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.
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
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
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
one thousand six hundred eighty nine be produced to your chief Governor or Governors of this Kingdom and enrolled in your Majesties High Court of Chancery the same shall be a sufficient Discharge and Acquittal to such of the Persons last before-named and every of them respectively whose Loyalty and Fidelity your Majesty will be pleased to certify in manner as afore-said And be it further enacted That in the mean time and until such Return and Acquittal all the Lands Tenements and Hereditaments within this Kingdom belonging to all and every Absentee and Absentees or other Person to be attainted as aforesaid shall be and are hereby vested in your Majesties your Heirs and Successors as from the first Day of August last past And be it further enacted by the Authority aforesaid that all and every such Person and Persons as by any the foregoing Clauses is are or shall be respectively attainted shall as from the first Day of August one thousand six hundred eighty eight forfeit unto your Majesty your Heirs and Successors all such Mannors Lands Tenements and Hereditaments and all Right Title-Service Chiefery Use Trust Condition Fee Rent-Charge Right of Redemption of Mortgages Right of Entries Right of Action or any other Interest of what nature or kind soever either in Law or Equity of in or unto any Lands Tenements or Hereditaments within this Kingdom belonging or appertaining to such Person or Persons so as aforesaid attainted or to be attainted in his or their own Right or to any other in Trust for him or them on the said first Day of August one thousand six hundred eighty eight or at any time since and all the said Lands Tenements and Hereditaments so as aforesaid forfeited unto and vested in your Majesty your Heirs and Successors hereby are and shall be vested in your Majesty your Heirs and Successors whether such Person or Persons were seized thereof in Fee absolute or conditional or in Tayl or for Life or Lives and that freed and freely discharged off and from all Estates Tayl and for Life and from all Reversions and Remainders for Life for Years or in Fee absolute or conditional or in Tayl or to any Person or Persons whatsoever such Remainder as by one Act or Statute of this present Parliament intituled An Act for repealing the Acts of Settlement an Explanation Resolution of Doubts and all Grants Patents and Certificates pursuant to them or any of them or by this present Act are saved and preserved always excepted and fore-prized Provided always that the Nocency or Forfeiture of any Tenant in Dower Tenant by the Courtesy Jointress for Life or other Tenant for Life or Lives in actual Possession shall not extend to bar forfeit make void or discharge any Reversion or Reversions vested in any Person or Persons not ingaged in the Usurpation or Rebellion aforesaid such Reversion and Reversions being immediately depending or expectant upon the particular Estate of such Tenant in Dower Tenant by the Courtesy Joyntress for Life or other Tenant for Life or Lives any thing in the said Act of Repeal or in this present Act to the contrary notwithstanding Provided always and be it further enacted by the Authority aforesaid that nothing in this present Act contained shall any way extend or be construed to extend to forfeit or vest in your Majesties your Heirs or Successors any Remainder or Remainders for valuable Considerations limited or settled by any Settlement or Conveyance made for such valuable Considerations either of Marriage or Marriage-Portion or other valuable Consideration whatsoever upon any Estate for Life or Lives to any Person or Persons not concerned in the Usurpation or Rebellion aforesaid such Remainder or Remainders as are limited or settled by any Conveyance wherein there is any Power for revoking and altering all or any the Use or Uses therein limited and also such Remainder and Remainders as are limited upon any Settlement or Conveyance of any Lands Tenements and Hereditaments commonly called Plantation-Lands and all Lands Tenements and Hereditaments held or enjoyed under such Grants from the Crown or Grants upon the Commission or Commissions of Grace for Remedy of defective Titles either in the Reign of King James the first or King Charles the first in which several Grants respectively there are Provisoes or Covenants for raising or keeping any number of Men or Arms for the King's Majesty against Rebels and Enemies or for raising of Men for his Majesties Service for Expedition of War always excepted and foreprized All which Remainders limited by such Conveyances wherein there is a Power of Revocation for so much of the Lands Uses and Estates therein limited as the said Power doth or shall extend unto and all such Remainders as are derived or limited for or under such Interest made of Plantation-Lands or other Lands held as aforesaid under such Grants from the Crown and all and every other Remainder and Remainders Reversion and Reversions not herein mentioned to be saved and preserved shall by the Authority of this present Parliament be deemed construed and adjudged void debarred and discharged to all Intents and Purposes whatsoever against your Majesty your Heirs and Successors and your and their Grantees or Assignees and the said Lands Tenements and Hereditamens belonging to such Rebels as aforesaid shall be vested in your Majesty your Heirs and Successors freed and discharged of the said Remainder and Remainders and every of them And to the end the Reversions and Remainders saved and preserved by this Act may appear with all convenient Speed Be it further enacted by the Authority aforesaid That the respective Persons intituled to such Remainders and Reversions do within sixty Days next after the first sitting of the Commissioners for executing the said Act of Repeal and this present Act exhibit their Claims before the said Commissioners and make out their Titles to such Remainder or Remainders so as to procure their Adjudication and Certificate for the same or the Adjudication and Certificate of some three or more of them And further That all Remainders for which such Adjucations and Certificates shall not be procured at or before One hundred and twenty Days after the first sitting of the said Commissioners shall be void and for ever barred and excluded any thing in this Act or other Matter to the contrary in any wise notwithstanding All which Lands Tenements and Hereditaments mentioned as aforesaid to be forfeited unto and vested in your Majesty by any the Clauses aforesaid are hereby declared to be so forfeited unto and vested in your Majesty without any Office or Inquisition thereof found or to be found and the same to be to the Uses Intents and Purposes in the said Act of Repeal and in this present Act mentioned and expressed And whereas several Persons hereafter named viz. Lyonel Earl of Orrery Mrs. ..... Trapps Ann Vicecountess Dowager of Dungannon Robert Boyl Esq Catherine Woodcock Alice Countess Dowager of Drogheda Alice Countess Dowager of Mountroth Isabella Countess
same any thing in this or the said Act of Repeal to the contrary notwithstanding And it is further enacted by the Authority aforesaid That all Letters Patents hereafter to be granted of any Offices or Lands whatsoever shall contain in the same Letters Patents a Clause requiring and compelling the said Patentees to cause the said Letters Patents to be enrolled in the Chancery of Ireland within a time therein to be limited and all Letters Patents wherein such Clause shall be omitted are hereby declared to be utterly void and of none effect Provided always that if your sacred Majesty at any time before the first Day of November next by Letters Patents under the Broad Seal of England if reâ—â—ding there or by Letters Patents under the Great Seal of Ireland during your Majesties abode here shall grant your gracious Pardon or Pardons to any one or more of the Persons herein before mentioned or intended to be attainted who shall return to their Duty and Loyalty that then and in such case such Person and Persons so pardoned shall be and is hereby excepted out of this present Act as if they had never been therein named or thereby intended to be attainted and shall be and are hereby acquitted and discharged from all Attainders Penalties and Forfeitures created or inflicted by this Act or the said Act of Repeal excepting such Share or Proportion of their real or personal Estate as your Majesty shall think fit to except or reserve from them any thing in this present Act or in the said Act of Repeal contained to the contrary notwithstanding Provided always that every such Pardon and Pardons be pursuant to a Warrant under your Majesties Privy Signet and Sign manual and that no one Letters Patents of Pardon shall contain above one Person and that all and every such Letters Patents of Pardon and Pardons shall be enrolled in the Rolls Office of your Majesties High Court of Chancery in this Kingdom at or before the last Day of the said Month of November or in Default thereof to be absolutely void and of none Effect any thing herein contained to the contrary notwithstanding Provided likewise that if any Person or Persons so pardoned shall at any time after the Date of the said Pardon join with or aid or assist any of your Majesties Enemies or with any Rebels in any of your Majesties Dominions and be thereof convict or attainted by any due Course of Law that then and in such Case they shall forfeit all the Benefit and Advantage of such Pardon and shall be again subject and liable to all the Penalties and Forfeitures inflicted on them and every of them by this or the said Act of Repeal as if such Pardon or Pardons had never been granted Provided always that nothing in this Act contained shall extend or be construed to extend to or vest in your Majesty any Lands Tenements or Hereditaments or other Interest of any ancient Proprietor who by the said Act of Repeal is to be restored to his ancient Estate but that all such Person and Persons and all their Right Title and Interest are and shall be saved and preserved according to the true Intent and Meaning of the said Act any thing in these Presents to the contrary notwithstanding Copia vera Richard Darling Cleric in Offic. M ri Rot. The Perswasions and Suggestions the Irish Catholicks make to his Majesty Supposed to be drawn up by Talbot titular Arch-bishop of Dublin and found in Col. Talbot's House July 1. 1671. 1. THAT the Rebellion in Anno 1641. was the Act of a few and out of fear of what was doing in England That they were provoked and driven to it by the English to get their Forfeitures That they were often willing to submit to the King and did it effectually Anno 1648 and held up his Interest against the Usurper who had murdered his Father till 1653. After which time they served his Majesty in Foreign Parts till his Restauration 2. That they acquiesce in his Majesty's Declaration of Novemb. 30. 1660. And are willing that the Adventurers and Souldiers should have what is therein promised them but what they and others have more may be resumed and disposed of as by the Declaration 3. They desire for what Lands intended to be restored them shall be continued to the Adventurers and Souldiers that they may have a Compensation in Money out of his Majesty's new Revenues of Quit-Rents payable by the Adventurers and Souldiers The Hearth Money and Excise being such Branches as were not in 1641 and hope that the one will ballance the other 4. They say That his Majesty has now no more need of an Army than before 1641 That the remainder of his Revenue will maintain now as well as then what Forces are necessary 5. They desire to be restored to Habitations and Freedom within Corporations 1. That the General Trade may advance 2. That Garisons and Cittadels may become useless 3. That they may serve his Majesty in Parliament for bettering his Revenue and crushing and securing the Seditious in all Places 6. They desire to be Sheriffs and Justices of the Peace c. for the Ends and Purposes aforesaid and to have the Power of the Civil and Ordinary Militia 7. They also desire to be form'd into a Militia and to be admitted to be of the standing Army 8. That their Religion is consonant to Monarchy and implicit Obedience That they themselves have actually serv'd his Majesty in Difficulties That they have no other way to advantage themselves than by a strict adherence to the King That they have no other Refuge whereas many of his Majesty's Subjects do lean hard another way 9. That the Roman Catholicks are six to one of all others that of the said one to six some are Atheists and Neuters who will profess the Roman Catholick Religion others devoutly given will affect the same course that the rest may have their Liberty of Conscience and may be corrected in case they abuse it 10. That the Roman Catholicks having the full Power of the Nation they can at all times spare his Majesty an Army of Sixty thousand Men there being Twelve hundred thousand Souls in Ireland and so consequently an Hundred and fifty thousand between sixteen and sixty Years old Which Forces if allowed to Trade shall have Shipping to transport themselves when his Majesty pleaseth 11. That they have a good Correspondence abroad for that great numbers of their Nation are Souldiers Priests and Merchants in esteem with several great Princes and their Ministers 12. That the Toleration of the Roman Catholicks in England being granted and the Insolence of the Hollanders taken down a Confederacy with France which can influence England as Scotland can also will together by God's Blessing make his Majesty's Monarchy Absolute and Real 13. That if any of the Irish cannot have their Lands in specie but Money in lieu as aforesaid some of them may transport themselves into America possibly
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.
