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
at all at least without any given in their Warrants it was time enough to invent some against the next Assizes There never wanted Evidence enough to accuse a Man the very Priests being forward to encourage such Perjuries as were to the prejudice of Protestants Of this there are several Instances on Record in the Courts of Justice where we find them sometimes swearing Falshoods themselves and sometimes encouraging others to do it Of which the Courts even in spite of all their partiality were satisfied I gave one Example before in Sir William Petty's Case There is another of Mr. Balfours in the County of Fermanagh where the false Affidavit of one Hultaghan a Priest had almost destroyed his Cause and lost him a considerable Estate 2. Upon this account Perjuries became so common that if a Tenant owed his Protestant Landlord his Rent he payed him by swearing him into a Plot or by fixing on him some Treasonable or Seditious Words If a Papist had any former Quarrel with his Protestant Neigbor or owed him Money he paid him in the same Coin Many were indicted by these Contrivances many found guilty and excessively fin'd some were imprisoned for their Fines not being able to satisfie the King who seised both their Bodies and Estates Hardly any County in Ireland was free from numerous Indictments of this kind and very few Country Gentlemen escaped being accused Great numbers were indicted and found guilty in the Counties of Wexford and Wicklow to the number at least of sixty the most considerable Gentlemen in the County of Meath were indicted but had better luck the Perjury of their Accusers being made so manifest that even a Popish Bench had not the confidence to countenance it nor a Popish Jury to find it Thus Mr. Meredith Mr. Parry Mr. Chetwin a Minister and several others escaped having discovered the very bottom of a wicked Contrivance to carry on a Trade of Swearing against all the Gentlemen in the Country but though they discovered it yet they durst not prosecute it by reason of some Priests being concerned in it and of the Discountenance of the Courts a great many in the County of Tipperary were likewise brought into Trouble but escaped the first time by a kind of Miracle one of the Jurors was so maliciously bent against them that he swore he would die before he would acquit them It happened to him according to his own desire he fell dead in the place whilst they were disputing about returning the Verdict which saved the Gentlemen for that time Yet this did not discourage their Prosecutors they caused them to be indicted anew and upon their second Tryal Justin Macarty afterwards made Lord Mountcashell by King James came into the Court threatened and hectored Sir John Mead who then sate as Judge for the Duke of Ormond it being within his Graces Palatinate because he would not direct the Jury to find them guilty but Sir John stood his Ground and declared that there was no sufficient Evidence against them upon which they were acquitted It vexed them that they could not bring their Popish Judges and Sheriffs into that County as they did into the rest of Ireland by reason that the nomination of them was in his Grace as Lord of the Regalities and therefore in their pretended Parliament they not only Attainted him but likewise by a particular Act dissolved his Principality Their First Plot against the Gentlemen of the County having miscarried they began a second and got Depositions against several but they were as unlucky in this as in the first They laid the Scheme of their Affairs so unskilfully that the Witnesses swore that the Gentlemen met to carry on their Plot at Nenagh a place above sixty Miles from Dublin on the same day that some of them had been examined before the Council Board on the first Informations This appearing to the Council by an entry made in their own Books quashed the Design against them and saved them a third time It would make a Volume to enumerate all the Particulars of this Nature 3. The new Mayors and Justices of the Peace were no less troublesome to Protestants in their Employments they made no scruple to send their Tokens and Warrants for Persons of the best Quality And wherever a Papist and Protestant had any difference there needed no more but a complaint to procure a Committal and to be sure it was done with all the indignity and affronting Circumstances imaginable Sir Thomas Hackett whilst Lord Mayor of Dublin did so many brutish and barbarous things of this nature that it were endless to recount them taking example from the Lord Tyrconnel who made him Mayor he treated every body with Oaths Curses ill Names and barbarous Language The Lord Primate Boyles Family could not escape his Warrants he or his Clerk as he afterwards pretended sent one for Mr. Francis Cuff and Mr. Jephson who lived in my Lords Family being his Son in Law and Nephew their Crime was refusing to Contribute to the maintenance of two begging Fryars one of them was one Magee a Debauchee and Renegado who had the impudence to have demanded it from my Lord Primate if he had been permitted access The Fryars vexed that they should be repulsed procured a Warrant for the two Gentlemen that refused them and attempted the Execution of it in my Lord Primates House with a Rabble of near two hundred Sir Thomas was not content to Execute his Authority within his own Precincts but extended it where the Mayors Power was never owned He sent his Warrant and committed the Officers of Christs Church Dublin to the Stocks because he fancied they did not make the Bells ring merrily enough for the Birth of the Prince of Wales It was in vain for the Officers to tell him that their Church and Persons were not subject to his Jurisdiction that if the Bells did not ring merrily enough as he alledged it was the Ringers fault not theirs That no body besides his Lordship could observe any such thing in their Ringing His brutish Passion would not give him leave to hearken to Reason but upon all occasions he proceeded in the same method which made every body that valued his Liberty get out of his Power and prevailed with a great many to leave their Estates and Concerns and Transport themselves and what Effects they could carry with them into England It was unsafe and uneasie living both in the City and in the Country and he reckoned himself happy that could get out of them at any rate 4. But when the Descent was made by his present Majesty into England things grew yet more troublesome The Protestants were every where Robbed and Plundered The new Commissioned Officers and their Souldiers under the new name of Rapperies committed many Outrages and Devastations on their Protestant Neighbours insomuch that they could not be safe in their Houses If any endeavoured to keep their Houses though merely to secure themselves from the
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
the assistance of so wise a Council will disperse I must needs say both from my own Observation and the Information I have had from my Lords the Judges who often visit the whole Kingdom that there is a great readiness and willingness in all People to serve and obey the King I must here a little enlarge to your Excellency because I reckon my self bound to give the King an account of his Subjects and I would not willingly say any thing when I am at such a distance which I have not mentioned here The English in this Country have been aspersed with the Character of being generally Fanaticks which is a great Injury to them I must do them the justice to say that they are of the Church of England as appears by their Actions as well as Professions The Churches here are as much frequented and the Discipline of the Church as well observed as in England it self which is to be attributed to the Piety and Labour of my Lords the Bishops We of the Church of England can brag that when Rebellion overspread the three Kingdoms not one Orthodox Member of our Church was engaged against the Crown And in our late Disorders we can boast we were Opposers of the Bills of Exclusion and the Sense his Majesty has been graciously pleas'd to express of our Loyalty will never be forgotten by us I had the happiness to be born a Member of the Church of England and I hope God will give me the Grace to die one One thing the English of this Country have to glory in That of all his Majesty's Subjects they made the earliest Advances towards his Majesty's Restoration when the three Kingdoms were governed by Usurpers And after all the Endeavours of his Loyal Subjects in England seemed to be disappointed and there appeared no Hopes by the total defeating of Sir G. Booth the English then in this Kingdom offered to submit to his Majesty's Authority I do not say this my Lord to detract from his Majesty's R. C. Loyal Subjects many of whom I my self knew serv'd and suffered with him abroad but I speak it in justice to the others who did their Duty There is but one thing more I shall trouble your Excellency with I am sorry that I cannot say that I leave a full Treasure but I can say that I leave no Debts The Revenue is in good Order which must be owned to be due to the unwearied Industry and Diligence of the Commissioners The Army is intirely paid to Christmass day last and I have advanced a Month's Subsistence-money for January The Civil and Pensionary Lists are likewise cleared to Christmass I doubt not but your Excellency's Care will carry all things on in the same Method God Almighty bless the King and grant him long Life and I beseech God to prosper this excellent Country I received this Sword in Peace and I thank God by the King's Command I deliver it in Peace to your Excellency and I heartily wish you Joy of the Honour the King has done you A General Abstract of the Gross Produce of his Majesty's Revenue in Ireland in the three first Years of the Management beginning at Christmass 1682. ending Christmass 1685.  1683 1684 1685. Customs Inwards Impt. Excise 85844 17 2â…œ 91424 8 8â— â— 91117 13 65 â— Customs Outwards 32092 11 4½ 33425 15 2 29428 8 11½ Seizures and Fines 965 2 3½ 615 1 5â— â— 460 11 5¼ Prizage 1452 1693 1882 Inland Excise 68344 1 3â…œ 77580 3 7¼ 79169 4 4¾ Ale Licenses 8283 14 11â— 4 9538 4 46 8 99â—5 14 11â— â— Wine c. Licenses 2736 12 3114 10 2â— 2 3467 11 3¾ Quit Crown and Custodiam Rents 68699 9 7â…œ 68385 8 0¼ 68922 4 5â— 2 Hearth-Money 31041 31646 32953 12 00 Casual Revenue 820 3 3 1745 16 2 1564 16 11¼ Totals l. 300297 11 11â— 4 319168 7 9 318961 18 0â— 8 Arrears of each of the above-Years remaining uncollected at Christmass 1685. 7659 1 6â…œ 9799 9 8½ 34971 9 3â…ž Net Cash paid into the Treasury in the three Years above-mention'd over and besides the Charges of Management and Sallaries to the Officers of the Revenue in the said time 712972 17 2â…œ Cash remaining in the Collectors Hands at Christmass 1685 ready to be paid in 55655 10 3½ The Solvent Part of the above-mention'd Arrears which was actually levied and paid into the Treasury before Christmass 1688. 30000 00 00 Total Cash l. 798628 07 5â…ž Which at a Medium for three Years amounts for each Year to the Sum of 266209 00 00 Sheriffs for the Year 1687. Febr. 16. 1686. Counties Sheriffs Ardmagh Marcus Clarke Antrim Cormuck O. Neil Cavan Lucas Reily Clare John Mac. Nemara of Cratelagâ— Corke Nicholas Brown of Bantrey Catherlogh Sir Lawrence Esmond Dublin Thomas Warren Downe Valentine Russell Donnegall Charles Hamilton Fermanagh Cohonnagh Mac-Gwire Galway John Keâ—â— Esq Kildare John Wogan King's County Hewar Oxburgh Kilkenny John Grace Esq Kerry Donogh Mac-Gellicuddy Leitrim Alexander Mac-Donnel Lowth Patrick Bellew Limerick Edward Rice of Ballynitty Longford James Nugent Esq Meath Walter Nangle Esq Monoghan Sir John Flemming Mayo Dominick Browne Queen's County Edmond Morris Esq Roscomon John Dillon Esq Sligoe Henry Crafton of Longford Tyrone Terence Donelly Wexford Patrick Colclough Westmeath Thomas Nugent Wicklow Francis Meara Waterford John Nugent Londonderry Elected by the Charter Cipperary Appointed by the Duke of Ormond John Plunkett Lessee of Christ. Lord Baron of Dunsany Plantiff Philip Tuite and John Rawlins Defendants Sir Edward Tyrrell's Affidavit about packing of Juries WHereas there issued two several Venire Faciases at the Plantiff's Suit returnable to his Majesty's Court of Exchequer directed to Edward Tyrrell Esq then High Sheriff of the County of Meath the first Year of his now Majesty's Reign Now Sir Edward Tyrrell Baronet came this day before me and made Oath That one Mr. Plunket Brother to the said Lord of Dunsany came to Longwood to this Deponent's House and desired this Deponent to stand the Lord Dunsany's Friend and to give him a Jury that would do him Right and withal said this Deponent should have after the said Lord of Dunsany should be restored to the Possession of his Estate the sum of three or four hundred Pounds To which this Deponent answered He would do him Justice The said Mr. Plunket desired this Deponent to meet him at Mr. Nugent his Counsel's House where he would further discourse the Matter This Deponent did accordingly meet the said Thomas Plunket where several Proposals and Overtures were made all to no purpose This Deponent further deposeth That in some short time after the said Lord of Dunsany came to this Deponent's said House and after some Discourse he the said Dunsany desired this Deponent to befriend him against those that wronged him and kept him out of his Estate Whereupon this Deponent told the said Lord of Dunsany what offer his Brother made him The said Lord of Dunsany replying said His Brothers
