No More Learning

That they thereupon more formally re-
" nounced their obedience to the king, and put
" themselves under the protection and disposal of
" Rinuccini, the pope's nuncio, whom they made
" their generalissimo of all their armies, their ad-
" miral at sea, and to preside in all their councils.
" After their divisions amongst themselves, and the
" burden of the tyranny they suffered under, had
" disposed them to petition his majesty that now is,
" who was then in France, to receive them into his
" protection, and to send the marquis of Ormond
'' over again into Ireland to command them, his
" majesty k was so far prevailed with, that l he sent
" the marquis of Ormond into Munster, with such
" a supply of arms and ammunition as he could get ;
" where the lord Inchiquin, lord president of that
" province, received him with the protestant army
" and joined with him : and shortly after, the con-
" federate Irish made that second treaty of pacifica-
" tion, of which they now demanded the benefit.
" But it was notoriously known, that they no sooner
" made that treaty than they brake it, in not bring-
" ing in those supplies of men and money, which
" they ought and were obliged to do ; the want n
" whereof exposed the lord lieutenant to many diffi-
" culties, and was in truth the cause of the misfor-
" tune before Dublin : which he had no sooner un-
" dergone, than they withdrew from taking any fur-
" tlier care of the kingdom, and raised scandals upon

k his majesty] and his ma- m But] But that
jesty n the want] and the want

1 that] as that and] Omitted in MS.

VOL. II. D



34 CONTINUATION OF THE LIFE OF

16(11. " and jealousies of the whole body of the English,

~ " who, being so provoked, could no longer venture

" themselves in any action or conjunction with the

" Irish, without more apprehension of them than of

" the common enemy.

" Instead of endeavouring to compose these jea-
" lousies and ill humours, they caused an assembly
" or convention of their clergy to meet without the
" lord lieutenant's authority, and put the govern-
" ment of all things into their hands : who, in a
" short time, improved the jealousies in the mind of
" the people towards the few protestants who yet
" remained in the army, and who had served the
" king with all imaginable courage and fidelity from
*' the very first hour of the rebellion, to that degree,
" that the marquis was even compelled to discharge
" his own troop of guards of horse, consisting of such
" officers and gentlemen as are mentioned before,
" and to trust himself and all the remaining towns
" and garrisons to the fidelity of the Irish ; they
" protesting with much solemnity, that upon such a
" confidence, the whole nation would be united as
" one man to his majesty's service, under his com-
" mand. But they had no sooner received satisfac-
" tion in that particular, (which was not in the mar-
" quis's power to refuse to give them,) but they
" raised several calumnies against his person, de-
" claimed against his religion, and inhibited the
" people, upon pain of excommunication, to submit
" to this and that order that was issued out by the
" marquis, without obeying whereof the army could
" not stay together ; and upon the matter forbade
" the people to pay any obedience to him. Instead
" of raising new forces according to their last pro-



EDWARD EARL OF CLARENDON. 35

" mise and engagement, those that were raised ran 1661,

" from their colours and dispersed themselves; they

" who were trusted with the keeping of towns and
" forts, either gave them up by treachery to Crom-
" well, or lost them through cowardice to him upon
" very feeble attacks : and their general, Owen
" O'Neile, made a formal contract and stipulation
" with the parliament. And in the end, when they
" had divested the lord lieutenant of all power to
" oppose the enemy, and given him great cause to
" believe that his person was in danger to be be-
" trayed, and delivered up to the enemy, they vouch-
" safed to petition him that he would depart out of
" the kingdom, (to the necessity whereof they had
" even already compelled him,) and that he would
" leave his majesty's authority in the hands of one
" of his catholic subjects, to whom they promised to
" submit with the most punctual obedience.

" Hereupon the marquis, when he found that he
" could not unite them in any one action worthy
" the duty of good subjects, or of prudent men, to-
" wards their own preservation ; and so, that his
" residence amongst them longer could in no degree
" contribute to his majesty's service or honour ; and
" that they would make it to be believed, that if
'* he would have committed the command into the
" hands of a Roman catholic, they would have been
" able to preserve those towns which still remained
" in their possession, which were Limerick and Gal-
" way, and some other places of importance enough,
" though of less than those cities ; and that they
" would likewise by degrees recover from the enemy
" what had been lost, which indeed was very pos-
" sible for them to have done, since they had great

D 2



36 CONTINUATION OF THE LIFE OF

1661. " bodies of men to perform any enterprise, and some
~~ " good officers to lead them, if they would have been
" obedient to any command : hereupon the marquis
" resolved to gratify them, and to place the com-
" mand in the hands of such a person, whose zeal
" for the catholic religion was unquestionable, and
" whose fidelity to the king was P unblemished. And
" so he made choice of the marquis of Clanrickard,
" a gentleman, though originally of English extrac-
" tion, whose family had for so many hundred years
" resided in that kingdom, that he was looked upon
" as being of the best family of the Irish ; and whose
" family had, in all former rebellions, as well as in
" this last, preserved its loyalty to the crown not
" only unspotted, but eminently conspicuous.

" The Roman catholics of all kinds pretended at
" least a wonderful satisfaction and joy in this elec-
" tion ; acknowledged it as a great obligation upon
" them and their posterity to the lord lieutenant, for
" making so worthy a choice ; and applied them-
" selves to the marquis of Clanrickard with all the
" protestations of duty and submission, to induce
" him to accept the charge and command over
" them ; who indeed knew them too well to be will-
" ing to trust them, or to have any thing to do with
" them. Yet upon the marquis of Ormond's earnest
" and solemn entreaty, as the last and only remedy
" to keep and retain some remainder of hope, from
" whence future hopes might grow ; whereas all
" other thoughts were desperate, and the kingdom
" would presently fall into the hands and possession
" of the English, who would extirpate the whole

P was] as



EDWARD EARL OF CLARENDON. 37

"nation: this importunity, and his great zeal for 1661.
" the service of the crown, and to support the go-""
" vernment there until his majesty should procure
" other supplies, which the marquis of Ormond pro-
" mised to solicit in France, or till his majesty should
" send better orders to preserve his authority in that
" kingdom, (the hope of which seemed the less des-
" perate, because they had notice at the same time
" of his majesty's march into England, with an army
" from Scotland,) prevailed with him so, that he was
" contented to receive such commissions from the
" lord lieutenant, as were necessary for the execu-
" tion of the present command. Upon which the
" lord lieutenant embarked himself, with some few
" friends and servants, upon a little rotten pink that
" was bound for France, and very ill accommodated
" for such a voyage ; being not to be persuaded to
" send to the commander in chief of the English for
" a pass, though he was assured that it would very
" readily have been granted : but it pleased- God
" that he arrived safely in France, a little before or
" about the time that the king transported himself
" thither, after his miraculous escape from Wor-
" cester.

" The marquis of Ormond was no sooner gone
" out of Ireland, but the lord marquis of Clanrick-
" ard, then lord deputy, found himself no better
" treated than the lord of Ormond had been. That
" part of the clergy, which had continually opposed
" the lord lieutenant for being a protestant, were
" now as little satisfied with the deputy's religion,
" and as violently contradicted all his commands
" and desires, and violated all their own promises,
" and quickly made it evident, that his affection

D 3



38 CONTINUATION OF THE LIFE OF

1661. " and loyalty to the king was that which they dis-
~~" liked, and a crime that could not be balanced by
" the undoubted sincerity of his religion. They en-
" tered into secret correspondence with the enemy,
" arid conspiracies between themselves : and though
" there were some persons of honour and quality
" with the deputy, who were very faithful to him
" and to the king ; yet there were so many of an-
" other allay, that all his counsels, resolutions,
" and designs, were discovered to the enemy soon
" enough to be prevented. And though some of the
" letters were intercepted, and the persons dis-
" covered who gave the intelligence, he had not
" power to bring them to justice ; but being com-
" monly friars and clergymen, the privilege of the
" church was insisted upon, and so they were res-
" cued from the secular prosecution till their escape
" was contrived. That perfidious and treacherous
" party had so great an interest in all the towns,.
" forts, and garrisons, which yet pretended to be
" subject to the deputy, that all his orders were
" still contradicted or neglected : and the enemy no
" sooner appeared before any place, but some fac-
" tion in the town caused it to be given up and ren-
" dered.

" Nor could this fatal sottishness be reformed,
" even by the severity and rigour which the Eng-
" lish exercised upon them, who, by the wonderful
" judgment of God Almighty, always put those men
" to death, who put themselves and those towns
" into their hands ; finding still that they had some
" barbarous part in the foul murders, which had
" been committed in the beginning of the rebellion,
" and who had been, by all the acts of grace granted



EDWARD EARL OF CLARENDON. 39

" by the several powers, still reserved for justice. 1661,
" And of this kind there would be so many in-~"~
" stances in and about Limerick and Gal way, that
" they deserve to be collected and mentioned in a
" discourse by itself, to observe and magnify the
" wonderful providence of God Almighty in bring-
" ing heinous crimes to light and punishment in this
" world, by means unapprehended by the guilty ;
" insomuch as it can hardly be believed, how many
" of the clergy and the laity, who had a signal hand
" in the contriving and fomenting the first rebellion,
" and in the perpetration of those horrible mur-
"ders; and who had obstructed all overtures to-
" ward peace, and principally caused any peace
"- that was made to be presently broken ; who had
" with most passion adhered to the nuncio, and en-
" deavoured most maliciously to exclude the king
" and his posterity from the dominion of Ireland ;
" I say, it can hardly be believed, how many of
" these most notorious transgressors did by some act
" of treachery endeavour to merit from the English
"rebels, and so put themselves into their hands, and
" were by them publicly and reproachfully executed
" and put to death.

" This being the sad condition the deputy was in,
" and the Irish having, without his leave and against
" his express command, taken upon them to send
" riiessengers into Flanders, to desire the duke of
" Lorrain to take them into his protection, and of-
" fered to deliver several important places and sea-
" towns into his possession, and to become his sub-
jects, (upon which the duke sent over an ambas-
" sador, and a good sum of money for their present
" relief,) the deputy was in a short time reduced to

D 4



40 CONTINUATION OF THE LIFE OF

1661. " those straits, that he durst not remain in any
~~" town, nor even in his own house three days to-
" gether, but was forced for his safety to shift from
" place to place, and sometimes to lodge in the
*' woods and fields in cold and wet nights ; by which
" he contracted those infirmities and diseases, which
" shortly after brought him to his grave. And in
" the end, he was compelled to accept a pass from
" the English, who had a reverence for his person
" and his unspotted reputation, to transport himself
" into England, where his wife and family were ;
" and where he died before he could procure means
" to carry himself to the king, which he always in-
" tended to do. "

When the commissioners had enlarged with some
commotion in this narration and discourse, they
again provoked the Irish commissioners to nominate
" one person amongst themselves, or of those for
" whom they appeared, who they believed could in
" justice demand his majesty's favour ; and if they
" did not make it evidently appear, that he had for-
" feited all his title to pardon after the treaties, and
" that he had been again as faulty to the king as
" before, they were very willing he should be re-
" stored to his estate. " And then applying them-
selves to his majesty with great duty and submis-
sion, they concluded, " that if any persons had,, by
" their subsequent loyalty ^ or service, or by their
" attendance upon his majesty beyond the seas, ren-
" dered themselves grateful to him, and worthy of
" his royal favour, they were very willing that his
" majesty should restore all or any of them to their

i loyalty] Omitted in MS.



