of a Letter sent the King August 14. 1686. found in Bishop Tirrel's but imperfect p. 303 Lord Clarendon's Speech in Council on his leaving the Government of Ireland p. 310 A General Abstract of the Gross Produce of his Majesties Revenue in Ireland in the three first years of the Management beginning at Christmas 1682. and ended Christmas 1685. p. 312 Sheriffs for the year 1687. p. 313 Lord Lieutenants and Debuty Lieutenants of Counties p. 324 Privy Councellors appointed by Letters from King James dated February 28. 1684. and such as were sworn since by particular Letters p. 333 The Civil List of Officers and the times of their entring on their Offices p. 334 An account of the General and Field Officers of King James's Army out of the Muster Rolls p. 341 A Copy of the Letter dispersed about the Massacre said to be designed on December 9. 1688. p. 345 Lord Mountjoy's Circular Letter on his going to France p. 346 Judge Keating's Letter to Sir John Temple December 29. 1688. p. 347 Proposals humbly offered to the Earl of Tyrconnell Lord Deputy by the Bishop Meath about the intended search for Arms p. 353 An account of the Conditions made in the Field between the High Sheriff of Gallway and the Prisoners afterwards condemned p. 356 A Copy of a Letter from Bishop Maloony to Bishop Tyrrell the Original found amongst Bishop Tyrrell's Papers March 8. 1689. p. 360 Presentment of the Grand Jury of Tipperary against Protestants p. 365 A List of all the Men of Note that came with King James out of France or that followed him after so far as could be Collected p. 366 A List of the Lords that sate in the pretended Parliament at Dublin held May 7. 1689. p. 369 The names of the Knights Citizens and Burgesses returned to the Parliament beginning May 7. 1689. p. 370 An Address to King James in behalf of Purchasers under the Act of Settlement by Judg Keating p. 377 The Lord Bishop of Meath's Speech in Parliament June 4. 1689. p. 389 Copies of the Orders for giving Possessions p. 388 Albaville's Instructions to the Commissioners of Oyer and Terminer p. 392 A Petition of the Minister of Wexford for his Church and the Order thereupon p. 395 Mr. Prowd Minister of Trim his account of the remarkable Accident that happened upon Plundering the Church of Trim p. 397 General Rosen's Order to bring the Protestants before Derry p. 399 Advertisement as it was published by Mr. Yalden in his weakly Abhorrence concerning Dr. King and Dr. Foy p. 404 Collonel Lutterell's Order for numbering Protestants p. 406 Collonel Lutterell's Order forbidding above five Protestants to meet any where p. 407 THE STATE OF THE Protestants of Ireland Under the late King James's Government IN WHICH Their Carriage towards him is justified and the absolute Necessity of their endeavouring to be freed from his Government and of submitting to their present Majesties is demonstrated INTRODUCTION Containing an Explication of the Doctrine of Passive Obedience and stating the true Notion and Latitude of it 1. IT is granted by some of the highest assertors of Passive Obedience that if a King design to root out a people or destroy one main part of his Subjects in favour of another whom he loves better that they may prevent it even by opposing him with force and that he is to be judged in such a case to have Abdicated the Government of those whom he designs to destroy contrary to Justice and the Laws This is Grotius's Opinion in his Book De jure Belli Pacis lib. 1. cap. 4. § 11. where citing Barclay he says If a King be carried with a malitious design to the destruction of a whole Nation he loses his Kingdom which I grant since a will to Govern and to Destroy cannot consist together therefore he who professes himself an Enemy to a whole People doth in that very act Abdicate his Kingdom But it seems hardly possible that this should enter into the heart of a King who is not mad if he govern only one people but if he govern many it may happen that in favour of one people he may desire the other were destroyed Doctor Hammond asserts Passive Obedience as high as any yet he approves this passage of Grotius and of Barclay in his vindication of Christ's reprehending S. Peter from the exceptions of Mr. Marshall p. 327. of his first Volume Grotius saith he mentions some cases wherein a King may be resisted As in case a King shall Abdicate his Kingdom and manifestly relinquish his Power then he turns private man and may be dealt with as any other such And some other the like 2. And it is observable that generally in all Books and Sermons concerning Obedience to Governors where this case is put suppose a King endeavour to destroy his people there are only two answers given to it one is that his Officers and Ministers ought not to obey him if they do the Law will punish them The other is that this case ought not to be put that we ought not to suppose that any King will designedly endeavour to destroy his people nay the Author of Jovian will not allow us to suppose that any King will attempt in England to Govern altogether by Arbitrary Power and the Sword For says he Chap. 12. p. 272. To suppose this is plainly to suppose the utmost impossibility and p. 273. If a King should shut up the Courts obstruct or pervert Justice he allows that all his good Subjects and all the bad too that tendered their own safety would desert him and Chap. 6. p. 152. He says he should be tempted to pray for the destruction of such a Prince as the only means of delivering the Church Falkner in his Christian Loyalty B. 2. Chap. 5. N. 19 20 tells us But if ever any such strange case as is supposed should really happen I confess it would have its great difficulties He brings in Grotius De jure Belli Pacis lib. 1. cap. 4. N. 7. And Bishop Bilsons Christian Subjection Part 3. p. 519. edit 1585. as allowing it and seems to allow their judgment in the case but then tells us that the case above-mentioned ought not at all to be supposed or taken into consideration All which plainly grants that if a King do in earnest design the destruction of his Subjects and get Ministers and Officers to concur with him in it who are ready to execute his wicked intentions and against whom the Law yields no Protection that in such a case the Subjects may desert their Prince decline his Government and Service and seek Protection where they can find it 3. And indeed whoever considers the Discourses that have been written concerning Non-Resistance will find that the reasons given for it either from the nature of the Thing or Scripture reach only tolerable evils and prove that a man ought to be patient under pressures laid on him by his Governor when the mischief is not
Thresh part of his Corn for his own use During which time they took away all his Stock of Sheep Black Cattel and Horses and the Soldiers from Navan Commanded by one Captain Farrel fetcht away all his Corn and Hay Some of his Irish-Servants telling him It was not safe for him to come down or lye in his own House He lay in a Neighbours House This was on a Friday-Night and the next Day he went to Dublin On Sunday Night the 5th of May 1689. they came and set Fire to his House in several places and burnt it down and all his Goods believing he was in the House Afterwards giving out That he had order'd his own Servants to Burn it And soon after came up one William Carton his Shepherd who told him That the Fryar and Priests at Navan were very angry with him and Threatned him because he did not countenance that Report and also own that his Servants had Burnt his House by his Order All this was done by the Neighbourhood within 3 or 4 Miles about him A Brief of the Case of the Charter of Londonderry upon which Judgment was given against it Quo Warranto against the Corporation of Londonderry to shew why they Claim'd to be a Body Politick and to have and use certain other Priviledges THE Corporation pleaded their CHARTER whereby those Priviledges were granted to them eo Warranto they claim to have and use those Priviledges Tho King's Attorny Replies and saith That since their Charter the Act of Settlement impowers the Lord Lieutenant and Council to make Rules and Orders for the Regulating Corporations That accordingly such Rules were made for this Corporation among which One was That they were to Elect at a time different from that in the Charter and Return the Names of the Persons the Corporation should elect yearly to be Mayor and Sheriffs to the Lord Lieutenant and to be approved of unde ex quo that they did not so elect and send the Names of such elected to be so Approved they forfeited their Priviledges The Corporation in their Rejoynder gave a full Answer to this New Matter raised in Replication on these New Rules and set forth That they did all along yearly elect and send up the Names elected according to the Rules and that they were Approved c. But further insisted at the Bar That they needed not to have any further Rejoynder to the said Replication or given any Answer as to the Matter in the said Replication alledged because admitting the Allegations in the said Replication to be true yet the Replication assigns no breach by the Corporation For all that comes after the Unde ex quo is but a Conclusion and solely a Conclusion without any Premisses for tho' the New Rules be set forth yet 't is not said in all the Replication That the Corporation did not act pursuant thereto but only saith Unde ex quo they did not c. 1. The Court said The Answer given to the New Rules was a Departure from the Matter pleaded viz. They Justifie in the Plea by the Charter and in their Rejoynder they say They chuse according to the New Rules which is another Warrant to chuse and so the Plea vitious To which the Corporation Reply'd That a Departure is when a Party in a Rejoynder sets up a New Title to a thing or a New Justification not set up in the Plea But here they still Justifie by their Charter and the New Rules made subsequent is only to the Modus of Chusing in respect of Time c. but the Power of Chusing is still by the Charter 2. The Plea was not only a Plain Answer to a short Question demanded by the Quo Warranto viz by what Warrant they claimed their Priviledges and the Matter of the New Rules was set up by the King in his Replication to which they had no opportunity of Answering till they Rejoyn'd 3. If it had been material to be set forth in the Plea yet it being a Condition subsequent if any thing and going in destruction of the Corporation Priviledges they ought not first by the Rules of Law to set it forth but it ought first to come on the Adversaries part 4. The Corporation urged That the New Rules did not in Law work any Forfeiture of Priviledges in case they were not observed for they were in the Affirmative only and the Rule of Law is That Acts in the Affirmative take not away a former Power of doing a thing but the same may be done either the first way or the second Notwithstanding all which on the said pretended defect in Pleading the Merits of the Cause never coming in question the Court gave Judgment against the Corporation N o 8. Lord Lieutenants and Deputy Lieutenants of Counties LEINSTER Counties Lord Lieutenants Deputy Lieutenants COunty Dublin Col. Simon Lutterel Thomas Warren Bartholomew Russel City Dublin Lord Mayor Sir Thomas Hackett Terence Dermot Meath Lord Gormanstown Thomas Bellew Trim Walter Nangle Westmeath Earl of Westmeath Edmund Nugent of Carlinston Mullingar James Nugent of Welshtown Longford Col. William Nugent Fergus Farrel Longford Laurence Nugent Catherlogh Dudley Bagnal Marcus Baggott Carlow William Cooke Kilkenny Lord Galmoy John Grace Kilkenny Coesar Colclough Wexford Col. Walter Butler Patrick Colclough  Walter Talbot Wexford Edward Masterson Wicklow John Talbot of Belgard Hugh Roe Byrne Wicklow Thady Byrne King's County Col. Garret Moore Terence Coghlan Birr Owen Carrol Queens County Lord Clanmalyra Edward Morris Maryburrow Thady Fitâ—-Patrick Lowth Lord of Lowth Roger Bellew Drogheda John Babe Kildare Earl of Lymrick Capt. Charles Whyla  Francis Leigh Naas W m Fitzgerald of Cookstown MUNSTER Counties Lord Lieutenants Deputy Lieutenants Corke Lord Mountcashel Pierce Nagle  Daniel Mac Carty Reagh  Sulivan Bere Corke Charles Mac Carty alias Mac Donnogh Waterford Earl of Tyrone John Nugent Waterford Thomas Sherlock Clare Lord Clare Donogh ô Brien of Duogh Ennis Florence Mac Nemara Counties Lord Lieutenants Deputy Lieutenants Kerry Lord Kilmore Donogh Mac Gillicuddy Tralee Joseph Browne Limerick Lord Brittas Morice Fitz-Gerald Limerick Dom. Roche Tipperary Walter Butler Esq James Butler of Killasâ—ahan  Garret Gough Clonmel John Clantwal  Daniel Mac Carty CONNAUGHT Counties Lord Lieutenants Deputy Lieutenants Galway Earl of Clanrickard John Donnelan  Miles Bourke Galway Nicholas French Roscomon Lord Dillon Patrick Plunkett Roscomon John Fallon Mayo Lord Athenry John Brown Ballinrobe John Hore Sligoe Col. Henry Dillon Edward Crofton Sligoe James French Leitrim Col. Alexander Mac Donnel Henry Mac Tool ô Neile  Hugh ô RourkeÌ„ ULSTER Counties Lord Lieutenants Deputy Lieutenants Cavan Col. Edmond Reyley Philip Oge ô Reyley Cavan Miles Reyley Junior Monoghan Col. Arthur Oge Mac Mahon Capt. Hugh Mac Mahon  Col. Brian Mac Mahon Tyrone Col. Gordon ô Neile Capt. Terence Donnelly  Shane ô Donnelly Ardmagh Sir Neil ô Neil Walter Hovendon  Con. ô Neil Derry Col. Cormuck ô Neil Capt. Roger ô Cahan  Capt.
