lion. Justice manifestly demanded a full consideration of their rights, and such accordingly was not formally denied; but practically, all distinctions in their favour were encumbered with difficulties of an obvious nature, and these difficulties were aggravated by the operation of prejudices against them, which were partly founded in realities. too obvious not to have imposing effect, and partly in the interested hostility of their opponents. They complained of the rigour of conditions, which made it impossible for any accused papist to prove his innocence, and justly complained that the conduct which was now decided as proving their disloyalty had not been matter of choice: that the lordsjustices had excluded them alike from the service or from the protection of the crown, and compelled them to reside in the quarters of the rebels, who possessed for a long time the most considerable parts of the country. The answers to this remonstrance would, if recited, only serve to show the lengths to which sophistry may be ventured in support of open injustice. Among other fallacies, the necessity of assuming the mere fact of residence as a sufficient test was asserted on the peculiarly self-destroying ground, that in most cases there could be no other test; a statement which seems to involve the abandonment of the charge. But we dwell on these facts here only because they illustrate the real tendency of rebellion to draw down a frightful amount of retributive consequences upon a people. The prejudice which it awakens at a distance, where its guilt and horrors alone can reach, without any extenuating facts, is a permanent evil, against which a moment's reflection will show there is no counteraction in the nature of things; for while the report of crime and disorder travels far and finds numerous records, quiet honesty and good conduct make no report and find no place in history; and in the din and rumour of national insurrections, all who are involved must be considered as parties engaged: and this moral necessity is in the present case much increased by the fact, that the agency of ecclesiastical intrigue, and of the motives of a religious party, must, in the apprehension of the spectator, have seemed to identify the creed itself with the cause, and the Roman Catholic laity with the corporate politics of their hierarchy.

The Irish parliament was convened to pass the declaration into an enactment. The constitution of this parliament was regulated by the actual possession of the lands: being mainly composed of adventurers who had by several means obtained large estates of which the titles were either wrongful, uncertain, or requiring confirmation, their first and main effort was to secure the advantage which they held; and in this they were successful, so far as their possessions can be regarded as liable to the danger they feared. They also made some strong but not equally successful efforts, to secure the interests of the protestant established church in Ireland against the other protestant denominations which were then striving to obtain the ascendancy. On the discussion of the king's declaration, it found cordial support from a body whose objects it favoured, and accordingly the commons were in its favour; but it excited the indignation of the lords, who saw that its effect must be the destruction of the most ancient and noblest families in the kingdom. They put forward many strong objections, and clearly exposed the manifold grievances and wrongs which such provi

sions as it contained must have inflicted on unoffending thousands: and affirmed that the king had issued his declaration on misinformation. Among other objections, they examined the proceedings of the court of claims, which they found to be dilatory, inefficient, and corrupt; but above all, they exposed in strong colours the iniquities of the "doubling ordinance," a project set on foot by the parliament during the great rebellion, in order to levy money by a loan on Irish forfeitures. For this it had been enacted that every adventurer who should advance one-fourth more than his original adventure should have it doubled on account, and receive Irish lands according to his claim so increased. It was computed that by this unauthorized compact, the lands lost to the king would amount to 142,000 acres. A clause was introduced into the bill with the king's consent, that the adventurers should receive lands to the precise amount of the actual payments they had made. The bill was, after various delays, drawn up and transmitted to the lords-justices, who made several alterations of their own, and then sent it over to England to be finally examined and confirmed. The struggle of parties was thus transferred to England; and, considering the history of previous events and the state of opinion there, the cause could hardly have been carried into a court less disposed to equity. The deeds of the previous rebellion had impressed England with horror and contempt: the Irish party was without support, and destitute of prudence, discretion, or money: their enemies had all of these. The adventurers, as the purchasers of Irish lands have been technically called, had raised a large sum by subscription among themselves for the support of their claims.

