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and incapacity of thofe, who for fo many years had poffeffed themselves of their eftates, and fought then a confirmation of their rebellious title from his majefty; or to infinuate, that their rebellion had been more infamous, and of greater magnitude than that of the Irish, who had rifen in arms to free themselves from the rigour and feverity that was exercifed upon them, by fome of the king's minifters, and for the liberty of their confciences, without having the least intention or thought of withdrawing themselves from his majesty's obedience, or declining his government; whereas the others had carried on an odious rebellion

against

b Lord Clarendon's Life and Memoirs, from which these paffages are cited, is a pofthumous work, written by himself, but not published till within these few years past. In this place he feems to exhibit some symptoms of remorfe for that Machiavelian advice, which the Irifh ever accufed him of having given the king, while the fettlement of Ireland was under confideration, viz. 66 to provide for his enemies, who might otherwise be troublesome, and to overlook his friends, who would always stick to him;" and this advice they ever confidered, as one of the principal caufes of their ruin. That his lordship did give his majefty fome fuch counfel, on that occa fion, and that, after his difgrace, he was heartily forry for it, appears from the following certificate, which was lately printed in one of the public papers. Memorandum: "The Rev. Mr. Cock of Durham, being at his kinfman's, Sir Ralph Cole, at Banfpeth-castle, about the time that Lord Chancellor Clarendon was difgraced, Sir Henry Brabant of Newcastle came thi ther, in his way from London, and told Sir Ralph and him this paffage. That he, Sir Henry Brabant, having been to wait on Lord Clarendon juft after his difgrace, his lordship, after tel ling him how kindly he took that piece of friendship, expreffed himself to this effect: That there were grievous things laid to his charge; but that he could bear up against all the rest,, if his majefty would forgive him but one thing, which was, that he was the person who advised him to prefer his enemies, and neglect his friends; fince the principles of the latter would fecure them to him;' adding, that he took that for the cause of his own ruin, and wifhed it might not occafion that of many others, and at laft the king's.' This is teftified by H. Bedford, who had it from the above Mr. Cock. London Chronicle, Decem. 2d, 1773.

He

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against the king's facred perfon, whom they had horridly murdered in the fight of the fun, with all imaginable circumstances of contempt and defiance; and as much as in them lay, had rooted out monarchy it self, and overturned and deftroyed the whole government of church and state. And therefore they obferved, whatever punishment the Irish had merited for their former tranfgreffions, which they had fo long repented of and departed from, when they had arms and strong towns in their hands (which together with themselves, they put again under his majesty's protection), that furely this part of the English, who were poffeffed of their eftates, and had broken all their obligations to God and the king, could not deserve to be gratified with their ruin and total destruction." "It was," I fay, "deemed unpardonable indifcretion in

the

He feems to have apologized for the above advice to the king, in the following paffage of his Life and Memoirs: "Whoever (fays he) confiders the temper and conftitution of the army then on foot in that kingdom (Ireland), and the body of prefbyterians that had been disbanded, and remained still there in their habitations, together with the body of adventurers, all presbyterians or anabaptifts; and at the fame time remembers the difpofition and general affection of the army in England, will not wonder that the king endeavoured, if it had been poffible, rather to please all, than by any unfeasonable discovery of a refolution, how juft foever, to make any party defperate; there being none fo inconfiderable as not to have been able to do much mifchief." Vol. ii. p. 120.

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"We feel to this day (fays Higgons) the difmal confequences of those councils, which were not more wicked than weak and impolitic. The eftates of the Irish who had fought for the king, and followed his fortunes in exile, were confirmed to drummers and ferjeants, who had conducted his father to the fcaffold." Remarks on Burnet, p. 103-4.

