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
did worse that is betrayed it by their Compliance whilst yet they profest it Many who would not be guilty of such servility were turned out even from the mean Employments of a High or Petty Constable of a Goalour or Turn-Key of all which it were easie to give Examples but the thing being Universal makes that unnecessary Even these mean Employments were now counted too good for Protestants and all this contrary to the express Letter of the Law which admitted none but such as would take the Oath of Supremacy to any Office but they took a peculiar Pleasure to act in contempt and despite of the Laws and it seemed to them a kind of Conquest to turn a Man out of his Employment Office or Freehold contrary to Law In the mean time it was a melancholy thing for Protestants to live under such illegal Officers and have their Lives Estates and Liberties at the mercy of Sheriffs Justices and Juries some of whose Fathers or nearest Relations they had either hanged for Thieving Robbery and Murthering or killed in the very Act of Torying 5. I reckon as a fourth sort of Officers in the Kingdom such as were of the Privy-Council which in Ireland is a great part of the Constitution and has considerable Privileges and Power annexed to it Regularly no Act of Parliament can pass in Ireland till the chief Governor and Privy-Council do first certifie the Causes and Reasons of it It was therefore no less than necessary that King James should model this to his mind and he quickly ordered it so that the Papists made the majority in it and whereas before it was a Refuge and Sanctuary to the oppressed it now became a most effectual Instrument to strengthen the Popish Interest and give Reputation to their Proceedings We may guess what kind of Government King James designed when he was attended with such a Council and yet it is certain even some of these who were Protestants would have been turned out if they had not absented themselves and declined appearing at the Board but whether they appeared or no was of no consideration since it is plain they could do Protestants little service SECT V. Fourthly King James's ordering Corporations was an effectual means to destroy his Protestant Subjects and to alter the very Nature of the Government 1. WOever knows the Constitution of England and Ireland must observe that the Subjects have no other security for their Liberties Properties and Lives except the Interest they have of choosing their own Representatives in Parliament This is the only Barrier they have against the Encroachments of their Governor Take it away and they are as absolute Slaves to the Kings Will and as miserable as the Peasants in France Whoever therefore goes about to deprive them of this Right utterly destroys the very Constitution and Foundation of the Government Now the Protestants of Ireland finding the necessity of securing this right in their own Hands to preserve the Kingdom in Prosperity and Peace had procured many Corporations to be Founded and built many considerable Corporate Towns at their own Cost and Charges They thought it reasonable to keep these in their own Hands as being the Foundation of the Legislative power and therefore secluded Papists as Enemies to the English Interest in Ireland from Freedom and Votes in them by the very Foundation and Rules of planting them This Caution they extended by a Law to all other Corporations in the Kingdom excluding Papists likewise from them which they justly did if we remember that these Papists had forfeited their Right in them by their Rebellion in 1641 and by their having turned those Towns where they had Interest into Nests of Traitors against the King and into places of Refuge for the Murtherers of the English insomuch that it cost England some Millions to reduce them again into Obedience witness Killkenny Waterford Galway Lymerick and every other place where they had power to do it Add to this that generally the trading industrious Men of the Kingdom were Protestants who had built most of the Corporate Towns above thirty at once in King James the First 's time and a great part of the Freeholds of the Kingdom did also belong to Men of the same Religion insomuch that if a fair Election had been allowed in probability no Papist could have carryed it in any one County of Ireland All which considered it was but reasonable that the Protestants that had by so much Blood and Treasure brought the Kingdom into subjection to the Laws of England and planted it in such a manner as to render it worth the Governing by the King should be secured of their Representatives in Parliament especially when out of their great Loyalty and Confidence in the Kings kind intention to them they by some new Rules had condescended that none should Officiate as Majors Portrieves Magistrates or Sheriffs in the chief Towns till approved by the Kings chief Governor for the time being Their yielding this to the King was a sufficient security one would have thought to the Royal Interest A great diminution of their Liberties and such as never was yielded before to any King but this would not serve King James to be Absolute he must have the intire Disposition of them and the Power to put in and turn out whom he pleased without troubling the Formalities of Law To bring them therefore to this it was resolved to Dissolve them all Tyrconnel knew that the Protestants would never give up their Charters without being compelled by Law and therefore he endeavoured to prevail with them to admit Papists to Freedom and Offices in them that by their means he might have them surrendred but the Resolution of Sir John Knox then Lord Mayor of Dublin and of the then Table of Aldermen spoiled that Design and forced the King to bring Quo Warranto's against them since they would not easily consent to destroy themselves 2. The Chief Baron Rice and the Attorney General Nagle were employed as the fittest Instruments to carry on this Work To prevent Writs of Error into England all these Quo Warranto's were brought in the Exchequer and in about two Terms Judgments were entred against most Charters Whereas if either Equity or Law had been regarded longer time ought to have been allowed in matters of such Consequence for the Defendants to draw up their Plea than the Chief Baron took to dispatch the whole Cause and seize their Franchises Attorney General Nagle plaid all the little Tricks that could be thought of and had an ordinary Attorney brought such Demurrers or Pleadings into Court in a common Cause as he did in this most weighty Affair of the Kingdom he would have received a publick Rebuke and been struck out of the Roll for his Knavery or ignorance After all there was not one Corporation found to have Forfeited by a Legal Tryal neither was any Crime or Cause of forfeiture objected against them yet the Chief Baron gave Judgment against
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
beating and injuring Protestants ibid. 12. In disarming them p. 67 13. The Dispensing Power of more mischief still than ill Administration First Only to be allowed in Cases of Necessity ibid. 14. Secondly In such Cases the People have as much right to it as the King Instance in the Sheriff of Warwickshire from Dr. Sanderson p. 68 15. Thirdly The wickedness either in King or People in pretending Necessity where there is none p. 69 16. King James's employing Popish Officers was such a Dispensation ibid. 17. And no Necessity for it unless such as was Criminal p. 70 18. King James dispensed with all when it was against Protestants p. 71 Sect. 4. Thirdly King James's dealing with Civil Offices and the Privy Council p. 72 1. Several outed notwithstanding Patents ibid. 2. Act of Parliament for voyding Patents Irish hereby made Keepâ—rs of Records which before they had corrupted when they could get to them p. 73 3. Revenue Officers changed for Roman Catholicks though to the Prejudice of the Revenue p. 74 4. Sheriffs and Justices of Peace from the Scum of the People ibid. 5. Privy-Councellors all in effect Papists p. 76 Sect. 5. Fourthly King James's dealing with Corporations p. 77 1. The Peoples security in these Kingdoms is the choice of Representatives in Parliament To preserve this Papists excluded from Corporations in Ireland Protestants had made great Concessions to the King by their New Rules for Corporations The King not satisfied with this but would have all p. 77 78 2. Rice and Nagle's managing of Quo Warranto's a horrid Abuse of the Kings Prerogative and the Law p. 78 79 3. Other methods of destroying Charters p. 80 4. Particular Corporations in Dublin how ordered ibid. 5. Voyding Charters led to voyding Parents for Estates ibid. 6. Corporations by the New Charters made absolute Slaves to the Kings Will. First by Consequence no free Parliament could be Returned Secondly Protestants could not serve in the Corporations p. 80 81 7. Protestants hereby driven from the Kingdom ibid. Sect. 6. Fifthly King James's Destruction of the Trade p. 82 1. Trade to be destroyed that the King might have his Will of his Subjects Poor People willing to serve for little in an Army as in France ibid. 2. In order to ruin the Protestants who were the chief Traders Driven hereby out of the Kingdom p. 83 3. This ruined a great many that depended on them ibid. 4. The Irish in employ who had the ready Mony gave it only to Papist Tradesmen p. 84 5. Exactions of the Revenue-Officers great discouragement to Merchants and Traders p. 85 6. Protestant Shoopkeepers quitted for fear of being forced to Trust ibid. 7. Transportation of Wooll connived at by Lord Tirconnell to ruin our woollen Trade p. 86 8. Roman Catholick principal Traders ruined also by King James by the Act of Repeal p. 87 Sect. 7. Sixthly King James's Destruction of our Liberty p. 88 1. No general Pardon at King James's Accession to the Crown Protestants hereby questioned for things in the Popish Plot on false Evidences ibid. 2. Protestants sworn into Plots and seditious Words Instance 1. In County Meath 2. In County Tipperary p. 88 89 3. New Magistrates in Corporations plagued Protestants p. 90 4. New Levies and Rapparee's imprisoned those that resisted their Robberies Instance in Mr. Brice of Wicklow Maxwel and Levis Queens County Sir Laurence Parsons p. 91 5. General imprisonment of Protestants from Midsummer 1689. to Christmas No Habeas Corpus's allowed Protestants of Drogheda barbarously used at the Siege and of the County of Cork by imprisonments p. 92 93 6. Hard Usage of Protestants in Prisons Powder placed to blow them up Leak's Evidence against the Prisoners in Dublin defeated by an Accident p. 93 7. K. James aware of all the ill Treatment of Protestants informed at large by the Bishop of Limrick All Protestants confined by his Proclamation to their Parishes p. 94 8. Arts to conceal this in England Intollerable staying in Ireland Necessary to close in with King William p. 95 Sect. 8. Seventhly King James's destruction of our Estates 1. By disarming the Protestants by Lord Tirconnell p. 97 1. Government dissolved that does not preserve Property ibid. 2. The Irish very low at the Prince of Oranges's Invasion Would easily have been brought to submit Protestants able to have mastered them Lord Mountjoy opposed seizing Tirconnell p. 97 98 3. Protestants resolved not to be the Aggressors were inclined to submit to King James till they found his destructive designs Monsieur d' Avaux complained of the Measures put on King James by Tirconnell p. 98 99 4. Tirconnell's Arts and Lyes to gain time pretending to be ready to submit to King William till he form'd his new Levies Lord Chief Justice Keatings Letters and Observations on it p. 99 5. New Levies necessary to be subsisted on Plunder This gave credit to the Letter to Lord Mount Alexander Decemb. 6. 1688. p. 101 6. And made Derry shut its Gates against the Earl of Antrims Regiment p. 102 7. Obliged to do thus by their Foundation p. 103 8. Provoked to it by the unjust taking away their Charter p. 104 9. This made also the Enniskiliners refuse two Companies sent by Lord Tirconnell and the Northern Gentlemen to enter into an Association for their own defence ibid. 10. Lord Tirconnell hastened to run them into blood before King James's coming p. 106 11. Justification of their declaring for their present Majesties ibid. 12. Their defence of themselves of great benefit to the Protestant Cause and almost miraculous p. 107 13. Lord Tirconnell's Lyes and Wheedles to Lord Mountjoy to send him to France p. 109 14. Lord Mountjoy's Reasons to accept it Articles granted to him by Tirconnell for the Protestants not kept p. 110 15. Lord Tirconnell proceeds to disarm the Protestants Manner of doing it and taking away their Horses A perfect Dragooning p. 111 16. Proclamation issued after it had been done by verbal Orders p. 113 17. The Arms for the most part embezled by the Soldiers who took them This had like to have occasioned a worse Dragooning prevented by the Bishop of Meath p. 113 114 18. The manner of taking up and embezling Horses p. 114 19. Miserable condition of the Protestants being disarmed amongst their Irish Enemies Protestants had the highest Legal Property in their Arms. The Government by taking them away must design their ruin p. 115 20. No Reason for disarming us but to make us a Prey p. 116 21. It was necessary in King James's Circumstances but the Necessity occasioned by his own fault ibid. Sect. 9. Secondly Lord Tirconnell's Attempts on the Protestants Personal Fortunes p. 117 1. Which he destroyed by encouraging Popish Tenants against their Protestant Landlords and swearing them into Plots Gentlemen forced to live for some time before the Turn on their Stocks p. 117 118 2. Forced into England with little ready Mony Many burnt out of their Houses in the Country Many robbed and some murthered
make it an incredible Thing is so far from being impossible that it is very common of which there are so many Examples both ancient and modern that it is a wonder that Men who know any thing of History should overlook them Nero Caligula Domitian Maximinus Heliogabalus Commodus not only endeavoured but professed it and some of them were mightily concerned that it was not in their power to accomplish it No longer ago than the time of Philip the Second of Spain we have an Example of a Christian King no better than those Heathens Whoever reads the Story of his dealing with the Low Countries must confess that he design'd the utter Destruction of the Laws and Liberties of those People and that in particular he was resolved that not one Protestant should be left alive amongst them The same has been designed and effected in a great measure by the present French King against his Protestant Subjects and he must have a great share either of Impudence or Stupidity that can deny this Prince to have designed and purposely contrived that destruction and by the same Rule that a Man can be so wicked and barbarous as to design the destruction of a third or fourth part of his People he may design the destruction of the greatrr part if they will be such Fools as to suffer him to effect it SECT II. Shewing from the Obligations of his Religion that King James designed to destroy us IT is easie to demonstrate that every Roman Catholick King if he throughly understand his Religion and do in earnest believe the Principles of it is obliged if he be able to destroy his Protestant Subjects and that nothing can excuse him from doing it but want of power This is plain from the third Chapter of the fourth Lateran Council and from the Council of Constance in the Bull that confirms it read in the 45. Session if therefore a Popish King can persuade his Protestant Subjects to submit to him whilst he doth it he is obliged by his Principles to destroy them even when they are the greater part and Body of his Subjects Now King James was as is known to all the World a most zealous Roman Catholick and ingaged with that party of them that most zealously assert and practise this Doctrine of rooting out Hereticks He gave himself up intirely to the Conduct and guidance of Jesuits these were the Governors and Directors of his Conscience and he seemed to have no other Sentiments than such as they inspired into him If then these have prevailed with the French King whom some report to be a merciful Man in his own Nature and certainly a mighty Zealot for his Honor to break his most solemn established Laws violate his repeated Declarations and Oaths and in spite of all these to persecute and destroy his Protestant Subjects if the same have prevailed with the Duke of Savoy to do the like though as he is now convinced manifestly against his Interest nay almost to his own Destruction having lost thereby his best and most resolute and useful Subjects who would have served him most Cordially against France the Enemy he ought most to dread and which one day will swallow up his Dukedom if his Allies do not prevent it If lastly they have prevailed with the Emperor to involve himself in a War that has now lasted about twenty years and almost lost him his Empire rather than suffer a few Protestants to live quietly in Hungary Is not our late Kings being of the same Principles and under the Government of the same Directors of Conscience is not his fondness of France and his Alliance with it his affecting to imitate that King in every thing and above all his prosecuting the same if not worse methods towards the Protestants in Ireland that the King of France did with the Hugonots in his Dominions a clear and full proof of both Kings being in the same design to root out not only the Protestants of these Kingdoms but likewise of all Europe and that we must all have expected the same usage our Brethren met with in France Nor could our Kings Promises and Engagements be any greater assurances to us than those of the French King were to his Subjects It is observable that King James was more than ordinarily liberal in his Promises and Declarations of favour towards Protestants He boasted in a Declaration sent to England and dispersed by his Friends there dated May 8. 1689. at Dublin That his Protestant Subjects their Religion Priviledges and Properties were his especial care since he came into Ireland He often professed that he made no distinction between them and Roman Catholicks and both he here and his Party there did much extol his kind dealings with his Protestants in Ireland What those dealings truly were I shall have occasion to shew the representation of them made in England by him and his Party was no less false than his Promises were unsincere it being plain he had a reserve in them all It is a maxim as I take it in Law that if the King be deceived in his Grant though it pass the Great Seal yet it is void much more must all his verbal Promises be void if he be deceived in them Now if we consider who were the Directors of the Kings Conscience we ought not to wonder that he made no great scruple to evade them Doctor Cartwright one of his Instruments gives us a right notion of King James's Promises in his Sermon at Rippon where in effect he tells us that the Kings Promises are Donatives and ought not to be too strictly examined or urged and that we must leave his Majesty to explain his own meaning in them this Gloss pleased King James so well that he rewarded the Author with the Bishoprick of Chester though very unfit for that Character and shewed in all his actions that he meant to proceed accordingly and the humour run through the whole party whenever they were at a pinch and under a necessity of serving themselves by the assistance or credulity of Protestants they promised them fair and stuck at no terms with them but when their turn was served they would not allow us to mention their promise much less to challenge the performance 2. It plainly appeared that it was not in King James's power if he had been disposed himself to perform his promises to us The Priests told us that they would have our Churches and our Tyths and that the King had nothing to do with them and they were as good as their words nor could his Majesty upon trial hinder them One Mr. Moore preached before the King in Christs Church in the beginning of the year 1690. his Sermon gave great offence he told his Majesty that he did not do justice to the Church and Churchmen and amongst other things said that Kings ought to consult Clergymen in their temporal affairs the Clergy having a temporal as well as a spiritual right in the
Body in their Employments had not substance enough to answer the Charges of a Suit much less the Damages expected by way of Reparation 2. After the Earl of Tyrconnel had named his Sheriffs of this stamp for the year 1687 it will hardly be found that any Protestant recovered any Debt by Execution The main Reason of this was the Poverty of Sheriffs which made Men unwilling to trust the Execution of a Bond for twenty pounds into their Hands they not being responsible even for such á small Summ as too many found to their cost The Mayors and other Magistrates in their new modelled Corporations were generally of the same sort In Dublin they could not pick up Men enough that had the face to appear as Burgesses and some of those that they named had not Mony to buy themselves Gowns I think their number was never complete It was yet worse in the Country Corporations in many places they were not able to pay the Attorney General 's Fees which stopped their new Charters till the calling a Parliament necessitated him to pass them gratis As to the inferior Officers of the Army such as Captains Lieutenants and Ensigns some hundreds of them had been Cow-herds Horse-boys or Footmen and perhaps these were none of their worst Men for by reason of their Education amongst Protestants they had seen and understood more than those who had lived wild on the Mountains 3. 'T is observable that the Men of clear Estates who followed his late Majesty from England through France as they were but very few so they had but little interest with him of which Duke Powis was one Instance and Lord Dover another Duke Powis made the Protestants believe and perhaps he was sincere in it that he was much against the Proceedings of the pretended Parliament and used his Interest with the King to put a stop to them but was not able to do it Lord Dover was actually dismissed from all his Employments and ready to leave the Kingdom some time before the Alteration happened by the Victory at the Boyn Now King James's Aversion to employ or trust Men of Estates and Fortunes and the reason of his Fondness of such Creatures as had no Being but what he gave them was obvious enough to us that felt it and they themselves did not deny it nay boasted of it as a great instance of his Wisdom He knew these could never thrive but by making him absolute that they would never demur at any Command or enquire for any other Law than his Will that they were out of all fear of being questioned afterwards or of having their Estates forfeited or Families beggared all which are great Restraints on Men of Estates and Honor. 4. And surely there cannot be a fuller Demonstration of a Prince's Design to lay aside the Laws and to rule by force without controul than his putting out Men of Substance and employing Men of broken and desperate Fortunes in places of Trust and Honor who having nothing else to depend upon but the Prince's pleasure must be absolute Slaves to it and yield a blind Obedience to all that is given them in Commission This is the Misery of a People when Servants rule over them And this was the Reason King James employed rather such than any others And it was impossible the Grand Segnior should have fitted himself better with Instruments for promoting an arbitrary Government than he did SECT VI. II. The Insufficiencies of the Persons employed by King James was of mischievous Consequence to the Kingdom 1. THE Poverty and Meanness of the Men was not their worst Fault It is possible that a poor Man may be both honest and able for the greatest Trust. But the Officers employed by King James were such that tho they had been very honest and willing to do Justice they yet must have done much Mischief by their Unskilfulness and Insufficiency for the Offices with which he intrusted them It was both King James's Misfortune and his Subjects that he employed very few of sober Sense and Experience about him whether it was that he could not get Men of Sense to go through with him in all things that he would have had done or whether it proceeded from the Servility observable in dull People whereby they flatter and gain on Princes Or lastly from a Humor incident to great Men which makes them unwilling to have Servants able to pry into their Designs But however it was it was remarkable in King James that dull heavy Men kept his Favor longer and more steadily than Men of Sense and Parts and he generallly chose out the most unfit and most uncapable for Preferments It is plain that even in England he designed the Army should be supplyed with Irish and this Project went farther than the Army he was filling the Burroughs and Corporations with them also and no Body knew where the humour would have stopped Now if there had been nothing else their being kept out of all Employments and Trusts by the Laws for many years past must have incapacitated them and all Roman Catholicks for managing the Affairs of the Kingdom to advantage they neither had fit Education nor had they applyed their minds to the Management of such Affairs they were absolute Strangers to every thing that concerned the publick and then no wonder that they went aukwardly and untowardly about Business How was it conceivable that they should escape signal and mischievous Errors in the Discharge of Offices to which they had never been bred up and of which they never thought till they were put to manage them And yet this they were constrained to do without the Aid or Assistance of any to help them and that under the most difficult Circumstances for the former Officers looked on their Offices as their Freeholds and conceived a great Resentment against such as had turned them out of them against Law and Justice and therefore left them as inâ—â—icate and their Successors as little Information as they could who according to the Nature of ignorant Men were too proud to ask assistance from the others if those had been willing to afford them instruction 2. It is not imaginable how many Inconveniences happened on this Account nothing was done by any Rule or Method the Subjects were every day oppressed and the Officers made themselves ridiculous by their Blunders and Mistakes every Body was petitioning by reason of these Grievances and no Body knew how to redress them None of the new Officers understood his own Business or how to distinguish his Province from another Man's The knavish part of Offices in putting Tricks on People and getting Money were all the Study of the new employed Gentlemen The real and substantial parts of the Offices for which they were instituted and designed were little known and less minded nor could it be expected to be otherwise Could any imagine for Example that Chancellor Fitton that had lain in prison many years and not appeared in any
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
to what he ought and this was a great Discouragement to Trading The Complaints of all People in general as well as of Merchants were great on the account of Exactions of the Officers of the Revenue who were grown up to a high degree of Exorbitance which with many other Abuses in the Kingdom proceeded from the long Disuse of Parliaments the inferior Officers being freed from that fear for twenty four years did forget that there were any to whom they were accountable besides their own Masters and therefore not only exacted upon and oppressed the Subjects but likewise treated them with insufferable Insolence while the Commissioners or Farmers strained and perverted the Laws for their own profit or to ingratiate themselves with the Courtiers on whose Favour they depended 6. There was a fourth thing that more peculiarly ruined the Protestant Trade and 't was thus the King's Revenue in Ireland was so considerable a part of each Man's Estate that most of the current Coin in the Kingdom came into the Treasury once in a year either for Hearth Money Crown Rents or some other Duties And the King having turned Protestants out of all profitable Employments and out of the Army and put in Papists his Revenue was paid out again to them and ought to have circulated indifferently amongst his Subjects as it used to do But so great was the Malice of these new Officers to Protestants that they combined amongst themselves to let them have as little of it as was possible and therefore where-ever they could lay it out with one of their own Religion they did it And very few Protestants ever received a Groat of their Money as the Citizens of Dublin can universally witness When they wanted Money they came to the Protestant Shops where they abused and affronted and terrified them if they refused to trust calling them Dogs Whigs Rebels and Traitors swearing with many Oaths that they would be revenged on them But if they had ready Money tho they had been formerly Customers to Protestants and in their Books they never came near them any more This Practice was so universal amongst them that even the Women learn'd it particularly the Lady Tyrconnel's Daughters for thus the Lady Ross and her Sister Dillon treated several Shopkeepers falling furiously upon them in the former Terms because their Servants refused to trust By the like rudeness the Exchange was intirely ruined neither Buyers nor Sellers being able to keep in it by reason of the Insolencies of the new Popish Officers who walked in it affronted and assaulted every Body or extorted their Goods from them for nothing the Shopkeepers not daring to refuse to trust them By this means the rich Shopkeepers were driven away and most of the considerable Shops shut up even in the principal Streets of the City long before we heard any News of the Prince of Orange As soon as the Earl of Tyrconnel came to the Government there was almost a Desolation in the Town and there were at least fourteen or fifteen Trades that had nothing to do the Government knew very well that this would be the Effect of their Proceedings and that the Trade Manufactures and Improvements of the Kingdom must cease if they went on at the Rate they did but they were so far from being concerned at it that they rather seemed well pleased with it 7. And to ruin our Trade intirely they suffered and connived at the Transportation of our Wool to France a thing so fatal to England as well as to Ireland that the Law has made it Felony to be punished with Death The new Mayor of Gallway Mr. Kyrovan was catched in the very Fact and the Delivery of a considerable Cargo sent by him into France was fully proved for which he ought to have been hanged but the Lord Deputy Tyrconnel notwithstanding all his Oaths and pretended Displeasure when the Mischief of it was laid before him quickly shewed this to be only a Copy of his Countenance for he not only granted him a Pardon and remitted his Forfeiture of about 10000 l. but as a further Mark of his Favour he continued him in his Mayoralty for another year Thus the Trade of the Kingdom was ruined and the Protestants who with vast Hazard and Charge carried it on had it left to their Choice whether they would stay here and starve or remove themselves to another Kingdom and I believe no Body will wonder if they had no great affection for a Government that designedly brought this hardship upon them 8. It must be acknowledged that King James did not only ruin the Protestant Trade but that he went a great way in destroying the Trade of the Roman Catholicks also It is well known that the Citizens of Gallway are the most considerable Roman Catholick Traders in Ireland many of whom had purchased Estates under the Acts of Settlement and Explanation and must therefore fall together with them They foresaw their own Ruin in the Repeal of thâ—se Acts and petitioned the Parliament that Consideration might be had of their Purchases and Improvements but this reasonable Request was denyed them those Acts were repealed and by their Repeal left the most considerable Roman Catholick Traders in Ireland without Estates or Credit to follow their Trade or to answer their Correspondents abroad I might add here the further steps made by King James towards ruining the Protestant Trade by his coining Brass Money by his lodging it in Protestants Hands seising their Stocks and Commodities whereby they were utterly disabled to trade whilst Papists were not only spared but had the Protestants Goods put into their Hand But these with the other Influences the Brass Money had to destroy us will be more proper when we come to consider the Invasions made on our Properties SECT VII VI. King James's destructive Proceedings against the Liberties of his Protestant Subjects 1. THere is no worldly thing more valuable to Man than Liberty Many prefer it to life and few can live long without it 'T is the Darling of our Laws and there is nothing of which they are more tender But the Protestants of Ireland from the very beginning of King James's Reign had their Liberties invaded and at last intirely destroyed 'T was observable that at his coming to the Crown he made no Proclamation for a general Pardon as has been usual with Kings neither did he pass any Act of Grace in his first Parliament which gave a fair opportunity to the Papists of Ireland to revenge themselves on their Protestant Neighbors No sooner had they gotten Judges and Juries that would believe them but they began a Trade of Swearing and ripping up what they pretended their Neighbors had said of His late Majesty whilst Duke of York some years before especially in time of the Popish Plot. The new Justices of the Peace were eager to exercise their Offices and therefore on the slightest occasion bound over and committed their Protestant Neighbors many times without any reason
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
