this Minister that he frequently both in his Proclamations and Acts of Parliament ascribes the saving of Ireland to him and assigned him above the value of 20 m. Pounds per Annum to support his new Title of Duke out of the forfeited Estates of Protestants most of them Condemned unheard on publick Fame only This Person therefore was the true Enemy of King James he drove his Master out of his Kingdoms he destroyed him by his pernicious Councils and the Kingdom of Ireland by his exorbitant and illegal Management and therefore he and such other wicked Councellors and Ministers are only answerable for all the Mischiefs that have sollow'd and it is much more reasonable the destruction should fall on them who were the Authors than on the Protestants against whom they design'd it APPENDIX AN ACT For the Attainder of divers Rebels and for preserving the Interest of Loyal Subjects HUMBLY beseech your Majesty the Commons in this present Parliament assembled That whereas a most horrid Invasion was made by your unnatural Enemy the Prince of Orange invited thereunto and assisted by many of your Majesty's rebellious and trayterous Subjects of your Majesty's Dominions and such their inviting and assisting made manifest by their perfidious deserting your Majesty's Service in which by your many Princely Obligations besides their natural Duties they were bounden and having likewise to obtain their wicked ends raised and levied open Rebellion and War in several places in this Kingdom and entered into Associations and met in Conventions in order to call in and set up the said Prince of Orange as well in Ulster and Connaught as in the other Provinces of Munster and Lienster To quell which your Sacred Majesty's late Deputy in this Kingdom Richard then Earl and now Duke of Tyrconnel before your Majesty's happy Arrival in this Kingdom and your Sacred Majesty since your Arrival here have been necessitated to raise an Army to your Majesty's great Charge and Expence And though the said Rebels and Traitors after their having the impudence to declare for the Prince and Princess of Orange against your Sacred Majesty were with all mildness and humanity called in to their Allegiance by Proclamations and Promises of Pardon for their past Offences and Protection for the future And though some of the said Proclamations assured Pardon to all such as should submit themselves and that no Persons were excepted in the last Proclamation besides very few not exceeding Ten in number and few or none of any note came in in obedience thereto and that very many of the Persons who came in upon Protections and took the Oath of Allegiance to your Majesty were afterwards found amongst the Rebels in open Arms and Hostility when taken Prisoners or killed such Protections being found with them So villanous were they by adding Perjury to their former Crimes That it may be Enacted and be it Enacted by your most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by Authority of the same that the Persons hereafter named being Persons who have notoriously joined in the said Rebellion and Invasion and some of which are upon Indictments condemned some executed for High Treason and the rest ran away or abscond or are now in the actual Service of the Prince of Orange against your Majesty and others kill'd in open Rebellion viz. Francis Marsh Lord Archbishop of Dublin James Butler Duke of Ormond Richard Boyle Earl of Cork Cary Dillon Earl of Roscomon William Earl of Strafford Edward Brabazon Earl of Meath John Earl of Mulgrave Vaughan Earl of Carberry William O Bryan Earl of Inchiquin Charles Coote Earl of Mountrath Henry Moor Earl of Drogheda Charles Talbot Earl of Waterford and Wexford Hugh Montgomery Earl of Mountalexander Richard Earl of Ranelagh Sidney Earl of Leicester Villers Viscount Grandison James Annesly Viscount Valentia and Earl of Anglesey George Viscount Castleton Sâ—udamore Viscount Sâ—udamore of Sligoe Luâ—bly Viscount Luâ—bly of Waterford Wenman Viscount Wenman of Tuam Buckley Viscount Buckley of Cashel Francis Boyle Viscount Shannon John Skevington Viscount Mâ—ssareene Cholmundy Viscount Cholmundy of Kells Richard Boyle Viscount Dungarvâ—n alias Lord Clifford Maurice Berkeley Viscount Fitz-Harding of â—eerehaven William Caulfield Viscount Charlemont Morrough Boyle Viscount Blessington James Lane Viscount Lanesborough Daâ—ney Viscount Down William Stewart Viscount Mount joy Adam Loftus Lord Lisburn Ezekiel Hopkins Lord Bishop of Derry William Sheridan Lord Bishop of Killmore William Digby Lord Digby of Geashell Henry Lord Blany of Monoghan Henry Lord Herbert of Castle-Island Sherrard Lord Sherrard of Leytrim Lord Wâ—rton Robert King Lord Baron of Kingston Richard Coote Lord Baron of Coloony Charles Petty Lord Shelburne Henry O Bryan commonly called Lord Ibrickan Robert Dillon commonly called Lord Kilkenny-West William O Bryan commonly called Lord O Bryan Son to the Earl of Inchiquin Robert Lord Lucas Sir Arthur Royden of Moyra Baronet Sir Arthur Cole of Newland Baronet Sir Robert Reading of Brareil Baronet Sir William Temple Baronet late Master of the Rolls Sir Francis Blundell of Edenderry Baronet Sir Laurence Parsons of Bi r Baronet Sir Richard Reynells of Dublin Baronet Sir Christopher Wandesford of Castle Comber Baronet Sir Thomas Southwell of Castlematres Baronet Sir Simon Eaton of Dunmoylen Baronet Sir Emanuel Moore of Ross Baronet Sir Robert Southwell of Kinsale Baronet Sir John Osborne of Baronet Sir Robert Staples of Lissane Baronet Sir James Caldwell of Bellick Baronet Sir John Humes of Castle-Humes Baronet Sir Francis Hamilton of Castle-Hamilton Baronet Sir Arthur Longford of Summer-Hill Baronet Sir William Francklin of Belfast Baronet Sir Oliver St. George of Headford Baronet Sir Robert King of Rockingham Baronet Sir William Gâ—re of Mannâ—r-Hamilton Baronet Sir William Courtney of New-Castle Baronet Sir William Tichburn of Bewly Baronet Sir Samuel Barnadiston Baronet Sir Robert Cottrill of New-town Knight Sir Joshua Allen of Dublin Knight Sir Matthew Bridges of the same Knight Sir Phillips Coote of Killester Knight Sir John Temple of Palmerstown Knight Sir Charles Meredith of Green-Hills Knight Sir Richard Ryves of Dublin Knight Sir Richard Stevens late of Dublin Knight Sir John Edgeworth of Lissane Knight Sir Robert Clayton Knight Sir Richard Buckley of Dunlavan Baronet Sir Henry Fane of Loghgurr Knight Sir Robert Holmes of Ardagh Knight Sir Richard Hull of Leamcon Knight Sir Matthew Dean of Cork Knight Sir Henry Ingoldesby of Dangen Knight Sir John Topham Knight Sir Francis Brewster of Brewsterfield Knight Sir Albert Cunningham of Mount-Charles Knight Sir Tristrum Beresford of Ballykelly Baronet Sir John Magill of Gill-Hall Knight Sir Nicholas Atcheson of Mullaghbrack Knight Sir George St. George of Dummore Knight Thomas Coote of the City of Dublin Esq Richard Foster Esq William Worth Esq lately one of the Barons of the Exchequer John Eaton Esq Counsellor at Law Lieutenant Joseph Stopford Ensign Thomas Stanly Captain Oliver Long Captain Thomas Flower Lieutenant Buckridge Lieutenant
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
not hold for the Reasons aforesaid Thirdly There is no such thing as Restitution of Temporal Estates in England for they were wiser there than to lose their Estates though they would be free to consent or advise that others may so it is very free for the King to make any Settlement of any Spiritual or Temporal Estates there as he shall think fit notwithstanding any Settlement he makes in Ireland Now remains I think one Objection to solve which may give some Obstruction to this intended Settlement which is that of the Gown-men or others who made Purchases of some New Interests bona fide Must they lose 〈◊〉 Purchase and Money To which I answer That although it may be reply'd Caveat emptor especially to the Gown-men who knew best of all that horrid Act of Settlement or so called was most unjust and could by no true Law hold yet because they are Persons useful for the Common-wealth and acted bona fide seeing the Estate out of the Ancient Proprietors Hands by so many Publick Acts as it was not like ever to come to him again there ought an Expedient to be found for the like that they be not losers and that either they or the Ancient Proprietors may be recompensed one way or other rather than it should be an Obstacle to the common Good And so I have done with this matter which I leave and recommend to God and you This is all the advice I can now give upon this matter and the Observations I make by my Conversation and Acquaintance with the People this year past and I am sure I am not deceived in my Opinion of them in relatition to 78 nor in the reasons they will make use of to perswade you to neglect your own Interest to save theirs and I am no less certain 27 is all inclined that way So you are to look to your selves and whilst Sun shines to make your Hay Nune tempus acceptabile Nunc dies Salutis Dum ergo tempus habemus operemur bonum maxime ad domesticos fidei 92 if authoriz'd will make all this Court go in your way by shewing them it is their Interest of which he has laid some Foundations already There remains another Observation which is That a Benedictine English Monk called Price is gone thither with the King who pretends to play that we call here premier aâ—mosnier in England they call it Clerk of the Closet to the King which Father Peters had there And here it is always a Bishop Now the Bishop of Orleans whose Office is to assist the King at Mass and all other Ecclesiastical Functions as Chief when the Lord High Almoner is not present gives the orders and spiritual directions cum privilegio exceptionis in the King's Palace and Liberties of it Why should we in our Country have any in that place but one of our selves Let them take place in England and so why would not you have this place for your self there or get it for M. B. and exercise the Functions in his absence rather than a Stranger should have it before our face and laugh at us Now to other business you are to know your business in Rome is concluded upon and past all difficulties only remains the Expedition of the Bulls which you may ever move as you please The Expences whereof by Dr. Sleyn's great care and Sollicitation with the help of Cardinal Howard and means of Monsieur Casone Favorite to his Holiness are reduced to a hundred Roman Crowns though it cost Dr. Fuller for worse 170. notwithstanding all the Favours and Sollicitations which were many he could employ Dr. Sleyn this Seignior Cousin should be thanked by a Civil Letter to which I wrote one of which I here send you a Draught you No. 19. A List of all the Men of Note that came with King James out of France or that followed him after so far as could be Collected THe Duke of Berwick Mr. Fitz-James Grand Prior. Duke Powis Count D' Avaux Ambassador from France Earl of Dover Lord Henry Howard Lord Thomas Howard Lord Drummond Marquess D' Estrades Earl Melfort Lord Seaforth Bishop of Chester who died here and is buried in Christ Church Gourdon Bishop of Galway Hamilton Dean of Glasgow Sir Edward Herbert Sir John Sparrow Collonel Porter Mr. Pedle Monsieur Pontee Engineer Captain Stafford Captain Trevanyon Sea Capt. Sir Roger Strickland ditto Captain Arundel ditto Collonel Sarsfield Coll. Anthony Hamilton Coll. John Hamilton Coll. Symon Lutterel Coll. Henry Lutterel Coll. Ramsey killed at Derry Lord Abercorne Coll. Dorrington Major Thomas Arthur Lord Dungan Capt. Mac Donnel Sea Capt. Sir William Jennings Coll. Sotherland Sir Hen. Bond Receiver Gen. Mr. Collins Com. of the Reven Coll Clifford Coll. Parker Marshal de Rosene Lieutenant General Mamve killed at Derry Lieu. Gen. Pusignan kill'd there also Major General Leary Lord Trendraught Lord Buchan Major John Gourdon Lieutenant Coll. John Skelton Major John Ennis Major William Douglas Lieut. Coll. Hungate Major William Connock Sir Charles Carney Lieut. Coll. Alex. Mackenzy Major James Fountaine Major Teig Regan Lieut. Coll. Edward Scott Major Robert Frayne Major Symon O Hogherne Lieut. Coll. Bynns Coll. James Purcel Lieut. Coll. George Traps Major Robert Ingram Major Edmond Pendergast Major John Gifford Lord Hunsdon Coll. Lieutenant Collonel Francis Leonard Coll. Alexander Cannon went for Scotland Major Edmond Bourk Major James Dempsy Major Frederick Cunningham Coll. Robert Fielding Major Richard Hillersden Major Boepry Monsieur Boisâ—ean made Governour of Cork His Brother St. Martin Commissary of the Artillery killed at Cromp-Castle Sir Edward Vaudrey Sir Charles Murray Sir Robert Parker Chaplains viz. FAther Nich. Dunbar Father Dan. Mac Ayliffe Anthony Mac Gwyre Nicholas Trapps John Madden Austin Mathews Laurence Moore Father Edmond Reyly John de Gravell John Hologhan Father Richard Peirce Patr. Aghy Darby Daley Thady Croley Danniel Mac Carthy Chirurgeons viz. JOhn Brunton Thady Regan Jo. Baptista Monlebeck Charles Stapleton John James Aremore John Cassel Edmond Tully Nicholas Reynard Captains WIlliam Charters William Oliphant Robert Charters Peter Blare Thomas Brown Francis Creighton James Buchan Alexander Gourdon George Lattin Sir Alphonso Moiclo John Baptista du Moll John Mollins John Wynnel John Fortescue Robert London George Roberts Thomas Scott James Fitz Symons William Gibbons William Delaval Mau. Flynn Richard Scott Connor O Toghil Anthony Ryan Rupert Napier Terence O Brian Edmund Kendelan Henry Crofton Richard Anthony Edmund Nugent John Plunkett John Dungan Rowland Smyth Gowen Talbot Simon Barnwell John Broder John Cavenagh Edmund Stack Walter Hastings Edward Widdrington Samuel Arnold Robert Welsh David Rock Charles Booth Jornoe Robert Fielding Francis Gyles John Barnardy Anthony Power John Chaple Rowland Watson Thomas Arundel Robert Hacket Sir William Wallis Richard Burton Cornelius Mac Mahon Talbot Lassels Richard Bucker Charles Fox Anthony Vane Strickland Tyrwhit John Manback Francis Cullange John Lumendato Fran. Lappanse Bernardo Buskett Jos. Pamnett Captain Millio George Coney Chevalier Devalory Sir Samuel
and Corn belong'd to Protestants by these and other such Contrivances from the year 1686. till King James's Power was put to an end by the Victory at the Boyn hardly any Protestant enjoy'd any Tythes in the Country all which was represented to the Government but to no purpose 7. In Corporate Towns and Cities there was a peculiar Provision made for Ministers by Act of Parliament in King Charles the Second's time by which Act the Houses in those Places were to be valued by Commissioners at a moderate value and the Lord Lieutenant or chief Governour for the time being did assign a certain Proportion for the Ministers maintenance not greater than the Twentieth part of the yearly value return'd by the Commissioners That therefore the City Protestant Clergy might not be in a better condition than those in the Country an Act was past in their pretended Parliament to take away this altogether the Clergy of Dublin desir'd to be heard concerning this Act at the Bar of the House of Lords before it past and their Council were admitted to speak to it who shew'd the unreasonableness and unjustice of it so evidently and insisted so boldly on King James's Promise to the Protestant Clergy at his first arrival in this Kingdom when he gave them the greatest assurances of maintaining them in their Rights and Priviledges and further bid them if aggriev'd in any thing to make their Complaints immediately to him and engaged to see them redrest that he seemed to be satisfied and the House of Lords with him yet the design to ruin them was so fixt that without offering any thing by way of Answer to the Reasons urged against it the Act past and thereby left the Clergy of the Cities and Corporate Towns without any pretence to a maintenance except they could get it from the voluntary Contributions of their People nay so malicious were they against the Protestant Clergy that they cut off the Arrears due to them as well as the growing Rent having left no means to recover them as appear'd upon Tryal at the Council-board afterward when some of the Clergy petitioned for relief therein 8. Upon the Plantation of Ulster 1625. there was a Table of Tythes agreed on by the King and Council and the Planters to whom the Grants were made by the King obliged to pay Tythes according to that Table the pretended Parliament took away this Table also for no other Reason that we could learn but because most of the Inhabitants of Ulster were Protestants and consequently the Protestant Clergy would pretend to them 9. The Livings of Ireland were valued by Commissions in Henry the Eight and Queen Elizabeths time and paid First Fruits and Twentieth Parts according to that valuation other Livings were held in Farm from the Crown and paid yearly a considerable reserved Rent commonly call'd Crown Rents others appertain'd to the Lord Lieutenant and other Officers of State and paid a certain rate of Corn for their use commonly call'd Port Corn. Now all these Payments were exacted from the Protestant Clergy notwithstanding the greatest part of their Tythes were taken from them The remaining part where any remained