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A40454 A narrative of the settlement and sale of Ireland whereby the just English adventurer is much prejudiced, the antient proprietor destroyed, and publick faith violated : to the great discredit of the English church, and government, (if not re-called and made void) as being against the principles of Christianity, and true Protestancy / written in a letter by a gentleman in the country to a noble-man at court.; Narrative of the Earl of Clarendon's settlement and sale of Ireland French, Nicholas, 1604-1678. 1668 (1668) Wing F2180; ESTC R6963 22,216 32

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to destroy so many thousand Widows and Orphans to confirm unlawful and usurped possessions to violate the publick Faith to punish Virtue to countenance Vice to hold Loyalty a Crime and Treason worthy of Reward The bloody and covetous States-man who chiefly occasioned all this disorder was very often heard to say with a fierce countenance and passionate tone the Irish deserve to be extirpated and then he would after his usual manner come out with a great Oath and swear they shall all be extirpated Root and Branch Good God what a Heathen expression is this in the mouth of a Christian who is expresly commanded to love his Enemies Does he think that the Divine Providence which orders the growth of Herbs the fall of Leaves and appoints an Angel for the guard of every individual person takes no care to preserve an entire Body of a Nation and that it shall be in the power of one man to destroy the work of God at his pleasure of such a Man that could not prevent his own disgrace not avoid the many other inconveniences which are like to fall upon him This proud Haman who joyntly with some few others to get Money for themselves and Estates for their Children contrived the general extirpation of the whole Irish race but before he could fully compass his wicked Design I must confess he went very near to do it and if God had given him a longer continuance of power he would undoubtedly make good his word was forced for his own safety and the preservation of his life to quit his fine House forsake his Family and bid his Countrey farewel and to travel in his old age in the dead of Winter through so many dangers at Sea and incommodities by Land to seek for some shelter abroad seeing he could not be secure at home Justu es Domine justum judicium tuum He is gone with all his Greatness and the miseries of the poor Irish do still continue however they are yet in being and live in hope that the fall of their Mortal Enemy may be a beginning of their Rise and that his Majesty will now seriously reflect upon the unparallel'd usage hitherto extended to that Nation who are deprived of the Benefit of Law Justice and publick Faith The cryes and tears of more than an hundred thousand Widows and Orphans being worthy his Majesties Princely consideration And certainly there can be no great difficulty met with to dissannul two illegal Acts which are evidently repugnant not only to the Law of God and Nature contrary to the common reason and consequently void in themselves but also to all sound Policy and reason of State For that the true Interest of England as relating to Ireland consists in raising he Irish as a Bulwark or ballance against our English and Scotch Presbyterians The Irish Papists agreed so well and lived so peaceably with our English Prelatiques during the Reign of King James and Seventeen years of King Charles the First that they seemed to be of one mind in all matters And when the Presbyterian practises and Covenant began to disturb these Kingdoms the Papists and Prelatiques in Ireland as well as in England joyned their hearts and hands against Presbytery for the King The great Earl of Strafford judged it was a true Protestant Cavalier Interest to raise an Army of Papists in Ireland thereby to keep in awe the Presbyterians of Scotland and England And indeed the Presbyterian designs could never have had been compassed if the King had not been forced to disband the same Army Then the Earl now Duke of Ormond thought it was the true English and Cavalier Interest joyn in Parliament with the Roman Catholick Nobility and Gentry of Ireland against the Presbyterian Lords Justices and their Faction and therefore joyntly with them resolved to secure their persons and seize upon the Castle and Magazine of Dublin for his Majesty But this their Design was quashed by an inconsiderate attempt of some Northern Gentlemen which occasioned the late Rebellion and encouraged the presbyterian Lords Justices to force the Kings Loyal Subjects into desperate Courses But no sooner were the presbyterian Lord Justices deposed and imprisoned by the Kings commands but the Roman Catholicks returned to their Duty first by a Cessation next by a submissive peace delivering the whole Kingdom to the Duke of Ormond and joyning with the Cavalier party against the Kings Enemies and so continued untill both were over-powered by Cromwel Another reason why understanding men judge the Irish ought to be preserved and their Interest preferred before that of Cromwels Creatures is that the English of Ireland are not able to defend themselves against the Scots in that Countrey If the Irish be Neuters The Scots are a people so numerous so needy and so near unto Ireland so cunning close and confederated in a common Interest that some of our States-men apprehend they may soon possess themselves of the whole Island they being at this present not only Masters of Vister but spread over the other provinces and very well armed