purchase an estate, or enjoy any rents or profits, or have a lease of land exceeding thirty-one years. If the profit on said lease was greater than a third of the rent, it was to be granted to the first Protestant who gave information to that effect. Neither were the Catholics allowed to succeed to the properties of their Protestant relatives. Any Catholic possessing an estate, and not having a Protestant heir to succeed him, his property was to be divided in equal shares among his children. The Oath of Abjuration, and receiving bread and wine according to the Protestant form, was required as a qualification for office and voting at elections; and all advowsons in possession of Catholics were granted to the Queen.

Sir Toby Butler and other eminent counsel were heard at the bar of the House of Commons, on the 22nd February, 1703, against this breach of faith. Sir Toby showed how shameful it was to break the Treaty of Limerick, and said that the conduct of the Catholics since the surrender of that city ought to be quite sufficient to show how worthy they were of consideration at the hands of the Government. He pointed out how infamous it would be to destroy the existing confidence between parents and children (160). However, in the year 1704, the Royal assent was given to this Act, notwithstanding the able defence made in the previous year by Sir Toby Butler, Sir Stephen Rice, and Prime Serjeant Malone; for they had appealed to persons who had neither regard for public honour nor private virtue. Many Protestant gentlemen of feeling did not exert themselves in the least in putting these acts, of which they did not approve, into execution; and the public viewed as infamous informers, who should be shunned in society, those who gave information for the purpose of ruining their Catholic neighbours.

The House of Commons proceeded to blame supine magistrates and openly praise informers; and it voted that all who did not put the penal code into execution were betrayers of the liberties of the kingdom. Another resolution of theirs was, that all such persons were enemies to the Queen's Government; and they also resolved, that informing was an honourable service rendered to the Government. An Act of Parliament, passed in the eighth year of Queen Anne's reign, exempted Oliver Martyn, Esq., of Tillyra Castle, county of Galway, although a Catholic (161), and gave him leave to settle his estate on his heirs, alleging that he was kind to many Protestants during the war. This certainly looked like gratitude; but many other Catholics in Ireland, who had been also kind during the disturbances, and behaved honourably towards the Protestants, were not remembered by the Government.

Not content with the Act to prevent the further growth of Popery, the Members of Parliament, like a pack of hungry wolves, being eager to confiscate more estates, and add to the persecution of the Catholics, passed an Act in 1709 prohibiting any Catholic from holding an annuity for life. When the child of any Catholic became a Protestant, no matter how young it might be, it was at once to receive an annuity from its father. The Lord Chancellor of Ireland was to compel the parent to declare on oath the value of his estate, real and personal; and then had power to make an order for the support of such child or children, and for securing them such share of the property as the Court would direct. Barristers, attorneys, and all public officers connected with the courts of law, were compelled to educate their children in the Protestant religion. If a Catholic wife became a Protestant, she thereby became entitled to receive a portion of her husband's chattels, whether he wished it or not. Any Catholic public schoolmaster, or private tutor, that educated either Protestant or Catholic children, was to be prosecuted as a Popish regular convict.' This bigoted Parliament was so determined to prevent the Irish people from receiving the benefit of a Catholic education, that £10 reward was offered to any person or persons who should give such information as would lead to the apprehension of any 'Popish usher.' Any two magistrates had power to summon any Catholic who was over eighteen years of age to appear before them, and question said Catholic as to where he or she had last heard Mass, the names of those who were present, and also of the priest, and where he resided. Should said Catholic refuse to give the necessary information, it was optional with the magistrate to impose a fine of £20, or twelve months' imprisonment. Any Protestant had power to file a bill in the Court of Chancery against any person whom he knew to be concerned in any way in making leases, sales, or mortgages in trust for Catholics; and any lawsuit that might arise on the filing of said bill could only be tried before a jury of staunch Protestants; and all Catholic merchants and traders (except those in the linen trade) were not allowed to have more than two apprentices. Several other equally cruel Acts of Parliament passed during this reign. Thirty pounds per annum were granted to every Catholic priest who would become a Protestant. The Corporations passed by-laws to prevent Catholics from trading in towns; and in Galway the persecution was so severe that the priests were actually scourged (162). The Treaty of Galway was openly violated, in 1717, by an Act of Parliament entituled the 'Galway Act.' Catholic freemen were disfranchised, the rabble of every nation and sect were invited to dwell in the town, provided only that they took the

required oaths against the Catholic religion; while all the respectable country gentlemen were expelled from the Corporation, and the most intolerant of men elected to fill their places. The avarice of those parties, however, very often saved the Catholics, as the mayors and sheriffs of the town took bribes from the merchants to allow them to live and trade therein.

CHAPTER XLVI.

RETRIBUTION.