EDWARD EARL OF CLARENDON. 41

" honours or estates, in such manner as his majesty 1661.
" thought fit, and against all impediments whatso-"""
" ever. " And upon this frank offer of theirs, which Many ca-
his majesty took very well, several acts of parlia- had served



ment were presently passed, for the indemnity
the restoring many persons of honour and interest * t t
to their estates ; who could either in justice require
it, as having been faithful always to the king, and
suffered with him or for him ; or who had so far
manifested their affection and duty for his majesty,
that he thought fit, in that consideration, to wipe
out the memory of whatsoever had been formerly
done amiss. And by this means, many were put
into a full possession of their estates, to which they
could make any good pretence at the time when the
rebellion began.

This consideration and debate upon the settle-
ment of this unhappy kingdom took up many days,
the king being always present, in which there arose
every day new difficulties. And it appeared plainly
enough, that the guilt was so general, that if the
letter of the act of parliament of the seventeenth
year of the late king were strictly pursued, as pos-
sibly it might have been, if the reduction had fallen
out likewise during the whole reign of that king,
even an utter extirpation of the nation would have
followed.

There were three particulars, which, upon the Three, par-

_ . . . ,, , . . ticulars in

first mention and view or them, seemed in most this affair



men's eyes worthy of his majesty's extraordinary ^essthe'*"
compassion and interposition; and yet upon a kmg-
stricter examination were found as remediless as
any of the rest. One was; " the condition of that i. The

. i i i ii tranplan-

" miserable people, which was likewise very nu- tation of



42 CONTINUATION OF THE LIFE OF
1661. " merous, that was transplanted into Connaught;



the Irish " who had been removed from their own possessions

nlught. " in other provinces, with such circumstances of ty-

" ranny and cruelty, that their own consents ob-

" tained afterwards with that force could not rea-

" sonably be thought any confirmation of their un-

" just title, who were in possession of their lands. "

Th s e adven- TO this it was answered, '* that though it was

turers' de- f

fence of " acted in an irregular manner, and without lawful

this mea- . . . . . . . .

sure. " authority, it being in a time ot usurpation ; yet
" that the act itself was very prudent and necessary,
" and an act of mercy, without which an utter ex-
" tirpation . of the nation must have followed, if the
" kingdom were to be preserved in peace. That it
" cannot be denied to be an act of mercy, since
" there was not one man transplanted, who had
" not by the law forfeited all the estate he had ;
" and his life might have been as legally taken from
" him : so that both his life, and whatever estate he
" had granted to him in Connaught, was from the
" pure bounty of the state, which might and did by
" the act of parliament seize upon the same. That,
" beside the unsteady humour of that people, and
" their natural inclination to rebel, it was notorious,
" that whilst they were dispersed over the kingdom,
" though all their forces had been so totally sub-
" dued, that there was not throughout the whole
" " kingdom a visible number of twenty men together,
" who pretended to be in arms ; yet there were
" daily such disorders committed by thefts and rob-
" beries and murders, that they could not be said to
" be in peace. Nor could the English, man, woman,
" or child, go one mile from their habitations upon
" their necessary employment, but they were found



EDWARD EARL OF CLARENDON. 43

" murdered and stripped by the Irish, who lay in 1G61,
" wait for those purposes ; so that the people were ~~
" very hardly restrained from committing a inas-
'* sacre upon them wherever they were met : so that
" there appeared no other way to prevent an utter
" extirpation of them, but to confine and restrain
" them within such limits and bounds, that might
" keep them from doing mischief, and thereby make
" them safe. That thereupon this expedient was laid
" hold of. And whereas they had nothing to en-
" able them to live upon in the places where they
" were dispersed, they had now by this transplan-
" tation into Connaught lands given them, sufficient
" with their industry to live well upon ; of which
" there was good evidence, by their having lived
" well there since that time, and many of them
" much better than they had ever done before. And
" the state, which had done this grace for them, had
" great reason, when it gave them good titles to. the
" land assigned to them, which they might plead in
" any court of justice, to require from them releases
" of what they had forfeited ; which, though to the
" public of no use or validity, were of benefit and
" behooveful to many particular persons, for the
" quieting their possessions against frivolous suits
" and claims which 'might start up. That this trans-
" plantation had been acted, finished, and submitted
" to by all parties, who had enjoyed the benefit
" thereof, quietly and without disturbance, many
" years before the king's return : and the soldiers
" and adventurers had been likewise so many years
" in the possession of their lots, in pursuance of the
" act of parliament, and had laid out so much inoney
" in building and planting, that the consequence of



44 CONTINUATION OF THE LIFE OF

1661. such an alteration as was now proposed would be
" the highest confusion imaginable. "

And it cannot be denied, that if the king could
have thought it safe and seasonable to have re-
viewed all that had been done, and taken those ad-
vantages upon former miscarriages and misapplica-
tions, as according to the strictness of that very law
he might have done ; the whole foundation, upon
which all the hopes rested of preserving that king-
dom within the obedience to the crown of England,
must have been shaken and even dissolved; with
no small influence and impression upon the peace
and quiet of England itself. For the memory of
the beginning of the rebellion in Ireland (feow many
other rebellions soever had followed as bad, or worse
in respect of the consequences that attended them)
was as fresh and as odious to the whole people of
England, as it had been the first year. And though
no man durst avow so unchristian a wish, as an ex-
tirpation of them, (which they would have been very
well contented with;) yet no man dissembled his
opinion, that it was the only security the English
could have in that kingdom, that the Irish should
be kept so low, that they should have no power to
hurt them,
s. The case Another particular, that seemed more against the

of entails

and settle- foundation of justice, was ; " that the soldiers and
law" S " adventurers expected and promised themselves,
" that in this new settlement that was under de-
" bate, all entails and settlements at law should be
" destroyed, whether upon consideration of mar-
" riage, or any other contracts which had been
" made before the rebellion. Nor had there been
" in the whole former proceedings in the time of



EDWARD EARL OF CLARENDON. 45

" the usurpation, any consideration taken of mort- 1661.
" g a g es r debts due by statute or recognizance, or
" upon any other security ; so that all such debts
" must be either lost to the proprietors, or remain
" still with the interest upon the land, whoever had
" enjoyed the benefit or profits thereof. " All which
seemed to his majesty very unreasonable and un-
just ; and that such estates should remain forfeited
by the treason of the father, who had been only te-
nant for life, against all descents and legal titles of
innocent children ; and of which, in all legal at-
tainders, the crown never had or could receive any
benefit.

Yet, how unreasonable soever these pretences
seemed to be, it was no easy matter to give rules
and directions for the remedy of the mischief, with-
out introducing another mischief equally unjust and
unreasonable. For the commissioners declared, " that The adven-
" if such titles, as are mentioned, were preserved swer.
" and allowed to be good, there would not in that
" universal guilt, which upon the matter compre-
" hended and covered the whole Irish nation, be
" one estate forfeited by treason, but such convey-
" ances and settlements would be produced to se-
" cure and defend the same : and though they
** would be forged, there would not be witnesses
" wanting to prove and justify whatsoever the evi-
" dence could be applied to. And if those trials
" were to be by the known rules and customs of the
" law in cases of the like nature, there was too much
" reason to suspect and fear that there would be
" little justice done : since a jury of Irish would in-
" fallibly find against the English, let the evidence
" be what it could be ; and there was too much rea-



46 CONTINUATION OF THE LIFE OF
1661. " son to apprehend that the English, whose animo-



" sity was not less, would be as unjust in bringing
" in their verdict against the Irish, right or wrong. "
And there was experience afterwards, in the prose-
cution of this affair, of such forgeries and perjuries,
as have not been heard of amongst Christians ; and
in which, to our shame, the English were not be-
hindhand with the Irish. The king however thought
it not reasonable or just for him, upon what proba-
ble suggestions soever, to countenance such a bare-
faced violation of the law, by any declaration of his ;
but commanded his council at law to make such
alterations in the expressions as might be fit for him
to consent to.

s. The ex- The third particular, and which much affected
sero/the the king, was ; " that in this universal joy for his



( (



restoration without blood, and with the indemnity
" of so many hundred thousands who had deserved
" to suffer the utmost punishments, the poor Irish,
" after so long sufferings in the greatest extremity
" of misery, should be the only persons who should
" find no benefit or ease by his majesty's restoration,
" but remain robbed and spoiled of all they had. ,
" and be as it were again sacrificed to the avarice
" and cruelty of them, who had not deserved better
" of his majesty than the other poor people had
" done. "

To which there can be no other answer made,

which is very sufficient in point of justice, but that,

Answer to as their rebellion and other crimes had been long

this plea.

" before his majesty's time, so full vengeance had
" been executed upon them ; and they had paid the
" penalties of their crimes and transgressions before
" his majesty's return ; so that he could not restore



EDWARD EARL OF CLARENDON. 47

" that which they called their own, without taking 1661,
" it from them, who were become the just owners"
" by an act of parliament ; which his majesty could
" not violate without injustice, and breach of the
" faith he had given. "

And that which was their greatest misery and
reproach, and which distinguished them from the
subjects of the other, two kingdoms, who were other-
wise bad enough, was ; that both the other nations
had made many noble attempts for redeeming their
liberty, and for the restoration of his majesty, (for
Scotland itself had done much towards it ;) and his
present restoration was, with God's blessing, and
only with his blessing, by the sole effects of the cou-
rage and affection of his own subjects : so that Eng-
land and Scotland had in a great degree redeemed,
and even undone what had been before done amiss
by them ; and his majesty had improved and se-
cured those affections to him by those promises and
concessions, which he was in justice obliged to per-
form. But 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 of their resolution to be better
subjects for the future : so that they seemed as a
people left out by Providence, and exempted from ,
any benefit from that blessed conjuncture in his ma-
jesty's restitution.

