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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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the benefit of them To Solve this 't is fit to consider that the most moderate of the Confederates would not agree to a Cessation or Peace with King Charles the I. in his necessity whereby he might be at Liberty to make use of his British Army then in that Kingdom in his other Dominions without Cessations of such a nature as Loyal Subjects would never have required For Instance By the 11th Article they pretended to exclude such Noblemen of the British Extraction as had Titles in that Kingdom from Voting in Parliament unless qualified as they directed Article the 27. gives the Irish Agents Authority to Levy confiderable Sums of Money upon the Subjects in an Extraordinary way By the 28. Article the Irish Agents are to joyn with the Chief Governour in Naming of the Justices of the Peace and the Judges By the 12. Article it was to be left to both Houses of Parliament in Ireland to declare what they thought agreeable to the Law of Ireland concerning the Independency of the Law of Ireland upon the Parliament of England nor would they rely upon the Kings Word but by the 9th Article stipulate for continuance of an Army of 17500 Roman Catholicks And by Article 29. That all Cities Towns Forts and Castles in their Quarters which then extended almost over the whole Kingdom should continue in their Possession until the Artides were past into Acts of Parliament This implies an Obligation upon them so to keep this Possession as to be ready to deliver it up when the King performed His Part. But this none of them were able to do having given up the Cities and almost the whole Kingdom to the Vsurper making Conditions for Themselves but not taking the least notice of the King or his Authority The Act of Oblivion the Confederates pretend promis'd them by these Articles was to pass in the next Free Parliament Now how could a Parliament be Free that was obliged before hand to pass an Act so contrary to the Inclinations of most of the British concern'd in that Kingdome or How could the King by the Second Article promise to call a Free Parliament and at the same time by other Articles determined what the Parliament must necessarily do The next Free Parliament that Sate in Ireland after the making those Articles was that which was call'd Anno 13. Car. 2. In this Parliament an Act of Oblivion for the Confederate Catholicks amongst others was offered by Directions from the King but the House of Commons rejected it It is worth Observation how far the Breach of Articles by part of the Confederate Catholicks may Involve the rest and discharge the King of His Promise against them All. If a Besieged City Article and Security upon Conditions be promised the whole Garrison yet if part of the Garrison breaks the Conditions all forfeits their Security Besides King Charles I. before these Articles were entred into had obliged Himself not to Pardon those guilty of the Rebellion but by consent of the English Parliament King Charles the II. by His Declaration from Breda the 4th of April 1660 promises the Adventurers and Soldiers a Confirmation of their Estates according to their Possessions And the Parliament of England hath excepted the Irish Rebellion in the Act of Oblivion To conclude my Answer to this Objection King Charles the II. was the only Judge upon Earth how far He was obliged by these Articles He hath taken notice of them in His Declaration for the Settlement of Ireland and after He had heard all Parties doth Declare That those that pretend they adhear'd to those Articles should not be restered to their former Estates as Innocents In which Determination all good Subjects should Acquiesce I shall now proceed to Answer the Objections made against the Justice of the Acts of Settlement but will first shew how they pass'd in that Kingdom Neither of the Acts were drawn up in the Parliament of Ireland nor could they by the Constitution of that Country they were drawn as advised in England by the direction of the King in Council Nothing past without the knowledge of the Agents for the Irish who were looked upon as Men of the greatest Ability for Parts and Interest of that Nation and had a Gratuity of Three-pence per Acre allowed them out of the Roman Catholicks Estates those were permitted to Dispute every thing they could Object to in the Acts and not Over-rul'd but by the King in Council upon apparent reasons When the Acts came into Ireland they could not admit of the one Word of Alteration and so they passed the Parliament out of which no Man was excluded for being a Roman Catholick nor no Elector of Parliament-Men was refused upon that account Object I. The first Objection then against the Act of Settlement is That the Qualifications appointed by them for the Tryal of Innocents were unreasonable Answ The Qualifications were these That no Person was to be restored as Innocent that before the Cessation made 15. Sept. 1643. was of the Rebels Party Nor any who being of full Age and sound Memory enjoyed their Estates in the Rebels Quarters Nor such as entred into the Roman Catholick Confederacy before the Peace concluded in 1648. Nor such as adhered to the Nuncio 's Party Nor such who derived their Estates from Persons who Dyed guilty of the aforementioned Crimes Nor such as Pleaded the Articles of Peace for their Estates Nor such as being in the Kings Quarters had correspondence with his Enemies Nor such as before any of the Peaces made in 1646 or 1648 Sate in any of the R. C ' s. Assemblies or Councils or acted by Commission or Power derived from them Nor such as Impower'd Agents to Treat with Foreign Princes to bring Forces into Ireland or acted in such Negotiations Nor such as were Tories before the Marquess of Claurickard 's leaving the Government These Qualifications were in the Kings Instructions sent over to the first Commissioners for puting His Declaration of the 30. of November 1660. in Execution which Instructions together with the Declaration were after passed as part of the Act of Settlement No Man yet hath been so confident as to deny but that a Person guilty of any of the Offences mentioned in these Qualifications might justly be esteemed a Rebel unless in one particular and that is in the Enjoyment of an Estate in the Rebels Quarters But to this is Answered That by the express words of the Act those are excepted out of this Qualification that could not with safety live amongst the English and it may justly be presumed that none would choose to inhabit with the Confederates that were not of their Party Besides the Commissioners for Trying the Innocents were so favourable that there cannot be any Named that were Nocent barely upon this Qualification The Confidence of such is Wonderful who pretend they have lost their Estates meerly for their Religion The Vsurpers indeed when they first dispossest them did esteem the
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