AFTER the accession of Queen Anne to the Throne of Great Britain, the Earl of Marlborough, whose wife was her Majesty's favourite, received the command of the allied forces. When his Lordship landed at the Hague, in Holland, in June, 1702, to take command of the allies, the French army, under the command of the able De Boufflers, by the superior force and great vigour of their military preparations, had already everywhere assumed the offensive; even the frontiers of the Seven Provinces were threatened with invasion, and it was feared that the great efforts of the English commander would be restricted to the defence of the Republican territory. The Earl of Marlborough had also to encounter the many jealousies and the contempt and disobedience of the other allied commanders, who did not appear pleased at having to serve under an Englishman. But this was not all; his lordship had also to contend with the opposition which he received from the Dutch Deputies who were sent to the field by the States-General to control. the movements of their troops. The ignorance of all matters relating to war displayed by those men, and their fear of being held responsible for any false movement the army might make, were serious drawbacks to every bold enterprise which the military genius of the English commander might suggest. However, notwithstanding all these trying obstacles, which oftentimes sorely tried his patience, the Earl of Marlborough eventually succeeded, by a series of brilliant and masterly achievements, in compelling the French to retreat in all quarters before him. He drove them rapidly from the frontiers of Holland, and closed his successful campaign by the sieges and capture of Venloo, Ruremond, Stevenswært, and Liege. These brilliant services, though far short of what might have been attained if the Earl had been allowed to exercise

his own military genius, so surprised the allies that the States-General bestowed the greatest praise upon him, and her Majesty Queen Anne was graciously pleased to confer on him a Dukedom, the most elevated dignity in the British Peerage. Accordingly, the Earl, on the 14th of December, 1702, was created Marquis of Blandford and Duke of Marlborough.

Captain Prendergast, who had received a colonel's commission in the English army from the late King William, in reward for his having discovered the Assassination Plot, was in 1699 knighted, and created a Baronet of Ireland, which was about two years after he was granted the Gortinsiguara estate. On the breaking out of the war on the Continent, in Queen Anne's reign, he joined his regiment, which he accompanied to Flanders, having previously left agents to manage the property for him during his absence, to the great annoyance of Dermot Oge, who still hoped that O'Shaughnessy would yet return.

In the meantime, that young Chieftain continued to correspond regularly with his friends in Ireland. Most of his letters were replete with the glorious conduct of the Irish Brigade, who were almost continually engaged fighting on the Continent. He stated that his first cousin, Charles Lord Clare, in reward of his gallant conduct, was raised to the rank of Maréchal-de-camp, or Major-General in the French service, on the 26th of October, 1704, and that he took an active part in the second or unsuccessful battle of Hochstadt, better known as the battle of Blenheim, fought on the 13th of August in that year.

In this celebrated battle the French and Bavarians were commanded by Marshal Tallard, and the Imperialists by Prince Eugene of Savoy and the Duke of Marlborough. Tallard, having posted himself to the right of Blenheim, was opposed by Marlborough, who had taken up his position to the left of the Imperialists. Prince Eugene was posted to the right of the latter, and opposite the enemy's left wing, which was commanded by the Elector of Bavaria. Marshal Tallard placed Lord Clare at the head of the Irish troops, comprising the regiments of Clare, Lee, and Dorrington, which were posted in the centre, and commanded by Count de Marsin. The Duke of Marlborough succeeded in confining 1,300 French soldiers in the village of Blenheim. Marshal Tallard's cavalry were soon broken by the allies, and Count de Marsin being unable to send him reinforcements, the consequence was that his troops were not able to reassemble, and himself was taken prisoner. The Prince de Holstein-Beck was now sent to dislodge the Irish troops, and drive them from the village of Oberklaw, at the head of ten battalions, but he was overpowered by Lord Clare's cavalry, mortally wounded, and

taken prisoner. The Duke of Marlborough was very anxious to drive the French cavalry from the field, in order to be better enabled to defeat their infantry, but Oberklaw still held out. Some Hanoverian and Danish cavalry made a desperate attempt to rescue the Prince de Holstein-Beck, but were repulsed with loss by the Irish, who still stoutly maintained their ground. The troops under the command of Lord Clare attacked the English flanks, and thereby enabled the French cavalry to rally behind them. Oberklaw was repeatedly attacked, but in vain, by some Hanoverian and Danish cavalry, assisted by the Dutch and English. The Count de Marsin still held the centre stoutly, and four times repulsed Prince Eugene of Savoy with success, but at last, being unable to hold out any longer, they sounded a retreat. The Duke of Marlborough hurried up fresh troops, who were not fatigued by fighting, but Lord Clare and his officers, amongst whom was his cousin O'Shaughnessy, encouraged their men, dashed out of the village of Oberklaw, forced through the enemy's ranks, and cut down a German regiment, that of Goore, which had entered the field of battle 500 strong. This regiment was now reduced by the Irish to fifty men, and Lord Clare's troops, unbroken and unconquered, effected their retreat in regular order across the Rhine.

The Irish lost several of their bravest men in this severe contest, and for a year and some months after they had no other engagement, until, when stationed in Flanders, the great battle of Ramilies was fought, on the 23rd of May, 1706. In this engagement, the French were commanded by Marshal de Villeroy. The village of Ramilies was stormed by a strong force, and the contest lasted for over two hours. The Dutch troops were repeatedly driven back, but as often returned to the charge with great hardihood. Lord Clare, at the head of the Irish Brigade, attacked the Guards with such impetuosity that he was carried into the centre of the allied army. Two Italian regiments favoured his retreat, or his Lordship would certainly either have been slain or taken prisoner. During the whole of the time the Irish were supported by the left wing they did not yield an inch of ground, but when the cavalry of that wing were broken, and the French infantry outflanked, they were compelled to retreat. They scorned to surrender themselves prisoners of war, but, sword in hand, Lord Clare and the Chief of Cineal Aodh, with the other officers of the Brigade, cut their way through the allied army, bearing down their infantry in great numbers. Many of the Irish officers were killed, and the brave Lord Clare, being mortally wounded, died shortly after at Brussels. His Lordship was the second of his noble family that fell in the service of France, his