had this besides the Kings meer Favour to offer for themselves That they had been very Early in appearing for His Return That they had without Conditions delivered the Kingdom into His Hands That some of them had adventured their Money others their Lives to obtain the Possession which they so readily without any Capitulation submitted to His Will The Adventurers also by Four Acts of Parliament made in England 17 Car. I. yet in Force had a Just Right to a considerable Satisfaction upon these Laws They had Advanced at least 300000 l. yet have in their Possession but a small part of what was intended them for had the Acts of the English Parliament been pursued and they not obliged to a Retrenchment of a Third Part of their Debt to the Payment of a Years Value to the chargable passing of Courts of Claimes and Letters Patents to none of which they were subject by these Laws their satisfaction had been four times as great as now it is It hath been Objected by some That part of the Money Adventured was mis-imploy'd by those in Arms against the King in England To which may be truly Answered That vast Sums of Money much more than 300000 l. Adventured had been sent out of England towards the stopping of the Rebellion even before the Cessation and that the Adventurers could not call the then Parliament of England to Account how they then disposed of their Moneys the King having left the Mannagement of the War of Ireland to Them by the Act of the 17 Car. I. 'T is further apparent That the earnest endeavours of King Charles the First to suppress the Rebellion was that which gave most Encouragement to persons who adventured their Money from this That after his leaving the Parliament nothing considerable could be Levied upon this Pretence though much more favourable Conditions were offered Others except against the Adventurers satisfaction as not set out pursuant to the English Acts to which may be returned That none Suffered by that but themselves for by these Acts they were to have had Boggs Woods and Barren Mountains cast into the Measurement The Quit-Rent to have been paid to the King was not to have been near so much as now it is They were to have had more Acres by a Third part than now they enjoy every Adventurer upon drawing his Lott should without Claim Letters Patents Payment of a Years Value or any other Charges have been Seized by virtue of an Act of Parliament of his Proportion which if it consisted of 1000 Acres or more it might have been erected by him into a Manner with extraordinary Priviledges They had a Just Right and there was no other way to come by it Certainly there was as much reason to conâ—irm This as any Judicial Proceedings in the Vsurpers Government And the King and Parliament in the Act of Oblivion that Passed in 1660 are of this Opinion for there they declare That that Act shall not enure to restore to any Person except the Marquess of Ormond and the Proteâ—tants of Ireland c. any Estate in Ireland disposed of by both or either House of Parliament or any Convention c. or any Person deriving Authority from them There are others of the British that have had satisfaction by these Laws The Military Officers that had faithfully Served the King in that Kingdom before the 5th of June 1649 the Persons against whose Loyalty there could be no Objection many of them left their Wives and Families in a Miserable Condition that they might go into England to the Assistance of King Charles the First where several of them lost their Lives in His Service and the rest upon all occasions appeared for the Royal Interest and never received any Satisfaction in Lands or Money until King Charles the Second of his own Justice and Bounty gave it them by the Act of Settlement These Men were sifted with the greatest Care and all excluded that had Betray'd any Towns in Munster or done any Service to the Usurper Having now shewn that there was a Rebellion in Ireland by which much Land was Forfeited which was disposed at the Kings Pleasure and that the Persons that were in Possession of the Forfeited Lands at the Restauration of King Charles the Second had fair pretences to have grants of the Kings Tythe In the next place I should Prove that the Acts of Settlement by which part of these Forfeited Lands were passed to Adventurers Souldiers and others of the English Nation are for so much as concerns these new Interests agreeable to the rules of Justice But first It will be necessary to Answer an Objection they Stated Suppose Say the Advocates for the Forfeiting Irish there were such a Rebellion as is Pretended Yet thes Confederate Catholicks in the Year 1643 made a Cessation with King Charles the First which in 1646 was turned into a Peace and that followed by another Peace in 1648 Concluded the 17 of January by the Duke of Ormond by which Article the 18th the King Promiseth that an Act of Oblivion should Pass in the next Irish Parliament to extend to all Persons Before In or since the 14th of October 1641. By this Article they say the King being obliged to Pardon them the Rebellion could not justly dispose of their Lands as Forefeited To this take this following Answer 'T is Apparent that the Articles of the Cessation were not kept by they Confederates they never Paying the 30800 l. nor sending the Succors they were to give his Majesty according to Agreement The Peace in 1646 was so far from being comply'd with that these Confederate Catholicks soon call'd a