The state of the Protestants of Ireland under the late King James's government in which their carriage towards him is justified, and the absolute necessity of their endeavouring to be freed from his government, and of submitting to their present Majesties is demonstrated.

SECT. XIII. Eighthly, King James brought the Lives of his Protestant Subjects in Ireland into imminent danger.

1. I Suppose from the former Sections, it is sufficiently appa∣rent, what Invasions King James made on the Liberties and Fortunes of his Protestant Subjects; there remained to them only their Lives, and these, as will appear from this Secti∣on, were put in imminent danger by him; many were lost, and the rest escap'd with the greatest hazard. When King James came into Ireland, it was certainly his Interest to exercise his Clemency towards his Protestant Subjects; and he knew it to be so; and therefore in his Declaration which he sent privately into England, he made large Professions of his tenderness to∣wards them, and boasted how much their safety had been his care; every body expected a Proclamation for a General Par∣don and Indemnity should have been sent before him; and that ••e would have put an effectual stop to the illegal Prosecutions against their Lives, and to the Robberies of their Fortunes, that every where were going on at his coming; but on the con∣trary, he rather pusht on both; and not content with the

Laws that already were in force, which Partial Judges and Ju∣ries wr••sted to destroy them, he made new snares for them by Acts of his pretended Parliament, and by several private decla∣rations; whereby not only he, but his inferior Officers, took on them to dispose of the Lives of Protestants.

2. It is not reasonable to charge his Majesty with the pri∣vate Murther committed on Men in their Houses, which were many up and down the Kingdom; several even in the City of Dublin. Only thus far in some degree he may be thought responsible for them: he knew very well with what barbarous Murthers the Papists of Ireland had been charg'd in the Rebel∣lion of 1641; he knew what inveterate hatred they carried to∣wards the Protestants, and how many Tories and Robbers con∣stantly disturbed the Peace of the Kingdom; and yet without any necessity at all, he threw himself upon these People, he en∣couraged them, he Armed them, he gave Commissions even to those that had been Tories, and guilty of Murthers, and there∣fore cannot altogether be excused from the Irregularities com∣mitted by them; especially when there was no search made af∣ter, or Prosecution of the Murthers; as it happened in the case of Colonel Murry of Westmeath, Brother in law to my Lord Granard, an old Gentleman who had serv'd King Charles the first and second, and suffered considerably for his Loyalty; he was way-laid and shot dead as he rode to his own House under King James's Protection, and with some marks as he ima∣gined of his Favour. Yet no enquiry was made after it. There were many such private Murthers but I do not think it necessa∣ry to insist on them: I shall confine my self to such as are of a more publick Nature, which gave us just reasons to fear that the Government had a design upon our Lives.

3. Such were first encouraging Witnesses to swear us into feigned Plots and Conspiracies; of these there were many set up in the Kingdom; almost every County had one set up in it, and many were put into Prison and indicted for high Treason, as Captain Phillips, and Mr. Bowen in the County o•• Westmeath, and several others in other places, some of which I have before mentioned; and when the perjuries of the Wit∣nesses came to be plainly discovered, they yet were encoura∣ged

and protected from any Legal prosecution. Of this nature a Conspiracy was framing against one Mr. William Spike, and if it had taken effect it would have reached to a great many more. The contrivance was thus; one Dennis Connor had a mind to a small Employment which Mr Spike held in the Ca∣stle; he had petitioned for it, but Spike, by the Interest of my Lord Powis, tho a Protestant, kept his place, being found diligent in it. Connor resolv'd to try another experiment to get him removed: he framed a Letter as from one in Innis∣killing, directed to Spike, in which the writer thanks him for his Intelligence, and refers to a method agreed on for seizing the Castle of Dublin on a certain Day. The Letter (to make the thing more credible) abuses▪ King James in very ill terms: Connor drops this Letter in the Castle, where Spike came e∣very Day, knowing that as soon as it was found, Spike would be seized, and then he might manage the Plot as he pleased; but his Contrivance was spoiled, for the Sentinel saw him drop the Paper, and procured him immediately to be seized: he was examined before the Chief Justice, and I think before King James also, why he wrote such a wicked Letter: he said it was for the Kings service to remove Spike, whom he believ∣ed to be a Rogue, and who being a Protestant would be∣tray the King. Spike Prosecuted him in the Kings-Bench; but after all that could be done, the Jury brought Connor in not Guilty, pretending that it did not appear that this was the very Letter dropt by Connor, tho he had confest it before the King and the Lord Cheif Justice, and tho it was proved and owned to be his hand, and a rough draft of it found with him, and the Sentinel swore he dropt a Letter, which he delivered to the Officer; and the Officer swore that was the Letter, deli∣vered by the Sentinel to him, tho he did not see it dropt.

