with much favour, or indeed reasonable regard, to the Irish. If it be, it will not pafs; and if it be not, we must look for all the clamour, that can be raised by undone men."

C

The king had committed the drawing up of that bill chiefly, if not solely, to the Duke of Ormond's discretion. His grace therefore was certainly blameable for not inserting the above-mentioned claufe, even suppos ing him to have been merely paffive in the omiffion; but that he was equally active with those of the council, in hindering his majesty to grant further time for trying the claims of fo many unheard innocents, will, I fear, be found too evident for the credit of his impartiality or honour.d

CHAP.

"There was a clause in the (explanatory) act, that all the Irish should put in their claims by a day appointed, and that they should be determined before another day, which was likewife affigned, which days might be prolonged for once by the lord lieutenant (Ormond) upon fuch reafons as fatisfied him." Clarend. Life, vol. ii. p. 227.

There was hardly any step taken in England, with respect to the settlement of Ireland, wherein his grace's advice was not fought for, and followed. His friend the Earl of Orrery told him, "that he was affured by good hands, that most of the perfons to be restored by name, would be nominated by his grace, though afterwards inferted in the act by his majesty." State Lett. vol. i. p. 184. Lord Orrery's information was very right; for Lord Arlington had before acquainted Ormond, "that his majefty had promised willingly to hearken to his grace's representations from Ireland, concerning the qualifications of those whose merit he should defire to recompence." And in another letter, he expressly told him, " that his majefty had bid him write to his grace to know, what perfons he would advise him to nominate to be restored to their eftates." And foon after, the fame lord fent him a warrant," which," he said, " he drew up as near as he could to his grace's fenfe, by which his majesty empowered him to fend a lift of the names." State Lett. by Brown.

An enlargement of time for hearing all the claimants, by whom hindered.

HIS' majesty, by a letter of February 21ft, 1662,

to the Duke of Ormond, had (probably at Sir Richard Rainsford's requeft,) granted an enlargement of time for the trial of thofe innocents who could not be heard within the year. But he afterwards revoked that grant, at the request of his grace, and the Irish council. This appears from a letter of Lord Arlington to his grace, of the 7th of March following, wherein he tells him," that his majefty was furprifed at reading a letter from him and the council, of the preceding month, relating to the period that ought to be put to the commiffioners fitting and determining claims, on account of the contradiction, which that letter contained to what himself had judged, upon hearing that point debated in the (English) council;" but that, "however, his majesty would resume the confideration of it." And accordingly, on the 25th of July following, the fame Lord Arlington informed his grace and the council,' that the king had actually revoked his grant of the 21ft of February at their request and folicitation." For after having told them, that upon receipt of their dif patch concerning his majesty's letter of the 21st of February, directed to his grace the lord lieutenant, for receiving, and admitting, in general, all fuch perfons to put in their claims before his majefty's commiffioners in Ireland, as his grace fhould judge fit, notwithstanding the time limited by the act of parliament was elapfed, he adds, "that he had acquainted his majefty with their opinion thereupon, and that his majefty had accordingly commanded him to fignify to their lordfhips, that it was his majesty's pleasure, that his faid letter

4

'State Lett. 2 State Lett. Collect. by Brown, p. 356.

3 Id. ib.

4 Id. ib.

a

letter of the 21st of February fhould be wholly fufpended and laid afide; finding that faid letter was gained upon grounds feemingly equitable, though now by their lordships found to be inconfiftent with the act of fettlement.' "" And thus above, three thousand perfons, who had entered claims of innocency, were not heard, and fo were left to be utterly ruined,

For the court of claims being now at an end, that which was called the explanatory bill, put an abfolute period to all future hopes of these unheard claimants. By that bill, it was enacted," that no perfon or perfons, who, by the qualifications in the former act of fettlement, had not been adjudged innocent, fhould at any time after be reputed innocent, fo as to claim any lands, or tenements, thereby vested; or be admitted to have any benefit or allowance of adjudication of innocency;

a

s See Acts of Settlement.

Lel. vol. iii. p. 440.

"The king referred the preparing of this bill to Ormond, and the Irish council." Lel. Hift. of Irel. vol. iii. P. 435. "But the lieutenant and council were empowered to explain any difficulties, and amend any defects in it." Id. ib. p. 442. "Ormond promised to explain and amend, agreeably to the wifhes of the commons." Id. ib. These commons, as we have seen,

were, for the most part Cromwellian rebels, independents, anabaptists, and levellers; and, by the appointment of the regicides, actually poffeffed of the eftates of the Irish."

Lord Arlington, in a letter to the Duke of Ormond, June 27th, 1663, fays, "As for the letters granted by his majesty for restoring innocent papifts to their dwellings, &c. in corporations; 'tis true, they have been gotten from his majesty by much importunity for particular perfons, but upon your grace's representation of the inconveniencies that may, and will arise from them, his majesty refolves to be very tender of granting the like for the future." State Lett. by Brown, p. 290.

b

"Thus every one remaining of those numerous claimants, whose causes had not been heard, was entirely cut off. They complained of perjury and fubornation in the causes that were tried before the court of claims; but their great and striking grievance was, that more than three thousand perfons were condemned without the juftice granted to the vileft criminals, that of a fair and equal trial." Lel. Hift. of Irel. vol. iii. p. 440.

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 thousand 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 satisfied 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 estate was much incumbered, and his rents before the rebellion, exceeding not 7000l. 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 eftate." Id. ib.

Although this explanatory act was fo contrived, as fully to answer all the predatory purposes of it, yet the commons thinking the tenure of their ufurped poffeffions ftill infecure, petitioned his grace for a further explanation of some parts of it; and particularly of the vesting claufe," for by that claufe (they fay) they find fuch lands are vested 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 said 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 some cases, 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 hereafter continue, and that his majesty's proteftant fubjects may be put upon the neceffities of making fuch proof, as by the preamble of the said former act

feems

The articles above intended, of which the Irish were to receive no benefit, were those of the peace of 1648; on the conclufion of which, Ormond himself, 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 must here observe, that the king was so 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 speaker with the whole houfe, fhould 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 fecretary, 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 house immediately." Com. Jour. vol. ii. f. 388.

In his majefty's declaration for the fettlement of Ireland, about five hundred gentlemen, who had faithfully served 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 reftored, viz. Lord Antrim, Sir Henry O'Nial, and one more of an inconfiderable estate. In the province of Connaught but four were restored, 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 moft 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 juft enabled them to fubfift." Cart. Orm. vol. ii.