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A35641 The case of several of His Majesties subjects in Ireland, commonly called protectees most humbly offer'd to the consideration of both Houses of Parliament. Case, Thomas, 1598-1682. 1698 (1698) Wing C985; ESTC R23911 8,901 26

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a very few Months after they had been thus taken into his Majesty's Royal Protection they were all in this manner to the number of some thousands attainted of High Treason their Estates whether Leasehold or Freehold seized and all this at a time when they had late abided the utmost Ravage of a licencious Soldiery and had nothing that stood above ground left them In this distressed Condition without House or Home have they ever since struggled with their Wants and such of them only happy as are gone to their long Rest with their Fathers Nor can they or their Posterity ever Intertain any hope of Relief if their Expectations upon this Juncture from so Gracious a King and so Wise and so Just a Parliament shall be intirely disappointed It may be a necessary mark of that Duty owing to the King here to observe who are they who promoted and set on foot these extraordinary Ways of Violence for it is as evident that the King did not give order for such proceedings as it is that they were not carry'd on for his Honour or Service It will perhaps upon a full Enquiry appear there were several Setts and Forms of Men principally concern'd in the upholding these Prosecutions Some animated by passion and prejudice of long standing grounded on some struggle about Interest and difference in matter of Religion Some sick of their Condition at home and desirous from an English broken Fortune to become Wealthy Rulers and Lords in Ireland some who hop'd to have for asking and others who design'd to buy of them for next to nothing Some push'd on by a Resentment of late Injuries and all in fine united to pursue the Chace and to divide the Spoil amongst ' em And as a clear Evidence that no part of this Reproach is levelled at his Majesty's Person It is further to be observ'd that some sew of these thus attainted Gentlemen who had the Means left of laying their Case before his Majesty were rescu'd from the common Plunder and admitted to reverse their Outlawrys And without all peradventure his Royal Clemency had extended to as many more as were equally Innocent if He had been in like manner apprized of their Case and Condition and how far they are answerable to the King and to this great Tribunal whose province it was to lay the Condition of his People in a full light before Him and who on the contrary have imployed their Interest and Authority to block up all the Avenues to his Grace and Favour and have made use of his Name and the Trust sometimes repos'd in them to carry on their Oppression and Avarice is not for me to Judge It now occurs to me that I have often heard some well Meaning and Worthy Gentlemen Object why such as were only in the civil Magistracy c. which considering the force that was upon them could not be avoided and consequently could be no Crime why such when they found themselves indicted did not appear and take their Tryal To which may be Answer'd In the First place that some of them as before hinted were come for England and being under very high Bail to appear when called for and having a Pass from the Government upon such Bail given to go into England were in no Apprehension of being charg'd with such Capital Crime without some previous and publick Notice given and these were outlaw'd some Years before they had heard of any Prosecution against them and an Act of Parliament passed there in Confirmation of all Outlawrys whereby his Majesty was depriv'd of the Power of giving Order for Reversal of such Outlawrys Secondly it was so contriv'd that very few of those who continued in Ireland could probably speaking have any Notice of their being prosecuted till they were actually out-law'd for that the Indictment and Process was for the most part set on foot and carried on in some Country remote from the place of Residence of the Person prosecuted and they being then by Order of the Government under pain of Imprisonment and other Penalties requir'd not to stir above Five Miles from Home they were depriv'd of the Opportunity of discovering such Proceedings till 't was too late to prevent them Lastly as to such of them as had Notice of an Indictment of High Treason exhibited against them it is to be consider'd how little Reason they had so far to rely upon their Innocence or early Return to their Duty as to put their Lives in Predicament when they found they were to be tryed by Persons newly exasperated against them when they daily saw contrary to all Law and Practice Indictments of High Treason exhibited and found against persons who had long layn in their peaceable Graves and were past the making any Defence in this World when every day furnish'd Instances of the like Bills for High Treason committed in Ireland during the War found against meer Children against persons who had not been there in some Time before or since the War and even against some who had never been in that Kingdom besides Indictments beyond Number found for Treason committed upon the 13th of February 1688. being the very Day of their Majestle's Accession to the Crown and of which it was altogether impossible to have had Notice in Ireland in some Days after these Treasons are laid These and a great Variety of the like Effects of the Resolution then by some taken to root out that unfortunate Remnant were sufficient perhaps to deter a wiser and more hardy People from putting their Lives in Hazard It may here appear proper enough to say somewhat of such Acts and Complyances as in former Civil Wars have been deem'd not Treasonable but I would not seem too apt to plunge out of my Depth and therefore must not undertake a Topic I know so little of I am withal not to forget that I have taken the Liberty to address this Treatise to an Assembly consisting of the Greatest and Wisest Men and that if I can say enough to put them on Discussion of the matter it will be much more prevalent than any thing I can urge to support it I shall therefore as to this think it sufficient to observe That in all our Civil Wars the Wisdom of our Great Council has been such as not to have inhanc'd these small and if I may so say natural Acts of Complyance into Treason There has ever been much allow'd to humane Nature and the Principle of Self-preservation when Men and their Families are fallen under a Force not to be resisted The Civil Magistracy is an Institution meerly for the Welfare and Support of Society to be a Barryer between the Weak and the Strong and at all Times as much as may be to preserve Peace and Order and in the Times of Trouble and Tumult has been found as useful towards these Ends or rather more than in the Times of Peace and rightful Administration and therefore in all Ages the Magistrate and civil Officer of