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-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
Major Sir Michael Creagh Coll. John Power Lieu. Coll. Theobald Bourk Major Hâ—yward Oxbrough Coll. Edward Scot Lieu. Coll. Laurence Delahunty Major Dom. Browne Coll. ....... Lieu. Coll. Le Sir Mountyouge Major Owen Mac Carty Coll. James Dupuy Lieu. Coll. Terence O Brien Major John Barret Coll. Donogh Mac Callaghane L. Coll. ....... Major Charles O Brien Coll. ........ Lieu. Coll. William Saxby Major Daniel O Donnovane Coll. Fran. Napper Lieu. Coll. Sir Alphon. Mottit Major Lord Ireagh Coll. Brien Magennis 1st L. Coll. Francis Wahup 2d L. Coll. ........ Major Roger Mac Elligot Coll. Maurice Hussy Lieu. Coll. Edmund Fitz-gerald Major Edmund Reyley Coll. ......... Lieu. Coll. ........ Major Cuconnogh Mac Gwyre Coll. Alex. Mac Gwyre Lieu. Coll. Cornelius Mac Gwyre Major Walter Bourk Coll. ............ Lieu. Coll. ............ Major Felix O Neile Coll. ..... O Neile Lieu Coll. ........... Major Hugh Mac Mahon Coll. Owen Mac Mahon Lieu. Coll. Christopher Plunket Major Lord Inniskillin Coll. ............. Lieu. Coll. ............ Major Dennis Mac Gillicuddy Coll. ............ Lieu. Coll. ........... Major James Purcell Coll. ........... Lieu. Coll. ........... Major Lord Hunsdon Coll. Rob. Ingram 1st Lieu. Coll. John Gifford 2d Lieu. Coll. Francis Gyles Major Regiments sent to France viz. Collonels Lord Mounteashell Daniel O Bryen Richard Butler Robert Fielding N o 12. A Copy of the Letter dispers'd about the Massacre said to be design'd on the 9th of December 1688. Good my Lord December 3d. 1688. I Have written to let you know That all our Irishmen through Ireland are sworn that on the 9th Day of this Month being Sunday next they are to fall on to kill and murder Man Wife and Child and to spare none and I do desire your Lordship to take care of your self and all others that are adjudged by our Men to be Heads for whoever of them can kill any of you is to have a Captain 's Place So my Desire to your Honour is to look to your self and to give other Noblemen warning and go not out at Night or Day without a good Guard with you and let no Irishman come near you whatever he be This is all from him who is your Friend and Father's Friend and will be though I dare not be known as yet for fear of my Life Direct this with Care and Haste to my Lord Mountgomery N o 13. Lord Mountjoy's Circular Letter on his going to France Gentlemen Dublin 10th January 1688. YOU had an Account how long I staid on the Way after I left you and the Reasons which made me since go forwards And whatever any Jealousies were at my first Arrival I am now satisfied at my coming and with God's Blessing I hope it will come to good to us all As soon as I saw my Lord Deputy he told me he designed to send me to the King jointly with my Lord Chief Baron Rice to lay before him the State of the Kingdom and to tell him That if he pleased he could Ruine it for him and make it a heap of Rubbish but it was impossible to preserve it and make it of use to him and therefore to desire leave to treat for it The Objections I made to this were Two My being not so well qualified as a Northern Roman Catholick whom in all likelyhood the King would sooner give Credit to And the improbability of being able to perswade the King who is now in the French Hands to a Thing so plainly against their Interest To the First of these I was answered what is not fit for me to repeat and the other is so well answered that all the most knowing Englishmen are satisfied with me and have desired me to undertake this Matter which I have done this Afternoon my Lord Deputy having first promised me on his Word and Honour to perform the Four Particulars in the within Paper Now because a Thing of this Nature cannot be done without being Censur'd by some who perhaps would be sorry to have their Wishes in quiet means and by others who think all that Statesmen do are Tricks and that there is no Sincerity amongst them I would have such to consider That it is more probable I and the most intelligent in this Place without whose Advice I do nothing should judge right of this than they who are at greater Distance and as it is not likely we should be Fooled so I hope they will not believe we design to betray them our selves and the Nation I am morally assured this must do our Work without Blood or the Misery of the Kingdom I am sure it is the Way proposed in England who depend so on it that no Forces are appointed to come hither and I am sure what I do is not only what will be approved of in England but what had its beginning from thence I do therefore conjure you to give your Friends and mine this Account and for the Love of God keep them from any Disorder or Mischief if any had such Design which I hope they had not and I am fully satisfied every Man will have his own Heart's Desire I will write to this Effect to some other Places and I desire you will let such in the Country as you think fit see this Let the People fall to their Labour and think themselves in less Danger than they believed c. N o 14. Judge Keating's Letter to Sir John Temple December 29th 1688. SIR I Had ere this acknowledged the Favour of your last and returned you my Thanks for your kind Advice relating to the small Concerns I had in England which I have now disposed of here but to deal freely with you the Distractions arising from the Great and Suddain Alterations in England and the pannick but I believe groundless Fears which hath possessed the Minds not only of the Weaker Sex and Sort but even of Men who would pass for Sober and Judicious hath render'd Matters with Us so uncertain that I profess seriously I know not what to write nor dare I yet give you any Account relating either to particular Persons or Places of the Kingdom scarcely of what I hear from the Remote Parts of this City since what we have at Night for certain Truth from those who pretend to be Eye or Ear Witnesses of what they relate we find before the next Days Exchange is over to be altogether False and Groundless The fear of a Massacre hath been mutual the Protestants remembring past Times and being alarm'd by a Letter neither directed to nor subscribed by any Person but drop'd at Cumber of which Copies were dispers'd throughout all Parts of the Kingdom were frighted to that degree that very many of them betook themselves to the Ards and other Places of Security in the North Some into Scotland and very many Families Embark'd from this Part for Chester Leverpoole Beaumaris and the next Adjacent Ports of England and Wales who you may easily conclude carried with them all the ready Money and Plate which they
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-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
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
p. 118 119 3. Protestants impoverished by vexatious Law Suits p. 119 4. By Delays and the Treachery of Popish Council p. 120 5. By defending their Charters and being forced to take out new ones ibid. 6. By free Quarters Inkeepers and Houskeepers ruined p. 121 7. By the burden of Priests and Fryars p. 122 Sect. 10. Thirdly King James's own Attempts on the same p. 123 1. Quartering on private Houses contrary to the Articles to Lord Mountjoy Most Soldiers had many Quarters Mischievous in their Quarters Instance in Brown who robbed his Landlord and swore Treason against him p. 123 124 2. Plundering and killing the Protestants Stock Vast numbers destroyed and stolen p. 125 3. Irish encouraged to do so no Redress upon Complaints p 126 4. Nugent avowed it Rapparees Necessary Evils Stop put to this Trade when they began to rob one another p. 127 Sect. 11. Fourthly King James's further Methods to compleat the ruin of the Protestants Personal Fortunes p. 128 1. Taking away Absentees Goods Bill for it in Parliament ibid. Methods to drain those that staid of their ready Mony p. 129 1. By Licences for Ships to go for England ibid. 2. By pretended Liberty of Transporting Goods p. 130 3. Licences for Persons to go for England ibid. 4. By Protections granted and voided ibid. 5. By seizing Mony and Plate upon Informations ibid. 6. Boiselot's Dragooning of Cork ibid. 7. Act for the Subsidy at 20000 l. per Month on Lands ibid. 2. Second Subsidy of 20000 l. per Month on Personal Estates ibid. Debates in Council about this and Manner of ordering it ibid. 3. Tax for the Militia p. 132 4. Tax for fortifying the Avenues of Dublin ibid. 5. Tax for quartering Soldiers call'd Bed-Mony p. 133 6. Brass Mony Illegal Void the necessity of Parliaments ibid. Of what Metal and how much coined viz. 965375 l. in one year p. 134 Forced to be taken in all Payments ibid. Fitton forced it on Trustees for Orphans p. 135 7. Lutterell forced it on pain of Death by the Provost-Martial ibid. On Smith Leeson Bennet Widow Chapman her barbarous usage ibid. Papists not forced to receive it from Protestants p 136 8. Seizing of Protestants Wooll Hides Tallow p. 137 Peircy to have bin hanged for saying he was not willing to part with them p. 138 Protestants not permitted to Export them Their Imports seized ibid. 9. Seizing of Corn and Mault The Treason of having Bisket Giles Meigh p. 139 Difficult for Protestants to get Corn or Bread this before Harvest would have forced out all their Silver ibid. 10. Seizing Wool as soon as shorn p. 140 Searching Houses for Copper and Brass for the Mint and taking private Accompts of what else the Protestants had in in their Houses ibid. 11. Lord Mayors rating of Merchant Goods Forced on the Protestants but disregarded by the Papists instance in the very Lord Mayor himself ibid. 12. Proclamation to Rate Silver and Gold in Exchange for Brass on pain of death p. 141 13. Inference from the whole ibid. Sect. 12. Fifthly King James's destruction of the Protestants Real Estates p. 142 1. Explication of old and new Interest and account of the Acts of Settlement and of the Tenure by which the Protestants held their Estates ibid. The Papists outed of their Estates by the late Rebellion still kept up a claim to them and made Jointures and Settlements of them which were confirmed in King James's Parliament p. 143 2. King James at his first coming to the Crown gave out he would preserve the Acts of Settlement Lord Clarendon Lord Chancellor Porter and the Judges in Circuit directed to declare it ibid. The Papists knew it was only colour p. 144 Nagle's Coventry Letter first openly broke the matter October 26. 1686. ibid. Tirconnell at his coming Governour leaves it out of the Proclamation ibid. Nugent and Rice sent to England to concert the methods of Repealing it but concealed for the present their success p. 145 At their return prepared for a Parliament ibid. For which Matters had been fitted by the Quo Warranto's and reversal of Outlawries against the Irish Peers ibid. 3. Papists had not patience to wait for their Estates till a Parliament but went to work by counterfeit Deeds and by old Injunctions of the Court of Claims p. 146 4. Matters ripe for a Parliament but put off till the Parliament which was to sit in England November 1688. should take off the Penal Laws c. p. 147 5. at King James's arrival in Ireland it was against his Interest to call a Parliament First because of loss of time the Kingdom not reduced ibid. 6. Secondly which was King James's Allegation for not calling one in England this reflected on his sincerity p. 148 7. Thirdly It was the way to disoblige all that were inclined to him in England and Scotland ibid. 8. Fourthly It disobliged a great many of the Irish themselves ibid. 9. Fifthly It rendered all not under his power desperate p. 149 10. Against all Reason and Interest he called one being resolved to Dye a Martyr or Establish Popery ibid. 11. This Parliament fitted for our ruin both in respect of the King and of both Houses ibid. 13. Method of filling the House of Lords with Popish Peers Only four or five Protestant Temporal and four Spiritual Lords ibid. Several Acts past not by consent of these last though it be pretended in their Preambles p. 150 14. House of Commons how filled Manner of Electing Members Only two Protestants that could be called such in it p. 151 15. The whole House a slave to the Kings Will. No Protestations allowed p. 153 16. How much Reason we as well as England had to dread Papists in a Parliament p. 154 17. First Account of the Act of Repeal ibid. Secondly Of the Act of Attainder p. 155 Thirdly Clause in it of holding Correspondence since Aug. 1. 1688. ibid. Fourthly Clause of cutting off Remainders p. 156 Fifthly No Protestant might hope to be reprized by the Act of Repeal ibid. Sixthly Clause in the Act of Attainder against the Kings Pardoning which was the Reason this Act was kept so secret Copy procured by Mr. Coghlan Upon account of Sir Thomas Southwell's Pardon Sollicited by Lord Seaforth King James in a Passion with Sir Richard Nagle for betraying his Prerogative by this Clause against Pardoning p. 157 158 159 18. Observations First King James could not dispense when the Irish pleased ibid. Secondly Near three thousand Protestants condemned for not coming in by a day and yet the Act never published but kept secret ibid. Thirdly Folly of attainted Persons to think of ever being Pardoned if King James be restored since it is not in his power p. 160 Fourthly Papists got into their Estates before the time set in the Act of Repeal ibid. 19. Means how the Papists got Possessions p. 161 First Popish Tenants attorn'd to their old Popish Landlords ibid. Secondly Advantages taken of Clauses in the Act of Repeal ibid.
