this Minister that he frequently both in his Proclamations and Acts of Parliament ascribes the saving of Ireland to him and assigned him above the value of 20 m. Pounds per Annum to support his new Title of Duke out of the forfeited Estates of Protestants most of them Condemned unheard on publick Fame only This Person therefore was the true Enemy of King James he drove his Master out of his Kingdoms he destroyed him by his pernicious Councils and the Kingdom of Ireland by his exorbitant and illegal Management and therefore he and such other wicked Councellors and Ministers are only answerable for all the Mischiefs that have sollow'd and it is much more reasonable the destruction should fall on them who were the Authors than on the Protestants against whom they design'd it APPENDIX AN ACT For the Attainder of divers Rebels and for preserving the Interest of Loyal Subjects HUMBLY beseech your Majesty the Commons in this present Parliament assembled That whereas a most horrid Invasion was made by your unnatural Enemy the Prince of Orange invited thereunto and assisted by many of your Majesty's rebellious and trayterous Subjects of your Majesty's Dominions and such their inviting and assisting made manifest by their perfidious deserting your Majesty's Service in which by your many Princely Obligations besides their natural Duties they were bounden and having likewise to obtain their wicked ends raised and levied open Rebellion and War in several places in this Kingdom and entered into Associations and met in Conventions in order to call in and set up the said Prince of Orange as well in Ulster and Connaught as in the other Provinces of Munster and Lienster To quell which your Sacred Majesty's late Deputy in this Kingdom Richard then Earl and now Duke of Tyrconnel before your Majesty's happy Arrival in this Kingdom and your Sacred Majesty since your Arrival here have been necessitated to raise an Army to your Majesty's great Charge and Expence And though the said Rebels and Traitors after their having the impudence to declare for the Prince and Princess of Orange against your Sacred Majesty were with all mildness and humanity called in to their Allegiance by Proclamations and Promises of Pardon for their past Offences and Protection for the future And though some of the said Proclamations assured Pardon to all such as should submit themselves and that no Persons were excepted in the last Proclamation besides very few not exceeding Ten in number and few or none of any note came in in obedience thereto and that very many of the Persons who came in upon Protections and took the Oath of Allegiance to your Majesty were afterwards found amongst the Rebels in open Arms and Hostility when taken Prisoners or killed such Protections being found with them So villanous were they by adding Perjury to their former Crimes That it may be Enacted and be it Enacted by your most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same that the Persons hereafter named being Persons who have notoriously joined in the said Rebellion and Invasion and some of which are upon Indictments condemned some executed for High Treason and the rest ran away or abscond or are now in the actual Service of the Prince of Orange against your Majesty and others kill'd in open Rebellion viz. Francis Marsh Lord Archbishop of Dublin James Butler Duke of Ormond Richard Boyle Earl of Cork Cary Dillon Earl of Roscomon William Earl of Strafford Edward Brabazon Earl of Meath John Earl of Mulgrave Vaughan Earl of Carberry William O Bryan Earl of Inchiquin Charles Coote Earl of Mountrath Henry Moor Earl of Drogheda Charles Talbot Earl of Waterford and Wexford Hugh Montgomery Earl of Mountalexander Richard Earl of Ranelagh Sidney Earl of Leicester Villers Viscount Grandison James Annesly Viscount Valentia and Earl of Anglesey George Viscount Castleton Sâ—udamore Viscount Sâ—udamore of Sligoe Luâ—bly Viscount Luâ—bly of Waterford Wenman Viscount Wenman of Tuam Buckley Viscount Buckley of Cashel Francis Boyle Viscount Shannon John Skevington Viscount Mâ—ssareene Cholmundy Viscount Cholmundy of Kells Richard Boyle Viscount Dungarvâ—n alias Lord Clifford Maurice Berkeley Viscount Fitz-Harding of â—eerehaven William Caulfield Viscount Charlemont Morrough Boyle Viscount Blessington James Lane Viscount Lanesborough Daâ—ney Viscount Down William Stewart Viscount Mount joy Adam Loftus Lord Lisburn Ezekiel Hopkins Lord Bishop of Derry William Sheridan Lord Bishop of Killmore William Digby Lord Digby of Geashell Henry Lord Blany of Monoghan Henry Lord Herbert of Castle-Island Sherrard Lord Sherrard of Leytrim Lord Wâ—rton Robert King Lord Baron of Kingston Richard Coote Lord Baron of Coloony Charles Petty Lord Shelburne Henry O Bryan commonly called Lord Ibrickan Robert Dillon commonly called Lord Kilkenny-West William O Bryan commonly called Lord O Bryan Son to the Earl of Inchiquin Robert Lord Lucas Sir Arthur Royden of Moyra Baronet Sir Arthur Cole of Newland Baronet Sir Robert Reading of Brareil Baronet Sir William Temple Baronet late Master of the Rolls Sir Francis Blundell of Edenderry Baronet Sir Laurence Parsons of Bi r Baronet Sir Richard Reynells of Dublin Baronet Sir Christopher Wandesford of Castle Comber Baronet Sir Thomas Southwell of Castlematres Baronet Sir Simon Eaton of Dunmoylen Baronet Sir Emanuel Moore of Ross Baronet Sir Robert Southwell of Kinsale Baronet Sir John Osborne of Baronet Sir Robert Staples of Lissane Baronet Sir James Caldwell of Bellick Baronet Sir John Humes of Castle-Humes Baronet Sir Francis Hamilton of Castle-Hamilton Baronet Sir Arthur Longford of Summer-Hill Baronet Sir William Francklin of Belfast Baronet Sir Oliver St. George of Headford Baronet Sir Robert King of Rockingham Baronet Sir William Gâ—re of Mannâ—r-Hamilton Baronet Sir William Courtney of New-Castle Baronet Sir William Tichburn of Bewly Baronet Sir Samuel Barnadiston Baronet Sir Robert Cottrill of New-town Knight Sir Joshua Allen of Dublin Knight Sir Matthew Bridges of the same Knight Sir Phillips Coote of Killester Knight Sir John Temple of Palmerstown Knight Sir Charles Meredith of Green-Hills Knight Sir Richard Ryves of Dublin Knight Sir Richard Stevens late of Dublin Knight Sir John Edgeworth of Lissane Knight Sir Robert Clayton Knight Sir Richard Buckley of Dunlavan Baronet Sir Henry Fane of Loghgurr Knight Sir Robert Holmes of Ardagh Knight Sir Richard Hull of Leamcon Knight Sir Matthew Dean of Cork Knight Sir Henry Ingoldesby of Dangen Knight Sir John Topham Knight Sir Francis Brewster of Brewsterfield Knight Sir Albert Cunningham of Mount-Charles Knight Sir Tristrum Beresford of Ballykelly Baronet Sir John Magill of Gill-Hall Knight Sir Nicholas Atcheson of Mullaghbrack Knight Sir George St. George of Dummore Knight Thomas Coote of the City of Dublin Esq Richard Foster Esq William Worth Esq lately one of the Barons of the Exchequer John Eaton Esq Counsellor at Law Lieutenant Joseph Stopford Ensign Thomas Stanly Captain Oliver Long Captain Thomas Flower Lieutenant Buckridge Lieutenant
Interest to it 4. And no wonder if it be true what is reported of him that he resolved to die a Martyr rather than not settle his Religion and that he had rather die the next day that Design being compassed than live fifty years without effecting it All which sufficiently explains that which seemed a Riddle to many how King James should be so very hard on his Protestant Subjects when his Interest required that he should treat them with all imaginable kindness especially in the present Circumstances of his Affairs whilst in Ireland The Reasons of his acting contrary to his Interest in so palpable an instance were either from the Persuasions of his ill Counsellors who assured him that they would so order the Matter that what he did in Ireland should not be heard of or not be believed in England or else from a settled Resolution not to mind any Interest which came in competition with his grand Designs of advancing Popery and the Slavery of the Nations To effect which it is manifest he was content to be a Vassal to France for whosoever calls in a potent Neighbour to his assistance must reckon that will be the consequence if he get the better by his Means of which the Irish themselves were sensible when they saw the French Succors landed and the Protestants could not but conclude that King James was so intent upon destroying them that so he compassed that Design he cared not if he enslaved himself and the Kingdoms 5. Nor had the Services of any towards him more influence on him than his own Interest Never had any Prince fairer Opportunities to distinguish his Friends from his Enemies than King James the struggle he had to get to the Crown was so long and the issue so doubtful that there was no Temptation for any one to dissemble his Thoughts towards him and never had Subjects a fairer opportunity to serve and merit from a Prince Now his Carriage to those that then proved his Friends who against their own Interest and against the Endeavours of the most powerful and most diffused Faction that ever appeared in a Kingdom set the Crown on his Head is a plain demonstration of what force Merit or Service were with him towards altering his private Designs No sooner did it appear that those who were against the Exclusion designed to preserve the Kingdom as well as the Succession but he abandoned them and not only laid them aside but further exposed them to the revenge of those very Men that they had provoked by espousing his Quarrel It is no news to any how King James cast off his fastest Friends when he saw that they would not proceed after his Measures to destroy the Liberty and Religion of their Country and took into his Bosom and Council those that had been his most bitter Enemies when he perceived that they would assist him in that Design Which is a plain demonstration that he had no regard to Services or Merit further than they tended to enslave the Nations and destroy the settled Religion But no Protestant that had any value for his God his Conscience or Country could pretend to this Merit and therefore in the King's Opinion he could do nothing that his Majesty would count a Service King James had no desire to be served by Protestants as was manifest by his turning many out for no other reason but because they would not change their Religion By preferring Papists to all Places of Trust and Profit tho not so deserving or well qualified for them as those that possessed them By his declaring that he would have all that did eat his Bread of his own Religion If therefore he employed any it was for a colour either to cover his Partiality or because he could not find a Papist fit for their Places or because he believed that in time he might gain them to be of his Religion or lastly because he had some odious Work to do which he thought he could the better excuse if he could get a Protestant to do it where these Reasons ceased he never employed any But it is observable where he did employ them tho their places were considerable yet they never had the Interest with him or power proper to their place but were mere Cyphers in it Thus he made Sir Edward Herbert Chancellor of England and caused a Seal to be cut for him but he never allowed him that Interest with him or had that regard for him in Councils that his place required The puny Papist Judges had more influence on the King and could make bolder with him than he he was not admitted to the Secret of Affairs at all and at the publick Councils he was set below Fitton Chancellor of Ireland and several others whom I am informed whilst employed as Chancellor of England and in his Masters presence he ought to have preceded But generally Protestants were only admitted to inferior places and for the most part with a Companion and they had only the Name their Companions must do all and they durst not contradict them and tho they were intitled to rise according as Vacancies fell yet some inconsiderable Papist was sure to get the start of them and to be put over their Heads so that it was never in their power to serve the King considerably or merit at his Hands If they did chance to do any thing signal yet their Enemies had so much the advantage of King James's Ear that they were sure to be misrepresented and what those said having the dead Weight of Religion to help it did generally with him outweigh the Protestants Service Of this Sir Charles Murry is an Instance he followed King James through France to Ireland and all along appeared zealous for his Service Yet because he professed himself a Protestant upon his landing at Kinsale some that had an ill will to him prevailed with the King to clap him up a Prisoner in the Fort of Kinsale where he lay without being able to learn any Reason for his Confinement from the twelfth of March 168â— â— till toward the end of the following Summer and then they had occasion for him to help to order their Camp and fortifie Ardee which procured him his Liberty tho he never could have the satisfaction to learn either his Crime or his Accuser My Lord Forbess Son to the Earl of Granard is another remarkable Instance When the pretended Parliament sate in Dublin both Houses were informed that my Lord Forbess adhered to King James's Interest in England and that he was a Prisoner in the Tower upon that account his Friends thought it proper to improve this occasion with the King and the Parliament to save my Lord's Estate at Mollingar which he holds under the Act of Settlement And this seemed the more feasible because the Lands did if not all yet for the most part formerly belong not to private persons but to a Corporation But all the Interest could be made did not
the common Offices of Humanity This Chancellor Fitton declared on the Bench This the King's Favourites and Attendants suggested publickly to him at his times of Eating at his Couchee and Levee and upon all occasions However it was it is evident by the effect that King James in great measure completed the Ruin of the Protestants and English Interest in this Kingdom which will plainly appear 1. In his dealing with the Army 2. With the Courts of Judicature 3. With the Privy Council and Offices 4. With Corporations 5. With Trade and the trading People of the Nation 6. With our Liberties 7. With our Fortunes 8. With the Lives of his Protestant Subjects And 9. With their Religion SECT II. I. King James's Dealing with the Army of Ireland in order to destroy the Protestants and English Interest 1. THE Army of Ireland which King James found at his coming to the Crown consisted of about seven thousand as Loyal Men and as Cordial to the King's Service as any could be both Officers and Soldiers had been inured to it for many years They looked on him as their Master and Father intirely depending on him and expecting nothing from any Body else When Monmouth's and Argile's Rebellion called for their assistance to suppress them no People in the World could shew more Chearfulness or Forwardness than they did and it is observable that no one Man in Ireland was ever found to be conscious or consenting to those Rebellions the Protestants of all sorts shewed great Horror and Detestation of them and were discernably melancholy till the Rebels were suppressed Most of the Officers of this Army had been so zealous to serve the King that they had by his permission and encouragement bought their Employments many of them had laid out their whole Fortunes and contracted Debts to purchase a Command yet no sooner was King James settled in his Throne but he began to turn out some of the Officers that had been most zealous for his Service and had deserved best of him merely because they had been counted firm to the Protestant Religion and English Interest The first who were made Examples to the rest were the Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote and Sir Oliver S. George The three first were Earls Sons who either in their own persons or by their Fathers and Relations had been signally active in restoring King Charles the Second and the Royal Family to their just Rights 1660 so had Sir Oliver S. George and they were all of them without any other Exception but their Zeal for their Religion and the English Interest in Ireland But the common Saying was that King James would regard no Man for any Service done to him his Father or Brother but only for future Service that he expected from them and since he could fot expect that these Gentlemen should assist him to destroy the Protestant Religion or the Liberties of his Subjects which was the Service he then expected he took their Troops from them and gave them to persons of mean or broken Fortunes who must do any thing to keep them some of them unqualified by Law It is fit their Names should be known that the Reader may the better observe what kind of Change the King began with when he substituted Captain Kerney if I remember right one of the Ruffians Captain Anderson a person of no Fortune Captain Sheldon a professed Papist and Captain Graham in the places of the Lord Shannon Captain Fitz-Gerald Captain Coote and Sir Oliver S. George 2. But to convince the World that no Consideration was to be had of Loyalty or Merit except a Man were a Papist The Duke of Ormond was sent for abruptly and devested of the Government with such Circumstances that did no ways correspond with the Service he had rendered the Crown in general and King James in particular Immediately the modelling of the Army was put into the Hands of Collonel Richard Talbott a person more hated than any other Man by the Protestants and who had been named by Oates in his Narrative for this very Employment When therefore the Protestants saw him put into it many who believed nothing of a Plot before gave credit now to his Narrative and the common Saying was that if Oates was an ill Evidence he was certainly a good Prophet Collonel Talbott afterwards Earl of Tyrconnell knew the Necessity of having the Army fitted to his purpose it being the Engine he depended on for destroying the Religion Liberty and Laws of the Kingdom and therefore set about it with all expedition and prosecuted it in such a manner as might be expected from a Man of his insolent temper He exercised at the same time so much Falshood and Barbarity that if the Army had not been the best principled with Loyalty and Obedience of any in the World they would have 〈◊〉 or at least dispatched him In the Morning he would take an Officer into his Closet and with all the Oaths Curses and Damnations that were never wanting to him he would profess Friendship and Kindness to him and promise him the continuance of his Commission and yet in the Afternoon cashier him with all the contempt he could heap on him nay perhaps while he was thus caressing him he had actually given away his Commission The Officers of Ireland then cashiered and their Acquaintance can vouch the truth of this in many instances As for the Soldiers and Troopers his way with them was to march them from their usual Quarters to some distant place where he thought they were least known where they would be put to greatest Hardships and there he stripped them the Foot of their Cloaths for which they had payed and the Troopers of their Horses Boots and Furniture bought with their own Money and set them to walk barefooted one hundred or one hundred and fifty Miles to their Homes or Friends if they had any Sometimes he would promise them something for their Horses but then he told them that they must come to Dublin for it if any came to demand the small pittance promised them for their Horses or Arrears of Pay he contrived it so that they should be obliged to wait till they had spent twice as much as they expected and most of them after all got nothing By this means two or three hundred Protestant Gentlemen who had laid out all or a good part of their Fortunes and contracted Debts on Commissions were not left worth any thing but were turned out without reason or any consideration and sive or six thousand Soldiers sent a begging a hardship perhaps never put on any Army before without any provocation against whom there was no other Exception but that they were English Men and Protestants and King James by substituting Irish Men and Papists in their places contrary to the Laws and to the very Design of keeping a standing Army in Ireland clearly demonstrated that he had no regard to the Laws or to the
did not look on themselves to have resisted any persons legally commissioned by the King nor was there any need of a Judge or Judgment in the Case the Question being no other than Whether the Law required that our Governors and Army should not be Papists And whether the Earl of Tirconnell and those he employed were Papists Both which were notorious and confessed by all without the Determination of a Court or Judges 17. As to the point of Necessity 't is as plain there was no Necessity on King James to employ these persons whom the Law had disabled to serve him Protestants were numerous enough and willing enough to serve him in every thing that was for the Interest of the Kingdom but he not only refused to entertain them but turned out such as he found employed without the least Crime or Accusation and put in their places persons not only unqualified by Law for the Employments into which he put them but also unfit and uncapable to discharge them which sufficiently shewed that it was Choice not Necessity made him employ them But he foresaw that such persons as the Laws designed for Employments would not assist to destroy the Laws Liberties and Religion of the Kingdom and therefore he exchanged them for those new Servants whose Interest it was to join with him in his ill Designs and whose Service was their Crime who deserved the most severe punishments not only for accepting these Employments against the Laws but likewise using them to the Subversion of all Law and Justice If therefore there was any necessity on King James to employ such Servants it was a criminal Necessity and intirely of his own making and if he imagined that such a Necessity would excuse him from his Coronation Oath of governing according to the Laws and justifie his dispensing with all the Laws made for the Security of his Subjects why should he not allow the same Liberty to his Subjects and think that an inevitable Necessity of avoiding Ruin should be a sufficient Reason for them to dispense with their Obedience to him notwithstanding their Oaths of Allegiance especially where the Necessity is not pretended or created by themselves as his was but apparent and forced on them by him According therefore to his own Rules he cannot blame them for refusing to obey him where no Law required their Obedience or for resisting him in those unlawful Methods they saw him engaged in to their manifest Destruction But King James was resolved to venture all and as many of his Favourites expressed it would not be a Slave to the Laws and therefore endeavoured to be their Master In England he granted without any apparent Necessity nay against not only the Interest and Safety of the Kingdom but even to his own prejudice several Dispensations but these passed in some colour or form of Law and many of them at least passed the Offices and Seals but in Ireland they did not trouble themselves with these Formalities A verbal Command from the King was a sufficient Dispensation to all Laws made in favour of a Protestant the Officers acted and the Courts judged as if there had been no such Laws in being Here the Dispensations went much higher than in England even to dispensing with the Laws against robbing and taking away property for if King James had a mind to any thing he sent an Officer with a File of Musquetiers and fetched it away without considering the Owners and to shew us that his Commands were not merely pretended by these Officers which I confess often happened when they did such illegal things the King himself to shew I say that it was his determinate Resolution to act us did sometimes send Orders under his Hand to take away many things of great value without offering any Retribution or Satisfaction to the Owners Many Instauces of this kind may be given I shall only mention one because it made some noise A Grant in nature of a Lease with a reserv'd Rent to the Crown was made by King Charles the Second to some of his Courtiers as a Gratuity for considerable Services whereby the sole Liberty to coin Copper-Money in the Kingdom of Ireland for one and twenty years was given to them This Grant was purschased at a dear rate from the Grantees by Sir John Knox late Lord Mayor of Dublin and was renewed not without great Trouble and Charges to him by King James after his Accession to the Crown When he came into Ireland he found this Grant in the Hands of Collonel Roger Moor to whom it came by way of Legacy from the Purchaser King James designing to set up a Brass Mint sent for this Grant and had it strictly canvast to see if any Flaw could be found in it none could be found nor would the Collonel be persuaded to give it up The King therefore commanded it to be laid aside and his own Mint to be proceeded on without regard to it But having occasion for the coining Tools and Engines belonging to this without consulting the Owner or enquiring whether he was willing to part with them he sent and seised on them violently forcing open the Doors and taking away to a considerable Value Collonel Moore petitioned for Redress or at least some Consideration for his Loss but his Petition was rejected without being heard Such proceedings were common and shews us plainly what a weak Barrier Laws are against a person who designs absolute Power and who believes according to our late Act of Recognition That the Decision in all Cases of a misused Authority by a Lawful Hereditary King must be left to the sole Judgment of God SECT IV. III. King James's Progress to destroy his Protestant Subjects by his disposing of Civil Offices and ordering the Privy Council 1. I Have already taken notice how King James disposed the Military Offices in such a Method as must unavoidably ruin the Protestant Interest in Ireland it was not altogether so easie to out Men of their Civil Employment as of their Military 1. Because many had Patents for Life or Good Behaviour And 2. Because some of the Offices themselves were so difficult to be managed that it was not easie to find Roman Catholicks capable of discharging them yet it appeared necessary in order to ruin the Protestants that they should be turned out of them and therefore King James and his Ministers resolved to do it as fast as they could As soon as they could find a Papist that would or durst undertake them they put him in and they plainly declared that no Protestant after a little while should have any Office of Trust or Profit left in his Hands Some Offices they disposed of without more ado by new Patents and put the Patentee in Possession without taking notice that there was another Patent in being leaving the former Proprietor to bring his Action at Law if he pleased Thus they served Sir Charles Meredith for his Chancellorship of the Exchequer and thus they