Fran. ô Cahan Donegal Conel ô Donnel Manus ô Donnel  Tyrlagh Oge ô Boyle  Daniel ô Donnel Downe Lord Iveagh Shilling Magennis  Arthur Magennis Antrim Earl of Antrim Shane ô Neil Sheriff  Col. Thady ô Hara Fermanagh Lord of Eniskillen Cuconaght Mac Gwyre A List of the Principal Officers employed in the Revenue 24 Jun. 1690. Dublin Port Chief Commissioners and Officers established by Patent Commissioners of the Revenue SIR Patrick Trant Knight Francis Plowden Esquires John Trinder Esquires Prot. Richard Collins Esquires Prot. Sir William Ellis Knight Charles Playdel Secretary Nicholas Fitz-Gerald Solicitor Prot. James Bonnel Accomptant General Collectors and Officers appointed by the Commissioners Viz. Doctor James Fitz Gerald Collector Prot. Nathaniel Evans Clerk to the Commissioners Prot. William Alcock Examiner of the Port-Accounts and Warrants and Casheer Prot. Sinolphus Bellasis Clerk of the Coast. Prot. John Kent Land Surveyor and Comptroller of the Store Prot. Edward Prescott Land-Surveyor Land-Waiters Prot. John Robinson Prot. Dennis Boyle Prot. Francis Isaackson Henry Fitz Gerald. Prot. Bartholomew Wybrantz Store Keeper Robert Longfield Chief Clerk of the Quit and Crown-Rents Surveyors of Ringsend William Briscoe Phelim Dempsy Francis Creagh Surveyor at Dunlary Dublin Excise Viz. Prot. Francis Babe Collector Prot. Bernard Waight Surveyor General of Excise _____ Carol Examiner of Excise Accounts Surveyors of Excise Prot. Benjamin Powning Examiner of Diaries Prot. Henry Davis Prot. Jacob Walton Philip Clayton Ports and Districts Athlone Christopher Nicholson Collector Peter Duffe Survveyor Baltimore Dominick Nagle Collector Clonmel Terence Magrath Collector Edward Morris Surveyor Cork Port Sir James Cotter Collector Edward Trant Surveyor Florence Mac Carty Surveyor at Cove Cork Excise Francis Garvan Collector James Griffith Surveyor Dingle Ambrose Moore Collector Drogheda Bernard Byrne Collector Walter Babe Surveyor of Excise Morris Morierty Survey at New-key Dungarvan Thomas Mead Collector Ennis John Mac Nemara Collector James Dalton Surveyor Foxford Valentine Kirwan Collector Nicholas Toppin Prot. Surveyor Galway Port Arthur Nagle Collector Galway Excise James Brown Fitz Jeffrey Collector Kilkenny Caesar Colclough Collector Samuel Pigeon Prot Surveyor Kinsale Dominick Rice Collector Dominick Murrogh Surveyor Limerick John Rice Collector Nicholas Skiddy Surveyor Loughrea Stephen Dean Collector Maryburrow Garret Trant Collector William Bourne Surveyor Moyallow John Longfield Collector Richard Aylward Surveyor Naas Edmond Fitzgerald Collector Robert Dowdal Surveyor Rosse James Butler Collector Mark Whitty Surveyor of Excise Sligoe Owen Dermot Collector Trim Richard Barnwal Collector Hugh Mac Donogh Surveyors Richard Barton Waterford Councellor Butler Collector James Heas Surveyor Wexford Anthony Talbot Collector Wicklow Barnaby Hacket Collector Youghal Patrick Fitzgerald Collector David Fitzgerald Surveyor A List of the Names of the New Burgesses of Strabane and Londonderry Viz. STRABANE Commonly call'd Soveraign JOhn ô Neile Shane Mac Con Backagh ô Neile Burgesses Gordon ô Neile Son of Sir Phelim ô Neile the Great Rebel who was Hang'd Drawn and Quarter'd He burnt Strabane in 1641. John ô Neile Shane Mac Neile Rammar Ô Neile William Roe Hamilton Constantine ô Neile James Cunningham Robert Adams Cloud Hamilton Brian ô Neil Mac Brian Mac Cormuc Mac Rory Grana ô Neil John Browne Robert Gamble Patrick Bellew James Mac Gee Art ô Neile Art Mac ô Neile Ramar ô Neile John Donnelly Shane fadda ô Donnelly James Mac Enally John Mac Rory Shane groom Mac Philip Mac Rory Burnt in the Hand Terence Donnelly Turlogh ô Donnelly Henry ô Neile Henry Mac Phelmy Duff Mac Art Mac Rory ô Neile His Father hang'd Roger Mac Cony Rory Mac Brian Mac Con modura Mac Conway His Father hang'd Dominick Mac Hugh Dominick Mac Rory Ballagh Mac Hugh Charles ô Cahan Cormuck Mac Manus Keiogh ô Cahan Charles ô Conway Cormuck Mac Owen oge Mac Owen Modera Mac Conway LONDONDERRY COrmuck ô Neile Mayor Sheriffs Horace Kennedy and Edward Brooks Aldermen Cohanagh Mac Gwire Gordon ô Neile Constantine ô Neile Constance ô Neile Manus ô Donnel Peter Manby Peter Dobbin Antho. Dobbin John Campsie Daniel ô Dogherty William Hamilton Roger ô Cahan Daniel ô Donnel Nicho. â—urside Alexander Lacky Constance ô Dogherty Daniel ô Sheile Roger ô Dogherty Brian ô Neile and John Buchanan Daniel ô Sheile Chamberlain Burgesses Francis ô Cahan Robert Butler Cornelius Callaghan Thomas Moncriefe Hugh ô Hogan John Mackenny John Campsie Henry Campsie James Lenox John ô Hogan William Stanly James Connor Hugh Eady John Donnogh Alexander Gourdon John Crookshanks Phel Mac Shaghlin John ô Linshane Art ô Hogan Charles ô Sheile Johnlius ô Mullan John Sheridan James Sheridan Constance ô Rorke Dom. Boy Mac Loghlin John Nugent William ô Boy John ô Boy William ô Sullivan Dionysius Mac Loghlin Manus ô Cahan Hugh Mac Loghlin Hugh More ô Dogherty Ulick ô Hogurty Henry Ash Tho. Broome Pet. Mac Peake Hen. Dogherty Robert Shenan Cornelius Magreth Art ô Hogan N o. 9. Privy Councellers appointed by Letters from King James Dated the 28th of February 1684 and such as are Sworn since by particular Letters for the Time being LOrd Primate Lord Chancellor Lord Archbishop Dublin Lord High Treasurer Secretary of State Chancellor of the Exchequer Master of the Ordnance Lord Chief Justice of the King 's Bench. Lord Chief Justice of the Common Pleas. Lord Chief Baron of the Exchequer Lieut. General of the Army Colonel of the Regiment of Guards James Duke of Ormond not sworn Henry Earl of Thomond Cary Earl of Roscomon ... Earl of Ardglass Henry Earl of Drogheda Hugh Earl of Mount-Alexander Richard Earl of Ranelagh not sworn Francis Earl of Longford Maurice Viscount Fitzharding Murrogh Viscount Blesinton Robert Fitzgerald Esq not sworn Sir Charles Fielding not sworn Sir Richard Reynel not sworn Sir Thomas Newcomen Sir Robert Hamilton Esquires not sworn Adam Loftus Lemuel Kingdon Sworn afterwards by particular Letters Sir Paul Rycaut Thomas Heitley Esq Earl of Tyrconnel Earl of Lymerick Lord Viscount Ikerin Lord Viscount Galmoy Esquires Thomas Nugent Dennis Daly Stephen Rice Rich. Hamilton Sir William Wentworth Earl of Ballymore Nicholas Purcel Esq Earl of Clanrickard Earl of Antrim Justin Mac Carty Esq Lord Viscount Gormanst own Lord Viscount Rosse Earl of Tyrone Lord Viscount Netterville Lord Lowth Sir William Talbot Esquires Anth. Hamilton Thomas Sheridan Symon Luttrel Fitzgerald Villers Esq Colonel Garret Moore Lord Bellew Charles White Esq Col. Cormusk ô Neil Francis Plowden Esq Privy Consellors Sworn before King James after his coming to Ireland DUke of Powis Duke of Berwick Earl of Abercorne Lord Thomas Howard Earl of Melfort Lord Chief Justice Herbert Lord Dover Colonel William P Colonel Dorrington Marquis D'Albeville Lord Kilmallock Colonel Sarsfield Lord Merryon Earl of Carlingford Earl of Clanrickard Lord Kenmare Lord Clare N o 10 The Civil List of Officers and the Times of their Entring on their Offices CHANCERY SIR Alexander Fitton Knight Created Lord Fitton and Baron of Gosworth in the County of Lymrick Lord High Chancellor of Ireland 23 April 1689. Sir William Talbot Baronet made
beating and injuring Protestants ibid. 12. In disarming them p. 67 13. The Dispensing Power of more mischief still than ill Administration First Only to be allowed in Cases of Necessity ibid. 14. Secondly In such Cases the People have as much right to it as the King Instance in the Sheriff of Warwickshire from Dr. Sanderson p. 68 15. Thirdly The wickedness either in King or People in pretending Necessity where there is none p. 69 16. King James's employing Popish Officers was such a Dispensation ibid. 17. And no Necessity for it unless such as was Criminal p. 70 18. King James dispensed with all when it was against Protestants p. 71 Sect. 4. Thirdly King James's dealing with Civil Offices and the Privy Council p. 72 1. Several outed notwithstanding Patents ibid. 2. Act of Parliament for voyding Patents Irish hereby made Keepâ—rs of Records which before they had corrupted when they could get to them p. 73 3. Revenue Officers changed for Roman Catholicks though to the Prejudice of the Revenue p. 74 4. Sheriffs and Justices of Peace from the Scum of the People ibid. 5. Privy-Councellors all in effect Papists p. 76 Sect. 5. Fourthly King James's dealing with Corporations p. 77 1. The Peoples security in these Kingdoms is the choice of Representatives in Parliament To preserve this Papists excluded from Corporations in Ireland Protestants had made great Concessions to the King by their New Rules for Corporations The King not satisfied with this but would have all p. 77 78 2. Rice and Nagle's managing of Quo Warranto's a horrid Abuse of the Kings Prerogative and the Law p. 78 79 3. Other methods of destroying Charters p. 80 4. Particular Corporations in Dublin how ordered ibid. 5. Voyding Charters led to voyding Parents for Estates ibid. 6. Corporations by the New Charters made absolute Slaves to the Kings Will. First by Consequence no free Parliament could be Returned Secondly Protestants could not serve in the Corporations p. 80 81 7. Protestants hereby driven from the Kingdom ibid. Sect. 6. Fifthly King James's Destruction of the Trade p. 82 1. Trade to be destroyed that the King might have his Will of his Subjects Poor People willing to serve for little in an Army as in France ibid. 2. In order to ruin the Protestants who were the chief Traders Driven hereby out of the Kingdom p. 83 3. This ruined a great many that depended on them ibid. 4. The Irish in employ who had the ready Mony gave it only to Papist Tradesmen p. 84 5. Exactions of the Revenue-Officers great discouragement to Merchants and Traders p. 85 6. Protestant Shoopkeepers quitted for fear of being forced to Trust ibid. 7. Transportation of Wooll connived at by Lord Tirconnell to ruin our woollen Trade p. 86 8. Roman Catholick principal Traders ruined also by King James by the Act of Repeal p. 87 Sect. 7. Sixthly King James's Destruction of our Liberty p. 88 1. No general Pardon at King James's Accession to the Crown Protestants hereby questioned for things in the Popish Plot on false Evidences ibid. 2. Protestants sworn into Plots and seditious Words Instance 1. In County Meath 2. In County Tipperary p. 88 89 3. New Magistrates in Corporations plagued Protestants p. 90 4. New Levies and Rapparee's imprisoned those that resisted their Robberies Instance in Mr. Brice of Wicklow Maxwel and Levis Queens County Sir Laurence Parsons p. 91 5. General imprisonment of Protestants from Midsummer 1689. to Christmas No Habeas Corpus's allowed Protestants of Drogheda barbarously used at the Siege and of the County of Cork by imprisonments p. 92 93 6. Hard Usage of Protestants in Prisons Powder placed to blow them up Leak's Evidence against the Prisoners in Dublin defeated by an Accident p. 93 7. K. James aware of all the ill Treatment of Protestants informed at large by the Bishop of Limrick All Protestants confined by his Proclamation to their Parishes p. 94 8. Arts to conceal this in England Intollerable staying in Ireland Necessary to close in with King William p. 95 Sect. 8. Seventhly King James's destruction of our Estates 1. By disarming the Protestants by Lord Tirconnell p. 97 1. Government dissolved that does not preserve Property ibid. 2. The Irish very low at the Prince of Oranges's Invasion Would easily have been brought to submit Protestants able to have mastered them Lord Mountjoy opposed seizing Tirconnell p. 97 98 3. Protestants resolved not to be the Aggressors were inclined to submit to King James till they found his destructive designs Monsieur d' Avaux complained of the Measures put on King James by Tirconnell p. 98 99 4. Tirconnell's Arts and Lyes to gain time pretending to be ready to submit to King William till he form'd his new Levies Lord Chief Justice Keatings Letters and Observations on it p. 99 5. New Levies necessary to be subsisted on Plunder This gave credit to the Letter to Lord Mount Alexander Decemb. 6. 1688. p. 101 6. And made Derry shut its Gates against the Earl of Antrims Regiment p. 102 7. Obliged to do thus by their Foundation p. 103 8. Provoked to it by the unjust taking away their Charter p. 104 9. This made also the Enniskiliners refuse two Companies sent by Lord Tirconnell and the Northern Gentlemen to enter into an Association for their own defence ibid. 10. Lord Tirconnell hastened to run them into blood before King James's coming p. 106 11. Justification of their declaring for their present Majesties ibid. 12. Their defence of themselves of great benefit to the Protestant Cause and almost miraculous p. 107 13. Lord Tirconnell's Lyes and Wheedles to Lord Mountjoy to send him to France p. 109 14. Lord Mountjoy's Reasons to accept it Articles granted to him by Tirconnell for the Protestants not kept p. 110 15. Lord Tirconnell proceeds to disarm the Protestants Manner of doing it and taking away their Horses A perfect Dragooning p. 111 16. Proclamation issued after it had been done by verbal Orders p. 113 17. The Arms for the most part embezled by the Soldiers who took them This had like to have occasioned a worse Dragooning prevented by the Bishop of Meath p. 113 114 18. The manner of taking up and embezling Horses p. 114 19. Miserable condition of the Protestants being disarmed amongst their Irish Enemies Protestants had the highest Legal Property in their Arms. The Government by taking them away must design their ruin p. 115 20. No Reason for disarming us but to make us a Prey p. 116 21. It was necessary in King James's Circumstances but the Necessity occasioned by his own fault ibid. Sect. 9. Secondly Lord Tirconnell's Attempts on the Protestants Personal Fortunes p. 117 1. Which he destroyed by encouraging Popish Tenants against their Protestant Landlords and swearing them into Plots Gentlemen forced to live for some time before the Turn on their Stocks p. 117 118 2. Forced into England with little ready Mony Many burnt out of their Houses in the Country Many robbed and some murthered
