Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	estate_n	parliament_n	2,433	5	7.1853	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61340	The state of Ireland, with a vindication of the Act of Settlement and commissioners proceedings, &c. also, reflections on the late Coventry-letter writ by an eminent councellor of that kingdom, wherein the said author endeavours to prove, that it was not for murther, nor rebellion, but religion that the Irish estates were sequestred by the forementioned act / by a person of honour.	Person of honour.	1688 (1688)	Wing S5301; ESTC R22558	20,095	100

had this besides the Kings meer Favour to offer for themselves That they had been very Early in appearing for His Return That they had without Conditions delivered the Kingdom into His Hands That some of them had adventured their Money others their Lives to obtain the Possession which they so readily without any Capitulation submitted to His Will The Adventurers also by Four Acts of Parliament made in England 17 Car. I. yet in Force had a Just Right to a considerable Satisfaction upon these Laws They had Advanced at least 300000 l. yet have in their Possession but a small part of what was intended them for had the Acts of the English Parliament been pursued and they not obliged to a Retrenchment of a Third Part of their Debt to the Payment of a Years Value to the chargable passing of Courts of Claimes and Letters Patents to none of which they were subject by these Laws their satisfaction had been four times as great as now it is It hath been Objected by some That part of the Money Adventured was mis-imploy'd by those in Arms against the King in England To which may be truly Answered That vast Sums of Money much more than 300000 l. Adventured had been sent out of England towards the stopping of the Rebellion even before the Cessation and that the Adventurers could not call the then Parliament of England to Account how they then disposed of their Moneys the King having left the Mannagement of the War of Ireland to Them by the Act of the 17 Car. I. 'T is further apparent That the earnest endeavours of King Charles the First to suppress the Rebellion was that which gave most Encouragement to persons who adventured their Money from this That after his leaving the Parliament nothing considerable could be Levied upon this Pretence though much more favourable Conditions were offered Others except against the Adventurers satisfaction as not set out pursuant to the English Acts to which may be returned That none Suffered by that but themselves for by these Acts they were to have had Boggs Woods and Barren Mountains cast into the Measurement The Quit-Rent to have been paid to the King was not to have been near so much as now it is They were to have had more Acres by a Third part than now they enjoy every Adventurer upon drawing his Lott should without Claim Letters Patents Payment of a Years Value or any other Charges have been Seized by virtue of an Act of Parliament of his Proportion which if it consisted of 1000 Acres or more it might have been erected by him into a Manner with extraordinary Priviledges They had a Just Right and there was no other way to come by it Certainly there was as much reason to con●irm This as any Judicial Proceedings in the Vsurpers Government And the King and Parliament in the Act of Oblivion that Passed in 1660 are of this Opinion for there they declare That that Act shall not enure to restore to any Person except the Marquess of Ormond and the Prote●tants of Ireland c. any Estate in Ireland disposed of by both or either House of Parliament or any Convention c. or any Person deriving Authority from them There are others of the British that have had satisfaction by these Laws The Military Officers that had faithfully Served the King in that Kingdom before the 5th of June 1649 the Persons against whose Loyalty there could be no Objection many of them left their Wives and Families in a Miserable Condition that they might go into England to the Assistance of King Charles the First where several of them lost their Lives in His Service and the rest upon all occasions appeared for the Royal Interest and never received any Satisfaction in Lands or Money until King Charles the Second of his own Justice and Bounty gave it them by the Act of Settlement These Men were sifted with the greatest Care and all excluded that had Betray'd any Towns in Munster or done any Service to the Usurper Having now shewn that there was a Rebellion in Ireland by which much Land was Forfeited which was disposed at the Kings Pleasure and that the Persons that were in Possession of the Forfeited Lands at the Restauration of King Charles the Second had fair pretences to have grants of the Kings Tythe In the next place I should Prove that the Acts of Settlement by which part of these Forfeited Lands were passed to Adventurers Souldiers and others of the English Nation are for so much as concerns these new Interests agreeable to the rules of Justice But first It will be necessary to Answer an Objection they Stated Suppose Say the Advocates for the Forfeiting Irish there were such a Rebellion as is Pretended Yet thes Confederate Catholicks in the Year 1643 made a Cessation with King Charles the First which in 1646 was turned into a Peace and that followed by another Peace in 1648 Concluded the 17 of January by the Duke of Ormond by which Article the 18th the King Promiseth that an Act of Oblivion should Pass in the next Irish Parliament to extend to all Persons Before In or since the 14th of October 1641. By this Article they say the King being obliged to Pardon them the Rebellion could not justly dispose of their Lands as Forefeited To this take this following Answer 'T is Apparent that the Articles of the Cessation were not kept by they Confederates they never Paying the 30800 l. nor sending the Succors they were to give his Majesty according to Agreement The Peace in 1646 was so far from being comply'd with that these Confederate Catholicks soon call'd a General Assembly that disowned it Imprisoning their own Commissioners that made it and sent an Army under Owen Roe o Neile and Preston to Attempt Dublin for clearing of which Particular I shall refer to the Memoires of James Earl of Castle haven Sect. 6th and this further cannot but be taken Notice of That that noble Earl acknowledges himself the only Person of the Confederates that never left the Duke of Ormond in those Adventures and gave him his Advice for giving up Dublin c. to the English Parliament Induced by this Consideration that if the Nuncio and his Party should have Ireland it might remain seperate from England for ever That many of the Confederate Roman Catholicks broke the Articles of Peace made in 1648 will appear by a Declaration of the Confederate Irish Army dated from James Town the 12th of August 1650 Printed in the Year 1674 in a Book Intituled The History of the Loyal Formulary c. written by Mr. Peter Walsh by which they absolutely disown the Kings Authority and Excommunicate all that adhere to it which wrought so with those of their Religion that many of them cannot be pretended to have continued stanch But the Objectors will still say There have been some Persons and some Corporations that never broke those Articles and with what Justice can they be denyed

