further reserv'd to prove a Correspondence against the few Estated Men that were in the Kingdom Lastly It was the end of Sept. 1688. before we heard any thing of the Prince of Orange's design to make a Descent into England and yet to have been in England or Scotland any time in the Month before or to have corresponded with any there is made Forfeiture of Estate by the Letter of this Statute 4. Least the Children and Descendents of the Protestants thus attainted who had Estates before 1641. should come in and claim them after the Death of the attainted Persons by virtue of Settlements made on valuable Considerations and upon Marriages all such Remainders and Reversions are cut off for there is an express Exception to all Remainders on such as are commonly call'd Plantation-lands and likewise to such Lands c. as are held by Grants from the Crown or upon Grants by Commissioners upon defective Titles It were too tedious to explain these several kinds of Tenures it is sufficient to let the Reader know that they comprehend all those Estates which were acquir'd by Protestants before the year 1641. Thus then the case stood with the Protestants if they purchased or acquired their Estates since the year 1641. out of any of the Lands then forfeited they were to lose them whether Guilty or Innocent by the Act of Repeal if their Estates were such as belong'd to Protestants before 1641. and consequently were what we call Old Interest then to have been in England or Scotland or to have corresponded with any of their Friends there or in the North since August 1. 1688. was a Forfeiture of Estate and a Bar for their Remainders for ever tho the Heirs had done nothing to divest themselves of the Estates derived to them by legal Settlements on valuable Considerations And here the Partiality of this Parliament is visible for there is a saving in the Act for all such Remainders as they thought might relate to any Papist whereas all the Remainders in which they did imagine Protestants could be concern'd are bar'd 5. There is indeed a promise of reprizing Purchasers in the Act of Repeal which was put in to qualifie the manifest Injustice of it and to satisfie the Clamors of several amongst themselves who were to lose their Estates by it as having purchased new interested Land But least any Protestant who staid in the Kingdom should hope for Benefit by this Clause or be repriz'd for the Lands he had purchased perhaps from a Papist they contrive a Clause in the latter end of the Act Whereby the King is enabled to gratifie Meriting Persons and to order the Commissioners to set forth Reprizals and likewise to appoint and ascertain where and what Lands should be set out to them By which the Protestants were excluded from all hopes of Reprizals for to be sure where any of them put in for a piece of Land there would never want a Meriting Papist to put in for the same and when it was left intirely to K. James which he would prefer of those two let the World judge what hope any Protestant could have of a Reprizal Thus when Sir Thomas Newcomen put in Proposals for a Custodiam in order to a Reprizal Mr. Robert Longfield a Convert and Clerk of the Quit-rents and Absentees Goods is said to have put his own Name to Sir Thomas's Proposal and to have got the Custodiam for himself 6. Lastly Some might think that tho near 3000 Protestants were attainted and the Estates of all the rest in a manner vested in the King yet this was only done in terrorem and that K. James never meant to take the Forfeiture To this I answer That it was not left in his power to pardon any that was attainted or whose Estate was vested in him by this Act this was if we believe his Majesty more than he knew when he pass'd it and was one reason why the Act of Attainder was made so great a Secret that no Copy could be gotten of it by any Protestant till the Easter after it was pass'd and then it was gotten by a meer accident We had from the beginning labor'd to get it and offer'd largely for a Copy but could not by any means prevail Chancellor Fitton keeping the Rolls lock'd up in his Closet till at last a Gentleman procur'd it by a Stratagem which was thus Sir Thomas Southwell had been condemned for High-Treason against King James amongst other Gentlemen at Gallway in March 1688. and attainted in the Act of Attainder also he continued a Prisoner till my Lord Seaforth became acquainted with him my Lord undertook to reconcile him to the King and to get his Pardon K. James promis'd it on the Earl's Application and order was given to draw up a Warrant for it The Gentleman I mentioned being a Lawyer and an Acquaintance of Sir Thomas's was employ'd to draw it up he immediately apprehended this to be a good opportunity to get a Copy of the Act of Attainder which he had labor'd for in vain before and which was kept from us by so much Injustice He told the Earl therefore and Sir Thomas what was the real Truth that he could not draw up an effectual Pardon except he saw the Act that attainted him Hereupon the Earl obtain'd an express order from the King to have a Copy deliver'd to him Thus I believe was the only Copy taken of it after it was inrolled it was taken for the use of a Papist and was lent to the Earl who was permitted to shew it to his Lawyer and accordingly left it with him only for one day who immediately imploy'd several Persons to Copy it and the Copy was sent by the first Opportunity into England The List of the Names of those that were attainted had been obtained the January before with difficulty the Commissioners in the Custom-house who seiz'd Absentees Goods and set their Estates could not do their Work without such a List and that which was Printed in England with some of the Acts of our Irish Parliament was coppied from thence but the Act it self could not then be procured and therefore was not Printed with them When the Lawyer had drawn up the Warrant for Sir Thomas's Pardon with a full Non obstante to the Act of Attainder the Earl brought it to the Attorney General Sir Richard Nagle to have a Fiant drawn the Attorney read it and with Indignation threw it aside the Earl began to expostulate with him for using the King's Warrant at that rate The Attorney told him That the King did not know what he had done that he had attempted to do a thing that was not in his power to do that if the Earl understood our Laws or had seen the Act of Attainder he would be satisfied that the King could not dispense with it My Lord answered That he understood Sense and Reason and that he was not a Stranger to the Act of Attainder Sir Richard would
at once inriched and civilized it would hardly be believed it were the same Spot of Earth Nay Over-flown and Moorish Grounds were reduced to the bettering of the Soyl and Air. The Purchasers who brought the Kingdom to this flourishing Condition fly to your Majesty for Succour offering not only their Estates and Fortunes but even their Lives to any Legal Trial within this your Majesties Kingdom being ready to submit their Persons and Estates to any established Judicature where if it shall be found that they enjoy any thing without Legal Title or done any thing that may forfeit what they have Purchased they will sit down and most willingly acquiesce in the Judgments But to have their Purchases made void their Lands and Improvements taken from them their Securities and Assurances for Money Lent declar'd Null and Void by a Law made ex post facto is what was never practised in any Kingdom or Countrey If the Bill now design'd to be made a Law had been attempted within two three four or five years after the Court for the execution of these Acts was ended the Purchasers would not have laid out their Estates in acquiring of Lands or in Building or Improving on them Thousands who had sold small Estates and Free-holds in England and brought the Price of them to Purchase or Plant here wou'd have stayed at home And your Majesties Revenue with that of the Nobility and Gentry had never come to the Height it did If your Majesty please to consider upon what Grounds and Assurances the Purchasers of Lands and Tenements in this Kingdom proceed you will soon conclude that never any proceeded upon securer Grounds The Acts of xvij and xviij of King Charles your Father of blessed Memory the First takes notice that there was a Rebellion begun in this Kingdom on the 23d of October 1641 And so doth a Bill once read in the House of Lords whoever looks into the Royal Martyrs Discourse upon that Occasion will see with what an abhorrence he laments it and that he had once thoughts of coming over in Person to suppress it Those Acts promise Satisfaction out of Forfeited Lands to such as would advance Money for reducing these disturbers of the publick Peace unto their Duty The Invitation was his late Majesties your Royal Brothers Letters from Breda some few weeks before his Restauration which hapned the 29th of May 1660 And within six Months after came forth his Majesties most Gracious Declaration for the Settlement of this Kingdom This may it please your Majesty is the Basis and Foundation of the Settlement and was some years after Enacted and made a Law by two several Acts of Parliament It is true that the Usurping Powers in the Year 1653. having by the permission of the Almighty as a just Judgment on us for our Sins prevailed here did dispose and set out the Estates of Catholicks unto Adventurers and Soldiers and in a year or two after transplanted out Catholick Free-holders for no other Reason but their being so in Connought where Lands were set out unto them under divers Qualifications which they and their Heirs or those deriving under them as Purchasers enjoy'd and still do enjoy under the Security of the before mentioned Acts of Parliament and Declaration His Majesties gracious Declaration of the 30th of November 1660. which I call the Foundation of the Settlement was before it was concluded on under the Consideration of that great Prince and the Lords of his Council of England where all Persons concerned for the Proprietors as well old as new were heard whoever reads will find the many Difficulties which he and his Council met with from the different and several Pretenders what Consideration was had and Care taken to reconcile the jarring Interests and to accommodate and settle as well as was possible the Mass and Body of Subjects here It was some years after before the Act for the Execution of his Majesties most Gracious Declaration became a Law It was neer two years upon the Anvil It was not a Law that past in few days or sub silentio It was first according to the then Course of passing Laws here framed by the Chief Governour and Council of this Kingdom by the Advice and with the Assistance of all the Judges and of his Majesties Council Learned in the Law and then transmitted into England to be further consider'd of by his Majesty and Lords of his Council there where the Counsel at Law and Agents of all Pretenders to the Propriety of Lands in this Kingdom were heard and that Act commonly called the Act of Settlement approved of and retransmitted under the Seal of England to