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
further reserv'd to prove a Correspondence against the few Estated Men that were in the Kingdom Lastly It was the end of Sept. 1688. before we heard any thing of the Prince of Orange's design to make a Descent into England and yet to have been in England or Scotland any time in the Month before or to have corresponded with any there is made Forfeiture of Estate by the Letter of this Statute 4. Least the Children and Descendents of the Protestants thus attainted who had Estates before 1641. should come in and claim them after the Death of the attainted Persons by virtue of Settlements made on valuable Considerations and upon Marriages all such Remainders and Reversions are cut off for there is an express Exception to all Remainders on such as are commonly call'd Plantation-lands and likewise to such Lands c. as are held by Grants from the Crown or upon Grants by Commissioners upon defective Titles It were too tedious to explain these several kinds of Tenures it is sufficient to let the Reader know that they comprehend all those Estates which were acquir'd by Protestants before the year 1641. Thus then the case stood with the Protestants if they purchased or acquired their Estates since the year 1641. out of any of the Lands then forfeited they were to lose them whether Guilty or Innocent by the Act of Repeal if their Estates were such as belong'd to Protestants before 1641. and consequently were what we call Old Interest then to have been in England or Scotland or to have corresponded with any of their Friends there or in the North since August 1. 1688. was a Forfeiture of Estate and a Bar for their Remainders for ever tho the Heirs had done nothing to divest themselves of the Estates derived to them by legal Settlements on valuable Considerations And here the Partiality of this Parliament is visible for there is a saving in the Act for all such Remainders as they thought might relate to any Papist whereas all the Remainders in which they did imagine Protestants could be concern'd are bar'd 5. There is indeed a promise of reprizing Purchasers in the Act of Repeal which was put in to qualifie the manifest Injustice of it and to satisfie the Clamors of several amongst themselves who were to lose their Estates by it as having purchased new interested Land But least any Protestant who staid in the Kingdom should hope for Benefit by this Clause or be repriz'd for the Lands he had purchased perhaps from a Papist they contrive a Clause in the latter end of the Act Whereby the King is enabled to gratifie Meriting Persons and to order the Commissioners to set forth Reprizals and likewise to appoint and ascertain where and what Lands should be set out to them By which the Protestants were excluded from all hopes of Reprizals for to be sure where any of them put in for a piece of Land there would never want a Meriting Papist to put in for the same and when it was left intirely to K. James which he would prefer of those two let the World judge what hope any Protestant could have of a Reprizal Thus when Sir Thomas Newcomen put in Proposals for a Custodiam in order to a Reprizal Mr. Robert Longfield a Convert and Clerk of the Quit-rents and Absentees Goods is said to have put his own Name to Sir Thomas's Proposal and to have got the Custodiam for himself 6. Lastly Some might think that tho near 3000 Protestants were attainted and the Estates of all the rest in a manner vested in the King yet this was only done in terrorem and that K. James never meant to take the Forfeiture To this I answer That it was not left in his power to pardon any that was attainted or whose Estate was vested in him by this Act this was if we believe his Majesty more than he knew when he pass'd it and was one reason why the Act of Attainder was made so great a Secret that no Copy could be gotten of it by any Protestant till the Easter after it was pass'd and then it was gotten by a meer accident We had from the beginning labor'd to get it and offer'd largely for a Copy but could not by any means prevail Chancellor Fitton keeping the Rolls lock'd up in his Closet till at last a Gentleman procur'd it by a Stratagem which was thus Sir Thomas Southwell had been condemned for High-Treason against King James amongst other Gentlemen at Gallway in March 1688. and attainted in the Act of Attainder also he continued a Prisoner till my Lord Seaforth became acquainted with him my Lord undertook to reconcile him to the King and to get his Pardon K. James promis'd it on the Earl's Application and order was given to draw up a Warrant for it The Gentleman I mentioned being a Lawyer and an Acquaintance of Sir Thomas's was employ'd to draw it up he immediately apprehended this to be a good opportunity to get a Copy of the Act of Attainder which he had labor'd for in vain before and which was kept from us by so much Injustice He told the Earl therefore and Sir Thomas what was the real Truth that he could not draw up an effectual Pardon except he saw the Act that attainted him Hereupon the Earl obtain'd an express order from the King to have a Copy deliver'd to him Thus I believe was the only Copy taken of it after it was inrolled it was taken for the use of a Papist and was lent to the Earl who was permitted to shew it to his Lawyer and accordingly left it with him only for one day who immediately imploy'd several Persons to Copy it and the Copy was sent by the first Opportunity into England The List of the Names of those that were attainted had been obtained the January before with difficulty the Commissioners in the Custom-house who seiz'd Absentees Goods and set their Estates could not do their Work without such a List and that which was Printed in England with some of the Acts of our Irish Parliament was coppied from thence but the Act it self could not then be procured and therefore was not Printed with them When the Lawyer had drawn up the Warrant for Sir Thomas's Pardon with a full Non obstante to the Act of Attainder the Earl brought it to the Attorney General Sir Richard Nagle to have a Fiant drawn the Attorney read it and with Indignation threw it aside the Earl began to expostulate with him for using the King's Warrant at that rate The Attorney told him That the King did not know what he had done that he had attempted to do a thing that was not in his power to do that if the Earl understood our Laws or had seen the Act of Attainder he would be satisfied that the King could not dispense with it My Lord answered That he understood Sense and Reason and that he was not a Stranger to the Act of Attainder Sir Richard would
not believe him till he shewed the Copy which much surpriz'd Sir Richard he began to enquire how his Lordship came by it and intimated that the Keepers of the Rolls were Treacherous in letting any one see it much more in letting a Copy of it go abroad His Lordship with good reason express'd his Admiration that an Act of Parliament should be made a Secret and the Laws upon the Observation of which the Lives and Fortunes of so many Men depended should be conceal'd with so much care from them At last the Attorny told him That he himself would draw up a Warrant for Sir Thomas Southwell's Pardon that should do his Business and get the King to Sign it But the Earl refused to accept his offer unless his Lawyer might first peruse it which being granted the Lawyer upon perusal found it to be such as would not hold in Law and intended only to delude him The Earl made new Application to King James and Sir Richard being sent for the King ask'd him why he did not prepare a Fiant for Sir Thomas Southwell's Pardon according to the Warrant sent to him He answered That his Majesty could not grant such a Pardon That his Majesty was only a Trustee for Forfeited Estates and could not Dispense with the Act that by an express Clause in it all Pardons that should be granted were declar'd void The King in some Passion told him That he hoped they did not intend to retrench his Prerogative Sir Richard replied That his Majesty had read the Act before he pass'd it The King answered He had betray'd him that he depended on him for drawing the Act and if he had drawn it so that there was no room for Dispensing and Pardoning he had been false to him or words to that effect Thus the Matter ended and Sir Thomas went into Scotland with my Lord Seaforth without being able to obtain his Pardon for Estate or Life the Act voiding any Pardon granted to any attainted by it after Nov. 1. 1689. or not enrolled before the last day of that Month. 18. And now I doubt not but the Reader from this Story which is literally true will observe first the Juggling of the Popish Lawyers with King James and will pity a Prince who gave himself up to such False and Double-dealing Counsellors when an Act of Parliament is made against a Papist then it is no less than Treason to question the King 's Pardoning and Dispensing Power but when an Act bears hard on a Protestant and the King has a mind to ease him then the King has no power to Dispense he cannot grant a Pardon tho he earnestly desire it From whence we may see that the Dispensing Power was only set up to shelter Papists from the Law and ruin Protestants and that Papists in their Hearts are as much against it as Protestants 2. We may observe what fair Justice was design'd for Protestants a Law was made to turn near 3000 out of their Estates and to take away their Lives if they did not come in against a certain day and yet the Law that subjected them to this Penalty was made a Secret and they not suffer'd to know one word of it till the time allow'd them to come in was past at least three Months but there was an Intrigue in this they knew they had a Party in England who were to face down the World that there were no such Acts made a Party that were to represent it as a Sham and Contrivance of King James's Enemies to make him Odious and the great Argument they were to urge to prove it must be to alledge Where is the Act Why doth it not appear If there were any such Act would not the People that came so often from Ireland and tell such Frightful Stories have brought it with them This is the part the Favourers of King James were to act in England and Scotland and this is the reason the Act was so long kept Secret 3. We may observe the Folly of those Men who were attainted in this Act themselves and yet Flatter themselves with the hopes of living Happily and enjoying their Estates nay and getting Preferment under K. James when restor'd to his Kingdoms these Men do not consider that this Act would be restor'd together with him and that then it is not in his power to do this for them that if they expect any such thing they must be oblig'd to an Irish Popish Parliament for it and he is much a Stranger to Ireland that knows not what Mercy an English-man and a Protestant is to exspect from them especially when they can give him nothing but what is taken from one of themselves Till therefore the Papists of Ireland become so good natur'd as to give away by their own voluntary act their Estates of which they were in actual Possession to Protestants it is the greatest Folly in the World for any Protestant to think of enjoying any Estate in Ireland 4. For 't is observable that the Protestants Estates were not only given away by this Act of Attainder but the Papists were likewise in Possession of them by the following means The Act of Repeal was to be executed by Commissioners appointed by the King who were to determine the Claims of the Proprietors or Heirs to the Proprietors of the respective Estates October 22. 1641. and give Injunctions to the Sheriff to put them in Possession In the mean time the Protestants were to keep their Possessions till the First of May 1690. and to pay Rent to the Popish Proprietors The same Commissioners were to set out Reprizals to reprizable Persons But notwithstanding this no such Commissioners ever sate the Protestants were generally outed and the Papists possess'd both of their old Estates and likewise of the Estates of Protestants they compass'd this by several Stratagems 19. Wherever the Protestants had set their Lands to Papist Tenants those Tenants forsook their Protestant Landlords and became Tenants to the pretended Popish Proprietors Several Protestants complained in Chancery of this as contrary to the Act which allowed them to keep Possession till May 1690. which not being yet come nor any Commissioners being yet appointed to execute the Act they mov'd for an Injunction to quite their Possessions but the Chancellor answer'd That this did not concern Landlords that set their Lands but only such as occupied Farms themselves and that the Parliament had granted that indulgence to them only that they might have time to dispose of their Stocks which not being their Case who had Tenants they must go to Common Law and try their Titles by this means most of the old Popish Proprietors got into their Estates Nay they not only outed the Landlords of their Estates but even the Protestant Tenants of their Leases made in consideration of a valuable reserv'd Rent though this was positively against the intent of the Act which confirm'd such Leases and only gave the reserved Rent to the restor'd Proprietor 2.
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
Let this be Printed Nottingham White-Hall Octob. 15. 1691. 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 LONDON Printed for Robert Clavell at the Peacock at the West-end of St. Paul's 1691. HEADS of the DISCOURSE The INTRODUCTION Containing an Explication of the Doctrine of Passive Obedience and stating the true Notion and Latitude of it page 1 N. 1. That a King who designs to destroy a People abdicates the Government of them ib. 2. The Assertors of Passive Obedience own this but alledge the Case is not to be put p. 2 3. The Arguments of Passive Obedience from Reason and Scripture reach only Cases where the Mischief is particular or tolerable p. 3 4. A War not always a greater Evil than Suffering p. 5 5. The Division of the whole Discourse into four parts ib. Chap. 1. That it is lawful for one Prince to interpose between another Prince and his Subjects when he uses them cruelly p. 6 N. 1. This Point already cleared by several ib. 2. 1. Argument One Prince may have an Interest in the People and Government of another Prince ib. 3. 2. Argument That tho Destruction of a People by their Prince may only be a step to the Destruction of his Neighbours ib. 4. 3. Argument Charity and Humanity oblige every one who is able to succour the oppressed p. 7 5. 4. Argument God seems for this Reason to have divided the World into several Principalities ib. 6. 5. Argument From the Authority of Christian Casuists p. 8 7. 6. From the Practice of Christian Princes Constantine the Great Constantine his Son King Pepin the Holy War c. ib. 8. The Objection from the Oath of Allegiance c. answered from Falkner p. 9 9. From it not being lawful to assist any Prince in an ill Cause p. 10 10. From King Jame's abolishing those Oaths here in Ireland ib. Chap. 2. King James designed to destroy the Protestant Religion p. 12 Sect. 1. The possibility of a King 's designing the Destruction of his Subjects ib. N. 1. That it is necessary the Princes Design should be very evident to justifie the Opposition of his Subjects ib. 2. An Answer to the Objection who shall be Judge ib. 3. Example of Princes that have had such Designs against their Subjects p. 13 Sect. 2. Shewing from the Obligations of his Religion that King James designed to destroy Protestant Subjects p. 14 N. 1. Proved from the Councils of Lateran and Constance from King James's Zeal Confessors and Allies ib. 2. That no Promises of the Prince nor Laws of the Land can secure Protestant Subjects p. 16 Account of Jerome of Prague's safe Conduct p. 17 Sect. 3. King James's Design to ruin his Protestant Subjects proved from the Profession of that whole Party that were most privy to his Councils who privately warned their Protestant Friends of it ib. Sect. 4. The same destructive Designs proved from the Officers employed by him p. 19 N. 1. The Ground of the different Interests of Ireland Account of the Rebellion in 1641 ib. 2. The Subjects Security is that the Officers employed by the King are responsible for what they do amiss p. 20 3. The Officers employed by King James not only not responsible but fitted to destroy us upon account of the five Qualifications following p. 21 Sect. 5. Upon Account of their being Men generally of no Fortune p. 22 N. 1. King James employed such in the Army and Civil Offices and such were his Favourites p. 22 2. He employed such in Corporations p. 23 3. Men of Estates that followed him out of England had little Interest with him ib. 4. The Reason of this that they might not stick at illegal Commands p. 24 Sect. 6. Upon Account of their Insufficiency for their Emploments ib. N. 1. The Roman Catholicks generally insufficient for Business by their long Disuse ib. 2. The Inconveniences of this in the Courts and City p. 25 3. In the Country p. 26 4. Those employed were incapable of Improvement p. 27 Sect. 7. Upon account of their loose Principles and want of Moral Honesty ib. N. 1. Knavery Robbery or Forgery no Bar to Preferments in King James his Army or Employments ib. 2. The lewdest Converts favour'd p. 29 3. All of them very uncharitable and void of Compassion to Hereticks p. 30 4. Many Perjuries amongst them ib. Sect. 8. Upon Account of their Genius and Inclination to destroy the Laws c. p. 31 N. 1. The ancient Condition of the Tenants and Landlords of Ireland ib. 2. The Landlords that did not forfeit their Estates 1641 retained the Genius of their Ancestors p. 32 3. The Humour and Way of Living of such as formerly forfeited or had sold their Estates ibid. 4. The English Laws were intolerable to the old Landlords that retain'd their Estates p. 33 5. Much more to those that had lost them and most of all to the Popish Clergy ibid. 6. King James employed and trusted those most whose Interest and Temper made them greatest Enemies to the Laws p. 34 by the Laws in employing Soldiers ibid. 8. Secondly That Protestants would not serve his turn Answer This only shews what he designed against us p. 57 9. Thirdly That such Levies were necessary in the Kings Circumstances Answer The Papists had brought that necessity The raising and modeling this Army a plain instance of King James's design to destroy us ibid. Sect. 3. Secondly King James's dealing with the Courts of Judicature p. 58 1. Justice in the Hands of â—it Persons the support of a Kingdom King James put it into the most unfit Hands being such as were bent to destroy the Protestants and English Interest ibid. 2. Chancery Primate Boyle and Sir Charles Porter removed Fitton put in His Character His Inclination and Behaviour towards Protestants and great partiality to them ibid. 3. Masters of Chancery of the same sort p. 60 4. On the other Benches one Protestant Judg kept in for a Colour without Power The like done by Burgesses in Corporations p. 61 5. Kings Bench Nugent's Character great Partiality Instance in Captain Fitz Gerald anâ— Sir Gregory Birn Nugent's great hand in the Bill of Attainder c. Sir Bryan ô Neal's Character p. 61 62 6. Excâ—equer Sir Stephen Rice's Character His Inveteracy to Protestants and enmity to the Act of Settlement p. 63 7. Common Pleas little to do Keating's and Daley's Characters p. 64 8. Circuits Alike ill for Protestants Instance Tirrell's Affidavit ibid. 9. Attorney General Sir Richard Nagle his Character and Partiality Instance in Fitz Gerald and Sir William Petty Speaker of the House of Commons drew up the Acts of Repeal and Attainder and betrayed the Kings Prerogative p. 65 66 10. Administration of the Laws turned to the Protestants ruin p. 66 11. Instances in
p. 118 119 3. Protestants impoverished by vexatious Law Suits p. 119 4. By Delays and the Treachery of Popish Council p. 120 5. By defending their Charters and being forced to take out new ones ibid. 6. By free Quarters Inkeepers and Houskeepers ruined p. 121 7. By the burden of Priests and Fryars p. 122 Sect. 10. Thirdly King James's own Attempts on the same p. 123 1. Quartering on private Houses contrary to the Articles to Lord Mountjoy Most Soldiers had many Quarters Mischievous in their Quarters Instance in Brown who robbed his Landlord and swore Treason against him p. 123 124 2. Plundering and killing the Protestants Stock Vast numbers destroyed and stolen p. 125 3. Irish encouraged to do so no Redress upon Complaints p 126 4. Nugent avowed it Rapparees Necessary Evils Stop put to this Trade when they began to rob one another p. 127 Sect. 11. Fourthly King James's further Methods to compleat the ruin of the Protestants Personal Fortunes p. 128 1. Taking away Absentees Goods Bill for it in Parliament ibid. Methods to drain those that staid of their ready Mony p. 129 1. By Licences for Ships to go for England ibid. 2. By pretended Liberty of Transporting Goods p. 130 3. Licences for Persons to go for England ibid. 4. By Protections granted and voided ibid. 5. By seizing Mony and Plate upon Informations ibid. 6. Boiselot's Dragooning of Cork ibid. 7. Act for the Subsidy at 20000 l. per Month on Lands ibid. 2. Second Subsidy of 20000 l. per Month on Personal Estates ibid. Debates in Council about this and Manner of ordering it ibid. 3. Tax for the Militia p. 132 4. Tax for fortifying the Avenues of Dublin ibid. 5. Tax for quartering Soldiers call'd Bed-Mony p. 133 6. Brass Mony Illegal Void the necessity of Parliaments ibid. Of what Metal and how much coined viz. 965375 l. in one year p. 134 Forced to be taken in all Payments ibid. Fitton forced it on Trustees for Orphans p. 135 7. Lutterell forced it on pain of Death by the Provost-Martial ibid. On Smith Leeson Bennet Widow Chapman her barbarous usage ibid. Papists not forced to receive it from Protestants p 136 8. Seizing of Protestants Wooll Hides Tallow p. 137 Peircy to have bin hanged for saying he was not willing to part with them p. 138 Protestants not permitted to Export them Their Imports seized ibid. 9. Seizing of Corn and Mault The Treason of having Bisket Giles Meigh p. 139 Difficult for Protestants to get Corn or Bread this before Harvest would have forced out all their Silver ibid. 10. Seizing Wool as soon as shorn p. 140 Searching Houses for Copper and Brass for the Mint and taking private Accompts of what else the Protestants had in in their Houses ibid. 11. Lord Mayors rating of Merchant Goods Forced on the Protestants but disregarded by the Papists instance in the very Lord Mayor himself ibid. 12. Proclamation to Rate Silver and Gold in Exchange for Brass on pain of death p. 141 13. Inference from the whole ibid. Sect. 12. Fifthly King James's destruction of the Protestants Real Estates p. 142 1. Explication of old and new Interest and account of the Acts of Settlement and of the Tenure by which the Protestants held their Estates ibid. The Papists outed of their Estates by the late Rebellion still kept up a claim to them and made Jointures and Settlements of them which were confirmed in King James's Parliament p. 143 2. King James at his first coming to the Crown gave out he would preserve the Acts of Settlement Lord Clarendon Lord Chancellor Porter and the Judges in Circuit directed to declare it ibid. The Papists knew it was only colour p. 144 Nagle's Coventry Letter first openly broke the matter October 26. 1686. ibid. Tirconnell at his coming Governour leaves it out of the Proclamation ibid. Nugent and Rice sent to England to concert the methods of Repealing it but concealed for the present their success p. 145 At their return prepared for a Parliament ibid. For which Matters had been fitted by the Quo Warranto's and reversal of Outlawries against the Irish Peers ibid. 3. Papists had not patience to wait for their Estates till a Parliament but went to work by counterfeit Deeds and by old Injunctions of the Court of Claims p. 146 4. Matters ripe for a Parliament but put off till the Parliament which was to sit in England November 1688. should take off the Penal Laws c. p. 147 5. at King James's arrival in Ireland it was against his Interest to call a Parliament First because of loss of time the Kingdom not reduced ibid. 6. Secondly which was King James's Allegation for not calling one in England this reflected on his sincerity p. 148 7. Thirdly It was the way to disoblige all that were inclined to him in England and Scotland ibid. 8. Fourthly It disobliged a great many of the Irish themselves ibid. 9. Fifthly It rendered all not under his power desperate p. 149 10. Against all Reason and Interest he called one being resolved to Dye a Martyr or Establish Popery ibid. 11. This Parliament fitted for our ruin both in respect of the King and of both Houses ibid. 13. Method of filling the House of Lords with Popish Peers Only four or five Protestant Temporal and four Spiritual Lords ibid. Several Acts past not by consent of these last though it be pretended in their Preambles p. 150 14. House of Commons how filled Manner of Electing Members Only two Protestants that could be called such in it p. 151 15. The whole House a slave to the Kings Will. No Protestations allowed p. 153 16. How much Reason we as well as England had to dread Papists in a Parliament p. 154 17. First Account of the Act of Repeal ibid. Secondly Of the Act of Attainder p. 155 Thirdly Clause in it of holding Correspondence since Aug. 1. 1688. ibid. Fourthly Clause of cutting off Remainders p. 156 Fifthly No Protestant might hope to be reprized by the Act of Repeal ibid. Sixthly Clause in the Act of Attainder against the Kings Pardoning which was the Reason this Act was kept so secret Copy procured by Mr. Coghlan Upon account of Sir Thomas Southwell's Pardon Sollicited by Lord Seaforth King James in a Passion with Sir Richard Nagle for betraying his Prerogative by this Clause against Pardoning p. 157 158 159 18. Observations First King James could not dispense when the Irish pleased ibid. Secondly Near three thousand Protestants condemned for not coming in by a day and yet the Act never published but kept secret ibid. Thirdly Folly of attainted Persons to think of ever being Pardoned if King James be restored since it is not in his power p. 160 Fourthly Papists got into their Estates before the time set in the Act of Repeal ibid. 19. Means how the Papists got Possessions p. 161 First Popish Tenants attorn'd to their old Popish Landlords ibid. Secondly Advantages taken of Clauses in the Act of Repeal ibid.
