A Defence of the Present Settlement in IRELAND. BY a LETTER pretended to be written from COVENTRY, dated the 26th. of October, 1686. and several other Papers, which have been carefully dispersed by some Persons; who seem disaffected, that the British are Possessed of so many Estates formerly belonging to Irish Proprietors, and with the Present State of Affairs: 'Tis apparent, That there are Those that endeavour, as much as in them lies, to break the Settlement of that Kingdom of Ireland; from which His late Majesty reaped more Profit, than all His Ancestors before Him ever received from that Island: And England has been eased of those great Expenses of Blood and Treasure, that the frequent Rebellions of that Kingdom did formerly occasion. And although I do not imagine, That any Suggestions, how confidently soever ●●serted, will be able to divert our Sovereign from the Rules of Justice, or the Interest of His Crown: Yet I think it reasonable, for the Satisfaction of Those to whom that Share I have in Ireland may come, to set down what I know of that Settlement, whilst fresh in Memory; that they may hereafter understand upon what Foundation their Title is built; and endeavour (and that without Scruple) by all lawful Means to Enjoy and Defend It. I intent no Reflection upon any Particular Person; nor can I, without Trouble, mention the Sad Accidents, which happened between the Years 1640. and 1660. in Ireland: Were I not forced to it, I should esteem it indecent to use the term IRISH REBELLION; but 'tis now made necessary: Let the Blame therefore lie on Him that gave the Occasion. However, I shall not offer any Thing, but what I Know, or have good Reason to Believe True; and no more of That neither, than is Pertinent. The Question then being, Whether it be Reasonable, at this Time, to break the Settlement of Ireland? The Justice of it will first fall under Consideration. In the next place, Supposing some Objections might have been made to the Settlement at first; Whether, at this Time, they can be justly harkened to? Lastly, I shall make some Observations on the Coventry-Letter, and the Pamphlet from which the AUTHOR of that LETTER deriveth many of his Arguments; called, A Narrative of the Sale and Settlement of Ireland. To prove the Settlement Just, which is Founded upon the Forfeiture of a considerable Part of the Land of that Kingdom; it will be necessary to show, That there was a Rebellion in Ireland, which began the 23d. of October, 1641. and that almost general. I. First, For this I shall offer (as the best Proofs that can be produced) several Acts of Parliament; as the Four Acts of Parliament Passed in England, 17 0. Car. I. where this Rebellion is declared, in the Judgement of that Parliament, so general, that many Millions of Acres would be Forfeited by it: The Act of Settlement, which is a brief Narrative of the Rebellion therein, styled almost National; The Confederates being Represented in a General Assembly, Chosen by Themselves, and Acting by a Supreme Council; Exercising the Power of Life and Death; Making Peace and War; Levying and Coining Money; Treating with Foreign Princes, for their Government and Protection; and Acting under a Foreign Authority: Which are the Words of the Act; not Words of course, but of certain Truth; as many could well remember, that were living when the Act was agreed upon: And the Irish Agents then disputed all particulars, where they had the least pretence of Denial; yet these things were made good to their Faces, and by the late King, directed to be inserted as the Foundation of the intended Settlement. The Act likewise that passed the 14 of King Charles the Second, Cease. 23. For the keeping the 23. of October 1641. To Seize the Castle and City of Dublin, and all other Cities in the Realm; To cut off all the English in that Kingdom; and to deprive King Charles the First of His Crown and Sovereignty. Secondly, The Irish do acknowledge, that there was a Cessation, a Peace made 1646, and another in 1648. between Them and King Charles the First, or those Authorized by Him: Doth not this necessarily Imply a War? and what is a War, by Subjects managed against their lawful King, but a Rebellion? These Transactions were in the Names of the General Assembly of the Confederate Roman Catholics of Ireland; which comprehended the whole Nation: And if any of the Irish Confederates declared themselves against this Assembly, as not included in it, let those that know them, Name them for their Eternal honour. Thirdly, The Rebellion was so General, that in seven Counties of the Kingdom, by the beginning of the Year 1643, there were 3000, Outlawed for High Treason; In eleven other Counties, there were at least 3000 Outlawed for their Rebellion; but the Power of the Rebels was so Great, that they could not be Outlawed: And as for the whole Province of Gonaught, the Counties of Tippeary, Limerick, and Kerry, and the rest of the Kingdom, the Defection was so Universal, that the King had neither Sheriffs, Coroners, nor any other Ministers of Justice, to proceed against the Delinquents. Fourthly, The Oaths of Association, That the General Assembly, and Supreme Council, obliged persons within their Power to take, directing them to be Administered by the Clergy in every Parish, could not but Involve all that lived within their Quarters (which, first or last, were almost over the whole Kingdom) in an equal Gild, unless preserved by Miracle: And if there be any such, the Naming of them would give the World much Satisfaction. Certainly, from these Particulars considered together, we may be satisfied of the Truth of that Expression in the Act of Settlement, That the Rebellion spread itself universally over the whole Kingdom. I shall say nothing of the Barbarous carriage of the Irish, at the breaking out of the Rebellion, to persons that had given them no Provocation, which appeared by several Examinations taken upon Oath by virtue of the King's Commission, when things were fresh in Memory. This only may be desired from those who deny any of the Relations published of those Cruelties, to name the Places where any of the British were permitted to Live in Irish Quarters; before the Cessation; but were Murdered, or utterly Ruined. Many have been Inquisitive, but could never hear of any one Family that escaped them unhurt, unless they joined with them; except some few that were Protected by the late Earl of Clanriskard. The Rebellion being so heinous and general, as appears by the above Proofs; It clearly appears, that the Lands forfeited by the Rebels, might justly be disposed to others. That English Kings have disposed of Lands forfeited for Treason, hath been every where so common, but in England especially, is a matter so well known, that it needs no Evidence. The King by the Law hath an absolute Right in such Lands, which he may give as he thinks fit; but those that were in Possession of those forfeited Lands in Ireland, at King Charles the Seconds Restauration, had this, besides the King's mere Favour, to offer for themselves; That they had been very Early in appearing for His Return: That they had without Conditions, delivered the Kingdom into His Hands: That some of them had adventured their Money, others their Lives, to obtain the Possession, which they so readily (without any Capitulation) submitted