CHA P. XVII.

The Earl of Orrery abuses the king's confidence, with refpect to the fettlement of Ireland.

HIS majesty's declaration before-mentioned, for the

fettlement of Ireland, (which comprehended every foot of land in the kingdom) ordained, that about five hundred Irish gentlemen therein named, who had faithfully ferved him abroad, fhould be restored to their eftates; but not until land of equal value was found," to

reprize

In order to enhance the merits, and confequently the rewards, of those said to be in the English intereft, the first act of settlement sets forth in the preamble," that the Irish rebels were conquered by his majesty's protestant subjects, in his abfence." These Irish rebels, when they were conquered, fought under the command of the Marquis of Ormond, his majesty's lord lieutenant of Ireland, and afterwards under the command of the Lord Marquis of Clanrickard, his majesty's lord deputy of that kingdom. And those proteftant fubjects who conquered them, were Cromwell, Ireton, Axtel, Hewetfon, Jones, Broghill, Coote, &c. who, indeed, vigorously pursued these Irish rebels, because they conftantly denied the authority of the pretended commonwealth, and unalterably adhered to the interefts of Charles Stewart (as thefe his majesty's protestant subjects were, in that time of conqueft, always wont to call him); it was in confequence of this act, which establishes it as a fundamental law, that the Irish rebels were conquered by the English proteftant fubjects, that commiffioners were appointed by his majefty to decide the claims of the Irish, in pursuance thereof." Sale and fettlement of Ireland.

The claim of the adventurers was founded on an English act of parliament 17° Caroli, by which all those who had lent money towards carrying on the war against the Irish, should upon their being fubdued have a certain portion of their forfeited eftates conveyed to them. By the fame act it was provided, that the money fo lent should not be applied to any other use but that of the Irish war. Yet, "fcarce was there one hundred thousand pounds thus raised, when the fame parliament, contrary to its own act and engagement, caused it to be laid out for the setting

forth

reprize the Cromwellian adventurers and foldiers, who then had poffeffion of them. It also ordained, that fuch of the Irish as had never infringed the articles of the peace, concluded between the Marquis of Ormond and them in 1648, fhould be restored upon the fame conditions. But the king had already difpofed of fo great a part of the kingdom in gifts to the English and Irish favourites (fome of whom had been acceffaries in his father's murder), that the order for reprisals was abfolutely impracticable; on which account the adventurers and foldiers ftill continued their ufurped poffeffion; although many of them, in respect of their notorious and opprobrious actions against the crown, throughout their whole employment, and of their expreffing even after his majesty's return, how little they were fatisfied with the revolution, were univerfally odious, both in England and Ireland.”

66

с

The

'Clarend. Life.

forth their army under the command of the Earl of Effex, then ready for its march, against the king at Nottingham." Borl. Hift. of the Irish Rebel. f. 121.

The foldiers, who were to be reprized with lands of equal value, had conftantly fought for the ufurpers against the king; and were thus to be rewarded for that fervice. "They were, (fays Mr. Carte) for the most part, anabaptifts, independents, and levellers." Orm. vol. ii.

Although the king himself had confeffed in his declaration, which was to be the foundation of these acts of fettlement, "that the eftates and poffeffions, which the adventurers and foldiers did then enjoy, if they were examined by the strict letter of the law, would prove very defective, and invalid, being no ways pursuant to thofe acts of parliament upon which they are pretended to be founded." See that Declaration,

"If (fays Ormond on this occafion) the adventurers and foldiers must be satisfied to the extent of what they fuppofe intended for them by the declaration; and if all that accepted and conftantly adhered to the peace (of 1648) must be restored, as the fame declaration seems also to intend, there must be new discoveries made of a new Ireland; for the old will never ferve to fatisfy these engagements." Cart. Orm. vol. iii. f. 340.

The Earl of Clarendon, who was thoroughly acquainted with the conduct and intrigues of this fettlement, informs us," that his majefty was led into this mistake by a very pofitive affurance from Lord Orrery, who was believed to understand the state of that kingdom very exactly, that there was land enough to fatisfy all the foldiers and adventurers; and that there would be a very great proportion left for accommodating the Irish very liberally." But his lordship, at the fame time, made use of every finifter means, for his own private advantage, to reduce that proportion to nothing.