was seiz'd in many Places by the Commissioners of the Revenue and a Custodiam granted of it for the King's use for the payment of the Duties which accru'd out of the whole and not one Farthing allow'd for the Incumbent or the Curate nay in some Places they seiz'd the Incumbents Person and laid him in Jail till he paid these Duties though at the same time they had seiz'd his Livings and found that they were not sufficient to answer what they exacted and because the Clerk of the First Fruits Leiutenant Colonel Roger Moore being a Protestant himself would not be severe with the Clergy and seize their Livings and Persons to force them to pay what he knew they were not in a capacity to do they found pretence to seize his Person and sent him with Three Files of Musquetiers Prisoner to the Castle of Dublin where he and two Gentlemen more lay in a cold nasty Garret for some Months By these Contrivances the few Benefices yet in the hands of the Protestants instead of a support became a burthen to them and they were forced to cast themselves for a maintenance on the kindness of their People who were themselves undone and beggar'd SECT XVII 3. King James took away the Jurisdiction of the Church from Protestants 1. IT is impossible any society should subsist without a power of rewarding and punishing its Members now Christ left no other power to his Church but what is purely Spiritual nor can the Governours of the Church any other way punish their Refractory Subjects but by refusing them the Benefits of their society the Administration of the Word and Sacraments and the other Spiritual Offices annexed by Christ to the Ministerial Function But Kings and Estates have become Nursing Fathers to the Church and lent their Temporal power to second her Spiritual Censures The Jurisdiction therefore of the Clergy so far as it has any Temporal effect on the Bodies or Estates of Men is intirely derived from the Favour of States and Princes and acknowledged to be so in the Oath of Supremacy However this is now become a right of the Clergy by ancient Laws through all Christendom and to take it away after so long continuance must needs be a great blow to Religion and of worse Consequence than if the Church had never possessed it yet this was actually done by King James to the Protestant Clergy and is a plain sign that he intended to destroy their Religion when he depriv'd them of their support 2. For first he past an Act of Parliament whereby he exempted all that dissented from our Chruch from the Jurisdiction thereof and a Man needed no more to free him from all punishment for his Misdemeanors though only cognizable and punishable in the Ecclesiastical Courts than to profess himself a Dissenter or that it was against his Conscience to submit to the Jurisdiction of our Church nay at the first the Act was so drawn and past the House of Commons that no Protestant Bishop could pretend to any Jurisdiction even over his own Clergy but that and several other passages in the Commons Bills were so little pleasing to some who understood the King's Interest that Sir Edward Herbert was employed by King James to amend the Act for the House of Lords which he did in the form it is now in nothing of the Commons Bill being left in it but the word Whereas tho after all it effectually destroyed the Jurisdiction of the Church 3. But second in most places there was no Protestant Bishop left and consequently the Popish Bishop was to succeed to the Jurisdiction they being by another Act invested in Bishopricks as soon as they could procure King Jame's Certificate under his privy Signet that they were Archbishops or Bishops all incapacities by reason of their religion by any Statute
George of Athlone and John Gardner of Tulsk Gent. all in the County of Roscomon Thomas Jones of Armurry in the County of Mayo Gent. Hunry Gun of .... Clerk Francis Cuffe of Ballinrobe Esq Henry Nicholson of Dromneene Gent. William Pullen of Ballinrobe Clerk and all in the County of Mayo Thomas Osborne of ...... in the County of Leytrim Gent. Thomas Buckridge of ....... Gent. Thomas Coote of ....... Esq Charles Campell of ...... Esq Benjamin Fletcher of James-town Esq and Dr. John Lessley all late of the County of Leytrim Have absented themselves from this Kingdom and have gone into England or some other Places beyond the Seas since the Fifth day of November last or in some short Time before and did not return although called Home by your Majesties gracious Proclamation Which absenting and not returning cannot be construed otherwise than to a wicked and traiterous Purpose and may thereby justly forfeit All their Right and Pretentions to all and every the Lands Tenements and Hereditamentsto them belonging in this Kingdom Be it therefore enacted by the Authority aforesaid That in case the said Person and Persons do not by the First day of September One thousand six hundred eighty and nine of his or their own accord without Compulsion return into this Kingdom and tender him and themselves to the Chief Justice of his Majesties Court of King's-Bench or to some other Judg of the said Court or Judg of Assize in the Circuit or any of the Lords of your Majesty's most Honourable Privy-Council to be charged with any Crimes to him or them to be imputed that then or in case he or they upon such his or their Return shall be Convicted 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 High-Treason as aforesaid shall from and after the First day of September One thousand six hundred eighty nine be deemed reputed and taken as Traitors convict and attainted of High-Treason and shall suffer such Pains of Death and other Forfeitures and Penalties as in Cases of High-Treason are accustomed But in case such Person and Persons so returning be upon such his or their Trial acquitted or discharged by Proclamation then such Person and Persons respectively shall from thenceforth 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 And whereas the several Persons hereafter named viz. Robert Ridgway Earl of Londonderry Arthur Loftus Viscount Loftus of Ely .... Beamount Viscount Beamount of Swords ..... Chaworth Viscount Chaworth of Armagh .... Fairfax Viscount Fairfax of Emly ..... Tracy Viscount Tracy of Rathcoole ..... Ogle Viscount Ogle of Catherlogh Lewis Trevor Viscount Dungannon Folliott Lord Folliott of Ballyshannon George Lord George of Dundalk ..... Fitz-Williams Lord Fitz-Williams of Lifford .... Hare Lord Colerain Richard Lord Baron of Santery Antham Annesly Lord Baron of Altham Lawrence Barry commonly called Lord Battevant John Power commonly called Lord Deces Sir Standish Hartstonge of Broffe Kt. Sir Walter Plunket of Rathbeale Kt. Sir William Meredith of Kilriske Kt. Sir John Parker of Farmyle Kt. Sir Richard Stephens of Rosse Kt. Sir Maurice Eustace of Baltinglass Kt. Sir St. John Broderick of Ballyannon Kt. Sir Michael Cole of Enniskilling Kt. Sir Charles Chiney Kt. Sir Charles Lloyd Kt. Sir Algernon Mayo of Rogers-town Kt. Sir Richard May Kt. Sir Joseph VVilliamson Kt. Sir William Barker of Abbeykillcooly Kt. Christopher Usher of the City of Dublin Esq Richard Leeds Merchant Maurice Kealing Esq Dr. .... Dominick Dr. .... Dunne Capt. John Quelsh of St. Stephens Green William Bazil Esq Thomas Howard Clerk to the Yeield Richard Nuttall Merchant Gideon Delane Gent. William Robinson Esq Richard Barry Gent. Capt. William Shaw and Philip Harris Esq all late of the City of Dublin John Bulkely of Old-Bawne in the County of Dublin Gent. Robert Boridges of Finglass Esq Alexander Frazier of Meagstown Esq Edward Bolton of Brazille Gent. Humphrey Booth of Ballyhack Gent. Edmond Keating of Corballis Esq Chambre Brabazon of Thomas-Court Esq Dacre Barrett of Cripple-stown Esq Arch-Deacon John Fitz-Gerrald Richard Bolton Esq William Barry of Sautery Gent. and Martin Bazill of Donicarney Gent. all late of the County of Dublin James Barry of Kelleystown in the County of Kildare Gent. Thomas Holmes of Castledermott Gent. Cornet Richard Wybrants of Bunchestown Maurice Keating of Norraghmore Esq Garrett Wesly of Old-Connel Esq Richard Mereeith of Shrewland Esq Samuel Syng Dean of Kildare and Christopher Lovett of Nourny Gent. all late of the County of Kildare Richard Boyle of Old-Leighlin in the County of Caterlogh Esq John Hollam of Island in the King's-County Gent. Joseph Hawkins Gent. Samuel Hawkins Gent. Arthur Shane Esq Son to Sir James Shane Henry Westenray Esq Martin Baldwin of Geshell Esq all late of the King's County George Bridges of Burrows in the Queen's County Esq Richard Pryor of Rathdowny Gent. Francis Barrington of Cullenagh .... Daniel of Ironworks Gent. Brooke Bridges of Kilmensy Gent. Charles Vaughan of Derringvarnoge Gent. Hugh Merrick Gent. Nathaniel Huett Gent. Robert Hedges of Borres Esq and Richard Warburton of Garryhinch Esq all late of the Queen's County Capt. Nicholas Sankey of Caldraghmore in the County of Longford Robert Viner of Killmure in the County of Meath Esq John Humpheries of Hollywood Gent. Dr. Robert Gorge late of Killbrew William Napper of Loghcrew Esq and Anthony Nixon of Oâ—chestone Gent. all late of the County of Meath James Stopford of Castletown in the County of West-Meath Gent. John Adams of Ledwitchtown Gent. Thomas Cooper late of Conmistown Gent. Richard Stephens of Athlone Gent. George Farmer of Rathnemodagh Gent. and John Meares of Mearescourt Gent. all late of the County of West-Meath Moses Bush of Kilfane in the County of Kilkenny Gent. John Bush of the same Gent. William Harrison of Grenane Gent. Zachary Cornick of Kilkenny Merchant Edward Stubbers of Callan Esq Hierom Hawkins of Killmuskulloge Gent. Joseph Bradshaw of Foulkesrath Gent. and Henry Ryder Prebendary of Mayne all of the County of Kilkenny Richard Rooth of .... in the County of Wexford Gent. Husband to the Countess Dowager of Donnegall John Bulkeley of Ballymorroghroe in the County of Wicklow Gent. John Humphery of Dunard Gent. Christopher Usher of Grange Esq Henry Whitfield of Portballintagart Esq William Robinson of Wicklow Gent. John Vice of the same Gent. Robert Peppard of the same Esq and Lawrence Hutson of Coolekennagh Gent. all late of the County of Wicklow Timothy Armitage of Atherdee in the County of Lowth Gent. Major John Reade of Ballorgan Robert Smith of Dromcashel Gent. Brabazon Moore of Atherdee Gent. and Thomas Bellingham of Garnanstown Esq all late of the County of Lowth Thomas Willis of Drogheda Gent.
Thresh part of his Corn for his own use During which time they took away all his Stock of Sheep Black Cattel and Horses and the Soldiers from Navan Commanded by one Captain Farrel fetcht away all his Corn and Hay Some of his Irish-Servants telling him It was not safe for him to come down or lye in his own House He lay in a Neighbours House This was on a Friday-Night and the next Day he went to Dublin On Sunday Night the 5th of May 1689. they came and set Fire to his House in several places and burnt it down and all his Goods believing he was in the House Afterwards giving out That he had order'd his own Servants to Burn it And soon after came up one William Carton his Shepherd who told him That the Fryar and Priests at Navan were very angry with him and Threatned him because he did not countenance that Report and also own that his Servants had Burnt his House by his Order All this was done by the Neighbourhood within 3 or 4 Miles about him A Brief of the Case of the Charter of Londonderry upon which Judgment was given against it Quo Warranto against the Corporation of Londonderry to shew why they Claim'd to be a Body Politick and to have and use certain other Priviledges THE Corporation pleaded their CHARTER whereby those Priviledges were granted to them eo Warranto they claim to have and use those Priviledges Tho King's Attorny Replies and saith That since their Charter the Act of Settlement impowers the Lord Lieutenant and Council to make Rules and Orders for the Regulating Corporations That accordingly such Rules were made for this Corporation among which One was That they were to Elect at a time different from that in the Charter and Return the Names of the Persons the Corporation should elect yearly to be Mayor and Sheriffs to the Lord Lieutenant and to be approved of unde ex quo that they did not so elect and send the Names of such elected to be so Approved they forfeited their Priviledges The Corporation in their Rejoynder gave a full Answer to this New Matter raised in Replication on these New Rules and set forth That they did all along yearly elect and send up the Names elected according to the Rules and that they were Approved c. But further insisted at the Bar That they needed not to have any further Rejoynder to the said Replication or given any Answer as to the Matter in the said Replication alledged because admitting the Allegations in the said Replication to be true yet the Replication assigns no breach by the Corporation For all that comes after the Unde ex quo is but a Conclusion and solely a Conclusion without any Premisses for tho' the New Rules be set forth yet 't is not said in all the Replication That the Corporation did not act pursuant thereto but only saith Unde ex quo they did not c. 1. The Court said The Answer given to the New Rules was a Departure from the Matter pleaded viz. They Justifie in the Plea by the Charter and in their Rejoynder they say They chuse according to the New Rules which is another Warrant to chuse and so the Plea vitious To which the Corporation Reply'd That a Departure is when a Party in a Rejoynder sets up a New Title to a thing or a New Justification not set up in the Plea But here they still Justifie by their Charter and the New Rules made subsequent is only to the Modus of Chusing in respect of Time c. but the Power of Chusing is still by the Charter 2. The Plea was not only a Plain Answer to a short Question demanded by the Quo Warranto viz by what Warrant they claimed their Priviledges and the Matter of the New Rules was set up by the King in his Replication to which they had no opportunity of Answering till they Rejoyn'd 3. If it had been material to be set forth in the Plea yet it being a Condition subsequent if any thing and going in destruction of the Corporation Priviledges they ought not first by the Rules of Law to set it forth but it ought first to come on the Adversaries part 4. The Corporation urged That the New Rules did not in Law work any Forfeiture of Priviledges in case they were not observed for they were in the Affirmative only and the Rule of Law is That Acts in the Affirmative take not away a former Power of doing a thing but the same may be done either the first way or the second Notwithstanding all which on the said pretended defect in Pleading the Merits of the Cause never coming in question the Court gave Judgment against the Corporation N o 8. Lord Lieutenants and Deputy Lieutenants of Counties LEINSTER Counties Lord Lieutenants Deputy Lieutenants COunty Dublin Col. Simon Lutterel Thomas Warren Bartholomew Russel City Dublin Lord Mayor Sir Thomas Hackett Terence Dermot Meath Lord Gormanstown Thomas Bellew Trim Walter Nangle Westmeath Earl of Westmeath Edmund Nugent of Carlinston Mullingar James Nugent of Welshtown Longford Col. William Nugent Fergus Farrel Longford Laurence Nugent Catherlogh Dudley Bagnal Marcus Baggott Carlow William Cooke Kilkenny Lord Galmoy John Grace Kilkenny Coesar Colclough Wexford Col. Walter Butler Patrick Colclough  Walter Talbot Wexford Edward Masterson Wicklow John Talbot of Belgard Hugh Roe Byrne Wicklow Thady Byrne King's County Col. Garret Moore Terence Coghlan Birr Owen Carrol Queens County Lord Clanmalyra Edward Morris Maryburrow Thady Fitâ—-Patrick Lowth Lord of Lowth Roger Bellew Drogheda John Babe Kildare Earl of Lymrick Capt. Charles Whyla  Francis Leigh Naas W m Fitzgerald of Cookstown MUNSTER Counties Lord Lieutenants Deputy Lieutenants Corke Lord Mountcashel Pierce Nagle  Daniel Mac Carty Reagh  Sulivan Bere Corke Charles Mac Carty alias Mac Donnogh Waterford Earl of Tyrone John Nugent Waterford Thomas Sherlock Clare Lord Clare Donogh ô Brien of Duogh Ennis Florence Mac Nemara Counties Lord Lieutenants Deputy Lieutenants Kerry Lord Kilmore Donogh Mac Gillicuddy Tralee Joseph Browne Limerick Lord Brittas Morice Fitz-Gerald Limerick Dom. Roche Tipperary Walter Butler Esq James Butler of Killasâ—ahan  Garret Gough Clonmel John Clantwal  Daniel Mac Carty CONNAUGHT Counties Lord Lieutenants Deputy Lieutenants Galway Earl of Clanrickard John Donnelan  Miles Bourke Galway Nicholas French Roscomon Lord Dillon Patrick Plunkett Roscomon John Fallon Mayo Lord Athenry John Brown Ballinrobe John Hore Sligoe Col. Henry Dillon Edward Crofton Sligoe James French Leitrim Col. Alexander Mac Donnel Henry Mac Tool ô Neile  Hugh ô RourkeÌ„ ULSTER Counties Lord Lieutenants Deputy Lieutenants Cavan Col. Edmond Reyley Philip Oge ô Reyley Cavan Miles Reyley Junior Monoghan Col. Arthur Oge Mac Mahon Capt. Hugh Mac Mahon  Col. Brian Mac Mahon Tyrone Col. Gordon ô Neile Capt. Terence Donnelly  Shane ô Donnelly Ardmagh Sir Neil ô Neil Walter Hovendon  Con. ô Neil Derry Col. Cormuck ô Neil Capt. Roger ô Cahan  Capt.