General Assembly that disowned it Imprisoning their own Commissioners that made it and sent an Army under Owen Roe o Neile and Preston to Attempt Dublin for clearing of which Particular I shall refer to the Memoires of James Earl of Castle haven Sect. 6th and this further cannot but be taken Notice of That that noble Earl acknowledges himself the only Person of the Confederates that never left the Duke of Ormond in those Adventures and gave him his Advice for giving up Dublin c. to the English Parliament Induced by this Consideration that if the Nuncio and his Party should have Ireland it might remain seperate from England for ever That many of the Confederate Roman Catholicks broke the Articles of Peace made in 1648 will appear by a Declaration of the Confederate Irish Army dated from James Town the 12th of August 1650 Printed in the Year 1674 in a Book Intituled The History of the Loyal Formulary c. written by Mr. Peter Walsh by which they absolutely disown the Kings Authority and Excommunicate all that adhere to it which wrought so with those of their Religion that many of them cannot be pretended to have continued stanch But the Objectors will still say There have been some Persons and some Corporations that never broke those Articles and with what Justice can they be denyed
they had most part of the Kingdom in their hands and a standing Army of 15700 Horse and Foot of their Confederates God grant their Designs be not the same in this present conjuncture The Legality of the Acts of Settlement are not doubted at least-wise the British are satisfied to rest on them By their Objections they declare They intend their Repeal and yet five Parts of six of the Free-holders and the Major part by much of the Corporations in that Kingdom consist of Persons concerned that the present Settlement should continue as it is so that it is impossible for them unless the Kingdom be in such a condition as it was when they made those Articles to have such a Parliament as will answer their Designs English Roman Catholicks have been of another Temper The Statutes made in H. the Eighths Days whereby Church and Abby-Lands were given to the Crown cannot but be esteemed by every Roman Catholick to be more against the Rules of Justice than those Acts of Settlement they are point blank against the Canons of the Roman Church no general Guilt was cast upon the Proprietors no Innocents escaped The Lands were certainly designed for Pious and Charitable Uses and yet the Parliament in Queen Maries Days had such a regard to the Peace of the Kingdom to Purchasers for valuable Considerations and to Laws formerly Enacted that the Statutes for Dissolution of Religious Houses c. tho' but lately made were confirmed at that Session As Purchasers had no reason to question the Legality of these Acts of Settlement so likewise was there no cause to doubt its Equity when the Forfeiting Persons themselves to those that claimed by the King's Letters or as Nominees or by Proviso's c. in the Acts were contented to take part of their Estates of Lands Forfeited by the Rebellion and disposed of to them by those Acts so waving their former Titles several Forfeiting Persons who had the Land of their Country-men in Connaught given them by the Usurper kept those Lands to their own use and have since passed Letters Pattents for them as Forfeited by the late Rebellion without any Companction whatsoever Lastly His late Majesty was pleased to take very great Summs of Money from the British Patentees for their Confirmation and His Sacred Majesty that now is hath ever since the Year 1662. received the Profits of a considerable part of the Forfeited Lands which who could have imagin'd they would have done had they not thought those Lands might be enjoyed with a safe Conscience It is further considerable That to destroy the Settlement at this Time would Ruine multitudes of Families both in Corporations and the Country that depends upon it some of which consists of Souldiers sent thither since King Charles the Second's Restauration settled there tho' now Disbanded others in great numbers have been brought over by the encouragement of an Act of Parliament made the 14th of Charles the Second and several Orders of Council grounded on that Law Certainly it would be a breach of Faith and common Humanity to undo those who have done nothing to deserve so severe a Punishment It is now time to make some Reflections on the Coventry Letter and Pamphlet Intituled The Sale and Settlement of Ireland And first for the Coventry Letter The design of it seems to be to advise against the Issuing any Proclamation to declare That the King had no Intention to touch the Acts of Settlement but would confirm them Many Politick Arguments are used in it which lye not in my way But if His Majesty had been pleased to have declared His Intention Not to break the Act of Settlement it would have given great satisfaction to most of His British Subjects who tho' they do not mistrust His Justice yet cannot but be much Disquieted by the frequent Threats they receive from those that pretend to their Estates the unreasonable and false grounded Objections of others against those Acts. Neither had such Proclamation been without President for January 24. 