Thirdly From Orders about Garrisoning Mansion-Houses Sending the Protestant Owners to the Goal who must never have expected either their Houses or Lives if King James had prevailed ibid. Estates of Absentees disposed of and promised to Papists p. 162 20. Objection That King James did not know the Consequence of Repealing the Acts of Settlement ibid. Answer First King James understood them better than any and held ten thousand pounds a year by them when Duke of York ibid. Secondly King James would not hear the Protestants plead at the Bar against the Repeal p. 163 Thirdly Bishop of Meath in a Speech in the House set forth the ill Consequences at large ibid. Fourthly The Protestants opposed it from Point to Point ibid. Fifthly Protestants were resolved to use their utmost that the ill intents of their Adversaries might appear the more p. 164 Sixthly Lord chief Justice Keating's Paper given to King James in behalf of Purchasers rejected ibid. 21. Protestants lost more in Ireland than all that favour King James's Cause in England are worth p. 165 Sect. 13. Eighthly The danger into which King James brought the lives of his Protestant Subjects in Ireland ibid. 1. At King James's Coming no General Pardon though it had been his Interest in respect of England ibid. 2. Is not chargeable with particular Murders further than by arming such Men as would be guilty of them p. 166 3. The Governments Design upon our Lives ibid. First by feigned Plots and Protecting the Perjured Witnesses Instance in Spikes Case The Dumb Friar p. 167 Secondly By wresting Facts to Treason Nugent declar'd Protestants having Arms to be so p. 168 Thirdly By violating Articles Mr. Brown of Cork Town of Bandon Earl of Inchiquin Captain Boyle Sir Thomas Southwell and his Party Lord Mountjoy's Soldiers Fort of Culmore King James's approach to Derry Captain Dixy Kenaght Castle p. 169 170 Fourthly By violating Protections p. 171 Protestants of Down p. 171 Protestants brought before Derry by General Rosen Bishop of Meath applyed to King James about it King James excused Rosen p. 173 174 Captain Barton of Carrick Mac Cross p. 175 Fifthly By private Orders and Proclamations with the penalty of Death Several Instances p. 178 Sixthly By the Act of Attainder Abstract of it Archbishops 2 Duke 1 Temporal Lords 63 Ladies 22 Bishops 7 Knights 85 Clergymen 83 Esquires and Gentlemen 2182 2445 p. 179 180 Not equalled by the Proscription at Rome Great part Attainted on Common Fame p. 182 Observations on the Act ibid. 1. Leaves no room for the King to Pardon ibid. 2. The Act concealed Out of the Power of an English Parliament to Repeal it by the Act for cutting off Ireland from England p. 183 3. The hast in drawing it up ibid. 4. Many left out particularly the Collegians and how ibid. 5. Applications in behalf of Protestants made their Case worse p. 184 6. Allowing of time to prove Innocency a meer Collusion ibid. 1. None knew what time was given ibid. 2. None knew what they would call Innocency Instance Desmineer and Ginnery ibid. 3. The Embargo on this side would not let them know on the other side 4. The Embargo on the other side would not let them come hither 5. To have come would have been an unwise Venture p. 177 4. Objection That few Protestants lost their Lives p. 178 Answer 1. When it is known how many have perished they will not appear few ibid. 2. The Irish Papists would not venture at much Murthering till they were past an after Reckoning they feared such Cruelty would be revenged on Roman Catholicks in England ibid. 3. Protestants were cautious not to provoke them and were true to one another p. 179 4. We dont know what would have been done with Attainted Persons ibid. 5. Protestants if Obnoxious absconded or escaped ibid. 6. The Support of King James's Army depended on the Protestants p. 179 Scotch Officers that came here wondered to find how Protestants were used having heard so much the contrary at home p. 180 The same given out in England Pity but those who believed and forwarded it had been sent hither ibid. The Irish doing what they did in their Circumstances what would they have done if left to their swing ibid. Sect. 14. Ninthly The method King James took to destroy our Religion p. 181 1. The Attempts against our Lives and Fortunes no sudden thing but the result of a long Design for which Tirconnel had 20000 l. per annum ibid. 2. King James pretended Liberty of Conscience but not to be expected from a Roman Catholick ibid. 3. The Laws and Coronation Oath secured our Religion The Clergy had merited from King James by opposing the Exclusion and disobliged their People p. 182 4. At his coming to the Crown the Roman Catholicks declared that his Promises to the Church were not intended for Ireland p. 183 Sect. 15. First By taking away our Schools and Universities p. 184 1. Lord Tirconnell put the Schools contrary to Law into the hands of Papists ibid. 2. And would have put in Popish Fellows into the College ibid. 3. Stopt the College Pension of 388 l. per annum from Easter 1688. turned out the Fellows and Students seized on the Library and Furniture p 193 4. Forbid three of them on pain of Death not to meet together p. 194 5. King James did not fill up vacant Bishopricks and Livings in his Gift ibid. 6. And allowed nothing for supplying the Cures p. 195 7. All the Bishops and Livings in the Kingdom would soon have come into the Kings hands p. 196 8. This not the effect of our Constitution the same in Popish Countries Thirty five Bishopricks void in France in 1688. King James's Ungratefulness to the Protestant Clergy ibid. Sect. 16. Secondly By taking away the Maintenance of the Clergy p. 197 1. Book-Mony denyed by the Papists from King James's coming to the Crown ibid. 2. Priests put in for Tythes Hardly recovered by Protestants p. 198 3. An Act of their Parliament applied Papists Tythes to the Priests ibid. 4. And Protestants Tythes too when the Priests had the Benefices ibid. 5. The Priests forc'd into Possession of Glebes where there were any p. 199 6. Protestant Clergy little better for the Tythes left to them Protestants had little Tythings left Priests by Dragoons seized what there was never wanted Pretences ibid. 7. House-Mony in Corporations taken away by their Parliament Pleaded against before the House of Lords but in vain p. 200 8. The same took away Ulster Table of Tythes p. 201 9. Duties payable to the King out of Livings were exacted wholly from the Protestant Incumbents though they had nothing left to them of their Livings their Persons seized and sent to Goal ibid. Collonel Moore Clerk of the First Fruits imprisoned because he would not be severe against them p. 202 Sect. 17. Thirdly By taking away the Jurisdiction of the Protestant Church ibid. 1. The Churches Right by Prescription to Jurisdiction ibid. 2. Act
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
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
he did not see it dropt About the same time a Fryer was brought up to Town who pretended to be dumb and maimed the Popish Clergy gave out that Duke Schomberg had cut out his Tongue and thus maimed him and declared that he would serve all the Priests and Fryers after the same manner and they made proposals to revenge it on the Protestant Clergy King James caused the Fryer to be examined and discovered the deceit which falling immediately on Mr Spikes business made the King say in great Anger that for ought he saw the Protestants were wronged and misrepresented unto him and that there were some as great Rogues among the Roman Catholicks as amongst them The Fryers to acquit themselves of the Cheat got their Brother Fryer severely lasht pretending that he was a Spy and none of their Fraternity upon which he was carryed naked through the Town on a Cart in a Savage manner to execution as was suppos'd but was brought back and put into Prison from which after sometime he was dismissed and his Habit restor'd him Many such contrivances there were against the Lives of Protestants and they could not look on themselves as safe while such wicked Men were unpunished the Courts also declaring that the Witnesses though perjur'd could not be punisht because they Swore for the King 2 No Protestant was secure of his Life because the Courts wrested such facts to Treason as were not declared so by any Law Thus Cheif Justice Nugent declared it was Treason for any Protestant to keep Arms or wear a Sword after the King had forbidden it by his Proclamation and declared them Rebels that did so several Gentlemen in the Country had kept their Horses and Arm'd their Servants to watch them against the Robbers commonly call'd Rapparies that plundered them this was construed a Levying War against the King and the pretended Parliament Attainted them of High Treason In the County of Cork one Mr Brown had appear'd in a company of Men who endeavoured to make their escape from those that came to plunder them of their Arms and Horses but misliking the design went home to his own Houfe He was brought before Judg Dally for this at Limerick who upon examination of the matter dismist him judging him innocent of any crime that would bear an Indictment but he was taken up again for the same Fact at Cork and brought before Judg Nugent at the time when King James came first thither Judg Nugent seem'd at first to be of the same opinion with Judg Dally but after he had discours'd his Majesty he proceeded vigourously against the Gentleman and procured him to be found guilty by a partial Jury Every body lookt on this only as an occasion sought for the King to shew his Clemency Mrs. Brown the convicted Gentlemans Wife with five or six Children presented him a Petition begging her Husbands Life at his Feet as the first Act of Grace on his coming into the Kingdom but he rejected her Petition and notwithstanding she reinforc't it with all the Friends and interest she could make the Gentleman was hanged drawn and quartered This awakened all the Protestants in Ireland it made them remember the bloody Executions in the West of England on the account of Monmouth's Rebellion and how small a matter serv'd to take away Mens Lives there they suspected that Judg Nugent would act the same part in Ireland that Chief Justice Jeffreys had done in England and they knew that if the King did not interpose neither Juryes nor Witnesses would be wanting to destroy them in short they became very sensible that their Lives were in imminent danger when they saw a Gentleman of some Estate and Credit in his Country hang'd for being but in the Company for a little time without acting any thing of some others who endeavoured to make their escape from a Crew of Robbers that without Order or Commission came to Plunder them of their Horses and Arms they had the more reason to be Apprehensive of their Lives when they found that no Advantage was let slip against them nor any Articles or Promises however solemnly made to them for their safety and indemnity were regarded of which there were many Examples 3. At the time of the disarming February 24. the Town of Bandon near Cork being frightned and surpriz'd with such an unjust and sudden thing and not knowing where it would end shut up their Gates and turn'd out some Dragoons who were appointed to disarm them General Mac Carty went to reduce them and they believing him to be a Man of Honour yielded to him upon Articles for which they paid him 1000 l. ster by the Articles they were to be indemnified for what was past and a Pardon to be granted them Notwithstanding which Articles the Grand Jury at Cork by direction of Chief Justice Nugent found Bills against them resolving to serve them as he had served Mr. Browne and it was suppos'd that he was encouraged to do it by King James himself The time allowed him for the Assizes would not permit him to try them then and for this reason and on the Importunity and Menaces of General Mac Carty who being on the place thought himself obliged to make good his Articles he put off their Tryal till the next Assizes These Bills lay over their Heads no pardon was granted them and some of them were condemned in the Act of Attainder The Earl of Inchiquin and Captain Henry Boyle had put themselves under General Mac Carty's Protection and he engaged to secure them and their Houses but he did not perform his Promise for Castle-martyr belonging to Captain Henry Boyle with all the Improvements and Furniture to the value of some Thousands of Pounds were destroyed and plundered by his Soldiers assisted with the Rabble and he with the Earl were glad to provide for their safety by leaving all and flying into England In Connaught some Protestants got into Headford Castle belonging to Sir Oliver St. George to avoid the violence of the Rabble They were besieged by the Lord Gallway and surrendred on Articles of Pardon and Safety But at the next Assizes a Bill was prepared against them and presented the Grand Jury at Gallway the Jury tho Papists considered as they said that it might be their own Case another day and some stickled so earnestly against the Bill that there were not enough to find it However no body knew whether every Jury would be of that humour and no care was taken to discountenance such Proceedings Sir Thomas Southwell with some Gentlemen of Munster were unwilling to part with their Horses and Arms many of them having been robbed and plunder'd of their Stocks before and justly suspecting that as soon as their Arms were gone neither their Lives nor the remainder of their Substance could be safe They got together therefore with their Servants to the number of near Two hundred and resolved to march to Sligoe to joyn the Lord Kingston for their
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
Master of the Rolls Dennis Fitzgerald his Deputy Masters Dr. Alexius Stafford Popish Dean of Christ-church 2d May. Ignatius Berford Esq Dr. of the Laws 6th May. Dr. Matthew Kennedy 10 May. Dr. Michael Plunket a Romish-Priest 23 July Thomas Arthur Soldier Clerk of the Crown and Hanaper This is in Trust for Robert Arthur's Wife Niece to Lord Tyrconnel 1st Aug. William Dorrington Register James Nagle Cursitor and Ingrosser of all Original Writs Henry Temple Esq and Owen Coyle who was Indicted and Outlawed of Forgery Examinators Six Clerks John Newel John Maynard .... Power Thady Meagher John Herny and Geoghegan Baskervile Polewheel Pursuivant KINGS BENCH Thomas Lord Nugent Baron of Riverston L. Chief Justice 2d Justice Vacant not being worth Fees of passing Patent Sir Brian O Neil Baronet Third Justic. 6th July 1689. Randal Mac Donnel Esq Clerk of the Crown and Prothonorary Francis Nugent Deputy Prothonotary Brian Kerny Deputy Clerk of the Crown COMMON PLEAS John Keating Esq Lord Chief Justice 2. Justice Dennis Daly Esq 3. Justice Peter Martin Esq 23 Jan. 1689. Edmond Fitzgerald Esq Chief and only Prothonotary Richard Fenner his Deputy 16 Jan. 1689. Robert Barnwel Esq Custos Brevium and Chirographer James Nagle Clerk of the Outlawries EXCHEQUER Buno Talbot Esq Chancellor Treasurer Vacant Sir Stephen Rice Lord Chief Baron Sir John Barnwel Knight Second Baron Sir Henry Lynch Baronet Puny Baron 1st Aug. 1689. Oliver Grace Esq Chief Remembrancer Second Remembrancer not disposed of formerly an Office of great Perquisites but now not worth Fees of passing Patent 8 Aug. Walter Lord Dungan Clerk of the Common Pleas. Murtagh Griffin his Deputy Philip Dwyer his Sub-Deputy 6 Jul. 89. Richard Talbot of Malahide Esq Auditor General 23 Jul. 89. Chr. Malone Sergeant Dillon's Clerk Surveyor General This in Trust for Lady Tyrconnel and her Daughter married to Col Dillon 3 Oct. 1689. James Nagle Clerk of the Estreats and Summonister 24 October Richard Morgan Pursuivant 28 Nov. 89. Francis Stafford Esq Clerk of the Pipe 20 Dec. 89. Charles White Esq Clerk of the First Fruits and 20th Parts Marcus Baggot First Sergeant at Arms. 7 Jan. 1689. Thomas Haughton Second Sergeant at Arms. 16th Jan. Brian Mac Dermot Esq Clerk of the Pels and Tallies and Clerk of the Treasury 13 Feb. 89. Patrick Kennedy Gent. Comptroller of the Pipe 18 Feb. 89. Thady Meagher Clerk of the Errors This is on the Statute for Writs of Error from the King's-Bench to the Exchequer Chamber 27 February John Barry Gent. Chief Chamberlain Simon Carrick Second Chamberlain 6 March Oliver Grace Esq Transcriptor and Forein Opposer Lords Commissioners of the Treasury 9th July 89. Duke Tyrconnel Henry Lord Dover Lord Riverston Chief Justice Sir Stephen Rice Lord Chief Baron Buno Talbot Chancellor of the Exchequer and Mr. Adam Colclough Secretary 27 August Hugh Reilly Esq Clerk of the Privy Council Commissioners of the Mint in Dublin 26 Aug. 1689. John Trinder William Talbot Thomas Goddars Esq William Bromfield Francis Rice Edward Fox and Walter Plunket Gent. 31 Jan. 1689. Grant to Alderman James Malone and Rich. Malone of the Office of Printer General Commissioners of the Revenue Sir Patrick Trant Sir William Ellis John Trinder Richard Collins Fr. Plowden Esq Sir Theobald Butler Charles Playdel Secretary Receivers General Sir Henry Bond Lewis Doe Esq Nicholas Fitzgerald Solicitor Robert Longfield Clerk of the Quit-Rents and of Forfeited Estates c. N o 11. 