remarkable words: "We cannot but hold ourselves obliged to perform what we owe, by that peace, to those who have honestly and faithfull performed what they promised to do, though both we and they were miferably disappointed as to the effects of those promises." Nor did any of the difpoffeffed Irish then claim the benefit of it, but fuch as were conscious, and could produce authentic and undeniable proof (fome of them by appealing even to his grace's knowledge) that they had all along faithfully obferved the conditions of it. And thefe, furely, had an incontestable right to the benefits of a peace "which, as Lord Castlehaven witnesseth, they had fealed and confirmed with the blood of more than twenty thousand of their best men, who loft their lives to maintain it; refusing, in the mean while, all offers of peace, and that to the very laft, from the English parliament."

e

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 majesty, (1648) who was prefent; by both which they faid, 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

he

7 See that Declaration. Acts of Settlement.
8 Memoirs, first edit.

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 refused by, the confederates, as were agreeable to a conquering army to give (fuch as that of the ufurpers then was) to a broken scattered 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 Irish 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 majesty fignified his pleafure they fhould do. And (adds 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."

CHA P. XXIV.

2

Some reflections on the foregoing acts. BUT 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; because," 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 moft 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." a

9 Clarend. Life, vol. ii. p. 201. 'Orm. vol. ii. Lel. ubi fupra.

10

Id. ib.
2 Carte, 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. "Thofe 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 preserving the old; the very fame which their ancestors profeffed from the time that christianity was firft introduced into this ifland, which was by catholics; but whether mingled with corruptions, as some pretend, doth not belong to the question. They had no defign to change the government; they never attempted to fight against, to imprison, to betray, to fell, to bring to a trial, or

to

The Duke of Ormond's confolatory argument, with respect to these despoiled people, in his speech to parliament on paffing the first act of fettlement, is fomewhat remarkable. "Thofe," fays he, "that fhall be kept out of their antient estates, 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 fubjects,

b

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 fpiritual 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 schismatics, 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 eftates 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 (says Colonel Laurence) were proprietors of ten acres to one that the English had in Ireland; but, after the act of settlement, these English were in poffeffion, by that act, of four millions five hundred fixty thousand thirty-feven acres. So that (adds my author) if the majority of proprietors may give the denomination to a country, which usually it doth, Ireland is become West England." Intereft of Irel. part ii. p. 50-51.

Mr. Walth, 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 Person of Quality, p. 145.

jects, and the protection of the laws; if an Irish papist be oppreft, they fhall relieve him; if the blood of the meaneft of them be fhed, it fhall be strictly enquired after. Let this state be compared with that they were in before the king's restoration, and it will be found that the greatest lofer has got fomething." But all this cajoling amounts to no more than an oftentatious fuppofition, that his grace's administration of Ireland was not altogether fo unjust, tyrannous and bloody, as that of the regicides, his now favoured predeceffors in the government of that kingdom. And the difference will appear still lefs, when it is confidered that the innocent fufferers under Cromwell, had at least the comfort of a remote, but reasonable hope, that justice might be one day done them on his majesty's restoration; but of this, their only remaining profpect, they were then totally deprived, under Ormond, by this explanatory

bill.

4

"It will be difficult," fays a contemporary writer, "to perfuade those who were not eye-witneffes of the fact, that the royal authority of a christian king, which in one part of his dominions maintained the peer in his dignity, the commoner in his birth-right and liberty; which protected the weak from the oppreffion of the mighty, and fecured the nobility from the infolence of the people; and by which, equal and impartial justice was diftributed to all; fhould, at the fame time, be made ufe of, in another part of his dominions, to condemn innocents before they were heard, to confirm unlawful and ufurped poffeffions, to violate the public faith, to punish virtue, and countenance vice, to hold loyalty a crime, and treason worthy of reward; in a word, to exempt fo many thoufands of faithful and deserving subjects, from a general pardon, which, by a mercy altogether extraordinary, was extended to fome of the murderers of his royal father!"

5

"Colonel Talbot, afterwards Duke of Tyrconnel, fufpecting the Duke of Ormond to have done ill offices

to

◆ Sale and Settlement of Ireland. 5 Cart. Orm. vol. ii.

to the Irish on this occafion, expoftulated with his grace in fo huffing a manner, that it looked as if he meant to challenge him; and his grace, waiting upon his majesty, he defired to know if it was his pleasure, at this time of day, that he should put off his doublet to fight duels with Dick Talbot; for fo he was usually called. Talbot hereupon, was fent to the tower, but after fome time was released upon his fubmiffion."

A dangerous confpiracy of the puritans. THE conscioufnefs of having done a wrong is ever attended with fome fear of refentment from the party injured. Such was the Duke of Ormond's fituation at this juncture, with refpect to the defpoiled Irish.' "He had fpies and intelligencers in every part of Ireland, who served him fo well, that there was not the least motion among them, but it came to his knowledge." Complaints, indeed, that wretched privilege of fufferers, were heard from all parts; but no traces of a confpiracy, nor even endeavours for redress were any where difcovered. The cafe was very different with those rebellious fectaries, who had got poffeffion of their eftates. For upon the restoring of a few innocents, legally adjudged fuch," " they conceived fuch refentment

a

a "I confefs (fays Lord Arlington in a letter to Ormond on this occafion) it will be a hard matter to be very secure of those who see their eftates enjoyed by other men, till time hath accus tomed them to fuch digeftion." State Let. by Brown, p. 408.

"This country (Ireland)," fays the Earl of Effex, lord lieutenant in 1675, "has been perpetually rent and torn fince his majesty's restoration. I can compare it to nothing better, than the flinging the reward, upon the death of a dear, among a pack of hounds, where every one pulls and tears where he can for himself; for, indeed, it has been no other than a perpetual fcramble." State Lett. p. 334.