undeniable authority. His grace's continued filence under them for more than thirty years, that he furvived the publication of this anfwer, is the more wonderful, on account of his folemn atteftation of the facred name of God, in the conclufion of his book, "that he had not mifreprefented or aggravated any thing therein, in prejudice to any body, or out of favour or affection to a party; or infifted on fuch particulars as might seem to ferve no other purpose, but to make his adverfaries odious." CHA P. III. Particular facts related in Archbishop King's book proved falfe, concerning popish judges and juries. BUT to come now to the test of this folemn attestation; I mean his relation of particular facts. Dr. King tells us,' that no fooner had the papists of Ireland got judges and juries, that would believe them, but they began a trade of fwearing and ripping up, what they pretended their proteftant neighbours had faid of king James, whilft Duke of York, in the time of the popish plot; and that of these protestants, many were found guilty, and exceffively fined; and fome of them imprisoned for their fines, not being able to fatisfy the king, who seized both their body and ef tates." The doctor likewife informs us," "that these popish judges and juries connived at a wicked contrivance, which was discovered to the very bottom, in the county of Meath, to carry on this trade of fwearing against all the proteftant gentlemen in the country. But unfortunately for Dr. King's credit, as an hiftorian, that eminent and zealous proteftant nobleman, Henry State of the Proteftants, &c. p. 75. 2 Ib. p. 76. Henry Earl of Clarendon, lord lieutenant of Ireland in 1685, has left us a very different account of the behaviour of these popifh judges and juries, on that occafion. He tells us, "that when these popifh judges went to the aflizes in the county of Down and Londonderry, where many confiderable perfons were to be tried for words formerly fpoken against king James,' they took as much pains as it was poffible, to quiet the minds of the people, wherever they went; and that they took care to have all the juries mingled half English half Irish." And particularly with refpect to the county of Meath, where Dr. King tells us they principally connived at this wicked trade of fwearing, his lordship adds, "that Judge Daly (one of these L 2 3 State Let. Dub. ed. vol. i. p. 326. b 4 Ib. popish "All the Irish proteftants," fays Mr. Lefley," speak exceeding good things of Lord Clarendon. They never parted with any chief governor with fo much regret; and, as I have been told, none courted him more than Dr. King, who was admitted one of his chaplains." Anfw. p. 132. "If," His lordship himself fufpected, that he was recalled from the government of Ireland, on account of his religion. fays he, "my being a proteftant be the cause of my ill ufage, I am fo far from being troubled, that I look upon it as a great honour to be found worthy to fuffer for my religion." State Lét. vol. ii. p. 158. Harris informs us," that he was fo much depended upon by the proteftants of Ireland, that after the Prince of Orange's arrival in England, they made all their applications to him, through his lordship." Life of K. William, f. 187. That the Roman catholics of Ireland did not think him partial in their favour, appears from one of his excellency's letters from Waterford, September 12th, 1686, wherein he fays, "Lord Tyrone came to fee him there, and had continued with him all the time of his being there; but that not one of the other Roman catholic gentlemen had been with him. And that none of the Roman catholic inhabitants of that city (though there were there fome pretty confiderable merchants) had taken notice of him." State Let. vol. i. p. 402. Lord Clarendon, in a letter to Lord Sunderland, has the following paffage: "It is thought fit I fhould recommend men. to fome towns (where it is doubted the election may not be good) popish judges) did, at the affizes of that county, enlarge much on the unconscionableness of indicting men upon words spoken fo many years before; that he told the jury, that most of those then charged before him in court, could give a good account of themselves, and were well known in the countries where they lived, and that thereupon the juries, the major part of whom were Irish, acquitted them;" that Mr. juftice Nugent (another popish judge) "made the fame declaration at Drogheda, where several perfons were tried for words, upon bills found at the former afflizes; and that they were all acquitted, except one man, who was found guilty and fined five pounds." 