1672. a Proclamation Issued by which King Charles the Second to take off a Malitious Suggestion diffused amongst His Subjects in Ireland That he did desire to weaken the Acts of Settlement doth declare That it never entred into His Heart either by His late Commission for Inspection or by any Indulgence granted to His Roman Catholick Subjects to live in Corporations any-wise to Infringe the said Acts. The Gentleman 's chief Arguments are against His Majesty's declaring any Intention to confirm those Acts which he Insinuates would be against Justice and Religion Indeed I believe had His Majesty declared Not to suffer the Acts to be broken most Men would not have desired any Promise of Confirmation for they now think their Estates as fully secured to them as Laws can do it However His Majesty in His several Declarations for Liberty of Conscience in England and Scotland hath promised to maintain His Subjects in the Possession of Church and Abby-Lands and yet it is possible this Gentleman might use some of his Argumenns against those Titles The Gentleman layeth down for a Principle That nothing can support the Catholick Religion in Ireland but to make the Catholicks there considerable in their Fortunes as they are in their Numbers which must be the only Inducement can prevail with a Protestant Successor to allow them a Toleration as to their Religion and a Protection to their Estates and that their having all Imployments cannot prevent this danger This must be acknowledged to be a terrible consideration to the British in Ireland That nothing can make the Roman Catholick Religion considerable but breaking the Settlement and giving the Irish the Lands the British now lawfully enjoy But I have a much better Opinion of that Religion and am confident That many who profess it are not of this Gentleman's Mind We see there are some Men that will not easily be satisfied Favour Imployments nor Free-Liberty in the Exercise of their Religion will not satisfie them They will have All or Nothing Our whole Confidence therefore rests in our King's Justice who we hope will never be perswaded to take away the Estates of those who are Guilty of no Offence against His Laws upon any pretence whatsoever The Gentleman advanceth That new Estated Men would freely part with great Sums and a considerable part of their Lands for a Confirmation That these new Estated Men would be as ready to lay their Lives and Fortunes at His Majesties Feet as any Subjects He hath in that Kingdom is a Truth Tryal would quickly Justifie But their Estates if Laws can secure them they have already as well Worded as they can desire If they should Purchase another Confirmation they are well satisfied a Parliament constituted of the Principles with this Gentleman would speedily Repeal it could they procure His Majesties Consent which I hope they will never do to the prejudice of the Act of Settlement now in Being Here I cannot but remember
Rebellion so Universal that they accounted all the Roman Catholicks of the Kingdom to have been of the Irish Confederacy yet were they not so Barbarous but appointed Commissioners to enquire if there were any Innocents amongst them who finding some that they thought were not guilty of the Rebellion the Usurpers either continued them in the Possession of or restored them to their Estates by the Name of Constant Good Affectionate Men a Title well known in that Country 'T is certain that neither these Qualifications nor the Act of Settlement nor the Proceedings of the Commissioners for restoring of Innocents have given the least reason for any Roman Catholick to affirm his Estate hath been taken from him for his Religion unless he say he engaged in the Rebellion upon the Principles of his Religion which is hoped no Man is so Wicked as either to speak or think Besides if the Temper of many of the Irish Nation in the Parliament that Sate in that Kingdom in 1641 be considered and how they flew in the Faces of the Judges and English Government and if the Articles that from Time to Time they Proposed to the King after they had taken up Arms be looked upon it will be clearer than Day that their Designs were Temporal Advantages and the driving the English Planters out of the Country covered over with a Mantle of Religion Object II. A Second Objection against the Act of Settlement is That a multitude of Innocents are barred by them whose Claims had not sufficient Time to be heard Answ If by these Innocents are meant such as were not Born when the Rebellion began or were hindred by want of Age or from some inconvincible Weakness from being concern'd in it whilst it lasted 'T is probable there were a great many such Innocents But to what purpose should they be heard it not being upon their account that such Lands were forfeited there is nothing taken from them Those they would derive from had forfeited before they had any Title But it is possible there are no Innocents unheard that had any Title in 1641 when the Rebellion broke out in the Lands disposed of by these Acts or if there are it hath happened through their own Defaults Doubtless there are but few now living that were Men in 1641 if there be I would be glad to see a List of those Innocents Some indeed since King Charles's Restauration might have had an opportunity of trying their Innocency being accused of Treasons Murder and other Misdemeanors had not Letters been procured from his late Majesty to cease all Prosecution against the Irish for such Crimes as were Committed during the Rebellion Is it reasonable to be desired that the Persons who now enjoy the Estates the Irish pretend to have belonged to their Ancestors