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A96165 Weighty queries relating to the past, present, and future state of Ireland calculated for the present and future benefit of that unhappy kingdom. And tendred to the serious consideration of all who are willing to be inform'd how it became unhappy, and how it may yet be made happy again to posterity. 1691 (1691) Wing W1258A; ESTC R230818 5,616 4

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destruction of so many known Innocent Persons and their Posterities can be found among all the Records of Jews Christians or Heathens Laws Whether King James did not by this pretended Law divest himself and his Successors of any Power to Pardon or Mitigate any of the Penalties mentioned in the said Act Whether his Father King Charles the 1st did not by his Act of Attainder made decimo septimo Caroli Primi with more Justice and Reason attaint all such Irish as should be aiding or assisting as aforesaid to introduce the Authority of the See of Rome into that Kingdom Whether all the Freeholders of Land and all the Freemen of Burrough Towns who chose Representatives to sit in the Supreme Council or pretended Parliament to introduce or maintain that Authority are not attainted by that Law Whether by the said Act all the Forfeitures of that Rebellion were not vested in the then King for the uses of the said Act and whether a Moiety of the said Uses were ever satisfied Whether the King by the said Act did not divest himself and his Successors of any Power to Pardon any of the aforesaid Attainted Irish without the consent of the Lords and Commons assembled in the Parliament of England Whether any of the said Irish or their Posterity can have any Legal Right to the Estates they enjoyed or possessed in the Two last Reigns they being never pardoned or restored by the consent of the said Lords and Commons and none of the said Acts ever yet Repealed or Reversed but continue in force to this very day Whether upon Examinations it will not appear that the said Irish and their Posterities have but a very weak and imperfect pretence to the said Estates by the Act of Settlement and Explanation past in the Parliament of Ireland and that for these following Reasons 1. The said Act of Settlement and Explanation does as the Acts of England vest the Forfeitures in the King for the Uses therein mentioned with only this difference That the English Act vests Remainders which is not in the Vestiture of the Irish Acts. 2. The Enacting Clauses of the Irish Acts raises Rents above the English Acts and retrenches one Third what is allowed by the English Acts to the Adventurers 3. The Uses mentioned in the said Irish Acts were as the aforesaid English Acts never half paid or satisfied 4. Both the said Irish Acts declares chief Favour to the Protestant Interest and provides That none of them should be removed before reprized with other Lands of equal Value Worth and Purchase yet not one of twenty of the Protestants have received any Benefit by the said Clause but after Ten years Possession many were turned out without any Reprize for Lands or Improvements when the said Improvements were of greater Value than the Lands were worth when they entred on them and the while large Donatives were given by the said Acts to all the Irish Generals that were then alive who had not only their former Propriety restored but most of them had new Honours conferred upon them by the King and Large Donatives given them by Provisoes in the Irish Acts or were made Innocent by the Decrees of the Court of Claims 5. The Acts of Settlement gives a twelve Months time for its Execution and prescribes those strict Rules for Adjudication of Innocents that an Ingenious Irishman upon reading the said Act affirmed that his Country-men might as well plead Innocency upon the terms of the Decalogue with God Almighty as with his Vicegerent on the Qualifications of Innocency by the Act of Settlement yet however the proof of the Irish Nocency being placed on the British and the Irish having made all within their Reach either accessary to their guilt or subject to their wrath there were few or none left alive to give Evidence against them the Officers and Soldiers who served before the year 1649. having arrears due by the said Acts were adjudged parties by the Commissioners and Irish Evidence being refused as Participes Criminis so there being but little Evidence left many times Innocents were made as fast as Claims were read 6. The Commissioners for Claims were so long delayed that the twelve Months time allowed by the Act of Settlement was effluxed before the Commissioners met which defect was supplied by another Act of Parliament commonly called an Act of Periods which gave the said Commissioners six Months time for restoring of Innocents and six Months more in Case the Lord