further reserv'd to prove a Correspondence against the few Estated Men that were in the Kingdom Lastly It was the end of Sept. 1688. before we heard any thing of the Prince of Orange's design to make a Descent into England and yet to have been in England or Scotland any time in the Month before or to have corresponded with any there is made Forfeiture of Estate by the Letter of this Statute 4. Least the Children and Descendents of the Protestants thus attainted who had Estates before 1641. should come in and claim them after the Death of the attainted Persons by virtue of Settlements made on valuable Considerations and upon Marriages all such Remainders and Reversions are cut off for there is an express Exception to all Remainders on such as are commonly call'd Plantation-lands and likewise to such Lands c. as are held by Grants from the Crown or upon Grants by Commissioners upon defective Titles It were too tedious to explain these several kinds of Tenures it is sufficient to let the Reader know that they comprehend all those Estates which were acquir'd by Protestants before the year 1641. Thus then the case stood with the Protestants if they purchased or acquired their Estates since the year 1641. out of any of the Lands then forfeited they were to lose them whether Guilty or Innocent by the Act of Repeal if their Estates were such as belong'd to Protestants before 1641. and consequently were what we call Old Interest then to have been in England or Scotland or to have corresponded with any of their Friends there or in the North since August 1. 1688. was a Forfeiture of Estate and a Bar for their Remainders for ever tho the Heirs had done nothing to divest themselves of the Estates derived to them by legal Settlements on valuable Considerations And here the Partiality of this Parliament is visible for there is a saving in the Act for all such Remainders as they thought might relate to any Papist whereas all the Remainders in which they did imagine Protestants could be concern'd are bar'd 5. There is indeed a promise of reprizing Purchasers in the Act of Repeal which was put in to qualifie the manifest Injustice of it and to satisfie the Clamors of several amongst themselves who were to lose their Estates by it as having purchased new interested Land But least any Protestant who staid in the Kingdom should hope for Benefit by this Clause or be repriz'd for the Lands he had purchased perhaps from a Papist they contrive a Clause in the latter end of the Act Whereby the King is enabled to gratifie Meriting Persons and to order the Commissioners to set forth Reprizals and likewise to appoint and ascertain where and what Lands should be set out to them By which the Protestants were excluded from all hopes of Reprizals for to be sure where any of them put in for a piece of Land there would never want a Meriting Papist to put in for the same and when it was left intirely to K. James which he would prefer of those two let the World judge what hope any Protestant could have of a Reprizal Thus when Sir Thomas Newcomen put in Proposals for a Custodiam in order to a Reprizal Mr. Robert Longfield a Convert and Clerk of the Quit-rents and Absentees Goods is said to have put his own Name to Sir Thomas's Proposal and to have got the Custodiam for himself 6. Lastly Some might think that tho near 3000 Protestants were attainted and the Estates of all the rest in a manner vested in the King yet this was only done in terrorem and that K. James never meant to take the Forfeiture To this I answer That it was not left in his power to pardon any that was attainted or whose Estate was vested in him by this Act this was if we believe his Majesty more than he knew when he pass'd it and was one reason why the Act of Attainder was made so great a Secret that no Copy could be gotten of it by any Protestant till the Easter after it was pass'd and then it was gotten by a meer accident We had from the beginning labor'd to get it and offer'd largely for a Copy but could not by any means prevail Chancellor Fitton keeping the Rolls lock'd up in his Closet till at last a Gentleman procur'd it by a Stratagem which was thus Sir Thomas Southwell had been condemned for High-Treason against King James amongst other Gentlemen at Gallway in March 1688. and attainted in the Act of Attainder also he continued a Prisoner till my Lord Seaforth became acquainted with him my Lord undertook to reconcile him to the King and to get his Pardon K. James promis'd it on the Earl's Application and order was given to draw up a Warrant for it The Gentleman I mentioned being a Lawyer and an Acquaintance of Sir Thomas's was employ'd to draw it up he immediately apprehended this to be a good opportunity to get a Copy of the Act of Attainder which he had labor'd for in vain before and which was kept from us by so much Injustice He told the Earl therefore and Sir Thomas what was the real Truth that he could not draw up an effectual Pardon except he saw the Act that attainted him Hereupon the Earl obtain'd an express order from the King to have a Copy deliver'd to him Thus I believe was the only Copy taken of it after it was inrolled it was taken for the use of a Papist and was lent to the Earl who was permitted to shew it to his Lawyer and accordingly left it with him only for one day who immediately imploy'd several Persons to Copy it and the Copy was sent by the first Opportunity into England The List of the Names of those that were attainted had been obtained the January before with difficulty the Commissioners in the Custom-house who seiz'd Absentees Goods and set their Estates could not do their Work without such a List and that which was Printed in England with some of the Acts of our Irish Parliament was coppied from thence but the Act it self could not then be procured and therefore was not Printed with them When the Lawyer had drawn up the Warrant for Sir Thomas's Pardon with a full Non obstante to the Act of Attainder the Earl brought it to the Attorney General Sir Richard Nagle to have a Fiant drawn the Attorney read it and with Indignation threw it aside the Earl began to expostulate with him for using the King's Warrant at that rate The Attorney told him That the King did not know what he had done that he had attempted to do a thing that was not in his power to do that if the Earl understood our Laws or had seen the Act of Attainder he would be satisfied that the King could not dispense with it My Lord answered That he understood Sense and Reason and that he was not a Stranger to the Act of Attainder Sir Richard would
but by the legal course of Juries But King James and his Parliament intended to do the work of Protestants speedily and effectually and not to wait the slow methods of proceeding at the Common Law They resolv'd therefore on a Bill of Attainder and in order to it every Member of the House of Commons return'd the Names of such Protestant Gentlemen as liv'd near him or in the County or Burrough for which he serv'd and if he was a stranger to it he sent into the County or Place for information they were in great haste and many escaped them on the other hand some that were actually in King James's Service and fighting for him at Derry of which Cornet Edmund Keating Nephew to my Lord Chief Justice Keating was one were return'd as absent and attainted in the Act. When they had made a Collection of Names they cast them into several Forms and attainted them under several Qualifications and accordingly allow'd them time to come in and put themselves on Tryal the Qualifications and Numbers were as follow 1. Persons Attainted of Rebellion who had time given them till till the Tenth of August to surrender themselves and be tryed provided they were in the Kingdom and amenable to the Law at the time of making the Act otherwise were absolutely Attainted One Archbishop One Duke Fourteen Earls Seventeen Viscounts and one Viscountess Two Bishops Twelve Barons Twenty six Baronets Twenty two Knights Fifty six Clergymen Eleven hundred fifty three Esquires Gentlemen c. 2. Persons who were absentees before the Fifth of Novem. 1688 not returning according to the Proclamation of the Twenty fifth of March attainted if they do not appear by the First of September 1689. One Lord. Seven Knights Eight Clergymen Sixty five Esquires Gentlemen c. 3. Persons who were Absentees before the Fifth of November 1688. not returning according to the Proclamation of the Twenty fifth of March attainted if they do not appear by the First day of October 1689. One Archbishop One Earl One Viscount Five Bishops Seven Baronets Eight Knights Nineteen Clergymen Four hunder'd thirteen Esquires Gentlemen c. 4. Persons usually resident in England who are to signifie their Loyalty in case the King goes there the First of October 1689. and on His Majesties Certificate to the Chief Governour here they to be discharged otherwise to stand attainted One Earl Fifteen Viscounts and Lords Fourteen Knights Four hunder'd ninety two Esquires Gentlemen c. 5. Absentees by reason of sickness and noneage on proving their Loyalty before the last day of the first Term after their return to be acquitted and restor'd in the mean time their Estates Real and Personal are vested in His Majesty One Earl Seven Countesses One Viscountess Thirteen Ladies One Baronet Fifty nine Gentlemen and Gentlewomen 6. They vest all Lands c. belonging to Minors Ladies Gentlewomen in the King till they return and then upon Proof of their Loyalty and Faithfulness to King James they are allow'd to sue for their Estates before the Commissioners for executing the Acts of Repeal and Attainder if sitting or in the High Court of Chancery or Court of Exchequer and upon a Decree obtain'd for them there the Sheriffs are to put them in possession of so much as by the Decree of one of those Courts shall be adjudged them The Clauses in the Act are so many and so considerable that it never having been printed intire I thought it convenient to put it into the Appendix Perhaps it was never equall'd in any Nation since the time of the Proscription in Rome and not then neither for here is more than half as many Condemned in the small Kingdom of Ireland as was at that time proscribed in the greatest part of the then known World yet that was esteemed an unparallel'd Cruelty When Sir Richard Nagle Speaker of the House of Commons presented the Bill to King James for his Royal Assent he told him that many were attainted in that Act by the House of Commons upon such Evidence as fully satisfied the House the rest of them were attainted he said upon common Fame A Speech so very brutish that I can hardly perswade my self that I shall gain credit to the Relation but it is certainly true the Houses of Lords and Commons of their pretended Parliament are Witnesses of it and let the World judge what security Protestants could have of their Lives when so considerable a Lawyer as Sir Richard Nagle declares in so solemn an occasion and King James with his Parliament approves that common Fame is a sufficient Evidence to deprive without hearing so many of the Gentry Nobility and Clergy of their Lives and Fortunes without possibility of pardon and not not only cut off them but their Children and Posterity likewise By a particular Clause from advantages of which the former Laws of the Kingdom would not have deprived them though their Fathers had been found guilty of the worst of Treasons in particular Tryals 7. I shall only add a few Observations on this Act and leave the Reader to make others as he shall find occasion 1. Then this Act leaves no room for the King to pardon after the last day of November 1689. if the Pardon be not Enroll'd before that time the Act declares it absolutely void and null 2. The Act was conceal'd and no Protestant for any Money permitted to see it much less take a Copy of it till the time limited for Pardons was past at least Four Months So that the State of the Persons here attainted is desperate and irrecoverable except an Irish Popish Parliament will relieve them for King James took care to put it out of the power of any English Parliament as well as out of his own Power to help them by consenting to another Act of this pretended Parliament Intituled An Act declaring that the Parliaments of England cannot bind Ireland and against Writs of Errors and Repeals out of Ireland into England 3. It is observable with what hast and confusion this Act was drawn up and past perhaps no man ever heard of such a crude imperfect thing so ill digested and compos'd past on the World for a Law We find the same Person brought in under different Qualifications in one Place he is expresly allow'd till the First of October to come and submit to Tryalâ— and yet in another Place he is attainted if he do not come in by the First of September many are attainted by wrong Names many have their Christian Names left out and many whose Names and Sirnames are both put in are not distinguished by any Character whereby they may be known from others of the same Names 4. Many considerable Persons are left out which certainly had been put in if they could have gotten their Names which is a further proof of their hast and confusion in passing the Bill It is observable the Provost Fellowâ— and Scholars of the Colledge by Dublin are all omitted the Reason was
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
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.
beating and injuring Protestants ibid. 12. In disarming them p. 67 13. The Dispensing Power of more mischief still than ill Administration First Only to be allowed in Cases of Necessity ibid. 14. Secondly In such Cases the People have as much right to it as the King Instance in the Sheriff of Warwickshire from Dr. Sanderson p. 68 15. Thirdly The wickedness either in King or People in pretending Necessity where there is none p. 69 16. King James's employing Popish Officers was such a Dispensation ibid. 17. And no Necessity for it unless such as was Criminal p. 70 18. King James dispensed with all when it was against Protestants p. 71 Sect. 4. Thirdly King James's dealing with Civil Offices and the Privy Council p. 72 1. Several outed notwithstanding Patents ibid. 2. Act of Parliament for voyding Patents Irish hereby made Keepâ—rs of Records which before they had corrupted when they could get to them p. 73 3. Revenue Officers changed for Roman Catholicks though to the Prejudice of the Revenue p. 74 4. Sheriffs and Justices of Peace from the Scum of the People ibid. 5. Privy-Councellors all in effect Papists p. 76 Sect. 5. Fourthly King James's dealing with Corporations p. 77 1. The Peoples security in these Kingdoms is the choice of Representatives in Parliament To preserve this Papists excluded from Corporations in Ireland Protestants had made great Concessions to the King by their New Rules for Corporations The King not satisfied with this but would have all p. 77 78 2. Rice and Nagle's managing of Quo Warranto's a horrid Abuse of the Kings Prerogative and the Law p. 78 79 3. Other methods of destroying Charters p. 80 4. Particular Corporations in Dublin how ordered ibid. 5. Voyding Charters led to voyding Parents for Estates ibid. 6. Corporations by the New Charters made absolute Slaves to the Kings Will. First by Consequence no free Parliament could be Returned Secondly Protestants could not serve in the Corporations p. 80 81 7. Protestants hereby driven from the Kingdom ibid. Sect. 6. Fifthly King James's Destruction of the Trade p. 82 1. Trade to be destroyed that the King might have his Will of his Subjects Poor People willing to serve for little in an Army as in France ibid. 2. In order to ruin the Protestants who were the chief Traders Driven hereby out of the Kingdom p. 83 3. This ruined a great many that depended on them ibid. 4. The Irish in employ who had the ready Mony gave it only to Papist Tradesmen p. 84 5. Exactions of the Revenue-Officers great discouragement to Merchants and Traders p. 85 6. Protestant Shoopkeepers quitted for fear of being forced to Trust ibid. 7. Transportation of Wooll connived at by Lord Tirconnell to ruin our woollen Trade p. 86 8. Roman Catholick principal Traders ruined also by King James by the Act of Repeal p. 87 Sect. 7. Sixthly King James's Destruction of our Liberty p. 88 1. No general Pardon at King James's Accession to the Crown Protestants hereby questioned for things in the Popish Plot on false Evidences ibid. 2. Protestants sworn into Plots and seditious Words Instance 1. In County Meath 2. In County Tipperary p. 88 89 3. New Magistrates in Corporations plagued Protestants p. 90 4. New Levies and Rapparee's imprisoned those that resisted their Robberies Instance in Mr. Brice of Wicklow Maxwel and Levis Queens County Sir Laurence Parsons p. 91 5. General imprisonment of Protestants from Midsummer 1689. to Christmas No Habeas Corpus's allowed Protestants of Drogheda barbarously used at the Siege and of the County of Cork by imprisonments p. 92 93 6. Hard Usage of Protestants in Prisons Powder placed to blow them up Leak's Evidence against the Prisoners in Dublin defeated by an Accident p. 93 7. K. James aware of all the ill Treatment of Protestants informed at large by the Bishop of Limrick All Protestants confined by his Proclamation to their Parishes p. 94 8. Arts to conceal this in England Intollerable staying in Ireland Necessary to close in with King William p. 95 Sect. 8. Seventhly King James's destruction of our Estates 1. By disarming the Protestants by Lord Tirconnell p. 97 1. Government dissolved that does not preserve Property ibid. 2. The Irish very low at the Prince of Oranges's Invasion Would easily have been brought to submit Protestants able to have mastered them Lord Mountjoy opposed seizing Tirconnell p. 97 98 3. Protestants resolved not to be the Aggressors were inclined to submit to King James till they found his destructive designs Monsieur d' Avaux complained of the Measures put on King James by Tirconnell p. 98 99 4. Tirconnell's Arts and Lyes to gain time pretending to be ready to submit to King William till he form'd his new Levies Lord Chief Justice Keatings Letters and Observations on it p. 99 5. New Levies necessary to be subsisted on Plunder This gave credit to the Letter to Lord Mount Alexander Decemb. 6. 1688. p. 101 6. And made Derry shut its Gates against the Earl of Antrims Regiment p. 102 7. Obliged to do thus by their Foundation p. 103 8. Provoked to it by the unjust taking away their Charter p. 104 9. This made also the Enniskiliners refuse two Companies sent by Lord Tirconnell and the Northern Gentlemen to enter into an Association for their own defence ibid. 10. Lord Tirconnell hastened to run them into blood before King James's coming p. 106 11. Justification of their declaring for their present Majesties ibid. 12. Their defence of themselves of great benefit to the Protestant Cause and almost miraculous p. 107 13. Lord Tirconnell's Lyes and Wheedles to Lord Mountjoy to send him to France p. 109 14. Lord Mountjoy's Reasons to accept it Articles granted to him by Tirconnell for the Protestants not kept p. 110 15. Lord Tirconnell proceeds to disarm the Protestants Manner of doing it and taking away their Horses A perfect Dragooning p. 111 16. Proclamation issued after it had been done by verbal Orders p. 113 17. The Arms for the most part embezled by the Soldiers who took them This had like to have occasioned a worse Dragooning prevented by the Bishop of Meath p. 113 114 18. The manner of taking up and embezling Horses p. 114 19. Miserable condition of the Protestants being disarmed amongst their Irish Enemies Protestants had the highest Legal Property in their Arms. The Government by taking them away must design their ruin p. 115 20. No Reason for disarming us but to make us a Prey p. 116 21. It was necessary in King James's Circumstances but the Necessity occasioned by his own fault ibid. Sect. 9. Secondly Lord Tirconnell's Attempts on the Protestants Personal Fortunes p. 117 1. Which he destroyed by encouraging Popish Tenants against their Protestant Landlords and swearing them into Plots Gentlemen forced to live for some time before the Turn on their Stocks p. 117 118 2. Forced into England with little ready Mony Many burnt out of their Houses in the Country Many robbed and some murthered