And this disadvantage was improved towards
them, by their frequent manifestation of an inve-
terate animosity against the English nation and
English government ; which again was returned to



48 CONTINUATION OF THE LIFE OF

1661. them in an irreconcileable jealousy of all the Eng-
"""lish towards them. And to this their present be-
haviour and imprudence contributed very much : for
it appeared evidently, that they expected the same
concessions (which the necessity of that time had
made fit to be granted to them) in respect of their
religion should be now likewise' confirmed. And
this temper made it very necessary for the king to
be very wary in dispensing extraordinary favours
(which his natural merciful inclination prompted
him to) to the Irish ; and to prefer the general in-
terest of his three kingdoms, before the particular
interest of a company of unhappy men, who had
foolishly forfeited their own ; though he pitied them,
and hoped in the conclusion to be able, without ex-
posing the public peace to manifest hazard, in some
degree to improve their condition.

Upon the whole matter, the king found, that if
he deferred to settle the government of Ireland till
a perfect settlement of all particular interests could
be made, it would be very long. He saw it could
not be done at once ; and that there must be some
examinations taken there, and some matters more
clearly stated and adjusted, before his majesty could
make his determination upon those particulars, which
purely depended upon his own judgment ; and that
some difficulties would be removed or lessened by
The first time : and so he passed that which is called the first
tinmen? 1 ac ^ f settlement ; and was persuaded to commit the
passed. execution thereof to a great number of commission-
ers, recommended to his majesty by those who were
most conversant in the affairs of Ireland; none or
very few of which were known to his majesty, or to
any of those who had been so many years from their



EDWARD EARL OF CLARENDON. 49

country, in their constant attendance upon his ma- 1661.
jesty's person beyond the seas.

And for the better countenance of this commis-
sion, and likewise to restrain the commissioners from
any excess, if their very large jurisdiction should
prove a temptation to them, the king thought fit to

commit the sword to three justices, which he had Three lords
_. i-ii-ni t justices up-

resolved when the sending the lord Roberts was de- pointed.

clined. Those three were, sir Morrice Eustace,
whom he newly made lord chancellor of Ireland,
the lord Broghill, whom he now made earl of Or-
rery, and sir Charles Coote, whom he likewise made
earl of Montrath. The first had been his sergeant
nt law long in that kingdom, and had been eminent
in the profession of the law, and the more esteemed
for being always a protestant, though an Irishman,
and of approved fidelity to the king during this
whole rebellion. But 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. The other
two had been both eminently against the king, but
upon this turn, when all other powers were down,
eminently for him ; the one, very able and gene-
rous; the other, proud, dull, and very avaricious.
But the king had not then power to choose any,
against whom some as material objections might not
be made, and who had been able to do as much
good. With them, there were too many others
upon whom honours were conferred ; upon some,
that they might do no harm, who were thereby
enabled to do the more ; and upon others, that they
might not murmur, who murmured the more for
having nothing given them but honour : and so they

VOL. II. E



50 CONTINUATION OF THE LIFE OF

1661. were all despatched for Ireland ; by which the king
"had some ease, his service little advancement.

After a year was spent in the execution of this
commission, (for I shall, without discontinuing the
relation, say all that I intend upon this subject of
Ireland,) there was very little done towards the set-
tling the kingdom, or towards preparing any thing
partiality that might settle it ; but on the contrary, the

of the com- , . 1*1 i i

breaches were made wider, and so much passion



and injustice shewed, that complaints were brought
act - to his majesty from all parts of the kingdom, and

from all persons in authority there. The number
of the commissioners was so great, and their in-
terests so different, that they made no despatch.
Very many of them were in possession of those
lands, which others sued for before them ; and they
themselves bought broken titles and pretences of
other men, for inconsiderable sums of money, which
they supported and made good by their own author-
ity. Such of the commissioners, who had their own
particular interest and concernment depending, at-
tended the service very diligently : the few who were
more equal and just, because they had no interest of
their own at stake, were weary of their attendance
and expense, (there being no allowance for their
pains;) and, offended at the partiality and injustice
which they saw practised, withdrew themselves, and
would be no longer present at those transactions
which they could not regulate or reform.

All interests were equally offended and incensed ;
and the soldiers and adventurers complained no less
of the coiTuption and injustice than the Irish did :
so that the lords justices and council thought it ne-
cessary to transmit another bill to his majesty, which,



EDWARD EARL OF CLARENDON. 51

as I remember, they called an explanatory bill of the iGGi.
former ; and in that they provided, " that no person Second act
" who lived in Ireland, or had any pretence to an of se " le *

inent trans-

" estate there, should be employed as a commissioner- mitted to

f i , . 'the king.

" but that his majesty should be desired to send over
" a competent number of well qualified persons out
" of England to attend that service, upon whom a
** fit salary should be settled by the bill ; and such
" rules set down as might direct and govern the
" manner of their proceeding; and that an oath
" might be prescribed by the bill, which the commis-
" sioners should take, for the impartial administration
" of justice, and for the prosecution and execution of
" this bill," which was transmitted as an act by the
king. His majesty made choice of seven gentlemen New com-

_ . . . missioners

or very clear reputations ; one of them being an emi- appointed
nent sergeant at law, whom he made a judge upon it oe:
his return from thence ; two others, lawyers of very
much esteem ; and the other four, gentlemen of very
good extractions, excellent understandings, and above
all suspicion for their integrity, and generally reputed
to be superior to any base temptation.

But this second bill, before it could be transmitted,
took up as much time as the former. The same nu-
merous retinue of all interests from Ireland attended
the king; and all that had been said in the former The diffe-
debates was again repeated, and almost with the ag
same passion and impertinence. The Irish made Jf n J;. he
large observations upon the proceedings of the late
commissioners, to justify those fears and apprehen-
sions which they had formerly urged : and there ap-
peared too much reason to believe, that their greatest
design now was, rather to keep off any settlement,
than that they hoped to procure such a one as they

E 2



52 CONTINUATION OF THE LIFE OF

1661. desired; relying more to find their account from a
""general dissatisfaction, and the distraction and con-
fusion that was like to attend it, than from any de-
termination that was like to be in their favour. Yet
they had friends in the court, who made them great
promises; which they could not be without, since
they made as great promises to those who were to
protect them. There were indeed many particular
men both of the soldiers and adventurers, who in re-
spect of their many notorious and opprobrious actions
against the crown throughout their whole employ-
ment, (and who even since his majesty's return had
enough expressed how little they were satisfied with
the revolution,) were so universally odious both in
England and Ireland, that if their particular cases
could have been severed from the rest, without vio-
lation of the rule of justice that secured all the rest,
any thing that could have been done to their detri-
ment would have been grateful enough to every
body.

After many x very tedious debates, in which his ma-
jesty endeavoured by all the ways he could think of to
find some expedient, that would enable him to preserve
the miserable Irish from the extremity of misery ; he
found it necessary at last to acquiesce with a very
positive assurance from the earl of Orrery and others,
who were believed to understand Ireland very ex-
actly, and who, upon the surveys that had been taken
with great punctuality, undertook, " that there was
" land enough to satisfy all the soldiers and adven-
" turers, and that there would be a very great pro-
" portion left for the accommodation of the Irish very
" liberally. " And for the better improvement of that
proportion, the king prescribed some rules and limit-



EDWARD EARL OF CLARENDON. 53

ations to the immoderate pretences and demands of 1661.
the soldiers and adventurers upon the doubling ordi-
nance and imperfect admeasurement, and some other
irregularities, in r which his majesty was not in ho-
nour or justice obliged to comply with them : and Second act
so he transmitted this second bill.

Whilst this second bill was under deliberation, ed '
there fell out an accident in Ireland, which produced
great alterations with reference to the affairs of that
kingdom. The differences which had every day
arisen between the three justices, and their different
humours and affections, had little advanced the set-
tling that government; so that there would have
been a necessity of making some mutation in it : so
that the death of the earl of Montrath, which hap-
pened at this time, fell out conveniently enough to
the king ; for by it the government was again loose.
For the earl of Orrery was in England; and the
power resided not in less than two : so that the chan-
cellor, who remained single there, was without any
authority to act. And they who took the most dis-
passioned survey of all that had been done, and of
what remained to be done, did conclude that nothing
could reasonably produce a settlement there, but the
deputing one single person to exercise that govern-
ment. And the duke of Albemarle himself, who Ti. e duke of
had a great estate in that kingdom, which made him
the more long for a settlement, and who had before j
the king's return and ever since dissuaded the king teDant -
from thinking of employing the duke of Ormond
there, who had himself aversion enough from that
command, of which he had sufficient experience ; I

r in] with
E 3



54 CONTINUATION OF THE LIFE OF

1661. say, the general had now so totally changed his mind,
""that he plainly told the king, " that there was no way
" to explicate that kingdom out of those intricacies
" in which it was involved, but by sending over a
" lord lieutenant thither. That he thought it not fit
" for his majesty's service, that himself, who had
<<r that commission of lord lieutenant, should be ab-
" sent from his person ; and therefore that he was
" very ready and desirous to give up his commission :
" and that in his judgment nobody would be able to
" settle and compose the several factions in that king-
" dom, but the duke of Ormond, who he believed
"would be grateful to all sorts of people. " And
therefore he advised his majesty very positively,
" that he would immediately give him the commis-
" sion, and as soon as should be possible send him
And the " away into Ireland. " And both the king and the
mend ac- general spake with the duke of Ormond, and prevail-
cept * Jt> ed with him to accept it, before either of them com-
municated it to the chancellor, who the king well
knew would for many reasons, and out of his great
friendship to the duke, dissuade him from undertak-
ing it ; which was very true.

