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A85446 The great case of transplantation in Ireland discussed; or Certain considerations, wherein the many great inconveniences in the transplanting the natives of Ireland generally out of the three provinces of Leinster, Ulster, and Munster, into the province of Connaught, are shewn. / Humbly tendered to every individual member of Parliament by a well wisher to the good of the common-wealth of England. Gookin, Vincent, 1616?-1659. 1655 (1655) Wing G1273; Thomason E234_6; ESTC R6361 17,246 34

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war who desired peace with the Irish in armes who accounted and declared all Enemies that joyned not at least seemingly with them and proceeded with more severity against dissenting natives than English On the cleering of this objection from justice hangs indeed the whole weight of the controversie And therefore the doing it solidly can be of no mean concernment the way will be by Considering of the Resolution that the law gives to two or three questions and the application of them to this present affaire 1 What punishment is what are the ends thereof and whether and in what Cases it may be annulled or Abridg'd 2 In what kind of punishments the Rulers or generality of a Nation may involve the Commons or each particular 3 How long punishment against a Nation is to be continued To the first Punishment is the evill of suffering enjoyned for the evil of doing The ends thereof are commonly mistaken men making punishment the end of punishment the gratyifing either the Law it self which is without sence of the satisfaction or God who delights not in suffering as such or the party injured the scratching of whose itch in the way of revenge barely is utterly unlawfull the truth is an injury done is unrepealable and neither God nor the law of Reason delights in accumulation of suffering or are pleased with pain barely as it is paine Reason dictates man must do nothing to hurt another man unless it have some good end and in the paine of the Enemy alone so nakedly considered there is no good but false and imaginary Therefore were it not for what 's to come the Law would never punish though the greatest crime for what 's past for that 's irreversible Therefore the sayings of the wise men are we must come to vengance not as it were sweet but profitable some things are honest simply some upon necessity of which sort is punishment No wise man inflicted a punishment because a fault is done but that it may be done no more for justice is not Anger but Caution to devise how one may bite him that bites us is the part of a beast from whence it follows although you do no injury though you punish an offence yet you likewise do no injury if you do not punish unless in connexion with the ends contrary to the vulgar who are as inexorable as Nemesis and thinks him the justest man that like Draco writes all his Laws in Blood Now the ends of punishment are these three 1. That the Offender may be rescued from lapsing into the same fault for the future 2. The Offended from future injuries And 3. Example to all by the penance of few From whence it will follow to the third head contrary to the Stoicks judgement who say that punishment is due to the offence and a wise man gives every one his due and therefore no delinquency should scape by better reason there being not alwaies a juncture of those ends with suffering That sometimes it may be taken off or relaxed Before a penal Law will not seem so strange but even after a penal Law likewise If the ends for which punishment was ordained in a moral estimation be not necessary or if other ends on the opposit part occur not less profitable and necessary or if the ends proposed by the punishment may be attain'd any other way Answerable to these reasons were their actings when God gave the Law he deprived not himself of all power but reserved a liberty to pardon none can put any one to death without Law nor any but the Supream pardon them sayes another and this mercy they dispenc'd on these two cautions of Violence and Ignorance where they found them for that these take off from voluntary and that from guilt Now if strict Law give thus much scope for mercy what ought mercy and goodness which should be in all to their like but especially when Evangelicall Law goodness and mercy commands this too To apply this first particular to the case of the Irish it will thus state it as was declared before that though their crimes have been heinous yet they are to be punished onely with reflexction not on their evill past but the good to come and then onely if no other way will compass this end but their punishment and then onely in such a degree as they are found capable of the diminutions of punishment Iignorance and Violence and certainly neither of these will be denied but that as a great part of them acted through ignorance so the force of an Army levied was sufficient to compell the rest c. 2 The second question is Answered thus Magistrates may contract guilt from the Commons they vicissively from their Magistrates and heads or Rulers in sharing in the publick crime must in the punishment But it is to be noted likewise that there are publick punishments and private for example as when a Common-wealth is overthrown it suffers a publick death reduced to a Province undergoes slavery a City loses its Walls Shipping Officers Treasure Laws Ensigns Magazines in sharing these each particular may suffer But that particular men for the offence of a Community without their consent should lose the things that are proper to themselves is unjust publick offences brings publick punishments particular guilt particular suffering Apply this second to the Irish and let the active ruling part be distinguished from the passive subjective and publick punishments from particular and justice is done The last question is thus satisfied How long a Commonalty shall be prosecuted with justice shall punishment be alwayes exacted while the community last No Those being extinct by whom merit was derived to the Community the merit it self is also extinguished and punishment cannot consist without merit You may account it a sufficient punishment that none of the offenders are now alive sayes the Civil Law It is a mistake in mans dealings though with God just that because Children receive honours and rewards for their fathers good deeds that they should be punished for their evill Because a benefit may without injury be conferd on any but so cannot a punishment This decides the last part of the Scruple touching the Irish for the bloody persons known are all dead by Sword Famine Pestilence the hand of civill justice or remain still lyable to it or are fled beyond sea from it The Priests and Souldiers the kindlers of the war in the beginning and fomenters of it since are for the first universally departed the Land and for the second to a vast number and the most dangerous the remaining are weary of war having long since submitted and those that are out sue for nothing but mercy for the poor Commons the Sun never shined or rather not shined upon a Nation so compleatly miserable There are not one hundred of them in 10000. who are not by the first and fourth Articles of the act of settlement under the penalty of losing life and estate
