A narrative of the settlement and sale of Ireland whereby the just English adventurer is much prejudiced, the antient proprietor destroyed, and publick faith violated : to the great discredit of the English church, and government, (if not re-called and made void) as being against the principles of Christianity, and true Protestancy / written in a letter by a gentleman in the country to a noble-man at court. Narrative of the Earl of Clarendon's settlement and sale of Ireland French, Nicholas, 1604-1678. 1668 Approx. 74 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A40454 Wing F2180 ESTC R6963 11798223 ocm 11798223 49336 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40454) Transcribed from: (Early English Books Online ; image set 49336) Images scanned from microfilm: (Early English books, 1641-1700 ; 493:10) A narrative of the settlement and sale of Ireland whereby the just English adventurer is much prejudiced, the antient proprietor destroyed, and publick faith violated : to the great discredit of the English church, and government, (if not re-called and made void) as being against the principles of Christianity, and true Protestancy / written in a letter by a gentleman in the country to a noble-man at court. Narrative of the Earl of Clarendon's settlement and sale of Ireland French, Nicholas, 1604-1678. [2], 28 p. [s.n.], Lovain : 1668. Signed at end: F.D. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Land tenure -- Ireland. Ireland -- History -- 1660-1688. Ireland -- History -- 1649-1660. 2006-12 TCP Assigned for keying and markup 2006-12 Aptara Keyed and coded from ProQuest page images 2008-10 John Latta Sampled and proofread 2008-10 John Latta Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A NARRATIVE OF THE Settlement and Sale OF IRELAND . Whereby the Just English Adventurer is much prejudiced , the Antient Proprietor destroyed , and publick Faith violated ; to the great discredit of the English Church , and Government , ( if not re-called and made void ) as being against the Principles of Christianity , and true Protestancy . Written in a Letter by a Gentleman in the Country , to a Noble-man at Court. LOVAIN , Printed in the Year MDCLXVIII . A LETTER . My LORD , I Have in obedience to your Lordships Commands , set down in brief , the sad and deplorable state of the Irish Nation , and the apparent injustice , and innequality used in the present Settlement of that Kingdom ; which , in my opinion , ( as I formerly told your Lordship ) hath chiefly occasioned the heavy Judgements of God , which our English Nation hath sensibly felt these many years last past , and is to be feared , our Sufferings are not yet at an end , if we do not take a speedy course to humble our selves , and appease the wrath of his Divine Majesty , who may punish us farther , with as much Justice , as we have ( contrary to all Justice ) hitherto oppressed the Irish . It cannot be denyed , but that the Roman Catholicks of Ireland have infinitely suffered , during the late Usurped Governments ; But they have done it cheerfully , and perhaps not without some comfort ; having had all that time , as Companions in Suffering , not only some of the Nobility and Gentry of England and Scotland , but the King himself , and all the Royal Family ; Ferre quam Sortem patiuntur omnes , Nemo recusat . But now since His Majesties happy Restauration , and during the universal Jubilee of Joy over all the British Monarchy , that the Irish alone shou'd be forced to mourn , but condemued to a perpetual Sufferance , far surpassing those they formerly endured under the Government of Cromwel ; is a Calamity rather to be deplored then exprest . And yet I find very few of our Nation any way touched with a compassion of the Miserie 's snstained by those their Neighbours , and that the Irish are not only vigorously persecuted by their Constant Enemies , but that they are wholly abandoned by their former Friends ( I mean their fellow-sufferers for the same Cause ) who do not now concern themselves in their sufferings . This consideration alone , together with the zeal I have always had for Justice , and the commiseration which nature imprints in every Man , are the motives ( next to your Lordships commands ) which induce me to undertake this subject . I shall therefore , by setting down matter of Fact , and by examining the title of the present Possessors , as also of the antient proprietors , discovered the wicked Artifices hitherto practised , to deprive the Irish Nation , not only of the benefit of His Majesties Mercies , but also of His Justice . Broghil and Coot having by several Emissaries sent into England , felt the Pulse of the English Nation , and finding the People generally inclined to concur with the Loyal and Successful endeavours of the Lord General Monk , in order to the Restauration of His Sacred Majesty , convoqued a Convention in Dublin , of Persons newly Interested in that Kingdom , to consult upon the best and safest course that might be taken to prevent the restoring of the Irish Cavallers to those Estates which the Conventionists and their Partizans enjoyed by the Usurpers bounty , and which they had great reason to believe , would be immediately restored to the ancient Proprietors upon his Majesties Re-establishment . In order to this resolution , it was agreed upon , that all the Gentlemen of Ireland should be committed to close Prison , to render them incapable of contributing to His Majesties Restauration , in case His Majesty would choose to pursue His Royal Right by dint of Sword , rather then to condescend to such disadvantageous conditions , as the Conventionists did hope , and were fully perswaded would be imposed upon him by the Parliament of England . It was also concluded , that a man of Parts and Faction among the Presbyterian Party , should be imployed into England , to prepossess the People there , with the Dangers and inconveniences which the restoring of the Irish Natives to their Antient Estates , would infallibly bring upon the new English Interest in that Kingdom . In pursuance to these resolutions , all the Prisons in Ireland were filled with the Nobility and Gentry of that Nation , whom no imbecility of Age , nor indisposition of body could excuse , nor any offered Security answer for : Sir John Clotworthy , ( a man Famons for plundering Somerset House , Murdering the Kings Subjects , and committing many other Treasons and horrid Crimes , ) was dispatched into England . This Person , who was always accounted as violent against the Irish , as he was known to be Seditious , and ill-affected to Monarchy ; No sooner arriv'd in London , than he fill'd the peoples ears with such dreadful stories of a new Insurrection in Ireland , ( where counterfeited Letters were read on the Exchange and several Copies dispersed over all the corners of the City ) that His Majesty was warm in his Fathers Throne , when both Houses of Parliament ( grounding their belief on Clotworthy's assertion ) presented unto him a Proclamation , to be signed against the Irish Papists , who were said to be actually in Rebellion , murdering his Majesties Protestant Subjects , violently intruding into other Mens possessions , with many other Characters of Infamy , rendring them odious to all Nations . This Proclamation was published in London on the Third day of June 1660. notwithstanding that it was very well known at that time , that there was not an Irish Man in arms in any part of Ireland . Clotworthy , encouraged with the good success of his first Essay , and strengthened by a new landed recruit of Convention Agents ( among whom Broghil himself made one ) having observed that a general Act of Indempnity was ready to be passed to all His Majesties Subjects , and fearing that the Irish ( if concluded therein ) would be consequently restorable to their Estates ; presented a Proviso against them , to be inserted in that Act ; But this Proviso seemed so unreasonable to both Houses ( especially after that His Majesty had made a Speech to them for comprehending the Irish in his general and Gracious Pardon ( that they were fully resolved to extend the Act of Oblivion to the Irish Papists , as well as to the rest of his Majesties Subjects . But the Conventionists , after some conference with the * D — of O — ( to whom , as 't is said , ( with what trust I know not ) they offer'd that great Estate , and vast summs of Money which wrought so much upon his Grace , that , in the House of Lords he made a Speech against comprehending the Irish Papists in the Act of Oblivion , saying , that the King had taken that matter into his own hands , notwithstanding that His Majesty had but few days before clearly declared himself for their being comprehended in his General Pardon : so that it was carryed a-against them , to the great astonishment of all persons of Honour and Conscience , that were informed of the corrupt ways whereby they were excluded . Neither , my Lord , was the exclusion of the Irish out of the Act of Oblivion , so satisfactory to the Convention Agents , if all other passages to his Majesties further Graces and Favours were not shut up against them : And in order thereunto , they prevailed with the first Minster of State ( whom they had gained to their side , by what coloured Arguments he knows best himself ) to re-call the Commission of Lord Deputy , which was formerly given to the Lord Roberts , a person of known Honour and Integrity ; The Conventionists having , observed that his Lordship was not to be won , upon any account to forward their Design . This grand obstacle being removed out of the way , Broghil , Anglesey , Clotworthy , and Mervin , ( with the assistance of Steel , Roberts and Petit ) after three Months labour , brought forth that monstrous issue of their brain , which was exposed to the World under the Name and Title of His Majesties most Gracious Declaration for the Settlement of Ireland . This was their Master-piece , and hath been ever since the ground-work of all subsequent Acts which were established for the farther Settlement of that Nation . The first branch of the Declaration confirms the Adventurer in his possession ; the Second secures the Soldier in his Debenture ; the Third satisfies the 49 Men ; the Forth assures unto the Transplanted Irish the Land Decreed unto them in the Province of Conaught , and County of Clare ; The Fifth makes mention of those Irish Officers who served his Majesty in Flanders , as also the Generality of the Nation who pretend to Articles . My Lord , is not this a blessed Declaration , which provides in so large a manner for so many different Interests ? A Declaration that satisfies the Natives , and yet dispossesseth none of the Cromwellists . To understand it well , we must mount a little higher , and call to our remembrance how the Rump-Parliament divided the spoils of that conquered Nation , in the Year 1653. Ten Counties were allotted to the Adventurers , Twelve conferred on Cromwel's Souldiers , and three of the Barren Counties given by way of charity to the transplanted Irish ; These , by computation , make up 25 Counties , the remaining seven ( for Ireland contains in all but 32 Counties ) together with all the Cities and Corporations of that Kingdom , were reserved to the Common-wealth . Now this Declaration confirms the Adventurers , Souldiers , and transplanted Irish in their present possessions ; And moreover , it assigns to several other uses , the Seven remaining Counties , and all the great Towns of Ireland , which were not disposed of by the Common-wealth : One of the Counties being designed to supply the deficiency of the Adventurers Lots ; another , to satisfie the Incumbrances on the Lands already laid out to Adventurers and Souldiers ; The third to reprize such as were removed from the Lord Duke of Ormond's Estate ; and the other Four Counties , with all the Cities and Corporations of the whole Kingdom , ( a pretty grant ) being assigned to the Protestant Officers who serv'd His Majesty in Ireland at any time before the year 1649. After this Solemn division and distribution made of every House , and every Acre of Land , over all the Kingdom of Ireland . Some 500 Irish Gentlemen ( who also serv'd his Majesty in Flanders ) are named in the Declaration , to be forthwith restored to their ancient Estates ; but not , until Lands of equal value , worth and purchase , are first found out to reprize the Adventurers , Souldiers , and the rest now in possession ; a work no more nor less feasible , than the creation of another Ireland . My Lord , this Declaration was published on the 30th . of Novomber 1660. and at the same time Broghil created Earl of Orery , and Sir Charles Coot made Earl of Montrath ; were joyned in Commission with the Lord Chancellor Eustace , as his Majesties Lords Justices of that Kingdom ; Sir John Clotworthy ( who was also created Lord Viscount Masserene ) Sir Audley Mervin , and some others of the Convention-Agents , staid at Court , to draw up privare Instructions for the better executing his Majesties Declaration : And because Innocents , viz. Such as never offended his Majesty , or His Royal Father , were the only people to be restored without previous reprisals , the Conventionists made it their grand work to qualifie an Innocent , that it should be Morally impossible to find any such in rerum natura , virum , innocentum quis inveniet ? Eleven qualifications were ordered for their Tryal and those so rigid and severe , that Clotworthy and his Companions ( who had the wording of them ) did verily believe there could not be a man found in all Ireland that should pass untoucht through so many Pikes : For , not only the inoffensive persons , who never took Arms , who never enter'd into the Confederacy with the rest of their Countreymen , if they did but pay them the least Contribution out of their Estates , if they did but reside in the Irish quarters , although in their own own houses ; not only these , I say , were declared to be no Innocents , but such as lived all the War-time in England ; such as were with Hi● Majesty at Oxford , and served in his Army , if they received any Rent from their Tenants in Ireland , were by virtue of one of the Eleven Qualifications , to be held for Nocents . But among all the other Qualifications , that of taking an Engagement ( which was administred unto all his Majesties Subjects in the three Kingdoms ) was a very notable one ; This Engagement was forced upon the Irish in so high a nature , that those who would not take it , were debarred , not only from the benefit of the Law , but also exposed to an innevitable danger of death , the Souldiers of Cromwels Army being commanded by publick Proclamation ▪ to kill all they met on the High-way , who carried not a Certificate about him , of having taken that Engagement : Commands which were cruelly executed on silly Peasants , who , out of Ignorance , or want of care , having left their Tickets at home , were barbarously murdered by the merciless Souldiers : My Lord , it is very remarkable , that they who devised this Engagement , who heartily subscribed unto it , and forced others to take it , shall not be questioned or held criminal ; and that those who never saw it before it was ministered unto them , who abhorred it in their hearts , and were forced to sign it , to avoid a bloody and violent death , shall be declared Nocents , and an irrevocable sentence of losing their Estates given against them ; and the Estates so forfeited , to be conferred on those very Persons who compelled the Proprietors to that Forfeiture . By this Qualification alone , a Man may judge of the rest . To Crown this grand work of settling Ireland , the Conventionists ( having worded the Declaration and Instructions to their own advantage ) prevailed with their great Patron , to have themselves named the only Commissioners to put in Execution his Majesties Declaration for the Settlement of Ireland , This un-usual , and perhaps never before heard of course of Justice , ( one of the parties being made Judge of the Case ) appeared so ugly and terrible to the Irish , that many of them could hardly be perswaded to believe , that his Sacred Majesty was restored to the peaceable and free possessession of his Crown and Kingdoms , seeing the very same persons who tyranized over them during Oliver's Reign , were now not only confirmed in their formed in their former charges , and advanced to places of greater Trust ; but also newly Commissioned with an unlimited power , to give a final and decisive Sentence of all the Titles and pretentions of the unfortunate Natives . This preposterous way of proceeding , having not only incensed the interessed Irish , but also scandalized all the moderate men of England , another course was judged fit to be taken , less shameful in appearance , but in effect the very same : The new Court of Claims was annulled , and the