to destroy so many thousand Widows and Orphans to confirm unlawful and usurped possessions to violate the publick Faith to punish Virtue to countenance Vice to hold Loyalty a Crime and Treason worthy of Reward The bloody and covetous States-man who chiefly occasioned all this disorder was very often heard to say with a fierce countenance and passionate tone the Irish deserve to be extirpated and then he would after his usual manner come out with a great Oath and swear they shall all be extirpated Root and Branch Good God what a Heathen expression is this in the mouth of a Christian who is expresly commanded to love his Enemies Does he think that the Divine Providence which orders the growth of Herbs the fall of Leaves and appoints an Angel for the guard of every individual person takes no care to preserve an entire Body of a Nation and that it shall be in the power of one man to destroy the work of God at his pleasure of such a Man that could not prevent his own disgrace not avoid the many other inconveniences which are like to fall upon him This proud Haman who joyntly with some few others to get Money for themselves and Estates for their Children contrived the general extirpation of the whole Irish race but before he could fully compass his wicked Design I must confess he went very near to do it and if God had given him a longer continuance of power he would undoubtedly make good his word was forced for his own safety and the preservation of his life to quit his fine House forsake his Family and bid his Countrey farewel and to travel in his old age in the dead of Winter through so many dangers at Sea and incommodities by Land to seek for some shelter abroad seeing he could not be secure at home Justu es Domine justum judicium tuum He is gone with all his Greatness and the miseries of the poor Irish do still continue however they are yet in being and live in hope that the fall of their Mortal Enemy may be a beginning of their Rise and that his Majesty will now seriously reflect upon the unparallel'd usage hitherto extended to that Nation who are deprived of the Benefit of Law Justice and publick Faith The cryes and tears of more than an hundred thousand Widows and Orphans being worthy his Majesties Princely consideration And certainly there can be no great difficulty met with to dissannul two illegal Acts which are evidently repugnant not only to the Law of God and Nature contrary to the common reason and consequently void in themselves but also to all sound Policy and reason of State For that the true Interest of England as relating to Ireland consists in raising he Irish as a Bulwark or ballance against our English and Scotch Presbyterians The Irish Papists agreed so well and lived so peaceably with our English Prelatiques during the Reign of King James and Seventeen years of King Charles the First that they seemed to be of one mind in all matters And when the Presbyterian practises and Covenant began to disturb these Kingdoms the Papists and Prelatiques in Ireland as well as in England joyned their hearts and hands against Presbytery for the King The great Earl of Strafford judged it was a true Protestant Cavalier Interest to raise an Army of Papists in Ireland thereby to keep in awe the Presbyterians of Scotland and England And indeed the Presbyterian designs could never have had been compassed if the King had not been forced to disband the same Army Then the Earl now Duke of Ormond thought it was the true English and Cavalier Interest joyn in Parliament with the Roman Catholick Nobility and Gentry of Ireland against the Presbyterian Lords Justices and their Faction and therefore joyntly with them resolved to secure their persons and seize upon the Castle and Magazine of Dublin for his Majesty But this their Design was quashed by an inconsiderate attempt of some Northern Gentlemen which occasioned the late Rebellion and encouraged the presbyterian Lords Justices to force the Kings Loyal Subjects into desperate Courses But no sooner were the presbyterian Lord Justices deposed and imprisoned by the Kings commands but the Roman Catholicks returned to their Duty first by a Cessation next by a submissive peace delivering the whole Kingdom to the Duke of Ormond and joyning with the Cavalier party against the Kings Enemies and so continued untill both were over-powered by Cromwel Another reason why understanding men judge the Irish ought to be preserved and their Interest preferred before that of Cromwels Creatures is that the English of Ireland are not able to defend themselves against the Scots in that Countrey If the Irish be Neuters The Scots are a people so numerous so needy and so near unto Ireland so cunning close and confederated in a common Interest that some of our States-men apprehend they may soon possess themselves of the whole Island they being at this present not only Masters of Vister but spread over the other provinces and very well armed Now if despair should dictate to the destroyed Irish that it is their conveniency to joyn with the Scots against the English that possess their Estates without question the English Interest will be lost in Ireland It is better therefore that the Irish Nation be gained by restoring them to their own such only excepted as had their hands in murdering English than that a few presbyterian and phanatick up-starts be made great by other Mens Estates and the whole Kingdom endangered to be wrested out of our hands and seperated from the Crown of England You see my Lord that there seems to be as little conveniency as Conscience in my Lord Clarendon's and his covetous partners Settlement of Ireland yet I must confess this Domestick affair agreeth well with his policy in