has an Inuendo of a higher Nature than this It imports no less than that the Protestants of Ireland conquering the Irish there gives them a Title to Ireland independent on the Crown of England He places the Scene indeed in another Reign but the Application is too obvious to be mistaken I suppose none will deny but K. C. 2. at his Restauration in the year 1660. to the Crown of England had thereby a good Title to Ireland But this Author plainly insinuates as if the English Rebels who Conquer'd Ireland as he calls it under Oliver had thereby gained a Right to it for themselves and therefore makes it not a Duty but a meer Act of Generosity in them to call home K. C. 2. and says That they bestow'd Ireland upon him c. These are his words viz. The Conquerers viz. Oliver's Army joined in bringing home K. C. 2. and generously gave up themselves together with the Kingdom of Ireland without Articles or Conditions into his hands Where observe They had a Right to have kept him out and not to have admitted him without such Articles and Conditions as they thought fit And our Author does not seem to approve of their receiving him without such Articles as he does not the King 's restoring the Conquered under certain Qualifications to a part of the forfeited Lands Kings are in a good condition when all their Actions are thus to be Arraign'd by every one who can take the Boldness to call them to an Accouâ—â— and Publish their Censure of Majesty to the World The same Language is now in many of their mouths as to the present Reduction of Ireland and they grudge the Articles of Limerick and Galloway c. not considering that there is no Government but by the necessity of their Affairs may be forced sometimes to take Measures which may alarm some sort of People and if for this People have liberty to attack the Government in every Coffee-house and Cabal what Peace can be lasting tho' they should do it by such discreet Inuendo's as this Author Kings now indeed are upon their good Behaviour as this Author of late loyally expressed it on the Thirtieth of January in Christ-Church Dublin applying it to that Day to shew the glorious Change of his Principles But for a Noble stroke both for speaking at Random for Inuendo's and for weight of Argument see C. 3. S. 12. n. 21. p. 165. It is thus stil'd in the Heads of Discourse Protestants lost more in Ireland than all that favour K. J 's Cause in England are worth In the Section it self he adds Scotland too This is a Discovery the Parliament would thank him for at least Mr. Fuller I dare not ask this Author by what means he came to know more than King and Parliament or any in England pretend to to find out all the Jacobites in England and Scotland and the value of their Estates Well it must pass by Inuendo and that cannot be disprov'd But he inuendo's in the Jacobites Thoughts too as well as their Estates And I suppose says he it would put them the Jacobites out of conceit with Him K. J. or any other King there he handsomly brings in K. W. and shews the Opinion as he believes of the Williamites at least you may conclude it is his own that should take away but one half of their Estates from them There the Government has the stint of his Obedience But has not this Author's Intelligence brought him the News yet of the Deprivation of the Archbishop of Canterbury and other English Bishops and Clergy with a greater Number in Scotland who have lost the whole of their Estates and it is believed would lay down their Lives too for what they think to be their Duty to their King And there are many Lay-Jacobites as resolute even as they Did this Author never hear that Mr. Ashton suffered Death and would not own this to be a Fault And that the Bishops of Chichester and Worcester asserted it upon their Death-beds and that they would have gone to the Stake rather than have forsaken their Passive Obedience or taken the present Oaths How is it possible that a Man so well read as the Author in the Primitive Persecutions should think losing but half ones Estate so mighty a Matter in asserting the Principles of our Religion But these things we can better hear than where he would impose upon us such Incredible Stories as would not pass at a Country Wake Incredible Matters of Fact Such is that c. 2. s 8. n. 4. p. 33. where he gives us such an Idea of the Wild Irish as he that said he had seen some of them so tame that they would eat Meat out of his hand He says that it seemed an unreasonable Hardship to those of them who were Landlords That they should be called to an account for killing or robbing their Tenants or ravishing their Daughters I confess this so startled me from an Author of his Gravity and living in that Country that it put me upon the Curiosity of enquiring of some Gentlemen of that Country who told me it was just as true as their having Hair upon their Teeth That there were ill Men among them and Murthers and Rapes have been committed as in other places but that they