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1688, on account of the late rebellion, amounted in number to fifty-seven, and in Ireland to three thousand nine hundred and twenty-one. That all the lands in the several counties in Ireland belonging to the forfeited persons, as far as they could reckon, made 1060792 acres, worth per annum 211,623. which by computation of six years purchase for a life, and thirteen years for the inheritance, came to the full value of 268,1381. That some of those lands had been restored to the old proprietors, by virtue of the articles of Limerick and Galloway, and by his majesties favour, and the reversal of outlawries, and royal pardons, obtained chiefly by gratifications to such persons as had abused his majesties royal bounty and commission. Beside these restitutions, which they thought to be corruptly procured, they gave an account of seventy-six grants and custodiums, under the great seal of Ireland ; as to the Lord Rumney three grants now in being, containing 49,517 acres; to the Earl of Albemarle in two grants 108,633 acres, in possession and reversion ; to William Bentinck, Esq. Lord Woodstock, 135,820 acres of land ; to the Earl of Athlone two grants, containing 26,480 acres; to the Earl of Galloway on grant 36,148 acres, &c. wherein they observed, that the estates so mentioned did not yield so much to the grantees as they were valued at; because as most of them had abused his majesty in the real value of their estates, so their agents had imposed on them, and had either sold or lett the greatest part of those lands at an under value. But after all deductions and allowances, there yet remained 1,699,343l. 14s. which they lay be. fore the commons as the gross value of the estates since the 13th day of February, and not restored; besides a grant under the great seal of Ireland, dated the 13th of May, 1695, passed to Mrs. Elizabeth Villiers, now Countess of Orkney, of all the private estates of the late King James, (except some part in grant to Lord Athlone,) containing 95,649 acres, worth per annum 25,995l. 185. value: total 331,943l. 9s. concluding, that there was payable out of this estate, 2000l. per annum to Mrs. Godfrey for their lives; and that almost all the old leases determined in May, 1701 ; and then this estate would answer the value above mentioned.
THE SEVERAL ARGUMENTS OF SIR THEOBALD BUTLER, COUNGEL
LOR MALONE AND SIR STEPHEN RICE, AT THE BAR OF THE HOUSE OF COMMONS OF IRELAND, FEBRUARY 22; AND AT THE BAR OF THE HOUSE OF LORDS, FEBRUARY 28, 1703, AGAINST PASSING THE BILL, INTITULED, AN ACT TO PREVENT THE FURTHER GROWTH OF POPERY....PAGE 184.
THE Papists of Ireland observing, that the House of Commons were preparing the heads of a bill to be transmitted to Enge land to be drawn up into an act, to prevent the further growth of popery; and having in vain endeavoured to put a stop to it there, at its remittance back again to Ireland, presented to the House of Commons a petition in the names of Nicholas Lord Viscount Kingsland, Colonel J. Brown, Colonel Burk, Colonel Nugent, Major Pat. Allen, Captain Arthur French, and other Roman Catholicks of Ireland, praying to be heard by their counsel against the passing the said bill, then under consideration of the said house ; and to have a copy of the bill, and a reasonable time to speak to it before it passed. Which petition being referred to the committee of the whole house, to whom the consideration of the said bill was referred, it was ordered, that the petitioners should have a copy of the said bill, and be heard by their counsel, before the said committee.
And in pursuance of that order, Sir Theobald Butler, Counsellor Malone, and Sir Stephen Rice, (the two first in their gowns as counsel for the petitioners in general, and the last without a gown, only as a petitioner in his private capacity,) together with many others, upon Tuesday, the 22d of February, 1703, appeared at the bar of the said House of Commons, where Sir Theobald Butler first moved and acquainted the house, that, " by “ the permission of that house, he was come thither in behalf of " himself, and the rest of the Roman Catholicks of Ireland com"s prised in the articles of Limerick and Galway, to offer some
reasons, which he and the rest of the petitioners judged very “ material against passing the bill, intituled, An Act to prevent " the further growth of Popery; that by leave of the house, he “ had taken a copy of the said bill, (which he had there in his
hand,) and with submission, looked upon it to tend to the destroying of the said articles, granted upon a most valuable con
“ sideration, of surrendering the said garrisons, at the time when “ they had the sword in their hands, and for any thing that then “ appeared to the contrary, might have been in a condition to “ hold out much longer, and when it was in their power to de“ mand, and make for themselves such terms, as might be for their “ then and future liberty, safety and security: and that too, when “ the allowing such terms were highly advantageous to the gove “ ernment to which they submitted, as well for uniting the people “ that were then divided, quieting and settling the distractions “ and disorders of this then miserable kingdom, as for the other “ advantages the government would thereby reap in its own af“ fairs, both at home and abroad ; when its enemies were so
powerful both by sea and land, as to give doubt or interruption to its peace
and settlement. “ That by such their power, those of Limerick did for them“ selves, and others therein comprized, obtain and make such “ articles, as by which, all the Irish inhabitants in the city and
county of Limerick, and in the counties of Clare, Kerry, Cork, “ Sligo, and Mayo, had full and free pardon of and for all attain“ ders, outlawries, treasons, misprision of treasons, felonies, tres
passes, and other crimes whatever, which at any time from the “ beginning of King James the Second, to the 3d of October, “ 1691, had been acted, committed, or done by them, or any of “ them; and by which they and their heirs were to be forthwith
put in possession of, and for ever possess, and enjoy all and every
of their freeholds and inheritance; and all their rights, " titles, and interests, privileges and immunities, which they and “ every of them held and enjoyed, and by the laws in force were “ intituled unto, in the reign of King Charles the Second, or at
any time since, by the laws and statutes that were in force in « that reign, &c. And therefore read so much of the second ar“ ticle of Limerick, as tended to that purpose.” " That in the “ reign of Charles the Second, the petitioners, and all that were « intituled to the benefit of those articles, were in such full and “ free possession of their estates, and had the same power to sell,
or otherwise to dispose, or convey them, or any thing they en“ joyed; and were as rightfully intituled to all the privileges, im“munities, and other advantages whatever, according to the laws " then in force, as any other subjects whatsoever ; and which, “ therefore, without the highest injustice, could not be taken from “them, unless they had forfeited them themselves.