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
Interest to it 4. And no wonder if it be true what is reported of him that he resolved to die a Martyr rather than not settle his Religion and that he had rather die the next day that Design being compassed than live fifty years without effecting it All which sufficiently explains that which seemed a Riddle to many how King James should be so very hard on his Protestant Subjects when his Interest required that he should treat them with all imaginable kindness especially in the present Circumstances of his Affairs whilst in Ireland The Reasons of his acting contrary to his Interest in so palpable an instance were either from the Persuasions of his ill Counsellors who assured him that they would so order the Matter that what he did in Ireland should not be heard of or not be believed in England or else from a settled Resolution not to mind any Interest which came in competition with his grand Designs of advancing Popery and the Slavery of the Nations To effect which it is manifest he was content to be a Vassal to France for whosoever calls in a potent Neighbour to his assistance must reckon that will be the consequence if he get the better by his Means of which the Irish themselves were sensible when they saw the French Succors landed and the Protestants could not but conclude that King James was so intent upon destroying them that so he compassed that Design he cared not if he enslaved himself and the Kingdoms 5. Nor had the Services of any towards him more influence on him than his own Interest Never had any Prince fairer Opportunities to distinguish his Friends from his Enemies than King James the struggle he had to get to the Crown was so long and the issue so doubtful that there was no Temptation for any one to dissemble his Thoughts towards him and never had Subjects a fairer opportunity to serve and merit from a Prince Now his Carriage to those that then proved his Friends who against their own Interest and against the Endeavours of the most powerful and most diffused Faction that ever appeared in a Kingdom set the Crown on his Head is a plain demonstration of what force Merit or Service were with him towards altering his private Designs No sooner did it appear that those who were against the Exclusion designed to preserve the Kingdom as well as the Succession but he abandoned them and not only laid them aside but further exposed them to the revenge of those very Men that they had provoked by espousing his Quarrel It is no news to any how King James cast off his fastest Friends when he saw that they would not proceed after his Measures to destroy the Liberty and Religion of their Country and took into his Bosom and Council those that had been his most bitter Enemies when he perceived that they would assist him in that Design Which is a plain demonstration that he had no regard to Services or Merit further than they tended to enslave the Nations and destroy the settled Religion But no Protestant that had any value for his God his Conscience or Country could pretend to this Merit and therefore in the King's Opinion he could do nothing that his Majesty would count a Service King James had no desire to be served by Protestants as was manifest by his turning many out for no other reason but because they would not change their Religion By preferring Papists to all Places of Trust and Profit tho not so deserving or well qualified for them as those that possessed them By his declaring that he would have all that did eat his Bread of his own Religion If therefore he employed any it was for a colour either to cover his Partiality or because he could not find a Papist fit for their Places or because he believed that in time he might gain them to be of his Religion or lastly because he had some odious Work to do which he thought he could the better excuse if he could get a Protestant to do it where these Reasons ceased he never employed any But it is observable where he did employ them tho their places were considerable yet they never had the Interest with him or power proper to their place but were mere Cyphers in it Thus he made Sir Edward Herbert Chancellor of England and caused a Seal to be cut for him but he never allowed him that Interest with him or had that regard for him in Councils that his place required The puny Papist Judges had more influence on the King and could make bolder with him than he he was not admitted to the Secret of Affairs at all and at the publick Councils he was set below Fitton Chancellor of Ireland and several others whom I am informed whilst employed as Chancellor of England and in his Masters presence he ought to have preceded But generally Protestants were only admitted to inferior places and for the most part with a Companion and they had only the Name their Companions must do all and they durst not contradict them and tho they were intitled to rise according as Vacancies fell yet some inconsiderable Papist was sure to get the start of them and to be put over their Heads so that it was never in their power to serve the King considerably or merit at his Hands If they did chance to do any thing signal yet their Enemies had so much the advantage of King James's Ear that they were sure to be misrepresented and what those said having the dead Weight of Religion to help it did generally with him outweigh the Protestants Service Of this Sir Charles Murry is an Instance he followed King James through France to Ireland and all along appeared zealous for his Service Yet because he professed himself a Protestant upon his landing at Kinsale some that had an ill will to him prevailed with the King to clap him up a Prisoner in the Fort of Kinsale where he lay without being able to learn any Reason for his Confinement from the twelfth of March 168â— â— till toward the end of the following Summer and then they had occasion for him to help to order their Camp and fortifie Ardee which procured him his Liberty tho he never could have the satisfaction to learn either his Crime or his Accuser My Lord Forbess Son to the Earl of Granard is another remarkable Instance When the pretended Parliament sate in Dublin both Houses were informed that my Lord Forbess adhered to King James's Interest in England and that he was a Prisoner in the Tower upon that account his Friends thought it proper to improve this occasion with the King and the Parliament to save my Lord's Estate at Mollingar which he holds under the Act of Settlement And this seemed the more feasible because the Lands did if not all yet for the most part formerly belong not to private persons but to a Corporation But all the Interest could be made did not
the common Offices of Humanity This Chancellor Fitton declared on the Bench This the King's Favourites and Attendants suggested publickly to him at his times of Eating at his Couchee and Levee and upon all occasions However it was it is evident by the effect that King James in great measure completed the Ruin of the Protestants and English Interest in this Kingdom which will plainly appear 1. In his dealing with the Army 2. With the Courts of Judicature 3. With the Privy Council and Offices 4. With Corporations 5. With Trade and the trading People of the Nation 6. With our Liberties 7. With our Fortunes 8. With the Lives of his Protestant Subjects And 9. With their Religion SECT II. I. King James's Dealing with the Army of Ireland in order to destroy the Protestants and English Interest 1. THE Army of Ireland which King James found at his coming to the Crown consisted of about seven thousand as Loyal Men and as Cordial to the King's Service as any could be both Officers and Soldiers had been inured to it for many years They looked on him as their Master and Father intirely depending on him and expecting nothing from any Body else When Monmouth's and Argile's Rebellion called for their assistance to suppress them no People in the World could shew more Chearfulness or Forwardness than they did and it is observable that no one Man in Ireland was ever found to be conscious or consenting to those Rebellions the Protestants of all sorts shewed great Horror and Detestation of them and were discernably melancholy till the Rebels were suppressed Most of the Officers of this Army had been so zealous to serve the King that they had by his permission and encouragement bought their Employments many of them had laid out their whole Fortunes and contracted Debts to purchase a Command yet no sooner was King James settled in his Throne but he began to turn out some of the Officers that had been most zealous for his Service and had deserved best of him merely because they had been counted firm to the Protestant Religion and English Interest The first who were made Examples to the rest were the Lord Shannon Captain Robert Fitz-Gerald Captain Richard Coote and Sir Oliver S. George The three first were Earls Sons who either in their own persons or by their Fathers and Relations had been signally active in restoring King Charles the Second and the Royal Family to their just Rights 1660 so had Sir Oliver S. George and they were all of them without any other Exception but their Zeal for their Religion and the English Interest in Ireland But the common Saying was that King James would regard no Man for any Service done to him his Father or Brother but only for future Service that he expected from them and since he could fot expect that these Gentlemen should assist him to destroy the Protestant Religion or the Liberties of his Subjects which was the Service he then expected he took their Troops from them and gave them to persons of mean or broken Fortunes who must do any thing to keep them some of them unqualified by Law It is fit their Names should be known that the Reader may the better observe what kind of Change the King began with when he substituted Captain Kerney if I remember right one of the Ruffians Captain Anderson a person of no Fortune Captain Sheldon a professed Papist and Captain Graham in the places of the Lord Shannon Captain Fitz-Gerald Captain Coote and Sir Oliver S. George 2. But to convince the World that no Consideration was to be had of Loyalty or Merit except a Man were a Papist The Duke of Ormond was sent for abruptly and devested of the Government with such Circumstances that did no ways correspond with the Service he had rendered the Crown in general and King James in particular Immediately the modelling of the Army was put into the Hands of Collonel Richard Talbott a person more hated than any other Man by the Protestants and who had been named by Oates in his Narrative for this very Employment When therefore the Protestants saw him put into it many who believed nothing of a Plot before gave credit now to his Narrative and the common Saying was that if Oates was an ill Evidence he was certainly a good Prophet Collonel Talbott afterwards Earl of Tyrconnell knew the Necessity of having the Army fitted to his purpose it being the Engine he depended on for destroying the Religion Liberty and Laws of the Kingdom and therefore set about it with all expedition and prosecuted it in such a manner as might be expected from a Man of his insolent temper He exercised at the same time so much Falshood and Barbarity that if the Army had not been the best principled with Loyalty and Obedience of any in the World they would have 〈◊〉 or at least dispatched him In the Morning he would take an Officer into his Closet and with all the Oaths Curses and Damnations that were never wanting to him he would profess Friendship and Kindness to him and promise him the continuance of his Commission and yet in the Afternoon cashier him with all the contempt he could heap on him nay perhaps while he was thus caressing him he had actually given away his Commission The Officers of Ireland then cashiered and their Acquaintance can vouch the truth of this in many instances As for the Soldiers and Troopers his way with them was to march them from their usual Quarters to some distant place where he thought they were least known where they would be put to greatest Hardships and there he stripped them the Foot of their Cloaths for which they had payed and the Troopers of their Horses Boots and Furniture bought with their own Money and set them to walk barefooted one hundred or one hundred and fifty Miles to their Homes or Friends if they had any Sometimes he would promise them something for their Horses but then he told them that they must come to Dublin for it if any came to demand the small pittance promised them for their Horses or Arrears of Pay he contrived it so that they should be obliged to wait till they had spent twice as much as they expected and most of them after all got nothing By this means two or three hundred Protestant Gentlemen who had laid out all or a good part of their Fortunes and contracted Debts on Commissions were not left worth any thing but were turned out without reason or any consideration and sive or six thousand Soldiers sent a begging a hardship perhaps never put on any Army before without any provocation against whom there was no other Exception but that they were English Men and Protestants and King James by substituting Irish Men and Papists in their places contrary to the Laws and to the very Design of keeping a standing Army in Ireland clearly demonstrated that he had no regard to the Laws or to the