And the king and the duke of Ormond came one
day to the chancellor, to advise what was to be done
for Ireland ; and (concealing the resolution) the king
told him what the general's advice was, and asked
him " what he thought of sending the duke of Or-
" mond his lieutenant into Ireland. " To which the
chancellor answered presently, " that the king would
" do very ill in sending him, and that the duke would
" do much worse, if he desired to go. " Upon which
they both smiled, and told him, " that the general
" had prevailed with the king, and the king with the



EDWARD EARL OF CLARENDON. 55

" duke; so that the matter was resolved, and there 1661.
" remained nothing to be done but preparing the in- ~"
" structions, which he must think upon. "



The chancellor could not refrain from saying very The
warmly, " that he was sorry for it ; and that it would
" be good for neither of them, that the duke should t c ^ ern at
*' be from the king, or that he should be in Ireland,
" where he would be able to do no good. Besides
" that he had given himself so much to his ease and
" pleasure since he came into England, that he would
" never be able to take the pains, which that most
" laborious province would require. " He said, " if
" this counsel had been taken when the king came
*' first over, it might have had good success, when
" the duke was full of reputation, and of unquestion-
" able interest in his majesty, and the king himself
" was more feared and reverenced than presumed
" upon : so that the duke would have had full au-
" thority to have restrained the exorbitant desires
" and expectations of all the several parties, who
" had all guilt enough upon their hearts to fear
" some rigour from the king, or to receive moderate
" grace with infinite submission and acknowledg-
" ment. But now the duke, besides his withdraw-
" ing himself from all business as much as he could,
" had let himself fall to familiarities with all de-
" grees of men ; and upon their averments had un-
" dertaken to protect, or at least to solicit men's in-
" terests, which it may be might not appear upon
" examination to be founded upon justice. And
" the king himself had been exposed to all manner
" of importunities, received all men's addresses, and
" heard all they would say ; made many promises
" without deliberation, and appeared so desirous to

E 4



56 CONTINUATION OF THE LIFE OF

1661. " satisfy all men, that he was irresolute in all things.
"~ " And therefore till he had taken some firm and
" fixed resolutions himself, from which neither pre-
judice towards one man, nor pity and compassion
" on the behalf of another, should remove him ; the
" lieutenant of Ireland would be able to do him little
" service, and would be himself continually exposed
" to scorn and affronts. " *>

And afterwards the chancellor expostulated warm-
ly with the duke of Ormond, (who well knew that
all his commotion proceeded from the integrity of
his unquestionable" friendship,) and told him, " that
" he would repent this rash resolution ; and that he
" would have been able to have contributed more to
" the settlement of Ireland, by being near the per-
" son of the king, than by being at Dublin, from
" whence in a short time there would be as many
" aspersions and reproaches sent hither, as had been
" against other men ; and that he had no reason to
" be confident, that they would not make as deep
" impression by the arts and industry of his ene-
" mies, of which he had store, and would have more
" by being absent, for the court naturally had little
" regard for any man who was absent. And that
" he carried with him the same infirmity into Ire-
" land with that of the king, which kept it from
" being settled here ; which was, an unwillingness
" to deny any man what he could not but see was
" impossible to grant, and a desire to please every
" body, which whosoever affected should please no-
" body. "
The duke The duke, who never took any thing ill he said

acquaints .

the than- to him, told him, " that nobody knew better than
" he the aversion he had to that command, when it



EDWARD EARL OF CLARENDON. 57

"may be he might have undertaken it with more

" advantage. " He confessed, " he saw many dangers ~ T

for accept-

" with reference to himself, which he knew not how in e *
" to avoid, and many difficulties with reference to
" the public, which he had little hope to overcome ;
" yet Ireland must not be given over : and s since
" there seemed to be a general opinion, with which
" the king concurred, that he could be able to con-
" tribute to the composing the distempers, and the
" settling the government ; he would not suspect
" himself, but believe that he might be able to do
" somewhat towards it. " And he gave his word to
him, " that nothing should be defective on his part
" in point of industry ; for he was resolved to take
" indefatigable pains for a year or two, in which he
" hoped the settlement would be completed, that he
" might have ease and recreation for the other part
" of his life. " And he confessed, " that he did the
" more willingly enter upon that province, that he
" might have the opportunity to settle his own for-
" tune, which, how great soever in extent of lands,
" did not yet, by reason of the general unsettlement,
" yield him a quarter of the revenue it ought to do.
" That for what concerned himself, and the disad-
" vantages he might undergo by his absence, he re-
" ferred it to Providence and the king's good-na-
" ture ; who," he said, " knew him better than any
" of his enemies did ; and therefore, he hoped, he
" would believe himself before them. " However,
the truth is, he was the more disposed to that
journey, by the dislike he had of the court, and
the necessary exercises which men there were to

s and] yet



58 CONTINUATION OF THE LIFE OF

1661. excel in, for which he was superannuated: and if
he did not already discern any lessening of the king's
grace towards him, he saw enough to make him be-
lieve, that the contrary ought not to be depended
upon. And within few years after, he had cause to
remember what the chancellor had foretold him of



The duke b o th their fortunes. The duke (with the seven com-

and the

missioners who were appointed for that act of set-
tlement, and all other persons who attended that
interest) entered upon his journey from London
about the end of July, in the year one thousand six
hundred sixty and four, full four years and more
after the king's happy return into England.

It was some months after the commissioners' ar-
rival in Ireland, before they could settle those orders
and rules for their proceedings, which were neces-
sary to be done, before the people should be ap-
pointed to attend. And it was as necessary that
they should in the order of their judicatory first pro-
ceed upon the demands and pretences of the Irish ;
both because there could be no settlement of soldiers
or adventurers in possession of any lands, before the
titles of the Irish to those lands were determined ;
and because there was a clause in the last act of
parliament, that all the Irish should put in their
claims by a day appointed, and that they should be
determined before another day, which was likewise
assigned ; which days might be prolonged for once
by the lord lieutenant, upon such reasons as satisfied
him : so that the delay for so many months before
the commissioners sat, gave great argument of com-
plaint to the Irish, though it could not be avoided,
in regard that the commissioners themselves had not
been nominated by the king above twenty days be-



EDWARD EARL OF CLARENDON. 59

fore they began their journey into Ireland; so that 1661.
they could never so much as read over the acts of""
parliament together, before they came to Dublin.
And then they found so many difficult clauses in
both acts of parliament, and so contrary to each
other, that it was no easy matter to determine how
to govern themselves in point of right, and to re-
duce themselves to any method in their proceed-
ings.

But after they had adjusted all things as well



mssoners



11 i i i i i i

they could, they published their orders in what me- publish
thod they meant to proceed, and appointed the Irish tended n ine-
to put in their claims by such a day, and to attend proceeding.
the prosecution of them accordingly. And they had
no sooner entered upon their work, but the English
thought they had began it soon enough. For they
heard every day many of the Irish, who had been
known to have been the most forward in the first
beginning of the rebellion, and the most malicious
in the carrying it on, declared innocent ; and deeds
of, settlement and entails which had been never
heard of before, and which would have been pro-
duced (as might reasonably be believed) before the
former commissioners, if they had had them to pro-
duce, now declared to be good and valid ; by which
the Irish were immediately put into the possession
of a very great quantity of land taken from the
English : so that in a short time the commissioners
had rendered themselves as generally odious as the
Irish, and were looked upon as persons corrupted
for that interest, which had every day success al-
most in whatsoever they pretended. And their de-
terminations happened to have the more of preju-
dice upon them, because the commissioners were al-



60 CONTINUATION OF THE LIFE OF

1661. ways divided in their judgments. And it is no won-
~~der, that they who seemed most to adhere to the
English interest were most esteemed by them.

The parliament in Ireland was then sitting : and
the house of commons, consisting of many members
who were either soldiers or adventurers, or had the
like interest, was very much offended at the pro-
ceedings of the commissioners, made many votes
against them, and threatened them with their au-
thority and jurisdiction. But the commissioners,
who knew their own power, and that there was no
appeal against their judgments, proceeded still in
their own method, and continued to receive the
claims of the Irish, beyond the time that the act of
parliament or the act of state limited to them, as
was generally understood. And during the last
eight or ten days sitting upon those claims, they
passed more judgments and determinations than in
near a year before, indeed with very wonderful ex-
pedition ; when the English, who were dispossessed
by those judgments, had not their witnesses ready,
upon a presumption, that in point of time it was
not possible for those causes to come to be heard.
Their de- By these sentences and decrees, many hundred
thousands of acres were adjudged to the Irish,



F the Insh> which had been looked upon as unquestionably for-
feited, and of which the English had been long in
possession accordingly.

TJiis raised so great a clamour, that the English
refused to yield possession upon the decrees of the
commissioners, who, by an omission in the act of
parliament, were not qualified with power enough
to provide for the execution of their own sentences.
The courts of law established in that kingdom would



EDWARD EARL OF CLARENDON. 61

not, nor indeed could, give any assistance to the 16GI.
commissioners. And the lord lieutenant and coun-~
cil, who had in the beginning, by their authority,
put many into the possession of the lands which had
been decreed to them by the commissioners, were
now more tender and reserved in that multitude of
decrees that had lately passed : so that the Irish
were using their utmost endeavours, by force to re-
cover the possession of those lands which the com-
missioners had decreed to them ; whilst the English
were likewise resolved by force to defend what they
had been so long possessed of, notwithstanding the
commissioners' determination.
And the commis-
sioners were so far troubled and dissatisfied with
these proceedings, and with some intricate clauses
in the act of parliament concerning the future pro-
ceedings ; that, though they had not yet made any
entrance upon the decision of the claims of the Eng-
lish or of the Irish protestants, they declared, " that
" they would proceed no further in the execution of
" their commission, until they could receive his ma-
" jesty's further pleasure. " And that they might
the more effectually receive it, they desired leave
from the king that they might attend his royal per-
son ; and there being at the same time several com-
plaints made against them to his majesty, and ap-
peals to him from their decrees, he gave the com-
missioners leave to return. And at the same time
all the other interests sent their deputies to solicit
their rights ; in the prosecution whereof, after much
time spent, the king thought fit likewise to receive
the advice and assistance of his lieutenant : and so
the duke of Ormond returned again to the court.
And the settlement of Ireland was the third time Thedif -

ferent par-



62 CONTINUATION OF THE LIFE OF

1661. brought before the king and council; there being
ties heard tnen likewise transmitted a third bill, as additional
f- thir u . 1 an d supplemental to the other two. and to reverse

time by the

king. many of the decrees made by the commissioners,
they bearing the reproach of all that had been done
or had succeeded amiss, and from all persons who
were grieved in what kind soever.

The king was very tender of the reputation of
his commissioners, who had been always esteemed
men of great probity and unquestionable reputation :
and though he could not refuse to receive complaints,
yet he gave those who complained no further coun-
tenance, than to give the others opportunity to vin-
dicate themselves. Nor did there appear the least
evidence to question the sincerity of their proceed-
ing, or to make them liable to any reasonable sus-
picion of corruption : and the complaints were still
prosecuted by those, who had that taken from them
which they desired to keep for themselves.
Theau- The truth is, there is reason enough to believe,
flections on that upon the first arrival of the commissioners in
ceed? ngs of Ireland, and some conversation they had, and the
the com- observation they made of the great bitterness and

missioners. *

animosities from the English, both soldiers and ad-
venturers, towards the whole Irish nation of what
kind soever ; the scandalous proceeding of the late
commissioners upon the first act, when they had not
been guided by any rules of justice, but rejected l all
evidence, which might operate to the taking away
any thing from them which they resolved to keep,
the judges themselves being both parties and wit-
nesses in all the causes brought before them ; toge-

1 rejected] rejecting



EDWARD EARL OF CLARENDON. 63

ther with the very ill reputation very many of the 1661
soldiers and adventurers had for extraordinary ma-~
lice to the crown and to the royal family ; and the
notable barbarity they had exercised towards the
Irish, who without doubt for many years had un-
dergone the most cruel oppressions of all kind that
can be imagined, many thousands of them having
been forced, without being covered under any house,
to perish in the open fields for hunger; the infa-
mous purchases which had been made by many per-
sons, who had compelled the Irish to sell their re-
mainders and lawful pretences for very inconsider-
able sums of money ; I say, these and many other
particulars of this kind, together with some attempt
that had been made upon their first arrival, to cor-
rupt them against all pretences which should be
made by the Irish, might probably dispose the com-
missioners themselves to such a prejudice against
many of the English, and to such a compassion to-
wards the Irish, that they might be much inclined
to favour their pretences and claims ; and to believe
that the peace of the kingdom and his majesty's go-
vernment might be better provided for, by their
being settled in the lands of which they had been
formerly possessed, than by supporting the ill-gotten
titles of those, who had manifested all imaginable
infidelity and malice against his majesty whilst they
had any power to oppose him, and had not given
any testimony of their conversion, or of their resolu-
tion to yield him for the future a perfect and entire
obedience after they could oppose him no longer;
as if they desired only to retain those lands which
they had gotten by rebellion, together with the prin-
ciples by which they had gotten them, until they



64 CONTINUATION OF THE LIFE OF

lGfi-1. should have an opportunity to justify both by some
"new power, or a concurrence amongst themselves.
Whencesoever it proceeded, it was plain enough
the Irish had received more favour than was ex-
pected or imagined.