7 But who would fufpect this impartial writer to have known, while he was committing thefe falfehoods to the prefs, that Lord Clarendon had, by king James's exprefs command, published a proclamation, fo early as July 1686, (the popifh judges were made only in April preceding,)" forbidding all profecutions of that kind; and ordering, that no perfon fhould be accountable for any words spoken against his majesty, at any time before his acceffion;" which proclamation his excellency immediately fent off to the judges, then on their circuits. Yet thefe known facts, Dr. King has difingenuously fuppreffed; for no body, I think, will have the hardiness to pretend, that he, who was one of his lordship's chaplains, and a bufy enquirer into all the tranfactions of that time, could poffibly be ignorant of a matter fo notorious as this proclamation must have then been in every part of Ireland. 5 State Lett. Dub. ed. vol. i. p. 326. CHA P. • Id. ib. p. 324. good) for mayors, and fheriffs, and for common-council-men: in fuch cafes I advise with those who are beft acquainted in these towns; particularly with justice Daly, and others of the king's council of that perfuafion; and the lifts of names thofe men give me, are always equal, half English half Irish; which, they fay, is the best way to unite, and make them live friendly together." State Lett. vol. ii. p. 319. CHA P. IV. The execution of Captain Ashton. a THE hanging of one Captain Ashton for murder, is another of Dr. King's inftances of the cruelty and injustice of these popish judges and juries. "The papists," fays he, "might kill whom they pleased, without fear of the law, because they had popifh judges and juries on their fide; but if any killed or hurt them, they were fure to fuffer." And then he complains, that Ashton was hanged for killing a papist; who, he says, "abufed his wife in the street." What the nature of the abuse was, or whether it was by words or actions, he does not inform us; from whence we may probably conclude, that it was not of a very heinous nature; and that the doctor would infinuate, that the killing of a papist, though but upon a flight provocation, ought not to be punished, as a capital offence. State of the Proteft. p. 47. But There is a paffage in Lord Clarendon's letters, which demonftrates a very different difpofition in these popish judges towards proteftants, from what Dr. King has imputed to them. 66 Upon a full hearing," fays his lordship," at the councilboard, there was a complaint of the commiffioners of the revenue proved against a juftice of peace, who had discountenanced a collector of the excife in the execution of his office. When the board came to deliberate what to do, this," adds his lordship, "is remarkable, that feveral of our new Roman catholic counfellors, though the juftice was an Englishman, and a proteftant, were for putting off the business, and particularly the three new (popifh) judges faid the gentleman would be more careful for the future." State Lett. vol. i. p. 292. His excellency also takes notice of the fingular modefty of thefe popifh judges, when they were made privy counsellors; and fays, "they were almost out of countenance on that occafion; that they thought it would bring envy upon them, when it was not needful; they being, every way, as well qualified to do the king all poffible fervice, without the burden of that honour." Ib. 231. But we find that Lord Clarendon, in whofe time it happened, thought very differently of this affair. For his lordship informs us, that at that gentleman's trial,2 care was taken to have a good jury; but that they brought him in guilty; that great interceffion was made with himself in his behalf; but that, in good earnest, the fact was fo horrid, and fo fully proved, and the captain had fo little to fay for himfelf, that he did not think him a fit object of the king's mercy." His lordfhip adds, "that the pannel was made up of the best men in the city; that is," fays he, "men of the best reputation and credit, without regard to religion; and that there were as many of the one perfuafion as of the other returned; that the captain excepted against as many of the jury as the law allowed him, who were all Roman catholics; but that the reft, who were very honeft men, regarded nothing but the evidence and their oaths." 3 Even Chief Juftice Nugent, a papist, and one of the judges before whom this unhappy man was tried, and to whom Dr. King has been pleased to give a most profligate character, had been with his excellency, and defired he might intercede with his majefty, that he would be pleased to beftow the captain's eftate upon his wife and children," Which, for any thing I have found to the contrary appears to have been done. CHA P. V. The affair of the Quo-warrantos against the corporations not truly stated by Doctor King. BUT these popish judges, not content with taking away the lives and properties of proteftant individuals, confpired, it feems, with the popifh lawyers, to deftroy whole corporate bodies, by iffuing quo-warrantos against their charters; although (if we believe Dr. King) 3 Ib. 2 State Lett. p. 196. 4 Id. ib. p. 204: |