were so savage and ignorant at this time of day as not to expect to be called to an account for such horrible Crimes is an Assertion that astonishes every body that hears of it If he means that in the time of this War such Crimes went unpunished others have the same to say Witness Dr. Gorge's Letter But the Author 's Topick in this place is not of the time of the War but of the manner of these People before so that it is an egregious Imposition upon our English Understandings to think to pass this upon us It is almost as strange as this what he tells c. 3. s 11. n. 8. p. 138. That Colonel Luttrel Governor of Dublin condemned Mr. Piercy a Merchant to be hanged for saying very calmly That he was not willing to part with his Goods if he could help it And as strange that Mr. Piercy should escape because the Governour could not find any of the Provoes If you can hardly believe that Mr. Piercy should be condemned for speaking such innocent words and that very calmly you will be no Proselyte to this Author who as confidently and with as little Voucher that is none at all tells in the same place That Mr. Bell a Protestant Merchant was confined to close Prison and no body allowed to speak to him for I would have the Reader guess the Crime less if it could be than that of Mr. Piercy It was without any Crime so much as alledged against him says our Author We say It is easie to find a Stick to beat a Dog Were the Protestants so Loyal to K. J. or the Irish so dull that they could make no pretence of a Fault when
That Principle is the Constitution of the Government and consequently they are the Men that break the Constitution of the Government who Declare or Act against that Principle And as for the Liberties and Privileges of the Kingdom no doubt the Wisdom of the Kingdom in Parliament thought their Liberties and Privileges better preserved by that Principle than by the contrary of letting the People take Arms against the Government when-ever they thought themselves agrieved They had experience of both and we must believe they consider'd the Matter very well And that it ought not to be shaken by the Authority of this Author who is so young in this Opinion that he knows not by which handle to take it at least he will not let us know For he tells us not his Scheme of Government nor pitches upon any of those which are already set up by those of his New Party Several Schemes of Government Of which some lay the Foundation of all Government upon the Municipal Laws of the Land so that if a King goes about to break the Laws he thereby forfeits his Crown c. Others think That Laws which are the Result of Government cannot be the Foundation of Government However that it is not to be alleg'd in a Country where the Law it self makes it unlawful to Resist the King Which Dr. Tillotson has materially urg'd in his Letter to my Lord Russel See the Appendix n. 14. Others therefore fly higher to Original Contract which is suppos'd to be prior to all Municipal Laws and on which all Laws must depend But others again think this Plea to be too precarious and that it cannot be sufficiently prov'd And therefore they chuse another sort of a way which they call Abdication Which some think as perplex'd as any of the rest even in the present Case Lastly there is a wiser Set who think it most convenient to be always on the stronger Side and therefore they cry up Success as a Divine Right They have only one point of Prudence to observe not to Turn too soon least they mistake Providence Now this Author comes last and like a Man a Drowning he catches at some or all of these but holds by none They are too slippery and fly from him it must be part of the one and part of t'other that will serve this Hypothesis and therefore he does wisely not to pitch upon any one But yet without pitching upon some one and forsaking all other sticking close by it he can never demonstrate the Truth nor speak consistently with himself However we must follow him as he pleases to lead us though he fights in Clouds of Dust that it is not easy to find him out You have seen his Principles as to Government which he hides in Generals But it is plain they are Antii-monarchical though we cannot tell exactly the Glass to which they belong But what proof he offers for them is in his Introduction wherein he pretends to prove That a King who designs to destroy a People Abdicates the Government of them Thence c. 2. and 3. his business is to shew That King James had that Design Ergo But c. 1. he goes a little aside and undertakes this Subject viz. That it is Lawful for one Prince to interpose between another Prince and his Subjects The Case of one Prince interposing betwixt another Prince and his Subjects when he uses them Cruelly I do not meddle with this Chapter for two Reasons First It is undertaken by another hand Secondly My business is with the Duty of Subjects in which only they are Concern'd for whose benefit I write But I will give you this