to His Will. The Adventurers also, by Four Acts of Parliament made in England, 17 Car. I. yet in Force, had a Just Right to a considerable Satisfaction upon these Laws: They had Advanced at least 300000 l. yet have in their Possession but a small part of what was intended them; for had the Acts of the English Parliament been pursued, and they not obliged to a Retrenchment of a Third Part of their Debt, to the Payment of a Years Value, to the chargeable passing of Courts of Claims and Letters Patents, to none of which they were subject by these Laws, their satisfaction had been four times as great as now it is. It hath been Objected by some, That part of the Money Adventured, was misemployed by those in Arms against the King in England: To which may be truly Answered, That vast Sums of Money, much more than 300000 l. Adventured, had been sent out of England, towards the stopping of the Rebellion, even before the Cessation; and that the Adventurers could not call the then Parliament of England to Account how they then disposed of their Moneys, the King having left the Mannagement of the War of Ireland to Them by the Act of the 17 Car. I. 'Tis further apparent, That the earnest endeavours of King Charles the First, to suppress the Rebellion, was that which gave most Encouragement to persons who adventured their Money; from this, That after his leaving the Parliament, nothing considerable could be Levied upon this Pretence, though much more favourable Conditions were offered. Others except against the Adventurers satisfaction as not set out pursuant to the English Acts: to which may be returned, That none Suffered by that, but themselves; for by these Acts they were to have had Bogs, Woods, and Barren Mountains, cast into the Measurement. The Quitrent to have been paid to the King, was not to have been near so much as now it is; They were to have had more Acres by a Third part, than now they enjoy; every Adventurer, upon drawing his Lott, should (without Claim, Letters Patents, Payment of a Years Value, or any other Charges) have been Seized by virtue of an Act of Parliament of his Proportion, which, if it consisted of 1000 Acres, or more, it might have been erected by him into a Manner, with extraordinary Privileges; They had a Just Right, and there was no other way to come by it. Certainly, there was as much reason to confirm This, as any Judicial Proceed in the Usurper's Government. And the King and Parliament, in the Act of Oblivion that Passed in 1660, are of this Opinion; for there they declare, That, that Act shall not enure to restore to any Person (except the Marquis of Ormond, and the Protestant's of Ireland, etc.) any Estate in Ireland disposed of by both or either House of Parliament, or any Convention, etc. or any Person deriving Authority from them. There are others of the British, that have had satisfaction by these Laws. The Military Officers, that had faithfully Served the King in that Kingdom before the 5th of June 1649, the Persons against whose Loyalty there could be no Objection; many of them left their Wives and Families in a Miserable Condition, that they might go into England to the Assistance of King Charles the First; where several of them lost their Lives in His Service, and the rest, upon all occasions, appeared for the Royal Interest, and never received any Satisfaction in Lands or Money, until King Charles the Second, of his own Justice and Bounty, gave it them by the Act of Settlement: These Men were sifted with the greatest Care, and all excluded that had Betrayed any Towns in Munster, or done any Service to the Usurper. Having now shown that there was a Rebellion in Ireland, by which much Land was Forfeited, which was disposed at the King's Pleasure, and that the Persons that were in Possession of the Forfeited Lands, at the Restauration of King Charles the Second, had fair pretences to have grants of the King's Tithe. In the next place, I should Prove that the Acts of Settlement, by which part of these Forfeited Lands were passed to Adventurers, Soldiers, and others of the English Nation, are for so much as concerns these new Interests, agreeable to the rules of Justice. But first, It will be necessary to Answer an Objection they Stated. Suppose (Say the Advocates for the Forfeiting Irish) there were such a Rebellion as is Pretended: Yet thes Confederate Catholics in the Year 1643, made a Cessation with King Charles the First, which in 1646, was turned into a Peace, and that followed by another Peace in 1648, Concluded the 17 of January by the Duke of Ormond, by which Article, the 18th, the King Promiseth that an Act of Oblivion should Pass in the next Irish Parliament, to extend to all Persons, Before, In, or since the 14th of October, 1641. By this Article, they say, the King being obliged to Pardon them the Rebellion, could not justly dispose of their Lands as Forefeited. To this, take this following Answer. 'Tis Apparent that the Articles of the Cessation were not kept by they Confederates, they never Paying the 30800 l. nor sending the Succours, they were to give his Majesty, according to Agreement. The Peace in 1646, was so far from being complied with, that these Confederate Catholics soon called a General Assembly that disowned it, Imprisoning their own Commissioners that made it; and sent an Army under Owen Roe oh Neile and Preston, to Attempt Dublin; for clearing of which Particular, I shall refer to the Memoires of James Earl of Castle haven, Sect. 6th. and this further cannot but be taken Notice of, That, that noble Earl acknowledges himself the only Person of the Confederates, that never left the Duke of Ormond in those Adventures, and gave him his Advice for giving up Dublin, etc. to the English Parliament, Induced by this Consideration, that if the Nuncio, and his Party, should have Ireland, it might remain separate from England for ever. That many of the Confederate Roman Catholics broke the Articles of Peace made in 1648, will appear by a Declaration of the Confederate Irish Army, dated from James Town the 12th of August, 1650, (Printed in the Year 1674, in a Book Entitled, The History of the Loyal Formulary, etc. written by Mr. Peter Walsh) by which they absolutely disown the King's Authority, and Excommunicate all that adhere to it, which wrought so with those of their Religion, that many of them cannot be pretended to have continued staunch. But the Objectors will still say, There have been some Persons, and some Corporations, that never broke those Articles, and with what Justice can they be denied the benefit of them? To Solve this, 'tis fit to consider, that the most moderate of the Confederates, would not agree to a Cessation or Peace with King Charles the I. in his necessity; (whereby he might be at Liberty to make use of his British Army, then in that Kingdom in his other Dominions) without Cessations of such a nature as Loyal Subjects would never have required: For Instance. By the 11th. Article they pretended to exclude such Noblemen of the British Extraction, as had Titles in that Kingdom, from Voting in Parliament, unless qualified as they directed. Article the 27. gives the Irish Agents Authority, to Levy considerable Sums of Money upon the Subjects, in an Extraordinary way. By the 28. Article, the Irish Agents are to join with the Chief Governor