a little time have unavoidably starv'd a Trades-man might expect to live by his Industry a Gentleman on his Credit in a peaceable Countrey or in War by listing themselves in any Army But in Ireland where Men neither were suffered to use their Industry nor batake themselves to Arms where they could neither enjoy the means of gaining a livelihood in Peace or War to what purpose should they stay to live at the best in Poverty Contempt and Slavery 5. As to the Clergy that left the Kingdom it is to be considered that most of those in the Countrey were robb'd and plunder'd and nothing left them to support themselves and families before they went away many were deserted by their People their Parishioners leaving them and getting to England or Scotland before them some Parishioners were so kind to their Ministers that they begg'd and entreated them to be gone which they were mov'd to do because they saw the spite and malice of their Enemies was more peculiarly bent against the Clergy and they imagined that their removing would a little allay the heat of those spiteful Men and that the Robbers would not so often visit the neighbourhood when the Minister was gone which in many places had the effect intended for the Robbers would come a great way to rob a Gentleman or Clergyman and would be sure to visit the poor peoples houses in their passages But when these were remov'd the obscurity of the meaner People did protect them from many violences Lastly many Clergymen were forc'd to remove because they had nothing left to live on their Parishioners were as poor as themselves and utterly unable to help them I do consess that there was no reason to complain of the Peoples backwardness to maintain the Clergy on the contrary they contributed to the utmost of their power and beyond it and made no distinction of Sects many Dissenters of all sorts except Quakers contributing liberally to this good end which ought to be remembred to their honour but after all in many places a whole Parish what with the ruin and desolation brought on the Kingdom and what with the removal of the Protestant Parishioners was not able to contribute 20 s. to maintain their Minister and meer necessity forced away these Ministers Against some others the Government had peculiar piques and exceptions those were in manifest hazard of their Lives and in fear every day of being seiz'd and brought to a Tryal on some feign'd Crime And several both of the Clergy and Laity were forc'd to fly on this account for their safety All these I look on to be justifiable reasons of Mens withdrawing If any went away on any other principles who were not in these or the like circumstances I shall leave them to the censure of the World but I believe very few will be found for whom either their publick or private circumstances may not justly apologize 6. It is not to be suppos'd that Men would have left their plentiful Estates and Settlements their well furnisht Houses and comfortable ways of living as most of these who went away did had they not been under the greatest fears and pressures Wives would not have left their Husbands nor Parents their Children Men of Estates and Fortunes would not have ventured their Lives in little Wherries and Boats to pass Seas famous for their Ship wracks if they could with any comfort or safety have stayed at home I know King James took care to have it suggested in England that all these left Ireland not out of any real fear or necessity but only with a disign to make him and his Government odious but sure they must think the Protestants of Ireland were very fond of a Collection in England that can imagine so many thousand people of all sorts and sexes should conspire together to ruine themselves and throw away all that they had in the World out of malice and only to bring an Odium on a Party that had done them no harm 7. Neither was it as some suggest a vain and pannick fear that possessed them that went away for that could not continue for a Year or Two but those that had lived under King James a Year and half were as earnest to get away as those that went at first and the longer they liv'd under him their fear and apprehensions increas'd the more on them being already ruined in their Fortunes and their Lives in daily and apparent hazard from military and illegal proceedings They liv'd amongst a People that daily robb'd plundered and affronted them that assaulted their Persons and threatned their Lives and wanted only the word to cut their Throats and sure 't was then time to withdraw from the danger at any rate and I am confident I speak the sence of the generality of those that stayed that if the Seas had been left open some few Months before his Majesty appear'd in the Field in Ireland far the greatest part I may venture to say almost all of those that had stayed till then would have gone away with their Lives only rather than have continued here longer Whoever knows the cruelty and malice of those with whom we had to deal will own these fears to be reasonable Yet for this we were condemned to death and forfeiture and the very Children barr'd of their rights against the known Laws and Customs of the Kingdom SECT II. A justification of those Protestants who staid in Ireland and lived in submission to King James's Government 1. NOt withstanding the great number of Protestants that fled to England yet many stay'd behind perhaps some may accuse their Prudence in venturing to stay under such circumstances but otherwise I think little can be objected against them however lest any should entertain any sinister thoughts of them 't will be necessary to say something in their behalf They were of Four sorts 1. the meaner People 2. Gentry of Estates 3. Such as had employments and 4. the Clergy 2. First as to the meaner People 't is to be considered that it was no easy thing to get away the freight of Ships and Lycences were at very high rates and sometimes not to be purchased at all Many of the Countrey People could not get to the Sea Ports they had little Money their riches were in their Stocks and these being plundered they were not able to raise so much money as would transport them and their Families and they generally came too late to the Ports A strict Embargo being laid on all Ships before they could get to the Sea side many of the Citizens of Dublin and other Sea Ports got off but were forc'd to leave their Shops and Concerns behind in the hands of their Relations and Dependents who were obliged to stay to take care of them Others thought it unreasonable to leave all they had to go to beg in a strange Countrey and having no body to trust with their Concerns resolv'd to hazard themselves together with them If these
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
the assistance of so wise a Council will disperse I must needs say both from my own Observation and the Information I have had from my Lords the Judges who often visit the whole Kingdom that there is a great readiness and willingness in all People to serve and obey the King I must here a little enlarge to your Excellency because I reckon my self bound to give the King an account of his Subjects and I would not willingly say any thing when I am at such a distance which I have not mentioned here The English in this Country have been aspersed with the Character of being generally Fanaticks which is a great Injury to them I must do them the justice to say that they are of the Church of England as appears by their Actions as well as Professions The Churches here are as much frequented and the Discipline of the Church as well observed as in England it self which is to be attributed to the Piety and Labour of my Lords the Bishops We of the Church of England can brag that when Rebellion overspread the three Kingdoms not one Orthodox Member of our Church was engaged against the Crown And in our late Disorders we can boast we were Opposers of the Bills of Exclusion and the Sense his Majesty has been graciously pleas'd to express of our Loyalty will never be forgotten by us I had the happiness to be born a Member of the Church of England and I hope God will give me the Grace to die one One thing the English of this Country have to glory in That of all his Majesty's Subjects they made the earliest Advances towards his Majesty's Restoration when the three Kingdoms were governed by Usurpers And after all the Endeavours of his Loyal Subjects in England seemed to be disappointed and there appeared no Hopes by the total defeating of Sir G. Booth the English then in this Kingdom offered to submit to his Majesty's Authority I do not say this my Lord to detract from his Majesty's R. C. Loyal Subjects many of whom I my self knew serv'd and suffered with him abroad but I speak it in justice to the others who did their Duty There is but one thing more I shall trouble your Excellency with I am sorry that I cannot say that I leave a full Treasure but I can say that I leave no Debts The Revenue is in good Order which must be owned to be due to the unwearied Industry and Diligence of the Commissioners The Army is intirely paid to Christmass day last and I have advanced a Month's Subsistence-money for January The Civil and Pensionary Lists are likewise cleared to Christmass I doubt not but your Excellency's Care will carry all things on in the same Method God Almighty bless the King and grant him long Life and I beseech God to prosper this excellent Country I received this Sword in Peace and I thank God by the King's Command I deliver it in Peace to your Excellency and I heartily wish you Joy of the Honour the King has done you A General Abstract of the Gross Produce of his Majesty's Revenue in Ireland in the three first Years of the Management beginning at Christmass 1682. ending Christmass 1685.  1683 1684 1685. Customs Inwards Impt. Excise 85844 17 2â…œ 91424 8 8â— â— 91117 13 65 â— Customs Outwards 32092 11 4½ 33425 15 2 29428 8 11½ Seizures and Fines 965 2 3½ 615 1 5â— â— 460 11 5¼ Prizage 1452 1693 1882 Inland Excise 68344 1 3â…œ 77580 3 7¼ 79169 4 4¾ Ale Licenses 8283 14 11â— 4 9538 4 46 8 99â—5 14 11â— â— Wine c. Licenses 2736 12 3114 10 2â— 2 3467 11 3¾ Quit Crown and Custodiam Rents 68699 9 7â…œ 68385 8 0¼ 68922 4 5â— 2 Hearth-Money 31041 31646 32953 12 00 Casual Revenue 820 3 3 1745 16 2 1564 16 11¼ Totals l. 300297 11 11â— 4 319168 7 9 318961 18 0â— 8 Arrears of each of the above-Years remaining uncollected at Christmass 1685. 7659 1 6â…œ 9799 9 8½ 34971 9 3â…ž Net Cash paid into the Treasury in the three Years above-mention'd over and besides the Charges of Management and Sallaries to the Officers of the Revenue in the said time 712972 17 2â…œ Cash remaining in the Collectors Hands at Christmass 1685 ready to be paid in 55655 10 3½ The Solvent Part of the above-mention'd Arrears which was actually levied and paid into the Treasury before Christmass 1688. 30000 00 00 Total Cash l. 798628 07 5â…ž Which at a Medium for three Years amounts for each Year to the Sum of 266209 00 00 Sheriffs for the Year 1687. Febr. 16. 1686. Counties Sheriffs Ardmagh Marcus Clarke Antrim Cormuck O. Neil Cavan Lucas Reily Clare John Mac. Nemara of Cratelagâ— Corke Nicholas Brown of Bantrey Catherlogh Sir Lawrence Esmond Dublin Thomas Warren Downe Valentine Russell Donnegall Charles Hamilton Fermanagh Cohonnagh Mac-Gwire Galway John Keâ—â— Esq Kildare John Wogan King's County Hewar Oxburgh Kilkenny John Grace Esq Kerry Donogh Mac-Gellicuddy Leitrim Alexander Mac-Donnel Lowth Patrick Bellew Limerick Edward Rice of Ballynitty Longford James Nugent Esq Meath Walter Nangle Esq Monoghan Sir John Flemming Mayo Dominick Browne Queen's County Edmond Morris Esq Roscomon John Dillon Esq Sligoe Henry Crafton of Longford Tyrone Terence Donelly Wexford Patrick Colclough Westmeath Thomas Nugent Wicklow Francis Meara Waterford John Nugent Londonderry Elected by the Charter Cipperary Appointed by the Duke of Ormond John Plunkett Lessee of Christ. Lord Baron of Dunsany Plantiff Philip Tuite and John Rawlins Defendants Sir Edward Tyrrell's Affidavit about packing of Juries WHereas there issued two several Venire Faciases at the Plantiff's Suit returnable to his Majesty's Court of Exchequer directed to Edward Tyrrell Esq then High Sheriff of the County of Meath the first Year of his now Majesty's Reign Now Sir Edward Tyrrell Baronet came this day before me and made Oath That one Mr. Plunket Brother to the said Lord of Dunsany came to Longwood to this Deponent's House and desired this Deponent to stand the Lord Dunsany's Friend and to give him a Jury that would do him Right and withal said this Deponent should have after the said Lord of Dunsany should be restored to the Possession of his Estate the sum of three or four hundred Pounds To which this Deponent answered He would do him Justice The said Mr. Plunket desired this Deponent to meet him at Mr. Nugent his Counsel's House where he would further discourse the Matter This Deponent did accordingly meet the said Thomas Plunket where several Proposals and Overtures were made all to no purpose This Deponent further deposeth That in some short time after the said Lord of Dunsany came to this Deponent's said House and after some Discourse he the said Dunsany desired this Deponent to befriend him against those that wronged him and kept him out of his Estate Whereupon this Deponent told the said Lord of Dunsany what offer his Brother made him The said Lord of Dunsany replying said His Brothers
were Masters of Nor was it a difficult Matter for them so to do the Consternation being so great and so suddain that even the Officers of the Port either out of Commiseration to the departing Crowd of Women and Children or being amaz'd at the suddainness of the Fright neglected to do their Duty whereby this City and the Adjacent Parts are almost drained dry as to Cash and Plate which is manifest from Guineas being sold at 12 d. per piece over and above the usual Rate On the other Hand the Roman Catholicks were very many of them under equal Fears and indeed all of them except the Army who by their Calling are exempt from or at least from owning it pretend equal Dread from the Protestants who as they alledg'd far exceeded them in the Northern Parts and were extraordinarily well Arm'd and Hors'd but their greatest Apprehensions arise from a constant and uncontradicted Assurance which Private Letters by every Pacquet brought hither that the Duke of Ormond with a considerable Army and many experienc'd Officers was to Land forthwith in Munster And in this Condition now stands this poor Kingdom the Contending Parties being equally afraid or at least pretending to be so of each other which cannot but beget great Anxiety and Sorrow in the Mind of every good Man who hath the least Concern for his King or his Country In the interim the Lord Deputy intrusted by his Majesty with the Government of this Kingdom and keeping it entire in its Obedience to all his Commands doth daily grant Commissions to raise and procure Arms and Ammunition for great Numbers of Men In doing whereof considering the great Trust reposed in him no Man of Honour or moral Honesty can truly blame him But at the same time he takes all Opportunities both Private and Publick to declare That whenever his Majesty shall signifie his Royal Will and Pleasure for disbanding the Army that now is or hereafter shall be raised upon the Commissions now issuing or shall give direction for any other Alteration in the Government he will without one Day 's hesitation himself and those of his Relations and other Dependents in the Army whom you know to be very Numerous give an exact Obedience And if any should be so Fool-hardy as to scruple or make the least delay of doing so they shall in a few Days be taught and compelled to do their Duty I must likewise tell you That in this Conjuncture of Affairs the Thieves and Robbers are not only become more Numerous but likewise much more Insolent and instead of small Thefts do now drive away by Force whole Herds and sometimes when overtaken deny to restore the Prey This in many Places and especially in the North-west is done by the Cottiers and Idlers in the Country but father'd generally on the Army of which I have now an Instance before me from Ballenglass All this I know you have had repeated to you from divers Hands however I thought my self obliged in the Station which I hold to give you this summary Account of our present Condition which God knows is very bad and in all humane probability if we take not up more Charity than as yet we have for each other will receive sharp Corrosives and bitter Potions to bring us even to the hopes of living though in great Penury and Want Nor can we expect in Case that any Resistance shall be made by the Roman Catholicks here that we shall see any End thereof until the Buildings Plantations and other Improvements of Thirty Years Expence and Industry be utterly wasted and the Kingdom brought to the last degree of Poverty and Confusion and from the most improved and improving Spot of Ground in Europe as you saw it Six Years since become a meer Acheldama and upon the matter totally desart For Armies when once raised must be maintained by the Publick or will maintain themselves Nor can Military Discipline be expected where the Soldier hath not his Wages and whether that can be had out of the publick Treasury here I referr to you who have weighed the Revenue of the Kingdom when at the best even to a Drachm But after all this I am confident and assured That the Government of England will and must at length take place here against all Opposition whatsoever It hath cost England too much Blood and Treasure to be parted with but if it should come to a Contest of that kind the Victors I fear will have little to bragg of and will find in the Conclusion nothing but Ruins and Rubbish not to be repaired in another Age. Nor will the People thereafter reckon of any Security or Stability in this Kingdom so as to apply themselves to the repair of them but expecting such periodical Earthquakes here will provide themselves of Retreats in England and Scotland as many have of late and daily do Your Patience is I fear by this at an End when you begin to enquire with your self To what purpose it is that I have given you all this Trouble I must confess your Enquiry is not without Reason but however to you whose Friendship I have always found and valued my self much on it I do without difficulty declare what hath induced me hereunto The wonderful Alterations which a Month's Time hath produced in England in regard to the Protestant Religion and the Universality of it the little Blood that hath been spilt in so great a Change the few Acts of Hostility and little disquiet which has as yet appear'd has almost perswaded me That this Unfortunate Kingdom may by the Interposition of moderate Men be restored to the same Estate of Religion and Property that it rejoyced in Seven Years since with an addition of further Security for the preservation of both if more be requisite considering the many Acts of Parliament still in Force in this Kingdom It cannot be imagined Sir but there are very many who having either lost their Estates upon the Forfeitures of 1641. or by their Profuseness and Prodigality spent what they were restored to would willingly see the Kingdom once more in Confusion and Blood designing by Licentiousness and Rapine to supply their Extravagancies There want not on the other Hand some who conceive That the Court of Claims has contrary to the Settlement taken from them their Possessions without Reprisals and very many who being put by their Employments and Commands wish for a Time to expostulate with those who are possessed of them But all these in my humble Opinion ought to give way to the publick Quiet and Settlement of a whole Nation ready to fall into Ruine I am verily perswaded That with a little good Management the generality of the Roman Catholicks and indeed of the whole Kingdom would be very glad to be put into the same Condition in all respects as they were Six Years since and desire no more than an Assurance it should not be made worse And if there be Faith to be found in Man
or to a Field of mine that lies convenient for him I tell him that I have no mind to part with them He offers me Money for them I tell him that I will not sell them He tires me out with Importunities and at length I consent to part with them in exchange for some other things as good as they But I tell him withall that I my self will be Judge whether they are so or not since it is at his importunity and to please him that I part with them And besides that I am resolv'd to be possessed of the Equivolent at the same time that I part with my own there being no reason why I should dance attendance after him and wait his leisure for my Reprizal My Lords If these be the true Conditions of Reprizals as I presume they are I am confident that not one of them is like to be observed in the intended Reprizals not the first of them For by the Petitions that have been before your Lordships and by an additional Clause in your Lordships Alterations wherein you have saved all Remainders expectant on Estates for Lives most of the Reprizable Persons must Part with an Inheritance to them and their Heirs and get only in Lieu of it an Estate for Life which will determine with the Life of the forfeiting Persons So here is not Equal Value Worth and Purchase Not the Second For the Parties themselves are not made the Judges but the Commissioners And I dare say that if they were made the Judges there is not one of them that are to be turn'd out that will part with their present Possessions or that judge the Reprizal to bear any proportion with the Estates they are to quit Not the Third For by the Commons Bill they are to be turn'd out immediatly and wait for a Reprizal afterwards and all the Favour they can obtain from your Lordships is only to have a competent time for their removal which may be long or short as the Commissioners please but out they must go at the discretion of the Commissioners and wait their leisure for a Reprizal This is the first Objection against this Bill The next is that it is not for the Publick Good either for the King or the Kingdom or the People in it It is not for the good of the King who is the Vital Head of this great Body and that whether we respect his Majesties Honour or his Profit It is not for his Majesties Honour to consent to the Ruining of so many Innocent Loyal Persons as must unavoidably perish if this Bill doth pass It is not for his Honour to rescind those just Acts of his Royal Father and Brother the Act for Adventurers passed in England and the Declaration and Acts of Settlement and Explanation which if I am not misinform'd were five years upon the Anvil and at last not pass'd till all Parties were fully heard It is not for his Majesties Honour to break his word with his People nor violate so many repeated Promises as he hath made that he would not Consent to the Repeal of them And as it is not for his Honour so it is not for his Profit or Advantage it will neither preserve him in the Kingdom that he enjoys nor restore him to those that he has unhappily lost His Profit in this Kingdom must arise out of a Constant Payment of his Revenue both Ordinary and Extraordinary And who is able to pay His Revenue or support the Dignity of his Crown if this Bill passeth into a Law The Protestants are not able the Rapparees have Plundered them of all their Substance and here is a Bill to take away their Estates and consequently they will have nothing left to pay the Publick Taxes of the Nation And as for the Romanists they will be in as ill a Condition as the Protestants The Old Proprietor comes Poor and Hungry into his Estate and can pay nothing till his Tenants raise it and the present Possessor loseth the Benefit of his Purchases and Improvements and who then is able to supply the Necessities of His Majesty Besides this in many parts of the Kingdom the Land is hardly able to pay the Kings Quit-Rent by reason of the Universal Depredations that Reign every where and can it be imagin'd but that things will grow far worse when the ablest Catholick Merchants and the most Wealthy Purchasers of that Communion are ruin'd and undone And as it is not for the Kings Profit in this Kingdom so it is to the utter Ruine of his Interest in the Kingdoms that he has lost Will the Protestants in England and Scotland join heartily in restoring him to his Crown when they understand how their Brethren here are used No My Lords They will rather bend and unite all their Forces to hinder his Restitution when they consider that the mischief is like to come home to their own Doors and that what is a doing here is but a Model of what they must suffer if he be restored Will they trust his Word in England when he breaks it in Ireland or rely on his Promises to them when he doth not keep them to his Subjects here This my Lords will abate their Affections for him and gain him more Enemies there than he can have Friends here It is not for the good of the Kingdom and that if we consider it in reference to Trade Wealth Improvements Husbandry It will ruine the Kingdom in point of Trade Divine Providence hath placed us in an Island where we must Trade or want many conveniences of Life and can we expect that the Trade of this Nation will increase in our hands when we find it sunk so low by the removal of the Protestant Merchants effects out of the Kingdom and for those Catholick Merchants that carry it on in some measure can we believe that they will be able to carry it on when we are ruining their Stocks by taking away their Estates and Improvements from them Nay we shall not only ruine our own Traders at home but break their Correspondents abroad whose effects are in their hands We have passed a Bill in this House for the Inviting Strangers to Settle and Trade among us but it is worth considering whether the Course we are now taking will not hinder the Nation of the intended benefit of that Bill for if Foreign Merchants come among us what Security have they but the Publick Faith of the Nation and it is not probable that Strangers will rely upon it when they observe that it is so ill kept towards our own people If Trade decays the Wealth of the Nation must perish with it for they live and die together Wealth cannot subsist without Trade or without security for Debt And who will ever lend Money or Purchase or Improve in this Kingdom after this when the Money that hath been lent and the Purchases made from Persons deriving their Estates under two Acts of Parliament many years
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
be the peculiar Obligation that lies on us from the Oaths of Supremacy and Allegiance which tho it should be allowed lawful for a Foreign Prince to interpose would yet make it necessary for us to fight for our own Prince But to this I answer 1. That those Oaths were made by us to the King as Supreme Governor of these Kingdoms and while he continued such they did oblige us but by endeavouring to destroy us he as Grotius observes in that very Act abdicated the Government since an intention of Governing cannot consist with an intention of Destroying and therefore in all equity we are absolved from Oaths made to him as Governor That this may not seem a new Doctrine I would have the Reader observe that I only transcribe the Learned Falkner in his Christian Loyalty l. 1. c. 5. s. 2. n. 19. Such Attempts saith he of ruining do ipso facto include a disclaiming the governing those Persos as Subjects and consequently of being their Prince or King and then the Expression of our publick Declaration and Acknowledgment would still be secured that it is not lawful upon any pretence whatsoever to take Arms against the King 9. But Secondly No Oath of Allegiance doth oblige any Subject to assist his Prince in an ill Cause If therefore a King should against the Rules of Justice attempt to destroy a Neighbor Nation his Subjects who were convinced of this ought not to fight for him in such a War and if they ought not to assist him to oppress Foreigners much less is it lawful for them to assist him to destroy themselves or to fight against a Prince who comes to rescue them from Destruction intended against them and if no Protestant Subject could lawfully fight for King James in his Quarrel against their present Majesties it is manifest that he himself had thereby voided that Branch of the Oath of Allegiance of fighting for him by making the matter of it unlawful he having brought the Nation into such a Condition that at the same time they defended his Person they must enable him to accomplish his destructive Designs against them which no Casuist will say they were obliged to do They therefore that urge us with the Obligation of the Oaths of Allegiance ought either to make it appear that it was lawful for us to fight for him in an ill Cause or else that it was not an ill Cause to help him to destroy his People Or Thirdly That he had no such Design against us none of which I have yet seen attempted in any Paper that has appeared in his Defence 10. But Thirdly As to us particularly in Ireland his late Majesty King James and his Parliament here by a formal Act did repeal and make void all former Acts that required the tendering or taking those Oaths and left not one legal standing Oath in force whereby we or any other Subjects besides Soldiers were obliged to profess Subjection to him therefore those Oaths being repealed and voided by the King 's own express Act how could he expect that we should look upon our selves to be bound or obliged by them And indeed we must conclude from his Majesties consenting to repeal them either that he designed to release us from the peculiar Obligation arising from them as too strict or else that he did not design to depend on our Oaths for our Loyalty and therefore laid them aside as of no force to oblige us either of which must proceed from an intention to destroy the ancient Government with which he was intrusted and can signifie nothing less than that he did not intend to rule us as his Predecessors did or to depend on those Obligations of Subjection which they judged proper for the Subjects of these Kingdoms to give their King and that as he did not intend to keep his Coronation Oath to us so he did not value our Oath of Allegiance to him having left none that we know of in this Kingdom which any Law obliges us to take CHAP. II. King James designed to destroy the Protestant Religion the Liberty and Property of his Subjects in general the English Interest in particular and so alter the very Frame and Constitution of the Government SECT I. Shewing the Possibility of a Kings designing the Destruction of his Subjects 1. I Have in the former Chapter shewed that it is lawful for a Prince to interpose between another Prince and his Subjects if he attempt to destroy them I promised in the second place to shew that the late King designed and endeavoured to destroy and utterly ruin the Protestant Religion and English Interest in Ireland and to alter the very Frame and Constitution of the Government This I look on as the most material point of our Apology and to need the most clear and full proof for Jealousies and Fears in such a Case ought not to pass for Arguments or be brought into competition with a certain and plain Duty that is with Obedience to lawful Governors The Arguments therefore brought by Subjects to prove their Governors Design to destroy them in those Interests to preserve which is the only Reason of Mens desiring or submitting to Government ought to be so plain and evident that the Conscience of Mankind cannot but see and be convinced of their Truth especially the generality of the Subjects themselves ought to be fully satisfied and acquiesce in them 2. I know 't is commonly objected Who shall be Judge And for this Reason alone some conclude it can never be lawful to make any opposition against a Governor or to side with a Deliverer that comes only to rescue miserable Subjects but I answer there are some Cases so plain that they need no Judge at all every Man must be left to judge for himself and for his Integrity he must be answerable to God and his own Conscience Matters of Fact are often of this Nature and I take this to be one of them for either the People must be left to judge of the Designs of their Governor by what they see and feel from him or else they must be obliged to a blind and absolute Submission without employing their understanding in the case And I dare appeal to all the World whether it be safer to leave it to the Judgments and Consciences of a whole Kingdom to determine concerning the Designs of their Governor or to leave it to the Will and Conscience of the King whether he will destroy them One of these is unavoidable and I am assured it is less probable that the Generality of a Kingdom will concur in a Mistake of this Nature and less mischievous if they should mistake than that a King by Weakness wicked Counsellors or false Principles should design to make his People Slaves subvert the ancient Government or destroy one part of his People whom he hates in favour of another 3. That a Prince may design to destroy his Subjects tho the Asserters of Absolute Passive Obedience would
Kingdom but Kings had nothing to do with the managing of spiritual affairs but were to obey the Orders of the Church It is true King James highly resented this and the Preacher was banished or voluntarily withdrew from Court but in this he spake the general sense of the Clergy indeed of the Roman Church to which the King had given himself up and must be forced to submit to it at last The Kings Promises therefore or his Laws could signifie nothing towards the securing us except he could get the Roman Church to join in them and become a party to them for whilst the Governours of that Church challenge the whole management of spiritual things and King James owned their power so far that he consented to abolish the Oath of Supremacy that denies it for him to promise safety and liberty to Hereticks and make Laws about the worship of God and Liberty of Conscience is clearly according to their Doctrine to give away what is not his own and dispose the rights of another without consulting the party interessed and according to all Casuists such promises are void they that speak most favourably of the Council of Constance which is supposed to determine that no Faith is to be kept with Hereticks make this Apology for the Council The Emperor Sigismond granted without consulting the Council a safe conduct to Jerome of Prague the Council condemned him for Heresie and ordered him to be burnt the Emperor interpos'd to justifie his safe conduct but the Council answered that he was not obliged to make it good to the Heretick because it was not in the Emperor to grant a safe conduct to secure a Man against the Justice of the Council without consulting it this is the most favourable representation I have met with of this matter and even thus it is a sufficient caution for all Protestants not to trust Kings or Princes of the Roman Communion in matters that relate to the Church or Religion without the express consent of that Church or Religion without the express consent of that Church if they do it is at their own peril and they cannot blame those Princes when they fail in their Promises for they had sufficient warning not to trust them since they engage for a thing that according to their own confession is not in their power but is avowedly the right of another SECT III. The same proved from the Professions of that whole party who were most privy to King James's Counsels THE second Argument whence it appears that the King designed utterly to destroy and ruin his Protestant Subjects in Ireland is from the Oaths Professions and Affirmations of those who were his Confidents and Instruments used by him to bring it to pass From the very beginning of the French Persecution the Papists of Ireland began to shew their fondness of that Monarch and as their love to him commenced with that Persecution so it increased in proportion to his barbarity and they could never speak of it without Passion and Transport but after his late Majesty came to the Crown they openly declared that they liked no Government but that of France that they would make the King as absolute here as that King was there they affirmed both publickly and privately with many Oaths that they would in a short time have our Estates and Churches that if they suffered us to live they would make us hewers of wood and drawers of water that Ireland must be a Catholick Country whatever it cost and as for the English they would make them as poor devils as when they came first into Ireland and they assured us that this was no rash surmise of their own but that it was premeditated and resolved and that we should quickly find it by the effects of which they were so confident though we could not believe them that some of the most serious amongst them advised their Protestant Friends in private with all earnestness to change their Religion for said they you will be forced to do it at length and if you delay but a little time it will be too late and perhaps you may not be accepted for no Protestant must expect to injoy any thing in this Kingdom and we resolve to reduce all things to the state they were in under Henry VII before Poinings Act. In answer to this we told them that the Laws were on our side and the King had promised to Govern according to Law and to protect our Church and Liberties but they laught at our Credulity pisht at the Laws as mere Trifles and unanimously declared that the Kings Promises to maintain the Government in Church and State were intended only for England and were not meant to reach us and withal intimated that the same would be done in England though not so soon for the truth of all which I may refer my self to almost as many Protestants as were then in Ireland there being few but were Witnesses of such Discourses and the Kings Conduct towards us was such as left no room for us to doubt but that these People knew his mind and that all his Promises and Declarations in our favour were perfectly coppied from the French Kings Declarations to preserve the Edict of Nants and of as little Sincerity and that notwithstanding these he had as fully determined our ruin as that King had resolved the voiding the Edict of Nants when he made his solemn Declarations to the contrary SECT IV. The same destructive designs against his Subjects proved from the qualifications of the Officers employed by King James 1. THIS destructive design appears in the third place from the persons he Employed in all Offices of Trust or Power It is well known to the World and to many thousands yet alive that in the year 1641. there was a most bloody Massacre committed in this Kingdom on the Protestants by their Neighbours the Papists in which some hundred thousands perished and that not one Protestant whom they spared escaped without being robbed and plundered of all he had if not stripped and turned out naked to the extremities of Cold and a desolate Country and to such a degree of madness they proceeded that they destroyed the Houses Buildings Churches and Improvements of the Kingdom out of their malice and inveteracy to the Protestants the Founders of them but these Barbarians at last were by the Protestants subdued and brought to submit to mercy after which Conquest the Conquerors in the year 1660. joined indeed were more forward than the People of England in bringing home King Charles II. and generously gave up themselves together with the Kingdom of Ireland without Articles or Conditions into his hands The King in recompence of so signal a Service and to reprise the Conquerors for their Blood Treasure and Losses gave them back a part of what they had given him but withal restored the Conquered under certain qualifications to another part of the forfeited Lands who though restored by the Kings mere