Foreign Negotiations Until his time the Statesmen of Europe particularly the English made it their business to keep the scales equal between France and Spain least either of those two potentates might aspire unto an Universal Monarchy But the Earl of Clarendon made it his business to utterly destroy Spain and exalt the French King to such a height of power that in a short time he might be Master of the Netherlands and find no opposition in his way into England And indeed had not our Kings Conduct and Courage been extraordinary in closing up a new Defensive League so seasonably and in concluding a peace between Spain and Portugal no part of Europe that is worth the Coveting could be free from the French command I hope that as God hath inspired his Majesty to prevent by this League and peace the dangers which corrupt Ministers drew upon us so He will move him to establish a lasting peace in his Dominions by a just repeal of the Irish Act of Settlement And thereby to quash all the Designs against England That France or any Foreigner may endeavour to ground upon the discontents of a destroyed and desperate people Now my Lord that you have had this account of the transactions in Ireland since his Majesties Restauration it were an act worthy your Lordship being a leading Member in the House of peers in England and much relyed upon in the House of Commons to make it your request to his Majesty that the Business of Ireland may receive one publick hearing and all parties concerned appear by their Agents which if your Lordship prevail to get done if the Settlement as it is now Established be deemed Just will be happy for the possessours and take away all Calumnies that the Irish do over all the World east on the Managers of that Settlement But if it appear not to be a just Settlement then Justice in so high a degree will become the King and his Highest Court and will evidence the Truth or Nullitie of what hath been here been offered to your Lordship by My Lord Your Lordships most Faithful and most Humble Servant F. D. FINIS * The D of O hath added as much to his own ancient Estate by the new settlement of Ireland as would have satisfied all the Claims of the just Adventurers And Anglesey and Kingston little less In the Province of Ulster but Three of the Natives restored viz. My Lord of Antrim Sir Henry O-Neil and one more of an inconsiderable Estate In the Province of Conaught but Four viz. the Earl of Clanrickard Lord of Mayo Coll. John Kelley and Coll. Moor. Which the Natives call the black Bill
easily gained at the rate of several vast sums of ready money and the promise of an Estate of 6000 l. a year for his Son and the pains of the other being modestly rewarded by a small Fee of 8000 l. sterl This Act I say so well supported was Signed and Sealed at Salisbury on the 25th of July 1665 notwithstanding all the opposition given thereunto and this in a time when the hand of God visibly appeared in the great Mortality which then began to increase in the City of London and when I heard many moderate men say we are justly punished by God for the injustice done to the Irish It is now more than two years since the Act went over into Ireland and the 52 Nominees who were to be restored as they verily believed to their chief houses and 2000 Acres of Land have not yet got the possession of a Cottage or of one Acre of Ground which agrees very well with Ororye's railery lately expressed That it was intended by the Act that they should be only Nominees nomine restorable but not re for that was never intended and yet the same Orrory assured to the King that there was a sufficient stock of Reprisals to satisfie all Interests My Lord this is the true state in brief of the Irish Case as to matter of Fact since the first day of his Majesties most happy Restauration to this Instant Let us now examine matter of Right and see what Title the several Interests obstructing there establishment of the Irish can justly pretend to the Estates of the distressed Natives These different Interests can be reduced to four principal ones the first is that of the Adventurers the second of the Souldiers the third of the Forty nine Men and the fourth of the Grantees We will begin with the Adventurers These are certain Inhabitants of London who in the year 1641. pretended to venture their momes to reduce the Rebels in Ireland but intended as afterwards appeared to destroy the King upon the assurance of getting such a quantity of the Rebels Lands in proportion to the sums they laid out and in pursuance of an Act of our English Parliament which then passed to that effect By which Act it is ordered that the mony so laid out should be employed in the Service of Ireland and that after the Rebels were declared by both houses to be wholly conquered a Commission should issue forth under the great Seal of England to make a strict enquiry through all the Counties of Ireland of Estates forfeited by the Rebellion to be disposed of for the satisfaction of the Adventurers Neither of these conditions were hitherto observed for the money laid out was all or at least for the greatest part imployed to buy arms and ammunition to fight against his Majesty in England The Rebels were never yet declared by both Houses of Parliament to have been conquered nor any Commission issued forth under the Great Seal of England to enquire after Forfeitures It is true that the remaining Members of the House of Commons made an Ordinance in the year 1652. without the concurrence of the House of Lords that the Rebels were wholly conquered And that consequently assigned Ten Counties to the Adventurers without issuing forth any Commission under the great Seal of England to examine whether the Lands