in Naming of the Justices of the Peace, and the Judges. By the 12. Article, it was to be left to both Houses of Parliament in Ireland, to declare what they thought agreeable to the Law of Ireland, concerning the Independency of the Law of Ireland, upon the Parliament of England; nor would they rely upon the King's Word, but by the 9th Article stipulate, for continuance of an Army of 17500 Roman Catholics: And by Article 29. That all Cities, Towns, Forts, and Castles, in their Quarters, (which then extended almost over the whole Kingdom) should continue in their Possession, until the Artides were passed into Acts of Parliament: This implies an Obligation upon them, so to keep this Possession, as to be ready to deliver it up, when the King performed His Part. But this none of them were able to do, having given up the Cities, and almost the whole Kingdom, to the Usurper; making Conditions for Themselves, but not taking the least notice of the King, or his Authority. The Act of Oblivion the Confederates pretend, (promised them by these Articles) was to pass in the next Free Parliament: Now, how could a Parliament be Free, that was obliged before hand to pass an Act so contrary to the Inclinations of most of the British concerned in that Kingdom? or, How could the King, by the Second Article, promise to call a Free Parliament, and at the same time, by other Articles, determined what the Parliament must necessarily do? The next Free Parliament that Sat in Ireland, after the making those Articles, was that which was called, Anno 13. Car. 2. In this Parliament, an Act of Oblivion for the Confederate Catholics, amongst others, was offered by Directions from the King, but the House of Commons rejected it. It is worth Observation, how far the Breach of Articles, by part of the Confederate Catholics, may Involve the rest, and discharge the King of His Promise against them All. If a Besieged City Article, and Security upon Conditions be promised the whole Garrison; yet if part of the Garrison breaks the Conditions, all forfeits their Security. Besides, King Charles I. before these Articles were entered into, had obliged Himself, not to Pardon those guilty of the Rebellion, but by consent of the English Parliament. King Charles the II. by His Declaration from Breda, the 4th of April 1660, promises the Adventurers and Soldiers, a Confirmation of their Estates, according to their Possessions. And the Parliament of England hath excepted the Irish Rebellion in the Act of Oblivion. To conclude my Answer to this Objection; King Charles the II. was the only Judge upon Earth, how far He was obliged by these Articles; He hath taken notice of them in His Declaration for the Settlement of Ireland; and, after He had heard all Parties, doth Declare, That those that pretend they adhered to those Articles, should not be restered to their former Estates as Innocents'. In which Determination, all good Subjects should Acquiesce. I shall now proceed to Answer the Objections made against the Justice of the Acts of Settlement; but will first show, how they passed in that Kingdom. Neither of the Acts were drawn up in the Parliament of Ireland; nor could they by the Constitution of that Country; they were drawn, as advised in England, by the direction of the King in Council. Nothing passed without the knowledge of the Agents for the Irish, who were looked upon as Men of the greatest Ability for Parts and Interest of that Nation; and had a Gratuity of Threepences per Acre allowed them, out of the Roman Catholics Estates; those were permitted to Dispute every thing they could Object to in the Acts, and not overruled but by the King in Council, upon apparent reasons. When the Acts came into Ireland, they could not admit of the one Word of Alteration, and so they passed the Parliament; out of which, no Man was excluded for being a Roman Catholic, nor no Elector of Parliament-Men was refused upon that account. Object. I. The first Objection then against the Act of Settlement is, That the Qualifications appointed by them for the Trial of Innocents', were unreasonable. Answ. The Qualifications were these; That no Person was to be restored as Innocent, that before the Cessation, made 15. Sept. 1643. was of the Rebel's Party; Nor any, who being of full Age, and sound Memory, enjoyed their Estates in the Rebels Quarters; Nor such as entered into the Roman Catholic Confederacy, before the Peace concluded in 1648. Nor such as adhered to the Nuncio 's Party. Nor such who derived their Estates from Persons who Died guilty of the aforementioned Crimes. Nor such as Pleaded the Articles of Peace for their Estates. Nor such as (being in the King's Quarters) had correspondence with his Enemies. Nor such as before any of the Peace's made in 1646, or 1648, Sat in any of the R. C ' s. Assemblies or Councils, or acted by Commission or Power derived from them. Nor such as Impower'd Agents to Treat with Foreign Princes, to bring Forces into Ireland, or acted in such Negotiations. Nor such as were Tories before the Marquis of Claurickard 's leaving the Government. These Qualifications were, in the King's Instructions, sent over to the first Commissioners, for putting His Declaration of the 30. of November 1660. in Execution; which Instructions, together with the Declaration, were after passed as part of the Act of Settlement. No Man yet hath been so confident as to deny, but that a Person guilty of any of the Offences mentioned in these Qualifications, might justly be esteemed a Rebel, unless in one particular, and that is, in the Enjoyment of an Estate in the Rebels Quarters: But to this is Answered, That by the express words of the Act, those are excepted out of this Qualification, that could not with safety live amongst the English, and it may justly be presumed, that none would choose to inhabit with the Confederates, that were not of their Party. Besides, the Commissioners for Trying the Innocents', were so favourable, that there cannot be any Named that were Nocent, barely upon this Qualification. The Confidence of such is Wonderful, who pretend they have lost their Estates merely for their Religion. The Usurpers indeed, when they first dispossessed them, did esteem the Rebellion so Universal, that they accounted all the Roman Catholics of the Kingdom, to have been of the Irish Confederacy, yet were they not so Barbarous, but appointed Commissioners to inquire, if there were any Innocents' amongst them; who finding some, that they thought were not guilty of the Rebellion, the Usurpers, either continued them in the Possession of, or restored them to their Estates, by the Name of Constant, Good, Affectionate Men, a Title well known in that Country. 'Tis certain, that neither these Qualifications, nor the Act of Settlement, nor the Proceed of the Commissioners for restoring of Innocents', have given the least reason for any Roman Catholic to affirm his Estate hath been taken from him for his Religion, unless he say, he engaged in the Rebellion upon the Principles of his Religion, which is hoped no Man is so Wicked, as either to speak or think. Besides, if the Temper of many of the Irish Nation, in the Parliament that Sat in that Kingdom in 1641, be considered, and how they flew in the Faces of the Judges and English Government; and if the Articles, that from Time to Time they Proposed to the King, after they had taken up Arms, be looked upon, it will be clearer than Day, that their Designs were Temporal Advantages, and the driving the English Planters out of the Country, covered over with a Mantle of Religion. Object. II. A Second Objection against the Act of Settlement, is, That a multitude of Innocents' are barred by them, whose Claims had not sufficient Time to be heard. Answ. If by these Innocents', are meant such as were not Born when the Rebellion began, or were hindered by want of Age, or from some inconvincible Weakness, from being concerned in it, whilst it lasted. 