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A61340 The state of Ireland, with a vindication of the Act of Settlement and commissioners proceedings, &c. also, reflections on the late Coventry-letter writ by an eminent councellor of that kingdom, wherein the said author endeavours to prove, that it was not for murther, nor rebellion, but religion that the Irish estates were sequestred by the forementioned act / by a person of honour. Person of honour. 1688 (1688) Wing S5301; ESTC R22558 20,095 100

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A Defence of the Present Settlement in IRELAND BY a LETTER pretended to be written from COVENTRY dated the 26th of October 1686. and several other Papers which have been carefully dispersed by some Persons who seem disaffected that the British are Possess'd of so many Estates formerly belonging to Irish Proprietors and with the Present State of Affairs 'T is apparent That there are Those that endeavour as much as in them lies to break the Settlement of that Kingdom of Ireland from which His late Majesty reaped more Profit than all His Ancestors before Him ever receiv'd from that Island And England has been eas'd of those great Expences of Blood and Treasure that the frequent Rebellions of that Kingdom did formerly occasion And although I do not imagin That any Suggestions how confidently soever ●●serted will be able to divert our Soveraign from the Rules of Justice or the Interest of His Crown Yet I think it reasonable for the Satisfaction of Those to whom that Share I have in Ireland may come to set down what I know of that Settlement whil'st fresh in Memory that they may hereafter understand upon what Foundation their Title is built and endeavour and that without Scruple by all lawful Means to Enjoy and Defend It. I intend no Reflection upon any Particular Person nor can I without Trouble mention the Sad Accidents which happen'd between the Years 1640. and 1660. in Ireland Were I not forc'd to it I should esteem it indecent to use the term IRISH REBELLION but 't is now made necessary Let the Blame therefore lie on Him that gave the Occasion However I shall not offer any Thing but what I Know or have good Reason to Believe True and no more of That neither than is Pertinent The Question then being Whether it be Reasonable at this Time to break the Settlement of Ireland The Justice of it will first fall under Consideration In the next place Supposing some Objections might have been made to the Settlement at first Whether at this Time they can be justly hearken'd to Lastly I shall make some Observations on the Coventry-Letter and the Pamphlet from which the AUTHOR of that LETTER deriveth many of his Arguments call'd A Narrative of the Sale and Settlement of Ireland To prove the Settlement Just which is Founded upon the Forfeiture of a considerable Part of the Land of that Kingdom it will be necessary to shew That there was a Rebellion in Ireland which began the 23d of October 1641. and that almost general I. First For this I shall offer as the best Proofs that can be produc'd several Acts of Parliament as the Four Acts of Parliament Passed in England 17 0. Car. I. where this Rebellion is declar'd in the Judgment of that Parliament so general that many Millions of Acres would be Forfeited by it The Act of Settlement which is a brief Narrative of the Rebellion therein stiled almost National The Confederates being Represented in a General Assembly Chosen by Themselves and Acting by a Supream Councel Exercising the Power of Life and Death Making Peace and War Levying and Coyning Money Treating with Foreign Princes for their Government and Protection and Acting under a Foreign Authority Which are the Words of the Act not Words of course but of certain Truth as many could well remember that were living when the Act was agreed upon And the Irish Agents then disputed all particulars where they had the least pretence of Denyal yet these things were made good to their Faces and by the late King directed to be inserted as the Foundation of the intended Settlement The Act likewise that passed the 14 of King Charles the Second Cesse 23. For the keeping the 23. of October 1641. To Seize the Castle and City of Dublin and all other Cities in the Realm To cut off all the English in that Kingdom and to deprive King Charles the First of His Crown and Soveraignty Secondly The Irish do acknowledge that there was a Cessation a Peace made 1646 and another in 1648. between Them and King Charles the First or those Authorized by Him Doth not this necessarily Imply a War and what is a War by Subjects mannaged against their lawful King but a Rebellion These Transactions were in the Names of the General Assembly of the Confederate Roman Catholicks