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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

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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
they had most part of the Kingdom in their hands and a standing Army of 15700 Horse and Foot of their Confederates God grant their Designs be not the same in this present conjuncture The Legality of the Acts of Settlement are not doubted at least-wise the British are satisfied to rest on them By their Objections they declare They intend their Repeal and yet five Parts of six of the Free-holders and the Major part by much of the Corporations in that Kingdom consist of Persons concerned that the present Settlement should continue as it is so that it is impossible for them unless the Kingdom be in such a condition as it was when they made those Articles to have such a Parliament as will answer their Designs English Roman Catholicks have been of another Temper The Statutes made in H. the Eighths Days whereby Church and Abby-Lands were given to the Crown cannot but be esteemed by every Roman Catholick to be more against the Rules of Justice than those Acts of Settlement they are point blank against the Canons of the Roman Church no general Guilt was cast upon the Proprietors no Innocents escaped The Lands were certainly designed for Pious and Charitable Uses and yet the Parliament in Queen Maries Days had such a regard to the Peace of the Kingdom to Purchasers for valuable Considerations and to Laws formerly Enacted that the Statutes for Dissolution of Religious Houses c. tho' but lately made were confirmed at that Session As Purchasers had no reason to question the Legality of these Acts of Settlement so likewise was there no cause to doubt its Equity when the Forfeiting Persons themselves to those that claimed by the King's Letters or as Nominees or by Proviso's c. in the Acts were contented to take part of their Estates of Lands Forfeited by the Rebellion and disposed of to them by those Acts so waving their former Titles several Forfeiting Persons who had the Land of their Country-men in Connaught given them by the Usurper kept those Lands to their own use and have since passed Letters Pattents for them as Forfeited by the late Rebellion without any Companction whatsoever Lastly His late Majesty was pleased to take very great Summs of Money from the British Patentees for their Confirmation and His Sacred Majesty that now is hath ever since the Year 1662. received the Profits of a considerable part of the Forfeited Lands which who could have imagin'd they would have done had they not thought those Lands might be enjoyed with a safe Conscience It is further considerable That to destroy the Settlement at this Time would Ruine multitudes of Families both in Corporations and the Country that depends upon it some of which consists of Souldiers sent thither since King Charles the Second's Restauration settled there tho' now Disbanded others in great numbers have been brought over by the encouragement of an Act of Parliament made the 14th of Charles the Second and several Orders of Council grounded on that Law Certainly it would be a breach of Faith and common Humanity to undo those who have done nothing to deserve so severe a Punishment It is now time to make some Reflections on the Coventry Letter and Pamphlet Intituled The Sale and Settlement of Ireland And first for the Coventry Letter The design of it seems to be to advise against the Issuing any Proclamation to declare That the King had no Intention to touch the Acts of Settlement but would confirm them Many Politick Arguments are used in it which lye not in my way But if His Majesty had been pleased to have declared His Intention Not to break the Act of Settlement it would have given great satisfaction to most of His British Subjects who tho' they do not mistrust His Justice yet cannot but be much Disquieted by the frequent Threats they receive from those that pretend to their Estates the unreasonable and false grounded Objections of others against those Acts. Neither had such Proclamation been without President for January 24. 1672. a Proclamation Issued by which King Charles the Second to take off a Malitious Suggestion diffused amongst His Subjects in Ireland That he did desire to weaken the Acts of Settlement doth declare That it never entred into His Heart either by His late Commission for Inspection or by any Indulgence granted to His Roman Catholick Subjects to live in Corporations any-wise to Infringe the said Acts. The Gentleman 's chief Arguments are against His Majesty's declaring any Intention to confirm those Acts which he Insinuates would be against Justice and Religion Indeed I believe had His Majesty declared Not to suffer the Acts to be broken most Men would not have desired any Promise of Confirmation for they now think their Estates as fully secured to them as Laws can do it However His Majesty in His several Declarations for Liberty of Conscience in England and Scotland hath promised to maintain His Subjects in the Possession of Church and Abby-Lands and yet it is possible this Gentleman might use some of his Argumenns against those Titles The Gentleman layeth down for a Principle That nothing can support the Catholick Religion in Ireland but to make the Catholicks there considerable in their Fortunes as they are in their Numbers which must be the only Inducement can prevail with a Protestant Successor to allow them a Toleration as to their Religion and a Protection to their Estates and that their having all Imployments cannot prevent this danger This must be acknowledged to be a terrible consideration to the British in Ireland That nothing can make the Roman Catholick Religion considerable but breaking the Settlement and giving the Irish the Lands the British now lawfully enjoy But I have a much better Opinion of that Religion and am confident That many who profess it are not of this Gentleman's Mind We see there are some Men that will not easily be satisfied Favour Imployments nor Free-Liberty in the Exercise of their Religion will not satisfie them They will have All or Nothing Our whole Confidence therefore rests in our King's Justice who we hope will never be perswaded to take away the Estates of those who are Guilty of no Offence against His Laws upon any pretence whatsoever The Gentleman advanceth That new Estated Men would freely part with great Sums and a considerable part of their Lands for a Confirmation That these new Estated Men would be as ready to lay their Lives and Fortunes at His Majesties Feet as any Subjects He hath in that Kingdom is a Truth Tryal would quickly Justifie But their Estates if Laws can secure them they have already as well Worded as they can desire If they should Purchase another Confirmation they are well satisfied a Parliament constituted of the Principles with this Gentleman would speedily Repeal it could they procure His Majesties Consent which I hope they will never do to the prejudice of the Act of Settlement now in Being Here I cannot but remember