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
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
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
the common Offices of Humanity This Chancellor Fitton declared on the Bench This the King's Favourites and Attendants suggested publickly to him at his times of Eating at his Couchee and Levee and upon all occasions However it was it is evident by the effect that King James in great measure completed the Ruin of the Protestants and English Interest in this Kingdom which will plainly appear 1. In his dealing with the Army 2. With the Courts of Judicature 3. With the Privy Council and Offices 4. With Corporations 5. With Trade and the trading People of the Nation 6. With our Liberties 7. With our Fortunes 8. With the Lives of his Protestant Subjects And 9. With their Religion SECT II. I. King James's Dealing with the Army of Ireland in order to destroy the Protestants and English Interest 1. THE Army of Ireland which King James found at his coming to the Crown consisted of about seven thousand as Loyal Men and as Cordial to the King's Service as any could be both Officers and Soldiers had been inured to it for many years They looked on him as their Master and Father intirely depending on him and expecting nothing from any Body else When Monmouth's and Argile's Rebellion called for their assistance to suppress them no People in the World could shew more Chearfulness or Forwardness than they did and it is observable that no one Man in Ireland was ever found to be conscious or consenting to those Rebellions the Protestants of all sorts shewed great Horror and Detestation of them and were discernably melancholy till the Rebels were suppressed Most of the Officers of this Army had been so zealous to serve the King that they had by his permission and encouragement bought their Employments many of them had laid out their whole Fortunes and contracted Debts to purchase a Command yet no sooner was King James settled in his Throne but he began to turn out some of the Officers that had been most zealous for his Service and had deserved best of him merely because they had been counted firm to the Protestant Religion and English Interest The first who were made Examples to the rest were the Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote and Sir Oliver S. George The three first were Earls Sons who either in their own persons or by their Fathers and Relations had been signally active in restoring King Charles the Second and the Royal Family to their just Rights 1660 so had Sir Oliver S. George and they were all of them without any other Exception but their Zeal for their Religion and the English Interest in Ireland But the common Saying was that King James would regard no Man for any Service done to him his Father or Brother but only for future Service that he expected from them and since he could fot expect that these Gentlemen should assist him to destroy the Protestant Religion or the Liberties of his Subjects which was the Service he then expected he took their Troops from them and gave them to persons of mean or broken Fortunes who must do any thing to keep them some of them unqualified by Law It is fit their Names should be known that the Reader may the better observe what kind of Change the King began with when he substituted Captain Kerney if I remember right one of the Ruffians Captain Anderson a person of no Fortune Captain Sheldon a professed Papist and Captain Graham in the places of the Lord Shannon Captain Fitz-Gerald Captain Coote and Sir Oliver S. George 2. But to convince the World that no Consideration was to be had of Loyalty or Merit except a Man were a Papist The Duke of Ormond was sent for abruptly and devested of the Government with such Circumstances that did no ways correspond with the Service he had rendered the Crown in general and King James in particular Immediately the modelling of the Army was put into the Hands of Collonel Richard Talbott a person more hated than any other Man by the Protestants and who had been named by Oates in his Narrative for this very Employment When therefore the Protestants saw him put into it many who believed nothing of a Plot before gave credit now to his Narrative and the common Saying was that if Oates was an ill Evidence he was certainly a good Prophet Collonel Talbott afterwards Earl of Tyrconnell knew the Necessity of having the Army fitted to his purpose it being the Engine he depended on for destroying the Religion Liberty and Laws of the Kingdom and therefore set about it with all expedition and prosecuted it in such a manner as might be expected from a Man of his insolent temper He exercised at the same time so much Falshood and Barbarity that if the Army had not been the best principled with Loyalty and Obedience of any in the World they would have 〈◊〉 or at least dispatched him In the Morning he would take an Officer into his Closet and with all the Oaths Curses and Damnations that were never wanting to him he would profess Friendship and Kindness to him and promise him the continuance of his Commission and yet in the Afternoon cashier him with all the contempt he could heap on him nay perhaps while he was thus caressing him he had actually given away his Commission The Officers of Ireland then cashiered and their Acquaintance can vouch the truth of this in many instances As for the Soldiers and Troopers his way with them was to march them from their usual Quarters to some distant place where he thought they were least known where they would be put to greatest Hardships and there he stripped them the Foot of their Cloaths for which they had payed and the Troopers of their Horses Boots and Furniture bought with their own Money and set them to walk barefooted one hundred or one hundred and fifty Miles to their Homes or Friends if they had any Sometimes he would promise them something for their Horses but then he told them that they must come to Dublin for it if any came to demand the small pittance promised them for their Horses or Arrears of Pay he contrived it so that they should be obliged to wait till they had spent twice as much as they expected and most of them after all got nothing By this means two or three hundred Protestant Gentlemen who had laid out all or a good part of their Fortunes and contracted Debts on Commissions were not left worth any thing but were turned out without reason or any consideration and sive or six thousand Soldiers sent a begging a hardship perhaps never put on any Army before without any provocation against whom there was no other Exception but that they were English Men and Protestants and King James by substituting Irish Men and Papists in their places contrary to the Laws and to the very Design of keeping a standing Army in Ireland clearly demonstrated that he had no regard to the Laws or to the
did 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
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
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
and intended more if their Power had continued 11. The Deputy-Mayor of Dublin Edmund Reily issued out an Order dated Sept. 27. 1689. for regulating the Rates of Provisions Country Goods and Manufactories to be sold in the City of Dublin in which he took care to set a very low Rate on such Goods as were then most in the hands of Protestants the Rate at which he ordered them to be sold was not one half of what they generally yielded When therefore any Papist had a mind to put off his Brass Mony he went to some Protestant Neighbor whom he knew to have a quantity of these Goods offered him the Mayor's Rate in Brass and carried away the Goods by Force This was practised even by the Lady Tyrconnel and several of their Grandees But the case was otherwise with Papists they sold at what Rate they pleased not minding the Proclamation of which Alderman Reily who issued it was an Instance He had a quantity of Salt in his hands and sold it at excessive Rates above what he compelled Protestants to part with theirs Complaint was made against him and he was indicted at the Tholsel which is the City Court that very Term in which the Proclamation came out upon the Traverse the Petty-Jury found him guilty and the Court Fin'd him in an 100 l. but all this was only a Blind for the Sheriffs set him at Liberty on his Parole after he was committed to them He brought his Writ of Error returnable into the King's-Bench but the Record was never remov'd nor the Fine levied And the Consequence was that neither he nor any Papist took notice of the Order and yet kept it in its full Force against Protestants 12. They saw therefore that it was resolved to leave them nothing that was easily to be found for Sir Thomas Hacket had made a Proposal to Seize Feather-Beds and other Furniture of Houses alledging that they would be good Commodities in France upon which the Protestants thought it the best way to exchange what Brass Mony they had into Silver and Gold and gave 2 l. 10 s. 3 l. 4 l. and at last 5 l. for a Guiney but even so 't was thought too beneficial for them and to stop it they procured a Proclamation dated June 15. 1690. whereby it is made Death to give above 1 l. 18 s. for a Guiney or for a Louis d'Or above 1 l. 10 s. c. The Papists needed not fear a Proclamation or the Penalty of it they had Interest enough to avoid it and therefore still bought up Gold at what rate they pleased but if any Protestant had been found Transgressing he must have expected the utmost Severity 13. And thus the case stood when His Majesty's Victory at the Boyn delivered us and let any one judge whether we had reason to be pleased with the Success and gratefully receive him that came to restore to us not only our Goods and Fortunes but the very Necessaries of Life and what Obligations we could have of Fidelity or Allegiance to King James who treated us plainly as Prisoners of War and as Enemies not Subjects and by designing and endeavoring our Ruin declared in effect he would govern us no longer but more expresly at his going away freely allowed us to shift for our selves and advised those about him both at the Boyn when he quitted the Field and the next Morning in Council at the Castle of Dublin to make the best Terms they could and quietly submit to the Conqueror who he said was a Merciful Prince SECT XII King James destroyed the Real as well as the Personal Estates of his Protestant Subjects in Ireland 1. THere remains yet to be spoken of a third part of the Property belonging to Protestants I mean their Real Estates and care was effectually taken to divest them of these as well as of their Personal Fortunes Their Estates of Inheritance were either acquir'd before the Year 1641. and were call'd Old Interest or else since that time and pass'd by the name of New Interest The greater part of Estates belonging to Protestants were of this last sort and they stood on this ground The Papists of Ireland as I have noted before had raised a most Horrid Rebellion against the King and Barbarously Murthered some Hundred Thousands of Protestants in Cold Blood in 1641. for which most of their Gentry were indicted and outlawed by due course of Law and consequently their Estates forfeited The English after a War of twelve Years reduced them with vast Expence of Blood and Treasure and according to an Act of Parliament past 17 Car. I. at Westminster the forfeited Estates were to be disposed of When King Charles II. was restored he restored many of the Papists and after two years Deliberation and the full hearing of all Parties before himself and Council in England he pass'd an Act in a Parliament held at Dublin