innocency; or any benefit of articles whatsoever." " This bill (which the Irish called the black act) was brought over to Ireland, figned and fealed, by the Duke of Ormond himself." Walsh's Hift. of the Irish Remon. f. 568. The "By this act, Ormond is faid to have got the city of Kilkenny, and fix other corporate towns, together with their lands and liberties, valued by himself and his friends of the council but at 60,000l. though they are well worth 120,000l.” Unkind Deferter, p. 165. By the fame act, three hundred thoufand pounds were to be raised on his majesty's fubjects of Ireland, one hundred thousand of which was for his grace. Queries, Unkind Deserter, &c. p. 168. Quere, 17th," Whether the Duke of Ormond's gifts and grants amount not to 630,000l. and whether this fum would not have fatisfied all the English interest of Ireland, and have fettled the proteftants and well-meriting natives of that kingdom in peace; whereas now his majesty, and all Christendom is troubled with their clamours against the breach of public faith." Ib. p. 169. "The Duke of Ormond's eftate was much incumbered, and his rents before the rebellion, exceeding not 7cool. per ann. and during the war he got more by his government of Ireland, and giving up Dublin, than he could if he were in poffeffion of his estate." Id. ib. Although this explanatory act was fo contrived, as fully to anfwer all the predatory purposes of it, yet the commons thinking the tenure of their ufurped poffeffions ftii infecure, petitioned his grace for a further explanation of fome parts of it; and particularly of the vetting claufe," for by that claufe (they fay) they find fuch lands are vefted in his majetty, as have been fince the 23d of October, 1641, feized, &c. by reason of, or on account of the late rebellion or war; that the petitioners cannot but take notice, that in fome actions that have been depending in fome of his majesty's courts of juftice in this kingdom, wherein the former act of fettlement hath been given in evidence, a doubt hath been raised from these words, By reafon of, and on account of, the rebellion or war, whether it be not neceffary for the making out of his majesty's title by the faid act, to bring direct proof that the former proprietors of the lands fo feized, &c. were in the rebellion or war.' That from thence jurors, in fome cafes, have taken the liberty to find verdicts wholly contrary to the scope and intent of the faid bill. And that the petitioners do not find that the faid claufe is fo explained in this bill, but that the fame doubts may hercafter continue, and that his majesty's protestant subjects may be put upon the neceffities of making such proof, as by the preamble of the faid former act feems The articles above intended, of which the Irish were to receive no benefit, were thofe of the peace of 1648; on the conclufion of which, Ormond himfelf, then lord lieutenant, declared by proclamation, in his majefty's name," that all perfons rendering due obedience to the faid peace fhould be protected, cherished, countenanced, and fupported, according to the true intent and meaning of the faid articles." I muft here oblerve, that the king was fo fenfible of his obligation to perform his part of the articles of that peace, that mentioning it in his declaration for the fettlement of Ireland, which was to be the foundation and ground-work of these acts, he used the following remarkable feems impoffible to be made, &c." To this petition his excellency returned fo gracious and fatisfactory an answer, that the commons not only voted," nem. con. that upon the confidence and affurance the house had received from his grace's faid answer, they would proceed to put the queftion for paffing the faid bill." Com. Jour. vol. ii. f. 388. But alfo ordered, " that the fpeaker with the whole house, should wait upon his grace, to know when he would be pleased to receive their most humble, hearty, and thankful acknowledgments for it." With which meffage his grace was fo well pleased, that by his secretary, Sir George Lane, he fent answer to the commons, "that although it was then late, yet he would order dinner to be put back, and would be ready to receive the houfe immediately." Com. Jour. vol. ii. f. 388. In his majesty's declaration for the fettlement of Ireland, about five hundred gentlemen, who had faithfully ferved him abroad, were named to be restored to their eftates in that kingdom; yet it appears, that in the province of Ulfter, but three of the natives were restored, viz. Lord Antrim, Sir Henry O'Nial, and one more of an inconfiderable estate. In the province of Connaught but four were reftored, viz. the Earl of Clanrickard, the Lord Mayo, Colonel John Kelly and Colonel Moore. Sale and Settlement of Ireland. On the other hand," the Lords Montrath and Maffareen (two most inveterate parliamentarian rebels) had got into their hands most of the lands of the counties of Dublin, Louth and Kildare, and the barony of Barrimore; and the lords juftices, to ftop the clamours of the Earl of Fingall, and others who were not reftored according to their orders, were forced to give them penfions out of the Exchequer, which just enabled them to subsist.” Cart. Orm. vol. ii, remarkable words: "We cannot but hold ourselves obliged to perform what we owe, by that peace, to those who have honeftly and faithfull performed what they promised to do, though both we and they were miferably disappointed as to the effects of thofe promifes." Nor did any of the difpoffeffed Irish then claim the benefit of it, but fuch as were confcious, and could produce authentic and undeniable proof (fome of them by appealing even to his grace's knowledge) that they had all along faithfully observed the conditions of it. And thefe, furely, had an inconteftable right to the benefits of a peace" which, as Lord Caftlehaven witneffeth, they had fealed and confirmed with the blood of more than twenty thousand of their beft men, who loft their lives to maintain it; refufing, in the mean while, all offers of peace, and that to the very laft, from the English parliament."" 