the benefit of them To Solve this 't is fit to consider that the most moderate of the Confederates would not agree to a Cessation or Peace with King Charles the I. in his necessity whereby he might be at Liberty to make use of his British Army then in that Kingdom in his other Dominions without Cessations of such a nature as Loyal Subjects would never have required For Instance By the 11th Article they pretended to exclude such Noblemen of the British Extraction as had Titles in that Kingdom from Voting in Parliament unless qualified as they directed Article the 27. gives the Irish Agents Authority to Levy confiderable Sums of Money upon the Subjects in an Extraordinary way By the 28. Article the Irish Agents are to joyn with the Chief Governour in Naming of the Justices of the Peace and the Judges By the 12. Article it was to be left to both Houses of Parliament in Ireland to declare what they thought agreeable to the Law of Ireland concerning the Independency of the Law of Ireland upon the Parliament of England nor would they rely upon the Kings Word but by the 9th Article stipulate for continuance of an Army of 17500 Roman Catholicks And by Article 29. That all Cities Towns Forts and Castles in their Quarters which then extended almost over the whole Kingdom should continue in their Possession until the Artides were past into Acts of Parliament This implies an Obligation upon them so to keep this Possession as to be ready to deliver it up when the King performed His Part. But this none of them were able to do having given up the Cities and almost the whole Kingdom to the Vsurper making Conditions for Themselves but not taking the least notice of the King or his Authority The Act of Oblivion the Confederates pretend promis'd them by these Articles was to pass in the next Free Parliament Now how could a Parliament be Free that was obliged before hand to pass an Act so contrary to the Inclinations of most of the British concern'd in that Kingdome or How could the King by the Second Article promise to call a Free Parliament and at the same time by other Articles determined what the Parliament must necessarily do The next Free Parliament that Sate in Ireland after the making those Articles was that which was call'd Anno 13. Car. 2. In this Parliament an Act of Oblivion for the Confederate Catholicks amongst others was offered by Directions from the King but the House of Commons rejected it It is worth Observation how far the Breach of Articles by part of the Confederate Catholicks may Involve the rest and discharge the King of His Promise against them All. If a Besieged City Article and Security upon Conditions be promised the whole Garrison yet if part of the Garrison breaks the Conditions all forfeits their Security Besides King Charles I. before these Articles were entred into had obliged Himself not to Pardon those guilty of the Rebellion but by consent of the English Parliament King Charles the II. by His Declaration from Breda the 4th of April 1660 promises the Adventurers and Soldiers a Confirmation of their Estates according to their Possessions And the Parliament of England hath excepted the Irish Rebellion in the Act of Oblivion To conclude my Answer to this Objection King Charles the II. was the only Judge upon Earth how far He was obliged by these Articles He hath taken notice of them in His Declaration for the Settlement of Ireland and after He had heard all Parties doth Declare That those that pretend they adhear'd to those Articles should not be restered to their former Estates as Innocents In which Determination all good Subjects should Acquiesce I shall now proceed to Answer the Objections made against the Justice of the Acts of Settlement but will first shew how they pass'd in that Kingdom Neither of the Acts were drawn up in the Parliament of Ireland nor could they by the Constitution of that Country they were drawn as advised in England by the direction of the King in Council Nothing past without the knowledge of the Agents for the Irish who were looked upon as Men of the greatest Ability for Parts and Interest of that Nation and had a Gratuity of Three-pence per Acre allowed them out of the Roman Catholicks Estates those were permitted to Dispute every thing they could Object to in the Acts and not Over-rul'd but by the King in Council upon apparent reasons When the Acts came into Ireland they could not admit of the one Word of Alteration and so they passed the Parliament out of which no Man was excluded for being a Roman Catholick nor no Elector of Parliament-Men was refused upon that account Object I. The first Objection then against the Act of Settlement is That the Qualifications appointed by them for the Tryal of Innocents were unreasonable Answ The Qualifications were these That no Person was to be restored as Innocent that before the Cessation made 15. Sept. 1643. was of the Rebels Party Nor any who being of full Age and sound Memory enjoyed their Estates in the Rebels Quarters Nor such as entred into the Roman Catholick Confederacy before the Peace concluded in 1648. Nor such as adhered to the Nuncio 's Party Nor such who derived their Estates from Persons who Dyed guilty of the aforementioned Crimes Nor such as Pleaded the Articles of Peace for their Estates Nor such as being in the Kings Quarters had correspondence with his Enemies Nor such as before any of the Peaces made in 1646 or 1648 Sate in any of the R. C ' s. Assemblies or Councils or acted by Commission or Power derived from them Nor such as Impower'd Agents to Treat with Foreign Princes to bring Forces into Ireland or acted in such Negotiations Nor such as were Tories before the Marquess of Claurickard 's leaving the Government These Qualifications were in the Kings Instructions sent over to the first Commissioners for puting His Declaration of the 30. of November 1660. in Execution which Instructions together with the Declaration were after passed as part of the Act of Settlement No Man yet hath been so confident as to deny but that a Person guilty of any of the Offences mentioned in these Qualifications might justly be esteemed a Rebel unless in one particular and that is in the Enjoyment of an Estate in the Rebels Quarters But to this is Answered That by the express words of the Act those are excepted out of this Qualification that could not with safety live amongst the English and it may justly be presumed that none would choose to inhabit with the Confederates that were not of their Party Besides the Commissioners for Trying the Innocents were so favourable that there cannot be any Named that were Nocent barely upon this Qualification The Confidence of such is Wonderful who pretend they have lost their Estates meerly for their Religion The Vsurpers indeed when they first dispossest them did esteem the