ver they were, to the astonishment of all honeft men ; who now perceived, what powerful inftruments their enemies made use of, to accomplish their wicked purposes.

CHA P. XVI.

Ormond's reafons for his oppofition to the Irish confidered.

THE Duke of Ormond affigned two reasons, in excufe for his ungenerous conduct in this particular. First he said, "if he had not opposed the motion for including the Irish in the general pardon, others undoubtedly would; who, by exaggerating their former misconduct, would have excited rather the parliament's indignation against, than commiferation for their cafe." But this reafon has no manner of force. For although the English had heard nothing of the infurrection in Ireland, but what gave them horror, and poffeffed them with the worst opinion of the whole Irish nation, yet his grace could have easily set them right, as to that matter: for, " befides," as Mr. Carte confeffes," his being a witness of every man's behaviour during the troubles, he was well acquainted with all the circumstances of their cafe; he knew what early attempts the most confiderable of their nobility and gentry made to return to their duty; the difficulties they had to ftruggle with in that work; the perfeverance with which they purfued their defign, till they had accomplished it; and the zeal with which, in the late king's distress, they had embraced the peace of 1648." All this, I fay, his grace could have eafily made known to their lordships, in case of the supposed exaggeration of their misconduct, and would have been bound in honour and juftice to do fo; whereas, by his oppofition to the motion for including them in the general

• Walsh's Letter to the Bishop of Ferns, p. 24.

2 Carte's Orm. vol. ii.

general pardon, he gave occafion to their lordships to confider them, as the most criminal of all his majesty's fubjects in that respect, and as meriting peculiar and exemplary punishment.

His fecond reason was still weaker than the first, and is refuted by his own experience. He pretended,3 "that he did not think, that the protestant peers, or commons of Ireland, or even the very catholic Irifh, would be concluded by, or content with an act of the English parliament," viz. An act granting their pardon, and thereby putting them in a capacity to be restored to their eftates! His grace could not, ferioufly, have meant, that either the proteftant peers or commons, or the catholic Irifh, would have deemed an act of the English parliament infufficient for the purpose of their restitution; because it was notorious that he himself was reftored to his lands in Ireland, by an act of the English parliament; and particularly, that one Blackwell was difpoffeffed of his grace's large eftate at Killcafh, in virtue of it."

5

4

CHAP.

H 2

3 Walsh, ubi fupra.

+ Cart. Orm. vol. ii. f. 398. Id. ib. vol. ii. f. 392.

"The parliament of England had reftored the Marquis of Ormond to his eftate; in confequence of which feveral adventurers readily refigned their poffeffion; but for the due execution of the act in all parts of Ireland, the king's letters were neceffary." Cart. Orm. vol. ii. f. 218.

"There was an act of parliament paffed (in England) with the confent of all parties, that he (Ormond) fhould be presently reftored to all his estate (in Ireland), which was done with the more ease, because the greatest part of it (for his wife's land had been before afligned to her in Cromwell's time, or rather in his fon Harry's) lay within that province (Munster), which Cromwell out of his husbandry, had reserved for himself, exempt from all title or pretence of adventurer, or foldier. What other part of his estate either the one or the other was poffeffed of, they very willingly yielded it up to the marquis, in hope of having recompence made them in other lands." Clarend. Life, vol. ii. p. 197.

1

CHA P. XVII.

The Earl of Orrery abuses the king's confidence, with refpect to the fettlement of Ireland.

HI

IS majefty's declaration before-mentioned, for the fettlement of Ireland, (which comprehended every foot of land in the kingdom) ordained, that about five hundred Irish gentlemen therein named, who had faithfully ferved him abroad, should be restored to their estates; but not until land of equal value was found, to

reprize

* In order to enhance the merits, and confequently the rewards, of those said to be in the English intereft, the first act of fettlement fets forth in the preamble," that the Irish rebels were conquered by his majefty's protestant subjects, in his abfence." These Irish rebels, when they were conquered, fought under the command of the Marquis of Ormond, his majesty's lord lieutenant of Ireland, and afterwards under the command of the Lord Marquis of Clanrickard, his majefty's lord deputy of that kingdom. And those proteftant fubjects who conquered them, were Cromwell, Ireton, Axtel, Hewetfon, Jones, Broghill, Coote, &c. who, indeed, vigorously pursued these Irish rebels, because they conftantly denied the authority of the pretended commonwealth, and unalterably adhered to the interefts of Charles Stewart (as these his majesty's proteftant fubjects were, in that time of conqueft, always wont to call him); it was in confequence of this act, which establishes it as a fundamental law, that the Irish rebels were conquered by the English proteftant fubjects, that commiffioners were appointed by his majefty to decide the claims of the Irish, in pursuance thereof." Sale and fettlement of Ireland.