bounty yet retained in them the same Principles of Popery that at first stirred them up to Rebellion and to Massacre their fellow Subjects and having besides this their old hatred to the English new edged and heated by seeing the Conquerors possest of the Estates which they themselves by their Rebellion and Cruelty had lost they from time to time let us see their hopes and wishes of Revenge to which the favour they found at the English Court under the shelter of the late Queen Mother and the prospect of the Duke of Yorks's coming to the Crown gave foundation and encouragement Neither could they hide their resentments so as to prevent a just fear and jealousie of them in the Protestants who had so lately and in so signal a manner suffered by them in all their dearest Interests yet these were the persons whom King James chose for his Ministers and Officers with whom he resolved to trust the Employments the strong Holds the Arms and Justice of the Nation a thing so extravagant that we challenge any one to shew a parallel case in any History No body would ever have taken the Arms and Courts of Justice out of the Conquerors hands and put them into the hands of the Conquered exasperated by the loss of their Honours Liberties and Estates except he had a mind they should revenge themselves and recover all that they had lost before and they had been manifestly wanting to their own Interest if they had slipt this opportunity If they hated us so much in 1641 that without provocation and whilst in possession of theâ— Estates they rose as one Man and attempted to destroy us if they were so set on it that they ventured to do it without Arms Discipline or Authority on their side and where the hazard was so great that it was ten to one if they succeeded what could we expect they should do now when provoked to the heighth by the loss of their Estates when Armed Disciplined and entrusted with all the places of Strength Power and Profit in the Kingdom This alone is a Demonstration that the King who thus put us in the power of our inveterate and exasperated Enemies either was extremely mistaken in his Measures or designed our destruction I am sure we must have been destroyed if God had not prevented it almost by a Miracle 2. It is a Maxim in our Law that the King can do no wrong because he executeth nothing in his own person but has Officers appointed by Law to excute his Commands who are obliged not to obey him if he command any thing that is illegal If any Officer obey him in such unlawful Commands it is at his own peril and he is accountable for it the Kings Command being no excuse or protection to any Man for his doing an illegal thing Whilst therefore the King Employs only persons amenable to the Laws that have a value for their Honor for the Liberty of their Country and the Publick Good and have Estates to answer for what wrong they do to the Subjects in executing their Offices there is no great danger of his doing much harm to his People though his intentions were ever so mischievous against them it being the great security of the Subjects and restraint on the Officers of the King that they cannot do any wrong but the injured person has his remedy against them by Law 3. This I remember is all the Humane security Doctor Hicks in his Jovian allows us to preserve our Liberties c. against a tyrannous King And he supposes it so effectual a bar to all attempts of this Nature that he pronounces it impossible for our King to turn Tyrant But the event has sufficiently confuted his surmise and shewn not only the possibility but the actual performance of what he supposes impossible for King James made it his business to find out and actually pitched on a Set of Officers and Instruments that as he expresses it in one of his Declarations would obey him without reserve against whom the Current of the Law was stopt and who were in no condition to make amends for the mischiefs they did all which will appear if I make out 1. That they were Men of little or no Fortunes 2. Unable and unsufficient to discharge the Offices committed to their Trust. 3. That many of them were Men of such loose Principles and Morals that they could not be supposed to stick at any wickedness which was for their Interest 4. That their Inclination and Genius led them to destroy the Laws Liberty and Religion of the Kingdom 5. That most of them were unqualified by Law for the Offices into which they were placed and therefore could not be supposed to study the preservation of those Laws in defiance of which they acted Now if it appears that these were the qualifications of most of King James's Officers and Instruments in Ireland I suppose it will be a further Demonstration of his Intentions and of what we were to expect from him SECT V. I. That the Officers employed by King James were Men generally of little or no Fortune 1. I Suppose the true Reason why one Man is allowed to possess a greater Estate in a Common-wealth than another and to maintain himself by the Labor of other People is that he may be at leisure to attend the publick Business of his Country and that having such a considerable Stock in the common Bottom he may be the more careful to preserve it from sinking Out of such Men therefore of Fortune and Interest every wise and well designing King will supply himself with Officers For their Interest will help to support him and will procure his Commands Obedience and their Fortunes will secure the Subjects from being injured by them their Estates being Pawns to the Publick for their good Behaviour and Reprizals to those they have injured But for this very Reason King James generally employed Men of little or no Fortunes and very often the Scum and Rascality of the World This made him so fond of the Irish who had lost their Estates who depended wholly on him and had no other possibility of subsisting but by espousing his Interest and serving him without reserve I cannot blame them for being ready to embrace the Offer but it was certainly very impolitickly done or an indication of an ill Design in him to employ and espouse Men of such ruined and broken Fortunes I have put into the Appendix a List of the Civil Officers of the Collonels and Lieutenant-Collonels of his Regiments and of the principal persons that he brought along with him from France so far as I could gather them up and it will appear upon view that very few of them were Men of clear Estates and most had no pretence to any at all The Sheriffs and Deputy Lieutenants of Counties were generally poor and mean people many of them had been Servants in the meanest condition to Protestants who if they injured any
Court a Stranger to the Kingdom to the Laws and to the Practice and Rules of Court and withal a Man of a heavy and slow Understanding should on a sudden be able to dispatch the Business of the highest Court in the Kingdom and penetrate into the most intricate Causes which are commonly determined in that Court He was so far from this that he was forced to make many needless References to the Masters in Causes that had no difficulty in them This was the general way of his dispatching Causes And then what Report could be expected from Mr. Stafford one of these Masters a Popish Priest noted and exposed by his own party for want of Sense and who perhaps had never been within the Courts till he sate down as one of the Masters of the Chancery or from the other Masters who were yet more ignorant and unexperienced if possible than he 3. If we take a view of the Country we shall find their Case rather worse One that a few days before was no other than a Cowherd to his Protestant Landlord perhaps was set before him on the Bench as a Justice of the Peace and preferred to command as Captain in the Field or a Deputy Lieutenant in the County I am assured that some were thus preferred without passing through any intermediate steps to prepare or fit themselves for the better Discharge of those Places The Consequence of which is easie to be imagined every one that is acquainted with Business and Dispatch knows what a Torment it is to have to do with raw and unexperienced Officers who must be taught by him that comes to have his Business done how they should go about it and which is often hardest to do he must convince them that they are mistaken or do not understand their own Offices which such Men are most unwillingly brought to own and yet no Busisiness can be rightly done till they are convinced of it This was the condition of all the Offices in Ireland from the King 's Privy Council and Secretaries of State to the High Constables which without any other Defect must and did bring many Inconveniencies to the Kingdom 4. But after all if none but Men of ordinary parts and tolerable natural fagacity had been employed tho unexperienced and uneducated time might have taught them and made them at least tolerable if not dexterous at their Business But the generality of those who were preferred had such weak Understandings and unimprovable Capacities that they who were superseded by them could not reflect on it without the greatest Indignation to see Men not much removed from Idiots put into their Places and Offices which they had bought with their Mony and had taken considerable pains and spent a good part of their Lives to qualifie themselves to execute whereas those that succeeded them had nothing of Improvement or Education and withal were so proud and lazy and dull that they neither would nor could make themselves better by Application or Industry who had nothing to recommend them to the King but that they were Papists and such as he believed would never scruple any Command however illegal or absurd so it tended to weaken or destroy Protestants which was the sole Qualification that recommended them SECT VII III. King James had gotten a Sett of Officers fitted to destroy a Kingdom by reason of their loose Principles and want of Moral Honesty 1. THE Instruments King James used to carry on his Design were not only very poor and insufficient for their Places but they were likewise Men fit to be employed in ill Designs and it is hardly credible how rare it was to find amongst them a Man that had ordinary Moral Honesty It is true they seemed to make Conscience of hearing Mass and not eating Flesh on Fridays but hardly of any thing else To have been always reckoned a Knave was no Exception or Bar to any Man's Preferment amongst them they declared they must make use of such Those that were infamous whilst the Government was in the Hands of Protestants for Forgeries Perjuries Robberies and Burglaries were all indifferently employed by them That some such should be admitted into the Army is not so much to be wondered at but that honest Gentlemen should be turned out to make room for them was intolerable and yet here not only the Army but even the Courts of Justice were filled with such One of the new Examinators of the Chancery was formerly detected of a Forgery Several of their Burgesses nay Sheriffs were notorious Thieves and some burnt in the Hand The Speech of one of their new Justices of the Peace gave some Diversion it was one Mr. Stafford for whom the Master of Chancery his Son had procured a Commission of the Peace it was soon after the Earl of Tyrconnel came over Governour and it fell to the new Justice's turn to give the Charge at the Quarter-Sessions in which he set forth as well as he could the Happiness of the Kingdom under the new Government Amongst other Conveniences that we reap by it said he it has rid us of Tories for all those are taken into the King's Army And the Truth was many of these that had been indicted outlawed nay condemned got Commissions The famous Tories the Brannans who had been guilty not only of Burglary and Robbery but of Murther also who were under Sentence of Death and had escaped it by breaking Goal were made amongst the rest Officers and the Earl of Tyrconnel seemed to bear a peculiar favour to these Tories and a spite to such as had been diligent to suppress them There was a famous Tory in Munster one Power who did abundance of Mischief and disturbed the whole Country Mr. Fitz-Simons a Gentleman of the Army had rid the Country of him by which Piece of Service he deserved very well but instead of being rewarded he was one of the first Protestant Officers that was cashiered There was another notable Tory one Flemming that was very troublesom and mischievous in Leinster some Troopers by their diligence surprized him and cut him off it was observed that the Earl call'd out those Troopers first and cashiered them some considerable time before he turned out the rest of the Troop which every Body interpreted to be a Mark of his Displeasure for that Service I have heard it observed that there were at least twenty noted Tories Officers in one Regiment and very few Regiments were without some 2. There was another sort of People had mighty favour with them I mean Converts to their Religion A man may I confess upon just motives or such as seem just to him change his Opinion and Religion and cannot justly be condemned of Dishonesty for so doing but he is certainly a very dishonest Man that dissembles or alters his Opinion without any other visible motive besides Gain or Preferment Now this was the Case of many of their Officers Several of the Children of the Papists of the Kingdom had
formerly been taken up and bred by Protestants some in one station and some in another they commonly were taught to read and write and many of them by the kindness of their Masters were preferred some became Counsellors at Law some Attornies some Clerks others continued menial Servants and Footmen Upon the Change of Affairs most of these began to despise their Benefactors or Masters and to count themselves better than those who had educated and taught them and in order to get Preferments altered their Religion in which their Masters with much care had instructed them and declared that in their Hearts they had been all along Roman Catholicks Above one hundred Footmen on these Declarations were advanced to be Captains Whereas their living so long in the profession of the Protestant Religion if they did not believe it was to all honest Men an Argument of so great Hypocrisie that the person guilty of it one would think should not have been trusted by any that valued either Truth or Honesty but if this Declaration was only feigned as I am apt to believe it was in many then their Conversion was an effect of Covetousness or Ambition and an Act of H pocrisie to be abhorred by all good Men. However to perswade the World that they were real they were very severe and mischievous to Protestants in general especially to those that had been kind to them whilst in an inferior condition And it was observable of these Converts that they immediately on their Reconcilement made themselves signal by some eminently wicked Act. Thus the Earl of Clancarty soon after his being reconciled murthered a Butcher at Moyallo by â—ossing him in a Blanket Captain Nangle after his murthered one Kelly in the Street Lieutenant Mac Gennis murthered Captain Hamilton Sir Maurice Eustace murthered I think two upon his Conversion One Warren murthered one Wilton Captain Waller murthered a Player one Blacbourn Captain Maurice murthered a poor Piper and was made High Sheriff of the Queens County Sir Gregory Birn turned in order to carry a Suit at Law against Captain Fitz Gerald which he is supposed to have carried by very indirect means as most that heard the Tryal believed it being strongly surmised by them that he had suborned Witnesses and corrupted the Sheriff to pack a Jury Captain Callahan was content to introduce his Conversion by affronting the Judge at Waterford breaking open a House and beating the Cryer of the Court to the hazard of his Life In short their Converts both Men and Women became infamous by very notorious Wickednesses The Men by Murthering Forgery Perjury Robbery Swearing and Cursing and the Women by Lewdness and prostituting themselves yet those of both Sexes were cherished and encouraged amongst them and for being Converts were in special request and next in the way to preferment 3. Lastly It was remarkable amongst them all Converts and others that they were very uncharitable and void of all compassion They turned vast numbers of Protestants out of their Houses and left them no other way of subsisting but begging and yet we rarely found that any of them gave a Farthing to the most necessitous Protestant Beggar they did not look on themselves at least did not act as if they had owed Faith Truth Justice or Civility to any Protestant They affronted abused betrayed and imprisoned every Body that would not be as wicked and as irreligious as themselves They often drank Damnation and Confusion to all Hereticks especially to the Prince and Princess of Orange and not content with this if any Protestant chanced to be in company they would endeavour to force it on him and abused or imprisoned him for his refusal 4. When they came to put in for Possessions of their ancient Estates it was frequently observed that several put in for the same Estate and pretended to be the Sons or Descendents of the Proprietors insomuch that four or five Affidavits point blank contrary to one another have been produced in Chancery at the same time the Chancellor was a little at a loss what to do till a Protestant Lawyer told him there was a Survey taken of the Kingdom in which twelve Men upon their Oaths had returned who was Proprietor of each parcel of Land in 1641. This he found to be a more certain Rule than a thousand Affidavits so little value had the King's Courts and his Popish Chancellor for the Oaths of those persons whom King James chose to employ and cherish instead of Protestants The Truth is they were People that made no distinction between Right and Wrong but as they served their Interest and therefore he chose them purposely to destroy the Liberties and Laws of the Kingdom in general and the Protestants in particular and no body can deny but they were well chosen for the Work for which he designed them and unfit for any else SECT VIII IV. King Jame's Officers were of such a Genius and Inclination as led them to destroy the Laws Liberties and Religion of the Kingdom 1. WHoever will be at the pains to look back on the State of Ireland before it was conquered by the English will find that the Heads of Septs were absolute over their Tenants their Wills passed for Laws and all their Proceedings were merely arbitrary and despotick This was the ancient Constitution of Ireland and the English who came over at first had by their Conversation with the Irish learn'd much of their Manners they made their Tenants Vassals and Slaves as much as the Irish had been to their Chiefs except in the English Pale which was a Scope of Ground that reached about twenty Miles from Dublin and even in some Places there the Tenures of the Country Farmers were exactly that which the Law of England calls Villanage the Tenant having nothing he could properly call his own Whatever the Landlord had occasion for he sent to his Tenants House and caused it to be brought to him without consideration or allowance or if he pleased he went to the Tenant's House with his Retinue and there staid as long as he thought fit eating and drinking and using every thing the Tenant had as his own This Practice was called Coshering and several Laws have been made against it 2. The old Landlords that had not forfeited their Estates in 1641 still kept up this way of dealing with their Tenants tho secretly and were so burthensom to them by their Exactions and Cosherings that the Tenants were miserable and poor and their Estates unimproved whereas the English and those that had English Education and took to their manner of Living were content with their Rents from their Tenants who by that means were able to live well grow rich and improve their Farms The native Irish who happened to fall under a Protestant Landlord would hardly ever after be perswaded to come under one of his own Religion a little Experience sufficiently shewing unto him the Difference between a Landlord who required no more than his Due
and the old petty Tyrants that claimed not only a Right to all his Tenant's Substance but likewise a power over his life 3. But many of the old Landlords lost their Estates by Outlawries and Attainders for their Rebellion in the year 1641 and for their murthering the Protestants at that time Many of them had sold their Estates and some had mortgaged them for more than their value two or three times to several persons a Practice very common in Ireland but it is observable that it is the humor of these People to count an Estate their own still tho they have sold it on the most valuable Considerations or have been turned out of it by the most regular Proceedings of Justice so that they reckon every Estate theirs that either they or their Ancestors had at any time in their possession no matter how many years ago And by their pretended Title and Gentility they have such an influence on the poor Tenants of their own Nation and Religion who live on those Lands that these Tenants look on them still tho out of possession of their Estates as a kind of Landlords maintain them after a fashion in Idleness and entertain them in their Coshering Manner These Vagabonds reckoned themselves great Gentlemen and that it would be a great Disparagement to them to betake themselves to any Calling Trade or Way of Industry and therefore either supported themselves by stealing and torying or oppressing the poor Farmers and exacting some kind of Maintenance either from their Clans and Septs or from those that lived on the Estates to which they pretended And these pretended Gentlemen together with the numerous Coshering Popish Clergy that lived much after the same manner were the two greatest Grievances of the Kingdom and more especially hindered its Settlement and Happiness The Laws of England were intolerable to them both nor could they subsist under them 4. As to the Popish Landlords who yet retained their Estates it put them out of all patience to find that the Bodough their Tenant so as they call the meaner sort of People should have equal Justice against them as well as against his Fellow Churl that a Landlord should be called to an account for killing or robbing his Tenant or ravishing his Daughter seemed to them an unreasonable Hardship It was insufferable to Men that had been used to no Law but their own Will to be levelled with the meanest in the Administration of Justice and every time they were crossed by a Tenant that would not patiently bear their Impositions they cursed in their Hearts the Laws of England and called to mind the glorious Days of their Ancestors who with a Word of their Mouths could hang or ruin which of their Dependents they pleased and had in themselves the power of Peace and War 5. This Humor in the Gentry of Ireland has from time to time been their Ruin and engaged them in frequent Rebellions being impatient of the Restraint the Laws of England put on their Power tho they enjoyed their Estates and they still watched an opportunity to restore themselves to their petty Tyrannies and were ready to buy the Reftitution of them at any rate The other sort of Gentlemen I mentioned as they called themselves who were outed of their Estates as well as of their Power by the same Laws hated them yet worse and their Clergy pushed them on with all the Arguments that ignorant Zeal or Interest could suggest insomuch that all sober Men as well as Protestants reckoned these the sworn Enemies of the Laws and Liberties of the Kingdom and were assured that they would stick at no conditions to destroy them their Interest Inclination and Principles all concurring to engage them to do it 6. Now these very Men were the Officers and Instruments King James employed and trusted above all others He espoused their Interest from the time that he had thoughts of the Crown they were his Favourites and Confidents and to provide for them he turned his English and Protestant Subjects first out of the Army then out of their Civil Trusts and Employments and lastly out of their Fortunes and Estates He knew very well that the Tempers and Genius of those Men were at enmity to the Laws and fitted for that Constitution of Slavery under which he designed to bring the Kingdoms He found that none were more fawning to their Superiors than they nor did any flatter with more Meanness and Servility and according to the nature of such People none are more insolent and tyrannous to their Inferiors And this was the reason that they were so dear to King James and that he preferred and trusted them rather than his Protestant and English Subjects The Bargain between him and them was plainly this restore us to our former Power Estates and Religion and we will serve you as you please in your own way An Expression that King James and all his Creatures often used and were very fond of 7. These People found that the King 's Legal Power could never restore them to the condition at which they aimed that the Power and Station they desired was absolutely contrary to the Laws in being and that no Legal Parliament would ever alter the Laws and Constitution of the Kingdom to gratifie them No wonder therefore if they espoused and promoted an absolute and despotick Power in the King and if he and they concurred so heartily to introduce it To do them Justice they made no Secret of it but professed it publickly and on all occasions and accordingly practised it in their several Stations They reckoned and called every one a Whig and Rebel that talked of any other Law than the King's Pleasure They were liberal of their Curses and Imprecations on all occasions but they exceeded and became outrageous against any one that durst alledge that their Proceedings were against Law Damn your Laws was frequently their word it is the Kings pleasure it should be so we know no reason why our King should not be as absolute as the King of France and we will make him so before we have done Nay so extravagant were many of them that they would swear with repeated Or ths that all Protestants were Rebels because they would not be of the King's Religion An Expression I suppose they learned from the French Dragoons 8. Some would undertake to argue the Case with such as seemed more moderate amongst them and put them in mind of the possibility of the Change of the Government and that then the Argument would be good against themselves but they had not patience to hear any such thing mentioned And they generally swore with the most bloody Oaths and bitter Imprecations that they would never subject themselves to any King that was not of their own Religion and that they would lose the last drop of their Blood rather than part with the Sword and Power put into their Hands on any consideration whatsoever These were not the Discourses of one or
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
Neighbours Cities especially Dublin encreased exceedingly Gentlemens Seats were built or building every where and Parks Enclosures and other Ornaments were carefully promoted insomuch that many places of the Kingdom equalled the Improvements of England The Papists themselves where Rancour Pride or Laziness did not hinder them lived happily and a great many of them got considerable Estates either by Traffick by the Law or by other Arts and Industry 2. There was a free Liberty of Conscience by connivence tho not by the Law and the King's Revenue encreased proportionably to the Kingdom 's Advance in Wealth and was every day growing it amounted to more than three hundred thousand pounds per annum a Sum sufficient to defray all the Expence of the Crown and to return yearly a considerable Sum into England to which this Nation had formerly been a constant Expence If King James had minded either his own Interest or the Kingdoms he would not have interrupted this happy Condition But the Protestants found that neither this nor the Services of any towards him nor his own good Nature were Barrs sufficient to secure them from Destruction 2. It is certainly the Interest of all Kings to govern their Subjects with Justice and Equity if therefore they understood or would mind their true Interest no King would ruin any of his Subjects but it often happens that either Men are so weak that they do not understand their Interest or else so little at their own Command that some foolish Passion or Humour sways them more than all the Interest in the World and from these proceeds all the ill Government which has ruined so many Kingdoms Now King James was so bent on gaining an absolute Power over the Lives and Liberties of his Subjects and on introducing his Religion that he valued no Interest when it came in competition with those 3. Every Body that knew King James's Interest and the true Interest of his Kingdoms knew that it concerned him to keep fair with Protestants especially with that party who were most devoted to him and had set the Crown on his Head and this had been in the Opinion of thinking Men the most effectual way to inlarge his Power and introduce his Religion but because it did not suit with the Methods his bigotted Counsellors had proposed he took a Course directly contrary to his Interest and seemed to take a peculiar pleasure in affronting and oppressing those very Men whom in Interest he was most concerned to cherish and support His Proceeding thus in England was visibly the Cause of his Ruin he had left himself no Friend to stand by him when he stood in greatest need of them Upon his coming to Ireland the Protestants had entertained some favourable Hopes that he would have seen and been convinced of his Error and would now at last govern himself by other measures it was manifestly his Interest to have done so and nothing in probability could have allayed the Heats of England and Scotland so much as his Justice and Kindness to the Protestants of Ireland nor could any thing have had so much the Appearance of an Answer to those many and evident Arguments by which they demonstrated his destructive Designs against those Kingdoms as to have had it to say that in Ireland where it was in his Power he was far from doing what they surmised he intended to do in England or if he had ever any such intentions it was plain he had now altered them These things were laid before him by some that wish'd well to his Affairs and had more Prudence than his furious and bigotted Counsellors and sometimes they seemed to make Impressions on him but the Priests and needy Courtiers who had swallowed in their Imaginations the Spoils and Estates of the Protestants of England as well as of Ireland could not endure to hear of this They seemed mightily afraid lest he should be restored to his Throne by consent of his Protestant Subjects For if so said they we know it will be on so strict Conditions that we shall gain but little by it it will not be in his power to gratifie us And not only they but the Irish in general likewise endeavoured to make his Restitution by way of Articles or Peace impracticable and impossible A Design so extremely foolish that it is strange any should be found so sillily wicked as to promote it or that King James should be so imposed on as to hearken to it and yet it is certain he did at least at some times entertain it and was heard to express himself to one that pressed him to Moderation to Protestants on this account that he never expected to get into England but with Fire and Sword However his Counsellors were not so weak but they saw what disadvantage his dealing with the Protestants had on his Interest in England and therefore they took care to conceal it as much as possible they stopped all Intercourse as far as they could with England they had a party to cry up the mildness of King James's Government towards the Protestants to applaud the Ease the Plenty the Security in which they lived and to run down and discredit all Relations to the contrary that came from Ireland These endeavoured to perswade the World that there was no such thing as a Bill of Attainder or of Repeal no Act taking away the Preferments or Maintenance of the Clergy nor any Imprisonment or Plundering of Protestants no taking away of Goods by private Orders of the King or levying of Monies by Proclamations In short they did that which on all occasions is the Practice and indeed Support of Popery They endeavoured to face down plain matter of Fact with Forehead and Confidence and to perswade the World that all these were mere Forgeries of King James's Enemies As many as believed these Allegations of theirs and were persuaded by them that the Protestants of Ireland were well used by King James were inclined to favour him a certain sign that if they had been really well used by him it would have gotten him many Friends and perhaps reconciled some of his worst Enemies But the Design entertained by him and his Party required the Ruin of Protestants and of their Religion whereas his Interest required that it should not be believed that he designed either and therefore Care was taken to prosecute the Design with all eagerness and deny the Matter of Fact with all impudence and his Majesty took care to promote both for he ruined the Protestants of Ireland by his Acts of Parliament and by the other Methods we shall hereafter speak of and by his Proclamations sent privately into England to his Partisans there assured the World that the Protestant Religion and Interest were his special care and that he had secured them against their Enemies It was his Interest to have done as well as pretended this but the carrying on his Design was so much in his Thoughts that he chose to sacrifice his
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