"The treatment of the royal party at this time, will never find belief with posterity: to be neglected was enough, but to fee the enemy triumph in their fpoils, was more than nature could fupport. There are inftances of fome, who were admitted to the royal prefence and favour, without being totally free from the blood of the king; while they who had lavished their own in his defence, were fuffered to ftarve in the ftreets.” Id, ib.

the Irish agents, to infift upon these and other well known topics; and not lefs fo, to give the most distant intimation of their humble hope," that when all his majesty's other fubjects were by his clemency restored to their own eftates, and were in full peace, mirth and joy, the Irish alone should not be exempt from all his majesty's grace, and left in tears, and mourning and lamentation; and be facrificed, without redemption, to the avarice and cruelty of thofe, who had not only fpoiled and oppreffed them, but had done all that was in their power, to deftroy the king himself and his pofterity; and who now returned to their obedience, and fubmitted to his government, when they were not longer able to oppose it."

To this just and affecting state of the cafe, with respect to both parties, the commiflioners from the council and parliament of Ireland, anfwered only by a falfe or exaggerated imputation of the crimes of particular perfons among the Irish, to the generality of that people; and by an impudent revival of former self-refuted calumnies, which, though at this day, they are well known to be fuch, were then believed, or pretended to be believed, as fo many certain and unqueftionable truths, by their corrupt, malicious, or ill-informed judges.

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CHA P.

• Clarendon's Life. 3. Id. ib..

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A court of claims appointed in Ireland.

THE king found,' that if he deferred fettling the government of Ireland, till a perfect adjustment of all particular interefts could be made, it would be very long; he faw that there must be fome examination taken there, before he could make his determination upon thofe particulars, which purely depended upon his own judgment; and fo he paffed that which is called the first act of fettlement; and was perfuaded to commit the execution thereof to commiffioners, recommended to him by those who were moft converfant in the affairs of that kingdom, though none, or very few of them, were known to his majesty.

Thefe commiffioners conftituted what was commonly called the court of claims in Ireland," 2 but were very ill qualified for fuch a truft. They were for the most part engaged, by their interests, in the party of the adventurers and foldiers; very many of them were in poffeffion of those lands which others fued for before them; and they themselves bought broken titles, and pretences of other men, for inconfiderable fums of money, which they supported and made good by their own authority. Thus the judges themselves were both parties and witneffes, in all caufes that were brought before them."

"Such fcandalous practices could not be fuffered to continue long. These commiffioners were remov

Clarendon's Life.

* Id. vol. ii. p. 231. Cart. Orm. vol. ii. fol. 220.

3 Clarend. Life.

ed;

• Inftructions were sent to the new lords juftices, "to fend over the names of fit commiffioners to execute his majesty's declaration for the fettlement of Ireland." Carte's Ormond, vol. ii. f. 212.

ed; and seven gentlemen, of very clear reputations, appointed in their room; fome of them lawyers in very much esteem; and others, perfons of very good extractions, excellent understandings, and above all fufpicion for their integrity, and generally reputed to be fuperior to any base temptation."

b

It was imagined, however, by the fame noble hiftorian whom I have hitherto cited, and who has honoured them with this very reputable character, that these new commiffioners decided fomewhat too partially in favour of the Irish on this occafion; that there was reason to believe, that the observation they had made of the bitterness and animofities from the English, both foldiers and adventurers, towards the whole Irish nation of what kind foever; the fcandalous proceedings of the first commiffioners, together with the very ill reputation many of the foldiers and adventurers had for extraordinary malice to the crown and to the royal family; and the notable barbarity they had exercised towards the Irish, who without doubt, for many years, had undergone the most cruel oppreffions of all kinds that can be imagined (many thousands of them having been forced, without being covered under any houfe, to perifh in the open fields for hunger); the infamous purchases that had been made by many perfons, who had compelled the Irish to fell their remainders, and lawful pretences, for very inconfiderable

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And yet he ftrangely confeffes in the fame place," that many of the Irish, who in truth never had been in rebellion, but notoriously served the king against the rebels, both in England and Ireland, and had never been put out of their eftates, now upon fome flight evidence, by the interception of letters, or confeffion of meffengers, that they had had correfpondence with the rebels (though it was evident that even that correfpondence had been perfunctory, and only to fecure them, that they might purfue his majefty's fervice), were condemned, and had their eftates taken from them, by the judgment of these commiffioners." Life, vol. ii. p. 233. He inftances in a long ftory of Lord a Roman catholic lord, afterwards made Williams, Earl of Tyrconnel by Charles II: Ib. p. 233, &c.

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