Fran. ô Cahan Donegal Conel ô Donnel Manus ô Donnel  Tyrlagh Oge ô Boyle  Daniel ô Donnel Downe Lord Iveagh Shilling Magennis  Arthur Magennis Antrim Earl of Antrim Shane ô Neil Sheriff  Col. Thady ô Hara Fermanagh Lord of Eniskillen Cuconaght Mac Gwyre A List of the Principal Officers employed in the Revenue 24 Jun. 1690. Dublin Port Chief Commissioners and Officers established by Patent Commissioners of the Revenue SIR Patrick Trant Knight Francis Plowden Esquires John Trinder Esquires Prot. Richard Collins Esquires Prot. Sir William Ellis Knight Charles Playdel Secretary Nicholas Fitz-Gerald Solicitor Prot. James Bonnel Accomptant General Collectors and Officers appointed by the Commissioners Viz. Doctor James Fitz Gerald Collector Prot. Nathaniel Evans Clerk to the Commissioners Prot. William Alcock Examiner of the Port-Accounts and Warrants and Casheer Prot. Sinolphus Bellasis Clerk of the Coast. Prot. John Kent Land Surveyor and Comptroller of the Store Prot. Edward Prescott Land-Surveyor Land-Waiters Prot. John Robinson Prot. Dennis Boyle Prot. Francis Isaackson Henry Fitz Gerald. Prot. Bartholomew Wybrantz Store Keeper Robert Longfield Chief Clerk of the Quit and Crown-Rents Surveyors of Ringsend William Briscoe Phelim Dempsy Francis Creagh Surveyor at Dunlary Dublin Excise Viz. Prot. Francis Babe Collector Prot. Bernard Waight Surveyor General of Excise _____ Carol Examiner of Excise Accounts Surveyors of Excise Prot. Benjamin Powning Examiner of Diaries Prot. Henry Davis Prot. Jacob Walton Philip Clayton Ports and Districts Athlone Christopher Nicholson Collector Peter Duffe Survveyor Baltimore Dominick Nagle Collector Clonmel Terence Magrath Collector Edward Morris Surveyor Cork Port Sir James Cotter Collector Edward Trant Surveyor Florence Mac Carty Surveyor at Cove Cork Excise Francis Garvan Collector James Griffith Surveyor Dingle Ambrose Moore Collector Drogheda Bernard Byrne Collector Walter Babe Surveyor of Excise Morris Morierty Survey at New-key Dungarvan Thomas Mead Collector Ennis John Mac Nemara Collector James Dalton Surveyor Foxford Valentine Kirwan Collector Nicholas Toppin Prot. Surveyor Galway Port Arthur Nagle Collector Galway Excise James Brown Fitz Jeffrey Collector Kilkenny Caesar Colclough Collector Samuel Pigeon Prot Surveyor Kinsale Dominick Rice Collector Dominick Murrogh Surveyor Limerick John Rice Collector Nicholas Skiddy Surveyor Loughrea Stephen Dean Collector Maryburrow Garret Trant Collector William Bourne Surveyor Moyallow John Longfield Collector Richard Aylward Surveyor Naas Edmond Fitzgerald Collector Robert Dowdal Surveyor Rosse James Butler Collector Mark Whitty Surveyor of Excise Sligoe Owen Dermot Collector Trim Richard Barnwal Collector Hugh Mac Donogh Surveyors Richard Barton Waterford Councellor Butler Collector James Heas Surveyor Wexford Anthony Talbot Collector Wicklow Barnaby Hacket Collector Youghal Patrick Fitzgerald Collector David Fitzgerald Surveyor A List of the Names of the New Burgesses of Strabane and Londonderry Viz. STRABANE Commonly call'd Soveraign JOhn ô Neile Shane Mac Con Backagh ô Neile Burgesses Gordon ô Neile Son of Sir Phelim ô Neile the Great Rebel who was Hang'd Drawn and Quarter'd He burnt Strabane in 1641. John ô Neile Shane Mac Neile Rammar Ô Neile William Roe Hamilton Constantine ô Neile James Cunningham Robert Adams Cloud Hamilton Brian ô Neil Mac Brian Mac Cormuc Mac Rory Grana ô Neil John Browne Robert Gamble Patrick Bellew James Mac Gee Art ô Neile Art Mac ô Neile Ramar ô Neile John Donnelly Shane fadda ô Donnelly James Mac Enally John Mac Rory Shane groom Mac Philip Mac Rory Burnt in the Hand Terence Donnelly Turlogh ô Donnelly Henry ô Neile Henry Mac Phelmy Duff Mac Art Mac Rory ô Neile His Father hang'd Roger Mac Cony Rory Mac Brian Mac Con modura Mac Conway His Father hang'd Dominick Mac Hugh Dominick Mac Rory Ballagh Mac Hugh Charles ô Cahan Cormuck Mac Manus Keiogh ô Cahan Charles ô Conway Cormuck Mac Owen oge Mac Owen Modera Mac Conway LONDONDERRY COrmuck ô Neile Mayor Sheriffs Horace Kennedy and Edward Brooks Aldermen Cohanagh Mac Gwire Gordon ô Neile Constantine ô Neile Constance ô Neile Manus ô Donnel Peter Manby Peter Dobbin Antho. Dobbin John Campsie Daniel ô Dogherty William Hamilton Roger ô Cahan Daniel ô Donnel Nicho. â—urside Alexander Lacky Constance ô Dogherty Daniel ô Sheile Roger ô Dogherty Brian ô Neile and John Buchanan Daniel ô Sheile Chamberlain Burgesses Francis ô Cahan Robert Butler Cornelius Callaghan Thomas Moncriefe Hugh ô Hogan John Mackenny John Campsie Henry Campsie James Lenox John ô Hogan William Stanly James Connor Hugh Eady John Donnogh Alexander Gourdon John Crookshanks Phel Mac Shaghlin John ô Linshane Art ô Hogan Charles ô Sheile Johnlius ô Mullan John Sheridan James Sheridan Constance ô Rorke Dom. Boy Mac Loghlin John Nugent William ô Boy John ô Boy William ô Sullivan Dionysius Mac Loghlin Manus ô Cahan Hugh Mac Loghlin Hugh More ô Dogherty Ulick ô Hogurty Henry Ash Tho. Broome Pet. Mac Peake Hen. Dogherty Robert Shenan Cornelius Magreth Art ô Hogan N o. 9. Privy Councellers appointed by Letters from King James Dated the 28th of February 1684 and such as are Sworn since by particular Letters for the Time being LOrd Primate Lord Chancellor Lord Archbishop Dublin Lord High Treasurer Secretary of State Chancellor of the Exchequer Master of the Ordnance Lord Chief Justice of the King 's Bench. Lord Chief Justice of the Common Pleas. Lord Chief Baron of the Exchequer Lieut. General of the Army Colonel of the Regiment of Guards James Duke of Ormond not sworn Henry Earl of Thomond Cary Earl of Roscomon ... Earl of Ardglass Henry Earl of Drogheda Hugh Earl of Mount-Alexander Richard Earl of Ranelagh not sworn Francis Earl of Longford Maurice Viscount Fitzharding Murrogh Viscount Blesinton Robert Fitzgerald Esq not sworn Sir Charles Fielding not sworn Sir Richard Reynel not sworn Sir Thomas Newcomen Sir Robert Hamilton Esquires not sworn Adam Loftus Lemuel Kingdon Sworn afterwards by particular Letters Sir Paul Rycaut Thomas Heitley Esq Earl of Tyrconnel Earl of Lymerick Lord Viscount Ikerin Lord Viscount Galmoy Esquires Thomas Nugent Dennis Daly Stephen Rice Rich. Hamilton Sir William Wentworth Earl of Ballymore Nicholas Purcel Esq Earl of Clanrickard Earl of Antrim Justin Mac Carty Esq Lord Viscount Gormanst own Lord Viscount Rosse Earl of Tyrone Lord Viscount Netterville Lord Lowth Sir William Talbot Esquires Anth. Hamilton Thomas Sheridan Symon Luttrel Fitzgerald Villers Esq Colonel Garret Moore Lord Bellew Charles White Esq Col. Cormusk ô Neil Francis Plowden Esq Privy Consellors Sworn before King James after his coming to Ireland DUke of Powis Duke of Berwick Earl of Abercorne Lord Thomas Howard Earl of Melfort Lord Chief Justice Herbert Lord Dover Colonel William P Colonel Dorrington Marquis D'Albeville Lord Kilmallock Colonel Sarsfield Lord Merryon Earl of Carlingford Earl of Clanrickard Lord Kenmare Lord Clare N o 10 The Civil List of Officers and the Times of their Entring on their Offices CHANCERY SIR Alexander Fitton Knight Created Lord Fitton and Baron of Gosworth in the County of Lymrick Lord High Chancellor of Ireland 23 April 1689. Sir William Talbot Baronet made
Master of the Rolls Dennis Fitzgerald his Deputy Masters Dr. Alexius Stafford Popish Dean of Christ-church 2d May. Ignatius Berford Esq Dr. of the Laws 6th May. Dr. Matthew Kennedy 10 May. Dr. Michael Plunket a Romish-Priest 23 July Thomas Arthur Soldier Clerk of the Crown and Hanaper This is in Trust for Robert Arthur's Wife Niece to Lord Tyrconnel 1st Aug. William Dorrington Register James Nagle Cursitor and Ingrosser of all Original Writs Henry Temple Esq and Owen Coyle who was Indicted and Outlawed of Forgery Examinators Six Clerks John Newel John Maynard .... Power Thady Meagher John Herny and Geoghegan Baskervile Polewheel Pursuivant KINGS BENCH Thomas Lord Nugent Baron of Riverston L. Chief Justice 2d Justice Vacant not being worth Fees of passing Patent Sir Brian O Neil Baronet Third Justic. 6th July 1689. Randal Mac Donnel Esq Clerk of the Crown and Prothonorary Francis Nugent Deputy Prothonotary Brian Kerny Deputy Clerk of the Crown COMMON PLEAS John Keating Esq Lord Chief Justice 2. Justice Dennis Daly Esq 3. Justice Peter Martin Esq 23 Jan. 1689. Edmond Fitzgerald Esq Chief and only Prothonotary Richard Fenner his Deputy 16 Jan. 1689. Robert Barnwel Esq Custos Brevium and Chirographer James Nagle Clerk of the Outlawries EXCHEQUER Buno Talbot Esq Chancellor Treasurer Vacant Sir Stephen Rice Lord Chief Baron Sir John Barnwel Knight Second Baron Sir Henry Lynch Baronet Puny Baron 1st Aug. 1689. Oliver Grace Esq Chief Remembrancer Second Remembrancer not disposed of formerly an Office of great Perquisites but now not worth Fees of passing Patent 8 Aug. Walter Lord Dungan Clerk of the Common Pleas. Murtagh Griffin his Deputy Philip Dwyer his Sub-Deputy 6 Jul. 89. Richard Talbot of Malahide Esq Auditor General 23 Jul. 89. Chr. Malone Sergeant Dillon's Clerk Surveyor General This in Trust for Lady Tyrconnel and her Daughter married to Col Dillon 3 Oct. 1689. James Nagle Clerk of the Estreats and Summonister 24 October Richard Morgan Pursuivant 28 Nov. 89. Francis Stafford Esq Clerk of the Pipe 20 Dec. 89. Charles White Esq Clerk of the First Fruits and 20th Parts Marcus Baggot First Sergeant at Arms. 7 Jan. 1689. Thomas Haughton Second Sergeant at Arms. 16th Jan. Brian Mac Dermot Esq Clerk of the Pels and Tallies and Clerk of the Treasury 13 Feb. 89. Patrick Kennedy Gent. Comptroller of the Pipe 18 Feb. 89. Thady Meagher Clerk of the Errors This is on the Statute for Writs of Error from the King's-Bench to the Exchequer Chamber 27 February John Barry Gent. Chief Chamberlain Simon Carrick Second Chamberlain 6 March Oliver Grace Esq Transcriptor and Forein Opposer Lords Commissioners of the Treasury 9th July 89. Duke Tyrconnel Henry Lord Dover Lord Riverston Chief Justice Sir Stephen Rice Lord Chief Baron Buno Talbot Chancellor of the Exchequer and Mr. Adam Colclough Secretary 27 August Hugh Reilly Esq Clerk of the Privy Council Commissioners of the Mint in Dublin 26 Aug. 1689. John Trinder William Talbot Thomas Goddars Esq William Bromfield Francis Rice Edward Fox and Walter Plunket Gent. 31 Jan. 1689. Grant to Alderman James Malone and Rich. Malone of the Office of Printer General Commissioners of the Revenue Sir Patrick Trant Sir William Ellis John Trinder Richard Collins Fr. Plowden Esq Sir Theobald Butler Charles Playdel Secretary Receivers General Sir Henry Bond Lewis Doe Esq Nicholas Fitzgerald Solicitor Robert Longfield Clerk of the Quit-Rents and of Forfeited Estates c. N o 11. 2d June 1690. An Account of the General and Field Officers of King James's Army out of the Muster Rolls DUKE of Tyrconnel Captain-General Lieutenants-General Duke of Berwick Richard Hamilton Count Lozune General of the French Monsieur Leary alias Geraldine Lieut. General Dom. Sheldon Lieut. General of the Horse Major-Generals Patrick Sarsfield Monsieur Boisteau Antho. Hamilton Wahup Brigadeers Tho. Maxwell John Hamilton Will. Dorrington Solomon Slater Muster-master-General Robert Fitz-Gerald Comptroller of the Musters Sir Rich. Nagle Secretary at War Receivers General Sir Henry Bond Louis Doe Sir Michael Creagh Pay-master-General Felix O Neile Advocate-General Dr. Archbold Physician to the State Patrick Archbold Chirurgeon-General HORSE Duke of Tyrconnel Collonel Dom. Sheldon Lieut. Coll. Fra. Meara Major Lord Galmoy Coll. Laur. Dempsy 1st Lieu. Coll. Char. Carrole 2d Lieu. Coll. Robert Arthur Major Patrick Sarsfield Coll. Lord Kinsale Lieut. Coll. Roger Magilligan Major Hugh Sutherland Coll. Edm. Pendergast 1st L. Coll. Talbot Lassells 2d L. Coll. Will. Cox Major Lord Abercorne Coll. Lieu. Coll. Major Henry Luttrell Coll. Sir James Moclare Lieu. Coll. Major John Parker Coll. Tho. Gifford Lieu. Coll. John Metham Major Nicholas Pursel Coll. Lieu. Coll. Major DRAGOONS Lord Dimgan Coll. Lieut. Coll. Major Sir Neile O Neile Coll. Lieut. Coll. Major Lord Clare Coll. John Mac Nemara 1st L. Coll. James Philips 2d L. Coll. Francis Browne Major Symon Luttrell Coll Lieut. Coll. Edmund Moclare Major Robert Clifford Coll. Alex. Mackenzie Lieut. Coll. Major Fran. Carroll Coll. Tarens Carroll 1st L. Coll. Fran. Boismoroll 2d L. Coll. Major Tho. Maxwell Coll. Daniel Magennis Lieu. Coll. Callaghane Major FOOT Will. Dorrington Collonel of the Guards Will. Mansel Barker Lieu. Coll. Tho. Arthur Major John Hamilton Coll. James Nugent Lieu. Coll. Majors John Talbot 1st James Gibbons 2d Lord Fitz-James Coll. Edw. Nugent 1st Lieu. Coll. Porter 2d Lieu. Coll. Dodsby Major Earl of Clancarty Coll. John Skelton Lieu. Coll. Philip Rycaut Major Earl of Clanrickard Coll. Edmund Madden Lieu. Coll. Major Earl of Antrim Coll. Mark Talbot Lieu. Coll. James Woogan Major Earl of Tyrone Coll. Tho. Nugent Lieu. Coll. Richard Nagle Major Richard Nugent Coll. Lieu. Coll. Major Lord Gormanstowne Coll. Richard Eustace Lieu. Coll. Major Henry Dillon Coll. Walter Bourk Lieu. Coll. John Morgan Major Lord Galway Coll. John Power Lieu. Coll. Major Lord Bellew Coll. Nich. Fitz-gerald 1st L. Coll. Le Sir Doge 2d L. Coll. John Dowdale Major Lord Kinmare Coll. Lieu. Coll. Major Lord Slane Coll. Maurice Connell Lieu. Coll. Major Cormuck O Neile Coll. Lieu. Coll. Major Charles Cavenagh Coll. James Lacy Lieu. Coll. Gros. Pordevarande Major Tho. Butler Coll. D' Busby Lieut. Coll. Major Lord Kilmallock Coll. John Power Lieu. Coll. John Chapell Major Sir Maur. Eustace Coll. John Woogan Lieu. Coll. Major Sir John Fitz-gerald Coll. Lieu. Coll. Major Lord Lowth Coll. Lieu. Coll. Major Earl of Westmeath Coll. Mich. Delahoyde Lieu. Coll. Gowen Talbot Major Major-General Boisteau Coll. Monsieur Beaupre Lieu. Coll. Hurly Major Lord Bofine Coll. Will. Connock Lieu. Coll. John Bodkin Major Oliver O Gara Coll. Tady Connor Lieu. Coll. Major John Grace Coll. Robert Grace Lieu. Coll. Cha. Moore Major Edward Butler Coll. John Innis Lieu. Coll. Garret Geoghegan Major Art Mac Mahon Coll. Philip Reyley Lieu. Coll. Hâ—gh Magennis Major Charles Moore Coll. Ulick Bourk Lieu. Coll. ....... Major Dudley Bagnall Coll. James Power Lieu. Coll. .... Corbet Major Gordon O Neile Coll. Conn O Neile Lieu. Coll. Henry O Neile Major Nicholas Brown Coll. George Traps Lieu. Coll. Dermot Mac Auliffe