therein contained were forseited or no. Of these ten Counties the Adventurers of the doubling Ordinance who were to have for their respective Sums laid out double the quantity of Land assigned to the first adventurers have proportion because their money was given to the long Parliament in the year 1644. When they were in actual Rebellion against His Majesty The late King understood very well the nullity of this act having never made mention of the adventurers interest in all the Treaties of Peace which pass'd between His Majesty and the Confederates in Ireland which certainly so just a Prince as Charles the First was known to be would never have done if he had conceived himself any way obliged by that act to provide for them But supposing that the act of decimo septimo Caroli in the behalf of the London adventurers had not been defective can those of the doubling Ordinance expect any benefit by that Law Can the first adventurers whose Moneys were disposed to other uses than the relief of the Protestants in Ireland pretend any advantage by that act nay can those few Persons of the first Rank whom we call the just adventurers and whose moneys were really imployed in the Irish War lawfully enjoy the Irish Land until the Rebels be declared by the two Houses of Parliament to be wholly conquered until a Commission issues forth under the great Seal of England to examine who are the Rebels and who are Innocents and until after the performing these essential Formalities required by the Act they receive by a just and legal way of proceeding their respective Proportions of the Forfeited Estates The first Minister of State a Lawyer by his first profession cannot be ignorant of these varieties especially when he perswades his Royal Master to speak after this manner in his Declaration for the Settlement of Ireland pag. 7. Therefore in the first place in order to the settlement of that Interest claimed by the Adventurers althâ—ugh the present Estates and Possessions they enjoy if they were examined by the strict Letter of the Law would prove very defective and invalid as being no ways pursuant to those Acts of Parliament upon which they pretend to be found but rather seem to be a structure upon their subsequent assent both to the different Mediums and ends than the observance of those yet who being always more ready to consult c. Can any thing be spoken more plain to prove the nullity of the Adventurers Title by the Act of 17. Car. 1 And could the supream Judge of the Court of Equity give a more unjust sentence than to say although this Party can pretend no right to the Estate in question yet I am pleased to adjudge it for him The matter in dispute is no less than the land of ten Counties the parties pretending are the Irish Proprietors and the London Adventurers The first enjoyed it for so many ages they have their Patents and Evidences to shew for it and they lost it at length upon the account of Loyalty fighing for the Kings Interest against the Murderers of his Royal Father the last as 't is acknowledged by the words of the Text have no other Title but what they derive from the Ordinance of an usurped Government for having disbursed vast sums of Money to countenance Rebellion to pull down Monarchy and put up a pretended Common-wealth And yet the Land is adjudged for them and confirmed to them and their Heirs for ever The Second main Interest obstructing the Restoration of the Irish is that of Cromwel's Souldiers who are not mentioned in the Act of 17 Caroli neither indeed do they pretend any other
Title to their Estates but that of the Sword which they have always imployed against the late King and his present Majesty enjoying as a Sallary for their service all the Irish Estates in twelve Counties I do not think any man will be so impudent as to justifie this prodigious Title I am sure their greatest Patrons never durst say they were just but they said very often it was convenient to confirm them in possession of other Mens Land And perhaps we shall not find many other States-men among the Followers of the Gospel who will allow a conveniency so apparent against Justice Ruat Coelum fiat Justicia is a Motto which better becomes a Lord Chancellour Then let us not do what is just but what is convenient It is indeed a most wonderful conveniency to dispossess the Ancient Proprietor who Fought for the King and give his Estate to a Fanatick Souldier who Fought for Cromwel To suppor this pretended Conveniency the first Minister of State made use of a strong Argument derived from the great power of the Cromwellists in Ireland and thus he makes it out The English Army is very considerable now in Ireland they have Swords in their hands and they are in possession of all the great Towns and strong holds in that Kingdom it is not therefore safe to irritate them Nay there is an absolute necessity as the case stands to confirm them in their present possessions For we must not do what is just but what is is convenient These words were often delivered in Councel as so many Oracles and perhaps the greater Statesman did not seriously reflect whether the same Argument might not serve as well to confirm all the Cromwellists in England in their unlawful Acquisitions of the Crown and Church-Lands and so many Cavaliers Estates whereof they were dispossessed upon his Majesties Restauration without any great noise and less danger and yet they were then very considerable They had Swords in their hands and they were in possession of all the strong holds of the Kingdom c. My Lord I have been all over the Kingdom of Ireland and assure your Lordship that the old Inhabitants and Natives of Ireland are Ten for one and far the more considerable Party But large Sums