The Project Gutenberg EBook of Ireland Under the Stuarts and During the Interregnum, Vol. III (of III), 1660-1690, by Richard Bagwell This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you'll have to check the laws of the country where you are located before using this ebook. Title: Ireland Under the Stuarts and During the Interregnum, Vol. III (of III), 1660-1690 Author: Richard Bagwell Release Date: August 21, 2017 [EBook #55405] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK IRELAND UNDER THE STUARTS *** Produced by Brownfox and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images generously made available by The Internet Archive) IRELAND UNDER THE STUARTS VOL. III. [Pg i] [Pg ii] By the same Author IRELAND UNDER THE TUDORS 3 vols. 8vo. Vols. I. and II.—From the First Invasion of the Northmen to the year 1578. (Out of Print.) Vol. III.—1578-1603. 18s. IRELAND UNDER THE STUARTS AND DURING THE INTERREGNUM 3 vols. 8vo. Vols. I. and II.—1603-1660. With 2 Maps. 28s. net. LONGMANS, GREEN, & CO. London, New York, Bombay, Calcutta, and Madras IRELAND UNDER THE STUARTS AND DURING THE INTERREGNUM BY RICHARD BAGWELL, M.A. HON. LITT.D. (DUBLIN), AUTHOR OF ‘IRELAND UNDER THE TUDORS’ Vol. III. 1660-1690 WITH MAP LONGMANS, GREEN, AND CO. 39 PATERNOSTER ROW, LONDON FOURTH AVENUE & 30th STREET, NEW YORK BOMBAY, CALCUTTA, AND MADRAS 1916 All rights reserved [Pg iii] CONTENTS OF THE THIRD VOLUME CHAPTER XL THE RESTORATION GOVERNMENT, 1660 PAGE The Irish Convention 1 Charles II. proclaimed 3 Coote and Broghill 4 The Church re-established 8 CHAPTER XLI DECLARATION AND ACT OF SETTLEMENT, 1660-1662 Position of Irish Recusants 11 The Declaration 13 Various classes of claimants 14 First Commission of Claims 16 The Irish Parliament, May 1661 18 The Declaration debated 19 Conditions of Settlement 20 Insufficiency of land 22 Ormonde Lord Lieutenant 24 He arrives in Ireland 27 The Clanmalier Estate—Portarlington 28 CHAPTER XLII COURT OF CLAIMS AND ACT OF EXPLANATION, 1662-1665 The second Court of Claims 30 Innocents and Nocents 31 General dissatisfaction 32 Discontented soldiers 34 Plot to seize Dublin Castle—Blood 35 Lord Antrim’s case 39 ‘Murder will out’ 42 Bill of Explanation 43 Violent debates 49 The Bill passes 50 CHAPTER XLIII ORMONDE AND THE IRISH HIERARCHY Ormonde’s royalism 51 Peter Walsh, Orrery, and Bellings 51 Walsh and the loyal remonstrance 55 Opposition of Primate O’Reilly 56 Incompatibility of royal and papal claims 58 The Congregation meets, June 1666 61 The Remonstrance rejected 62 Why the Congregation failed 64 [Pg iv] [Pg v] [Pg vi] CHAPTER XLIV GOVERNMENT OF ORMONDE, 1665-1668 Irish Parliament dissolved 67 Mutiny at Carrickfergus 68 Partial exclusion of Irish cattle 69 The Canary Company 70 Disputes on the cattle question 72 Irish cattle excluded and voted a public nuisance 74 Evil effects of exclusion policy 77 Ireland retaliates on Scotland 79 The first Dutch war—coast defence 81 Fall of Clarendon 84 Ormonde and Orrery 86 Recall of Ormonde 87 CHAPTER XLV ROBARTES AND BERKELEY, 1669-1672 Lord Robartes made Lord Lieutenant 89 The Tories 90 Ossory and Robartes 92 Character of Robartes 94 Attempt to impeach Orrery 96 Lord Berkeley and his Secretary 99 Recusants indulged—Oliver Plunket 100 Blood tries to kidnap Ormonde 102 Attacks on the Act of Settlement 102 Lady Clanbrassil 104 The dispensing power 105 Riots in Dublin—Bloody Bridge 106 CHAPTER XLVI GOVERNMENT OF ESSEX, 1672-1677 Essex reaches Ireland 108 Dublin agitators 110 Essex protects Phœnix Park 111 Provincial presidencies suppressed 112 Intolerance of the English Parliament 113 Charles II. submits 114 Agreement of Essex and Ormonde 116 Financial abuses—Ranelagh 119 Ormonde restored to favour 121 And to the Lord Lieutenancy 123 CHAPTER XLVII GOVERNMENT OF ORMONDE, 1677-1685 Revenue troubles 125 Scramble for land 126 Oates’s plot 127 Ormonde and Orrery 129 Intrigues of Shaftesbury 130 Spies and false witnesses 133 Trial and execution of Oliver Plunket 134 [Pg vii] Ormonde’s opinion of the witnesses 139 Castlehaven’s Memoirs 140 Ormonde and Anglesey 141 Tories—O’Hanlon and Power 143 Attack on the Settlement 144 Court of Grace 145 Death of Charles II. 147 CHAPTER XLVIII CLARENDON AND TYRCONNEL, 1685-1686 Accession of James II. 148 Purging the army—Tyrconnel 149 Clarendon made Lord Lieutenant 150 His journey to Ireland 151 Tyrconnel goes to London 152 Irish and French Protestant refugees 153 Judges dismissed 154 A new Privy Council 156 Tyrconnel returns as Commander-in-Chief 157 Catherine Sedley in Ireland 157 Drastic changes in the army 158 Hard cases 159 Tory Hamilton’s case 160 Tyrconnel summoned to London 162 ‘Lillibullero’ 164 Clarendon leaves Ireland 165 CHAPTER XLIX GOVERNMENT OF TYRCONNEL, 1687-1688 Tyrconnel made Lord Deputy 167 The Coventry letter 168 The Land Settlement threatened 169 Protestant corporations attacked 170 The Quo Warrantos 172 Panic among the Protestants 173 Lord Chancellor Porter dismissed 174 Succeeded by Fitton 175 Judges, magistrates, and sheriffs 176 Rice and Nugent in London 177 Declaration of Indulgence 178 Tyrconnel multiplies commissions 179 Irish soldiers in England 180 Fresh regiments raised 181 Death and character of Ormonde 182 Disturbed state of society—Leinster 184 Southwell’s case 186 William’s overtures to Tyrconnel 187 Panic in Ulster—Lord Mountjoy 188 Gates of Londonderry shut 190 Enniskillen and Sligo 191 Break of Dromore 193 CHAPTER L [Pg viii] JAMES II. IN IRELAND, 1689 French designs on Ireland—Pointis 195 Tyrconnel invites James to Ireland 198 France, Emperor, and Pope 198 Tyrconnel prepares for war 200 Attempts at resistance—Bandon 202 Kenmare 203 James arrives in Ireland 206 From Cork to Dublin 208 Avaux and Melfort 209 Fighting in Ulster—George Walker 212 William III. proclaimed at Londonderry 213 James II. in Ulster 214 Naval action at Bantry 217 Confusion in Dublin—John Stevens 218 CHAPTER LI THE PARLIAMENT OF 1689 Tyrconnel, MacCarthy, and Sarsfield 219 The Hamiltons 222 Composition of Parliament 223 The King’s speech 224 The Land Settlement attacked 225 Act of Settlement repealed 