Judicature in such a method as tended to destroy the Protestant English Interest of Ireland 1. THE support and happiness of a Kingdom consists chiefly in the equal and impartial Administration of Justice and that depends on the choice of fit and duly qualified Persons for filling the Courts and Executing the Laws but King James made choice of such Persons for these Offices as were so far from answering the intent of their Places that they made it their business to destroy the Protestant Interest and the Laws that preserve the Liberty of the Subject in general by those Laws no Man was capable of being a Judg who had not taken the Oath of Supremacy The Judges he found on the Bench had taken it but yet some of them were known to be rather too favourable to Papists and considering the influence King James had in his Brothers time in disposing of Offices it is not to be imagined that he would suffer any Man to sit as a Judge who had not been favourably represented unto him in that Point though we must own he was mistaken in some of them hence it came that Protestants did frequently complain of the Favour and Countenance their Adversaries found in the Courts of Justice even in King Charles II. time But when King James came to the Crown moderate nay favourable Judges would not do the Work he designed He found it necessary to Employ the most Zealous of his Party those who both by Interest and Inclination were most deeply ingaged to destroy the Protestant English Interest and accordingly such were picked out and set on all the Benches 2. The Chancery is the great and highest Court wherein the great Frauds and other matters belonging to Trusts and Equity are determined and neither the Lord Primate Boyle who had managed that Court about twenty years nor Sir Charles Porter who succeeded him could answer the Kings intention but Sir Alexander Fitton of whom I have already given some account a Person detected of Forgery not only at Westminster and Chester but likewise Fined by the House of Lords in Parliament must be brought out of Goal and set on the highest Court of the Kingdom to keep the Kings Conscience though he wanted Law and natural Capacity as well as Honesty and Courage to discharge such a Trust and had no other quality to recommend him besides his being a Convert Papist that is a Renegado to his Religion and his Country but the mystery of this was easily found out The Papists of Ireland had gone a great way to retrieve the Estates they had forfeited by the Rebellion 1641 by counterfeit Settlements Forgeries and Perjuries and to do their business in a great measure there needed no more than to find a Judg that would be favourable to and countenance such proceedings and where could they find a more favourable Judg than one who was notoriously involved in the same guilt and who probably in some Cases did not esteem such Arts unlawful but besides this there is requisite to a Chancellor a peculiar quickness of Parts and Dexterity to penetrate into the contrivances of Cheats and Forgeries for which Sir Alexander Fittons natural slowness and heaviness incapacitated him but this very defect together with his Zeal for Popery fitted him to execute the Kings design as effectually as any that could have been found He could not understand the merit of a Cause of any difficulty and therefore never failed to give Sentence according to his inclination having no other Rule to lead him and how he was inclined towards Protestants appeared from his Declarations on all occations against them he did not stick on a Hearing to declare that they were all Rogues and that amongst forty thousand there was not one who was not a Traitor a Rebel and a Villain for this Reason he would not allow the Guardianship of a Child to the Protestant Mother but gave it against the positive words of the Law to the Popish Relations for this Reason he refused to hear so much as a demurrer in the Popish Dean of Christs Church Mr. Staffords Case For this Cause he over-ruled both the common Rules of Practice of the Courts and the Laws of the Land declaring in open Court that the Chancery was above all Laws that no Law could bound his Conscience and he acted accordingly in many Cases where Protestants were concerned After hearing a Cause between one of them and a Papist he would often declare that he would consult a Divine before he gave a Decree that is he would have the Opinion of a Popish Priest his Chaplain Educated in Spain and furnished with Destinctions to satisfie his Conscience how far he should do Justice to Protestants many Papists came and made Affidavits of being in Possession when they never were and got Injunctions and Orders without any more ado to quiet their Possessions But a Protestant though never so palpably disturbed could not procure any Order but was sent to the Common-Law to recover his Possession by a Popish Jury returned by a Popish Sheriff before a Popish Judg that is he must expect Law from Judges and Officers that Sate and Acted in defiance of Law If at any time the Chancellor was forced to grant an Injunction or Decree it was with all the difficulties and delays that could be and often the thing was lost and destroyed before the Order came for recovering it 3. The Administration of Justice and Equity is the great end of Government and it is as good nay better to be without Governours than to have Governors under whom Men cannot reasonably hope for these We see from the choice of a Chancellor what care King Iames took for the Administration of Equity to Protestants To help the matter he added as Assistants to the Chancellor Mr. Stafford a Popish Priest for one Master of the Chancery and Felix ô Neal Son of Turlogh ô Neal the great Rebel in 1641 and Massacrer of the Protestants for another To these generally the Causes between Protestants and Papists were referred and upon their Report the Chancellor past his Orders and Decrees 4. The Courts of Common-Law were put into the same method and great care taken to fill them with Judges who might be ingaged in a profest enmity to the Protestant Interest In Ireland there are only three Judges on a Bench and it was thought fit for a colour till things were Riper to keep one Protestant on every Bench but whilst there were two Votes to one the Protestant Judg could neither do Right to Protestants or retard a Sentence to be given in the favour of a Papist This mock method of seeming to trust Protestants they took likewise in naming Burgesses and Aldermen for Corporations they generally put some few into their New Charters to serve for a pretence of impartiallity and yet to signifie nothing this Method of continuing some few Protestants in Courts and Corporations serving only to silence and exasperate us to be thus
of Money to compound the Matter This Trick was very common and at last no Protestant tho he had ever so good Evidence against a Papist durst prosecute him for he was sure to be acquitted and then the Prosecutor was liable to the Revenge of an Action of the Case and the Damages that a Popish Jury pleased to give against him 12. There is an Act of Parliament 10 Henrici 7. cap. 12. That forbids keeping Guns or Ordnance without License from the Lord Lieutenant or Deputy The Design of it was to prevent the Irish from fortifying themselves in their little Castles whereby at that time they created the Government great Trouble and raised daily Rebellions But the Lord Chief Justice Nugent interpreted this to the disarming of all Protestants and because there chanced to be a Sword and Case of Pistols found September 6 1689 in some outward by place in Christs Church Dublin one Wolf the Subverger was committed to Newgate indicted and found guilty and had good luck to escape with his Life the Chief Justice declaring it was Treason tho Wolf was only indicted for a Misdemeanour 13. But had the Laws been in never so good Hands it could not have secured us from Destruction when the King who designed that Destruction against us pretended to be above all Laws and made no Scruple to dispense with them every Law in these Kingdoms is really a Compact between the King and People wherein by mutual consent they agree on a Rule by which he is to govern and according to which they oblige themselves to pay him Obedience But there is no general Rule but in some Cases it may prove inconvenient it is therefore agreed by all that in Cases of sudden and unforeseen Necessity there is no Law but may be dispensed with but then first it is observable that this Necessity must be so visible and apparent that all reasonable Men may see and be satisfied that it is not pretended and where the Necessity has been thus real no Man can shew that either the People or Parliament ever quarrelled with a King for using a dispensing Power 14. Secondly It must be observed that this Power of Dispensing in Cases of Necessity is mutual and belongs to the People as well as the King it being as lawful for a Subject in Cases of Necessity to dispense with his Obedience to a Law nay with his Allegiance to his King as for a King to dispense with the Execution of a Law or the exacting Obedience and this mutual power of dispensing with the Laws which are publick Compacts in Cases of Necessity is tacitly understood in them as well as in all other Covenants Doctor Sanderson proves this Power of Dispensing to belong to the People as well as to the Prince in his tenth Praelection N. 21. and he gives an Example in N. 22. The Case is thus The Conspirators after the Gunpowder Treason was discovered fled into Warwickshire and made an Insurrection the Sheriff raises the Posse Comitatus against them they fled from thence into Worcestershire where by the Law the Sheriffs of Warwick could not follow them but the Sheriff dispensed with the Law Judging saith he as he ought to have done That if he would perform right the Office of a good Subject the Observation of the Law in that Case of Necessity was very unseasonable and he ought to obey the Supreme Law which is the Safety of his Country The Sheriff did accordingly and was highly commended by King James the First for it There might be many Examples of this kind given in which the People are allowed to dispense even with their Allegiance in case of Necessity It is against the Allegiance of a Subject to own the Power of an Usurper to bear Arms to judge of Life and Death or administer Justice between Man and Man by his Commission and yet Dr. Sanderson determines it to be the Duty of a good Man to do all these if required by an Usurper Praelect 5. N. 19. and accordingly we find Judge Hales acted under the worst of Usurpers Oliver Cromwell and executed the Office of a Judge as may be seen in his Life 15. Thirdly 'T is the most wicked as well as hazardous thing that a King or People can do to pretend a necessity for dispensing with those publick Compacts when the pretence is not real for the publick Faith is hereby violated the party unconsulted is abused a just reason of Distrust raised between the King and People and they of the two that assume to themselves this power of dispensing upon a pretended not real necessity in Cases of great Moment to the Kingdom are in a fair way to lay a real necessity on the other party to dispense with their part of the Compact that is to say if the King will pretend a Necessity where there is none for his not governing by Laws in Cases that concern the common safety of the Kingdom he gives a shrewd Temptation and a justifiable Colour to his People to dispense with their Submission and Allegiance to him And it is full as good a Reason for a Peoples taking Arms to defend themselves against illegal Violence to alledge that they were necessitated to do so to prevent the Ruin and Destruction of them and their Posterity as it is for a King to alledge that he uses illegal Officers and Force to preserve himself and his Kingdoms And if the Allegation be real I do not see why it should not justifie the one as well as the other tho the one be against the Oath of Allegiance and the other against the Coronation Oath Cases of extreme Necessity being tacitly excepted in both Kings therefore that take on themselves to dispense with Laws without the consent either tacit or express of their People give an ill Precedent against themselves and must blame themselves if their People taught by them return it upon them 16. 'T is plain the Officers employed by King James in Ireland both Civil and Military were unqualified and uncapable by Law of those Employments If Lord Tirconnell for instance claimed Subjection of us by the Laws I do not see why he should expect the People to be better Observers of the Laws than he was Suppose that it was against the Law for them to resist him it was likewise against the Laws that he should command them if he dispensed in one Case they only dispensed in the other and in this Case it was as lawful for the one to dispense as the other I suppose the only Reason in a settled Government why one Man can claim our Submission and not another is because the known Laws give the one and not another the power of commanding but the Laws as well as the Interest of this Kingdom said positively that the Earl of Tirconnell and Men of his Character and Religion should not have any Office Civil or Military and therefore those Protestants that stood on their Defence against him
for Three Months from the First of January a thing impossible without allowing them to Steal and Plunder It was this struck so much terror into Protestants and made them so jealous and apprehensive of Danger that they fled into England in great numbers especially when they found that the New Raised Men as they surmised began to make havock of all things It was this gave Credit to a Letter dated December the Third 1688 sent to the Lord Mount Alexander whether true or counterfeit I cannot determine intimating a design to Destroy the Protestants on Sunday the Ninth of the same Month which Letter was spread over the whole Kingdom The People of Derry had beside this several Letters and Intimations of Mischief designed against them and against the Protestants of Ireland And though that directed to the Lord Mount Alexander may not seem of great weight yet whoever considers the circumstances of the Protestants of Ireland at that time will acknowledge that it was not to be despised In the Year 1641 the Seizing of Dublin by the Lord Mac Guire was prevented by as improbable a discovery as this Letter while the Protestants in the rest of the Kingdom were Massacred through the incredulity of some who could not be perswaded to give ear to such intimations of the Design as were brought before them In England the Gun-powder Treason was revealed and the destruction of the Three Kingdoms prevented by a Letter as insignificant as that directed to the Lord Mount Alexander About the very time intimated in the Letter for the Massacre a new raised Regiment belonging to the Earl of Antrim appeared before the Town without the King's Livery without any Officers of Note or the least warning given by the Earl of their coming lastly without any Arms besides Skeans Clubs and such other Weapons as Kearnes and Tories used 6. The People of the Town were frightened at the Sight and refused them entrance into the City this was the First rub or provocation the Lord Deputy met with it was a meer accident and proceeded from his own Ignorance or Negligence who had left that Garrison the only one of any considerable strength in Ulster where most Protestants lived without one Soldier to Guard it and then sent such a pack of Ruffians to take Possession of it many of whose Captains and Officers were well known to the Citizens having lain long in their Jails for Thefts and Robberies When therefore such a Body of Men came to demand entrance at the very time that they expected a Massacre what could they imagin but that these Men came to execute it and who could blame them for shutting their Gates They were well assured that these were Men fit for such an Execution and that they were ready on command to do it and perhaps would not stay for an Order The Lord Deputy bethought himself too late of his Error but could never retrieve it though by means of the Lord Mountjoy he did all in it that was possible having brought the City to accept of a Pardon and receive a Garrison of Soldiers but then it was such a Garrison as they were able to Master and no more by the Articles were to be admitted into it before the ensuing March. 7. We ought to remember the reason of Building Londonderry and 't is plain from its Charter granted by King James the First that it was Founded to be a Shelter and Refuge for Protestants against the Insurrections and Massacres of the Natives who were known always to design and be ready to execute their malice on their Conquerors To keep them therefore in awe and secure the Plantation was the Design of Building the City it was upon this condition and by these Covenants the Proprietors of the City held their Estates and the Inhabitants had been false to the very design and end of their Foundation if they had given up the City with the keeping of which they were intrusted into the Hands of those very men against whom by the Charter it was designed to be a Security and Bulwark At this rate the Lord Deputy might give away any mans Estate and have bestowed it on his greatest Enemy and that with much less injury to the Publick The People therefore of Londonderry had good reason to refuse to deliver their City to the Kearnes and Tories of Ulster though inlisted under the Earl of Antrim by a Commission from a pretended Lord Deputy these were excluded by their very Charter and by the design of Building the Place from possessing it much less had they reason to deliver it to a parcel of men of whose Commission they knew nothing and whose Errand they had reason to believe was to cut their Throats 8. 'T is to be considered that Londonderry was under a further provocation to lay hold on the first opportunity to do themselves Justice and that was the wicked and illegal Invasion made on their Charter Liberties Priviledges and Estates by a most unjust and oppressive Sentence given by an unqualified Lord Chief Baron on a Quo Warranto for which there was not the least pretence in the World as may appear to any one that will be at the pains to view the Proceedings in Court By this Sentence grounded on a foolish nicety objected to the Plea the whole English Interest and Plantations in that County were ruined and the whole Designs of them destroyed and perverted and therefore it was not to be wondered if they took the first opportunity to save themselves from imminent Destruction They concluded that a Government who on a nicety could take away their Charter their Priviledges their Estates and subvert the design of Building their City might as easily and unavoidably find another nicety to take away what remained together with their Lives and therefore they cannot be much blamed if they had been under no other Temptation but this that they were willing to withdraw themselves from a Government whom they durst not trust and which took all advantages against them to destroy them 9. The shutting up of Derry against the Earl of Antrim's Regiment was all that was done by any Protestant in Ireland in opposition to the Government till King James deserted England except what was done at Enniskillin where the People were under the same circumstances with those of Derry having about the same time refused to quarter two Companies sent to them by the Lord Deputy They were not so much as summoned by him nor did they enter into any Act of Hostility or Association or offend any till assaulted being content to stand on their Guard against such as they knew to be Mortal Enemies to the English Interest to subdue whom they were planted in that wild and fast Country But as soon as the News of King James's deserting the Government came into Ireland all Protestants look'd on themselves as obliged to take care of their own Preservation and finding that continual Robberies and Plunderings were committed by such