commonly call'd The Act of Settlement whereby a general Settlement was made of the Kingdom and Commissioners appointed to hear and determine every Man's Claim After this upon some Doubts that arose another Act pass'd 17 Car. II. commonly call'd The Act of Explanation which made a further and final Settlement Every Protestant made his Claim before the Commissioners of Claims and was forced to prosecute it at vast Expences After this he got a Certificate from those Commissioners of what appear'd to belong to him for Arrears or Debentures and having retrenched a third of what was actually set out to him and in his Possession and paid one Years full improv'd value of what remain'd every Man pass'd a Patent for it a certain considerable yearly Rent called Quit-rent being reserved to the King out of every Acre these two Acts of Parliament at Dublin with that and other Acts at Westminster together with a Certificate from the Court of Claims and Letters Patents from the King pursuant to the Certificate from the Commissioners made up the Title which two thirds of the Protestants in Ireland had to their Estates Those Papists that had forfeited in 1641. were commonly known by the Name of Old Proprietors who notwithstanding their Outlawries and Forfeitures and the Acts of Parliament that were against them still kept up a kind of Claim to their forfeited Estates they were still suggesting new Scruples and Doubts and either disturbing the Protestant Possessors with Suits in which by Letters from Court they obtained Favour from some of the Judges or else threatning them with an after-reckoning The Protestants earnestly desired a New Parliament which might settle things beyond any Doubt and cut the Papists off from their Hopes and Expectations but King James when Duke of York had so great Interest with his Brother King Charles II. that he kept off a Parliament against all the Sollicitations that could be made for it for Twenty four Years to the no small Damage of the Kingdom on other accounts as well as this and he so encouraged those forfeiting Proprietors and
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 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
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
Reformed Churches and many Roman Catholicks declar'd that they would rather have had us profess no Religion at all than the Protestant In short whether it was from the loosness of the Principles of their Religion or from a design to gain on Protestants Impiety Prophaness and Libertinism were highly encouraged and favoured and it was observable that very few came with King James into Ireland that were remarkable for any strictness or severity of Life but rather on the other hand they were generally signal for their viciousness and looseness of their Morals Sir Thomas Hacket confess'd that in the whole year 1688. wherein he was Mayor of Dublin there was not one Protestant brought before him for Theâ—â— and hardly one for any other immorality whereas he was crouded with Popish Criminals of all sorts The Perjuries in the Courts the Robberies in the Country the lewd Practices in the Stews the Oaths Blasphemies and Curses in the Armies and Streets the drinking of Confusions and Damnations in the Taverns were all of them generally the acts of Papists or of those who own'd themselves ready to become such if that Party continued uppermost But more peculiarly they were remarkable for their Swearing and Blaspheming and Prophanation of the Lord's Day if they had any signal Ball or Entertainment to make any Journey or weighty Business to begin they commonly chose that day for it and lookt on it as a kind of conquest over a Protestant and a step to his Conversion if they could engage him to prophane it with them This universal viciousness made Discipline impossible and whatever Protestants were infected with it were intirely lost to the Church and their Religion for the stress of Salvation according to the Principles of the Reformed Religion depends on Virtue and Holiness of Life without which neither sorrow for Sin nor Devotion will do a Man any Service whereas he that hears Mass daily in the Roman Church kneels often before a Crucifix and believes firmly that the Roman Church is the Catholick and that all out of her Communion are damned makes not the least doubt of Salvation though he be guilty of habitual Swearing Drunkenness and many other Vices and the observation of this Indulgence gained them most of those Proselites that went over to them of the Lewd Women and Corrupted Gentry and many amongst themselves had so great a sense of this advantage that it made them very favourable to debauchery and openly profess that they had a much better opinion of the lewdest Persons that dyed in their own Communion than of the strictest and most devout Protestant and they would often laugh at our scrupling a Sin and our constancy at Prayers since as they would assure us with many Oaths we must only be damned the deeper for our diligence and they could not endure to find us go about to punish Vice in our own Members since said they it is to no purpose to trouble your selves about Vice or Virtue that are out of the Church and will all be damned SECT XVIII 4. King James and his Party in order to destroy the Protestant Religion took away the Protestants Churches and hindred their Religious Assemblies 1. TOwards the beginning of these Troubles the Papists boasted much of their kindness to the Protestant Clergy in leaving them their Churches They thought us very unreasonable to complain of our being robb'd or plunder'd or of the loss of our Estates whilst our Churches were left us and they would not own that they had done any injury to our Ministers whilst they had not turn'd them out of those This was urged upon all Occasions as an unanswerable Argument that King James intended in earnest to preserve inviolably that Liberty of Conscience he had promis'd but this was as all their other Promises a meer pretence the Priests told us from the beginning that they would have our Churches and that they would have Mass in Christ Church the chief Cathedral in Dublin in a very little time we knew well enough that this was intended whatever King James and his Ministers averr'd to the contrary for the same Act of Parliament that they had past to make their Priests and Bishops capable of Preferments and Benefices did also give them a Legal Title to the Churches belonging to those Preferments as they who drew the Act very well knew in the mean time their Affairs were not in such a forward Posture as to encourage them to seize on those Churches to which they could pretend no right tho some had been seized before the Act passed 2. But immediately upon the passing of the Act Duke Schonberg's landing alarm'd them and they were in so great fear of him that they rather thought of running into Munster or leaving the Kingdom than of possessing Churches And therefore they contented themselves with their former Methods for some time which was to let the Rabble break into them and deface them with barbarous and contumelious Circumstances breaking the Windows pulling up the Seats and throwing down the Pulpit Communion-Table and Rails and stealing what was portable out of them An instance of this sort and a remarkable Accident upon it of undoubted credit I have put in the Appendix In some Churches in the Diocess of Dublin they hung up a black Sheep in the Pulpit and put some part of the Bible before it In some places the Creaghs a sort of wild Irish that chose to fly out of the North at Duke Schonberg's landing rather than stay to give an account of the Robberies and Insolencies that they had committed there turn'd the Protestants Churches into lodging places defacing and burning whatever was combustible in them 3. And in Dublin the Government ordered the Churches several times to be seiz'd First the Earl of Tyrconnel fill'd them with Soldiers February 24. 1688. in order to receive the Arms of Protestants and they were kept some for a longer some for a shorter time upon this pretence Then they ordered them to be seiz'd anew September 6. 1689. pretending that the Protestants had hid their Arms in them and I doubt not but that they had Affidavits as they pretended to this purpose sufficient to induce them to search but not to justifie their committing such rudeness and barbarity as they did in them for the Soldiers not only broke open the Monuments and Graves but likewise the Coffins of the dead and tumbled out the dead Bodies and so left them expos'd till they were pleased to let the Protestants come into the Churcheâ— again to bury them though after all they found no Arms nor indeed were there any hid Thus far they proceeded whilst their fear was upon them resolving since they could not hopo to enjoy them themselves that they would make them as useless as they could to Protestants But when they found that Duke Schonberg stopt at Dundalk and they understood the State of his Army the Priests took Courage and in the Months of October and November they
this Minister that he frequently both in his Proclamations and Acts of Parliament ascribes the saving of Ireland to him and assigned him above the value of 20 m. Pounds per Annum to support his new Title of Duke out of the forfeited Estates of Protestants most of them Condemned unheard on publick Fame only This Person therefore was the true Enemy of King James he drove his Master out of his Kingdoms he destroyed him by his pernicious Councils and the Kingdom of Ireland by his exorbitant and illegal Management and therefore he and such other wicked Councellors and Ministers are only answerable for all the Mischiefs that have sollow'd and it is much more reasonable the destruction should fall on them who were the Authors than on the Protestants against whom they design'd it APPENDIX AN ACT For the Attainder of divers Rebels and for preserving the Interest of Loyal Subjects HUMBLY beseech your Majesty the Commons in this present Parliament assembled That whereas a most horrid Invasion was made by your unnatural Enemy the Prince of Orange invited thereunto and assisted by many of your Majesty's rebellious and trayterous Subjects of your Majesty's Dominions and such their inviting and assisting made manifest by their perfidious deserting your Majesty's Service in which by your many Princely Obligations besides their natural Duties they were bounden and having likewise to obtain their wicked ends raised and levied open Rebellion and War in several places in this Kingdom and entered into Associations and met in Conventions in order to call in and set up the said Prince of Orange as well in Ulster and Connaught as in the other Provinces of Munster and Lienster To quell which your Sacred Majesty's late Deputy in this Kingdom Richard then Earl and now Duke of Tyrconnel before your Majesty's happy Arrival in this Kingdom and your Sacred Majesty since your Arrival here have been necessitated to raise an Army to your Majesty's great Charge and Expence And though the said Rebels and Traitors after their having the impudence to declare for the Prince and Princess of Orange against your Sacred Majesty were with all mildness and humanity called in to their Allegiance by Proclamations and Promises of Pardon for their past Offences and Protection for the future And though some of the said Proclamations assured Pardon to all such as should submit themselves and that no Persons were excepted in the last Proclamation besides very few not exceeding Ten in number and few or none of any note came in in obedience thereto and that very many of the Persons who came in upon Protections and took