In this state of affairs the Irish party had but one resource, and that in their infatuation they cast from them. The duke of Ormonde's influence, his tried love of justice, his temper, moderation, and disinterested character, all marked him as the fit advocate of those who had strong equitable claims and no friends. His advice was offered and his aid volunteered. His opinion was strongly expressed in a letter to Sir M. Eustace, who was an earnest advocate in their behalf, and is worthy of notice here:-"We are," says he, "in the heat of our debates upon the great bill; and I fear the liberty allowed the Irish to speak for themselves, will turn to their prejudice, by the unskilful use they make of it, in justifying themselves, instructing the king and council what is good for them, and recriminating of others: whereas, a modest extenuation of their crimes, an humble submission to, and imploring his majesty's grace, and a declaration of their hearty desire to live quietly and brotherly with their fellow-subjects for the future, would better have befitted the disadvantages they were under, and have prevailed more than all their eloquence. But it is long since I have given over any hope that they would do, or be advised to do what was best for them, or be persuaded that what might properly, and for their advantage be said by others, would not only change its nature coming from them, but hinder others from making use of their arguments, lest they might be suspected of communicating counsels with them; which is a reproach I will avoid almost as much as I will the guilt of being of their party."

In opposition to the advice of the duke, the Irish agents took a lofty

and arrogant tone, and threw themselves wholly on their merits. There were among them individuals whose enmity to the duke excited them to take all those means to hurt his reputation, which are ever so easily used, and so available among the multitude. His advice was imputed to his wish to sink the real merits of their cause: his wellknown zeal for the protestant religion, so broadly marked in the whole conduct of his life, gave force to the base insinuation of a motive which was only worthy of the person by whom it was suggested. Instead of gratitude, the duke met insult and calumny, which wounded his feelings, though it could not affect a character which stood high above the range of such base missiles. The consequence was, that although he frequently interposed by his vote and influence, to prevent injustice, which could be prevented in no other way, he studiously avoided taking any public part in the business of the settlement. "He adhered," says Carte, "so firmly to this resolution, that I do not find he was one of any committee to which that matter was referred by the council, until after he was made lord-lieutenant; reserving himself, however, for his particular friends, and such as having adhered to the peace, applied to him for certificates of their behaviour, and for his interposition in their behalf, which he never declined, being always ready to do them all the good offices in his power, as often as occasions offered." The Irish party were wholly unsuccessful in their most especial efforts; and, as we have said, attributing their ill success to the private influence of the duke, they sent one of their agents to remonstrate with his grace. The gentleman who was sent on this errand, conducted himself with such insolence, that he was sent to the Tower, but released on submission.†

The difficulties which arose in the inquiries which followed, and the serious obstacles which presented themselves to any effort at a satisfactory adjustment of claims, so opposite, and attended with so many perplexing considerations, led the king to the determination of sending over a lord-lieutenant. The duke of Albemarle was reluctant to become the arbiter of so many jarring interests and conflicting parties. He expressed to the king his dislike to the post, and strongly urged that the duke of Ormonde alone was competent to the execution of the desired settlement. Unfortunately for the duke, he could not shrink from an office which had upon him all the strong claims of the most peremptory obligation; and on the 6th Nov., 1661, he was declared lord-lieutenant in the council. His own sentiments on the appointment are expressed in the following extract from one of his private letters:-"You are pleased to concern yourself so much in my fortune, as to congratulate with me the addition of honour the king thought fit to place in my family, when he made me duke. The same friendship will dispose you now to condole with me for the very uneasy service he has designed to appoint for me in Ireland, as his lieutenant. In that employment, besides many other unpleasant difficulties, there are two disadvantages proper to me; one of the contending parties believing I owe them more kindness and protection than I can find myself chargeable with, and the other suspecting that

"we wroute é ta a apdommer gave menni soficua à i lane w a. pricemate jersing wis were DIE DHET MCDessed vina DE BISTE f the more The A wise desines were evni vet to joeing, or whs fen enfance n the equity if thAY ELTA were we what the so ma sé ponia feung von meie vi se unout d the suke of Ormonde: an adratmare than no lkey to be 142 244 12 20y other person Mats of a ferur stamp val be KIYARUL VI VÀ more decidedly from party news: and persies wo Costerated in Int affairs were prejudiced aring the Irish. La Dubito public moldan followed the interesse-the provost and Bows expressed their joy in a latin episte; the houses of parliament and convocatam cid the same, by letters and addresses.