“ 'That if they had made any such forfeiture, it was either be“ fore or after the making the said articles: if before, they had " a full and free pardon for that by the said articles, &c. and " therefore are not accountable by any law now in force for the
same, and for that reason not now to be charged with it: and “ since they cannot be charged with any general forfeiture of “ those articles since, they at that same time remained as abso“ lutely intituled to all the privileges, advantages, and benefits of “ the laws both already made, and hereafter to be made, as any “ other of her majesty's subjects whatsoever.
“ That among all societies there were some ill people: that by “ the 10th article of Limerick, the whole community is not to be “ charged with, nor forfeited by the crimes of particular persons.
“ That there were already wholesome laws in force sufficient, " and if not, such as were wanting might be made, to punish “ every offender according to the nature of the crime: and in “the name of God let the guilty suffer for their own faults ; but “ the innocent ought not to suffer for the guilty, nor the whole “ for any particular. That surely they would not now (they had
tamely got the sword out of their hands), rob them of what “ was then in their power to have kept; for that would be unjust, " and not according to that golden rule, to do as they would be “ done by, was the case reversed, and the contrary side their
“ That the said articles were first granted them by the general “ of the English army, upon the most important consideration of “ getting the city of Limerick into his hands, (when it was in a “ condition to have held out, till it might have been relieved by " the succours then coming to it from France), and for prevent"ing the further effusion of blood, and the other ill consequences “ which (by reason of the then divisions and disorders) the na“tion then laboured under, and for reducing those in arms against “ the English government, to its obedience.
“ That the said articles were signed and perfected by the said “ generals, and the then lords justices of this kingdom, and after“ wards ratified by their late majesties, for themselves, their heirs " and successors, and have been since confirmed by an act of par“ liament in this kingdom, viz. stat. 9. Guil. 3 ses. 4. chap. 27.
(which he there produced and pleaded) and said could not be “ avoided without breaking the said articles, and the public faith
thereby plighted to all those comprised under the said articles, “ in the most solemn and engaging manner, 'tis possible for “ any people to lay themselves under, and than which nothing “could be more sacred and binding. That therefore to violate, “ or break those articles, would on the contrary be the greatest
injustice possible for any one people of the whole world to in“ flict upon another, and which is contrary to both the laws of « God and man.
“ That pursuant to these articles, all those Irish then in arms “ against the government, did submit thereunto, and surrendered “ the said city of Limerick, and all other garrisons then remaining “ in their possession, and did take such oaths of fidelity to the king “ and queen, &c. as by the said articles they were obliged to, and “ were put into possession of their estates, &c.
“ That such their submission was upon such terms as ought now, “ and at all times, to be made good to them ; but that if the bill " then before the house, intituled, An Act to prevent the further “ growth of Popery, should pass into a law, (which, said he, God “ forbid!) it would be not only a violation of those articles, but al“ so a manifest breach of the public faith, of which the English had
always been most tender in many instances, some of which he " then quoted ; and that, in particular, in the preamble of the “ act before-mentioned, made for confirmation of these articles, " wherein there is a particular regard and respect had to the pubc lic faith.
“ That since the said articles were thus under the most solemn “ ties, and for such valuable considerations granted the petition“ers, by nothing less than the general of the army, the lords jus“ tices of the kingdom, the king, queen, and parliament, the pub“ lic faith of the nation was therein concerned, obliged, bound, “ and engaged, as fully and firmly, as was possible for one people “ to pledge faith to another ; that therefore this parliament could “not pass such a bill, as that intituled, An Act to prevent the “ further growth of Popery, then before the house, into a law, “ without infringing those articles, and a manifest breach of the
public faith ; of which he hoped that house would be no less “regardful and tender than their predecessors, who made the act “ for confirming those articles, had been.
“ That the case of the Gibeonites, 2 Sam. 21. 1. was a fearful “ example of breaking of public faith, which above 100 years af“ ter brought nothing less than a three year's famine upon the “ land; and stayed not till the lives of all Saul's family atoned u for it..
“ That even among the heathens, and most barbarous of na“ tions, all the world over, the public faith had always been held “ most sacred and binding, that surely it would find no less a re
gard in that august assembly.
“ That if he proved the passing that act, was such a manifest " breach of those articles, and consequently of the public faith, he “ hoped that honorable house would be very tender how they
passed the said bill before them into a law, to the apparent pre“judice of the petitioners, and the hazard of bringing upon them“ selves and posterity, such evils, reproach and infamy, as the doing the like had brought upon other nations and people.
Now, that the passing such a bill as that then before the < house, to prevent the further growth of popery, will be a breach