receive the Royal Assent which it did after having passed both Houses of Parliament The Innocent Proprietors being restored pursuant to thiâ— Act and some Difficulties appearing as to the further execution of it Another Act passed commonly called the Act of Explanation which went the same Course and under the same Scrutiny It is confessed that though they are two Acts it was by the same Parliament who were chosen according to the ancient Course of Chusing Parliaments But if any miscarriage were in bringing that Parliament together or the procuring the aforesaid Acts of Parliament to pass which we can in no wise admit and the less for that your Majesties Revenue was granted and settled by the same Parliament and many good and wholsom Laws therein Enacted Yet it is manifest that nothing of that kind ought to affect the Plain and honest Purchaser who for great and valuable Considerations acquired Lands under the Security aforesaid and expended the remainder of his Means in Building Improving and Planting on them and that for the following Reasons First The Purchaser advising with his Counsel how to lay out or secure his Money that it may not lie dead not only to his but the publick detriment tells him that he is offer'd a Purchase of Lands in Fee or desired by his Neighbours to accommodate him with Money upon the Security of Judgment or Statute Staple and upon the enquiry into the Title he finds a good and Secure Estate as firm in Law as two Acts of Parliament in force in this Kingdom can make it and in many Cases Letters Patents upon a Commission of Grace for remedying of defective Titles he finds Possession both of many years gone along with this Title several descents past and possibly that the Lands have been purchased and passed through the hands of divers Purchasers He resorts to the Records where he meets with Fines and Common Recoveries the great Assurance known to the Laws of England Under which by the Blessing of God we live and tells him there is no scruple nor difficulty of Purchasing under this Title since he hath Security under two Acts of Parliament Certificates and Letters Patents Fines and Recoveries and that no Law of force in this Kingdom can stir much less shake this Title How is it possible to imagine that the
one thousand six hundred eighty nine be produced to your chief Governor or Governors of this Kingdom and enrolled in your Majesties High Court of Chancery the same shall be a sufficient Discharge and Acquittal to such of the Persons last before-named and every of them respectively whose Loyalty and Fidelity your Majesty will be pleased to certify in manner as afore-said And be it further enacted That in the mean time and until such Return and Acquittal all the Lands Tenements and Hereditaments within this Kingdom belonging to all and every Absentee and Absentees or other Person to be attainted as aforesaid shall be and are hereby vested in your Majesties your Heirs and Successors as from the first Day of August last past And be it further enacted by the Authority aforesaid that all and every such Person and Persons as by any the foregoing Clauses is are or shall be respectively attainted shall as from the first Day of August one thousand six hundred eighty eight forfeit unto your Majesty your Heirs and Successors all such Mannors Lands Tenements and Hereditaments and all Right Title-Service Chiefery Use Trust Condition Fee Rent-Charge Right of Redemption of Mortgages Right of Entries Right of Action or any other Interest of what nature or kind soever either in Law or Equity of in or unto any Lands Tenements or Hereditaments within this Kingdom belonging or appertaining to such Person or Persons so as aforesaid attainted or to be attainted in his or their own Right or to any other in Trust for him or them on the said first Day of August one thousand six hundred eighty eight or at any time since and all the said Lands Tenements and Hereditaments so as aforesaid forfeited unto and vested in your Majesty your Heirs and Successors hereby are and shall be vested in your Majesty your Heirs and Successors whether such Person or Persons were seized thereof in Fee absolute or conditional or in Tayl or for Life or Lives and that freed and freely discharged off and from all Estates Tayl and for Life and from all Reversions and Remainders for Life for Years or in Fee absolute or conditional or in Tayl or to any Person or Persons whatsoever such Remainder as by one Act or Statute of this present Parliament intituled An Act for repealing the Acts of Settlement an Explanation Resolution of Doubts and all Grants Patents and Certificates pursuant to them or any of them or by this present Act are saved and preserved always excepted and fore-prized Provided always that the Nocency or Forfeiture of any Tenant in Dower Tenant by the Courtesy Jointress for Life or other Tenant for Life or Lives in actual Possession shall not extend to bar forfeit make void or discharge any Reversion or Reversions vested in any Person or Persons not ingaged in the Usurpation or Rebellion aforesaid such Reversion and Reversions being immediately depending or expectant upon the particular Estate of such Tenant in Dower Tenant by the Courtesy Joyntress for Life or other Tenant for Life or Lives any thing in the said Act of Repeal or in this present Act to the contrary notwithstanding Provided always and be it further enacted by the Authority aforesaid that nothing in this present Act contained shall any way extend or be construed to extend to forfeit or vest in your Majesties your Heirs or Successors any Remainder or Remainders for valuable Considerations limited or settled by any Settlement or Conveyance made for such valuable Considerations either of Marriage or Marriage-Portion or other valuable Consideration whatsoever upon any Estate for Life or Lives to any Person or Persons not concerned in the Usurpation or Rebellion aforesaid such Remainder or Remainders as are limited or settled by any Conveyance wherein there is any Power for revoking and altering all or any the Use or Uses therein limited and also such Remainder and Remainders as are limited upon any Settlement or Conveyance of any Lands Tenements and Hereditaments commonly called Plantation-Lands and all Lands Tenements and Hereditaments held or enjoyed under such Grants from the Crown or Grants upon the Commission or Commissions of Grace for Remedy of defective Titles either in the Reign of King James the first or King Charles the first in which several Grants respectively there are Provisoes or Covenants for raising or keeping any number of Men or Arms for the King's Majesty against Rebels and Enemies or for raising of Men for his Majesties Service for Expedition of War always excepted and foreprized All which Remainders limited by such Conveyances wherein there is a Power of Revocation for so much of the Lands Uses and Estates therein limited as the said Power doth or shall extend unto and all such Remainders as are derived or limited for or under such Interest made of plantation-Plantation-Lands or other Lands held as aforesaid under such Grants from the Crown and all and every other Remainder and Remainders Reversion and Reversions not herein mentioned to be saved and preserved shall by the Authority of this present Parliament be deemed construed and adjudged void debarred and discharged to all Intents and Purposes whatsoever against your Majesty your Heirs and Successors and your and their Grantees or Assignees and the said Lands Tenements and Hereditamens belonging to such Rebels as aforesaid shall be vested in your Majesty your Heirs and Successors freed and discharged of the said Remainder and Remainders and every of them And to the end the Reversions and Remainders saved and preserved by this Act may appear with all convenient Speed Be it further enacted by the Authority aforesaid That the respective Persons intituled to such Remainders and Reversions do within sixty Days next after the first sitting of the Commissioners for executing the said Act of Repeal and this present Act exhibit their Claims before the said Commissioners and make out their Titles to such Remainder or Remainders so as to procure their Adjudication and Certificate for the same or the Adjudication and Certificate of some three or more of them And further That all Remainders for which such Adjucations and Certificates shall not be procured at or before One hundred and twenty Days after the first sitting of the said Commissioners shall be void and for ever barred and excluded any thing in this Act or other Matter to the contrary in any wise notwithstanding All which Lands Tenements and Hereditaments mentioned as aforesaid to be forfeited unto and vested in your Majesty by any the Clauses aforesaid are hereby declared to be so forfeited unto and vested in your Majesty without any Office or Inquisition thereof found or to be found and the same to be to the Uses Intents and Purposes in the said Act of Repeal and in this present Act mentioned and expressed And whereas several Persons hereafter named viz. Lyonel Earl of Orrery Mrs. ..... Trapps Ann Vicecountess Dowager of Dungannon Robert Boyl Esq Catherine Woodcock Alice Countess Dowager of Drogheda Alice Countess Dowager of Mountroth Isabella Countess
Dowager of Roscomon Margaret Countess Dowager of Orrery Mary Countess Dowager of Orrery Katherine Countess Dowager of Ardglass Sir Edward Percivall of Burton Baronet Dame Hanna Knox of the City of Dublin Widow Richard Tygh Gent. Elizabeth Lloyd Widow ..... Newcomen Widow Cassandra Palmer Widow Jane Grelier of Damastreet Widow .... Wilson Wife to Mr. Wilson ..... Stopford Widow Jane Lady Best Elias Best her Son ..... Eccles of High-street Widow Ann Ormsby Widow Susanna Torcana of Esseâ—cstreet Spinster ..... Lady Hay ..... Hay her Son Fridayswed Lady Stephens Agnetia Hitchcock alias Stephens ..... Mossom Widow of Dr. Mossom the Minister Elizabeth Lady Cole ..... Lady Buekely ..... Whitfeild Widow of Mr. Whitfield John Johnson Esq Heir to William Williams Lady Isabella Graham Relict of Sir James Graham Lady Donnellan of Oxmantown James Knight Gent. and Isabella Stephens of the City of Dublin Margaret Bencham alias Bolton of Tobberbony in the County of Dublin Widow ..... Griffin of Newstreet ..... Margettson of Corballis Widow and Christopher Burr of Ballyaly Esq William Tygh of Brownestowne in the County of Kildare Gent. and Mary Barry of Kellystown Widow Edmond Pleydell of Tankardstown in the County of Catherlogh Esq .... Boate of Ballerchy in the King's County Gent. Jane Pettit of Tenlagh in the County of Longford Widow Frances Stopford of ..... in the County of Westmeath Widow Grace Cooper late of Dromore Widow and John Dodson of Coulanstown Gent. both in the County of Westmeath Ann Warden of Burne-Church in the County of Kilkenny Elizabeth Kealy of Ballymaclanghny Widow Mary Cremer of Cautwells Garrans Widow Elizabeth Lady Coulthroppe of Kilcolkeene ..... Vice Countess Dowager of Lansborough Frances Stopford of Claragh Widow and Martha Cuffe of Castlenich Widow all in the County of Kilkenny Lady Tabitha