prevail all that could be obtained was a Clause implying that the Commissioners that should be appointed to execute the Act should set him out a Reprizal under the same Limitations under which he held the Town and Lands of Mollingar which as one of the House of Commons expressed it was a Mouthful of Moonshine So little regard was had to the Services or Merits of Protestants 6. And they had no reason to expect it should be otherwise for there was no regard had to the most considerable Papists where their Interest interfered with the general Design It was resolved to destroy the Act of Settlement the Foundation of the English and Protestant Interest in Ireland This brought along with it Destruction to many Papists that held Estates under it which they had purchased since the year 1662 as well as to Protestants Those Papists were very numerous and more wealthy than the rest especially in Connaught and they were likewise very zealous for King James and many of them in his actual Service and venturing their Lives for him at the time of passing the Act of Repeal yet this did not hinder him from giving away their Estates by that Act to the old Proprietors In short if serving King James truly and faithfully even to their own prejudice whilst it was for his Advantage and his Circumstances needed their Service could have merited his Favour most Protestants had supererogated but all this passed for nothing with him he would be served his own way that is he would have Protestants been active to destroy their Properties Liberty and Religion he would have had them lend their Hands to tie the Chains of Slavery for them and their Posterity to which they had already contributed too far to oblige his Humor both before and after his coming to the Crown against the common Interest of the Kingdom Nothing less than the same blind Obedience would serve him in the State which his Clergy require in the Church which we would not by any means pay him and therefore it was in vain for us to think of preserving our selves by any Merit or Service we could render him he did not think any thing a Protestant could do with a good Conscience to be a Service And if we did all was required yet there never wanted persons about his Majesty who had Malice enough towards us and Interest enough with him to misrepresent our most meritorious Actions 8. Nor was the good Nature and merciful Disposition of King James any greater Security to the Protestants of Ireland than their own Merits towards him There are 't is true Kings in the World that have an absolute Power over the Lives and Liberties of their Subjects and yet govern them with such Justice and Mercy that they suffer very little inconveniency by it but the Examples of this kind are so very rare that it is ill trusting any one with such a Power King James's Partizans made it their Business to represent their Master as the most merciful and justest Prince in the World and then they railed at us that grudged to lay our own and our Posterities Lives and Liberties at his Feet Perhaps if he alone had been to have had the Disposal of them and would have followed his natural Inclinations we should not so much have feared to have trusted him but whilst he had such Ministers about him and embraced a Religion of such Principles as he professed we had no Reason to depend much on his natural Clemency or Inclination for these were sufficient to corrupt the best natured Man in the World 9. No doubt but Charles the Fifth of Germany was of as compassionate and generous a Nature as any Man yet that did not keep him from making havock of his Subjects on account of Religion besides all his Wars and Bloodshed to suppress the Reformation he destroyed by way of legal Process fifty thousand in the Inquisition a Barbarity I believe hardly equalled by Nero Francis the First of France was a Prince equal to any in Generosity and Nobleness of Nature and yet he made no less Havock and Destruction in his Dominions on the same Account The present French King is a Demonstration that neither Love of Glory nor of Interest neither Greatness of Mind nor Goodness of Nature are Antidotes against the Force of Romish Principles or can restrain the Prince that has throughly imbibed them from Blood and Persecution otherwise he would never have made himself infamous by such horrid Cruelties as he has committed on his Protestant Subjects or brought an indelible Blot on a Reign which he would fain have represented to be more glorious than any of his Predecessors It is not necessary that what has been said should bring in question the good Nature or merciful Temper of King James tho we confess we were unwilling to trust it too far We had before our Thoughts the Proceedings in the West of England where we saw his Clemency did not interpose but suffered more to be prosecuted tryed condemned and executed for that one Rebellion and yet it was not so considerable as many others than perhaps had suffered in that manner for many of the Rebellions since the Conquest We found that he consented to attaint above two thousand five hundred of the most considerable persons of this Kingdom and that his good Nature might not be a Temptation to pardon them he put it out of his power to do it by the same Act. After his coming into Ireland very few Pardon 's passed the Great Seal perhaps not three nor had many so much as the promise of a Pardon given them tho very many needed and desired it Many of the Country People who were not of the Army were brought up Prisoners they pleaded that they were not concerned in the Wars that they lived in their Houses and on their Farms and submitted only to the stronger without engaging in the Cause but all to no purpose they were used worse than the Soldiers who were Prisoners and suffered to starve in Jails if the Charity of their Fellow Protestants had not relieved them Many who were wronged and oppressed petitioned his Majesty for Redress but their Petitions were rejected at best mislaid and the Petitioners were so far from obtaining any Answer that they often could never hear what became of their Petitions 10. The chief Counsellors of the King were the Popish Clergy and the Descendents of such as had shed the Blood of so many Protestants in the year 1641 who then ruined and destroyed the Kingdom and made it a heap of Rubbish and a Slaughter-House and whilst he hearkened to the Suggestions and Councils of such it was not possible for him to exert his good Nature and Clemency towards us It was the continual Business of these Counsellors to incense the King against us to represent us as People unworthy of any Favour Humanity or Justice that we were all Rogues Villains and Traitors and not fit to be allowed
preservation of the Kingdom and that he designed to advance the Popish Irish Interest in Ireland which every Body knows cannot be done without the utter ruin of the English Protestants 3. Yet all this we patiently endured and exercised our Charity in relieving the poor cashiered Soldiers and in putting the ruined Gentlemen into a way of Subsisting which was generally by sending them over Seas to Foreign Service and perhaps their Clamours and Sufferings did contribute to move the Compassion of the Prince of Orange our present Sovereign and forward his Designs 4. In the mean time the new raised Forces and Officers being put into Arms and Command to which they were Strangers into good Cloaths and mounted on Horses for which others had paid behaved themselves with all the insolence common to such sort of Men when unworthily Advanced They every where insulted over the English and had their Mouths continually full of Oaths Curses and Imprecations against them they railed on them and gave them all the opprobrious names they could and if any Chastized them for their Sauciness though ever so much provoked they had the Judges and Juries on their side They might kill whom they pleased without fear of Law as appeared from Captain Nangles murthering his disbanded Officer in the Streets of Dublin but if any killed or hurt them they were sure to suffer as Captain Aston found to his cost who was hanged for killing a Papist upon his abusing the Captains Wife in the Street They immediately ruined all the Protestant Inns of Ireland partly by oppressing them with Quarters partly by paying nothing for what they had in their Quarters and partly by driving away other Guests by their rudeness 5. In this insolence they continued and daily increased till the Prince of Orange came into England But then new Commissions were issued out with all dilligence of one sort or another sometimes five hundred in a day All the Scum and Rascallity of the Kingdom were made Officers every where the Papists arm'd and inlisted themselves and the Priests suffered no Man to come to Mass that did not Arm himself with at least a Skean and half Pike The new Commissioned Officers were obliged without Pay to subsist their Men as they termed it for three months a thing impossible for them to do since most of them were not able to maintain themselves The better sort of their Captains and inferiour Officers had been Footmen or Servants to Protestants One Gentlemans Cowherd was made a Lieutenant but he would fain have capitulated with his Master to keep his place vacant for him if his Commission did not hold Most of them were the Sons or Descendents of Rebels in 1641 who had murthered so many Protestants Many were Outlawed and Condemned Persons that had lived by Torying and Robbing No less than fourteen notorious Tories were Officers in Cormuck ô Neals Regiment and when forty or fifty thousand such were put into Arms without any Mony to pay them we must leave the World to judge what apprehensions this must breed in Protestants and whether they had not Reason to fear the destruction that immediately fell on them they saw their Enemies in Arms and their own Lives in their power They saw their Goods at the mercy of those Thieves and Robbers and Tories now armed and Authorized from whom they could scarce keep them when it was in their power to pursue and hang them And they had all the Reason in the World to believe that a Government that had armed such Men of desperate Fortunes and Resolutions was so far from protecting them which is the only end of all Government that on the contrary it designed to destroy both their Lives and Fortunes The latter of which as will appear by the sequel they have in a manner intirely lost 6. I could never hear any thing pretended for these proceedings except it were either 1. That the Army were the Kings Servants and every Man may employ what Servants he pleases or 2. That Protestants would not concur with the Kings intentions and therefore there was a necessity of dismissing them And 3. as to the general arming the Papists and Plundering the Protestants that it was necessary in order to raise and encourage an Army otherwise the King had had nothing to trust to 7. As to the first of these It is not true that every Man may entertain what Servants he pleases because one ought not to entertain any that are not qualified as the Law requires 2. If it were granted that the Case were the same between the King and his Army as between a Master and his Servants and that a Master might entertain what Servants he pleased neither of which is true yet it is to be considered that where another pays the Servants the Master must be obliged to keep such Servants as well answer the design of such as afford the Wages Now it was the Kingdoms Mony that paid the Soldiers it was given the King by a Protestant Parliament to preserve the Protestant English Interest and suppress the conquered Irish Papists as appears by the Acts themselves it was paid by them out of their proper Fortunes and Estates and for the King to Employ the Mony so given and paid him to Arm those whom it was designed to suppress and destroy those who gave it is the greatest breach of Trust and prevarication of which any can be guilty 8. As to the second Reason that Protestants would not concur with the Kings intentions I believe it is true but the Reason was because the Kings intentions were to destroy the Laws Liberty and Religion Established in his Kingdom they had and would have answered every just intention of the King nay such as were Employed by him had concurred further with him than was perhaps justifiable And his laying them aside as unserviceable to his Designs is a plain Demonstration that those Designs were irreconcilable to the good of the Kingdom and the Protestant English Interest 9. As to the third Reason that it was necessary in order to raise an Army for the King to Arm all the Rascallity of Ireland and to let them destroy the Protestants to subsist and hearten them I answer that this owns a Necessity if not a Design of destroying us and considering that the Papists only by their wicked Counsels had brought that necessity on the Kingdom it can never be imputed to the Protestants by any wise Man as a Crime that they were unwilling to comply with the King to their own Destruction or that they rather chose to be delivered by his present Majesty than ruined by King James and his foolish Counsellors Upon the whole the ordering the Irish Army as it was by King James is a plain Demonstration of his Design to destroy us and a great step towards it and he had effectually done it had not the Providence of God raised up his present Majesty to Relieve us SECT III. Secondly King James's ordering the Courts of
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
a hundred Charters or thereabouts upon such little Exceptions and pittiful Cavils that it must be the greatest affront to the understanding of Mankind to think to put such on them for Justice and the greatest profanation of the name of Law to endeavour to pass such Proceedings for Legal Admit that a Corporation which is an invisible Body in Law could do any thing to destroy its own being or that it were reasonable it should be divested of a particular Privilege which it has manifestly abused or when by alteration of Circumstances such a Privilegde becomes a Prejudice to the Publick as it sometimes happens Yet to Dissolve all the Corporations in a Kingdom without the least Reason or Pretence of abuse of Priviledge or Forfeiture to take advantage from the Ignorance of a Lawyer or the mistake of a Clerk nay to pretend these when really there is no such thing is such an abuse of the Kings Prerogative and the Law that it is enough to make the People oppressed by colour of them to hate both at least to wish the Administration of them in other Hands and this was clearly the Case of the Corporations in Ireland The City of Dublin was not allowed so much time to put in their Plea as was really sufficient to transcribe it as it ought to have been The Clerk mistakes the Date of one of their Charters they pray leave to mend it this is denyed them and the Chief Baron gives Judgment The same Term the Charter of Londonderry in which the City of London was so deeply concerned was condemned on a yet more frivolous Pretence upon which the Chief Baron gave Judgment against the Charter And upon the like wrangling Cavils were the rest dissolved except a few which were on Noblemens Estates Some of these Noblemen employed Roman Catholick Agents or Receivers who so managed their Estates for them as chiefly to encourage Papists and now became the Instruments to betray their Corporations Those Agents employed the Power and Interest they had amongst their Masters Tenants by Threats and Intrigues to procure Surrenders and by these means some few were influenced Thus one Potter a Papist employed as a Receiver by the Earl of Kildare betrayed his Lord and prevailed with Athy and some other Corporations on his Estate to Surrender 3. Whether they did not think fit to destroy the Charters upon their usual and trivial pretence of defective Pleading there they found out other Expedients without Tryal to destroy them And that was by granting a New Charter as in the Case of Bangor in the County of Down to such Men as the Attorney General thought fit who by the Sheriff should be put in Possession of the Government of the Town and then if the former Possessors thought themselves injured they might bring their Actions against the Intruders in the Tryal of which they had Reason to expect no more fairness than they found in the Proceedings against their Charters 4. This Contrivance of superseding a former Charter by granting a new one served to very good purpose There were many particular Charters granted to Corporations in the City of Dublin Such were the Corporations of Taylors Skinners Feltmakers c. where these refused to Surrender they got a few of the Trade to take out a new Charter by which Papists were constituted Masters and Wardens and as soon as they had taken it out they committed to Prison such of the ancient Members as would not submit to them 5. Every Body dreaded the Effects of these Proceedings the Gentry considered that they held their Estates by Patents from the King and the Title was no stronger than that of a Charter And if Men were outed of their Priviledges and Freedoms by such Tricks and Shaddows of Law they began to fear that one day or other the like might be found to void their Patents 6. As soon as the Corporations came to be supplied with new Charters it plainly appeared that no English or Protestant Freeman could expect a comfortable Life in Ireland for in the first place the Corporations were made absolute Slaves to the King's Will it being one Clause in all the new Charters that the King 's chief Governor should have power to turn out or put in whom he pleased without giving any Reason and without any Form of Legal Proceeding by which the Corporations were so much in the King's Power that he might with as much reason have named his Regiment of Guards a Free Parliament as the Burgesses return'd by such Elections The whole Kingdom had therefore reason to resent such Proceedings as being absolutely destructive to their Liberties but more especially the English Protestants for it plainly appeared in the second place that all this Regulation was more immediately designed for their Destruction The persons every where named for Aldermen and Burgesses in the new Charters being above two thirds Papists some few Protestants were kept in for form sake that they might not seem absolutely to discountenance them and to avoid discovering their Designs of turning them out of all but yet so few in comparison of the Papists that they were incapable of doing either good or hurt And when they saw that they must be insignificant they generally declined serving at all The Papists employed were commonly the most inveterate and exasperated persons against Protestants and their Interest that could be found Many of them never saw the Corporations for which they were named they were never concerned in Trade or Business many of them were named for several Corporations because they wanted Men qualified as they would have had them to make up the number of Aldermen or Burgesses Most of them were poor and mean and such whose very Names spake Barbarities 7. The Protestants foresaw very well what they were to expect from Corporations thus settled and a great many of the richest trading Citizens removed themselves and their Effects into England The Gentry likewise endeavoured to make Provisions for themselves there and such as could compass Money laid it out in England and fled after it to avoid the Storm they saw coming on Ireland The Truth is 't was intolerable to them to live under the Government of their Footmen and Servants which many must have done had they staid and they could not but dread a Parliament that should not only be Slaves to the King's Will who they saw was bent to settle Popery at any rate but which must consist of Members that they knew to be their inveterate and hereditary Enemies who would not stick to sacrifice the Liberties and Laws of the Kingdom to the King's Will so they might procure from him Revenge on the Protestants and turn them out of their Estates For what would they stick at that were so servile as to accept such precarious Charters They saw in this their own Ruin design'd and the Event has shewn that they were not mistaken perhaps no King in the World much less a King who had been obliged in
so high a manner as King James had been by his Protestant Subjects did ever take so much pains to ruin his Enemies or condescend to such mean Acts as he did to ruin us SECT VI. V. King James's destructive Attempts upon the Trade and Trading Part of the Nation 1. TRade is of so great advantage to a Kingdom and the Profit it brings to the Exchequer is so considerable that it is hardly credible that any King should contrive to destroy it in his own Kingdom and yet King James has given us just reason to conclude that he designed the Ruin of it in all his Kingdoms at least was well pleased with it Many Roman Catholicks who pretended to know his mind have confidently affirm'd that he purposely let the Ships of England decay and rot that the French might grow great at Sea and destroy the Trade of the English The Reason pretended for doing so was to humble his Subjects and take away their Wealth from them that made them proud and surly so that the King could not have his Will of them I speak the Language of these Roman Catholicks and the King himself could not sometimes forbear Words to the same purpose And if we consider the Condition in which their present Majesties found the English Fleet the thing will not want probability It was further pretended by many of King James's Officers that it was more for the King's Advantage to have his Subjects poor than rich For said they you see how willing the poor Irish are to enlist themselves Soldiers for two pence a day who know no better way of living but it were impossible to bring the rich Churls of England so they usually called them from their Farms and Shops on such terms to serve the King They further alledged that the Poverty of the Generality of France is the Reason that they are so willing to be Soldiers and makes them so easily maintain'd when they are enrolled Upon such destructive Maxims did they found their design of ruining Trade in these Kingdoms 2. But whatever be said to the general Design it is certain King James ruined the Trade of Ireland in prosecution of his purpose of destroying the Protestants there The Money and Wealth circulated in their Hands and few others had either Stock Understanding or Credit to carry on a Trade besides them They innocently imagined if there had been no other Reason that this alone would have prevailed with the then Government to have permitted them to live secure easie and quiet but they quickly found that King James and his Ministers wou'd rather have no Trade at all in the Kingdom than it should be in the Hands of Protestants Merchants have generally their Stock in Moveables so that it is easie for them to transport themselves and their Effects into another Country if they find themselves uneasie in their own And sure the Protestant Merchants could not be easie in Towns which they had formerly governed and in which they were now subjected to mean inconsiderable People many of which had formerly been their own menial Servants but now advanced to the Honor of being Magistrates treated their late Masters with such Affronts and Abuses as are intolerable to Free Men and which Solomon observes make even wise Men mad 3. This together with the apprehension of danger to their Lives and Fortunes from the advancement of such indigent and malicious persons to Power did drive most of the rich Traders out of the Kingdom The rest contracted their Stocks called in their Debts and resolved to give over Trading or else follow their Neighbours into England as soon as they could clear themselves of their Business the effect of this Resolution of theirs was ruinous to all such as were indebted to them or in their Books for it was impossible to raise Money to answer those Debts when called for so suddenly tho they had Stock enough to answer them if time had been allowed them as they expected when they contracted them by which means Protestants were forced to ruin one another as well as some Papists that depended on them a great many being forced thereby to shut up Shop and break for small Debts that bare no proportion to their Stocks and Credit whose payment had been good if they had not been called on too suddenly and if the Circulation of Trade had not been stopped 4. The next thing that destroyed the Trade of Ireland was the advancing persons of mean or no Fortunes unto places of Profit These had no ready Money to give the Merchants and yet were necessitated to live high and appear in fine Cloaths and either by force or fraud they got into the Shop-Books and by refusing to pay disabled the Merchants to make their usual Returns and by that means broke their Credit which is the Foundation of Trade The Protestant Soldiers and Officers in whose places the indigent Papists were substituted were generally so good Husbands as to have some little thing in store and hence were enabled to take up at the best hand and punctualy pay what they had expended but these New-Comers gave their Creditors where they chanced to be trusted only Oaths and Curses and Abuses instead of Payment a general stop of Trading immediately followed especially the Manufactures set up in the Kingdom which were very considerable to its Trade came to be neglected and every thing upon Tyrconnell's coming to the Government was at a stand The Clothier would not lay out his Money to make Cloth and pay Workmen when it must either lie on his Hands or he be obliged to trust it to such Debtors that would only return him Abuses for his Money The Builder would not go on in his Building and part with his ready Money when he could have no Security of enjoying it or receiving Rent for it if he let it By these means great numbers of Tradesmen and Laborers all generally Protestants were reduced to Beggary and their Families starved Such sort of People as these are the Men that carry on Trade and enrich a place but were now forced to leave the Kingdom and seek elsewhere for Work their going away stopped the usual Consumption of Commodities and made Trade yet more dead and heavy 5. There was a third thing that did further discourage the Merchants and that was the Exaction of the Custom Houses The Officers found that by the decay of Trade the King's Revenue must fall and that then they would be in hazard to lose their places to prevent which they used all the Rigor and Exactions imaginable they had Valuators of their own chusing which put what Rates on Goods they pleased and then the Merchant must pay the Duties accordingly without Remedy Frequently the Values set on Goods were double nay treble to what they ought to have been and to the true intrinsick Worth of the Commodity or what they could be sold for the Consequence whereof was that the Merchant paid often double or treble Duties
designs to ruin them had not bin so apparent he might have prevail'd on them in a great measure But his behaviour was such as shall appear in the sequel of this discourse that it left no room for them to expect or hope for any safety under his Government of which such Protestants as had followed him from England were generally so sensible that many of them repented too late their having stuck to his interest and heartily wished themselves at home again openly professing that they could not have believ'd that he was such a Man or his designs such as they found them nay several of the English Papists that came from France with him abhorr'd his Proceedings and us'd to alledge that he not only hated the English Protestant but also the English Man The very Ambassador d'Avaux if he might be believ'd was dissatisfied with K. J's Measures and condemned them alledging that he had intirely given himself up to the conduct of the bigotted Irish Clergy and of Tyrconnel who in earnest was the only Minister he trusted and would effectually ruin him and the Kingdom Whatever the Ambassador thought it is certain he has discours'd in this manner and the event has answer'd the prediction 4. But to return to the Lord Tyrconnel's dealing with the Protestants When he found himself so very weak and so much in the power of the Protestants that nothing but their own Principles of Loyalty secur'd him against them he betook himself to his usual Arts that is of falshood of dissimulalation and of flattery which he practis'd with the deepest Oaths and Curses protesting that he would be rid of the Government very willingly so it might be with Honour that it was easie for him to ruin and destroy the Kingdom and make it not worth one groat but impossible to preserve it for his Master Every body wondred to find so great a Truth come so frankly out of the mouth of one they usually stil'd Lying Dick Talbot and who had bin known not without reason many years by that name Some believed that in earnest he intended to part with the Sword and perhaps if it had bin demanded before K. J. went into France it had not bin denied There wanted not several to second the same Truth to him with all earnestness and application both in writing and by word of mouth which the Deputy seem'd to approve all that he answered to their perswasions to surrender and save the Kingdom was that he could not do it with Honour till it was demanded and sometimes he ask'd them in Raillery if they would have him cast the Sword over the Castle-Walls What he desired the World should at that time believe concerning his intentions may be best collected by the Letters he procur'd to be written and sent into England I have in the Appendix given the Copy of one written by his Command and perused by him before it was sent it was from a Protestant of good sense and interest in the Kingdom to another in London Several were written by his order to the same purpose 'T is observable in this Letter in the Appendix 1st That the Lord Deputy owns the Robberies then committed but would have it believ'd that the members of the Army were not the Robbers which sufficiently shews the falshood of the Allegation whereby the Papists would excuse themselves as if they had not begun to Rob till the Protestant Associations were set on foot whereas those were some while after this Letter and occasion'd by the Robberies mentioned in it 2ly He would have it believ'd that the Papists fear'd a Massacre from the Protestants as much as the Protestants from the Papists which had no ground The Arms Forts Magazins c. being in the Papists hands and a vast number of Men every where enlisted by their new Officers it is true that the Priests did by order of their Grandees endeavour to spread such a Rumour to make their own people arm the faster which if it were at all credited by some few of them was look'd on as ridiculous by all others 3ly He would have the people in England believe that he and the Roman Catholicks were willing to give up the Sword and return to the Condition in which they were before the death of King Charles the Second This is plainly the main design of the Letter and some think he was sincere in it till the coming over of Coll. Richard Hamilton altered his Measures but that is not at all probable his actions all along signifying his resolution to destroy the Kingdom rather than part with his greatness However he made a shift to perswade some Protestants that he meant it their own earnest Desires that it might be so helping to impose on them amongst whom the Writer of this Letter happened to be one but was not singular many of good Sense being deceived as well as he Lastly it appears from the Letter that the Roman Catholicks as well as the Protestants were of opinion that the Kingdom must be ruined if not yielded up to the Prince of Orange And if so had not the Protestants in the North reason to do that which in the opinion of all could only save the Kingdom The case then stood thus with them if they joined with King James or sate still they were certainly undone if he perished they must perish with him if he conquered he would then be in a capacity to execute his destructive Intentions against them which he had entertained long before But if they joyned with their Present Majesties they were sure of Safety and Protection as long as England is able to Master Ireland which in probability will be for ever But whatever the Lord Tyrconnel profest of his being desirous to give up the Sword 't is certain he meant nothing less and the generality of Protestants believed that he only designed to gain time and delude them till he had gotten something like an Army to Master them and they had the more reason to believe it because whilst he profest the greatest Inclinations to Peace and Accommodation he was most intent on providing for War and gave out about Five Hundred Commissions of one sort or other in a day which yet he did in such a manner as to make the least Noise not passing them in the regular forms or entring them in the usual Offices but antedating them the more to delude and amuse the Protestants which put the Muster-Masters Office out of Order ever after most of these Commissions being never entred in it Nor was it ever able to furnish a perfect List of the very Field Officers as will appear from the List it self in the Appendix 5. These new made Officers were set on Foot partly on the first noise of the Prince of Orange's descent and partly in the beginning of December 1688 and were without Mony Estate or any other visible means to raise their Troops and Companies and to subsist so they term'd maintaining them
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