Lords Justices were ordered to call a Parliament , which met on the 8th . day of May 1661. The Lower House of this Parliament was all composed of Cromwellists , and but very few of the Irish Peers were admitted to sit in the House of Lords , under the pretence of former Indictments . This Parliament made the first Act of Settlement , which they entitled , an Act for explaining His Majesties Declaration for the Settlement of Ireland . This Act decides all the doubtful expressions of the Declaration in favour of the Cromwellists , and to the disadvantage of the Natives , it allows only a Twelve-months time for the tryal of Innocents ; But those Irish Gentlemen who served His Majesty abroad , together with the generality of the Nation pretending to Articles , ( half a score persons only excepted , who were particularly provided for ) are for ever debarred by this Act , to recover their Estates without previous Reprizals , which is a thing not to be had in nature . My Lord , I cannot omit minding your Lordship of a remarkable expression in the preface of this Act , that the Irish Rebels were conquered by His Majesties Protestant Subjects , in his Majesties absence . These Irish Rebels when they were conquered , fought under the command of the Lord Duke of Ormond , His Majesties Lord Lieutenant in Ireland , and after under the command of the Lord Marquess of Clanrickard , His Majesties Lord Deputy for that Kingdom ; and those Protestant Subjects who conquered them , were called Cromwel Ireton , Jones , Reynolds , Broghil , Coot , Venables , Hewson , Axtel , &c. who vigorously pursued the Irish Rebels for no other reason , but that they constantly denyed the Authority of the pretended Commonwealth , and unalterably adhered to the Interest of Charles Stewart , ( for his Majesties now Protestant Subjects were wont , in that time of conquest , to call Our Gracious Soveraign ; ) but now adayes they sing another note , and speak quite another language ; having established for a fundamental Law , that the Irish Rebels were conquered by his Majesties Protestant Subjects in his Majesties absence . This being passed , and the Royal assent given to it , Sir Richard Rainsford , and the rest of the Commissioners appointed by his Majesty to decide the claims of the Irish , in pursuance of this Act , landed in Dublin , about the of 1662. And having some time to study the Act , they plainly understood , that none of the unfortunate Natives could be restored to their Estates , but the Ten persons who had particular proviso's inserted therein , and such others as would prove their Innocence in open Court. The Commissioners began their first Session on the day of February , and the Court continued until the of August following . During this time the Claims of near upon a thousand Irish were heard , whereof the one half were declared Innocents , notwithstanding all the rigid Qualifications against them . The time limited for ajudging Innocents being expired , Sir Richard Rainsford ( a most just and upright man ) would proceed no farther , expecting an enlargement of time to hear out the rest , who were 7000 in number , and who had as much reason to pretend a title to their Estates , ( until they were heard , and condemned ) as those who were already judged ; For every man is to be held Innocent until he be convicted , and especially those who durst venture upon so severe a tryal : For , that part of the Nation ( which was involved in the War ) did not pretend to Innocence , but claim the benefit of Articles . But this enlargement of time being flatly denyed by the first Minister of State , the Court of Claims was at an end , the interessed party made Judges by Clarendon , and indifferent men not admitted , and the Parliament prepared an aditional Bill of Settlement , which came into England in the of May , 1664. By this additional Act , it is decreed , that no benefit of Innocency , or Articles , shall be allowed from henceforth , to any of the Irish Natives . The words of the Text , pag. 8. l. 22. are these ; And it is hereby declared , that no Person or Persons , who by the qualifications in the said former Act , hath not been adjudged innoieut , shall at any time hereafter be reputed Innocent , so as to claim any Lands or Tenements hereby vested ; or be admitted to have any benefit or allowance of any future adjudications of Innocence , or any benefit of Articles whatsoever . To salve this grand breach of publick Faith , the Law of God , and Nations , and to give some colour of Justice , to an action which is evidently repugnant to Magna Charta , and the Fundamental Laws of England ( to condemn so many thousands before they are heard ) it is ordered by the same Act , that some Fifty four persons of the Nobility and Gentry of Ireland , ( who likely deserved his Majesties particular favour , and whose names are specified in the Act ) shall be restored unto their several and respective principal Seats , and unto 2000 Acres of Land thereto adjoyning ; provided always , that the Adventurers , Souldiers , and 49 men who are to be removed , shall be first satisfied by some other forfeited Lands , in equal value , worth , and purchase ; The transplanted Irish are purposely left by this Act upon very doubtful terms , that in case of necessity ( if the stock of Reprizals should sall short ) their present possessions might serve to Reprize the Adventurers , Souldiers , 49 Men , and Grantees already removed by the restored Innocents , and the Ten Proviso-men in the former Act , or to be removed by the nominees , and some three or four persons more particularly provided for in this additional Act. The Forty Nine men are expresly forbidden by this Act , to set or Let by way of Lease , or otherwise any part of their Lots within the walled Towns and Corporations , or at a certain distance thereunto : to any Irish Papists , under the penalty of loosing what is Let , and forfeiting as much more , there is a general Clause in the Act , that all Clauses and provisoes therein contained , which admit any doubtful expression , shall be always construed to the advantage and favour of the English Protestants , and several other provisons are made , all tending to the designed extirpation of the Natives . This destructive Act , after many long consultations , wherein the first Minister of State did always imploy the utmost of his uncontrouled power , to countenance the Cromwellian party , and the Kings Solicitor General ( who had the penning of the Act , made use of his Rhetorick and Knowledge in the Law , to plead in their behalf , ( the favour of the one being easily gained , at the rate of several vast sums of ready money , and the promise of an Estate of 6000 l. a year for his Son ; and the pains of the other , being modestly rewarded by a small Fee of 8000 l. sterl . ) This Act , I say , so well supported , was Signed and Sealed at Salisbury on the 25th of July 1665 ▪ ( notwithstanding all the opposition given thereunto , ) and this in a time when the hand of God visibly appeared in the great Mortality , which then began to increase in the City of London ; and when I heard many moderate men say , we are justly punished by God , for the injustice done to the Irish . It is now more than two years since the Act went over into Ireland , and the 52 Nominees who were to be restored as they verily believed ) to their chief houses , and 2000 Acres of Land , have not yet got the possession of a Cottage , or of one Acre of Ground ; which agrees very well with Ororye's railery lately expressed , That it was intended by the Act , that they should be only Nominees , nomine restorable , but not re , for that was never intended ; and yet the same Orrory assured to the King , that there was a sufficient stock of Reprisals to satisfie all Interests . My Lord , this is the true state , in brief , of the Irish Case , as to matter of Fact , since the first day of his Majesties most happy Restauration , to this Instant . Let us now examine matter of Right , and see what Title the several Interests obstructing there establishment of the Irish can justly pretend to the Estates of the distressed Natives . These different Interests can be reduced to four principal ones ; the first is , that of the Adventurers , the second of the Souldiers , the third of the Forty nine Men and the fourth of the Grantees ; We will begin with the Adventurers . These are certain Inhabitants of London , who in the year 