'Tis probable, there were a great many such Innocents': But, to what purpose should they be heard? it not being upon their account that such Lands were forfeited; there is nothing taken from them: Those they would derive from, had forfeited before they had any Title. But it is possible, there are no Innocents' unheard, that had any Title (in 1641, when the Rebellion broke out) in the Lands disposed of by these Acts; or, if there are, it hath happened through their own Defaults. Doubtless, there are but few now living, that were Men in 1641; if there be, I would be glad to see a List of those Innocents'. Some indeed, since King Charles' Restauration, might have had an opportunity of trying their Innocency, being accused of Treasons, Murder, and other Misdemeanours, had not Letters been procured from his late Majesty, to cease all Prosecution against the Irish, for such Crimes as were Committed during the Rebellion, Is it reasonable to be desired, that the Persons, who now enjoy the Estates the Irish pretend to have belonged to their Ancestors, should prove the Rebellious Actions of private Men, committed almost 50 Years ago? In the year 1662., when the Act of Settlement passed, it had been difficult to have made out their Gild, had it not been very Notorious. But now it is absolutely impossible, considering what the Act of Settlement informs the World, (viz.) That several means, for many Years together, had been used to Murder such Witnesses, suppress such Evidences, and to vitiate and imbezle such Records and Testimonies, as might prove the Gild of particular Persons. I believe the common Estimate Men make of the Number of Irish Proprietors in 1641. (from whence they conclude many Innocents' unheard) is a great Mistake: To rectify which, I will insert the Number of all the Irish Proprietors in and about the Fourth Part of that Kingdom, as I find them carefully returned on Record: Proprietors in 1641. Outlawed, and Indicted for the Rebellion, in the same County; In Meath, 380. 409. In Westmeath, 344. 362. In KING's County, 194. 554. In QVEEN's County, 132. 118. In Down, 80. 534. In Armagh, 24. In Antrim, 214. To all whose Estates, but Ninty-One, or thereabouts, the Marquis of Antrim, and his Lady, were Restored. By this Account, which (for the Counties named) is True, (only some of the most considerable Proprietors are Returned in several Places, and some of them are likewise Outlawed more than once) it appeareth, there were but few Landed Men in Ireland: And further, That in the first Five Counties, where the Rebels could in any manner be Proceeded against, Seven Hundred Ninety Nine were Indicted, or Outlawed, more than the full Number of the Proprietors amounted to. There were Two Commissions Issued out by King Charles the Second, for the Restoring of Innocents'. The First was upon the King's Declaration, dated the 30th. of October, 1660. Although these Commissioners sat several Times; yet not above Two or Three of the Irish Nation ever ventured to make out their Innocence before Them. The Second Commission was granted to Persons, upon whose Nomination the British in Ireland cannot pretend to have the least Influence. Though They were as favourable to the Irish Nation, as They could, with any colour of Justice, must be allowed; yet the Irish were so severe to the English, that They complained of Them to the Parliaments both of England and Ireland. The Commissioners published Rules, dated the 22th of October, 1662. by which they declared in what Order they would hear the Pretenders to Innocency, in the several Counties of Ireland: But these Innocents' had then so ill an Opinion of Themselves, that not many of Them, after much Delay, durst come to Trial. The First Public Sitting upon this Commission, was the 13th. of January, 1662. and so few were there then ready, (although the whole Proof was put upon the British) that in the First Month there came on but Forty Five; amongst which were several English Protestants; and of the rest, Seven declared Nocent, and Dismissed. In the Second Month there came on Sixty to Trial; of which Seven were Nocents, and Dismissed. In the Third Month came on Eighty Five; of which Five were Nocents, and Dismissed. By this Time several of the Claimants (as hath since fully appeared) had contracted with Men of Interest, to carry on their Claims; and had contrived Settlements, whereby they might avoid Prejudice from the Gild of their Ancestors: So that many ventured with more Confidence; and Six Hundred and Thirty Claims more were heard in the remaining Five Months, that the Commissioners sat; of which many belonged to Protestants; and several were declared Nocent, and Dismissed. It is further observed, That the first Claimant was declared Nocent. That of those declared Innocent, there were about Eighty of the most considerable for Quality and Estates, who derived their Titles from Persons acknowledged to be Guilty of the Rebellion by the Settlements; concerning many of which, it may be said truly, That they were not in common Method. I shall come to the latter part of this Objection, That there was not Time enough for all Innocents' to bring on their Trials; although, by what hath been said before, it is apparent, they had much more Time than they made use of; yet this is further to be offered: At the King's Return in 1660. a considerable part of the Kingdom of Ireland was to be Settled: Matters of such Weight cannot admit of long Delays; all Persons agreed, That Innocents' were first to be restored; there must be a fixed Time for their Restitution, all other Interests being obliged to attend it. All that knew those Times, and how universally the Rebellion had spread itself, knew there could but few pretend to Innocency: Those that were really so, or hoped the contrary could not be proved, were earnest to be in their Estates; and therefore, at the desire of their Agents, the first Period for the Restitution of Innocents', by the King's Declaration, dated the 30th. of Nou. 1660. was the second of May, 1661. This gave them but five months' Time: And the first Commissioners proceeded the next day after the day of the Declaration, which is three Months less than afterwards made use of. The next Period was to the first of August, 1662. and that was at the desire of their Agents, by the Act of Settlement, which passed at a Session which began the 17. of April, 1662. Here they had but Three Months given them; and nothing was done, in relation to them, in it. Thus, by an Act of Parliament, and their own Neglect, they would have been finally debarred, had not the Parliament of Ireland, (of which they now so much complain) not being discouraged by the prejudice it brought to many of its