Now if despair should dictate to the destroyed Irish that it is their conveniency to joyn with the Scots against the English that possess their Estates without question the English Interest will be lost in Ireland It is better therefore that the Irish Nation be gained by restoring them to their own such only excepted as had their hands in murdering English than that a few presbyterian and phanatick up-starts be made great by other Mens Estates and the whole Kingdom endangered to be wrested out of our hands and seperated from the Crown of England You see my Lord that there seems to be as little conveniency as Conscience in my Lord Clarendon's and his covetous partners Settlement of Ireland yet I must confess this Domestick affair agreeth well with his policy in Foreign Negotiations Until his time the Statesmen of Europe particularly the English made it their business to keep the scales equal between France and Spain least either of those two potentates might aspire unto an Universal Monarchy But the Earl of Clarendon made it his business to utterly destroy Spain and exalt the French King to such a height of power that in a short time he might be Master of the Netherlands and find no opposition in his way into England And indeed had not our Kings Conduct and Courage been extraordinary in closing up a new Defensive League so seasonably and in concluding a peace between Spain and Portugal no part of Europe that is worth the Coveting could be free from the French command I hope that as God hath inspired his Majesty to prevent by this League and peace the dangers which corrupt Ministers drew upon us so He will move him to establish a lasting peace in his Dominions by a just repeal of the Irish Act of Settlement And thereby to quash all the Designs against England That France or any Foreigner may endeavour to ground upon the discontents of a destroyed and desperate people Now my Lord that you have had this account of the transactions in Ireland since his Majesties Restauration it were an act worthy your Lordship being a leading Member in the House of peers in England and much relyed upon in the House of Commons to make it your request to his Majesty that the Business of Ireland may receive one publick hearing and all parties concerned appear by their Agents which if your Lordship prevail to get done if the Settlement as it is now Established be deemed Just will be happy for the possessours and take away all Calumnies that the Irish do over all the World east on the Managers of that Settlement But if it appear not to be a just Settlement then Justice in so high a degree will become the King and his Highest Court and will evidence the Truth or Nullitie of what hath been here been offered to your Lordship by My Lord Your Lordships most Faithful and most Humble Servant F. D. FINIS * The D of O hath added as much to his own ancient Estate by the new settlement of Ireland as would have satisfied all the Claims of the just Adventurers And Anglesey and Kingston little less In the Province of Ulster but Three of the Natives restored viz. My Lord of Antrim Sir Henry O-Neil and one more of an inconsiderable Estate In the Province of Conaught but Four viz. the Earl of Clanrickard Lord of Mayo Coll. John Kelley and Coll. Moor. Which the Natives call the black Bill
easily gained at the rate of several vast sums of ready money and the promise of an Estate of 6000 l. a year for his Son and the pains of the other being modestly rewarded by a small Fee of 8000 l. sterl This Act I say so well supported was Signed and Sealed at Salisbury on the 25th of July 1665 notwithstanding all the opposition given thereunto and this in a time when the hand of God visibly appeared in the great Mortality which then began to increase in the City of London and when I heard many moderate men say we are justly punished by God for the injustice done to the Irish It is now more than two years since the Act went over into Ireland and the 52 Nominees who were to be restored as they verily believed to their chief houses and 2000 Acres of Land have not yet got the possession of a Cottage or of one Acre of Ground which agrees very well with Ororye's railery lately expressed That it was intended by the Act that they should be only Nominees nomine restorable but not re for that was never intended and yet the same Orrory assured to the King that there was a sufficient stock of Reprisals to satisfie all Interests My Lord this is the true state in brief of the Irish Case as to matter of Fact since the first day of his Majesties most happy Restauration to this Instant Let us now examine matter of Right and see what Title the several Interests obstructing there establishment of the Irish can justly pretend to the Estates of the distressed Natives These different Interests can be reduced to four principal ones the first is that of the Adventurers the second of the Souldiers the third of the Forty nine Men and the fourth of the Grantees We will begin with the Adventurers These are certain Inhabitants of London who in the year 1641. pretended to venture their momes to reduce the Rebels in Ireland but intended as afterwards appeared to destroy the King upon the assurance of getting such a quantity of the Rebels Lands in proportion to the sums they laid out and in pursuance of an Act of our English Parliament which then passed to that effect By which Act it is ordered that the mony so laid out should be employed in the Service of Ireland and that after the Rebels were declared by both houses to be wholly conquered a Commission should issue forth under the great Seal of England