as the Lord Deputy against the Laws of the Kingdom and the Interest of the Nation had intrusted with Arms and Employments and that no Care was taken by him to prevent those Mischiefs but on the contrary the Robbers were secretly cherished and encouraged the Gentlemen in the North to prevent their own Ruin and the Ruin of all the Protestants of Ireland which they saw unavoidable entred into Associations to defend themselves from these Robbers their Associations did really reach no farther than this nor did they attempt any thing upon the Armed Robbers except in their own Defence when invaded and assaulted by them Insomuch that I could never hear of one act of Hostility committed wherein they were not on the Defensive Their crime then if any was only this they were not willing to suffer themselves to be robb'd and plundered as their Neighbours were without opposition but disarmed some of those who under colour of being King James's Soldiers destroyed the Country This was all the reason the Lord Deputy and Council had to call them Rebels and to charge them in their Proclamation dated March the 7th 1688 with actual Rebellion and with Killing and Murdering several of his Majesties Subjects and with Pillaging and Plundering the Country whereas it was notorious they never killed any whom they did not find actually Robbing to kill whom the Laws of the Kingdom not only indemnified them but likewise assigned them a Reward and for Plundering it is no less notorious that they preserved the whole Country within their Associations from being Pillaged when all the rest of Ireland was destroyed And their great care of themselves and their Country was the Crime which truly provoked the Lord Deputy and made him except from Pardon Twelve of the principal Estated Men in the North when he sent down Lieutenant General Hamilton with an Army which he tells us in the same Proclamation would inevitably occasion the total ruin and destruction of the North. 10. And lest there should be any Terms proposed or accepted by the People in the North and so that Country escape being Plundered and Undone he made all the haste he could to involve the Kingdom in Blood King James was every day expected from France and landed at Kinsale March the 12th but no Perswasions would prevail with the Lord Deputy to defer sending the Army to the North till the King came though he had good assurance given him by several who knew their Minds and Tempers that in all probability if King James himself appeared amongst them and offered them Terms they would have complyed with him at least so far as to submit quietly to his Government But it was the Lord Deputy's design to destroy the Protestants there as well as in the rest of the Kingdom and therefore he hasted to make the Parties irreconcilable by engaging them in Blood and by letting loose the Army to Spoil and Plunder The War therefore was entirely imputable to him and the Protestants were forced into it having no other choice than either to be undone without offering to make any Defence for themselves or else with their Arms in their Hands to try what they could do in their own Preservation 11. But it must be considered that Ireland is a Kingdom dependent on the Crown of England and part of the Inheritance thereof and therefore must follow its fate which it cannot decline without most apparent ruin to the English Interest in it Now King James having abdicated the Government of England and others being actually possessed of the Throne it was the business of the Protestants of Ireland to preserve themselves rather than dispute the Titles of Princes they were sure it was their Interest and their Duty to be subject to the Crown of England but whether King James was rightly intitled to that Crown is not so easily determinable by the common People No wonder therefore they declared for King William and his Queen whom they found actually in the Throne of England and own'd as rightful Possessors by those who had best reason to know rather than for King James who indeed pretended to it but with this disadvantage amongst many others that he was out of Possession and he had not used the Power when he was in possession so well that they should be desirous to restore him to it with the danger of their own ruin 12. They considered further that their defending themselves and those Places of which they were possest would in all probability very much contribute to save not only themselves but likewise the Three Kingdoms and the Protestant Interest in Europe to which it did certainly in some Measure contribute King James and his Party believed it and declared themselves to this effect and some of them were very liberal of their Curses on the Rebels in the North as they called them for this reason had said they the Rebels in the North joined with King James he had such a Party in England and Scotland which together with the Succours he might then have sent from Ireland and the assistance of the French King would in all probability have shaken the Government of England before it had been settled but the opposition of Enniskillin and Derry lost the opportunity that will not easily be retrieved How far this Conjecture of theirs was probable I leave it to the Reader what has happened since shews that it was not altogether groundless if the Design had taken the condition of Europe especially of the Protestants had been most deplorable but it pleased God to spoil all their Measures by the opposition made by a small Town Mann'd with People before that time ofâ— no extraordinary Reputation in the World for Arms Valour or Estates and who perhaps had never before seen an Enemy in Arms King James was pleased to call them a Rabble but it must be remembred to their Honour that they outdid in Conduct Courage and Resolution all his Experienced Generals To a Man that seriously reflects on it the thing must almost seem miraculous all Circumstances considered the rest of the Kingdom except Enniskillin had yielded without a Blow most of the chief Officers Gentlemen and Persons of Note Courage or Interest in the North had deserted their new rais'd Troops without Fighting the Succours designed for them from England came at the very time when the Town was ready to be invested and the Officers that came with those Succors as well as their own Officers were of opinion that the Place was not to be defended that they had neither Provision nor Necessaries to hold out a Siege The Officers therefore privately took a resolution to return for England and carried along with them most of the Gentlemen and Leaders of the Town without leaving any Governor or Instructions for the People what they were to do and without offering to make any conditions for them but neither this nor their extream want of Provision to which they were at last reduced nor the
consideration of their Friends whom their Enemies treated barbarously in their sight could prevail with them to give up themselves or their cause but by patience and resolution they wearied out their Enemies and instead of letting them make approaches to their Walls they enlarged their Out-works upon them and made them confess after a Siege of Fifteen Weeks that if the Walls of Derry had been made of Canvas they could not have taken it The same may be said of the People of Enniskillin who lived in a wild Country and untenable place surrounded with Enemies on every side and removed from almost all possibility of Succour being in the heart of Ireland yet they chose to run all Hazards and Extremities rather than trust their Faithless Enemies or contribute to the ruin of the Protestant Interest by yielding After almost all their Gentry of Estates or Note had left them or refused to joyn heartily with them they formed themselves into Parties and though in a manner without Arms and Ammunition yet by meer Resolution and Courage they worsted several Parties of the Enemy and almost naked recovered Arms and Ammunition out of their Hands and signalized themselves in many Engagements by which they not only saved themselves but likewise did considerable Service to the Protestants that were under the Power of King James for this Handful of Men by their frequent Incursions and carrying off Prisoners in every Engagement terrified even the Papists of Dublin into better Humour and more moderate Proceedings as to the Lives of Protestants that lived amongst them than perhaps they would otherwise have been inclined to They saw from this that their Game was not so sure as they imagined and the Prisoners taken by those of Enniskillin were Hostages for their Friends that lived in Dublin and the Humanity with which the Prisoners were used there was a Reproach on the Barbarity exercised by the other Party In short it appeared that it was neither Malice nor Factiousness that engaged them in Arms but meer Self-preservation and the Obligation of their Tenures and Plantations by which they were bound to keep Arms and Defend themselves and their Country from the power of the Popish Natives which were then Armed against them 13. But to return to the Lord Deputy's Proceedings in his new Levies in order to gain time and delude the Protestants he sent for the Lord Mountjoy out of the North after he had compounded the business of Derry and perswaded him to go with Chief Baron Rice to King James into France to represent to him the weakness of the Kingdom and the necessity to yield to the Time and wait a better opportunity to serve himself of his Irish Subjects The Lord Tyrconnel swore most solemnly that he was in earnest in this Message and that he knew the Court of France would oppose it with all their Power for said he that Court minds nothing but their own Interest and they would not care if Ireland were sunk to the Pit of Hell they are his own Words so they could give the Prince of Orange but Three Months diversion but he added if the King be perswaded to ruin his fastest Friends to do himself no Service only to gratify France he is neither so Merciful nor so Wise as I believe him to be If he recover England Ireland will fall to him in course but he can never expect to Conquer England by Ireland if he attempts it he ruins Ireland to do himself no kindness but rather to exasperate England the more against him and make his Restoration impossible and he intimated that if the King would not do it he would look on his Refusal to be forced on him by those in whose power he was and that he would think himself obliged to do it without his Consent 14. Every body told the Lord Mountjoy that this was all sham and trick and that the design was only to amuse the Protestants and get him who was the likeliest Man to head them out of the way But his Answer was that his going into France could have no influence on the Councils of England who were neither privy nor Parties to it and if they had a mind to reduce the Kingdom it was easy to do it without his Assistance that he must either go on this Message now the Deputy had put him upon it or enter into an actual War against him and against such as adhered to King Jame's Interest that he did not think it safe to do the latter having no order or encouragement from England but on the contrary all the Advice he received from thence was to be quiet and not to meddle that he was obliged to King James and neither Honour Conscience nor Gratitude would permit him in his present Circumstances to make a War on his own Authority against him whilst there was any possibility of doing the business without one Upon these considerations against the general Opinion of all the Protestants in Ireland he undertook the business and went away from Dublin about the Tenth of January 1688 having first had these general Concessions made him in behalf of the Protestants 1. That no more Commissions should be given out or new Men raised 2. That no more of the Army should be sent into the North 3. That none should be questioned for what was passed And 4. That no Private House should be garrison'd or disturb'd with Soldiers these he sent about with a Letter which will be found in the Appendix But he was no sooner gone but the Lord Deputy according to his usual Method of Falshood denyed these Concessions seemed mighty angry at the dispersing the Letter and refused to observe any of them The first News we heard from France was that the Lord Mountjoy was put into the Bastile which further exasperated the Protestants against King James and made them look on him as a Violater of Publick Faith to his Subjects As for the Lord Deputy this clearly ruined his Credit if ever he had any amongst them and they could never after be brought to give the least belief to what he said on the contrary they look'd on it as a sure sign that a thing was false if he earnestly affirmed it 15. But it was not yet in his power to master them he had not sufficiently Trained and Exercised his Men but as soon as he found that nothing was to be feared from England before the End of Summer and that he was assured King James would be with him soon he laid aside his Vizour and fell upon disarming them It was no difficult matter to do this for in the very beginning of King James's Reign the Protestant Militia had been dissolved and though they had bought their own Arms yet they were required to bring them into the Stores and they punctually obeyed the Order Such of the Protestant Army as remained in the Kingdom after their Cashiering were likewise without Arms being as I shewed before both disarmed and strip'd upon
best it was left to the discretion of a Dragoon what he would count a Serviceable Horse and what he would do with them when he had taken them so that of 10000 Horses at least that were taken from the Protestants at that time the King received not 100 nor had he one Troop raised out of them but whoever could get a Horse whether he were Officer or Soldier from a Protestant went away with it and converted it to his private use of which the Lord Deputy complains in a Proclamation dated March the 1st 1688 but this Proclamation though dated the 1st of March was not published till the 12th the reason of the delay was this the Proclamation ordered Horses that were not fit for Service to be restored and if it had come out according to the date thereof many Protestants that knew in whose Hands their Horses were would have claimed them To defeat them therefore some that had interest with the Deputy got the Proclamation delayed till those that took them might have time to convey them far enough from being found And this was their usual Method they first did the mischief they intended to the Protestants and then they published some antedated Proclamation forbidding it to be done and sometimes when a Proclamation came out before they had gone through with what they intended they denyed to be concluded by it alledging it came out surreptitiously as it happened in this very case of Searching for Arms. 19. Now Arms are the Hedges that secure and preserve our Goods and Lives especially in a Conquered Country such as Ireland is and it was but reason that the Law did allow none but Protestants to have them though they never hindred any Man from arming himself so far as was necessary for his own Defence When therefore they saw the keeping of Arms was made penal to them in the highest degree King James's Proclamation having made it Treason and Rebellion as I shewed before and some would needs perswade them it was really so to which opinion the Lord Chief Justice inclined when he gave charge to the Jury concerning one Wolf who was indicted for keeping some Arms and fined for it as a Misdemeanor when I say they saw that which the Law required them to do made so highly criminal for the Law requires every Freeman of Dublin to keep Arms and those Arms put into the Hands of Tories and Ruffians who had already robb'd them of a great part of their Substance had they not reason to believe that they were disarm'd purposely that they might be the more easily Robb'd or Massacred and that it was as easy for a Government that in one day disarmed them through the whole Kingdom against Reason Law and Justice to find a pretence at another time to take away their Lives they could neither doubt their inclinations nor question their ability to do it If one should tye a Mans Hands and turn him naked amongst Wild Beasts all the World would believe he designed they should devour him and sure we had reason to suppose the same of our Governours and they that treated us thus without provocation and against the Laws could not expect that we should be unwilling to change our Masters if a fair opportunity offered By the Law we have as much property in our Arms and Horses that we buy with our Mony and in a conquered Country such as Ireland is where every Forty Years we constantly have had a Rebellion they are as necessary for us as our Cloathes or Estates which indeed can signify nothing without them And the King might as justly pretend that he had occasion for them and take them from us without consideration as our Horses and Arms the oppression to us in our circumstances was really equal 20. It may perhaps be imagined by those who are Strangers to our Affairs that we had abused our Arms to oppress and wrong our Neighbours or to oppose the King and therefore deserv'd to lose them but it is observable that it doth not appear that any one Protestant in Ireland before this Disarming had used his Arms to injure any R. C. nor did they hurt any that was not either actually robbing them of their Goods or assaulting their Persons no not in the North where they refused to give up their Arms they kept even there on the defensive and offended no Man but when first Assaulted So that there was not the least reason or colour to disarm us except that we might be Plundered and Robb'd without being able to make resistance Our crime for which we lost our Arms for which we were exposed naked to our Enemies and for which the best Gentlemen in the Kingdom were obliged to walk without a Sword was because they suspected that we would not otherwise tamely part with our Goods or suffer our selves to be abused and affronted in the Streets by every Ruffian which was the condition of the best amongst us 21. 'T is true King James could not carry on a War for the advancement of Popery without our Goods and he could not be secure of them whilst we had Arms but I hope all the World is convinced that it was not our Counsels nor Actings that brought him to these Straits nor was it to be expected that we should be content to be undone to repair the errors and faults of those Wicked Counsellors who put him on those desperate courses which lost him his Crown All our crime is then that we could not be content to be undone with him and by him and rather chose to desire Protection Liberty and the restitution of our Priviledges and Arms from their present Majesties than to be in the condition of the Vilest of Slaves under King James a crime for which I am confident no Papist condemns us in his Conscience however he may rail at us and call us disloyal SECT IX The attempts made on the Personal Estates of Protestants before the Revolution in England 1. THe Earl of Tyrconnel when made Deputy of Ireland found the Riches of the Kingdom in the Hands of Protestants the Flocks the Herds the rich Houshold-Stuff and Plate Beneficial Leases improved Rents Trade and Mony were almost intirely theirs whereas the Papists by their Idleness Ignorance and numerous Begging Clergy were so low in their Fortunes that they were in no condition to raise or maintain such an Army as was necessary to carry on his Designs in this Kingdom and he was sure the Protestants that had the Riches would not contribute to support them He therefore applied himself with all art and industry to impoverish them He did what he could as I have already shew'd to destroy their Trade he put all the hardships imaginable on Protestant Tenants that they might not be able to pay their Rents and he encouraged the Popish Tenants to oppose their Landlords It was whispered amongst them that they need not pay their Rents for the Land in a little time would be their own
not done but because it would have prevented the ruin of the Protestants as well as it now preserv'd the Papists It is manifest what the Government designed when by a few Robberies committed on Papists it was alarm'd and issued out Commissions to hang the Robbers yet could not be prevailed with to take notice of the many Thousand Robberies committed on the Protestants For the Proof of this see Albavill's Instructions to the forementioned Commissioners in the Appendix SECT XI The Methods by which Kings James compleated the ruin of the Protestants Personal Fortunes 1. THE Protestants by the Deputies taking away their Horses and the Army their Cattle were put out of a possibility of Living in the Country or of making any thing of their Farms by Plowing or Grazing and had saved nothing but their Houshold-Stuff and Mony only some of them when they saw the Irish taking away their Cattle slaughtered part of them Barrelled them up and sent them to Dublin and other Towns they preserved likewise their Hides and Tallow of the Year 1688 not having any vent for them and the Merchants upon the same account were stored with such Commodities as used to be sent Yearly into England or Foreign Parts and many of these went out of the Kingdom for their own Safety and left their Goods in the Hands of their Servants or Friends Their going away though they had License for it and those Licenses not expired was made a pretence to Seize their Goods and in March 1688 the Officers of the Army throughout the Kingdom without any Law or Legal Authority by order from the Lord Deputy Seized all Goods Houses Lands c. belonging to any who were out of the Kingdom there was no other reason given for this but that it was the Deputies Pleasure it should be so in May the Commissioners of the Revenue took it out of the Soldiers Hands and that they might be the better able to go through with it endeavoured to procure from their pretended Parliament an Act to confirm all they had done till that time and further to empower them to examin Witnesses upon Oath concerning concealed Goods of Absentees The Bill as it was drawn by the Commons added a power to oblige every body to discover upon Oath what they concealed belonging to their absent Friends and to Commit whom they pleased without Bail or Mainprize during pleasure not excepting the Peers of the Realm which made the House of Lords correct these Clauses and several others in the Bill upon the Motion and earnest Struggling of the Bishop of Meath though the Commissioners did in a great Measure put the Act in Execution as the Commons intended it for where-ever they expected any good of Absentees to be they sent and seized all that was in the place and then refused to restore any thing to the Owners but upon Oath that it was their own proper Goods the rest they supposed to belong to some Absentee and made it lawful Prize all such being by the Act vested in the King though the Owners who were absent without any Fault of their own should have come back and claimed by which Act all Protestants that had fled for their Refuge into England or any other place or were gone upon their lawful Occasions to the number of many Thousands were absolutely divested of all their Personal Fortunes and cut off from all Claim to their Goods and Chattels whatever The Condition of those who staid behind was very little better so many Contrivances were set on foot to ruin them and take away the little Goods that were yet left them that they were as effectually destroy'd as their Neighbours that went for England they knew that besides Goods the Protestants had some ready Money and Plate their chief aim was to come by them and several ways were thought of to effect it sometimes they were for setting up a Mint and for forcing every Body to bring in on Oath to be coined whatever Plate was in their Possession sometimes they were for searching Houses and seizing all they found but these Methods were looked on as too Violent and not likely to succeed if they should put them in Practice they therefore defer'd these for the present and appli'd themselves to the following Courses by which they got from us a great part of our Mony Plate and Goods and if our Deliverance had not been speedy would â—â—fallibly have got the rest 1. They would pretend for a Summ of Mony to procure License for a Ship to go off and when they had gotten the Mony and the People had Ship'd themselves and their Effects they then ordered the Ship to be unloaded again and seized all the Mony and Plate they found which had been privately conveyed on Shipboard tho' not forfeited by any Law 2. They would take off the Embargo which was generally laid on Ships and pretend that they would suffer the Merchants to Trade and as soon as they had got the Custom-houses full of Goods and receiv'd vast Rates for Custom besides Bribes to the Officers that attended the Ships they would put on the Embargo again stop the Goods and not return one Farthing 3. They promised Licenses for England to all who would pay for them and when they had gotten vast Summs from the Crowd that press'd to get away they would then stop the Ships and make their Licenses useless There was nothing to be done without a Bribe at what Rate may be imagined from this that an ordinary Tide-waiter one White at Rings-End was accounted to have gotten in Bribes for conniving at Peoples going off at least 1000 l. in a few Months 4. All Protestants that lived in the Country were forced to take out Protections these were sold at great Rates and it was not sufficient to buy them once they were often voided either by new Orders or the Change of Governors and then they were obliged to take them out a new some had Protections not only for their Goods but likewise for some Arms and Horses and renewed them five or six times paying a good Rate for them every time and yet at last they lost all their Horses Arms and Goods as well as their Neighbors who had no Protections 5. Where they learnt any Man had Mony they seiz'd him on some Pretence or other and if they found the Mony it was sufficient Evidence of his Guilt they sent him to Goal and converted the Mony to their own use at the worst they knew it was only restoring it in Brass Thus they serv'd Mr. Heuston in Bridg-street and Mr. Gabriel King in the County of Roscommon who could never get any satisfaction for his Silver and Plate thus taken from him and the case was the same with many others 6. In several places the Governors went into Mens Houses and Shops and seiz'd whâ—â— they found without the Formality of a Pretence and took it away Cork was used at this rate their Governor Mounsieur Boiselot
troubling a Parliament but King James's Council used not to stick at the Formalities of Law or Reason and therefore vast Quantities of Brass Mony were coined and made Current by a Proclamation dated June 18. 1689. under severe Penalties The Metal of which this Mony was made was the worst kind of Brass old Guns and the refuse of Metals were melted down to make it Work-men rated it at Three-pence or a Groat a Pound which being coined into Six-pence's Shillings or Half-crowns one Pound weight made about 5 l. and by another Proclamation dated 1690. the Half-crowns were called in and being Stamp'd anew were made to pass for Crowns so that then 3 d. or 4 d. worth of Metal made 10 l. There was coined in all from the first setting up of the Mint to the Rout at the Boyne being about twelve Months 965375 l. In this Coin King James paid all his Appointments and all that received the King's Pay being generally Papists they forced the Protestants to part with their Goods out of their Shops for this Mony and to receive their Debts in it but the Protestants having only good Silver or Gold and Goods bought with these when they wanted any thing from Papists they were forced to part with their Gold and Silver having no means of coming by the Brass Mony out of the King's Hands so that the Loss by the Brass Mony did in a manner intirely fall on the Protestants being defrauded for I can call it no better of about 60000 l. per Month by this Stratagem which must in a few Months utterly exhaust them when the Papists had gotten most of their Saleable Goods from their Protestant Neighbours and yet great Quantities of Brass Mony remain'd in their Hands they began to consider how many of them who had Estates had engaged them to Protestants by Judgments Statute Staples and Mortgages this was all the reserve of their Fortunes left the Protestants And to take this likewise from them they procured a Proclamation dated February 4. 1689. to make the Brass Mony Current in all Payments whatsoever whereas at first Judgments c. were excepted Thus they rid themselves of their Brass Mony and put it on Protestants The Chancellor Fitton compelling the Trustees for Orphans and Widows to receive their Mortgages c. in this Coin as well as others tho they pleaded that they knew not how to dispose of it nor if they did know could they legally receive it or make use of it being only Trustees Sometimes it was pleaded that by the Original Covenants they were to have a certain time of warning before they should be obliged to receive their Mony tho offered them in Silver but all signified nothing the Chancellor over-rul'd all their Pleas and placed the Brass Mony on them not so much as allowing it to remain in the Court. 7. The Governor of Dublin the Provost-Marshal and their Deputies assumed the same Power and threatned to hang all that refused the Brass Mony of which we had many Instances one Mr. Bennet a Tanner owed Mony to one Alderman Smith and to Mr. Hugh Leeson a Clergy-man Bennet having some Goods taken from him for which he was paid in Brass Mony tendered it to them but upon a Civil refusal he complained to Governor Luttrell who gave him two Warrants to the Provost-Martial to take them he shewed them to Alderman Smith who immediately complied and received his Mony but Luttrell being informed of it was angry that Bennet had compounded the business and therefore directed the Provost to take him by whom he was kept a Fortnight and not released till he paid 20 l. Fees Leeson was likewise taken and committed with him One Chapman a Widow was used yet worse by the Provost-Martial's Deputy one Kerney a Petition was preferred against her by the Sollicitor of one who owed her 150 l. by Bond alledging falsly that she had refused to receive it in Brass Kerney sent his Troopers for her at Ten a Clock at Night he told her with many Oaths and Execrations that he would have her Burnt next Morning that he had Power to put to what Death he pleased any that should refuse or undervalue the Brass Mony and would exercise it on her Her Debtor was present and acknowledged that the Allegation in the Petition was false that he had never tendered the Mony only sent to her House and received answer that she was not at home and that his Sollicitor had wronged her in the Petition yet the Deputy-Provost abated nothing of his Rigour but made her be thrust into a dark Closet for that Night without Bed or Candle Her Sollicitor offered any Security for her till next Morning but he threatned to Tye him Neck and Heels send him to Newgate and Hang him next day at his own Door for interceding for her At Nine next Morning he sent a Messenger to her to prepare for Death for he would have her Burnt immediately She had often whilst in Custody proffered to receive her Mony and never before refused it which some represented to him so effectually that he at last consented to release her she paying 4 l. Fees and 10 s. to her Adversary's Sollicitor that prefer'd the False Petition against her and signing an Acknowledgment to be entered on Record and a General Release She demurr'd a little at the General Release but the Provost renewing his Threats of Burning her and Hanging her Sollicitor obliged her to perfect it But where Papists were Creditors and Protestants Debtors the Case was otherwise of which Mr. Rose a Merchant is an Instance he had received 500 l. from some Roman Catholicks for which he drew a Bill of Exchange into England on his Correspondent the Seas being shut up they sued for the Mony tho it was supposed on all hands to be paid in England Whilst they went on with the Suit the Brass Mony came into Play and then they would have withdrawn it but Mr. Rose having great quantities of this Mony put on him for Goods taken away from him persisted in it the Declaration against him being filed however the Judge kept him three Terms taking occasion from the Sickness of the Attorney or any other little matter to adjourn the Cause At last Mr. Rose brought the Mony and deposited it in Court which the Judge called an Affront and the receiving it was demurr'd to and there the Cause remain'd till the Change of the Government without any Determination 8. By these means vast Quantities of Brass Mony were lodged in the Hands of Protestants and not knowing what else to do with it they laid it out on the Staple Commodities of the Kingdom such as Hides Tallow Wooll Corn c. these they bought up at any Rate as supposing they might sometimes turn to account whereas the Brass Mony could signifie nothing The Papists were aware of it and therefore put the King upon taking these again out of their Hands which they contrived thus They put out a
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
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
Purchases and Settlements This was the Bishop of Meath's Case whose Father purchased an Estate in 1636. and both he and the Bishop had continued in Peaceable Possession of it ever since yet he was now outed of it by an old Injunction from the Court of Claims granted on a pretended Deed of Settlement made for Portions to the Daughters of the Man that had sold it to the Bishop's Father This Deed ought to have been proved at Common-Law before he should have been disturbed but the Popish Sheriff of the County of Meath one Nangle executed the Injunction on the Bishop and two other Protestants without any such Formality some Papists were as deeply concern'd as they as holding part of the same Estate but the Sheriff durst not or would not execute the Injunction on their part though he did it on that part which was in the Hands of Protestants at this rate many Protestants were outed of their Estates and the old Proprietors having gotten Possession put the Suit and Proof on Protestants to recover them near a hundred English Gentlemen lost considerable Estates in less than a Year and the Papists were in hopes to do their work by their False Oaths Forged Deeds Corrupt Judges and Partial Juries No one Suit that I could learn having been determin'd against them in either the King's-Bench or Exchequer 4. But this was not the way design'd by the Grandees they saw it was like to be Tedious Expensive and must have been in many cases Insuccessful and therefore they were intent on a Parliament and they had in less than nine Months fitted all things for it So that we should infallibly have had one next Winter if the Closeted Parliament design'd to sit at Westminster in November 1688. had succeeded and the News of the Prince of Orange's intended Descent into England had not diverted them but it was not judged convenient to proceed farther in Ireland till the Penal Laws and Test were removed in England 5. After King James's deserting England and getting into France which mightily rejoyced them their great Care was to get him into their own Hands and they easily prevailed on him to come into Ireland where he landed at Kinsale March 12. 1688. and made his entry into Dublin on Palm-Sunday March 24. Upon his coming into Dublin every Body was intent to see what he would do in relation to the Affairs of Ireland it was manifestly against his Interest to call a Parliament and much more unseasonable to pass such Acts in it as he knew the Papists expected For First The Kingdom was not intirely in Obedience to him London-derry Enniskillin and a great part of the North being then unreduced which gave occasion to many even of his own Party to ridicule him and his Councils who so contrary to his Interest had call'd a Parliament to spend their time in wrangling about Settling the Kingdom and disposing Estates before they had reduced it But had they instead of Passing such Acts as made them Odious to all Good Men applied themselves to the Siege of Derry it is like it had been reduced before the Succors came and then all Ireland had been their own and no Body can tell what might have been the Consequence of it 6. Secondly It a little reflected on King James's Sincerity who in his Answer to the Petition of the Lords for a Parliament in England presented Nov. 17. 1688. gave it as one Reason why he could not comply because it was impossible whilst part of the Kingdom was in the Enemies Hands to have a Free Parliament The same Impossibility lay on him against holding a Parliament in Ireland at his coming to Dublin if that had been the True Reason and his not acting uniformly to it plainly discover'd That the True Reason why he would not hold a Parliament in England and yet held one in Ireland under the same Circumstances was not the pretended Impossibility but because the English Parliament would have secured the Liberties and Religion of the Kingdom whereas he was sure the Irish Parliament would Subvert them 7. Thirdly His Compliance with all the most Extravagant Proposals of the Papists in Ireland was unavoidable if he call'd a Parliament and to comply with them was to do so palpable and inexcusable Injustice to the Protestants and English Interest of Ireland that he could not expect but that he should lose the Hearts of those Protestants in England and Scotland who were indifferent or well affected to him before as soon as they were fully inform'd of what he had done in Ireland and to lose their Assistance was to lose the fairest Hopes he could have of recovering his Crown 8. Fourthly By holding a Parliament he manifesty weakened his Forces in Ireland for the Papists whom he was to restore to their Estates were most of them poor insignificant People not able or capable to do him Service for the Richer sort of Papists were either disoblig'd by it being losers as well as the Protestants or else under a necessity to neglect the King's Service and spend their time to make Interest to secure themselves of Reprizals for what they lost by the Parliament 9. Fifthly He strengthened and united his Enemies by rendering all the Protestants that were not under his Power Desperate and by convincing the rest of the Necessity of joyning with them as fast as they could since no other Choice was left them but either to do this or to be ruined 10. All these Reasons lay before the King against calling a Parliament and made it manifestly unseasonable to do it now however bent to comply with the long and earnest Sollicitations of the Irish as we see in Nagles Coventry Letter and the two Papers in the Appendix But contrary to all the Rules of Interest and true Policy he was resolv'd to gratifie them for which we were able to give no other reason but the Resolution ascribed to him in the Liege Letter either to dye a Martyr or to establish Popery and therefore he issued out a Proclamation for a Parliament to sit May 7. 1688. at Dublin The Proclamation was dated March 25. the next day after he came to Dublin but was not published till April 2. it was said to be antedated four days but of that I can say nothing 11. Every Body foresaw what a kind of Parliament this would be and what was like to be done in it Our Constitution lodges the Legislative Power in the King Lords and Commons and each of these is a Check on the other that if any one of them attempt a thing prejudicial to the Kingdom the other may oppose and stop it but our Enemies had made all these for their purpose and therefore no Law could signifie any thing to oppose them it being in their power to remove any Law when they pleased by repealing it The King was their own both inclined of himself and easie to be prevail'd on by them to do what they would have him So