should prove the Rebellious Actions of private Men committed almost 50 Years ago In the year 1662 when the Act of Settlement pass'd it had been difficult to have made out their Guilt had it not been very Notorious But now it is absolutely impossible considering what the Act of Settlement informs the World viz. That several means for many Years together had been used to Murther such Witnesses suppress such Evidences and to vitiate and imbezle such Records and Testimonies as might prove the Guilt of particular Persons I believe the common Estimate Men make of the Number of Irish Proprietors in 1641. from whence they conclude many Innocents unheard is a great Mistake To rectifie which I will insert the Number of all the Irish Proprietors in and about the Fourth Part of that Kingdom as I find them carefully return'd on Record Proprietors in 1641. Out-law'd and Indicted for the Rebellion in the same County In Meath 380. 409. In West-Meath 344. 362. In KING's County 194. 554. In QVEEN's County 132. 118. In Downe 80. 534. In Armagh 24. Â In Antrim 214. Â To all whose Estates but Ninty-One or thereabouts the Marquis of Antrim and his Lady were Restored By this Account which for the Counties nam'd is True only some of the most considerable Proprietors are Return'd in several Places and some of them are likewise Out-law'd more than once it appeareth there were but few Landed Men in Ireland And further That in the first Five Counties where the Rebels could in any manner be Proceeded against Seven Hundred Ninty Nine were Indicted or Out-law'd more than the full Number of the Proprietors amounted to There were Two Commissions Issued out by King Charles the Second for the Restoring of Innocents The First was upon the King's Declaration dated the 30th of October 1660. Although these Commissioners sate several Times yet not above Two or Three of the Irish Nation ever ventur'd to make out their Innocence before Them The Second Commission was granted to Persons upon whose Nomination the British in Ireland cannot pretend to have the least Influence Though They were as favourable to the Irish Nation as They could with any colour of Justice must be allowed yet the Irish were so severe to the English that They complain'd of Them to the Parliaments both of England and Ireland The Commissioners published Rules dated the 22th of October 1662. by which they declar'd in what Order they would hear the Pretenders to Innocency in the several Counties of Ireland But these Innocents had then so ill an Opinion of Themselves that not many of Them after much Delay durst come to Tryal The First Publick Sitting upon this Commission was the 13th of January 1662. and so few were there then ready although the whole Proof was put upon the British that in the First Month there came on but Forty Five amongst which were several English Protestants and of the rest Seven declar'd Nocent and Dismiss'd In the Second Month there came on Sixty to Trial of which Seven were Nocents and Dismiss'd In the Third Month came on Eighty Five of which Five were Nocents and Dismiss'd By this Time several of the Claimants as hath since fully appear'd had contracted with Men of Interest to carry on their Claims and had contriv'd Settlements whereby they might avoid Prejudice from the Guilt of their Ancestors So that many ventur'd with more Confidence and Six Hundred and Thirty Claims more were heard in the remaining Five Months that the Commissioners sat of which many belong'd to Protestants and several were declar'd Nocent and Dismiss'd It is further observed That the first Claimant was declared Nocent That of those declared Innocent there were about Eighty of the most considerable for Quality and Estates who derived their Titles from Persons acknowledged to be Guilty of the Rebellion by the Settlements concerning many of which it may be said truly That they were not in common Method I shall come to the latter part of this Objection That there was not Time enough for all Innocents to bring on their Tryals although by what hath been said before it is apparent they had much more Time then they made use of yet this
Claimants been ready Pag. 10. The Fifty Two Nomenoes have not yet got Possession of a Cottage of their Ancient Estates This is false many of them have got a considerable part of their Antient Estates Pag. 15. Since the Cessation of Arms concluded in the Year 1643 there was no more Fighting between His Majesty's Protestant and Roman Catholick Subjects Here he justifies the breaking of the Peace in 1646 and the Wicked and Malitious Actions of the Nuntio's Party the attempt upon Dublin by O Neile and Preston Excommunicating all that adher'd to the King's Authority All which was it seems in this Gentleman's Thoughts no Fighting against the King Pag. 18. In this place he takes confidence to fix upon this King when Duke of York a foul Aspersion by saying The Lands of Miles Corbett and other the Regicides now in His Majesty's Possession by Vertue of the Act of Settlement were set out to those Regicides for no other Service but the Sentence of Death they gave against King Charles the First Which is a most gross Falshood for these Persons had these Lands His Majesty now enjoys for Adventurers Arrears Provisions and other Considerations common with them and others and not as a Reward for Murdering the King Pag. 19. By the Insurrection Four Hundred Englishmen could not be found Murdered in Ireland as appears by