General Notion of it That by the Arguments he advances it is Lawful not only for every Prince but for every Neighbour to inspect into his Neighbour's Family and to dispossess him of his House of his Estate of his Tenants Servants Children of his Wife when he uses them Cruelly And this Charitable Interposer shall seize upon them all for himself on pretence of using them better He gives Examples of several Princes who have thus interposed 'twixt their Neighbour Kings and their Subjects and so he might many more the World is full of such Examples and of many other Examples which perhaps this Another won'd be a sham'd to justify But suppose that good Kings who have been so reputed have done this What then May not good Men have their Failings I do not think that David's Decision 'twixt Ziba and Miphihosheth would be a good Rule for future Justice Though our Author has not truly represented all the Instances that he produces which will be shewn But if they were true it is no Angument I shall only mind our Author of his own Words which I will have occasion to mention hereafter viz. That it is a most Unlawful Thing for any to call in a Foreign Force or erect a new Government to Redness unjust Laws And again That it is Intolerable for the Members of any State to flee to Foreign Succors out of Pretence that their own Governours have made Laws against Reason Conscience and Justice and Foolish to alledge in their defence That all Mankind is of one Blood and bound to help one another I leave our Author to Recant this or Reconcile it at his Leasure to this first Chapter of his Book Which because I do not expresly Undertake I will pass for this time and return to his Principles of Subjection to Government which is my present Task The Author's defence of his Principles Let us now come to examine the Defence he makes for these his Principles First We will consider his Arguments Secondly His Quotations and Authorities The Point he is to prove we will take in his own Words n. 1. of the Introduction viz. That a King who designs to destroy his People Abdicates the Government of them And here as to his Reasons or Arguments to prove this From Reason he disappoints us For his whole Introduction wherein he undertakes the Proof of this is nothing but Quotations which we are to examine by themselves But he tells us not his own Opinion you shall not fasten upon him He begins It is granted by some and I might answer What is not granted by some He is afraid at his first setting out N. 1. he has one Quotation out of Grotius and another out of Hammord N. 2. one out of Dr. Hicks and another out of Faulkner N. 3. he Quotes the Homilies and Dr. Hicks again And then N. 4. which is the last concludes from their Authorities All which is to be consider'd when we come to the second Class I have design'd to speak to that is his Quotations But for his Reasons he puts us to the pains to gather them by an innuendo viz. That what he Quotes out of others is his own Opinion Therefore laying aside his Authorities to their proper Place we will examine the Reasons which are produc'd Thus then he sets forth
Passive Obedience from Reason and Scripture reach only Cases where the Mischief is Particular or Tolerable But this gives us no surer Marks than we had before For what does he mean by Tolerable Tolerable If it be as much as a Man can bear No Passive-Obedience-man can stretch it higher Since no Man can bear more than he can Therefore he must mean what a Man can bear Easily or till he begins to think the Burthen to be Intolerable that is Hard to be born and then you may be sure he will not let it grow too heavy for him And no Rebel in the World can desire a greater Latitude than this For whenever he says he is hurt or has a mind to bear no more then no more Passive Obedience Thus much for the Word Tolerable Now for the other Qualification Universal viz. Particular that is as he explains it p. 3. when the Mischief is not Universal Universal may be either as to its Tendency that is where a Mischief done to a particular Person may be a Precedent to have the like done to another and another and so till it comes to be Universal And in this Sense our Author will not allow that any Mischief from a Government can be particular If the King take one Man's Life or Property from him contrary to Law this will not be call'd a particular Case but the Case of the whole Kingdom Thus Mr. Hambden contested his Assessment which was about 20 Shillings and brought on the whole Case of Ship-money which embroil'd the Reign of King Charles the First Magdalen-College was not thought a particular Case and did no small Service against King James 2. In short all Mischief is done to some Particulars and Universal is but many Particulars Therefore what is done to one may be inferred to the rest and in this Sense no Mischief can be Particular Will this Author say that the Business of Glenco n. 19. Appendix was only a particular Mischief On the other hand