Thirdly From Orders about Garrisoning Mansion-Houses Sending the Protestant Owners to the Goal who must never have expected either their Houses or Lives if King James had prevailed ibid. Estates of Absentees disposed of and promised to Papists p. 162 20. Objection That King James did not know the Consequence of Repealing the Acts of Settlement ibid. Answer First King James understood them better than any and held ten thousand pounds a year by them when Duke of York ibid. Secondly King James would not hear the Protestants plead at the Bar against the Repeal p. 163 Thirdly Bishop of Meath in a Speech in the House set forth the ill Consequences at large ibid. Fourthly The Protestants opposed it from Point to Point ibid. Fifthly Protestants were resolved to use their utmost that the ill intents of their Adversaries might appear the more p. 164 Sixthly Lord chief Justice Keating's Paper given to King James in behalf of Purchasers rejected ibid. 21. Protestants lost more in Ireland than all that favour King James's Cause in England are worth p. 165 Sect. 13. Eighthly The danger into which King James brought the lives of his Protestant Subjects in Ireland ibid. 1. At King James's Coming no General Pardon though it had been his Interest in respect of England ibid. 2. Is not chargeable with particular Murders further than by arming such Men as would be guilty of them p. 166 3. The Governments Design upon our Lives ibid. First by feigned Plots and Protecting the Perjured Witnesses Instance in Spikes Case The Dumb Friar p. 167 Secondly By wresting Facts to Treason Nugent declar'd Protestants having Arms to be so p. 168 Thirdly By violating Articles Mr. Brown of Cork Town of Bandon Earl of Inchiquin Captain Boyle Sir Thomas Southwell and his Party Lord Mountjoy's Soldiers Fort of Culmore King James's approach to Derry Captain Dixy Kenaght Castle p. 169 170 Fourthly By violating Protections p. 171 Protestants of Down p. 171 Protestants brought before Derry by General Rosen Bishop of Meath applyed to King James about it King James excused Rosen p. 173 174 Captain Barton of Carrick Mac Cross p. 175 Fifthly By private Orders and Proclamations with the penalty of Death Several Instances p. 178 Sixthly By the Act of Attainder Abstract of it Archbishops 2 Duke 1 Temporal Lords 63 Ladies 22 Bishops 7 Knights 85 Clergymen 83 Esquires and Gentlemen 2182 2445 p. 179 180 Not equalled by the Proscription at Rome Great part Attainted on Common Fame p. 182 Observations on the Act ibid. 1. Leaves no room for the King to Pardon ibid. 2. The Act concealed Out of the Power of an English Parliament to Repeal it by the Act for cutting off Ireland from England p. 183 3. The hast in drawing it up ibid. 4. Many left out particularly the Collegians and how ibid. 5. Applications in behalf of Protestants made their Case worse p. 184 6. Allowing of time to prove Innocency a meer Collusion ibid. 1. None knew what time was given ibid. 2. None knew what they would call Innocency Instance Desmineer and Ginnery ibid. 3. The Embargo on this side would not let them know on the other side 4. The Embargo on the other side would not let them come hither 5. To have come would have been an unwise Venture p. 177 4. Objection That few Protestants lost their Lives p. 178 Answer 1. When it is known how many have perished they will not appear few ibid. 2. The Irish Papists would not venture at much Murthering till they were past an after Reckoning they feared such Cruelty would be revenged on Roman Catholicks in England ibid. 3. Protestants were cautious not to provoke them and were true to one another p. 179 4. We dont know what would have been done with Attainted Persons ibid. 5. Protestants if Obnoxious absconded or escaped ibid. 6. The Support of King James's Army depended on the Protestants p. 179 Scotch Officers that came here wondered to find how Protestants were used having heard so much the contrary at home p. 180 The same given out in England Pity but those who believed and forwarded it had been sent hither ibid. The Irish doing what they did in their Circumstances what would they have done if left to their swing ibid. Sect. 14. Ninthly The method King James took to destroy our Religion p. 181 1. The Attempts against our Lives and Fortunes no sudden thing but the result of a long Design for which Tirconnel had 20000 l. per annum ibid. 2. King James pretended Liberty of Conscience but not to be expected from a Roman Catholick ibid. 3. The Laws and Coronation Oath secured our Religion The Clergy had merited from King James by opposing the Exclusion and disobliged their People p. 182 4. At his coming to the Crown the Roman Catholicks declared that his Promises to the Church were not intended for Ireland p. 183 Sect. 15. First By taking away our Schools and Universities p. 184 1. Lord Tirconnell put the Schools contrary to Law into the hands of Papists ibid. 2. And would have put in Popish Fellows into the College ibid. 3. Stopt the College Pension of 388 l. per annum from Easter 1688. turned out the Fellows and Students seized on the Library and Furniture p 193 4. Forbid three of them on pain of Death not to meet together p. 194 5. King James did not fill up vacant Bishopricks and Livings in his Gift ibid. 6. And allowed nothing for supplying the Cures p. 195 7. All the Bishops and Livings in the Kingdom would soon have come into the Kings hands p. 196 8. This not the effect of our Constitution the same in Popish Countries Thirty five Bishopricks void in France in 1688. King James's Ungratefulness to the Protestant Clergy ibid. Sect. 16. Secondly By taking away the Maintenance of the Clergy p. 197 1. Book-Mony denyed by the Papists from King James's coming to the Crown ibid. 2. Priests put in for Tythes Hardly recovered by Protestants p. 198 3. An Act of their Parliament applied Papists Tythes to the Priests ibid. 4. And Protestants Tythes too when the Priests had the Benefices ibid. 5. The Priests forc'd into Possession of Glebes where there were any p. 199 6. Protestant Clergy little better for the Tythes left to them Protestants had little Tythings left Priests by Dragoons seized what there was never wanted Pretences ibid. 7. House-Mony in Corporations taken away by their Parliament Pleaded against before the House of Lords but in vain p. 200 8. The same took away Ulster Table of Tythes p. 201 9. Duties payable to the King out of Livings were exacted wholly from the Protestant Incumbents though they had nothing left to them of their Livings their Persons seized and sent to Goal ibid. Collonel Moore Clerk of the First Fruits imprisoned because he would not be severe against them p. 202 Sect. 17. Thirdly By taking away the Jurisdiction of the Protestant Church ibid. 1. The Churches Right by Prescription to Jurisdiction ibid. 2. Act
of a Letter sent the King August 14. 1686. found in Bishop Tirrel's but imperfect p. 303 Lord Clarendon's Speech in Council on his leaving the Government of Ireland p. 310 A General Abstract of the Gross Produce of his Majesties Revenue in Ireland in the three first years of the Management beginning at Christmas 1682. and ended Christmas 1685. p. 312 Sheriffs for the year 1687. p. 313 Lord Lieutenants and Debuty Lieutenants of Counties p. 324 Privy Councellors appointed by Letters from King James dated February 28. 1684. and such as were sworn since by particular Letters p. 333 The Civil List of Officers and the times of their entring on their Offices p. 334 An account of the General and Field Officers of King James's Army out of the Muster Rolls p. 341 A Copy of the Letter dispersed about the Massacre said to be designed on December 9. 1688. p. 345 Lord Mountjoy's Circular Letter on his going to France p. 346 Judge Keating's Letter to Sir John Temple December 29. 1688. p. 347 Proposals humbly offered to the Earl of Tyrconnell Lord Deputy by the Bishop Meath about the intended search for Arms p. 353 An account of the Conditions made in the Field between the High Sheriff of Gallway and the Prisoners afterwards condemned p. 356 A Copy of a Letter from Bishop Maloony to Bishop Tyrrell the Original found amongst Bishop Tyrrell's Papers March 8. 1689. p. 360 Presentment of the Grand Jury of Tipperary against Protestants p. 365 A List of all the Men of Note that came with King James out of France or that followed him after so far as could be Collected p. 366 A List of the Lords that sate in the pretended Parliament at Dublin held May 7. 1689. p. 369 The names of the Knights Citizens and Burgesses returned to the Parliament beginning May 7. 1689. p. 370 An Address to King James in behalf of Purchasers under the Act of Settlement by Judg Keating p. 377 The Lord Bishop of Meath's Speech in Parliament June 4. 1689. p. 389 Copies of the Orders for giving Possessions p. 388 Albaville's Instructions to the Commissioners of Oyer and Terminer p. 392 A Petition of the Minister of Wexford for his Church and the Order thereupon p. 395 Mr. Prowd Minister of Trim his account of the remarkable Accident that happened upon Plundering the Church of Trim p. 397 General Rosen's Order to bring the Protestants before Derry p. 399 Advertisement as it was published by Mr. Yalden in his weakly Abhorrence concerning Dr. King and Dr. Foy p. 404 Collonel Lutterell's Order for numbering Protestants p. 406 Collonel Lutterell's Order forbidding above five Protestants to meet any where p. 407 THE STATE OF THE Protestants of Ireland Under the late King James's Government IN WHICH Their Carriage towards him is justified and the absolute Necessity of their endeavouring to be freed from his Government and of submitting to their present Majesties is demonstrated INTRODUCTION Containing an Explication of the Doctrine of Passive Obedience and stating the true Notion and Latitude of it 1. IT is granted by some of the highest assertors of Passive Obedience that if a King design to root out a people or destroy one main part of his Subjects in favour of another whom he loves better that they may prevent it even by opposing him with force and that he is to be judged in such a case to have Abdicated the Government of those whom he designs to destroy contrary to Justice and the Laws This is Grotius's Opinion in his Book De jure Belli Pacis lib. 1. cap. 4. § 11. where citing Barclay he says If a King be carried with a malitious design to the destruction of a whole Nation he loses his Kingdom which I grant since a will to Govern and to Destroy cannot consist together therefore he who professes himself an Enemy to a whole People doth in that very act Abdicate his Kingdom But it seems hardly possible that this should enter into the heart of a King who is not mad if he govern only one people but if he govern many it may happen that in favour of one people he may desire the other were destroyed Doctor Hammond asserts Passive Obedience as high as any yet he approves this passage of Grotius and of Barclay in his vindication of Christ's reprehending S. Peter from the exceptions of Mr. Marshall p. 327. of his first Volume Grotius saith he mentions some cases wherein a King may be resisted As in case a King shall Abdicate his Kingdom and manifestly relinquish his Power then he turns private man and may be dealt with as any other such And some other the like 2. And it is observable that generally in all Books and Sermons concerning Obedience to Governors where this case is put suppose a King endeavour to destroy his people there are only two answers given to it one is that his Officers and Ministers ought not to obey him if they do the Law will punish them The other is that this case ought not to be put that we ought not to suppose that any King will designedly endeavour to destroy his people nay the Author of Jovian will not allow us to suppose that any King will attempt in England to Govern altogether by Arbitrary Power and the Sword For says he Chap. 12. p. 272. To suppose this is plainly to suppose the utmost impossibility and p. 273. If a King should shut up the Courts obstruct or pervert Justice he allows that all his good Subjects and all the bad too that tendered their own safety would desert him and Chap. 6. p. 152. He says he should be tempted to pray for the destruction of such a Prince as the only means of delivering the Church Falkner in his Christian Loyalty B. 2. Chap. 5. N. 19 20 tells us But if ever any such strange case as is supposed should really happen I confess it would have its great difficulties He brings in Grotius De jure Belli Pacis lib. 1. cap. 4. N. 7. And Bishop Bilsons Christian Subjection Part 3. p. 519. edit 1585. as allowing it and seems to allow their judgment in the case but then tells us that the case above-mentioned ought not at all to be supposed or taken into consideration All which plainly grants that if a King do in earnest design the destruction of his Subjects and get Ministers and Officers to concur with him in it who are ready to execute his wicked intentions and against whom the Law yields no Protection that in such a case the Subjects may desert their Prince decline his Government and Service and seek Protection where they can find it 3. And indeed whoever considers the Discourses that have been written concerning Non-Resistance will find that the reasons given for it either from the nature of the Thing or Scripture reach only tolerable evils and prove that a man ought to be patient under pressures laid on him by his Governor when the mischief is not