the Oath of Allegiance to your Majesty were afterwards found amongst the Rebels in open Arms and Hostility when taken Prisoners or killed such Protections being found with them So villanous were they by adding Perjury to their former Crimes That it may be Enacted and be it Enacted by your most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same that the Persons hereafter named being Persons who have notoriously joined in the said Rebellion and Invasion and some of which are upon Indictments condemned some executed for High Treason and the rest ran away or abscond or are now in the actual Service of the Prince of Orange against your Majesty and others kill'd in open Rebellion viz. Francis Marsh Lord Archbishop of Dublin James Butler Duke of Ormond Richard Boyle Earl of Cork Cary Dillon Earl of Roscomon William Earl of Strafford Edward Brabazon Earl of Meath John Earl of Mulgrave Vaughan Earl of Carberry William O Bryan Earl of Inchiquin Charles Coote Earl of Mountrath Henry Moor Earl of Drogheda Charles Talbot Earl of Waterford and Wexford Hugh Montgomery Earl of Mountalexander Richard Earl of Ranelagh Sidney Earl of Leicester Villers Viscount Grandison James Annesly Viscount Valentia and Earl of Anglesey George Viscount Castleton Sâ—udamore Viscount Sâ—udamore of Sligoe Luâ—bly Viscount Luâ—bly of Waterford Wenman Viscount Wenman of Tuam Buckley Viscount Buckley of Cashel Francis Boyle Viscount Shannon John Skevington Viscount Mâ—ssareene Cholmundy Viscount Cholmundy of Kells Richard Boyle Viscount Dungarvâ—n alias Lord Clifford Maurice Berkeley Viscount Fitz-Harding of â—eerehaven William Caulfield Viscount Charlemont Morrough Boyle Viscount Blessington James Lane Viscount Lanesborough Daâ—ney Viscount Down William Stewart Viscount Mount joy Adam Loftus Lord Lisburn Ezekiel Hopkins Lord Bishop of Derry William Sheridan Lord Bishop of Killmore William Digby Lord Digby of Geashell Henry Lord Blany of Monoghan Henry Lord Herbert of Castle-Island Sherrard Lord Sherrard of Leytrim Lord Wâ—rton Robert King Lord Baron of Kingston Richard Coote Lord Baron of Coloony Charles Petty Lord Shelburne Henry O Bryan commonly called Lord Ibrickan Robert Dillon commonly called Lord Kilkenny-West William O Bryan commonly called Lord O Bryan Son to the Earl of Inchiquin Robert Lord Lucas Sir Arthur Royden of Moyra Baronet Sir Arthur Cole of Newland Baronet Sir Robert Reading of Brareil Baronet Sir William Temple Baronet late Master of the Rolls Sir Francis Blundell of Edenderry Baronet Sir Laurence Parsons of Bi r Baronet Sir Richard Reynells of Dublin Baronet Sir Christopher Wandesford of Castle Comber Baronet Sir Thomas Southwell of Castlematres Baronet Sir Simon Eaton of Dunmoylen Baronet Sir Emanuel Moore of Ross Baronet Sir Robert Southwell of Kinsale Baronet Sir John Osborne of Baronet Sir Robert Staples of Lissane Baronet Sir James Caldwell of Bellick Baronet Sir John Humes of Castle-Humes Baronet Sir Francis Hamilton of Castle-Hamilton Baronet Sir Arthur Longford of Summer-Hill Baronet Sir William Francklin of Belfast Baronet Sir Oliver St. George of Headford Baronet Sir Robert King of Rockingham Baronet Sir William Gâ—re of Mannâ—r-Hamilton Baronet Sir William Courtney of New-Castle Baronet Sir William Tichburn of Bewly Baronet Sir Samuel Barnadiston Baronet Sir Robert Cottrill of New-town Knight Sir Joshua Allen of Dublin Knight Sir Matthew Bridges of the same Knight Sir Phillips Coote of Killester Knight Sir John Temple of Palmerstown Knight Sir Charles Meredith of Green-Hills Knight Sir Richard Ryves of Dublin Knight Sir Richard Stevens late of Dublin Knight Sir John Edgeworth of Lissane Knight Sir Robert Clayton Knight Sir Richard Buckley of Dunlavan Baronet Sir Henry Fane of Loghgurr Knight Sir Robert Holmes of Ardagh Knight Sir Richard Hull of Leamcon Knight Sir Matthew Dean of Cork Knight Sir Henry Ingoldesby of Dangen Knight Sir John Topham Knight Sir Francis Brewster of Brewsterfield Knight Sir Albert Cunningham of Mount-Charles Knight Sir Tristrum Beresford of Ballykelly Baronet Sir John Magill of Gill-Hall Knight Sir Nicholas Atcheson of Mullaghbrack Knight Sir George St. George of Dummore Knight Thomas Coote of the City of Dublin Esq Richard Foster Esq William Worth Esq lately one of the Barons of the Exchequer John Eaton Esq Counsellor at Law Lieutenant Joseph Stopford Ensign Thomas Stanly Captain Oliver Long Captain Thomas Flower Lieutenant Buckridge Lieutenant
and John Sandisford of the same Gent. Henry Westenra of Athlacca in the County of Limerick Esq John Piggot of Kilfenny Esq Richard Stephens of Newcastle Gent. William Trenchard of Mountrenchard Esq ... Trenchard his eldest Son Eramus Smith of Carrigogonnagh Esq .... Harrison of Ballyvorneene Gent. Hugh Massey sen. of Doontrilige Esq Randall Clayton of Williamstown Gent. Henry Hartstonge Arch-Deacon of the Diocess of Limerick and William Harrison of Tuoreen Gent. all late of the County of Limerick Elnathan Lâ—m Merchant Vincent Gookin of Court-Mac-Shiry Esq Jonas Stowell of Killbritten Esq Philip Dimond of Cork Merchant Thomas Mitchell of the same Merchant Richard Boyle of Shannon-Parke Esq Achilles Daunt of Dortigrenau Gent. Nicholas Lysaght of Ardohnoge Gent. and William Harman of Carrigdownam Esq all late of the County of Cork William Gibbs of ... in the County of Waterford Gent. Loftus Brightwell Gent. Robert Beard Gent. Barzilla Jones Dean of Lismore Matthias Aldington of Tircuillinmore Gent. William Aldlington of the same Gent. and Richard Silver of Youghall Gent. all late of the Counties of Waterford and Cork Henry Brady of Tomgreny in the County of Clare Gent. Richard Picket of Clonmel in the County of Tipperary Esq John Lovet Esq John Castle of Richard's-Town Gent. Joseph Ruttorne of Poolekerry Gent. Thomas Vallentine of Killoman Gent. George Clarke of Ballytarsney Gent. John Bright of Shanrehin Gent. George Clarke of the same Gent. Thomas Climmuck of Tullamacyne Gent. William Warmsby Gent. Richard Clutterbuck of Derryluskane Gent. Erasmus Smith of Tipperary Esq William Watts of Drangan Gent. John Evelin of the same Gent. .... Shapcoate of Loghkent Gent. .... Page of the same Gent. Thomas Moor of Carrageenesâ—iragh Gent. Humphery Wray of Ballyculline Gent. Edward Crafton of Luorhane Gent. Alderman ... Clarke of .... John Clarke Gent. Arthur Annesloe Gent. William Warwick and Purefoy Warwick of Ballysidii Gent. Capt. .... Cope Robert Boyle of Killgraunt Gent. Hugh Radcliffe of Clonmel Gent. Edward Nelthrop Gent. Robert Dixon Samuel Clarke Gent. John Jones Gent. Henry Payne Gent. George Clarke of Tobberheny Gent. Edward Huchinson of Knocklosty Gent. Richard Aldworth late chief Remembrancer John Baiggs of Castletowd Gent. and John Buckworth of Shanballyduffe Esq all late of the County of Cipperary John Kingsmell of Castlesin in the County of Donnegall Esq James Hamilton of Dunmanagh in the County of Tyrone Gent. John Aungier Minister of the Vicarage of Lurgen in the County of Cavan William Allen of Kilmore in the County of Monaghan Gent. James Davys of Carrickfergus in the County of Antrim Gent. Samuel Warring of Warringstown in the County of Down Gent. Henry Cope of Loghall in the County of Ardmagh Gent. Gilbert Thacker of Cluttan Esq Archibald Johnson of Loghelly Clerk Oliver St. John of Toneregee Esq and William Brookes of Droincree Clerk all late of the County of Ardmagh Capt. Thomas Caulfeild of Dunamon in the County of Galloway Josepb Stuart of Turrock in the County of Roscomon Gent. and Henry Dodwell of Leytrin in the same County Gent. Paul Gore of Newton in the County of Mayo Esq Have before the said fifth Day of November last absented themselves from this Kingdom and live in England Scotland or the Isle-of-Man and there now abide and by their not coming or returning into this Kingdom upon your Majesties Proclamation to assist in Defence of this Realm according to their Allegiance must be presumed to adhere to the said Prince of Orange in case they return not within the time by this Act prescribed and thereby may justly forfeit all the Lands Tenements the Hereditaments which they or any of them are intituled unto within this Kingdom Be it therefore enacted by the Authority aforesaid that in case the said Person and Persons last mentioned do not by the first Day of October one thousand six hundred eighty nine of his and their own Accord without Compulsion return into this Kingdom and tender him and themselves to the chief Justice of your Majesties Court of Kings-Bench oâ— to some other Judg of the said Court or Judg of Assize in his Circuit or to any of the Lords of your Majesties most honourable Privy Council to be charged with any Crime or Crimes to him or them to be charged or imputed that then or in case he or they upon such his or their Return shall be convict by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand mute such Person and Persons so absent and not returning as aforesaid or after his or their Return being convict of Treason as aforesaid shall from and after the said first Day of October one thousand six hundred eighty nine be deemed reputed and taken as Traytors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason is accustomed But in case such Person and Persons so returning upon such his or their Trial be acquitted or discharged by Proclamation then such Person and Persons respectively shall from thence-forth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding Provided always that in case your Majesty shall happen to go into the Kingdom of England or Scotland before the first Day of October one thousand six hundred eighty nine Then if the said Sir William Meredith Sir Charles Chiney Sir Charles Lloyd Sir Algernon Mayo Sir Richard May Sir Joseph Williamson Sir William Barker Alexander Fraizer Esq John Hollam .... Daniel of the Iron-Works Brooke Bridges Charles Vaughan Hugh Merrick Nathaniel Huett Hierom Hawkins Major John Reade William Trenchard .... Trenchard his eldest Son Erasmus Smith .... Harrison of Ballyverneen Achilles Daunt John Power Lord Decies William Gibbs Loftus Brightwell Robert Beard Matthias Aldington William Aldington John Lovett John Castle Joseph Rittorne Thomas Vallentine George Clarke of Ballytrasiny John Bright George Clarke of Shaurelin Thomas Chinnucks William Warmsby Richard Clutturbruck Erasmus Smith William Watts John Evellin .... Shapcoate of Loghkent .... Page of the same Thomas Moore Humphery Wray Edward Crofton Alderman Clarke John Clarke Arthur Anslow William Warwick Purefoy Warwick Capt. ... Coapes Robert Boyle of Killgrant Hugh Radcliffe Edward Nelthrop Robert Dixon Samuel Clarke John Jones Henry Payne George Clarke and Gilbert Thacker whose Dwelling and Residence always hath been in England shall give your Majesty such Testimony of their Loyalty and Fidelity as that your Majesty will be pleased on or before the said first Day of October one thousand six hundred eighty nine to certify under your Privy Signet or Sign manual unto your chief Governor or Governors of this Kingdom That your Majesty is satisfied or assured of the Loyalty and Fidelity of the Persons last before-named or of any of them That then if such Certificate shall on or before the first Day of November
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