Membres, freely passed an Act, giving Innocents' a Year further to be heard: Four Months of which Time were trifled away by them, and the other Eight Employed in the manner . A Third Objection to the Act of Settlement, is, That they had not perused King Charles the Second Declaration of the 30th. of Nou. 1660. upon which they were grounded; several of the Irish Nation being provided for by that Declaration, which now are never likely to receive the satisfaction intended them by it. Answer. A Complaint the Declaration is not complied with, implies their now Acquiescence in that way, which formerly they Opposed with great Heat; but if the Declaration be not Perused, the English are in no Default; they themselves are great Loser's; many of the Adventurers and Soldiers want much of the satisfaction, which by the Declaration they ought to have had: Many of their Estates, which should have come clear to their Possession, are subject to great Encumbrances; and several of them are daily threatened to have all they had set out, for their Adventures and Arrears, taken from them by Dormant Titles, lately set up by Irish Proprietors, declared Innocent by this, without any hopes of Reprize. By the Declaration, Soldiers and Adventurers were not to be removed from the Estates of any but Innocents', without a previous Reprize of equal Value, Worth, and Purchase; and, if in case their Removal from the Estates of Innocents', they were to be further Reprized in the same manner. Removed they were indeed, by the Commissioners, upon the First Act, from the Estates of Innocents' and others; but no care was taken, by them, on that Act, for their satisfaction. By the Second Act, the British, notwithstanding what they had lost to Innocents' (to the end that all the Irish Interests, that the King seemed to have a Favour for, by the Declaration, might reap the benefit by Him intended them) were contented (besides several great Payments) to part with a Third Part of their Estates; by which means many of the Irish have, and many more of them might have had satisfaction, had not the King thought fit to direct the Inserting of so many. Provisoes in the Act of Settlement, for Persons of the Irish Nation, that could not prove their Innocency, and others, that at that Time of his Restauration, had not the least claim to Irish-Lands: His granting, likewise, of vast quantities of Forfeited Lands, by Letters Patents, not grounded on the Act of Settlement, have been the occasion that several of the Interests, provided for by the Declaration, are become desperate. Having, as I hope, cleared the Justice of the Settlement, by the Answers to the Objections, made by the Irish, against it, and what else I have before offered; I shall proceed to consider, Whether it can, at this Time, be justly broken; supposing that at first somewhat might reasonably have been alleged against it? Three Years after the Commission for declaring Innocents', were over, and after the Irish Parliament was Dissolved, about the Year 1667. most of the Forfeited Lands in Ireland were settled by Letters Patents, in the Possession of such of the Irish, as by Commissioners, appointed to put in Execution another Act of Parliament for explaining the Act of Settlement, were adjudged to have right to the same. Since this Adjudication of Right, and passing of Letters Patents, being near Twenty Years; there have been general alterations of Titles and Possessions, for good and valuable considerations; so that, should the Settlement now be broken, multitudes of Purchasers and Mortgagers for great Sums of Money, Settlements upon Marriage, where considerable Portions have been received; Leases for Lives and Years, where Fines have been paid, and advantageous Improvements have been made, will be divided, and that without any Default in them that have dealt with the Patentees. If it be Objected, That Men Buy at their Hazzard, and Purchasers are to look to their Titles of what they deal for: This is not of Weight in this Matter; for no Man could suspect the Legality of these Estates, if he considered that they were confirmed by Acts of Parliament; and had been always, when brought into Dispute, adjudged good by the Judges, in the several Courts of England and Ireland. Most part of the British Titles in that Kingdom, have depended upon Acts of Parliament of the like nature: The Plantations in the Counties of Wicklow, Kilkenny, Wexford, etc. upon an Act made 15. Jo. 16. The whole King and Queen's Counties are settled by an Act made 3. and 4. Ph. and the c. 2. A Statute made the 11. of Eliz. c. 1. and Sess. 3. is the Foundation of all those Plantations in the Province of Ulster. These Acts bar the Irish Proprietors for former Rebellions, without any Trial of Innocents'; some few particular Persons being only taken notice of in them. It was many Hundred Years, before the Natives could obtain to be allowed the benefit of the English Laws: Now they enjoy this Advantage by the favour of our Kings, they will never Acquiesce in them. They waited for an opportunity to destroy all former Settlement, as well as they do the present; and by the Articles of Peace, they stipulated for Liberty, notwithstanding the forementioned Laws to destroy the former Plantations in Kilkenny, Wicklow, etc. Munster and Ulster they could not but allow; they could not but allow the Laws they were grounded on, whilst in force, sufficient; but they resolved to Repeal them, in what they styled a Free-Parliament; which, according to their Articles of Peace, was to be called, when they had most part of the Kingdom in their hands, and a standing Army of 15700 Horse and Foot, of their Confederates: God grant their Designs be not the same, in this present conjuncture. The Legality of the Acts of Settlement are not doubted, at leastwise the British are satisfied to rest on them: By their Objections they declare, They intent their Repeal; and yet five Parts of six of the Freeholders', and the Major part, by much of the Corporations in that Kingdom, consist of Persons concerned, that the present Settlement should continue as it is; so that it is impossible for them, unless the Kingdom be in such a condition as it was when they made those Articles, to have such a Parliament as will answer their Designs. English Roman Catholics have been of another Temper: The Statutes made in H. the Eighths' Days, whereby Church and Abby-Lands were given to the Crown, cannot but be esteemed by every Roman Catholic, to be more against the Rules of Justice, than those Acts of Settlement: they are point blank against the Canons of the Roman Church; no general Gild was cast upon the Proprietors, no Innocents' escaped: The Lands were certainly designed for Pious and Charitable Uses; and yet the Parliament in Queen Mary's Days, had such a regard to the Peace of the Kingdom, to Purchasers for valuable Considerations, and to Laws formerly Enacted, that the Statutes for Dissolution of Religious Houses, etc. tho' but lately made, were confirmed at that Session. As Purchasers had no reason to question the Legality of these Acts of Settlement; so, likewise, was there no cause to doubt its Equity, when the Forfeiting Persons themselves, to those that claimed by the King's Letters, or as Nominees, or by Provisoes, etc. in the Acts, were contented to take part of their