if by an universal Mischief you mean where the Mischief does not only in its Tendency but Actually assect the Universal that is the whole People In this Sense it is not Universal if any part of the People be Excepted And then according to our Author 's own Rules Passive Obedience takes place in all Cases except where the Government designs the Destruction of the whole People that is as Grotius has explain'd it where the Governors are all suppos'd to be mad Which has been spoke to already But not to take any Advantage of this for no King not Nebuchadnezzar was ever so mad as to design the Destruction of a part of his People Then the Question will be Whether it be greater Destruction to the People to run the hazard of this under the Protection of God while in Obedience to his Commands rather than to raise a Civil War to Remedy this And our Author seems to answer this n. 4. of his Introduction which bears this Title A War not always a greater Evil than Suffering Observe here the Modesty and withal the Cunning of our Author He calls it a War which is a general Word and therefore may lead you off the Question which is not at all concerning Lawful War as that may be betwixt Independent Princes But concerning Subjects Levying War against the King or the Government under which they Live which therefore is called Rebellion And it is of this only that our Question proceeds viz. Whether This or Suffering be the greatest Evil And our Author says It is not always a greaâ—er Evil than Suffering This was Cautious indeed It is not always so But what if it be so for the most part Is it therefore to be Chosen This or nothing is our Author's meaning He begins this n. 4. p. 5. thus If then in some Cases the Mischiefs of submitting may be worse than a War which is begging the Question and point blank contrary to the Law of the Land and which this Author has often subscribed viz. That such a War of Subjects taking Arms against the King is not Lawful upon any Pretence whatsoever Which if it be true then our Author's in some Cases is but a Deceit For the Law allows of no such Cases nor any Pretence whatever to take Arms against the King One would think it pretty hard for our Author to get over this A Passage out of Faulkner misapply'd He attempts it but faintly c. 1. n. 8. p. 10. where he says That this may not seem a new Doctrine I would have the Reader observe that I only transcribe the learned Faulkner c. Why Who said it was a new Doctrine Was that the Question No doubt many have and do hold it In the next place suppose you do transcribe Faulkner will that excuse you You will not stand by all that Faulkner says in that Book for you know no Man is more opposite to your now Opinion if it be your Opinion Why then do you Quote one part of him if you will not believe another For either he must contradict himself and then his Authority cannot be great either way or else you lay no value upon his Judgment while you plainly dispute against his Notion of Passive Obedience which you cannot deny and is visible to every one that reads his Book and I will shew you presently when I come to examine his Quotations more at large But our Author has pick'd up this Sentence out of him And though all the Words our Author quotes are in Faulkner's Christian Loyalty l. 2. c. 5. l. 2. n. 19. yet I must charge him with a false Quotation for he leaves out such Words as plainly shew that Faulkner does not set this down as his own Opinion but only to follow upon a Supposition which he Quotes out of Grotius but does not say that he approves of it Grotius thinks says he that ultimo Necessitatis presidio such defence is not to be condemned And if this be true says Faulkner it must be upon this Ground that such Attempts of Ruining do ipso facto include a disclaiming the Governing of those Persons as Subjects and consequently of being their Prince or King And then the Expressions of our publick Declaration and Acknowledgment would still be secured that it is not Lawful upon any Pretence whatsoever to take Arms against the King Thus Faulkner as our Author quotes him and all he says is that upon the Supposition of a King disclaiming the Government and consequently ceasing to be King then though we do take Arms against him we do not break the abovesaid Declaration of not taking Arms against the King because then he is no King For a King that disclaims the Government is no longer King and says Faulkner if Grotius's Position be true it must be upon this Ground But he does not say that Grotius's Supposition is true On the contrary in the very next Words as if it were confuting this Opinion of Grotius he