Thirdly From Orders about Garrisoning Mansion-Houses Sending the Protestant Owners to the Goal who must never have expected either their Houses or Lives if King James had prevailed ibid. Estates of Absentees disposed of and promised to Papists p. 162 20. Objection That King James did not know the Consequence of Repealing the Acts of Settlement ibid. Answer First King James understood them better than any and held ten thousand pounds a year by them when Duke of York ibid. Secondly King James would not hear the Protestants plead at the Bar against the Repeal p. 163 Thirdly Bishop of Meath in a Speech in the House set forth the ill Consequences at large ibid. Fourthly The Protestants opposed it from Point to Point ibid. Fifthly Protestants were resolved to use their utmost that the ill intents of their Adversaries might appear the more p. 164 Sixthly Lord chief Justice Keating's Paper given to King James in behalf of Purchasers rejected ibid. 21. Protestants lost more in Ireland than all that favour King James's Cause in England are worth p. 165 Sect. 13. Eighthly The danger into which King James brought the lives of his Protestant Subjects in Ireland ibid. 1. At King James's Coming no General Pardon though it had been his Interest in respect of England ibid. 2. Is not chargeable with particular Murders further than by arming such Men as would be guilty of them p. 166 3. The Governments Design upon our Lives ibid. First by feigned Plots and Protecting the Perjured Witnesses Instance in Spikes Case The Dumb Friar p. 167 Secondly By wresting Facts to Treason Nugent declar'd Protestants having Arms to be so p. 168 Thirdly By violating Articles Mr. Brown of Cork Town of Bandon Earl of Inchiquin Captain Boyle Sir Thomas Southwell and his Party Lord Mountjoy's Soldiers Fort of Culmore King James's approach to Derry Captain Dixy Kenaght Castle p. 169 170 Fourthly By violating Protections p. 171 Protestants of Down p. 171 Protestants brought before Derry by General Rosen Bishop of Meath applyed to King James about it King James excused Rosen p. 173 174 Captain Barton of Carrick Mac Cross p. 175 Fifthly By private Orders and Proclamations with the penalty of Death Several Instances p. 178 Sixthly By the Act of Attainder Abstract of it Archbishops 2 Duke 1 Temporal Lords 63 Ladies 22 Bishops 7 Knights 85 Clergymen 83 Esquires and Gentlemen 2182 2445 p. 179 180 Not equalled by the Proscription at Rome Great part Attainted on Common Fame p. 182 Observations on the Act ibid. 1. Leaves no room for the King to Pardon ibid. 2. The Act concealed Out of the Power of an English Parliament to Repeal it by the Act for cutting off Ireland from England p. 183 3. The hast in drawing it up ibid. 4. Many left out particularly the Collegians and how ibid. 5. Applications in behalf of Protestants made their Case worse p. 184 6. Allowing of time to prove Innocency a meer Collusion ibid. 1. None knew what time was given ibid. 2. None knew what they would call Innocency Instance Desmineer and Ginnery ibid. 3. The Embargo on this side would not let them know on the other side 4. The Embargo on the other side would not let them come hither 5. To have come would have been an unwise Venture p. 177 4. Objection That few Protestants lost their Lives p. 178 Answer 1. When it is known how many have perished they will not appear few ibid. 2. The Irish Papists would not venture at much Murthering till they were past an after Reckoning they feared such Cruelty would be revenged on Roman Catholicks in England ibid. 3. Protestants were cautious not to provoke them and were true to one another p. 179 4. We dont know what would have been done with Attainted Persons ibid. 5. Protestants if Obnoxious absconded or escaped ibid. 6. The Support of King James's Army depended on the Protestants p. 179 Scotch Officers that came here wondered to find how Protestants were used having heard so much the contrary at home p. 180 The same given out in England Pity but those who believed and forwarded it had been sent hither ibid. The Irish doing what they did in their Circumstances what would they have done if left to their swing ibid. Sect. 14. Ninthly The method King James took to destroy our Religion p. 181 1. The Attempts against our Lives and Fortunes no sudden thing but the result of a long Design for which Tirconnel had 20000 l. per annum ibid. 2. King James pretended Liberty of Conscience but not to be expected from a Roman Catholick ibid. 3. The Laws and Coronation Oath secured our Religion The Clergy had merited from King James by opposing the Exclusion and disobliged their People p. 182 4. At his coming to the Crown the Roman Catholicks declared that his Promises to the Church were not intended for Ireland p. 183 Sect. 15. First By taking away our Schools and Universities p. 184 1. Lord Tirconnell put the Schools contrary to Law into the hands of Papists ibid. 2. And would have put in Popish Fellows into the College ibid. 3. Stopt the College Pension of 388 l. per annum from Easter 1688. turned out the Fellows and Students seized on the Library and Furniture p 193 4. Forbid three of them on pain of Death not to meet together p. 194 5. King James did not fill up vacant Bishopricks and Livings in his Gift ibid. 6. And allowed nothing for supplying the Cures p. 195 7. All the Bishops and Livings in the Kingdom would soon have come into the Kings hands p. 196 8. This not the effect of our Constitution the same in Popish Countries Thirty five Bishopricks void in France in 1688. King James's Ungratefulness to the Protestant Clergy ibid. Sect. 16. Secondly By taking away the Maintenance of the Clergy p. 197 1. Book-Mony denyed by the Papists from King James's coming to the Crown ibid. 2. Priests put in for Tythes Hardly recovered by Protestants p. 198 3. An Act of their Parliament applied Papists Tythes to the Priests ibid. 4. And Protestants Tythes too when the Priests had the Benefices ibid. 5. The Priests forc'd into Possession of Glebes where there were any p. 199 6. Protestant Clergy little better for the Tythes left to them Protestants had little Tythings left Priests by Dragoons seized what there was never wanted Pretences ibid. 7. House-Mony in Corporations taken away by their Parliament Pleaded against before the House of Lords but in vain p. 200 8. The same took away Ulster Table of Tythes p. 201 9. Duties payable to the King out of Livings were exacted wholly from the Protestant Incumbents though they had nothing left to them of their Livings their Persons seized and sent to Goal ibid. Collonel Moore Clerk of the First Fruits imprisoned because he would not be severe against them p. 202 Sect. 17. Thirdly By taking away the Jurisdiction of the Protestant Church ibid. 1. The Churches Right by Prescription to Jurisdiction ibid. 2. Act
of their Parliament destroyed this Jurisdiction by exempting all that please to be Dissenters p. 203 3. In most Diocesses the Bishops Dead or Attainted ibid. 4. They encouraged the most Refractory Dissenters Quakers against the Church p. 204 5. Likewise leud and debauched Converts ibid. 6. The Kings Courts hindred Bishops Proceedings against debauched Clergymen Instance in Ross and the Bishop of Killmore ibid. 7. King James appointed Chancellors Gordon a Papist in Dublin King James asserted a Power over his Protestant though not over his Roman Catholick Clergy A gross breach of Trust and provoking Temptation to his People p. 205 206 8. Papists encouraged Debauchery and had rather have us of no Religion than Protestants p. 206 Sect. 18. Fourthly By taking away their Churches p. 208 1. Priests declared they would have our Churches Act of their Parliament gave them to them with the Livings as they fell ibid. 2. At Duke Schonberg's landing they set the Rabble to deface them Instance in Trim and other Rudenesses p. 209 3. The Churches seized in Dublin Feb. 24. 1688. to put Arms in September 6. 1689. to search for Arms. Barbarities used in them In October and November the Churches seized throughout the Kingdom ibid. 4. By the Officers or Magistrates of the Army Christ Church Dublin seized p. 210 5. Protestants Complain and press to King James the Act for Liberty of Conscience Are referred by him to the Law ibid. 6. The injustice of this p. 211 7. For a colour to England and Scotland King James issues a Proclamation against seizing Churches which served only to hasten the doing of it ibid. 8. Priests slighted the Proclamation p. 212 9. Applications made to the King for Relief ibid. 10. On behalf of Waterford and Wexford King James Orders Restitution but is refused to be obeyed by the Mayors and Officers ibid. 11. On new Applications from the Protestants he refers Waterford Petition to the Earl of Tyrone Governor of Waterford who calls their Church a place of strength and turns it into a Garrison The Mayor of Wexford turned out but the Church never restored p. 213 12. When King James would have kept his word to us it was not in his Power by means of his Clergy ibid. 13. Act for Liberty of Conscience provides not against Disturbers of Assemblies p. 214 14. Many Disorders committed by their Soldiers in our Churches ibid. 15. Christ Church Dublin shut up September 6. Seized October 27. September 13. all Protestants are forbid to assemble July 13. 1689. all Protestants confined to their Parishes though two or three Parishes have but one Church June 30. more than five Protestants forbid to meet on pain of Death Had King James succeeded at the Boyne we should never have had our Churches again Liberty of Conscience brought to this p. 215 216 Sect. 19. Fifthly By encouraging Converts and ill Treatment of the Protestant Clergy p. 216 1. Protestant Wives severely treated by their Husbands Servants by their Masters Tenants by their Landords ibid. 2. Those that turned escaped Robberies c. p. 217 3. Protestant Clergy sure to be Plundered Bishops of Laughlin and Waterford ibid. 4. Without Horses in the Country and afronted in the Streets of Dublin p. 218 5. Dr. Foy's Treatment for resuting Mr. Hall Dr. King 's in his own Church Mr. Knight's by the Mayor of Scarborough c. ibid. 6. Oaths tendered them and upon their refusal imprisoned Hindred from visiting their Sick by Priests p. 219 7. Forced the Ministers to go about to take the number of their Parishoners p. 220 Sect. 20. Sixthly By Misrepresentations of them and their Principles p. 221 1 2. Priests told ignorant People that our Church allowed the King might oblige all his Subjects to be of his Faith ibid. 3. From the Doctrine of Non-Resistance they told us the King might use us as the Grand Seignior or the French King does his Subjects ibid. 4. King James warned the young Mr. Cecills against our Bishops as ill Men and all false to him p. 222 5. Yalden's weekly Abhorrences Scandalous falshood of Dr. King and Dr. Foy ibid. 6. Defence upon the whole of desiring and promoting King William to rescue us p. 224 7. From the lawfulness of the Grecians to desire or accept the like from a Christian Army ibid. Chap. IV. That there remained no prospect of Deliverance for us but from their present Majesties p. 225 1. There remained no defence for us from the Laws or King James ibid. 2. Unreasonable to trust to a new Miracle ibid. 3. Our Adversaries scoft us with Preaching Patience as Julian did the Christians ibid. 4 Mad at their Prey being rescued by his present Majesty p. 226 CHAP. V. A short Account of those Protestants who left the Kingdom and of those that stayed 228 Sect. 1. Concerning those who went away ibid. 1. Reason of this Section ibid. 2. No Law against Subjects Transporting themselves into the English Dominions ibid. 3. The Danger of staying and no prospect of doing good by their stay in Ireland 229 4. No prospect of being able to subsist in Ireland ibid. 5. The Reason of Clergy Mens going 230 6. The going away of so many of all sorts could not be without sufficient cause p. 231 7. Nor from a sudden and panick fear because it continued to the last p. 232 Sect. 2. Concerning those that stayed p. 233 1. Distribution of those that stayed into four sorts ibid. 2. First The meaner People either could not get away or were left in charge with the Concerns of those that went ibid. 3. Secondly The Gentlemen dreaded to beg or starve in England ibid. 4. Were willing to secure what they had if they could p. 234 5. Were desirous to Protect their poor Dependants ibid. 6. Were useful in interceding for and relieving many Distrest p. 235 7. In Counselling and advising inferior Protestants ibid. 8. Thirdly Those that had Employments their stay of great importance in preserving Records c. p. 236 9. Not safe for them to decline Acting till they were forced p. 237 10. In many Cases they were very beneficial to their Fellow Protestants ibid. 11. The few that did otherwise ought to suffer ibid. 12. Fourthly The Clergy need no Apology for staying Their Serviceableness in several instances p. 238 Conclusion 1. DIsclaiming Prejudice and Partiality p. 239 2. It were to be wished that Commissions might issue to enquire into the Damages of Protestants ibid. 3. The Irish may blame themselves for what they shall suffer in Consequence of these Troubles ibid. Index of the Appendix THE Act of Attainder in Ireland at large p. 241 The Persuasions and Suggestions the Irish Catholicks make to his Majesty supposed to be drawn up by Talbot Titular Archbishop of Dublin and found in Collonel Talbot's House July 1. 1671. p. 298 A Copy of a Letter of the Irish Clergy to King James in favour of the Earl of Tirconnell found amongst Bishop Tirrell's Papers in Dublin p. 301 The Copy
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
two hot headed Fellows amongst them but they universally talked at this rate And it was the common and encouraging Speech of the Earl of Tyrconnel from the very beginning of his Government and particularly when he took leave of several Privy Councellors and Officers at his going to wait on King James at Chester August 1687 I have put the Sword into your Hands And then in his usual Stile prayed God to damn them all if ever they parted with it again 9. 'T is further to be remembred that their Predecessors were so eager and earnest to recover this Power over their Vassals and to establish their Religion that they attempted to gain their Designs by that bloody Rebellion and Massacre in the year 1641. An Attempt no less desperate and unlikely to succeed than wicked and when their own Power appeared insufficient to gain their ends their supreme Council at Killkenny sent Commissioners with Instructions to offer up the Kingdom and themselves to the Pope the King of Spain or any other Foreign Popish Prince that would accept the Offer This was very well known to King James he was at the Council-Board when the original Instructions signed by order of the Supreme Council that then managed the Affairs of the Roman Catholicks of Ireland were produced before King Charles II and his Council in England in the year 1662 empowering their Agents to this effect and he might very well conclude that they who were willing to submit themselves to a Foreign Power to be rid of the Laws of England would heartily join with him to destroy them 10. Whosoever will consider Circumstances and lay things together will be apt to believe what is averred by some that King James before he declared his Religion had a desire and resolution to destroy the Laws and Liberties of these Kingdoms and make himself absolute if ever he came to the Crown after the manner of France and that the great motive of declaring himself a Roman Catholick at first wàs to make sure of that Party there are several things that rightly weighed will make this probable 1. If we consider that no Party amongst us was likely to be so wicked as to have bought his favour by joining with him in such a design except the Papists 2. Amongst Papists he chose out those and preferred them which he thought would be most Cordial to him and serve him most effectually in that design There can be no other reason given why he should be fonder of the Irish than the English Papists but that he thought the one more likely to go through with him than the other The English Papists are as Zealous in their Religion as the Irish and generally more honest Men yet the King rather chose to Cherish and Employ the latter The only imaginable Reason of his doing so was because the English were not so ready to give up the Laws and Liberties of the Kingdom to the Prerogative as the Irish and since King James's kindness was distributed according to the readiness he found in Men to betray their Country rather than according to their Zeal for their Religion have we not reason to conclude the first to be the true motive of his kindness rather than the latter 3. Those Protestants or pretended Protestants that cordially and heartily espoused this design and served him effectually to oppress and ruin their fellow Subjects kept his favour pretty well and were Employed by him notwithstanding their being reputed Protestants a certain sign that the Reason he discharged Protestants from their Trusts and Offices was chiefly because he thought they would not serve him as he expressed it without reserve or contribute heartily to inslave themselves and their Posterity 4. He often declared and more especially in his Act for Liberty of Conscience made in his Parliament in Ireland that it was his constant Resolution that there should be no other Test or distinction amongst his Subjects but that of Loyalty by which all knew that he meant an absolute submission in every thing to his Will for he accounted every body disloyal that disputed or demurred at any of his Commands 5. As soon as the Irish began to dispute his Orders and stand on the Laws he took it heinously from them and they lost much of his favour he spake hardly of them and wished at any rate to be rid of them when the House of Commons crost some proposal of his he was very much out of humor and declared that all Commons were the same as he found by them when they quarrelled with the Earl of Melford his Secretary of State he complained that they used him basely and unkindly and that he never would have come amongst them if he had thought that they would not let him choose his own Servants when they would not suffer him to Dispense with their Act of Attainder or Pardon any Attained in it with a non obstante he is said to have fallen into so violent a Passion that his Nose fell a bleeding He was very angry with some of his Council when they demurred at his Levying twenty thousand pounds per month without Act of Parliament and said he could do nothing if he could not do that From whence we see that he reckoned all his Power nothing except he could impose Taxes as the King of France doth and that this lay at the bottom of all his Designs Nay it was commonly reported by the Roman Catholicks that King James boasted and pleased himself mightily that he had made himself Absolute which none of his Predecessors could do and had a more numerous Army than any of them and consequently was a more glorious King If then his chiefest design was to oppress our Laws and Liberties no body can doubt but he had Instruments whose Genius and Temper inclined them to assist him as long as they were like to go sharers with him in the Purchase SECT IX V. The Officers employed by King James were most of them unqualified by Law and consequently fit Instruments to destroy the Laws 1. MEN may live very comfortably in a Nation and yet be excluded from the Power or Government of it therefore it is no injustice to exclude a certain Rank of Men that want such Qualifications as may give the Common-Wealth confidence in them from intermedling in the Government Of this Nature we have had Laws in all Countries in the World and whatever be pretended they are very often both just and necessary nor is it reasonable that the King should have a power to dispense with such since they are often made on purpose to secure the Common-Wealth against his encroachments Of this Nature are our Laws that disable Papists from all Employments Civil and Military by an Act of Parliament made in the Reign of Henry VIII no Man is to Execute any Employment till he has taken the Oath of Supremacy This is repeated and confirmed by another in the second of Elizabeth And here it is
observable how they evaded this Statute It positively requires that every Officer shall take and receive a Corporal Oath there set down and if any refused to take it then he is to forfeit whatever Office he hath at the time of the refusal and be disabled to retain or Exercise any Office Now to elude this Law the Oath was never tendered to their new Officers and consequently said they they never refused it neither are they liable to the Penalties of this Act. This was plainly against the design of the Statute a playing with the Words of it and shewed us that all Laws were insufficient to secure us against such Jusuitical Prevaricators By an Act made in the time of Henry VII it is Treason to stir up the Irish Country to War against the English and by several other Laws made both in England and Ireland the Papists especially the Irish are disabled to hold Places of Power or Trust and particularly Papists are excluded from Freedom in Corporations by a Clause in the Act of Settlement on which the new Rules for Regulating Corporations made by the Earl of Essex at his first coming to the Government are founded Now so great was King James's Passion for these People that he was not content to have them about him to shew them Countenance and Favour but in defiance of so many Laws he would needs thrust them into the Government and set them over Protestants who in making those Laws had resolved not to be Governed by them and the Laws themselves being designed to exclude them we must not imagine that King James made this bold adventure for nothing or that he would disoblige the Body of his People without designing some signal advantage to himself by it he must have some peculiar service for these unqualified Persons to do in which the rest of the Nation would not assist him and that could be nothing else but the destruction of their Laws and Religion for in every thing else they were rather too ready to comply with him but those that came into their Places of Trust and of Profit in defiance of the Laws merely by his Favour must be ingaged as deeply as he to support the Power that preferred them and destroy the Laws that laid such Bars in their way to Honor and Profit The Contest is here between our Laws Religion and Liberties on the one side and the Kings Power on the other and the King was sure that those to whom the Laws were Enemies would likewise be Enemies to the Laws and never stick at any thing to support the Power that made them what they were if they should they must needs sink having nothing else to support them besides it Whoever therefore accepted any Place or Preferment against the Laws did thereby oblige himself to a boundless submission to all the Kings Commands and to Execute them however illegal and consequently was become a fit Instrument to Sacrifice the Laws and Religion of the Kingdom to the will of his Sovereign If therefore King James designed the destruction of these as I suppose is apparent that he did from what has been said in this Chapter we have no Reason to imagin that he would not have been able to compass his design for want of assistants to Execute it having so many fitted to his Hand in this Kingdom 2. And this answers that Objection which we hear from some who will not understand our Circumstances but tell us that we ought to have had Patience and let King James take his Course for though he had destructive Designs yet he was but one Man and could not Execute them against us in his own Person nor procure others to Execute them for him since all Men would be afraid to obey his illegal Commands as long as they could not but know that they were accountable to the Laws for every thing done against them but it appears from the account I have given of those Persons whom King James employed that they neither knew nor feared nor cared for the Laws And that their business and enmity was as great against them as against us being resolved to destroy both together which they had effectually done had not God sent us a Deliverer to prevent it CHAP. III. King James not only designed but attempted and made a considerable progress in our Destruction SECT I. The Introduction to the proof of this head grounded on a short view of the State of Ireland at the time of King James's coming to the Crown and of the vain assurances Protestants gave themselves of Security from the consideration of their Merits towards him the Repute of his good Nature and his own true Interest 1. THE destruction of a People is so horrid a thing that it is not easie to persuade a good natured Man that such an unnatural design can enter into any ones heart and we our selves though almost ruined dare hardly relate it to others lest they should not believe us It is certain that if the Protestants of these Kingdoms could have believed that King James would have attempted what he did they would never have entred into such Feuds against their fellow Subjects and Friends to prevent his Exclusion but their Zeal for the Monarchy and Succession made them willing to overlook the danger and they persuaded themselves that the absurdity and difculty of the thing would keep him if he came to the Crown from attempting it notwithstanding they knew that his Principles inclined him and his Counsellors would prompt him to it I question much if any thing but sad Experience would ever have opened the Eyes or convinced the generality of these Nations that his designs were such as we found them in the event and perhaps it is worth all our Sufferings though very heavy to have learned as we have done by this Example never to trust Men of King James's Principles and Religion with a Power that may destroy us since it appears in him that no Interest Difficulties or Obligations are sufficient to hinder such from employing that Power to effect it No Man could be under deeper Obligations to use his Power with Moderation than King James was yet in the short time he possessed it he employed it with so much diligence and earnestness to destroy us that he in a great measure accomplished it and we must thank God only and his present Majesties victorious Arms that saved us from a total and final Destruction to which we were so manifestly devoted To make this appear it will be necessary to take a short view of the State of Ireland at and since King James's coming to the Crown and by the Alteration he introduced it will plainly appear what he designed At his coming to the Crown Ireland was in a most flourishing Condition Lands were every where improved and Rents advanced to near double what they had been in a few years before the Kingdom abounded with Money Trade flourished even to the Envy of our