their being turned out It was therefore a wonder that the Protestants had any Arms at all especially when it is to be remembred that during King James's Reign they durst not be seen to buy or import them being under the jealousy and suspicion of the Government However some they had enough to make the Papists afraid and to Beat them too if they had had a little Assistance and Encouragement of Authority to attempt it The Lord Deputy was therefore resolved to have their Arms and in order to get them he drew Nine or Ten Regiments to Dublin and a proportional Party to every place where the number of Protestants was considerable and without the least Notice or Declaration premised on the 24th of February 1688 he took away their Arms and Horses throughout the whole Kingdom except in the North where he durst not yet attempt it The method of doing it in Dublin was this he filled all the Streets and Lanes with Foot and Horse and then for so much of the City as lies within the Walls he sent the City Officers to signify to every House that if they did not send in every Sword and Bayonet as well as Fire-Arms in their possession into the Churches which were generally seized for this use and filled with Soldiers they should be left to the Mercy and Discretion of the Soldiers both as to their Lives and Goods This was perfect Dragooning to the Protestants nor is it easie to express what a Consternation it caused amongst them the preparation at first looked like a design to put in execution what they long feared a general Massacre and which had never been out of their Minds since the Lord Mount Alexander's Letter was dispersed While they had their Arms in their Hands it gave them some Heart resolving to sell their Lives dear but when they saw these now taken from them this support failed and they had no prospect of Defence but generally imagined that their Arms were taken away in order to the more easie execution of the designed Massacre They knew themselves to be the only Persons qualified by Law to keep or carry Arms they knew the malicious designs of the Irish against them they considered how necessary their Arms were at this time not only to preserve their Goods which were every day robb'd and their Houses that were every night broken open but likewise to secure their Persons that were daily assaulted and yet to avoid this terrible Dragooning they were forced to part with them and immediately delivered in near 3000 Fire-Arms besides Swords Bayonets and Pikes in Dublin only At the same time some Hundreds of Horses were likewise taken without any other reason than that they belong'd to Protestants Without the Walls it was much worse than in the City the Inhabitants there were not so much as required to bring in their Arms but generally the Soldiers came and searched for them on pretence of which Five or Six Parties after one another without method or order rifled the Houses In many Places they pull'd up the Boards of the Floors brake down the Wainscots Stealing and Plundering whatever they could lay their Hands on and sometimes torturing the poor People to make them confess their Arms. 16. The next day after this disorderly Dragooning came out a Proclamation dated February 25 1688 signifying that this disarming and taking away Horses was done by order of the Government throughout all Ireland there being only a Verbal Order for it before of which the Protestants knew nothing and which the Proclamation contradicted for wearing Swords were excepted in it whereas the Verbal Order is said to have mentioned them and they were delivered with great exactness before the Proclamation came out for no body could hope to conceal them it being known that every Gentleman had a wearing Sword yet none were redelivered to them though demanded and a second Proclamation published by King James himself dated July 20 1689 did expressly forbid all Protestants to wear or keep any Swords under the penalty of being counted Rebels and Triators and used as such and lest some should wear them and not be discovered they beset all the Church Doors on Sunday Morning February the 23d 1689 whilst the Protestants were at their Devotion to their great terror being ignorant of the Design and the Soldiers searched every one whether he had a Sword or no. 17. But to return to the general disarming though the Protestants lost in it thei◠Horses and Arms the Kings Stores gained little by them 〈◊〉 the Soldiers who received the Arms imbezel'd all that were better than ordinary amongst them conveying them away privately and converting them to their own use The Arms of the Citizens were generally fine and the Gentlemens Swords were Silver and the Soldiers that got them were wiser than to return such to the Stores The Lord Deputy seemed angry that so few Arms were returned imputed it to the Citizens as an effect of their Obstinacy and an Order was ready drawn for him to sign wherein it was declared that all Protestants with whom any Arms were found should be given up to the Mercy of the Soldiers so that there needed only some ill Fellows to come into a House and drop a Bayonet or Sword in a Corner and pretend to find it there for the Soldiers to have rifled whom they pleased besides which all Protestants were to be require◠upon Oath to discover their Arms. This Order had been signed and put into Execution if the Bishop of Meath had not come in seasonably to the Lord Deputy and by discoursing him calmly prevailed to have it laid aside The Reasons and Proposals that he made use of to divert this inconveniency from the City may be seen in the Appendix by them he got leave to enquire into the number of Arms taken away and found upon examination that more had been taken from one Parish than had been returned into the Store from the whole City The talk of putting the Citizens to their Oaths on this occasion did mightily alarm them they knew not where it would end if once the Government got into the Method of imposing Oaths on them and therefore the Bishop took care to caution them against it and they unanimously determined to take no Oaths at all whatever hardships they suffered and it is certain they might have eased themselves of many if they would have engaged themselves by Oaths but the remedy was counted worse than the Disease and in many Places of the Kingdom they chose to lye in Jail rather than take some new invented Oath that was put to them without any Law to enjoyn it 18. The management of taking up Horses was yet more disorderly whoever pleased took 〈◊〉 and was not so much as obliged to tell his Name the Proclamation mentioned only serviceable Horses but the Verbal Order that went before and on which they were taken made no distinction so all were taken that could be found At the
so kept them in Heart by countenancing them that they did not doubt some time or other to recover their Estates and they often told the English when heated by Drink or Passion that the time was drawing near when they would out them of their Estates and Improvements and send them to Dig or Beg. This Hope kept the Irish Idle and hindred them from applying themselves to any thing else and they were so sure of regaining their forfeited Estates that they disposed of them by Wills and Settlements as if in Possession which Wills and Settlements made by them whilst out of Possession are confirmed by a particular Act made in their late pretended Parliament 2. When King James came to the Crown they reckoned they had gained their Point and did not fail to labour it with all possible Industry and no doubt but his Majesty designed to gratifie them in it but he did not think fit to let the Protestants know his Intentions on the contrary he industriously concealed them He sent over the Lord Clarendon Lord-Lieutenant in the Year 1685. who arrived here January 10. he gave him in Charge to declare That he would preserve the Acts of Settlement and Explanation inviolable And accordingly the Lord Clarendon made this Declaration in Council and further gave it in Charge to all the Judges who solemnly declared on the Bench in their respective Circuits the Kings firm Intentions to preserve those Acts and in them the Protestant English Interest of Ireland At the same time Sir Charles Porter was sent over Chancellor of Ireland and he likewise had a Command from the King to assure all his Subjects that he would preserve these Acts as the Magna Charta of Ireland and Sir Charles at his entrance on his Office declared this solemnly on the Bench as Chancellor Fitton also after did and used withall to term it The Darling of the Nation and that it was the King's Pleasure to give his Subjects this Assurance These kind of Declarations were often repeated and gain'd Belief from the credulous Protestants especially that made by Sir Charles who behaving himself with Courage and Integrity in his Office went a great way to perswade them But the Papists were nothing daunted at it they knew that this was only a piece of Policy to â—ull us asleep till the Army was modelled and things fitted for repealing these Acts and then all the Protestations to the contrary would signifie nothing The new Attorney General Nagle was the first that durst openly propose the Repealing of them in his Letter from Coventry dated October 26. 1686. in which he endeavours to shew some Nullities and Invalidities in the Acts but mainly insists on the Inconveniency it would bring to the Popish Interest to have those Acts continued When the Earl of Tyrconnel came to the Government things were Riper and so King James ventured to discover his Intentions a little further and therefore in the first Proclamation issued out by the Lord-Deputy Tyrconnel and dated Feb. 21. 1686. he promised to defend the Laws Liberties and established Religion but upon debate at the Council-Board leaves out the Preservation of the Acts of Settlement and Explanation In Spring 1688. he sends over to England Chief Justice Nugent and Baron Rice to concert the Methods of repealing it That this was their Errand was publickly known and is confessed by my Lord Sunderland in his Letter to his Friend in London dated March 23. 1689. and if we believe him they bid 40000 l. to gain his Lordship to assist them but whatever his Lordship did with them it is certain they succeeded in their Design though perhaps a little delay'd in point of time and agreed on the several Steps by which they were to bring it to pass they knew it was generally discoursed that they went on this Errand and it would have alarm'd the whole Kingdom if they had own'd their Success they therefore dissembled it and contrived to have it given out that the King had rejected their Proposals but granted others that were very Beneficial to the Kingdom the Heads of which they took care to have published In the mean while they fell on prosecuting their Design according to the Secret Resolutions agreed on and began immediately to put things in order to have a Parliament that would be sure to answer their Intentions they proceeded to finish the Regulations of Corporations against which Quo Warranto's had before been issued as we have already shewed and that things might not stick in the House of Lords by reason of the Numerousness of the Protestant Peers and Bishops a List was drawn up of such Papists as the King might by Writ call into the House to Out-vote them The Sons of such Lords as had been Indicted and Out-lawed for the Rebellion in 1641. had brought Writs of Error to reverse their Father's Outlawries which made them uncapable of Sitting which was in effect to destroy the Act of Settlement that was founded on those Out-lawries The Protestants saw the Consequence of the Reversing them and therefore earnestly opposed it but Lord Chief Justice Nugent and his Fellow-Judges over-ruled all Oppositions that could be made and reversed as many as desired it Some of them when they had reversed the Outlawries ask'd the Attorney General whether they might not now Sue for their Estates He answered that they should have a little Patience perhaps they would come more easily meaning that when a Parliament sate it would by repealing the Act of Settlement give them their Estates without a Suit 3. But many had not Patience to wait the General Restitution and therefore as soon as they had Judges and Sheriffs to their mind they set up Counterfeit Deeds and easily obtained Verdicts if the Protestants brought a Writ of Error yet that did not benefit them nor stop their being outed of Possession for the Sheriffs on their own Heads gave the Old Proprietors Possession and left the Protestants to recover it by Injunction out of Chancery or by Common-Law Thus Doctor Gorge was outed by Mr. Barnwell of a great Estate and many others notwithstanding their Writs of Error Some Old Proprietors had gotten some Conditional Orders from the Commissioners of the Court of Claims for Estates many of which only enabled them to bring their Actions at Common-Law These had laâ—â— dormant since the sitting of the Court of Claims which was above Twenty Years but now instead of bringing their Actions into the Court they carried their old Injunctions which they had procured from the Court of Claims and which they thought not fit in all this time to execute as knowing legally they could not yet I say so long after the Dissolution of the Court which granted them they carried them to the Sheriffs and they without any more ado put them into Possession whereby they deprived the Subject of the Benefit of those Laws that make Fines levied with Non-claim a perpetual Bar and also dispossess'd and put by all intermediate
that we could promise our selves no help from his Negative Vote 13. The House of Lords if regularly assembled had consisted for the most part of Protestants and might have been a Check to the King's Intentions of taking away our Laws in a legal Method there being if we reckon the Bishops about Ninety Protestant Lords to Forty five Papists taking in the new Creations and attainted Lords But first to remove this Obstacle care had been taken to reverse the Outlawries of the Popish Lords in order to capacitate them to sit in the House 2. New Creations were made Sir Alexander Fitton the Chancellor was made Baron of Gosworth Thomas Nugent the Chief Justice Baron of Riverston Justin M'Carty Viscount Mountcashell Sir Valentine Brown Viscount Kenmare A List was made of more to be call'd into the House if there were occasion 3. They had several Popish Titular Bishops in the Kingdom and it was not doubted but if necessity required those would be call'd by Writs into the House 4. It was easie to call the eldest Sons of Noble-men into the Parliament by Writ which would not augment the Nobility and yet fill the House But there were already sufficient to over-vote the Protestants for there remain'd of about Sixty nine Protestant Temporal Lords only four or five in Ireland to sit in the House and of Twenty two Spiritual Lords only seven left in the Kingdom of which Dr. Michael Boyle Arch-bishop of Ardmah Dr. Hugh Gore Bishop of Waterford Dr. Roan Bishop of Killalâ—o were excused on the account of Age and Sickness The other four were Dr. Anthony Dopping Bishop of Meath Dr. Thomas Otway Bishop of Ossory Dr. Simon Digby Bishop of Lymerick and Dr. Edward Wettenhall Bishop of Cork and Ross these were oblig'd to appear upon their Writs directed to them and King James was forced sometimes to make use of them to moderate by way of Counterpoise the Madness of his own Party when their Votes displeas'd him But in the general they protested against most of the Acts and entered their Dissent It is observable that all these Acts of this pretended Parliament are said to be by the Advice and Consent of the Lords Spiritual and Temporal whereas not one Spiritual Lord consented to many of them but on the contrary unanimously protested against them and at passing the Act of Attainder of which more hereafter they were not so much as present They complain'd of this but were refus'd redress and the express mention of their consent continued Of Thirty seven Papist Lords there appear'd besides the new created Lords Twenty four at times of which Fifteen were under Attainders by Indictments and Outlawries two or three were under Age and there remain'd only Six or Seven capable of Sitting and Acting Chancellor Fitton now Baron of Gosworth was Speaker of the House of Lords King James was present constantly in the House and directed them not only in their Debates but likewise in their Forms and Ceremonies hardly one in either House having ever sate in a Parliament before 14. The House of Commons makes the Third Estate in Parliament and 't is by them that the People have a more immediate Interest in the Legislative Power the Members of this House being such as are return'd by the Peoples Free Election which is look'd on as the Fundamental Security of the Lives Liberties and Properties of the