Estates of Lands, Forfeited by the Rebellion, and disposed of to them, by those Acts; so waving their former Titles, several Forfeiting Persons, who had the Land of their Countrymen in Connaught given them by the Usurper, kept those Lands to their own use; and have since passed Letters Patents for them, as Forfeited by the late Rebellion, without any Companction whatsoever. Lastly, His late Majesty was pleased to take very great Sums of Money from the British Patentees, for their Confirmation, and His Sacred Majesty, that now is, hath ever since the Year 1662. received the Profits of a considerable part of the Forfeited Lands; which, who could have imagined they would have done, had they not thought those Lands might be enjoyed with a safe Conscience. It is further considerable, That to destroy the Settlement at this Time, would Ruin multitudes of Families, both in Corporations, and the Country that depends upon it; some of which consists of Soldiers, sent thither since King Charles the Second Restauration, & settled there tho' now Disbanded; others, in great numbers, have been brought over by the encouragement of an Act of Parliament, made the 14th of Charles the Second, and several Orders of Council grounded on that Law. Certainly, it would be a breach of Faith, and common Humanity, to undo those who have done nothing to deserve so severe a Punishment. It is now time to make some Reflections on the Coventry Letter and Pamphlet, Entitled, The Sale and Settlement of Ireland. And first for the Coventry Letter. The design of it seems to be, to advise against the Issuing any Proclamation, to declare, That the King had no Intention to touch the Acts of Settlement, but would confirm them: Many Politic Arguments are used in it, which lie not in my way: But if His Majesty had been pleased to have declared His Intention, Not to break the Act of Settlement, it would have given great satisfaction to most of His British Subjects; who, tho' they do not mistrust His Justice; yet cannot but be much Disquieted, by the frequent Threats they receive from those that pretend to their Estates, & the unreasonable and false grounded Objections of others, against those Acts. Neither had such Proclamation been without Precedent; for January 24. 1672. a Proclamation Issued, by which King Charles the Second (to take off a Malicious Suggestion, diffused amongst His Subjects in Ireland, That he did desire to weaken the Acts of Settlement) doth declare, That it never entered into His Heart, either by His late Commission for Inspection, or by any Indulgence granted to His Roman Catholic Subjects to live in Corporations, any-wise to Infringe the said Acts. The Gentleman's chief Arguments are against His Majesty's declaring any Intention to confirm those Acts; which, he Insinuates, would be against Justice and Religion. Indeed, I believe, had His Majesty declared, Not to suffer the Acts to be broken, most Men would not have desired any Promise of Confirmation; for they now think their Estates as fully secured to them, as Laws can do it. However, His Majesty, in His several Declarations for Liberty of Conscience, in England and Scotland, hath promised to maintain His Subjects in the Possession of Church and Abby-Lands; and yet it is possible, this Gentleman might use some of his Argumenns against those Titles. The Gentleman layeth down for a Principle, That nothing can support the Catholic Religion in Ireland, but to make the Catholics there considerable in their Fortunes, as they are in their Numbers; which must be the only Inducement can prevail with a Protestant Successor to allow them a Toleration, as to their Religion, and a Protection to their Estates; and that their having all Employments, cannot prevent this danger. This must be acknowledged to be a terrible consideration to the British in Ireland; That nothing can make the Roman Catholic Religion considerable, but breaking the Settlement, and giving the Irish the Lands the British now lawfully enjoy: But I have a much better Opinion of that Religion; and am confident, That many, who profess it, are not of this Gentleman's Mind. We see there are some Men, that will not easily be satisfied; Favour, Employments, nor Free-Liberty in the Exercise of their Religion, will not satisfy them; They will have All, or Nothing. Our whole Confidence, therefore, rests in our King's Justice; who, we hope, will never be persuaded to take away the Estates of those, who are Guilty of no Offence against His Laws, upon any pretence whatsoever. The Gentleman advanceth; That new Estated Men would freely part with great Sums, and a considerable part of their Lands for a Confirmation. That these new Estated Men would be as ready to lay their Lives and Fortunes at His Majesty's Feet, as any Subjects He hath in that Kingdom, is a Truth Trial would quickly Justify: But their Estates, if Laws can secure them, they have already as well Worded, as they can desire: If they should Purchase another Confirmation, they are well satisfied, a Parliament, constituted of the Principles with this Gentleman, would speedily Repeal it, could they procure His Majesty's Consent; which, I hope, they will never do, to the prejudice of the Act of Settlement now in Being. Here I cannot but remember with Honour, the care our English Ancestors had for such as should come after them, for the Securing this Kingdom; They had observed, that not only the mere Irish, but the Ancient Colonies, had no kindness for the New English; but the frequent Acts of Resumption, passed in their Parliaments, had avoided new Grants made to Englishmen for considerable Services: For this, and other Causes, that Act was procured, with great Wisdom, by Sir Edward Poynings, than Lord Deputy, the 10. Hen. 7. by which it is Enacted, That no Bills can be offered to a Parliament in Ireland, before they have been approved by the King in England: This Law, though after attempted by the Natives, continues unrepealed, and is our present Security; who are confident, the King is too Just, ever to send a Bill into that Kingdom, to take from many Thousands of His British Subjects, that which they now enjoy by Law. The Gentleman seems to be very hard upon the Memory of the late King, when he displayeth his Rhetoric, to show how contrary to Zeal, Piety, and Justice, it would be for His present Majesty to confirm the Acts of Settlement; reflecting thereby upon King Charles the Second, that Acted contrary to Zeal, Piety, and Justice, when he made those Laws. Questionless, our present Sovereign, will, upon all Occasions, vindicate the Honour of his Brother; and I hope, He will think no way so proper, in this particular, as by Protecting that Settlement, which His Brother Established. The Gentleman hath, it seems, an expedient to help all Matters, and yet he thinks fit to offer some in short, which I fear too, are the best of his Intentions, altho' of a strange Nature. He would have His Majesty Condemn Laws, as Defective, before any Person hath been heard in their Defence; and after his Judges, upon all occasions, have judged them sufficient. He would have the Clause, concluding the Claims of those not yet adjudged Innocent Rectified, (whereby, I presume, he means Revoked) by which, the Persons concerned in the Lands formerly Forfeited, must, near Fifty Years after the Rebellion, be