Neighbours Cities especially Dublin encreased exceedingly Gentlemens Seats were built or building every where and Parks Enclosures and other Ornaments were carefully promoted insomuch that many places of the Kingdom equalled the Improvements of England The Papists themselves where Rancour Pride or Laziness did not hinder them lived happily and a great many of them got considerable Estates either by Traffick by the Law or by other Arts and Industry 2. There was a free Liberty of Conscience by connivence tho not by the Law and the King's Revenue encreased proportionably to the Kingdom 's Advance in Wealth and was every day growing it amounted to more than three hundred thousand pounds per annum a Sum sufficient to defray all the Expence of the Crown and to return yearly a considerable Sum into England to which this Nation had formerly been a constant Expence If King James had minded either his own Interest or the Kingdoms he would not have interrupted this happy Condition But the Protestants found that neither this nor the Services of any towards him nor his own good Nature were Barrs sufficient to secure them from Destruction 2. It is certainly the Interest of all Kings to govern their Subjects with Justice and Equity if therefore they understood or would mind their true Interest no King would ruin any of his Subjects but it often happens that either Men are so weak that they do not understand their Interest or else so little at their own Command that some foolish Passion or Humour sways them more than all the Interest in the World and from these proceeds all the ill Government which has ruined so many Kingdoms Now King James was so bent on gaining an absolute Power over the Lives and Liberties of his Subjects and on introducing his Religion that he valued no Interest when it came in competition with those 3. Every Body that knew King James's Interest and the true Interest of his Kingdoms knew that it concerned him to keep fair with Protestants especially with that party who were most devoted to him and had set the Crown on his Head and this had been in the Opinion of thinking Men the most effectual way to inlarge his Power and introduce his Religion but because it did not suit with the Methods his bigotted Counsellors had proposed he took a Course directly contrary to his Interest and seemed to take a peculiar pleasure in affronting and oppressing those very Men whom in Interest he was most concerned to cherish and support His Proceeding thus in England was visibly the Cause of his Ruin he had left himself no Friend to stand by him when he stood in greatest need of them Upon his coming to Ireland the Protestants had entertained some favourable Hopes that he would have seen and been convinced of his Error and would now at last govern himself by other measures it was manifestly his Interest to have done so and nothing in probability could have allayed the Heats of England and Scotland so much as his Justice and Kindness to the Protestants of Ireland nor could any thing have had so much the Appearance of an Answer to those many and evident Arguments by which they demonstrated his destructive Designs against those Kingdoms as to have had it to say that in Ireland where it was in his Power he was far from doing what they surmised he intended to do in England or if he had ever any such intentions it was plain he had now altered them These things were laid before him by some that wish'd well to his Affairs and had more Prudence than his furious and bigotted Counsellors and sometimes they seemed to make Impressions on him but the Priests and needy Courtiers who had swallowed in their Imaginations the Spoils and Estates of the Protestants of England as well as of Ireland could not endure to hear of this They seemed mightily afraid lest he should be restored to his Throne by consent of his Protestant Subjects For if so said they we know it will be on so strict Conditions that we shall gain but little by it it will not be in his power to gratifie us And not only they but the Irish in general likewise endeavoured to make his Restitution by way of Articles or Peace impracticable and impossible A Design so extremely foolish that it is strange any should be found so sillily wicked as to promote it or that King James should be so imposed on as to hearken to it and yet it is certain he did at least at some times entertain it and was heard to express himself to one that pressed him to Moderation to Protestants on this account that he never expected to get into England but with Fire and Sword However his Counsellors were not so weak but they saw what disadvantage his dealing with the Protestants had on his Interest in England and therefore they took care to conceal it as much as possible they stopped all Intercourse as far as they could with England they had a party to cry up the mildness of King James's Government towards the Protestants to applaud the Ease the Plenty the Security in which they lived and to run down and discredit all Relations to the contrary that came from Ireland These endeavoured to perswade the World that there was no such thing as a Bill of Attainder or of Repeal no Act taking away the Preferments or Maintenance of the Clergy nor any Imprisonment or Plundering of Protestants no taking away of Goods by private Orders of the King or levying of Monies by Proclamations In short they did that which on all occasions is the Practice and indeed Support of Popery They endeavoured to face down plain matter of Fact with Forehead and Confidence and to perswade the World that all these were mere Forgeries of King James's Enemies As many as believed these Allegations of theirs and were persuaded by them that the Protestants of Ireland were well used by King James were inclined to favour him a certain sign that if they had been really well used by him it would have gotten him many Friends and perhaps reconciled some of his worst Enemies But the Design entertained by him and his Party required the Ruin of Protestants and of their Religion whereas his Interest required that it should not be believed that he designed either and therefore Care was taken to prosecute the Design with all eagerness and deny the Matter of Fact with all impudence and his Majesty took care to promote both for he ruined the Protestants of Ireland by his Acts of Parliament and by the other Methods we shall hereafter speak of and by his Proclamations sent privately into England to his Partisans there assured the World that the Protestant Religion and Interest were his special care and that he had secured them against their Enemies It was his Interest to have done as well as pretended this but the carrying on his Design was so much in his Thoughts that he chose to sacrifice his
so kept them in Heart by countenancing them that they did not doubt some time or other to recover their Estates and they often told the English when heated by Drink or Passion that the time was drawing near when they would out them of their Estates and Improvements and send them to Dig or Beg. This Hope kept the Irish Idle and hindred them from applying themselves to any thing else and they were so sure of regaining their forfeited Estates that they disposed of them by Wills and Settlements as if in Possession which Wills and Settlements made by them whilst out of Possession are confirmed by a particular Act made in their late pretended Parliament 2. When King James came to the Crown they reckoned they had gained their Point and did not fail to labour it with all possible Industry and no doubt but his Majesty designed to gratifie them in it but he did not think fit to let the Protestants know his Intentions on the contrary he industriously concealed them He sent over the Lord Clarendon Lord-Lieutenant in the Year 1685. who arrived here January 10. he gave him in Charge to declare That he would preserve the Acts of Settlement and Explanation inviolable And accordingly the Lord Clarendon made this Declaration in Council and further gave it in Charge to all the Judges who solemnly declared on the Bench in their respective Circuits the Kings firm Intentions to preserve those Acts and in them the Protestant English Interest of Ireland At the same time Sir Charles Porter was sent over Chancellor of Ireland and he likewise had a Command from the King to assure all his Subjects that he would preserve these Acts as the Magna Charta of Ireland and Sir Charles at his entrance on his Office declared this solemnly on the Bench as Chancellor Fitton also after did and used withall to term it The Darling of the Nation and that it was the King's Pleasure to give his Subjects this Assurance These kind of Declarations were often repeated and gain'd Belief from the credulous Protestants especially that made by Sir Charles who behaving himself with Courage and Integrity in his Office went a great way to perswade them But the Papists were nothing daunted at it they knew that this was only a piece of Policy to â—ull us asleep till the Army was modelled and things fitted for repealing these Acts and then all the Protestations to the contrary would signifie nothing The new Attorney General Nagle was the first that durst openly propose the Repealing of them in his Letter from Coventry dated October 26. 1686. in which he endeavours to shew some Nullities and Invalidities in the Acts but mainly insists on the Inconveniency it would bring to the Popish Interest to have those Acts continued When the Earl of Tyrconnel came to the Government things were Riper and so King James ventured to discover his Intentions a little further and therefore in the first Proclamation issued out by the Lord-Deputy Tyrconnel and dated Feb. 21. 1686. he promised to defend the Laws Liberties and established Religion but upon debate at the Council-Board leaves out the Preservation of the Acts of Settlement and Explanation In Spring 1688. he sends over to England Chief Justice Nugent and Baron Rice to concert the Methods of repealing it That this was their Errand was publickly known and is confessed by my Lord Sunderland in his Letter to his Friend in London dated March 23. 1689. and if we believe him they bid 40000 l. to gain his Lordship to assist them but whatever his Lordship did with them it is certain they succeeded in their Design though perhaps a little delay'd in point of time and agreed on the several Steps by which they were to bring it to pass they knew it was generally discoursed that they went on this Errand and it would have alarm'd the whole Kingdom if they had own'd their Success they therefore dissembled it and contrived to have it given out that the King had rejected their Proposals but granted others that were very Beneficial to the Kingdom the Heads of which they took care to have published In the mean while they fell on prosecuting their Design according to the Secret Resolutions agreed on and began immediately to put things in order to have a Parliament that would be sure to answer their Intentions they proceeded to finish the Regulations of Corporations against which Quo Warranto's had before been issued as we have already shewed and that things might not stick in the House of Lords by reason of the Numerousness of the Protestant Peers and Bishops a List was drawn up of such Papists as the King might by Writ call into the House to Out-vote them The Sons of such Lords as had been Indicted and Out-lawed for the Rebellion in 1641. had brought Writs of Error to reverse their Father's Outlawries which made them uncapable of Sitting which was in effect to destroy the Act of Settlement that was founded on those Out-lawries The Protestants saw the Consequence of the Reversing them and therefore earnestly opposed it but Lord Chief Justice Nugent and his Fellow-Judges over-ruled all Oppositions that could be made and reversed as many as desired it Some of them when they had reversed the Outlawries ask'd the Attorney General whether they might not now Sue for their Estates He answered that they should have a little Patience perhaps they would come more easily meaning that when a Parliament sate it would by repealing the Act of Settlement give them their Estates without a Suit 3. But many had not Patience to wait the General Restitution and therefore as soon as they had Judges and Sheriffs to their mind they set up Counterfeit Deeds and easily obtained Verdicts if the Protestants brought a Writ of Error yet that did not benefit them nor stop their being outed of Possession for the Sheriffs on their own Heads gave the Old Proprietors Possession and left the Protestants to recover it by Injunction out of Chancery or by Common-Law Thus Doctor Gorge was outed by Mr. Barnwell of a great Estate and many others notwithstanding their Writs of Error Some Old Proprietors had gotten some Conditional Orders from the Commissioners of the Court of Claims for Estates many of which only enabled them to bring their Actions at Common-Law These had laâ—â— dormant since the sitting of the Court of Claims which was above Twenty Years but now instead of bringing their Actions into the Court they carried their old Injunctions which they had procured from the Court of Claims and which they thought not fit in all this time to execute as knowing legally they could not yet I say so long after the Dissolution of the Court which granted them they carried them to the Sheriffs and they without any more ado put them into Possession whereby they deprived the Subject of the Benefit of those Laws that make Fines levied with Non-claim a perpetual Bar and also dispossess'd and put by all intermediate