227 Act of Attainder 228 Case of Trinity College 231 Treatment of the clergy 232 Commercial legislation 233 Daly’s case—scramble for property 234 French efforts to capture trade 236 End of the Parliament 237 CHAPTER LII LONDONDERRY AND ENNISKILLEN, 1689 Siege of Londonderry 239 An English squadron appears 242 Schomberg orders the town to be relieved 243 Cruelty of De Rosen—indignation of James 245 Londonderry relieved by sea 248 Cost of the siege 250 Defence of Enniskillen 250 Colonel Lloyd—the Break of Belleek 252 Kirke in Lough Swilly—Colonel Wolseley 253 Battle of Newtown Butler 255 Walker in England 257 Controversy as to his ‘True Account’ 258 CHAPTER LIII JAMES II. AND SCHOMBERG, 1689-1690 Schomberg’s preparations 260 He reaches Ireland 261 Carrickfergus taken 263 Berwick evacuates Newry 264 [Pg ix] Flight of Melfort 265 Schomberg refuses battle 266 Military conspiracy 267 Sufferings of Schomberg’s army—Shales 268 Sligo taken and retaken 271 State of Dublin 272 Lauzun sent to Ireland 273 French opinion 274 Brass money 276 Fighting at Newry, Belturbet, and Cavan 278 Avaux and Rosen recalled 280 Lauzun reaches Ireland 281 Disarming the Protestants 282 King and Bonnell 283 Treatment of Trinity College 285 CHAPTER LIV WILLIAM III. IN IRELAND, 1690. THE BOYNE English and French interests 287 Charlemont taken 288 Opposition to William’s expedition 289 He lands in Ireland 290 James moves to meet him 292 William reaches the Boyne 293 Battle of the Boyne, July 1 295 Flight of James 299 Political importance of the battle 301 James escapes to France 304 William enters Dublin 306 Final ruin of the Stuart cause 307 CHAPTER LV SOCIAL IRELAND FROM RESTORATION TO REVOLUTION Ireland after the Civil War 309 Country-houses—Portmore, Charleville, Kilkenny310 Dublin Castle 312 An Irish spa 313 Condition of the poor 314 Ploughing by the tail 316 Some Dublin houses 317 Prosperity under Charles II. 318 CHAPTER LVI THE THREE IRISH CHURCHES The Establishment 319 Jeremy Taylor 320 Bishops ignorant of Irish 321 Condition of the clergy 322 The Irish Bible 324 The Presbyterians 325 The Roman Catholics 326 Oliver Plunket 327 Talbot, O’Molony, and other Bishops 328 [Pg x] [Pg xi] Recusants after James II. 330 Slow growth of toleration 331 APPENDIX Letter from Ormonde to Bennet, 1663 333 MAP Ireland to illustrate the reign of James II. At end of the volume. The Irish Convention. Provisional taxation. Charles II. proclaimed May 14. Lords Justices appointed. IRELAND UNDER THE STUARTS CHAPTER XL THE RESTORATION GOVERNMENT, 1660 The King enjoyed his own again, and England rejoiced exceedingly. Even Oliver’s unbeaten soldiers, disgusted with his incompetent successors, were for the most part ready to retire into private life. Yet the spirit of the Puritan revolution survived, and the Mayor of Dover presented a richly bound Bible to the restored monarch, who graciously accepted it, remarking that it was the thing that he loved above all things in the world. At Canterbury a crowd of importunate suitors gave him some foretaste of future troubles, but the entry into London was wonderful. ‘I stood in the Strand,’ says Evelyn, ‘and beheld it, and blessed God.’ With the shouts of welcome still in his ears Charles took refuge in the arms of Barbara Palmer, and next day issued a proclamation against vicious, debauched, and profane persons. Coote and Broghill were jealous of each other. There is reason to believe that the former was inclined to claim the whole credit of restoring the King, but that the latter proved his own priority by producing a letter from his rival acknowledging the fact. They agreed that the Restoration might be delayed or frustrated by hasty action in Ireland, and that it was better to wait until England herself was committed to it. The officers who had gladly pronounced for a free Parliament might not have been united had royalty been openly favoured. But the Irish Convention lost no time in repudiating Cromwell’s plan of one legislature for the whole of the British Islands, while strongly approving the restoration of the secluded members in England. They declared that ‘as for several hundreds of years last passed by the laws and laudable custom and constitution of this nation, Parliaments have been usually held in Ireland and that in those Parliaments laws have been enacted and laws repealed, and subsidies granted, as public occasion required so that right of having Parliaments held in Ireland is still justly and lawfully due and belonging to Ireland, and that the Parliament of England never charged Ireland in any age with subsidies or other public taxes and assessments, until after the violence offered to the Parliament of England in December 1648, since which time they who invaded the rights of the Parliament of England invaded also the rights of the Parliament of Ireland by imposing taxes and assessments upon Ireland.’ This important declaration was not made for more than a month after the first meeting of the Convention, and the leaders had prevented news from crossing the Channel until they were sure of unanimity. It is therefore not surprising that they were reported to favour separation from England. The Convention now stigmatised this as a calumny originating with Ludlow and his friends, for the idea of separation was hateful to Ireland as absolutely destructive, ‘being generally bone of their bone, flesh of their flesh.’ It was clearly seen that the colonists would have a majority, and means were taken to make it permanent. The Convention pledged themselves to favour education, and to assist in the establishment of a pious, learned, and orthodox parochial clergy supported by tithes or endowments. The adventurers and soldiers were to be secured in the lands they had acquired, and all arrears of military pay to be cleared off.