the English Fleet where therefore they may receive Arms from any Forein Prince with most security modelize themselves into Arms and be furnish'd irresistably for a new war by means of these advantages the English in the last Rebellion first lost Connaught and last regained it Fourthly they exceedingly mistake who imagine that the passage out of Connaught into the other three Provinces is difficult or may be easily defended against the Irish if they should thus be armed and fitted for a new war Whereas it is evidently for the securitie of the English and English interesse to divide the Irish one from the other especially the Commonaltie from the Cheifs and both from the advantages of receiving probable assistants from Foreiners Objection But notwithstanding many of these inducements to joyn with the English yet many of the Irish have of late turned Tories by means of this cohabitation Answer The mistake is great in attributing that effect to this cause The reall causes of those later Tories are such as these First the Common-wealth's necessitie for money to maintain the Army of Ireland brought the protected people under a tax so insupportable that the generalitie of them were forced to a monethly diminution of their principall substance which by degrees brought laborious husbandmen to so sad a state of povertie that they were necessitated to this hard choice of starving or turning Tories Secondly Lawes were imposed on the protected to discover and resist Enemies upon pain of death although they neither had nor were allowed Armes or means to inable them to it or defend themselvs nor could the Law-givers protect them either in their estates or lives from that Enemie to whose malice and fury the observance of those Lawes made them liable so that both the contempt of and obedience to them exposed these poor people to be punished with death either by the English or Irish Thirdly the violence and oppression by some of the Souldiers inflicted on them is incredible and by the injured people's just fear to complain many horrible facts of this nature go daily unpunished Fourthly the narrowness and streightness of the Parliaments concessions of mercy to that Nation in the first and fourth article of the act of settlement which doth not declare one in 500. pardonable either for life or estate and when men see a line of destruction measuring out their portion nature teaches them to perserve their lives as long and sell them as dear as they can by resisting to the uttermost the power of that state whose declared resolves exempt them from all mercy Object But if this toleration of Irish cohabiting be allowed the Adventurers and Souldiers it is feared will acquiesce in them rather than expose themselves to the expence and difficultie of transporting and planting with English Answ. All the Irish and all their stock is not proportionate to the fifth part even of the three provinces and therefore cannot satisfie the proprietors ends of planting their land though being advantagiously dispersed and disposed of they may be instrumentall by their labours and industry to make preparation for and to facilitate the settlement of such others as the planters must necessarily bring thither for the full improvement of his Land Thus we see no necessity of this transplanting in regard of the three great ends alledged Religion Profit Safety but rather so great a necessity of them that there 's no reason at all for it But there is one thing more which wise men will consider and that is the impossibility of this transplanting Among the five things Impossiblilities are one head that are excluded deliberation There are Laws made and Orders gone out for their going Universally into Connaught by March next But suppose they should have a dram of Rebellious blood still in them or be fullen and not go It is not impossible but this may be so nay it is certain it will be so for they were by Orders to remove long since and yet an inconsiderable part onely obeyed the generality choosing to run all hazards obstinately than condescend They say they can but find want and ruine at the worst if they stay and why should they travel so far for that which will come home to them can it be imagin'd that a whole Nation will drive like Geese at the wagging of a hat upon a stick but there 's an Army to compell them I this is the way to have an Army nay to have two Armies one more then we would of the Enemies and then perhaps to have one less then we would again never a one of our friends Surely more English Souldiers have perisht by the Countrey then the Sword of the Irish They are more afraid of Tories then Armies and Woods and Boggs then Campswhere It will be harder to find them then vanquish them And when will this wild war be finished Ireland Planted Inhabitants unburthened Souldiers setled at this rate who will be able to stir abroad for fear to live at home for want And when a dangerous experiment has been tryed it may be Quiet will be sought at a dearer rate then it might be found now It 's a sad thing to fight against men till they are reduced to us then to fight against them because they will not part from us And that this is certainly the true state of the controversie and not any dregs of Rebellion in them unpurg'd yet will by this evidently appear that those whom Fear or Want has made lately to swell the number of the Tories so much to shew their disposition to quietness did at their first going out and do still continue to offer securitie for their peacable demeanors in the English quarters if they may be accepted and to take the first opportunity to go beyond sea for Souldiers And if this will not be granted who knows what desperation may make them willing to do and us unwillingly to suffer Although to discover so many monstrous and evident dangers and losses necessarily impending upon the generall removall of the Irish out of the three Provinces into Connaught and not against small single but such severall great Interess viz the continuing the Irish Papists or making them turn Atheists the knitting again like Worms their divided septs and amities which are now cut in sunder the entailing barbarousness upon them by such a consociation for ever the giving them power to rebell again by crouding them all together and will by the great injury they conceive they have in this action against which they have 't is strange as great a resentment as against loss of estate yea even death it self The aspersing the English Nation with Cruelty ungratefulness and in some sort unfaithfulness The destruction of the States Revenue the standing Army the disbanded Souldiery former English Inhabitants present Adventurers and future Planters Though it were enough to represent barely a Hydra so pregnant with mischievous heads to have it cut off and new resolutions to succeed those which