he did not see it dropt About the same time a Fryer was brought up to Town who pretended to be dumb and maimed the Popish Clergy gave out that Duke Schomberg had cut out his Tongue and thus maimed him and declared that he would serve all the Priests and Fryers after the same manner and they made proposals to revenge it on the Protestant Clergy King James caused the Fryer to be examined and discovered the deceit which falling immediately on Mr Spikes business made the King say in great Anger that for ought he saw the Protestants were wronged and misrepresented unto him and that there were some as great Rogues among the Roman Catholicks as amongst them The Fryers to acquit themselves of the Cheat got their Brother Fryer severely lasht pretending that he was a Spy and none of their Fraternity upon which he was carryed naked through the Town on a Cart in a Savage manner to execution as was suppos'd but was brought back and put into Prison from which after sometime he was dismissed and his Habit restor'd him Many such contrivances there were against the Lives of Protestants and they could not look on themselves as safe while such wicked Men were unpunished the Courts also declaring that the Witnesses though perjur'd could not be punisht because they Swore for the King 2 No Protestant was secure of his Life because the Courts wrested such facts to Treason as were not declared so by any Law Thus Cheif Justice Nugent declared it was Treason for any Protestant to keep Arms or wear a Sword after the King had forbidden it by his Proclamation and declared them Rebels that did so several Gentlemen in the Country had kept their Horses and Arm'd their Servants to watch them against the Robbers commonly call'd Rapparies that plundered them this was construed a Levying War against the King and the pretended Parliament Attainted them of High Treason In the County of Cork one Mr Brown had appear'd in a company of Men who endeavoured to make their escape from those that came to plunder them of their Arms and Horses but misliking the design went home to his own Houfe He was brought before Judg Dally for this at Limerick who upon examination of the matter dismist him judging him innocent of any crime that would bear an Indictment but he was taken up again for the same Fact at Cork and brought before Judg Nugent at the time when King James came first thither Judg Nugent seem'd at first to be of the same opinion with Judg Dally but after he had discours'd his Majesty he proceeded vigourously against the Gentleman and procured him to be found guilty by a partial Jury Every body lookt on this only as an occasion sought for the King to shew his Clemency Mrs. Brown the convicted Gentlemans Wife with five or six Children presented him a Petition begging her Husbands Life at his Feet as the first Act of Grace on his coming into the Kingdom but he rejected her Petition and notwithstanding she reinforc't it with all the Friends and interest she could make the Gentleman was hanged drawn and quartered This awakened all the Protestants in Ireland it made them remember the bloody Executions in the West of England on the account of Monmouth's Rebellion and how small a matter serv'd to take away Mens Lives there they suspected that Judg Nugent would act the same part in Ireland that Chief Justice Jeffreys had done in England and they knew that if the King did not interpose neither Juryes nor Witnesses would be wanting to destroy them in short they became very sensible that their Lives were in imminent danger when they saw a Gentleman of some Estate and Credit in his Country hang'd for being but in the Company for a little time without acting any thing of some others who endeavoured to make their escape from a Crew of Robbers that without Order or Commission came to Plunder them of their Horses and Arms they had the more reason to be Apprehensive of their Lives when they found that no Advantage was let slip against them nor any Articles or Promises however solemnly made to them for their safety and indemnity were regarded of which there were many Examples 3. At the time of the disarming February 24. the Town of Bandon near Cork being frightned and surpriz'd with such an unjust and sudden thing and not knowing where it would end shut up their Gates and turn'd out some Dragoons who were appointed to disarm them General Mac Carty went to reduce them and they believing him to be a Man of Honour yielded to him upon Articles for which they paid him 1000 l. ster by the Articles they were to be indemnified for what was past and a Pardon to be granted them Notwithstanding which Articles the Grand Jury at Cork by direction of Chief Justice Nugent found Bills against them resolving to serve them as he had served Mr. Browne and it was suppos'd that he was encouraged to do it by King James himself The time allowed him for the Assizes would not permit him to try them then and for this reason and on the Importunity and Menaces of General Mac Carty who being on the place thought himself obliged to make good his Articles he put off their Tryal till the next Assizes These Bills lay over their Heads no pardon was granted them and some of them were condemned in the Act of Attainder The Earl of Inchiquin and Captain Henry Boyle had put themselves under General Mac Carty's Protection and he engaged to secure them and their Houses but he did not perform his Promise for Castle-martyr belonging to Captain Henry Boyle with all the Improvements and Furniture to the value of some Thousands of Pounds were destroyed and plundered by his Soldiers assisted with the Rabble and he with the Earl were glad to provide for their safety by leaving all and flying into England In Connaught some Protestants got into Headford Castle belonging to Sir Oliver St. George to avoid the violence of the Rabble They were besieged by the Lord Gallway and surrendred on Articles of Pardon and Safety But at the next Assizes a Bill was prepared against them and presented the Grand Jury at Gallway the Jury tho Papists considered as they said that it might be their own Case another day and some stickled so earnestly against the Bill that there were not enough to find it However no body knew whether every Jury would be of that humour and no care was taken to discountenance such Proceedings Sir Thomas Southwell with some Gentlemen of Munster were unwilling to part with their Horses and Arms many of them having been robbed and plunder'd of their Stocks before and justly suspecting that as soon as their Arms were gone neither their Lives nor the remainder of their Substance could be safe They got together therefore with their Servants to the number of near Two hundred and resolved to march to Sligoe to joyn the Lord Kingston for their
of all His Majesty's true Subjects in Ireland and shut himself up between two Potent Enemies in England and Ireland whereas by setting the Irish on a sure foot he always hath for a Refuge that Country which he will find to be far better than nothing and may be with time a means to come into England But Trimmers will tell him That it is no matter for His Majesty if he can gain the English Rebels by sacrificing Ireland to them who will inhabit it whether English or Irish nay I believe rather English and so make it an English Interest all along and he will be apt to believe it but it imports the Irish to look about them and consider if that be their Interest Add to all these considerations with many more and better you can think of an essential and indispensible one which is to please this King and Court of whom his Majesty now and you all depend solely and wholly by saving their Interest along with that of his Majesty and your own which cannot be done but by settling of Ireland upon the best and most advantageous foot that can be contrived with Reason and Justice 〈◊〉 it may be a Check upon England as Scotland formerly to keep it from Rebellion against their own Prince From trouble and Invasion upon France and a Tye upon the Kings of England hereafter to keep good Correspondence with France and keep Ireland in a flourishing happy condition and not to be Slaves to all the People and Scums of England If 48 or other were loath to press any such Conditions or Proposals on the King they may make use of the French Minister Count D'Avaux who is with him as a good Adviser and for to manage his Masters Interest I think it may be well and rationally proposed if by the King of France's means such an advantageous settlement may be procured for the Nation and that he would be as a Guarranty or Protection of it to give him as well for his assurance or Guarranty as for the payment of what he advances for the King and Country some Sea-ports in Ireland as you have hinted in your last This is what now comes into my head upon this Subject which M. B. does not neglect to insinuate and imprint as much as he can though not well in his health into the Heads and Hearts of the Ministers and People about Court Though 27 gave no Power or Credit to any body here to speak of Business but to his Son-in-Law L. W. in Cypher 110. but M. B. does it privately upon his own account and acquaintance with the People without thwarting him in any of his Ways But you know what one says tanquam potestatem habeâ—s carries more weight than what he says as a private man And therefore I think it were not amiss that 48. from himself or by the said French Ministers means may get order from 27 that 92 may be heard and Credited at Court as to the Concerns of 78 which to prevent and hinder some that would not have it put into 27's head as 't is thought to desire 92 to follow him as soon as he were well in his health along with 23 and before he saw himself to tell him so knowing he was sick gave orders to 18's fellow traveller whom I added to the Cypher thus 112 to tell him so which he has perform'd only by another Master Barry belonging to 34 for he never came himself to see him which I think was not prudently done of him setting civility aside for they may communicate one to another what may be best to do with 86 for the service of 78 and certainly without any vanity 92 knew better how to manage that interest with 86 than he or any of his profession there But I find some do suspect the sincerity of that Man for the Publick Interest I know not if they wrong him but one thing I know he does not like to see any of 64 or 65 have any hand in Business Of which I think I gave you once already a hint from 87 when he and 98 were there and I cannot tell but it may be he that might have given 27 that advice of drawing 92 from hence who desires not to be but where he may be most useful to his Religion King and Country and if any necessity may be of his Vote there he can send you a Procuration in blank if he be thought more useful or necessary here 'T is now high time I suppose you should ask me what is this great and solid settlement I would have for Ireland To which I answer That you and others there likely know best But that I may speak my own little sense on the matter I say I would have two or three of the Irish Nation to be still of the Kings Council and one of them Secretary of State for the Affairs of Ireland as Scotland has I would have some of their Nobility to be of the Bedchamber by reason both of Honour and Interest I would have all the Employments Civil and Military given to the Natives of the Country Unless the Country thought â—it to introduce some Strangers for better advantage and improvements I would have them restored to their Estates both Spiritual and Temporal usurped by the Cromwellians or under the Title of being Protestants yet with that Proviso for the Spiritual that a Competent Pension should be allowed to the Protestant Possessor during his Life for he can pretend no longer Lease of it or that he should give the Catholick Bishop or Incumbenâ— a competent Pension if it were thought fitter to let him enjoy his Possession during Life I would have the Commerce and Traffick settled with all the Advantage due to a 〈◊〉 Nation and Subjects of which the Merchants 〈◊〉 inform best without any other dependence on or relation to England but what Subjects ought to the King and Crown of which I would not derogate in the least but nothing to do with the Merchants and People of England no more than with those of France Spain and Holland But my Politick Trimmer will say this is of a dangerous consequence for England and for the King in relation to it for they will say the King intends to establish the same Government amongst them both in Spirituals and Temporals that he has in Ireland To which I answer in the first place That we are not here to manage or speak for the Interest of England which would not fail to speak and stand for it self Secondly I say That the Consequence from Ireland's Case to England's does not follow For in Ireland the Catholick Party is much more numerous and strong than the Protestant So that it is for the King's Interest there to favour them or at least do them Justice But in England where the number of Protestants and other Sectaries is by much the greater he can order things otherwise without any Contradiction for â—â—om the one to the other the Consequence does
beating and injuring Protestants ibid. 12. In disarming them p. 67 13. The Dispensing Power of more mischief still than ill Administration First Only to be allowed in Cases of Necessity ibid. 14. Secondly In such Cases the People have as much right to it as the King Instance in the Sheriff of Warwickshire from Dr. Sanderson p. 68 15. Thirdly The wickedness either in King or People in pretending Necessity where there is none p. 69 16. King James's employing Popish Officers was such a Dispensation ibid. 17. And no Necessity for it unless such as was Criminal p. 70 18. King James dispensed with all when it was against Protestants p. 71 Sect. 4. Thirdly King James's dealing with Civil Offices and the Privy Council p. 72 1. Several outed notwithstanding Patents ibid. 2. Act of Parliament for voyding Patents Irish hereby made Keepâ—rs of Records which before they had corrupted when they could get to them p. 73 3. Revenue Officers changed for Roman Catholicks though to the Prejudice of the Revenue p. 74 4. Sheriffs and Justices of Peace from the Scum of the People ibid. 5. Privy-Councellors all in effect Papists p. 76 Sect. 5. Fourthly King James's dealing with Corporations p. 77 1. The Peoples security in these Kingdoms is the choice of Representatives in Parliament To preserve this Papists excluded from Corporations in Ireland Protestants had made great Concessions to the King by their New Rules for Corporations The King not satisfied with this but would have all p. 77 78 2. Rice and Nagle's managing of Quo Warranto's a horrid Abuse of the Kings Prerogative and the Law p. 78 79 3. Other methods of destroying Charters p. 80 4. Particular Corporations in Dublin how ordered ibid. 5. Voyding Charters led to voyding Parents for Estates ibid. 6. Corporations by the New Charters made absolute Slaves to the Kings Will. First by Consequence no free Parliament could be Returned Secondly Protestants could not serve in the Corporations p. 80 81 7. Protestants hereby driven from the Kingdom ibid. Sect. 6. Fifthly King James's Destruction of the Trade p. 82 1. Trade to be destroyed that the King might have his Will of his Subjects Poor People willing to serve for little in an Army as in France ibid. 2. In order to ruin the Protestants who were the chief Traders Driven hereby out of the Kingdom p. 83 3. This ruined a great many that depended on them ibid. 4. The Irish in employ who had the ready Mony gave it only to Papist Tradesmen p. 84 5. Exactions of the Revenue-Officers great discouragement to Merchants and Traders p. 85 6. Protestant Shoopkeepers quitted for fear of being forced to Trust ibid. 7. Transportation of Wooll connived at by Lord Tirconnell to ruin our woollen Trade p. 86 8. Roman Catholick principal Traders ruined also by King James by the Act of Repeal p. 87 Sect. 7. Sixthly King James's Destruction of our Liberty p. 88 1. No general Pardon at King James's Accession to the Crown Protestants hereby questioned for things in the Popish Plot on false Evidences ibid. 2. Protestants sworn into Plots and seditious Words Instance 1. In County Meath 2. In County Tipperary p. 88 89 3. New Magistrates in Corporations plagued Protestants p. 90 4. New Levies and Rapparee's imprisoned those that resisted their Robberies Instance in Mr. Brice of Wicklow Maxwel and Levis Queens County Sir Laurence Parsons p. 91 5. General imprisonment of Protestants from Midsummer 1689. to Christmas No Habeas Corpus's allowed Protestants of Drogheda barbarously used at the Siege and of the County of Cork by imprisonments p. 92 93 6. Hard Usage of Protestants in Prisons Powder placed to blow them up Leak's Evidence against the Prisoners in Dublin defeated by an Accident p. 93 7. K. James aware of all the ill Treatment of Protestants informed at large by the Bishop of Limrick All Protestants confined by his Proclamation to their Parishes p. 94 8. Arts to conceal this in England Intollerable staying in Ireland Necessary to close in with King William p. 95 Sect. 8. Seventhly King James's destruction of our Estates 1. By disarming the Protestants by Lord Tirconnell p. 97 1. Government dissolved that does not preserve Property ibid. 2. The Irish very low at the Prince of Oranges's Invasion Would easily have been brought to submit Protestants able to have mastered them Lord Mountjoy opposed seizing Tirconnell p. 97 98 3. Protestants resolved not to be the Aggressors were inclined to submit to King James till they found his destructive designs Monsieur d' Avaux complained of the Measures put on King James by Tirconnell p. 98 99 4. Tirconnell's Arts and Lyes to gain time pretending to be ready to submit to King William till he form'd his new Levies Lord Chief Justice Keatings Letters and Observations on it p. 99 5. New Levies necessary to be subsisted on Plunder This gave credit to the Letter to Lord Mount Alexander Decemb. 