Lieutenant and Council should consent thereunto but the said Lord Lieutenant and Council were so little satisfied in the justice of the said Commissioners proceedings that they positively refused any Enlargement of the said term however the Commissioners proceeded and restored six times more Innocents when they had no power or authority for so doing than they did before 7. The Irish Claimants do most of them under their Hands and Seals confess that they enjoyed their Estates Real and Personal till turned out by the Usurpt power when it is well known no British could live in those Quarters and by the Books of Distribution of Quarters made by the Cessation it is clear that nine parts in ten of the whole Kingdom was Irish Quarters Lastly Many of the Irish under their said Hands and Seals claimed the benefit of the Articles of Peace made Anno 1648 which as well as the former are excluded from any claim of Innocency by the express qualification of the Act of Settlement Memorandum That the Act of Settlement confirms only such Decrees of the Commissioners as are pursuant to the said Act. 1. Quer. Whether the Irish could have any Legal Title to the Estates they possessed and enjoyed in the two last Reigns on colour of such Decrees upon those Claims 2. Qu. What Right the Irish can pretend to the Estates they were restored unto when the Commissioners had no power to make such Decrees Were the Irish Claims Decrees Acts of Periods with the Qualifications of Innocency mentioned in the Act of Settlement compared together not one of fifty of the said Decrees wou'd be found Legal or pursuant to the said Acts. Whether his Majesty by the Articles of Galway and Lymerick is now obliged to give the Irish a better or more Legal Title to the Estates they enjoyed and possessed in the two last Reigns Which Right appearing to be none by the aforesaid English Laws and so lame and defective by the aforesaid Irish Acts and the Galway and Lymerick Irish having many of them in person and all of them by their Representatives made null and void the said Irish Laws by their pretended Parliament with that Declaration of Abhorrency and Contempt that they caused both the said Acts publickly to be burnt by the hands of the Common Hangman Query What Justice can they pretend to the Estates they possessed and enjoyed in the two last Reigns only by virtue of the said Acts so annulled and contemned by themselves There being as aforesaid difference in the Vestitures and the Enacting Clauses of the English and Irish Acts Whether it may not be a dangerous President to Posterity that the Parliament of Ireland should assume a power to Alter Change Reverse or Repeal any Acts or Clause of Acts past in the Parliament of England Whether the sitting of a Parliament in Ireland continued from 1640 to 1647 whilst the Parliament in England past the Laws 17º 18º of Charles the First to bind Ireland was not only a tacit and implicit but a full consent beyond all contradiction that Laws made in England even when there is a Parliament sitting in Ireland are binding there seeing in all that time it was not questioned by that Parliament of Ireland then sitting Lastly Since that the Laws of England and Ireland are so jarring as aforesaid Whether it would not contribute much to the improvement quiet and satisfaction of that now desolate Kingdom and a good Expedient to root up those mischievous Fibres which have constantly Repullulated into a forty years Rebellion VVhether it be not desirable that his Majesty will be Graciously pleased that one and the same Act should pass both Parliaments of England and Ireland to secure the Titles of the British and such of the Galway and Lymerick Irish as his Majesty knows most deserving his favour and most likely to live well and Loyally with the British and to leave the rest of that Rebellious Herd to stand or fall by their present Titles And whether it is not as desirable That His Majesty would be further graciously pleased to grant an Act of Registry to secure Property against Perjury and Forgery whereby the Ruins of that Kingdom would soon be repaired His Majesties Revenue highly improved Trade Encreased Expensive and Vexatious Suits of Law prevented and without which Ickabod must be the Character A Foreigner may be the Master when that unhappy Country is made a Habitation for wild Beasts or worse Creatures under only the shape and resemblance of Humane Features State Tracts Being a further Collection of several Choice Treatises relating to the Government from the year 1660 to 1689. Now published in a Body to shew the Necessity and clear the Legality of the Late Revolution and Our present Happy Settlement under the Auspicious Reign of Their Majejesties King VVilliam and Queen Mary Printed for Richard Baldwin LONDON Printed for Richard Baldwin near the Oxford-Arms in Warwick-Lane 1691.