He invited the houses to take the Act of Settlement into consideration, and to redress the injuries of which the old proprietors of the soil had reason to complain. He concluded by acknowledging in warm terms his obligations to the King of France.217When the royal speech had been pronounced, the Chancellor directed the Commons to repair to their chamber and to elect a Speaker. They chose the Attorney General Nagle; and the choice was approved by the King.218The Commons next passed resolutions expressing warm gratitude both to James and to Lewis. Indeed it was proposed to send a deputation with an address to Avaux; but the Speaker pointed out the gross impropriety of such a step; and, on this occasion, his interference was successful.219 It was seldom however that the House was disposed to listen to reason. The debates were all rant and tumult. Judge Daly, a Roman Catholic, but an honest and able man, could not refrain from lamenting the indecency and folly with which the members of his Church carried on the work of legislation. Those gentlemen, he said, were not a Parliament: they were a mere rabble: they resembled nothing so much as the mob of fishermen and market gardeners, who, at Naples, yelled and threw up their caps in honour of Massaniello. It was painful to hear member after member talking wild nonsense about his own losses, and clamouring for an estate, when the lives of all and the independence of their common country were in peril. These words were spoken in private; but some talebearer repeated them to the Commons. A violent storm broke forth. Daly was ordered to attend at the bar; and there was little doubt that he would be severely dealt with. But, just when he was at the door, one of the members rushed in, shouting, "Good news: Londonderry is taken." The whole House rose. All the hats were flung into the air. Three loud huzzas were raised. Every heart was softened by the happy tidings. Nobody would hear of punishment at such a moment. The order for Daly's attendance was discharged amidst cries of "No submission; no submission; we pardon him." In a few hours it was known that Londonderry held out as obstinately as ever. This transaction, in itself unimportant, deserves to be recorded, as showing how destitute that House of Commons was of the qualities which ought to be found in the great council of a kingdom. And this assembly, without experience, without gravity, and without temper, was now to legislate on questions which would have tasked to the utmost the capacity of the greatest statesmen.220One Act James induced them to pass which would have been most honourable to him and to them, if there were not abundant proofs that it was meant to be a dead letter. It was an Act purporting to grant entire liberty of conscience to all Christian sects. On this occasion a proclamation was put forth announcing in boastful language to the English people that their rightful King had now signally refuted those slanderers who had accused him of affecting zeal for religious liberty merely in order to serve a turn. If he were at heart inclined to persecution, would he not have persecuted the Irish Protestants? He did not want power. He did not want provocation. Yet at Dublin, where the members of his Church were the majority, as at Westminister, where they were a minority, he had firmly adhered to the principles laid down in his much maligned Declaration of Indulgence.221 Unfortunately for him, the same wind which carried his fair professions to England carried thither also evidence that his professions were insincere. A single law, worthy of Turgot or of Franklin, seemed ludicrously out of place in the midst of a crowd of laws which would have disgraced Gardiner or Alva.
A necessary preliminary to the vast work of spoliation and slaughter on which the legislators of Dublin were bent, was an Act annulling the authority which the English Parliament, both as the supreme legislature and as the supreme Court of Appeal, had hitherto exercised over Ireland.222 This Act was rapidly passed;and then followed, in quick succession, confiscations and proscriptions on a gigantic scale. The personal estates of absentees above the age of seventeen years were transferred to the King. When lay property was thus invaded, it was not likely that the endowments which had been, in contravention of every sound principle, lavished on the Church of the minority would be spared. To reduce those endowments, without prejudice to existing interests, would have been a reform worthy of a good prince and of a good parliament. But no such reform would satisfy the vindictive bigots who sate at the King's Inns. By one sweeping Act, the greater part of the tithe was transferred from the Protestant to the Roman Catholic clergy; and the existing incumbents were left, without one farthing of compensation, to die of hunger.223 A Bill repealing the Act of Settlement and transferring many thousands of square miles from Saxon to Celtic landlords was brought in and carried by acclamation.224Of legislation such as this it is impossible to speak too severely: but for the legislators there are excuses which it is the duty of the historian to notice. They acted unmercifully, unjustly, unwisely. But it would be absurd to expect mercy, justice, or wisdom from a class of men first abased by many years of oppression, and then maddened by the joy of a sudden deliverance, and armed with irresistible power. The representatives of the Irish nation were, with few exceptions, rude and ignorant. They had lived in a state of constant irritation. With aristocratical sentiments they had been in a servile position. With the highest pride of blood, they had been exposed to daily affronts, such as might well have roused the choler of the humblest plebeian. In sight of the fields and castles which they regarded as their own, they had been glad to be invited by a peasant to partake of his whey and his potatoes.