In the mean time, the discussion of the Irish settlement ecctioned to be carried on with increasing perplexity and acringy before the council. As it proceeded, it began soon to appear, that the first design of the king's declaration eould not be carried into operation, as it was made under a false assumption, that the lands at the king's disposal would suffice for the satisfaction of all admissible claims: but it presently appeared, that the whole island would be insufficient, and it became an anxious question upon whom the loss should fall. The arguments which were advanced on either side need not be repeated here; some of them are obvious, and some but specious. But among these, one at least was unfortunate for the cause of the Irish party, who were by far the more violent in their entire conduct through this controversy; from pleas of right the parties went on to mutual accusations. The Irish advocates were thus unwittingly betrayed, not merely into offending powerful parties by whose influence the decision might readily be governed, but in fact they thus raised topics which every party in England was anxious and willing to forget, and of which the very discussion was calculated to awaken uneasy apprehensions in the king and his friends. The horrors and atrocities of the Irish rebellion were retorted with all the effect which their recent impression but too well favoured; and the various communications which had been made with the court of Rome, became also a fatal weapon. In reply to several papers presented by the Irish committee, the commissioners of the Irish parliament sent in several writings of this prejudicial nature, and containing "instructions given by the supreme council of Ireland, to the bishop of Ferns, and Sir Nicholas Plunket, their agents to the court of Rome, bearing date, Jan. 18, 1667; a draught of instructions to France and Spain, and a copy of the excommunication published in Jamestown." These papers were, by order of the committee, presented to the king and council, and the king was so violently incensed at their contents, that an order was entered, that "no petition or further address be made from the Roman catholics of Ireland, as to the bill of settlement, but that the bill for the act of settlement go on to be engrossed without any further delay, according as is already concluded; that Sir N. Plunket have notice given him, that his majesty's pleasure is, that he forbear to come into his presence and

appear at court any more; and that Mr Solicitor send all the provisos allowed of by the committee to be engrossed, and that the Irish make no more addresses, and that this be signified in letters to their friends in Ireland." Thus ended the debates in behalf of the Irish; and the bill, which had by these debates been long delayed, to the great uneasiness of the parliament of Ireland, was after the settling of some further provisos finished at last, and being sent over, passed the two houses at the latter end of May.

The Irish parliament appointed Sir T. Jones, Sir Paul Davies, Sir James Ware, Sir H. Tichburne and others, to attend the lordsjustices, and request of them to prepare and transmit a bill, for raising the sum of £30,000 for the Duke, on his accepting of the government, to demonstrate the sense of the kingdom, and in consideration of his "vast losses" in the service of Ireland. The duke's arrival in Ireland was deferred, on account of the approaching nuptials of the king, with the Infanta of Portugal; a match against which the duke had strongly but vainly protested. His objections, together with those of the chancellor and the earl of Southamptom, were listened to by the king in Tom Chiffin's closet, of which so graphic a sketch has been drawn

by the pen of Scott.* They remonstrated with him, on the score of the religion of the princess, and the king replied, there were no protestant princesses fit for him to marry: it was replied that there were princesses enough in Germany, but the king answered in his lively style, "cod's fish, they are all foggy, and he could not like any of them for a wife;" upon this, says Carte, "the duke was satisfied that he would marry none but a Roman catholic." To this Carte adds a curious story of the accident by which the duke had first discovered the secret of the king's religion. "The king had carefully concealed that change from the duke of Ormonde, who yet discovered it by accident. The duke had some suspicions of it from the time that they removed from Cologne into Flanders; for though he never observed that zeal and concern as to divine things, which he often wished in the king, yet so much as appeared in him at any time looked that way. However, he thought it so very little that he hoped it would soon wear off upon returning to his kingdoms, and was not fully convinced of his change, till about the time the treaty of the Pyrenees was going to be opened. The duke was always a very early riser, and being then at Brussels, used to amuse himself at times that others were in bed, in walking about the town and seeing the churches. Going one morning very early by a church, where a great number of persons were at their devotions, he stepped in; and advancing near the altar, he saw the king on his knees at mass. He readily imagined his majesty would not be pleased that he should see him there, and therefore retired as cautiously as he could, went to a different part of the church, near another altar, where nobody was, kneeled down, and said his own prayers till the king was gone." At the period of this occurrence, considerable anxiety prevailed among the king's friends on the subject of his religion: some were of opinion that his open conformity to the church of Rome would have the advantageous effect