to destroy one main part of his Subjects in favour of another whom he loves better and of submitting only to tolerable Evils c. which you have heard already 1. The Jews in Egypt The first Instance I give is that of the Jews in Egypt they were about the same time under Egypt that Ireland has been under England that is 'twixt four and five hundred years but with this difference that the English came into Ireland by Conquest whereas Israel was invited into Egypt by their King and it was but a due return of Gratitude from him for Joseph had miraculously saved Egypt from the common Destruction which befell the Nations about and made it the Granery of the World and the richest Nation upon the Earth at that time The Jews were a different People from the Egyptians as the Irish from the English of different Manners Religion Interest They did not live mixed with the Egyptians nor under their Laws as the Irish do with the English but had the Land of Goshen assigned them peculiar to themselves They lived more like an Independent People than the Irish yet they suffered the greatest Oppression from their King that ever was in the World His Design to ruin them was apparent destroying their very Children and they had given no manner of Cause or Provocation on their side They durst not offer Sacrifices to the Lord without apparent danger of being ston'd to death so that they were oppressed most Tyrannically in their Religion as well as their Persons which were condemned to the Brick-kills They were able to have delivered themselves Exod. 12.37 being an Army of Six hundred thousand Men besides Children and a great mix'd Multitude And though God himself sent Moses to deliver them from that Servitude yet it is the peculiar Observation of the whole Convocation of the Church of England and they say it is not to be omitted but that we take notice of it That God would not suffer Moses to carry the Jews out of Egypt till Pharaoh their King gave them leave to depart Afterwards also when the Jews being brought into subjection to the Kings of Babylon did 2. In Babylon by the Instigation of false Prophets Rebel against them they were in that respect condemn'd by the Prophet Jeremy and in all their Captivity which shortly after followed they lived by the Direction of the said Prophet in great subjection and obedience they prayed not only for their Kings and their Children that they might live long and prosper but likewise for the State of their Government the good Success whereof they were bound to seek and regard as well as any other of the Kings most dutiful Subjects and thus they lived in Babylon and other Places of that Dominion till the King gave them leave to depart notwithstanding in the mean time they endured many Calamities and were destitute for many Years of the Publick Worship and Service of God which was ty'd to the Temple and might not elsewhere be practised or attempted Thus Bishop Overal's Convocation-Book c. 28. p. 58. These Jews were finally Destroy'd their Temple Burn'd 3. Under the Romans and City Razed by the Romans and those that escaped of them dispers'd over the face of the Earth in Slavery and Servitude like a cursed Generation and all this fell upon them the same Convocation Book teaches us c. 33. p. 77. not only for their obstinacy against Christ and Crucifying of him but that the immediate and apparent Cause of it was their obstinate Rebellion against the Emperors of Rome their then Lawful Governors This History of the Jews from their Servitude in Egypt to their Destruction by the Romans will in every Circumstance more than over-ballance the parallel of the Irish Nation under the English You see how God blessed the Jews protected and delivered them when they submitted to their Lawful Princes who designed attempted and almost effected their Destruction and Extirpation And on the other hand with what Fury poured out he visited their Rebellion against their Lawful Governors though for the Preservation of their Religion Liberty Property and their very Lives 4. Under Ahasuerus Who does not know the utter Extirpation and Massacre of the Jewish Nation not only design'd but expresly ordered by Ahasuerus And that the Jews would not take Arms in their own Defence till they had the King's Letters and Commission wherein the King granted the Jews to gather themselves together and to stand for their Life Eith 8.11 And the Glorious Effect of this for the Advantage of the Jews every one has read 5. The Gibeonites I might instance here too the Case of the Gibeonites whom Saul sought to destroy after their being 400 Years under the Government of the Jews or Incorporated into one People with them as the Irish are with the English in Ireland And their Case was exactly what the Author puts viz. of a King 's designing to destroy one People under his Government in favour of another whom he loves better for the Text tells us 1 Sam. 21.22 That Saul sought to slay the Gibeonites in his zeal to the Children of Israel and Judah and that he consumed them and devised against them Ver. 5. that they should be destroyed from remaining in any of the Coasts of Israel 6. Our Saviur Christ But to come down to Christianity Christ came with a Commission to form a Society called after his own Name distinct and Independent from all other Societies