CHA P. XXIII. An enlargement of time for hearing all the claimants, by whom hindered. HIS' majefty, 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 furprised 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 difpatch concerning his majesty's letter of the 21ft 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 majesty with their opinion thereupon, and that his majefty had accordingly commanded him to fignify to their lordShips, that it was his majesty's pleasure, that his faid * State Lett. 4 letter State Lett. Collect. by Brown, p. 356. 3 Id. ib. + Id. ib. letter of the 21st of February should 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 absolute 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; 3 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. પ 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 wishes of the commons." Id. ib. Thefe commons, as we have seen, "were, for the moft part Cromwellian rebels, independents, anabaptifts, and levellers; and, by the appointment of the regicides, actually poffeffed of the eftates of the Irifh." Lord Arlington, in a letter to the Duke of Ormond, June 27th, 1663, fays, "As for the letters granted by his majefty for reftoring 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 arife from them, his majefty refolves to be very tender of granting the like for the future." State Lett. by Brown, p. 290. "Thus every one remaining of those numerous claimants, whofe caufes 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 justice 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 himfelf.". • Walsh's Hift. of the Irish Remon. f. 568. The e" 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 himfelf 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 Deferter, &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 fatisfied all the English interest of Ireland, and have fettled the proteftants and well-meriting natives of that kingdom in peace; whereas now his majefty, 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 cftate." Id. ib. Although this explanatory act was fo contrived, as fully to anfwer all the predatory purposes of it, yet the commons thinking the tenure of their ufurped poffeffions still infecure, petitioned his grace for a further explanation of fome parts of it; and particularly of the vefting claufe," for by that claufe (they fay) they find fuch lands are vefted in his majetty, as have been fince the 23d of October, 1641, feized, &c. by reafon 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 thefe words, By reafon of, and on account of, the rebellion or war, whether it be not neceffary for the making out of his majefty's title by the faid 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 fome cafes, have taken the liberty to find verdicts wholly contrary to the fcope 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 majefty's proteftant fubjects may be put upon the neceffities of making fuch proof, as by the preamble of the faid former act feems porations throughout the kingdom with a fet of people of his own ftamp, it is easy to account for the strength and prevalency of that party in the house, which laboured to make good all the eftates of the adventurers and foldiers, how guilty foever, and refused to hearken to any reasonable propofal, in favour of the old proprietors, however innocent." But even this favourable compofition of the house of commons did not content thefe ftate harpies. In order to have the dividing the spoil of the nation enVOL. II. tirely G Some time after the lords came down to the free conference, and they being fat, the committee of the commons took their seats behind their lordships, and as they were opening the free conference, their lordships whispered to each other, and immediately thereupon told them they could not admit of that posture, and wondered they infifted on that point. After which they rose, saying they would communicate what paffed to the house of lords: being afked by the commons if they should stay for their lordships return, one of the lords (Earl of Drogheda) looking back towards them, faid, " they had a mind all to be lords." Whereupon one of the commons (Capt. Molyneux) answered, why may not another rebellion make fome of us lords as former rebellions did make fome of your lordfhips predeceffors fo." At length the black rod came and acquainted them from the lords, that they intended not to return to the faid free conference. Id. vol. ii. f. 518-19. The lords on this occafion made a refolution not to meet the commons in any conference, till the commons made reparation for the affront, in fitting before them; and they kept their refolution during that parliament. Id. ib. vol. ii. "Although his majesty in his letter to these lords juftices of the 11th of March preceding, ordered them to fee Sir William Domville (an honest and loyal gentleman) fettled speaker of this houfe of commons." (Orrery's State Lett. p. 34.) Yet Sir William not being thought a favourer of their defigns, they found means to fix Sir Audley Mervin, a Cromwellian and covenanter, in the chair." Ib. Orrery, in a letter to Ormond at this time, betrays their thoughts of this parliament's infufficiency for their predatory purpofe. "I writ my poor fenfe to your grace, fays he, how fit it might be, that after this parliament had done what it was requifite for them to do, an unqueftionable one might be called to confirm all; which I rejoice to find, was alfo my lord chancellor of Ireland's fenfe, and is fo well liked by his majefty, your grace, and my lord chancellor of England." State Lett. p. 68. 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 confcious, 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 Caftlehaven witneffeth,s they had fealed and confirmed with the blood of more than twenty thousand of their best men, who loft their lives to maintain it; refufing, in the mean while, all offers of peace, and that to the very last, from the English parliament." e 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 majefty, (1648) who was prefent; by both which they said, 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 7 See that Declaration. Acts of Settlement. he • i. 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 refufed by, the confederates, as were agreeable to a conquering army to give (fuch as that of the ufurpers then was) to a broken fcattered 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 stay in the kingdom." Hift. of the Irish Rebel. f. 385-6. |