6. 1688. p. 101 6. And made Derry shut its Gates against the Earl of Antrims Regiment p. 102 7. Obliged to do thus by their Foundation p. 103 8. Provoked to it by the unjust taking away their Charter p. 104 9. This made also the Enniskiliners refuse two Companies sent by Lord Tirconnell and the Northern Gentlemen to enter into an Association for their own defence ibid. 10. Lord Tirconnell hastened to run them into blood before King James's coming p. 106 11. Justification of their declaring for their present Majesties ibid. 12. Their defence of themselves of great benefit to the Protestant Cause and almost miraculous p. 107 13. Lord Tirconnell's Lyes and Wheedles to Lord Mountjoy to send him to France p. 109 14. Lord Mountjoy's Reasons to accept it Articles granted to him by Tirconnell for the Protestants not kept p. 110 15. Lord Tirconnell proceeds to disarm the Protestants Manner of doing it and taking away their Horses A perfect Dragooning p. 111 16. Proclamation issued after it had been done by verbal Orders p. 113 17. The Arms for the most part embezled by the Soldiers who took them This had like to have occasioned a worse Dragooning prevented by the Bishop of Meath p. 113 114 18. The manner of taking up and embezling Horses p. 114 19. Miserable condition of the Protestants being disarmed amongst their Irish Enemies Protestants had the highest Legal Property in their Arms. The Government by taking them away must design their ruin p. 115 20. No Reason for disarming us but to make us a Prey p. 116 21. It was necessary in King James's Circumstances but the Necessity occasioned by his own fault ibid. Sect. 9. Secondly Lord Tirconnell's Attempts on the Protestants Personal Fortunes p. 117 1. Which he destroyed by encouraging Popish Tenants against their Protestant Landlords and swearing them into Plots Gentlemen forced to live for some time before the Turn on their Stocks p. 117 118 2. Forced into England with little ready Mony Many burnt out of their Houses in the Country Many robbed and some murthered
of a Letter sent the King August 14. 1686. found in Bishop Tirrel's but imperfect p. 303 Lord Clarendon's Speech in Council on his leaving the Government of Ireland p. 310 A General Abstract of the Gross Produce of his Majesties Revenue in Ireland in the three first years of the Management beginning at Christmas 1682. and ended Christmas 1685. p. 312 Sheriffs for the year 1687. p. 313 Lord Lieutenants and Debuty Lieutenants of Counties p. 324 Privy Councellors appointed by Letters from King James dated February 28. 1684. and such as were sworn since by particular Letters p. 333 The Civil List of Officers and the times of their entring on their Offices p. 334 An account of the General and Field Officers of King James's Army out of the Muster Rolls p. 341 A Copy of the Letter dispersed about the Massacre said to be designed on December 9. 1688. p. 345 Lord Mountjoy's Circular Letter on his going to France p. 346 Judge Keating's Letter to Sir John Temple December 29. 1688. p. 347 Proposals humbly offered to the Earl of Tyrconnell Lord Deputy by the Bishop Meath about the intended search for Arms p. 353 An account of the Conditions made in the Field between the High Sheriff of Gallway and the Prisoners afterwards condemned p. 356 A Copy of a Letter from Bishop Maloony to Bishop Tyrrell the Original found amongst Bishop Tyrrell's Papers March 8. 1689. p. 360 Presentment of the Grand Jury of Tipperary against Protestants p. 365 A List of all the Men of Note that came with King James out of France or that followed him after so far as could be Collected p. 366 A List of the Lords that sate in the pretended Parliament at Dublin held May 7. 1689. p. 369 The names of the Knights Citizens and Burgesses returned to the Parliament beginning May 7. 1689. p. 370 An Address to King James in behalf of Purchasers under the Act of Settlement by Judg Keating p. 377 The Lord Bishop of Meath's Speech in Parliament June 4. 1689. p. 389 Copies of the Orders for giving Possessions p. 388 Albaville's Instructions to the Commissioners of Oyer and Terminer p. 392 A Petition of the Minister of Wexford for his Church and the Order thereupon p. 395 Mr. Prowd Minister of Trim his account of the remarkable Accident that happened upon Plundering the Church of Trim p. 397 General Rosen's Order to bring the Protestants before Derry p. 399 Advertisement as it was published by Mr. Yalden in his weakly Abhorrence concerning Dr. King and Dr. Foy p. 404 Collonel Lutterell's Order for numbering Protestants p. 406 Collonel Lutterell's Order forbidding above five Protestants to meet any where p. 407 THE STATE OF THE Protestants of Ireland Under the late King James's Government IN WHICH Their Carriage towards him is justified and the absolute Necessity of their endeavouring to be freed from his Government and of submitting to their present Majesties is demonstrated INTRODUCTION Containing an Explication of the Doctrine of Passive Obedience and stating the true Notion and Latitude of it 1. IT is granted by some of the highest assertors of Passive Obedience that if a King design to root out a people or destroy one main part of his Subjects in favour of another whom he loves better that they may prevent it even by opposing him with force and that he is to be judged in such a case to have Abdicated the Government of those whom he designs to destroy contrary to Justice and the Laws This is Grotius's Opinion in his Book De jure Belli Pacis lib. 1. cap. 4. § 11. where citing Barclay he says If a King be carried with a malitious design to the destruction of a whole Nation he loses his Kingdom which I grant since a will to Govern and to Destroy cannot consist together therefore he who professes himself an Enemy to a whole People doth in that very act Abdicate his Kingdom But it seems hardly possible that this should enter into the heart of a King who is not mad if he govern only one people but if he govern many it may happen that in favour of one people he may desire the other were destroyed Doctor Hammond asserts Passive Obedience as high as any yet he approves this passage of Grotius and of Barclay in his vindication of Christ's reprehending S. Peter from the exceptions of Mr. Marshall p. 327. of his first Volume Grotius saith he mentions some cases wherein a King may be resisted As in case a King shall Abdicate his Kingdom and manifestly relinquish his Power then he turns private man and may be dealt with as any other such And some other the like 2. And it is observable that generally in all Books and Sermons concerning Obedience to Governors where this case is put suppose a King endeavour to destroy his people there are only two answers given to it one is that his Officers and Ministers ought not to obey him if they do the Law will punish them The other is that this case ought not to be put that we ought not to suppose that any King will designedly endeavour to destroy his people nay the Author of Jovian will not allow us to suppose that any King will attempt in England to Govern altogether by Arbitrary Power and the Sword For says he Chap. 12. p. 272. To suppose this is plainly to suppose the utmost impossibility and p. 273. If a King should shut up the Courts obstruct or pervert Justice he allows that all his good Subjects and all the bad too that tendered their own safety would desert him and Chap. 6. p. 152. He says he should be tempted to pray for the destruction of such a Prince as the only means of delivering the Church Falkner in his Christian Loyalty B. 2. Chap. 5. N. 19 20 tells us But if ever any such strange case as is supposed should really happen I confess it would have its great difficulties He brings in Grotius De jure Belli Pacis lib. 1. cap. 4. N. 7. And Bishop Bilsons Christian Subjection Part 3. p. 519. edit 1585. as allowing it and seems to allow their judgment in the case but then tells us that the case above-mentioned ought not at all to be supposed or taken into consideration All which plainly grants that if a King do in earnest design the destruction of his Subjects and get Ministers and Officers to concur with him in it who are ready to execute his wicked intentions and against whom the Law yields no Protection that in such a case the Subjects may desert their Prince decline his Government and Service and seek Protection where they can find it 3. And indeed whoever considers the Discourses that have been written concerning Non-Resistance will find that the reasons given for it either from the nature of the Thing or Scripture reach only tolerable evils and prove that a man ought to be patient under pressures laid on him by his Governor when the mischief is not
and the old petty Tyrants that claimed not only a Right to all his Tenant's Substance but likewise a power over his life 3. But many of the old Landlords lost their Estates by Outlawries and Attainders for their Rebellion in the year 1641 and for their murthering the Protestants at that time Many of them had sold their Estates and some had mortgaged them for more than their value two or three times to several persons a Practice very common in Ireland but it is observable that it is the humor of these People to count an Estate their own still tho they have sold it on the most valuable Considerations or have been turned out of it by the most regular Proceedings of Justice so that they reckon every Estate theirs that either they or their Ancestors had at any time in their possession no matter how many years ago And by their pretended Title and Gentility they have such an influence on the poor Tenants of their own Nation and Religion who live on those Lands that these Tenants look on them still tho out of possession of their Estates as a kind of Landlords maintain them after a fashion in Idleness and entertain them in their Coshering Manner These Vagabonds reckoned themselves great Gentlemen and that it would be a great Disparagement to them to betake themselves to any Calling Trade or Way of Industry and therefore either supported themselves by stealing and torying or oppressing the poor Farmers and exacting some kind of Maintenance either from their Clans and Septs or from those that lived on the Estates to which they pretended And these pretended Gentlemen together with the numerous Coshering Popish Clergy that lived much after the same manner were the two greatest Grievances of the Kingdom and more especially hindered its Settlement and Happiness The Laws of England were intolerable to them both nor could they subsist under them 4. As to the Popish Landlords who yet retained their Estates it put them out of all patience to find that the Bodough their Tenant so as they call the meaner sort of People should have equal Justice against them as well as against his Fellow Churl that a Landlord should be called to an account for killing or robbing his Tenant or ravishing his Daughter seemed to them an unreasonable Hardship It was insufferable to Men that had been used to no Law but their own Will to be levelled with the meanest in the Administration of Justice and every time they were crossed by a Tenant that would not patiently bear their Impositions they cursed in their Hearts the Laws of England and called to mind the glorious Days of their Ancestors who with a Word of their Mouths could hang or ruin which of their Dependents they pleased and had in themselves the power of Peace and War 5. This Humor in the Gentry of Ireland has from time to time been their Ruin and engaged them in frequent Rebellions being impatient of the Restraint the Laws of England put on their Power tho they enjoyed their Estates and they still watched an opportunity to restore themselves to their petty Tyrannies and were ready to buy the Reftitution of them at any rate The other sort of Gentlemen I mentioned as they called themselves who were outed of their Estates as well as of their Power by the same Laws hated them yet worse and their Clergy pushed them on with all the Arguments that ignorant Zeal or Interest could suggest insomuch that all sober Men as well as Protestants reckoned these the sworn Enemies of the Laws and Liberties of the Kingdom and were assured that they would stick at no conditions to destroy them their Interest Inclination and Principles all concurring to engage them to do it 6. Now these very Men were the Officers and Instruments King James employed and trusted above all others He espoused their Interest from the time that he had thoughts of the Crown they were his Favourites and Confidents and to provide for them he turned his English and Protestant Subjects first out of the Army then out of their Civil Trusts and Employments and lastly out of their Fortunes and Estates He knew very well that the Tempers and Genius of those Men were at enmity to the Laws and fitted for that Constitution of Slavery under which he designed to bring the Kingdoms He found that none were more fawning to their Superiors than they nor did any flatter with more Meanness and Servility and according to the nature of such People none are more insolent and tyrannous to their Inferiors And this was the reason that they were so dear to King James and that he preferred and trusted them rather than his Protestant and English Subjects The Bargain between him and them was plainly this restore us to our former Power Estates and Religion and we will serve you as you please in your own way An Expression that King James and all his Creatures often used and were very fond of 7. These People found that the King 's Legal Power could never restore them to the condition at which they aimed that the Power and Station they desired was absolutely contrary to the Laws in being and that no Legal Parliament would ever alter the Laws and Constitution of the Kingdom to gratifie them No wonder therefore if they espoused and promoted an absolute and despotick Power in the King and if he and they concurred so heartily to introduce it To do them Justice they made no Secret of it but professed it publickly and on all occasions and accordingly practised it in their several Stations They reckoned and called every one a Whig and Rebel that talked of any other Law than the King's Pleasure They were liberal of their Curses and Imprecations on all occasions but they exceeded and became outrageous against any one that durst alledge that their Proceedings were against Law Damn your Laws was frequently their word it is the Kings pleasure it should be so we know no reason why our King should not be as absolute as the King of France and we will make him so before we have done Nay so extravagant were many of them that they would swear with repeated Or ths that all Protestants were Rebels because they would not be of the King's Religion An Expression I suppose they learned from the French Dragoons 8. Some would undertake to argue the Case with such as seemed more moderate amongst them and put them in mind of the possibility of the Change of the Government and that then the Argument would be good against themselves but they had not patience to hear any such thing mentioned And they generally swore with the most bloody Oaths and bitter Imprecations that they would never subject themselves to any King that was not of their own Religion and that they would lose the last drop of their Blood rather than part with the Sword and Power put into their Hands on any consideration whatsoever These were not the Discourses of one or