Totty of Prospect in the County of Wexford Elizabeth Lady Ponsonby and Agnes Masterson of Prospect Widow both in the County of Wexford Ann Carter alias Hopkins of ..... in the County of Wicklow Widow Katherine Carthy alias Newport of ..... in the County of Cork Widow Katherine Lady Percivall George Rye of Cork Gent. and Elizabeth Carty Daughter of Jeremy Carty all of the County of Cork ..... Lady Armstrong of Waterford Sarah Ledwich alias Shadwell Widow Sarah Aland of Ballinka both in the County of Waterford Elizabeth Lady Petty of ..... in the County of Kerry Ann Parnell of Kilosty in the County of Tipperary Widow ..... Parnel her Son .... Hunter of ..... Widow ..... Hunter her Son Elizabeth Frost Frances Biggs of Keadragh Widow Elizabeth Ward of Keile Jane Frost of ..... Margaret Walken of Ardmaile Widow Mary Hamilton Relict of Arch-Deacon William Hamilton of Emly Ann Hamilton Elizabeth Hamilton her Daughters Mary Davys and Jonathan Ash of Killoquirke Gent. all in the County of Tipperary Margaret Hamilton of Callidon in the County of Tyrone Widow Jane Davys of ..... in the County of Fermanagh Widow and Anna Catherina Lady Hamilton of Tullykeltyre in the County of Fermanagh Lettice Hart of Conlin in the County of Cavan Widow and Grace Kemson of Drumury in the County of Cavan Widow William Hill of Hillsborough in the County of Down Gent. are and for some time past have been absent out of this Kingdom and by reason of Sickness Nonage Infirmities or other Disabilities may for some time further be obliged so to stay out of this Kingdom or be disabled to return thereunto Nevertheless it being much to the weakening and impoverishing of this Realm that any of the Rents or Profits of the Lands Tenements or Hereditaments therein should be sent into or spent in any other Place beyond the Seas but that the same should be kept and employed within the Realm for the better Support and Defence thereof Be it therefore Enacted by the Authority aforesaid That all the Lands Tenements and Hereditaments Use Trust Possession Reversion Remainder and all and every other Estate Title and Interest whatsoever belonging or appertaining to all and every of the Persons herein before last mentioned within this Kingdom be and are hereby vested in your Majesty your Heirs and Successors to the Use of your Majesty your Heirs and Successors Provided always That if any Person or Persons in the next foregoing Clause mentioned have hitherto behaved themselves Loyally and Faithfully to your Majesty that then if they or any of them their or any of their Heirs do hereafter return into this Kingdom and behave him or themselves as becometh Loyal Subjects and do on or before the last day of the first Term next ensuing after such their Return exhibit his or their Petition or Claim before the Commissioners for execution of the said Acts if then sitting or in his Majesty's High Court of Chancery or in his Majesty's Court of Exchequer for any such Lands Tenements or Hereditaments and make out his or their Title thereunto and obtain the Adjudication and Decree of any of the said Courts of and for such his or their Title That then and in such Case such Adjudication and Decree shall be sufficient to all such Person and Persons for devesting and restoring such Estate and no other as shall be therein and thereby to him or them adjudged and decreed and that the Order of any of the said Courts shall be a sufficient Warrant to all Sheriffs or other proper Officers to whom the same shall be directed to put such Person or Persons in the actual Seizin Possession of the said Lands any thing in this Act contained or any other Statute Law or Custom whatsoever to the contrary in any wise notwithstanding Provided always and be it further enacted by the Authority aforesaid That neither the said Act of Repeal or this Present or any thing in them or in either of them contained shall extend to or be construed to Forfeit or Vest in your Majesty your Heirs or Successors or otherwise to bar extinguish or weaken any Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of any Mortgage or Mortgages which on the said first Day of August One thousand six hundred eighty eight belonged or appertained to any Persons not being forfeiting Persons within the true intent and meaning of the said Act of Repeal or of this present Act and which ever since the said first Day of August One thousand six hundred eighty eight continued or remained in such Persons not being forfeiting Persons or devolved descended or come from them or any of them to any of their Heirs Executors or Administrators not being forfeiting Persons as aforesaid any thing in this Act or the said Act of Repeal to the contrary notwithstanding Provided always That the said Person or Persons claiming such Right of Entry Right of Action Use Trust Lease Condition or Equity of Redemption of Mortgage do and shall exhibit his and their Claim for the same before the Commissioners for execution of the said Act of Repeal or of this present Act within sixty Days after the
Judicature in such a method as tended to destroy the Protestant English Interest of Ireland 1. THE support and happiness of a Kingdom consists chiefly in the equal and impartial Administration of Justice and that depends on the choice of fit and duly qualified Persons for filling the Courts and Executing the Laws but King James made choice of such Persons for these Offices as were so far from answering the intent of their Places that they made it their business to destroy the Protestant Interest and the Laws that preserve the Liberty of the Subject in general by those Laws no Man was capable of being a Judg who had not taken the Oath of Supremacy The Judges he found on the Bench had taken it but yet some of them were known to be rather too favourable to Papists and considering the influence King James had in his Brothers time in disposing of Offices it is not to be imagined that he would suffer any Man to sit as a Judge who had not been favourably represented unto him in that Point though we must own he was mistaken in some of them hence it came that Protestants did frequently complain of the Favour and Countenance their Adversaries found in the Courts of Justice even in King Charles II. time But when King James came to the Crown moderate nay favourable Judges would not do the Work he designed He found it necessary to Employ the most Zealous of his Party those who both by Interest and Inclination were most deeply ingaged to destroy the Protestant English Interest and accordingly such were picked out and set on all the Benches 2. The Chancery is the great and highest Court wherein the great Frauds and other matters belonging to Trusts and Equity are determined and neither the Lord Primate Boyle who had managed that Court about twenty years nor Sir Charles Porter who succeeded him could answer the Kings intention but Sir Alexander Fitton of whom I have already given some account a Person detected of Forgery not only at Westminster and Chester but likewise Fined by the House of Lords in Parliament must be brought out of Goal and set on the highest Court of the Kingdom to keep the Kings Conscience though he wanted Law and natural Capacity as well as Honesty and Courage to discharge such a Trust and had no other quality to recommend him besides his being a Convert Papist that is a Renegado to his Religion and his Country but the mystery of this was easily found out The Papists of Ireland had gone a great way to retrieve the Estates they had forfeited by the Rebellion 1641 by counterfeit Settlements Forgeries and Perjuries and to do their business in a great measure there needed no more than to find a Judg that would be favourable to and countenance such proceedings and where could they find a more favourable Judg than one who was notoriously involved in the same guilt and who probably in some Cases did not esteem such Arts unlawful but besides this there is requisite to a Chancellor a peculiar quickness of Parts and Dexterity to penetrate into the contrivances of Cheats and Forgeries for which Sir Alexander Fittons natural slowness and heaviness incapacitated him but this very defect together with his Zeal for Popery fitted him to execute the Kings design as effectually as any that could have been found He could not understand the merit of a Cause of any difficulty and therefore never failed to give Sentence according to his inclination having no other Rule to lead him and how he was inclined towards Protestants appeared from his Declarations on all occations against them he did not stick on a Hearing to declare that they were all Rogues and that amongst forty thousand there was not one who was not a Traitor a Rebel and a Villain for this Reason he would not allow the Guardianship of a Child to the Protestant Mother but gave it against the positive words of the Law to the Popish Relations for this Reason he refused to hear so much as a demurrer in the Popish Dean of Christs Church Mr. Staffords Case For this Cause he over-ruled both the common Rules of Practice of the Courts and the Laws of the Land declaring in open Court that the Chancery was above all Laws that no Law could bound his Conscience and he acted accordingly in many Cases where Protestants were concerned After hearing a Cause between one of them and a Papist he would often declare that he would consult a Divine before he gave a Decree that is he would have the Opinion of a Popish Priest his Chaplain Educated in Spain and furnished with Destinctions to satisfie his Conscience how far he should do Justice to Protestants many Papists came and made Affidavits of being in Possession when they never were and got Injunctions and Orders without any more ado to quiet their Possessions But a Protestant though never so palpably disturbed could not procure any Order but was sent to the Common-Law to recover his Possession by a Popish Jury returned by a Popish Sheriff before a Popish Judg that is he must expect Law from Judges and Officers that Sate and Acted in defiance of Law If at any time the Chancellor was forced to grant an Injunction or Decree it was with all the difficulties and delays that could be and often the thing was lost and destroyed before the Order came for recovering it 3. The Administration of Justice and Equity is the great end of Government and it is as good nay better to be without Governours than to have Governors under whom Men cannot reasonably hope for these We see from the choice of a Chancellor what care King Iames took for the Administration of Equity to Protestants To help the matter he added as Assistants to the Chancellor Mr. Stafford a Popish Priest for one Master of the Chancery and Felix ô Neal Son of Turlogh ô Neal the great Rebel in 1641 and Massacrer of the Protestants for another To these generally the Causes between Protestants and Papists were referred and upon their Report the Chancellor past his Orders and Decrees 4. The Courts of Common-Law were put into the same method and great care taken to fill them with Judges who might be ingaged in a profest enmity to the Protestant Interest In Ireland there are only three Judges on a Bench and it was thought fit for a colour till things were Riper to keep one Protestant on every Bench but whilst there were two Votes to one the Protestant Judg could neither do Right to Protestants or retard a Sentence to be given in the favour of a Papist This mock method of seeming to trust Protestants they took likewise in naming Burgesses and Aldermen for Corporations they generally put some few into their New Charters to serve for a pretence of impartiallity and yet to signifie nothing this Method of continuing some few Protestants in Courts and Corporations serving only to silence and exasperate us to be thus