and Governments in the World Of different Religion Manners and Interest Living under different Rules and Governors Primitive Christians Assoon as they appeared all Kings and Governors fell upon them to root them off from the face of the Earth and Persecuted them with all the Violence and Rage that Hell could suggest and Slaughtered them in Multitudes in most Barbarous and Savage manner Now what were these Christians to do to preserve themselves Were they to take Arms against their Governors who thus apparently sought their Ruin in favour of other of their Subjects whom they loved better No They were totally barr'd from that and if any so so much as sought to save his Life by such means he should not only lose it here but his Soul hereafter Damnation was preached to those who Resisted their Lawful Governors Did they judge with our Author that their Persecuting Kings had Abdicated the Government of those whom they design'd to destroy No they were taught to own them as God's Representatives Rom. 13.1 5. 1 Pet. 2.18 20 23. his Deputies and Ministers and as such to obey them with all Reverence not only for Wrath but also for Conscience sake and that not only to the Good and Gentle but even those who Persecuted them for Well-doing And they were to take it patiently without Reviling or Threatning And this was not for want of Power to do otherwise it is in any Man's Power to Revile and Threaten but for Conscience sake
2. The Enemy finding us possess'd of one Province since the passing the Act and finding much of the other three Provinces made waste by their Order and that by the frequent returns of their Brass and Pewter Money a great inland Trade is increased they have by publick Proclamation ordered 20000 l. more to be assess'd on the Trading part of the Nation according to their respective Trades both which are presum'd cannot yield less than 30000 l. per mensem de claro which is per annum 360000 l. 3. They have bought on the King's Account all the Wool at 6s per Stone Tallow at 15 l. per Tun Beef Tallow Hides c. which they intend to send for France to buy Arms and Ammunition c. which they esteem may be worth at least 200000 l. the Wool License at 4 d. per Stone to transport it only for England was usually worth to the chief Governors 4 or 5000 l. per annum 4. It is reported they have agreed with persons who are obliged to Coin them this year 150000 l. Brass and Pewter Money 5. The Rent of Church Lands and Absentees Estates besides their Goods and Stocks are estimated at least to be 150000 l. per annum the truth of this will appear by the aforesaid Books given in to the Committee of Parliament 6. The King 's standing Revenue of Rents Hearths Custom-Excise and casual Revenue cannot be less than a 150000 l. more Memorandum That all the aforesaid particulars amount to 860000 l. out of which deduced the 797000 l. there will remain 73000 l. besides what helps may be given him by France c. and the addition that may be made by their Coining Brass and Pewter Money above the aforesaid contract which Brass and Pewter Coin being not fit to be kept quickens returns and encreaseth their Trade By all which it appears that the Enemy cannot want currant Coin to support the War But had we Ships of War lying by in their Harbour to prevent their Exportations and were Dublin sesured their Trade and Revenue would soon be lessened But if they are suffered to Export their vast quantity of Goods they have now stored up in their Ports it may not only give a farther encrease to their Revenue but occasion a longer continuance of the War especially having made the establishment of their Army so low and the currant value of their Brass Coin so high Their Brass and Pewter Coin is of equal weight with our Silver Coin which being usually bought for 12 d. per pound is of equal value with our Silver which is 3 l. per pound and their establishment being a moity short of ours 't is demonstrable that six Penny worth of their Brass or Pewter Money shall pay double as many Soldiers as 3 l. of our Silver Coin What advantage this Money gives their Trade what case in the pay of the Army and supplying them with Provision is very demonstrable yet 't is as strange as true that notwithstanding they are better Paid better Disciplin'd than our Army yet hitherto we may set up an Ebenezar and say that God hath hitherto sought for us and that by the seeming worse Discipline worse Mounted and worse of our whole Army I mean by our Eneskillen and London-dery Forces whose Moral and Religious Principles you know are little better but generally worse than theirs they having constantly beat their most choice and detached Parties with a confused and disordered Rabble when they were not half the number of their Enemies and have struck them with that terror that 't is believed notwithstanding their great Number and Provision for their support the Enemy intends this Summer only a defensive War and to fight only by Detachments But that