as the Lord Deputy against the Laws of the Kingdom and the Interest of the Nation had intrusted with Arms and Employments and that no Care was taken by him to prevent those Mischiefs but on the contrary the Robbers were secretly cherished and encouraged the Gentlemen in the North to prevent their own Ruin and the Ruin of all the Protestants of Ireland which they saw unavoidable entred into Associations to defend themselves from these Robbers their Associations did really reach no farther than this nor did they attempt any thing upon the Armed Robbers except in their own Defence when invaded and assaulted by them Insomuch that I could never hear of one act of Hostility committed wherein they were not on the Defensive Their crime then if any was only this they were not willing to suffer themselves to be robb'd and plundered as their Neighbours were without opposition but disarmed some of those who under colour of being King James's Soldiers destroyed the Country This was all the reason the Lord Deputy and Council had to call them Rebels and to charge them in their Proclamation dated March the 7th 1688 with actual Rebellion and with Killing and Murdering several of his Majesties Subjects and with Pillaging and Plundering the Country whereas it was notorious they never killed any whom they did not find actually Robbing to kill whom the Laws of the Kingdom not only indemnified them but likewise assigned them a Reward and for Plundering it is no less notorious that they preserved the whole Country within their Associations from being Pillaged when all the rest of Ireland was destroyed And their great care of themselves and their Country was the Crime which truly provoked the Lord Deputy and made him except from Pardon Twelve of the principal Estated Men in the North when he sent down Lieutenant General Hamilton with an Army which he tells us in the same Proclamation would inevitably occasion the total ruin and destruction of the North. 10. And lest there should be any Terms proposed or accepted by the People in the North and so that Country escape being Plundered and Undone he made all the haste he could to involve the Kingdom in Blood King James was every day expected from France and landed at Kinsale March the 12th but no Perswasions would prevail with the Lord Deputy to defer sending the Army to the North till the King came though he had good assurance given him by several who knew their Minds and Tempers that in all probability if King James himself appeared amongst them and offered them Terms they would have complyed with him at least so far as to submit quietly to his Government But it was the Lord Deputy's design to destroy the Protestants there as well as in the rest of the Kingdom and therefore he hasted to make the Parties irreconcilable by engaging them in Blood and by letting loose the Army to Spoil and Plunder The War therefore was entirely imputable to him and the Protestants were forced into it having no other choice than either to be undone without offering to make any Defence for themselves or else with their Arms in their Hands to try what they could do in their own Preservation 11. But it must be considered that Ireland is a Kingdom dependent on the Crown of England and part of the Inheritance thereof and therefore must follow its fate which it cannot decline without most apparent ruin to the English Interest in it Now King James having abdicated the Government of England and others being actually possessed of the Throne it was the business of the Protestants of Ireland to preserve themselves rather than dispute the Titles of Princes they were sure it was their Interest and their Duty to be subject to the Crown of England but whether King James was rightly intitled to that Crown is not so easily determinable by the common People No wonder therefore they declared for King William and his Queen whom they found actually in the Throne of England and own'd as rightful Possessors by those who had best reason to know rather than for King James who indeed pretended to it but with this disadvantage amongst many others that he was out of Possession and he had not used the Power when he was in possession so well that they should be desirous to restore him to it with the danger of their own ruin 12. They considered further that their defending themselves and those Places of which they were possest would in all probability very much contribute to save not only themselves but likewise the Three Kingdoms and the Protestant Interest in Europe to which it did certainly in some Measure contribute King James and his Party believed it and declared themselves to this effect and some of them were very liberal of their Curses on the Rebels in the North as they called them for this reason had said they the Rebels in the North joined with King James he had such a Party in England and Scotland which together with the Succours he might then have sent from Ireland and the assistance of the French King would in all probability have shaken the Government of England before it had been settled but the opposition of Enniskillin and Derry lost the opportunity that will not easily be retrieved How far this Conjecture of theirs was probable I leave it to the Reader what has happened since shews that it was not altogether groundless if the Design had taken the condition of Europe especially of the Protestants had been most deplorable but it pleased God to spoil all their Measures by the opposition made by a small Town Mann'd with People before that time ofâ— no extraordinary Reputation in the World for Arms Valour or Estates and who perhaps had never before seen an Enemy in Arms King James was pleased to call them a Rabble but it must be remembred to their Honour that they outdid in Conduct Courage and Resolution all his Experienced Generals To a Man that seriously reflects on it the thing must almost seem miraculous all Circumstances considered the rest of the Kingdom except Enniskillin had yielded without a Blow most of the chief Officers Gentlemen and Persons of Note Courage or Interest in the North had deserted their new rais'd Troops without Fighting the Succours designed for them from England came at the very time when the Town was ready to be invested and the Officers that came with those Succors as well as their own Officers were of opinion that the Place was not to be defended that they had neither Provision nor Necessaries to hold out a Siege The Officers therefore privately took a resolution to return for England and carried along with them most of the Gentlemen and Leaders of the Town without leaving any Governor or Instructions for the People what they were to do and without offering to make any conditions for them but neither this nor their extream want of Provision to which they were at last reduced nor the
consideration of their Friends whom their Enemies treated barbarously in their sight could prevail with them to give up themselves or their cause but by patience and resolution they wearied out their Enemies and instead of letting them make approaches to their Walls they enlarged their Out-works upon them and made them confess after a Siege of Fifteen Weeks that if the Walls of Derry had been made of Canvas they could not have taken it The same may be said of the People of Enniskillin who lived in a wild Country and untenable place surrounded with Enemies on every side and removed from almost all possibility of Succour being in the heart of Ireland yet they chose to run all Hazards and Extremities rather than trust their Faithless Enemies or contribute to the ruin of the Protestant Interest by yielding After almost all their Gentry of Estates or Note had left them or refused to joyn heartily with them they formed themselves into Parties and though in a manner without Arms and Ammunition yet by meer Resolution and Courage they worsted several Parties of the Enemy and almost naked recovered Arms and Ammunition out of their Hands and signalized themselves in many Engagements by which they not only saved themselves but likewise did considerable Service to the Protestants that were under the Power of King James for this Handful of Men by their frequent Incursions and carrying off Prisoners in every Engagement terrified even the Papists of Dublin into better Humour and more moderate Proceedings as to the Lives of Protestants that lived amongst them than perhaps they would otherwise have been inclined to They saw from this that their Game was not so sure as they imagined and the Prisoners taken by those of Enniskillin were Hostages for their Friends that lived in Dublin and the Humanity with which the Prisoners were used there was a Reproach on the Barbarity exercised by the other Party In short it appeared that it was neither Malice nor Factiousness that engaged them in Arms but meer Self-preservation and the Obligation of their Tenures and Plantations by which they were bound to keep Arms and Defend themselves and their Country from the power of the Popish Natives which were then Armed against them 13. But to return to the Lord Deputy's Proceedings in his new Levies in order to gain time and delude the Protestants he sent for the Lord Mountjoy out of the North after he had compounded the business of Derry and perswaded him to go with Chief Baron Rice to King James into France to represent to him the weakness of the Kingdom and the necessity to yield to the Time and wait a better opportunity to serve himself of his Irish Subjects The Lord Tyrconnel swore most solemnly that he was in earnest in this Message and that he knew the Court of France would oppose it with all their Power for said he that Court minds nothing but their own Interest and they would not care if Ireland were sunk to the Pit of Hell they are his own Words so they could give the Prince of Orange but Three Months diversion but he added if the King be perswaded to ruin his fastest Friends to do himself no Service only to gratify France he is neither so Merciful nor so Wise as I believe him to be If he recover England Ireland will fall to him in course but he can never expect to Conquer England by Ireland if he attempts it he ruins Ireland to do himself no kindness but rather to exasperate England the more against him and make his Restoration impossible and he intimated that if the King would not do it he would look on his Refusal to be forced on him by those in whose power he was and that he would think himself obliged to do it without his Consent 14. Every body told the Lord Mountjoy that this was all sham and trick and that the design was only to amuse the Protestants and get him who was the likeliest Man to head them out of the way But his Answer was that his going into France could have no influence on the Councils of England who were neither privy nor Parties to it and if they had a mind to reduce the Kingdom it was easy to do it without his Assistance that he must either go on this Message now the Deputy had put him upon it or enter into an actual War against him and against such as adhered to King Jame's Interest that he did not think it safe to do the latter having no order or encouragement from England but on the contrary all the Advice he received from thence was to be quiet and not to meddle that he was obliged to King James and neither Honour Conscience nor Gratitude would permit him in his present Circumstances to make a War on his own Authority against him whilst there was any possibility of doing the business without one Upon these considerations against the general Opinion of all the Protestants in Ireland he undertook the business and went away from Dublin about the Tenth of January 1688 having first had these general Concessions made him in behalf of the Protestants 1. That no more Commissions should be given out or new Men raised 2. That no more of the Army should be sent into the North 3. That none should be questioned for what was passed And 4. That no Private House should be garrison'd or disturb'd with Soldiers these he sent about with a Letter which will be found in the Appendix But he was no sooner gone but the Lord Deputy according to his usual Method of Falshood denyed these Concessions seemed mighty angry at the dispersing the Letter and refused to observe any of them The first News we heard from France was that the Lord Mountjoy was put into the Bastile which further exasperated the Protestants against King James and made them look on him as a Violater of Publick Faith to his Subjects As for the Lord Deputy this clearly ruined his Credit if ever he had any amongst them and they could never after be brought to give the least belief to what he said on the contrary they look'd on it as a sure sign that a thing was false if he earnestly affirmed it 15. But it was not yet in his power to master them he had not sufficiently Trained and Exercised his Men but as soon as he found that nothing was to be feared from England before the End of Summer and that he was assured King James would be with him soon he laid aside his Vizour and fell upon disarming them It was no difficult matter to do this for in the very beginning of King James's Reign the Protestant Militia had been dissolved and though they had bought their own Arms yet they were required to bring them into the Stores and they punctually obeyed the Order Such of the Protestant Army as remained in the Kingdom after their Cashiering were likewise without Arms being as I shewed before both disarmed and strip'd upon
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
best it was left to the discretion of a Dragoon what he would count a Serviceable Horse and what he would do with them when he had taken them so that of 10000 Horses at least that were taken from the Protestants at that time the King received not 100 nor had he one Troop raised out of them but whoever could get a Horse whether he were Officer or Soldier from a Protestant went away with it and converted it to his private use of which the Lord Deputy complains in a Proclamation dated March the 1st 1688 but this Proclamation though dated the 1st of March was not published till the 12th the reason of the delay was this the Proclamation ordered Horses that were not fit for Service to be restored and if it had come out according to the date thereof many Protestants that knew in whose Hands their Horses were would have claimed them To defeat them therefore some that had interest with the Deputy got the Proclamation delayed till those that took them might have time to convey them far enough from being found And this was their usual Method they first did the mischief they intended to the Protestants and then they published some antedated Proclamation forbidding it to be done and sometimes when a Proclamation came out before they had gone through with what they intended they denyed to be concluded by it alledging it came out surreptitiously as it happened in this very case of Searching for Arms. 19. Now Arms are the Hedges that secure and preserve our Goods and Lives especially in a Conquered Country such as Ireland is and it was but reason that the Law did allow none but Protestants to have them though they never hindred any Man from arming himself so far as was necessary for his own Defence When therefore they saw the keeping of Arms was made penal to them in the highest degree King James's Proclamation having made it Treason and Rebellion as I shewed before and some would needs perswade them it was really so to which opinion the Lord Chief Justice inclined when he gave charge to the Jury concerning one Wolf who was indicted for keeping some Arms and fined for it as a Misdemeanor when I say they saw that which the Law required them to do made so highly criminal for the Law requires every Freeman of Dublin to keep Arms and those Arms put into the Hands of Tories and Ruffians who had already robb'd them of a great part of their Substance had they not reason to believe that they were disarm'd purposely that they might be the more easily Robb'd or Massacred and that it was as easy for a Government that in one day disarmed them through the whole Kingdom against Reason Law and Justice to find a pretence at another time to take away their Lives they could neither doubt their inclinations nor question their ability to do it If one should tye a Mans Hands and turn him naked amongst Wild Beasts all the World would believe he designed they should devour him and sure we had reason to suppose the same of our Governours and they that treated us thus without provocation and against the Laws could not expect that we should be unwilling to change our Masters if a fair opportunity offered By the Law we have as much property in our Arms and Horses that we buy with our Mony and in a conquered Country such as Ireland is where every Forty Years we constantly have had a Rebellion they are as necessary for us as our Cloathes or Estates which indeed can signify nothing without them And the King might as justly pretend that he had occasion for them and take them from us without consideration as our Horses and Arms the oppression to us in our circumstances was really equal 20. It may perhaps be imagined by those who are Strangers to our Affairs that we had abused our Arms to oppress and wrong our Neighbours or to oppose the King and therefore deserv'd to lose them but it is observable that it doth not appear that any one Protestant in Ireland before this Disarming had used his Arms to injure any R. C. nor did they hurt any that was not either actually robbing them of their Goods or assaulting their Persons no not in the North where they refused to give up their Arms they kept even there on the defensive and offended no Man but when first Assaulted So that there was not the least reason or colour to disarm us except that we might be Plundered and Robb'd without being able to make resistance Our crime for which we lost our Arms for which we were exposed naked to our Enemies and for which the best Gentlemen in the Kingdom were obliged to walk without a Sword was because they suspected that we would not otherwise tamely part with our Goods or suffer our selves to be abused and affronted in the Streets by every Ruffian which was the condition of the best amongst us 21. 'T is true King James could not carry on a War for the advancement of Popery without our Goods and he could not be secure of them whilst we had Arms but I hope all the World is convinced that it was not our Counsels nor Actings that brought him to these Straits nor was it to be expected that we should be content to be undone to repair the errors and faults of those Wicked Counsellors who put him on those desperate courses which lost him his Crown All our crime is then that we could not be content to be undone with him and by him and rather chose to desire Protection Liberty and the restitution of our Priviledges and Arms from their present Majesties than to be in the condition of the Vilest of Slaves under King James a crime for which I am confident no Papist condemns us in his Conscience however he may rail at us and call us disloyal SECT IX The attempts made on the Personal Estates of Protestants before the Revolution in England 1. THe Earl of Tyrconnel when made Deputy of Ireland found the Riches of the Kingdom in the Hands of Protestants the Flocks the Herds the rich Houshold-Stuff and Plate Beneficial Leases improved Rents Trade and Mony were almost intirely theirs whereas the Papists by their Idleness Ignorance and numerous Begging Clergy were so low in their Fortunes that they were in no condition to raise or maintain such an Army as was necessary to carry on his Designs in this Kingdom and he was sure the Protestants that had the Riches would not contribute to support them He therefore applied himself with all art and industry to impoverish them He did what he could as I have already shew'd to destroy their Trade he put all the hardships imaginable on Protestant Tenants that they might not be able to pay their Rents and he encouraged the Popish Tenants to oppose their Landlords It was whispered amongst them that they need not pay their Rents for the Land in a little time would be their own