[1] For some months before and after the Restoration all real power was in the hands of the army, but the Irish Convention gave a show of legality to the means by which the soldiers were paid. A poll tax was imposed for this and other public charges, every person of either sex under the degree of yeoman or farmer being assessed at twelve pence, which was the minimum, and the rate rose according to social position. A baron’s contribution was fixed at thirty shillings, and that of a marquis, marchioness, or marchioness dowager at eight pounds, which was the maximum. The chief Protestant gentry were appointed collectors in each county, Coote heading the list for Roscommon and Broghill for Cork. The royalist wire-pullers in London had been urging the managers of the Convention not to go too fast for fear of alarming the Presbyterians, and it was not till May 1 that they published a declaration condemning the high court of justice and the sentence on the late King. The people of Ireland, they said, took the first opportunity afforded them of denouncing the most foul murder recorded in sacred or profane history, considering that it had been committed in a country where the true reformed religion flourished, and that it was contrary to the solemn league and covenant which the murderers had themselves taken.[2] Charles II. was proclaimed in Westminster Hall on May 8, and six days later in Dublin; and there were general rejoicings though the central figure was wanting. The shops were shut, all the finery they contained having been transferred to the citizens’ backs. Hogsheads of wine were provided for the multitude, and the more they drank the better the givers were pleased. The guns of the Castle thundered salutes, volleys of musketry were heard on all sides, bonfires and fireworks blazed until midnight. A headless figure stuffed with hay and reclining on a rude hearse was carried in a mock funeral procession, and subjected to the blows and insults of the mob. The journey ended at the mayor’s door ‘where it was in part burnt before the bonfire there, and part trod to dirt and mortar by the rout.’ Such was the end of the mighty Long Parliament.[3] Sir Charles Coote had been President of Connaught since 1645, and there was no difficulty in his case, since service under the Protector was not to be considered a disability. [Pg 1] [Pg 2] [Pg 3] [Pg 4] Monck and Robartes. Negotiations with England. Position of the Roman Catholics. Broghill’s appointment, if ever regularly made, was of much later date and of republican origin, but he had the military authority and the legal presidency was soon conferred on him also. With these two was associated Major, soon after Sir William Bury of Grantham, who had been one of the Irish Council under both Protectors. These three were appointed Commissioners for the Government of Ireland in January and were members of the Convention though keeping their official work separate. Broghill was generally in London for some time after the Restoration, and Bury, who had Presbyterian leanings and whom Adair calls a religious, prudent gentleman, did not always agree with Coote. Other Commissioners were afterwards added and all were paid at the rate of 1,000l. a year until the end of 1660. In compliance with the wishes of the Irish Convention some of the great offices were filled up very soon after the Restoration. The great seal of Ireland fell to Sir Maurice Eustace, who had been Prime Serjeant and Speaker of the House of Commons as early as 1634, and had afterwards endured seven years’ imprisonment which only ended in 1658. He thought himself too old for the work, and Clarendon was of the same opinion: ‘he was now old and made so little show of any parts extraordinary, that, but for the testimony that was given of him, it might have been doubted whether he ever had any.’ Sir James Barry, the chairman of the Convention, became Lord Chief Justice. He had been Strafford’s attorney-general, and very useful to him in making out the royal title to Irish land. Sir William Domvile, who was made Attorney-General, chiefly on the recommendation of Daniel O’Neill, showed great ability and presided in the Convention in succession to Barry, who became Lord Santry. Arthur Annesley was installed in his father’s old place of vice-treasurer, and was soon created Earl of Anglesey.[4] Monck, now Duke of Albemarle, claimed the Lord Lieutenancy of Ireland where he had an estate, but does not appear to have had any intention of living there. Clarendon says his chief object was to make money. It became necessary to find a deputy, and Charles fixed upon Lord Robartes, whose business capacity was undoubted and who had a good reputation for honesty. He was, however, of a morose temper, seldom agreeing with others, and was much offended at being made Deputy to Albemarle, and not to the King directly, though he was offered the usual power of viceroy. The negotiation dragged on for six months, during which Robartes made enemies of all with whom he had to confer on Irish business, and at last he accepted the Privy Seal, leaving the Government of Ireland to the old Commissioners, while Albemarle, who was too important to displace, remained Lord Lieutenant. In September Coote was created Earl of Mountrath and Broghill of Orrery, and the latter showed his astuteness in securing precedence by getting his patent passed one day before his rival. On the last day of the year the two new Earls were appointed Lords Justices along with the Chancellor Eustace. They were specially authorised by the King to assemble the Irish Convention again in order to provide funds for the payment of the army. The ancient framework of Irish government was completed by appointing a Privy Council of thirty-four members among whom was Sir Philip Mainwaring, made secretary by Strafford in 1634 and still in legal possession of his office. He died a few months later, having received little or no reward for old service and for more than twenty years of poverty varied by imprisonment.