his Government over them 6. The Case of the Purchasers and Improvers in Ireland seem'd the hardest the Land forfeited by the Rebellion in 1641. was set out to those that had been Adventurers and Soldiers in that War and many of these had sold them at Twelve or Fifteen years Purchase the Purchasers had built fair Houses and Villages on them inclos'd Deer-Parks planted Orchards and Gardens and laid out vast Sums in these and other Improvements it seem'd hard to turn them out without consideration to try therefore whether any thing would make King James relent they endeavour'd to see what he would do for these poor Men how their Case was prest and represented to King James may be judged by a Paper given him by the Lord Granard and drawn up by the Chief Justice Keating with the Approbation of other Protestants 't is in the Appendix King James read it and made no other answer to it but That he would not do evil that good might come of it the meaning of which Words as then apply'd is not easily understood It has been a common Question put to the Gentlemen of Ireland by some that neither know them nor their Affairs What have you lost But sure whosoever knows the extent of Ireland and the value of Land in it will see that the Interest of the English Protestants ruined by King James since he came to the Crown is of greater value than the Estates of all that favour his Cause in England and Scotland and I suppose it would put them out of conceit with him or any other King that should take away but one half of their Estates from them SECT XIII Eighthly King James brought the Lives of his Protestant Subjects in Ireland into imminent danger 1. I Suppose from the former Sections it is sufficiently apparent what Invasions King James made on the Liberties and Fortunes of his Protestant Subjects there remained to them only their Lives and these as will appear from this Section were put in imminent danger by him many were lost and the rest escap'd with the greatest hazard When King James came into Ireland it was certainly his Interest to exercise his Clemency towards his Protestant Subjects and he knew it to be so and therefore in his Declaration which he sent privately into England he made large Professions of his tenderness towards them and boasted how much their safety had been his care every body expected a Proclamation for a General Pardon and Indemnity should have been sent before him and that â—e would have put an effectual stop to the illegal Prosecutions against their Lives and to the Robberies of their Fortunes that every where were going on at his coming but on the contrary he rather pusht on both and not content with the Laws that already were in force which Partial Judges and Juries wrâ—sted to destroy them he made new snares for them by Acts of his pretended Parliament and by several private declarations whereby not only he but his inferior Officers took on them to dispose of the Lives of Protestants 2. It is not reasonable to charge his Majesty with the private Murther committed on Men in their Houses which were many up and down the Kingdom several even in the City of Dublin Only thus far in some degree he may be thought responsible for them he knew very well with what barbarous Murthers the Papists of Ireland had been charg'd in the Rebellion of 1641 he knew what inveterate hatred they carried towards the Protestants and how many Tories and Robbers constantly disturbed the Peace of the Kingdom and yet without any necessity at all he threw himself upon these People he encouraged them he Armed them he gave Commissions even to those that had been Tories and guilty of Murthers and therefore cannot altogether be excused from the Irregularities committed by them especially when there was no search made after or Prosecution of the Murthers as it happened in the case of Colonel Murry of Westmeath Brother in law to my Lord Granard an old Gentleman who had serv'd King Charles the first and second and suffered considerably for his Loyalty he was way-laid and shot dead as he rode to his own House under King James's Protection and with some marks as he imagined of his Favour Yet no enquiry was made after it There were many such private Murthers but I do not think it necessary to insist on them I shall confine my self to such as are of a more publick Nature which gave us just reasons to fear that the Government had a design upon our Lives 3. Such were first encouraging Witnesses to swear us into feigned Plots and Conspiracies of these there were many set up in the Kingdom almost every County had one set up in it and many were put into Prison and indicted for high Treason as Captain Phillips and Mr. Bowen in the County oâ— Westmeath and several others in other places some of which I have before mentioned and when the perjuries of the Witnesses came to be plainly discovered they yet were encouraged and protected from any Legal prosecution Of this nature a Conspiracy was framing against one Mr. William Spike and if it had taken effect it would have reached to a great many more The contrivance was thus one Dennis Connor had a mind to a small Employment which Mr Spike held in the Castle he had petitioned for it but Spike by the Interest of my Lord Powis tho a Protestant kept his place being found diligent in it Connor resolv'd to try another experiment to get him removed he framed a Letter as from one in Inniskilling directed to Spike in which the writer thanks him for his Intelligence and refers to a method agreed on for seizing the Castle of Dublin on a certain Day The Letter to make the thing more credible abuses King James in very ill terms Connor drops this Letter in the Castle where Spike came every Day knowing that as soon as it was found Spike would be seized and then he might manage the Plot as he pleased but his Contrivance was spoiled for the Sentinel saw him drop the Paper and procured him immediately to be seized he was examined before the Chief Justice and I think before King James also why he wrote such a wicked Letter he said it was for the Kings service to remove Spike whom he believed to be a Rogue and who being a Protestant would betray the King Spike Prosecuted him in the Kings-Bench but after all that could be done the Jury brought Connor in not Guilty pretending that it did not appear that this was the very Letter dropt by Connor tho he had confest it before the King and the Lord Cheif Justice and tho it was proved and owned to be his hand and a rough draft of it found with him and the Sentinel swore he dropt a Letter which he delivered to the Officer and the Officer swore that was the Letter delivered by the Sentinel to him tho
Provided that in case it happen that any of the Persons hereby Attainted or to be Attainted do now abide or dwell in this Kingdom and are amenable to the Law that then and in such case if such Person and Persons do by the Tenth day of August One thousand Six hundred Eighty nine without compulsion of his own accord come in and deliver himself to the Lord Chief Justice of your Majesties Court of Kings-Bench in Ireland or to any other of the Judges of the said Court or of any other of your Majesties Four Courts in Dublin or to any Judge of Assize in their Circuits to be charged with any Treason to be charged or imputed to him or them that then and in such case such Person and Persons if after acquitted by the Laws of this Land or discharged by Proclamation shall be freed dlscharged and acquitted from all Peins Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary in any wise notwithstanding And whereas the several Persons hereafter named viz. John Veazy Lord Archbishop of Tuam Arthur Chichester Earl of Donnegal Folliot Wingfield Viscount Powers-Court William Morton Lord Bishop of Kildare William Smith Lord Bishop of Raphoe Narcissus Marsh Lord Bishop of Fernes and Laughlin Edward Jones Lord Bishop of Cloyne Capel Wiseman Lord Bishop of Dromore Sir John Peyton Baronet Sir Thomas Domvile of Temple oge Baronet Sir Arthur Jones of Osberstown Baronet Sir John Morgan Baronet Sir Edward Crofton of Mose Baronet Sir Henry Bingham of Castlebarr Baronet Sir William Evans Baronet Sir Abel Ram Knight Sir John Coghil of Drumconragh Knight Sir William Wentworth of Dublin Knight Sir Henry Ponsonby Knight Sir William Lemon of Knockanelewer Knight Sir John Dillon of Lismullin Knight Sir Robert Cole of Ballymackey Knight Sir Toby Poynes of Brecknock Knight Bartholomew Vanhumrigh of the City of Dublin Merchant Philip Crofts Gent. Stephen Ludlow Esq Anderson Sanders Esq Robert Pooley Gent. Luke Lowther late Alderman Abraham Tarner Esq Edward Harris gent. Robert Bridges Esq William Swift gent. Dr. Ralph Howard John Linegar late of Dunbree Henry Ashton Glover Edward Reyly gent. Adam Swift gent. Thomas Putland Merch. John Carr gent. Matthew French Jun. Samuel Jackson gent. Henry Salmon Merch. Charles Carter Sadler Henry Ecclin Esq late one of his Majesties Sergeants at Law Nehemiah Donneland Esq Counseller at Law Peter Westenra Esq Henry Monk Esq William Manle Esq Murtagh Dowling Esq Isaac Dobson Esq Robert Stopford Esq Robert Peppard Esq John Gowrney Esq Thomas Tilson Esq Joseph Deane Esq late Seneschal of St. Pulchers Liberties James Grace Esq late Seneschal of Christ-Church Liberties Robert Sanders Esq Robert Alloway Esquire late one of the Officers of the Ordnance Doctor .... Miller John Thompson late Agent for the Commissioners Thomas Spranger late Examinator of the High Court of Chancery Captain James Gardner of Pimlicoe Capt. Thomas Cooke of St. James's Street Capt. John Rawlins of Strand Street William Ralphson Gent. William Scott gent. Temple Briscoe gent. William Ormsby gent. Anthony Nixon gent. John Bate gent. Richard Thompson gent. Benjamin Chitwood Thomas Osborne gent. John Gardner gent. John Theacker gent. Giles Spencer gent. Jacob Peppard gent. Michael Harborne gent. Andrew Lloyd gent. Isaack Ambrose gent. Jeremiah Roscoe gent. Philip Harris gent. Richard Flemming gent. William Tisdall gent. Christopher Caldwell gent. Thomas Carter gent. Charles Grolier gent. Faustine Cuppage gent. Richard Hacket gent. Charles King gent. John Rotten gent. Henry Reeves gent. Zachary Foxal gent. Thomas Fisher gent. Gilbert Holmes gent Thomas Sisson Scrivener John Gay the younger Charles Campbel gent. Thomas Twigg gent. Daniel Cooke gent. Edmond Reynel gent. Samuel Frith gent. George Osborne gent. John Edge gent. John Hill gent. Robert Curtis gent. John Curtis gent. Henry