The claim of the adventurers was founded on an English act of parliament 17° Caroli, by which all those who had lent money towards carrying on the war against the Irish, should upon their being fubdued have a certain portion of their forfeited eftates conveyed to them. By the fame act it was provided, that the money fo lent should not be applied to any other use but that of the Irish war. Yet, "fcarce was there one hundred thousand pounds thus raised, when the fame parliament, contrary to its own act and engagement, caused it to be laid out for the setting

forth

reprize the Cromwellian adventurers and foldiers, who then had poffeffion of them. It also ordained, that fuch of the Irish as had never infringed the articles of the peace, concluded between the Marquis of Ormond and them in 1648, fhould be reftored upon the fame conditions. But the king had already difpofed of fo great a part of the kingdom in gifts to the English and Irish favourites (fome of whom had been acceffaries in his father's murder), that the order for reprisals was abfolutely impracticable; on which account the adventurers and foldiers ftill continued their ufurped poffeffion; 1 66 "although many of them, in respect of their notorious and opprobrious actions against the crown, throughout their whole employment, and of their expreffing even after his majesty's return, how little they were fatisfied with the revolution, were univerfally. odious, both in England and Ireland."

c

forth their army under the command of the Earl of Effex, then ready for its march, against the king at Nottingham." Borl. Hift. of the Irish Rebel. f. 121.

The foldiers, who were to be reprized with lands of equal value, had constantly fought for the ufurpers against the king; and were thus to be rewarded for that fervice. "They were, (fays Mr. Carte) for the most part, anabaptists, independents, and levellers." Orm. vol. ii.

Although the king himself had confeffed in his declaration, which was to be the foundation of these acts of fettlement, "that the estates and poffeffions, which the adventurers and foldiers did then enjoy, if they were examined by the strict letter of the law, would prove very defective, and invalid, being no ways pursuant to thofe acts of parliament upon which they are pretended to be founded." See that Declaration,

"If (fays Ormond on this occafion) the adventurers and foldiers must be fatisfied to the extent of what they suppose intended for them by the declaration; and if all that accepted and constantly adhered to the peace (of 1648) must be restored, as the fame declaration seems also to intend, there must be new discoveries made of a new Ireland; for the old will never serve to fatisfy these engagements." Cart. Orm. vol. iii. f. 349.

2

d

The Earl of Clarendon, who was thoroughly acquainted with the conduct and intrigues of this fettlement, informs us, that his majefty was led into this mistake by a very pofitive affurance from Lord Orrery, who was believed to understand the state of that kingdom very exactly, that there was land enough to fatisfy all the foldiers and adventurers; and that there would. be a very great proportion left for accommodating the Irish very liberally." But his lordship, at the fame time, made use of every finifter means, for his own private advantage, to reduce that proportion to nothing.or

For, "believing he could never be well enough at court, except he had courtiers of all forts obliged to him, who would therefore fpeak well of him in all places and companies, he recommended to many of them divers fuits for fuch lands, as by forfeiture, or otherwife, fhould come to his majefty; although he knew that his majesty had refolved (and that by his lordship's own advice) to retain thofe lands in his own power, to the end that, when the fettlement fhould be made, he might be able to gratify thofe of the Irish nation, who had any thing of merit towards him, or had been leaft faulty. His lordship often, even fent certificates to thefe courtiers under his own hand, of the value those fuits might be to them, if obtained; and of the little importance the granting them would be to his majefty; which having been fhewed to the king, difpofed him to those conceffions, which otherwise he would not so easily have made."

CHA P.

Clarend. Life.

3 Id. ib.

+ Id. ib.

This earl (fays K. James in his Memoirs) was famous for changing parties fo often, and for making a speech to Cromwell to take the title of king; his tongue was well hung, he had fome good parts, and he was reckoned fo cunning a man that no body would truft him, or believe what he faid." Macpherf. Orig. Pap. vol. i. p. 43.