Judicature in such a method as tended to destroy the Protestant English Interest of Ireland 1. THE support and happiness of a Kingdom consists chiefly in the equal and impartial Administration of Justice and that depends on the choice of fit and duly qualified Persons for filling the Courts and Executing the Laws but King James made choice of such Persons for these Offices as were so far from answering the intent of their Places that they made it their business to destroy the Protestant Interest and the Laws that preserve the Liberty of the Subject in general by those Laws no Man was capable of being a Judg who had not taken the Oath of Supremacy The Judges he found on the Bench had taken it but yet some of them were known to be rather too favourable to Papists and considering the influence King James had in his Brothers time in disposing of Offices it is not to be imagined that he would suffer any Man to sit as a Judge who had not been favourably represented unto him in that Point though we must own he was mistaken in some of them hence it came that Protestants did frequently complain of the Favour and Countenance their Adversaries found in the Courts of Justice even in King Charles II. time But when King James came to the Crown moderate nay favourable Judges would not do the Work he designed He found it necessary to Employ the most Zealous of his Party those who both by Interest and Inclination were most deeply ingaged to destroy the Protestant English Interest and accordingly such were picked out and set on all the Benches 2. The Chancery is the great and highest Court wherein the great Frauds and other matters belonging to Trusts and Equity are determined and neither the Lord Primate Boyle who had managed that Court about twenty years nor Sir Charles Porter who succeeded him could answer the Kings intention but Sir Alexander Fitton of whom I have already given some account a Person detected of Forgery not only at Westminster and Chester but likewise Fined by the House of Lords in Parliament must be brought out of Goal and set on the highest Court of the Kingdom to keep the Kings Conscience though he wanted Law and natural Capacity as well as Honesty and Courage to discharge such a Trust and had no other quality to recommend him besides his being a Convert Papist that is a Renegado to his Religion and his Country but the mystery of this was easily found out The Papists of Ireland had gone a great way to retrieve the Estates they had forfeited by the Rebellion 1641 by counterfeit Settlements Forgeries and Perjuries and to do their business in a great measure there needed no more than to find a Judg that would be favourable to and countenance such proceedings and where could they find a more favourable Judg than one who was notoriously involved in the same guilt and who probably in some Cases did not esteem such Arts unlawful but besides this there is requisite to a Chancellor a peculiar quickness of Parts and Dexterity to penetrate into the contrivances of Cheats and Forgeries for which Sir Alexander Fittons natural slowness and heaviness incapacitated him but this very defect together with his Zeal for Popery fitted him to execute the Kings design as effectually as any that could have been found He could not understand the merit of a Cause of any difficulty and therefore never failed to give Sentence according to his inclination having no other Rule to lead him and how he was inclined towards Protestants appeared from his Declarations on all occations against them he did not stick on a Hearing to declare that they were all Rogues and that amongst forty thousand there was not one who was not a Traitor a Rebel and a Villain for this Reason he would not allow the Guardianship of a Child to the Protestant Mother but gave it against the positive words of the Law to the Popish Relations for this Reason he refused to hear so much as a demurrer in the Popish Dean of Christs Church Mr. Staffords Case For this Cause he over-ruled both the common Rules of Practice of the Courts and the Laws of the Land declaring in open Court that the Chancery was above all Laws that no Law could bound his Conscience and he acted accordingly in many Cases where Protestants were concerned After hearing a Cause between one of them and a Papist he would often declare that he would consult a Divine before he gave a Decree that is he would have the Opinion of a Popish Priest his Chaplain Educated in Spain and furnished with Destinctions to satisfie his Conscience how far he should do Justice to Protestants many Papists came and made Affidavits of being in Possession when they never were and got Injunctions and Orders without any more ado to quiet their Possessions But a Protestant though never so palpably disturbed could not procure any Order but was sent to the Common-Law to recover his Possession by a Popish Jury returned by a Popish Sheriff before a Popish Judg that is he must expect Law from Judges and Officers that Sate and Acted in defiance of Law If at any time the Chancellor was forced to grant an Injunction or Decree it was with all the difficulties and delays that could be and often the thing was lost and destroyed before the Order came for recovering it 3. The Administration of Justice and Equity is the great end of Government and it is as good nay better to be without Governours than to have Governors under whom Men cannot reasonably hope for these We see from the choice of a Chancellor what care King Iames took for the Administration of Equity to Protestants To help the matter he added as Assistants to the Chancellor Mr. Stafford a Popish Priest for one Master of the Chancery and Felix ô Neal Son of Turlogh ô Neal the great Rebel in 1641 and Massacrer of the Protestants for another To these generally the Causes between Protestants and Papists were referred and upon their Report the Chancellor past his Orders and Decrees 4. The Courts of Common-Law were put into the same method and great care taken to fill them with Judges who might be ingaged in a profest enmity to the Protestant Interest In Ireland there are only three Judges on a Bench and it was thought fit for a colour till things were Riper to keep one Protestant on every Bench but whilst there were two Votes to one the Protestant Judg could neither do Right to Protestants or retard a Sentence to be given in the favour of a Papist This mock method of seeming to trust Protestants they took likewise in naming Burgesses and Aldermen for Corporations they generally put some few into their New Charters to serve for a pretence of impartiallity and yet to signifie nothing this Method of continuing some few Protestants in Courts and Corporations serving only to silence and exasperate us to be thus
imposed on but contributed nothing to relieve us as we found to our Costs and the Protestant Judges and Burgesses finding that they were made Cyphers and Properties of themselves declined at last to Act in their Stations 5. Next to Chancery is the Kings Bench where Subjects are tryed for their Lives and Fortunes upon this was set Mr. Thomas Nugent made afterwards Baron of Riverstown the Son of one who had been Earl of Westmeath but had lost his Honor and Estate for being an Actor in the late Rebellion begun in 1641. This Mr. Nugent who had never been taken notice of at the Bar but for a more than ordinary Brogue on his Tongue as they call it and ignorance in the Law was pitched on by King James to judg whether the Outlawries against his Father and his fellow Rebels should be reversed and whether the Settlement of Ireland founded on those Outlawries should stand good It was a Demonstration to us what the King intended when he assigned us such a Chief Justice and indeed the Gentleman did not fail to answer the expectation conceived of him He reversed the Outlawries as fast as they came before him notwithstanding a Statute made in point against it and in all the Causes that ever came before him wherein the Plaintiffs and Defendants were Papist and Protestant I could not learn from the most diligent Observer that ever he gave Sentence for the latter Nay it is Shrewdly suspected that he went sharer in some considerable Causes and not only appeared for them on the Bench but also secretly incouraged and fomented them Before him a Deed should be judged Forged or not Forged according as it served a Popish Interest And a Protestant needed no more to gain a Cause against another Protestant than to turn Papist which manifestly appear'd in Sir Gregory Birns Case who merely by turning Papist as is noted before in the midst of his Suit against Captain Robert Fitz Gerald got a Deed condemned of Forgery and recovered five or six hundred pounds per annum notwithstanding Mr. Daniel Birn his Father some years before for pretending it was Forged had been Sued in an Action of the Case and forced to pay two hundred pound damages and though there appeared in Court a Bond under Birns Hand obliging him to pay two hundred pound to the Witnesses in case they should prove Captain Fitz Geralds Deed to be Forged yet the proof was accepted But these were common things in this Court and the mischief had been much greater had not a Writ of Error lyen from his Court to the Kings Bench in England In one thing more he signalized himself it was by committing and prosecuting people for feigned Offences and Treasons and by countenancing and encouraging and after discovery protecting false Witnesses against Protestants Many were brought in danger of their Lives by his contrivances and when the accused were acquitted on Tryal by a palpable Demonstration that the Witnesses were Perjured he declared that they neither could nor should be Prosecuted for they only sware for the King and he believed the accused persons guilty though it could not be proved In short he shewed all the venom and rigour against them he could he was set up to destroy them and he went as far in it as his power could reach his weakness not his inclination hindred him from carrying it farther It is not imaginable by any that have not seen and heard him how furiously and partially he was bent against Protestants it may be guessed how he stood inclined to them by the great Hand he had in promoting the Bill of Attainder and the Bill to vest all Absentees Goods in the King whereby much the greater part of the Protestants of Ireland lost all their Estates Personal and Real of which we shall speak more hereafter He was assisted on the Bench by Sir Bryan ô Neal as puny Judg a weak Man that had nothing to recommend him but Venom and Zeal being otherwise disabled both in his Reason and Body Only he had the faculty to do what he was bid especially when it suited with his own inveteracy against Englishmen and Protestants This Character may seem rigid but as many as knew him will not think it exceeds 6. The next Court for business though not for Precedence is the Exchequer in which all Actions wherein the Kings Revenue or any other Mans Estate is concerned may be tryed From this Court no Writ of Error lies in England so they were free here from that Check which was so troublesom to them in other Courts Upon this consideration it was that the whole business of the Kingdom so far as it concerned them was brought into this Court though not so proper for it Here were brought all Actions of Trespasses and Ejectments concerning Estates all Quo Warranto's against Corporations and Scire Facias's about Offices and they thought themselves concerned to have an able Man and one throughly Cordial to their Interest for the Chief Judg in it for if he had wanted Sense or Law though willing as they found by Experience in some of the other Courts he might have been unable to serve them in all Cases They therefore fixed on Mr. Stephen Rice afterward Sir Stephen who had formerly been noted for a Rook and Gamester at the Inns of Court He was to give him his due a Man of the best Sense amongst them well enough versed in the Law but most signal for his inveteracy against the Protestant Interest and Settlement of Ireland having been often heard to say before he was a Judg that he would drive a Coach and Six Horses through the Act of Settlement upon which both depended And before that Act was Repealed in their pretended Parliament he declared on the Bench that it was against Natural Equity and could not oblige This Man did King James choose for Chief Baron and for the final determination of all the Suits that lay between Protestants and Papists either in Common-Law or Equity And it is no hard matter to conjecture what success the Protestants met with in their Suits before a Judg that declared as he did that they should have no favour but Summum jus that is the utmost rigour of the Law Immediately his Court was filled with Popish Plaintiffs every one that had a forged Deed or a false Witness met with Favour and Countenance from him and he knowing that they could not bring his Sentences into England to be re-examined there acted as a Man that feared no after Account or Reckoning It was some considerable time before he would allow a Writ of Error into the Exchequer Chamber though that was in effect to themselves and when it was allowed it was to little purpose before such Judges It was before him all the Charters of the Kingdom were damned and that in a Term or two in such a manner that proved him a Man of Dispatch though not of Justice If he had been left alone it was
really believed that in few years he would by some contrivance or other have given away most of the Protestants Estates in Ireland without troubling a Parliament to Attaint them which was a more compendious but not a more certain way to destroy them than the Methods he took It was he that without Hearing after he had Dissolved the Corporations by giving Sentence against their Charters declared void all the Leases of Lands or of Perquisites made by them though long before their Dissolution and on very good considerations and thereupon outed several Protestants of their Leases but it were endless to mention all the Oppressions and unjust proceedings of this Court it were in effect to transcribe the Records of it Let me only observe that the Chief Baron was assisted by Sir Henry Lynch as Second Baron who came indeed short of him in Parts but yielded nothing to him in Malice to the Protestant Religion and Interest 7. The Court of Common Pleas had little to do the business so far as concerned the Protestants and Papists was intirely carried out of it to the Kings Bench or Exchequer and therefore they permitted the Lord Chief Justice Keating still to sit in it but Pinioned with two of their own sort that if any thing should chance to come before him he might be out-voted by them The truth is they were jealous of this Court not only because a Protestant was Chief Justice in it but likewise because Judg Dally sat as puny Judg who though a Roman Catholick yet understood the Common-Law so well and behaved himself so impartially that they did not care to bring their Causes before him so much did they dread the prospect of Justice though before Judges that were of their own Party and Persuasion 8. The Circuits are an extention of the Courts whereby Justice is carried into the Country these were managed much at the same rate with the Courts and where the Sheriff and Judg were both Papists it is not difficult to guess what Justice Protestants must expect what packing of Juries there was amongst them and how deeply the Judges themselves were concerned in such Practices is evident to all that had any Concerns in the Country at that time 9. It will be requisite to say something of the Attourney General which King James made instead of Sir William Domvile whom he turned out after near thirty years supplying the place but he was a Protestant and would not consent to reverse the Popish Outlawries nor to the other Methods they took to destroy the Settlement of Ireland and therefore he was laid aside In his place King James substituted Mr. Richard Nagle whom he afterwards Knighted and made Secretary of State he was at first designed for a Clergy-Man and educated amongst the Jesuits but afterwards betook himself to the Study of the Law in which he arrived to a good Perfection and was employed by many Protestants so that he knew the weak part of most of their Titles Every Body knows how great a part the Attorney General has in the Administration of Justice it being his Office to prosecute and in his power to stop any Suit wherein the King is concerned How he used this Power will appear in one instance tho many may be given One Fitz Gerald of Tycrohan the Heir of a forfeiting Papist had a Suit for a great Estate against Sir William Petty it was tryed in the Exchequer before Chief Baron Rice and Fitz Gerald carried the Cause by the Perjury of two Friars and a Woman who swore a person to be dead in Spain and themselves to be present at his Burial upon whose Life Sir William's Title depended This person soon after appeared to be alive and is so still for ought we know and his being alive was so notorious and manifest that the Attorney General could not deny it Sir William's Counsel and Lawyers designed to indict the Friars and Woman for their Perjury but the Grand Jury refused to find the Bill and I was credibly informed that the Attorney General said that if they did not desist he would enter a Noli prosequi It is certain he refused to prosecute it and it was imputed to his Contrivance that they escaped By such means the Course of Justice was stopped to Protestants and the like Tenderness the Courts generally shewed to Perjurers when the Perjury served their Interest And sure the Protestants were in an ill case whose Lives and Fortunes lay at the Mercy of such Judges and Juries and they must conclude that nothing less than Destruction was designed for them by a King who put them under such Administrators of Justice The same Sir Richard Nagle was the Speaker of the House of Commons in their pretended Parliament and had the chief Hand in drawing up their Acts King James confided chiefly in him and the Acts of Repeal and Attainder were looked on as his Work in which his Malice and Jesuitical Principles prevailed so far that he was not content to out two Thirds of the Protestant Gentlemen of their Estates by the Act of Repeal by which all Estates acquired since 1641 were taken away and to attaint most of those that had old Estates by the Bill of Attainder But to make sure Work he put it out of the King's Power to pardon them therein betraying the King's Prerogative as the King himself told him when he discovered it to him Of which and of him we shall have occasion to give a further account hereafter 10. Into such Hands as we have been speaking of the Administration of Justice and of the Laws was put which were so far from preventing our Ruin that they were made the Means and Instruments thereof and it had been much better for us to have had no Laws at all and been left to our natural Defence than to be cheated into a necessity of Submission by Laws that were executed only to punish and not to defend us 11. It was common for some of those that served King James to come upon the Exchange and without any reason or provocation to fall upon Protestant Gentlemen if they looked a little more fashionable than other people and beat them One was thus beaten with a Cane severely before the Gentleman was aware he was advised for an Experiment to indict the Ruffian that used him thus to see what protection the Law would give us after they had taken away our Swords but the Grand Jury did not think it worth while to trouble the Courts with redressing the Grievances of Protestants and so would not find the Bill A Merchant in Thomas street Dublin found a Fellow that had broken into his Ware house and was conveying his Goods out at the Window to his Fellow Soldiers that stood in the Street to receive them he seised him and brought an Indictment against him for Felony but the Jury acquitted him and then he brought his Action against the Merchant for false Imprisonment and Slander and it cost a good Sum
at all at least without any given in their Warrants it was time enough to invent some against the next Assizes There never wanted Evidence enough to accuse a Man the very Priests being forward to encourage such Perjuries as were to the prejudice of Protestants Of this there are several Instances on Record in the Courts of Justice where we find them sometimes swearing Falshoods themselves and sometimes encouraging others to do it Of which the Courts even in spite of all their partiality were satisfied I gave one Example before in Sir William Petty's Case There is another of Mr. Balfours in the County of Fermanagh where the false Affidavit of one Hultaghan a Priest had almost destroyed his Cause and lost him a considerable Estate 2. Upon this account Perjuries became so common that if a Tenant owed his Protestant Landlord his Rent he payed him by swearing him into a Plot or by fixing on him some Treasonable or Seditious Words If a Papist had any former Quarrel with his Protestant Neigbor or owed him Money he paid him in the same Coin Many were indicted by these Contrivances many found guilty and excessively fin'd some were imprisoned for their Fines not being able to satisfie the King who seised both their Bodies and Estates Hardly any County in Ireland was free from numerous Indictments of this kind and very few Country Gentlemen escaped being accused Great numbers were indicted and found guilty in the Counties of Wexford and Wicklow to the number at least of sixty the most considerable Gentlemen in the County of Meath were indicted but had better luck the Perjury of their Accusers being made so manifest that even a Popish Bench had not the confidence to countenance it nor a Popish Jury to find it Thus Mr. Meredith Mr. Parry Mr. Chetwin a Minister and several others escaped having discovered the very bottom of a wicked Contrivance to carry on a Trade of Swearing against all the Gentlemen in the Country but though they discovered it yet they durst not prosecute it by reason of some Priests being concerned in it and of the Discountenance of the Courts a great many in the County of Tipperary were likewise brought into Trouble but escaped the first time by a kind of Miracle one of the Jurors was so maliciously bent against them that he swore he would die before he would acquit them It happened to him according to his own desire he fell dead in the place whilst they were disputing about returning the Verdict which saved the Gentlemen for that time Yet this did not discourage their Prosecutors they caused them to be indicted anew and upon their second Tryal Justin Macarty afterwards made Lord Mountcashell by King James came into the Court threatened and hectored Sir John Mead who then sate as Judge for the Duke of Ormond it being within his Graces Palatinate because he would not direct the Jury to find them guilty but Sir John stood his Ground and declared that there was no sufficient Evidence against them upon which they were acquitted It vexed them that they could not bring their Popish Judges and Sheriffs into that County as they did into the rest of Ireland by reason that the nomination of them was in his Grace as Lord of the Regalities and therefore in their pretended Parliament they not only Attainted him but likewise by a particular Act dissolved his Principality Their First Plot against the Gentlemen of the County having miscarried they began a second and got Depositions against several but they were as unlucky in this as in the first They laid the Scheme of their Affairs so unskilfully that the Witnesses swore that the Gentlemen met to carry on their Plot at Nenagh a place above sixty Miles from Dublin on the same day that some of them had been examined before the Council Board on the first Informations This appearing to the Council by an entry made in their own Books quashed the Design against them and saved them a third time It would make a Volume to enumerate all the Particulars of this Nature 3. The new Mayors and Justices of the Peace were no less troublesome to Protestants in their Employments they made no scruple to send their Tokens and Warrants for Persons of the best Quality And wherever a Papist and Protestant had any difference there needed no more but a complaint to procure a Committal and to be sure it was done with all the indignity and affronting Circumstances imaginable Sir Thomas Hackett whilst Lord Mayor of Dublin did so many brutish and barbarous things of this nature that it were endless to recount them taking example from the Lord Tyrconnel who made him Mayor he treated every body with Oaths Curses ill Names and barbarous Language The Lord Primate Boyles Family could not escape his Warrants he or his Clerk as he afterwards pretended sent one for Mr. Francis Cuff and Mr. Jephson who lived in my Lords Family being his Son in Law and Nephew their Crime was refusing to Contribute to the maintenance of two begging Fryars one of them was one Magee a Debauchee and Renegado who had the impudence to have demanded it from my Lord Primate if he had been permitted access The Fryars vexed that they should be repulsed procured a Warrant for the two Gentlemen that refused them and attempted the Execution of it in my Lord Primates House with a Rabble of near two hundred Sir Thomas was not content to Execute his Authority within his own Precincts but extended it where the Mayors Power was never owned He sent his Warrant and committed the Officers of Christs Church Dublin to the Stocks because he fancied they did not make the Bells ring merrily enough for the Birth of the Prince of Wales It was in vain for the Officers to tell him that their Church and Persons were not subject to his Jurisdiction that if the Bells did not ring merrily enough as he alledged it was the Ringers fault not theirs That no body besides his Lordship could observe any such thing in their Ringing His brutish Passion would not give him leave to hearken to Reason but upon all occasions he proceeded in the same method which made every body that valued his Liberty get out of his Power and prevailed with a great many to leave their Estates and Concerns and Transport themselves and what Effects they could carry with them into England It was unsafe and uneasie living both in the City and in the Country and he reckoned himself happy that could get out of them at any rate 4. But when the Descent was made by his present Majesty into England things grew yet more troublesome The Protestants were every where Robbed and Plundered The new Commissioned Officers and their Souldiers under the new name of Rapperies committed many Outrages and Devastations on their Protestant Neighbours insomuch that they could not be safe in their Houses If any endeavoured to keep their Houses though merely to secure themselves from the