[5] Before the Restoration was accomplished the Irish Convention sent over Sir John Clotworthy and Major William Aston as Commissioners to communicate with the still sovereign Parliament of England. Clotworthy, created Viscount Massereene a few months later, was deeply interested in the Cromwellian land settlement and gained much influence by his activity. His unconcealed Presbyterian leanings were forgiven because, in Clarendon’s words, ‘he was of a generous and a jovial nature’ and a staunch Royalist. After the Restoration these two Commissioners were appointed to attend the King along with eleven others, including Coote, Broghill, Barry, Eustace, and Audley Mervyn. They carried with them 20,000l. for Charles and lesser gifts for each of his brothers. Their instructions were to petition for an Irish Parliament consisting of Protestant Peers and Commoners and freed for this turn from the restrictions of Poynings’ law, for an act of oblivion for all Protestants subject to parliamentary exceptions, and for an act for the attainder of such persons as Parliament should select. It was desired that adventurers and soldiers should be settled in their lands and the Irish in Connaught and Clare. Impropriate tithes in the King’s hand were to be restored to the Church, and taxation was to be controlled by the Irish Parliament. These were the chief points insisted on by the dominant party, while the Irish Roman Catholic gentry in London besought Ormonde, who had been the principal means of uniting the three kingdoms, to mediate for them ‘and the remnant of their miserable nation’ who were ready to lay down their lives for the King. Sir Nicholas Plunket was usually the spokesman of these suppliants. On July 27 Ormonde, who became an Irish duke, took his seat in the House of Lords as Earl of Brecknock, and on the same day Charles concluded his speech as follows: ‘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 of what I have promised to them.’[6] Unfortunately for the chances of the Irish Roman Catholics some of them would not wait, but took forcible possession of their old lands, and there were many outrages. The extent of the disorder may have been exaggerated, but the Convention Parliament believed the worst and the result was a royal proclamation, dated only two days after the King’s entry into London, in which he declared himself ‘very sensible of the innocent blood of so many thousands of our English Protestant subjects formerly slain by the hands of those barbarous rebels.’ To prevent the further spread of lawlessness all Irish rebels except those protected by articles were to be apprehended and prosecuted. Adventurers and soldiers were not to be disturbed except by Act of Parliament or due course of law. Many were imprisoned accordingly, and Ireland was quiet while the question of future legislation was being discussed in London. The pressure of business there was so great that little progress was made during the latter months of 1660. Mountrath carried on the provisional government, but his Presbyterian colleague did not expedite the settlement of Church and State. After the appointment of regular Lords [Pg 5] [Pg 6] [Pg 7] [Pg 8] The Church re- established. Attempts to enforce uniformity. Justices things went a little faster. In January five months’ pay was due to the army on which everything depended, beside an old arrear of fifteen months, and the King found it necessary to acknowledge the Irish Convention, thanking them for what they had done, promising a Parliament as soon as possible, and asking for supplies. A poll-tax, as authorised by proclamation of the Lords Justices and Council, was accordingly imposed, baronets being assessed at six pounds with a regular scale down to husbandmen, petty farmers, and handicraftsmen, who were to pay six shillings each. With a Parliament and possible impeachment in the near future, care was taken not to tax either spiritual or temporal peers. The Church, which never ceased to be legally established, had already been restored to its own.[7] Eight Irish Bishops had survived the great storm, and the King with Ormonde and Clarendon beside him ventured to fill the vacancies without waiting for an Irish Parliament. Papists, Presbyterians, and Sectaries were all alike powerless against the Royalist reaction. Bramhall was named for translation to the primacy very soon after the Restoration, and early in 1661 every see was provided for. Two Archbishops and ten Bishops were consecrated in St. Patrick’s Cathedral on January 27, and this unique ceremony was no doubt very impressive. ‘All the orders of the kingdom,’ wrote the new Primate to Ormonde, ‘Justices, Council, Convention, Army, City, graced it with their presence.’ The anthem was supplied by the Dean, William Fuller afterwards Bishop of Lincoln, who sang in very tolerable verse of the essential unity of Church and Crown. Jeremy Taylor, who had been over two years in Ireland, was now Bishop of Down and preached the sermon. Henry Jones of Clogher, who had been Oliver’s scoutmaster-general, was not allowed, or was perhaps too penitent to lay on hands, but held a Bible and presented it to the Primate. Taylor had no doubts about the claims of episcopacy, but in another sermon preached three months later he practically describes his own not very enviable position among the Ulster nonconformists: ‘says the papist, "I will not obey the protestant kings, because, against the word of God, they command me to come to church where heresy is preached"; "and I will not acknowledge the bishops," saith the presbyterian, "because they are against the discipline and sceptre of Jesus Christ"; and the independent hates parochial meetings, and is wholly for a gathered church, and supposes this to be the practice apostolical; "and I will not bring child to baptism," saith the anabaptist, "because God calls none but believers to that sacrament"; "and I will acknowledge no clergy, no lord, no master," saith the quaker, "because Christ commands us to ‘call no man master on the earth, and be not called of men rabbi.’" And if you call upon these men to obey the authority God had set over them, they tell you with one voice, with all their hearts, as far as the word of God will give them leave; but God is to be obeyed and not man, and therefore if you put the laws in execution against them, they will obey you passively, because you are stronger, and so long as they know it they will not stir against you; but they in the meantime are little less than martyrs, and you no better than persecutors.’