more faithful Army than you have at present And now that a needful Alteration is begun in Ireland it should be carried on speedily for your own and Catholick Subjects security for all the Sectaries in your Dominions are so gall'd at some of the Phanaticks being discarded in Ireland that they join Heads concert Councils swear and contrive Vengeance against all Papists who must expect no Quarters but during your Majesty's Reign But all good Men have reason to hope that that God who delivered you from the manifold Dangers of your Life and made your Enemies your Footstool will spare your precious Life till you accomplish the glorious Work reserv'd for you by that Providence that is your best Life-guard And 't is the comfort of all good Subjects that besides your being of all sides descended from healthy Parents you have I thank God at present all the Symptoms of a vigorous long-lived Man Nay that your having been suckled by a very healthy long-liv'd Woman must in reason contribute much to the length of your Life therefore put your Trust in that God that never failed any good Man that placed his Hopes with considence in him and consider the Proverb That he that begins well has in a manner half done his Work which cannot be more aptly applied than to the auspicious beginning of your Reign for God has so dashed the Enterprizes and Hopes of your Enemies that the terror of your Name and their experience of your good Fortune is with the help of the Army they gave you way to raise sufficient if not to change their Hearts at least to curb their Insolence Therefore listen not to trimming Counsellors whose aversion to your Religion and cunning Design of spinning out your Life with their pian piano may put them upon urging to you that great Alterations are dangerous when carried on otherwise than by slow and imperceptible Degrees Which is true where Matters are not so ordered in point of Power as not to need fear a Perturbation in the State but otherwise Celerity and Resolution adds Life and Vigour to all Actions especially such as relate to Change which is often prevented by tedious Deliberations for the Party fearing an Alteration is always as having more reason more jealous and vigilant than he from whom it is feared and therefore leaves no Stone unturn'd to hinder the accomplishment of Designs that might take Effect if not marr'd for not being vigorously push'd on as soon as resolv'd upon And as Precipitation is an Error so is Irresolution which is never to be practised by any especially a known wise and resolute Prince but when the Issue of Enterprizes depends more upon Chance than a prudent management of Causes and rational foresight of Events But nothing causes Irresolution more than a medly of Counsellors of a different Religion with their Prince who will be on all Occasions as industrious to prevent as he can be to carry on any Design for re-establishing Religion And inasmuch as Authority Courage and Prudence are the three most necessary Qualifications in a Prince that conduce most of all ordinary Means to the replantation of a Religion and that all three meet to the highest pitch in your Majesty no protestant Counsellor will advise you to any alteration in the Government that may directly or indirectly tend to a Change in Religion Nay they lie under such Jealousy and Prejudice as may induce them to magnify Danger where there is none at all and take no notice where it really is A Device much practised in England of late Years Hence in the late King's time No Danger threatned his Majesty but from the Catholick Quarters whilst the greatest of Dangers hovered over his and your Sacred Heads warpt up in the dark Cloud of Fanatick Treachery and Dissimulation Sir It is plain that the reality of the Danger lies in your Delay of making your Catholick Subjects considerable For God's sake consider that yours and their sworn Enemies threaten above-board that Popery or Protestantism must and shall be for ever extirpated in these Kingdoms and that all Papists must inevitably split upon a Rock in that Haven where they had reason to hope for Safety if not secured against the threatning Storm during your Majesty's Life whereof the Days and Hours are precious considering the important Game you have to play and the indispensable Obligation you lie under before that God ..... and contribute as much from the Helm to the conversion of Souls as the best of Preachers from Pulpits for Words do but move but Examples and especially those of great Men have more resistless Charms and a more than ordinary Ascendent over the Minds of the common People Which Consideration should prevail with your Majesty to prefer without delay couragious wise and zealous Catholicks to the most eminent and profitable Stationâ— especially in your Houshold where you are King by a two-â—old Title by which means you would in a short time be stock'd with faithful Counsellors all of a piece that would join Heads Hearts and Hands and would contribute unanimously to the effectual carrying on so good a Design ..... distinction 'twixt his politick and natural Capacity fighting against the one in defence of the other it is to be fear'd the Protestants of your English Army would in case of a Rebellion be too inclinable to fight for the King Parliament and Protestant Religion against the King as Papist his Popish Cabals and Popery To prevent which as Matters now stand there is but one sure and safe Expedient that is to purge without delay the rest of your Irish Army increase and make it wholly Catholick raise and train a Catholick-Militia there place Catholicks at the Heâ—â— of that Kingdom issue out Quo-warranto's against all the Corporations in it put all Employs Civil as well as Military into Catholick Hands This done call a Parliament of Loyal ..... present Revenues of that Kingdom cannot answer other State-Contingencies and maintain a greater Army than is already on foot especially when the Revenues rather fall than rise there The Solution to this Objection is to be expected also from your Majesty in whose Breast it lies to take off by a Law the Restraint that Country is under as to Trade and Traffick for which it lies much more convenient than any of your Kingdoms When this is done the Irish Merchants will like the Souldiers flock home from all parts of the World but with this difference that as the Souldiers come to get your Money the Merchants will bring all their ..... that there are few or none Protestants in that Country but such as are join'd with the Whigs against the Common Enemy And as to your Revenues you are cheated of them by the mismanagement and sinistrous Practices of your Commissioners whereof the major part are in their Hearts rank Whigs and of a whiggish Race and hence it is that they employ no Officers but Men of their own Kidney that swallow the Oaths and
the Lord Deputy and Roman Catholick Nobility and Gentry of the Kingdom who are universally concerned in the present Army and in that which is to be raised will upon the first signification of his Majesty's Pleasure to that purpose unanimously Disband retire to their several Dwellings and apply themselves to advance the Quiet and Wealth of the Kingdom Nor can I ever doubt his Majesty's Condescention and Care for the Preservation of this His Kingdom and preventing the Effusion of Christian Blood For most assuredly if War should happen here which God of his Infinite Mercy prevent His Majesty would be the only great Sufferer in the Loss of so many Subjects Lives wherein consists the Wealth and Strength of the greatest Monarchs There are very many now at London who know the State and Condition of this Kingdom much better than I pretend to what I now write I design not as a Secret but if you think it worth Consideration I leave it to you to Communicate it to such as you shall think fit And if there be any thing in it worthy their Thoughts I must declare that there is nothing within the reach of my Industry that I will not endeavour in the method of my Profession for the maintenance of Religion and Property as established by the Laws of this Kingdom and should die with the greatest satisfaction and reckon it a Nobler Posterity than any Man can pride himself in if I could be in the least Instrumental in the setling Peace and Quiet without more hazard or Loss to this my Native Country which I make no doubt the Almighty will in his good Time effect by his own Means and Instruments more deserving of so great a Blessing from him than I am If this find any Room with your self other thinking Men or such who have great Stakes here let me know your Thoughts with what convenient speed you can it being a matter in which a moment is not to be lost and the first Step to be made there since it cannot be expected that the Lord Deputy will do any thing in a matter of so great Moment without His Majesty's Directions N o 15. Proposals humbly offered to the Earl of Tyrconnell Lord Deputy by the Bishop of Meath about the intended Search for Arms. WHEREAS Your Excellency hath ordered by Your Declaration That a Search shall be made in every House in Dublin for Arms and Ammunition and that in Case any shall be found upon Search that the Persons with whom they are found shall be left to the Mercy of the Soldiers This Penalty is thought unreasonable on these following Accounts First Because it is not determin'd by the Declaration who shall be the Searchers for if the matter be manag'd as hitherto it hath been that every one who pretends to be a Soldier must have liberty to search and in such Numbers and as often as they please no House can be safe for that some have been already searched by Six Companies after one another and that in the same Day And if any of these should pretend to find a Pistol or Bagonet or Horn of Powder though he brought it out of his Pocket with a design to draw an inconvenience on the House yet by the Declaration the House and all that is in it must be left to the Mercy of the Soldiers and by this means the Innocent may suffer as well as the Guilty Secondly That if the Soldiers be permitted to search there will be so much Damage by it to this City that an Age cannot Repair it For by this means every Place that is capable of concealing Arms must be left to their Discretion the Boards will be rip'd up partition Walls broken down Wainscot taken down Cellars digg'd up the Foundations of Houses endanger'd Barrels of Beer open'd Provocations offer'd and received the Safety of the People in apparent hazard many things taken away without hopes of Restitution the Looms of Tradesmen and the Instruments of Artificers destroyed and his Majesty's Interest dis-served after all by the Soldiers endeavouring rather to serve their own Ends than his Majesty's true Interest Thirdly In many Houses there are several Families Lodgers and Servants of several Sorts and if any of these either out of Malice or Folly or good Will to their Masters conceal any Arms though never so inconsiderable all the rest though Innocent must suffer for it which is against Equity and Justice that requires every Man to suffer only for his own Fault and not for the Fault of others Fourthly Many have had Lodgers in their Houses for several Years whose Truncks and Papers are still there and possibly Arms may be in them which the House-keeper knows nothing of It is therefore Unreasonable That either the Owners of such Goods being absent or the Masters of the House that know nothing of it should suffer for what they cannot help By this means Papers may miscarry and the Estates of Men be ruin'd and undone Fifthly Many Landlords Owners of Houses are either gone for England or absent elsewhere about their lawful Occasions and their Servants may either not know where their Arms are or foolishly endeavour to conceal them and so expose their innocent Masters to Ruine Sixthly The leaving Persons to the Mercy of the Soldiers is a Punishment so unknown to our Laws and so strange to these Kingdoms that the Execution of it will be agreat prejudice to his Majesty's Affairs and alienate the Hearts of his Subjects more from him and do him whose Presence they expect more mischief than the Arms can do him good It is an ill President and may in time destroy the whole Kingdom and subvert the Law It is therefore humbly proposed That in case your Excellency be not satisfied with the Returns already made and to be made but you will still go on with the Search that your Excellency would graciously condescend to these following Expedients for the better Ease and Quiet of his Majesty's Subjects First That whereas each Parish is divided into its several Wards that your Excellency would order the Search to be made by the Deputy Alderman of each Ward with the Assistance of One or more Military Officers as your Excellency shall think fit and not by the Soldiers for by this means what Arms are found will be secured for his Majesty's Use and the Subject freed from the fears of Plunder and Ruine The Search intended is so provided for to be by an Alderman and an Officer Secondly That no Man be responsible for more than his own Goods nor the Punishment inflicted on any but the Guilty His Excellency consents to this Thirdly That regard be had to the Goods and Papers of all Persons that be absent and who by reason of their Absence before the Declaration was published cannot be presumed to be Violaters of it His Excellency consents to this Fourthly That a Declaration be published to this purpose for informing the People of your Excellency's Intentions which will contribute