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
Proclamation by which they set a Rate upon Commodities dated February 28. 1689. then the King declared he wanted certain Quantities of these Goods and that he would have them at the Proclamation Rates The Lord-Mayor first then the Commissioners of the Revenue and afterwards Sir Thomas Hackett and others were employ'd to search for them and seize them They first sent out Officers to take an Inventory of all they could find in the Hands of Protestants some few escaped by giving good Bribes The Searchers return'd an account of the following Quantities in Dublin viz. 61105 Stones of Wooll 7780 hundred Weight of Tallow 14687 Raw Hides 18771 Tan'd Hides what return was made from other places we could not learn but we find when they came to Seize that the following Parcels were actually taken up viz.  Wooll Stone Tallow C Raw Hides Tan'd Hides C q In Dublin 10948½ 4230 3237 900-2 In the rest of the Kingdom 121339 12619 19100 1832-2 Total 132287½ 16849 22337 2732-2 Computing 35 Stones to a Bag of Wooll 600 Weight to a Cask of Tallow and four Tan'd Hides to an hundred Weight which appears to be the Proportions in Dublin where both the Number and Weight is return'd Some Gentlemen had saved their Wooll of the Year 1688. and had placed it in Dublin and the Port-Towns designing to send it off as soon as the Seas were open and it was all they had to begin the World with their Estates being taken from them by Act of Parliament and their Stocks and Household Goods by Robbers but now this remainder of their Fortunes was taken from them by the King himself and when they press'd the Commissioners of the Revenue to know the reason why they were thus used it was answered them by Sir Patrick Trant that he would not give any reason to Such Rogues but at last when urged he told them It was because they were Protestants Some particularly Mr. Piercy the Merchant being ask'd by Sir Thomas Hacket whether he was willing to part with his Goods answered very calmly That he was not willing if he could help it His saying so was reckoned a High Crime and he was brought before Colonel Luttrell Governour of Dublin who put the same question to him and upon his making the same answer condemned him in his Passion to be Hanged for opposing the King's Will He sent up and down for the Provo's to execute the Sentence and Swore many Oaths that he would have it done immediately Mr. Piercy continued under this Sentence for two Hours during which time the Provo's could not be found though diligent Search was made for them at last the Governour wearied with waiting and not able to find any to execute his Sentence was by some Intercession made to him content to dismiss Mr. Piercy for that time Some Protestants offered to Transport their Goods themselves into France and bring back such things as the King needed but this was refused them and the design being to ruin them such Goods as came to them from France were seiz'd on and put into the hands of Papists to be disposed of by them and the right Owners not suffered so much as to oblige a Friend with a little Salt or a Rundlet of Brandy Thus Mr. Bell a Protestant Merchant was served with a Ship that came to him from France and without any Crime alledged against him that he might think no more of Trading he was confined in close Prison and no body allowed to speak to him As to the Goods thus taken up King James dispos'd of them to Mr. Labady and other Papists so that this appear'd to be a meer Contrivance to get the Goods out of the Protestants hands and enrich the Papists and not as was pretended to supply the King's Necessity 9. Some Protestants had laid out their Brass Mony in Corn and Malt of this Commodity Brewers Maltsters and Bakers had good Quantities and some private Persons laid in enough for themselves and Families and perhaps a little to spare Some likewise had Provisions of Bisket Barrelled Beef and Bacon not knowing how the Market might be furnish'd after such Destruction of Provisions There was a general Search made for all these and they were for the most part taken away or seized for the King's use it was Criminal to have Barrelled Beef or Bisket in a House and Alderman Giles Meigh was clap'd up in Prison for the Treason of having some hundred of Bisket The like happened to several others they alledging that such as had them designed them for Schonberg's Army we were at a loss what the meaning of taking away Corn from Protestant Farmers House-keepers and Bakers should be when there was no Scarcity in the Kingdom and the Markets if left open were sufficient to furnish all but Sir Robert Parker and some others blab'd it out in the Coffee-house That they designed to starve one half of the Protestants and hang the other and that it would never be well till this were done We were very sensible that they were in earnest by the event for no Protestant could get a bit of Bread and hardly a drop of Drink in the whole City Twenty or Thirty Soldiers stood constantly about every Bake-house and would not suffer a Protestant to come nigh them if they sent into the Country and by Interest and a great Price got a Barrel of Wheat from a Popish Farmer it was seiz'd as it came to Town and though there was Plenty of all things yet several Protestant Families could not get one Loa◠of Bread sometimes in a Week sometimes in a Fortnight there was a general Cry for Bread and the Protestants could find no way to come by it but by buying it from the Soldiers who sold their Two-penny Loaves for a Shilling or eighteen Pence it was confidently reported that the Popish Store-keepers design'd to get all the Corn in the Kingdom into the King's Stores and then to let the Protestants have none out but for Silver and Gold which they did in good measure effect and it is certain before Harvest they would have starved many and drained all 10. Some few Protestants had under shelter of a good natured Popish Landlord or Neighbour preserved a few Sheep as soon as these were Shorn the Commissioners immediately seiz'd the Wooll and it was resolv'd to seize their Corn likewise where they had any as soon as it was cut and made up They found it a hard matter to get Copper or Brass to serve the Mint there were on this account several Searches made in Town and first the Braziers Shops were pillaged and then the Citizens Kitchens of their Brass Pots Skellets Boylers and their Houses of other Brass Utensils even to the Knockers of Doors hardly one such was left in the whole City Under the pretence of this they ordered their Emissaries to take a private Inventory of whatever they saw in the Possession of Protestants of which they made their uses as they had occasion
came to be concluded not enduring to be present at the passing of that and some other Barbarous Acts against which they found their Votes signified nothing while they staid There were four more Protestants return'd of whose Behaviour I can give no account or how they came to be return'd The generality of the Houses consisted of the Sons and Descendents of the Forfeiting Persons in 1641. Men that had no Freeholds or Estates in the Kingdom but were purposely elected to make themselves Estates by taking them away from Protestants 15. Now whilst the power of making and repealing Laws was in such hands what Security could Protestants promise themselves from any Laws or what probability was there that any Laws already made in their Favour would be continued Especially if we consider further that this Parliament openly profess'd it self a Slave to the King's Will and he was look'd on as Factiously and Rebelliously inclin'd that would dare to move any thing after any Favorite in the House had affirm'd that it was contrary to the King's pleasure Several Bills were begun in the House of Commons one for erecting an Inns of Court another for repealing an Act commonly call'd Poinings Act which requires that all Acts should be perused by the King and Council of England before they be offered to be pass'd by the Parliament in Ireland but King James signified his Dissatisfaction to these Bills and for that reason they and several others were let fall tho the Irish had talk'd much and earnestly desir'd the Repeal of Poinings Act it being the greatest Sign and means of their Subjection to England There was a doubt made in the House concerning the Earl of Strafford whether he should be attainted for Estate and Life several moved in his behalf but it was carried against him upon this Evidence Colonel Simon Lutterell affirmed in the House That he had heard the King say some hard things of him The King's pleasure therefore was the Law to which we were to trust for our Lives and Fortunes our Enemies having entirely engross'd the power of making and repealing Laws and devolved it on the King's pleasure the very Protestant Lords and Bishops being denied their Priviledge of entering their Protestations against such Votes as they conceiv'd Destructive to the Kingdom The King told them That Protestations against Votes were only used in Rebellious times and with much ado they were allowed to enter their Dissent tho after that was allowed them the Clerk of the Parliament one Polewheele a Nephew of Chancellor Fitton 's shifted them off and did not enter their Dissent to some Votes tho often sollicited and press'd to do it according to the Orders of the House 16. When King James had labour'd as much as in him lay to get a Parliament that would repeal the Penal Laws and Test in England and open the Houses to Papists he found at last that the great Obstacle that rendered the Kingdom so averse to this was the general Fear and Apprehension that the Legislative Authority would be engross'd by them and turn'd against Protestants this was so obvious and reasonable a Surmise that he knew there was no hopes that the People would side with him against their present Majesties if something were not done to satisfie them and therefore to remove this fear he published his Proclamation dated Sept. 20. 1688. wherein he declares himself willing that Roman Catholicks should remain incapable to be Members of the House of Commons if the Protestants of England had reason to apprehend that Papists would engross the Legislative Authority in England and from the Example of Queen Mary's House of Commons to dread such Law givers how much more reason had the Protestants of Ireland to dread that power when entirely engrossed by their most inveterate Popish Enemies whose Interest as well as Religion oblig'd them to divest all those that profess'd the Reform'd Religion not only of the Favour but likewise of the Benefits of Law 17. They sate from the Seventh of May till the Twentieth of July following and in that short time entirely destroy'd the Settlement of Ireland and outed both the Protestant Clergy and Laity of their Freeholds and Inheritances It is not to be exspected I should give an account of all their Acts that which concerns this present Section is to shew how they destroy'd the Protestants real Estates 1. And that was first by an Act of Repeal whereby they took away the Acts of Settlement and Explanation by virtue of which as I have already shew'd two thirds of the Protestants of the Kingdom held their Estates that is all that which is call'd New Interest was lost by this Repeal there is no consideration had in it how any Man came to his Estate but tho he purchased it at ever so dear a rate he must lose it and it is to be restor'd without Exception to the Proprietor or his Descendent that had it before October 22. 1641. upon what account soever he lost it tho they themselves did not deny but many deserv'd to lose their Estates even Sir Phelim O Neal's Son the great Murtherer and Rebel was restor'd 2. In order to make a final Extirpation of Protestants they contrive and pass an Act of Attainder by which all Protestants whose Names they could find of all Ages Sexes and Degrees are attainted of High Treason and their Estates vested in the King the pretence of this Attainder was their being out of the Kingdom at the time of passing the Act as shall be shewn in the next Section 3. Least some should be forgotten of those that were absent and not put into the Bill of Attainder they contriv'd a general Clause in the Act of Repeal whereby the real Estates of all who Dwelt or staid in any place of the three Kingdoms which did not own King Jame's Power or corresponded with any such as they term Rebels or were any ways aiding abetting or assisting to them from the First day of August 1688. are declared to be forfeited and vested in his Majesty and that without any Office or Inquisition found thereof By which Clause almost every Protestant that could Write in the Kingdom had forfeited his Estate for the Packets went from London to Dublin and back again constantly from August to March 1688. and few had Friends in England or in the North but corresponded with them by Letters and every such Letter is made by this clause a Forfeiture of Estate They had intercepted and search'd every Packet that went or came the later part of this time and kept vast Heaps of Letters which were of no Consequence at all to the Government we wondered what the meaning of their doing so should be but by this Parliament we came to understand it for now these Letters were produced as Evidences in the House of Commons against those that appear'd in behalf of their absent Friends or oppos'd the attainting of such Protestants as they had some kindness for and they were
but by the legal course of Juries But King James and his Parliament intended to do the work of Protestants speedily and effectually and not to wait the slow methods of proceeding at the Common Law They resolv'd therefore on a Bill of Attainder and in order to it every Member of the House of Commons return'd the Names of such Protestant Gentlemen as liv'd near him or in the County or Burrough for which he serv'd and if he was a stranger to it he sent into the County or Place for information they were in great haste and many escaped them on the other hand some that were actually in King James's Service and fighting for him at Derry of which Cornet Edmund Keating Nephew to my Lord Chief Justice Keating was one were return'd as absent and attainted in the Act. When they had made a Collection of Names they cast them into several Forms and attainted them under several Qualifications and accordingly allow'd them time to come in and put themselves on Tryal the Qualifications and Numbers were as follow 1. Persons Attainted of Rebellion who had time given them till till the Tenth of August to surrender themselves and be tryed provided they were in the Kingdom and amenable to the Law at the time of making the Act otherwise were absolutely Attainted One Archbishop One Duke Fourteen Earls Seventeen Viscounts and one Viscountess Two Bishops Twelve Barons Twenty six Baronets Twenty two Knights Fifty six Clergymen Eleven hundred fifty three Esquires Gentlemen c. 2. Persons who were absentees before the Fifth of Novem. 1688 not returning according to the Proclamation of the Twenty fifth of March attainted if they do not appear by the First of September 1689. One Lord. Seven Knights Eight Clergymen Sixty five Esquires Gentlemen c. 3. Persons who were Absentees before the Fifth of November 1688. not returning according to the Proclamation of the Twenty fifth of March attainted if they do not appear by the First day of October 1689. One Archbishop One Earl One Viscount Five Bishops Seven Baronets Eight Knights Nineteen Clergymen Four hunder'd thirteen Esquires Gentlemen c. 4. Persons usually resident in England who are to signifie their Loyalty in case the King goes there the First of October 1689. and on His Majesties Certificate to the Chief Governour here they to be discharged otherwise to stand attainted One Earl Fifteen Viscounts and Lords Fourteen Knights Four hunder'd ninety two Esquires Gentlemen c. 5. Absentees by reason of sickness and noneage on proving their Loyalty before the last day of the first Term after their return to be acquitted and restor'd in the mean time their Estates Real and Personal are vested in His Majesty One Earl Seven Countesses One Viscountess Thirteen Ladies One Baronet Fifty nine Gentlemen and Gentlewomen 6. They vest all Lands c. belonging to Minors Ladies Gentlewomen in the King till they return and then upon Proof of their Loyalty and Faithfulness to King James they are allow'd to sue for their Estates before the Commissioners for executing the Acts of Repeal and Attainder if sitting or in the High Court of Chancery or Court of Exchequer and upon a Decree obtain'd for them there the Sheriffs are to put them in possession of so much as by the Decree of one of those Courts shall be adjudged them The Clauses in the Act are so many and so considerable that it never having been printed intire I thought it convenient to put it into the Appendix Perhaps it was never equall'd in any Nation since the time of the Proscription in Rome and not then neither for here is more than half as many Condemned in the small Kingdom of Ireland as was at that time proscribed in the greatest part of the then known World yet that was esteemed an unparallel'd Cruelty When Sir Richard Nagle Speaker of the House of Commons presented the Bill to King James for his Royal Assent he told him that many were attainted in that Act by the House of Commons upon such Evidence as fully satisfied the House the rest of them were attainted he said upon common Fame A Speech so very brutish that I can hardly perswade my self that I shall gain credit to the Relation but it is certainly true the Houses of Lords and Commons of their pretended Parliament are Witnesses of it and let the World judge what security Protestants could have of their Lives when so considerable a Lawyer as Sir Richard Nagle declares in so solemn an occasion and King James with his Parliament approves that common Fame is a sufficient Evidence to deprive without hearing so many of the Gentry Nobility and Clergy of their Lives and Fortunes without possibility of pardon and not not only cut off them but their Children and Posterity likewise By a particular Clause from advantages of which the former Laws of the Kingdom would not have deprived them though their Fathers had been found guilty of the worst of Treasons in particular Tryals 7. I shall only add a few Observations on this Act and leave the Reader to make others as he shall find occasion 1. Then this Act leaves no room for the King to pardon after the last day of November 1689. if the Pardon be not Enroll'd before that time the Act declares it absolutely void and null 2. The Act was conceal'd and no Protestant for any Money permitted to see it much less take a Copy of it till the time limited for Pardons was past at least Four Months So that the State of the Persons here attainted is desperate and irrecoverable except an Irish Popish Parliament will relieve them for King James took care to put it out of the power of any English Parliament as well as out of his own Power to help them by consenting to another Act of this pretended Parliament Intituled An Act declaring that the Parliaments of England cannot bind Ireland and against Writs of Errors and Repeals out of Ireland into England 3. It is observable with what hast and confusion this Act was drawn up and past perhaps no man ever heard of such a crude imperfect thing so ill digested and compos'd past on the World for a Law We find the same Person brought in under different Qualifications in one Place he is expresly allow'd till the First of October to come and submit to Tryalâ— and yet in another Place he is attainted if he do not come in by the First of September many are attainted by wrong Names many have their Christian Names left out and many whose Names and Sirnames are both put in are not distinguished by any Character whereby they may be known from others of the same Names 4. Many considerable Persons are left out which certainly had been put in if they could have gotten their Names which is a further proof of their hast and confusion in passing the Bill It is observable the Provost Fellowâ— and Scholars of the Colledge by Dublin are all omitted the Reason 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
assistance rather more than on the Roman Catholicks now they knew very well that Murther is so hateful a thing that if they once fell a Massacring it would shock many of their Friends in England and Scotland from whom they expected great matters and therefore they thought it their interest to be as tender of Lives as they could and even the Priests when they encouraged them to Rob their Protestant Neighbours charg'd them not to kill them assuring them that every thing else would be forgiven them 3. The Protestants were extreamly cautious not to give the least offence they walked so warily and prudently that it was hardly possible to find any occasion against them and they were so true to one another and conversed so little with any of King James's Party that it was as difficult to fix any thing on them or to get any Information against them though several designs were laid against them and several false Witnesses produc'd as has been shewn yet their Stories still destroyed themselves by their Improbabilities inconsistency and the notorious infamy of the Witnesses 4. We had no experiment of what would have been done with the attainted Absentees for none of them run the hazard of a Tryal but we are sure no good could have been done them for they could neither have been pardoned for Estate nor Life and the best they could have expected was to have been sent to some other Kingdom as Sir Thomas Southwell was sent to Scotland for there could have been no living for them in Ireland 5. When any Protestant found himself obnoxious to the Government or but fancyed they had any thing to object against him he got out of the Kingdom or made his escape to the North as well as he could and in the mean time absconded many escaped hanging by these means which otherwise in all probability had been executed Lastly It was so much the Interest of King James in his Circumstances to have been kind to the Protestanâ—s of Ireland that we might rather have expected to have been courted than ill used by him the whole support and maintenance of his Army in Ireland depended on them they clothed fed armed and quartered them which they could not avoid doing with any safety to themselves or indeed possibility of living and the Officers of the Army were so sensible of this that when it was propos'd to turn all the Protestants out of the City of Dublin one of them answered that whenever they were turned out the Army must go with them for they could not be furnished with what they wanted by others And as it was King James's Interest to use them well upon the account of their being necessary to him in Ireland so his Affairs in England and Scotland did more particularly require it and he was forced to employ his Emissaries there to give it out that he did so Sir Daniel Mac Daniel who came out of the Isles of Scotland to Dublin in Winter 1689. and several Gentlemen of the Highlands with him declared that their Ministers in the Pulpit had assured them that the Protestants in Ireland lived under King James in the greatest freedom quiet and security both as to their Properties and Religion and that if their Countrymen knew the truth of the matter as they then found it here they would never fight one stroak for him and they seemed to stand amazed at what they saw and could hardly believe their own Eyes It is certain that King James had the like Instruments in England as I have noted before who forced down the World in Coffee-Houses and publick places that the Protestants in Ireland lived easie and happy under his Government however this shews how much it was really his Interest to have given his Protestant Subjects here no just cause of complaint and that it must proceed from a strange eagerness to destroy them that King James and his Party ventured in their Circumstances to go so far in it as they did their own imminent danger disswaded them from severity and their Interest manifestly obliged them to mildness and if notwithstanding these they condemned near Three thousand of the most Eminent Gentlemen Citizens Clergymen and Nobility of the Kingdom to death and loss of Estates we may easily guess what they would have done when their fear and interest were removed and they left to the swing of their own natural Inclinations and the tendency of their Principles Whosoever considers all Circumstances will conclude that no less was designed by them than the execution of the third Chapter of the Lateran Council the utter extirpation of the Hereticks of these Kingdoms SECT XIV Ninthly Shewing King James's Methods for destroying the Protestant Religion 1. THE design against the Lives and Fortunes of the Protestants is so apparent from the execution thereof especially by the Acts of the late pretended Parliament that they themselves can hardly deny it nay some were apt to glory in it and to let us know that it was not a late design taken up since the revolt of England as they call it from King James they thought fit to settle on the Duke of Tirconnel above 20 m. Pounds per Annum in value out of the Estates of some Protestant Gentlemen attainted by them as aforesaid in consideration of his signal Service of Twenty Years which he spent in contriving this Work and bringing it to pass as one of their most eminent Members exprest it in his Speech in Parliament and the particular Act which vests this Estate in him shews 2. But it may be thought that King James was more tender in the matter of Religion and that he who gloried so much in his resolution to settle Liberty of Conscience wherever he had Power as he told his pretended Parliament and set forth almost in every Proclamation would never have made any open Invasion on the Consciences of his Protestant Subjects But they found by experience that a Papist whatever he professes is but an ill Guardian of Liberty of Conscience and that the same Religion that obliged the King of Spain to set up an Inquisition could not long endure the King of England to maintain Liberty If indeed King James had prevailed with Italy or Spain to have tolerated the open exercise of the Protestant Religion it had been I believe a convincing Argument to England to have granted Roman Catholicks Liberty in these Dominions but whilst the Inquisition is kept up to the height in those Countries and worse than an Inquisition in France against the publick Edicts and Laws of the Kingdom and against the solemn Oath and Faith of the King it is too gross to go about to perswade us that we might expect a free exercise of our Religion any other way than the Protestants enjoy it in France that is under the Discipline of Dragoons after the Papists had gotten the Arms the Offices the Estates and Courts of Judicature into their Hands 3. The Protestant Religion and