Whitfield and .... Whitfield Sons to Counsellor Whitfield Mordecay Abbot gent. Tobyas Creamer of St. Thomas Street gent. Charles Wallis of the same gent. William Berry gent. William Wybrants gent. Benjamin Burton Banker Edward Lloyd Merchant John Abbot late Steward of the Inns John Cuthbert of Skinnerow Goldsmith John Pierson of St. Thomas Street Brewer Samuel Bell of the same gent. Abraham Maw of Castle Street Merchant John Ashhurst of St. Nicholas Street Merchant Henry Steevens of High-Street Merchant Charles Batty of Corn-Market Upholsterer Robert Briddock of Skinner-Row Merchant Edward Brookes of St. Warburgh-Street Merchant John Lovet of the Bliâ—dâ—ey Merchant William Stowel of Highstreet Ironmonger Simon Sherlock of Backlane Brazier William Covett of Cornmarket Hozier Henry Smith of Skinner-Row Haberdasher Henry Rogers of Highstreet Merchant-Taylor Arthur Fisher of the same Plate-maker Vincent Bradston of St. Patrick-street Pewterer Walter Harris of Smithfield Merchant Samuel Price of Pottle Ironmonger John Hudson Maulster Francis Prichard gent. Jonathan Taylor Chandler Samuel Care of Highstreet Merchant Thomas Doran of the Glib Vintner Philip Green of the same Chandler Dennis Cash of Highstreet Merchant Thomas Bodely of the same Merchant Caleb Thomas of the same Merchant John Boosby of the same Taylor Thomas Mason of the same Merchant Robert Teats of St. James-Street Skinner Henry Salmon of Meath-Street Clothier Richard Boose of the same Clothier Joseph James of Highstreet Merch. Robert Roper of the Comb Clothier Barnet Wells of the same Clothier William Lemon of St. Francis-Street Baker Josias Smith of Cavan-Street Brewer George Duxberry of the Comb Clothier Patrick Campbel Stationer Eliphel Dobson of Castle-Street Stationer William Norman of Damas-Street Stationer Charles Carter of Skinner-Row Merchant Francis Stoyt of Copper-Ally Merchant Richard Tygh of Smithfield Merchant John Green of Ormonds-key Carpenter James Cottingham of Skinner-Row Goldsmith Charles Thompson of Corkehill Chyrurgeon Samuel Trevers of St. Marys Abby Merch. John Shelly of Skinner-Row Goldsmith Thomas Elliot of the same Cook John Quin Son to Alderman Quin William Hill of St. Patrick-Street Merch. ... Eastwood of Colledge-Green Clothier James Hartly of Church-Street Merch. Walter Hitchcock Querister Dean John Pooly John Allen Esq Son to Sir Joshua Allen William Clerk of Highstreet Merchant-Taylor John Hetherington Perrywig-maker Henry Rowlandson of Skinner-Row Merch. William Founds of Temple-Bar Merch. Thomas Taylor gent. Samuel Care of Highstreet Merchant-Taylor John Haslack Tanner Doctor John Maddin Francis Roberts and Kender Roberts Brothers to the Earl of Radnor John Wallis of St. Thomas-Street Gent. and William Flood of Colledge-green gent. All late of the City of Dublin John Beatham of Killeck in the County of Dublin Esq Edward Dean of Tyrenure Esq Samuel Folio Chancellor of St. Patricks Robert Meade of Foblestown gent. Martin Basil of Drumcarny gent. Francis Spring of Colledruth gent. William Wybrants of Grange Bally Boyle gent. Isaack Dobson of Dundrum gent. Josias Smith of St. Patricks Close gent. John Rawlins of Newstreet gent. Thomas Baily of St. Patricks Close gent. John Wayâ—lock of Newry Tanner Thomas Shaw of Crookedstaff Tanner Philip Parker of St. Patricks Street Tanner John Ridgeway of Oldbawne gent. John Williamson of Clondalcan
and John Sandisford of the same Gent. Henry Westenra of Athlacca in the County of Limerick Esq John Piggot of Kilfenny Esq Richard Stephens of Newcastle Gent. William Trenchard of Mountrenchard Esq ... Trenchard his eldest Son Eramus Smith of Carrigogonnagh Esq .... Harrison of Ballyvorneene Gent. Hugh Massey sen. of Doontrilige Esq Randall Clayton of Williamstown Gent. Henry Hartstonge Arch-Deacon of the Diocess of Limerick and William Harrison of Tuoreen Gent. all late of the County of Limerick Elnathan Lâ—m Merchant Vincent Gookin of Court-Mac-Shiry Esq Jonas Stowell of Killbritten Esq Philip Dimond of Cork Merchant Thomas Mitchell of the same Merchant Richard Boyle of Shannon-Parke Esq Achilles Daunt of Dortigrenau Gent. Nicholas Lysaght of Ardohnoge Gent. and William Harman of Carrigdownam Esq all late of the County of Cork William Gibbs of ... in the County of Waterford Gent. Loftus Brightwell Gent. Robert Beard Gent. Barzilla Jones Dean of Lismore Matthias Aldington of Tircuillinmore Gent. William Aldlington of the same Gent. and Richard Silver of Youghall Gent. all late of the Counties of Waterford and Cork Henry Brady of Tomgreny in the County of Clare Gent. Richard Picket of Clonmel in the County of Tipperary Esq John Lovet Esq John Castle of Richard's-Town Gent. Joseph Ruttorne of Poolekerry Gent. Thomas Vallentine of Killoman Gent. George Clarke of Ballytarsney Gent. John Bright of Shanrehin Gent. George Clarke of the same Gent. Thomas Climmuck of Tullamacyne Gent. William Warmsby Gent. Richard Clutterbuck of Derryluskane Gent. Erasmus Smith of Tipperary Esq William Watts of Drangan Gent. John Evelin of the same Gent. .... Shapcoate of Loghkent Gent. .... Page of the same Gent. Thomas Moor of Carrageenesâ—iragh Gent. Humphery Wray of Ballyculline Gent. Edward Crafton of Luorhane Gent. Alderman ... Clarke of .... John Clarke Gent. Arthur Annesloe Gent. William Warwick and Purefoy Warwick of Ballysidii Gent. Capt. .... Cope Robert Boyle of Killgraunt Gent. Hugh Radcliffe of Clonmel Gent. Edward Nelthrop Gent. Robert Dixon Samuel Clarke Gent. John Jones Gent. Henry Payne Gent. George Clarke of Tobberheny Gent. Edward Huchinson of Knocklosty Gent. Richard Aldworth late chief Remembrancer John Baiggs of Castletowd Gent. and John Buckworth of Shanballyduffe Esq all late of the County of Cipperary John Kingsmell of Castlesin in the County of Donnegall Esq James Hamilton of Dunmanagh in the County of Tyrone Gent. John Aungier Minister of the Vicarage of Lurgen in the County of Cavan William Allen of Kilmore in the County of Monaghan Gent. James Davys of Carrickfergus in the County of Antrim Gent. Samuel Warring of Warringstown in the County of Down Gent. Henry Cope of Loghall in the County of Ardmagh Gent. Gilbert Thacker of Cluttan Esq Archibald Johnson of Loghelly Clerk Oliver St. John of Toneregee Esq and William Brookes of Droincree Clerk all late of the County of Ardmagh Capt. Thomas Caulfeild of Dunamon in the County of Galloway Josepb Stuart of Turrock in the County of Roscomon Gent. and Henry Dodwell of Leytrin in the same County Gent. Paul Gore of Newton in the County of Mayo Esq Have before the said fifth Day of November last absented themselves from this Kingdom and live in England Scotland or the Isle-of-Man and there now abide and by their not coming or returning into this Kingdom upon your Majesties Proclamation to assist in Defence of this Realm according to their Allegiance must be presumed to adhere to the said Prince of Orange in case they return not within the time by this Act prescribed and thereby may justly forfeit all the Lands Tenements the Hereditaments which they or any of them are intituled unto within this Kingdom Be it therefore enacted by the Authority aforesaid that in case the said Person and Persons last mentioned do not by the first Day of October one thousand six hundred eighty nine of his and their own Accord without Compulsion return into this Kingdom and tender him and themselves to the chief Justice of your Majesties Court of Kings-Bench oâ— to some other Judg of the said Court or Judg of Assize in his Circuit or to any of the Lords of your Majesties most honourable Privy Council to be charged with any Crime or Crimes to him or them to be charged or imputed that then or in case he or they upon such his or their Return shall be convict by Verdict of twelve Men or by his or their own Confession upon his or their Arraignment for Treason or upon his or their Arraignment stand mute such Person and Persons so absent and not returning as aforesaid or after his or their Return being convict of Treason as aforesaid shall from and after the said first Day of October one thousand six hundred eighty nine be deemed reputed and taken as Traytors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason is accustomed But in case such Person and Persons so returning upon such his or their Trial be acquitted or discharged by Proclamation then such Person and Persons respectively shall from thence-forth be freed discharged and acquitted from all Pains Punishments and Forfeitures by this Act incurred laid or imposed any thing in this Act to the contrary notwithstanding Provided always that in case your Majesty shall happen to go into the Kingdom of England or Scotland before the first Day of October one thousand six hundred eighty nine Then if the said Sir William Meredith Sir Charles Chiney Sir Charles Lloyd Sir Algernon Mayo Sir Richard May Sir Joseph Williamson Sir William Barker Alexander Fraizer Esq John Hollam .... Daniel of the Iron-Works Brooke Bridges Charles Vaughan Hugh Merrick Nathaniel Huett Hierom Hawkins Major John Reade William Trenchard .... Trenchard his eldest Son Erasmus Smith .... Harrison of Ballyverneen Achilles Daunt John Power Lord Decies William Gibbs Loftus Brightwell Robert Beard Matthias Aldington William Aldington John Lovett John Castle Joseph Rittorne Thomas Vallentine George Clarke of Ballytrasiny John Bright George Clarke of Shaurelin Thomas Chinnucks William Warmsby Richard Clutturbruck Erasmus Smith William Watts John Evellin .... Shapcoate of Loghkent .... Page of the same Thomas Moore Humphery Wray Edward Crofton Alderman Clarke John Clarke Arthur Anslow William Warwick Purefoy Warwick Capt. ... Coapes Robert Boyle of Killgrant Hugh Radcliffe Edward Nelthrop Robert Dixon Samuel Clarke John Jones Henry Payne George Clarke and Gilbert Thacker whose Dwelling and Residence always hath been in England shall give your Majesty such Testimony of their Loyalty and Fidelity as that your Majesty will be pleased on or before the said first Day of October one thousand six hundred eighty nine to certify under your Privy Signet or Sign manual unto your chief Governor or Governors of this Kingdom That your Majesty is satisfied or assured of the Loyalty and Fidelity of the Persons last before-named or of any of them That then if such Certificate shall on or before the first Day of November