Tyrrel's Papers March 8th 1689. I Have yours my D. L. of the 29th of January last your Style by Mr. Despont 'T is large and plain enough and another before more Concise and in Merchants Style both tending to the same end and of which I made use to the same purpose notwithstanding all the Discomposure of my Health this Month past as you shall I hope find by the Effects e'er this comes to your hands for the King upon your earnest Invitation in both your said Letters and by other strong Considerations took of a sudden the Resolution to go unto you and parted hence this day Sennight being the last of February and I hope in God is by this time landed somewhere in Ireland for the Wind serves fair ever since he parted and he did expect to be on Friday Night this being Monday following at Brest where all things and most part of the Officers were in a Readiness staying for his Majesty's Arrival for to part with the first Wind. I wrote unto you in that Conveniency by Sir Neal O Neal and another by Post at the same time This will go flower and by the second Voyage of the same Ships when they come back for more Men and Commodities It goes by a Friend I dare trust with all the Secrets of it and so I will be full plain and over-board The Bearer is Doctor Butler a good Gentlemans Son of a good Estate when People enjoyed their own Birth-right to which he is become himself Heir if he can recover it In which I shall beg your Favour and Protection for him when occasion doth require He has made all his Studies and took his Degrees here I have sufficiently instructed him of all the Contents of this Letter by word of Mouth for fear of any Miscarriage and although I ought to presume that all and every of you there and especially so clear sighted and foreseeing Persons as you and others like you need no Advertisement or Spurr Yet my Zeal pro Fide Rege Patria could not dispense with me to be silent from writing when I am not upon the Place to speak my Sense as others Now my Lord you have the King so much wished and longed for of whom we may say without Offence as of our Saviour hic positus est in Ruinam Resurrectionem multorum If you make good use of him you may get a Resurrection of many by him but if you make a bad use you may get their Ruine so all depends under God of the good or bad use you make of his Presence amongst you it is but a special Providence of God that he is so unexpectedly gone thither But when God's Providence is either slighted or neglected by People not helping themselves and not making use of the Occasions offered them by Providence God can and does usually with-draw his special Providence Conantes adjuvat exauditque deprecantes says St. Augustin My Lord the Game you have now to play is very nice and ticklesome The Religion King and Countries Ruine or Resurrection depends on it If you play it well you will carry all and save all but if you play it ill you will lose all and for ever All consists in resolving well how to dispose of Ireland in the present Conjuncture being the only Country that appears now for the King wherein you have two Parties to manage The one to wit the Protestant-Newcomers and Usurpers under the Rebellion of Cromwell are suspected or rather certain can nor will ever be Loyal or Faithful whatever Outward Shew or Promises they make Which is manifest by their several Instances in our Days both in England and Ireland The other Party to wit the Catholicks of Ireland proved still faithful and Loyal to the King at Home and Abroad though very ill recompensed Now the great question to be decided will be whether setting aside the manifest and incontestable Injustice of that most barbarous and inhumane Act they wrongfully call THE SETTLEMENT OF IRELAND Whether I say it is more politick and prudent to trim and temporize now with those Usurpers promising really or seemingly not to disturb them in their unjust Possessions than to restore the true ancient Proprietors turn off or rather secure the Usurper and make up a strong and potent Army all of True Loyal Faithful and Incorruptible Men without any mixture of Trimmers or Traytors I would think the Question thus Stated is soon resolved by natural Reason divers Instances and sad Experiences What Man of Sense or Reason can imagin that those who by their Rebellion cut off their King's Head like a Scelerate on a Scaffold banished his Queen and Children into Foreign Countries to beg their Bread for so many Years together and after the Heir's Restauration to his Crown not only put so many hard and unjust Conditions upon him namely that of excluding the Irish Catholicks from the Amnestly General but also used so many foul Means and Contrivances to murther and massacre him and his Brother together and seeing the King Issueless to use all their Endeavours to exclude the Brother from his lawful Birth-right and Succession to the Crown and when they could not by a Legal and Parliamentary way perform it at last draw Foreign Power into the Kingdom with whom by a most horrid Rebellion and most traiterous Defection they all join and turn him from his Throne and banish him with his Queen and Son the only lawful Heir of the Crown into Foreign Countries again placed a Foreigner upon the Throne in a Month's time after declaring the Crown vacant though he and his Son still alive All these barbarous and traiterous Transactions done within Forty Years time in the Face of the World By all which experiences the present King in his own Person passed but how can it be possible say you that the King having tried in his own Person all these Instances and Experiences with several others he could be thus impos'd upon and deluded I tell you by the same Reason that you may be now deceived if you are not cautious that is by want of Capacity and Sincerity in his Advisers telling him still he must do nothing that may irritate or provoke the Anger of the Protestants of England who are very dangerous That he must get them by fair means granting them all they desire nay preventing their desires by all good Offices and Marks of Kindness even to the Prejudice of his Crown and Dignity By this fair Politick they hindred him from drawing Succour out of Ireland sooner from making up a Catholick Army that would stick to him instead of a Protestant one that betrayed him hindered him also from having any Succour from France offer'd him Obliged him to declare that he had no Alliance with France and never to believe that the Dutch had any Design upon him or his Country till they were in the very Bowels of it Let any Man of Sense see if such rotten Principles and Politicks
Fitzgerald Esquires Bur. Trim. Captain Nicholas Cusack Walter Nangle Esquire Bur. of Navan Christoph. Cusack of Corballis Esquires Christ. Cusack of Ratholdran Esquires Bur. Athboy John Trinder Esquires Robert Longfield Esquires Duleek Kells Com. Monoghan Bryan Mac Mahon Esquires 9 th July 1689 Hugh Mac Mahon Esquires 9 th July 1689 Town of Monoghan Com. Fermanagh Enniskillen Queens County Sir Patrick Trant Knight Edmond Morris Esq Bur. Maryborough Peirce Bryan Esquires Thady Fitz Patrick Esquires Bur. Ballinkill Sir Gregory Bourne Baronet Oliver Grace Esquire Port Arlington Sir Henry Bond Baronet Sir Thomas Hacket Knight Com. Roscommon Charles Kelly Esquire John Bourk Bur. Roscommon John Dilton Esquires John Kelly Esquires Bur. Boyle John King Captain Terence Mac Dermot Alder. 6th May 1689. Tulske Com. Sligoe Henry Crofton Esquires Oliver O Gara Esquires Bur. Sligoe Terence Mac Donogh Esquires 8th May 1689. James French Esquires 8th May 1689. Com. Tipperary Nicholas Purcell of Loghmore Esquires James Butler of Grangebeg Esquires City of Cashell Dennis Kearney Aldermen James Hacket Aldermen Bur. Clonmell Nicholas White Aldermen John Bray Aldermen Bur. Fethard Sir John Everard Baronet James Tobin of Fethard Esq Bur. Thurles Bur. Tipperary Com. Tyrone Coll. Gordon O Neile Esquires Lewis Doe of Dungannon Esquires Bur. Dungannon Arthur O Neil of Ballygawly Esquires Patr. Donenlly of Dungannon Esquires Bur. Strabane Christopher Nugent of Dublin Esquire Dan. O Donelly of the same Gent. 8th May 89. Clogher Augher Com. Waterford John Power Esquires Math. Hore Esquires Bur. Dungarvan John Hore Esquires 7th May 89. Martin Hore Esquires 7th May 89. City of Waterford John Porter Esquires Nicholas Fitzgerald Esquires Bur. Lismore Tallow Com. Wexford Walter Butler of Munfine Patrick Colclogh of Moulnirry Bur. Wexford William Talbot Esquire Francis Rooth Merchant Bur. New Rosse Luke Dormer Esquires Richard Butler Esquires Bur. Bannow Francis Plowden Esq Commis of the Revenue Dr. Alexius Stafford Bur. Newborough Abraham Strange of Tobberduff Esq Richard Daley of Kilcorky Gent. Bur. Eniscorthy James Devereux of Carrigmenan Esquires Dudley Colclough of Mougâ—ery Esquires Arther Waddington Esq by a new Election Bur. Taghmon George Hore of Polhore Esquires Walter Hore of Harpers-town Esquires Bur. Cloghmyne Edward Sherlock of Dublin Esquire Nicholas White of New Rosse Merchant Bur. Arklow Fytherd Coll. James Porter Capt. Nicholas Stafford Com. Wicklow Richard Butler Esquires William Talbot Esquires Bur. Caryesfort Hugh Byrne Esquire Peice Archbold Esq Upon whose default of Appearance Barth Polewheele Bur. Wicklow Francis Toole Esquires Thomas Byrne Esquires Bur. Blesington James Eustace Esq Maurice Eustace Gent. Baltinglass Com. Westmeath The Honorable Coll. William Nugent The Honorable Coll. Henry Dillon Bur. and Mannor of Mullingar Garret Dillon Esq Prime Sergeant Edmond Nugent of Garlans-town Esq Bur. Athlone Edmond Malone of Ballynehown Esq Edmond Malone Esq Councellor at Law Bur. Kilbeggan Bryan Geoghegan of Donore Esquires Charles Geoghenan of Syenan Esquires Bur. Fore John Nugent of Donore Esq Christoph. Nugent of Dardis town Esq Com. Londonderry City Londonderry Bur. Colerane Bur. Lamavudy No. 22. An Address to King James in Behalf of the Purchasers under the Act of Settlement by Judge Keating THis humble Representation made unto your Sacred Majesty is in the Behalf of many Thousands of your Majesties dutiful and obedient Subjects of all Degrees Sexes and Ages The Design and Intention of it is to prevent the Ruine and Desolation which a Bill now