the Proceedings yet extant in Dublin 'T is certain for all this Affirmation That there were Examinations taken by Vertue of the King's Commission under the great Seal at Dublin which prove the Murder of many Thousands of the British in Ireland at the first Insurrection or Rebellion which you please Pag. 19. The Peace in 1648 was no sooner Published than all the Garrisons Cities and Magazines of the Irish were put under the Command of the King's Lieutenant This is not so the Confederates by the Articles reserved them in their own Power and Possession The Story is too well known how his Grace the Duke of Ormond a Person of Eminent Loyalty was most falsly abused in this Libel then the King's Lieutenant and how he was used at Limerick Waterford and Gallaway needs not be repeated Pag. 19. Notwithstanding the Confederates were offered any Conditions by the Usurper and Courted by the Parliament The Confederates were never offered any advantagious Conditions by the Usurper it is known he absolutely denied the Exercise of their Religion I wish some body to convince the World would give an Account of those favourable Conditions refused from the Usurper and of the glorious Courtships bestowed on them by the Parliament which are yet Secrets Pag. 20. Solicited by some Neighbouring Potentates There is good Evidence they Solicited France Spain Rome and Lorrain but that They were Solicited is not generally known It had been well if the Author had nam'd the Potentates Pag. 22. Most of the Young Nobility and Gentry having followed His Majesty into Foreign Countries The Irish Gentry is very numerous No Man was ever a Proprietor of Lands or related in any degree to or of the Name of a Proprietor in that Country but he is esteemed a Gentleman What a Noble Army would the greatest of these have amounted to at least Thirty Thousand And yet this very Author a few Pages before told us There were but Five Hundred Gentlemen with the King in Flanders and over-reckon'd them too by more than half It is certain many Irish Gentlemen Served the King beyond Sea who deserve much Praise without enquiring how many were forced to go over by their Articles with the Usurper 〈◊〉 have perused a List of those Gentlemen in Hi◠Majesty's Declaration of the 30th of November 1660. and find them to be Two Hundred Twent◠One of which there are of Original Irish Familie◠One Hundred Thirty Eight and of the Old Englis◠Eighty Three There is not of that List one Flemming Nugent Barnwel Tyrrel and only Mr. Nicholas Plunket of Dunshaghlin of the Sirname of Plunket whereas there are many more Gentlemen of those Names than the whole number in that Declaration amounts to From whence it follows That the Author is grosly mistaken in his Assertion Pag. 26. Presbyterian Lords Justices Deposed and Imprisoned by the King's Command There were no Lords Justices Imprisoned by the King's Command This is a Romance like the rest Here I cannot pass by that which is common to this Author with many of his Country-men the fixing upon all the British in Ireland the odious Appellations of Presbyterians Phanaticks and Cromwellians It hath been a Practice There formerly to call the English there amongst them by those they esteemed most Scandalous Names given to any of the Nation as in 1641. they were all stiled Puritans For my part I do not think it fit to bestow the title of Rebels Nuntioists so freely amongst them and yet they must remember that the Faults of the English who swerv'd from their Duty are forgiven and all Men forbidden to upbraid them by an Act of Oblivion which They cannot yet pretend to Pag. 27. The Earl of Clarendon made it his Business to Exalt the French King This is a high touch of Malice Rather than he will not rail against the Earl of Clarendon he will take occasion from that Earls pretended Kindness to the French King I am apt to believe tho' that he is out in this particular But that some of his Country-men has had a greater Kindness for that King will appear by an Authentick Piece I have put at the end of this Paper The Author has thought it fit through his whole Pamphlet to cast most false and scandalous Aspersions upon Persons of great Honor and Integrity of which I shall take no further notice but leave him to Scorn and Contempt which those Noble Persons have hitherto judged the best Answer to his Libel only observing his unparallel'd Impudence and Malice in charging the late Earl of Clarendon whose many Just and Famous Actions will make him Famous to Posterity with abominable Calumnies and that without any regard to Truth or Probability or Respect to the Royal Family to which He was so nearly Related By this Pamphlet and other Books Printed both at Home and Abroad the Conditions of the Irish Nation is described as the most Miserable and Oppressed as any People were ever in under the Sun I could not see what happened during the War yet have reason to believe some of them did more Mischief than they could suffer But since King Charles the Second's Restauration they have no occasion to complain they have been equally Protected by the Law The free Exercise of their Religion hath been conniv'd at There have still been Parish Priests in every Parish competently maintained by the Irish Farmers which the British Landlords suffered to their great Disprofit when Dissenting Protestants have been severely Prosecuted especially in the Province of Vlster and Indicted as Rioters for Religious Assemblies Great