whole Troop of Horse on Two or Three Protestant Inns for some Months together till they wearied them out of their Trade drove away their Guests and broke them Sometimes they would compound for a Sum of Mony to be gone and then immediately send another Party as bad as themselves to succeed them by which means they ruined all the little Towns about Dublin and broke the Inhabitants The very first thing they did after they had gotten into the Army was to set a rate on Diet on hay and on Oats not above of what it cost the Innkeeper a thing to which they had been Strangers before but it seemed tolerable in respect of the Free Quarters to which they pretended afterwards though in effect it came to the same thing for they went away and never paid a Farthing for Meat or Drink or any other conveniencies allowed them in their Quarters only some gave Bills which were never paid nay they were not content to have their Meat and Drink and Quarters free but they so ordered the matter that their Quarters were generally better to them than their Pay They commonly had Billets on Three or Four Houses apiece every one of which paid them a certain rate per Week one private Soldier bragg'd that he had Fifteen Quarters the rate paid out of them was according to the quality of the House and the Person that had the Billet the very least was 18 d. or 12 d. per Week and the allowance to the Officers was proportional The truth of this is notorious to all in Dublin and is demonstrable from the number of Publick Houses which were obliged to quarter Men compared with the number of Men quartered in them The Houses were double in number to the Soldiers and yet every House had one or Two Soldiers at the least some Three some Four quartered on them for which they paid Weekly and yet so unreasonable were these Creatures that this would not satisfie them but they would go up and down the Country Stealing and Plundering Meat and Drink and forcing the poor Protestants to bring forth their whole Stock of Provisions of which they used to eat what they pleased and then destroy the rest that the Damned Whigs that is in their constant Dialect the Protestants might not have the benefit of it It was in vain to grumble or complain instead of remedy they were sure to have the injury redoubled upon them If any ventured to prosecute a notorious Robbery committed by a Soldier their Officers appeared in the Court for them and openly threatned the Jury if they found them Guilty Thus Colonel Luttrel afterwards Governour of Dublin appeared at Killmainham and brought off his Soldiers who were guilty of a Robbery by threatning the Jury and telling them that it should be worse for them if they found his Men guilty that the King's Souldiers must not be discouraged and must be allowed when in want to take from those that had meaning the Protestants and by his Authority he saved them being not only an Officer but one of the Justices of the Sessions And in the very Council Allbaville publickly owned that the Protestants durst not complain except they had a mind to be Massacred I use his Words 7. The Priests and Fryars were no less oppressive than the Soldiers they Multiplied in Dublin to Three or Four Hundred at the least they were well Fed and well Cloathed there were not more Lusty Plump Fellows in the Town than they insomuch that they were remarkable for it and reckoning that they consumed but Twenty Pound apiece one with another which was the least they cost the Town Eight Thousand Pound per Annum which is near Four times more than all the Protestant Clergy in Town received they built about Fourteen Chappels and Convents in Dublin and set up Two Nunneries all which came to a great Sum and a great part of it came out of the Protestants Pockets for they were such experienced Beggars that none escaped them and so importunate that none durst refuse them if any did they must expect to be the next who were Robbed They must be content to be Accused and Committed either on some secret Whisper or false Accusation The Insolency of the Friars may be guessed at by their Carriage to the Lord Primate Boyle Two of them as I had before occasion to remark came to demand Mony of him and because he refused them they procured a Warrant from Sir Thomas Hacket to commit his Son in Law and Nephew but others were forced to buy their Peace by large Contributions to them SECT X. The Progress King James made in destroying the Personal Estates of Protestants after the Revolution in England 1. THus the case stood with the Protestants of Ireland long before the Revolution happened in England Their Rents and Receipts were stopt their Expences multiplied and many were driven from their Houses and Farms their Trade decayed and their Towns and Villages destroyed by Robberies and Free Quarters but as soon as the new Levies upon pretence of resisting the Prince of Orange were made the mischief became much more universal and intolerable whereas before only Inns and Publick Houses together with Brewers Bakers Butchers and Chandlers were obliged to quarter Soldiers this Burden was now extended to all Gentlemen of the best quality if Protestants none being exempted this happened soon after the Lord Mountjoys going to France though the Lord Deputy as I noted before did possitively engage to him to the contrary in his Articles these new Guests committed all manner of rudeness and insolencies in their Quarters and drove away as many of the Gentry and Citizens as could steal a Passage or procure a License to be gone by bribing the Secretary Sir William Domvile a Gentlemen of about 80 Years of Age who had been Attorny General near Thirty Years as has been said had his House filled with them they treated the Old Gentleman so rudely and barbarously that all concluded it hastened his Death Some Roman Catholicks that were not known to belong to the Army would come to the Houses of Protestants and agree with them for their best Rooms and suitable Attendance and when they were to go away and should have paid instead of Mony they would present a Billet and then triumph in the trick they had put on their Landlords There are in Dublin about Seven Thousand Houses and it was very rare that King James had Four Thousand of the Army in Town and yet they ordered it so that every House had more or less quartered upon it Some Gentlemen had Ten some Twenty nay some Thirty quartered on them if there was no other Room they turned the Master or Mistriss of the Family out of their own Beds and sent both them and their Lodgers to provide for themselves not only Soldiers were thus quartered but likewise all Gentlemen Priests Fryars and some Noblemen that came with King James from France together with their Servants and
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
Purchases and Settlements This was the Bishop of Meath's Case whose Father purchased an Estate in 1636. and both he and the Bishop had continued in Peaceable Possession of it ever since yet he was now outed of it by an old Injunction from the Court of Claims granted on a pretended Deed of Settlement made for Portions to the Daughters of the Man that had sold it to the Bishop's Father This Deed ought to have been proved at Common-Law before he should have been disturbed but the Popish Sheriff of the County of Meath one Nangle executed the Injunction on the Bishop and two other Protestants without any such Formality some Papists were as deeply concern'd as they as holding part of the same Estate but the Sheriff durst not or would not execute the Injunction on their part though he did it on that part which was in the Hands of Protestants at this rate many Protestants were outed of their Estates and the old Proprietors having gotten Possession put the Suit and Proof on Protestants to recover them near a hundred English Gentlemen lost considerable Estates in less than a Year and the Papists were in hopes to do their work by their False Oaths Forged Deeds Corrupt Judges and Partial Juries No one Suit that I could learn having been determin'd against them in either the King's-Bench or Exchequer 4. But this was not the way design'd by the Grandees they saw it was like to be Tedious Expensive and must have been in many cases Insuccessful and therefore they were intent on a Parliament and they had in less than nine Months fitted all things for it So that we should infallibly have had one next Winter if the Closeted Parliament design'd to sit at Westminster in November 1688. had succeeded and the News of the Prince of Orange's intended Descent into England had not diverted them but it was not judged convenient to proceed farther in Ireland till the Penal Laws and Test were removed in England 5. After King James's deserting England and getting into France which mightily rejoyced them their great Care was to get him into their own Hands and they easily prevailed on him to come into Ireland where he landed at Kinsale March 12. 1688. and made his entry into Dublin on Palm-Sunday March 24. Upon his coming into Dublin every Body was intent to see what he would do in relation to the Affairs of Ireland it was manifestly against his Interest to call a Parliament and much more unseasonable to pass such Acts in it as he knew the Papists expected For First The Kingdom was not intirely in Obedience to him London-derry Enniskillin and a great part of the North being then unreduced which gave occasion to many even of his own Party to ridicule him and his Councils who so contrary to his Interest had call'd a Parliament to spend their time in wrangling about Settling the Kingdom and disposing Estates before they had reduced it But had they instead of Passing such Acts as made them Odious to all Good Men applied themselves to the Siege of Derry it is like it had been reduced before the Succors came and then all Ireland had been their own and no Body can tell what might have been the Consequence of it 6. Secondly It a little reflected on King James's Sincerity who in his Answer to the Petition of the Lords for a Parliament in England presented Nov. 17. 1688. gave it as one Reason why he could not comply because it was impossible whilst part of the Kingdom was in the Enemies Hands to have a Free Parliament The same Impossibility lay on him against holding a Parliament in Ireland at his coming to Dublin if that had been the True Reason and his not acting uniformly to it plainly discover'd That the True Reason why he would not hold a Parliament in England and yet held one in Ireland under the same Circumstances was not the pretended Impossibility but because the English Parliament would have secured the Liberties and Religion of the Kingdom whereas he was sure the Irish Parliament would Subvert them 7. Thirdly His Compliance with all the most Extravagant Proposals of the Papists in Ireland was unavoidable if he call'd a Parliament and to comply with them was to do so palpable and inexcusable Injustice to the Protestants and English Interest of Ireland that he could not expect but that he should lose the Hearts of those Protestants in England and Scotland who were indifferent or well affected to him before as soon as they were fully inform'd of what he had done in Ireland and to lose their Assistance was to lose the fairest Hopes he could have of recovering his Crown 8. Fourthly By holding a Parliament he manifesty weakened his Forces in Ireland for the Papists whom he was to restore to their Estates were most of them poor insignificant People not able or capable to do him Service for the Richer sort of Papists were either disoblig'd by it being losers as well as the Protestants or else under a necessity to neglect the King's Service and spend their time to make Interest to secure themselves of Reprizals for what they lost by the Parliament 9. Fifthly He strengthened and united his Enemies by rendering all the Protestants that were not under his Power Desperate and by convincing the rest of the Necessity of joyning with them as fast as they could since no other Choice was left them but either to do this or to be ruined 10. All these Reasons lay before the King against calling a Parliament and made it manifestly unseasonable to do it now however bent to comply with the long and earnest Sollicitations of the Irish as we see in Nagles Coventry Letter and the two Papers in the Appendix But contrary to all the Rules of Interest and true Policy he was resolv'd to gratifie them for which we were able to give no other reason but the Resolution ascribed to him in the Liege Letter either to dye a Martyr or to establish Popery and therefore he issued out a Proclamation for a Parliament to sit May 7. 1688. at Dublin The Proclamation was dated March 25. the next day after he came to Dublin but was not published till April 2. it was said to be antedated four days but of that I can say nothing 11. Every Body foresaw what a kind of Parliament this would be and what was like to be done in it Our Constitution lodges the Legislative Power in the King Lords and Commons and each of these is a Check on the other that if any one of them attempt a thing prejudicial to the Kingdom the other may oppose and stop it but our Enemies had made all these for their purpose and therefore no Law could signifie any thing to oppose them it being in their power to remove any Law when they pleased by repealing it The King was their own both inclined of himself and easie to be prevail'd on by them to do what they would have him So
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