About the same time a Fryer was brought up to Town, who pretended to be dumb and maimed; the Popish Clergy gave out that Duke Schomberg had cut out his Tongue and thus maimed him, and declared that he would serve all the Priests and Fryers after the same manner, and they made proposals to revenge it on the Protestant Clergy. King James caused the Fryer to be examined, and discovered

the deceit; which falling immediately on Mr Spikes busi∣ness, made the King say in great Anger, that for ought he saw the Protestants were wronged, and misrepresented unto him, and that there were some as great Rogues among the Roman Catholicks, as amongst them. The Fryers to acquit themselves of the Cheat, got their Brother Fryer severely lasht; pretending that he was a Spy and none of their Fraternity; upon which he was carryed naked through the Town on a Cart in a Savage manner, to execution as was suppos'd, but was brought back and put into Prison, from which after some∣time he was dismissed and his Habit restor'd him. Many such contrivances there were against the Lives of Protestants, and they could not look on themselves as safe while such wicked Men were unpunished; the Courts also declaring that the Witnesses, though perjur'd, could not be punisht, because they Swore for the King.

2 No Protestant was secure of his Life, because the Courts wrested such facts to Treason as were not declared so by any Law. Thus Cheif Justice Nugent declared it was Trea∣son for any Protestant to keep Arms, or wear a Sword after the King had forbidden it by his Proclamation, and declared them Rebels that did so; several Gentlemen in the Country had kept their Horses and Arm'd their Servants, to watch them against the Robbers, commonly call'd Rapparies that plunde∣red them; this was construed a Levying War against the King; and the pretended Parliament Attainted them of High Treason. In the County of Cork, one Mr Brown had appear'd in a com∣pany of Men who endeavoured to make their escape from those that came to plunder them of their Arms and Horses; but misliking the design, went home to his own Houfe: He was brought before Judg Dally for this at Limerick, who upon examination of the matter, dismist him, judging him innocent of any crime that would bear an Indictment; but he was taken up again for the same Fact at Cork, and brought before Judg Nugent, at the time when King James came first thi∣ther: Judg Nugent seem'd at first to be of the same opinion with Judg Dally; but after he had discours'd his Majesty, he proceeded vigourously against the Gentleman, and procured

him to be found guilty by a partial Jury. Every body lookt on this only as an occasion sought for the King to shew his Clemency; Mrs. Brown the convicted Gentlemans Wife with five or six Children, presented him a Petition begging her Husbands Life at his Feet, as the first Act of Grace on his coming into the Kingdom; but he rejected her Petition; and notwithstanding she reinforc't it with all the Friends and in∣terest she could make, the Gentleman was hanged, drawn and quartered. This awakened all the Protestants in Ireland; it made them remember the bloody Executions in the West of England on the account of Monmouth's Rebellion, and how small a matter serv'd to take away Mens Lives there; they suspected that Judg Nugent would act the same part in Ireland, that Chief Justice Jeffreys had done in England; and they knew that if the King did not interpose, neither Juryes nor Witnesses would be wanting to destroy them; in short they became very sensible that their Lives were in imminent danger, when they saw a Gentleman of some Estate and Credit in his Country, hang'd for being but in the Company for a little time (without acting any thing) of some others who endea∣voured to make their escape from a Crew of Robbers that without Order or Commission came to Plunder them of their Horses and Arms; they had the more reason to be Apprehen∣sive of their Lives, when they found that no Advantage was let slip against them, nor any Articles or Promises, however solemnly made to them for their safety and indemnity, were regarded: of which there were many Examples.