of Ireland which comprehended the whole Nation And if any of the Irish Confederates declared themselves against this Assembly as not included in it let those that know them Name them for their Eternal honour Thirdly The Rebellion was so General that in seven Counties of the Kingdom by the begining of the Year 1643 there were 3000 Outlawed for High Treason In eleven other Counties there were at least 3000 Outlawed for their Rebellion but the Power of the Rebels was so Great that they could not be Outlawed And as for the whole Province of Gonaught the Counties of Tippeary Limerick and Kerry and the rest of the Kingdom the Defection was so Universal that the King had neither Sheriffs Coroners nor any other Ministers of Justice to proceed against the Delinquents Fourthly The Oaths of Association That the General Assembly and Supream Council oblig'd persons within their Power to take directing them to be Administred by the Clergy in every Parish could not but Involve all that lived within their Quarters which first or last were almost over the whole Kingdom in an equal Guilt unless preserv'd by Miracle And if there be any such the Naming of them would give the World much Satisfaction Certainly from these Particulars considered together we may be satisfied of the Truth of that Expression in the Act of Settlement That the Rebellion spread it self universally over the whole Kingdom I shall say nothing of the Barbarous carriage of the Irish at the breaking out of the Rebellion to persons that had given them no Provocation which appeared by several Examinations taken upon Oath by vertue of the Kings Commission when things were fresh in Memory This only may be desired from those who deny any of the Relations published of those Cruelties to name the Places where any of the British were permitted to Live in Irish Quarters before the Cessation but were Murdered or utterly Ruin'd Many have been Inquisitive but could never hear of any one Family that escaped them unhurt unless they joyned with them except some few that were Protected by the late Earl of Clanriskard The Rebellion being so hainous and general as appears by the above Proofs It clearly appears that the Lands forfeited by the Rebels might justly be disposed to others That English Kings have disposed of Lands forfeited for Treason hath been every where so common but in England especially is a matter so well known that it needs no Evidence The King by the Law hath an absolute Right in such Lands which he may give as he thinks fit but those that were in Possession of those forfeited Lands in Ireland at King Charles the Seconds Restauration
they had most part of the Kingdom in their hands and a standing Army of 15700 Horse and Foot of their Confederates God grant their Designs be not the same in this present conjuncture The Legality of the Acts of Settlement are not doubted at least-wise the British are satisfied to rest on them By their Objections they declare They intend their Repeal and yet five Parts of six of the Free-holders and the Major part by much of the Corporations in that Kingdom consist of Persons concerned that the present Settlement should continue as it is so that it is impossible for them unless the Kingdom be in such a condition as it was when they made those Articles to have such a Parliament as will answer their Designs English Roman Catholicks have been of another Temper The Statutes made in H. the Eighths Days whereby Church and Abby-Lands were given to the Crown cannot but be esteemed by every Roman Catholick to be more against the Rules of Justice than those Acts of Settlement they are point blank against the Canons of the Roman Church no general Guilt was cast upon the Proprietors no Innocents escaped The Lands were certainly designed for Pious and Charitable Uses and yet the Parliament in Queen Maries Days had such a regard to the Peace of the Kingdom to Purchasers for valuable Considerations and to Laws formerly Enacted that the Statutes for Dissolution of Religious Houses c. tho' but lately made were confirmed at that Session As Purchasers had no reason to question the Legality of these Acts of Settlement so likewise was there no cause to doubt its Equity when the Forfeiting Persons themselves to those that claimed by the King's Letters or as Nominees or by Proviso's c. in the Acts were contented to take part of their Estates of Lands Forfeited by the Rebellion and disposed of to them by those Acts so waving their former Titles several Forfeiting Persons who had the Land of their Country-men in Connaught given them by the Usurper kept those Lands to their own use and have since passed Letters Pattents for them as Forfeited by the late Rebellion without any Companction whatsoever Lastly His late