And in the very entrance into the work, to avoid
the partiality which was too apparent in the English
towards each other, and their animosity against the
Irish as evident, very strict rules had been set down
by the commissioners, what kind of evidence they
would admit to be good, and receive accordingly.
And it was provided, " that the evidence of no sol-
" dier or adventurer should be received in any case,
" to which himself was never so much a stranger ;"
- as, if his own lot had fallen in Munster, and he had
no pretence to any thing out of that province, his
evidence should not be received, as to any thing
that he had seen done in Leinster or Connaught or
Ulster, wherein he was not at all concerned : whrch
was generally thought to be a very unjust rule, after
so many years expired, and so many persons dead,
who had likewise been present at those actions. And
by this means many men were declared not to have
been in rebellion, when there might have been full
evidence, that 'they had been present in such and
such a battle, and in such and such a siege, if the
witnesses might have been received who were then
present . at those actions, and ready to give testi-
mony of it, and of such circumstances as could not
have been feigned, if their evidence might have been
received.

onheTrisb Tli 3 * which raised the greatest umbrage against
rebel* re- the commissioners was, that a great number of the

stored to T . .

their most infamous persons of the Irish nation, who were

estates.



EDWARD EARL OF CLARENDON. G5

looked upon by those of their own country with the 1661.
greatest detestation, as men who had been the most"
violent fomenters and prosecutors of the rebellion,
and the greatest opposers of all moderate counsels,
and of all expedients which might have contributed
towards a peace in the late king's time, (whereby
the nation might have been redeemed,) and who
had not had the confidence so much as to offer any
claim before the late commissioners, were now ad-
judged and declared innocent, and so restored to
their estates : and that many others, who in truth Many who
had never been in rebellion, but notoriously served the king
the king against the rebels both in England and treated. 117
Ireland, and had never been put out of their estates,
now upon some slight evidence, by the interception
of letters, or confession of messengers that they had
had correspondence with the rebels, (though it was
evident that even that correspondence had been per-
functory, and only to secure them that they might
pursue his majesty's service,) were condemned, and
had their estates taken from them, by the judgment
of the commissioners.

And of this I cannot forbear to give an instance, An instance
and the rather, that it may appear how much a pe? -tbecMeaf
sonal prejudice, upon what account soever, weighs T ie r ""[,
and prevails against justice itself, even with men
who are not in their natures friends to injustice. It
was the case of the earl of Tyrconnell, and it was
this. He was the younger son of the lord Fitzwil-
liams, a catholic lord in Ireland, but of ancient Eng-
lish extraction, of a fair estate, and never suspected
to be inclined to the rebels ; as very few of the Eng-
lish were. Oliver Fitzwilliams (who was the person
we are now speaking of, and the younger son of

VOL. n. fr



66 CONTINUATION OF THE LIFE OF

1661. that lord Fitzwilliams) had been sent by his father
"into France, to be there educated, many years be-
fore the rebellion. He was a proper and a handsome
man, and by his courage had gotten a very good re-
putation in the French army ; where, after he had
spent some years in the campagna, he obtained the
command of a regiment in which he had been first a
captain, and was looked upon generally as an excel-
lent officer.

When the army was sent into winter quarters, he
went to Paris, to kiss the hands of the queen of
England, who was come thither the summer before,
it being in the year 1644. Having often waited
upon her majesty, he made many professions of duty
and obedience to the king, and much condemned
the rebellion of the Irish, and said, " he knew many
" of them were cozened and deceived by tales and
" lies, and had no purpose to withdraw themselves
" from his majesty's obedience. " He made offer of
his service to the queen, " and that, if she thought
" he might be able to do the king any service, he
" would immediately go into England, and with his
" majesty's approbation into Ireland, where, if he
" could do no other service, he was confident he
" could draw off many of the Irish from the service
" of the rebels. " The queen, upon the good reputa-
tion he had there, accepted his offer, and writ a let-
ter by him to the king, with a very good character
of his person, and as very fit to be trusted in Ire-
land.

It was his fortune to come to the king very few
days before the battle of Naseby, where, as a volun-
teer in the troop of prince Rupert, he behaved him-
self with very signal courage in the view of the



EDWARD EARL OF CLARENDON. 67

king himself; who shortly after gave him a letter 1661,
full of recommendation and testimony to the mar-~~
quis of Ormond, his lieutenant of Ireland, who re-
ceived him kindly, and having conferred with him
at large, and understood all he intended to do, gave
him leave to go into the Irish quarters, and to re-
turn again, as he thought fit. And in a short time
after, both his father and his elder brother died;
whereby both the title and the estate devolved to
him, and he was possessed accordingly.

The man was before and in his nature elate and
proud enough, had a 'greater value of himself than
other men had, and a less of other men than they
deserved, whereby he got not himself beloved by
many ; but nobody who loved him worst ever sus-
pected him to incline to the rebels, though they
knew that he was often in their quarters, and had
often conferences with them : and a good part of his
estate lay in their quarters. He attended upon the
lord lieutenant in all his expeditions : and when the
Irish so infamously broke the first peace, and be-
sieged the lieutenant in Dublin, (upon which he was
compelled to deliver it into the hands of the parlia-
ment with the king's consent,) the lord Fitzwilliams
returned with him or about the same time into
England, and from thence again into France ; where
he married the daughter of the widow countess of
Clare, and sister to that earl, a lady of a religion
the most opposite to the Roman catholic, which he
suffered her to enjoy without any contradiction.
When the war was at an end in England, and the
king a prisoner, he with his wife and family trans-
ported himself into England, and after some time
into Ireland ; where Cromwell had a jealous eye

F 2



68 CONTINUATION OF THE LIFE OF

1661. upon him, but not being able to discover any thing
"against him, could not hinder him from possessing
the estate that had descended to him from his fa-
ther and his elder brother. And the war being
there ended, and the settlement made by the act of
parliament upon the statute, as hath been mentioned
before, there was not the least trouble given to him ;
but he quietly enjoyed the possession of his whole
estate till the king's return, when he came into Eng-
land to kiss his majesty's hand, and was by him
made earl of Tyrconnell.

When the commissioners sat upon the first act,
who observed no rules of justice, law, or equity,
when they contradicted any interest or appetite of
their own, he received no disturbance ; but when
these new commissioners came over, all men, as well
protestants as others, whose estates had never been
questioned, thought it safest for them to put in their
claims before the commissioners, to prevent any
trouble that might arise hereafter. This gentleman
followed that advice and example, put in his claim*
and pressed the commissioners for a short day to be
heard. The day was appointed. Neither adven-
turer, soldier, or any other person, made any title to
the land : but some envious person, unqualified for
any prosecution, offered a letter to the commis-
sioners which had many years before, and before his
coming into Ireland, been written by colonel Fitz-
williams in Paris to a Jesuit, one Hartogan, then in
Ireland ; in which he gave him notice " of his pur-
" pose of coming into Ireland, where he hoped to
" do their friends some service. "

This letter was writ when the queen first de-
signed to send him to the king, that the Irish, who



EDWARD EARL OF CLARENDON. 69

were the most jealous people of the world, might 1661.
know of his purpose to come thither, before they~
should hear of his being in Dublin ; and now being
produced before the commissioners, without consi-
dering how long since it was writ, or the reason of
writing it, that he had served the king, and never
in the least degree against him, upon one of their
rules, " that a correspondence with the rebels was
" a good evidence," they without any pause declared
him nocent, and presently assigned his estate to
some persons to whom reprisals were to be made :
whilst they who thought the judgment very unjust,
laughed at the ill luck of a man whom they did not
love ; and all men were well enough pleased with
the sentence, who were displeased with the person.
And this party pursued him so severely into Eng-
land, that the king's interposition to redeem him
from so unjust a decree was looked upon as over-fa-
vouring the Irish ; when none were so glad of the
decree as the Irish, who universally hated him. Nor
was he at last restored to the possession of his estate,
without making some composition with those to
whom the commissioners had assigned it.

Many, who had formerly made their claims with- Many de-
out insisting upon any deeds of settlement or other "



conveyances in law, now produced former settle- JJ^JJ noto "
ments in consideration of marriage, or other like for & ed -
good considerations in law, made before the begin-
ning of the rebellion : which being now proved by
witnesses enough, decrees were every day obtained
for the restitution of great quantities of land upon
those deeds and conveyances ; though the forgeries
of those deeds and perjury of those witnesses were
very notorious. And some instances were given of

F 3



70 CONTINUATION OF THE LIFE OF
1661. the manifestation and direct proof that was made



of the forgery of deeds, upon which decrees had
been made, to the satisfaction of the commissioners
themselves, within a very short time after the pro-
nouncing those decrees : and yet no reparation was
given, but the decrees proceeded and were executed
with all rigour, as if no such thing had appeared.
The com- rpj^ com missioners answered, " that they had

raissioners

defence. ma de no decrees but according to their con-
" sciences, and such as they were obliged to make
" by the course and rule of justice. That they did
" doubt and in truth believe, that there had been
" evil practices used both in the forging of deeds
" and corrupting of witnesses, and that the same
" was equally practised by the English as the Irish :
" and therefore that they had been obliged to make
" that order, which had been so much excepted
" against, not to admit the testimony of any English
" adventurer or soldier in the case of another adven-
" turer or soldier ; for that it was very notorious,
" they looked upon the whole as one joint interest,
" and so gratified each other in their testimonies. "
And of this they gave many sad instances, by which
it was too evident that the perjuries were mutual,
and too much practised by the one and the other
side.