and frequent Meetings at Mass have not been taken notice of They have been allowed to keep the Holy-Days of their own Church and not forced to observe those of the Protestants I mean the Twenty Ninth of May nor the Thirtieth of January which I never could hear they minded The poor sort of Labourers and Farmers in their own Opinions lived better Lives than ever their Ancestors knew receiving Wages and having Terms of the Land they Manured Those sort of People being the most numerous wisht without doubt in their Hearts for the Continuance of the present Settlement The Artificers Tradesmen and Merchants were admitted freely to follow their respective Callings in Corporations if there were Laws to the contrary they were not put in Practice The Proprietors amongst them which proved their Innocency were Restored to their Possession without further Suit at Law and for the most part found their Land in better condition than when they lost them All difficulties in the Act of Settlement have been judged in their Favour Abundance of great Estates have been Restored to several of them who never proved their Innocency nay some of them have large Grants of the Forfeited Lands of their Country-men The most of the Forfeited Lands in the Counties of Galloway Clare and Roscommon are given to such Proprietors who lost their Estates in other Places with this particular Favour That if any of them before he had passed a Patent had conveyed his share to a Protestant the Purchaser was obliged to retrench a Third Part towards the satisfaction of those Irish But if the Irish Proprietors kept his Proportion he was allowed a Patent for the Whole All Free-holders without distinction were admitted to pass on Juries to be Electors of or Elected Parliament-men and none excluded out of the House of Lords for Religion I say nothing of their present Condition not having been lately There but certainly had they continued as they were they have not much reason to exclaim There are other Arguments against breaking of the present Settlement of more consequence than any herein mentioned which I purposely omit as not proper for me to meddle with Yet I cannot conclude without remembring once more the Opinion of James late Earl of Castle-haven who was himself not only a Roman Catholick but one of the most considerable of the Confederate Roman Catholicks of Ireland and one that knew their Designs as well as any amongst them He then has declared That it was most probable that if the Nuntio 's Party in the Year 1646. had had all Ireland it would have remained separate from England for ever Which Nuntio's Party at that Time consisted of all the Confederate Roman Catholicks in Ireland except this Earl of Castle-haven and some few others FINIS
A Defence of the Present Settlement in IRELAND BY a LETTER pretended to be written from COVENTRY dated the 26th of October 1686. and several other Papers which have been carefully dispersed by some Persons who seem disaffected that the British are Possess'd of so many Estates formerly belonging to Irish Proprietors and with the Present State of Affairs 'T is apparent That there are Those that endeavour as much as in them lies to break the Settlement of that Kingdom of Ireland from which His late Majesty reaped more Profit than all His Ancestors before Him ever receiv'd from that Island And England has been eas'd of those great Expences of Blood and Treasure that the frequent Rebellions of that Kingdom did formerly occasion And although I do not imagin That any Suggestions how confidently soever â—â—serted will be able to divert our Soveraign from the Rules of Justice or the Interest of His Crown Yet I think it reasonable for the Satisfaction of Those to whom that Share I have in Ireland may come to set down what I know of that Settlement whil'st fresh in Memory that they may hereafter understand upon what Foundation their Title is built and endeavour and that without Scruple by all lawful Means to Enjoy and Defend It. I intend no Reflection upon any Particular Person nor can I without Trouble mention the Sad Accidents which happen'd between the Years 1640. and 1660. in Ireland Were I not forc'd to it I should esteem it indecent to use the term IRISH REBELLION but 't is now made necessary Let the Blame therefore lie on Him that gave the Occasion However I shall not offer any Thing but what I Know or have good Reason to Believe True and no more of That neither than is Pertinent The Question then being Whether it be Reasonable at this Time to break the Settlement of Ireland The Justice of it will first fall under Consideration In the next place Supposing some Objections might have been made to the Settlement at first Whether at this Time they can be justly hearken'd to Lastly I shall make some Observations on the Coventry-Letter and the Pamphlet from which the AUTHOR of that LETTER deriveth many of his Arguments call'd A Narrative of the Sale and Settlement of Ireland To prove the Settlement Just which is Founded upon the Forfeiture of a considerable Part of the Land of that Kingdom it will be necessary to shew That there was a Rebellion in Ireland which began the 23d of October 1641. and that almost general I. First For this I shall offer as the best Proofs that can be produc'd several Acts of Parliament as the Four Acts of Parliament Passed in England 17 0. Car. I. where this Rebellion is declar'd in the Judgment of that Parliament so general that many