under Consideration in order to be made a Law will bring upon them and their Families in case your Majesty doth not interpose and by your Moderation and Justice protect them so far as the known Laws of the Kingdom and Equity and good Conscience will warrant and require It is in the Behalf of Purchasers who for great and valuable Considerations have acquired Lands and Tenements in this Kingdon by laying out not only their Portions and Provisions made for them by their Parents but also the whole Product of all their own Industry and the Labour of their Youth together with what could be saved by a frugal Management in order to make some certain Provision for Old Age and their Families in Purchasing Lands and Tenements under the Security of divers Acts of Parliament Publick Declarations from the late King And all these accompanied with a Possession of Twenty five Years Divine Providence hath appointed us our Dwelling in an Island and consequently we must Trade or live in Penury and at the mercy of our Neighbours This necessitates a Transmutation of Possessions by Purchase from one hand to another of Mortgaging and Pledging Lands for great and Considerable Sums of Money by charging them with Judgments and indeed gives Name to one of the greatest Securities made use of in this Kingdom Statutes Merchant and of the Staple and very many especially Widows and Orphans have their whose Estates and Portions secured by Mortgages Bond of the Staple and Judgments Where or when shall a Man Purchase in this Kingdom Under what Title or on what Security shall he lay out his Money or secure the Portions he designs for his Children If he may not do it under divers Acts of Parliament the solemn and reiterated Declarations of his Prince and a quiet and uncontroverted Possession of Twenty Years together And this is the Case of thousands of Families who are Purchasers under the Acts of Settlement and Explanation It were a hard task to justifie those Acts in every Particular contained in them I will not undertake it but if it be consider'd that from 23. October 1641. until 29. May 1660. the time of his Majesties Restauration the Kingdom was upon the matter in one continued Storm That the alterations of Possessions was so universal and Properties so blended and mixt by Allotments and Dispositions made by the then Usurping Powers It may be well concluded that they must be somewhat more then Men that could or can frame a Law to take in every particular Case though it should have swoln to many Volumes and Laws which are to be of such universal Consequence as this was are to have a Regard to the Generality of a Kingdom or People though possibly some particular Person may have some hardship in his private Concern But if we may judge by general Laws by the produce and effect of them and at the same time have a Prospect to the Estate and Condition of this Kingdom from 1640. and as far backwards as you please until the time of his late Majesties happy Restauration and at the same time take into Consideration what the Kingdom became in few years after the Commission for the Execution of those Acts were at an end the Buildings and other Improvements the Trade and Commerce the vast Heads of Cattel and Flocks of Sheep equal to those of England together with great Sums of money brought over by our Fellow-Subjects of England who came to Purchase and Plant in this Kingdom The Manufactures set on foot in divers parts whereby the meanest Inhabitants were
Legislative Power should be made use of to void this Mans Estate who perhaps was never in this Kingdom until after these Acts were Enacted and became Laws it will be the like Case with all Persons who upon the Marriage of their Children and considerable Marriage Portions paid and receiv'd have procured Settlements for Jointured Portions and Remainders for their Children and Grand Children And all these are to be laid aside without any Consideration of Law or Equity in the Case of the Purchasers or any misdemeanor or offence committed by them Whereby vast Numbers of your Majesties dutiful Subjects the present Proprietors and their Lessees and in very many Cases Widows Orphans Merchants and Traders will be at one stroke outed and removed from the possessions of their Lands and Improvements which in many places are more in value than the Township whereon they are made This with submission without some fraud decelt or default of the Purchaser never was and it is hoped never will be done by a People or Nation professing Christianity Nor is it for the Honour Welfare or Advantage of the King or Kingdom to have it so done What will strangers and our fellow-subjects of England and Scotland say We sold our Estates in England transported us and our Families into Ireland to purchase improve and plant there We acquired Lands under as secure Titles as Acts of Parliament the greatest known Security could make them Our Conveyances both by Deeds and matters of Record are allowed good firm and unquestionable by any Law in force at the time of the Purchase We have had the possession 10 12 or 15 years and are grown old upon them We have clearly drawn our Effects from England and settled here not doubting but our Posterity may be so likewise We have purchased Annuities and Rent Charges out of Lands under the same Securities And now the Old Proprietors though many of them had Satisfaction in Connaught would fain have a new Law to dispossess us of our Estates and Improvements made as aforesaid It will not be believed that the chief of those who drew on this Design should in Parliament and elsewhere which ought to consist of the gravest wisest and wealthiest Free-holders of the Kingdom for such the Law presumes them make a noise with that good and wholsome advice Caveat emptor in this Case or can think that Caveat is proper here The Purchaser ought to be wary of any Flaw in the Title at the time of the Purchase made and purchases at his peril if any such there be But who is that Purchaser that must beware of a Law to be made 20 30 or 40 years after his Purchase or to destroy his Security for Money lent or Settlement upon Marriage this is not a desect in the Title but under favour is a President which no humane foresight can prevent and if once introduced no Purchaser could ever be safe the worst of Lotteries affording a securer way of dealing than Ireland would Can it be your Majesties Honour or Advantage to have thousands of Families ruined by such a Proceeding as this is What will become of our Credit and consequently of our Trade abroad Where will be the Reputation and publick Faith and Security of the Kingdom when Foreign Merchants shall know from their Correspondents here that they cannot comply with their Engagements to them their Estates Houses and Improvements both in Countrey and City which they had acquired for great and valuable Consideration and within the Securities of the Laws are taken from them by a Law made yesterday in case this Bill should pass So that in Effect we are not only contriving to break and ruine our own Trades and Merchants at home but even those in Foreign parts which will infallibly destroy your Majesties Revenue and sink that of every Subject Surely these Particulars and the Consequences of them are worth more then two or three days consideration which is as much as this Bill could have since the Parliament was not open'd till the 7th of this Month The very Report of what is designed by this Bill hath already from the most improved and improving Spot of Earth in Europe From stately Herds and Flocks From plenty of Money at 7 or 8 per Cent. whereby Trade and Industry were encouraged and all upon the Security of those Acts of Parliament From great and convenient Buildings newly erected in Cities and other Corporations to that degree that even the City of Dublin is ruined The passing of these Acts and the securities and quiet promised from them inlarged double what it was That the Shipping in divers Ports were 5 or 6 times more than ever was known before to the vast increase of your Majesties Revenue reduced to the saddest and most disconsolate condition of any Kingdom or Countrey in Europe Infinite numbers of the Inhabitants having transported themselves and Families with what remained unfixed in Purchases and Improvements and was portable of their Estates into other Kingdoms that very many of the Buildings both new and old in this City and in the very Heart and Trading Part of it are uninhabited and waste It is grievous to see as you pass through the City the Houses and Shops shut up The Herds and Flocks in the Countrey are utterly destroyed So that of necessity the Tenant must break throw up his Lease leave the Key under the Door and the Lands become waste and from hence will necessarily follow that the Farm-houses and Improvements must go to decay and Beef Tallow Hides Wooll and Butter from whence arise the Wealth of the Countrey will fail us What is become of the frequent Declarations made by the Earl of Clarendon and the Earl now Duke of Tyrconnel of your Majesties fix'd Resolutions never to lay aside the Acts of Settlement and Explanation Why did the Judges in their several Circuits declare in all places where they sate unto the Countries there assembled that your Majesty was resolved to preserve the Acts of Settlement and Explanation and that they were appointed by the then Chief Governour here to declare the same unto them from whence they took confidence to proceed in their Purchases and Improvements and with submission be it spoken if this Bill pass are deluded Shall Patents on the Commission of Grace signify nothing The Great Seal of England tells them they may proceed upon the publick Faith and here again they become Purchasers paying considerable Fines to the King to whom Rents were reserved where none were due before and many places the Rent increased as in case of Fairs and Markets granted together with the Lands on them Patents of Liberties of Free Warren and to enclose and empale for Park surely some consideration ought to be had of those whose money was paid on this account It would be farther considered That your Majesty before your access to the Crown had passed several Lands and Tenements in this Kingdom in Certificate and Patent pursuant to these Acts of
