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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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with Honour the care our English Ancestors had for such as should come after them for the Securing this Kingdom They had observed that not only the meer Irish but the Antient Colonies had no kindness for the New English but the frequent Acts of Resumption passed in their Parliaments had avoided new Grants made to English-men for considerable Services For this and other Causes that Act was procured with great Wisdom by Sir Edward Poynings then Lord Deputy the 10. Hen. 7. by which it is Enacted That no Bills can be offered to a Parliament in Ireland before they have been approved by the King in England This Law tho after attempted by the Natives continues unrepealed and is our present Security who are confident the King is too Just ever to send a Bill into that Kingdom to take from many Thousands of His British Subjects that which they now enjoy by Law The Gentleman seems to be very hard upon the Memory of the late King when he displayeth his Rhetorick to shew how contrary to Zeal Piety and Justice it would be for His present Majesty to confirm the Acts of Settlement reflecting thereby upon King Charles the Second that Acted contrary to Zeal Piety and Justice when he made those Laws Questionless our present Soveraign will upon all Occasions vindicate the Honour of his Brother and I hope He will think no way so proper in this particular as by Protecting that Settlement which His Brother Establish'd The Gentleman hath it seems an expedient to help all Matters and yet he thinks fit to offer some in short which I fear too are the best of his Intentions altho' of a strange Nature He would have His Majesty Condemn Laws as Defective before any Person hath been heard in their Defence and after his Judges upon all occasions have judged them sufficient He would have the Clause concluding the Claims of those not yet adjudged Innocent Rectified whereby I presume he means Revoked by which the Persons concern'd in the Lands formerly Forfeited must near Fifty Years after the Rebellion be put to prove the Offences of particular Persons several of whose Descendants act at present in considerable Civil and Military Imployments and some of them now endeavouring to take off the Outlawries of their Ancestors These are things so Unreasonable that certainly they will never be hearkened unto where they expect they should At last He doubts not but Matters may be adjusted at the next Sitting of Parliament but what Parliament he means I cannot guess if he means an Irish Parliament freely and fairly Elected he knows That more than four Parts of five of it must consist of Persons that will not break the Settlement If he means such a Parliament as the Irish designed when they made the Articles in 1648. I am satisfied few of the British must expect to continue in the Possession of any thing they now Enjoy unless His Majesty be graciously pleased to Interpose Certainly he does not think of the English-Parliament his Country-men against all Reason and Presidents not admitting That Laws made in England bind that Kingdom But if he would have the English-Parliament Reconcile all Differences between us I fee no reason why the British should not Acquiesce if it have His Majesties Approbation I am come now to the Pamphlet called The Narrative of the Sale and Settlement of Ireland but am resolv'd to take no further notice of it than to reflect on some few Matters of Fact by which the Truth of the whole Paper and what sort of Adversaries we have to deal with may appear The Author makes an enumeration of the several Counties of Ireland and tell us Pag. 4. That in the Year 1653. Ten Counties were allotted to the Adventurers Twelve conferr'd on Cromwell ' s Soldiers Three given to Transplanted Irish and Seven reserved to the Common-wealth The first mistake and that a wilful one too is that he affirms That the Counties were thus disposed whereas it was only the Land Forfeited by the Rebellion in those Counties Church-Lands Protestant Lands Constant Good Affectionate Mens Lands were not disposed and the Interests of those were so considerable That not a fourth Part of the Province of Vlster was Forfeited His next Error which sure proceeds from Ignorance is That Ten Counties were given to Adventurers whereas it is notoriously known they had but the Moiety of the Forfeited Land in Ten Counties of which near the half of that hath been since taken from them Pag. 5. He says Five Hundred Gentlemen that Served the King in Flanders are named in the Declaration Let him reckon again and he will find but Two Hundred Twenty Two this is well stretcht yet the modestest mistake in his Paper Pag. 6. He affirms That taking off the Engagement which he says the Irish were forced to do on pain of Death by Cromwell ' s Army was made a Qualification of Innocency that none that had taken it could be declared Innocent And by this Qualification he leaves his Reader to judge of the rest aggravating the Matter with much Rhetorick Certainly this is a Falshood so apparent so easily discovered that no Man that valued his Credit would alledge it 'T is as Wilful as 't is Malitious Had he reckoned the Qualifications in the Act of Settlement right they are as he says but not any thing of the Engagement or any thing like it amongst them I believed the occasion of this was he had told the World That the Qualifications were so Severe and Rigid that some thought it Morally impossible to find an Innocent and yet when he came to consider them he could pick out but One to Cavil at and that put him upon this Notorious Invention Pag. 7. Few of the Irish Peers were admitted to Sit in the House of Lords under pretence of former Indictments Many of the Irish Peers Sate none were excluded upon pretence of Indictments unless they were also attainted of High-Treason Pag. 7. The Act of Settlement alloweth only Twelve Months time to the Tryal of Innocents The Act passed at a Cessation which begun the 17th of April 1662. The time for the Tryal of Innocents was to be the first of August 1662. By this it appeareth there was not near a Years time for their Tryal so that this mistake in this place seemeth to be to the disadvantage of his Friends But he had a further fetch he resolved not to own the kindness that the then Parliament of Ireland shewed those that pretended to Innocency giving them after the time for their Tryal by this Act was expired a year further by another Act being all they desired Pag. 8. The Commissioners began their first Sitting the first of February This Man hath so perfectly fallen out with Truth that it is impossible ever to reconcile them The Commissioners began the Tryal of Innocents the 30th of January 1662. They heard Twenty Seven considerable Claims before the first of February and might have heard many more had the
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