put to prove the Offences of particular Persons; several of whose Descendants act at present, in considerable Civil and Military Employments; and some of them now, endeavouring to take off the Outlawries of their Ancestors. These are things so Unreasonable, that certainly they will never be harkened unto, where they expect they should. At last, He doubts not, but Matters may be adjusted at the next Sitting of Parliament; but what Parliament he means, I cannot guests: if he means an Irish Parliament, freely and fairly Elected, he knows, That more than four Parts of five of it, must consist of Persons that will not break the Settlement: If he means such a Parliament as the Irish designed, when they made the Articles in 1648. I am satisfied, few of the British must expect to continue in the Possession of any thing they now Enjoy, unless His Majesty be graciously pleased to Interpose. Certainly, he does not think of the English-Parliament, his Countrymen (against all Reason and Presidents) not admitting, That Laws made in England, bind that Kingdom: But if he would have the English-Parliament Reconcile all Differences between us, I fee no reason why the British should not Acquiesce, if it have His Majesty's Approbation. I am come now to the Pamphlet, called, The Narrative of the Sale and Settlement of Ireland; but am resolved to take no further notice of it, than to reflect on some few Matters of Fact, by which, the Truth of the whole Paper, (and what sort of Adversaries we have to deal with) may appear. The Author makes an enumeration of the several Counties of Ireland, and tell us, Pag. 4. That in the Year 1653. Ten Counties were allotted to the Adventurers, Twelve conferred on Cromwell ' s Soldiers, Three given to Transplanted Irish, and Seven reserved to the Commonwealth. The first mistake (and that a wilful one too) is, that he affirms, That the Counties were thus disposed; whereas it was only the Land Forfeited by the Rebellion, in those Counties; Church-Lands, Protestant Lands, Constant, Good, Affectionate men's Lands were not disposed; and the Interests of those were so considerable, That not a fourth Part of the Province of Ulster was Forfeited. His next Error, which sure proceeds from Ignorance, is, That Ten Counties were given to Adventurers, whereas it is notoriously known, they had but the Moiety of the Forfeited Land in Ten Counties, of which, near the half of that hath been since taken from them. Pag. 5. He says, Five Hundred Gentlemen, that Served the King in Flanders, are named in the Declaration: Let him reckon again, and he will find but Two Hundred Twenty Two; this is well stretched; yet the modestest mistake in his Paper. Pag. 6. He affirms, That taking off the Engagement, which (he says) the Irish were forced to do on pain of Death, by Cromwell ' s Army was made a Qualification of Innocency, that none that had taken it, could be declared Innocent. And by this Qualification, he leaves his Reader to judge of the rest, aggravating the Matter with much Rhetoric. Certainly, this is a Falsehood so apparent, so easily discovered, that no Man that valued his Credit, would allege it; 'Tis as Wilful, as 'tis Malicious: Had he reckoned the Qualifications in the Act of Settlement right, they are as he says, but not any thing of the Engagement, or any thing like it, amongst them. I believed the occasion of this was, he had told the World, That the Qualifications were so Severe and Rigid, that some thought it Morally impossible to find an Innocent; and yet, when he came to consider them, he could pick out but One to Cavil at, and that put him upon this Notorious Invention. Pag. 7. Few of the Irish Peers were admitted to Sat in the House of Lords, under pretence of former Indictments. Many of the Irish Peers Sat, none were excluded upon pretence of Indictments, unless they were also attainted of High-Treason. Pag. 7. The Act of Settlement, alloweth only Twelve months' time to the Trial of Innocents'. The Act passed at a Cessation; which begun the 17th. of April, 1662. The time for the Trial of Innocents', was to be the first of August, 1662. By this it appeareth, there was not near a Years time for their Trial; so that this mistake in this place, seemeth to be to the disadvantage of his Friends. But he had a further fetch, he resolved not to own the kindness that the then Parliament of Ireland shown those that pretended to Innocency, giving them (after the time for their Trial, by this Act, was expired) a year further, by another Act, being all they desired. Pag. 8. The Commissioners began their first Sitting the first of February. This Man hath so perfectly fallen out with Truth, that it is impossible ever to reconcile them. The Commissioners began the Trial of Innocents' the 30th. of January, 1662. They heard Twenty Seven considerable Claims before the first of February; and might have heard many more, had the Claimants been ready. Pag. 10. The Fifty Two Nomenoes' have not yet got Possession of a Cottage of their Ancient Estates. This is false; many of them have got a considerable part of their Ancient Estates. Pag. 15. Since the Cessation of Arms, concluded in the Year 1643, there was no more Fight between His Majesty's Protestant and Roman Catholic Subjects. Here he justifies the breaking of the Peace in 1646, and the Wicked and Malicious Actions of the Nuntios Party, the attempt upon Dublin by O Neile and Preston, Excommunicating all that adhered to the King's Authority: All which, was, it seems, in this Gentleman's Thoughts, no Fight against the King. Pag. 18. In this place he takes confidence to fix upon this King, when Duke of York, a foul Aspersion; by saying, The Lands of Miles Corbett, and other the Regicides, now in His Majesty's Possession, by Virtue of the Act of Settlement, were set out to those Regicides, for no other Service, but the Sentence of Death they gave against King Charles the First: Which is a most gross Falsehood; for these Persons had these Lands His Majesty now enjoys, for Adventurers, Arrears, Provisions, and other Considerations, common with them and others; and not as a Reward, for Murdering the King. Pag. 19 By the Insurrection, Four Hundred Englishmen could not be found Murdered in Ireland; as appears by the Proceed yet extant in Dublin. 