1641. pretended to venture their momes to reduce the Rebels in Ireland , ( but intended , as afterwards appeared , to destroy the King ) upon the assurance of getting such a quantity of the Rebels Lands in proportion to the sums they laid out , and in pursuance of an Act of our English Parliament , which then passed to that effect . By which Act , it is ordered that the mony so laid out , should be employed in the Service of Ireland ; and that , ( after the Rebels were declared by both houses to be wholly conquered ) a Commission should issue forth under the great Seal of England , to make a strict enquiry through all the Counties of Ireland , of Estates forfeited by the Rebellion , to be disposed of for the satisfaction of the Adventurers . Neither of these conditions were hitherto observed , for the money laid out , was all , ( or at least , for the greatest part ) imployed to buy arms and ammunition to fight against his Majesty in England . The Rebels were never yet declared by both Houses of Parliament to have been conquered , nor any Commission issued forth under the Great Seal of England , to enquire after Forfeitures : It is true , that the remaining Members of the House of Commons , made an Ordinance in the year 1652. ( without the concurrence of the House of Lords ) that the Rebels were wholly conquered ; And that consequently assigned Ten Counties to the Adventurers , without issuing forth any Commission under the great Seal of England , to examine whether the Lands therein contained were forseited or no. Of these ten Counties , the Adventurers of the doubling Ordinance ( who were to have for their respective Sums laid out , double the quantity of Land assigned to the first adventurers ) have proportion , because their money was given to the long Parliament in the year 1644. When they were in actual Rebellion against His Majesty . The late King understood very well the nullity of this act having never made mention of the adventurers interest in all the Treaties of Peace which pass'd between His Majesty and the Confederates in Ireland ; which certainly so just a Prince as Charles the First was known to be , would never have done , if he had conceived himself any way obliged by that act to provide for them . But supposing that the act of decimo septimo Caroli in the behalf of the London adventurers , had not been defective ; can those of the doubling Ordinance expect any benefit by that Law ? Can the first adventurers whose Moneys were disposed to other uses than the relief of the Protestants in Ireland , pretend any advantage by that act ? nay , can those few Persons of the first Rank ( whom we call the just adventurers , and whose moneys were really imployed in the Irish War ) lawfully enjoy the Irish Land , until the Rebels be declared by the two Houses of Parliament to be wholly conquered ; until a Commission issues forth under the great Seal of England to examine who are the Rebels , and who are Innocents ; and until , after the performing these essential Formalities required by the Act , they receive by a just and legal way of proceeding , their respective Proportions of the Forfeited Estates ? The first Minister of State ( a Lawyer by his first profession ) cannot be ignorant of these varieties ; especially when he perswades his Royal Master to speak after this manner , in his Declaration for the Settlement of Ireland , pag. 7. Therefore in the first place , in order to the settlement of that Interest claimed by the Adventurers , alth●ugh the present Estates and Possessions they enjoy , if they were examined by the strict Letter of the Law , would prove very defective and invalid , as being no ways pursuant to those Acts of Parliament upon which they pretend to be found , but rather seem to be a structure upon their subsequent assent , both to the different Mediums and ends , than the observance of those ; yet who being always more ready to consult , &c. Can any thing be spoken more plain to prove the nullity of the Adventurers Title by the Act of 17. Car. 1 ? And could the supream Judge of the Court of Equity give a more unjust sentence , than to say , although this Party can pretend no right to the Estate in question , yet I am pleased to adjudge it for him ? The matter in dispute is no less than the land of ten Counties , the parties pretending are the Irish Proprietors , and the London Adventurers : The first enjoyed it for so many ages , they have their Patents and Evidences to shew for it , and they lost it at length upon the account of Loyalty , fighing for the Kings Interest against the Murderers of his Royal Father : the last ( as 't is acknowledged by the words of the Text ) have no other Title but what they derive from the Ordinance of an usurped Government , for having disbursed vast sums of Money to countenance Rebellion , to pull down Monarchy , and put up a pretended Common-wealth . And yet the Land is adjudged for them , and confirmed to them and their Heirs for ever : The Second main Interest obstructing the Restoration of the Irish , is that of Cromwel's Souldiers , who are not mentioned in the Act of 17 Caroli ; neither indeed do they pretend any other Title to their Estates , but that of the Sword , which they have always imployed against the late King , and his present Majesty , enjoying as a Sallary for their service , all the Irish Estates in twelve Counties . I do not think any man will be so impudent as to justifie this prodigious Title ; I am sure their greatest Patrons never durst say they were just , but they said very often , it was convenient to confirm them in possession of other Mens Land. And perhaps we shall not find many other States-men ( among the Followers of the Gospel ) who will allow a conveniency so apparent against Justice : Ruat Coelum & fiat Justicia , is a Motto which better becomes a Lord Chancellour ; Then , let us not do what is just , but what is convenient . It is indeed a most wonderful conveniency to dispossess the Ancient Proprietor who Fought for the King , and give his Estate to a Fanatick Souldier who Fought for Cromwel . To suppor this pretended Conveniency , the first Minister of State made use of a strong Argument , derived from the great power of the Cromwellists in Ireland ; and thus he makes it out : The English Army is very considerable now in Ireland , they have Swords in their hands , and they are in possession of all the great Towns , and strong holds in that Kingdom , it is not therefore safe to irritate them ; Nay , there is an absolute necessity ( as the case stands ) to confirm them in their present possessions , For we must not do what is just , but what is is convenient . These words were often delivered in Councel , as so many Oracles , and perhaps the greater Statesman did not seriously reflect , whether the same Argument might not serve as well to confirm all the Cromwellists in England , in their unlawful Acquisitions of the Crown and Church-Lands , and so many Cavaliers Estates , whereof they were dispossessed upon his Majesties Restauration , without any great noise , and less danger ; and yet they were then very considerable : They had Swords in their hands , and they were in possession of all the strong holds of the Kingdom , &c. My Lord , I have been all over the Kingdom of Ireland , and assure your Lordship , that the old Inhabitants and Natives of Ireland , are Ten for one , and far the more considerable Party ; But large Sums have made that corrupt Minister say any thing that seemed advantagious to support that other Interest : I am confident , My Lord , admitting them as inconsiderable as he would have them , it cannot be half so formidable , as the power of that party was in England when the King came in . These were all disbanded in less then Six Months time , and now 't is more than Seven years , that the Fanatick Army is maintained in Ireland without any necessity , which , occasions that his Majesty receives no Revenue out of that vast and fertil Kingdom ; Nay , he is obliged to send yearly a considerable sum of Money out of England , for the maintenance of that Army : For my part I cannot nnderstand how the King might safely reduce the English Army , and that it should be dangerous for him to disband the Irish Forces , who were not half so numerous , nor so much to be feared as those in England . If the want of Money hindred their disbanding at once with their Brethren in England and Scotland ; might not they reduce by degrees , and