2d June 1690. An Account of the General and Field Officers of King James's Army out of the Muster Rolls DUKE of Tyrconnel Captain-General Lieutenants-General Duke of Berwick Richard Hamilton Count Lozune General of the French Monsieur Leary alias Geraldine Lieut. General Dom. Sheldon Lieut. General of the Horse Major-Generals Patrick Sarsfield Monsieur Boisteau Antho. Hamilton Wahup Brigadeers Tho. Maxwell John Hamilton Will. Dorrington Solomon Slater Muster-master-General Robert Fitz-Gerald Comptroller of the Musters Sir Rich. Nagle Secretary at War Receivers General Sir Henry Bond Louis Doe Sir Michael Creagh Pay-master-General Felix O Neile Advocate-General Dr. Archbold Physician to the State Patrick Archbold Chirurgeon-General HORSE Duke of Tyrconnel Collonel Dom. Sheldon Lieut. Coll. Fra. Meara Major Lord Galmoy Coll. Laur. Dempsy 1st Lieu. Coll. Char. Carrole 2d Lieu. Coll. Robert Arthur Major Patrick Sarsfield Coll. Lord Kinsale Lieut. Coll. Roger Magilligan Major Hugh Sutherland Coll. Edm. Pendergast 1st L. Coll. Talbot Lassells 2d L. Coll. Will. Cox Major Lord Abercorne Coll. Lieu. Coll. Major Henry Luttrell Coll. Sir James Moclare Lieu. Coll. Major John Parker Coll. Tho. Gifford Lieu. Coll. John Metham Major Nicholas Pursel Coll. Lieu. Coll. Major DRAGOONS Lord Dimgan Coll. Lieut. Coll. Major Sir Neile O Neile Coll. Lieut. Coll. Major Lord Clare Coll. John Mac Nemara 1st L. Coll. James Philips 2d L. Coll. Francis Browne Major Symon Luttrell Coll Lieut. Coll. Edmund Moclare Major Robert Clifford Coll. Alex. Mackenzie Lieut. Coll. Major Fran. Carroll Coll. Tarens Carroll 1st L. Coll. Fran. Boismoroll 2d L. Coll. Major Tho. Maxwell Coll. Daniel Magennis Lieu. Coll. Callaghane Major FOOT Will. Dorrington Collonel of the Guards Will. Mansel Barker Lieu. Coll. Tho. Arthur Major John Hamilton Coll. James Nugent Lieu. Coll. Majors John Talbot 1st James Gibbons 2d Lord Fitz-James Coll. Edw. Nugent 1st Lieu. Coll. Porter 2d Lieu. Coll. Dodsby Major Earl of Clancarty Coll. John Skelton Lieu. Coll. Philip Rycaut Major Earl of Clanrickard Coll. Edmund Madden Lieu. Coll. Major Earl of Antrim Coll. Mark Talbot Lieu. Coll. James Woogan Major Earl of Tyrone Coll. Tho. Nugent Lieu. Coll. Richard Nagle Major Richard Nugent Coll. Lieu. Coll. Major Lord Gormanstowne Coll. Richard Eustace Lieu. Coll. Major Henry Dillon Coll. Walter Bourk Lieu. Coll. John Morgan Major Lord Galway Coll. John Power Lieu. Coll. Major Lord Bellew Coll. Nich. Fitz-gerald 1st L. Coll. Le Sir Doge 2d L. Coll. John Dowdale Major Lord Kinmare Coll. Lieu. Coll. Major Lord Slane Coll. Maurice Connell Lieu. Coll. Major Cormuck O Neile Coll. Lieu. Coll. Major Charles Cavenagh Coll. James Lacy Lieu. Coll. Gros. Pordevarande Major Tho. Butler Coll. D' Busby Lieut. Coll. Major Lord Kilmallock Coll. John Power Lieu. Coll. John Chapell Major Sir Maur. Eustace Coll. John Woogan Lieu. Coll. Major Sir John Fitz-gerald Coll. Lieu. Coll. Major Lord Lowth Coll. Lieu. Coll. Major Earl of Westmeath Coll. Mich. Delahoyde Lieu. Coll. Gowen Talbot Major Major-General Boisteau Coll. Monsieur Beaupre Lieu. Coll. Hurly Major Lord Bofine Coll. Will. Connock Lieu. Coll. John Bodkin Major Oliver O Gara Coll. Tady Connor Lieu. Coll. Major John Grace Coll. Robert Grace Lieu. Coll. Cha. Moore Major Edward Butler Coll. John Innis Lieu. Coll. Garret Geoghegan Major Art Mac Mahon Coll. Philip Reyley Lieu. Coll. Hâ—gh Magennis Major Charles Moore Coll. Ulick Bourk Lieu. Coll. ....... Major Dudley Bagnall Coll. James Power Lieu. Coll. .... Corbet Major Gordon O Neile Coll. Conn O Neile Lieu. Coll. Henry O Neile Major Nicholas Brown Coll. George Traps Lieu. Coll. Dermot Mac Auliffe
not hold for the Reasons aforesaid Thirdly There is no such thing as Restitution of Temporal Estates in England for they were wiser there than to lose their Estates though they would be free to consent or advise that others may so it is very free for the King to make any Settlement of any Spiritual or Temporal Estates there as he shall think fit notwithstanding any Settlement he makes in Ireland Now remains I think one Objection to solve which may give some Obstruction to this intended Settlement which is that of the Gown-men or others who made Purchases of some New Interests bona fide Must they lose 〈◊〉 Purchase and Money To which I answer That although it may be reply'd Caveat emptor especially to the Gown-men who knew best of all that horrid Act of Settlement or so called was most unjust and could by no true Law hold yet because they are Persons useful for the Common-wealth and acted bona fide seeing the Estate out of the Ancient Proprietors Hands by so many Publick Acts as it was not like ever to come to him again there ought an Expedient to be found for the like that they be not losers and that either they or the Ancient Proprietors may be recompensed one way or other rather than it should be an Obstacle to the common Good And so I have done with this matter which I leave and recommend to God and you This is all the advice I can now give upon this matter and the Observations I make by my Conversation and Acquaintance with the People this year past and I am sure I am not deceived in my Opinion of them in relatition to 78 nor in the reasons they will make use of to perswade you to neglect your own Interest to save theirs and I am no less certain 27 is all inclined that way So you are to look to your selves and whilst Sun shines to make your Hay Nune tempus acceptabile Nunc dies Salutis Dum ergo tempus habemus operemur bonum maxime ad domesticos fidei 92 if authoriz'd will make all this Court go in your way by shewing them it is their Interest of which he has laid some Foundations already There remains another Observation which is That a Benedictine English Monk called Price is gone thither with the King who pretends to play that we call here premier aâ—mosnier in England they call it Clerk of the Closet to the King which Father Peters had there And here it is always a Bishop Now the Bishop of Orleans whose Office is to assist the King at Mass and all other Ecclesiastical Functions as Chief when the Lord High Almoner is not present gives the orders and spiritual directions cum privilegio exceptionis in the King's Palace and Liberties of it Why should we in our Country have any in that place but one of our selves Let them take place in England and so why would not you have this place for your self there or get it for M. B. and exercise the Functions in his absence rather than a Stranger should have it before our face and laugh at us Now to other business you are to know your business in Rome is concluded upon and past all difficulties only remains the Expedition of the Bulls which you may ever move as you please The Expences whereof by Dr. Sleyn's great care and Sollicitation with the help of Cardinal Howard and means of Monsieur Casone Favorite to his Holiness are reduced to a hundred Roman Crowns though it cost Dr. Fuller for worse 170. notwithstanding all the Favours and Sollicitations which were many he could employ Dr. Sleyn this Seignior Cousin should be thanked by a Civil Letter to which I wrote one of which I here send you a Draught you No. 19. A List of all the Men of Note that came with King James out of France or that followed him after so far as could be Collected THe Duke of Berwick Mr. Fitz-James Grand Prior. Duke Powis Count D' Avaux Ambassador from France Earl of Dover Lord Henry Howard Lord Thomas Howard Lord Drummond Marquess D' Estrades Earl Melfort Lord Seaforth Bishop of Chester who died here and is buried in Christ Church Gourdon Bishop of Galway Hamilton Dean of Glasgow Sir Edward Herbert Sir John Sparrow Collonel Porter Mr. Pedle Monsieur Pontee Engineer Captain Stafford Captain Trevanyon Sea Capt. Sir Roger Strickland ditto Captain Arundel ditto Collonel Sarsfield Coll. Anthony Hamilton Coll. John Hamilton Coll. Symon Lutterel Coll. Henry Lutterel Coll. Ramsey killed at Derry Lord Abercorne Coll. Dorrington Major Thomas Arthur Lord Dungan Capt. Mac Donnel Sea Capt. Sir William Jennings Coll. Sotherland Sir Hen. Bond Receiver Gen. Mr. Collins Com. of the Reven Coll Clifford Coll. Parker Marshal de Rosene Lieutenant General Mamve killed at Derry Lieu. Gen. Pusignan kill'd there also Major General Leary Lord Trendraught Lord Buchan Major John Gourdon Lieutenant Coll. John Skelton Major John Ennis Major William Douglas Lieut. Coll. Hungate Major William Connock Sir Charles Carney Lieut. Coll. Alex. Mackenzy Major James Fountaine Major Teig Regan Lieut. Coll. Edward Scott Major Robert Frayne Major Symon O Hogherne Lieut. Coll. Bynns Coll. James Purcel Lieut. Coll. George Traps Major Robert Ingram Major Edmond Pendergast Major John Gifford Lord Hunsdon Coll. Lieutenant Collonel Francis Leonard Coll. Alexander Cannon went for Scotland Major Edmond Bourk Major James Dempsy Major Frederick Cunningham Coll. Robert Fielding Major Richard Hillersden Major Boepry Monsieur Boisâ—ean made Governour of Cork His Brother St. Martin Commissary of the Artillery killed at Cromp-Castle Sir Edward Vaudrey Sir Charles Murray Sir Robert Parker Chaplains viz. FAther Nich. Dunbar Father Dan. Mac Ayliffe Anthony Mac Gwyre Nicholas Trapps John Madden Austin Mathews Laurence Moore Father Edmond Reyly John de Gravell John Hologhan Father Richard Peirce Patr. Aghy Darby Daley Thady Croley Danniel Mac Carthy Chirurgeons viz. JOhn Brunton Thady Regan Jo. Baptista Monlebeck Charles Stapleton John James Aremore John Cassel Edmond Tully Nicholas Reynard Captains WIlliam Charters William Oliphant Robert Charters Peter Blare Thomas Brown Francis Creighton James Buchan Alexander Gourdon George Lattin Sir Alphonso Moiclo John Baptista du Moll John Mollins John Wynnel John Fortescue Robert London George Roberts Thomas Scott James Fitz Symons William Gibbons William Delaval Mau. Flynn Richard Scott Connor O Toghil Anthony Ryan Rupert Napier Terence O Brian Edmund Kendelan Henry Crofton Richard Anthony Edmund Nugent John Plunkett John Dungan Rowland Smyth Gowen Talbot Simon Barnwell John Broder John Cavenagh Edmund Stack Walter Hastings Edward Widdrington Samuel Arnold Robert Welsh David Rock Charles Booth Jornoe Robert Fielding Francis Gyles John Barnardy Anthony Power John Chaple Rowland Watson Thomas Arundel Robert Hacket Sir William Wallis Richard Burton Cornelius Mac Mahon Talbot Lassels Richard Bucker Charles Fox Anthony Vane Strickland Tyrwhit John Manback Francis Cullange John Lumendato Fran. Lappanse Bernardo Buskett Jos. Pamnett Captain Millio George Coney Chevalier Devalory Sir Samuel
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
Interest to it 4. And no wonder if it be true what is reported of him that he resolved to die a Martyr rather than not settle his Religion and that he had rather die the next day that Design being compassed than live fifty years without effecting it All which sufficiently explains that which seemed a Riddle to many how King James should be so very hard on his Protestant Subjects when his Interest required that he should treat them with all imaginable kindness especially in the present Circumstances of his Affairs whilst in Ireland The Reasons of his acting contrary to his Interest in so palpable an instance were either from the Persuasions of his ill Counsellors who assured him that they would so order the Matter that what he did in Ireland should not be heard of or not be believed in England or else from a settled Resolution not to mind any Interest which came in competition with his grand Designs of advancing Popery and the Slavery of the Nations To effect which it is manifest he was content to be a Vassal to France for whosoever calls in a potent Neighbour to his assistance must reckon that will be the consequence if he get the better by his Means of which the Irish themselves were sensible when they saw the French Succors landed and the Protestants could not but conclude that King James was so intent upon destroying them that so he compassed that Design he cared not if he enslaved himself and the Kingdoms 5. Nor had the Services of any towards him more influence on him than his own Interest Never had any Prince fairer Opportunities to distinguish his Friends from his Enemies than King James the struggle he had to get to the Crown was so long and the issue so doubtful that there was no Temptation for any one to dissemble his Thoughts towards him and never had Subjects a fairer opportunity to serve and merit from a Prince Now his Carriage to those that then proved his Friends who against their own Interest and against the Endeavours of the most powerful and most diffused Faction that ever appeared in a Kingdom set the Crown on his Head is a plain demonstration of what force Merit or Service were with him towards altering his private Designs No sooner did it appear that those who were against the Exclusion designed to preserve the Kingdom as well as the Succession but he abandoned them and not only laid them aside but further exposed them to the revenge of those very Men that they had provoked by espousing his Quarrel It is no news to any how King James cast off his fastest Friends when he saw that they would not proceed after his Measures to destroy the Liberty and Religion of their Country and took into his Bosom and Council those that had been his most bitter Enemies when he perceived that they would assist him in that Design Which is a plain demonstration that he had no regard to Services or Merit further than they tended to enslave the Nations and destroy the settled Religion But no Protestant that had any value for his God his Conscience or Country could pretend to this Merit and therefore in the King's Opinion he could do nothing that his Majesty would count a Service King James had no desire to be served by Protestants as was manifest by his turning many out for no other reason but because they would not change their Religion By preferring Papists to all Places of Trust and Profit tho not so deserving or well qualified for them as those that possessed them By his declaring that he would have all that did eat his Bread of his own Religion If therefore he employed any it was for a colour either to cover his Partiality or because he could not find a Papist fit for their Places or because he believed that in time he might gain them to be of his Religion or lastly because he had some odious Work to do which he thought he could the better excuse if he could get a Protestant to do it where these Reasons ceased he never employed any But it is observable where he did employ them tho their places were considerable yet they never had the Interest with him or power proper to their place but were mere Cyphers in it Thus he made Sir Edward Herbert Chancellor of England and caused a Seal to be cut for him but he never allowed him that Interest with him or had that regard for him in Councils that his place required The puny Papist Judges had more influence on the King and could make bolder with him than he he was not admitted to the Secret of Affairs at all and at the publick Councils he was set below Fitton Chancellor of Ireland and several others whom I am informed whilst employed as Chancellor of England and in his Masters presence he ought to have preceded But generally Protestants were only admitted to inferior places and for the most part with a Companion and they had only the Name their Companions must do all and they durst not contradict them and tho they were intitled to rise according as Vacancies fell yet some inconsiderable Papist was sure to get the start of them and to be put over their Heads so that it was never in their power to serve the King considerably or merit at his Hands If they did chance to do any thing signal yet their Enemies had so much the advantage of King James's Ear that they were sure to be misrepresented and what those said having the dead Weight of Religion to help it did generally with him outweigh the Protestants Service Of this Sir Charles Murry is an Instance he followed King James through France to Ireland and all along appeared zealous for his Service Yet because he professed himself a Protestant upon his landing at Kinsale some that had an ill will to him prevailed with the King to clap him up a Prisoner in the Fort of Kinsale where he lay without being able to learn any Reason for his Confinement from the twelfth of March 168â— â— till toward the end of the following Summer and then they had occasion for him to help to order their Camp and fortifie Ardee which procured him his Liberty tho he never could have the satisfaction to learn either his Crime or his Accuser My Lord Forbess Son to the Earl of Granard is another remarkable Instance When the pretended Parliament sate in Dublin both Houses were informed that my Lord Forbess adhered to King James's Interest in England and that he was a Prisoner in the Tower upon that account his Friends thought it proper to improve this occasion with the King and the Parliament to save my Lord's Estate at Mollingar which he holds under the Act of Settlement And this seemed the more feasible because the Lands did if not all yet for the most part formerly belong not to private persons but to a Corporation But all the Interest could be made did not