have made that corrupt Minister say any thing that seemed advantagious to support that other Interest I am confident My Lord admitting them as inconsiderable as he would have them it cannot be half so formidable as the power of that party was in England when the King came in These were all disbanded in less then Six Months time and now 't is more than Seven years that the Fanatick Army is maintained in Ireland without any necessity which occasions that his Majesty receives no Revenue out of that vast and fertil Kingdom Nay he is obliged to send yearly a considerable sum of Money out of England for the maintenance of that Army For my part I cannot nnderstand how the King might safely reduce the English Army and that it should be dangerous for him to disband the Irish Forces who were not half so numerous nor so much to be feared as those in England If the want of Money hindred their disbanding at once with their Brethren in England and Scotland might not they reduce by degrees and by Regiments in eight years time I think it is sufficiently evidenced that the Cromwellian party in Ireland have no more power than what his Majesty hitherto is pleased to grant them by the advice of his first Minister who upholds that Fanatick Army for his own sordid if not wicked ends Let that Favourite that perswades his Master to tolerate Injustice and Oppression upon the account of a Servile Fear have a care that he be not one day convinced either of ignorance Rex est qui posuit metus diramala pectoris quem non ambitio popularis nunquam stabilis faveur Vulgi praecipitis movet The third grand interest and the most destructive to the Natives is that of the Protestant Officers who served his Majesty or the Parliament in Ireland before the year 1649. Whose arrears have been cast up and stated to the vast sum of Eighteen hundred thousand pounds sterl in satisfaction whereof the part of a whole Kingdom which certainly is worth many Millions is conferred upon them They are entitled to all the Natives Estates in four great Counties to all the Cities Corporations and Walled Towns in Ireland to all the Land situated within a mile to the Sea and to the River of Shanon in the Province of Conaught and County of Clare to all the Debts Leases Mortgages and the Reversions of the Irish for not only the real Estates but also all other pretensions and Titles of the unhappy Natives are forfeited And leest all this should come short to content this insatiable Party the last act allows them one hundred thousand pounds out of the two half years Rent from Adventurers Souldiers and restored Irish Though the Roman Catholick Officers have always faithfully adhered to the Kings Interest and never deserted his service as all or most of these Protestant Officers in Ireland have done when the Usurper prevailed yet they being Papist disables them from any satisfaction for their service which was a Qualification not imposed on the Catholicks in England c. But since the Cessation of Arms concluded in the year 1643. There was no more fighting between his Majesties Protestant and Roman Catholick Subjects which makes a great difference between their Loyalty in the point of merit and that of our Cavaliers in England who out of a generous resolution without any necessity or consideration of private Interest did freely embrace his Majesties Quarrel siding always with the best although weakest party which they maintained for the space of Six years at their own charges with the loss of so many thousand brave lives who were all Sacrificed as unspotted Victims on the Altar of Loyalty How comes it then to pass that a handful of Irish Protestants should be allowed 1800000 l. for two years service and that our English Royalists who were a hundred times more numerous continued thrice longer in serving the King and whose pure Loyalty was never tainted with the mixture of any treachery or private Interest should get among them all without distinction of Nation or Religion but 70000 l. to be distributed among the Needy Cavaliers who had neither Estates of their own nor any publick Chrges or imployments to keep them from starving Upon what account should the Officers of the Four or five Garrisons in Ireland that plundered ten times more then their pay came to enjoy four large Counties and all the great Towns and Corporations of a Kingdom whilst the whole body of the Royallists in England are so much slighted that there is not one Parish in the Country nor Street in any City conferred upon them Will not the Irish Forty nine Men allow us that Prince Rupert the Duke of
Newcastle Montross Bristol Barkley Middleton Rochester Gerard and several other Noblemen of England and Scotland deserve to have their Arrears stated and satisfied as well as the Grandees of Ireland I there any conveniency for I am sure there can be no Justice to provide for the one and not for the other It cannot be said that his Majesty is obliged by the Act of 17. Car. by his Declaration from Breda or any other Covenant to recompence in so large a manner the mercenary service of his Protestant Officers in Ireland without any regard to be had for the innumerable Sufferings and present want of so many Indigent Cavaliers in England who have not bread to eat nor a house to lye in and scarce a Rag to cover their Nakedness To give some colour to this apparent partiality the first Minister of State is forced to betake himself to his last refuge telling as for a final reason that the Protestant English Interest cannot by maintained in Ireland without extirpating the Natives And therefore that the Counties and Corperations undisposed of by the Commonwealth must not be restored to the Natives upon any account The preservation of