[8] Nonconformists were now officially styled fanatics, and Mountrath suggested that the King should make 100,000l. by excluding them from the benefit of the new settlement. Orrery was less extreme or less outspoken, but both he and Eustace were willing to give Bramhall a free hand. Only five days before the great consecration a proclamation was issued against Papists, Presbyterians, Independents, Anabaptists, Quakers, and other fanatical persons. Conventicles were prohibited, the bishops being charged to see that the sheriffs and justices did their duty, while military officers were ordered to support them. Another proclamation provided for the commemoration of King Charles the Martyr on January 30, and a third for the prosecution of Tories as traitors unless they surrendered before February 18, in which case those who had not committed murder might be received to mercy on giving security for good behaviour. It was found possible to reduce the army by 1,650 men and a proportionate number of officers during the first twelve months after the Restoration, but to do this 50,000l. had to be transmitted from England. These men no doubt were paid in full, but when that was done eight months of new and fifteen months of old arrears were due to those that remained under arms. It was time to summon a parliament.[9] FOOTNOTES: Declaration of the General Convention of Ireland, &c., newly brought over by a gentleman to the Council of State in England, London, 1660; Mercurius Politicus, 612 (Needham’s last number). Broghill reached Dublin on February 23, which occasioned much joy. Colonel Marcus Trevor to Ormonde, April 17 and 18, 1660, in Carte Transcripts, R.O., vol. xxx. Budgell’s Memoirs of the Boyles, 85-87, 3rd edition, 1737. Budgell was a disreputable person, but can scarcely have invented the story about Coote’s letter. Declaration of the General Convention of Ireland (dated March 12, 1659-60) with the late proceedings there, newly brought over by a gentleman to the Council of State in England, London, 1660; Ordinance of the General Convention ‘for speedy raising of money,’ April 24, 1660, in Marsh’s Library, Dublin; Lord Aungier to Ormonde, May 11, 1660, in Carte’s Original Letters; Declaration of General Convention, May 1, 1660, London and Dublin, 1660 (broadside); Proclamation of General Convention for proclaiming Charles II. (broadside), London and Dublin. Letter of Toby Bonnell, May 16, 1660, in English Hist. Review for January 1904. As a sample of the way in which Coote and Bury agreed to differ see their joint letter of October 4, 1660, in Cal. of State Papers, Ireland; Patrick Adair’s True Narrative, p. 236; Clarendon’s Life, Cont., pp. 124, 229; Eustace to Nicholas, October 3, 1660; Humble desires presented to His Majesty by the Commissioners of the General Convention, MS. Trin. Coll., June 20 and 21, 1600. Clarendon’s Life, Cont., pp. 125-128, 197-199; State Papers, Ireland, December 18 and 19, 1660. [Pg 9] [Pg 10] [1] [2] [3] [4] [5] The instructions to Robartes calendared at July 1660 really belong to 1669. Rawdon to Conway calendared at March 17 and 28, 1660; Instructions for Broghill, Coote and others, n.d., but very soon after May 14 Irish nobility and gentry in London to Ormonde, May 6— the two last from Carte Transcripts, R.O., vol. xxx.; King’s speech to the Convention Parliament, July 27, Old Parliamentary Hist., xxii. 400. Proclamation of June 1, 1660 (broadside), reprinted in Old Parliamentary Hist., xxii. 311. Coote and Bury to Colonel Finch, September 3, and Lord Montgomery to Ormonde, October 31, 1660, enclosing letter from Jeremy Taylor—Carte Transcripts, vol. xxxi. George Rawdon to Lord Conway, January 23, 1660-1, in State Papers, Ireland. Ordinance of Irish Convention, March 1, 1660-1, in Marsh’s Library, Dublin. Taylor’s sermons of January 27 and May 8, 1661, in his Works, ed. 1839, vi. 301, 348. The words of Fuller’s anthem are in Mason’s Hist. of St. Patrick’s, 194, and in the 32nd Report of the Deputy Keeper of Public Records, 107. The opening lines are: ‘Now that the Lord hath readvanced the Crown, Which thirst of spoil and frantic zeal threw down.’ And the concluding chorus: ‘Angels look down, and joy to see Like that above a Monarchy. Angels look down, and joy to see Like that above an Hierarchy.’ Proclamations of January 19, 21, and 22, 1660-1, in State Papers, Ireland, and the Lord Justice’s speech, ib. calendared at May 11. [6] [7] [8] [9] Position of Irish Recusants. Irish demands considered. The Declaration. Adventurers. Soldiers. 49 officers. CHAPTER XLI DECLARATION AND ACT OF SETTLEMENT, 1660-1662 In the autumn of 1660 Sir Henry Bennet, who then represented Charles at Madrid, forwarded a letter from Hugh O’Neill calling himself Earl of Tyrone. The brave defender of Clonmel and Limerick felt that his end was near and begged favour for his family ‘which a long and sad experience will have taught them to value as they ought to do.’ Roman Catholic refugees from Ireland, whatever part they might have taken in the long struggle with the Parliament, felt that only the King could now help them. At his command they had been ready to change from the service of Spain to that of France, and to go wherever his policy required them. They were included in the Breda declaration which promised oblivion for the past and toleration for the future. In London they found many sympathisers but also many enemies, and the latter proved much the stronger party. The adventurers and soldiers occupied all the best parts of Ireland, and by the proclamation of June 1 they were confirmed in their possessions until the King with the advice of the English or Irish Parliament should ‘further order, or that they be legally evicted by due course of law.’ Charles spoke under pressure at the dictation of the English Parliament, but he was bound by the Act of 1642 which pledged two and a half millions of Irish acres for the cost of the war. He was not the man to risk his own position from sentiment or from a sense of justice, but as far as he could do so safely he sympathised with the dispossessed natives. He owed his restoration to England, and Scotland and the English in Ireland, ‘but,’ says Clarendon, ‘the miserable Irish alone had no part in contributing to his Majesty’s happiness; nor had God suffered them to be the least instruments in bringing his good pleasure to pass, or to give any testimony of their repentance for the wickedness they had wrought, or for their resolution to be better subjects for the future.’[10] At first the Irish appeared as suppliants acknowledging their faults, pleading extenuating circumstances, and begging for royal favour. But as the King’s leaning towards them became evident they took higher ground, demanding their rights in strong language, and ‘confidently excused, if not justified, their first entry into rebellion’ as to the inexcusable barbarity of which Clarendon speaks as strongly as any of the Cromwellians. Rightly, from their point of view, but not wisely, they maintained that the English rebellion, stained as it was by the late King’s murder, was much worse than theirs. Charles attended regularly at the many Council meetings where the representatives of various interests were patiently heard, and the more boldly the Irish advanced their claims the more he was forced to listen to the case of the Cromwellians, who of course raked up the story of the original rebellion which in Clarendon’s words was ‘as fresh and odious to the whole people of England, as it had been the first year.’ As spokesman for his unfortunate countrymen, Sir Nicholas Plunket must have felt the weakness of his own position, for it was known, and he knew it was known, that during the last phase of the Irish war he was anxious for an accommodation with Cromwell and hostile to Ormonde and Clanricarde. He had plenty of help from men who knew all the facts, but Orrery and Massereene were no less well informed, and Ormonde himself was on the spot. Plunket had been a party to the peace of January 1649 and accepted office under it, but the terms were ill- kept, and even if Ormonde were disposed to treat them as still fully in force he was precluded by the King’s Dunfermline declaration that it was exceedingly sinful and unlawful. It was argued that those who had made the peace professed to represent all Ireland, and that they had been totally unable to manage the clerical party who reduced its value to waste paper.[11] At the end of November a Declaration was at last agreed to which for the most part left the adventurers and soldiers in possession, while making ostensible provision for Irish proprietors who had not engaged in the rebellion or who had earned favour by subsequent services. The whole settlement was founded on the principle that the property of all persons implicated in the rebellion from and after October 1641 was forfeited and actually vested in the Crown. The Declaration begins with an acknowledgment of what the King’s subjects in Ireland had done to further his restoration. A distinction is drawn between what was done by the Act of March 1642, to which Charles I. had consented, and the subsequent ordinances of the usurping Parliament, the result of both being that the adventurers and soldiers possessed the greater part of Ireland. The truce of 1643 and the treaties of 1646 and 1649 were forced upon the late King, and his son would have us believe that he had confirmed the latter to save his father’s life, though in fact he had done so long after his death. Attention is then drawn to the fidelity of the Irish during Charles’ exile who changed from one service to another to suit his interest ‘though attended with inconveniency enough to themselves; which demeanour of theirs cannot but be thought very worthy of our protection justice and favour.’ Nevertheless all the lands possessed by the Adventurers on May 7, 1659, were secured to them, while those whose claims had not been fully satisfied were to have the deficiency made up out of territory assigned to them as a body but not yet distributed. Officers and soldiers were next confirmed in their possessions with savings in the case of fraud. Church lands were excepted, as also the estates of men not protected by the Act of Indemnity or who had broken the peace since the Restoration. In these cases, as in those where valid incumbrances were proved to exist, reprisal was to be made. Commissioned officers serving before June 5, 1649, whose arrears had not been paid in money or land were to be satisfied out of undisposed land in certain counties or within the mile-line surrounding the transplanters’ district beyond Shannon. The forfeited houses in towns were also assigned to these officers, ‘satisfaction being first made to such protestants, who on leases, or contracts for leases, have built or repaired houses, or planted orchards or gardens.’ [Pg 11] [Pg 12] [Pg 13] [Pg 14] Innocent Papists. Article men. Ensignmen. Nominees. Recipients of special favour. A satisfactory settlement was impossible. The first Commission for claims. Protestants whose estates had been divided among adventurers or soldiers were to be forthwith restored, a reprisal of equal value being given to the latter.[12] The next class provided for were known as Innocent Papists, that is Irish proprietors who had been dispossessed ‘merely for being papists,’ and who had received more or less of an equivalent in Connaught and Clare. Applying for such an equivalent was their own act, and might ‘without any injustice’ disentitle them to any relief, but they were admitted on equitable grounds. In many cases no doubt there had been only three courses open to them, exile without means to live, starvation at home, or land beyond Shannon. They were now to be capable of restoration to their old estates at any time before May 2, 1661, on condition of surrendering their transplanters’ portions to the King to reprise others. Any adventurer or soldier disturbed to make room for the restored Papist was to have a reprise of equal value. In the case of towns ‘planted with English, who have considerably improved at their own charges and brought trade and manufacture into that our kingdom and by their settlement there do not a little contribute to the peace and settlement of that country,’ the old Roman Catholic proprietors were to have reprise of equal values ‘near the said corporations.’ The difficulties of doing equal justice to all was acknowledged to be great, but those of the Irish who had acceded to Ormonde’s peace and had received land as transplanters were held bound by their own act. Their case was hard, no doubt, but said the King, ‘they can no more reasonably expect that we should further relieve them, than our friends in England and Ireland can expect that we should pay back to them all the moneys they were compelled in the evil times to pay for their compositions, which they would have avoided had it been in their power.’ Those who had chosen the better part and followed the royal fortunes abroad, Muskerry and many others being named, were to be restored if they had received nothing as transplanters, but adventurers and soldiers in possession were to be first reprised ‘out of the remaining forfeited lands undisposed of.’ This was all to be done by October 23, 1661. Eighteen peers, including Clanricarde, Westmeath, Clancarty, Mountgarret and Taaffe were specially named for restoration ‘without being put to any further proof’ along with twenty commoners of whom Richard Bellings was the most remarkable. Orrery had persuaded the English Council, or perhaps had only given them an excuse for declaring, that there was enough undisposed forfeited land to reprise everyone for his losses, and in the meantime the adventurers and soldiers were left in possession. The first to be restored were innocent Protestants and ‘those persons termed innocent papists, who never took out any decree or had lands assigned to them in Connaught or Clare.’ Innocent Protestants and Papists who had taken out such decrees came next, then the Irish Papists who had constantly served under the King’s ensigns abroad.[13] All who had been in rebellion before September 15, 1643, and had received grants in Connaught or Clare were excluded from the benefits of the Declaration, but some persons were specially protected from its disabilities. Ormonde and his wife with all his tenants and mortgagees or those of his ancestors ‘barons of Arklow, Viscounts of Thurles, or Earls of Ormond or Ossory,’ were fully guarded. Inchiquin, who had procured a private Act in England for the purpose, was restored to his estate of which he had been deprived ‘for his eminent services and adhering unto us.’ Albemarle was confirmed in all his possessions, as were Orrery, Mountrath and his kinsmen, and several others including ‘the orphans of Colonel Owen O’Connolly,’ Sir Theophilus Jones, Arthur Annesley Viscount Valentia, and Major George Rawdon. If any restorable persons were ousted to make room for these eminent persons they were to be reprised, forfeited lands in Carlow being specially designated for those who were removed from the Ormonde estate.[14] It was intended that when the Declaration had been confirmed by law in Ireland, and its provisions carried out, it should be followed by a general act of pardon, indemnity, and oblivion on the English model, ‘notorious murderers only excepted,’ but excluding all who had conspired to seize Dublin Castle in 1641, and all who had any part in the execution of Charles I. down to the halberdiers on guard. But, unfortunately, this healing measure was withheld. The King, admitted the imperfections of his Declaration, pleading ‘that the laying of the foundation is not now before us, when we might design the model of the structure answerable to our thoughts.’ Thousands of Englishmen had possessed themselves of Irish lands after long and tedious legal process, they had brought over their families, sometimes selling all they had to do so, they had made great improvements, and it was impossible, as it would have been unjust, to confiscate their property, ‘reprisal not first being provided for.’ The enormous difficulty of the task must be admitted, but Charles proved himself no true prophet when he expressed a confident hope that mutual forbearance would bring about a good understanding between two parties who had nothing in common but the memory of an internecine war.[15] The next step was the appointment of a commission to carry out the Declaration. It consisted of thirty-six persons, including many peers and all the King’s counsel. The attorney and solicitor-general were afterwards excluded lest the Crown should be made a judge in its own cause, but in truth there were but few disinterested men among these Commissioners, for they were all concerned in Irish land, though often differing in opinion. Massereene, Petty, and Audley Mervyn, for instance, were naturally inclined to maintain the Cromwellian arrangements, while Lord Montgomery, Domvile, and Lane were more in favour of the old Protestant inhabitants. Some of their colleagues were disposed to do justice to the Roman Catholics, but the latter had no direct representation. It is unnecessary to enlarge on the subject, for little or nothing was done by this unwieldy body, and the instructions for its guidance had to be applied by a smaller and less prejudiced commission. Of the three Lords Justices Orrery and Mountrath leaned towards the adventurers and soldiers, while Eustace thought more of ‘the old English interest which lately overspread the land far different from such as did rise up with Cromwell,’ [Pg 15] [Pg 16] [Pg 17] Composition of the Irish Parliament, May 1661. Speaker Mervyn. Debates on the Declaration. In the Lords. In the Commons. Conditions of the Settlement. mushrooms who considered themselves the true representatives of England and ignored those who came in with the Conqueror and never made any defection before 1641. Were they, he asked, all to be cast out for one fault? In several months the Commissioners had only succeeded in relieving one widow, though the streets were ‘full of those miserable creatures of all sorts noble as well as of inferior degree.’ He thought they were criminal who had deluded the King into believing that there was a great scope of available land. Orrery and Mountrath felt the responsibility though averse to restoring the Irish, and to avoid the odium of inaction did of their own motion restore a few notable Roman Catholics, but the great mass were reserved for the new commission.[16] The composition of the first commission was not the sole cause of delay, for the judges held that it would not be safe to act on the Declaration until it had legal sanction. It was remembered how Strafford had contributed to his own destruction by boasting that he would make Acts of State equal to Acts of Parliament. The Irish Convention having done its duty by making some provision for the pay of the army, it was resolved to call a Parliament. As freeholds were for the most part in Protestant hands there could be no question about the majority. ‘The papists and anabaptists,’ said Orrery, ‘stood in several places to be chosen, yet but one of each sort was actually chosen, and they both in the borough of Tuam, an archbishop’s see; from which all collect that both these opinions will oppose the true church.’ The one Papist was Geoffrey Brown, much trusted by the late Confederacy but opposed to the nuncio. He was excluded by the oath of supremacy, and his seat seems to have been treated as vacant and filled up. Parliament met at Chichester House on May 8 after hearing Taylor preach on the texts that obedience is better than sacrifice and rebellion as the sin of witchcraft. Bramhall presided in the Lords, the Chancellor being disabled as one of the Lords Justices. Lord Santry was anxious for the post, but was considered a cold friend to the Declaration and rejected to his great disgust. For the Speakership of the Commons the King recommended Domvile the attorney-general, but the adventurers were too strong and the Lords Justices acquiesced in the choice of Sir Audley Mervyn, whose flowery speech before them contained much Latin and some Greek. Never, he said, since Ireland was happy under an English Government was so choice a collection of Protestant fruit that grew within the walls of the House of Commons. Their lordships had piped and the Irish danced, and ‘Japheth might perhaps be persuaded to dwell in the tents of Shem.’ This oration was ordered by the Commons to be printed, and it filled six crowded folio pages. Thanks were also voted to Bishop Taylor for his sermon. A jove principium exclaimed Mr. Speaker on taking the chair. The oaths of supremacy and allegiance were affirmed by both Houses, the civil authorities directed to co-operate with the bishops in re-establishing the Church, while the Solemn League and Covenant and the Engagement were ordered to be burned by the common hangman in Dublin and in all market towns.[17] After a little sparring between the two Houses, the Declaration was adopted by Parliament in a fortnight, but the Instructions for working it which had also been transmitted from England were still open to discussion. Commissioners were chosen by ballot, four peers, representing each rank, and eight members of the House of Commons. In the Upper House the lot fell first upon Wentworth Earl of Kildare, the head of the Geraldines, who strangely enough held Ormonde’s proxy. His mother was a Boyle and his father had adhered steadily to the Parliament, but he was looked upon as in some sort the protector of the old English. For colleagues he had Lord Montgomery, Lord Kingston, and John Parker, Bishop of Elphin, afterwards Archbishop of Tuam, who had exerted himself in favour of the suffering Irish. Speaker Mervyn headed the Commoners’ contingent, and this shows how strong the Adventurers were. Among the others were Petty, Sir John Skeffington, Massereene’s son-in-law and heir, Sir Theophilus Jones, who held the Sarsfield property at Lucan, and Sir William Temple, afterwards so famous. All were of course interested in land. Temple, whose diplomatic cleverness was already recognised, acted for the Commons in their communications with the Upper House. His younger brother John, the Solicitor-General, was made acting Speaker during Mervyn’s absence. Being unable to agree as to what ought to be the contents of the coming Bill of Settlement, each House instructed its own emissaries separately. The Lords Justices also appointed agents to represent them in London and to carry over the Bill of Settlement: Michael Boyle, Bishop of Cork, afterwards Primate and Chancellor, Lord Kingston, and Colonel Thomas Pigott, Master of the Court of Wards. Pigott, in Eustace’s opinion, was ‘as right unto the poor people of this nation as any man living,’ but he could not say as much for the first two. Francis Lord Aungier, whose financial skill was valuable, had six months leave from the House of Lords. Massereene also had leave to go to the country, which he utilised to slip over to England and join his forces to the representatives of the Commons, but a letter was written on Kildare’s motion warning the English Government against hearing one who was not authorised to speak for the Peers. Of Roman Catholic suitors there was no lack in London, Sir Nicholas Plunket always figuring as their chief spokesman.[18] It was from the first evident that there would not be land enough to satisfy all claims, and the Declaration made careful rules about priority. Innocents were to be first restored, but the Instructions raised so many barriers that their case might well seem hopeless. Not only were ‘adventurers and soldiers and other persons’ in possession to be fully reprised before anyone could be restored, but Innocent Papists were disqualified who came within any of the following categories:- 1. Those who were of the rebels’ party before the cessation of September 15, 1643. 2. Those who enjoyed their estates real or personal within the rebels’ quarters, an exception being made in favour of the inhabitants of Cork and Youghal who were ‘expelled and driven into the quarters of the rebels.’ [Pg 18] [Pg 19] [Pg 20] [Pg 21]