of Money to compound the Matter This Trick was very common and at last no Protestant tho he had ever so good Evidence against a Papist durst prosecute him for he was sure to be acquitted and then the Prosecutor was liable to the Revenge of an Action of the Case and the Damages that a Popish Jury pleased to give against him 12. There is an Act of Parliament 10 Henrici 7. cap. 12. That forbids keeping Guns or Ordnance without License from the Lord Lieutenant or Deputy The Design of it was to prevent the Irish from fortifying themselves in their little Castles whereby at that time they created the Government great Trouble and raised daily Rebellions But the Lord Chief Justice Nugent interpreted this to the disarming of all Protestants and because there chanced to be a Sword and Case of Pistols found September 6 1689 in some outward by place in Christs Church Dublin one Wolf the Subverger was committed to Newgate indicted and found guilty and had good luck to escape with his Life the Chief Justice declaring it was Treason tho Wolf was only indicted for a Misdemeanour 13. But had the Laws been in never so good Hands it could not have secured us from Destruction when the King who designed that Destruction against us pretended to be above all Laws and made no Scruple to dispense with them every Law in these Kingdoms is really a Compact between the King and People wherein by mutual consent they agree on a Rule by which he is to govern and according to which they oblige themselves to pay him Obedience But there is no general Rule but in some Cases it may prove inconvenient it is therefore agreed by all that in Cases of sudden and unforeseen Necessity there is no Law but may be dispensed with but then first it is observable that this Necessity must be so visible and apparent that all reasonable Men may see and be satisfied that it is not pretended and where the Necessity has been thus real no Man can shew that either the People or Parliament ever quarrelled with a King for using a dispensing Power 14. Secondly It must be observed that this Power of Dispensing in Cases of Necessity is mutual and belongs to the People as well as the King it being as lawful for a Subject in Cases of Necessity to dispense with his Obedience to a Law nay with his Allegiance to his King as for a King to dispense with the Execution of a Law or the exacting Obedience and this mutual power of dispensing with the Laws which are publick Compacts in Cases of Necessity is tacitly understood in them as well as in all other Covenants Doctor Sanderson proves this Power of Dispensing to belong to the People as well as to the Prince in his tenth Praelection N. 21. and he gives an Example in N. 22. The Case is thus The Conspirators after the Gunpowder Treason was discovered fled into Warwickshire and made an Insurrection the Sheriff raises the Posse Comitatus against them they fled from thence into Worcestershire where by the Law the Sheriffs of Warwick could not follow them but the Sheriff dispensed with the Law Judging saith he as he ought to have done That if he would perform right the Office of a good Subject the Observation of the Law in that Case of Necessity was very unseasonable and he ought to obey the Supreme Law which is the Safety of his Country The Sheriff did accordingly and was highly commended by King James the First for it There might be many Examples of this kind given in which the People are allowed to dispense even with their Allegiance in case of Necessity It is against the Allegiance of a Subject to own the Power of an Usurper to bear Arms to judge of Life and Death or administer Justice between Man and Man by his Commission and yet Dr. Sanderson determines it to be the Duty of a good Man to do all these if required by an Usurper Praelect 5. N. 19. and accordingly we find Judge Hales acted under the worst of Usurpers Oliver Cromwell and executed the Office of a Judge as may be seen in his Life 15. Thirdly 'T is the most wicked as well as hazardous thing that a King or People can do to pretend a necessity for dispensing with those publick Compacts when the pretence is not real for the publick Faith is hereby violated the party unconsulted is abused a just reason of Distrust raised between the King and People and they of the two that assume to themselves this power of dispensing upon a pretended not real necessity in Cases of great Moment to the Kingdom are in a fair way to lay a real necessity on the other party to dispense with their part of the Compact that is to say if the King will pretend a Necessity where there is none for his not governing by Laws in Cases that concern the common safety of the Kingdom he gives a shrewd Temptation and a justifiable Colour to his People to dispense with their Submission and Allegiance to him And it is full as good a Reason for a Peoples taking Arms to defend themselves against illegal Violence to alledge that they were necessitated to do so to prevent the Ruin and Destruction of them and their Posterity as it is for a King to alledge that he uses illegal Officers and Force to preserve himself and his Kingdoms And if the Allegation be real I do not see why it should not justifie the one as well as the other tho the one be against the Oath of Allegiance and the other against the Coronation Oath Cases of extreme Necessity being tacitly excepted in both Kings therefore that take on themselves to dispense with Laws without the consent either tacit or express of their People give an ill Precedent against themselves and must blame themselves if their People taught by them return it upon them 16. 'T is plain the Officers employed by King James in Ireland both Civil and Military were unqualified and uncapable by Law of those Employments If Lord Tirconnell for instance claimed Subjection of us by the Laws I do not see why he should expect the People to be better Observers of the Laws than he was Suppose that it was against the Law for them to resist him it was likewise against the Laws that he should command them if he dispensed in one Case they only dispensed in the other and in this Case it was as lawful for the one to dispense as the other I suppose the only Reason in a settled Government why one Man can claim our Submission and not another is because the known Laws give the one and not another the power of commanding but the Laws as well as the Interest of this Kingdom said positively that the Earl of Tirconnell and Men of his Character and Religion should not have any Office Civil or Military and therefore those Protestants that stood on their Defence against him
a hundred Charters or thereabouts upon such little Exceptions and pittiful Cavils that it must be the greatest affront to the understanding of Mankind to think to put such on them for Justice and the greatest profanation of the name of Law to endeavour to pass such Proceedings for Legal Admit that a Corporation which is an invisible Body in Law could do any thing to destroy its own being or that it were reasonable it should be divested of a particular Privilege which it has manifestly abused or when by alteration of Circumstances such a Privilegde becomes a Prejudice to the Publick as it sometimes happens Yet to Dissolve all the Corporations in a Kingdom without the least Reason or Pretence of abuse of Priviledge or Forfeiture to take advantage from the Ignorance of a Lawyer or the mistake of a Clerk nay to pretend these when really there is no such thing is such an abuse of the Kings Prerogative and the Law that it is enough to make the People oppressed by colour of them to hate both at least to wish the Administration of them in other Hands and this was clearly the Case of the Corporations in Ireland The City of Dublin was not allowed so much time to put in their Plea as was really sufficient to transcribe it as it ought to have been The Clerk mistakes the Date of one of their Charters they pray leave to mend it this is denyed them and the Chief Baron gives Judgment The same Term the Charter of Londonderry in which the City of London was so deeply concerned was condemned on a yet more frivolous Pretence upon which the Chief Baron gave Judgment against the Charter And upon the like wrangling Cavils were the rest dissolved except a few which were on Noblemens Estates Some of these Noblemen employed Roman Catholick Agents or Receivers who so managed their Estates for them as chiefly to encourage Papists and now became the Instruments to betray their Corporations Those Agents employed the Power and Interest they had amongst their Masters Tenants by Threats and Intrigues to procure Surrenders and by these means some few were influenced Thus one Potter a Papist employed as a Receiver by the Earl of Kildare betrayed his Lord and prevailed with Athy and some other Corporations on his Estate to Surrender 3. Whether they did not think fit to destroy the Charters upon their usual and trivial pretence of defective Pleading there they found out other Expedients without Tryal to destroy them And that was by granting a New Charter as in the Case of Bangor in the County of Down to such Men as the Attorney General thought fit who by the Sheriff should be put in Possession of the Government of the Town and then if the former Possessors thought themselves injured they might bring their Actions against the Intruders in the Tryal of which they had Reason to expect no more fairness than they found in the Proceedings against their Charters 4. This Contrivance of superseding a former Charter by granting a new one served to very good purpose There were many particular Charters granted to Corporations in the City of Dublin Such were the Corporations of Taylors Skinners Feltmakers c. where these refused to Surrender they got a few of the Trade to take out a new Charter by which Papists were constituted Masters and Wardens and as soon as they had taken it out they committed to Prison such of the ancient Members as would not submit to them 5. Every Body dreaded the Effects of these Proceedings the Gentry considered that they held their Estates by Patents from the King and the Title was no stronger than that of a Charter And if Men were outed of their Priviledges and Freedoms by such Tricks and Shaddows of Law they began to fear that one day or other the like might be found to void their Patents 6. As soon as the Corporations came to be supplied with new Charters it plainly appeared that no English or Protestant Freeman could expect a comfortable Life in Ireland for in the first place the Corporations were made absolute Slaves to the King's Will it being one Clause in all the new Charters that the King 's chief Governor should have power to turn out or put in whom he pleased without giving any Reason and without any Form of Legal Proceeding by which the Corporations were so much in the King's Power that he might with as much reason have named his Regiment of Guards a Free Parliament as the Burgesses return'd by such Elections The whole Kingdom had therefore reason to resent such Proceedings as being absolutely destructive to their Liberties but more especially the English Protestants for it plainly appeared in the second place that all this Regulation was more immediately designed for their Destruction The persons every where named for Aldermen and Burgesses in the new Charters being above two thirds Papists some few Protestants were kept in for form sake that they might not seem absolutely to discountenance them and to avoid discovering their Designs of turning them out of all but yet so few in comparison of the Papists that they were incapable of doing either good or hurt And when they saw that they must be insignificant they generally declined serving at all The Papists employed were commonly the most inveterate and exasperated persons against Protestants and their Interest that could be found Many of them never saw the Corporations for which they were named they were never concerned in Trade or Business many of them were named for several Corporations because they wanted Men qualified as they would have had them to make up the number of Aldermen or Burgesses Most of them were poor and mean and such whose very Names spake Barbarities 7. The Protestants foresaw very well what they were to expect from Corporations thus settled and a great many of the richest trading Citizens removed themselves and their Effects into England The Gentry likewise endeavoured to make Provisions for themselves there and such as could compass Money laid it out in England and fled after it to avoid the Storm they saw coming on Ireland The Truth is 't was intolerable to them to live under the Government of their Footmen and Servants which many must have done had they staid and they could not but dread a Parliament that should not only be Slaves to the King's Will who they saw was bent to settle Popery at any rate but which must consist of Members that they knew to be their inveterate and hereditary Enemies who would not stick to sacrifice the Liberties and Laws of the Kingdom to the King's Will so they might procure from him Revenge on the Protestants and turn them out of their Estates For what would they stick at that were so servile as to accept such precarious Charters They saw in this their own Ruin design'd and the Event has shewn that they were not mistaken perhaps no King in the World much less a King who had been obliged in
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
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
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