3. At the time of the disarming, February 24. the Town of Bandon near Cork, being frightned and surpriz'd with such an unjust and sudden thing, and not knowing where it would end, shut up their Gates, and turn'd out some Dragoons who were ap∣pointed to disarm them. General Mac Carty went to reduce them, and they believing him to be a Man of Honour, yielded to him upon Articles, for which they paid him 1000 l. ster. by the Articles they were to be indemnified for what was past, and a Pardon to be granted them. Notwithstanding which Articles the Grand Jury at Cork, by direction of Chief Justice Nugent, found Bills against them, resolving to serve them as he had ser∣ved

Mr. Browne: and it was suppos'd that he was encouraged to do it by King James himself. The time allowed him for the As∣sizes would not permit him to try them then; and for this rea∣son and on the Importunity and Menaces of General Mac Carty; who being on the place thought himself obliged to make good his Articles, he put off their Tryal till the next Assizes. These Bills lay over their Heads, no pardon was granted them, and some of them were condemned in the Act of Attainder.

The Earl of Inchiquin and Captain Henry Boyle had put themselves under General Mac Carty's Protection, and he enga∣ged to secure them and their Houses, but he did not perform his Promise; for Castle-martyr, belonging to Captain Henry Boyle, with all the Improvements and Furniture, to the value of some Thousands of Pounds, were destroyed and plundered by his Soldiers, assisted with the Rabble, and he with the Earl were glad to provide for their safety by leaving all and flying into England. In Connaught some Protestants got into Headford Castle, belonging to Sir Oliver St. George, to avoid the violence of the Rabble: They were besieged by the Lord Gallway, and surrendred on Articles of Pardon and Safety. But at the next Assizes a Bill was prepared against them, and presented the Grand Jury at Gallway: the Jury, tho Papists, considered, as they said, that it might be their own Case another day, and some stickled so earnestly against the Bill, that there were not enough to find it. However no body knew whether every Jury would be of that humour; and no care was taken to discountenance such Proceedings. Sir Thomas Southwell, with some Gentlemen of Munster, were unwilling to part with their Horses and Arms, many of them having been robbed and plun∣der'd of their Stocks before, and justly suspecting that as soon as their Arms were gone, neither their Lives, nor the remainder of their Substance could be safe. They got together therefore with their Servants, to the number of near Two hundred, and re∣solved to march to Sligoe to joyn the Lord Kingston, for their common defence, but were met in the way by a small Party of King James his Dragoons, to whom they surrendred themselves on Articles of Safety and Liberty. Notwithstanding which they were robb'd

and made Prisoners; and tho many of them had plentiful E∣states, yet these were seized by King James's Commissioners, and nothing allowed them to preserve their Lives, except the chari∣table Contributions of their fellow Protestants from several parts of the Kingdom: They were brought to Tryal before Judge Martin, who perswaded them to plead guilty, assuring them of the Kings Mercy, who was just then landed. They were over perswaded by him, tho they had not been guilty of any overt Act that could be construed Treason, or proved against them, as their Lawyers informed them. The Judge as soon as he had prevailed with them to confess themselves guilty, past Sentence of Death on them; and with much ado, and a Sum of Money, they procured a Reprieve; which they were forced to renew from time to time. They continued under the Sentence of death in close Im∣prisonment, being removed from Jail to Jail, till the general Deli∣verance by his Majesty's Victory: all which time they were not on∣ly in a starving condition, but likewise had once a Summons sent them, either in jest or earnest, to prepare for Execution by the Earl of Clanrickard; who came to Gallway about the be∣ginning of November 1689. and sent them word that they must prepare for death on the sixth of the same Month; for it was his Majesty's pleasure that they should then be executed: and accordingly the Sheriff appear'd with all necessary Preparation for their Execution on the day appointed. There was indeed no such Order; but his Lordship being a new Convert, thought it allowable to put this Jest on them, as a Testimony of his Zeal against Hereticks: and there was no other reason but this given why he put so many Gentlemen into that terri∣ble fright. But all Protestants who heard it were very ill pleased, that the Lives of so many of them should be thought a proper Subject for a Jest, and no notice taken of those who made it; and considering the Solemnity and Circumstances with which he carried on this Jest, the very Roman Catholicks judged it unseasonable.

