dower, was disabled from being executor or administratrix to her husband, or obtaining any part of his goods, and was liable to imprisonment unless her husband redeemed her by a ruinous fine. All Popish recusants within three months of conviction, might be called upon by four justices of the peace to renounce their errors or to abandon the kingdom; and if they did not depart, or if they returned without the King's licence, they were liable to the penalty of death. By this Act the position of the Catholics became one of perpetual insecurity. It furnished a ready handle to private malevolence, and often restrained the Catholics from exercising even their legal rights. Catholics who succeeded in keeping their land were compelled to register their estates, and all future conveyances and wills relating to them. They were subjected by an annual law to a double land-tax, and in 1722 a special tax was levied upon their property.1 A legislation animated by the same spirit extended to other portions of the empire. In the English colonies in North America there existed, in the latter half of the seventeenth century, an amount of religious liberty considerably greater than had yet been established in Europe. The Virginian Episcopalians, it is true, proscribed the Puritans and Catholics, and the New England Puritans proscribed and persecuted the Episcopalians and the Quakers; but the constitutions of the Quaker 1 Blackstone, bk. iv. ch. 4. Butler's Hist. Memoirs of the English Catholics, ch. xxxiv. The chief laws were, 11 and 12 Wm. III. c. 4; 1 Geo. I. Stat. 2. c. 13; 1 Geo. I. Stat. 2. c. 55; 3 Geo. I. c. 18. States, and the constitution of Rhode Island, which was founded by Roger Williams in 1662, laid down, in the most emphatic and unqualified terms, the doctrine of complete religious liberty. It is, however, a remarkable fact that Maryland, which was founded by the Catholic Lord Baltimore, as early as 1632, and which contained a large proportion of Catholics among its earliest colonists, preceded them in this path. It accorded perfect freedom to all Protestant sects, welcomed alike the persecuted Puritans of Virginia and the persecuted Episcopalians of Massachusetts, granted them every privilege which was possessed by the Catholics, and exhibited, for the first time since the Reformation, the spectacle of a Government acting with perfect toleration and a steady and unflinching impartiality towards all sects of Trinitarian Christians. Something, no doubt, has been said with truth to qualify its merit. The measure was a defensive one. The toleration was only extended to the believers in the Trinity. The terms of the charter would have made the suppression of the Anglican worship illegal; but still the fact remains, that, so far as Trinitarian Christians were concerned, the legislators of Maryland, who were in a great measure Catholic, undertook to try the experiment, not only of complete religious toleration, but also of complete religious equality; and that, at a time and in a country where they were almost entirely uncontrolled, they fulfilled their promise with perfect fidelity. In 1649, when the Legislature contained both Protestants and Catholics, a law was made, solemnly enacting that no person within this province, professing to believe in Jesus Christ, shall be in any way troubled, molested, or discountenanced for his or her religion, or in the free exercise thereof;' and by the Catholics, at least, the promise of this law was never broken. The shameful sequel is soon told. The Protestants speedily multiplied in the province. They outnumbered the Catholics, and they enslaved them. The aristocratic constitution of the State, which produced a strong democratic opposition to Lord Baltimore, assisted them, and the Revolution in England gave the signal for the complete destruction of religious liberty in Maryland. The Catholics were excluded from all prominent offices in the State which a Catholic had founded. Anglicanism was made justices of the peace might at any time tender to any d the constitution or Williams in 1662, laid fed terms, the doctrine however, a remarkable the Catholics, and exhibit Suppression of the Ang -at a time and in a toleration, but also ntrolled, they ful 1649, when the holics, a law was is province, tax was levied upo A legislation portions of the America there century, an than had ye copalians, i the New F copalians 1 Bla Hist. M ch. xx in any way 3 Lation tion of the anger to the ipulations of the en the very first place riod since the Reforma.e most unmolested in their II.; and the first article of ed that the Roman Catholics of sh privileges in the exercise of their c with the laws of Ireland, or as they he United écent investhe original ad was less exof Catholics than has been asserted, and that the of Charles II.; and their Majesties, as mit them to summon a Parliament MARYLAND. ur to procure the said Roman may preserve them from any heir said religion.' The to be administered to jesties' government d the constitution of Rhode Island, which was fed illiams in 1662, laid down, in the most emphari d terms, the doctrine of complete wigions however, a remarkable fact that Maryland, by the Catholic Lord Baltimore, as early as *ained a large proportion of Cathol ists, preceded them in this path, t to all Protestant sects, welcomedl of Virginia and the persecuted granted them every privilege 'ics, and exhibited, for the ? spectacle of a Govern a steady and unflinchnitarian Christians th to quality its toleration was The terms of Anglican Land, These articles d ratified by solemn rther rue un ▲ as they as assumed of Limerick. was required for anction could not, from an engagement .nment, at a time when der to obtain a great milipon the Irish Catholics, withnass of new and penal legislation uish their worship, to banish their n with every kind of disqualification, cion on account of their religion, was a Le plain meaning of the treaty. Those who k that the Catholics should not be in a worse pect to the exercise of their religion, than they during the reign of Charles II., and they also underthe influence of the Government should be promptly d to obtain such an amelioration of their condition as would are them from the possibility of disturbance. Construed in its plain and natural sense, interpreted as every treaty should be by men of honour, the Treaty of Limerick amounted to no less than this. The public faith was pledged to its observance, I may here quote the opinion of ninth articles, which I have noticed above, he proceeds: Compare this |