this but rather than depend on the Faith of King James or his Party chose to suffer the utmost Extremity The Breach of Articles by my Lord Galmoy to Mr. Dixey a Young Gentleman Son to the Dean of Kilmore and Mr. Charlton was yet more barbarous the Lord Galmoy went down in March 168 to the County of Cavan and surpriz'd these two Gentlemen he had a Party of the Army with him and took up his Quarters at Belturbet His two Prisoners were to be exchanged for one Captain Mac Gwire then Prisoner at Crum a small Castle and the only place that stood out against King James in that County the owner of the Castle was one Captain Creighton who permitted Captain Mac Gwire to go to Belturbet on his parol to be a true Prisoner Mac Gwire so negotiated the matter that he return'd with a Summons and proposals as well for Inniskilling as the Castle of Crum and he suppos'd them not averse to a Surrender on good terms but the Lord Galmoy immagined that these Proposals would make the People of Crum secure and therefore that very Night without waiting for any answer he march'd to the Castle before they were aware and had almost surpriz'd them but the resolution of those within prevented the success of his perfidious design and forc'd him back without being able to do any other mischeif than the venting his Anger on his two Prisoners whom after his return to Belturbet he contrary to his Faith and Engagement hang'd on a Sign-Post and suffer'd their Bodies to lie unburied and be barbarously abused This was Captain Mac Gwires own account of the matter the consequence of which falshood was that those People would never hear of any terms afterwards and upon trial found much more safety in their Arms than in the Promises of King James or of any of his Party having baffled and cut off several considerable Bodies of his Forces sent against them and taken many and considerable prisoners whom yet they used with all Humanity as it were to reproach the barbarous and perfidious usage which their Prisoners met with but it was avowed and profest by the generality of King James's Men that they did not look on themselves to be obliged to treat the Rebels of the North as they call'd them as fair Enemies but as Traitors and infamous Persons whom they might destroy at any rate In the County of Longford some Protestants got into the Castle of Kenaught belonging to Sir Thomas Newcomen his Lady and those with her surrendred it on Articles January 13. 1689 to Brigadier Nugent slain afterwards by the Inniskillin Men at Cavan one of the Articles was for the Goods belonging to those in the House and their Friends notwithstanding which Nugent seiz'd and took away several parcels of Goods and several that were in the House as soon as they came out were plundered and stript naked Another Article was that the House of Kenaught should not be Burnt nor Injured notwithstanding which it was burnt to the Ground by Colonel Cohannaught Mac Gwire In short it was observ'd that amongst all the Articles into which King James or his Officers entred they never kept any to Protestants 5 A fifth Invasion on our Lives was that both King James and his inferiour Officers took on them to dispose of them by private Orders and Proclamations the penalty of violating which was often present Death thus the Proclamation that required us to bring in our Arms was on the Penalty of being left to the discretion of the Soldiers which was to expose our Lives and Fortunes to the Mercy of our greatest Enemies By a Proclamation dated July 20th 1689 all Protestants are required to bring in their Swords and other Arms on penalty of being dealt with as Rebels and Traitors The Proclamation dated June 15. 1690 forbad any to change a Guiney c. for more than 36 s. in Brass under pain of death and Colonel Lutterel published a Declaration forbidding more than five Protestants to assemble together or to be out of their Lodgings after Ten of the Clock at Night on the same Penalty the Declaration was of his own Penning and to gratifie the Curious I have put it in the Appendix the order to the Ministers to number the Protestants was likewise Penned by him and in it he declared that every one who did not enter in their Names by a certain Day should be treated as a Spy or Enemy nay sometimes he took on him to make Death the penalty of his verbal orders without a Declaration published Thus he commanded the Fellows and Scholars of the Colledge of Dublin upon pain of Death not to meet together or converse above Two or Three at a time and he would needs hang Mr. Piercy the Merchant as I shewed before without any notice given for saying that he was unwilling to part with his Goods In April 1690. The Quarter-Sessions for the County of Dublin were held at Kilmainham near Dublin Colonel Lutterel Governour of Dublin was on the Bench and in a Speech declared that King James wanted Wheat and other Grain for his Horses and that he had given the Countrey Farmers Three Weeks to bring in their Corn and had waited for their complyance during that time that he resolv'd to wait further til the Saturday after and if they did not bring it in by that time he would compel them that it was the King's will they should do it and he the King's Servant who would see his Masters Commands Executed and with a grear Oath swore he would hang that Man before his own Door that did not obey and bring in his Corn according to order Of this Speech the whole Bench and Country were Witnesses May the 7. 1690. the Lord Mayor thought fit to reinforce a former Proclamation about the rate of Goods in the Market but Colonel Lutterell did not think the Mayors Order sufficient and therefore published an Order of his own by beat of Drum declaring that whoever transgrest the Lord Mayors Order either by buying or selling should be hanged before their own doors About the same time Brigadier Sarsfield Published an Order requiring all Protestants on the borders to leave their Houses and retire Ten Miles from the Frontiers on pain of Death These were the Laws King James's Council and Ministers prescribed us by their Proclamations and Orders and these were the Acts of his Generals and Governours whom he made Guardians of the Lives and Fortunes of Protestants and yet they all came short of the inhumanity of his Parliament 6. It has been usual in Parliaments to attaint notorious Rebels and Traitors who were too strong for the Law or who being kill'd in their Rebellion could not be tryed or condemned by the ordinary course of it and when one or two in a King's Reign were thus attainted upon the most evident Proof and notoriety of the Fact it was counted a great matter even in the late Irish Rebellion none were attainted
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
and Corn belong'd to Protestants by these and other such Contrivances from the year 1686. till King James's Power was put to an end by the Victory at the Boyn hardly any Protestant enjoy'd any Tythes in the Country all which was represented to the Government but to no purpose 7. In Corporate Towns and Cities there was a peculiar Provision made for Ministers by Act of Parliament in King Charles the Second's time by which Act the Houses in those Places were to be valued by Commissioners at a moderate value and the Lord Lieutenant or chief Governour for the time being did assign a certain Proportion for the Ministers maintenance not greater than the Twentieth part of the yearly value return'd by the Commissioners That therefore the City Protestant Clergy might not be in a better condition than those in the Country an Act was past in their pretended Parliament to take away this altogether the Clergy of Dublin desir'd to be heard concerning this Act at the Bar of the House of Lords before it past and their Council were admitted to speak to it who shew'd the unreasonableness and unjustice of it so evidently and insisted so boldly on King James's Promise to the Protestant Clergy at his first arrival in this Kingdom when he gave them the greatest assurances of maintaining them in their Rights and Priviledges and further bid them if aggriev'd in any thing to make their Complaints immediately to him and engaged to see them redrest that he seemed to be satisfied and the House of Lords with him yet the design to ruin them was so fixt that without offering any thing by way of Answer to the Reasons urged against it the Act past and thereby left the Clergy of the Cities and Corporate Towns without any pretence to a maintenance except they could get it from the voluntary Contributions of their People nay so malicious were they against the Protestant Clergy that they cut off the Arrears due to them as well as the growing Rent having left no means to recover them as appear'd upon Tryal at the Council-board afterward when some of the Clergy petitioned for relief therein 8. Upon the Plantation of Ulster 1625. there was a Table of Tythes agreed on by the King and Council and the Planters to whom the Grants were made by the King obliged to pay Tythes according to that Table the pretended Parliament took away this Table also for no other Reason that we could learn but because most of the Inhabitants of Ulster were Protestants and consequently the Protestant Clergy would pretend to them 9. The Livings of Ireland were valued by Commissions in Henry the Eight and Queen Elizabeths time and paid First Fruits and Twentieth Parts according to that valuation other Livings were held in Farm from the Crown and paid yearly a considerable reserved Rent commonly call'd Crown Rents others appertain'd to the Lord Lieutenant and other Officers of State and paid a certain rate of Corn for their use commonly call'd Port Corn. Now all these Payments were exacted from the Protestant Clergy notwithstanding the greatest part of their Tythes were taken from them The remaining part where any remained was seiz'd in many Places by the Commissioners of the Revenue and a Custodiam granted of it for the King's use for the payment of the Duties which accru'd out of the whole and not one Farthing allow'd for the Incumbent or the Curate nay in some Places they seiz'd the Incumbents Person and laid him in Jail till he paid these Duties though at the same time they had seiz'd his Livings and found that they were not sufficient to answer what they exacted and because the Clerk of the First Fruits Leiutenant Colonel Roger Moore being a Protestant himself would not be severe with the Clergy and seize their Livings and Persons to force them to pay what he knew they were not in a capacity to do they found pretence to seize his Person and sent him with Three Files of Musquetiers Prisoner to the Castle of Dublin where he and two Gentlemen more lay in a cold nasty Garret for some Months By these Contrivances the few Benefices yet in the hands of the Protestants instead of a support became a burthen to them and they were forced to cast themselves for a maintenance on the kindness of their People who were themselves undone and beggar'd SECT XVII 3. King James took away the Jurisdiction of the Church from Protestants 1. IT is impossible any society should subsist without a power of rewarding and punishing its Members now Christ left no other power to his Church but what is purely Spiritual nor can the Governours of the Church any other way punish their Refractory Subjects but by refusing them the Benefits of their society the Administration of the Word and Sacraments and the other Spiritual Offices annexed by Christ to the Ministerial Function But Kings and Estates have become Nursing Fathers to the Church and lent their Temporal power to second her Spiritual Censures The Jurisdiction therefore of the Clergy so far as it has any Temporal effect on the Bodies or Estates of Men is intirely derived from the Favour of States and Princes and acknowledged to be so in the Oath of Supremacy However this is now become a right of the Clergy by ancient Laws through all Christendom and to take it away after so long continuance must needs be a great blow to Religion and of worse Consequence than if the Church had never possessed it yet this was actually done by King James to the Protestant Clergy and is a plain sign that he intended to destroy their Religion when he depriv'd them of their support 2. For first he past an Act of Parliament whereby he exempted all that dissented from our Chruch from the Jurisdiction thereof and a Man needed no more to free him from all punishment for his Misdemeanors though only cognizable and punishable in the Ecclesiastical Courts than to profess himself a Dissenter or that it was against his Conscience to submit to the Jurisdiction of our Church nay at the first the Act was so drawn and past the House of Commons that no Protestant Bishop could pretend to any Jurisdiction even over his own Clergy but that and several other passages in the Commons Bills were so little pleasing to some who understood the King's Interest that Sir Edward Herbert was employed by King James to amend the Act for the House of Lords which he did in the form it is now in nothing of the Commons Bill being left in it but the word Whereas tho after all it effectually destroyed the Jurisdiction of the Church 3. But second in most places there was no Protestant Bishop left and consequently the Popish Bishop was to succeed to the Jurisdiction they being by another Act invested in Bishopricks as soon as they could procure King Jame's Certificate under his privy Signet that they were Archbishops or Bishops all incapacities by reason of their religion by any Statute
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
Provided that in case it happen that any of the Persons hereby Attainted or to be Attainted do now abide or dwell in this Kingdom and are amenable to the Law that then and in such case if such Person and Persons do by the Tenth day of August One thousand Six hundred Eighty nine without compulsion of his own accord come in and deliver himself to the Lord Chief Justice of your Majesties Court of Kings-Bench in Ireland or to any other of the Judges of the said Court or of any other of your Majesties Four Courts in Dublin or to any Judge of Assize in their Circuits to be charged with any Treason to be charged or imputed to him or them that then and in such case such Person and Persons if after acquitted by the Laws of this Land or discharged by Proclamation shall be freed dlscharged and acquitted from all Peins Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary in any wise notwithstanding And whereas the several Persons hereafter named viz. John Veazy Lord Archbishop of Tuam Arthur Chichester Earl of Donnegal Folliot Wingfield Viscount Powers-Court William Morton Lord Bishop of Kildare William Smith Lord Bishop of Raphoe Narcissus Marsh Lord Bishop of Fernes and Laughlin Edward Jones Lord Bishop of Cloyne Capel Wiseman Lord Bishop of Dromore Sir John Peyton Baronet Sir Thomas Domvile of Temple oge Baronet Sir Arthur Jones of Osberstown Baronet Sir John Morgan Baronet Sir Edward Crofton of Mose Baronet Sir Henry Bingham of Castlebarr Baronet Sir William Evans Baronet Sir Abel Ram Knight Sir John Coghil of Drumconragh Knight Sir William Wentworth of Dublin Knight Sir Henry Ponsonby Knight Sir William Lemon of Knockanelewer Knight Sir John Dillon of Lismullin Knight Sir Robert Cole of Ballymackey Knight Sir Toby Poynes of Brecknock Knight Bartholomew Vanhumrigh of the City of Dublin Merchant Philip Crofts Gent. Stephen Ludlow Esq Anderson Sanders Esq Robert Pooley Gent. Luke Lowther late Alderman Abraham Tarner Esq Edward Harris gent. Robert Bridges Esq William Swift gent. Dr. Ralph Howard John Linegar late of Dunbree Henry Ashton Glover Edward Reyly gent. Adam Swift gent. Thomas Putland Merch. John Carr gent. Matthew French Jun. Samuel Jackson gent. Henry Salmon Merch. Charles Carter Sadler Henry Ecclin Esq late one of his Majesties Sergeants at Law Nehemiah Donneland Esq Counseller at Law Peter Westenra Esq Henry Monk Esq William Manle Esq Murtagh Dowling Esq Isaac Dobson Esq Robert Stopford Esq Robert Peppard Esq John Gowrney Esq Thomas Tilson Esq