that we could promise our selves no help from his Negative Vote 13. The House of Lords if regularly assembled had consisted for the most part of Protestants and might have been a Check to the King's Intentions of taking away our Laws in a legal Method there being if we reckon the Bishops about Ninety Protestant Lords to Forty five Papists taking in the new Creations and attainted Lords But first to remove this Obstacle care had been taken to reverse the Outlawries of the Popish Lords in order to capacitate them to sit in the House 2. New Creations were made Sir Alexander Fitton the Chancellor was made Baron of Gosworth Thomas Nugent the Chief Justice Baron of Riverston Justin M'Carty Viscount Mountcashell Sir Valentine Brown Viscount Kenmare A List was made of more to be call'd into the House if there were occasion 3. They had several Popish Titular Bishops in the Kingdom and it was not doubted but if necessity required those would be call'd by Writs into the House 4. It was easie to call the eldest Sons of Noble-men into the Parliament by Writ which would not augment the Nobility and yet fill the House But there were already sufficient to over-vote the Protestants for there remain'd of about Sixty nine Protestant Temporal Lords only four or five in Ireland to sit in the House and of Twenty two Spiritual Lords only seven left in the Kingdom of which Dr. Michael Boyle Arch-bishop of Ardmah Dr. Hugh Gore Bishop of Waterford Dr. Roan Bishop of Killalâ—o were excused on the account of Age and Sickness The other four were Dr. Anthony Dopping Bishop of Meath Dr. Thomas Otway Bishop of Ossory Dr. Simon Digby Bishop of Lymerick and Dr. Edward Wettenhall Bishop of Cork and Ross these were oblig'd to appear upon their Writs directed to them and King James was forced sometimes to make use of them to moderate by way of Counterpoise the Madness of his own Party when their Votes displeas'd him But in the general they protested against most of the Acts and entered their Dissent It is observable that all these Acts of this pretended Parliament are said to be by the Advice and Consent of the Lords Spiritual and Temporal whereas not one Spiritual Lord consented to many of them but on the contrary unanimously protested against them and at passing the Act of Attainder of which more hereafter they were not so much as present They complain'd of this but were refus'd redress and the express mention of their consent continued Of Thirty seven Papist Lords there appear'd besides the new created Lords Twenty four at times of which Fifteen were under Attainders by Indictments and Outlawries two or three were under Age and there remain'd only Six or Seven capable of Sitting and Acting Chancellor Fitton now Baron of Gosworth was Speaker of the House of Lords King James was present constantly in the House and directed them not only in their Debates but likewise in their Forms and Ceremonies hardly one in either House having ever sate in a Parliament before 14. The House of Commons makes the Third Estate in Parliament and 't is by them that the People have a more immediate Interest in the Legislative Power the Members of this House being such as are return'd by the Peoples Free Election which is look'd on as the Fundamental Security of the Lives Liberties and Properties of the Subject These Members of the House of Commons are elected either by the Free-holders of Counties or the Free-men of Corporations And I have already shew'd how King James wrested these out of the Hands of Protestants and put them into Popish Hands in the new Constitution of Corporations by which the Free-men and Free-holders of Cities or Boroughs to whom the Election of Burgesses originally belongs are excluded and the Election put into the Hands of a small number of Men named by the King and removable at his pleasure The Protestant Free-holders if they had been in the Kingdom were much more than the Papist Free-holders but now being gone tho many Counties could not make a Jury as appear'd at the intended Tryal of Mr. Price and other Protestants at Wicklow who could not be tried for want of Free-holders yet notwithstanding the Paucity of these they made a shift to return Knights of the Shire The common way of Election was thus The Earl of Tyrconnel together with the Writ for Election commonly sent a Letter recommending the Persons he design'd should be chosen the Sheriff or Mayor being his Creature on receipt of this call'd so many of the Free-holders of a County or Burgesses of a Corporation together as he thought fit and without any noise made the return It was easie to do this in Boroughs because by their new Charters the Electors were not above Twelve or Thirteen and in the greatest Cities but 24 and commonly not half of these on the place The Method of the Sheriffs proceeding was the same the number of Popish Freeholders being very small sometimes not a Dozen in a County it was easie to give notice to them to appear so that the Protestants either did not know of the Election or durst not appear at it By these means the pretended Parliament consisted of the most Bigotted Papists and of such as were most deeply Interested to destroy the Protestant Religion and Protestants of Ireland One Gerrard Dillon Serjeant at Law a most furious Papist was Recorder of Dublin and he stood to be chosen one of the Burgesses for the City but could not prevail because he had purchased a considerable Estate under the Act of Settlement and they fear'd lest this might engage him to defend it Several Corporations had no Representatives either because they were in the Enemies hands or else because the Persons named by the Charter for Electors were so far remote that they could not come in such Numbers as to secure the Elections for Papists against the few Protestants that were left still in the Charters and who lived generally on the place I have mark'd the Boroughs and Counties that had no Representatives in number about Twenty nine few Protestants could be prevail'd with to stand tho they might have been chosen because they foresaw no possibility of doing good and thought it unsafe to sit in a Parliament which they judged in their Conscience Illegal and purposely design'd for Mischief to them and their Religion however it was thought convenient that some should be in it to observe how things went and with much perswasion and Intreaty Sir John Mead and Mr. Joseph Coghlan Counsellors at Law were prevail'd on to stand for the University of Dublin the University must chuse and it could not stand with their Honor to chuse Papists and therefore they pitch'd on these two Gentlemen who were hardly brought to accept of it as thinking it Scandalous to be in so ill Company and they could not prevail with themselves to sit out the whole Session but withdrew before the Act of Attainder
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
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
But they found a way to elude this by another Clause in the same Act which orders the Mansion House and Demeasnes of the Proprietor or his Assignee in 1641. to be restor'd and the Leases made of such to be void Now they never wanted an Affidavit to prove any beneficial Farm or good House they found in the Hands of a Protestant to have been Demeasnes and a Mansion House and then the Leiutenants of the Counties put them in Possession 3. The same Lieutenants had an Order from Albiville Secretary of State to turn all Protestants out of their Houses if they judged them to be Houses of any strength and to garrison them with Papists We could never procure any Copy of this Order from the Office though they own'd there was such an Order and we found the Effects of it the Reasons of concealing it I suppose were the same with concealing the Act of Attainder The design of the Order was to turn out the few Protestant Gentlemen that liv'd on their ancient Estates and had neither forfeited them by the Act of Attainder nor lost them by the Act of Repeal it was left to the discretion of the Lieutenant of the County whom they would turn out and they acted according to their Inclinations and turn'd out almost every body and 't was with great difficulty and interest that any procured to be eased of this trouble I have given a Copy of some of their Orders in the Appendix In short the Soldiers or Militia took Possessions of such Gentlemens Houses as durst venture to live in the Country and they themselves were sent to Jail and had K. James got the better they must never have expected to have gotten possession of their Houses or been releas'd of their confinement till they had gone to execution for though they had been very cautious how they convers'd yet there would not have wanted Witnesses to prove they had corresponded with some body in England or Scotland since the First of August 1688. and then their Estates were forfeited The Gentlemen thus used were very sensible of one inconveniency that befel them on this Account it troubled them more than their confinement to see their Houses and Improvements destroy'd for when the Soldiers got into the Houses under pretence of garrisoning them they sometimes burnt them and always spoil'd the Improvements As for the Estates of Absentees the Commissioners of the Revenue dispos'd of them and hardly one Estate in Ireland but was already promis'd to some Favourite Papist or other who by Leases from the Commissioners were in actual possession of them through the whole Kingdoms as far as King James's Authority was owned 20. It may be imagined by some that King James did not know that the Repealing the Acts of Settlement and Explanation was of such mischievous Consequence to Protestants and that the Protestants were wanting to themselves and him in not giving him due Information But these Persons will find themselves mistaken in their surmises if they consider 1. That King James when Duke of York was present at all the Debates concerning the Settlement of Ireland at the Council Board in England and was one of the Council when those Acts of Settlement and Explanation past it he had heard every Clause in them debated for near Two years and from time to time he had perfect information and was continually sollicited about them having a fair Estate in Ireland settled on him by them containing by estimation 108000 Acres to the value of 10m Pounds per Annum and perhaps there was not any thing he understood better relating to the Affairs of his Kingdoms then the Consequence of these Acts. We have seen before how many Promises and Assurances King James had given for maintaining them as well knowing the importance of them to this Kingdom But notwithstanding this he of his own accord was the first that motioned the Repealing of them in his Speech at the opening the Parliament in Dublin 2. The Protestants prest and earnestly sollicited to be heard at the Bar of the Lords House upon the Subject of those Acts that they might shew the reasonableness of them and demonstrate the injustice and mischief of repealing them but were deny'd to be heard and an Order made that nothing should be offered in their favour If therefore King James wanted information it was because he would not receive it 3. The Bishop of Meath so far as was allow'd him laid open the Consequences of repealing these Acts so fully in his Speech which he made in the House of Lords when he voted against the Act of Repeal that no Man who heard him as his Majesty did could pretend to want information 4. The Protestants were so far from being silent or letting things pass without opposition that they laboured every Point with all imaginable industry and used all the industry they could with King James to inform and perswade him and when they could not gain one Point they stuck at the next and endeavour'd to gain it till he had deliberately over-rul'd all their Reasons and Pleas from Point to Point and this they did to make his Designs against them the more undeniably plain not out of any hope of success or expectation to prevail with him for they knew their appearing for a thing in the Parliament was enough to damn it of which they had many Experiments One was so remarkable that I shall mention it Mr. Coghlan had a mind to procure a favour for a Friend from the House of Commons whereof he was a Member he knew if he mentioned it it would miscarry and therefore he got a Papist to propose it the House seem'd averse to it and he for Experiments sake rose up and with some seeming warmness oppos'd it immediately the House took the Alarm and in opposition to him voted it They knew likewise that it was determined to destroy them and gratifie their Enemies and that the reason why they were not allow'd to debate the main Point the justice and reasonableness of the Acts of Settlement and Explanation was because that could not be done without shewing what Traitors and Murtherers the Papists had been whom King James was then about to gratifie a thing which he would by no means endure to hear 5. The Reason therefore why the Protestants made so vigorous an opposition and plyed the King and his pretended Parliament with so many Petitions Representations and Intercessions was to stop the Mouths of those that they foresaw would be apt to impute their Misfortunes to their sullenness or negligence that would not be at the pains of an Application to save themselves and to demonstrate to the World that the Destruction brought on them was not a thing of chance but that it proceeded from a formed and unalterable design of their Enemies to destroy them insomuch that they never could have expected to enjoy one Foot of Estate or quiet hour in the Kingdom if King James had continued
common defence but were met in the way by a small Party of King James his Dragoons to whom they surrendred themselves on Articles of Safety and Liberty Notwithstanding which they were robb'd and made Prisoners and tho many of them had plentiful Estates yet these were seized by King James's Commissioners and nothing allowed them to preserve their Lives except the charitable Contributions of their fellow Protestants from several parts of the Kingdom They were brought to Tryal before Judge Martin who perswaded them to plead guilty assuring them of the Kings Mercy who was just then landed They were over perswaded by him tho they had not been guilty of any overt Act that could be construed Treason or proved against them as their Lawyers informed them The Judge as soon as he had prevailed with them to confess themselves guilty past Sentence of Death on them and with much ado and a Sum of Money they procured a Reprieve which they were forced to renew from time to time They continued under the Sentence of death in close Imprisonment being removed from Jail to Jail till the general Deliverance by his Majesty's Victory all which time they were not only in a starving condition but likewise had once a Summons sent them either in jest or earnest to prepare for Execution by the Earl of Clanrickard who came to Gallway about the beginning of November 1689. and sent them word that they must prepare for death on the sixth of the same Month for it was his Majesty's pleasure that they should then be executed and accordingly the Sheriff appear'd with all necessary Preparation for their Execution on the day appointed There was indeed no such Order but his Lordship being a new Convert thought it allowable to put this Jest on them as a Testimony of his Zeal against Hereticks and there was no other reason but this given why he put so many Gentlemen into that terrible fright But all Protestants who heard it were very ill pleased that the Lives of so many of them should be thought a proper Subject for a Jest and no notice taken of those who made it and considering the Solemnity and Circumstances with which he carried on this Jest the very Roman Catholicks judged it unseasonable 4. The Protestants had reason to fear their Lives when they saw that they were in the Hands of such as not only broke all Articles and Conditions with them but likewise violated the Kings Protections granted to poor innocent People that had no ways offended him This was the case of many in the County of Down tho they had Protections granted them and lived quietly yet not only their Goods were taken from them but likewise their Wives and Daughters were ravished by the Soldiers They were most sensible and impatient of this Injury and yet proceeded no further than to complain of it to the chief Officers and to demand redress from them The Answer they had was That these Robbers and Ravishers had no Authority from the King for what they did and therefore they advised the Complainants to fall on them and oppose them if they made any further attempts on the Country The poor People were satisfied with the answer and resolv'd to do as they were directed and accordingly fell upon the next Party of Soldiers they found plundering and committing Outrages on the Country People and they killed some of them This instead of being approved as they were made to believe it would be was counted a Rebellion and immediately Major Gen. Bohan was sent among them with a Party who massacred about Five or six hundred of them in cold Blood for several days together Many of those who were killed were poor old impotent People many were killed at their Work and while they were busie about their own Affairs and suspected no such matter King James was so far from resenting the barbarous usage of these poor People that he rail'd on this occasion against Protestants in general representing them as false and perfidious for said he many were killed with my Protestions in their Pockets not considering the Reflection was on his own Party against whom his Protection as appear'd by his own Confession was no Security And when Men were thus slaughtered with his Approbation notwithstanding his Protections in their Pockets it was but reasonable for such as survived to think of some other way of protecting their Lives If he had design'd in earnest to have secured his Subjects Lives or to prevent their destruction he would have made Examples of those who robb'd or kill'd such as had been at the Charges of taking out Four or Five Protections and yet were never the safer or securer of their Fortunes or Lives The violation of Protections in the County of Derry and Donnegall was yet more barbarous and satisfied all Protestants that they ought not to expect any Security of their Lives whilst under the power of such Men. The noise of the Siege of Derry has fill'd the World and such an Account is given of it as supersedes my insisting on it The City is neither well scituated nor well fortified it has no More about it nor Counterscarp and the Bastions are so small that they are not capable of so many men as are requisite to defend the Curtains against a vigorous Attack and so ill placed that their Guns do hardly clear it Yet the whole strength of King James's Army assisted with his French Engineers could never come so near it as to dismount one Cannon on the Walls or make a Breach in them this proceeded from the Cowardize of the Besiegers who according to the nature of Cowards stuck at no Cruelty to gain their purpose They considered that the besieged had many Relations in the neighbouring Country and that they had a general kindness for all the Inhabitants thereabout being if not their Relations and Acquaintance at least their Countrymen and Protestants The Besiegers therefore hop'd to take advantage of this tenderness and good Nature of the besieged to reduce the Town and in order to it made use of this Stratagem which I think was of their own Invention for I do not remember to have met any thing like it in History nor do I believe it was ever practis'd by any Nation unless the French have used it in their late Wars Thus it was General Rosen issued out Orders to bring together all the Protestants Men Women and Children protected and not protected and to set thâ—â— before the Walls there to receive the shot of the Besieged whilst the Besiegers made their Approaches under their Covert and in the mean time to starve and famish them if their Friends in the Town would not out of compassion to them yield up themselves and City into the Hands of these Murtherers The Dragoons and Soldiers executed this Order with the utmost rigour they first stript and then drove the whole Country for Thirty Miles about before them not sparing Nurses with their sucking Children
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
Clergy were established in Ireland by as firm Laws as the Properties of the Laity The King by his Coronation Oath was obliged to maintain them Their Tithes and Benefices were their Free-holds and their Priviledges and Jurisdiction were settled and confirmed to them by the known and current Laws of the Kingdom according to which the King was obliged to govern them and whereof he was the Guardian The Clergy had beside all this peculiar Obligations on him and a Title to his Protection for they had espous'd his Interest most cordially Whilst Duke of York they used their utmost diligence to perswade the People to submit to Gods Providence and be content with his Succession to the Crown in case his Brother dyed before him and they prest that point so far that many of their People were dissatisfied with them and told them often with heat and concern what reward they must expect for their pains if ever he came to the Throne they saw their danger but could not imagine any man would be so unpolitick and ungrateful as to destroy such as had brought him to the Throne and could only keep him safe in it and therefore they ventured all to serve him and many of them by their Zeal for him lost the Affections of their People and their Interest with them It was chiefly due to their diligence and care that his Title from the beginning met not the least opposition in Ireland tho the Army in it were intirely Protestant Had they and the rest of the Protestants in this Kingdom been in any measure disloyally principled in the time of Monmouth and Argile's Rebellion they might easily have made an Insurrection more dangerous than both those and the least Mutiny or revolt amongst them could hardly have failed to have ruined King James's Affairs at that critical time but they were so far from attempting any such thing that they were as ready and as zealous to assist him as his very Guards at Whitehall which he himself could not but acknowledge how he rewarded them I have already shewn and how grateful he was to the Clergy that thus principled them will appear by the Sequel 4. First therefore when his Majesty came to the Crown he declared that he would protect the Church of England in her Government and Priviledges under which we suppos'd the Church of Ireland to be concluded And accordingly the Clergy and People of this Kingdom return'd his Majesty their Address of Thanks though they very well knew that this was no more than was due to them by the Laws and by the King's Coronation Oath in particular But they were soon told by the Roman Catholicks that his Majesty did not intend to include Ireland in that Declaration and that it must be a Catholick Kingdom as they term'd it Every discerning Protestant soon found by the method they saw his Majesty take that he in earnest intended to settle Popery in England as well as Ireland but he thought himself so sure of effecting it suddenly in Ireland that his Instruments made no scruple to declare their intentions nay they were so hasty to ruin our Religion that they did not so much as consult their own Safety but even before it was either seasonable or safe in the opinion of the wiser sort amongst themselves they began openly to apply all their Arts and Engines to effect it 1. By hindring the Succession and Supplies of Clergy-men 2. By taking away their maintenance 3. By weakning and then invading their Jurisdiction 4. By seizing on their Churches and hindring their Religious Assemblies 5. By violence against their Persons And 6. By slandering and misrepresenting them and their Principles SECT XV. 1. King James in order to destroy the Protestant Religion hindred the Education and Succession of Clergy-men 1. THE Good and Support of Religion doth very much depend on the educating and principling Youth in Schools and Universities and the Law had taken special care that these should be in the hands of English men and Protestants and the better to secure them the Nomination of the Schoolmasters in every Diocess except four is by a particular Act of Parliament lodged in the Lord Lieutenant or Chief Governour for the time being The Clergy of each Diocess by the Act are obliged to maintain a Schoolmaster and his Qualifications are described in the Act. But when the Earl of Tyrconnel came to the Government he took no notice of those Laws but when any School became void he either left it unsupplyed or put a Papist into it And in the mean time great care was taken to discourage such Protestant Schoolmasters as remain'd and to set up Popish Schools in opposition to them Thus they dealt with the School of Killkenny founded and endowed by the charitable Piety of the late Duke of Ormond they set up a Jesuits School in the Town and procured them a Charter for a Colledge there they drove away the Protestant Schoolmaster Doctor Hinton who had officiated in it with great industry and success and seiz'd on the School-house commonly call'd the Colledge and converted it to an Hospital for their Soldiers Thus in a few years they would not have left one publick School in the hands of a Protestant for the Education of their Youth 2. There is but one University in Ireland and there is a Clause in the Statutes thereof that gives the King Power to dispense with the said Statutes it was founded by Queen Elizabeth and certainly never designed by her or her Successors to be converted against the fundamental Design of its Institution into a Seminary of Popery yet advantage was taken of this Clause though we had reason to believe it would have been done if there had been no such Clause to put in Popish Fellows as soon as the Fellowships became vacant one Doyle a Convert was the first who was named a Person of so exceedingly lewd and vicious a Conversation as was fully prov'd before the Lord Tyrconnell and of so little Sence or Learning that it seemed impossible that any Government should have countenanc'd such a Man yet this did not much weigh with his Excellency and therefore the Colledge insisted upon another Point the Dispensation that Doyle had gotten through his ignorance was not for his purpose for it required in express Terms that he should take the Oath of a Fellow and that Oath includes in it the Oath of Supremacy the Provost tendered it to him but he durst not take it for fear of disobliging his own Party upon this they refused to admit him he insists on his Claim and complains to the Lord Deputy upon a hearing Justice Nugent Baron Rice and the Attorny General supplyed the Place of Advocates for him but the Case was so plain that even Justice Nugent had not the confidence to deny the insufficiency of his Dispensation and therefore they ordered him to get another But to be even with the Colledge for demurring on the King's Mandate they stopt
the Money due to it out of the Exchequer 3. The Foundation consists of a Provost Seven Senior and Nine Junior Fellows and Seventy two Scholars these are partly maintain'd by a Pension out of the Exchequer of 388. l. per Annum this Pension the Earl of Tyrconnel stopt from Easter 1688. and could not be prevail'd with by any intercession or intreaties to grant his Warrant after that time for it by which means he in effect dissolv'd the Foundation and stopt the Fountains of Learning and of Religion this appeared to have been his design more plainly afterwards for King James and his Party not content to take their maintenance from them proceeded and turn'd out the Vice Provost Fellows and Scholars seiz'd upon the Furniture Books and publick Library together with the Chappel Communion Plate and all things belonging to the Colledge or to the private Fellows or Scholars notwithstanding that when they waited on him upon his first arrival in Dublin he promis'd That he would preserve them in their Liberties and Properties and rather augment than diminish the Priviledges and Immunities granted to them by his Predecessors In the House they placed a Popish Garrison turn'd the Chappel into a Magazin and many of the Chambers into Prisons for Protestants the Garrison destroy'd the Doors Wainscots Closets and Floors and damnified it in the Building and Furniture of private Rooms to at least the value of 2000. l. One Doctor Moore a Popish Priest was nominated Provost one Macarty Library Keeper and the whole designed for them and others of their Fraternity 4. It is observable that there was not the least Colour or Pretence of Law for this violence nor could they give the least Reason in Law or Equity for their proceeding except the necessity of destroying of the Protestant Seminaries of Learning in order to destroy their Religion This made them so eager against the Collegians that they were not content to turn them without Process or Colour of Law out of their Free-holds but they sent a Guard after them to sieze and apprehend their Persons and it cost the Bishop of Meath their Vice-Chancellor all his Cunning and Interest with the Governour Lutterell to prevent their Imprisonment With much ado he was prevailed on to let them enjoy their Liberties but with this Condition that on pain of Death no Three of them should meet together So sollicitous were they to prevent the Education of Protestants under Persons of the same Profession and that there might be none to succeed the present Clergy 5. With the same design they hindred the succession of Bishops and inferiour Clergy-men into the room of those that dyed or were removed the Support of Religion as is well known depends very much on the choice and settling of able and fit Persons in Vacancies and it so happened that partly by the uncertainty of Estates partly by frequent Forfeitures to the King partly by the grasping of the Prerogative and other Accidents most of the considerable Preferments and Benefices of the Church were in the disposal of the Crown there are very few Livings in Ireland in the Presentation of Lay Patrons but they either belong to the King or the Bishops The Bishopricks are all in the King and all the Livings in the Bishops Patronage are in the Vacancy of the Bishoprick likewise the Kings This is a great Trust and the King is bound to dispose of it for the good of the Church But King James plainly design'd by the means of his Trust to destroy the Church that had intrusted him for instead of giving the Preferments as they fell to good and able men who might preserve and maintain the Interest of their Religion he seiz'd them into his own hand had the Profits of them returned into the Exchequer and let the Cures lye neglected The Archbishoprick of Cashell the Bishopricks of Clogher of Elphin and of Clonfert were thus seiz'd with many Inferiour Livings and the Money received out of them dispos'd to the maintenance of Popish Bishops and Priests directly against the Laws and Constitution of the Kingdom 6. At this rate in a few years all the Preferments and Livings of the Kingdom of any value must have fallen into the King's hands and we must have expected to have seen them thus dispos'd of for as many as fell after King James's time were put to this use and we were assured by the Popish Priests that all the rest as they became vacant were design'd to the same Purpose and they were so unreasonable that though both Law and Justice allow a competency for serving the Cure whilst a Living upon any Account whatsoever is in the King's Hand yet the Commissioners of the Revenue and Barons of the Exchequer would allow nothing the Bishop of Meath made an Experiment of this Some Livings in his Diocess upon the Death of one Mr. Duddle the Incumbent were seiz'd by the Commissioners of the Revenue being in the King's Presentation the Bishop did what was in his Power towards supplying the Cure and according to his Duty appointed a Curate assigning him a Salary according to the Canons but the Commissioners would not allow him any thing and though the Bishop endeavoured it and petition'd both the Commissioners and Barons of the Exchequer yet he could never get any thing for the Curate This was a Precedent and the same was practis'd in all other Cases all the Absentees Cures were in the same Condition and though they yielded plentifully to King James yet the Curates had no other maintenance than the voluntary Contributions of the poor plunder'd Protestant Parishioners who were forced to pay their Tythes either to King James's Commissioners or to Popish Priests who had Grants of them 7. This was an effectual though a slow way of putting an end to the Ministry at least to deprive them of all legal Title to Preferments for the Bishops being most of them old would soon have dropt off and King James was resolved to have named no more and so the legal Successions of Bishops must in a short time have ceas'd and all the Livings depending on them must likewise have gone in course to maintain Popish Priests that is all the Deanries Dignitaries and most other Benefices 8. The Papists upbraided us with out want of Power and seem'd to laugh at the Snare into which we were fallen by means of our Popish King not considering that this proceeded from a manifest Breach of Trust and Faith in him and that the Case is the same in all Trusts if the Trustees prove faithless and even in all Popish Countries the Kings have the nomination of Bishops as well as in England and that the Succession of Bishops had almost lately failed in Portugal upon some difference between the King and Pope and the Advocate General of France Mr. Dennis Tallon tells us in 1688. that Thirty five Bishopricks being about a third part of the whole Number were vacant in that Kingdom on the same account