Bodies Politick or Corporate to whom such Certificate shall be given shall during the Space of six Months next insuing the Date thereof diligently prosecute the having and obtaining Letters Patents accordingly but shall thereof be delayed and hindered by the Neglect of any Officer or Officers that then and in such Case the several and respective Persons Bodies Politick and Corporate to whom and in whose behalf such Certificate shall be given or granted shall hold and enjoy the several Mesâ—uages Mannors Lands Tenements and Hereditaments in the several and respective Certificates mentioned and allotted according to such Estate and under such Rent as are therein mentioned as fully and amply to all Intents and Purposes as if Letters Patents thereof had been granted and perfected according to the Directions in the said former Act any thing in this or the said former Act or any other Law Statute or Usage to the contrary notwithstanding And whereas by the Hardships and Oppressions introduced by the said Acts of Settlement and Explanation some ancient Proprietors who would have been restorable by the said Act of Repeal have been necessitated to accept of Leases for Life Lives or Years or Gifts in Tayl or other Conveyances of their own respective Estates and have contracted to pay some Rents Duties or other Reservations out of such their ancient Estates by which Acceptance of Leases or Gifts before-mentioned and by the said Agreements to pay Rents Duties or Reservations for the same the said ancient Proprietors may be barred or stopp'd and concluded from the Benefit of Restitution intended for ancient Proprietors by the said Act of Repeal Be it therefore enacted That the Acceptance of any such Lease or Leases Gift or Gifts in Tayl or any Agreement or Agreements upon any such Account for Payment of Rents Duties or any other Reservation for such their respective ancient Estate or Estates shall be no way prejudicial or binding or conclusive to any such ancient Proprietor or to his or their Heirs Executors or Administrators who have not actually by some legal ways or means released his or their Right to his or their said ancient Estates unto their said Leassors or Donors any thing herein or in the said Act of Repeal to the contrary notwithstanding Whereas some or most of the Lands to be given in Reprizals have not been surveyed by the Surveys commonly called the Down-Survey or Strafford-Survey and that a certain way is necessary to be prescribed for ascertaining the Quit-Rents now made payable thereout Be it therefore enacted by the Authority aforesaid That the Commissioners for the Execution of the said Act of Repeal or any three of them shall and may be impowered to ascertain such Quantities payable out of such Lands so to be given in Reprize and to that Purpose to issue Commissions for Valuations or Surveâ—s as they shall think fit and that such Surveys shall be made according to the Rules and Methods used for the Down-Survey wherein the unprofitable is to be thrown in with the profitable and where the Lands appear barren or the Quit-Rents by the said Act of Repeal proper or fit to be reduced it shall and may be lawful for them to reduce the same in which Case such reduced or reserved Quit-Rents shall be and is hereby the only Quit-Rent payable out of the said Lands if such Quit-Rents be more than the Crown-Rents before this Act payable out of the said Lands But in case the ancient Crown-Rent be more the greater Rent shall be the Rent reserved thereout Provided yet likewise that the Commissioners for the Execution of the said Act of Repeal or in Default of them the Barons of their Majesties Court of Exchequer within five Years after the first sitting of the Commissioners for the Execution of the said Act shall be and are hereby impowered to reduce the Quit-Rents by the said Act due and payable out of Lands by the said Act of Repeal to be restored or formerly restored to the former Proprietors thereof where the Lands are barren or of so small Value that the Quit-Rent doth amount to the fourth part of the Value of the Lands and may be Discouragement to the Plantation of the said Lands and that such ascertaining or abating of Quit-Rents under the Hands and Seals of the said Commissioners or Barons respectively shall be as good and effectual as if the same had been enacted by these Presents any thing herein or in the said Acts of Repeal contained to the contrary notwithstanding And be it further enacted That the Commissioners to be appointed for setling forth Reprizals pursuant to the said Act of Repeal or any three of them shall out of the Stock of Reprizals therein and in this present Act or in either of them mentioned set forth and allot Reprizals to such Person and Persons as by Virtue of this present Act are appointed to be reprized and shall and may also execute such other parts of this Act as are to be executed by Commissioners And whereas divers Lands Tenements and Hereditaments forfeited unto and vested in your Majesty are or may be found to be liable to divers Debts or other entire Payments saved by this Act and for levying and receiving the same the Person or Persons intitled thereunto might charge any part of the Lands Tenements or Hereditaments originally liable to the said Debts or Payments with more than a just Proportion thereof whereby some of the Persons to whom part of the said Lands Tenements or Hereditaments shall be allotted or granted in Reprizal may be overcharged in such Part or Proportion of the said Lands Tenements or Hereditaments as shall be so to him or them granted or allotted which may occasion great Prejudice and Loss to some of the said reprizable Persons if due Course be not taken for apportioning the said Debts and Payments For Remedy whereof Be it enacted by the Authority aforesaid That the Commissioners for Execution of the said Act of Repeal and this present Act or any three or more of them be and are hereby impowered and required equally to apportion such Debts and Payments as shall appear to them to be chargeable upon or levyable out of any Lands Tenements and Hereditaments to be set forth for Reprizals as aforesaid and to ascertain what Proportion of such Debts or Payments each and every Proportion of the Lands Tenements and Hereditaments which were originally liable thereunto and which shall be separately set forth for Reprizals as aforesaid shall remain liable to pay or discharge and the respective Grantees and every of them and their respective Proportions of the said Lands Tenements and Hereditaments to them allotted for Reprizals shall not be liable to any more of the said Debts or Payments than by the said Apportionment shall be appointed and directed which Proportion of the said Debts or Payments is to be inserted in the Certificate to be granted of the Lands liable thereunto if the Person or Persons obtaining such Certificate shall desire the
Fitzgerald Esquires Bur. Trim. Captain Nicholas Cusack Walter Nangle Esquire Bur. of Navan Christoph. Cusack of Corballis Esquires Christ. Cusack of Ratholdran Esquires Bur. Athboy John Trinder Esquires Robert Longfield Esquires Duleek Kells Com. Monoghan Bryan Mac Mahon Esquires 9 th July 1689 Hugh Mac Mahon Esquires 9 th July 1689 Town of Monoghan Com. Fermanagh Enniskillen Queens County Sir Patrick Trant Knight Edmond Morris Esq Bur. Maryborough Peirce Bryan Esquires Thady Fitz Patrick Esquires Bur. Ballinkill Sir Gregory Bourne Baronet Oliver Grace Esquire Port Arlington Sir Henry Bond Baronet Sir Thomas Hacket Knight Com. Roscommon Charles Kelly Esquire John Bourk Bur. Roscommon John Dilton Esquires John Kelly Esquires Bur. Boyle John King Captain Terence Mac Dermot Alder. 6th May 1689. Tulske Com. Sligoe Henry Crofton Esquires Oliver O Gara Esquires Bur. Sligoe Terence Mac Donogh Esquires 8th May 1689. James French Esquires 8th May 1689. Com. Tipperary Nicholas Purcell of Loghmore Esquires James Butler of Grangebeg Esquires City of Cashell Dennis Kearney Aldermen James Hacket Aldermen Bur. Clonmell Nicholas White Aldermen John Bray Aldermen Bur. Fethard Sir John Everard Baronet James Tobin of Fethard Esq Bur. Thurles Bur. Tipperary Com. Tyrone Coll. Gordon O Neile Esquires Lewis Doe of Dungannon Esquires Bur. Dungannon Arthur O Neil of Ballygawly Esquires Patr. Donenlly of Dungannon Esquires Bur. Strabane Christopher Nugent of Dublin Esquire Dan. O Donelly of the same Gent. 8th May 89. Clogher Augher Com. Waterford John Power Esquires Math. Hore Esquires Bur. Dungarvan John Hore Esquires 7th May 89. Martin Hore Esquires 7th May 89. City of Waterford John Porter Esquires Nicholas Fitzgerald Esquires Bur. Lismore Tallow Com. Wexford Walter Butler of Munfine Patrick Colclogh of Moulnirry Bur. Wexford William Talbot Esquire Francis Rooth Merchant Bur. New Rosse Luke Dormer Esquires Richard Butler Esquires Bur. Bannow Francis Plowden Esq Commis of the Revenue Dr. Alexius Stafford Bur. Newborough Abraham Strange of Tobberduff Esq Richard Daley of Kilcorky Gent. Bur. Eniscorthy James Devereux of Carrigmenan Esquires Dudley Colclough of Mougâ—ery Esquires Arther Waddington Esq by a new Election Bur. Taghmon George Hore of Polhore Esquires Walter Hore of Harpers-town Esquires Bur. Cloghmyne Edward Sherlock of Dublin Esquire Nicholas White of New Rosse Merchant Bur. Arklow Fytherd Coll. James Porter Capt. Nicholas Stafford Com. Wicklow Richard Butler Esquires William Talbot Esquires Bur. Caryesfort Hugh Byrne Esquire Peice Archbold Esq Upon whose default of Appearance Barth Polewheele Bur. Wicklow Francis Toole Esquires Thomas Byrne Esquires Bur. Blesington James Eustace Esq Maurice Eustace Gent. Baltinglass Com. Westmeath The Honorable Coll. William Nugent The Honorable Coll. Henry Dillon Bur. and Mannor of Mullingar Garret Dillon Esq Prime Sergeant Edmond Nugent of Garlans-town Esq Bur. Athlone Edmond Malone of Ballynehown Esq Edmond Malone Esq Councellor at Law Bur. Kilbeggan Bryan Geoghegan of Donore Esquires Charles Geoghenan of Syenan Esquires Bur. Fore John Nugent of Donore Esq Christoph. Nugent of Dardis town Esq Com. Londonderry City Londonderry Bur. Colerane Bur. Lamavudy No. 22. An Address to King James in Behalf of the Purchasers under the Act of Settlement by Judge Keating THis humble Representation made unto your Sacred Majesty is in the Behalf of many Thousands of your Majesties dutiful and obedient Subjects of all Degrees Sexes and Ages The Design and Intention of it is to prevent the Ruine and Desolation which a Bill now under Consideration in order to be made a Law will bring upon them and their Families in case your Majesty doth not interpose and by your Moderation and Justice protect them so far as the known Laws of the Kingdom and Equity and good Conscience will warrant and require It is in the Behalf of Purchasers who for great and valuable Considerations have acquired Lands and Tenements in this Kingdon by laying out not only their Portions and Provisions made for them by their Parents but also the whole Product of all their own Industry and the Labour of their Youth together with what could be saved by a frugal Management in order to make some certain Provision for Old Age and their Families in Purchasing Lands and Tenements under the Security of divers Acts of Parliament Publick Declarations from the late King And all these accompanied with a Possession of Twenty five Years Divine Providence hath appointed us our Dwelling in an Island and consequently we must Trade or live in Penury and at the mercy of our Neighbours This necessitates a Transmutation of Possessions by Purchase from one hand to another of Mortgaging and Pledging Lands for great and Considerable Sums of Money by charging them with Judgments and indeed gives Name to one of the greatest Securities made use of in this Kingdom Statutes Merchant and of the Staple and very many especially Widows and Orphans have their whose