Joseph Deane Esq late Seneschal of St. Pulchers Liberties James Grace Esq late Seneschal of Christ-Church Liberties Robert Sanders Esq Robert Alloway Esquire late one of the Officers of the Ordnance Doctor .... Miller John Thompson late Agent for the Commissioners Thomas Spranger late Examinator of the High Court of Chancery Captain James Gardner of Pimlicoe Capt. Thomas Cooke of St. James's Street Capt. John Rawlins of Strand Street William Ralphson Gent. William Scott gent. Temple Briscoe gent. William Ormsby gent. Anthony Nixon gent. John Bate gent. Richard Thompson gent. Benjamin Chitwood Thomas Osborne gent. John Gardner gent. John Theacker gent. Giles Spencer gent. Jacob Peppard gent. Michael Harborne gent. Andrew Lloyd gent. Isaack Ambrose gent. Jeremiah Roscoe gent. Philip Harris gent. Richard Flemming gent. William Tisdall gent. Christopher Caldwell gent. Thomas Carter gent. Charles Grolier gent. Faustine Cuppage gent. Richard Hacket gent. Charles King gent. John Rotten gent. Henry Reeves gent. Zachary Foxal gent. Thomas Fisher gent. Gilbert Holmes gent Thomas Sisson Scrivener John Gay the younger Charles Campbel gent. Thomas Twigg gent. Daniel Cooke gent. Edmond Reynel gent. Samuel Frith gent. George Osborne gent. John Edge gent. John Hill gent. Robert Curtis gent. John Curtis gent. Henry Whitfield and .... Whitfield Sons to Counsellor Whitfield Mordecay Abbot gent. Tobyas Creamer of St. Thomas Street gent. Charles Wallis of the same gent. William Berry gent. William Wybrants gent. Benjamin Burton Banker Edward Lloyd Merchant John Abbot late Steward of the Inns John Cuthbert of Skinnerow Goldsmith John Pierson of St. Thomas Street Brewer Samuel Bell of the same gent. Abraham Maw of Castle Street Merchant John Ashhurst of St. Nicholas Street Merchant Henry Steevens of High-Street Merchant Charles Batty of Corn-Market Upholsterer Robert Briddock of Skinner-Row Merchant Edward Brookes of St. Warburgh-Street Merchant John Lovet of the Bliâ—dâ—ey Merchant William Stowel of Highstreet Ironmonger Simon Sherlock of Backlane Brazier William Covett of Cornmarket Hozier Henry Smith of Skinner-Row Haberdasher Henry Rogers of Highstreet Merchant-Taylor Arthur Fisher of the same Plate-maker Vincent Bradston of St. Patrick-street Pewterer Walter Harris of Smithfield Merchant Samuel Price of Pottle Ironmonger John Hudson Maulster Francis Prichard gent. Jonathan Taylor Chandler Samuel Care of Highstreet Merchant Thomas Doran of the Glib Vintner Philip Green of the same Chandler Dennis Cash of Highstreet Merchant Thomas Bodely of the same Merchant Caleb Thomas of the same Merchant John Boosby of the same Taylor Thomas Mason of the same Merchant Robert Teats of St. James-Street Skinner Henry Salmon of Meath-Street Clothier Richard Boose of the same Clothier Joseph James of Highstreet Merch. Robert Roper of the Comb Clothier Barnet Wells of the same Clothier William Lemon of St. Francis-Street Baker Josias Smith of Cavan-Street Brewer George Duxberry of the Comb Clothier Patrick Campbel Stationer Eliphel Dobson of Castle-Street Stationer William Norman of Damas-Street Stationer Charles Carter of Skinner-Row Merchant Francis Stoyt of Copper-Ally Merchant Richard Tygh of Smithfield Merchant John Green of Ormonds-key Carpenter James Cottingham of Skinner-Row Goldsmith Charles Thompson of Corkehill Chyrurgeon Samuel Trevers of St. Marys Abby Merch. John Shelly of Skinner-Row Goldsmith Thomas Elliot of the same Cook John Quin Son to Alderman Quin William Hill of St. Patrick-Street Merch. ... Eastwood of Colledge-Green Clothier James Hartly of Church-Street Merch. Walter Hitchcock Querister Dean John Pooly John Allen Esq Son to Sir Joshua Allen William Clerk of Highstreet Merchant-Taylor John Hetherington Perrywig-maker Henry Rowlandson of Skinner-Row Merch. William Founds of Temple-Bar Merch. Thomas Taylor gent. Samuel Care of Highstreet Merchant-Taylor John Haslack Tanner Doctor John Maddin Francis Roberts and Kender Roberts Brothers to the Earl of Radnor John Wallis of St. Thomas-Street Gent. and William Flood of Colledge-green gent. All late of the City of Dublin John Beatham of Killeck in the County of Dublin Esq Edward Dean of Tyrenure Esq Samuel Folio Chancellor of St. Patricks Robert Meade of Foblestown gent. Martin Basil of Drumcarny gent. Francis Spring of Colledruth gent. William Wybrants of Grange Bally Boyle gent. Isaack Dobson of Dundrum gent. Josias Smith of St. Patricks Close gent. John Rawlins of Newstreet gent. Thomas Baily of St. Patricks Close gent. John Wayâ—lock of Newry Tanner Thomas Shaw of Crookedstaff Tanner Philip Parker of St. Patricks Street Tanner John Ridgeway of Oldbawne gent. John Williamson of Clondalcan
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.
said Deponent went to him in a Disguise to Newgate and took him into a private Place and made large Promises to him if he would discover any of the Robberies and be an Instrument of bringing in the Rogues who infested the Roads about the Town and robbed almost every Night To effect this he spoke Irish and wore the â—arb of a considerable Irish Officer and call'd himself Mac-Carty The first time he could do but little good with him but he bid him come to him the next day and after he had seen a Friend he would do something Accordingly he went to him the next Morning and renewing and enlarging his Promises to him after some time he told him if he would make my Lord Chief Justice Nugent his Friend and perswade him to remit his Punishment which was to be burnt in the Hand and stand his Friend in other things he would do more Service than any Man in Ireland was able to do He thereupon ventur'd upon large Promises to him and used all the Rhetorick he could to bring him to an ingenuous and full Confession Whereupon he told the Deponent that he knew all the Robberies that were committed the three Years last past in the Counties of Dublin Meath Kildare Longford and Louth That he would engage to clear all those Counties of Rogues that he knew all those that rob'd in the Roads about Dublin that there were four several Companies of them that the great Company were at that time robbing about Kilkenny and that they would be at Dublin within a Week for they were withdrawn thither only to be out of the way here in the Term time that there were 26 of them in all besides Souldiers whom he said he durst not discover but all the rest he said he would engage to take in Ale-houses where he would appoint them to meet him if my Lord Chief Justice would allow him Men to assist him This he told the Deponent he would do and shewed him what Methods he would use and he said he would willingly be hang'd if he did not succeed Besides he knew he said where Rogues might be found in Dublin who were proclaimed and had Money offered for their Heads He knew likewise where two Men were who murdered a Broguemaker at Kilâ—ock a little before but was loth to hang one of them he said because he thought he then lived honestly in his own House He knew likewise he said a House that was to be robb'd at Stephens-green by some Acquaintance of his within a Week and told the Deponent what Method they design'd to use in robbing it He knew likewise who robb'd a House at Killmainham that very Week whilst be was in Prison He knew where a Silver-hilted Sword was which was taken from a Gentleman a little before and could go directly to abundance of Goods taken by Robbery He knew where several pieces of the Gold which was taken from Mr. Starling the Minister in the County of Longford then lay and said that he himself had changed one of the Pieces since his Committal All this he said he would prove and would give his Head if he miscarried in any Particular And when the Deponent told him that perhaps he only pretended those things that he might have an opportunity to escape he thereupon said that they might to prevent that set Guards over him and besides he would procure my Lord Gormanstowne and several Gentlemen to be bound for him The Deponent having received this Encouragement from the Prisoner whose Name was Patrick Launan he went to my Lord Chief Justice Nugent told him what he had suffer'd himself and what the Country suffer'd daily and gave him an account of his conferring with the Prisoner and shewed him in writing the above-named Particulars which he wrote from his Mouth in Prison which my Lord presently was pleased to call Extraordinary great Service and said that the Government ought to take notice of it My Lord was likewise pleased to promise the Deponent he would pardon the Fellow and make the best use he could of him to bring in the Rogues Afterwards my Lord sent for him and had him private two hours and when the Deponent afterwards waited upon him my Lord told him he had found out an extraordinary useful Man and that he was well satisfied all he said was true and he believed he could do more service than the Account he gave the Deponent and withal my Lord shewed the Deponent a List of the Rogues he had from Launan the Prisoner But either my Lord did not read the List fairly to the Deponent or Launan made some omission for the Deponent remembers there was one Naugle or one or two Nugents in his List which my Lord omitted in reading After the Deponent had managed the Fellow thus far he asked him concerning particular Robberies and he gave him a very satisfactory Answer to all He asked whether he heard of a Gownman that was assaulted between Dublin and Glassneven he thereupon turned his Head aside and blush'd and said that he knew of it but could not be perswaded to discover the Men What he said upon this Head made the Deponent suspect that my Lord Chief Justice had discovered him to the Prisoner for he found not that freeness of discourse with him after he had been with my Lord that he had before Neither after all his Pains could he do any good with my Lord but he deposes that after he was importunate with him three or four times to bring in the Rogues yet nothing was done and the Prisoner was afterwards sent away to Trim Goal which this Deponent verily believes was to avoid his importunity He believes my Lord thought those Rogues might be afterwards serviceable and therefore had no mind to bring them to Justice Jurat coram me 27 Septembris 1690. Dud. Loftus Account of Mr. Thomas Corker's House Burnt by the Irish the 5th of May 1689. AS One of the Thousand Instances that may be given of the Natural Antipathy the Irish have to the English and Protestants in general let the Obligations of Neighbourhood Conversation and other endearments be never so great Mr Thomas Corker's Usage by them is remarkable He liv'd at Donoghmore within a Mile of Navan in the County of Meath and observing about All Saints 1688 that the English and Protestants began to remove and fly he freely ask'd the Irish Gentlemen in his Neighbourhood What Advice they would give him as to his Remove having a great Family Who Answer'd O dear Sir do not stir for if the World were on Fire you have no reason to fear For you have been so obliging to us your Neighbours and to all sorts that none will harm you but rather protect you Yet immediately they fell upon his Stock without doors and took part of it away He then removed with his Family to Dublin leaving his Haggard and most of his Houshold Goods behind him and sometimes or about once a Month went down to
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
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
Regiment he with other his Associates having often before plundred broken and despoyled the Seats of our Church without interruption or disturbance resolved on Christmas-day at night to brake and plunder our Altar on which we had that day celebrated the Holy Communion and to that end he with two more about midnight entered the Church This Keating immediately attempted to brake one of the folding doors leading to the Communion Table and endeavouring with all his force to wrest the door from the hinges immediately as he thought saw several glorious and amazing Sights But one ugly Black Thing as he call'd it gave him a great Souse upon the Poll which drive him immediately into so great disorder that he tore all the Cloaths off his Back and ran Naked about the Streets and used all mad Bedlam pranks whatever He was put into the Dungeon where he remained for the space of 14. dayes without either Meat Drink Cloaths or any thing necessary for the support of nature would not take as much as a drop of cold water continually Rav'd of the Spoyls of the Church and saying That he took the most pains in breaking and taking off the Hinges and yet got the least share for his pains From the Dungeon he was removed to one Thomas Kelly's house in the Town where he behaved himself as in the prison neither eating bit nor drinking drop or admitting a ragg to cover his Nakedness and about eight dayes after he removed from the Dungeon dyed in a sad and deplorable manner I was so curious as to enquire of those that knew him very well whether ever he was Mad before or lyable to any such disorders they all assured me that they never knew any thing of that nature by him in the whole course of his life so that I think we may very well look upon it as the immediate Hand of GOD. SIR I dare assure you that this is a great Truth and so evident and manifest that it hath challeng'd and extorted an Acknowledgment from all parties whatever Neither the Romish Clergy nor any of the Officers of the Regiment who are all Papists do in the least disown it And it had this influence and effect upon all Souldiers and Papists that from that time forth never any of them were known to enter plunder or disturb our Church We have an account that another of Keatings companions at the very same time was struk Mad in the very act of breaking the Communion Table and that within very few hours after he dyed but they politickly conceal'd it and buryed him privately soon after for fear it should be known but the certainty of this I dare not Affirm but am sure some of their most sober and serious Clergy did freely own it George Prowd Trim 1st March 1689. No. 28. General Rosens ORDER to bring the Protestants Before Derry Conrade de Rosen Mareschal General of all his Majesties FORCES DEclares by these Presents To the Commanders Officers Souldiers and Inhabitants of the City of Londonderry That in case they do not betwixt this and Monday next at Six a Clock in the afternoon being the 1 st of July 1689. Agree to Surrender the said place of London-derry unto the KING upon such Conditions as may be Granted them according to the instructions and power Leiutenant General Hamilton formerly received from the KING That he will forthwith issue out his ORDERS from the Barony of Inishone and the Sea-Coasts round about as far as Charlemont for the gathering together of those of their Faction whether Protected or Not and cause them immediately to be brought to the Walls of London-derry where it shall be Lawful for those that are in the Town in case they have any pity for them to open the Gates and receive them into the Town otherwise they will be forced to see their Friends and nearest Relalations all starved for want of Food he having resolved not to leave one of them at home nor any thing to maintain them And that all hope of succour may be taken away by the Landing of any Troops in these parts from England He further Declares That in case they refuse to submit he will forthwith cause all the said Country to be immediately Destroy'd that if any Succour should be hereafter sent from England they may perish with them for want of Food Besides which he has a very considerable Army as well