for Three Months from the First of January a thing impossible without allowing them to Steal and Plunder It was this struck so much terror into Protestants and made them so jealous and apprehensive of Danger that they fled into England in great numbers especially when they found that the New Raised Men as they surmised began to make havock of all things It was this gave Credit to a Letter dated December the Third 1688 sent to the Lord Mount Alexander whether true or counterfeit I cannot determine intimating a design to Destroy the Protestants on Sunday the Ninth of the same Month which Letter was spread over the whole Kingdom The People of Derry had beside this several Letters and Intimations of Mischief designed against them and against the Protestants of Ireland And though that directed to the Lord Mount Alexander may not seem of great weight yet whoever considers the circumstances of the Protestants of Ireland at that time will acknowledge that it was not to be despised In the Year 1641 the Seizing of Dublin by the Lord Mac Guire was prevented by as improbable a discovery as this Letter while the Protestants in the rest of the Kingdom were Massacred through the incredulity of some who could not be perswaded to give ear to such intimations of the Design as were brought before them In England the Gun-powder Treason was revealed and the destruction of the Three Kingdoms prevented by a Letter as insignificant as that directed to the Lord Mount Alexander About the very time intimated in the Letter for the Massacre a new raised Regiment belonging to the Earl of Antrim appeared before the Town without the King's Livery without any Officers of Note or the least warning given by the Earl of their coming lastly without any Arms besides Skeans Clubs and such other Weapons as Kearnes and Tories used 6. The People of the Town were frightened at the Sight and refused them entrance into the City this was the First rub or provocation the Lord Deputy met with it was a meer accident and proceeded from his own Ignorance or Negligence who had left that Garrison the only one of any considerable strength in Ulster where most Protestants lived without one Soldier to Guard it and then sent such a pack of Ruffians to take Possession of it many of whose Captains and Officers were well known to the Citizens having lain long in their Jails for Thefts and Robberies When therefore such a Body of Men came to demand entrance at the very time that they expected a Massacre what could they imagin but that these Men came to execute it and who could blame them for shutting their Gates They were well assured that these were Men fit for such an Execution and that they were ready on command to do it and perhaps would not stay for an Order The Lord Deputy bethought himself too late of his Error but could never retrieve it though by means of the Lord Mountjoy he did all in it that was possible having brought the City to accept of a Pardon and receive a Garrison of Soldiers but then it was such a Garrison as they were able to Master and no more by the Articles were to be admitted into it before the ensuing March. 7. We ought to remember the reason of Building Londonderry and 't is plain from its Charter granted by King James the First that it was Founded to be a Shelter and Refuge for Protestants against the Insurrections and Massacres of the Natives who were known always to design and be ready to execute their malice on their Conquerors To keep them therefore in awe and secure the Plantation was the Design of Building the City it was upon this condition and by these Covenants the Proprietors of the City held their Estates and the Inhabitants had been false to the very design and end of their Foundation if they had given up the City with the keeping of which they were intrusted into the Hands of those very men against whom by the Charter it was designed to be a Security and Bulwark At this rate the Lord Deputy might give away any mans Estate and have bestowed it on his greatest Enemy and that with much less injury to the Publick The People therefore of Londonderry had good reason to refuse to deliver their City to the Kearnes and Tories of Ulster though inlisted under the Earl of Antrim by a Commission from a pretended Lord Deputy these were excluded by their very Charter and by the design of Building the Place from possessing it much less had they reason to deliver it to a parcel of men of whose Commission they knew nothing and whose Errand they had reason to believe was to cut their Throats 8. 'T is to be considered that Londonderry was under a further provocation to lay hold on the first opportunity to do themselves Justice and that was the wicked and illegal Invasion made on their Charter Liberties Priviledges and Estates by a most unjust and oppressive Sentence given by an unqualified Lord Chief Baron on a Quo Warranto for which there was not the least pretence in the World as may appear to any one that will be at the pains to view the Proceedings in Court By this Sentence grounded on a foolish nicety objected to the Plea the whole English Interest and Plantations in that County were ruined and the whole Designs of them destroyed and perverted and therefore it was not to be wondered if they took the first opportunity to save themselves from imminent Destruction They concluded that a Government who on a nicety could take away their Charter their Priviledges their Estates and subvert the design of Building their City might as easily and unavoidably find another nicety to take away what remained together with their Lives and therefore they cannot be much blamed if they had been under no other Temptation but this that they were willing to withdraw themselves from a Government whom they durst not trust and which took all advantages against them to destroy them 9. The shutting up of Derry against the Earl of Antrim's Regiment was all that was done by any Protestant in Ireland in opposition to the Government till King James deserted England except what was done at Enniskillin where the People were under the same circumstances with those of Derry having about the same time refused to quarter two Companies sent to them by the Lord Deputy They were not so much as summoned by him nor did they enter into any Act of Hostility or Association or offend any till assaulted being content to stand on their Guard against such as they knew to be Mortal Enemies to the English Interest to subdue whom they were planted in that wild and fast Country But as soon as the News of King James's deserting the Government came into Ireland all Protestants look'd on themselves as obliged to take care of their own Preservation and finding that continual Robberies and Plunderings were committed by such
Retinue All the Houses in Town were taken up with such Guests who were often treacherous Spies on their Hosts and reckoned themselves very kind if they did not procure them to be clapt up by a false Information The Story of one Gentleman is remarkable related to a good Family in England of his Name as he pretended which was Brown he lodged at one Mr. Brocks from whom he stole several things of value and sold them Mr. Brock found him out but he thought to have prevented the discovery by Swearing Treason against him which he did before Chief Justice Nugent but the Justice of the Peace who took the Examinations of the Theft having gotten some of the things into his custody traced them so clearly to the Thief that there was no denying it The Gentleman upon this to prevent further Prosecution was forced to certify under his Hand that he was prejured in what he had Sworn before the Lord Chief Justice How heavy these things fell on the Citizens may be conjectured from this the Rents of the City were considerable and many Gentlemens Estates consisted in them But now they thought themselves happy if their Tennants would stay in their Houses and keep them in Repair though they paid no Rents at all In the best inhabited Places of the Town where Houses about Two Years before yielded Sixty Pound apiece they were well contented if they got Ten Pound or the Ground-Rent but it was a chance if they got so much 2. Thus Estates both in City and Country were rendred Fruitless to Protestants but yet whilst the Cattle and the great Manufactories and Staple Commodities of the Kingdom were in their Hands whilst they had the Wool the Hides the Tallow and Butter which bring in all the Mony that is in the Kingdom all the former Arts would not have undone them and therefore some means must be used to get their Stocks from them it seemed not decent for the Government to Seize on them as they Seized on our Horses and Arms it was not thought fit to give a positive Order for doing it the truth is there was no need of it it was sufficient to connive at the new raised Men to have it effectually done the Priests had made every Man that came to Mass to get a Skean and half Pike at least and they whispered to the People that it was not for nothing that they were thus Armed They assured them that whatever Injury they did their Protestant Neighbours would be forgiven them only they advised them not to shed Blood Sometimes they went along to see it effectually done and sometimes they imposed it as a Pennance on such as came to them for Absolution to rob some of their Protestant Neighbours This may seem improbable but we have had credible Informations of it and it will not seem so unlikely if we consider that the Priests often led them out to these Plunders and stood by whilst they committed them that all these Robbers are absolved by them without restoring one Sheep which could not be if the Priests reckoned the taking and keeping them a Sin And lastly that some of the greatest of these Robberies were committed in Lent when they do their Pennances and eat no Flesh and therefore they could not be tempted at that time to Steal and Kill in order to eat For in some places they killed whole Flocks and left them dead on the Place These Robberies began in November 1688 and by the end of March next after they left hardly one Protestant in Ireland a Cow or Sheep Ireland has always been famous for its Pastures and the Riches of it has always consisted in Cattle of which many Gentlemen had vast Stocks for a Man to have Six Eight or Ten Thousand Sheep was very common some had more even to Twenty Thousand All these were gone in Three Months to the value of at least a Million of Mony which if rightly managed would with the Cows and Bullocks of which there were likewise great Herds have furnished an Army of an Hundred Thousand Men with Flesh enough for Three Years Those who took them from the Protestants destroyed them without consideration they killed them by Fifties and Sixties and threw them into Bog-pits they took off their Skins and left their Carcases to rot and made all the hovoâ—k of them imaginable 3. Nor was the Government at all displeased at this but on the contrary did plainly encourage them no Complaints made against them were minded none of them were punished or called to account for it and there happened two or three remarkable things that plainly discovered it to be their design that the Protestants should lose all For First when these Robberies began some Protestants got together overtook the Robbers rescued the Prey from them and killed some of them this being done in two or three places they were frightened and quiet for some time but the Lord Deputy saw that if this were suffered his design would not take and therefore ordered our Arms to be Seized this was the true motive of his taking away so suddenly the Arms of the Protestants These Arms he put into the Hands of those very Robbers whom the Protestants in the defence of their Cattle had beaten and wounded and whose Relations they had killed who now knowing that their Adversaries could make no further Resistence vowed Revenge and perfected what they had begun not leaving them a Beast and forcing them to flee for their Lives and then they plundered their Houses as well as their Cattle and left them nothing that could be found with them Nay so far did the Government Countenance them that they had suffered those Men who had thus defended their Cattle to be indicted and Bills were found against them who had killed some of those Robbers in the actual fact of Robbing to do which they are empowered and ought to have been rewarded by a particular Statute of Ireland 4. But Secondly it appears that the Robbing of the Protestants was designed by the Government from the Confession of Chief Justice Nugent who boasted of it as a piece of Policy and own'd that they could not have done their work without it and at the Assizes at Cork publickly called such Robbers necessary Evils and from the beginning he took care not to discourage them The forementioned Proclamation February 21 1686 acknowledges that the Robberies were occasioned by the carelessness and neglect of the Civil Magistrate And Thirdly That it was a meer design to ruin the Protestants is manifest from this that as soon as their Stocks were gone and those who took them began to rob their Papist Neighbours the Government put a stop to it and issued out a Commission to hang them which accordingly was executed at Wicklow and the Naas and several other Places and that it might be effectually executed they joined some Protestants in it which might as well have been done before and there is no reason that it was