Subject These Members of the House of Commons are elected either by the Free-holders of Counties or the Free-men of Corporations And I have already shew'd how King James wrested these out of the Hands of Protestants and put them into Popish Hands in the new Constitution of Corporations by which the Free-men and Free-holders of Cities or Boroughs to whom the Election of Burgesses originally belongs are excluded and the Election put into the Hands of a small number of Men named by the King and removable at his pleasure The Protestant Free-holders if they had been in the Kingdom were much more than the Papist Free-holders but now being gone tho many Counties could not make a Jury as appear'd at the intended Tryal of Mr. Price and other Protestants at Wicklow who could not be tried for want of Free-holders yet notwithstanding the Paucity of these they made a shift to return Knights of the Shire The common way of Election was thus The Earl of Tyrconnel together with the Writ for Election commonly sent a Letter recommending the Persons he design'd should be chosen the Sheriff or Mayor being his Creature on receipt of this call'd so many of the Free-holders of a County or Burgesses of a Corporation together as he thought fit and without any noise made the return It was easie to do this in Boroughs because by their new Charters the Electors were not above Twelve or Thirteen and in the greatest Cities but 24 and commonly not half of these on the place The Method of the Sheriffs proceeding was the same the number of Popish Freeholders being very small sometimes not a Dozen in a County it was easie to give notice to them to appear so that the Protestants either did not know of the Election or durst not appear at it By these means the pretended Parliament consisted of the most Bigotted Papists and of such as were most deeply Interested to destroy the Protestant Religion and Protestants of Ireland One Gerrard Dillon Serjeant at Law a most furious Papist was Recorder of Dublin and he stood to be chosen one of the Burgesses for the City but could not prevail because he had purchased a considerable Estate under the Act of Settlement and they fear'd lest this might engage him to defend it Several Corporations had no Representatives either because they were in the Enemies hands or else because the Persons named by the Charter for Electors were so far remote that they could not come in such Numbers as to secure the Elections for Papists against the few Protestants that were left still in the Charters and who lived generally on the place I have mark'd the Boroughs and Counties that had no Representatives in number about Twenty nine few Protestants could be prevail'd with to stand tho they might have been chosen because they foresaw no possibility of doing good and thought it unsafe to sit in a Parliament which they judged in their Conscience Illegal and purposely design'd for Mischief to them and their Religion however it was thought convenient that some should be in it to observe how things went and with much perswasion and Intreaty Sir John Mead and Mr. Joseph Coghlan Counsellors at Law were prevail'd on to stand for the University of Dublin the University must chuse and it could not stand with their Honor to chuse Papists and therefore they pitch'd on these two Gentlemen who were hardly brought to accept of it as thinking it Scandalous to be in so ill Company and they could not prevail with themselves to sit out the whole Session but withdrew before the Act of Attainder
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
Slone of Dublin Esq Cornet William Mountgomery of Gransagh Richard Warren of Clonconnel Gent. Thomas Warring of the same and Robert Rosse of Rathfryland Gent. All late of the County of Downe Downeham Cope of Dromely Esq James Maxwel Jun. of Mullaghiteny Esq James Gillapsy of Anaghrope Gent. John Erwin of Tynan Gent. William Heardman of Dartan Francis Hamilton of Tullybrock Gent. Hugh Rowley of Tubbermore Esq Francis Obery of Clantylne Gent. William Richardson of Legecurry Esq George Blacker Jun. of Knockbridge Gent. Henry Hunter of Ballymeally Gent. Jonathan Powel of Ballybroly Gent. Daniel Maddin of Toneregge Gent. William Denny of Clonbrazile gent. John Dawson of Ardmagh gent. Walter Dawson Sen. of the same gent. Walter Dawson Jun. of the same gent. Ralph Trueman Sen. of Braccagh gent. Meredith Workeman of Meagh gent. Captain John Johnston of Dromconnel Robert Fenly of Hamilton's-Bawne gent. Thomas Ball of Glassedromi Esq Charles Pointz of the same gent. Major Joseph Strowde of Lisburne and Joseph Strowde Gentlem. All late in the County of Ardmagh Alexander Stewart Esquire Son to the Lord Mountjoy Warham Jemett Collector Captain Alexander Lacky Captain Samuel Norman Captain Matthew Cockins Captain Alexander Tompkins Captain John Tompkins Captain Thomas Moncreiffe Captain James Lenox Captain Horan Kenedy Lieutenant William Crookeshankes Lieutenant James Boyde Lieutenant James Spicke Lieutenant Daniel Sherrard Lieuten Edward Brookes Lieutenant William Wallace Lieutenant Henry Long Lieutenant William Macky Lieutenant Robert Morrison Lieutenant William Newton Lieutenant Henry Campsy Lieutenant Henry Thompson Col. George Philips of Newtownlemevaddy Captain William Smith Captain Andrew Alexander Captain Thomas Philips Junior Lieutenant Col. Edward Cary of Dungiven Captain Alexander Skipton Captain Stephen Hâ—ard Captain James Strong Captain Thomas Ash Captain James Howey of Muffe Captain Samuel Hobson Captain George Skipton of Foughanveale Captain John Gage of Moygillan Capt. ... Hallneare of Ballycastle Captain Abraham Hilhouse of the same Colonel George Canning of Garvagly Captain Nicholas Edwards of Kilreah Captain William Church Capt. ... Miller Capt. Adam Downing of Ballaghy Captain Matthew Mac Loran of Dawsonsbridge Captain Hugh Reamy Lieutenant Col. William Cunningham of Ballydrum Capt. James Rea Captain Samuel Wright Lieutenant Col. Robert Lundy and David Rosse of Londonderry Gent. All late of the County of Londonderry Captain John Forward of Coolemackeiltrean Capt. John Cowan of S. Johnston Capt. Francis Cary of Redcastle Capt. George Vaughan of Buncrannagh Capt. Henry Hart of Muffe in Enishone Captain Robert Cary of Whitecastle Captain William Latham of Ballymagrorty Lieutenant William Cary of Ballyeany alias Bridestown Thomas Blaire of Aghadny gent. Henry Gorge of Somerset Son of Col. Gorge and Patrick Jordan of Castleroe Gent. All late of the Counties of Donnegal or Detty Oliver St. George Jun. of Headford Esq second Son to Sir Oliver St. George Richard St. George of Dunmore Esq George St. George of the same Esq John Blackny of Gallagh Esquire Robert Corlewes of Dunmore gent. John Eyres of Eyres Court Esq and Samuel Eyres of the same All late of the County of Galway Daniel Hutson of St. John's Esq Capt. Chidley Coote of Voughterhire John Drury of Callow gent Edward Nickleson of Castlereagh Clerk Edward Hawkes of Roscommon Clerk Thomas Floyd of Croghane Esq Toby Mulloy of Knocvicâ—ar gent. Edward Sandford of Castlereagh gent. John Teadon of Boyle yeom George Crofton of Kilbridge gent. John Nickleson of Castlereagh Clerk Henry Irwing of Boyanagh yeom William Lambert of Moyheiden gent. Richard Glasse of Clooneawne gent. Jacob Jaques of Athlone Innkeeper Anthony Cope Dean of Elphin Henry Yeadon of Boyle Clerk Gilbert Ormsby of Tobervaddy Esq and John Crofton of Kilbride gent. All late of the County of Roscommon Arthur Cooper of Marker Gent. Richard Cooper of the same gent. William Ormsby of Court gent. Francis King of Ballindune gent. Charles Dodd of Tyrillel gent. Robert Foliot of Dromdony gent. Henry Hughs and Thomas Hughs of Crahane Barony gent. William Harlow of Rathmullin .... Thomas Hart of Ballinspor George Cooper of Tyrillel gent. Morgan Hart of Ballinspor gent. Robart Hart of the same gent. James Nipper of Tobberaghoirne gent. Richard Brookes of Tullybegg gent. Doctor John Lesly of Ballitogher Clerk Stephen Ormsby of Castleloghdaregin gent. Roger Smith of Knocknasamer gent. Henry Nickleson of Bellanagargine gent. Roger Nickleson of the same gent. Adam Ormsby of Comine gent. Francis Ormsby of Careneâ—row gent. Richard Smith of Coolany gent. Francis Gore and William Gore of Sligoe gent. Coote Ormsby of Sligoe Clerk Peirce Geathing of the same Esq Philip Cox of the same gent. Humphry Booth of the same Esq Humphry Booth Jun. of the same gent. Anthony Colly of Moyhgara gent. Richard Phillips of Sligoe gent. James Soden of Grange gent. Jeremy Jones of Arduaglass Esquire Lewis Jones of the same Esq John Urwing of Tonregoe gent. Alexander Urwing of the same gent. Thomas Griffith of Ballingchara Esq Thomas Griffith Jun. of the same gent. William Griffith of Sligoe gent. Richard Nesson of Grange gent. Ensign William Story of Rosse Thomas Osborne near Sligoe gent. Henry Osborne of the same gent. Henry Grissin of Sligoe gent. William Nicleson of Ardtairmane gent. Charles Nicleson of Larrass gent. Edward Hunter of Ballyelly gent. Richard Wood of Laccan Esq Edward Wood of Court Esq Stephen Wagget of Cooluny yeom Thomas Crocar of the same yeom Samuel Nicleson of Castle Canure gent. Roger Walton of the same Tanner Michael Jones of Legbane Clerk William Mortimer of Tyrellel gent. William Mortimer Jun. of the same gent. Thomas Cashoe of Ballysadara gent. Thomas Burne of Castle Canure Tanner Arthur Gore of Sligoe gent. John Palmer of Knockmullin gent. and Thomas Ormsby of Comin gent. All late of the County of Sligoe Arthur Gore of the County of Mayo Gent. Son and Heir to Sir Arthur Gore Major Owen Vaughan of Carrowmore Charles Bingham of Foxford gent. Captain Thomas Brent of Ballinrobe James Moore of Killala gent. Clâ—ud Watts of Tyrally gent. John Robinson of Rathreagh gent. Lawrence Mackin of Rathduffe gent. Benjamin Long of Mayne gent. Lewis Winn of Ballyvighan Esq John Bingham Sen. of Foxford Esq All late of the County of Mayo William Lowther Esquire James Nisbitt Esq Robert Galbraith Gent. Robert Collys William Nichols Gustavus Nichols William Parsons Lieutenant Robert Elliot ..... Waagh Thomas Floyd Esq Captain Hugh Mountgomery Capt. Edward Nicholson Robert Craige William Charleton Capt. ... Mansley Lancelot Lowther William Elliot ... Graham John Anderson Thomas Vernloe Francis Gore James Maxwel Clerk William Cunningham Clerk Robert Rosse Clerk Henry Palmer Clerk and James Wynn of Lorgan Boy Esq All late of the County of Lietrim Whether Dead or Alive or Kill'd in Open Rebellion or now in Arms against your Majesty or otherwise And every of them shall be deemed taken and reputed and are hereby declared and adjudged Traytors convicted and attainted of High Treason and shall suffer such Pains of Death Penalties and Forfeitures respectively as in Cases of High Treason are accustomed
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
were all on the catch and that he would do his own Business and not trouble them or any of them or words to that purpose and desired this Deponent to return him a good Jury and that he the said Dunsany would give this Deponent twenty Guinnies in hand and three or four hundred Pounds when he should be restored to the Possession of his Estate To which this Deponent made answer That he would impose nothing on his Lordship and that he would do him Right Then the said Lord Dunsany swore that this Deponent should not repent what Kindness this Deponent would shew him in that Affair and said he would not fail paying the twenty Guinnies upon the return of the said Venires This Deponent desired the said Lord of Dunsany to imploy his Brother Thomas Plunket in the prosecution of that Concern which he promised he would do and thereupon began to name such as he would have of the Jury Which this Deponent desired he should forbear telling him if this Deponent should be examined to that the Aray would be quash'd The said Dunsany then said he would put the Venires into this Deponent's Hands and do what he thought fit and said this Deponent should hear from him within some short time which he performed And this Deponent deposeth that he did receive the said two Venires either from the said Lord Dunsany's Messenger or from himself or one of his Servants But this Deponent having recollected his Memory is more apt to believe that it was the said Lord of Dunsany's Messenger or Servant whom this Deponent hath seen before in the said Lord's Company that came according to his the said Lord Dunsany's Promise that delivered the said Venires to this Deponent for he desired to know at his departure from this Deponent where and when the said Mr. Thomas Plunket should meet this Deponent in order to return the said Writs or words to that effect That this Deponent appointed him to give the said Thomas Plunket notice to meet him at Trim at one Mr. Eveys House on such a day as this Deponent cannot tax his Memory now with That this Deponent having several Occasions to this City waited on Mr. Daley this Deponent's Counsel now Mr. Justice Daley and advised with him about the Proposals and said Overtures betwixt him this Deponent and the said Lord of Dunsany and thereupon resolved to serve the said Lord Dunsany gratis and not to take or accept of any manner of Consideration from the said Lord of Dunsany and that he this Deponent would be very just to him which Resolution was approved of by the said Mr. Justice Daley This Deponent further deposeth That according to appointment being met with punctually had some Discourse with the said Thomas Plunket who said The said Lord of Dunsany his Brother was not prepared for a Trial and that he would go on soon with all his Estate at once and that them two Parcels were inconsiderable in respect of the Bulk of his Estate and desired this Deponent to reserve the best Men in order to return them on the Juries when he should put other Venires for that purpose in this Deponent's hands or words to that purpose This Deponent desired him to consider what he had to do and he should not blame him this Deponent hereafter He the said Thomas Plunket then replied That he would be satisfied with what Returns this Deponent should make on the said two Venires and desired that the best Men might be reserv'd as aforesaid Whereupon this Deponent soon after return'd the aforesaid Venires with Pannels to them severally annexed This Deponent further deposeth That he having notice from the Lord Bp of Clogher that he heard that the said Lord of Dunsany should reflect on this Deponent saying He would not return him a good Jury without a Consideration and having met the said Thomas Plunket in the said Lord Bishop's Lodgings in Michaelmass or Hillary Term last he desired the said Lord Bishop to acquaint the said Thomas Plunket with the Expressions he heard of the said Lord of Dunsany Which he having done the said Thomas Plunket said That this Deponent desired no Consideration and that the Lord Dunsany aforesaid was much obliged to him this Deponent and that he was mighty kind to him and would justify the same This Deponent further deposeth That the said Thomas Plunket having met this Deponent at Longwood after some Discourse he had with this Deponent the seventeenth day of March last past shewed him a List of the Juries and asked this Deponent if he returned them To which this Deponent answered That he had as he believed He the said Thomas Plunket thereupon said most of them were Phanaticks and that they would hang the said Lord of Dunsany if they could This Deponent made answer then That if they prov'd inconvenient that it was the said Thomas Plunket's fault for that he had desired this Deponent to return what he this Deponent pleased and to reserve the best Men for the Bulk of the said Lord Dunsany's Estate or words to that effect The said Thomas Plunket said He would never consent to the return of such Juries and passionately said If he had the twenty Guinnies to give this Deponent that he would have better Juries This Deponent asked the said Thomas Plunket if this Deponent desired any such Sum or any Sum of him when he met at Trim he then replied that he did not but that the said Lord Dunsany did promise it After a while he likewise said That he told the said Lord of Dunsany that this Deponent could not be supposed to have made that Return for Ill-will or Gain for that none would give any Sum of Money where the Party could Nonsuit himself as also that this Deponent had returned good Juries for several of his Country naming Mr. Evers and others and that it was his ill Luck that hindred him or words to that effect This Deponent further deposeth That neither of the Defendants directly or indirectly desired this Deponent for to return the said Juries Neither did this Deponent give them notice that he had any Venires neither did he know that there were any Venires ordered to be granted by this Court until he received the said Venires either from the said Lord or Tenants or Messengers as aforesaid and further saith not Mr. Burridge's Affidavit about Robbers Sept. 27. 