which to me seems most strange yet is true that notwithstanding all the Violence Oppression and Wrong done by these and other of our Army on the Impoverished Oppressed and Plunder'd Protestant Inhabitants of this Province and the little encouragement and great discouragement they have had from us yet you know what I esteem as a great presage of future good they continue and remain as firm and faithful to us as the Irish Papists against us How frequently do we hear them tell us that though we continue to injure them rob and destroy them yet they must trust in us and be true and faithful to us We have just now Intelligence of the arrival of the French Succours and vast stores of Arms and Provisions Oh Sir Where 's our Fleet Did they want early notice of their approach What Lethargy attends them and what Judgment us that the Irish have had as secure passage from Dublin to France Scotland and England as if we had not one Man of War to hinder them or secure us If the French Fleet carry off as vast quantities of our Native Goods as they have brought in their Foreign Succors Ichabod may be wrote on our future proceedings it being believed by some and confidently reported by others lately come from Dublin that they were apprehending the chief Protestants in and about that City to transport and make them Prisoners and Slaves of France Let me know the receipt of this Voluminous Letter and the use you make of it You may pardon the tediousness of this Letter which if an offence is not like to be hastily repeated Your True Friend And Faithful Servant Rob. Gorge Numb 3. Mr. Osborne's Letter to my Lord Massereen Loghbrickland March 9. 1688. My Lord ON the 6th Instant I was introduced by my Lord Granard into my Lord Deputy's Presence in the Castle of Dublin I have his Pass to come and go through and back from Vlster and though I have not his Excellency's direct Commission yet I will assure you I am at least permitted by the Lord Deputy to acquaint the Chief and others of those of the Vlster Association with his Discourse to me which was to the effect following to wit First That his Excellency doth not delight in the Blood and Devastation of the said Province but however highly resents their taking and continuing in Arms the affronts done by them to his Majesty's Government thereby and by some Indignities done to the late Proclamation of Clemency Issued and Dated Secondly Notwithstanding whereof is willing to receive the said Province into Protection provided they immediately deliver up to his Army for his Majesty's use their Arms and serviceable Horses and provided they deliver up to his Excellency these three Persons viz. if they remain in the Kingdom and may be had Thirdly And for farther manifestation of his design to prevent Blood is willing to grant safe Conduct even to the said three Persons or any other of their Party to and from his Excellency and to and from Leiutenant General Hamilton Commander of part of his Army hereafter mentioned if they intend any peaceable and reasonable Treaty But withall will not upon the said account or any other stop the march of the said part of his Army
of his Majesty's Letters thereunto annexed in favor of the Right Honorable Jennico Ld. Viscount Gormanstowne and James Ld. Viscount Ikerin concerning the Reversion of the Outlawries against their Ancestors and having advised with the rest of his Majesty's Counsel at Law in this Kingdom we humbly offer to your Excellency's Consideration That some time after his late Majesty's happy Restauration we find several Applications were made for the allowing of Writs of Error to be issued in order to the Reversion of Outlawries in High Treason and Attainders upon Account of the late Rebellion which being referred to his Majesty 's then Judges in this Kingdom there were several Debates then had before them whether such Outlawries could be reversed by reason of the Statute made in the 27th Year of Queen Elizabeth in this Kingdom for the Attainder of James Eustace late Viscount Baltinglass and others therein mentioned who had been lawfully and by due course of Law outlawed and attained of Treason and the Statute confirms those Outlawries and Attainders which were past any Error Insufficiency or other Defect in form or Matter in them to the contrary notwithstanding and farther enacts for the time to come that every offender thereafter being lawfully convict of Treason by Verdict or Process of Outlawry according to the due course of the Common Laws or Statutes of this Realm should forfeit all his Lands of any Estate of Inheritance and that every such Attainder according to the course of the common Laws and Statutes of this Realm should be of the same force as if it had been by Act of Parliament and by reason also that since the making of that Statute they did not find that any Outlawry or Attainder for Treason in this Kingdom had been reversed by Writ of Error especially after the death of the Party outlawed and his