this Mr. Coghlan served as one of the Burgesses for the Colledge the House of Commons requir'd him to come into the House for he had withdrawn himself from it as we observed before at the passing this Act and to give in the Names of the absent Members of the Colledge that they might be put into the Bill he demurr'd at first but was over-rul'd then upon Consultation with Doctor Acton the Vice Provost he moved the House to send for the Colledge Buttler alledging that he had the Buttery Book wherein the Names of the Collegians were in order and without this he could not get them the House hereupon ordered a Serjeant at Arms to be sent for the Butler but he on Mr. Coghlans intimation absconded for some days The House was in haste to pass the Bill and by this means the Collegians escaped an Attainder 5. It was observable that any Application made in behalf of Absentees by their Friends who staid or were in the House constantly made their Condition worse The Application of Mr. Henry Temple in behalf of his Brother Sir John Temple removed him upwards into the first Rank of Attainted Persons the like Petition had the same effect as as to Mr. Richard Warburton and so upon several others The Papists did this to rid themselves of trouble and importunity and to let the Protestants know that all their endeavours for themselves and Friends should do them no Service and that their ruin was absolutely resolved on 6. That their allowing Persons a certain time to come in and submit to Tryal to prove their Innocency was a meer nothing for they very well knew that it was impossible any body should certainly know what time was given each man to come in and it had been a foolish venture for such as were absent to come into a Place where for ought they knew they were already condemned and should be immediately hang'd without a Tryal 2. No body knew what they could call Innocency perhaps writing to or petitioning any one that had King William's Commission nay conversing with such might be reckoned corresponding with Rebels and sufficient Evidence of their Guilt and indeed Judge Nugent had in a manner determin'd this Case for he interpreted one Mr. Desminiers answering a Bill of Exchange for Sir Thomas Southwell who was Prisoner at Galloway a corresponding with Rebels and committed him to Jail for it he likewise put one Mr. Ginnery in Jail for High Treason because being Agent for the Prisoners at Galloway to procure them a Reprieve and other Affairs he received Letters from them though Mr. Ginnery's Father and Brother were amongst them 3. When this pretended Parliament past this Act they were very well aware that the Embargo here was so exceedingly strict that from the time of passing the Act till the First of October nay of November following which was the longest time allowed any one to come in not one Ship or Boat was suffered to pass from hence into England so that it was absolutely impossible the Persons concern'd in this Law should have had any knowledge of it before they were Condemned by it to the loss of Life and Estate beyond the power of the King to Pardon them 4. King James and his Parliament knew perfectly well that the Embargo was so strict on the other side that if the Gentlemen could have had Information yet it was impossible for them to have gotten out of England to tender themselves to Justice within the time wherein the Act required they should do it on no less Penalty than the irrecoverable Forfeiture of Life and Estate which is a plain demonstration that the allowing time for the Attainted Persons to come in and prove their Innocency was a meer colour and had nothing of sincerity in it since they themselves that made the Law were fully informed and satisfied that this was an impossible condition 5. Suppose it had been possible yet it had been a very unwise part for such Protestants as were safe in England to have left it and to have come into Ireland a ruinous Kingdom the actual seat of a War where all the goods and moveables they had left behind them were Imbezell'd by Robbers or by those that had seiz'd them for King James and their real Estates given away to such as were Descendents of their Fathers Murtherers or at least had been in that Rebellion where they must abide a Tryal before Judges and Juryes of profest Enemies whether their Lives should be their own and after all if acquitted could have no other prospect of supporting themselves but Begging amongst a People that had reduced them to this condition These considerations were of such weight with all People that they who were absent were so far from thinking of a return that on the contrary Men of the best Estates who had stayed here wished themselves away and many were content to leave all and venture their Lives in little Boats to the Mercy of the Seas in the depth of Winter reckoning any thing safer and easier than to stay under a Government which had effectually destroyed all the Measures of right and wrong and Condemned so many Gentlemen to the loss of all without allowing them either the favour of being Tryed or so much as Heard 4. I know it will be objected that very few Protestants lost their Lives in Ireland under King James notwithstanding all the severe Proclamations and Laws and the apprehensions under which they lay of danger But to this I answer First that when a full enquiry comes to be made concerning those that were Kill'd by the Soldiers Murthered in their Houses Executed by Martial Law Starv'd and Famish'd in Jails and that Perished by other Violences the number will not be so small as is imagined 2. It is to be considered that the Irish Papists lay under the strictest obligations not to begin Acts of Cruelty for the Murthers they had committed in the last Rebellion were chiefly objected against them they were sensible they had gained nothing by them and that the Cruelty exercised in them was the thing that especially rendred them Odious and lost them their Estates and therefore they thought it the best way not to be too forward in the like practises till they were sure not to be call'd to an after-reckoning They further considered that many of their own Friends were Prisoners in the North and that if they began with Examples of Cruelty on the Protestants who were in their Power their Friends must expect the like from the Enemy in whose Hands they were 'T was this made them dismiss the Poor People they had resolv'd to starve before Derry And they were made believe that not only the Prisoners would Suffer but that the Cruelties they exercised on the Protestants would be Revenged on all the Roman Catholicks in England This was given out by some who understood King James's true interest and that he depended on some Protestants in England for succour and
George of Athlone and John Gardner of Tulsk Gent. all in the County of Roscomon Thomas Jones of Armurry in the County of Mayo Gent. Hunry Gun of .... Clerk Francis Cuffe of Ballinrobe Esq Henry Nicholson of Dromneene Gent. William Pullen of Ballinrobe Clerk and all in the County of Mayo Thomas Osborne of ...... in the County of Leytrim Gent. Thomas Buckridge of ....... Gent. Thomas Coote of ....... Esq Charles Campell of ...... Esq Benjamin Fletcher of James-town Esq and Dr. John Lessley all late of the County of Leytrim Have absented themselves from this Kingdom and have gone into England or some other Places beyond the Seas since the Fifth day of November last or in some short Time before and did not return although called Home by your Majesties gracious Proclamation Which absenting and not returning cannot be construed otherwise than to a wicked and traiterous Purpose and may thereby justly forfeit All their Right and Pretentions to all and every the Lands Tenements and Hereditamentsto them belonging in this Kingdom Be it therefore enacted by the Authority aforesaid That in case the said Person and Persons do not by the First day of September One thousand six hundred eighty and nine of his or their own accord without Compulsion return into this Kingdom and tender him and themselves to the Chief Justice of his Majesties Court of King's-Bench or to some other Judg of the said Court or Judg of Assize in the Circuit or any of the Lords of your Majesty's most Honourable Privy-Council to be charged with any Crimes to him or them to be imputed that then or in case he or they upon such his or their Return shall be Convicted by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand Mute such Person and Persons so Absent and not returning as aforesaid or after his or their Return being Convict of High-Treason as aforesaid shall from and after the First day of September One thousand six hundred eighty nine be deemed reputed and taken as Traitors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason are accustomed But in case such Person and Persons so returning be upon such his or their Trial acquitted or discharged by Proclamation then such Person and Persons respectively shall from thenceforth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding And whereas the several Persons hereafter named viz. Robert Ridgway Earl of Londonderry Arthur Loftus Viscount Loftus of Ely .... Beamount Viscount Beamount of Swords ..... Chaworth Viscount Chaworth of Armagh .... Fairfax Viscount Fairfax of Emly ..... Tracy Viscount Tracy of Rathcoole ..... Ogle Viscount Ogle of Catherlogh Lewis Trevor Viscount Dungannon Folliott Lord Folliott of Ballyshannon George Lord George of Dundalk ..... Fitz-Williams Lord Fitz-Williams of Lifford .... Hare Lord Colerain Richard Lord Baron of Santery Antham Annesly Lord Baron of Altham Lawrence Barry commonly called Lord Battevant John Power commonly called Lord Deces Sir Standish Hartstonge of Broffe Kt. Sir Walter Plunket of Rathbeale Kt. Sir William Meredith of Kilriske Kt. Sir John Parker of Farmyle Kt. Sir Richard Stephens of Rosse Kt. Sir Maurice Eustace of Baltinglass Kt. Sir St. John Broderick of Ballyannon Kt. Sir Michael Cole of Enniskilling Kt. Sir Charles Chiney Kt. Sir Charles Lloyd Kt. Sir Algernon Mayo of Rogers-town Kt. Sir Richard May Kt. Sir Joseph VVilliamson Kt. Sir William Barker of Abbeykillcooly Kt. Christopher Usher of the City of Dublin Esq Richard Leeds Merchant Maurice Kealing Esq Dr. .... Dominick Dr. .... Dunne Capt. John Quelsh of St. Stephens Green William Bazil Esq Thomas Howard Clerk to the Yeield Richard Nuttall Merchant Gideon Delane Gent. William Robinson Esq Richard Barry Gent. Capt. William Shaw and Philip Harris Esq all late of the City of Dublin John Bulkely of Old-Bawne in the County of Dublin Gent. Robert Boridges of Finglass Esq Alexander Frazier of Meagstown Esq Edward Bolton of Brazille Gent. Humphrey Booth of Ballyhack Gent. Edmond Keating of Corballis Esq Chambre Brabazon of Thomas-Court Esq Dacre Barrett of Cripple-stown Esq Arch-Deacon John Fitz-Gerrald Richard Bolton Esq William Barry of Sautery Gent. and Martin Bazill of Donicarney Gent. all late of the County of Dublin James Barry of Kelleystown in the County of Kildare Gent. Thomas Holmes of Castledermott Gent. Cornet Richard Wybrants of Bunchestown Maurice Keating of Norraghmore Esq Garrett Wesly of Old-Connel Esq Richard Mereeith of Shrewland Esq Samuel Syng Dean of Kildare and Christopher Lovett of Nourny Gent. all late of the County of Kildare Richard Boyle of Old-Leighlin in the County of Caterlogh Esq John Hollam of Island in the King's-County Gent. Joseph Hawkins Gent. Samuel Hawkins Gent. Arthur Shane Esq Son to Sir James Shane Henry Westenray Esq Martin Baldwin of Geshell Esq all late of the King's County George Bridges of Burrows in the Queen's County Esq Richard Pryor of Rathdowny Gent. Francis Barrington of Cullenagh .... Daniel of Ironworks Gent. Brooke Bridges of Kilmensy Gent. Charles Vaughan of Derringvarnoge Gent. Hugh Merrick Gent. Nathaniel Huett Gent. Robert Hedges of Borres Esq and Richard Warburton of Garryhinch Esq all late of the Queen's County Capt. Nicholas Sankey of Caldraghmore in the County of Longford Robert Viner of Killmure in the County of Meath Esq John Humpheries of Hollywood Gent. Dr. Robert Gorge late of Killbrew William Napper of Loghcrew Esq and Anthony Nixon of Oâ—chestone Gent. all late of the County of Meath James Stopford of Castletown in the County of West-Meath Gent. John Adams of Ledwitchtown Gent. Thomas Cooper late of Conmistown Gent. Richard Stephens of Athlone Gent. George Farmer of Rathnemodagh Gent. and John Meares of Mearescourt Gent. all late of the County of West-Meath Moses Bush of Kilfane in the County of Kilkenny Gent. John Bush of the same Gent. William Harrison of Grenane Gent. Zachary Cornick of Kilkenny Merchant Edward Stubbers of Callan Esq Hierom Hawkins of Killmuskulloge Gent. Joseph Bradshaw of Foulkesrath Gent. and Henry Ryder Prebendary of Mayne all of the County of Kilkenny Richard Rooth of .... in the County of Wexford Gent. Husband to the Countess Dowager of Donnegall John Bulkeley of Ballymorroghroe in the County of Wicklow Gent. John Humphery of Dunard Gent. Christopher Usher of Grange Esq Henry Whitfield of Portballintagart Esq William Robinson of Wicklow Gent. John Vice of the same Gent. Robert Peppard of the same Esq and Lawrence Hutson of Coolekennagh Gent. all late of the County of Wicklow Timothy Armitage of Atherdee in the County of Lowth Gent. Major John Reade of Ballorgan Robert Smith of Dromcashel Gent. Brabazon Moore of Atherdee Gent. and Thomas Bellingham of Garnanstown Esq all late of the County of Lowth Thomas Willis of Drogheda Gent.