to make a strict enquiry through all the Counties of Ireland of Estates forfeited by the Rebellion to be disposed of for the satisfaction of the Adventurers Neither of these conditions were hitherto observed for the money laid out was all or at least for the greatest part imployed to buy arms and ammunition to fight against his Majesty in England The Rebels were never yet declared by both Houses of Parliament to have been conquered nor any Commission issued forth under the Great Seal of England to enquire after Forfeitures It is true that the remaining Members of the House of Commons made an Ordinance in the year 1652. without the concurrence of the House of Lords that the Rebels were wholly conquered And that consequently assigned Ten Counties to the Adventurers without issuing forth any Commission under the great Seal of England to examine whether the Lands therein contained were forseited or no. Of these ten Counties the Adventurers of the doubling Ordinance who were to have for their respective Sums laid out double the quantity of Land assigned to the first adventurers have proportion because their money was given to the long Parliament in the year 1644. When they were in actual Rebellion against His Majesty The late King understood very well the nullity of this act having never made mention of the adventurers interest in all the Treaties of Peace which pass'd between His Majesty and the Confederates in Ireland which certainly so just a Prince as Charles the First was known to be would never have done if he had conceived himself any way obliged by that act to provide for them But supposing that the act of decimo septimo Caroli in the behalf of the London adventurers had not been defective can those of the doubling Ordinance expect any benefit by that Law Can the first adventurers whose Moneys were disposed to other uses than the relief of the Protestants in Ireland pretend any advantage by that act nay can those few Persons of the first Rank whom we call the just adventurers and whose moneys were really imployed in the Irish War lawfully enjoy the Irish Land until the Rebels be declared by the two Houses of Parliament to be wholly conquered until a Commission issues forth under the great Seal of England to examine who are the Rebels and who are Innocents and until after the performing these essential Formalities required by the Act they receive by a just and legal way of proceeding their respective Proportions of the Forfeited Estates The first Minister of State a Lawyer by his first profession cannot be ignorant of these varieties especially when he perswades his Royal Master to speak after this manner in his Declaration for the Settlement of Ireland pag. 7. Therefore in the first place in order to the settlement of that Interest claimed by the Adventurers alth●ugh the present Estates and Possessions they enjoy if they were examined by the strict Letter of the Law would prove very defective and invalid as being no ways pursuant to those Acts of Parliament upon which they pretend to be found but rather seem to be a structure upon their subsequent assent both to the different Mediums and ends than the observance of those yet who being always more ready to consult c. Can any thing be spoken more plain to prove the nullity of the Adventurers Title by the Act of 17. Car. 1 And could the supream Judge of the Court of Equity give a more unjust sentence than to say although this Party can pretend no right to the Estate in question yet I am pleased to adjudge it for him The matter in dispute is no less than the land of ten Counties the parties pretending are the Irish Proprietors and the London Adventurers The first enjoyed it for so many ages they have their Patents and Evidences to shew for it and they lost it at length upon the account of Loyalty fighing for the Kings Interest against the Murderers of his Royal Father the last as 't is acknowledged by the words of the Text have no other Title but what they derive from the Ordinance of an usurped Government for having disbursed vast sums of Money to countenance Rebellion to pull down Monarchy and put up a pretended Common-wealth And yet the Land is adjudged for them and confirmed to them and their Heirs for ever The Second main Interest obstructing the Restoration of the Irish is that of Cromwel's Souldiers who are not mentioned in the Act of 17 Caroli neither indeed do they pretend any other
Princes who favoured his Interest when the King was in France they quitted the Spanish service and when he came to Flanders they abandoned the French service and flocked in great numbers about his Royal Person having made up in short time a handsome body of an Army which rendred his Majesty considerable to his Friends abroad and dreadful to his Enemies at home These are verities that none dare impugn seeing the King himself is most graciously pleased to own them in his Declaration And in the first place we did and must always remember the great affection a considerable part of that Nation expressed to Vs during the time of our being beyond the Seas when with all cheerfulness and obedience they received and submitted to our Orders and betook themselves to that service which we directed as most convenient and behooveful at that time to us though attended with inconveniency enough to themselves which demeanour of theirs cannot but be thought very worthy of our Protection Justice and Favour My Lord Is it not a sad case that the Irish Nation who sacrificed their Lives their Estates and Fortunes and all the Interest they had in their Country for the Kings service who followed