Millions of Acres would be Forfeited by it The Act of Settlement which is a brief Narrative of the Rebellion therein stiled almost National The Confederates being Represented in a General Assembly Chosen by Themselves and Acting by a Supream Councel Exercising the Power of Life and Death Making Peace and War Levying and Coyning Money Treating with Foreign Princes for their Government and Protection and Acting under a Foreign Authority Which are the Words of the Act not Words of course but of certain Truth as many could well remember that were living when the Act was agreed upon And the Irish Agents then disputed all particulars where they had the least pretence of Denyal yet these things were made good to their Faces and by the late King directed to be inserted as the Foundation of the intended Settlement The Act likewise that passed the 14 of King Charles the Second Cesse 23. For the keeping the 23. of October 1641. To Seize the Castle and City of Dublin and all other Cities in the Realm To cut off all the English in that Kingdom and to deprive King Charles the First of His Crown and Soveraignty Secondly The Irish do acknowledge that there was a Cessation a Peace made 1646 and another in 1648. between Them and King Charles the First or those Authorized by Him Doth not this necessarily Imply a War and what is a War by Subjects mannaged against their lawful King but a Rebellion These Transactions were in the Names of the General Assembly of the Confederate Roman Catholicks of Ireland which comprehended the whole Nation And if any of the Irish Confederates declared themselves against this Assembly as not included in it let those that know them Name them for their Eternal honour Thirdly The Rebellion was so General that in seven Counties of the Kingdom by the begining of the Year 1643 there were 3000 Outlawed for High Treason In eleven other Counties there were at least 3000 Outlawed for their Rebellion but the Power of the Rebels was so Great that they could not be Outlawed And as for the whole Province of Gonaught the Counties of Tippeary Limerick and Kerry and the rest of the Kingdom the Defection was so Universal that the King had neither Sheriffs Coroners nor any other Ministers of Justice to proceed against the Delinquents Fourthly The Oaths of Association That the General Assembly and Supream Council oblig'd persons within their Power to take directing them to be Administred by the Clergy in every Parish could not but Involve all that lived within their Quarters which first or last were almost over the whole Kingdom in an equal Guilt unless preserv'd by Miracle And if there be any such the Naming of them would give the World much Satisfaction Certainly from these Particulars considered together we may be satisfied of the Truth of that Expression in the Act of Settlement That the Rebellion spread it self universally over the whole Kingdom I shall say nothing of the Barbarous carriage of the Irish at the breaking out of the Rebellion to persons that had given them no Provocation which appeared by several Examinations taken upon Oath by vertue of the Kings Commission when things were fresh in Memory This only may be desired from those who deny any of the Relations published of those Cruelties to name the Places where any of the British were permitted to Live in Irish Quarters before the Cessation but were Murdered or utterly Ruin'd Many have been Inquisitive but could never hear of any one Family that escaped them unhurt unless they joyned with them except some few that were Protected by the late Earl of Clanriskard The Rebellion being so hainous and general as appears by the above Proofs It clearly appears that the Lands forfeited by the Rebels might justly be disposed to others That English Kings have disposed of Lands forfeited for Treason hath been every where so common but in England especially is a matter so well known that it needs no Evidence The King by the Law hath an absolute Right in such Lands which he may give as he thinks fit but those that were in Possession of those forfeited Lands in Ireland at King Charles the Seconds Restauration
with Honour the care our English Ancestors had for such as should come after them for the Securing this Kingdom They had observed that not only the meer Irish but the Antient Colonies had no kindness for the New English but the frequent Acts of Resumption passed in their Parliaments had avoided new Grants made to English-men for considerable Services For this and other Causes that Act was procured with great Wisdom by Sir Edward Poynings then Lord Deputy the 10. Hen. 7. by which it is Enacted That no Bills can be offered to a Parliament in Ireland before they have been approved by the King in England This Law tho after attempted by the Natives continues unrepealed and is our present Security who are confident the King is too Just ever to send a Bill into that Kingdom to take from many Thousands of His British Subjects that which they now enjoy by Law The Gentleman seems to be very hard upon the Memory of the late King when he displayeth his Rhetorick to shew how contrary to Zeal Piety and Justice it would be for His present Majesty to confirm the Acts of Settlement reflecting thereby upon King Charles the Second that Acted contrary to Zeal Piety and Justice when he made those Laws Questionless our present Soveraign will upon all Occasions vindicate the Honour of his Brother and I hope He will think no