by Regiments , in eight years time ? I think it is sufficiently evidenced that the Cromwellian party in Ireland have no more power than what his Majesty hitherto is pleased to grant them , by the advice of his first Minister , who upholds that Fanatick Army for his own sordid , if not wicked ends . Let that Favourite that perswades his Master to tolerate Injustice and Oppression , upon the account of a Servile Fear , have a care that he be not one day convinced either of ignorance . Rex est qui posuit metus , & diramala pectoris , quem non ambitio popularis , & nunquam stabilis faveur Vulgi praecipitis movet . The third grand interest , and the most destructive to the Natives , is that of the Protestant Officers , who served his Majesty ( or the Parliament ) in Ireland , before the year 1649. Whose arrears have been cast up , and stated to the vast sum of Eighteen hundred thousand pounds sterl . in satisfaction whereof , the part of a whole Kingdom ( which certainly is worth many Millions ) is conferred upon them . They are entitled to all the Natives Estates in four great Counties , to all the Cities , Corporations , and Walled Towns in Ireland , to all the Land situated within a mile to the Sea , and to the River of Shanon in the Province of Conaught , and County of Clare , to all the Debts , Leases , Mortgages , and the Reversions of the Irish ; for not only the real Estates , but also all other pretensions and Titles of the unhappy Natives are forfeited : And leest all this should come short to content this insatiable Party , the last act allows them one hundred thousand pounds out of the two half years Rent from Adventurers Souldiers , and restored Irish . Though the Roman Catholick Officers have always faithfully adhered to the Kings Interest , and never deserted his service ( as all , or most of these Protestant Officers in Ireland have done , when the Usurper prevailed ) yet they being Papist , disables them from any satisfaction for their service , which was a Qualification not imposed on the Catholicks in England , &c. But since the Cessation of Arms concluded in the year 1643. There was no more fighting between his Majesties Protestant , and Roman Catholick Subjects , which makes a great difference between their Loyalty in the point of merit , and that of our Cavaliers in England , who , out of a generous resolution , without any necessity , or consideration of private Interest , did freely embrace his Majesties Quarrel , siding always with the best , although weakest party , which they maintained , for the space of Six years , at their own charges , with the loss of so many thousand brave lives , who were all Sacrificed as unspotted Victims on the Altar of Loyalty . How comes it then to pass , that a handful of Irish Protestants should be allowed 1800000 l. for two years service , and that our English Royalists , who were a hundred times more numerous continued thrice longer in serving the King and whose pure Loyalty was never tainted with the mixture of any treachery or private Interest , should get among them all , without distinction of Nation or Religion , but 70000 l. to be distributed among the Needy Cavaliers , ( who had neither Estates of their own , nor any publick Chrges or imployments ) to keep them from starving ? Upon what account should the Officers of the Four or five Garrisons in Ireland that plundered ten times more then their pay came to , enjoy four large Counties , and all the great Towns and Corporations of a Kingdom , whilst the whole body of the Royallists in England are so much slighted that there is not one Parish in the Country , nor Street in any City , conferred upon them ? Will not the Irish Forty nine Men allow us , that Prince Rupert , the Duke of Newcastle , Montross , Bristol , Barkley , Middleton , Rochester , Gerard , and several other Noblemen of England and Scotland , deserve to have their Arrears stated and satisfied , as well as the Grandees of Ireland ? I , there any conveniency , ( for I am sure there can be no Justice ) to provide for the one and not for the other ? It cannot be said that his Majesty is obliged by the Act of 17. Car. by his Declaration from Breda , or any other Covenant , to recompence in so large a manner , the mercenary service of his Protestant Officers in Ireland , without any regard to be had for the innumerable Sufferings , and present want of so many Indigent Cavaliers in England , who have not bread to eat , nor a house to lye in , and scarce a Rag to cover their Nakedness . To give some colour to this apparent partiality , the first Minister of State is forced to betake himself to his last refuge , telling , as for a final reason , that the Protestant English Interest cannot by maintained in Ireland , without extirpating the Natives . And therefore , that the Counties and Corperations undisposed of by the Commonwealth , must not be restored to the Natives upon any account . The preservation of this Interest is now become ultima ratio , and the non plus ultra to all political Debates ; and seeing the Learned Gown-man will needs establish it for a first Principle not to be denyed , is not amiss to consider more attentively this Idol , that occasions so much impiety . As for the Protestant Interest , I must confess his Majesties bound to maintain it in all his Kingdoms and Dominions , as far forth as the Glory of God requires , and the Law of Nations , and the several Constitutions of particular places will admit . Certainly , no Man ( though never so zealous , ) will say , that his Majesty was obliged , when he held the Town of Dunkirk in Flanders , to expiate the ancient Inhabitants , and place new English Colonies in their room , for the preservation of a Protestant Interest . True Religion was ever yet planted by preaching and good example , not by violence and oppression : An unjust intrusion into the Neighbours Estate , is not the right way to convert the ancient Proprietors , who will hardly be induced to embrace a Religion , whose Professors have done them so much injustice : And as to the present Settlement of Ireland , it is apparent to the World , that the Confiscation of Estates , and not the Conversion of Souls , is the only thing aimed at . If by the English Interest we understand the present Possession of the London Adventurers , and of Cromwel's Souldiers , there is no doubt it is inconsistent with the restoration of the Irish , neither can the New English Title to Land be well maintained , without destroying the old Title of the Natives ; even as the Interest of the late Common-wealth was incompatible with Monarchy , and Cromwels Protectorship was inconsistent with the Kings Government But , if by the English Interest , we understand ( as we ought to do ) the Interest of the Crown and Cavaliers of England , I see no reason why it might not be preserved in Ireland for 500 years to come ) as well it was preserved there for 500 years past , without extirpating the Natives . Why could not the English Interest be maintained in Ireland , without extirpation , as well as the Spanish Interest is preserved in Naples and Flanders ; the French Interest in Rossilignion and Alsace ; the Swedish Interest in Breme and Pomerland ; the Danish Interest in Norway ; the Austrian Interest in Hungary ; the Venetian Interest in Dalmatia ; and the Ottoman Interest over all Greece ; and so many other Christian Provinces , without dispossessing the Antient Inhabitants of their Patrimonies and Birth-rights ? Forts , Cittadels , Armies , and Garrisons Punishment and Reward , were hitherto held the only lawful means for the Christian Princes to maintain their Authority , and secure their Interest : Such an extirpation was never yet practised by any Prince that followed the Law of the Gospel . But , supposing that the preservation of an English Interest were so sacred a thing , that it may be held lawful in that regard to extirpate the old Inhabitants of Ireland , who have received from the hand of God that Portion of the Earth for their Inhabitants ; upon what colour of Title can our rigid Statesman design the extirpation of so many Families in Ireland , or the English race and Extraction , lineally descended from the best Families in England , and those Antient English Colonies who first brought over that Interest into Ireland , and maintained it there for so many Ages ? If this Cannibal English Interest , gives no better quarter to the Children of English in Ireland , what can Strangers expect ? Nay , what assurance can be had for the prosperity of those very Adventurers and Souldiers , that after an Age or two they shall not be likewise devoured , or displaced to make room for a new swarm of English Planters , upon the account of securing a new English Interest : And those new Colonies also within an Age after , shall extirpated upon the same score ; For the Children of those who were planted in Ireland , about the beginning of King James his Reign , are now destroyed , for the better security of an English Interest , as well as the posterity of the first English , who Invaded the Country in the days of King Henry the Second ; so that to the Worlds end , if we follow this Rule , we shall never be able to secure the English Interest in the Kingdom of Ireland . The Grandees are the Fourth and last in order , that obstruct the Restoration of the Irish Natives : Their Title is soon examined , being only founded on the Kings free Grant ; for it cannot be said that His Majesty was bound by any former obligation , or pretended conveniency , to confer on his Courtiers and Favourites the Land of other People . Can there be any conveniency ( not to speak of Justice ) that the Kings only Brother , and Heir apparent to three Crowns , should enjoy so many thousands a year in Ireland of poor Gentlemens Estates , whereof some had the honour to serve under his Command in Foreign Countreys ? And is it fit to expose his Royal Highness and his Princely Posterity to the many inconveniencies , and heavy Judgements which commonly follow illegal and unjust acquisitions ? It is a remarkable passage , that Miles Corbe● and other Regicides , who went over into Ireland , got a large proportion of Irish Land , for no other service , but the execrable Sentence of Death which they gave against our late Soveraign , and that the Duke of York should now enjoy all that Land , by no other Title but that of the Regicides . The Land was given them by a Tyrant , for murthering the King , let the World judge of the goodness of their Title ; certainly whosoever comes to inherit them , can have no better . I shall make no mention here of so many Courtiers of a lesser Sphere , who have got vast Estates in Ireland , by his Majesties free Gift , and whom the first Ministers of State have purposely interressed in that Kingdom , to engage them against the Natives ; whereby the Restoration of the Irish is rendred impossible , and the satisfaction of Adventurers and Souldiers already disposed by the Decrees of the last Court of Claims , is much obstructed , so many fresh Grants exhausting the stock of Reprisals . My Lord , I have hitherto set down in brief the hard usage extended to the Irish since his Majesties Re-establishment , and examined the Title of the several Interests obstructing their Restoration . Now it remains to say somewhat of the undoubted right , and indisputable Claim of the Natives , to those Estates which by Cromwels Decree , and his Majesties confirmation , are kept from them . I will not take upon me to justifie their first rising , ( although I have seen a Treatise in Latin proving the lawfulness , or rather the necessity , of that War on their side , having begun it in their own defence , to prevent the general ruin and destruction designed against the Kindom and themselves ( by the Presbyterian party both in England and Scotlana ) I shall not excuse any Subjects presuming to take Arms , upon any account or pretence whatsoever , without the Authority of their Prince ; I will only say , that by their Insurrection ( how bloody and barbarous soever some are pleased to print and paint it ) four hundred English could not be found murdered in Ireland , as appeareth by the proceedings ( and Records yet extant in Dublin ) of the Usurped Powers severe inquiry , and their Court of Justice , that for want of Men did hang Women , not only without legal proof , but without probability that they could or would be guilty of killing Souldiers , or Innocent English . The Irish insurrection , I say ▪ hath not been accompanied with that Insolence and Malice in the beginning , nor with those sad and dismal effects in the end , which other Rebellions have been guilty of , and some Pamphlets have charged the Irish with . They were scarce 22 Months in Arms , when they yielded to a Cessation upon the first notice given of his Majesties pleasure , although they had then the upper hand of their Enemies ; and it was known the Protestant party could not be well preserved without it . This Cessation was enlarged from time to time , until a final Peace was solemnly concluded in the City of Kilkenny , in the year of our Lord 1648 by , and between the Lord Duke of Ormond , his Majesties Commissioner , in the behalf of his Majesty ; and the General Assembly of the Confederate Cathol●cks of Ireland , in the behalf of the said Confederate Catholicks . This peace was no sooner published , than all the Garrisons , Forts , Citadels Strong-holds , and Magazines of the Irish , were put under the Command of the Kings Lieutenant ; all the Nobility , Gentry , and Magistrates , both in Cities and Country submitted to his Government . And though the English Rebels have been ever since very succesful in all their attempts , yet the Irish , notwithstanding they were offered any conditions by the Usurper , held out , with an undaunted Courage , until the last Town , and the last Fortress was lost , and until they received express Orders from his Majesty to yield to the times , and to make the best conditions they could for their own preservation . It is remarkable , that this peace was concluded in a time , when the Irish Nation was in a most flourishing condition , having Armies in the Field , and most of the Cities and great Towns in their possessions , and more than three parts of the Kingdom under their command , when they were courted by the Parliament of England , and solicited , by some Neighbouring Potentates , and when by espousing his Majesties quarrel , ( who was then destitute of all humane support ) they were to draw on their Country all their united Force and Power of the Victorious Rebels in England and Scotland , and consequently expose themselves and their Posterity to the danger of an unevitable ruin and destruction . I know their Adversaries have practised all the artifice that Malice could invent , to perswade the World , that his Majesty is no way obliged to make good that peace which was concluded by the Authority of his Royal Father . And Solemnly confirmed by himself . Those Articles , they say , were forced from His Majesty by the Irish Confederates who ought to loose the benefit of all his Majesties gracious concessions , having banished the Lord Duke Ormond , His Majesties Lieutenant , out of Ireland . It is easily proved , that the King was forced to take the Solemn League and Covenant , when he was environed by the Presbyteriam Army in Scotland : But I do not understand how it can be made out , that the Confederates of Ireland were able to exort that peace from his Majesty , who was then in France . It will seem very ridiculous to say , that the Lord Marquess of Antrim , and the Lord Muskry ( imploy'd by the Consederate Catholicks , to solicit , in a most humble manner , for those Articles which only contain a pardon for the past , and the liberty of Free-born Subjects for the future ) should come to Paris with a train sufficient to force a Sovereign Prince , lodged in the Louvre , who was Cousin German to his most Christian Majesty The other Assertion , that the Lord Duke of Ormond was banished out of Ireland by the Confederates , is very false ; His Lordship being driven out of the provinces of Leinster and Munster , by the power of Cromwels . Army , and forced to retire to the province of Connaught , from whence he took Shipping for France , to inform the Queens Majesty of the sad condi●ion of that Kingdom , and to implore some succour from abroad , ( which if timely obtained ) might probably give a stop to Cromwels conquest , and render him unable to bring his Victorious Forces out of Ireland , and defeat his Majesty at Worcester , His Lordship having appointed the Lord Marquess of Clanrickard to Command in his absence , as the Kings Deputy , to whom the Nation shewed all due obedience and submission ) is a manifest argument that his Lordship was not banished out of the Kingdom by the Confederate Catholiks ; for whom he named , a