4. The Protestants had reason to fear their Lives, when they saw that they were in the Hands of such, as not only broke all Articles and Conditions with them, but likewise violated the Kings Protections granted to poor innocent People that had

no ways offended him. This was the case of many in the County of Down, tho they had Protections granted them, and lived quietly; yet not only their Goods were taken from them, but likewise their Wives and Daughters were ravished by the Soldiers. They were most sensible and impatient of this Injury, and yet proceeded no further than to complain of it to the chief Officers, and to de∣mand redress from them. The Answer they had was, That these Robbers and Ravishers had no Authority from the King for what they did; and therefore they advised the Complain∣ants to fall on them and oppose them if they made any fur∣ther attempts on the Country. The poor People were satisfied with the answer, and resolv'd to do as they were directed; and accordingly fell upon the next Party of Soldiers they found plundering and committing Outrages on the Country People, and they killed some of them. This instead of be∣ing approved, as they were made to believe it would be, was counted a Rebellion: and immediately Major Gen. Bohan was sent among them with a Party, who massacred about Five or six hundred of them in cold Blood for several days together. Many of those who were killed were poor, old, impotent People; many were killed at their Work, and while they were busie about their own Affairs and suspected no such matter. King James was so far from resenting the barbarous usage of these poor People, that he rail'd on this occasion against Protestants in general, representing them as false and perfidious; for, said he, many were killed with my Protestions in their Pockets; not considering the Reflection was on his own Party, against whom his Protection, as appear'd by his own Confession, was no Secu∣rity. And when Men were thus slaughtered with his Appro∣bation, notwithstanding his Protections in their Pockets, it was but reasonable for such as survived to think of some other way of protecting their Lives. If he had design'd in earnest to have secured his Subjects Lives, or to prevent their destruction, he would have made Examples of those who robb'd or kill'd such as had been at the Charges of taking out Four or Five Pro∣tections, and yet were never the safer or securer of their For∣tunes or Lives.

The violation of Protections in the County of Derry and Donnegall was yet more barbarous, and satisfied all Protestants, that they ought not to expect any Security of their Lives, whilst under the power of such Men. The noise of the Siege of Derry has fill'd the World, and such an Account is given of it as su∣persedes my insisting on it. The City is neither well scituated, nor well fortified; it has no More about it, nor Counterscarp, and the Bastions are so small, that they are not capable of so many men as are requisite to defend the Curtains against a vi∣gorous Attack, and so ill placed that their Guns do hardly clear it. Yet the whole strength of King James's Army, assisted with his French Engineers, could never come so near it as to dismount one Cannon on the Walls, or make a Breach in them: this proceeded from the Cowardize of the Besiegers; who, accord∣ing to the nature of Cowards, stuck at no Cruelty to gain their purpose. They considered that the besieged had many Rela∣tions in the neighbouring Country, and that they had a general kindness for all the Inhabitants thereabout, being, if not their Re∣lations and Acquaintance, at least their Countrymen, and Prote∣stants. The Besiegers therefore hop'd to take advantage of this ten∣derness and good Nature of the besieged to reduce the Town; and in order to it made use of this Stratagem, which I think was of their own Invention; for I do not remember to have met any thing like it in History; nor do I believe it was ever practis'd by any Nation, unless the French have used it in their late Wars. Thus it was; General Rosen issued out Orders to bring together all the Protestants, Men, Women and Children, protected, and not protected, and to set th•••• before the Walls, there to receive the shot of the Besieged, whilst the Besiegers made their Approaches under their Covert, and in the mean time to starve and famish them, if their Friends in the Town would not, out of compas∣sion to them, yield up themselves and City into the Hands of these Murtherers. The Dragoons and Soldiers executed this Order with the utmost rigour; they first stript, and then drove the whole Country for Thirty Miles about before them, not sparing Nurses with their sucking Children, Women big with Child, nor old decrepit Creatures; some Women in Labour,