and John Sandisford of the same Gent. Henry Westenra of Athlacca in the County of Limerick Esq John Piggot of Kilfenny Esq Richard Stephens of Newcastle Gent. William Trenchard of Mountrenchard Esq ... Trenchard his eldest Son Eramus Smith of Carrigogonnagh Esq .... Harrison of Ballyvorneene Gent. Hugh Massey sen. of Doontrilige Esq Randall Clayton of Williamstown Gent. Henry Hartstonge Arch-Deacon of the Diocess of Limerick and William Harrison of Tuoreen Gent. all late of the County of Limerick Elnathan Lâ—m Merchant Vincent Gookin of Court-Mac-Shiry Esq Jonas Stowell of Killbritten Esq Philip Dimond of Cork Merchant Thomas Mitchell of the same Merchant Richard Boyle of Shannon-Parke Esq Achilles Daunt of Dortigrenau Gent. Nicholas Lysaght of Ardohnoge Gent. and William Harman of Carrigdownam Esq all late of the County of Cork William Gibbs of ... in the County of Waterford Gent. Loftus Brightwell Gent. Robert Beard Gent. Barzilla Jones Dean of Lismore Matthias Aldington of Tircuillinmore Gent. William Aldlington of the same Gent. and Richard Silver of Youghall Gent. all late of the Counties of Waterford and Cork Henry Brady of Tomgreny in the County of Clare Gent. Richard Picket of Clonmel in the County of Tipperary Esq John Lovet Esq John Castle of Richard's-Town Gent. Joseph Ruttorne of Poolekerry Gent. Thomas Vallentine of Killoman Gent. George Clarke of Ballytarsney Gent. John Bright of Shanrehin Gent. George Clarke of the same Gent. Thomas Climmuck of Tullamacyne Gent. William Warmsby Gent. Richard Clutterbuck of Derryluskane Gent. Erasmus Smith of Tipperary Esq William Watts of Drangan Gent. John Evelin of the same Gent. .... Shapcoate of Loghkent Gent. .... Page of the same Gent. Thomas Moor of Carrageenesâ—iragh Gent. Humphery Wray of Ballyculline Gent. Edward Crafton of Luorhane Gent. Alderman ... Clarke of .... John Clarke Gent. Arthur Annesloe Gent. William Warwick and Purefoy Warwick of Ballysidii Gent. Capt. .... Cope Robert Boyle of Killgraunt Gent. Hugh Radcliffe of Clonmel Gent. Edward Nelthrop Gent. Robert Dixon Samuel Clarke Gent. John Jones Gent. Henry Payne Gent. George Clarke of Tobberheny Gent. Edward Huchinson of Knocklosty Gent. Richard Aldworth late chief Remembrancer John Baiggs of Castletowd Gent. and John Buckworth of Shanballyduffe Esq all late of the County of Cipperary John Kingsmell of Castlesin in the County of Donnegall Esq James Hamilton of Dunmanagh in the County of Tyrone Gent. John Aungier Minister of the Vicarage of Lurgen in the County of Cavan William Allen of Kilmore in the County of Monaghan Gent. James Davys of Carrickfergus in the County of Antrim Gent. Samuel Warring of Warringstown in the County of Down Gent. Henry Cope of Loghall in the County of Ardmagh Gent. Gilbert Thacker of Cluttan Esq Archibald Johnson of Loghelly Clerk Oliver St. John of Toneregee Esq and William Brookes of Droincree Clerk all late of the County of Ardmagh Capt. Thomas Caulfeild of Dunamon in the County of Galloway Josepb Stuart of Turrock in the County of Roscomon Gent. and Henry Dodwell of Leytrin in the same County Gent. Paul Gore of Newton in the County of Mayo Esq Have before the said fifth Day of November last absented themselves from this Kingdom and live in England Scotland or the Isle-of-Man and there now abide and by their not coming or returning into this Kingdom upon your Majesties Proclamation to assist in Defence of this Realm according to their Allegiance must be presumed to adhere to the said Prince of Orange in case they return not within the time by this Act prescribed and thereby may justly forfeit all the Lands Tenements the Hereditaments which they or any of them are intituled unto within this Kingdom Be it therefore enacted by the Authority aforesaid that in case the said Person and Persons last mentioned do not by the first Day of October one thousand six hundred eighty nine of his and their own Accord without Compulsion return into this Kingdom and tender him and themselves to the chief Justice of your Majesties Court of Kings-Bench oâ— to some other Judg of the said Court or Judg of Assize in his Circuit or to any of the Lords of your Majesties most honourable Privy Council to be charged with any Crime or Crimes to him or them to be charged or imputed that then or in case he or they upon such his or their Return shall be convict by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand mute such Person and Persons so absent and not returning as aforesaid or after his or their Return being convict of Treason as aforesaid shall from and after the said first Day of October one thousand six hundred eighty nine be deemed reputed and taken as Traytors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason is accustomed But in case such Person and Persons so returning upon such his or their Trial be acquitted or discharged by Proclamation then such Person and Persons respectively shall from thence-forth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding Provided always that in case your Majesty shall happen to go into the Kingdom of England or Scotland before the first Day of October one thousand six hundred eighty nine Then if the said Sir William Meredith Sir Charles Chiney Sir Charles Lloyd Sir Algernon Mayo Sir Richard May Sir Joseph Williamson Sir William Barker Alexander Fraizer Esq John Hollam .... Daniel of the Iron-Works Brooke Bridges Charles Vaughan Hugh Merrick Nathaniel Huett Hierom Hawkins Major John Reade William Trenchard .... Trenchard his eldest Son Erasmus Smith .... Harrison of Ballyverneen Achilles Daunt John Power Lord Decies William Gibbs Loftus Brightwell Robert Beard Matthias Aldington William Aldington John Lovett John Castle Joseph Rittorne Thomas Vallentine George Clarke of Ballytrasiny John Bright George Clarke of Shaurelin Thomas Chinnucks William Warmsby Richard Clutturbruck Erasmus Smith William Watts John Evellin .... Shapcoate of Loghkent .... Page of the same Thomas Moore Humphery Wray Edward Crofton Alderman Clarke John Clarke Arthur Anslow William Warwick Purefoy Warwick Capt. ... Coapes Robert Boyle of Killgrant Hugh Radcliffe Edward Nelthrop Robert Dixon Samuel Clarke John Jones Henry Payne George Clarke and Gilbert Thacker whose Dwelling and Residence always hath been in England shall give your Majesty such Testimony of their Loyalty and Fidelity as that your Majesty will be pleased on or before the said first Day of October one thousand six hundred eighty nine to certify under your Privy Signet or Sign manual unto your chief Governor or Governors of this Kingdom That your Majesty is satisfied or assured of the Loyalty and Fidelity of the Persons last before-named or of any of them That then if such Certificate shall on or before the first Day of November
the assistance of so wise a Council will disperse I must needs say both from my own Observation and the Information I have had from my Lords the Judges who often visit the whole Kingdom that there is a great readiness and willingness in all People to serve and obey the King I must here a little enlarge to your Excellency because I reckon my self bound to give the King an account of his Subjects and I would not willingly say any thing when I am at such a distance which I have not mentioned here The English in this Country have been aspersed with the Character of being generally Fanaticks which is a great Injury to them I must do them the justice to say that they are of the Church of England as appears by their Actions as well as Professions The Churches here are as much frequented and the Discipline of the Church as well observed as in England it self which is to be attributed to the Piety and Labour of my Lords the Bishops We of the Church of England can brag that when Rebellion overspread the three Kingdoms not one Orthodox Member of our Church was engaged against the Crown And in our late Disorders we can boast we were Opposers of the Bills of Exclusion and the Sense his Majesty has been graciously pleas'd to express of our Loyalty will never be forgotten by us I had the happiness to be born a Member of the Church of England and I hope God will give me the Grace to die one One thing the English of this Country have to glory in That of all his Majesty's Subjects they made the earliest Advances towards his Majesty's Restoration when the three Kingdoms were governed by Usurpers And after all the Endeavours of his Loyal Subjects in England seemed to be disappointed and there appeared no Hopes by the total defeating of Sir G. Booth the English then in this Kingdom offered to submit to his Majesty's Authority I do not say this my Lord to detract from his Majesty's R. C. Loyal Subjects many of whom I my self knew serv'd and suffered with him abroad but I speak it in justice to the others who did their Duty There is but one thing more I shall trouble your Excellency with I am sorry that I cannot say that I leave a full Treasure but I can say that I leave no Debts The Revenue is in good Order which must be owned to be due to the unwearied Industry and Diligence of the Commissioners The Army is intirely paid to Christmass day last and I have advanced a Month's Subsistence-money for January The Civil and Pensionary Lists are likewise cleared to Christmass I doubt not but your Excellency's Care will carry all things on in the same Method God Almighty bless the King and grant him long Life and I beseech God to prosper this excellent Country I received this Sword in Peace and I thank God by the King's Command I deliver it in Peace to your Excellency and I heartily wish you Joy of the Honour the King has done you A General Abstract of the Gross Produce of his Majesty's Revenue in Ireland in the three first Years of the Management beginning at Christmass 1682. ending Christmass 1685.  1683 1684 1685. Customs Inwards Impt. Excise 85844 17 2â…œ 91424 8 8â— â— 91117 13 65 â— Customs Outwards 32092 11 4½ 33425 15 2 29428 8 11½ Seizures and Fines 965 2 3½ 615 1 5â— â— 460 11 5¼ Prizage 1452 1693 1882 Inland Excise 68344 1 3â…œ 77580 3 7¼ 79169 4 4¾ Ale Licenses 8283 14 11â— 4 9538 4 46 8 99â—5 14 11â— â— Wine c. Licenses 2736 12 3114 10 2â— 2 3467 11 3¾ Quit Crown and Custodiam Rents 68699 9 7â…œ 68385 8 0¼ 68922 4 5â— 2 Hearth-Money 31041 31646 32953 12 00 Casual Revenue 820 3 3 1745 16 2 1564 16 11¼ Totals l. 300297 11 11â— 4 319168 7 9 318961 18 0â— 8 Arrears of each of the above-Years remaining uncollected at Christmass 1685. 7659 1 6â…œ 9799 9 8½ 34971 9 3â…ž Net Cash paid into the Treasury in the three Years above-mention'd over and besides the Charges of Management and Sallaries to the Officers of the Revenue in the said time 712972 17 2â…œ Cash remaining in the Collectors Hands at Christmass 1685 ready to be paid in 55655 10 3½ The Solvent Part of the above-mention'd Arrears which was actually levied and paid into the Treasury before Christmass 1688. 30000 00 00 Total Cash l. 798628 07 5â…ž Which at a Medium for three Years amounts for each Year to the Sum of 266209 00 00 Sheriffs for the Year 1687. Febr. 16. 1686. Counties Sheriffs Ardmagh Marcus Clarke Antrim Cormuck O. Neil Cavan Lucas Reily Clare John Mac. Nemara of Cratelagâ— Corke Nicholas Brown of Bantrey Catherlogh Sir Lawrence Esmond Dublin Thomas Warren Downe Valentine Russell Donnegall Charles Hamilton Fermanagh Cohonnagh Mac-Gwire Galway John Keâ—â— Esq Kildare John Wogan King's County Hewar Oxburgh Kilkenny John Grace Esq Kerry Donogh Mac-Gellicuddy Leitrim Alexander Mac-Donnel Lowth Patrick Bellew Limerick Edward Rice of Ballynitty Longford James Nugent Esq Meath Walter Nangle Esq Monoghan Sir John Flemming Mayo Dominick Browne Queen's County Edmond Morris Esq Roscomon John Dillon Esq Sligoe Henry Crafton of Longford Tyrone Terence Donelly Wexford Patrick Colclough Westmeath Thomas Nugent Wicklow Francis Meara Waterford John Nugent Londonderry Elected by the Charter Cipperary Appointed by the Duke of Ormond John Plunkett Lessee of Christ. Lord Baron of Dunsany Plantiff Philip Tuite and John Rawlins Defendants Sir Edward Tyrrell's Affidavit about packing of Juries WHereas there issued two several Venire Faciases at the Plantiff's Suit returnable to his Majesty's Court of Exchequer directed to Edward Tyrrell Esq then High Sheriff of the County of Meath the first Year of his now Majesty's Reign Now Sir Edward Tyrrell Baronet came this day before me and made Oath That one Mr. Plunket Brother to the said Lord of Dunsany came to Longwood to this Deponent's House and desired this Deponent to stand the Lord Dunsany's Friend and to give him a Jury that would do him Right and withal said this Deponent should have after the said Lord of Dunsany should be restored to the Possession of his Estate the sum of three or four hundred Pounds To which this Deponent answered He would do him Justice The said Mr. Plunket desired this Deponent to meet him at Mr. Nugent his Counsel's House where he would further discourse the Matter This Deponent did accordingly meet the said Thomas Plunket where several Proposals and Overtures were made all to no purpose This Deponent further deposeth That in some short time after the said Lord of Dunsany came to this Deponent's said House and after some Discourse he the said Dunsany desired this Deponent to befriend him against those that wronged him and kept him out of his Estate Whereupon this Deponent told the said Lord of Dunsany what offer his Brother made him The said Lord of Dunsany replying said His Brothers
were all on the catch and that he would do his own Business and not trouble them or any of them or words to that purpose and desired this Deponent to return him a good Jury and that he the said Dunsany would give this Deponent twenty Guinnies in hand and three or four hundred Pounds when he should be restored to the Possession of his Estate To which this Deponent made answer That he would impose nothing on his Lordship and that he would do him Right Then the said Lord Dunsany swore that this Deponent should not repent what Kindness this Deponent would shew him in that Affair and said he would not fail paying the twenty Guinnies upon the return of the said Venires This Deponent desired the said Lord of Dunsany to imploy his Brother Thomas Plunket in the prosecution of that Concern which he promised he would do and thereupon began to name such as he would have of the Jury Which this Deponent desired he should forbear telling him if this Deponent should be examined to that the Aray would be quash'd The said Dunsany then said he would put the Venires into this Deponent's Hands and do what he thought fit and said this Deponent should hear from him within some short time which he performed And this Deponent deposeth that he did receive the said two Venires either from the said Lord Dunsany's Messenger or from himself or one of his Servants But this Deponent having recollected his Memory is more apt to believe that it was the said Lord of Dunsany's Messenger or Servant whom this Deponent hath seen before in the said Lord's Company that came according to his the said Lord Dunsany's Promise that delivered the said Venires to this Deponent for he desired to know at his departure from this Deponent where and when the said Mr. Thomas Plunket should meet this Deponent in order to return the said Writs or words to that effect That this Deponent appointed him to give the said Thomas Plunket notice to meet him at Trim at one Mr. Eveys House on such a day as this Deponent cannot tax his Memory now with That this Deponent having several Occasions to this City waited on Mr. Daley this Deponent's Counsel now Mr. Justice Daley and advised with him about the Proposals and said Overtures betwixt him this Deponent and the said Lord of Dunsany and thereupon resolved to serve the said Lord Dunsany gratis and not to take or accept of any manner of Consideration from the said Lord of Dunsany and that he this Deponent would be very just to him which Resolution was approved of by the said Mr. Justice Daley This Deponent further deposeth That according to appointment being met with punctually had some Discourse with the said Thomas Plunket who said The said Lord of Dunsany his Brother was not prepared for a Trial and that he would go on soon with all his Estate at once and that them two Parcels were inconsiderable in respect of the Bulk of his Estate and desired this Deponent to reserve the best Men in order to return them on the Juries when he should put other Venires for that purpose in this Deponent's hands or words to that purpose This Deponent desired him to consider what he had to do and he should not blame him this Deponent hereafter He the said Thomas Plunket then replied That he would be satisfied with what Returns this Deponent should make on the said two Venires and desired that the best Men might be reserv'd as aforesaid Whereupon this Deponent soon after return'd the aforesaid Venires with Pannels to them severally annexed This Deponent further deposeth That he having notice from the Lord Bp of Clogher that he heard that the said Lord of Dunsany should reflect on this Deponent saying He would not return him a good Jury without a Consideration and having