for the Opposing of them in all places that shall be judg'd necessary as for the Protecting all the rest of his Majesties dutiful Subjects whose Goods and Chattels he promises to Secure destroying all the rest that cannot be brought conveniently into such places as he shall judg necessary to be preserved and burning the Houses Mills not only of those that are in actual Rebellion but also of their Friends and Adherents that no hopes of escaping may be left for any man Beginning this very day to send his necessary Orders to all Governours and other Commanders of his Majesties Forces of Colerane Antrim Carrickfergus Belfast Dungannon Charlemont Belturbet Sligo and to Col. Sarsfield commanding a flying Army beyond Ballyshany Col. Sutherland commanding another towards Iniskillen and the Duke of Berwick another on the Fin-water to cause all the Men Women and Children who are any wayes related to those in Londonderry or any where else in open Rebellion to be forthwith brought to this place without hopes of withdrawing further into the Kingdom that in case before this said Monday the 1 st of July in the Year of our Lord 1689. be expired â—hey do not send Us Hostages other Deputies with a full sufficient power to Treat with Us for the Surrender of the said City of Londonderry on reasonable Conditions that they shall not after this time be admitted to any Treaty whatsoever And the Army which shall continue the Siege and will with the assistance of God soon reduce them shall have Orders to give no Quarter or spare either Age or Sex in case they are taken by Force But if they return to their Obedience due to their Natural Prince he Promises them that the Conditions granted them in his Majesties Name shall be Inviolably observed by all his Majesties Subjects and that He himself will have a care to Protect them on all occasions even to take their parts if any Injury contrary to the Agreement should be done them making Himself responsible for the performance of the Conditions on which they Agree to Surrender the said place of Londonderry to the KING Given under my Hand this 30th day of June in the Year of our LORD 1689. Le Mareschal Rosen No. 35. The Indictment of Dennis Connor in which the Counterfeit Letter to Mr. Will. Spike is inserted Term ' Hillar ' quinto sexto Jacobi Regis COm' Dublin ' Scilicet Juratores pro Domino Rege Sacrament ' suum dicunt proesent ' quod Dionisius Connor nuper de Dublin ' in Com' Civit ' Dublin ' Yeoman eâ—…o
Romish Priests and Monks Writen by the Author of the former Book Entituled The Frauds of Romish Priests and Monks set forth in Eight Letters L. Annaei Flori Rerum Romanarum Epitome cum Interpretatione Notis in usum Serenissimi Delphini unà cum Indicibus copiosissimis oppidò necessariis Compendium Graecum Novi Testamenti continens ex 7959 versiculis totius Novi Testamenti tantum versiculos 1900 non tamen integros in quibus omnes universi Novi Test. voces unà cum Versione Latina inveniuntur Auctore Iohanne Leusden Editio quinta in qua non tantum Themata Graeca Voces derivatae exprimuntur sed etiam Tempora Verborum adduntur Tandem ne aliquid ubicunque desideretur in hac Novissima Editione Londinensi cuilibet Voci aut Compositae aut Derivatae Radix adjicitur propria in Tyronum gratiam De Presbyteratu Dissertatio Quadripartita Presbyteratûs sacri Origines naturam Titulum Officia Ordines ab ipsis Mundi primordiis usquè ad Catholicae Ecclesiae consummatum plantationem complectens in qua Hierarchiae Episcopalis Jus Divinum immutabile ex Auctoritate scripturarum Canonicè expositarum Ecclesiasticae Traditionis suffragiis brevitèr quidem sed luculentèr asseriter Authore Samuele Hill Diaeceseôs Bathoniensis Wellensis Presbytero Londini Typis S. Roycroft L. L. Oriental Typographi Regis Impensis R. Clavel in Coemeterio D. Pauli MDCXCI Sometime since Published for R. Clavel FOrms of Private Devotion for every day in the Week in a Method agreeable to the Liturgy with Occasional Prayers and an Office for the Holy Communion and for the Time of Sickness A Scholastical History of the Primitive and General Use of Lyturgies in the Christian Church together with an Answer to David Clarkson's late Discourse concerning Liturgies Roman Forgeries in the Councils during the first Four Centuries together with an Appendix concerning the Forgeries and Errors in the Annals of Baronius Ait idem Barclaius amitti regnum si Rex vere hostili animo in totius populi exitium feratur quod concedo confistere enim simul non possunt voluntas imparandi voluntas perdendi quare qui se hostem populi totius prositetur is eo ipso abdicat regnum Sed vix videtur id accidere posse in rege mentis compote qui uni populo imperet quod si pluribus populis imperet accidere potest ut unius populi in gratiam alterum vult preditum Idcirco enim frater carissime copiosum corpus est Sacerdotum concordiae mutuae glutino atque unitatis vinculo copulatum ut siquis eâ— collegio nostro Haeresim facere gregem Christi lacerare vastare tentaverit subveniant caeteri quasi pastores utiles misericordes qui oves dominicas in gregem colligant Cypri Ep. 67. Pamelii Socrates lib. 2. c. 22. Acts of the late pretended Irish Parliament C. 3. Pro defensione fidei prestant juramentum quod de terris suae jurisdictioni Subjectis universos haereticos ab ecclesia denotatos bona fide pro viribus exterminare studebunt Conc. Later IV. cap. 3. Concil Constantiens Sess. 45. Bull. Mart. De erroribus Johan Wickleff Declaration for Liberty of Conscience in Scotland See Appendix 28. Henry 8. cap. 13. 2. Elizab cap. 1. 10. Henry 7. cap. 13. Lord Clarendon's Speech at giving up the Sword to the Earl of Tirconnel and the Abstract of the Revenue for 1685. Appendix N. 5. 6. By what Interest and for what Design he came to be employed and at last to be made Deputy will appear from the Copy of a Letter found amongst Bishop Tyrrel's Papers his Secretary 'T is in the Appendix N. 3. Vide Ch. 2. Sect. 6. N. 2. Felix ô Neal was removed in 1689. and made a Collonel Sanders de oblig conscien praelect 9. 12. 19. Ubi tam gravis premit necessitas ut vir pius prudens non possit dubitare legislatorem ipsum si praesens esset legit sibi gratiam relaxationem concessurum liceat subditis communis utilitatis quae suprema lex est omnium legum finis rationem habere magis quam legum particulaâ—â—â—m Salus populi suprema Lex The Equity of which Maxim as it leaveth in the Law-giver a power of dispensing with the Law as he shall see it expedient to the publick Good so it leaveth in the Subject a Liberty upon just Occasions to do otherwise than the Law requires Dr. Sanderson's Judgment concerning Submission to Usurpers pag. 17. Edit Lond. 1678. Appendix N. 10. N. 7. See the Appendix for the List of Privy-Counsellors N. 9. a See Appendix N o 14. Appendix N o 14. Appendix N o 11. See Appendix Appendix See Appendix N o 15. Appendix N o 18. See the First Proclamation by the Earl of Tyrconnel Feb. 21. 1686. WHereas a late Proclamation issued forth by the Lord Lieutenant and Council of this Kingdom in December last for the Suppressing of Tories Robbers and their Harbourers in these Words following Whereas there have been of late many Burglaries and Robberies committed in several parts of this Kingdom to the ruin of some of his Majesties good Subjects and to the great disquiet of many others and it is found by experience that his Majesties Mercy that hath been heretofore extended to some Persons that have been attainted of such Crimes hath been an encouragement to others to commit the like c. Which Proclamation hath not yet met with the full effect c. See Appendix N o. 25. 'T was an ancient Law of England some say as Old as King Alfred That no King should change his Mony nor impair nor inhanse nor make any Mony but of Silver without the Assent of the Lords and all the Commons See Power of Parliaments asserted by Sir Robert Atkins p. 17. And Lord Cook Exposition of Stat. Artic super Chart. Cap. 2â— 2 Iâ—st 577. Chap. II. Sect. 4. See the Copy of a Letter to King James and Malony's Letter in the Appendix N. 4. 17. How is it possible a Parliament should be Free in all its Circumstances whilst an Enemy is in the Kingdom Append. N. 21. Appendix N. 24. See Appendix N. 23. Appendix N. 22. See the Articles in the Appendix n. 1â— See Appendix n. 28. See Dr. Walkers Siege of Derry See Appendix N. 31. See Appendix See Appendix N. 3 4. 17. 12 Eliz. Chap. 1st See the Appendix Molony's Scheme in his Letter N. 17. See the Proceedings of the Parliament of Paris upon the Pope's Bull Printed at London 1688. P. 5. Appendix N. 27. See the Petition in the Appendix N. 26. See Appendix N. 31. See Appendix N. 30. See Appendix N. 29. 1. It is unjust Reprizals It is not for the publick good Not for the King 's good It ruins the Kingdom It ruins the People in it It destroys the Publick Faith Inconvenient in point of time Loco Sigill '
of their Parliament destroyed this Jurisdiction by exempting all that please to be Dissenters p. 203 3. In most Diocesses the Bishops Dead or Attainted ibid. 4. They encouraged the most Refractory Dissenters Quakers against the Church p. 204 5. Likewise leud and debauched Converts ibid. 6. The Kings Courts hindred Bishops Proceedings against debauched Clergymen Instance in Ross and the Bishop of Killmore ibid. 7. King James appointed Chancellors Gordon a Papist in Dublin King James asserted a Power over his Protestant though not over his Roman Catholick Clergy A gross breach of Trust and provoking Temptation to his People p. 205 206 8. Papists encouraged Debauchery and had rather have us of no Religion than Protestants p. 206 Sect. 18. Fourthly By taking away their Churches p. 208 1. Priests declared they would have our Churches Act of their Parliament gave them to them with the Livings as they fell ibid. 2. At Duke Schonberg's landing they set the Rabble to deface them Instance in Trim and other Rudenesses p. 209 3. The Churches seized in Dublin Feb. 24. 1688. to put Arms in September 6. 1689. to search for Arms. Barbarities used in them In October and November the Churches seized throughout the Kingdom ibid. 4. By the Officers or Magistrates of the Army Christ Church Dublin seized p. 210 5. Protestants Complain and press to King James the Act for Liberty of Conscience Are referred by him to the Law ibid. 6. The injustice of this p. 211 7. For a colour to England and Scotland King James issues a Proclamation against seizing Churches which served only to hasten the doing of it ibid. 8. Priests slighted the Proclamation p. 212 9. Applications made to the King for Relief ibid. 10. On behalf of Waterford and Wexford King James Orders Restitution but is refused to be obeyed by the Mayors and Officers ibid. 11. On new Applications from the Protestants he refers Waterford Petition to the Earl of Tyrone Governor of Waterford who calls their Church a place of strength and turns it into a Garrison The Mayor of Wexford turned out but the Church never restored p. 213 12. When King James would have kept his word to us it was not in his Power by means of his Clergy ibid. 13. Act for Liberty of Conscience provides not against Disturbers of Assemblies p. 214 14. Many Disorders committed by their Soldiers in our Churches ibid. 15. Christ Church Dublin shut up September 6. Seized October 27. September 13. all Protestants are forbid to assemble July 13. 1689. all Protestants confined to their Parishes though two or three Parishes have but one Church June 30. more than five Protestants forbid to meet on pain of Death Had King James succeeded at the Boyne we should never have had our Churches again Liberty of Conscience brought to this p. 215 216 Sect. 19. Fifthly By encouraging Converts and ill Treatment of the Protestant Clergy p. 216 1. Protestant Wives severely treated by their Husbands Servants by their Masters Tenants by their Landords ibid. 2. Those that turned escaped Robberies c. p. 217 3. Protestant Clergy sure to be Plundered Bishops of Laughlin and Waterford ibid. 4. Without Horses in the Country and afronted in the Streets of Dublin p. 218 5. Dr. Foy's Treatment for resuting Mr. Hall Dr. King 's in his own Church Mr. Knight's by the Mayor of Scarborough c. ibid. 6. Oaths tendered them and upon their refusal imprisoned Hindred from visiting their Sick by Priests p. 219 7. Forced the Ministers to go about to take the number of their Parishoners p. 220 Sect. 20. Sixthly By Misrepresentations of them and their Principles p. 221 1 2. Priests told ignorant People that our Church allowed the King might oblige all his Subjects to be of his Faith ibid. 3. From the Doctrine of Non-Resistance they told us the King might use us as the Grand Seignior or the French King does his Subjects ibid. 4. King James warned the young Mr. Cecills against our Bishops as ill Men and all false to him p. 222 5. Yalden's weekly Abhorrences Scandalous falshood of Dr. King and Dr. Foy ibid. 6. Defence upon the whole of desiring and promoting King William to rescue us p. 224 7. From the lawfulness of the Grecians to desire or accept the like from a Christian Army ibid. Chap. IV. That there remained no prospect of Deliverance for us but from their present Majesties p. 225 1. There remained no defence for us from the Laws or King James ibid. 2. Unreasonable to trust to a new Miracle ibid. 3. Our Adversaries scoft us with Preaching Patience as Julian did the Christians ibid. 4 Mad at their Prey being rescued by his present Majesty p. 226 CHAP. V. A short Account of those Protestants who left the Kingdom and of those that stayed 228 Sect. 1. Concerning those who went away ibid. 1. Reason of this Section ibid. 2. No Law against Subjects Transporting themselves into the English Dominions ibid. 3. The Danger of staying and no prospect of doing good by their stay in Ireland 229 4. No prospect of being able to subsist in Ireland ibid. 5. The Reason of Clergy Mens going 230 6. The going away of so many of all sorts could not be without sufficient cause p. 231 7. Nor from a sudden and panick fear because it continued to the last p. 232 Sect. 2. Concerning those that stayed p. 233 1. Distribution of those that stayed into four sorts ibid. 2. First The meaner People either could not get away or were left in charge with the Concerns of those that went ibid. 3. Secondly The Gentlemen dreaded to beg or starve in England ibid. 4. Were willing to secure what they had if they could p. 234 5. Were desirous to Protect their poor Dependants ibid. 6. Were useful in interceding for and relieving many Distrest p. 235 7. In Counselling and advising inferior Protestants ibid. 8. Thirdly Those that had Employments their stay of great importance in preserving Records c. p. 236 9. Not safe for them to decline Acting till they were forced p. 237 10. In many Cases they were very beneficial to their Fellow Protestants ibid. 11. The few that did otherwise ought to suffer ibid. 12. Fourthly The Clergy need no Apology for staying Their Serviceableness in several instances p. 238 Conclusion 1. DIsclaiming Prejudice and Partiality p. 239 2. It were to be wished that Commissions might issue to enquire into the Damages of Protestants ibid. 3. The Irish may blame themselves for what they shall suffer in Consequence of these Troubles ibid. Index of the Appendix THE Act of Attainder in Ireland at large p. 241 The Persuasions and Suggestions the Irish Catholicks make to his Majesty supposed to be drawn up by Talbot Titular Archbishop of Dublin and found in Collonel Talbot's House July 1. 1671. p. 298 A Copy of a Letter of the Irish Clergy to King James in favour of the Earl of Tirconnell found amongst Bishop Tirrell's Papers in Dublin p. 301 The Copy