'Tis certain, for all this Affirmation, That there were Examinations taken, by Virtue of the King's Commission, under the great Seal at Dublin; which prove the Murder of many Thousands of the British in Ireland, at the first Insurrection or Rebellion, which you please. Pag. 19 The Peace in 1648, was no sooner Published, than all the Garrisons, Cities, and Magazines of the Irish, were put under the Command of the King's Lieutenant. This is not so; the Confederates, by the Articles, reserved them in their own Power and Possession. The Story is too well known, how his Grace the Duke of Ormond (a Person of Eminent Loyalty) was most falsely abused in this Libel, than the King's Lieutenant; and how he was used at Limerick, Waterford, and Gallaway, needs not be repeated. Pag. 19 Notwithstanding the Confederates were offered any Conditions by the Usurper, and Courted by the Parliament. The Confederates were never offered any advantageous Conditions by the Usurper; it is known, he absolutely denied the Exercise of their Religion. I wish some body, to convince the World, would give an Account of those favourable Conditions, refused from the Usurper, and of the glorious Courtships bestowed on them by the Parliament; which are yet Secrets. Pag. 20. Solicited by some Neighbouring Potentates. There is good Evidence, they Solicited France, Spain, Rome, and Lorraine; but that They were Solicited, is not generally known: It had been well, if the Author had named the Potentates. Pag. 22. Most of the Young Nobility and Gentry having followed His Majesty into Foreign Countries. The Irish Gentry is very numerous: No Man was ever a Proprietor of Lands, or related in any degree to, or of the Name of a Proprietor in that Country, but he is esteemed a Gentleman. What a Noble Army would the greatest of these have amounted to? at least Thirty Thousand: And yet this very Author, a few Pages before, told us, There were but Five Hundred Gentlemen with the King in Flanders; and overreckoned them, too by more than half. It is certain, many Irish Gentlemen Served the King beyond Sea, who deserve much Praise without enquiring, how many were forced to go over by their Articles with the Usurper: 〈◊〉 have perused a List of those Gentlemen in Hi● Majesty's Declaration, of the 30th. of November 1660. and find them to be Two Hundred Twent● One; of which, there are of Original Irish Family's One Hundred Thirty Eight; and of the Old Englis● Eighty Three: There is not of that List one Fleming, Nugent, Barnwel, Tyrrel; and only Mr. Nicholas Plunket of Dunshaghlin, of the Surname of Plunket; whereas there are many more Gentlemen of those Names, than the whole number in that Declaration amounts to. From whence it follows, That the Author is grossly mistaken in his Assertion. Pag. 26. Presbyterian Lords, Justices, Deposed and Imprisoned by the King's Command. There were no Lords, Justices, Imprisoned by the King's Command: This is a Romance, like the rest. Here I cannot pass by that which is common to this Author, (with many of his Countrymen) the fixing upon all the British in Ireland, the odious Appellations of Presbyterians, fanatics, and Cromwellians: It hath been a Practice There formerly to call the English there amongst them, by those (they esteemed most Scandalous) Names, given to any of the Nation; as in 1641. they were all styled, Puritan: For my part, I do not think it fit to bestow the title of Rebels, Nuntioists, so freely amongst them; and yet, they must remember, that the Faults of the English, who swerved from their Duty, are forgiven, and all Men forbidden to upbraid them, by an Act of Oblivion, which They cannot yet pretend to. Pag. 27. The Earl of Clarendon made it his Business to Exalt the French King. This is a high touch of Malice: Rather than he will not rail against the Earl of Clarendon, he will take occasion from that Earls pretended Kindness to the French King. I am apt to believe tho', that he is out in this particular: But that some of his Countrymen has had a greater Kindness for that King, will appear by an Authentic Piece, I have put at the end of this Paper. The Author has thought it fit, (through his whole Pamphlet) to cast most false and scandalous Aspersions upon Persons of great Honour and Integrity; of which I shall take no further notice, but leave him to Scorn and Contempt; which those Noble Persons have hitherto judged the best Answer to his Libel; only observing his unparallelled Impudence and Malice, in charging the late Earl of Clarendon (whose many Just and Famous Actions will make him Famous to Posterity) with abominable Calumnies; and that without any regard to Truth or Probability, or Respect to the Royal Family; to which He was so nearly Related. By this Pamphlet, and other Books, Printed both at Home and Abroad, the Conditions of the Irish Nation is described, as the most Miserable and Oppressed, as any People were ever in, under the Sun. I could not see what happened during the War; yet have reason to believe, some of them did more Mischief, than they could suffer: But, since King Charles the Second Restauration, they have no occasion to complain; they have been equally Protected by the Law; The free Exercise of their Religion hath been connived at; There have still been Parish Priests, in every Parish, competently maintained by the Irish Farmers; which the British Landlords suffered, to their great Disprofit, when Dissenting Protestant's have been severely Prosecuted, especially in the Province of Ulster, and Indicted as Rioters, for Religious Assemblies: Great and frequent Meetings at Mass, have not been taken notice of: They have been allowed to keep the holidays of their own Church, and not forced to observe those of the Protestants, I mean the Twenty Ninth of May, nor the Thirtieth of January, which, I never could hear they minded. The poor sort of Labourers and Farmers, in their own Opinions, lived better Lives, than ever their Ancestors knew; receiving Wages, and having Terms of the Land they Manured: Those sort of People, being the most numerous, wished, without doubt, in their Hearts, for the Continuance of the present Settlement. The Artificers, Tradesmen, and Merchants, were admitted freely to follow their respective Callings in Corporations; if there were Laws to the contrary, they were not put in Practice. The Proprietors amongst them, which proved their Innocency, were Restored to their Possession, without further Suit at Law; and, for the most part, found their Land in better condition, than when they lost them: All difficulties in the Act of Settlement, have been judged in their Favour: Abundance of great Estates have been Restored to several of them, who never proved their Innocency; nay, some of them have large Grants of the Forfeited Lands of their Countrymen. The most of the Forfeited Lands in the Counties of Galloway, Clare, and Roscommon, are given to such Proprietors, who lost their Estates in other Places; with this particular Favour, That if any of them, before he had passed a Patent, had conveyed his share to a Protestant, the Purchaser was obliged to retrench a Third Part, towards the satisfaction of those Irish: But if the Irish Proprietors kept his Proportion, he was allowed a Patent for the Whole. All Freeholders', without distinction, were admitted to pass on Juries; to be Electors of, or Elected Parliament-men; and none excluded out of the House of Lords, for Religion. I say nothing of their present Condition, not having been lately There; but, certainly, had they continued as they were, they have not much reason to exclaim. There are other Arguments, against breaking of the present Settlement, of more consequence than any herein mentioned; which I purposely omit, as not proper for me to meddle with: Yet, I cannot conclude, without remembering, once more, the Opinion of James, late Earl of Castle-haven; who was himself, not only a Roman Catholic, but one of the most considerable of the Confederate Roman Catholics of Ireland; and one that knew their Designs, as well as any amongst them: He than has declared, That it was most probable, that if the Nuntio 's Party, in the Year, 1646. had had all Ireland, it would have remained separate from England for ever: Which Nuntios Party, at that Time, consisted of all the Confederate Roman Catholics in Ireland, except this Earl of Castle-haven, and some few others. FINIS.