1690. THen came before me Ezekiel Burridge Clerk and saith That about the beginning of the late Earl of Tyrconnel's Government he was set upon by three Men near Glasneven within a mile of Dublin who gave this Deponent four Wounds with their Swords and tore his Gown so that he could never afterwards wear it They likewise attempted to rob him had they not been prevented by the coming in of Company Two or three days after he heard that a Fellow was seen on the same Ground who looked suspiciously and being pursued was taken in the Suburbs Whereupon the
Foxon John Power John Banner Henry Nugent William Mackentosh Charles O Danniel Arthur Dillon Lord Brittas Allen Bellingham John Brown Thomas Carleton Robert Nugent Captain Pagez Captain Durass Nicholas Kemish No. 20. A List of the Lords that sate in the pretended Parliament at Dublin held the 7th of May 1689. The Nobility of Ireland May 7th 1689. Sir Alex. Fitton Kt. Baron of Gausworth Lord Chancellor Dr. Mich. Boyle Lord Archbishop of Armagh Primate of all Ireland Rich. Talbot Duke of Tyrconnel Earls Nugent Earl of Westmeath Mac Donel Earl of Antrim Barry Earl of Barrymore Lambert Earl of Cavan Mac Carty Earl of Clancarty Power Earl of Tyrone Aungier Earl of Longford Forbese Earl of Granard Dungan Earl of Lymerick Viscounts Preston Viscount Gormanstown Butler Viscount Montgarret Dillon Visc. Costello and Gallen Nettervill Viscount Dowth Magennis Viscount Iveagh Sarsfield Viscount Kilmallock Bourk Viscount Mayo Butler Viscount Ikerin Dempsy Viscount Glanmalier Butler Viscount Galmoy Barnwell Viscount Kingsland Brian Viscount Clare Parsons Viscount Rosse Bourk Viscount Galway Brown Viscount Kenmare Mac Carty Viscount Montcashel Cheevers Visc. Mount Leinstor Bishops Anth. Dopping Bish. of Meath Tho. Otway Bishop of Ossory and Kilkenny Edw. Wetenhall Bishop of Cork and Rosse Symon Digby Bishop of Lymerick and Ardfart Barons Bermingham Baron of Athenry Courcy Baron of Kinsale Fitz Morris Bar. of Kerry and Lixnare Fleming Baron of Slane St. Laurence Baron of Howth Barnwall Bar. of Tremblestown Plunket Baron of Dunsany Butler Baron of Dunboyne Fitz Patrick Ba. of Upper Ossory Plunket Baron of Lowth Bourk Baron of Castle-connel Butler Baron of Cohair Bourk Baron of Brittas Blaney Baron of Monoghan Malone Baron of Glenmalun and Courchey Mac Gwyre Baron of Eniskillin Hamilton Baron of Strabane Bellew Baron of Duleek Bourk Baron of Bophine Nugent Baron of Rivers-own N o. 21. The Names of the Knights Citizens and Burgesses returned to the Parliament beginning the 7th of May 1689. Com. Ardmagh Arthur Brownloe Esquires Walter Hovendon Esquires Bur. Ardmagh Francis Stophard Esquire Constantine O Neile Esq 16th of May 89. Bur. Charlemont Com. Antrim Carmick O Neile Esquires Randal Mac Donel Esquires Bur. Carrickfergus Burrough Belfast Mark Talbot Esq Bur. Lisbourn Daniel O Neile Esq 20th May 89. Bur. Antrim Com. Catherlogh Dudley Bagnal Esquires Henry Lutterel Esquires Bur. Catherlogh Mark Baggot Esquires John Warren Esquires Bur. old Laughlin Darby Long Esquires Daniel Doran Esquires Com. Cork Justin Mac Carty Esq Sir Richard Nagle Knight Town of Youghall Thomas Uniack Aldermen Edward Gough Aldermen Town of Kinsale Andrew Murrogh Esquires Miles de Courcey Esquires Bur. Baltimore Daniel O Donavan Esquires Jeremiah O Donavan Esquires Bur. Bandonbridge Charles Mac Carty of Balloa Esquires Daniel Mac Carty Reagh Esquires Bur. Cloghnerkilty Lieut. Coll. Owen Mac Carty Daniel Fyn Mac Carty Esq Bur. Middletowne Dermot Long Esquires John Longan Esquires Bur. Moyallow John Barret of Castlemore Esquires David Nagle of Carrigoone Esquires Mannor and Borough of Rathcormuck James Barry Esquires Edward Powell Esquires Mannor of Donerail Donello Donovan Esq John Baggot Jun. of Baggotstown Esq Bur. Charleville John Baggot of Baggotstown sen. Esq John Power of Killbelone Esq City of Cork Sir James Cotter Knight John Galway Esquire Com. Cavan Phil. Reyly of Aghnicrery Esquires John Reyly of Garryrobock Esquires Bur. Cavan Phil. Oge O Reyly Esquires Hugh Royly of Larha Esquires Bur. Belturbet Sir Edward Tyrrel Baronet Tuit of Newcastle Esq Com. Clare David O Brian Esquires John Mac Nemara of Crattelagh Esquires Bur. Ennis Florence Mac Carty of Dromad Esquires 10. Ma. 89. Theob Butler of Szathnogalloon Esquires 10. Ma. 89. Com. Down Murtagh Magennis of Greencastle Esquires Ever Magennis of Castleweian Esquires Bur. Hilsburrow Bur. Newry Rowland Wite Esquires Rowland Savage Esquires Bur. Bangor Bur. Keleleagh Bernard Magennis of Balligorionbeg Esq Tool O Neile of Dromankelly Gent. Bur. Down New-town Com. Dublin Symon Lutterel of Luttrels town Esquires Patr. Sarsfield Jun. of Lucan Esquires Bur. Swords Fra. Barnwell of Woodpark Co. Meath Esq Robert Russel of Drynham Esq Bur. Newcastle Tho. Arthur of Colgans town Esquires John Talbot of Belgard Esquires City of Dublin Sir Michael Creagh Knight Terence Dermot sen. Alderman Colledge of Dublin Sir John Mead Knight Joseph Coghlan Esq Town of Drogheda Henry Dowdal Esq Recorder Alderm Christopher Peppard Fitz George Com. Donnegall Lifford Ballyshannon Killebeggs Donnegall St. Johns-town Sir William Ellis Knight Lieut. Coll. James Nugent Com. Galway Sir Ulick Bourk Baronets Sir Walter Blake Baronets Bur. Athenree James Talbot of Mount Talbot Esquires Charles Daly of Dunsandale Esquires Bur. Tuam James Lally of Tullendaly Esquires William Burk of Carrowfrila Esquires Town of Galway Oliver Martin Esquires John Kirwan Esquires Com. Kilkenny John Grace of Courts-town Esquires Robert Welsh of Cloonesby Esquires Bur. Callaim Walter Butler Esquires Thady Meagher Esquires Bur. Thomas-town Robert Grace senior Esquires Robert Grace junior Esquires Bur. Gowran Richard Butler Esquires Walter Keily Dr. of Physick Esquires Coll. Robert Fielding by a new Election Bur. Inishoge Edward Fitzgerald Esquires James Bolger Esquires Bur. Knocktopher Harvy Morris Esquires Henry Meagh Esquires City of Kilkenny John Rooth Esq Mayor James Bryan Alderman 4th May 1689. Bur. Kells Patrick Everard Esquires John Delamare Esquires Bur. St. Canice Com. Kildare John Wogan Esquires George Aylmer Esquires Bur. Naas Walter Lord Dungan Charles White Esq Bur. Athy William Fitzgerald Esquires William Archbold Esquires Bur. Harristown James Nighell Esquires Edmund Fizgerald Esquires Bur. Kildare Fracis Leigh Esquires Robert Porter Esquires Kings County Heward Oxbourgh Esquires Owen Kerrall Esquires Bur. Philips-town John Conner Esquires Heward Oxbourgh Esquires Bur. Banagher Terence Coghlan Esq Terence Coghlan Gent. Bur. Birr Com. Kerry Nicholas Brown Esq Sir Thomas Crosby Knight Bur. Tralee Morrice Hussey of Kerties Esquires John Brown of Ardagh Esquires Bur. Dingle Icouch Edw. Rice Fitz James of Ballinleggin Esq John Hussey of Cuhullin Com. Lym Esq Burr Ardsart Coll. Roger Mac Elligott Esquires Cornelius Mac Gillicuddy Esquires Com. Longford Roger Farrell Esquires Robert Farrell Esquires Bur. Lanesborough Oliver Fitzgerald Esquires Roger Farrell Esquires Town of Longford Com. Lowth Thomas Bellew Esquires William Talbot Esquires Bur. Atherdee Huh Gernon Esquires John Rabe Esquires Bur. Dundalk Robert Dermott Esquires John Dowdall Esquires Bur. Carlingford Christoph. Peppard Fitz Ignatius Esquires Bryan Dermod Esquires Dunlier Com. Lymerick Sir John Fitzgerald Baronet Gerald Fitzgerald Esquire commonly called Knight of the Glynn Bur. Kilmallock Sir William Harley Baronet John Lacy Esquire Bur. Askeaton John Bourk of Carrickinohill Esquires Edward Rice Esquires City of Lymerick Nicholas Arthur Aldermen Thomas Harrold Aldermen Com. Leitrim Edmond Reynolds Esquires Irrel Farrell Esquires Bur. James-town Alexander Mac Donnel Esquires 15 th May 1689. William Shanley Esquires 15 th May 1689. Carrickdrumrusk Com. Mayo Garret Moor Esquires Walter Bourk Esquires Cartlebar John Bermingham Portreeve Thomas Bourk Esquire Com. Meath Sir William Talbot Baronets Sir Patr. Barnwall Baronets Bur. Ratoath John Hussey Esquires James
Successors to give them relief in a Case of so great moment and general concern as this is As for the general Reprizal mentioned to be made them out of the Rebels Estate which must not be conceived to give any colour to this manner of proceeding and ought to be equal to the Estate which the Proprietors shall be outed of that will be very uncertain for it must be known who the Rebels are and what their Lands amount to since it may be probably concluded that there are many of your Subjects now in England no way concerned in the Rebellion and would have ere this attended your Majesty here if they had not been hindred from coming by duress and Imbargo and many other legal and justifiable excuses too long for this present Paper and withal that where any of them are seised of any new Estates so much must be restored to the old Proprietors and what is also subject to their Settlements and other Incumbrances After all this it is in the power of your Majesty to prevent the total ruine of so many of your Subjects as have been Purchasers and Improvers in this Kingdom by prescribing more moderate ways than depriving them of the whole of what they have legally and industriously acquired and that Committees of both Houses may hear and enquire whether any medium may be found out betwixt the Extreams for the accommodating as near as may be the Purchaser and the old Proprietor so that if there because of Complaint it may not arise from a total disappointment of either Party This is a little of what may be said on this occasion but the hast of those who drew on this Bill will allow no further time at present It is proposed that his Majesty will hear Council on this occasion No. 23. The Lord Bishop of Meath's Speech in Parliament June the 4th 1689. Spoken on the Bill of Repeal of the Act of Settlement My Lords YOur Lordships have now under yoâ—â— Consideration a Bill of great Weight and Importance for the future Prosperity or Ruine of the King and Kingdom depends upon it A Bill that unsettles a former Foundation upon which this Kingdom 's Peace and Flourishing was superstructed and Designs to erect another in its stead the Success whereof is dubious and uncertain I shall therefore humbly crave your Leave to represent my Thoughts candidly and impartially upon it And that so much the rather because I am here summoned by the Kings Writ to give his Majesty my best Advice for his own Service and the good of the Nation My Lords In every Law two things are to be consider'd First that it be just and doth no Man wrong Secondly and that it be pro bono publico And I am humbly of Opinion that this Bill is faulty in both these Respects and therefore ought not to pass this House It is unjust to turn men out of their Possessions and Estates without any Fault or Demerit To deprive Widows of their Jointures and Children of their Portions when they have done nothing to forfeit them But the Injustice will rise much higher if we consider it with a respect to Purchasers who have laid out all their Substance upon Estates deriv'd under the Acts that are now design'd to be Repeal'd What have they done to make them Delinquents except it be the laying out their Money on the Publick Faith of the Nation declared in two Acts of Parliament and on the Publick Faith of his Majesties Royal Brother expressed in his Letters Patents Their Case is yet harder If we consider the great Improvements they have made upon their Purchases which by this Bill they are like to lose without any Reprizal for them And if it be reasonable to restore the Old Proprietors to their Estates 't is enough for them to enjoy them in the same plight and condition that they left them But I see no Reason why they should have them in a better Condition or enjoy the Benefit of other mens Labours and Expences to the utter ruine of them and their Families Here Mercy should take place as well as Justice for the Purchasers are the Objects of them both Two things I am sensible may be reply'd to this and I am willing to consider them both First That if it be unjust to turn them out It is as unjust not to restore the Old Proprietor who hath been so long kept out of his Estate Secondly That there is no injury done to the present Possessor because he is to be repriz'd for his Losses As to the first of these I shall not at present meddle with the Reasons why they lost their Estates nor touch upon the Grounds and Occasions of their forfeiting their Interests in them being sensible that neither the time nor the place will admit a Discourse of this nature I shall therefore take it for granted that they were unjustly put out that it is just and reasonable that they should be restored but then it must be granted that it is unjust to turn out the present Purchaser and Possessor What then is to be done in this Case where the Justice or the Injury is alike on both sides If we restore the Old Proprietor we injure the present Possessor if we do do not we injure the Old Proprietor My Lords It is my humble Opinion which I submit to your Lordships better Judgments that we are to consider in this Case who hath most Justice on his side and incline the Ballance that way If it lies on the Old Proprietors side let him have it If not let the present Possessor enjoy it Now it appears to me that the Purchaser hath more Justice on his side than the Old Proprietor For he has both Law and Equity on his side he hath the Law on his side by two Acts of Parliament and the Kings Letters Patents and he hath the Equity by his Purchase Money whereas the Proprietor hath the Law against him and nothing but Equity to pretend to And I hope your Lordships will never think it reasonable to relieve a bare Equitable Right against a Purchaser that hath both Law and Equity If you do I am confident it is the first President of this kind As for the Reprizals I hear the Name of them in the Bill but I find nothing agreeable to the nature of them There are certain Conditions agreed on all hands to make up the Nature of a Reprizal None of which are like to be observed or kept here I shall name some of them and leave it to your Lordships Consideration how far they are like to be performed with the present Purchasers It is necessary to a Reprizal that it be as good at least if not in some respects better than the thing I am to part with That I my self be Judge whether it be better or worse That I keep what I have till I am reprized If my Neighbour comes to me and tells me that he hath a mind to my Horse