and Corn belong'd to Protestants by these and other such Contrivances from the year 1686. till King James's Power was put to an end by the Victory at the Boyn hardly any Protestant enjoy'd any Tythes in the Country all which was represented to the Government but to no purpose 7. In Corporate Towns and Cities there was a peculiar Provision made for Ministers by Act of Parliament in King Charles the Second's time by which Act the Houses in those Places were to be valued by Commissioners at a moderate value and the Lord Lieutenant or chief Governour for the time being did assign a certain Proportion for the Ministers maintenance not greater than the Twentieth part of the yearly value return'd by the Commissioners That therefore the City Protestant Clergy might not be in a better condition than those in the Country an Act was past in their pretended Parliament to take away this altogether the Clergy of Dublin desir'd to be heard concerning this Act at the Bar of the House of Lords before it past and their Council were admitted to speak to it who shew'd the unreasonableness and unjustice of it so evidently and insisted so boldly on King James's Promise to the Protestant Clergy at his first arrival in this Kingdom when he gave them the greatest assurances of maintaining them in their Rights and Priviledges and further bid them if aggriev'd in any thing to make their Complaints immediately to him and engaged to see them redrest that he seemed to be satisfied and the House of Lords with him yet the design to ruin them was so fixt that without offering any thing by way of Answer to the Reasons urged against it the Act past and thereby left the Clergy of the Cities and Corporate Towns without any pretence to a maintenance except they could get it from the voluntary Contributions of their People nay so malicious were they against the Protestant Clergy that they cut off the Arrears due to them as well as the growing Rent having left no means to recover them as appear'd upon Tryal at the Council-board afterward when some of the Clergy petitioned for relief therein 8. Upon the Plantation of Ulster 1625. there was a Table of Tythes agreed on by the King and Council and the Planters to whom the Grants were made by the King obliged to pay Tythes according to that Table the pretended Parliament took away this Table also for no other Reason that we could learn but because most of the Inhabitants of Ulster were Protestants and consequently the Protestant Clergy would pretend to them 9. The Livings of Ireland were valued by Commissions in Henry the Eight and Queen Elizabeths time and paid First Fruits and Twentieth Parts according to that valuation other Livings were held in Farm from the Crown and paid yearly a considerable reserved Rent commonly call'd Crown Rents others appertain'd to the Lord Lieutenant and other Officers of State and paid a certain rate of Corn for their use commonly call'd Port Corn. Now all these Payments were exacted from the Protestant Clergy notwithstanding the greatest part of their Tythes were taken from them The remaining part where any remained was seiz'd in many Places by the Commissioners of the Revenue and a Custodiam granted of it for the King's use for the payment of the Duties which accru'd out of the whole and not one Farthing allow'd for the Incumbent or the Curate nay in some Places they seiz'd the Incumbents Person and laid him in Jail till he paid these Duties though at the same time they had seiz'd his Livings and found that they were not sufficient to answer what they exacted and because the Clerk of the First Fruits Leiutenant Colonel Roger Moore being a Protestant himself would not be severe with the Clergy and seize their Livings and Persons to force them to pay what he knew they were not in a capacity to do they found pretence to seize his Person and sent him with Three Files of Musquetiers Prisoner to the Castle of Dublin where he and two Gentlemen more lay in a cold nasty Garret for some Months By these Contrivances the few Benefices yet in the hands of the Protestants instead of a support became a burthen to them and they were forced to cast themselves for a maintenance on the kindness of their People who were themselves undone and beggar'd SECT XVII 3. King James took away the Jurisdiction of the Church from Protestants 1. IT is impossible any society should subsist without a power of rewarding and punishing its Members now Christ left no other power to his Church but what is purely Spiritual nor can the Governours of the Church any other way punish their Refractory Subjects but by refusing them the Benefits of their society the Administration of the Word and Sacraments and the other Spiritual Offices annexed by Christ to the Ministerial Function But Kings and Estates have become Nursing Fathers to the Church and lent their Temporal power to second her Spiritual Censures The Jurisdiction therefore of the Clergy so far as it has any Temporal effect on the Bodies or Estates of Men is intirely derived from the Favour of States and Princes and acknowledged to be so in the Oath of Supremacy However this is now become a right of the Clergy by ancient Laws through all Christendom and to take it away after so long continuance must needs be a great blow to Religion and of worse Consequence than if the Church had never possessed it yet this was actually done by King James to the Protestant Clergy and is a plain sign that he intended to destroy their Religion when he depriv'd them of their support 2. For first he past an Act of Parliament whereby he exempted all that dissented from our Chruch from the Jurisdiction thereof and a Man needed no more to free him from all punishment for his Misdemeanors though only cognizable and punishable in the Ecclesiastical Courts than to profess himself a Dissenter or that it was against his Conscience to submit to the Jurisdiction of our Church nay at the first the Act was so drawn and past the House of Commons that no Protestant Bishop could pretend to any Jurisdiction even over his own Clergy but that and several other passages in the Commons Bills were so little pleasing to some who understood the King's Interest that Sir Edward Herbert was employed by King James to amend the Act for the House of Lords which he did in the form it is now in nothing of the Commons Bill being left in it but the word Whereas tho after all it effectually destroyed the Jurisdiction of the Church 3. But second in most places there was no Protestant Bishop left and consequently the Popish Bishop was to succeed to the Jurisdiction they being by another Act invested in Bishopricks as soon as they could procure King Jame's Certificate under his privy Signet that they were Archbishops or Bishops all incapacities by reason of their religion by any Statute
Reformed Churches and many Roman Catholicks declar'd that they would rather have had us profess no Religion at all than the Protestant In short whether it was from the loosness of the Principles of their Religion or from a design to gain on Protestants Impiety Prophaness and Libertinism were highly encouraged and favoured and it was observable that very few came with King James into Ireland that were remarkable for any strictness or severity of Life but rather on the other hand they were generally signal for their viciousness and looseness of their Morals Sir Thomas Hacket confess'd that in the whole year 1688. wherein he was Mayor of Dublin there was not one Protestant brought before him for Theâ—â— and hardly one for any other immorality whereas he was crouded with Popish Criminals of all sorts The Perjuries in the Courts the Robberies in the Country the lewd Practices in the Stews the Oaths Blasphemies and Curses in the Armies and Streets the drinking of Confusions and Damnations in the Taverns were all of them generally the acts of Papists or of those who own'd themselves ready to become such if that Party continued uppermost But more peculiarly they were remarkable for their Swearing and Blaspheming and Prophanation of the Lord's Day if they had any signal Ball or Entertainment to make any Journey or weighty Business to begin they commonly chose that day for it and lookt on it as a kind of conquest over a Protestant and a step to his Conversion if they could engage him to prophane it with them This universal viciousness made Discipline impossible and whatever Protestants were infected with it were intirely lost to the Church and their Religion for the stress of Salvation according to the Principles of the Reformed Religion depends on Virtue and Holiness of Life without which neither sorrow for Sin nor Devotion will do a Man any Service whereas he that hears Mass daily in the Roman Church kneels often before a Crucifix and believes firmly that the Roman Church is the Catholick and that all out of her Communion are damned makes not the least doubt of Salvation though he be guilty of habitual Swearing Drunkenness and many other Vices and the observation of this Indulgence gained them most of those Proselites that went over to them of the Lewd Women and Corrupted Gentry and many amongst themselves had so great a sense of this advantage that it made them very favourable to debauchery and openly profess that they had a much better opinion of the lewdest Persons that dyed in their own Communion than of the strictest and most devout Protestant and they would often laugh at our scrupling a Sin and our constancy at Prayers since as they would assure us with many Oaths we must only be damned the deeper for our diligence and they could not endure to find us go about to punish Vice in our own Members since said they it is to no purpose to trouble your selves about Vice or Virtue that are out of the Church and will all be damned SECT XVIII 4. King James and his Party in order to destroy the Protestant Religion took away the Protestants Churches and hindred their Religious Assemblies 1. TOwards the beginning of these Troubles the Papists boasted much of their kindness to the Protestant Clergy in leaving them their Churches They thought us very unreasonable to complain of our being robb'd or plunder'd or of the loss of our Estates whilst our Churches were left us and they would not own that they had done any injury to our Ministers whilst they had not turn'd them out of those This was urged upon all Occasions as an unanswerable Argument that King James intended in earnest to preserve inviolably that Liberty of Conscience he had promis'd but this was as all their other Promises a meer pretence the Priests told us from the beginning that they would have our Churches and that they would have Mass in Christ Church the chief Cathedral in Dublin in a very little time we knew well enough that this was intended whatever King James and his Ministers averr'd to the contrary for the same Act of Parliament that they had past to make their Priests and Bishops capable of Preferments and Benefices did also give them a Legal Title to the Churches belonging to those Preferments as they who drew the Act very well knew in the mean time their Affairs were not in such a forward Posture as to encourage them to seize on those Churches to which they could pretend no right tho some had been seized before the Act passed 2. But immediately upon the passing of the Act Duke Schonberg's landing alarm'd them and they were in so great fear of him that they rather thought of running into Munster or leaving the Kingdom than of possessing Churches And therefore they contented themselves with their former Methods for some time which was to let the Rabble break into them and deface them with barbarous and contumelious Circumstances breaking the Windows pulling up the Seats and throwing down the Pulpit Communion-Table and Rails and stealing what was portable out of them An instance of this sort and a remarkable Accident upon it of undoubted credit I have put in the Appendix In some Churches in the Diocess of Dublin they hung up a black Sheep in the Pulpit and put some part of the Bible before it In some places the Creaghs a sort of wild Irish that chose to fly out of the North at Duke Schonberg's landing rather than stay to give an account of the Robberies and Insolencies that they had committed there turn'd the Protestants Churches into lodging places defacing and burning whatever was combustible in them 3. And in Dublin the Government ordered the Churches several times to be seiz'd First the Earl of Tyrconnel fill'd them with Soldiers February 24. 1688. in order to receive the Arms of Protestants and they were kept some for a longer some for a shorter time upon this pretence Then they ordered them to be seiz'd anew September 6. 1689. pretending that the Protestants had hid their Arms in them and I doubt not but that they had Affidavits as they pretended to this purpose sufficient to induce them to search but not to justifie their committing such rudeness and barbarity as they did in them for the Soldiers not only broke open the Monuments and Graves but likewise the Coffins of the dead and tumbled out the dead Bodies and so left them expos'd till they were pleased to let the Protestants come into the Churcheâ— again to bury them though after all they found no Arms nor indeed were there any hid Thus far they proceeded whilst their fear was upon them resolving since they could not hopo to enjoy them themselves that they would make them as useless as they could to Protestants But when they found that Duke Schonberg stopt at Dundalk and they understood the State of his Army the Priests took Courage and in the Months of October and November they
again into our communion at his death and that with such remarkable circumstances of repentance and sorrow that King James heard of it and blam'd his Physician Dr. Constable for his neglect in not giving notice to the Priest 7. They endeavoured to bring the Ministers of Dublin under all the Contempt they could and at last put on them the drudgery that belonged to the Office of Constables and Deputy Aldermen it belonged to those Officers on all occasions to return the names of the several Inhabitants and Inmates of their Wards the Government desired to know the names of Protestants in each Parish and their numbers and they took them several times but Colonel Lutterel the Governour of Dublin would not be satisfied till the Ministers went about in Person and returned every Man his respective Parishioners names it was in vain for them to plead the unreasonableness of this imposition they aleadged the pains the charges and the meanness of the thing which was done more effectually already than could be done by them by the proper Officers but all in vain they must comply or go to Jail This return made by the Ministers was of no real use to the Government for they had an exact account given about a Fortnight before by their own Officers and took another about a Week after the design therefore was either to lay a Snare for the Ministers or else to render them contemptible to their People but instead of doing that it only incensed the People against their unreasonable Governours who thus affronted their Clergy SECT XX. 6. King James and his Party endeavoured to destroy the Protestant Religion by misrepresenting the Persons and Principles of Protestants 1. THe violences used to out us of our Churches and to discourage our Clergy had no great success in making Converts but there was another way set on foot which did seduce some and it was by making a Monster of the Protestant Religion and Protestants insomuch that young People who liv'd remote from Conversation and had not opportunity to inform themselves of the Truth conceiv'd strange Ideas of both by the insinuation of the Priests 2. It was one of the first steps of the Reformation to renounce the usurped power of the Pope and to restore to the Crown the Ecclesiastical Jurisdiction which originally belongs to the Civil Magistrate that is the power of punishing Offenders with the Temporal Sword whatever their Crime be whether Ecclesiastical or Civil Now the Priests represented this Doctrine after a strange manner they perswaded those that would lend them their attention that the Protestants believed all Spiritual power to be in the King that he could Consecrate whom he pleas'd Bishops set up what Religion he had a mind to and oblige all his Subjects to be of his Faith and they railed most grievously at the Protestants for not turning Papists in complyance to their King calling them Traitors and perjur'd Persons from their own Principles 3. 'T was another Principle amongst Protestants that private Men should not take up the Sword or resist the King upon any pretence such resistance being against Law by which no more was understood than that Subjects should according to the Laws and Gospel behave themselves peaceably and submissively towards their Superiors and not upon any pretence of private injury or wrong done to them in particular enter into Conspiracie and Combinations against their Governours but by it was never intended to give up the Constitution of the Government or to part with the Liberties and Priviledges of the Kingdom yet the Priests would needs perswade the World that by this Principle the Protestants were obliged to part with all at the King's command that he might use them if he pleased as the Grand Signior or the French King use their Subjects and their Lives their Liberties and Estates were all at his Mercy and they Devils and Traitors and Perjur'd Villains I use their words if they demur'd at his Command There was hardly any Principle peculiar to the reform'd Religion but they thus misrepresented it 4. Nor did the persons of Protestants escape better than their Principles They loaded them with the most odious Calumnies and Misrepresentations they aleadged that the Protestants had no Religion at all that they only pretended to it but were Atheists and Traitors in their Hearts they were more especially malicious against the Clergy King James himself contributing to it as appear'd on this occasion two young Gentlemen Brothers to the Earl of Salisbury followed King James out of France they profest themselves Protestants and associated with such the Bishops of Meath and Limerick had an Eye on the Gentlemen and endeavoured to secure them against any attempts which might be made to pervert them but King James called the young Men to him forbad them the company of Protestants nay even of one Mr. C ham a Gentleman that came over with them but above all he forbad them conversing with the Bishops and Clergy-men for said he they are all false to me and will pervert you to disloyalty and Treason this was the common saying of them all even of the Chancellour on the Bench and tho they would on occasion magnifie the loyalty of some of the Protestant Clergy in England and Scotland yet at other times they would profess that they believed them all treacherous and would never trust any of them 5. In order to abuse the Protestants and especially the Clergy they set up one Yalden a Convert Councellor at Law to write a weekly Paper which he called an Abhorrence in which he endeavoured to rake together all the little Stories that might reflect on Protestants and all the arguments his Wit could furnish him with for his Cause he made it his business to invent false stories and lies concerning the Clergy and began with Dr. King and Dr. Foy He had published a Collection of passages out of the Bishop of Ely's Sermon and some Sixteen others for Passive Obedience whether this was his own work or only as I have been informed a Peice compos'd by some others which he assumed to himself I cannot say but it met with very slender reception in Ireland and lay on the Booksellers hand To vent it therefore as some thought or rather to abuse the Clergy he published an Advertisement in his Abhorrence declaring that Dr. King and Dr. Foy had approv'd this Book by their Certificate under their hand by this he thought to intrap them for either they as he imagined must have let this pass and then the Protestants must think them if not ill at least very imprudent Men or else they must disown it and then he knew how to improve their refuting his calumny so as to render them odious to the Government and the Papists did a little please themselves with the contrivance But Dr. Foy and Dr. King found means without concerning themselves much in the matter to let all Dublin know that they never read Mr. Yalden's