For," believing he could never be well enough at court, except he had courtiers of all forts obliged to him, who would therefore fpeak well of him in all places and companies, he recommended to many of them divers fuits for fuch lands, as by forfeiture, or otherwife, fhould come to his majesty; although he knew that his majesty had refolved (and that by his lordship's own advice) to retain thofe lands in his own power, to the end that, when the fettlement fhould be made, he might be able to gratify those of the Irish nation, who had any thing of merit towards him, or had been least faulty. His lordship often, even fent certificates to thefe courtiers under his own hand, of the value those fuits might be to them, if obtained; and of the little importance the granting them would be to his majefty; which having been fhewed to the king, difpofed him to thofe conceffions, which otherwife he would not so easily have made.”

CHA P.

2 Clarend. Life.

3 Id. ib.

Id. ib.

"This earl (fays K. James in his Memoirs) was famous for changing parties fo often, and for making a fpeech to Cromwell to take the title of king; his tongue was well hung, he had fome good parts, and he was reckoned fo cunning a man that no body would truft him, or believe what he faid." Macpherf. Orig. Pap. vol. i. p. 43.

CHAP. XVIII.

The affairs of Ireland brought before the English

Council.

ABOUT this time, a warm dispute was carrying on at London, between the agents for the late confederate catholics, and the commiffioners from the council and the two houfes of the Irifh parliament, in feveral memorials prefented by them to the king, in juftification of their respective claims, and pretenfions. "But the Irish agents pleaded their caufe under great difadvantages. The commiflioners from the council and parliament differed a little among themfelves, about their private and personal interests; but they were all united in one unhappy extreme, that is, (fays Lord Clarendon, who was prefent in council during these disputes) in their implacable malice to the Irish; infomuch, that they concurred in their defire, that they might gain nothing by the king's return; but be kept with the fame rigour, and under the fame incapacity to do hurt, which they were then under. And though eradication was too foul a word to be uttered in the hearing of a christian prince, yet it was little lefs, or better, that they propofed, in other words, and hoped to obtain. Whereas the king thought that miferable people to be as worthy of his favour, as moft of the other party, and that his honour, juftice, and policy, as far as they were unrestrained by laws and contracts, obliged him more to preferve them, at least as much as he could. And yet it can hardly be believed, how few men, in all other points very reasonable, and who were far from cruelty in their nature, cherished that inclination in the king; but thought it in him, and more in his brother, to proceed from other reafons than they published. Whilft others, who pretended to be only moved by chriftian charity and compaffion, were more cruel towards them, and made them more miferable by extorting great engagements from them for their protection

'Cart. Orm. vol. ii.

Clarend. Life, vol. ii. f. 129.

protection and interceffion; which being performed, would leave them in as forlorn a condition as they were found.

Befides these impediments to their fuccefs, from the malice of their enemies, the ignorance and prejudice of fome about the king, and the fraud and cruelty of others, these agents from the confederate catholics had another obstacle in their way, which was ftill more infurmountable; and that was the great poverty of those who sent them. "The new earls of Orrery and Montrath had taken care to raise ' privately among the adventurers and foldiers twenty or thirty thousand pounds, to be difpofed of properly, without any ac

3

3 Cart. Orm. vol. ii. p. 200.

count,

And as much more publicly. For "the Irish commons, on the 4th of March, 1661, ordered, nem. con. thirty thousand pounds English to be raised throughout the kingdom, and prefented to his grace the Duke of Ormond, with a claufe, that they intended not that present of theirs should be interpreted as an exclufion of his grace from any other juft favour his majesty might think fit to confer on him or his." Com. Jour. vol. i.

This order was procured by his grace's friend, the Earl of Orrery, then one of the lords juftices; for thus that earl wrote to his grace the day after it was paffed. "Yesterday the parliament met in this city; I had engaged the fpeaker, and much the most, if not all the members, that their motion for their humble prefent for your grace might be the very first business. gone upon. It paffed without one negative." Orrery's State Lett. vol. i. p. 99.

The bill for granting thirty thoufand pound to the Duke of Ormond, was read thrice in one day and paffed. See Com. Jour. vol. ii. f. 8.

The fame Orrery having acquainted Ormond, that the first act of settlement was fent to England, adds, "all this kingdom looks upon your grace as their great patron, to whom they in a high degree owe thofe hopes, which his majesty's gracious declaration has given them." State Lett. p. 37. This declaration was the bafis and ground-work of the acts of fettlement. Again, he tells him, "your lordship's favour to this poor kingdom in haftening the bill of fettlement, is fo fignal and great, that I know not one man concerned in the good fettlement of this kingdom but muft, and does own himself your grace's fervant, for your eminent pains and care in that defired work." Ib. p. 90.