though the Protestants concerned sollicited it with the utmost eagerness and diligence even to the hazard of their Lives yet they could never procure the King and Councils Order for the restitution of their Church to be executed or obeyed and so they continued out of it till His present Majesties success restor'd them and their fellow Protestants to their Churches as well as to their other just Rights 12. Now here we had a full demonstration what the Liberty of Conscience would come to with which King James thought to have amused Protestants and of which he boasted so unmeasurably if once Popery had gotten the upper hand He and his Parliament might have made Acts for it if they pleas'd but we see here that the Clergy would have told them that they medled with what did not concern them and that they had no power to make Acts about Religious Matters or dispose of the Rights of Holy Church and we see from this Experiment who would have been obeyed We found here upon tryal that when King James would have kept his word to us it was not in his power to do it and that his frequently repeated Promises and his Act of Parliament for Liberty of Conscience could not prevent the demolishing defacing or seizing Nine Churches in Ten through the Kingdom and discovered to us That the Act for Liberty of Conscience was only design'd to destroy the Establish'd Church and not that Protestants should have the Benefit of it 13. Having taken away our Churches and publick Places of meeting the next thing was to hinder our Religious Assemblies It is observable that the Act of their pretended Parliament for Liberty of Conscience promises full and free exercise of their respective Religions to all that profess Christianity within the Kingdom without any molestation loss or penalty whatsoever but assigns no punishment to such as shall disturb any in their Religious Exercises and there was good reason for that omission for by this means they had left their Officers and Soldiers at liberty to disturb the Religious Assemblies of Protestants without fear of being call'd to any account 14. By the Act an open free and uninterrupted access was to be left into every Assembly and they commonly had their Emissaries in every Church to see if they could find any thing to object against the Preacher But the Ministers did not fear any thing could be objected even by malice on this Account and therefore when they found they were not like to make much of this they let it fall and the Officers and Soldiers came into the Churches in time of Divine Service or in time of Sermons and made a noise sometimes threatning the Ministers sometimes cursing sometimes swearing and sometimes affronting or assaulting Women and picking occasions of quarrels with the Men and comitting many disorders it vex'd and grieved them to see the Churches full contrary to their expectation that neither their Liberty of Conscience nor multiplying their Mass-houses nor their driving away several thousands of Protestants into England had in the least emptied them that their Liberty of Conscience instead of dividing had rather united Protestants and that the zeal and frequency of Devotion amongst those that remained supplyed the absence of those that were gone and crowded the Churches rather more than formerly it grieved them much to see those things and they on all occasions vented their spleen against the Assemblies of Protestants 15. In the Country where Churches were taken from the Protestants they met in private Houses and where their Ministers were gone and their maintenance seiz'd others undertook the Cures either gratis or were maintain'd by the voluntary Contributions of the People So that there appear'd no probability that Protestantism would be destroy'd without violence The Papists saw this and therefore watched an opportunity to begin it On the Sixth of Septem 1689. upon pretence of a Case of Pistols and a Sword found in some out part of Christ Church in Dublin they lockt it up for a Fortnight and suffered no Service to be in it On the Twenty seventh of October they took it to themselves and hindred Protestants to officiate any more in it On the Thirteenth of September on pretence of some Ships seen in the Bay of Dublin they forbad all Protestants to go to Church or assemble in any Place for Divine Service July 13. 1689. there issued out a Proclamation forbidding Protestants to go out of their Parishes one design of this was to hinder their Assemblies at Religious Duties for in Ireland generally Two or Three Parishes have but one Church and consequently by this one half were confined from the Service of God through the Kingdom June 1690. Colonel Lutterel Governour of Dublin issued his Order forbidding more than Five Protestants to meet together on pain of Death he was askt whether this was designed to hinder meeting at Churches it was answered that it was design'd to hinder their meeting there as well as in other places and in execution of this all the Churches were shut up and all Religious Assemblies through the Kingdom forbidden under pain of Death and we were assured that if King James had return'd Victorious from the Boyn it was resolved that they should never have been opened any more for us and the same excuse would have served for his permitting this that serv'd him the former year for not restoring the Churches taken away in his absence at the former Camp even that he must not disoblige his Roman Catholick Clergy Thus God gave them opportunity to shew what they intended against our Religion even to take away all our Churches and hinder all our Religious Assemblies and when they had brought their Liberty of Conscience to this and we had been obliged upon pain of Death to forbear all publick Worship for a Fortnight then he sent us deliverancâ— by means of his present Majesties Victory at the Boyn which restor'd us the Liberty of worshiping God together as well as the use of our Churches SECT XIX 5. The violences used by King James's Party to make Converts and to discourage the Protestant Ministers 1. BUT all these methods of ruining the Protestant Religion seem'd tedious to the Priests and therefore they could not be prevail'd with to abstain from violence wherever they had a fair opportunity to use it they applyed it with all diligence Several Protestant Women were married to Papists many of these used unmerciful Severities to their Wives and endeavoured by hardships and unkindness to weary the poor Women out of their Religion some stript them of their Clothes kept them some days without Meat or Drink beat them grievously and at last when they could not prevail turn'd them out of their Houses and refus'd to let them live with them Some sold off all that they had turn'd it into Money and left their Wives and Children to beg for no other Reason but because they would not forsake their Religion And this carriage was
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
Collection that no body ever askt their opinion of it much less had they given any certificate concerning it and that they could give no censure of it having neither read it or the Sermons out of which it is pretended to be taken This discovery would have daâ—ht any other out of Countenance but Mr. Yalden went on his way and became every Day more and more abusive till he and his Abhorrences were routed together His work was to magnifie the Party that adhered to King James in England to represent their present Majesties interest as sinking to blackâ—n and abuse all Protestants and to vent his Spite in a more peculiar manner against the Clergy whom he endeavoured to redicule and make odious to the Government and if possible to sow dissention between them and their People We have reason to thank God that he had no success but yet the Countenance he and his Papers met with from the Government his Abhorrences being Licensed either by Sir Richard Nagle or Albâ—ville Setretaries of State plainly discover what inclinations they had towards the Protestant Religion and Clergy 6. And now upon the whole I suppose it is manifest by what has been said in this and the former Section that King James not only designed to destroy us but also made a considerable progress in it and 't would have been inexcusable ingratitude to God and to their present Majesties if we should have refused to close heartily with a Government that rescued us from so great misery and apparent danger nor can any reasonable Man blame those amongst us that desired or assisted in this deliverance and to their utmost power laboured to procure it 7. If a Christian Army should go at this time into Greece to redeem the Christians there from the slavery of the Turks I would enquire of any indifferent Casuist whether it were lawful for the oppressed Grecians to accept of that deliverance and to join heartily with and recognize their Redeemers and I am well assured there is not one argument could be produced to justifie such a defection in them but it may be urged with greater force in our vindication The usage we have met with being full as inhumane as any thing they suffer and with this aggravation that every Act of violence exercised against us is likewise against the Laws and against the nature and Constitution of our Government whereas their Laws vest their Emperour with an absolute power and they have no other title to any thing but his will every Act therefore of oppression from our King was so much more intolerable and provoking to us than the like from the Grand Signior is to his Subjects as an illegal violence is more insupportable than a legal CHAP. IV. That there remain'd no other Prospect or human Possibility of avoiding this Slavery and Destruction design'd against the Kingdom and Protestants of Ireland but by accepting of the Protection and submitting to the Government of their present Majesties 1. BY the foregoing part of this Discourse it appears that we had nothing left us to oppose to the Invasions made on our Liberties Properties Lives and Religion That neither the Laws nor the King's Protections and Articles or Declarations in our favour That neither particular Services and Merits towards the Royal Interest nor King James's natural Compassion and merciful Disposition nor lastly his own Interest in protecting and preserving us could secure us but that notwithstanding all these we were brought to the very brink of Destruction There remain'd therefore no other prospect or possibility for us to avoid this Destruction but his present Majesties interposing on our behalf as he had done for England A Providence of which we so little dreamt and which was so strange so unexpected and so effectual that we cannot but believe something extraordinary in it and that he was rais'd up by God to be a Deliverer to us and the Protestant Cause 2. An unreasonable request it had been now to the Protestants of this Nation in this condition to which they were brought to have desir'd them to have sat still and not made use of that opportunity which God put into their Hands to rescue themselves and their Country from Slavery and Ruine And yet this is it our Adversaries would have had us declin'd been contented with what they had brought upon us and expected some new Miracle in our Deliverance 3. For when the Protestants here complain'd of the Pressures under which they lay their Popish Acquaintance used to tell them that they ought to be patient that Christ had endur'd more whilst on Earth and that they ought not to trouble themselves about their Sufferings or Deliverance but leave all to Providence and see what God would do for them and took it very ill that they or those whom they had driven from hence should endeavour to do any thing for themselves It is true Sermons of Patience and Submission to the Will of God were very proper and necessary in our Circumstances but then they were most improper in the Mouths of our Enemies who brought and continu'd those Injuries and Sufferings on us contrary to Law and Justice under which they endeavoured to perswade us to be patient and from which they would not allow us to seek relief and whilst they continu'd their Oppressions their advising us to depend solely on a new Providence for our Deliverance was the same reproach and scoff that the Apostate Julian put on the Primitive Christians whose Petitions for Justice he put off by telling them Their Master advis'd them to be patient and pronounc'd them blessed when persecuted And yet we did exactly follow this advice though given in railery and did not make the least step to right our selves by force till God's Providence appear'd signally for these Kingdoms in raising them up a Deliverer and putting the Crown on their Majesties Heads 4. And now what Reason have we thankfully to embrace and to bless God for the kind Offers of a Prince who out of a publick Spirit generously ventured himself and all that he had to save the Protestant Religion the Interest of Europe and these Kingdoms in particular from the united Designs of France and King James to enslave and ruin them It is true God could have wrought a Miracle for us when nothing else would have saved us but we should have had little reason to expect it if we had rejected this contrivance of Providence that seem'd next to miraculous I am sure some things are recorded in History as Miracles which were not accompanied with such extraordinary Circumstances as our Delivery We neither had nor have in our utmost view another chance besides this to preserve us from Slavery Misery and Ruine and our Enemies would have had more reason to applaud their Wit than the World allows them if they could have perswaded us to reject this and to trust to a new Miracle We had only in our prospect this one thing to save our Lives
to take us out of Jail to restore our Laws our Employments the free exercise of our Religion our Fortunes and Estates when we were unjustly depriv'd of them and 't was a very modest expectation in them and answerable to their other measures of Politicks to think a People harrass'd and stript and plundred and condemned by them to lose their Lives and Estates which was the Case of all those who fled from hence to England and in great measure of most of those that staid here should in the height of their smart and sufferings reject the kind offers of a Deliverer to depend on a Miracle yet they pretend this is what we ought to have done and because we did it not they rail at us in the most bitter Terms they call us Rebels and Traitors Villains and Atheists and load us with all the approbrious Names their Malice and Revenge can suggest But we cannot blame them to be angry the hungry Wolf if he could speak would curse and rail as heartily at the Shepherd that rescues the Lamb out of his Paws as they do at us or our Deliverer they had devour'd us in their Imaginations they had got the Civil and Military Sword into their Hands and engrost all Places of Trust and Profit these with the Legislative Power in the hands of our ancient and most malicious Enemies were more than enough to have destroy'd us but just when they should have divided the Spoil and concluded the fatal Tragedy the Prince of Orange his present Majesty interposeth and rescueth us this disappointment mads them beyond all bounds of patience and casts them into strange fits of railing and cursing Hell Damnation Confusion to him and his Royal Consort were continually in the Mouths of their Men Women and Children with these they used to entertain one another at their Tables and Debauches and endeavoured to force them by way of Healths on Protestants In short they spare no ill Name or Execration that impotent Rage could vent or invenom'd Rancour could suggest but when all is done in their quiet Intervals their Consciences cannot but acquit us and many of them made no scruple to confess That there was no medium but that either we or they must be undone and when that was the unavoidable choice that they according to their own confession had put on us I assure my self the World will not only excuse us but will think it was our Duty to have done what we did since they had left us no other visible way but this to avoid certain and apparent Destruction CHAP. V. A short Account of those Protestants who left the Kingdom and of those that staid and submitted to King James SECT I. Concerning those who went away 1. THE former Discourse I suppose is sufficient to justifie the Protestants of Ireland as to their submission to the Government of their present Majesties and to shew the Reasons for their earnest desiring and thankfully accepting of that Deliverance which Providence offered us by their means It remains only to speak a few words in particular of those that left the Kingdom and of those that staid and submitted to King James that they may understand the truth of each others Circumstances and not either of them unjustly censure the other 2. As to those that absented themselves out of the Kingdom it is certain that they offended against no Law in doing so it being lawful for any Subject to transport himself out of one part of the Dominions of England into another it is true that there is a Law or Custom that requires such as hold Offices from the King to take a Licence from the Chief Governour but the Penalty of this is no more than the forfeiture of their Offices and I find it disputed among the Lawyers whether it reach so far now few of those that went away compar'd with the whole number of them were Officers those that were generally took Licences of absence and at worst it was at their own Peril and it had been a great severity to have taken the forfeiture which was the sence of the whole Parliament of England in making an Act to exempt such from incurring any loss 3. But Secondly they had great reason to go out of the Kingdom because they foresaw that it would be the seat of Warr they saw 40 or 50 m Men put into Arms without any fund to maintain them they knew these to be their bitter and sworn Enemies they saw the course of Justice stopt against them and their Stocks and Cattle taken away before their faces several Gentlemen of the Country lost to the value of some 1000 l. before they stirr'd and to what purpose should they stay in a place where they certainly knew that all they had would be taken from them and their Lives expos'd to the fury of their Enemies Thirdly They had no reason to stay because they could not expect to do any good by their staying or to save the Kingdome the Papists had all the Forts and Magazins of the Kingdom in their hands they had all the Arms and publick Revenues they were in number Four or Five to one Protestant and they had the face of Authority on their side and then what could a scattered Multitude without Arms without Leaders and without Authority hope to do in their own defence by going into England they reckon'd themselves not only safe but likewise in a way of serving their Countrey 'T was from thence they expected Arms Ammunition and Commissions by the help of which they might put themselves in some capacity of rescuing their Estates and Friends they left behind which they lookt on as much better Service than to stay and perish with them 4. Fourthly the memory of the cruel usage and difficult times those met with who staid in Ireland in 1641. did frighten and terrifie all that reflected on them the number of those that were then massacred and starv'd was incredible and those that escap'd got away with such circumstances that the memory of what they had suffered was as ill as death if any will be but at the pains of reading over Sir John Temples account of the first half Year of the War or rather Massacre he will be satisfied that it was no unreasonable fear made so many Protestants withdraw out of the reach of such barbarities the same Men or their Sons that committed all those bloody murders and inhumanities were again arm'd in a much more formidable manner than they ever had been before and yet at that time they were able to maintain a War for Twelve Years and live by spoil and robbery and then what were the Children of those whose Parents had been murthered by them to expect but the same fate or at best a miserable Life in a desolate and spoild Country in which no wise Man would choose to live if he could help it indeed they could not expect to live long after all was taken from them but must in
George of Athlone and John Gardner of Tulsk Gent. all in the County of Roscomon Thomas Jones of Armurry in the County of Mayo Gent. Hunry Gun of .... Clerk Francis Cuffe of Ballinrobe Esq Henry Nicholson of Dromneene Gent. William Pullen of Ballinrobe Clerk and all in the County of Mayo Thomas Osborne of ...... in the County of Leytrim Gent. Thomas Buckridge of ....... Gent. Thomas Coote of ....... Esq Charles Campell of ...... Esq Benjamin Fletcher of James-town Esq and Dr. John Lessley all late of the County of Leytrim Have absented themselves from this Kingdom and have gone into England or some other Places beyond the Seas since the Fifth day of November last or in some short Time before and did not return although called Home by your Majesties gracious Proclamation Which absenting and not returning cannot be construed otherwise than to a wicked and traiterous Purpose and may thereby justly forfeit All their Right and Pretentions to all and every the Lands Tenements and Hereditamentsto them belonging in this Kingdom Be it therefore enacted by the Authority aforesaid That in case the said Person and Persons do not by the First day of September One thousand six hundred eighty and nine of his or their own accord without Compulsion return into this Kingdom and tender him and themselves to the Chief Justice of his Majesties Court of King's-Bench or to some other Judg of the said Court or Judg of Assize in the Circuit or any of the Lords of your Majesty's most Honourable Privy-Council to be charged with any Crimes to him or them to be imputed that then or in case he or they upon such his or their Return shall be Convicted by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand Mute such Person and Persons so Absent and not returning as aforesaid or after his or their Return being Convict of High-Treason as aforesaid shall from and after the First day of September One thousand six hundred eighty nine be deemed reputed and taken as Traitors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason are accustomed But in case such Person and Persons so returning be upon such his or their Trial acquitted or discharged by Proclamation then such Person and Persons respectively shall from thenceforth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding And whereas the several Persons hereafter named viz. Robert Ridgway Earl of Londonderry Arthur Loftus Viscount Loftus of Ely .... Beamount Viscount Beamount of Swords ..... Chaworth Viscount Chaworth of Armagh .... Fairfax Viscount Fairfax of Emly ..... Tracy Viscount Tracy of Rathcoole ..... Ogle Viscount Ogle of Catherlogh Lewis Trevor Viscount Dungannon Folliott Lord Folliott of Ballyshannon George Lord George of Dundalk ..... Fitz-Williams Lord Fitz-Williams of Lifford .... Hare Lord Colerain Richard Lord Baron of Santery Antham Annesly Lord Baron of Altham Lawrence Barry commonly called Lord Battevant John Power commonly called Lord Deces Sir Standish Hartstonge of Broffe Kt. Sir Walter Plunket of Rathbeale Kt. Sir William Meredith of Kilriske Kt. Sir John Parker of Farmyle Kt. Sir Richard Stephens of Rosse Kt. Sir Maurice Eustace of Baltinglass Kt. Sir St. John Broderick of Ballyannon Kt. Sir Michael Cole of Enniskilling Kt. Sir Charles Chiney Kt. Sir Charles Lloyd Kt. Sir Algernon Mayo of Rogers-town Kt. Sir Richard May Kt. Sir Joseph VVilliamson Kt. Sir William Barker of Abbeykillcooly Kt. Christopher Usher of the City of Dublin Esq Richard Leeds Merchant Maurice Kealing Esq Dr. .... Dominick Dr. .... Dunne Capt. John Quelsh of St. Stephens Green William Bazil Esq Thomas Howard Clerk to the Yeield Richard Nuttall Merchant Gideon Delane Gent. William Robinson Esq Richard Barry Gent. Capt. William Shaw and Philip Harris Esq all late of the City of Dublin John Bulkely of Old-Bawne in the County of Dublin Gent. Robert Boridges of Finglass Esq Alexander Frazier of Meagstown Esq Edward Bolton of Brazille Gent. Humphrey Booth of Ballyhack Gent. Edmond Keating of Corballis Esq Chambre Brabazon of Thomas-Court Esq Dacre Barrett of Cripple-stown Esq Arch-Deacon John Fitz-Gerrald Richard Bolton Esq William Barry of Sautery Gent. and Martin Bazill of Donicarney Gent. all late of the County of Dublin James Barry of Kelleystown in the County of Kildare Gent. Thomas Holmes of Castledermott Gent. Cornet Richard Wybrants of Bunchestown Maurice Keating of Norraghmore Esq Garrett Wesly of Old-Connel Esq Richard Mereeith of Shrewland Esq Samuel Syng Dean of Kildare and Christopher Lovett of Nourny Gent. all late of the County of Kildare Richard Boyle of Old-Leighlin in the County of Caterlogh Esq John Hollam of Island in the King's-County Gent. Joseph Hawkins Gent. Samuel Hawkins Gent. Arthur Shane Esq Son to Sir James Shane Henry Westenray Esq Martin Baldwin of Geshell Esq all late of the King's County George Bridges of Burrows in the Queen's County Esq Richard Pryor of Rathdowny Gent. Francis Barrington of Cullenagh .... Daniel of Ironworks Gent. Brooke Bridges of Kilmensy Gent. Charles Vaughan of Derringvarnoge Gent. Hugh Merrick Gent. Nathaniel Huett Gent. Robert Hedges of Borres Esq and Richard Warburton of Garryhinch Esq all late of the Queen's County Capt. Nicholas Sankey of Caldraghmore in the County of Longford Robert Viner of Killmure in the County of Meath Esq John Humpheries of Hollywood Gent. Dr. Robert Gorge late of Killbrew William Napper of Loghcrew Esq and Anthony Nixon of Oâ—chestone Gent. all late of the County of Meath James Stopford of Castletown in the County of West-Meath Gent. John Adams of Ledwitchtown Gent. Thomas Cooper late of Conmistown Gent. Richard Stephens of Athlone Gent. George Farmer of Rathnemodagh Gent. and John Meares of Mearescourt Gent. all late of the County of West-Meath Moses Bush of Kilfane in the County of Kilkenny Gent. John Bush of the same Gent. William Harrison of Grenane Gent. Zachary Cornick of Kilkenny Merchant Edward Stubbers of Callan Esq Hierom Hawkins of Killmuskulloge Gent. Joseph Bradshaw of Foulkesrath Gent. and Henry Ryder Prebendary of Mayne all of the County of Kilkenny Richard Rooth of .... in the County of Wexford Gent. Husband to the Countess Dowager of Donnegall John Bulkeley of Ballymorroghroe in the County of Wicklow Gent. John Humphery of Dunard Gent. Christopher Usher of Grange Esq Henry Whitfield of Portballintagart Esq William Robinson of Wicklow Gent. John Vice of the same Gent. Robert Peppard of the same Esq and Lawrence Hutson of Coolekennagh Gent. all late of the County of Wicklow Timothy Armitage of Atherdee in the County of Lowth Gent. Major John Reade of Ballorgan Robert Smith of Dromcashel Gent. Brabazon Moore of Atherdee Gent. and Thomas Bellingham of Garnanstown Esq all late of the County of Lowth Thomas Willis of Drogheda Gent.
Dowager of Roscomon Margaret Countess Dowager of Orrery Mary Countess Dowager of Orrery Katherine Countess Dowager of Ardglass Sir Edward Percivall of Burton Baronet Dame Hanna Knox of the City of Dublin Widow Richard Tygh Gent. Elizabeth Lloyd Widow ..... Newcomen Widow Cassandra Palmer Widow Jane Grelier of Damastreet Widow .... Wilson Wife to Mr. Wilson ..... Stopford Widow Jane Lady Best Elias Best her Son ..... Eccles of High-street Widow Ann Ormsby Widow Susanna Torcana of Esseâ—cstreet Spinster ..... Lady Hay ..... Hay her Son Fridayswed Lady Stephens Agnetia Hitchcock alias Stephens ..... Mossom Widow of Dr. Mossom the Minister Elizabeth Lady Cole ..... Lady Buekely ..... Whitfeild Widow of Mr. Whitfield John Johnson Esq Heir to William Williams Lady Isabella Graham Relict of Sir James Graham Lady Donnellan of Oxmantown James Knight Gent. and Isabella Stephens of the City of Dublin Margaret Bencham alias Bolton of Tobberbony in the County of Dublin Widow ..... Griffin of Newstreet ..... Margettson of Corballis Widow and Christopher Burr of Ballyaly Esq William Tygh of Brownestowne in the County of Kildare Gent. and Mary Barry of Kellystown Widow Edmond Pleydell of Tankardstown in the County of Catherlogh Esq .... Boate of Ballerchy in the King's County Gent. Jane Pettit of Tenlagh in the County of Longford Widow Frances Stopford of ..... in the County of Westmeath Widow Grace Cooper late of Dromore Widow and John Dodson of Coulanstown Gent. both in the County of Westmeath Ann Warden of Burne-Church in the County of Kilkenny Elizabeth Kealy of Ballymaclanghny Widow Mary Cremer of Cautwells Garrans Widow Elizabeth Lady Coulthroppe of Kilcolkeene ..... Vice Countess Dowager of Lansborough Frances Stopford of Claragh Widow and Martha Cuffe of Castlenich Widow all in the County of Kilkenny Lady Tabitha Totty of Prospect in the County of Wexford Elizabeth Lady Ponsonby and Agnes Masterson of Prospect Widow both in the County of Wexford Ann Carter alias Hopkins of ..... in the County of Wicklow Widow Katherine Carthy alias Newport of ..... in the County of Cork Widow Katherine Lady Percivall George Rye of Cork Gent. and Elizabeth Carty Daughter of Jeremy Carty all of the County of Cork ..... Lady Armstrong of Waterford Sarah Ledwich alias Shadwell Widow Sarah Aland of Ballinka both in the County of Waterford Elizabeth Lady Petty of ..... in the County of Kerry Ann Parnell of Kilosty in the County of Tipperary Widow ..... Parnel her Son .... Hunter of ..... Widow ..... Hunter her Son Elizabeth Frost Frances Biggs of Keadragh Widow Elizabeth Ward of Keile Jane Frost of ..... Margaret Walken of Ardmaile Widow Mary Hamilton Relict of Arch-Deacon William Hamilton of Emly Ann Hamilton Elizabeth Hamilton her Daughters Mary Davys and Jonathan Ash of Killoquirke Gent. all in the County of Tipperary Margaret Hamilton of Callidon in the County of Tyrone Widow Jane Davys of ..... in the County of Fermanagh Widow and Anna Catherina Lady Hamilton of Tullykeltyre in the County of Fermanagh Lettice Hart of Conlin in the County of Cavan Widow and Grace Kemson of Drumury in the County of Cavan Widow William Hill of Hillsborough in the County of Down Gent. are and for some time past have been absent out of this Kingdom and by reason of Sickness Nonage Infirmities or other Disabilities may for some time further be obliged so to stay out of this Kingdom or be disabled to return thereunto Nevertheless it being much to the weakening and impoverishing of this Realm that any of the Rents or Profits of the Lands Tenements or Hereditaments therein should be sent into or spent in any other Place beyond the Seas but that the same should be kept and employed within the Realm for the better Support and Defence thereof Be it therefore Enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments Use Trust Possession Reversion Remainder and all and every other Estate Title and Interest whatsoever belonging or appertaining to all and every of the Persons herein before last mentioned within this Kingdom be and are hereby vested in your Majesty your Heirs and Successors to the Use of your Majesty your Heirs and Successors Provided always That if any Person or Persons in the next foregoing Clause mentioned have hitherto behaved themselves Loyally and Faithfully to your Majesty that then if they or any of them their or any of their Heirs do hereafter return into this Kingdom and behave him or themselves as becometh Loyal Subjects and do on or before the last day of the first Term next ensuing after such their Return exhibit his or their Petition or Claim before the Commissioners for execution of the said Acts if then sitting or in his Majesty's High Court of Chancery or in his Majesty's Court of Exchequer for any such Lands Tenements or Hereditaments and make out his or their Title thereunto and obtain the Adjudication and Decree of any of the said Courts of and for such his or their Title That then and in such Case such Adjudication and Decree shall be sufficient to all such Person and Persons for devesting and restoring such Estate and no other as shall be therein and thereby to him or them adjudged and decreed and that the Order of any of the said Courts shall be a sufficient Warrant to all Sheriffs or other proper Officers to whom the same shall be directed to put such Person or Persons in the actual Seizin Possession of the said Lands any thing in this Act contained or any other Statute Law or Custom whatsoever to the contrary in any wise notwithstanding Provided always and be it further enacted by the Authority aforesaid That neither the said Act of Repeal or this Present or any thing in them or in either of them contained shall extend to or be construed to Forfeit or Vest in your Majesty your Heirs or Successors or otherwise to bar extinguish or weaken any Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of any Mortgage or Mortgages which on the said first Day of August One thousand six hundred eighty eight belonged or appertained to any Persons not being forfeiting Persons within the true intent and meaning of the said Act of Repeal or of this present Act and which ever since the said first Day of August One thousand six hundred eighty eight continued or remained in such Persons not being forfeiting Persons or devolved descended or come from them or any of them to any of their Heirs Executors or Administrators not being forfeiting Persons as aforesaid any thing in this Act or the said Act of Repeal to the contrary notwithstanding Provided always That the said Person or Persons claiming such Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of Mortgage do and shall exhibit his and their Claim for the same before the Commissioners for execution of the said Act of Repeal or of this present Act within sixty Days after the
that produced such Fatal Effects ought to be insisted upon or embraced If the King of France had not been too generous and too Christian a Prince were it not a sufficient Motive for him to reject the King in his Disgrace that upon those rotten Principles rejected his Alliance yet those and only those Principles will be made use of to perswade you there that you must not think of your own Restauration and Assurance at Home first but go into England to restore the Catholicks And if there be any other Adherents of the King 's there and that it will be time enough to think of your own Restauration after Which is the same as to say at Dooms-day For never a Catholick or other English will ever think or make a step nor suffer the King to make a step for your Restauration but leave you as you were hitherto and leave your Enemies over your Heads to crush you any time they please and cut you off Root and Branch as they now publickly declare And blame themselves they have not taken away your Lives along with your Estates long ago nor is there any Englishman Catholick or other of what Quality or Degree soever alive that will stick to sacrifice all Ireland for to save the least Interest of his own in England and would as willingly see all Ireland over inhabited by English of whatsoever Religion as by the Irish and yet by their fine Politicks they would perswade the Irish to come and save their Houses from burning whilst they leave their own on fire Which is no better than to look upon People as so many Fools when every body knows that Charity begins at Home that one's Charity for himself is the Rule and Measure of that he ought to have for his Neighbour diliges proximum tuum sicut teipsum Is it not a better and more Christian Politick for the King and all that are faithful unto him to restore first a whole Kingdom that stands out for him when all the rest failed to their Birth-right which they have been out of these Thirty Six Years only for being obstinately Loyal to his Father Brother and himself than to displease those who have been and are still Loyal and who can get any Condition they please from the Enemy to join with them by thus pleasing or trimming with those who never were or ever will be True or Faithful and when they are thus restored and no Enemies left in their Bowels that can do his Majesty or them any Harm then to go in a strong Body together with his Majesty into England join with all such that will prove Faithful and Loyal and so restore his Majesty to his Throne and each one to his right I would fain know from these trimming Politicks whether it be not securer and more honourable for the King to offer all fair Means and shew his Clemency to his People when he is in Condition to force them to what he pleases to exact of them than to be daily undervaluing himself by offering them all the fair Means imaginable which they slight and scorn because they seeing he has no Means to force them or do them Harm think he does all only out of fear and not by any sincere or true Affection And I would fain further know if it be not better and greater Policy for him to put the Kingdom of Ireland still so Loyal unto him upon the best and highest Foot both Ecclesiastical and Temporal he can contrive and yet granting it nothing but its natural Right and Due that it may be a Check upon the People of England who are ready every New-Moon to Rebel then to keep it still in a continual Slavery and full dependance on such perfidious and inconstant People and himself deprived of the support he can still have from thence against their Revolt I dare averr if Ireland were put upon such a foot by the King he shall never fear any Rebellion in England especially if Scotland be faithful to him and France a Friend all which can now be well contrived and concerted But when all is done I would fain yet know from those Politick Trimmers by what Law of God or Man Ecclesiastical or Politick they think Ireland is bound to be the Sacrifice and Victim of the Rebellion of England either for to hinder those turbulent People from Rebelling or for to Reconcile them to their Duty by giving them forsooth as Recompence the Estates of those unfortunate Catholicks and send themselves a begging I dare say no Catholick in England much less a Protestant who would so easily give his consent and advice that the Estates of the Irish Catholicks may serve as a Recompence for the English Rebels would willingly give a Plow-Land of his own Estate to Reconcile all the Rebels of England to their Duty if he were not afraid to lose his own whole Estate by the Rebellion and yet would advise to do to others what he would not have to be done to himself contrary to the great Rule and Maxim of Nature and Christianity Quod tibi fieri non vis alteri ne feceris I would fain further know from this Politick Trimmer so large of other Peoples Goods and so sparing of his own if one Province in England had revolted against their King as the whole Kingdom does now and that the rest of the Provinces continued faithful would they think fit or prudent to give their Lands and Estates to those Rebels for laying down their Arms and go beg themselves Or would the King expect or desire it from them No sure but rather that they should take up Arms and joyn with His Majesty to reduce and punish such Rebels in lieu of recompencing them with the Loyal's Estates And is not that the case of the Irish Why do you not then judge alike Or if you do not look upon an Irish man as a Fool why will you have him do what you say is not fit for your self or other fellow-Subjects to do in like case And sure you must think him a Fool and after-wit as you use to say if he will be perswaded by your Trimming Politick to leave his own Estate to his Enemy and come to save yours who would but laugh at him the next day at the best for his folly If their great and long Vexations have not given the Irish better understanding and know how little regard all the English whatsoever have for them they deserve to be dealt with like Fools But who would think it were Prudent or Politick for the King to bring a great Body of Men out of Ireland into England or Scotland leaving behind him in Ireland a considerable strong Party of Phanaticks all Enemies whatever outward shew they make to the contrary to rise in Arms as soon as they see the King turn his Back to them and they get a supply from their fellow Rebels out of England which will not be wanting at any time and so cut the Throats