Estates and Portions secured by Mortgages Bond of the Staple and Judgments Where or when shall a Man Purchase in this Kingdom Under what Title or on what Security shall he lay out his Money or secure the Portions he designs for his Children If he may not do it under divers Acts of Parliament the solemn and reiterated Declarations of his Prince and a quiet and uncontroverted Possession of Twenty Years together And this is the Case of thousands of Families who are Purchasers under the Acts of Settlement and Explanation It were a hard task to justifie those Acts in every Particular contained in them I will not undertake it but if it be consider'd that from 23. October 1641. until 29. May 1660. the time of his Majesties Restauration the Kingdom was upon the matter in one continued Storm That the alterations of Possessions was so universal and Properties so blended and mixt by Allotments and Dispositions made by the then Usurping Powers It may be well concluded that they must be somewhat more then Men that could or can frame a Law to take in every particular Case though it should have swoln to many Volumes and Laws which are to be of such universal Consequence as this was are to have a Regard to the Generality of a Kingdom or People though possibly some particular Person may have some hardship in his private Concern But if we may judge by general Laws by the produce and effect of them and at the same time have a Prospect to the Estate and Condition of this Kingdom from 1640. and as far backwards as you please until the time of his late Majesties happy Restauration and at the same time take into Consideration what the Kingdom became in few years after the Commission for the Execution of those Acts were at an end the Buildings and other Improvements the Trade and Commerce the vast Heads of Cattel and Flocks of Sheep equal to those of England together with great Sums of money brought over by our Fellow-Subjects of England who came to Purchase and Plant in this Kingdom The Manufactures set on foot in divers parts whereby the meanest Inhabitants were
Legislative Power should be made use of to void this Mans Estate who perhaps was never in this Kingdom until after these Acts were Enacted and became Laws it will be the like Case with all Persons who upon the Marriage of their Children and considerable Marriage Portions paid and receiv'd have procured Settlements for Jointured Portions and Remainders for their Children and Grand Children And all these are to be laid aside without any Consideration of Law or Equity in the Case of the Purchasers or any misdemeanor or offence committed by them Whereby vast Numbers of your Majesties dutiful Subjects the present Proprietors and their Lessees and in very many Cases Widows Orphans Merchants and Traders will be at one stroke outed and removed from the possessions of their Lands and Improvements which in many places are more in value than the Township whereon they are made This with submission without some fraud decelt or default of the Purchaser never was and it is hoped never will be done by a People or Nation professing Christianity Nor is it for the Honour Welfare or Advantage of the King or Kingdom to have it so done What will strangers and our fellow-subjects of England and Scotland say We sold our Estates in England transported us and our Families into Ireland to purchase improve and plant there We acquired Lands under as secure Titles as Acts of Parliament the greatest known Security could make them Our Conveyances both by Deeds and matters of Record are allowed good firm and unquestionable by any Law in force at the time of the Purchase We have had the possession 10 12 or 15 years and are grown old upon them We have clearly drawn our Effects from England and settled here not doubting but our Posterity may be so likewise We have purchased Annuities and Rent Charges out of Lands under the same Securities And now the Old Proprietors though many of them had Satisfaction in Connaught would fain have a new Law to dispossess us of our Estates and Improvements made as aforesaid It will not be believed that the chief of those who drew on this Design should in Parliament and elsewhere which ought to consist of the gravest wisest and wealthiest Free-holders of the Kingdom for such the Law presumes them make a noise with that good and wholsome advice Caveat emptor in this Case or can think that Caveat is proper here The Purchaser ought to be wary of any Flaw in the Title at the time of the Purchase made and purchases at his peril if any such there be But who is that Purchaser that must beware of a Law to be made 20 30 or 40 years after his Purchase or to destroy his Security for Money lent or Settlement upon Marriage this is not a desect in the Title but under favour is a President which no humane foresight can prevent and if once introduced no Purchaser could ever be safe the worst of Lotteries affording a securer way of dealing than Ireland would Can it be your Majesties Honour or Advantage to have thousands of Families ruined by such a Proceeding as this is What will become of our Credit and consequently of our Trade abroad Where will be the Reputation and publick Faith and Security of the Kingdom when Foreign Merchants shall know from their Correspondents here that they cannot comply with their Engagements to them their Estates Houses and Improvements both in Countrey and City which they had acquired for great and valuable Consideration and within the Securities of the Laws are taken from them by a Law made yesterday in case this Bill should pass So that in Effect we are not only contriving to break and ruine our own Trades and Merchants at home but even those in Foreign parts which will infallibly destroy your Majesties Revenue and sink that of every Subject Surely these Particulars and the Consequences of them are worth more then two or three days consideration which is as much as this Bill could have since the Parliament was not open'd till the 7th of this Month The very Report of what is designed by this Bill hath already from the most improved and improving Spot of Earth in Europe From stately Herds and Flocks From plenty of Money at 7 or 8 per Cent. whereby Trade and Industry were encouraged and all upon the Security of those Acts of Parliament From great and convenient Buildings newly erected in Cities and other Corporations to that degree that even the City of Dublin is ruined The passing of these Acts and the securities and quiet promised from them inlarged double what it was That the Shipping in divers Ports were 5 or 6 times more than ever was known before to the vast increase of your Majesties Revenue reduced to the saddest and most disconsolate condition of any Kingdom or Countrey in Europe Infinite numbers of the Inhabitants having transported themselves and Families with what remained unfixed in Purchases and Improvements and was portable of their Estates into other Kingdoms that very many of the Buildings both new and old in this City and in the very Heart and Trading Part of it are uninhabited and waste It is grievous to see as you pass through the City the Houses and Shops shut up The Herds and Flocks in the Countrey are utterly destroyed So that of necessity the Tenant must break throw up his Lease leave the Key under the Door and the Lands become waste and from hence will necessarily follow that the Farm-houses and Improvements must go to decay and Beef Tallow Hides Wooll and Butter from whence arise the Wealth of the Countrey will fail us What is become of the frequent Declarations made by the Earl of Clarendon and the Earl now Duke of Tyrconnel of your Majesties fix'd Resolutions never to lay aside the Acts of Settlement and Explanation Why did the Judges in their several Circuits declare in all places where they sate unto the Countries there assembled that your Majesty was resolved to preserve the Acts of Settlement and Explanation and that they were appointed by the then Chief Governour here to declare the same unto them from whence they took confidence to proceed in their Purchases and Improvements and with submission be it spoken if this Bill pass are deluded Shall Patents on the Commission of Grace signify nothing The Great Seal of England tells them they may proceed upon the publick Faith and here again they become Purchasers paying considerable Fines to the King to whom Rents were reserved where none were due before and many places the Rent increased as in case of Fairs and Markets granted together with the Lands on them Patents of Liberties of Free Warren and to enclose and empale for Park surely some consideration ought to be had of those whose money was paid on this account It would be farther considered That your Majesty before your access to the Crown had passed several Lands and Tenements in this Kingdom in Certificate and Patent pursuant to these Acts of
Possession and Letters Patents on Record are all blown off at once and nothing left sure or firm in the Kingdom For my part I cannot understand that any Man will Purchase an Acre of Land hereafter when former Purchasers that thought themselves secure are so much discouraged Improvements must perish likewise for by the Petitions that have been preferred to this House your Lordships may perceive that some Proprietors have but small Estates 20 40 or 100 Acres on which Sumptuous Houses and large Gardens and Orchards have been erected and the Income of their Estates is not able to repair the Glass Windows or defray the Wages of the Gardiner And as for Husbandry what between the Old Proprietor that is to be restor'd and cannot Manure the Ground till he is possessed of it and the present Possessor that knows not how long his Term will hold and therefore will be at no Charges upon a Term that depends on the Will of the Commissioners We shall have the Plow neglected and must feed on one another instead of Corn. My Lords This is not all the inconvenience in it but it is likewise to the prejudice of the People in the Kingdom both Protestants and Catholicks The Protestants are already ruin'd by the Rapparees and if their Estates are taken from them I know nothing wanting to make them compleatly miserable The rich Catholicks have as yet escap'd the Depredations of their Neighbours but they will be almost as miserable as the Protestants when their Estates and Improvements are taken from them My Lords This Bill doth likewise destroy the Publick Faith and Credit of the Nation it destroys the Credit of England by Repealing the Act Pass'd there for the Satisfaction of Adventurers it destroys the Publick Faith of Ireland by Repealing the Acts of Settlement and Explanation it violates the Faith of his late Majesty which hath been pass'd to his Subjects in his Gracious Declaration for the Settlement of this Kingdom and in his Letters Patents pursuant to it It subverts the Credit of his present Majesty in his Letters Patents that he hath Pass'd since his coming to the Crown on the Commission of Grace for he has receiv'd the Composition money and if these Grants must be vacated I cannot forbear to speak it plainly that the