some that were just brought to Bed, were driven amongst the rest; the very Papist Officers that executed the thing, confest that it was the most dismal sight they had ever seen, and that the cries of the poor People seem'd to be still in their Ears: They owned that they gathered above 4000. others say 7000. and that they kept many of them without Meat or Drink for a whole Week; that several hundreds dyed in the Place before they were dismist, and many more on the way as they went home again to their Houses; nor were they better when they came there, for the stragling Soldiers, Raparies and Pilferers that follow'd the Army, had left them neither Meat, Drink, Houshold-Stuff nor Cattel, but had taken away all in their absence; so that the ge∣nerality of them afterwards perish'd for want, and many were knockt on the head by the Soldiers. I need not trouble the Reader with the success of this cruel and foolish Stratagem; it was the same which any thinking Man would have expected; it confirm'd the besieg'd in their Resolutions, never to yield to such bar∣barous People, and it made them set up Gallows, and threaten to hang all the Prisoners they had in their hands, if their Friends were not immediately dismist; with which the Besiegers being startled (and finding that it did not answer their design to keep them still under the Walls) did at last comply, after they had kept them there three days without Meat; this was the security Men had of their Lives by King James's Protecti∣ons; the news of this Order came to Dublin before it was executed, and the Bishop of Meath went immediately to King James to see if he could prevail with him to prevent such a barbarous proceeding: His Majesty very calmly told the Bishop, That he had heard of it before, and that he had sent Orders to stop it; that General Rosen was a Forreigner, and us'd to such Proceedings as were strange to us, though common in other places; and that if he had been his own Subject he would have call'd him to account for it: Yet he continued him still in his Employ∣ment. 'Twas he burnt the Country about Derry, when he was forced to raise the Siege, and l••••t, after the French Custom, the Gentlemens Houses and Villages, that lay in his way towards Dublin, in Ashes. It was commonly said, that he and Mámmo,

who was kill'd before Derry, were the Persons employ'd to Dragoon the Protestants of Languedock, and that committed so many Barbarities on those poor People: If so, it is not strange that they should commit the like on the Protestants of Ireland: but it is strange that King James should employ such Men, and not at all punish such monstrous violation of Faith, as well as of Humanity, and yet expect that we should depend on him for our Protection.

His Protections were in every Place alike insignificant; many Protestants lost the value of Three, many of Four, and some of 10^m. Pounds Sterling, notwithstanding their repeated Pro∣tections, and their approv'd and peaceable demeaning them∣selves; of which Captain Barton, in the County of Monaghan, was a signal Example; he had a Protection for his House, at Carrick Mac Ross, and Arms, and had left his Servants in his House, to preserve it and his Goods, he himself staying in Dublin, as a Hostage to the Government, that they might not suspect him to have any design to withdraw to the North, or join with such Protestants as were in Arms there; yet in his absence, a Party of Colonel Mac Mahon's Regiment, about February 1688. came and demanded the House; the Servants shew'd their Pro∣tection, and told him who commanded the Soldiers, that they had Orders from the Government to keep the House; the Com∣mander assur'd them that he would not disturb them, and that he only design'd to lodge some of his Men in it, to secure it more effectually for the King and the Owner; upon which promise the Servants let him and his Soldiers into the House; they no sooner had obtain'd entrance, but they fell a plundring, de∣stroying and defacing; and in a few hours, by ruining his Im∣provements, and robbing his Goods, Stock and Furniture, they damnified him to near the value of 10^m. Pounds: He com∣plain'd of this false and injurious dealing to the Government, but could never obtain any redress, or procure the Actors of it to be brought to any Account or Punishment; instead of obtaining any thing of that nature, they added new Injuries to their former, and at last burnt his House to the Ground.