at once inriched and civilized it would hardly be believed it were the same Spot of Earth Nay Over-flown and Moorish Grounds were reduced to the bettering of the Soyl and Air. The Purchasers who brought the Kingdom to this flourishing Condition fly to your Majesty for Succour offering not only their Estates and Fortunes but even their Lives to any Legal Trial within this your Majesties Kingdom being ready to submit their Persons and Estates to any established Judicature where if it shall be found that they enjoy any thing without Legal Title or done any thing that may forfeit what they have Purchased they will sit down and most willingly acquiesce in the Judgments But to have their Purchases made void their Lands and Improvements taken from them their Securities and Assurances for Money Lent declar'd Null and Void by a Law made ex post facto is what was never practised in any Kingdom or Countrey If the Bill now design'd to be made a Law had been attempted within two three four or five years after the Court for the execution of these Acts was ended the Purchasers would not have laid out their Estates in acquiring of Lands or in Building or Improving on them Thousands who had sold small Estates and Free-holds in England and brought the Price of them to Purchase or Plant here wou'd have stayed at home And your Majesties Revenue with that of the Nobility and Gentry had never come to the Height it did If your Majesty please to consider upon what Grounds and Assurances the Purchasers of Lands and Tenements in this Kingdom proceed you will soon conclude that never any proceeded upon securer Grounds The Acts of xvij and xviij of King Charles your Father of blessed Memory the First takes notice that there was a Rebellion begun in this Kingdom on the 23d of October 1641 And so doth a Bill once read in the House of Lords whoever looks into the Royal Martyrs Discourse upon that Occasion will see with what an abhorrence he laments it and that he had once thoughts of coming over in Person to suppress it Those Acts promise Satisfaction out of Forfeited Lands to such as would advance Money for reducing these disturbers of the publick Peace unto their Duty The Invitation was his late Majesties your Royal Brothers Letters from Breda some few weeks before his Restauration which hapned the 29th of May 1660 And within six Months after came forth his Majesties most Gracious Declaration for the Settlement of this Kingdom This may it please your Majesty is the Basis and Foundation of the Settlement and was some years after Enacted and made a Law by two several Acts of Parliament It is true that the Usurping Powers in the Year 1653. having by the permission of the Almighty as a just Judgment on us for our Sins prevailed here did dispose and set out the Estates of Catholicks unto Adventurers and Soldiers and in a year or two after transplanted out Catholick Free-holders for no other Reason but their being so in Connought where Lands were set out unto them under divers Qualifications which they and their Heirs or those deriving under them as Purchasers enjoy'd and still do enjoy under the Security of the before mentioned Acts of Parliament and Declaration His Majesties gracious Declaration of the 30th of November 1660. which I call the Foundation of the Settlement was before it was concluded on under the Consideration of that great Prince and the Lords of his Council of England where all Persons concerned for the Proprietors as well old as new were heard whoever reads will find the many Difficulties which he and his Council met with from the different and several Pretenders what Consideration was had and Care taken to reconcile the jarring Interests and to accommodate and settle as well as was possible the Mass and Body of Subjects here It was some years after before the Act for the Execution of his Majesties most Gracious Declaration became a Law It was neer two years upon the Anvil It was not a Law that past in few days or sub silentio It was first according to the then Course of passing Laws here framed by the Chief Governour and Council of this Kingdom by the Advice and with the Assistance of all the Judges and of his Majesties Council Learned in the Law and then transmitted into England to be further consider'd of by his Majesty and Lords of his Council there where the Counsel at Law and Agents of all Pretenders to the Propriety of Lands in this Kingdom were heard and that Act commonly called the Act of Settlement approved of and retransmitted under the Seal of England to receive the Royal Assent which it did after having passed both Houses of Parliament The Innocent Proprietors being restored pursuant to thiâ— Act and some Difficulties appearing as to the further execution of it Another Act passed commonly called the Act of Explanation which went the same Course and under the same Scrutiny It is confessed that though they are two Acts it was by the same Parliament who were chosen according to the ancient Course of Chusing Parliaments But if any miscarriage were in bringing that Parliament together or the procuring the aforesaid Acts of Parliament to pass which we can in no wise admit and the less for that your Majesties Revenue was granted and settled by the same Parliament and many good and wholsom Laws therein Enacted Yet it is manifest that nothing of that kind ought to affect the Plain and honest Purchaser who for great and valuable Considerations acquired Lands under the Security aforesaid and expended the remainder of his Means in Building Improving and Planting on them and that for the following Reasons First The Purchaser advising with his Counsel how to lay out or secure his Money that it may not lie dead not only to his but the publick detriment tells him that he is offer'd a Purchase of Lands in Fee or desired by his Neighbours to accommodate him with Money upon the Security of Judgment or Statute Staple and upon the enquiry into the Title he finds a good and Secure Estate as firm in Law as two Acts of Parliament in force in this Kingdom can make it and in many Cases Letters Patents upon a Commission of Grace for remedying of defective Titles he finds Possession both of many years gone along with this Title several descents past and possibly that the Lands have been purchased and passed through the hands of divers Purchasers He resorts to the Records where he meets with Fines and Common Recoveries the great Assurance known to the Laws of England Under which by the Blessing of God we live and tells him there is no scruple nor difficulty of Purchasing under this Title since he hath Security under two Acts of Parliament Certificates and Letters Patents Fines and Recoveries and that no Law of force in this Kingdom can stir much less shake this Title How is it possible to imagine that the
Successors to give them relief in a Case of so great moment and general concern as this is As for the general Reprizal mentioned to be made them out of the Rebels Estate which must not be conceived to give any colour to this manner of proceeding and ought to be equal to the Estate which the Proprietors shall be outed of that will be very uncertain for it must be known who the Rebels are and what their Lands amount to since it may be probably concluded that there are many of your Subjects now in England no way concerned in the Rebellion and would have ere this attended your Majesty here if they had not been hindred from coming by duress and Imbargo and many other legal and justifiable excuses too long for this present Paper and withal that where any of them are seised of any new Estates so much must be restored to the old Proprietors and what is also subject to their Settlements and other Incumbrances After all this it is in the power of your Majesty to prevent the total ruine of so many of your Subjects as have been Purchasers and Improvers in this Kingdom by prescribing more moderate ways than depriving them of the whole of what they have legally and industriously acquired and that Committees of both Houses may hear and enquire whether any medium may be found out betwixt the Extreams for the accommodating as near as may be the Purchaser and the old Proprietor so that if there because of Complaint it may not arise from a total disappointment of either Party This is a little of what may be said on this occasion but the hast of those who drew on this Bill will allow no further time at present It is proposed that his Majesty will hear Council on this occasion No. 23. The Lord Bishop of Meath's Speech in Parliament June the 4th 1689. Spoken on the Bill of Repeal of the Act of Settlement My Lords YOur Lordships have now under yoâ—â— Consideration a Bill of great Weight and Importance for the future Prosperity or Ruine of the King and Kingdom depends upon it A Bill that unsettles a former Foundation upon which this Kingdom 's Peace and Flourishing was superstructed and Designs to erect another in its stead the Success whereof is dubious and uncertain I shall therefore humbly crave your Leave to represent my Thoughts candidly and impartially upon it And that so much the rather because I am here summoned by the Kings Writ to give his Majesty my best Advice for his own Service and the good of the Nation My Lords In every Law two things are to be consider'd First that it be just and doth no Man wrong Secondly and that it be pro bono publico And I am humbly of Opinion that this Bill is faulty in both these Respects and therefore ought not to pass this House It is unjust to turn men out of their Possessions and Estates without any Fault or Demerit To deprive Widows of their Jointures and Children of their Portions when they have done nothing to forfeit them But the Injustice will rise much higher if we consider it with a respect to Purchasers who have laid out all their Substance upon Estates deriv'd under the Acts that are now design'd to be Repeal'd What have they done to make them Delinquents except it be the laying out their Money on the Publick Faith of the Nation declared in two Acts of Parliament and on the Publick Faith of his Majesties Royal Brother expressed in his Letters Patents Their Case is yet harder If we consider the great Improvements they have made upon their Purchases which by this Bill they are like to lose without any Reprizal for them And if it be reasonable to restore the Old Proprietors to their Estates 't is enough for them to enjoy them in the same plight and condition that they left them But I see no Reason why they should have them in a better Condition or enjoy the Benefit of other mens Labours and Expences to the utter ruine of them and their Families Here Mercy should take place as well as Justice for the Purchasers are the Objects of them both Two things I am sensible may be reply'd to this and I am willing to consider them both First That if it be unjust to turn them out It is as unjust not to restore the Old Proprietor who hath been so long kept out of his Estate Secondly That there is no injury done to the present Possessor because he is to be repriz'd for his Losses As to the first of these I shall not at present meddle with the Reasons why they lost their Estates nor touch upon the Grounds and Occasions of their forfeiting their Interests in them being sensible that neither the time nor the place will admit a Discourse of this nature I shall therefore take it for granted that they were unjustly put out that it is just and reasonable that they should be restored but then it must be granted that it is unjust to turn out the present Purchaser and Possessor What then is to be done in this Case where the Justice or the Injury is alike on both sides If we restore the Old Proprietor we injure the present Possessor if we do do not we injure the Old Proprietor My Lords It is my humble Opinion which I submit to your Lordships better Judgments that we are to consider in this Case who hath most Justice on his side and incline the Ballance that way If it lies on the Old Proprietors side let him have it If not let the present Possessor enjoy it Now it appears to me that the Purchaser hath more Justice on his side than the Old Proprietor For he has both Law and Equity on his side he hath the Law on his side by two Acts of Parliament and the Kings Letters Patents and he hath the Equity by his Purchase Money whereas the Proprietor hath the Law against him and nothing but Equity to pretend to And I hope your Lordships will never think it reasonable to relieve a bare Equitable Right against a Purchaser that hath both Law and Equity If you do I am confident it is the first President of this kind As for the Reprizals I hear the Name of them in the Bill but I find nothing agreeable to the nature of them There are certain Conditions agreed on all hands to make up the Nature of a Reprizal None of which are like to be observed or kept here I shall name some of them and leave it to your Lordships Consideration how far they are like to be performed with the present Purchasers It is necessary to a Reprizal that it be as good at least if not in some respects better than the thing I am to part with That I my self be Judge whether it be better or worse That I keep what I have till I am reprized If my Neighbour comes to me and tells me that he hath a mind to my Horse
their being turned out It was therefore a wonder that the Protestants had any Arms at all especially when it is to be remembred that during King James's Reign they durst not be seen to buy or import them being under the jealousy and suspicion of the Government However some they had enough to make the Papists afraid and to Beat them too if they had had a little Assistance and Encouragement of Authority to attempt it The Lord Deputy was therefore resolved to have their Arms and in order to get them he drew Nine or Ten Regiments to Dublin and a proportional Party to every place where the number of Protestants was considerable and without the least Notice or Declaration premised on the 24th of February 1688 he took away their Arms and Horses throughout the whole Kingdom except in the North where he durst not yet attempt it The method of doing it in Dublin was this he filled all the Streets and Lanes with Foot and Horse and then for so much of the City as lies within the Walls he sent the City Officers to signify to every House that if they did not send in every Sword and Bayonet as well as Fire-Arms in their possession into the Churches which were generally seized for this use and filled with Soldiers they should be left to the Mercy and Discretion of the Soldiers both as to their Lives and Goods This was perfect Dragooning to the Protestants nor is it easie to express what a Consternation it caused amongst them the preparation at first looked like a design to put in execution what they long feared a general Massacre and which had never been out of their Minds since the Lord Mount Alexander's Letter was dispersed While they had their Arms in their Hands it gave them some Heart resolving to sell their Lives dear but when they saw these now taken from them this support failed and they had no prospect of Defence but generally imagined that their Arms were taken away in order to the more easie execution of the designed Massacre They knew themselves to be the only Persons qualified by Law to keep or carry Arms they knew the malicious designs of the Irish against them they considered how necessary their Arms were at this time not only to preserve their Goods which were every day robb'd and their Houses that were every night broken open but likewise to secure their Persons that were daily assaulted and yet to avoid this terrible Dragooning they were forced to part with them and immediately delivered in near 3000 Fire-Arms besides Swords Bayonets and Pikes in Dublin only At the same time some Hundreds of Horses were likewise taken without any other reason than that they belong'd to Protestants Without the Walls it was much worse than in the City the Inhabitants there were not so much as required to bring in their Arms but generally the Soldiers came and searched for them on pretence of which Five or Six Parties after one another without method or order rifled the Houses In many Places they pull'd up the Boards of the Floors brake down the Wainscots Stealing and Plundering whatever they could lay their Hands on and sometimes torturing the poor People to make them confess their Arms. 16. The next day after this disorderly Dragooning came out a Proclamation dated February 25 1688 signifying that this disarming and taking away Horses was done by order of the Government throughout all Ireland there being only a Verbal Order for it before of which the Protestants knew nothing and which the Proclamation contradicted for wearing Swords were excepted in it whereas the Verbal Order is said to have mentioned them and they were delivered with great exactness before the Proclamation came out for no body could hope to conceal them it being known that every Gentleman had a wearing Sword yet none were redelivered to them though demanded and a second Proclamation published by King James himself dated July 20 1689 did expressly forbid all Protestants to wear or keep any Swords under the penalty of being counted Rebels and Triators and used as such and lest some should wear them and not be discovered they beset all the Church Doors on Sunday Morning February the 23d 1689 whilst the Protestants were at their Devotion to their great terror being ignorant of the Design and the Soldiers searched every one whether he had a Sword or no. 17. But to return to the general disarming though the Protestants lost in it thei◠Horses and Arms the Kings Stores gained little by them 〈◊〉 the Soldiers who received the Arms imbezel'd all that were better than ordinary amongst them conveying them away privately and converting them to their own use The Arms of the Citizens were generally fine and the Gentlemens Swords were Silver and the Soldiers that got them were wiser than to return such to the Stores The Lord Deputy seemed angry that so few Arms were returned imputed it to the Citizens as an effect of their Obstinacy and an Order was ready drawn for him to sign wherein it was declared that all Protestants with whom any Arms were found should be given up to the Mercy of the Soldiers so that there needed only some ill Fellows to come into a House and drop a Bayonet or Sword in a Corner and pretend to find it there for the Soldiers to have rifled whom they pleased besides which all Protestants were to be require◠upon Oath to discover their Arms. This Order had been signed and put into Execution if the Bishop of Meath had not come in seasonably to the Lord Deputy and by discoursing him calmly prevailed to have it laid aside The Reasons and Proposals that he made use of to divert this inconveniency from the City may be seen in the Appendix by them he got leave to enquire into the number of Arms taken away and found upon examination that more had been taken from one Parish than had been returned into the Store from the whole City The talk of putting the Citizens to their Oaths on this occasion did mightily alarm them they knew not where it would end if once the Government got into the Method of imposing Oaths on them and therefore the Bishop took care to caution them against it and they unanimously determined to take no Oaths at all whatever hardships they suffered and it is certain they might have eased themselves of many if they would have engaged themselves by Oaths but the remedy was counted worse than the Disease and in many Places of the Kingdom they chose to lye in Jail rather than take some new invented Oath that was put to them without any Law to enjoyn it 18. The management of taking up Horses was yet more disorderly whoever pleased took 〈◊〉 and was not so much as obliged to tell his Name the Proclamation mentioned only serviceable Horses but the Verbal Order that went before and on which they were taken made no distinction so all were taken that could be found At the
not failing in any Punctilio of his Country Dragooning and he is supposed to have sent off for Frame to the value of 30000 l. in Mony Leather and other Commodities the Spoils of the Protestants in that Rich Town 7. The Parliament granted the King a Tax of 20000 l. per Month for thirteen Months which the Kingdom could hardly have paid if it had been in its most Flourishing Condition but they knew it would fall most heavy on the Protestants who must be forced to pay it out of their ready Mony having lost their Stocks generally by Plundering and deprived of their Rents and Incomes 2. Because the Protestants in and about Dublin had saved some Hides Tallow Wooll c. King James by pretence of his Prerogative Royal laid a Tax of 20000 l. per. Month for three Months on Chattels because the 20000 l. per Month granted by the Parliament was only on Lands This way of levying Mony did startle every Body the pretended Parliament was then in being and was adjourned till January 12. 1689. which happened to be about the very time when the King and his Council were upon this Project Some in the Council oppos'd it and pleaded the no necessity of using extraordinary ways of levying Mony when the King might have it in the ordinary way and further that it would give advantage to his Enemies and be an Argument of his affecting an Arbitrary Power but he was very angry with those that oppos'd it and told them That they had made him believe it was a Branch of his Prerogative to Levy Mony and If he could not do it he could do nothing Chancellor Fitton appear'd Zealously for it and 't was carried that the Mony should be raised but it being a new thing they were at a loss how to go about it at last they issued out a Proclamation dated February 4. 1689. wherein 't is ordered and declared That a Contribution of 20000 l. per Month for the space of three Months ending the last day of January last past shall be forthwith applotted laid in and levied upon the Personal Estates of all Sorts And the Applotment is order'd to be made by Commissioners to be nam'd by the King Who were to proceed according to Instructions forthwith to be published by him Albaville the Secretary of State thought it sufficient to send Letters signed only by himself in which he named and instructed the Commissioners but the Persons so named for Dublin judged this Authority insufficient and demur'd on the Execution till they had their Nomination and Instructions according to the Proclamation from the King himself under the Great Seal The King was heartily angry at them for this Demur and was hardly prevailed on to Issue a Commission under the Seal in the usual Forms as judging his Secretaries Letter a sufficient Warrant But at last the Commission was issued in which the Commissioners were named and impower'd to nominate Sub-Commissioners for every Barony in their respective Counties to make the Applotment of which Sub-Commissioners the High-Constable was to be one The Commissioners of Dublin and other Cities were not yet satisfied for their Counties had neither Baronies nor High-Constables and therefore the Commission could not be duly executed in them they therefore applied a new to the Lords of the Treasury for a more ample Commission which put the Lords and Attorney-General in as great a Passion as the King was in before and all the answer return'd to the Commissioners was That they should go about their Business without such frivolous Scruples or they should take a course with them The Commissioners being thus appointed were most of them Papists and the few Protestants that were named declin'd acting as much as they durst by which means the Papists had the applotting intirely in their own Hands and never fail'd to lay the greatest Burden on their Protestant Neighbours who in effect paid all Taxes that King James ever receiv'd in Ireland 3. The Papists raised a Militia and inasmuch as Protestants were not qualified to serve in it by the Proclamation which did not allow them to bear Arms they were assess'd at a certain Rate for the Maintenance of the Militia and sent to Prison if they refused to pay it The Tax was as great as either of the former amounting in the small Parish of St. Wâ—rburghs Dublin in which not above one half of the Protestant-dwellers were left to 900 l. per Annum 4. They pretended to make some small Ditches at the several Avenues of the Town and for these likewise the Protestants must pay and they tax'd them at what Rate they pleased Distraining or committing them to Goal if they refused to pay what was exacted or wanted Mony Before they form'd this Militia business into a Tax the Officers of the Militia went about Weekly for several Weeks and demanded and took what they pleased from every House with great Rigor committing those who disputed their Demands which was for the time it lasted a Heavy Burthen and a Prodigious Tax 5. Towards the middle of Winter 1689. their Forces were dispersed into their Winter-Quarters very few being left in Dublin it was most convenient to have such as remain'd in it quarter'd together at least it was judged unsafe to have them dispersed in Protestant Houses therefore they seiz'd on wast Houses and filled them with the Soldiers the rest they quarter'd in the Colledge Nevertheless that the Protestants might not escape Free they obliged them to send in Beds to the Soldiers but instead of Beds they took a Composition in Mony the Rate was from 24 s. to 5 l. for every House This fell intirely on the Protestants the Papists being conniv'd at and the Conditions were not generally made good to them after they paid for within two or three Months some had Soldiers quartered on them again tho while it lasted it must be confess'd it was a great Convenience and Ease to be rid of such Guests at any rate 6. All these Contrivances to get Mony from Protestants did indeed Impoverish them but by their Industry and Charity to one another they made a shift to subsist and to keep something in reserve but the Contrivance of making Brass Mony pass instead of Silver and at an equal Value with it was an utter and unavoidable Ruin to them It is true the Coining of Mony is a Prerogative of the Crown and the reason of its being so is to prevent its being adulterated the King's Honor and Interest being the Engagement and Security for the Coin that bears his Impression But sure the meaning was not that he should give a Value to what has no Value in it self otherwise the Cautiousness of our Forefathers was ridiculous who would not allow the King by his Prerogative to raise Mony either by Loan or Subsidy from the Subject since if it be allowed that he may set what value he pleases upon Brass he may have what he thinks fit from the Kingdom without
and 't is like more are vacant since It is true the Church has power to nominate Bishops without the consent of the Civil Magistrate but then they must not expect the Temporalities which are the Gifts or Grants of Kings and such Bishops and Clergy must intirely depend on the voluntary Contributions of their People for their maintenance and on their voluntary submission for their Juisdiction And here the Protestant Clergy had the greatest reason in the world to complain of King James to set him on the Throne the Clergy disobliged many of their People and he in requital deprived them of all other Worldly Support or Power besides what must depend on the free choice of those very People whom for his sake they had not only disobliged but likewise help'd to bring under many Inconveniencies SECT XVI 2. King James took away the maintenance of the present Protestant Clergy 1. BUT King James did not only endeavour to hinder the Education and Succession of the Protestant Clergy but he likewise took away all their present maintenance Immediately upon his coming to the Crown their Popish Parishioners began to deny the payment of Book-moneies which is a considerable part of the Ecclesiastical Revenue of Ireland a great part of the Tithes of Ireland are impropriate in some Places the whole Tythes in many Two third Parts and in most the one half and there is little left for the Vicar that serves the Cure except it be the Third part of the Tythes or the small Fees due out of Burials Marriages or Easter Offerings these Dues are call'd commonly Book-moneys and though very inconsiderable in themselves yet make a great part and in some Places the whole of what falls to the Vicar's portion against these the Popish Judges declar'd in their Circuits and by their encouragement most People and the Papists universally deny'd to pay them 2. The Priests began to declare that the Tythes belong'd to them and forbad their People to pay them to the Protestant Clergy with this the People complied willingly and for Two years before the late Revolution in England hardly any Tythes were recovered by the Clergy or if any were recovered it was with so much difficulty and cost that they turn'd to very little account 3. They past an Act in their pretended Parliament whereby they took away all Tythes that were payable by Papists and gave them to their own Popish Priests and allow'd them to bring an Action for them at the Common Law to make the recovery of them more easie and yet denyed this to the Protestant Clergy alleadging that they allow'd them still their old means of recovering their Tythes and therefore did them no injury But this was as good as nothing for they had so weaken'd the Ecclesiastical Power and Jurisdiction that it was incapable of compelling the People to obedience and it being necessary to sue out a Writ de excommunicato capiendo in order to force such as were refractory the Popish Chancellor either directly refused to grant the Writ or else laid so many impediments and delays in the way that it cost double the Value of the Tythes sued for to take it out 4. Though they rendered the Protestant Clergy uncapable of enjoying the Tythes of Roman Catholicks yet the Popish Clergy were made capable of enjoying the Protestant Tythes The Case then was thus if a Protestant had a Bishoprick Dignity or other Living by the new Act he must not demand any Tythes or Ecclesiastical Dues from any Roman Catholick and as soon as his Preferment became void by his death cession or absence a Popish Bishop c. was put into the Place and by their Act there needed no more to oblige all Men To repute take and deem a Man to be a Roman Catholick Bishop or Dean of any Place than the King 's signifying him to be so under his Privy Signet and Sign Manual a Power that the Protestants how much soever they magnified the King's Authority never trusted any King with nor other Mortal man whatsoever But as soon as any one became thus Entitled to a Bishoprick c. immediately all the Tythes as well of Protestants as of Papists became due to him with all the Glebes and Ecclesiastical Dues and for the recovery of them he had an Action at Common Law 5. Notwithstanding the Glebes and Protestants Tythes were not given to the Popish Clergy during the incumbency of the present Protestant Incumbents yet the Popish Priests by violence entred on the Glebes where there were any pretending that the King had nothing to do with them and that neither he or his Parliament could hinder the Church of her Rights and this Pretence was so far countenanced that no endeavours whatsoever could get any of these Priests out when once he had gotten possession The Truth is hardly one Parish in ten in the Provinces of Leinster Munster or Connaught have any Glebe left them for either they were never endowed or if they had been at any time endowed with Glebes the many Confusions and new Dispositions of Lands have made them to be forgotten or swallowed up in the Hands of some powerful Parishoners The pretence therefore of the Parliament that they had been kind to the Protestant Clergy in leaving them the Glebes was a meer piece of Hypocrisie since they knew that generally Parishes had no Glebes and that where they had Glebes the Priests would make a shift to get into possession of them without being given to them by the Parliament 6. The same may be said of their leaving some of the Tythes belonging to Protestants for the present to their own Clergy They had so robb'd and plundered the Protestants of the Country that few liv'd or had any thing Tithable in it being forced for their own safety to flee to the Towns and leave their Farms wast if any had Tythes they might pay them if they pleas'd or let it alone for they had left the Protestant Clergy as I shew'd before no way of recovering their Dues Many times the Priests came with a Company of the next quarter'd Dragoons and took the Tythes away by force and this past for a Possession of the Livings and the Protestant Ministers must bring their Leases of Ejectment if they would recover their Possessions or pretend any more to Tythes in those Livings There is a Custom in Ireland whereby some Farmers do agree with their Neighbours to plow their Lands for them on Condition that they afford them a certain quantity of Corn suppose an Half one Third or one Fourth after it is reaped Now Protestants that had Farms in the Country being in no capacity to plow them after their Horses were taken away and their Houses robb'd agreed with their Popish Neighbours to plow their Lands for them according to the Custom of the Country this was enough to Entitle Priests to the Tythes of Lands so plowed and accordingly they seiz'd upon them by force though both the Land