this Interest is now become ultima ratio and the non plus ultra to all political Debates and seeing the Learned Gown-man will needs establish it for a first Principle not to be denyed is not amiss to consider more attentively this Idol that occasions so much impiety As for the Protestant Interest I must confess his Majesties bound to maintain it in all his Kingdoms and Dominions as far forth as the Glory of God requires and the Law of Nations and the several Constitutions of particular places will admit Certainly no Man though never so zealous will say that his Majesty was obliged when he held the Town of Dunkirk in Flanders to expiate the ancient Inhabitants and place new English Colonies in their room for the preservation of a Protestant Interest True Religion was ever yet planted by preaching and good example not by violence and oppression An unjust intrusion into the Neighbours Estate is not the right way to convert the ancient Proprietors who will hardly be induced to embrace a Religion whose Professors have done them so much injustice And as to the present Settlement of Ireland it is apparent to the World that the Confiscation of Estates and not the Conversion of Souls is the only thing aimed at If by the English Interest we understand the present Possession of the London Adventurers and of Cromwel's Souldiers there is no doubt it is inconsistent with the restoration of the Irish neither can the New English Title to Land be well maintained without destroying the old Title of the Natives even as the Interest of the late Common-wealth was incompatible with Monarchy and Cromwels Protectorship was inconsistent with the Kings Government But if by the English Interest we understand as we ought to do the Interest of the Crown and Cavaliers of England I see no reason why it might not be preserved in Ireland for 500 years to come as well it was preserved there for 500 years past without extirpating the Natives Why could not the English Interest be maintained in Ireland without extirpation as well as the Spanish Interest is preserved in Naples and Flanders the French Interest in Rossilignion and Alsace the Swedish Interest in Breme and Pomerland the Danish Interest in Norway the Austrian Interest in Hungary the Venetian Interest in Dalmatia and the Ottoman Interest over all Greece and so many other Christian Provinces without dispossessing the Antient Inhabitants of their Patrimonies and Birth-rights Forts Cittadels Armies and Garrisons Punishment and Reward were hitherto held the only lawful means for the Christian Princes to maintain their Authority and secure their Interest Such an extirpation was never yet practised by any Prince that followed the Law of the Gospel But supposing that the preservation of an English Interest were so sacred a thing that it may be held lawful in that regard to extirpate the old Inhabitants of Ireland who have received from the hand of God that Portion of the Earth for their Inhabitants upon what colour of Title can our rigid Statesman design the extirpation of so many Families in Ireland or the English race and Extraction lineally descended from the best Families in England and those Antient English Colonies who first brought over that Interest into Ireland and maintained it there for so many Ages If this Cannibal English Interest gives no better quarter to the Children of English in Ireland what can Strangers expect Nay what assurance can be had for the prosperity of those very Adventurers and Souldiers that after an Age or two they shall not be likewise devoured or displaced to make room for a new swarm of English Planters upon the account of securing a new English Interest And those new Colonies also within an Age after shall extirpated upon the same score For the Children of those who were planted in Ireland about the beginning of King James his Reign are now destroyed for the better security of an English Interest as well as the posterity of the first English who Invaded the Country in the days of King Henry the Second so that to the Worlds end if we follow this Rule we shall never be able to secure the English Interest in the Kingdom of Ireland The Grandees are the Fourth and last in order that obstruct the Restoration of the Irish Natives Their Title is soon examined being only founded on the Kings free Grant for it cannot be said that His Majesty was bound by any former obligation or pretended conveniency to confer on his Courtiers and Favourites the Land of other People Can there be any conveniency not to speak of Justice that the Kings only Brother and Heir apparent to three Crowns should enjoy so many thousands a year in Ireland of poor Gentlemens Estates whereof some had the honour to serve under his Command in Foreign Countreys And is it fit to expose his Royal Highness and his Princely Posterity to the many inconveniencies and heavy Judgements which commonly follow illegal and unjust acquisitions It is a remarkable passage that Miles Corbeâ— and other Regicides who went over into Ireland got a large proportion of Irish Land for no other service but the execrable Sentence of Death which they gave against our late Soveraign and that the Duke of York should now enjoy all that Land by no other Title but that of the Regicides The Land was given them by a Tyrant for murthering the King let the World judge of the goodness of their Title certainly whosoever comes to inherit them can have no better I shall make no mention here of so many Courtiers of a lesser Sphere who have got vast Estates in Ireland by his Majesties free Gift and whom the first Ministers of State have purposely interressed in that Kingdom to engage them against the Natives whereby the Restoration of the Irish