And here it will not be amiss, by the way, to give some further Instances of their violation of Articles, as well as of

Protections. About Thirty Soldiers, January 1688. deserted from Dublin, and endeavour'd to make their escape to Inniskilling: they were pursued by one Captain Nugent with a Party of Horse, and overtaken near Navan, within Twenty Miles of Dublin; they put themselves in a posture to fight, and were ready to fire at him; but he by fair Promises and good Words▪ perswaded them to Capitulate, and at last upon Articles to yield: He Covenanted with them that they should be safe and free, and should suffer no other injury but the loss of their Arms; not∣withstanding which, as soon as they gave up their Arms, he stript and pinion'd them, and with much interest they escaped▪ present death; this Mercy was due to the circumstances of the time, which obliged the Government to reserve them in Jail till a more proper season, though in a condition more grievous than if they had been hang'd immediately.

The Fort of Culmore near Derry yielded on Articles to King James, by which the Gentlemen that surrendred it were to be indemnified, and liberty allow'd them either to live secure and quietly in the Kingdom, or else go to any other place where they thought fit; but notwithstanding these Articles, they were were disarm'd and stript, and several of them seiz'd and put into Prison, nay attainted in their pretended Act of Parliament.

The Garrison of Londonderry, after the Forces which came under Colonel Cuningham and Colonel Richards to succour it, had resolved to return for England, sent one Captain White to King James, to receive Proposals from him, it being the Opini∣on of many of those that remain'd in the Town that they must surrender it; the Conditions were not difficult to concert; in the mean time it was agreed, as a Preliminary Article; that the Army should not march within Four Miles of the Town; but before the Terms could be adjusted, or any answer be re∣turn'd from the City, the King himself marched his Army to∣wards it, and was in view almost as soon as the Commissioners that came with the Proposals: This being against his Engage∣ment, and an absolute breach of the Preliminary Article al∣ready agreed on, put a stop to the Treaty, and contributed to the Resolution of the Besieged; who durst never trust any Articles after this, but rather than depend on the

Faith of King James or his Party, chose to suffer the utmost Extremity.

The Breach of Articles by my Lord Galmoy to Mr. Dixey a Young Gentleman, (Son to the Dean of Kilmore) and Mr. Charlton was yet more barbarous; the Lord Galmoy went down in March 168▪ to the County of Cavan and surpriz'd these two Gentlemen; he had a Party of the Army with him, and took up his Quarters at Belturbet. His two Prisoners were to be ex∣changed for one Captain Mac Gwire, then Prisoner at Crum, a small Castle, and the only place that stood out against King James in that County; the owner of the Castle was one Cap∣tain Creighton, who permitted Captain Mac Gwire to go to Belturbet on his parol to be a true Prisoner; Mac Gwire so negotiated the matter, that he return'd with a Summons and proposals as well for Inniskilling as the Castle of Crum; and he suppos'd them not averse to a Surrender on good terms; but the Lord Galmoy immagined that these Proposals would make the People of Crum secure, and therefore that very Night, without waiting for any answer, he march'd to the Castle be∣fore they were aware, and had almost surpriz'd them; but the resolution of those within prevented the success of his perfi∣dious design, and forc'd him back without being able to do any other mischeif than the venting his Anger on his two Prisoners, whom after his return to Belturbet, he, contrary to his Faith and Engagement, hang'd on a Sign-Post, and suffer'd their Bo∣dies to lie unburied, and be barbarously abused. This was Captain Mac Gwires own account of the matter; the conse∣quence of which falshood was, that those People would never hear of any terms afterwards; and upon trial found much more safety in their Arms, than in the Promises of King James, or of any of his Party; having baffled and cut off several conside∣rable Bodies of his Forces sent against them, and taken many and considerable prisoners, whom yet they used with all Hu∣manity, as it were to reproach the barbarous and perfidious usage which their Prisoners met with; but it was avowed and profest by the generality of King James's Men, that they did not look on themselves to be obliged to treat the Rebels of the North, as they call'd them▪ as fair Enemies, but as Traitors

and infamous Persons, whom they might destroy at any rate.