Subject is deluded it commits a Rape upon the Common Law by making all Fines and Recoveries useless and ineffectual and it invades the Property of every private Subject by destroying all Settlements on valuable Considerations My Lords This Bill is Inconvenient in point of Time Is it now a time for men to seek for Vineyards and Olive yards when a Civil War is rageing in the Nation and we are under Apprehensions I will not say fears for it is below Men of Courage to be afraid of Invasions from abroad is it not better to wait for more peaceable times and Postpone our own Concerns to the Concerns of his Majesty and the publick Peace of the Nation To do otherwise is to divide the Spoyl before we get it to dispose of the Skin before we catch the Beast We cannot in this case set a better President before Us than the Case of the Israelites in the Book of Joshua they had the Land of Canaan given them by God but yet Joshua did not go about to make a Distribution of it to the Tribes till they had subdued their Enemies and the Lord had given them peace Nay My Lords I am confident that it will prejudice His Majesties Service because every Mans eye and heart will be more on his own Concerns than His Majesties Business it is possible that their affections may be more set upon the gaining of their Estates than the Fighting for the King and then all their Endeavours will be drowned in the Consideration of their own profit Moses was Jealous of this when the Two Tribes and an half desired to have their Possessions on this side Jordan before the Land was intirely subdued and there may be the same motives to the like suspitions now My Lords Either there was a REBELLION in this Kingdom or there was not If there was none then we have been very unjust all this while in â—â—eping so many Innocents out of their Estates And God forbid that I should open my Mouth in the Defence of so gross an Injustice but then what shall we say to His Majesties Royal Fathers Declaration in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who there owns that there was a Rebellion and in pursuance of that Opinion passed an Act to secure such as should adventure Money for the suppressing of it Nay What shall we say to the Two Bills that have been brought into this House the one by an Honourable Lord which owns it fully the latter from the Commoners which owns a Rebellion but extenuates it I take it then for granted that there was a Rebellion and if so it was either a total or a partial one If it was a general one then all were guilty of it and none can pretend to be restored to his Estate farther than the King in his Mercy shall think fit to grant it him If it was a partial one then some Discrimination ought to be made between the Innocent and the Guilty The Innocent should be restored and the Guilty excluded from their Estates but here is a Bill that makes no distinction between them but Innocent and Nocent are all to fare alike The one is to be put in as good a Condition as the other and can your Lordships imagine that it is reasonable to do this when we all know that there has been a Court of Claims erected for the Tryal of Innocents that several have put themselves upon the Proof of their Innocence and after a full Hearing of all that they could offer for themselves have been adjudged Nocent My Lords I have Ventur'd Candidly and Impartially to lay my Thoughts before you and I have no other design in it than honestly to acquit my Conscience towards my KING and Country If my Freedom hath given your Lordships any Offence I do here submissively beg your Pardon for it but it is the Concern of the Nation in general that hath made me so warm in this Affair I have but one thing more to add That God would so direct and instruct your hearts that you may pitch upon those Courses that may be for the Honour of the King and the Benefit of the Kingdom Objections against the Particulars of the Bill made by the Lord Bishop of Meath I. No Penalty on such as shall enter without Injunctions II. No Consideration for Improvements III. No Saving for Remainders IV. No Time given to Tenants and Possessors to Remove their Stock and Corn. V. No Provision for Protestant Widows VI. It allows only Reprisals for Original Purchase-Money which is hard to make out and is an Injury to the Second or Third Purchaser No. 24. Copies of the ORDERS for giving Possessions c. Com. Kildare
But they found a way to elude this by another Clause in the same Act which orders the Mansion House and Demeasnes of the Proprietor or his Assignee in 1641. to be restor'd and the Leases made of such to be void Now they never wanted an Affidavit to prove any beneficial Farm or good House they found in the Hands of a Protestant to have been Demeasnes and a Mansion House and then the Leiutenants of the Counties put them in Possession 3. The same Lieutenants had an Order from Albiville Secretary of State to turn all Protestants out of their Houses if they judged them to be Houses of any strength and to garrison them with Papists We could never procure any Copy of this Order from the Office though they own'd there was such an Order and we found the Effects of it the Reasons of concealing it I suppose were the same with concealing the Act of Attainder The design of the Order was to turn out the few Protestant Gentlemen that liv'd on their ancient Estates and had neither forfeited them by the Act of Attainder nor lost them by the Act of Repeal it was left to the discretion of the Lieutenant of the County whom they would turn out and they acted according to their Inclinations and turn'd out almost every body and 't was with great difficulty and interest that any procured to be eased of this trouble I have given a Copy of some of their Orders in the Appendix In short the Soldiers or Militia took Possessions of such Gentlemens Houses as durst venture to live in the Country and they themselves were sent to Jail and had K. James got the better they must never have expected to have gotten possession of their Houses or been releas'd of their confinement till they had gone to execution for though they had been very cautious how they convers'd yet there would not have wanted Witnesses to prove they had corresponded with some body in England or Scotland since the First of August 1688. and then their Estates were forfeited The Gentlemen thus used were very sensible of one inconveniency that befel them on this Account it troubled them more than their confinement to see their Houses and Improvements destroy'd for when the Soldiers got into the Houses under pretence of garrisoning them they sometimes burnt them and always spoil'd the Improvements As for the Estates of Absentees the Commissioners of the Revenue dispos'd of them and hardly one Estate in Ireland but was already promis'd to some Favourite Papist or other who by Leases from the Commissioners were in actual possession of them through the whole Kingdoms as far as King James's Authority was owned 20. It may be imagined by some that King James did not know that the Repealing the Acts of Settlement and Explanation was of such mischievous Consequence to Protestants and that the Protestants were wanting to themselves and him in not giving him due Information But these Persons will find themselves mistaken in their surmises if they consider 1. That King James when Duke of York was present at all the Debates concerning the Settlement of Ireland at the Council Board in England and was one of the Council when those Acts of Settlement and Explanation past it he had heard every Clause in them debated for near Two years and from time to time he had perfect information and was continually sollicited about them having a fair Estate in Ireland settled on him by them containing by estimation 108000 Acres to the value of 10m Pounds per Annum and perhaps there was not any thing he understood better relating to the Affairs of his Kingdoms then the Consequence of these Acts. We have seen before how many Promises and Assurances King James had given for maintaining them as well knowing the importance of them to this Kingdom But notwithstanding this he of his own accord was the first that motioned the Repealing of them in his Speech at the opening the Parliament in Dublin 2. The Protestants prest and earnestly sollicited to be heard at the Bar of the Lords House upon the Subject of those Acts that they might shew the reasonableness of them and demonstrate the injustice and mischief of repealing them but were deny'd to be heard and an Order made that nothing should be offered in their favour If therefore King James wanted information it was because he would not receive it 3. The Bishop of Meath so far as was allow'd him laid open the Consequences of repealing these Acts so fully in his Speech which he made in the House of Lords when he voted against the Act of Repeal that no Man who heard him as his Majesty did could pretend to want information 4. The Protestants were so far from being silent or letting things pass without opposition that they laboured every Point with all imaginable industry and used all the industry they could with King James to inform and perswade him and when they could not gain one Point they stuck at the next and endeavour'd to gain it till he had deliberately over-rul'd all their Reasons and Pleas from Point to Point and this they did to make his Designs against them the more undeniably plain not out of any hope of success or expectation to prevail with him for they knew their appearing for a thing in the Parliament was enough to damn it of which they had many Experiments One was so remarkable that I shall mention it Mr. Coghlan had a mind to procure a favour for a Friend from the House of Commons whereof he was a Member he knew if he mentioned it it would miscarry and therefore he got a Papist to propose it the House seem'd averse to it and he for Experiments sake rose up and with some seeming warmness oppos'd it immediately the House took the Alarm and in opposition to him voted it They knew likewise that it was determined to destroy them and gratifie their Enemies and that the reason why they were not allow'd to debate the main Point the justice and reasonableness of the Acts of Settlement and Explanation was because that could not be done without shewing what Traitors and Murtherers the Papists had been whom King James was then about to gratifie a thing which he would by no means endure to hear 5. The Reason therefore why the Protestants made so vigorous an opposition and plyed the King and his pretended Parliament with so many Petitions Representations and Intercessions was to stop the Mouths of those that they foresaw would be apt to impute their Misfortunes to their sullenness or negligence that would not be at the pains of an Application to save themselves and to demonstrate to the World that the Destruction brought on them was not a thing of chance but that it proceeded from a formed and unalterable design of their Enemies to destroy them insomuch that they never could have expected to enjoy one Foot of Estate or quiet hour in the Kingdom if King James had continued