Possession and Letters Patents on Record are all blown off at once and nothing left sure or firm in the Kingdom For my part I cannot understand that any Man will Purchase an Acre of Land hereafter when former Purchasers that thought themselves secure are so much discouraged Improvements must perish likewise for by the Petitions that have been preferred to this House your Lordships may perceive that some Proprietors have but small Estates 20 40 or 100 Acres on which Sumptuous Houses and large Gardens and Orchards have been erected and the Income of their Estates is not able to repair the Glass Windows or defray the Wages of the Gardiner And as for Husbandry what between the Old Proprietor that is to be restor'd and cannot Manure the Ground till he is possessed of it and the present Possessor that knows not how long his Term will hold and therefore will be at no Charges upon a Term that depends on the Will of the Commissioners We shall have the Plow neglected and must feed on one another instead of Corn. My Lords This is not all the inconvenience in it but it is likewise to the prejudice of the People in the Kingdom both Protestants and Catholicks The Protestants are already ruin'd by the Rapparees and if their Estates are taken from them I know nothing wanting to make them compleatly miserable The rich Catholicks have as yet escap'd the Depredations of their Neighbours but they will be almost as miserable as the Protestants when their Estates and Improvements are taken from them My Lords This Bill doth likewise destroy the Publick Faith and Credit of the Nation it destroys the Credit of England by Repealing the Act Pass'd there for the Satisfaction of Adventurers it destroys the Publick Faith of Ireland by Repealing the Acts of Settlement and Explanation it violates the Faith of his late Majesty which hath been pass'd to his Subjects in his Gracious Declaration for the Settlement of this Kingdom and in his Letters Patents pursuant to it It subverts the Credit of his present Majesty in his Letters Patents that he hath Pass'd since his coming to the Crown on the Commission of Grace for he has receiv'd the Composition money and if these Grants must be vacated I cannot forbear to speak it plainly that the Subject is deluded it commits a Rape upon the Common Law by making all Fines and Recoveries useless and ineffectual and it invades the Property of every private Subject by destroying all Settlements on valuable Considerations My Lords This Bill is Inconvenient in point of Time Is it now a time for men to seek for Vineyards and Olive yards when a Civil War is rageing in the Nation and we are under Apprehensions I will not say fears for it is below Men of Courage to be afraid of Invasions from abroad is it not better to wait for more peaceable times and Postpone our own Concerns to the Concerns of his Majesty and the publick Peace of the Nation To do otherwise is to divide the Spoyl before we get it to dispose of the Skin before we catch the Beast We cannot in this case set a better President before Us than the Case of the Israelites in the Book of Joshua they had the Land of Canaan given them by God but yet Joshua did not go about to make a Distribution of it to the Tribes till they had subdued their Enemies and the Lord had given them peace Nay My Lords I am confident that it will prejudice His Majesties Service because every Mans eye and heart will be more on his own Concerns than His Majesties Business it is possible that their affections may be more set upon the gaining of their Estates than the Fighting for the King and then all their Endeavours will be drowned in the Consideration of their own profit Moses was Jealous of this when the Two Tribes and an half desired to have their Possessions on this side Jordan before the Land was intirely subdued and there may be the same motives to the like suspitions now My Lords Either there was a REBELLION in this Kingdom or there was not If there was none then we have been very unjust all this while in â—â—eping so many Innocents out of their Estates And God forbid that I should open my Mouth in the Defence of so gross an Injustice but then what shall we say to His Majesties Royal Fathers Declaration in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who there owns that there was a Rebellion and in pursuance of that Opinion passed an Act to secure such as should adventure Money for the suppressing of it Nay What shall we say to the Two Bills that have been brought into this House the one by an Honourable Lord which owns it fully the latter from the Commoners which owns a Rebellion but extenuates it I take it then for granted that there was a Rebellion and if so it was either a total or a partial one If it was a general one then all were guilty of it and none can pretend to be restored to his Estate farther than the King in his Mercy shall think fit to grant it him If it was a partial one then some Discrimination ought to be made between the Innocent and the Guilty The Innocent should be restored and the Guilty excluded from their Estates but here is a Bill that makes no distinction between them but Innocent and Nocent are all to fare alike The one is to be put in as good a Condition as the other and can your Lordships imagine that it is reasonable to do this when we all know that there has been a Court of Claims erected for the Tryal of Innocents that several have put themselves upon the Proof of their Innocence and after a full Hearing of all that they could offer for themselves have been adjudged Nocent My Lords I have Ventur'd Candidly and Impartially to lay my Thoughts before you and I have no other design in it than honestly to acquit my Conscience towards my KING and Country If my Freedom hath given your Lordships any Offence I do here submissively beg your Pardon for it but it is the Concern of the Nation in general that hath made me so warm in this Affair I have but one thing more to add That God would so direct and instruct your hearts that you may pitch upon those Courses that may be for the Honour of the King and the Benefit of the Kingdom Objections against the Particulars of the Bill made by the Lord Bishop of Meath I. No Penalty on such as shall enter without Injunctions II. No Consideration for Improvements III. No Saving for Remainders IV. No Time given to Tenants and Possessors to Remove their Stock and Corn. V. No Provision for Protestant Widows VI. It allows only Reprisals for Original Purchase-Money which is hard to make out and is an Injury to the Second or Third Purchaser No. 24. Copies of the ORDERS for giving Possessions c. Com. Kildare
Romish Priests and Monks Writen by the Author of the former Book Entituled The Frauds of Romish Priests and Monks set forth in Eight Letters L. Annaei Flori Rerum Romanarum Epitome cum Interpretatione Notis in usum Serenissimi Delphini unà cum Indicibus copiosissimis oppidò necessariis Compendium Graecum Novi Testamenti continens ex 7959 versiculis totius Novi Testamenti tantum versiculos 1900 non tamen integros in quibus omnes universi Novi Test. voces unà cum Versione Latina inveniuntur Auctore Iohanne Leusden Editio quinta in qua non tantum Themata Graeca Voces derivatae exprimuntur sed etiam Tempora Verborum adduntur Tandem ne aliquid ubicunque desideretur in hac Novissima Editione Londinensi cuilibet Voci aut Compositae aut Derivatae Radix adjicitur propria in Tyronum gratiam De Presbyteratu Dissertatio Quadripartita Presbyteratûs sacri Origines naturam Titulum Officia Ordines ab ipsis Mundi primordiis usquè ad Catholicae Ecclesiae consummatum plantationem complectens in qua Hierarchiae Episcopalis Jus Divinum immutabile ex Auctoritate scripturarum Canonicè expositarum Ecclesiasticae Traditionis suffragiis brevitèr quidem sed luculentèr asseriter Authore Samuele Hill Diaeceseôs Bathoniensis Wellensis Presbytero Londini Typis S. Roycroft L. L. Oriental Typographi Regis Impensis R. Clavel in Coemeterio D. Pauli MDCXCI Sometime since Published for R. Clavel FOrms of Private Devotion for every day in the Week in a Method agreeable to the Liturgy with Occasional Prayers and an Office for the Holy Communion and for the Time of Sickness A Scholastical History of the Primitive and General Use of Lyturgies in the Christian Church together with an Answer to David Clarkson's late Discourse concerning Liturgies Roman Forgeries in the Councils during the first Four Centuries together with an Appendix concerning the Forgeries and Errors in the Annals of Baronius Ait idem Barclaius amitti regnum si Rex vere hostili animo in totius populi exitium feratur quod concedo confistere enim simul non possunt voluntas imparandi voluntas perdendi quare qui se hostem populi totius prositetur is eo ipso abdicat regnum Sed vix videtur id accidere posse in rege mentis compote qui uni populo imperet quod si pluribus populis imperet accidere potest ut unius populi in gratiam alterum vult preditum Idcirco enim frater carissime copiosum corpus est Sacerdotum concordiae mutuae glutino atque unitatis vinculo copulatum ut siquis eâ— collegio nostro Haeresim facere gregem Christi lacerare vastare tentaverit subveniant caeteri quasi pastores utiles misericordes qui oves dominicas in gregem colligant Cypri Ep. 67. Pamelii Socrates lib. 2. c. 22. Acts of the late pretended Irish Parliament C. 3. Pro defensione fidei prestant juramentum quod de terris suae jurisdictioni Subjectis universos haereticos ab ecclesia denotatos bona fide pro viribus exterminare studebunt Conc. Later IV. cap. 3. Concil Constantiens Sess. 45. Bull. Mart. De erroribus Johan Wickleff Declaration for Liberty of Conscience in Scotland See Appendix 28. Henry 8. cap. 13. 2. Elizab cap. 1. 10. Henry 7. cap. 13. Lord Clarendon's Speech at giving up the Sword to the Earl of Tirconnel and the Abstract of the Revenue for 1685. Appendix N. 5. 6. By what Interest and for what Design he came to be employed and at last to be made Deputy will appear from the Copy of a Letter found amongst Bishop Tyrrel's Papers his Secretary 'T is in the Appendix N. 3. Vide Ch. 2. Sect. 6. N. 2. Felix ô Neal was removed in 1689. and made a Collonel Sanders de oblig conscien praelect 9. 12. 19. Ubi tam gravis premit necessitas ut vir pius prudens non possit dubitare legislatorem ipsum si praesens esset legit sibi gratiam relaxationem concessurum liceat subditis communis utilitatis quae suprema lex est omnium legum finis rationem habere magis quam legum particulaâ—â—â—m Salus populi suprema Lex The Equity of which Maxim as it leaveth in the Law-giver a power of dispensing with the Law as he shall see it expedient to the publick Good so it leaveth in the Subject a Liberty upon just Occasions to do otherwise than the Law requires Dr. Sanderson's Judgment concerning Submission to Usurpers pag. 17. Edit Lond. 1678. Appendix N. 10. N. 7. See the Appendix for the List of Privy-Counsellors N. 9. a See Appendix N o 14. Appendix N o 14. Appendix N o 11. See Appendix Appendix See Appendix N o 15. Appendix N o 18. See the First Proclamation by the Earl of Tyrconnel Feb. 21. 1686. WHereas a late Proclamation issued forth by the Lord Lieutenant and Council of this Kingdom in December last for the Suppressing of Tories Robbers and their Harbourers in these Words following Whereas there have been of late many Burglaries and Robberies committed in several parts of this Kingdom to the ruin of some of his Majesties good Subjects and to the great disquiet of many others and it is found by experience that his Majesties Mercy that hath been heretofore extended to some Persons that have been attainted of such Crimes hath been an encouragement to others to commit the like c. Which Proclamation hath not yet met with the full effect c. See Appendix N o. 25. 'T was an ancient Law of England some say as Old as King Alfred That no King should change his Mony nor impair nor inhanse nor make any Mony but of Silver without the Assent of the Lords and all the Commons See Power of Parliaments asserted by Sir Robert Atkins p. 17. And Lord Cook Exposition of Stat. Artic super Chart. Cap. 2â— 2 Iâ—st 577. Chap. II. Sect. 4. See the Copy of a Letter to King James and Malony's Letter in the Appendix N. 4. 17. How is it possible a Parliament should be Free in all its Circumstances whilst an Enemy is in the Kingdom Append. N. 21. Appendix N. 24. See Appendix N. 23. Appendix N. 22. See the Articles in the Appendix n. 1â— See Appendix n. 28. See Dr. Walkers Siege of Derry See Appendix N. 31. See Appendix See Appendix N. 3 4. 17. 12 Eliz. Chap. 1st See the Appendix Molony's Scheme in his Letter N. 17. See the Proceedings of the Parliament of Paris upon the Pope's Bull Printed at London 1688. P. 5. Appendix N. 27. See the Petition in the Appendix N. 26. See Appendix N. 31. See Appendix N. 30. See Appendix N. 29. 1. It is unjust Reprizals It is not for the publick good Not for the King 's good It ruins the Kingdom It ruins the People in it It destroys the Publick Faith Inconvenient in point of time Loco Sigill '
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