his Government over them 6. The Case of the Purchasers and Improvers in Ireland seem'd the hardest the Land forfeited by the Rebellion in 1641. was set out to those that had been Adventurers and Soldiers in that War and many of these had sold them at Twelve or Fifteen years Purchase the Purchasers had built fair Houses and Villages on them inclos'd Deer-Parks planted Orchards and Gardens and laid out vast Sums in these and other Improvements it seem'd hard to turn them out without consideration to try therefore whether any thing would make King James relent they endeavour'd to see what he would do for these poor Men how their Case was prest and represented to King James may be judged by a Paper given him by the Lord Granard and drawn up by the Chief Justice Keating with the Approbation of other Protestants 't is in the Appendix King James read it and made no other answer to it but That he would not do evil that good might come of it the meaning of which Words as then apply'd is not easily understood It has been a common Question put to the Gentlemen of Ireland by some that neither know them nor their Affairs What have you lost But sure whosoever knows the extent of Ireland and the value of Land in it will see that the Interest of the English Protestants ruined by King James since he came to the Crown is of greater value than the Estates of all that favour his Cause in England and Scotland and I suppose it would put them out of conceit with him or any other King that should take away but one half of their Estates from them SECT XIII Eighthly King James brought the Lives of his Protestant Subjects in Ireland into imminent danger 1. I Suppose from the former Sections it is sufficiently apparent what Invasions King James made on the Liberties and Fortunes of his Protestant Subjects there remained to them only their Lives and these as will appear from this Section were put in imminent danger by him many were lost and the rest escap'd with the greatest hazard When King James came into Ireland it was certainly his Interest to exercise his Clemency towards his Protestant Subjects and he knew it to be so and therefore in his Declaration which he sent privately into England he made large Professions of his tenderness towards them and boasted how much their safety had been his care every body expected a Proclamation for a General Pardon and Indemnity should have been sent before him and that â—e would have put an effectual stop to the illegal Prosecutions against their Lives and to the Robberies of their Fortunes that every where were going on at his coming but on the contrary he rather pusht on both and not content with the Laws that already were in force which Partial Judges and Juries wrâ—sted to destroy them he made new snares for them by Acts of his pretended Parliament and by several private declarations whereby not only he but his inferior Officers took on them to dispose of the Lives of Protestants 2. It is not reasonable to charge his Majesty with the private Murther committed on Men in their Houses which were many up and down the Kingdom several even in the City of Dublin Only thus far in some degree he may be thought responsible for them he knew very well with what barbarous Murthers the Papists of Ireland had been charg'd in the Rebellion of 1641 he knew what inveterate hatred they carried towards the Protestants and how many Tories and Robbers constantly disturbed the Peace of the Kingdom and yet without any necessity at all he threw himself upon these People he encouraged them he Armed them he gave Commissions even to those that had been Tories and guilty of Murthers and therefore cannot altogether be excused from the Irregularities committed by them especially when there was no search made after or Prosecution of the Murthers as it happened in the case of Colonel Murry of Westmeath Brother in law to my Lord Granard an old Gentleman who had serv'd King Charles the first and second and suffered considerably for his Loyalty he was way-laid and shot dead as he rode to his own House under King James's Protection and with some marks as he imagined of his Favour Yet no enquiry was made after it There were many such private Murthers but I do not think it necessary to insist on them I shall confine my self to such as are of a more publick Nature which gave us just reasons to fear that the Government had a design upon our Lives 3. Such were first encouraging Witnesses to swear us into feigned Plots and Conspiracies of these there were many set up in the Kingdom almost every County had one set up in it and many were put into Prison and indicted for high Treason as Captain Phillips and Mr. Bowen in the County oâ— Westmeath and several others in other places some of which I have before mentioned and when the perjuries of the Witnesses came to be plainly discovered they yet were encouraged and protected from any Legal prosecution Of this nature a Conspiracy was framing against one Mr. William Spike and if it had taken effect it would have reached to a great many more The contrivance was thus one Dennis Connor had a mind to a small Employment which Mr Spike held in the Castle he had petitioned for it but Spike by the Interest of my Lord Powis tho a Protestant kept his place being found diligent in it Connor resolv'd to try another experiment to get him removed he framed a Letter as from one in Inniskilling directed to Spike in which the writer thanks him for his Intelligence and refers to a method agreed on for seizing the Castle of Dublin on a certain Day The Letter to make the thing more credible abuses King James in very ill terms Connor drops this Letter in the Castle where Spike came every Day knowing that as soon as it was found Spike would be seized and then he might manage the Plot as he pleased but his Contrivance was spoiled for the Sentinel saw him drop the Paper and procured him immediately to be seized he was examined before the Chief Justice and I think before King James also why he wrote such a wicked Letter he said it was for the Kings service to remove Spike whom he believed to be a Rogue and who being a Protestant would betray the King Spike Prosecuted him in the Kings-Bench but after all that could be done the Jury brought Connor in not Guilty pretending that it did not appear that this was the very Letter dropt by Connor tho he had confest it before the King and the Lord Cheif Justice and tho it was proved and owned to be his hand and a rough draft of it found with him and the Sentinel swore he dropt a Letter which he delivered to the Officer and the Officer swore that was the Letter delivered by the Sentinel to him tho
this but rather than depend on the Faith of King James or his Party chose to suffer the utmost Extremity The Breach of Articles by my Lord Galmoy to Mr. Dixey a Young Gentleman Son to the Dean of Kilmore and Mr. Charlton was yet more barbarous the Lord Galmoy went down in March 168 to the County of Cavan and surpriz'd these two Gentlemen he had a Party of the Army with him and took up his Quarters at Belturbet His two Prisoners were to be exchanged for one Captain Mac Gwire then Prisoner at Crum a small Castle and the only place that stood out against King James in that County the owner of the Castle was one Captain Creighton who permitted Captain Mac Gwire to go to Belturbet on his parol to be a true Prisoner Mac Gwire so negotiated the matter that he return'd with a Summons and proposals as well for Inniskilling as the Castle of Crum and he suppos'd them not averse to a Surrender on good terms but the Lord Galmoy immagined that these Proposals would make the People of Crum secure and therefore that very Night without waiting for any answer he march'd to the Castle before they were aware and had almost surpriz'd them but the resolution of those within prevented the success of his perfidious design and forc'd him back without being able to do any other mischeif than the venting his Anger on his two Prisoners whom after his return to Belturbet he contrary to his Faith and Engagement hang'd on a Sign-Post and suffer'd their Bodies to lie unburied and be barbarously abused This was Captain Mac Gwires own account of the matter the consequence of which falshood was that those People would never hear of any terms afterwards and upon trial found much more safety in their Arms than in the Promises of King James or of any of his Party having baffled and cut off several considerable Bodies of his Forces sent against them and taken many and considerable prisoners whom yet they used with all Humanity as it were to reproach the barbarous and perfidious usage which their Prisoners met with but it was avowed and profest by the generality of King James's Men that they did not look on themselves to be obliged to treat the Rebels of the North as they call'd them as fair Enemies but as Traitors and infamous Persons whom they might destroy at any rate In the County of Longford some Protestants got into the Castle of Kenaught belonging to Sir Thomas Newcomen his Lady and those with her surrendred it on Articles January 13. 1689 to Brigadier Nugent slain afterwards by the Inniskillin Men at Cavan one of the Articles was for the Goods belonging to those in the House and their Friends notwithstanding which Nugent seiz'd and took away several parcels of Goods and several that were in the House as soon as they came out were plundered and stript naked Another Article was that the House of Kenaught should not be Burnt nor Injured notwithstanding which it was burnt to the Ground by Colonel Cohannaught Mac Gwire In short it was observ'd that amongst all the Articles into which King James or his Officers entred they never kept any to Protestants 5 A fifth Invasion on our Lives was that both King James and his inferiour Officers took on them to dispose of them by private Orders and Proclamations the penalty of violating which was often present Death thus the Proclamation that required us to bring in our Arms was on the Penalty of being left to the discretion of the Soldiers which was to expose our Lives and Fortunes to the Mercy of our greatest Enemies By a Proclamation dated July 20th 1689 all Protestants are required to bring in their Swords and other Arms on penalty of being dealt with as Rebels and Traitors The Proclamation dated June 15. 1690 forbad any to change a Guiney c. for more than 36 s. in Brass under pain of death and Colonel Lutterel published a Declaration forbidding more than five Protestants to assemble together or to be out of their Lodgings after Ten of the Clock at Night on the same Penalty the Declaration was of his own Penning and to gratifie the Curious I have put it in the Appendix the order to the Ministers to number the Protestants was likewise Penned by him and in it he declared that every one who did not enter in their Names by a certain Day should be treated as a Spy or Enemy nay sometimes he took on him to make Death the penalty of his verbal orders without a Declaration published Thus he commanded the Fellows and Scholars of the Colledge of Dublin upon pain of Death not to meet together or converse above Two or Three at a time and he would needs hang Mr. Piercy the Merchant as I shewed before without any notice given for saying that he was unwilling to part with his Goods In April 1690. The Quarter-Sessions for the County of Dublin were held at Kilmainham near Dublin Colonel Lutterel Governour of Dublin was on the Bench and in a Speech declared that King James wanted Wheat and other Grain for his Horses and that he had given the Countrey Farmers Three Weeks to bring in their Corn and had waited for their complyance during that time that he resolv'd to wait further til the Saturday after and if they did not bring it in by that time he would compel them that it was the King's will they should do it and he the King's Servant who would see his Masters Commands Executed and with a grear Oath swore he would hang that Man before his own Door that did not obey and bring in his Corn according to order Of this Speech the whole Bench and Country were Witnesses May the 7. 1690. the Lord Mayor thought fit to reinforce a former Proclamation about the rate of Goods in the Market but Colonel Lutterell did not think the Mayors Order sufficient and therefore published an Order of his own by beat of Drum declaring that whoever transgrest the Lord Mayors Order either by buying or selling should be hanged before their own doors About the same time Brigadier Sarsfield Published an Order requiring all Protestants on the borders to leave their Houses and retire Ten Miles from the Frontiers on pain of Death These were the Laws King James's Council and Ministers prescribed us by their Proclamations and Orders and these were the Acts of his Generals and Governours whom he made Guardians of the Lives and Fortunes of Protestants and yet they all came short of the inhumanity of his Parliament 6. It has been usual in Parliaments to attaint notorious Rebels and Traitors who were too strong for the Law or who being kill'd in their Rebellion could not be tryed or condemned by the ordinary course of it and when one or two in a King's Reign were thus attainted upon the most evident Proof and notoriety of the Fact it was counted a great matter even in the late Irish Rebellion none were attainted
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
Romish Priests and Monks Writen by the Author of the former Book Entituled The Frauds of Romish Priests and Monks set forth in Eight Letters L. Annaei Flori Rerum Romanarum Epitome cum Interpretatione Notis in usum Serenissimi Delphini unà cum Indicibus copiosissimis oppidò necessariis Compendium Graecum Novi Testamenti continens ex 7959 versiculis totius Novi Testamenti tantum versiculos 1900 non tamen integros in quibus omnes universi Novi Test. voces unà cum Versione Latina inveniuntur Auctore Iohanne Leusden Editio quinta in qua non tantum Themata Graeca Voces derivatae exprimuntur sed etiam Tempora Verborum adduntur Tandem ne aliquid ubicunque desideretur in hac Novissima Editione Londinensi cuilibet Voci aut Compositae aut Derivatae Radix adjicitur propria in Tyronum gratiam De Presbyteratu Dissertatio Quadripartita Presbyteratûs sacri Origines naturam Titulum Officia Ordines ab ipsis Mundi primordiis usquè ad Catholicae Ecclesiae consummatum plantationem complectens in qua Hierarchiae Episcopalis Jus Divinum immutabile ex Auctoritate scripturarum Canonicè expositarum Ecclesiasticae Traditionis suffragiis brevitèr quidem sed luculentèr asseriter Authore Samuele Hill Diaeceseôs Bathoniensis Wellensis Presbytero Londini Typis S. Roycroft L. L. Oriental Typographi Regis Impensis R. Clavel in Coemeterio D. Pauli MDCXCI Sometime since Published for R. Clavel FOrms of Private Devotion for every day in the Week in a Method agreeable to the Liturgy with Occasional Prayers and an Office for the Holy Communion and for the Time of Sickness A Scholastical History of the Primitive and General Use of Lyturgies in the Christian Church together with an Answer to David Clarkson's late Discourse concerning Liturgies Roman Forgeries in the Councils during the first Four Centuries together with an Appendix concerning the Forgeries and Errors in the Annals of Baronius Ait idem Barclaius amitti regnum si Rex vere hostili animo in totius populi exitium feratur quod concedo confistere enim simul non possunt voluntas imparandi voluntas perdendi quare qui se hostem populi totius prositetur is eo ipso abdicat regnum Sed vix videtur id accidere posse in rege mentis compote qui uni populo imperet quod si pluribus populis imperet accidere potest ut unius populi in gratiam alterum vult preditum Idcirco enim frater carissime copiosum corpus est Sacerdotum concordiae mutuae glutino atque unitatis vinculo copulatum ut siquis eâ— collegio nostro Haeresim facere gregem Christi lacerare vastare tentaverit subveniant caeteri quasi pastores utiles misericordes qui oves dominicas in gregem colligant Cypri Ep. 67. Pamelii Socrates lib. 2. c. 22. Acts of the late pretended Irish Parliament C. 3. Pro defensione fidei prestant juramentum quod de terris suae jurisdictioni Subjectis universos haereticos ab ecclesia denotatos bona fide pro viribus exterminare studebunt Conc. Later IV. cap. 3. Concil Constantiens Sess. 45. Bull. Mart. De erroribus Johan Wickleff Declaration for Liberty of Conscience in Scotland See Appendix 28. Henry 8. cap. 13. 2. Elizab cap. 1. 10. Henry 7. cap. 13. Lord Clarendon's Speech at giving up the Sword to the Earl of Tirconnel and the Abstract of the Revenue for 1685. Appendix N. 5. 6. By what Interest and for what Design he came to be employed and at last to be made Deputy will appear from the Copy of a Letter found amongst Bishop Tyrrel's Papers his Secretary 'T is in the Appendix N. 3. Vide Ch. 2. Sect. 6. N. 2. Felix ô Neal was removed in 1689. and made a Collonel Sanders de oblig conscien praelect 9. 12. 19. Ubi tam gravis premit necessitas ut vir pius prudens non possit dubitare legislatorem ipsum si praesens esset legit sibi gratiam relaxationem concessurum liceat subditis communis utilitatis quae suprema lex est omnium legum finis rationem habere magis quam legum particulaâ—â—â—m Salus populi suprema Lex The Equity of which Maxim as it leaveth in the Law-giver a power of dispensing with the Law as he shall see it expedient to the publick Good so it leaveth in the Subject a Liberty upon just Occasions to do otherwise than the Law requires Dr. Sanderson's Judgment concerning Submission to Usurpers pag. 17. Edit Lond. 1678. Appendix N. 10. N. 7. See the Appendix for the List of Privy-Counsellors N. 9. a See Appendix N o 14. Appendix N o 14. Appendix N o 11. See Appendix Appendix See Appendix N o 15. Appendix N o 18. See the First Proclamation by the Earl of Tyrconnel Feb. 21. 1686. WHereas a late Proclamation issued forth by the Lord Lieutenant and Council of this Kingdom in December last for the Suppressing of Tories Robbers and their Harbourers in these Words following Whereas there have been of late many Burglaries and Robberies committed in several parts of this Kingdom to the ruin of some of his Majesties good Subjects and to the great disquiet of many others and it is found by experience that his Majesties Mercy that hath been heretofore extended to some Persons that have been attainted of such Crimes hath been an encouragement to others to commit the like c. Which Proclamation hath not yet met with the full effect c. See Appendix N o. 25. 'T was an ancient Law of England some say as Old as King Alfred That no King should change his Mony nor impair nor inhanse nor make any Mony but of Silver without the Assent of the Lords and all the Commons See Power of Parliaments asserted by Sir Robert Atkins p. 17. And Lord Cook Exposition of Stat. Artic super Chart. Cap. 2â— 2 Iâ—st 577. Chap. II. Sect. 4. See the Copy of a Letter to King James and Malony's Letter in the Appendix N. 4. 17. How is it possible a Parliament should be Free in all its Circumstances whilst an Enemy is in the Kingdom Append. N. 21. Appendix N. 24. See Appendix N. 23. Appendix N. 22. See the Articles in the Appendix n. 1â— See Appendix n. 28. See Dr. Walkers Siege of Derry See Appendix N. 31. See Appendix See Appendix N. 3 4. 17. 12 Eliz. Chap. 1st See the Appendix Molony's Scheme in his Letter N. 17. See the Proceedings of the Parliament of Paris upon the Pope's Bull Printed at London 1688. P. 5. Appendix N. 27. See the Petition in the Appendix N. 26. See Appendix N. 31. See Appendix N. 30. See Appendix N. 29. 1. It is unjust Reprizals It is not for the publick good Not for the King 's good It ruins the Kingdom It ruins the People in it It destroys the Publick Faith Inconvenient in point of time Loco Sigill '
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