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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A56038 Proposals for raising a million of money out of the forfeited estates in Ireland together, with the answer of the Irish to the same, and a reply thereto. 1694 (1694) Wing P3739; ESTC R4587 28,869 52

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in the Queen's time several Precedents for it and surely 't is most agreeable to sense for in a Country so subject to Universal Defections upon every Opportunity what other Method can be used During the heat of Action 't is not to be supposed Juries can be impannelled or Coroners Inquests taken without an Army to Guard them besides many other insuperable Difficulties render it impracticable So that if this Method had not been taken he that dyes in Rebellion would leave his Heir in a better condition than many who dye in their Beds nor will the Inference you draw from hence hold That by the same Rule all the Families in England may be Outlawed England is called in to your Assistance at every turn but before you so peremptorily demand all the Rights of English Subjects you would do well to shew that in Reason you ought and may expect like Benefits with them to Entitle you to which 't will be necessary for you to shew that generally you have demeaned your selves like Subjects when 't was in your power to do otherwise but lest this may prove too hard a Task give us one single Instance of it Laws are adapted and fitted to the tempers of the People and Nation where they are made Several Crimes as that of Murder burning Houses c. are of a deeper dye and severer Punishments inflicted on them by the Laws of Ireland than on the same Crimes in England for that the greatest Severity has never hitherto proved sufficient to keep a People in their Nature so Barbarous within any kind of bounds You forget surely where you are and are thinking of the Irish Act of Attainder whereby Women of Fourscore Years Old Children in Arms and Numbers of Persons who never had seen Ireland are attainted Here indeed 't is plain the Estate committed the Treason and not the Man That any were refused to be tryed who peremptorily demanded it I believe in Fact is not true your own words or otherwise terrified explains the matter for some as Guilty as any in that Kingdom had the Confidence relying on the Mercy of the Government to move for a Tryal in order to be thereby put into the condition of the most Innocent these Men might and probably were told that if they prest for a Tryal they must expect to undergo the Judgment of the Law which no doubt sufficiently terrified them which you express after such a manner as that People who understand not the matter may be induced to believe that unreasonable and unjustifiable menaees were used to People that were innocent 17. For shame it were much fairer if you would answer Reasons than coin new ones never thought of by the Proposer You see what he offers against confirming the Limerick Articles by any positive words to which you have not answered one Syllable this way of evading what pinches your Party and mumb●ng the Thistle must certainly satisfie any indifferent Judge that you have nothing to say for your selves The Rules observed upon the restoring you to your Estates no way concern the Proposer or his Party if any thing unreasonable were done let them answer for it at whose Door it lyes but I believe when the matter comes under Examination 't will appear that you complain as some Travellers big for fear of being robbed 't is to be hoped that this whole matter will be re-examined and that by such Persons as will do you right as to the term of Years c. if you have any just Title thereto 18. Again the same thing only the hard word Protectees is brought in which signifies Men who when they could no longer avoid it took their Majesties Protection a Mercy held out to them several times and they at this day enjoy all the Benefits promised them and are excepted by express words out of the Limerick Articles 19. Well said Sir if you fail answering the Proposer in one place you make some satisfaction by answering what he never said in another pray by what part of the Proposal is this honest Gentleman who staid at home c. to Forfeit or the Lawyer Physician Merchant or Shopkeeper who only follow'd his Calling for so doing to lose his Estate any more than he shall save it for his Profession sake although guilty of Rebellion The King's Declaration of the 22d of Feb. 1688. and every other Declaration you may assure your selves will be religiously observed I hope you 'll allow his Majesty's Declaration upon his Arrival in England to be so too 20. How long have you been so meniable to the Laws of England Or what have you been stript of since you become so Whilst your Party were in Rebellion their Estates were according to Law seized into the King's Hands most of which by favourable Interpositions on their behalf have been restored again which has brought the Value of the Forfeitures to so little as 't is in the Commissioners of the Revenue-Books But since Magna Charta is named 't will be no offence I hope to say the English have an equal right to it with the Irish in what part of it do you find that leave must be given to the Subject to take his Legal Remedy before he can do it and yet by the sixth Article of Limerick the poor Protestant is debarr'd from his Action though there is not so much as colour of Law for this yet has the Chancery never failed you at a dead lift where you are sure of an Injunction although no other Equity whatever appears but that Article which in Consequence proves as good to you and better to the Court than if the Action had never been brought for besides that the Protestant is so reduced that he is not able in that Chargeable Court to follow a Suit put off from Term to Term in your Favour and the Cause of Action being in Trespass ceases on the Death of either Plaintiff or Defendant This has been the Trade for near Three Years and no relief how much longer 't will continue we know not God in his good time deliver us from such usage after all that we have suffered The Personal Forfeitures you are pleas'd to pass over as you have done many things besides where you say nothing to it 't is to be hoped you allow the Proposal be taken pro confesso 21. You do prudently not to dispute the Fifty Two Rebellions but your palliating it by asking what Country has been free from such Misfortunes can stand you in no great stead pray tell me what Kingdom under the Cope of Heaven has in the same tract of time been guilty of so many Rebellions Massacres inhumane Murders and other Barbarities as the Irish have been Consult Sir Richard Coxe's History of Ireland Sir John Temple's the Substance of which was taken upon Oath and Peter Walsh your own Historian and you must certainly lay your Hands upon your Mouths and blush at having Tax'd any Nation in the World herewith How unconcernedly do