way so proper in this particular as by Protecting that Settlement which His Brother Establish'd The Gentleman hath it seems an expedient to help all Matters and yet he thinks fit to offer some in short which I fear too are the best of his Intentions altho' of a strange Nature He would have His Majesty Condemn Laws as Defective before any Person hath been heard in their Defence and after his Judges upon all occasions have judged them sufficient He would have the Clause concluding the Claims of those not yet adjudged Innocent Rectified whereby I presume he means Revoked by which the Persons concern'd in the Lands formerly Forfeited must near Fifty Years after the Rebellion be put to prove the Offences of particular Persons several of whose Descendants act at present in considerable Civil and Military Imployments and some of them now endeavouring to take off the Outlawries of their Ancestors These are things so Unreasonable that certainly they will never be hearkened unto where they expect they should At last He doubts not but Matters may be adjusted at the next Sitting of Parliament but what Parliament he means I cannot guess if he means an Irish Parliament freely and fairly Elected he knows That more than four Parts of five of it must consist of Persons that will not break the Settlement If he means such a Parliament as the Irish designed when they made the Articles in 1648. I am satisfied few of the British must expect to continue in the Possession of any thing they now Enjoy unless His Majesty be graciously pleased to Interpose Certainly he does not think of the English-Parliament his Country-men against all Reason and Presidents not admitting That Laws made in England bind that Kingdom But if he would have the English-Parliament Reconcile all Differences between us I fee no reason why the British should not Acquiesce if it have His Majesties Approbation I am come now to the Pamphlet called The Narrative of the Sale and Settlement of Ireland but am resolv'd to take no further notice of it than to reflect on some few Matters of Fact by which the Truth of the whole Paper and what sort of Adversaries we have to deal with may appear The Author makes an enumeration of the several Counties of Ireland and tell us Pag. 4. That in the Year 1653. Ten Counties were allotted to the Adventurers Twelve conferr'd on Cromwell ' s Soldiers Three given to Transplanted Irish and Seven reserved to the Common-wealth The first mistake and that a wilful one too is that he affirms That the Counties were thus disposed whereas it was only the Land Forfeited by the Rebellion in those Counties Church-Lands Protestant Lands Constant Good Affectionate Mens Lands were not disposed and the Interests of those were so considerable That not a fourth Part of the Province of Vlster was Forfeited His next Error which sure proceeds from Ignorance is That Ten Counties were given to Adventurers whereas it is notoriously known they had but the Moiety of the Forfeited Land in Ten Counties of which near the half of that hath been since taken from them Pag. 5. He says Five Hundred Gentlemen that Served the King in Flanders are named in the Declaration Let him reckon again and he will find but Two Hundred Twenty Two this is well stretcht yet the modestest mistake in his Paper Pag. 6. He affirms That taking off the Engagement which he says the Irish were forced to do on pain of Death by Cromwell ' s Army was made a Qualification of Innocency that none that had taken it could be declared Innocent And by this Qualification he leaves his Reader to judge of the rest aggravating the Matter with much Rhetorick Certainly this is a Falshood so apparent so easily discovered that no Man that valued his Credit would alledge it 'T is as Wilful as 't is Malitious Had he reckoned the Qualifications in the Act of Settlement right they are as he says but not any thing of the Engagement or any thing like it amongst them I believed the occasion of this was he had told the World That the Qualifications were so Severe and Rigid that some thought it Morally impossible to find an Innocent and yet when he came to consider them he could pick out but One to Cavil at and that put him upon this Notorious Invention Pag. 7. Few of the Irish Peers were admitted to Sit in the House of Lords under pretence of former Indictments Many of the Irish Peers Sate none were excluded upon pretence of Indictments unless they were also attainted of High-Treason Pag. 7. The Act of Settlement alloweth only Twelve Months time to the Tryal of Innocents The Act passed at a Cessation which begun the 17th of April 1662. The time for the Tryal of Innocents was to be the first of August 1662. By this it appeareth there was not near a Years time for their Tryal so that this mistake in this place seemeth to be to the disadvantage of his Friends But he had a further fetch he resolved not to own the kindness that the then Parliament of Ireland shewed those that pretended to Innocency giving them after the time for their Tryal by this Act was expired a year further by another Act being all they desired Pag. 8. The Commissioners began their first Sitting the first of February This Man hath so perfectly fallen out with Truth that it is impossible ever to reconcile them The Commissioners began the Tryal of Innocents the 30th of January 1662. They heard Twenty Seven considerable Claims before the first of February and might have heard many more had the