his Majesty abroad and stuck to him in his Banishment when he was abandoned almost by all the rest of his Subjects in the three Kingdoms should now be in a far worse condition than they were reduced unto during the Usurpers Reign For then their Estates were kept from them by violence and the un-resistable power of Cromwel's Army but now they seem to be legally adjudged against them by two Acts of Parliament They were then in hopes that God would one day Re-establish his Sacred Majesty in a peaceable and entire Possession of his Crown and Kingdoms and consequently restore to them their ancient Patrimonies which they lost upon the account of his Interest But now they behold his Majesty seated in the Glorious Throne of his Ancestors and themselves out of all hopes of ever enjoying their Estates which are conferred on their and his Majesties Enemies by a final sentence pronounced against them and which surpasseth all the misery that can be Imagined they are eternally condemned by a Messias in whom they hoped for redemption and for whose sake they sacrificed their lives lost their Fortunes quitted their Countrey and forsook all that was dear to them in this World And this done by the corruption and covetousness of two or three persons whereof one was the first Minister The extraordinary merit of this Nation in his Majesties service was fresh in his Majesties memory when he spake after this man-to the House of Peers on the 27 July 1660. Touching the Act of Indempnity I hope I need say nothing of Ireland and that they alone shall not be without the benefit of my Mercy They have shewed much affection to me abroad and you will have a care of my honour and what I have poomised to them My Lord to pass by Honour and Gratitude which some States-men little value how shall we excuse the Injustice of these proceedings Suppose the Peace concluded in the year 1648. was invalid and that his Majesty received no service abroad from any of the Irish Nation can he in justice condemn 7000 Innocents before they are heard inoffensive Persons who never offended his Royal Father nor himself Let us suppose farther that an Innocent person could not be found in all Ireland that every individual of that Nation were an obstinate Rebel from the beginning and that none of them ever deserved the least favour from his Majesty in point of Conscience Honour or Gratitude can our prime Minister and his adherents say that so many thousand Widows and Orphans though never so criminal are not fit objects of his Majesties Compassion and Clemency That Kings are the Anointed of the Lord and his Lieutenants on Earth is an infallible truth received among Christians and as they derive their power immediately from God so they ought to imitate him in their Actions But of all the Divine Attributes his Mercy as it is above all the rest of his Works Misericordia ejus supra omnia opera ejus so is it that alone which Princes are most concerned to follow It is by this Heavenly Virtue that good Kings have been always distinguished from Tyrants and that they appeared to their Subjects as the very Images of Divinity I do not think that the English Crown was ever worn by a Prince more Benign and Merciful than Charles the Second I am confident there is no King now living on Earth who hath given a larger Testimony of his natural propensity and inclination that way How great then must be the Guilt of those Ministers of State that cunningly obstructed the effects of the Bounty and Clemency of so good and gracious a Prince towards an Innocent people and perhaps not the least deserving of his Subjects Their gettings by the Bills of Settlement spoils their plea and pretence for the promotion of protestancy It will seem a paradox to posterity that the Irish Nation which in all Insurrections hath been pardoned and preserved by the Royal Bounty of Kings meerly English should now be condemned to an eternal extirpation by a King of old Irish extraction lineally descended from Fergusius a Prince of the Royal blood of Ireland who of all the Kings that ever Regned in England was most obliged to the Irish Nation and that during the Reign of Charles the Second the most merciful Prince that ever wore a Crown so many thousand Innocents should be exempted from a hearing and others from a General pardon which by a Mercy wholly extraordinary doth extend to some of the very Regicides These are verities not to be doubted of in our dayes which after Ages will hardly admit seeing the like was never before Recorded in Annals or mentioned in any History For since the Creation of Adam to this day and perhaps our posterity to the Worlds end may be as far to seek we cannot produce another example of the like measure extended to a Christian people under the Goverment of a most Christian Prince The most bloody Tyrants of former Ages even those Monsters of Nature who seemed to be born for no other end than the desolation of Mankind did never extirpate their old Friends to make room for their reconciled Enemies So that it must be a very difficult matter to perswade those who are not Eye-witnesses of the Fact that the Royal Authority of our Gracious King which here in England maintains the Peer in his Splendor and Dignity the Commoner in his Birth-right and Liberty which protects the Weak from the oppression of the mighty secures the Nobility from the Insolence of the people and by which Equal and Impartial Justice is indifferently distributed to all the Inhabitants of this Great and Flourishing Realm should be at the same time made use of in his Kingdom of Ireland to condemn Innocents before they are heard