" That they had used all the providence and vi-
" gilance they could, by the careful examination of
" witnesses, (which were produced apart, and never
" in the presence of each other,) and by asking
" them all such material questions as occurred to
" their understandings, and which they could not
" expect to be asked, to discover the truth, and to
" prevent and manifest all perjuries. That they



EDWARD EARL OF CLARENDON. 71

" had likewise used their utmost diligence and care 166J.
" to prevent their being imposed upon with false and~
" forged deeds and conveyances, by taking a precise
" and strict view themselves of all deeds produced ;
" and interrogated the witnesses with all the cun-
" ning they could, upon the matter and considera-
" tion upon which such deeds had been entered
" into, and upon the manner u and circumstances in
"the execution thereof: which was all the provi-
" dence they could use. And though they met with
" many reasons oftentimes to doubt the integrity of
" the proceedings, and in their own private con-
" sciences to apprehend there might be great cor-
" ruption ; yet that they were obliged judicially to
" determine according to the testimony of the wit-
" nesses, and the evidence of those deeds in law
" against which no proofs were made. That they
" had constantly heard all that the adverse party
. " had thought fit to object, both against the credit
" of any witnesses, and the truth and validity of
" any conveyances which were produced ; upon
" which they had rejected many witnesses, and dis-
" allowed some conveyances : but when the objec-
" tions were only founded upon presumptions and
" probabilities, as most usually they were, they
" could not weigh down the full and categorical
" evidence that was given.

" That if they had yielded to the importunities of
" the persons concerned, who often pressed to have
" further time given to them to prove such a perjury,
" or to disprove such a conveyance ; it must have
" made their work endless, and stopped all manner

11 manner"), matter
F 4



72 CONTINUATION OF THE LIFE OF

1661. "of proceedings, for which it appeared they were
" straitened too much in time : and that indeed
" would have but opened the door wider for perjuries
" and other corruptions ; since it was very plain to
" them, that either side could bring as many wit-
" nesses as they pleased, to prove what they pleased,
" and that they would bring as many as they be-
" lieved necessary to the work in hand. And there-
" fore the commissioners having before prescribed a
" method and rule to themselves for their proceed-
" ings, and that no man could have a cause, in which
" he was concerned, brought to hearing without his
" knowing when it was to be heard, and so it wa^
" to be presumed, that he was well provided to sup-
" port his own title ; they had thought fit, upon ma-
" ture deliberation amongst themselves, to adhere to
" the order they had prescribed to themselves and
" others, and to conclude, that they would not be
" able to prove that another day, which they were
" not able to prove at the time when they ought to
" have been ready.

" For the discovery of any forgery after the de-
" crees had been passed, and upon which they had
" given no reparation," they confessed, " that some
" few such discoveries had been made to them, by
" which the forgery appeared very clearly : but as
" they had no power by the act of parliament to pu-
" nish either forgery or perjury, but must leave the
" examination and punishment thereof to the law,
" and to the judges of the law; so, that they had
" only authority to make decrees upon such grounds
" as satisfied their consciences, but had not any au-
" thority to reverse those decrees, after they were
" once made and published, upon any evidence what-



EDWARD EARL OF CLARENDON. 73

" soever. " They concluded with their humble desire 1661.

to the king, " that the most strict examinations might '"

" be made of their corruptions, in which," they said,

<* they were sure to be found very innocent, against

" all the malice that was discovered against them :

" that they had proceeded in all things according to

" the integrity of their hearts, and the best of their

'* understandings ; and if through the defect of that

" they had erred in any part of their determinations

" and judgments, they hoped their want of wisdom

" should not be imputed to them as a crime. "

Many, who had a very good opinion of the per- Their de-
sons and abilities of the commissioners, were not yet pe rfectiysa-
satisfied with their defence; nor did they believe, tlsfactory '
that they were so strictly bound to judge upon the
testimony of suspected witnesses ; but that they were
therefore trusted with an arbitrary power, because it
was foreseen that juries were not like to. be entire:
so that they were, upon weighing all circumstances,
to declare what in their consciences they believed to
be true and just. That if they had bound themselves
up by too strict and unreasonable rules, they should
rather in time have reformed those rules, than think
to support what was done amiss, by the observation
of what they had prescribed to themselves. And it
was believed, that the entire exclusion of the Eng-
lish from being witnesses for the proving of what
could not in nature be otherwise proved, was not just
or reasonable. That their want of power to reverse
-or alter their own decrees, upon any emergent rea- f
sons which could afterwards occur, was a just ground
for their more serious deliberation in and before they
passed any such decrees. And their excuse for not
granting longer time when it was pressed for, was



74 CONTINUATION OF THE LIFE OF

founded upon x reasons which were visibly not to be
- 1 justified; it not being possible for any man to de-
fend himself against the claims of the Irish, without
knowing what deeds or witnesses they could pro-
duce for making good their suggestions ; and there-
fore it was as impossible for them to have all their
evidence upon the place. Besides that it was very
evident, that in the last ten days of their sitting
(which was likewise thought to be when their power
as to those particulars was determined, and in which
they had made more decrees than in all the time
before) they had made so many in a day, contrary
to their former rule and method, that men were
plainly surprised, and could not produce those proofs
which in a short time they might have been sup-
plied with; and the refusing to allow them that
time, was upon the matter to determine their in-
terest, and to take away their estates without being
once heard, and upon the bare allegations of their
adversaries. And in these last decrees many in-
stances were given of that nature, wherein the evi-
dence appeared to be very full, if time had been
given to produce it.

A decree in There was one very notable case decreed by the
themar- commissioners extremely complained of, and cried out
trim imu n ~ a g ams t by all parties, as well Irish as English ; and
versaiiy f or wn ich the commissioners themselves made no

complained

of. other excuse or defence, but the receipt of a letter

from the king, which was not thought a good plea
for sworn judges, as the commissioners were. It was
the case of the marquis of Antrim. Which case hav-
ing been so much upon the stage, and so much en-

* was founded upon] Omitted in MS.



EDWARD EARL OF CLARENDON. 75
larged upon to the reproach of the king, and even 1661.



to the traducing of the memory of his blessed fa-
ther ; and those men, who artificially contrived the
doing of all that was done amiss, having done all
they could to wound the reputation of the chancel-
lor, and to get it to be believed, "that he had by
" some sinister information misled the king to oblige
" the marquis ;" it is a debt due to truth, and to
the honour of both their majesties, to set down a
very particular narration of that whole affair; by
which it will appear, how far the king was from so
much as wishing that any thing should be done for
the benefit of the marquis, which should be contrary
to the rules of justice.

Whilst his majesty was in foreign parts, he re-Aver ypa r-
ceived frequent advertisements from England and latioSVf^h
from Ireland, "that the marquis of Antrim behaved AnSmV*
" himself very undutifully towards him ; and that case -
" he had made himself very grateful to the rebels,
" by calumniating the late king : and that he had
" given it under his hand to Ireton, or some other
" principal person employed under Cromwell, that
" his late majesty had sent him into Ireland to join
" with the rebels, and that his majesty was not of-
" fended with the Irish for entering into that rebel-
" lion :" which was a calumny so false and so odious,
and reflected so much upon the honour of his ma-
jesty, that the king was resolved, as soon as God
should put it into his power, to cause the strictest
examination to be made concerning it ; the report
having gained much credit with his majesty, by the
notoriety that the marquis had procured great re-
commendations from those who governed in Ireland
to those who governed in England ; and that upon



76 CONTINUATION OF THE LIFE OF

1661. the presumption of that he had come into England,
~~ and as far as St. Alban's towards London, from
whence he had been forced suddenly to return into
Ireland by the activity of his many creditors, who
upon the news of his coming had provided for his
reception, and would unavoidably have cast him into
prison. And no recommendation could have inclined
those who were in authority, to do any thing ex-
traordinary for the protection of a person, who from
the beginning of the Irish rebellion lay under so ill
a character with them, and had so ill a name through-
out the kingdom.

The king had been very few days in London,
after his arrival from the parts beyond the seas,
when he was informed that the marquis of Antrim
was upon his way from Ireland towards the court :
and the commissioners from Ireland, who have been
mentioned before, were the first who gave his ma-
jesty that information, and at the same time told
him all that his majesty had heard before concern-
ing the marquis, and of the bold calumnies with
which he had traduced his royal father, witli many
other particulars ; " all which," they affirmed, "would
" be proved by unquestionable evidence, and by let-
" ters and certificates under his own hand. " Upon
this full information, (of the truth whereof his ma-
jesty entertained no doubt,) as soon as the marquis
came to the town, he was by the king's special order
committed to the Tower; nor could any petition
from him, or entreaty of his friends, of which he
had some very powerful, prevail with his majesty to
admit him into his presence. But by the first op-
portunity he was sent prisoner to Dublin, where he
was committed to the castle ; the king having given



EDWARD EARL OF CLARENDON. 77

direction, that he should be proceeded against with 1661,
all strictness according to law : and to that purpose,
the lords justices were required to give all orders
and directions necessary. The marquis still pro-
fessed and avowed his innocence, and used all the
means he could to procure that he might be speedily
brought to his trial ; which the king likewise ex-
pected. But after a year's detention in prison, and
nothing brought against him, he was set at liberty,
and had a pass given him from the council there to
go into England. He then applied himself to his
majesty, demanding nothing of favour, but said, " he
" expected justice ; and that after so many years
" being deprived of his estate, he might at last be
" restored to it, if nothing could be objected against
" him wherein he had disserved his majesty. "

He was a gentleman who had been bred up in
the court of England, and having married the duchess
of Buckingham, (though against the king's will,) he
had been afterwards very well received by both their
majesties, and was frequently in their presence. He
had spent a very vast estate in the court, without
having ever received the least benefit from it. He
had retired into Ireland, and lived upon his own
estate in that country, some years before the rebel-
lion brake out; in the beginning whereof he had
undergone some suspicion, having held some corre-
spondence with the rebels, and possibly made some
undertakings to them : but he went speedily to Dub-
lin, was well received by the justices there, and from
thence transported himself with their license to Ox-
ford, where the king was ; to whom he gave so good
an account of all that had passed, that his majesty
made no doubt of his affection to his service, though



78 CONTINUATION OF THE LIFE OF

1661. he had very little confidence in his judgment and
""understanding, which were never remarkable. Be-
sides that it was well known, that he had a very
unreasonable envy towards the rnarquis of Ormond,
and would fain have it believed that his interest in
Ireland was so great, that he could reclaim that
whole nation to his majesty's obedience ; but that
vanity and presumption never gained the least credit
with" his majesty : yet it may reasonably be believed
that he thought so himself, and that it was the
source from which all the bitter waters of his own
misfortune issued.

