СНА Р. II.

The fame fubject continued in general.

a

SUCH His Lefley's uncontroverted account of Dr. King, as a fubject and a man. His judgment of him, as author of the book in queftion, is partly as follows.

"I can't fay," proceeds he,' " that I have examined into every single matter of fact, which this author relates; I could not have the opportunity; but I am fure I have looked into the most material, and by these you will eafily judge of his fincerity in the reft. But this I can fay, that there is not one I have enquired into, but I have found it falfe in the whole, or in part; aggravated or misrepresented, so as to alter the whole face of the ftory, and give it perfectly another air and turn; infomuch, that though many things he fays are true, yet he has hardly fpoken a true word, that is, told it truly and nakedly, without a warp.' Mr. Lefley adds this particular caution, for those who perufe that book," "that where Dr. King feems most exact, and fets his quotations in the margent, that the reader might fufpect nothing, there he is to fufpect most, and stand upon his guard."

These are heavy accufations, of which, and several others, Mr. Lefley has exhibited many convincing proofs; and more shall be added in the sequel, from VOL. II. undeniable

L

a Wrote and published his Answer in England in 1692.

It was, probably, from a conviction that this charge against himself was juft, that his grace in the year 1708, wrote to Dr. Swift on a fimilar occafion, with refpect to a pamphlet he had then published against the diffenters, in the following words: "I wifh fome facts had been well confidered, before vouched; if any one matter in it prove falfe, what do you think will come of the paper? In fhort, it will not be in the power of man to hinder it from a warm entertainment." Swift's Let.

undeniable authority. His grace's continued filence under them for more than thirty years, that he furvived the publication of this answer, is the more wonderful, on account of his folemn atteftation of the facred name of God, in the conclufion of his book, "that he had not mifreprefented or aggravated any thing therein, in prejudice to any body, or out of favour or affection to a party; or infifted on fuch particulars as might feem to ferve no other purpose, but to make his adversaries odious."

CHA P. III.

Particular facts related in Archbishop King's book proved falfe, concerning popish judges and juries.

BUT

to come now to the teft of this folemn attestation; I mean his relation of particular facts. Dr. King tells us,' that no fooner had the papifts of Ireland got judges and juries, that would believe them, but they began a trade of fwearing and ripping up, what they pretended their proteftant neighbours had faid of king James, whilst Duke of York, in the time of the popish plot; and that of these proteftants, many were found guilty, and exceffively fined; and fome of them imprisoned for their fines, not being able to fatisfy the king, who feized both their body and eftates."

The doctor likewife informs us," "that thefe popish judges and juries connived at a wicked contrivance, which was difcovered to the very bottom, in the county of Meath, to carry on this trade of fwearing against all the proteftant gentlemen in the country."

But unfortunately for Dr. King's credit, as an historian, that eminent and zealous protestant nobleman,

Henry

State of the Proteftants, &c. p. 75.

2 Ib. p. 76.

Henry Earl of Clarendon, lord lieutenant of Ireland in 1685, has left us a very different account of the behaviour of thefe popifh judges and juries, on that occafion. He tells us," that when thefe popifh judges went to the affizes in the county of Down and Londonderry, where many confiderable perfons were to be tried for words formerly fpoken againft king James,' they took as much pains as it was poffible, to quiet the minds of the people, wherever they went; and that they took care to have all the iuries mingled half English half Irish." And particularly with respect to the county of Meath, where Dr. King tells us they principally connived at this wicked trade of fwearing, his lordship adds,+ "that Judge Daly (one of these popifh

L 2

State Let. Dub. ed. vol. i. p. 326.

b

+ Ib.

a "All the Irish proteftants," fays Mr. Lefley, " speak exceeding good things of Lord Clarendon. They never parted with any chief governor with so much regret; and, as I have been told, none courted him more than Dr. King, who was admitted one of his chaplains." Anfw. p. 132.

His lordship himself fufpected, that he was recalled from the government of Ireland, on account of his religion. "If," fays he," my being a proteftant be the cause of my ill usage, I am fo far from being troubled, that I look upon it as a great honour to be found worthy to fuffer for my religion." State Let. vol. ii. p. 158.