met the said Thomas Plunket in the said Lord Bishop's Lodgings in Michaelmass or Hillary Term last he desired the said Lord Bishop to acquaint the said Thomas Plunket with the Expressions he heard of the said Lord of Dunsany Which he having done the said Thomas Plunket said That this Deponent desired no Consideration and that the Lord Dunsany aforesaid was much obliged to him this Deponent and that he was mighty kind to him and would justify the same This Deponent further deposeth That the said Thomas Plunket having met this Deponent at Longwood after some Discourse he had with this Deponent the seventeenth day of March last past shewed him a List of the Juries and asked this Deponent if he returned them To which this Deponent answered That he had as he believed He the said Thomas Plunket thereupon said most of them were Phanaticks and that they would hang the said Lord of Dunsany if they could This Deponent made answer then That if they prov'd inconvenient that it was the said Thomas Plunket's fault for that he had desired this Deponent to return what he this Deponent pleased and to reserve the best Men for the Bulk of the said Lord Dunsany's Estate or words to that effect The said Thomas Plunket said He would never consent to the return of such Juries and passionately said If he had the twenty Guinnies to give this Deponent that he would have better Juries This Deponent asked the said Thomas Plunket if this Deponent desired any such Sum or any Sum of him when he met at Trim he then replied that he did not but that the said Lord Dunsany did promise it After a while he likewise said That he told the said Lord of Dunsany that this Deponent could not be supposed to have made that Return for Ill-will or Gain for that none would give any Sum of Money where the Party could Nonsuit himself as also that this Deponent had returned good Juries for several of his Country naming Mr. Evers and others and that it was his ill Luck that hindred him or words to that effect This Deponent further deposeth That neither of the Defendants directly or indirectly desired this Deponent for to return the said Juries Neither did this Deponent give them notice that he had any Venires neither did he know that there were any Venires ordered to be granted by this Court until he received the said Venires either from the said Lord or Tenants or Messengers as aforesaid and further saith not Mr. Burridge's Affidavit about Robbers Sept. 27. 1690. THen came before me Ezekiel Burridge Clerk and saith That about the beginning of the late Earl of Tyrconnel's Government he was set upon by three Men near Glasneven within a mile of Dublin who gave this Deponent four Wounds with their Swords and tore his Gown so that he could never afterwards wear it They likewise attempted to rob him had they not been prevented by the coming in of Company Two or three days after he heard that a Fellow was seen on the same Ground who looked suspiciously and being pursued was taken in the Suburbs Whereupon the
said Deponent went to him in a Disguise to Newgate and took him into a private Place and made large Promises to him if he would discover any of the Robberies and be an Instrument of bringing in the Rogues who infested the Roads about the Town and robbed almost every Night To effect this he spoke Irish and wore the â—arb of a considerable Irish Officer and call'd himself Mac-Carty The first time he could do but little good with him but he bid him come to him the next day and after he had seen a Friend he would do something Accordingly he went to him the next Morning and renewing and enlarging his Promises to him after some time he told him if he would make my Lord Chief Justice Nugent his Friend and perswade him to remit his Punishment which was to be burnt in the Hand and stand his Friend in other things he would do more Service than any Man in Ireland was able to do He thereupon ventur'd upon large Promises to him and used all the Rhetorick he could to bring him to an ingenuous and full Confession Whereupon he told the Deponent that he knew all the Robberies that were committed the three Years last past in the Counties of Dublin Meath Kildare Longford and Louth That he would engage to clear all those Counties of Rogues that he knew all those that rob'd in the Roads about Dublin that there were four several Companies of them that the great Company were at that time robbing about Kilkenny and that they would be at Dublin within a Week for they were withdrawn thither only to be out of the way here in the Term time that there were 26 of them in all besides Souldiers whom he said he durst not discover but all the rest he said he would engage to take in Ale-houses where he would appoint them to meet him if my Lord Chief Justice would allow him Men to assist him This he told the Deponent he would do and shewed him what Methods he would use and he said he would willingly be hang'd if he did not succeed Besides he knew he said where Rogues might be found in Dublin who were proclaimed and had Money offered for their Heads He knew likewise where two Men were who murdered a Broguemaker at Kilâ—ock a little before but was loth to hang one of them he said because he thought he then lived honestly in his own House He knew likewise he said a House that was to be robb'd at Stephens-green by some Acquaintance of his within a Week and told the Deponent what Method they design'd to use in robbing it He knew likewise who robb'd a House at Killmainham that very Week whilst be was in Prison He knew where a Silver-hilted Sword was which was taken from a Gentleman a little before and could go directly to abundance of Goods taken by Robbery He knew where several pieces of the Gold which was taken from Mr. Starling the Minister in the County of Longford then lay and said that he himself had changed one of the Pieces since his Committal All this he said he would prove and would give his Head if he miscarried in any Particular And when the Deponent told him that perhaps he only pretended those things that he might have an opportunity to escape he thereupon said that they might to prevent that set Guards over him and besides he would procure my Lord Gormanstowne and several Gentlemen to be bound for him The Deponent having received this Encouragement from the Prisoner whose Name was Patrick Launan he went to my Lord Chief Justice Nugent told him what he had suffer'd himself and what the Country suffer'd daily and gave him an account of his conferring with the Prisoner and shewed him in writing the above-named Particulars which he wrote from his Mouth in Prison which my Lord presently was pleased to call Extraordinary great Service and said that the Government ought to take notice of it My Lord was likewise pleased to promise the Deponent he would pardon the Fellow and make the best use he could of him to bring in the Rogues Afterwards my Lord sent for him and had him private two hours and when the Deponent afterwards waited upon him my Lord told him he had found out an extraordinary useful Man and that he was well satisfied all he said was true and he believed he could do more service than the Account he gave the Deponent and withal my Lord shewed the Deponent a List of the Rogues he had from Launan the Prisoner But either my Lord did not read the List fairly to the Deponent or Launan made some omission for the Deponent remembers there was one Naugle or one or two Nugents in his List which my Lord omitted in reading After the Deponent had managed the Fellow thus far he asked him concerning particular Robberies and he gave him a very satisfactory Answer to all He asked whether he heard of a Gownman that was assaulted between Dublin and Glassneven he thereupon turned his Head aside and blush'd and said that he knew of it but could not be perswaded to discover the Men What he said upon this Head made the Deponent suspect that my Lord Chief Justice had discovered him to the Prisoner for he found not that freeness of discourse with him after he had been with my Lord that he had before Neither after all his Pains could he do any good with my Lord but he deposes that after he was importunate with him three or four times to bring in the Rogues yet nothing was done and the Prisoner was afterwards sent away to Trim Goal which this Deponent verily believes was to avoid his importunity He believes my Lord thought those Rogues might be afterwards serviceable and therefore had no mind to bring them to Justice Jurat coram me 27 Septembris 1690. Dud. Loftus Account of Mr. Thomas Corker's House Burnt by the Irish the 5th of May 1689. AS One of the Thousand Instances that may be given of the Natural Antipathy the Irish have to the English and Protestants in general let the Obligations of Neighbourhood Conversation and other endearments be never so great Mr Thomas Corker's Usage by them is remarkable He liv'd at Donoghmore within a Mile of Navan in the County of Meath and observing about All Saints 1688 that the English and Protestants began to remove and fly he freely ask'd the Irish Gentlemen in his Neighbourhood What Advice they would give him as to his Remove having a great Family Who Answer'd O dear Sir do not stir for if the World were on Fire you have no reason to fear For you have been so obliging to us your Neighbours and to all sorts that none will harm you but rather protect you Yet immediately they fell upon his Stock without doors and took part of it away He then removed with his Family to Dublin leaving his Haggard and most of his Houshold Goods behind him and sometimes or about once a Month went down to
Fran. ô Cahan Donegal Conel ô Donnel Manus ô Donnel  Tyrlagh Oge ô Boyle  Daniel ô Donnel Downe Lord Iveagh Shilling Magennis  Arthur Magennis Antrim Earl of Antrim Shane ô Neil Sheriff  Col. Thady ô Hara Fermanagh Lord of Eniskillen Cuconaght Mac Gwyre A List of the Principal Officers employed in the Revenue 24 Jun. 1690. Dublin Port Chief Commissioners and Officers established by Patent Commissioners of the Revenue SIR Patrick Trant Knight Francis Plowden Esquires John Trinder Esquires Prot. Richard Collins Esquires Prot. Sir William Ellis Knight Charles Playdel Secretary Nicholas Fitz-Gerald Solicitor Prot. James Bonnel Accomptant General Collectors and Officers appointed by the Commissioners Viz. Doctor James Fitz Gerald Collector Prot. Nathaniel Evans Clerk to the Commissioners Prot. William Alcock Examiner of the Port-Accounts and Warrants and Casheer Prot. Sinolphus Bellasis Clerk of the Coast. Prot. John Kent Land Surveyor and Comptroller of the Store Prot. Edward Prescott Land-Surveyor Land-Waiters Prot. John Robinson Prot. Dennis Boyle Prot. Francis Isaackson Henry Fitz Gerald. Prot. Bartholomew Wybrantz Store Keeper Robert Longfield Chief Clerk of the Quit and Crown-Rents Surveyors of Ringsend William Briscoe Phelim Dempsy Francis Creagh Surveyor at Dunlary Dublin Excise Viz. Prot. Francis Babe Collector Prot. Bernard Waight Surveyor General of Excise _____ Carol Examiner of Excise Accounts Surveyors of Excise Prot. Benjamin Powning Examiner of Diaries Prot. Henry Davis Prot. Jacob Walton Philip Clayton Ports and Districts Athlone Christopher Nicholson Collector Peter Duffe Survveyor Baltimore Dominick Nagle Collector Clonmel Terence Magrath Collector Edward Morris Surveyor Cork Port Sir James Cotter Collector Edward Trant Surveyor Florence Mac Carty Surveyor at Cove Cork Excise Francis Garvan Collector James Griffith Surveyor Dingle Ambrose Moore Collector Drogheda Bernard Byrne Collector Walter Babe Surveyor of Excise Morris Morierty Survey at New-key Dungarvan Thomas Mead Collector Ennis John Mac Nemara Collector James Dalton Surveyor Foxford Valentine Kirwan Collector Nicholas Toppin Prot. Surveyor Galway Port Arthur Nagle Collector Galway Excise James Brown Fitz Jeffrey Collector Kilkenny Caesar Colclough Collector Samuel Pigeon Prot Surveyor Kinsale Dominick Rice Collector Dominick Murrogh Surveyor Limerick John Rice Collector Nicholas Skiddy Surveyor Loughrea Stephen Dean Collector Maryburrow Garret Trant Collector William Bourne Surveyor Moyallow John Longfield Collector Richard Aylward Surveyor Naas Edmond Fitzgerald Collector Robert Dowdal Surveyor Rosse James Butler Collector Mark Whitty Surveyor of Excise Sligoe Owen Dermot Collector Trim Richard Barnwal Collector Hugh Mac Donogh Surveyors Richard Barton Waterford Councellor Butler Collector James Heas Surveyor Wexford Anthony Talbot Collector Wicklow Barnaby Hacket Collector Youghal Patrick Fitzgerald Collector David Fitzgerald Surveyor A List of the Names of the New Burgesses of Strabane and Londonderry Viz. STRABANE Commonly call'd Soveraign JOhn ô Neile Shane Mac Con Backagh ô Neile Burgesses Gordon ô Neile Son of Sir Phelim ô Neile the Great Rebel who was Hang'd Drawn and Quarter'd He burnt Strabane in 1641. John ô Neile Shane Mac Neile Rammar Ô Neile William Roe Hamilton Constantine ô Neile James Cunningham Robert Adams Cloud Hamilton Brian ô Neil Mac Brian Mac Cormuc Mac Rory Grana ô Neil John Browne Robert Gamble Patrick Bellew James Mac Gee Art ô Neile Art Mac ô Neile Ramar ô Neile John Donnelly Shane fadda ô Donnelly James Mac Enally John Mac Rory Shane groom Mac Philip Mac Rory Burnt in the Hand Terence Donnelly Turlogh ô Donnelly Henry ô Neile Henry Mac Phelmy Duff Mac Art Mac Rory ô Neile His Father hang'd Roger Mac Cony Rory Mac Brian Mac Con modura Mac Conway His Father hang'd Dominick Mac Hugh Dominick Mac Rory Ballagh Mac Hugh Charles ô Cahan Cormuck Mac Manus Keiogh ô Cahan Charles ô Conway Cormuck Mac Owen oge Mac Owen Modera Mac Conway LONDONDERRY COrmuck ô Neile Mayor Sheriffs Horace Kennedy and Edward Brooks Aldermen Cohanagh Mac Gwire Gordon ô Neile Constantine ô Neile Constance ô Neile Manus ô Donnel Peter Manby Peter Dobbin Antho. Dobbin John Campsie Daniel ô Dogherty William Hamilton Roger ô Cahan Daniel ô Donnel Nicho. â—urside Alexander Lacky Constance ô Dogherty Daniel ô Sheile Roger ô Dogherty Brian ô Neile and John Buchanan Daniel ô Sheile Chamberlain Burgesses Francis ô Cahan Robert Butler Cornelius Callaghan Thomas Moncriefe Hugh ô Hogan John Mackenny John Campsie Henry Campsie James Lenox John ô Hogan William Stanly James Connor Hugh Eady John Donnogh Alexander Gourdon John Crookshanks Phel Mac Shaghlin John ô Linshane Art ô Hogan Charles ô Sheile Johnlius ô Mullan John Sheridan James Sheridan Constance ô Rorke Dom. Boy Mac Loghlin John Nugent William ô Boy John ô Boy William ô Sullivan Dionysius Mac Loghlin Manus ô Cahan Hugh Mac Loghlin Hugh More ô Dogherty Ulick ô Hogurty Henry Ash Tho. Broome Pet. Mac Peake Hen. Dogherty Robert Shenan Cornelius Magreth Art ô Hogan N o. 9. Privy Councellers appointed by Letters from King James Dated the 28th of February 1684 and such as are Sworn since by particular Letters for the Time being LOrd Primate Lord Chancellor Lord Archbishop Dublin Lord High Treasurer Secretary of State Chancellor of the Exchequer Master of the Ordnance Lord Chief Justice of the King 's Bench. Lord Chief Justice of the Common Pleas. Lord Chief Baron of the Exchequer Lieut. General of the Army Colonel of the Regiment of Guards James Duke of Ormond not sworn Henry Earl of Thomond Cary Earl of Roscomon ... Earl of Ardglass Henry Earl of Drogheda Hugh Earl of Mount-Alexander Richard Earl of Ranelagh not sworn Francis Earl of Longford Maurice Viscount Fitzharding Murrogh Viscount Blesinton Robert Fitzgerald Esq not sworn Sir Charles Fielding not sworn Sir Richard Reynel not sworn Sir Thomas Newcomen Sir Robert Hamilton Esquires not sworn Adam Loftus Lemuel Kingdon Sworn afterwards by particular Letters Sir Paul Rycaut Thomas Heitley Esq Earl of Tyrconnel Earl of Lymerick Lord Viscount Ikerin Lord Viscount Galmoy Esquires Thomas Nugent Dennis Daly Stephen Rice Rich. Hamilton Sir William Wentworth Earl of Ballymore Nicholas Purcel Esq Earl of Clanrickard Earl of Antrim Justin Mac Carty Esq Lord Viscount Gormanst own Lord Viscount Rosse Earl of Tyrone Lord Viscount Netterville Lord Lowth Sir William Talbot Esquires Anth. Hamilton Thomas Sheridan Symon Luttrel Fitzgerald Villers Esq Colonel Garret Moore Lord Bellew Charles White Esq Col. Cormusk ô Neil Francis Plowden Esq Privy Consellors Sworn before King James after his coming to Ireland DUke of Powis Duke of Berwick Earl of Abercorne Lord Thomas Howard Earl of Melfort Lord Chief Justice Herbert Lord Dover Colonel William P Colonel Dorrington Marquis D'Albeville Lord Kilmallock Colonel Sarsfield Lord Merryon Earl of Carlingford Earl of Clanrickard Lord Kenmare Lord Clare N o 10 The Civil List of Officers and the Times of their Entring on their Offices CHANCERY SIR Alexander Fitton Knight Created Lord Fitton and Baron of Gosworth in the County of Lymrick Lord High Chancellor of Ireland 23 April 1689. Sir William Talbot Baronet made