Upon the Scots second entering into England
with their army upon the obligation of the covenant,
and all his majesty's endeavours to prevent it being
disappointed, the marquis of Mountrose had pro-
posed to the king, "to make a journey privately
" into Scotland, and to get into the Highlands,
" where, with his majesty's authority, he hoped he
" should be able to draw together such a body of
" men, as might give his countrymen cause to call
" for their own army out of England, to secure
" themselves. " And with this overture, or upon de-
bate thereof, he wished " that the earl of Antrim"
(for he was then no more) " might be likewise sent
" into Ulster, where his interest lay, and from
" whence he would be able to transport a body of
" men into the Highlands, where he had likewise
" the clan of Macdonnels, who acknowledged him to
" be their chief, and would be consequently at his
" devotion ; by which means the marquis of Mount-
" rose? would be enabled the more powerfully to pro-
" ceed in his undertaking. " The earl of Antrim en-
tered upon this undertaking with great alacrity, and



EDWARD EARL OF CLARENDON. 79

undertook to the king to perform great matters in 166 1.
Scotland ; to which his own interest and animosity
enough disposed him, having an old and a sharp
controversy and contestation with the marquis of
Argyle, who had dispossessed him of a large terri-
tory there. All things being adjusted for this un-
dertaking, and his majesty^ being well pleased with
the earl's alacrity, he created him at that time a
marquis, gave him letters to the marquis of Ormond
his lieutenant there, as well to satisfy him of the
good opinion he had of the marquis of Antrim, and
of the trust he had reposed in him, as to wish him
to give him ah* the assistance he could with conve-
nience, for the carrying on the expedition for Scot-
land.

And for the better preventing of any inconve-
nience that might fall out by the rashness and in-
advertency of the marquis of Antrim towards the
lord lieutenant, his majesty sent Daniel O'Neile of
his bedchamber into Ireland with him, who had
great power over him, and very much credit with
the marquis of Ormond ; and was a man of that
dexterity and address, that no man could so well
prevent the inconveniences and prejudice, which the
natural levity and indiscretion of the other might
tempt him to, or more dispose and incline the lord
lieutenant to take little notice of those vanities and
indiscretions. And the king, who had no desire
that the marquis should stay long in Dublin, upon
his promise that he would use all possible expedi-
tion in transporting himself into Scotland, gave him
leave to hold that correspondence with the Irish re-
bels (who had the command of all the northern parts,
and without whose connivance at least he could very



80 CONTINUATION OF THE LIFE OF

1661. hardly be able to make his levies and transport his
""men) as was necessary to his purposes: within the
limits of which, it is probable enough that he did
not contain himself; for the education and conver-
sation he had in the world, had not extirpated that
natural craft in which that nation excels, and by
which they only deceive themselves ; and might say
many things, which he had not authority or warrant
to say.

Upon his coming to Dublin, the lord lieutenant
gave him all the countenance he could wish, and
assisted him in all the ways he could propose, to
prosecute his design ; but the men were to be raised
in or near the rebels' quarters. And it cannot be
denied, but that the levies he made, and sent over
into Scotland under the command of Calkito, were
the foundation of all those wonderful acts, which
were performed afterwards by the marquis of Mount-
rose, (they were fifteen hundred men, very good, and
with very good officers ; all so hardy, that neither the
ill fare nor the ill lodging in the Highlands gave them
any discouragement,) and gave the first opportunity
to the marquis of Mountrose of being in the head
of an army ; under which he drew together such of
the Highlanders and others of his friends, who were
willing to repair to him. But upon any military
action, and defeat given to the enemy, which hap-
pened as often as they encountered the Scots, the
Highlanders went always home with their booty,
and the Irish only stayed together with their ge-
neral. And from this beginning the marquis of
Mountrose grew to that power, that after many
battles won by him with notable slaughter of the
enemy, he marched victoriously with his army till



EDWARD EARL OF CLARENDON. 81

he made himself master of Edinburgh, and redeemed
out of the prison there the earl of Crawford ? , lord
Ogilby, and many other noble persons, who had been
taken and sent thither, with resolution that they
should all lose their heads. And the marquis of
Mountrose did always acknowledge, that the rise
and beginning of his good success was due and to
be imputed to that body of Irish, which had in the
beginning been sent over by the marquis of Antrim ;
to whom the king had acknowledged the service by
several letters, all of his own handwriting ; in which
were very gracious expressions of the sense his ma-
jesty had of his great services, and his resolution to
reward him.

It is true, that the marquis of Antrim had not
gone over himself with his men, as he had promised
to do, but stayed in Ulster under pretence of raising
a greater body of men, with which he would adven-
ture his own person ; but either out of jealousy or
displeasure against the marquis of Mountrose, or
having in truth no mind to that service of Scotland,
he prosecuted not that purpose, but remained still
in Ulster, where all his own estate lay, and so was
in the rebels' quarters, and no doubt was often in
their councils ; by which he gave great advantages
against himself, and might in strictness of law have
been as severely punished by the king, as the worst
of the rebels. At last, in his moving from place to
place, (for he was not in any expedition with the
rebels,) he was taken prisoner by the Scots, who in-
tended to have put him to death for having sent
men into Scotland ; but he made his escape out of

> Crawford] Strafford
VOL. II. G



82 CONTINUATION OF THE LIFE OF

1661. their hands, and transported himself into Flanders,
and from thence, having assurance that the prince
(his majesty that now is) was then in the west, he
came with two good frigates into the port of Fal-
mouth, and offered his service to his royal highness ;
and having in his frigates a quantity of arms and
+ some ammunition, which he had procured in Flan-
ders for the service of Ireland, most of the arms and
ammunition were employed, with his consent, for
the supply of the troops and garrisons in Cornwall :
and the prince made use of one of the frigates to
transport his person to Scilly, and from thence to
Jersey ; without which convenience, his highness
had been exposed to great difficulties, and could
hardly have escaped the hands of his enemies. After
all which, when Dublin was given up to the parlia-
ment, and the king's authority was withdrawn out
of that kingdom, he again (not having wherewithal
to live any where else) transported himself into Ire-
land, made himself gracious with the Irish, and was
by them sent into France, to desire the queen mo-
ther and the prince of Wales " to send the marquis
" of Ormond to reassume his majesty's government
" in that kingdom ;" which was done accordingly,
in the manner that is mentioned elsewhere.

The marquis of Antrim alleged all these- particu-
lars, and produced many original letters from the
late king, (besides those which are mentioned,) the
queen mother, and the prince, in all which his ser-
vices had been acknowledged, and many promises
made to him; and concluded with a full protesta-
tion, " that he desired no pardon for any thing that
" he had ever done against the king ; and if there
" were the least proof that he had failed in his fide-



EDWARD EARL OF CLARENDON. 83

" lity to him, or had not according to the best of 1661
" his understanding advanced his service, he looked ~
" for no favour. But if his being in the Irish quar-
" ters and consulting with them, without which he
" could not have made his levies for Scotland, nor
" transported them if he had levied them, and if his
" living amongst them afterwards, when his ma-
"jesty's authority 7 was drawn from thence, and
" when he could live no where else, do by the strict
" letter of the law expose him to ruin without his
" majesty's grace and favour, he did hope his ma-
" jesty would redeem him from that misery, and
" that the forfeiture of his estate should not be
" taken, as if he were a traitor and a rebel to the
" king. " And it appeared that if he were restored
to all he could pretend to, or of which he had ever
been possessed, his debts were so great, and his cre-
ditors had those legal incumbrances upon his estate,
that his condition at best would not be liable to
much envy.

Though the king had been never taken notice of
to have any great inclinations to the marquis, who
was very little known to him ; yet this representa-
tion and clear view of what he had done and what
he had suffered, raised great compassion towards
him in the royal breast of his majesty. And he
thought it would in some degree reflect upon his
own honour and justice, and upon the memory of
his blessed father, if in a time when he passed by so
many transgressions very heinous, he should leave
the marquis exposed to the fury of 'his enemies, (who
were only his enemies because they were possessed

* authority] Omitted in MS.
G 2



84 CONTINUATION OF THE LIFE OF

1661. of his estate, and because he desired to have his
""own from them,) for no other crime upon the mat-
ter, than for not having that prudence and that pro-
vidence in his endeavours to serve the king, as he
ought to have had ; that is, he ought to have been
wiser. And the rigour exercised towards him upon
his first arrival, in sending him to the Tower and
afterwards into Ireland, by those who enough wished
his destruction, and that they had not been able to
make the least proof against him, improved his ma-
jesty's good disposition towards him. Yet he re-
fused positively to write a letter to the commis-
sioners on his behalf; which the marquis most im-
portunately desired, as the only thing that could do
him good. But his majesty directed a letter to be
prepared to the lord lieutenant, in which all his alle-
gations and suggestions should be set down, and the
truth thereof examined by him ; and that if he
should be found to have committed no greater faults
against the king, than those which he confessed,
then that letter should be sent to the commissioners,
that they might see both their majesties' testimonies
in such particulars as were known to themselves.
And this letter was very warily drawn, and being
approved by his majesty, was sent accordingly to
the lord lieutenant. And shortly after a copy of it
signed by the king (who conceived it only to be a
duplicate, lest the other should miscarry) was, con-
trary to his majesty's resolution, and contrary to
the advice of the chancellor and without his know-
ledge, likewise sent to the commissioners ; who had
thereupon made such a decree as is before men-
tioned, and declared, " that they had made it only
" upon that ground ;" which gave his majesty some



EDWARD EARL OF CLARENDON. 85

trouble, and obliged him to insert a clause in the 1661.
next bill concerning that affair.

And this was the whole proceeding that related
to the marquis of Antrim : and it is yet very hard
to comprehend, wherein there was more favour
shewed towards him by his majesty, than he might
in truth very reasonably pretend to, what noise so-
ever was raised, and what glosses soever made;
which proceeded only from the general dislike of
the man, who had much more weakness than wick-
edness in him, and was an object rather of pity than
of malice or envy.

When his majesty entered upon the debate of the
third bill, which was transmitted to him for a sup-
plement and addition to the other two, he quickly
found the settlement proposed, and which was the
end of the three bills, was now grown more difficult
than ever. All the measures, which had formerly The diffi-
been taken from the great proportion of land which a"ettie-
would remain to be disposed of, were no more to be^^J""
relied upon, but appeared to have been a wrong
foundation from the beginning; which was now
made more desperate, by the vast proportions which
had been assigned to the Irish by the commissioners'
decrees : and somewhat had intervened by some acts By some
of bounty from his majesty, which had not been dent acts of
carefully enough watched and represented to him. 'the king?