of them 9. Secondly It was not safe for any Officer that was not forcibly turn'd out to refuse to act if he had either voluntarily resign'd his Place or refused to officiate in it he must have expected to be treated with more severe usage than other People as one peculiarly disaffected Some therefore were forc'd to keep even in the Army in their own defence but these were so few that there need not much be said for them I do not remember above three that had Commissions in the Army who were desirous to leave it and those were kept in only for a pretence of Impartiality and for such as acted as Justices of Peace they were often serviceable to Protestants in freeing them from Oppressions and Injuries Those few Protestants that took Commissions of Oyer and Terminer did it on a Publick Account and always acted for the Benefit of Protestants 3. Protestants by keeping in Employments though never so insignificant found means and opportunities of serving their distressed and oppressed Friends and they seldom fail'd to improve these means to the best advantage the poor People that stay'd in Ireland were sensible of this and often wisht that more had stay'd on this account and truely if they had by the advantage of their Address and Understanding above the Papists who generally were ignorant of business they might probably have done much good and have gained farther time for the poor People from their destruction 10. However I do not intend to justifie all that was done by Protestant Officers if any of them advanced abetted or concurr'd in an ill thing let them suffer for it but I humbly conceive the Protestants of Ireland that staid here and saw and observed every Man's behaviour and were the only sufferers by the ill management of any Officer whatever his Station was may be safely trusted to give a Character of each I own that it is not reasonable that a Certificate under a few hands should be accepted as a Vindication of any Man for an Officer might have serv'd and oblig'd a few who cannot in gratitude refuse to certifie for him and yet have done mischief enough to others but on the other hand is it reasonable that secret whispers or surmises especially of such as were absent and strangers to their behaviour should undo or misrepresent any Man and therefore I think if any dispute should arise concerning such Matters a fair and legal hearing in publick were the most equal way and is all the favour that generally any Protestant Gentleman who staid and officiated under King James needs desire They are so few that this would not be any great trouble and their Honesty and Prudence generally so notorious that it would not be any blemish to them nor were they guilty of any servile or mean Compliances or paid any other deference than what was due to a Government under whose Power God's Providence had placed them and which by unseasonable opposition they would only have exasperated to their own destruction 11. Fourthly As to the Clergy that staid it were an injustice to them to make any Apology for them they staid in pure sense and conscience of their Duty and minded it so effectually that their Labours were acceptable and useful to their People in many respects and I doubt not but will be approv'd by all good Men they foresaw what use Papists would make of empty Churches and deserted Congregations and that the Priests would not be wanting to perswade the People that they were no true Pastors that deserted them in time of danger they were acquainted with the Artifices us'd to draw Protestants from their Religion and that the present juncture would afford new Temptations which the Seducers would not fail to press with all possible advantage it required therefore all their Skill and Industry to arm their People against these Instruments of Seduction and keep them steady to their Principles under such mighty Temptations and we owe it to the Prudence Industry and Courage of the Clergy that remain'd next to God's goodness that so few were prevail'd with to change their Religion notwithstanding that they saw they must be ruined if they stood firm whereas if they comply'd they would not be only safe but sharers likewise in the Booty 'T is true many of them suffered by their staying and lay under great difficulties but it pleas'd God to support and deliver them and if they had perished it had been with this comfort that it was in their Office and in their Masters Work The Conclusion 1. AND here I do solemnly protest that no private disatisfaction that no ill will to King James's Person nor prejudice against any Body has moved me to say what I have said but that I might vindicate our selves by speaking truth in a matter that so nearly concern'd us both in our Temporal and Eternal Interest And I must likewise protest before God who will judge between us and our Enemies in this Point that I have not aggravated the Calamities we have suffered nor misrepresented the Proceedings against us out of favour or affection to a Party but have rather told things nakedly and in general than insisted on such Particulars as might seem to serve no other purpose but to make our Adversaries odious 2. It were much to be wished and in due time it is hoped that Commissions may be issued by the proper Authority into the several Counties to enquire of the treatment the Protestants underwent and the damages they suffered and I am well assured that if this be done and an Account be taken on Oath from the Eye Witnesses and Sufferers the matter will appear with a much worse Face than it is here represented and where one Story may happen undesignedly to be aggravated twenty worse will be to be added to supply it There is not a more necessary or effectual Means can be taken for clearing the Protestants in this Kingdom or justifying the State in their proceeding against the Irish and we are ready and willing to stand or fall in the Censure of the World by this Plea according as on proof of Particulars by sufficient Evidence the Truth shall appear 3. Upon the whole the Irish may justly blame themselves and their Idol the Earl of Tirconnel as King James may them both for whatever they have or shall suffer in the issue of this Matter since it is apparent that the necessity was brought about by them that either they or we must be ruin'd King James if the Earl of Tirconnel may be believed chang'd his Religion on His Sollicitations for he often brag'd that he was the King's Converter He preferr'd the gratifying this Favourites Ambition to the affections of his Protestant Subjects in England and Ireland He left England and came into Ireland on his invitation and he brought ruin and desolation on the Kingdom especially on his Protestant Subjects in prosecution of the measures laid down by him yet so far was he in love with
first sitting of the said Commissioners and procure the Adjucation of them or any three or more of them thereupon within One hundred and twenty Days after the said first sitting of the said Commissioners And whereas by one or more Office or Offices in the Time of the Earl of Strafford's Government in this Kingdom in the Reign of King Charles the First of ever blessed Memory All or a great part of the Lands Tenements and Hereditaments in the Province of Conaught and Counties of Clare Limerick and Tipperary were vested in his Majesty And by the Acts of Settlement and Explanation the said Office and Offices are declared to be Null and Void since which time the said Acts have been by the said Act of Repeal repealed and thereby some Prejudice might arise or accrue to the Proprietors concerned in them Lands if not prevented Be it therefore Enacted by the Authority aforesaid That the said Office and Offices and every of them commonly called the Grand Office and the Title thereby found or endeavoured to be made out or set up from the time of the finding or taking thereof was and is hereby declared to be Null and Void to all Intents and Purposes whatsoever Provided that nothing therein contained shall any way extend or be construed to extend to charge any Person or Persons who hath bona Fide paid any Rents or Arrears of Rent that have been due and payable out of any Lands hereby vested in your Majesty or to charge any Steward or Receiver that received any such Rents or Arrears of Rents if he bona Fide paid the same but that he and they shall be hereby discharged for so much as he or they so bona Fide paid against your Majesty your Heirs and Successors Provided always and it is hereby Enacted That every Person not being a forfeiting Person within the true intent and meaning of the said former Act or of this present Act and who before the seventh Day of May One thousand six hundred eighty nine had any Statute Staple or Recognizance for paiment of Money or any Mortgage Rent-Charge Portion Trust or other Incumbrance either in Law or Equity or any Judgment before the Two and twentieth Day of May One thousand six hundred eighty nine for paiment of Money which might charge any of the Estates Lands Tenements or Hereditaments so as aforesaid forfeited unto and vested in your Majesty shall and may have the benefit of the said Statutes Staples Judgments Recognizances Mortgages Rent-Charge Portions Trust and other Incumbrances out of the Estate or Estates which should be liable thereunto in case the said former Act or this present Act had never been made Provided always that the Person and Persons who had such Statutes Staples Judgments Recognizances or other Trusts or Incumberances do claim the same before the Commissioners for the Execution of the said former Act within two months after the first sitting of the said Commissioners and procure their Adjucation thereof within such reasonable Time as the said Commissioners shall appoint for determining the same And to the end that such Person and Persons as shall have any of the said Lands Tenements or Hereditaments granted unto him as aforesaid may know the clear Value of the said Lands Tenements and Hereditaments so to be granted unto him above all Incumbrances and may injoy the same against all Statute-Staples Judgments Recognizances Mortgages Rent-Charges and other Incumbrances not claimed-and adjudged as aforesaid Be it therefore further enacted by the Authority aforesaid That all such Lands Tenements and Hereditaments as shall be forfeited unto and vested in your Majesty and granted by Letters Pattents pursuant to the said former Act or this present Act shall be and are hereby freed acquitted and discharged of and from all Estates Charges and Incumbrances whatsoever other than what shall be claimed and adjudged as aforesaid And whereas by one private Act of Parliament intituled An Act for securing of several Lands Tenements and Hereditaments to George Duke of Albemarle which Act was pass'd in the Reign of King Charles the Second some Lands Tenements and Hereditaments in this Kingdom which on the two and twentieth Day of October one thousand six hundred forty one belonged to some ancient Proprietor or Proprietors who were dispossessed thereof by the late usurped Powers were secured and assured unto the said George Duke of Albemarle by means whereof the ancient Proprietors of the said Lands may be barred and deprived of their ancient Estates unless the said Act be repealed though such ancient Proprietor or Proprietors be as justly intituled to Restitution as other ancient Proprietors who were dispossessed by the said Usurper and barred by the late Acts of Settlement and Explanation Be it therefore enacted That the said Act for securing of several Lands Tenements and Hereditaments to George Duke of Albemarle be and is hereby repealed to all Intents and Purposes whatsoever And that the Proprietors of the said Lands and their Heirs and Assignes be restored to their said ancient Estates in the same manner with the said other ancient Proprietors their Heirs and Assignes And whereas several ancient Proprietors whose Estates were seized and vested in Persons deriving a Title under the said Acts of Settlement or Explanation have in some time after the passing of the said Acts purchased their own ancient Estates or part thereof from the Persons who held the same under the said Acts as aforesaid which old Proprietors would now be restored to their said ancient Estates if they had not purchased the same And for as much as the said ancient Proprietors or their Heirs should receive no Benefit of the said Act of Repeal should they not be reprized for the Money paid by them for their said ancient Estates Be it therefore enacted by the Authority aforesaid That all and every the ancient Proprietor or Proprietors or their Heirs who have laid out any Sum or Sums of Money for the Purchase of their own ancient Estates or any part thereof as aforesaid shall receive out of the common Stock of Reprizals a sufficient Recompence and Satisfaction for the Money laid out or paid by him or them for the Purchase of their said ancient Estate at the Rate of ten Years Purchase any Clause Act or Statute to the contrary in any wise notwithstanding And for the Prevention of all unnecessary Delays and unjust Charges which can or may happen to the Subjects of this Realm before their full and final Settlement Be it further enacted by the Authority aforesaid That where the Commissioners for Execution of the said Act of Repeal or any three or more of them shall give any Certificate under his and their Hands and Seals to any Person or Persons Bodies Politick or Corporate in order to the passing of any Letters Patents according to the said Act and shall likewise return a Duplicate of such Certificate into his Majesties Court of Exchequer at Dublin to be there enrolled and the Person and Persons
near New-England to check the growing Independents of that Country 14. That the next Parliament being formed as aforesaid great Sums of Money will be given his Majesty Query Whether the Roman Catholick Clergy may not be admitted into the House of Peers this next Parliament or stay a little 15. That for effecting the Premises 't is better his Majesty should govern Ireland by a Committee of such of his Privy Council as approved the Conjunction with France and as are not concern'd in Ireland rather than by the Council of Ireland 16. Let such a Lord Lieutenant be in Ireland who in Inclination and for fear of being displaced will begin this Work of laying the Foundation of his Majesty's Monarchy and hazard his Concernments upon that account 17. That the Army be gradually reform'd and opportunity taken to displace Men not affected to this Settlement and to put into the Army or Garisons in Ireland some fit Persons to begin this Work and likewise Judges upon the Benches 18. Query What Precedents may be found to break the several Farms and to be Master of the Exchequer and pole the Gains of the Bankers Brewers and Farmers 1. Whether the paying of a Fine or Income upon all Grants of Charters Officers and Commanders may not bind and fasten the Grant Duty and Allegiance as with Silver Chains more firmly to the King's Government 2. Whether any Grants may be presumed to be new obtained without paying a great Value at least to some great Officer or Courtier for procuring the same 3. Whether it be not â—â—â—sonable a Year's Value be paid as a grateful Acknowledgment to the Prince's Bounty upon Temporal Grants as First Fruits from Spiritual 4. Whether to reserve such Grants to the immediate dispose of the King be not the Interest of the Crown and a Means to create a closer adherence to the Person of the Prince and so make Monarchy more Absolute and Real instead of factious Dependences on great Men who are often acted more by Self-interest than the Advantage of their Master 5. Whether a considerable Revenue may not be raised to the Crown that if such Courtiers received it upon procuring Grants it were paid to the Private or Privy-Purse 6. Whether the Subject would not more chearfully pay a Years Value or two to the Prince upon passing Grants than to be liable to the unreasonable Exaction of hungry Courtiers who sometimes make a Prey both of the Subject and the Prince's Favour 7. Whether many worthy and deserving Men have not been put by and denied the benefit of his Majesty's Grant by false Insinuation for not gratifying some such viperous Officers 8. Whether his Majesty might not expect to have a fitter Person recommended when there is no Advantage to be made by their Recommendations than when Offices are canted by Courtiers and such only recommended as will give most but the least fit 9. Whether if by the Silver Key Men chance to get admittance into Offices the Prince may not make Advantage by their Misbehaviour since by losing both their Mony and Employment the King will not only get a Fine and better Servants but also gratify the People by displacing an ill One. A Copy of a Letter of the Irish Clergy to King James in favour of the Earl of Tyrconnel Found amongst Bishop Tyrrell's Papers in Dublin SIR SInce it has pleased the Almighty Providence by placing your Majesty in the Throne of your Ancestors to give you both Authority and Occasion of exercising those Royal Vertues which alone do merit and would acquire you the Crown to which you were born We though comprehended in the general Clemency and Indulgence which you extend to the rest of our fellow Subjects are nevertheless so remote from your Majesty's Presence that our Prayers can have no access to you but by a Mediator And since of all others the Earl of Tyrconnel did first espouse and chiefly maintain these Twenty five Years last past the Cause of your poor oppressed Roman Catholick Clergy against our many and powerful Adversaries and is now the only Subject of your Majesty under whose Fortitude and Popularity in this Kingdom we dare chearfully and with assurance own our Loyalty and assert your Majesty's Interest Do make it our humble Suit to your Majesty that you will be pleased to lodg your Authority over us in his Hands to the Terror of the Factious and Encouragement of your faithful Subjects here since his Dependence on your Majesty is so great that we doubt not but that they will receive him with such Acclamations as the long captivated Israelites did their Redeemer Mordecai And since your Majesty in Glory and Power does equal the mighty Ahashuerus and the Vertue and Beauty of your Queen is as true a Parallel to his adored Hester We humbly beseech she may be heard as our great Patroness against that Haman whose Pride and Ambition of being honour'd as his Master may have hitherto kept us in Slavery And tho we wish none the fate of so dreadful an Example but rather a timely Penitence and Conversion we yet humbly crave your Majesty's Protection against all such if it may consist with your Royal Wisdom and Pleasure to which we with all humility submit in the establishing of the â—aâ—d Earl of Tyrconnel in such Authority here as may secure us in the exercise of our Function to the Honour of God and offering up our Prayers and Sacrifice for the continuation of your Majesty's long and prosperous Reign over us Dublin the of July 1685. Your Majesty's most dutiful and obedient Subjects The Copy of a Letter sent the King August 14. 1686. Found in Bishop Tirrel's Papers but imperfect May it please your Majesty I Humbly beg of you for God's sake and your own to read what I here presume to write not but that I know it may well be thought an inexcusable piece of Presumption in any Subject to say or write any thing that may look like prescribing to a King especially a King that from his own knowledg and the best Mother of it long Experience must with universal consent be allowed the most competent Judg in his Dominions of what ought or ought not to be done Yet inasmuch as your present Counsellors are for the most part divided from you by the unhappy difference in Religion I hope your Majesty will pardon a loyal Plain-dealer for presuming to offer his well-meaning Opinion of the present Posture of Affairs Sir As I am one that makes it my Business to study your Interest I took the liberty of telling you in former Letters That in order to replant Religion in your Dominions you ought to begin with Ireland where the Work is more than half done to your Hand and where your Prerogative allows you to do with that Kingdom as you please for it was not to be expected that England and Scotland so irreconcileable to Popery would consent to take off the Penal Laws by a Parliament if not aw'd by a
more faithful Army than you have at present And now that a needful Alteration is begun in Ireland it should be carried on speedily for your own and Catholick Subjects security for all the Sectaries in your Dominions are so gall'd at some of the Phanaticks being discarded in Ireland that they join Heads concert Councils swear and contrive Vengeance against all Papists who must expect no Quarters but during your Majesty's Reign But all good Men have reason to hope that that God who delivered you from the manifold Dangers of your Life and made your Enemies your Footstool will spare your precious Life till you accomplish the glorious Work reserv'd for you by that Providence that is your best Life-guard And 't is the comfort of all good Subjects that besides your being of all sides descended from healthy Parents you have I thank God at present all the Symptoms of a vigorous long-lived Man Nay that your having been suckled by a very healthy long-liv'd Woman must in reason contribute much to the length of your Life therefore put your Trust in that God that never failed any good Man that placed his Hopes with considence in him and consider the Proverb That he that begins well has in a manner half done his Work which cannot be more aptly applied than to the auspicious beginning of your Reign for God has so dashed the Enterprizes and Hopes of your Enemies that the terror of your Name and their experience of your good Fortune is with the help of the Army they gave you way to raise sufficient if not to change their Hearts at least to curb their Insolence Therefore listen not to trimming Counsellors whose aversion to your Religion and cunning Design of spinning out your Life with their pian piano may put them upon urging to you that great Alterations are dangerous when carried on otherwise than by slow and imperceptible Degrees Which is true where Matters are not so ordered in point of Power as not to need fear a Perturbation in the State but otherwise Celerity and Resolution adds Life and Vigour to all Actions especially such as relate to Change which is often prevented by tedious Deliberations for the Party fearing an Alteration is always as having more reason more jealous and vigilant than he from whom it is feared and therefore leaves no Stone unturn'd to hinder the accomplishment of Designs that might take Effect if not marr'd for not being vigorously push'd on as soon as resolv'd upon And as Precipitation is an Error so is Irresolution which is never to be practised by any especially a known wise and resolute Prince but when the Issue of Enterprizes depends more upon Chance than a prudent management of Causes and rational foresight of Events But nothing causes Irresolution more than a medly of Counsellors of a different Religion with their Prince who will be on all Occasions as industrious to prevent as he can be to carry on any Design for re-establishing Religion And inasmuch as Authority Courage and Prudence are the three most necessary Qualifications in a Prince that conduce most of all ordinary Means to the replantation of a Religion and that all three meet to the highest pitch in your Majesty no protestant Counsellor will advise you to any alteration in the Government that may directly or indirectly tend to a Change in Religion Nay they lie under such Jealousy and Prejudice as may induce them to magnify Danger where there is none at all and take no notice where it really is A Device much practised in England of late Years Hence in the late King's time No Danger threatned his Majesty but from the Catholick Quarters whilst the greatest of Dangers hovered over his and your Sacred Heads warpt up in the dark Cloud of Fanatick Treachery and Dissimulation Sir It is plain that the reality of the Danger lies in your Delay of making your Catholick Subjects considerable For God's sake consider that yours and their sworn Enemies threaten above-board that Popery or Protestantism must and shall be for ever extirpated in these Kingdoms and that all Papists must inevitably split upon a Rock in that Haven where they had reason to hope for Safety if not secured against the threatning Storm during your Majesty's Life whereof the Days and Hours are precious considering the important Game you have to play and the indispensable Obligation you lie under before that God ..... and contribute as much from the Helm to the conversion of Souls as the best of Preachers from Pulpits for Words do but move but Examples and especially those of great Men have more resistless Charms and a more than ordinary Ascendent over the Minds of the common People Which Consideration should prevail with your Majesty to prefer without delay couragious wise and zealous Catholicks to the most eminent and profitable Stationâ— especially in your Houshold where you are King by a two-â—old Title by which means you would in a short time be stock'd with faithful Counsellors all of a piece that would join Heads Hearts and Hands and would contribute unanimously to the effectual carrying on so good a Design ..... distinction 'twixt his politick and natural Capacity fighting against the one in defence of the other it is to be fear'd the Protestants of your English Army would in case of a Rebellion be too inclinable to fight for the King Parliament and Protestant Religion against the King as Papist his Popish Cabals and Popery To prevent which as Matters now stand there is but one sure and safe Expedient that is to purge without delay the rest of your Irish Army increase and make it wholly Catholick raise and train a Catholick-Militia there place Catholicks at the Heâ—â— of that Kingdom issue out Quo-warranto's against all the Corporations in it put all Employs Civil as well as Military into Catholick Hands This done call a Parliament of Loyal ..... present Revenues of that Kingdom cannot answer other State-Contingencies and maintain a greater Army than is already on foot especially when the Revenues rather fall than rise there The Solution to this Objection is to be expected also from your Majesty in whose Breast it lies to take off by a Law the Restraint that Country is under as to Trade and Traffick for which it lies much more convenient than any of your Kingdoms When this is done the Irish Merchants will like the Souldiers flock home from all parts of the World but with this difference that as the Souldiers come to get your Money the Merchants will bring all their ..... that there are few or none Protestants in that Country but such as are join'd with the Whigs against the Common Enemy And as to your Revenues you are cheated of them by the mismanagement and sinistrous Practices of your Commissioners whereof the major part are in their Hearts rank Whigs and of a whiggish Race and hence it is that they employ no Officers but Men of their own Kidney that swallow the Oaths and
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