malitiosus pernitiosus nequissimus machinansque â—…ns pacem commune tranquilit ' hujus Regni Hibernioe perturbare discord ' inter Dominum Regem subditos suos incitare movere dict' Dom ' Regem gubernationem suam in odium contempt ' vilipendentiam inducer ' in Insurrectionem Rebellionem in hoc Regno Hibernioe suscitar ' mover ' inferr ' vicessimo die Januar ' Anno Regni Domini nostri Jacobi secundi Deâ— gra ' Angl ' Scot ' Franc ' Hiberniae Regis Fidei Defensor ' c. quinto apud Castrum de Dublin ' in Com' Dublin ' proedict ' seditiosam malitiosam illicit ' scripsit ' vel scribi fecit quandam seditiosam malitiosam Epistolam sive Chartam cujus quidem seditiosam malitiosam Epistoloe tenor sequitur in hoec verba scilicet Eniskillin the 10th of January 1689. Cosin Spike YOurs I'receiv'd January the 1 st it being the greatest satisfaction I could expect to hear of your good Health and Welfare and the rest of your good Family getting the convenience of the honest Bearer makes me acknowledge your often kindnesses to me Yesterday we received Letters from Londonderry they all agree with our Proposals as in carrying on our Design in Dublin The day appointed is the 4th of February at Supper-time in the Castle and for some of our men intended for that purpose to go in a little before as many as can well not being suspected others to stay in the Street and Houses thereabout till the Word is given GOD be with Us Then all to Force in Killing the Guards after giving the Tinker and the rest of his Function their last Supper Mr. Drury he is intended to Fire the Suburbs with others of his assistance as might be thought fit it being a means to force the Souldiers out of the City We question not but our People is in number enough to do the Work as well in the City as Castle One night does all We have here in these parts 14000 Horse and Foot in readiness to be with you in Dublin in five or six dayes at farthest I hope God will inspire into our peoples hearts to persevere with Undaunted Hearts to pull down that Yoke of Popery which we are likely to lie under unless by God prevented We are in the Truth and I hope God is with Us although our Expectations being Failed hereto we might think it rather Punishment for our Sins than in any wise hindrance of our Victory Last Week we had an Account from Derry that there Landed two Ships laden with Ammunition and Provision and to the number of Fifty-Six Volunteers the most of them now being here with Us They giving us an Account of our English Resolution That they will every man Die rather than be yeilding to Popery likewise that great Preparations are made for our English to come over this Spring to the value of Two and Twenty Thousand Souldiers and Inhabitants to settle the Country Cosin I desire you 'l direct the Bearer to Mr. Pains with a Letter he has for him And likewise I desire you to go to my Cosin and give my kind Love to him the rest of his good Family I suppose the Pacquet of Letters as touching this Matter wholly is directed to Mr. Smith which meeting with him will give you the full at large My kind Love to my Cosin George and your Wife This being all at present Your loving Cosin to command during Life These For Mr. Will. Spike Living at Colledg-Green in the old Parliament-house Dublin Mary Smith Et ulterius Jurator ' proedict ' super Sacrament ' suum proedict ' dicunt proesent ' quod idem Dionisius Connor sciens eandem Epistolam sive Chartam fore falsam malitiosam seditiosam postea scilicet eodem vicessimo die Januarii Anno Regni dict' Domini Regis quint ' supradict ' apud Castrum Dublin ' in Com' Dublin ' proedict ' seditiosam malitiosam Epistolam sive Chartam proedict ' publicavit publicari fecit contra debit ' ligeantiam suam in malum exemplum aliorum in tali casu delinquentium contra pacem dicti Domini Regis nunc coronam dignitatem suam c. Copia vera Examnat per F. Nugent No. 36. Capt. Browns Acknowledgment That he Perjured himself Whereas I John Brown Gent. Did on or about the last day of December last come before the Right Honourable the Lord Chief Justice Riverstown L d Ch. Justice of all Ireland and did in an Examination taken before him upon Oath accuse Edward Brock of the City of Dublin for speaking and uttering several Seditious Words reflecting on His Majesty and the Government Now I the said John Brown do hereby Acknowledg and Declare That I did very much Wrong and Abuse the said Edward Brock in the said matter he never having uttered or spoke any such or the like Words wherewith I accused him before the said Lord Chief Justice As Witness my Hand this Third day of February 1689. Witness present The Words upon Oath being first Interlined John Brown Fra. Rica Ja. Somervill No. 29. Advertisement as it was published by Mr. Yalden in his Weekly Abhorrence concerning Dr. King and Dr. Foy THERE was lately published by John Yalden Esq the substance of Fifteen Sermons Entituled An Abhorrence from the Bishop of Ely c. of the proceedings of the Prince of Orange and the Lords c. that Invited Him But some Protestants believing the said Book to be a Popish contrivance and that such Doctrines as were therein were never Preached by the Divines there named Upon which a Gentleman of Quality to satisfie these Doubts applyed himself to two Reverend Divines of this City viz. Dr. King and Dr. Foy who both certified under their hands that the Doctrines contained in the said Book were honest and true Christian Divinity and obliging to all Christians to put immediately in practice upon the peril of their Salvation Which Certificate satisfied several Protestants here and confirmed them in an unchangeable Loyalty March 8th 1689. Reverend Sir I Intended to have waited on you this Afternoon but found my self so Indisposed that I durst not venture abroad I have been made sensible That the Publisher of the Weekly Abhorrence has made use of your Name and Mine And Affirms That WE have Certified under our Hands That the Doctrines contained in a Book published by one John Yalden Esq containing a Collection of the Substance of Fifteen Sermons were honest and true Christian Divinity and Obliging to all Christians to put immediately in Practice upon the Peril of their Salvation And he intimates that this Certificate has been shewn to several Protestants here Sir For my own part I do profess that I never Read the aforesaid Book nor did any Gentleman of Quality as he affirms ever apply himself to me to satisfie him in any doubts concerning it that I remember I am sure never any
of their Parliament destroyed this Jurisdiction by exempting all that please to be Dissenters p. 203 3. In most Diocesses the Bishops Dead or Attainted ibid. 4. They encouraged the most Refractory Dissenters Quakers against the Church p. 204 5. Likewise leud and debauched Converts ibid. 6. The Kings Courts hindred Bishops Proceedings against debauched Clergymen Instance in Ross and the Bishop of Killmore ibid. 7. King James appointed Chancellors Gordon a Papist in Dublin King James asserted a Power over his Protestant though not over his Roman Catholick Clergy A gross breach of Trust and provoking Temptation to his People p. 205 206 8. Papists encouraged Debauchery and had rather have us of no Religion than Protestants p. 206 Sect. 18. Fourthly By taking away their Churches p. 208 1. Priests declared they would have our Churches Act of their Parliament gave them to them with the Livings as they fell ibid. 2. At Duke Schonberg's landing they set the Rabble to deface them Instance in Trim and other Rudenesses p. 209 3. The Churches seized in Dublin Feb. 24. 1688. to put Arms in September 6. 1689. to search for Arms. Barbarities used in them In October and November the Churches seized throughout the Kingdom ibid. 4. By the Officers or Magistrates of the Army Christ Church Dublin seized p. 210 5. Protestants Complain and press to King James the Act for Liberty of Conscience Are referred by him to the Law ibid. 6. The injustice of this p. 211 7. For a colour to England and Scotland King James issues a Proclamation against seizing Churches which served only to hasten the doing of it ibid. 8. Priests slighted the Proclamation p. 212 9. Applications made to the King for Relief ibid. 10. On behalf of Waterford and Wexford King James Orders Restitution but is refused to be obeyed by the Mayors and Officers ibid. 11. On new Applications from the Protestants he refers Waterford Petition to the Earl of Tyrone Governor of Waterford who calls their Church a place of strength and turns it into a Garrison The Mayor of Wexford turned out but the Church never restored p. 213 12. When King James would have kept his word to us it was not in his Power by means of his Clergy ibid. 13. Act for Liberty of Conscience provides not against Disturbers of Assemblies p. 214 14. Many Disorders committed by their Soldiers in our Churches ibid. 15. Christ Church Dublin shut up September 6. Seized October 27. September 13. all Protestants are forbid to assemble July 13. 1689. all Protestants confined to their Parishes though two or three Parishes have but one Church June 30. more than five Protestants forbid to meet on pain of Death Had King James succeeded at the Boyne we should never have had our Churches again Liberty of Conscience brought to this p. 215 216 Sect. 19. Fifthly By encouraging Converts and ill Treatment of the Protestant Clergy p. 216 1. Protestant Wives severely treated by their Husbands Servants by their Masters Tenants by their Landords ibid. 2. Those that turned escaped Robberies c. p. 217 3. Protestant Clergy sure to be Plundered Bishops of Laughlin and Waterford ibid. 4. Without Horses in the Country and afronted in the Streets of Dublin p. 218 5. Dr. Foy's Treatment for resuting Mr. Hall Dr. King 's in his own Church Mr. Knight's by the Mayor of Scarborough c. ibid. 6. Oaths tendered them and upon their refusal imprisoned Hindred from visiting their Sick by Priests p. 219 7. Forced the Ministers to go about to take the number of their Parishoners p. 220 Sect. 20. Sixthly By Misrepresentations of them and their Principles p. 221 1 2. Priests told ignorant People that our Church allowed the King might oblige all his Subjects to be of his Faith ibid. 3. From the Doctrine of Non-Resistance they told us the King might use us as the Grand Seignior or the French King does his Subjects ibid. 4. King James warned the young Mr. Cecills against our Bishops as ill Men and all false to him p. 222 5. Yalden's weekly Abhorrences Scandalous falshood of Dr. King and Dr. Foy ibid. 6. Defence upon the whole of desiring and promoting King William to rescue us p. 224 7. From the lawfulness of the Grecians to desire or accept the like from a Christian Army ibid. Chap. IV. That there remained no prospect of Deliverance for us but from their present Majesties p. 225 1. There remained no defence for us from the Laws or King James ibid. 2. Unreasonable to trust to a new Miracle ibid. 3. Our Adversaries scoft us with Preaching Patience as Julian did the Christians ibid. 4 Mad at their Prey being rescued by his present Majesty p. 226 CHAP. V. A short Account of those Protestants who left the Kingdom and of those that stayed 228 Sect. 1. Concerning those who went away ibid. 1. Reason of this Section ibid. 2. No Law against Subjects Transporting themselves into the English Dominions ibid. 3. The Danger of staying and no prospect of doing good by their stay in Ireland 229 4. No prospect of being able to subsist in Ireland ibid. 5. The Reason of Clergy Mens going 230 6. The going away of so many of all sorts could not be without sufficient cause p. 231 7. Nor from a sudden and panick fear because it continued to the last p. 232 Sect. 2. Concerning those that stayed p. 233 1. Distribution of those that stayed into four sorts ibid. 2. First The meaner People either could not get away or were left in charge with the Concerns of those that went ibid. 3. Secondly The Gentlemen dreaded to beg or starve in England ibid. 4. Were willing to secure what they had if they could p. 234 5. Were desirous to Protect their poor Dependants ibid. 6. Were useful in interceding for and relieving many Distrest p. 235 7. In Counselling and advising inferior Protestants ibid. 8. Thirdly Those that had Employments their stay of great importance in preserving Records c. p. 236 9. Not safe for them to decline Acting till they were forced p. 237 10. In many Cases they were very beneficial to their Fellow Protestants ibid. 11. The few that did otherwise ought to suffer ibid. 12. Fourthly The Clergy need no Apology for staying Their Serviceableness in several instances p. 238 Conclusion 1. DIsclaiming Prejudice and Partiality p. 239 2. It were to be wished that Commissions might issue to enquire into the Damages of Protestants ibid. 3. The Irish may blame themselves for what they shall suffer in Consequence of these Troubles ibid. Index of the Appendix THE Act of Attainder in Ireland at large p. 241 The Persuasions and Suggestions the Irish Catholicks make to his Majesty supposed to be drawn up by Talbot Titular Archbishop of Dublin and found in Collonel Talbot's House July 1. 1671. p. 298 A Copy of a Letter of the Irish Clergy to King James in favour of the Earl of Tirconnell found amongst Bishop Tirrell's Papers in Dublin p. 301 The Copy