Harris informs us, "that he was fo much depended upon by the proteftants of Ireland, that after the Prince of Orange's arrival in England, they made all their applications to him, through his lordship." Life of K. William, f. 187.

That the Roman catholics of Ireland did not think him partial in their favour, appears from one of his excellency's letters from Waterford, September 12th, 1686, wherein he says, "Lord Tyrone came to fee him there, and had continued with him all the time of his being there; but that not one of the other Roman catholic gentlemen had been with him. And that none of the Roman catholic inhabitants of that city (though there were there fome pretty confiderable merchants) had taken notice of him," State Let. vol. i. p. 402.

Lord Clarendon, in a letter to Lord Sunderland, has the following paffage: "It is thought fit I fhould recommend men to fome towns (where it is doubted the election may not be

good)

1

popish judges) did, at the affizes of that county, enlarge much on the unconfcionableness of indicting men upon words spoken fo many years before; that he told the jury, that most of thofe then charged before him in court, could give a good account of themfelves, and were well known in the countries where they lived, and that thereupon the juries, the major part of whom were Irish, acquitted them;" that Mr. juftice Nugent (another popifh judge)" made the fame declaration at Drogheda, where feveral perfons were tried for words, upon bills found at the former affizes; and that they were all acquitted, except one man, who was found guilty and fined five pounds."

But who would fufpect this impartial writer to have known, while he was committing thefe falfehoods to the prefs, that Lord Clarendon had, by king James's express command, published a proclamation, fo early as July 1686, (the popifh judges were made only in April preceding,) "forbidding all profecutions of that kind; and ordering, that no person should be accountable for any words fpoken against his majefty, at any time before his acceffion;" which proclamation his excellency immediately fent off to the judges, then on their circuits. Yet these known facts, Dr. King has difingenuoufly fuppreffed; for no body, I think, will have the hardinefs to pretend, that he, who was one of his lordship's chaplains, and a bufy enquirer into all the tranfactions of that time, could poffibly be ignorant of a matter fo notorious as this proclamation must have then been in every part of Ireland.

5 State Lett. Dub. ed. vol. i. p. 326. 7 Id. ib. P. 162.

CHAP.

• Id. ib. p. 324.

good) for mayors, and fheriffs, and for common-council-men: in fuch cafes I advife with thofe who are beft acquainted in thefe towns; particularly with juftice Daly, and others of the king's council of that perfuafion; and the lifts of names thofe men give me, are always equal, half English half Irish; which, they fay, is the best way to unite, and make them live friendly together." State Lett. vol. ii. p. 319.

С НА Р. IV.

The execution of Captain Ashton.

THE hanging of one Captain Ashton for murder, is

a

another of Dr. King's inftances of the cruelty and injustice of these popish judges and juries. "The papists,' fays he,' “ might kill whom they pleafed, without fear of the law, because they had popish judges and juries on their fide; but if any killed or hurt them, they were fure to fuffer." And then he complains, that Ashton was hanged for killing a papift; who, he fays, "abused his wife in the street." What the nature of the abuse was, or whether it was by words or actions, he does not inform us; from whence we may probably conclude, that it was not of a very heinous nature; and that the doctor would infinuate, that the killing of a papist, though but upon a flight provocation, ought not to be punished, as a capital offence.

• State of the Proteft. p. 47.

But

There is a paffage in Lord Clarendon's letters, which demonftrates a very different difpofition in thefe popish judges towards proteftants, from what Dr. King has imputed to them. "Upon a full hearing," fays his lordship," at the councilboard, there was a complaint of the commiffioners of the revenue proved again a juftice of peace, who had difcountenanced. a collector of the excife in the execution of his office. When the board came to deliberate what to do, this," adds his lordship, “is remarkable, that several of our new Roman catholic counfellors, though the justice was an Englishman, and a protestant, were for putting off the business, and particularly the three new (popifh) judges faid the gentleman would be more careful for the future." State Lett. vol. i. p. 292. His excellency also takes notice of the fingular modefty of these popifh judges, when they were made privy counsellors; and fays, " they were almoft out of countenance on that occafion; that they thought it would bring envy upon them, when it was not needful; they being, every way, as well qualified to do the king all poffible fervice, without the burden of that honour." Ib. 231.