Master of the Rolls Dennis Fitzgerald his Deputy Masters Dr. Alexius Stafford Popish Dean of Christ-church 2d May. Ignatius Berford Esq Dr. of the Laws 6th May. Dr. Matthew Kennedy 10 May. Dr. Michael Plunket a Romish-Priest 23 July Thomas Arthur Soldier Clerk of the Crown and Hanaper This is in Trust for Robert Arthur's Wife Niece to Lord Tyrconnel 1st Aug. William Dorrington Register James Nagle Cursitor and Ingrosser of all Original Writs Henry Temple Esq and Owen Coyle who was Indicted and Outlawed of Forgery Examinators Six Clerks John Newel John Maynard .... Power Thady Meagher John Herny and Geoghegan Baskervile Polewheel Pursuivant KINGS BENCH Thomas Lord Nugent Baron of Riverston L. Chief Justice 2d Justice Vacant not being worth Fees of passing Patent Sir Brian O Neil Baronet Third Justic. 6th July 1689. Randal Mac Donnel Esq Clerk of the Crown and Prothonorary Francis Nugent Deputy Prothonotary Brian Kerny Deputy Clerk of the Crown COMMON PLEAS John Keating Esq Lord Chief Justice 2. Justice Dennis Daly Esq 3. Justice Peter Martin Esq 23 Jan. 1689. Edmond Fitzgerald Esq Chief and only Prothonotary Richard Fenner his Deputy 16 Jan. 1689. Robert Barnwel Esq Custos Brevium and Chirographer James Nagle Clerk of the Outlawries EXCHEQUER Buno Talbot Esq Chancellor Treasurer Vacant Sir Stephen Rice Lord Chief Baron Sir John Barnwel Knight Second Baron Sir Henry Lynch Baronet Puny Baron 1st Aug. 1689. Oliver Grace Esq Chief Remembrancer Second Remembrancer not disposed of formerly an Office of great Perquisites but now not worth Fees of passing Patent 8 Aug. Walter Lord Dungan Clerk of the Common Pleas. Murtagh Griffin his Deputy Philip Dwyer his Sub-Deputy 6 Jul. 89. Richard Talbot of Malahide Esq Auditor General 23 Jul. 89. Chr. Malone Sergeant Dillon's Clerk Surveyor General This in Trust for Lady Tyrconnel and her Daughter married to Col Dillon 3 Oct. 1689. James Nagle Clerk of the Estreats and Summonister 24 October Richard Morgan Pursuivant 28 Nov. 89. Francis Stafford Esq Clerk of the Pipe 20 Dec. 89. Charles White Esq Clerk of the First Fruits and 20th Parts Marcus Baggot First Sergeant at Arms. 7 Jan. 1689. Thomas Haughton Second Sergeant at Arms. 16th Jan. Brian Mac Dermot Esq Clerk of the Pels and Tallies and Clerk of the Treasury 13 Feb. 89. Patrick Kennedy Gent. Comptroller of the Pipe 18 Feb. 89. Thady Meagher Clerk of the Errors This is on the Statute for Writs of Error from the King's-Bench to the Exchequer Chamber 27 February John Barry Gent. Chief Chamberlain Simon Carrick Second Chamberlain 6 March Oliver Grace Esq Transcriptor and Forein Opposer Lords Commissioners of the Treasury 9th July 89. Duke Tyrconnel Henry Lord Dover Lord Riverston Chief Justice Sir Stephen Rice Lord Chief Baron Buno Talbot Chancellor of the Exchequer and Mr. Adam Colclough Secretary 27 August Hugh Reilly Esq Clerk of the Privy Council Commissioners of the Mint in Dublin 26 Aug. 1689. John Trinder William Talbot Thomas Goddars Esq William Bromfield Francis Rice Edward Fox and Walter Plunket Gent. 31 Jan. 1689. Grant to Alderman James Malone and Rich. Malone of the Office of Printer General Commissioners of the Revenue Sir Patrick Trant Sir William Ellis John Trinder Richard Collins Fr. Plowden Esq Sir Theobald Butler Charles Playdel Secretary Receivers General Sir Henry Bond Lewis Doe Esq Nicholas Fitzgerald Solicitor Robert Longfield Clerk of the Quit-Rents and of Forfeited Estates c. N o 11. 2d June 1690. An Account of the General and Field Officers of King James's Army out of the Muster Rolls DUKE of Tyrconnel Captain-General Lieutenants-General Duke of Berwick Richard Hamilton Count Lozune General of the French Monsieur Leary alias Geraldine Lieut. General Dom. Sheldon Lieut. General of the Horse Major-Generals Patrick Sarsfield Monsieur Boisteau Antho. Hamilton Wahup Brigadeers Tho. Maxwell John Hamilton Will. Dorrington Solomon Slater Muster-master-General Robert Fitz-Gerald Comptroller of the Musters Sir Rich. Nagle Secretary at War Receivers General Sir Henry Bond Louis Doe Sir Michael Creagh Pay-master-General Felix O Neile Advocate-General Dr. Archbold Physician to the State Patrick Archbold Chirurgeon-General HORSE Duke of Tyrconnel Collonel Dom. Sheldon Lieut. Coll. Fra. Meara Major Lord Galmoy Coll. Laur. Dempsy 1st Lieu. Coll. Char. Carrole 2d Lieu. Coll. Robert Arthur Major Patrick Sarsfield Coll. Lord Kinsale Lieut. Coll. Roger Magilligan Major Hugh Sutherland Coll. Edm. Pendergast 1st L. Coll. Talbot Lassells 2d L. Coll. Will. Cox Major Lord Abercorne Coll. Lieu. Coll. Major Henry Luttrell Coll. Sir James Moclare Lieu. Coll. Major John Parker Coll. Tho. Gifford Lieu. Coll. John Metham Major Nicholas Pursel Coll. Lieu. Coll. Major DRAGOONS Lord Dimgan Coll. Lieut. Coll. Major Sir Neile O Neile Coll. Lieut. Coll. Major Lord Clare Coll. John Mac Nemara 1st L. Coll. James Philips 2d L. Coll. Francis Browne Major Symon Luttrell Coll Lieut. Coll. Edmund Moclare Major Robert Clifford Coll. Alex. Mackenzie Lieut. Coll. Major Fran. Carroll Coll. Tarens Carroll 1st L. Coll. Fran. Boismoroll 2d L. Coll. Major Tho. Maxwell Coll. Daniel Magennis Lieu. Coll. Callaghane Major FOOT Will. Dorrington Collonel of the Guards Will. Mansel Barker Lieu. Coll. Tho. Arthur Major John Hamilton Coll. James Nugent Lieu. Coll. Majors John Talbot 1st James Gibbons 2d Lord Fitz-James Coll. Edw. Nugent 1st Lieu. Coll. Porter 2d Lieu. Coll. Dodsby Major Earl of Clancarty Coll. John Skelton Lieu. Coll. Philip Rycaut Major Earl of Clanrickard Coll. Edmund Madden Lieu. Coll. Major Earl of Antrim Coll. Mark Talbot Lieu. Coll. James Woogan Major Earl of Tyrone Coll. Tho. Nugent Lieu. Coll. Richard Nagle Major Richard Nugent Coll. Lieu. Coll. Major Lord Gormanstowne Coll. Richard Eustace Lieu. Coll. Major Henry Dillon Coll. Walter Bourk Lieu. Coll. John Morgan Major Lord Galway Coll. John Power Lieu. Coll. Major Lord Bellew Coll. Nich. Fitz-gerald 1st L. Coll. Le Sir Doge 2d L. Coll. John Dowdale Major Lord Kinmare Coll. Lieu. Coll. Major Lord Slane Coll. Maurice Connell Lieu. Coll. Major Cormuck O Neile Coll. Lieu. Coll. Major Charles Cavenagh Coll. James Lacy Lieu. Coll. Gros. Pordevarande Major Tho. Butler Coll. D' Busby Lieut. Coll. Major Lord Kilmallock Coll. John Power Lieu. Coll. John Chapell Major Sir Maur. Eustace Coll. John Woogan Lieu. Coll. Major Sir John Fitz-gerald Coll. Lieu. Coll. Major Lord Lowth Coll. Lieu. Coll. Major Earl of Westmeath Coll. Mich. Delahoyde Lieu. Coll. Gowen Talbot Major Major-General Boisteau Coll. Monsieur Beaupre Lieu. Coll. Hurly Major Lord Bofine Coll. Will. Connock Lieu. Coll. John Bodkin Major Oliver O Gara Coll. Tady Connor Lieu. Coll. Major John Grace Coll. Robert Grace Lieu. Coll. Cha. Moore Major Edward Butler Coll. John Innis Lieu. Coll. Garret Geoghegan Major Art Mac Mahon Coll. Philip Reyley Lieu. Coll. Hâ—gh Magennis Major Charles Moore Coll. Ulick Bourk Lieu. Coll. ....... Major Dudley Bagnall Coll. James Power Lieu. Coll. .... Corbet Major Gordon O Neile Coll. Conn O Neile Lieu. Coll. Henry O Neile Major Nicholas Brown Coll. George Traps Lieu. Coll. Dermot Mac Auliffe
Successors to give them relief in a Case of so great moment and general concern as this is As for the general Reprizal mentioned to be made them out of the Rebels Estate which must not be conceived to give any colour to this manner of proceeding and ought to be equal to the Estate which the Proprietors shall be outed of that will be very uncertain for it must be known who the Rebels are and what their Lands amount to since it may be probably concluded that there are many of your Subjects now in England no way concerned in the Rebellion and would have ere this attended your Majesty here if they had not been hindred from coming by duress and Imbargo and many other legal and justifiable excuses too long for this present Paper and withal that where any of them are seised of any new Estates so much must be restored to the old Proprietors and what is also subject to their Settlements and other Incumbrances After all this it is in the power of your Majesty to prevent the total ruine of so many of your Subjects as have been Purchasers and Improvers in this Kingdom by prescribing more moderate ways than depriving them of the whole of what they have legally and industriously acquired and that Committees of both Houses may hear and enquire whether any medium may be found out betwixt the Extreams for the accommodating as near as may be the Purchaser and the old Proprietor so that if there because of Complaint it may not arise from a total disappointment of either Party This is a little of what may be said on this occasion but the hast of those who drew on this Bill will allow no further time at present It is proposed that his Majesty will hear Council on this occasion No. 23. The Lord Bishop of Meath's Speech in Parliament June the 4th 1689. Spoken on the Bill of Repeal of the Act of Settlement My Lords YOur Lordships have now under yoâ—â— Consideration a Bill of great Weight and Importance for the future Prosperity or Ruine of the King and Kingdom depends upon it A Bill that unsettles a former Foundation upon which this Kingdom 's Peace and Flourishing was superstructed and Designs to erect another in its stead the Success whereof is dubious and uncertain I shall therefore humbly crave your Leave to represent my Thoughts candidly and impartially upon it And that so much the rather because I am here summoned by the Kings Writ to give his Majesty my best Advice for his own Service and the good of the Nation My Lords In every Law two things are to be consider'd First that it be just and doth no Man wrong Secondly and that it be pro bono publico And I am humbly of Opinion that this Bill is faulty in both these Respects and therefore ought not to pass this House It is unjust to turn men out of their Possessions and Estates without any Fault or Demerit To deprive Widows of their Jointures and Children of their Portions when they have done nothing to forfeit them But the Injustice will rise much higher if we consider it with a respect to Purchasers who have laid out all their Substance upon Estates deriv'd under the Acts that are now design'd to be Repeal'd What have they done to make them Delinquents except it be the laying out their Money on the Publick Faith of the Nation declared in two Acts of Parliament and on the Publick Faith of his Majesties Royal Brother expressed in his Letters Patents Their Case is yet harder If we consider the great Improvements they have made upon their Purchases which by this Bill they are like to lose without any Reprizal for them And if it be reasonable to restore the Old Proprietors to their Estates 't is enough for them to enjoy them in the same plight and condition that they left them But I see no Reason why they should have them in a better Condition or enjoy the Benefit of other mens Labours and Expences to the utter ruine of them and their Families Here Mercy should take place as well as Justice for the Purchasers are the Objects of them both Two things I am sensible may be reply'd to this and I am willing to consider them both First That if it be unjust to turn them out It is as unjust not to restore the Old Proprietor who hath been so long kept out of his Estate Secondly That there is no injury done to the present Possessor because he is to be repriz'd for his Losses As to the first of these I shall not at present meddle with the Reasons why they lost their Estates nor touch upon the Grounds and Occasions of their forfeiting their Interests in them being sensible that neither the time nor the place will admit a Discourse of this nature I shall therefore take it for granted that they were unjustly put out that it is just and reasonable that they should be restored but then it must be granted that it is unjust to turn out the present Purchaser and Possessor What then is to be done in this Case where the Justice or the Injury is alike on both sides If we restore the Old Proprietor we injure the present Possessor if we do do not we injure the Old Proprietor My Lords It is my humble Opinion which I submit to your Lordships better Judgments that we are to consider in this Case who hath most Justice on his side and incline the Ballance that way If it lies on the Old Proprietors side let him have it If not let the present Possessor enjoy it Now it appears to me that the Purchaser hath more Justice on his side than the Old Proprietor For he has both Law and Equity on his side he hath the Law on his side by two Acts of Parliament and the Kings Letters Patents and he hath the Equity by his Purchase Money whereas the Proprietor hath the Law against him and nothing but Equity to pretend to And I hope your Lordships will never think it reasonable to relieve a bare Equitable Right against a Purchaser that hath both Law and Equity If you do I am confident it is the first President of this kind As for the Reprizals I hear the Name of them in the Bill but I find nothing agreeable to the nature of them There are certain Conditions agreed on all hands to make up the Nature of a Reprizal None of which are like to be observed or kept here I shall name some of them and leave it to your Lordships Consideration how far they are like to be performed with the present Purchasers It is necessary to a Reprizal that it be as good at least if not in some respects better than the thing I am to part with That I my self be Judge whether it be better or worse That I keep what I have till I am reprized If my Neighbour comes to me and tells me that he hath a mind to my Horse