Foxon John Power John Banner Henry Nugent William Mackentosh Charles O Danniel Arthur Dillon Lord Brittas Allen Bellingham John Brown Thomas Carleton Robert Nugent Captain Pagez Captain Durass Nicholas Kemish No. 20. A List of the Lords that sate in the pretended Parliament at Dublin held the 7th of May 1689. The Nobility of Ireland May 7th 1689. Sir Alex. Fitton Kt. Baron of Gausworth Lord Chancellor Dr. Mich. Boyle Lord Archbishop of Armagh Primate of all Ireland Rich. Talbot Duke of Tyrconnel Earls Nugent Earl of Westmeath Mac Donel Earl of Antrim Barry Earl of Barrymore Lambert Earl of Cavan Mac Carty Earl of Clancarty Power Earl of Tyrone Aungier Earl of Longford Forbese Earl of Granard Dungan Earl of Lymerick Viscounts Preston Viscount Gormanstown Butler Viscount Montgarret Dillon Visc. Costello and Gallen Nettervill Viscount Dowth Magennis Viscount Iveagh Sarsfield Viscount Kilmallock Bourk Viscount Mayo Butler Viscount Ikerin Dempsy Viscount Glanmalier Butler Viscount Galmoy Barnwell Viscount Kingsland Brian Viscount Clare Parsons Viscount Rosse Bourk Viscount Galway Brown Viscount Kenmare Mac Carty Viscount Montcashel Cheevers Visc. Mount Leinstor Bishops Anth. Dopping Bish. of Meath Tho. Otway Bishop of Ossory and Kilkenny Edw. Wetenhall Bishop of Cork and Rosse Symon Digby Bishop of Lymerick and Ardfart Barons Bermingham Baron of Athenry Courcy Baron of Kinsale Fitz Morris Bar. of Kerry and Lixnare Fleming Baron of Slane St. Laurence Baron of Howth Barnwall Bar. of Tremblestown Plunket Baron of Dunsany Butler Baron of Dunboyne Fitz Patrick Ba. of Upper Ossory Plunket Baron of Lowth Bourk Baron of Castle-connel Butler Baron of Cohair Bourk Baron of Brittas Blaney Baron of Monoghan Malone Baron of Glenmalun and Courchey Mac Gwyre Baron of Eniskillin Hamilton Baron of Strabane Bellew Baron of Duleek Bourk Baron of Bophine Nugent Baron of Rivers-own N o. 21. The Names of the Knights Citizens and Burgesses returned to the Parliament beginning the 7th of May 1689. Com. Ardmagh Arthur Brownloe Esquires Walter Hovendon Esquires Bur. Ardmagh Francis Stophard Esquire Constantine O Neile Esq 16th of May 89. Bur. Charlemont Com. Antrim Carmick O Neile Esquires Randal Mac Donel Esquires Bur. Carrickfergus Burrough Belfast Mark Talbot Esq Bur. Lisbourn Daniel O Neile Esq 20th May 89. Bur. Antrim Com. Catherlogh Dudley Bagnal Esquires Henry Lutterel Esquires Bur. Catherlogh Mark Baggot Esquires John Warren Esquires Bur. old Laughlin Darby Long Esquires Daniel Doran Esquires Com. Cork Justin Mac Carty Esq Sir Richard Nagle Knight Town of Youghall Thomas Uniack Aldermen Edward Gough Aldermen Town of Kinsale Andrew Murrogh Esquires Miles de Courcey Esquires Bur. Baltimore Daniel O Donavan Esquires Jeremiah O Donavan Esquires Bur. Bandonbridge Charles Mac Carty of Balloa Esquires Daniel Mac Carty Reagh Esquires Bur. Cloghnerkilty Lieut. Coll. Owen Mac Carty Daniel Fyn Mac Carty Esq Bur. Middletowne Dermot Long Esquires John Longan Esquires Bur. Moyallow John Barret of Castlemore Esquires David Nagle of Carrigoone Esquires Mannor and Borough of Rathcormuck James Barry Esquires Edward Powell Esquires Mannor of Donerail Donello Donovan Esq John Baggot Jun. of Baggotstown Esq Bur. Charleville John Baggot of Baggotstown sen. Esq John Power of Killbelone Esq City of Cork Sir James Cotter Knight John Galway Esquire Com. Cavan Phil. Reyly of Aghnicrery Esquires John Reyly of Garryrobock Esquires Bur. Cavan Phil. Oge O Reyly Esquires Hugh Royly of Larha Esquires Bur. Belturbet Sir Edward Tyrrel Baronet Tuit of Newcastle Esq Com. Clare David O Brian Esquires John Mac Nemara of Crattelagh Esquires Bur. Ennis Florence Mac Carty of Dromad Esquires 10. Ma. 89. Theob Butler of Szathnogalloon Esquires 10. Ma. 89. Com. Down Murtagh Magennis of Greencastle Esquires Ever Magennis of Castleweian Esquires Bur. Hilsburrow Bur. Newry Rowland Wite Esquires Rowland Savage Esquires Bur. Bangor Bur. Keleleagh Bernard Magennis of Balligorionbeg Esq Tool O Neile of Dromankelly Gent. Bur. Down New-town Com. Dublin Symon Lutterel of Luttrels town Esquires Patr. Sarsfield Jun. of Lucan Esquires Bur. Swords Fra. Barnwell of Woodpark Co. Meath Esq Robert Russel of Drynham Esq Bur. Newcastle Tho. Arthur of Colgans town Esquires John Talbot of Belgard Esquires City of Dublin Sir Michael Creagh Knight Terence Dermot sen. Alderman Colledge of Dublin Sir John Mead Knight Joseph Coghlan Esq Town of Drogheda Henry Dowdal Esq Recorder Alderm Christopher Peppard Fitz George Com. Donnegall Lifford Ballyshannon Killebeggs Donnegall St. Johns-town Sir William Ellis Knight Lieut. Coll. James Nugent Com. Galway Sir Ulick Bourk Baronets Sir Walter Blake Baronets Bur. Athenree James Talbot of Mount Talbot Esquires Charles Daly of Dunsandale Esquires Bur. Tuam James Lally of Tullendaly Esquires William Burk of Carrowfrila Esquires Town of Galway Oliver Martin Esquires John Kirwan Esquires Com. Kilkenny John Grace of Courts-town Esquires Robert Welsh of Cloonesby Esquires Bur. Callaim Walter Butler Esquires Thady Meagher Esquires Bur. Thomas-town Robert Grace senior Esquires Robert Grace junior Esquires Bur. Gowran Richard Butler Esquires Walter Keily Dr. of Physick Esquires Coll. Robert Fielding by a new Election Bur. Inishoge Edward Fitzgerald Esquires James Bolger Esquires Bur. Knocktopher Harvy Morris Esquires Henry Meagh Esquires City of Kilkenny John Rooth Esq Mayor James Bryan Alderman 4th May 1689. Bur. Kells Patrick Everard Esquires John Delamare Esquires Bur. St. Canice Com. Kildare John Wogan Esquires George Aylmer Esquires Bur. Naas Walter Lord Dungan Charles White Esq Bur. Athy William Fitzgerald Esquires William Archbold Esquires Bur. Harristown James Nighell Esquires Edmund Fizgerald Esquires Bur. Kildare Fracis Leigh Esquires Robert Porter Esquires Kings County Heward Oxbourgh Esquires Owen Kerrall Esquires Bur. Philips-town John Conner Esquires Heward Oxbourgh Esquires Bur. Banagher Terence Coghlan Esq Terence Coghlan Gent. Bur. Birr Com. Kerry Nicholas Brown Esq Sir Thomas Crosby Knight Bur. Tralee Morrice Hussey of Kerties Esquires John Brown of Ardagh Esquires Bur. Dingle Icouch Edw. Rice Fitz James of Ballinleggin Esq John Hussey of Cuhullin Com. Lym Esq Burr Ardsart Coll. Roger Mac Elligott Esquires Cornelius Mac Gillicuddy Esquires Com. Longford Roger Farrell Esquires Robert Farrell Esquires Bur. Lanesborough Oliver Fitzgerald Esquires Roger Farrell Esquires Town of Longford Com. Lowth Thomas Bellew Esquires William Talbot Esquires Bur. Atherdee Huh Gernon Esquires John Rabe Esquires Bur. Dundalk Robert Dermott Esquires John Dowdall Esquires Bur. Carlingford Christoph. Peppard Fitz Ignatius Esquires Bryan Dermod Esquires Dunlier Com. Lymerick Sir John Fitzgerald Baronet Gerald Fitzgerald Esquire commonly called Knight of the Glynn Bur. Kilmallock Sir William Harley Baronet John Lacy Esquire Bur. Askeaton John Bourk of Carrickinohill Esquires Edward Rice Esquires City of Lymerick Nicholas Arthur Aldermen Thomas Harrold Aldermen Com. Leitrim Edmond Reynolds Esquires Irrel Farrell Esquires Bur. James-town Alexander Mac Donnel Esquires 15 th May 1689. William Shanley Esquires 15 th May 1689. Carrickdrumrusk Com. Mayo Garret Moor Esquires Walter Bourk Esquires Cartlebar John Bermingham Portreeve Thomas Bourk Esquire Com. Meath Sir William Talbot Baronets Sir Patr. Barnwall Baronets Bur. Ratoath John Hussey Esquires James
body demanded a Certificate from me concerning it Nor did I ever Sign any such Certificate as he pretends or any thing like it And therefore that whole Advertisement as far as it concerns me is absolutely False and Groundless If any one had Ask'd me concerning that Collection I could have given him no other Answer than that I had neither read it nor the Sermons out of which 't is said to be taken Perhaps the Collection may be just and no harm in Certifying it to be so but I am sure there is a great deal of harm in forging a Certificate under a mans Hand what ever the matter be that is Certified And if there be no such Certificate forged or real it is no less criminal to publish to the world as in this Abhorrence that there is one I cannot imagine to what purpose the Publisher should have inserted such an easily detected Falshood which he could not expect should escape being discovered except he had a mind to destroy both his own Credit and likewise that of the Collection Pray Sir if you know any thing of this matter Communicate to To the Reverend Dr. Nath. Foy These Your most humble Servant Will. King Reverend Sir WHat you were pleased to Acquaint me with several Gentlemen who were Concern'd for me gave me Notice of some few Hours before Upon which I immediately repaired to the Coffee House the likeliest place as I judged to find a Lye if it were stirring where I saw my self in Print of which though I could not imagine what should be the ground yet since it was resolv'd it should be so I was glad to be found with so good Company as your self Had the Gentleman amongst other things in his Abhorrence but Abhorr'd Untruth I 'm sure my Name had never appear'd in his Advertisement For I declare I never read the Book mentioned therein and I judge I shall not be very Fond of reading any thing that comes from under his Hand having given such a Tast to the world of his Abilities in Writing and Collecting other mens Senses that it is to be doubted whether he has yet well Collected his own whose Collection as I never read so have I never received any account of the contents of it nor did any person ever require a Certificate from me or my Judgement of that Collection or the Sermons said to be in it nor did I ever give any Certificate or my Judgment to any person unrequired This is all I know of the matter or the Gentlemans Collection It may be a faithful one for ought I know but certainly he has not taken the best method to Assert the Reputation of it or his Own since he must give leave to them who are as ignorant of his Person and Collection as I am to suspect that he who can find a Certificate in Dublin that never was Written may find a Sermon in London that never was Printed This Sir I thought was due as a return to yours which I kindly resent and request you to believe that I am March 11. 1689. For the Reverend Dr. Will. King These SIR Your faithful Friend and humble Servant Nath. Foy No. 30. Collonel Luttrells ORDER for Numbring PROTESTANTS WHEREAS it is His Majesties desire to Know the Names of all the Protestant Subjects and Dissenters I do in His Majesties Name Require and Order you all the Ministers and Curates of the several Parishes and Cures of this City and Liberties to bring me fairly Written the Names of the said Protestants and Dissenters in a Book made for that purpose that are in their several Parishes or Cures Declaring That it is His Majesties Resolution to Treat all such as will not pay Obedience to this Order and enter in their Names by Thursday next ensuing the Date hereof as Spyes or Enemies Dated this Third day of May 1690. They are to Return only all from the Age of Fifteen to the Age of Eighty that are of the Male kind and not of the Female By the Governour of Dublin Sym. Luttrell To all the Curates and Ministers of the City Liberty and Subburbs of the City of Dublin No. 31. Collonel Luttrells Order Forbidding above Five Protestants Meeting any where c. By the Governour of Dublin June 18. 1690. WHEREAS several Disaffected persons of the Protestant Religion are of late come to this City of Dublin and some of them Arm'd with Swords Pistols and other Weapons contrary to His Majesties express Commands by his Royal Proclamation bearing Date the 20th day of July 1689. I. THESE are therefore to Will and Require all Men whatsoever of the Protestant Religion now residing or being within the said City of Dublin or within the Liberties of St. Sepulcher Donor or Thomas-Court who are not House-keepers or have not followed some lawful Vocation therein these three Months past to Depart within Twenty-Four Hours after the Publication hereof out of the said City and Liberties and repair to their respective Habitations or usual places of Abode in the Country upon pain of Death or Imprisonment and to be further proceeded against as Contemners of His Majesties Royal Commands and as persons designing the Disturbance of the Publick Peace II. And likewise That all Protestants within the said City and Liberties not being of His Majesties most Honourable Privy Council nor in his Army or actual Service shall within the time aforesaid deliver up all their Armes both Offensive and Defensive and all their Ammunition into his Majesties Stores in the said City upon pain of Death III. And that no Protestant whatsoever Do presume at his Peril to walk or go in the Streets from Ten a Clock at Night till Five in the Morning nor at any time when there is any Alarum In which case all such persons are required for their Safety and for the Security of the Publick to keep within Doors till such an Alarum is over IV. And Lastly for the prevention of Ryots and Unlawful Assemblies These are therefore to Will and Require all the said Protestants that no greater number of them than Five shall Meet and Converse at any time either in any House within the said City or Liberties over and above the Family of the House or in the Streets and Fields in or about the same or elsewhere Hereby declaring That all persons who shall Offend against any Clause in this present Order shall suffer Death or such other Punishment as a Court Marshall shall think Fit FINIS BOOKS Printed for R. Clavel Publish'd in Michaelmas Term 1691. A Defence of Pluralities or holding two Benefices with Cure of Souls as now practised in the Church of England 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 Observations on a Journey to Naples being a farther Discovery of the Frauds of
Romish Priests and Monks Writen by the Author of the former Book Entituled The Frauds of Romish Priests and Monks set forth in Eight Letters L. Annaei Flori Rerum Romanarum Epitome cum Interpretatione Notis in usum Serenissimi Delphini unà cum Indicibus copiosissimis oppidò necessariis Compendium Graecum Novi Testamenti continens ex 7959 versiculis totius Novi Testamenti tantum versiculos 1900 non tamen integros in quibus omnes universi Novi Test. voces unà cum Versione Latina inveniuntur Auctore Iohanne Leusden Editio quinta in qua non tantum Themata Graeca Voces derivatae exprimuntur sed etiam Tempora Verborum adduntur Tandem ne aliquid ubicunque desideretur in hac Novissima Editione Londinensi cuilibet Voci aut Compositae aut Derivatae Radix adjicitur propria in Tyronum gratiam De Presbyteratu Dissertatio Quadripartita Presbyteratûs sacri Origines naturam Titulum Officia Ordines ab ipsis Mundi primordiis usquè ad Catholicae Ecclesiae consummatum plantationem complectens in qua Hierarchiae Episcopalis Jus Divinum immutabile ex Auctoritate scripturarum Canonicè expositarum Ecclesiasticae Traditionis suffragiis brevitèr quidem sed luculentèr asseriter Authore Samuele Hill Diaeceseôs Bathoniensis Wellensis Presbytero Londini Typis S. Roycroft L. L. Oriental Typographi Regis Impensis R. Clavel in Coemeterio D. Pauli MDCXCI Sometime since Published for R. Clavel FOrms of Private Devotion for every day in the Week in a Method agreeable to the Liturgy with Occasional Prayers and an Office for the Holy Communion and for the Time of Sickness A Scholastical History of the Primitive and General Use of Lyturgies in the Christian Church together with an Answer to David Clarkson's late Discourse concerning Liturgies Roman Forgeries in the Councils during the first Four Centuries together with an Appendix concerning the Forgeries and Errors in the Annals of Baronius Ait idem Barclaius amitti regnum si Rex vere hostili animo in totius populi exitium feratur quod concedo confistere enim simul non possunt voluntas imparandi voluntas perdendi quare qui se hostem populi totius prositetur is eo ipso abdicat regnum Sed vix videtur id accidere posse in rege mentis compote qui uni populo imperet quod si pluribus populis imperet accidere potest ut unius populi in gratiam alterum vult preditum Idcirco enim frater carissime copiosum corpus est Sacerdotum concordiae mutuae glutino atque unitatis vinculo copulatum ut siquis eâ— collegio nostro Haeresim facere gregem Christi lacerare vastare tentaverit subveniant caeteri quasi pastores utiles misericordes qui oves dominicas in gregem colligant Cypri Ep. 67. Pamelii Socrates lib. 2. c. 22. Acts of the late pretended Irish Parliament C. 3. Pro defensione fidei prestant juramentum quod de terris suae jurisdictioni Subjectis universos haereticos ab ecclesia denotatos bona fide pro viribus exterminare studebunt Conc. Later IV. cap. 3. Concil Constantiens Sess. 45. Bull. Mart. De erroribus Johan Wickleff Declaration for Liberty of Conscience in Scotland See Appendix 28. Henry 8. cap. 13. 2. Elizab cap. 1. 10. Henry 7. cap. 13. Lord Clarendon's Speech at giving up the Sword to the Earl of Tirconnel and the Abstract of the Revenue for 1685. Appendix N. 5. 6. By what Interest and for what Design he came to be employed and at last to be made Deputy will appear from the Copy of a Letter found amongst Bishop Tyrrel's Papers his Secretary 'T is in the Appendix N. 3. Vide Ch. 2. Sect. 6. N. 2. Felix ô Neal was removed in 1689. and made a Collonel Sanders de oblig conscien praelect 9. 12. 19. Ubi tam gravis premit necessitas ut vir pius prudens non possit dubitare legislatorem ipsum si praesens esset legit sibi gratiam relaxationem concessurum liceat subditis communis utilitatis quae suprema lex est omnium legum finis rationem habere magis quam legum particulaâ—â—â—m Salus populi suprema Lex The Equity of which Maxim as it leaveth in the Law-giver a power of dispensing with the Law as he shall see it expedient to the publick Good so it leaveth in the Subject a Liberty upon just Occasions to do otherwise than the Law requires Dr. Sanderson's Judgment concerning Submission to Usurpers pag. 17. Edit Lond. 1678. Appendix N. 10. N. 7. See the Appendix for the List of Privy-Counsellors N. 9. a See Appendix N o 14. Appendix N o 14. Appendix N o 11. See Appendix Appendix See Appendix N o 15. Appendix N o 18. See the First Proclamation by the Earl of Tyrconnel Feb. 21. 1686. WHereas a late Proclamation issued forth by the Lord Lieutenant and Council of this Kingdom in December last for the Suppressing of Tories Robbers and their Harbourers in these Words following Whereas there have been of late many Burglaries and Robberies committed in several parts of this Kingdom to the ruin of some of his Majesties good Subjects and to the great disquiet of many others and it is found by experience that his Majesties Mercy that hath been heretofore extended to some Persons that have been attainted of such Crimes hath been an encouragement to others to commit the like c. Which Proclamation hath not yet met with the full effect c. See Appendix N o. 25. 'T was an ancient Law of England some say as Old as King Alfred That no King should change his Mony nor impair nor inhanse nor make any Mony but of Silver without the Assent of the Lords and all the Commons See Power of Parliaments asserted by Sir Robert Atkins p. 17. And Lord Cook Exposition of Stat. Artic super Chart. Cap. 2â— 2 Iâ—st 577. Chap. II. Sect. 4. See the Copy of a Letter to King James and Malony's Letter in the Appendix N. 4. 17. How is it possible a Parliament should be Free in all its Circumstances whilst an Enemy is in the Kingdom Append. N. 21. Appendix N. 24. See Appendix N. 23. Appendix N. 22. See the Articles in the Appendix n. 1â— See Appendix n. 28. See Dr. Walkers Siege of Derry See Appendix N. 31. See Appendix See Appendix N. 3 4. 17. 12 Eliz. Chap. 1st See the Appendix Molony's Scheme in his Letter N. 17. See the Proceedings of the Parliament of Paris upon the Pope's Bull Printed at London 1688. P. 5. Appendix N. 27. See the Petition in the Appendix N. 26. See Appendix N. 31. See Appendix N. 30. See Appendix N. 29. 1. It is unjust Reprizals It is not for the publick good Not for the King 's good It ruins the Kingdom It ruins the People in it It destroys the Publick Faith Inconvenient in point of time Loco Sigill '
of Money to compound the Matter This Trick was very common and at last no Protestant tho he had ever so good Evidence against a Papist durst prosecute him for he was sure to be acquitted and then the Prosecutor was liable to the Revenge of an Action of the Case and the Damages that a Popish Jury pleased to give against him 12. There is an Act of Parliament 10 Henrici 7. cap. 12. That forbids keeping Guns or Ordnance without License from the Lord Lieutenant or Deputy The Design of it was to prevent the Irish from fortifying themselves in their little Castles whereby at that time they created the Government great Trouble and raised daily Rebellions But the Lord Chief Justice Nugent interpreted this to the disarming of all Protestants and because there chanced to be a Sword and Case of Pistols found September 6 1689 in some outward by place in Christs Church Dublin one Wolf the Subverger was committed to Newgate indicted and found guilty and had good luck to escape with his Life the Chief Justice declaring it was Treason tho Wolf was only indicted for a Misdemeanour 13. But had the Laws been in never so good Hands it could not have secured us from Destruction when the King who designed that Destruction against us pretended to be above all Laws and made no Scruple to dispense with them every Law in these Kingdoms is really a Compact between the King and People wherein by mutual consent they agree on a Rule by which he is to govern and according to which they oblige themselves to pay him Obedience But there is no general Rule but in some Cases it may prove inconvenient it is therefore agreed by all that in Cases of sudden and unforeseen Necessity there is no Law but may be dispensed with but then first it is observable that this Necessity must be so visible and apparent that all reasonable Men may see and be satisfied that it is not pretended and where the Necessity has been thus real no Man can shew that either the People or Parliament ever quarrelled with a King for using a dispensing Power 14. Secondly It must be observed that this Power of Dispensing in Cases of Necessity is mutual and belongs to the People as well as the King it being as lawful for a Subject in Cases of Necessity to dispense with his Obedience to a Law nay with his Allegiance to his King as for a King to dispense with the Execution of a Law or the exacting Obedience and this mutual power of dispensing with the Laws which are publick Compacts in Cases of Necessity is tacitly understood in them as well as in all other Covenants Doctor Sanderson proves this Power of Dispensing to belong to the People as well as to the Prince in his tenth Praelection N. 21. and he gives an Example in N. 22. The Case is thus The Conspirators after the Gunpowder Treason was discovered fled into Warwickshire and made an Insurrection the Sheriff raises the Posse Comitatus against them they fled from thence into Worcestershire where by the Law the Sheriffs of Warwick could not follow them but the Sheriff dispensed with the Law Judging saith he as he ought to have done That if he would perform right the Office of a good Subject the Observation of the Law in that Case of Necessity was very unseasonable and he ought to obey the Supreme Law which is the Safety of his Country The Sheriff did accordingly and was highly commended by King James the First for it There might be many Examples of this kind given in which the People are allowed to dispense even with their Allegiance in case of Necessity It is against the Allegiance of a Subject to own the Power of an Usurper to bear Arms to judge of Life and Death or administer Justice between Man and Man by his Commission and yet Dr. Sanderson determines it to be the Duty of a good Man to do all these if required by an Usurper Praelect 5. N. 19. and accordingly we find Judge Hales acted under the worst of Usurpers Oliver Cromwell and executed the Office of a Judge as may be seen in his Life 15. Thirdly 'T is the most wicked as well as hazardous thing that a King or People can do to pretend a necessity for dispensing with those publick Compacts when the pretence is not real for the publick Faith is hereby violated the party unconsulted is abused a just reason of Distrust raised between the King and People and they of the two that assume to themselves this power of dispensing upon a pretended not real necessity in Cases of great Moment to the Kingdom are in a fair way to lay a real necessity on the other party to dispense with their part of the Compact that is to say if the King will pretend a Necessity where there is none for his not governing by Laws in Cases that concern the common safety of the Kingdom he gives a shrewd Temptation and a justifiable Colour to his People to dispense with their Submission and Allegiance to him And it is full as good a Reason for a Peoples taking Arms to defend themselves against illegal Violence to alledge that they were necessitated to do so to prevent the Ruin and Destruction of them and their Posterity as it is for a King to alledge that he uses illegal Officers and Force to preserve himself and his Kingdoms And if the Allegation be real I do not see why it should not justifie the one as well as the other tho the one be against the Oath of Allegiance and the other against the Coronation Oath Cases of extreme Necessity being tacitly excepted in both Kings therefore that take on themselves to dispense with Laws without the consent either tacit or express of their People give an ill Precedent against themselves and must blame themselves if their People taught by them return it upon them 16. 'T is plain the Officers employed by King James in Ireland both Civil and Military were unqualified and uncapable by Law of those Employments If Lord Tirconnell for instance claimed Subjection of us by the Laws I do not see why he should expect the People to be better Observers of the Laws than he was Suppose that it was against the Law for them to resist him it was likewise against the Laws that he should command them if he dispensed in one Case they only dispensed in the other and in this Case it was as lawful for the one to dispense as the other I suppose the only Reason in a settled Government why one Man can claim our Submission and not another is because the known Laws give the one and not another the power of commanding but the Laws as well as the Interest of this Kingdom said positively that the Earl of Tirconnell and Men of his Character and Religion should not have any Office Civil or Military and therefore those Protestants that stood on their Defence against him