Commander in his own absence : neither can it reflect upon the generality of the Nation , what was decreed by some prelates convened in Jamestown , whose unseasonable zeal was soon after condemned , and protested against by a general Assembly held in Loghreagh , of the Clergy , Nobility , and Gentry of the whole Kingdom . And the advantagious proposals then made by Cromwels Agents , were generously rejected by that Assembly , the Nation having unanimously resolved to rise or fall with the Kings Interest . But what need we any other Evidence to prove that the Irish did not generally violate the Articles of that peace , then His Majesties own words , in the preamble of his Declaration for the Settlement of Ireland . And therefore we could not but hold our self obliged to perform what we owe by that peace to those who had honestly and faithfully performed what they had promised to us , &c. The Irish being at the last over-power'd at home , though they lost their Countrey , they did not fail in their Loyalty , most of their young Nobility and Gentry having followed his Majesty into Forreign Countries , and resorted from all parts to side with those Princes who favoured his Interest ; when the King was in France , they quitted the Spanish service ; and when he came to Flanders , they abandoned the French service and flocked in great numbers about his Royal Person , having made up in short time , a handsome body of an Army , which rendred his Majesty considerable to his Friends abroad , and dreadful to his Enemies at home . These are verities that none dare impugn , seeing the King himself is most graciously pleased to own them in his Declaration . And in the first place , we did , and must always remember the great affection a considerable part of that Nation expressed to Vs during the time of our being beyond the Seas , when with all cheerfulness and obedience they received , and submitted to our Orders , and betook , themselves to that service which we directed as most convenient and behooveful at that time to us , though attended with inconveniency enough to themselves : which demeanour of theirs , cannot but be thought very worthy of our Protection , Justice and Favour . My Lord , Is it not a sad case , that the Irish Nation who sacrificed their Lives , their Estates and Fortunes , and all the Interest they had in their Country for the Kings service , who followed his Majesty abroad , and stuck to him in his Banishment , when he was abandoned almost by all the rest of his Subjects in the three Kingdoms , should now be in a far worse condition , than they were reduced unto , during the Usurpers Reign ? For then their Estates were kept from them by violence , and the un-resistable power of Cromwel's Army ; but now they seem to be legally adjudged against them by two Acts of Parliament . They were then in hopes that God would one day Re-establish his Sacred Majesty in a peaceable and entire Possession of his Crown and Kingdoms , and consequently restore to them their ancient Patrimonies , which they lost upon the account of his Interest : But now , they behold his Majesty seated in the Glorious Throne of his Ancestors , and themselves out of all hopes of ever enjoying their Estates , which are conferred on their ( and his Majesties ) Enemies , by a final sentence pronounced against them ; and ( which surpasseth all the misery that can be Imagined ) they are eternally condemned by a Messias , in whom they hoped for redemption , and for whose sake they sacrificed their lives , lost their Fortunes , quitted their Countrey , and forsook all that was dear to them in this World : And this done by the corruption and covetousness of two or three persons , whereof one was the first Minister . The extraordinary merit of this Nation in his Majesties service , was fresh in his Majesties memory when he spake after this man-to the House of Peers , on the 27 July , 1660. Touching the Act of Indempnity ; I hope I need say nothing of Ireland , and that they alone shall not be without the benefit of my Mercy : They have shewed much affection to me abroad , and you will have a care of my honour , and what I have poomised to them . My Lord , to pass by Honour and Gratitude , ( which some States-men little value ) how shall we excuse the Injustice of these proceedings ? Suppose the Peace concluded in the year 1648. was invalid , and that his Majesty received no service abroad from any of the Irish Nation , can he in justice condemn 7000 Innocents , ( before they are heard ) inoffensive Persons , who never offended his Royal Father , nor himself : Let us suppose farther , that an Innocent person could not be found in all Ireland , that every individual of that Nation were an obstinate Rebel from the beginning , and that none of them ever deserved the least favour from his Majesty in point of Conscience , Honour , or Gratitude ; can our prime Minister and his adherents say , that so many thousand Widows and Orphans ( though never so criminal ) are not fit objects of his Majesties Compassion and Clemency ? That Kings are the Anointed of the Lord , and his Lieutenants on Earth , is an infallible truth received among Christians ; and as they derive their power immediately from God , so they ought to imitate him in their Actions . But of all the Divine Attributes , his Mercy , as it is above all the rest of his Works , Misericordia ejus supra omnia opera ejus , so is it that alone which Princes are most concerned to follow . It is by this Heavenly Virtue , that good Kings have been always distinguished from Tyrants , and that they appeared to their Subjects as the very Images of Divinity . I do not think that the English Crown was ever worn by a Prince more Benign and Merciful than Charles the Second , I am confident there is no King now living on Earth , who hath given a larger Testimony of his natural propensity and inclination that way . How great then must be the Guilt of those Ministers of State that cunningly obstructed the effects of the Bounty and Clemency of so good and gracious a Prince towards an Innocent people ; and perhaps not the least deserving of his Subjects ? Their gettings by the Bills of Settlement spoils their plea , and pretence for the promotion of protestancy . It will seem a paradox to posterity , that the Irish Nation , which in all Insurrections hath been pardoned , and preserved by the Royal Bounty of Kings , meerly English should now be condemned to an eternal extirpation by a King of old Irish extraction ( lineally descended from Fergusius a Prince of the Royal blood of Ireland ) who of all the Kings that ever Regned in England , was most obliged to the Irish Nation , and that during the Reign of Charles the Second , ( the most merciful Prince that ever wore a Crown ) so many thousand Innocents should be exempted from a hearing , and others from a General pardon , which by a Mercy wholly extraordinary , doth extend to some of the very Regicides . These are verities not to be doubted of in our dayes , which after Ages will hardly admit , seeing the like was never before Recorded in Annals , or mentioned in any History : For , since the Creation of Adam to this day ( and perhaps our posterity to the Worlds end , may be as far to seek ) we cannot produce another example of the like measure extended to a Christian people , under the Goverment of a most Christian Prince . The most bloody Tyrants of former Ages , even those Monsters of Nature , who seemed to be born for no other end , than the desolation of Mankind , did never extirpate their old Friends , to make room for their reconciled Enemies : So that it must be a very difficult matter to perswade those who are not Eye-witnesses of the Fact , that the Royal Authority of our Gracious King , which here in England maintains the Peer in his Splendor and Dignity , the Commoner in his Birth-right and Liberty , which protects the Weak from the oppression of the mighty , secures the Nobility from the Insolence of the people , and by which Equal and Impartial Justice is indifferently distributed to all the Inhabitants of this Great and Flourishing Realm ; should be at the same time made use of in his Kingdom of Ireland , to condemn Innocents before they are heard , to destroy so many thousand Widows and Orphans , to confirm unlawful and usurped possessions , to violate the publick Faith , to punish Virtue , to countenance Vice , to hold Loyalty a Crime , and Treason worthy of Reward . The bloody