Majesty was pleased to take very great Summs of Money from the British Patentees for their Confirmation and His Sacred Majesty that now is hath ever since the Year 1662. received the Profits of a considerable part of the Forfeited Lands which who could have imagin'd they would have done had they not thought those Lands might be enjoyed with a safe Conscience It is further considerable That to destroy the Settlement at this Time would Ruine multitudes of Families both in Corporations and the Country that depends upon it some of which consists of Souldiers sent thither since King Charles the Second's Restauration settled there tho' now Disbanded others in great numbers have been brought over by the encouragement of an Act of Parliament made the 14th of Charles the Second and several Orders of Council grounded on that Law Certainly it would be a breach of Faith and common Humanity to undo those who have done nothing to deserve so severe a Punishment It is now time to make some Reflections on the Coventry Letter and Pamphlet Intituled The Sale and Settlement of Ireland And first for the Coventry Letter The design of it seems to be to advise against the Issuing any Proclamation to declare That the King had no Intention to touch the Acts of Settlement but would confirm them Many Politick Arguments are used in it which lye not in my way But if His Majesty had been pleased to have declared His Intention Not to break the Act of Settlement it would have given great satisfaction to most of His British Subjects who tho' they do not mistrust His Justice yet cannot but be much Disquieted by the frequent Threats they receive from those that pretend to their Estates the unreasonable and false grounded Objections of others against those Acts. Neither had such Proclamation been without President for January 24. 1672. a Proclamation Issued by which King Charles the Second to take off a Malitious Suggestion diffused amongst His Subjects in Ireland That he did desire to weaken the Acts of Settlement doth declare That it never entred into His Heart either by His late Commission for Inspection or by any Indulgence granted to His Roman Catholick Subjects to live in Corporations any-wise to Infringe the said Acts. The Gentleman 's chief Arguments are against His Majesty's declaring any Intention to confirm those Acts which he Insinuates would be against Justice and Religion Indeed I believe had His Majesty declared Not to suffer the Acts to be broken most Men would not have desired any Promise of Confirmation for they now think their Estates as fully secured to them as Laws can do it However His Majesty in His several Declarations for Liberty of Conscience in England and Scotland hath promised to maintain His Subjects in the Possession of Church and Abby-Lands and yet it is possible this Gentleman might use some of his Argumenns against those Titles The Gentleman layeth down for a Principle That nothing can support the Catholick Religion in Ireland but to make the Catholicks there considerable in their Fortunes as they are in their Numbers which must be the only Inducement can prevail with a Protestant Successor to allow them a Toleration as to their Religion and a Protection to their Estates and that their having all Imployments cannot prevent this danger This must be acknowledged to be a terrible consideration to the British in Ireland That nothing can make the Roman Catholick Religion considerable but breaking the Settlement and giving the Irish the Lands the British now lawfully enjoy But I have a much better Opinion of that Religion and am confident That many who profess it are not of this Gentleman's Mind We see there are some Men that will not easily be satisfied Favour Imployments nor Free-Liberty in the Exercise of their Religion will not satisfie them They will have All or Nothing Our whole Confidence therefore rests in our King's Justice who we hope will never be perswaded to take away the Estates of those who are Guilty of no Offence against His Laws upon any pretence whatsoever The Gentleman advanceth That new Estated Men would freely part with great Sums and a considerable part of their Lands for a Confirmation That these new Estated Men would be as ready to lay their Lives and Fortunes at His Majesties Feet as any Subjects He hath in that Kingdom is a Truth Tryal would quickly Justifie But their Estates if Laws can secure them they have already as well Worded as they can desire If they should Purchase another Confirmation they are well satisfied a Parliament constituted of the Principles with this Gentleman would speedily Repeal it could they procure His Majesties Consent which I hope they will never do to the prejudice of the Act of Settlement now in Being Here I cannot but remember