Lands granted from the Crown to others Whereupon the said Judges having then heard Counsel on both sides did not come to any Resolution or was any thing farther done upon those Applications We do therefore offer to your Excellencies Consideration that many of his Majesty's Subjects in England and in this Kingdom have at this time in their Possession the Lands of divers old Proprietors who in the Year 1641. and after were outlawed for Treason which Lands have been granted to them by Letters Patents upon the late Settlement of this Kingdom some of whose Titles may be weakened or prejudiced as we humbly conceive by the Reversal of such Outlawries and some parts of these two Lords Estates are now as appears by the Petition of Captain Daniel Gahan Sir William Petty and Samuel Green Esq which your Excellency hath referred unto us in their possessions who hold the same by Letters Patents from his Majesty and have thereupon humbly Petitioned your Excellency to take their Case into your Excellency's Consideration That as to such Lands as these two Lords or the Heirs of such other persons who have been so outlawed are in possession of or have been restored unto by virtue of the late Acts of Settlement they are not as we conceive disabled or any ways hindred by such Outlawries from enjoying the same Neither do we conceive that there would be any Inconvenience in restoring these two noble Lords who do well deserve his Majesty's Grace and Favour to their Blood and Honours with a Proviso that they should not thereby be entituled to any Lands out of their Possession which have been granted by Letters Patents to others as might be done by Act of Parliament but upon the reversal of any Outlawries by Writs of Error there can be no restriction in the Judgment which must by Law be general that they shall be restored to whatsoever they lost by reason of such Outlawries But whether upon the whole Matter your Excellency will think fit to issue such Warrants forthwith in order to the reversal of the said Outlawries as by his Majesty's said Letters are directed on behalf the said Lords Viscounts Gormanstowne and Ikerin or will forbear the same till his Majesty's Pleasure herein shall be farther known is humbly submitted to your Excellency's Consideration June 29. 1686. William Domvile Jo. Temple The Extract of my Ld. Clarendon's Letter to the E. of Sunderland July 6. 1686. of so much as relates to the Matter of the Outlawries My Lord AS soon as I had the King's Letters permitting the Lords Gormanstowne and Ikerin to reverse the Outlawries of their Ancestors I acquainted my Lord Chancellour and Mr. Attorney therewith But the Noise of this matter was come before the Letter for some time before Caveats were entered against the granting any such Writs of Reversal by three Persons who by virtue of the Acts of Settlement are in Possession of some Lands the ancient propriety of those Lords I referred the Matter to Mr. Attourney and Mr. Sollicitour for I could doe no less requiring them to call to their Assistence the rest of the King 's learned Counsel several of whom are Roman Catholicks and to report their opinions to me which they have done and I herewith transmit their Report to your Lordship which I beseech you to lay before his Majesty it is a thing of very great Consequence and deserves the most serious Consideration Numb 21. King James his Speech to the Lord Mayor c. upon his quitting of Dublin soon after the Action at the Boyne the 2d of July 1690. Gentlemen I Find all things at present run against Me. In England I had an Army consisting of Men stout and brave enough which would have fought but they proved false and deserted me Here I had an Army that was loyal enough but that they wanted true Courage to stand by me at the critical Minute Gentlemen I am now a second time necessitated to provide for my own Safety and seeing I am now no longer able to to protect you and the rest of my good Subjects the Inhabitants of this City I advise you all to make the best terms you can for your selves and likewise for my menial Servants in regard that I shall now have no occasion to keep such a Court as I have done I desire you all to be kind to the Protestant Inhabitants and not to injure them or this City for though I at present quit it yet I do not quit my Interest in it Numb 22. To the King 's most Excellent Majesty the humble Address of the Lord Mayor Aldermen and Sheriffs of the City and Liberty of Dublin in behalf of themselves and others the Protestant Freemen and Inhabitants thereof THus long great Sir our unparallel'd late Deliverance wrought by the hand of God the first Mover the principal Author of all our Good hath hitherto most justly employed all the Faculties of our Souls in the profound Contemplation of his mysterious and unbounded Providence receiving from us the slender Reward but necessary Sacrifice of our hearty Praise and Thanks but now to you great Sir the next recollected Thought with