and covetous States-man who chiefly occasioned all this disorder , was very often heard to say , with a fierce countenance , and passionate tone , the Irish deserve to be extirpated , and then he would ( after his usual manner ) come out with a great Oath , and swear , they shall all be extirpated , Root and Branch . Good God , what a Heathen expression is this in the mouth of a Christian , who is expresly commanded to love his Enemies ? Does he think that the Divine Providence , which orders the growth of Herbs , the fall of Leaves , and appoints an Angel for the guard of every individual person , takes no care to preserve an entire Body of a Nation ? and that it shall be in the power of one man to destroy the work of God at his pleasure ; of such a Man that could not prevent his own disgrace , not avoid the many other inconveniences which are like to fall upon him . This proud Haman , who , joyntly with some few others , to get Money for themselves , and Estates for their Children ) contrived the general extirpation of the whole Irish race ; but before he could fully compass his wicked Design ( I must confess he went very near to do it , and if God had given him a longer continuance of power he would undoubtedly make good his word ) was forced for his own safety , and the preservation of his life , to quit his fine House , forsake his Family , and bid his Countrey farewel , and to travel in his old age , in the dead of Winter , through so many dangers at Sea , and incommodities by Land , to seek for some shelter abroad , seeing he could not be secure at home Justu es , Domine , & justum judicium tuum . He is gone with all his Greatness , and the miseries of the poor Irish do still continue ; however they are yet in being , and live in hope that the fall of their Mortal Enemy may be a beginning of their Rise , and that his Majesty will now seriously reflect upon the unparallel'd usage hitherto extended to that Nation , who are deprived of the Benefit of Law , Justice , and publick Faith : The cryes and tears of more than an hundred thousand Widows and Orphans , being worthy his Majesties Princely consideration . And certainly there can be no great difficulty met with to dissannul two illegal Acts , which are evidently repugnant , not only to the Law of God and Nature , contrary to the common reason , and consequently void in themselves ) but also to all sound Policy and reason of State ; For that the true Interest of England ( as relating to Ireland ) consists in raising ▪ he Irish as a Bulwark , or ballance , against our English and Scotch Presbyterians . The Irish Papists agreed so well , and lived so peaceably with our English Prelatiques , during the Reign of King James , and Seventeen years of King Charles the First , that they seemed to be of one mind in all matters : And when the Presbyterian practises and Covenant began to disturb these Kingdoms , the Papists and Prelatiques in Ireland ( as well as in England ) joyned their hearts and hands against Presbytery for the King. The great Earl of Strafford judged it was a true Protestant Cavalier Interest , to raise an Army of Papists in Ireland thereby to keep in awe the Presbyterians of Scotland and England . And indeed the Presbyterian designs could never have had been compassed , if the King had not been forced to disband the same Army Then the Earl ( now Duke of Ormond ( thought it was the true English and Cavalier Interest , joyn in Parliament with the Roman Catholick Nobility and Gentry of Ireland , against the Presbyterian Lords Justices , and their Faction ; and therefore joyntly with them , resolved to secure their persons , and seize upon the Castle and Magazine of Dublin , for his Majesty ; But this their Design was quashed by an inconsiderate attempt of some Northern Gentlemen , which occasioned the late Rebellion and encouraged the presbyterian Lords , Justices to force the Kings Loyal Subjects into desperate Courses : But no sooner were the presbyterian Lord Justices deposed , and imprisoned by the Kings commands , but the Roman Catholicks , returned to their Duty , first by a Cessation , next by a submissive peace , delivering the whole Kingdom to the Duke of Ormond , and joyning with the Cavalier party against the Kings Enemies , and so continued untill both were over-powered by Cromwel . Another reason why understanding men judge the Irish ought to be preserved , and their Interest preferred before that of Cromwels Creatures , is , that the English of Ireland are not able to defend themselves against the Scots in that Countrey ; If the Irish be Neuters . The Scots are a people so numerous , so needy , and so near unto Ireland , so cunning , close , and confederated in a common Interest , that some of our States-men apprehend , they may soon possess themselves of the whole Island , they being at this present , not only Masters of Vister , but spread over the other provinces , and very well armed . Now , if despair should dictate to the destroyed Irish , that it is their conveniency to joyn with the Scots against the English that possess their Estates , without question the English Interest will be lost in Ireland . It is better therefore , that the Irish Nation be gained , by restoring them to their own ( such only excepted as had their hands in murdering English ) than that a few presbyterian and phanatick up-starts be made great by other Mens Estates , and the whole Kingdom endangered to be wrested out of our hands , and seperated from the Crown of England . You see , my Lord that there seems to be as little conveniency as Conscience in my Lord Clarendon's , and his covetous partners Settlement of Ireland ; yet I must confess this Domestick affair agreeth well with his policy in Foreign Negotiations . Until his time the Statesmen of Europe ( particularly the English , ) made it their business to keep the scales equal between France and Spain , least either of those two potentates might aspire unto an Universal Monarchy ; But the Earl of Clarendon made it his business to utterly destroy Spain , and exalt the French King to such a height of power , that in a short time he might be Master of the Netherlands , and find no opposition in his way into England ; And indeed had not our Kings Conduct and Courage been extraordinary , in closing up a new Defensive League so seasonably , and in concluding a peace between Spain and Portugal , no part of Europe that is worth the Coveting , could be free from the French command . I hope , that as God hath inspired his Majesty to prevent ( by this League and peace , ) the dangers which corrupt Ministers drew upon us , so He will move him to establish a lasting peace in his Dominions , by a just repeal of the Irish Act of Settlement ; And thereby to quash all the Designs against England , That France or any Foreigner may endeavour to ground upon the discontents of a destroyed , and desperate people . Now , my Lord , that you have had this account of the transactions in Ireland since his Majesties Restauration , it were an act worthy your Lordship ( being a leading Member in the House of peers in England , and much relyed upon in the House of Commons ( to make it your request to his Majesty , that the Business of Ireland may receive one publick hearing , and all parties concerned appear by their Agents , which if your Lordship prevail to get done , if the Settlement as it is now Established , be deemed Just , will be happy for the possessours , and take away all Calumnies that the Irish do over all the World east on the Managers of that Settlement ; But if it appear not to be a just Settlement , then Justice in so high a degree will become the King , and his Highest Court , and will evidence the Truth or Nullitie of what hath been here been offered to your Lordship , by , My Lord , Your Lordships most Faithful and most Humble Servant F. D. FINIS . Notes, typically marginal, from the original text Notes for div A40454-e120 * The D — of O — hath added as much to his own ancient Estate , by the new settlement of Ireland , as would have satisfied all the Claims of the just Adventurers . And Anglesey and Kingston little less . In the Province of Ulster , but Three of the Natives restored , viz. My Lord of Antrim , Sir Henry O-Neil , and one more of an inconsiderable Estate . In the Province of Conaught , but Four viz. the Earl of Clanrickard , Lord of Mayo , Coll. John Kelley , and Coll. Moor. Which the Natives call the black Bill ,