8 Their agents before the king and council in England, "demanded (fays Clarendon, who was prefent) the benefit of two treaties of peace, the one in the late king's time, and confirmed by him (1646), the other confirmed by his majefty, (1648) who was prefent; by both which they said, they stood indemnified from all acts done by them in the rebellion, and infifted upon their innocence fince that time, and that they had paid fo entire an obedience to his majesty's commands whilst 7 See that Declaration. Acts of Settlement. he ei. e. While they could keep any confiderable number of their people together; for even Borlafe "confeffes, that while their affembly continued, fuch terms were tendered to, and refufed by, the confederates, as were agreeable to a conquering army to give (fuch as that of the ufurpers then was) to a broken fcattered party as the confederates were." But "being then (1652) reduced to bogs and woods, as their best holts, the terms. fo offered, and rejected by the affembly, when together, were foon after embraced by all of them, when scattered and divided. into parties; on which they fubmitted, and laid down their arms; having by the conditions, liberty to tranfport themselves into foreign parts, or to ftay in the kingdom." Hift. of the Irith Rebel. f. 385.6. he was beyond feas, that they betook themselves to, and withdrew themfelves from the fervice of France and Spain, in fuch manner as his majefty fignified his pleafure they fhould do. And (idds my author) if they had ended their speech here they would have done wifely." This made an impreffion on his majefty and many of the lords.!° BUT CHA P. XXIV. Some reflections on the foregoing acts. matters were now fo ftrangely altered, that the very claiming the benefit of that peace, was made use of as an argument against their having any right to obtain it; "becaufe," fays Mr. Carte, "fuch claim was deemed a plain confeffion of former offences ;--in fhort the king now declared for an English interest to be established in Ireland; and confidered the fettlement of that kingdom, rather as a matter of policy, than justice. He faw, that one intereft or other must fuffer, and he thought it most fit for the good of the nation, the advantage of the crown, and the fecurity of the government, that the lofs fhould fall upon the Irish.' 2 Clarend. Life, vol. ii. p. 201. 'Orm. vol. ii. Lel. ubi fupra. 10 Id. ib. The The preceding different conduct of these two parties is thus finely contrafted by that great genius and patriot, Dr. Jonathan Swift, Dean of St. Patrick's Dublin. "Those infurrections (fays he) wherewith the (Irish) catholics are charged from the beginning of the 17th century to the great English rebellion, were occafioned by many oppreffions they lay under. They had no intention to introduce a new religion, but to enjoy the liberty of preferving the old; the very fame which their ancestors profeffed from the time that christianity was first introduced into this island, which was by catholics; but whether mingled with corruptions, as fome pretend, doth not belong to the question. They had no defign to change the government; they never attempted to ight against, to imprifon, to betray, to fell, to bring to a trial, or to The Duke of Ormond's confolatory argument, with respect to these defpoiled people, in his fpeech to parliament on paffing the first act of fettlement, is fomewhat remarkable." "Thofe," fays he, "that shall be kept out of their antient eftates, the inheritance of their fathers, through the defect of their qualifications, and by the all-difpofing providence of God, who was not pleased to make them active inftruments in this happy change, are delivered from tyrannous confinements, causeless imprisonments, and a continual fear of their lives. The good land lies afore them; their industry is at liberty, and they are restored to the freedom of subjects, Carte, vol. ii. Append. f. 25. to murder their king. The fchifmatics acted by a spirit directly contrary they united in a folemn league and covenant to alter the whole fyftem of spiritual government, established in all christian nations, and of apoftolic inftitution; concluding the tragedy with the murder of the king in cold blood, and upon mature deliberation; at the fame time changing the monarchy into a commonwealth.” "The catholics of Ireland in the great rebellion loft their eftates for fighting in defence of their king; the fchifmatics, who cut off the father's head, forced the fon to fly for his life, and overturned the whole antient frame of government, religious and civil, obtained grants of those very estates which the catholics loft in defence of the antient conftitution, many of which eftates are at this day poffeffed by the pofterity of those fchifmatics; and thus they gained by their rebellion what the catholics loft by their loyalty." Swift's Works, Dub. ed. vol. viii. p. 52. b Before the year 1641, " the Irish (fays Colonel Laurence) were proprietors of ten acres to one that the English had in Ireland; but, after the act of fettlement, these English were in poffeffion, by that act, of four millions five hundred fixty thoufand thirty-feven acres. So that (adds my author) if the majority of proprietors may give the denomination to a country, which ufually it doth, Ireland is become West England." Intereft of Irel. part ii. p. 50-51. Mr. Walfh, who was better acquainted with the condition of the Irish before the acts of fettlement took place, fays, “ that the Roman catholics of Ireland were the lawful proprietors, and had been lately the poffeffors of nineteen parts in twenty of the lands of that kingdom." Reply to a Perfon of Quality, p. 145. |