The king had, upon passing the former bills, and
upon discerning how much the Irish were like to suf-
fer, resolved to retain all that should by forfeiture or
otherwise come to his majesty in his own power ; to
the end, that when the settlement should be made, he
might be able to gratify those of the Irish nation, who

G 3



1661. had any thing of merit a towards him, or had been
~~ least faulty. And if he had observed that resolution,
very much of the trouble he underwent afterwards
had been prevented : for he would then, besides that
which Cromwell had reserved to himself, (which
was a vast tract of ground,) have had all those for-
feitures which the regicides had been possessed of,
and other criminal persons; which amounted to a
huge quantity of the best land. And though the
king had before designed all those forfeited lands to
his brother the duke, yet his highness was so pleased
with the resolution his majesty had taken, to retain
them to that purpose, that he forbore to prosecute
that grant, till he heard of great quantities of land
every day granted away by his majesty to his ser-
vants and others; whereby he saw the main end
would be disappointed. And then he resolved to be
no longer a loser for the benefit of those, who had
no pretence to what they got ; and so proceeded in
getting that grant from the king to himself of those
lands designed to him.

The kin & h ad swerved from tnat te> before it



owing to was scarce discerned : and the error of it may be

the earl of . '

Orrery. very justly imputed to the earl of Orrery b , and to
none but him ; who believing that he could never
be well enough at court, except he had courtiers of
all sorts obliged to him, who c would therefore speak
well of him in all places and companies, (and those
arts of his put the king to much trouble and loss
both in England and Ireland,) he commended to
many of such friends (though he had advised the

a of merit] Omitted in MS. b Orrery] Ormond c who] and



EDWARD EARL OF CLARENDON. 87

king to' the former resolution) many suits of that 1661.
kind, and sent certificates to them, oftentimes un-"~
der his own hand, of the value those suits might be
to them if obtained, and of the little importance the
granting of them would be to his majesty ; which,
having been shewed to the king, disposed him to
those concessions, which otherwise he would not so
easily have made. Then he directed them a way
(being then one of the lords justices) for the more
immediate passing those grants they could obtain,
without meeting those obstructions which they had
been subject to ; for when any of those grants had
been brought to the great seal of England, the
chancellor always stopped them, and put his majesty
in mind of his former resolution : but this new way This done
(in itself lawful enough) kept him from knowing any chancellor'*
of those transactions, which were made by letters knowledge :
from the king to the lords justices ; and thereupon
the grants were prepared there, and passed under
the great seal of Ireland.

There was then likewise a new clause introduced
into those grants, of a very new nature ; for being
grounded always upon letters out of England, and
passed under the seal of Ireland, the letters were
prepared and formed there, and transmitted hither
only for his majesty's sign manual : so that neither 4
the king's learned council at law, nor any other his
ministers, (the secretaries only excepted,) had any
notice or the perusal of any of those grants. The And with
clause was, " that if any of those lands so granted dmary
" by his majesty should be otherwise decreed, his "



majesty's grantee should be reprised with other the s nts -



a neither] Not in MS.
G 4



88 CONTINUATION OF THE LIFE OF

1661. "lands:" so that in many cases, the greatest in-
"ducement to his majesty's bounty being the incer-
tainty of his own right, which the person to whom
it was granted was obliged to vindicate at his own
charge, the king was now bound to make it good, if
his grant was not valid. And so that which was
but a contingent bounty, which commonly was the
sole argument for the passing it, was now turned
into a real and substantial benefit, as a debt ; which
created another difficulty in the settlement : which
was yet the more hard, because there were many
claims of the Irish themselves yet unheard, all the
false admeasurements to be examined, and many
other uncertainties to be determined by the commis-
sioners ; which left those who were in quiet posses-
sion, as well as those who were out of it, in the
highest insecurity and apprehension.

This intricacy and even despair, which possessed
all kind of people, of any settlement, made all of
them willing to contribute to any that could be pro-
posed. They found his majesty very unwilling to
consent to the repeal of the decrees made by the
commissioners; which must have taken away the
confidence and assurance of whatsoever was to be
done hereafter, by making men see, that what was
settled by one act of parliament might immediately
be unsettled by another : so that there was no hope
by that expedient to increase the number of acres,
which being left might in any degree comply with
the several pretences. The Irish found, that they
might only be able to obstruct any settlement, but
should never be able to get such a one as would
turn to their own satisfaction. The soldiers and
adventurers agreed less amongst themselves : and



EDWARD EARL OF CLARENDON. 89

the clamour was as great against those, who by 1661.
false admeasurements had gotten more than they"
should have, as from those who had received less
than was their due ; and they who least feared any
new examination could not yet have any secure
title, before all the rest were settled. In a word, all
men found that any settlement would be better than
none ; and that more profit would arise from a
smaller proportion of land quietly possessed and
husbanded accordingly, than from e a much greater
proportion under a doubtful title and an incertainty,
which must dishearten any industry and improve-
ment.

Upon these considerations and motives, they met
amongst themselves, and debated together by what
expedient they might draw light out of this dark-
ness. There appeared only one way which ad-
ministered any reasonable hope ; which was, by in-
creasing the stock for reprisals to such a degree,
that all men's pretences might in some measure be
provided for : and there was no other way to arrive
to this, but by every man's parting with somewhat
which he thought to be his own. And to this they
had one encouragement, that was of the highest
prevalence with them, which was, that this way an
end would be put to the illimited jurisdiction of the
commissioners, (which was very terrible to all of
them,) who from henceforth could have little other
power, than to execute what should here be agreed
upon.

In conclusion, they brought a proposition to the The differ-
king, raised and digested between themselves, " that

' e from] of



90 CONTINUATION OF THE LIFE OF

1661. "all persons, who were to receive any benefit by
agree upon " tn ^ s act should abate and give a fourth part of



they na( ^ towards the stock for reprisals ;
settlement. " all which the commissioners should distribute
" amongst those Irish, who should appear most fit
" for his majesty's bounty. " And this agreement
was so unanimous, that though it met with some
obstinate opposition after it was brought before 1 the
king, yet the number of the opposers was so small
in respect of the others who agreed to it, that they
grew weary and ashamed of further contention.
tnereu P on tnat third act of settlement, as sup-



passes the plemental to the other two, was consented to by the

third act . iti i 111 i

of settle- king; who, to publish to the world that nothing
stuck with him which seemed to reflect upon the
commissioners, resolved to make no change : and so
though two of them, who had offices here to dis-
charge, prevailed with his majesty that they might
not return again into Ireland; the other five were
continued, to execute what was more to be done by
this act, and so to perfect the settlement. And no
doubt it will be here said, that this expedient might
have been sooner found, and so prevented many of
those disorders and inconveniences which inter-
vened. But they who knew that time, and the per-
verseness and obstinacy that possessed all pretend-
ers, must confess that the season was never ripe
before : nor could their consent and agreement,
upon which this act was founded, ever be obtained
before.

These were all the transactions which passed with
reference to Ireland, whilst the chancellor remained
at that board ; in which he acted no more than any
other of the lords who were present did : except



EDWARD EARL OF CLARENDON. 91

when any difficulties occurred in their private meet- 1661.
ings and debates, they sometimes resorted to him"
for advice, which he was ready to give ; being al-
ways willing to take any pains, which might make
that very difficult work more easy to be brought to
a good end. But as he never thought he deserved
any reward for so doing, so he never expected the
benefit of one shilling in money or in money's worth,
for any thing he ever did in that affair ; and was so
far from entertaining any overture to that purpose,
that it is notoriously known to many persons of ho-
nour, who, I presume, will be ready to testify the
same, that when, upon his majesty's first return into
England, some propositions were made to him of
receiving the grant of some forfeited lands, and for
the buying other lands there upon the desire of the
owners thereof, and at so low a price that the very
profit of the land would in a short time have paid
for the purchase, and other overtures of immediate
benefit in money, (which others did and lawfully
might accept ;) he rejected all propositions of that
kind or relating to it, and declared publicly and
privately, " that he would neither have lands in
" Ireland nor the least benefit from thence, till all
" differences and pretences in that kingdom should
" be so fully settled and agreed, that there could be
" no more appeal to the king, or repairing to the
" king's council for justice ; in which," he said, " he
" should never be thought so competent an adviser,
" if he had any title of his own in that kingdom to
" bias his inclinations. " And he was often heard to
say, " that he never took a firmer resolution in any
" particular in his life, than to adhere to that con-
" elusion. " Yet because it was notorious afterwards,



92 CONTINUATION OF THE LIFE OF

1661. that he did receive some money out of Ireland, and
""had a lawful title to receive more, (with which he

A vindica-
tion of the was reproached when he could not answer for him-

cbancellor /> *. r>

with regard self ;) it may not be amiss in this place, for his vin-
*"' ' ' dication, to set down particularly how that came to
pass, and to mention all the circumstances which
preceded, accompanied, or attended that affair.

In the bills which were first transmitted from Ire-
land after his majesty's happy return, there was an
imposition of a certain sum of money upon some
specified lands in several provinces, " which was f to
" be paid to his majesty within a limited time, and
" to be disposed of by his majesty to such persons
" who had served him faithfully, and suffered in so
" doing," or words to that effect ; for he often pro-
tested that he never saw the act of parliament, and
was most confident that he never heard of it at the
time when it passed, he being often absent from the
council, by reason of the gout or other accidents,
when such matters were transacted. But two years
after the king's return, or thereabout, he received a
letter from the earl of Orrery, " that there would
" be in his hands, and in the earl of Anglesea's and
" the lord Massaren's," (who it seems were ap-
pointed treasurers to receive the money to be raised
by that act of parliament,) " a good sum of money
" for him ; which he gave him notice of, to the end
" that he might give direction for the disposal
" thereof, whether he would have it returned into
" England, or laid out in land in Ireland ;" and he
wished " that he would speedily send his direction,
*' because he was confident that the money would

f was] were



EDWARD EARL OF CLAREN 7 DON. 93

" be paid in, at least by the time that his letter 1661,
" could arrive there. " No man can be more sur- ~~
prised, than the chancellor was at the receipt of this
letter, believing that there was some mistake in it,
arid that his name might have been used in trust by
somebody who had given him no notice of it. And
without returning any answer to the earl of Orrery,
he writ by that post to the lord lieutenant, to in-
form him of what the earl of Orrery had writ to
him, and desired him to " inform him by his own
" inquiry, what . the meaning of it was. "

Before he had an answer from the lord lieutenant,
or indeed before his letter could come to the lord
lieutenant's hands, he received a second letter from
the earl of Orrery ; in which he informed him,
" that there was now paid in to his use the sum of
" twelve thousand six hundred and odd pounds, and
" that there would be the like sum again received
" for him at the end of six months ;" and sent him
a particular direction, " to what person and in what
" form he was to send his order for the payment of
" the money.