In the County of Longford some Protestants got into the Castle of Kenaught, belonging to Sir Thomas Newcomen; his Lady, and those with her, surrendred it on Articles January 13. 1689, to Brigadier Nugent, (slain afterwards by the Inniskil∣lin Men at Cavan) one of the Articles was for the Goods be∣longing to those in the House, and their Friends; notwith∣standing which, Nugent seiz'd and took away several parcels of Goods; and several that were in the House, as soon as they came out, were plundered and stript naked. Another Article was, that the House of Kenaught should not be Burnt nor Injured, notwithstanding which it was burnt to the Ground by Colonel Cohannaught Mac Gwire. In short it was observ'd that amongst all the Articles into which King James, or his Officers entred, they never kept any to Protestants.

5 A fifth Invasion on our Lives was, that both King James and his inferiour Officers, took on them to dispose of them by private Orders and Proclamations, the penalty of violating which was often present Death: thus the Proclamation that required us to bring in our Arms, was on the Penalty of being left to the discretion of the Soldiers; which was to expose our Lives and Fortunes to the Mercy of our greatest Enemies. By a Proclamation dated July 20th 1689, all Protestants are requi∣red to bring in their Swords and other Arms, on penalty of being dealt with as Rebels and Traitors. The Proclamation dated June 15. 1690, forbad any to change a Guiney &c. for more than 36 s. in Brass, under pain of death; and Colonel Lutterel published a Declaration, forbidding more than five Protestants to assemble together, or to be out of their Lodgings after Ten of the Clock at Night, on the same Penalty; the Declaration was of his own Penning, and to grati∣fie the Curious, I have put it in the Appendix; the order to the Ministers to number the Protestants, was likewise Penned by him; and in it he declared that every one who did not enter in their Names by a certain Day, should be treated as a Spy or Enemy; nay sometimes he took on him to make Death the penalty of his verbal orders, without a De∣claration

published: Thus he commanded the Fellows and Scho∣lars of the Colledge of Dublin, upon pain of Death, not to meet together, or converse above Two or Three at a time; and he would needs hang Mr. Piercy the Merchant, as I shewed be∣fore, without any notice given, for saying that he was unwil∣ling to part with his Goods.

In April 1690. The Quarter-Sessions for the County of Dub∣lin were held at Kilmainham, near Dublin; Colonel Lutterel Governour of Dublin, was on the Bench, and in a Speech de∣clared that King James wanted Wheat and other Grain for his Horses, and that he had given the Countrey Farmers Three Weeks to bring in their Corn, and had waited for their com∣plyance during that time; that he resolv'd to wait further til the Saturday after, and if they did not bring it in by that time he would compel them; that it was the King's will they should do it, and he the King's Servant, who would see his Masters Commands Executed; and with a grear Oath swore, he would hang that Man before his own Door that did not obey and bring in his Corn according to order. Of this Speech the whole Bench and Country were Witnesses.

May the 7. 1690. the Lord Mayor thought fit to reinforce a former Proclamation about the rate of Goods in the Market, but Colonel Lutterell did not think the Mayors Order sufficient, and therefore published an Order of his own by beat of Drum, de∣claring that whoever transgrest the Lord Mayors Order either by buying or selling, should be hanged before their own doors.

About the same time Brigadier Sarsfield Published an Order requiring all Protestants on the borders, to leave their Houses, and retire Ten Miles from the Frontiers on pain of Death.

These were the Laws King James's Council and Ministers prescribed us by their Proclamations and Orders; and these were the Acts of his Generals and Governours, whom he made Guardians of the Lives and Fortunes of Protestants, and yet they all came short of the inhumanity of his Par∣liament.

6. It has been usual in Parliaments to attaint notorious Re∣bels and Traitors, who were too strong for the Law, or who being kill'd in their Rebellion, could not be tryed or condemned

by the ordinary course of it; and when one or two in a King's Reign were thus attainted upon the most evident Proof, and notoriety of the Fact, it was counted a great matter; even in the late Irish Rebellion, none were attainted but by the legal course of Juries. But King James and his Parliament intended to do the work of Protestants speedily and effectually, and not to wait the slow methods of proceeding at the Common Law: They resolv'd therefore on a Bill of Attainder; and in order to it, every Member of the House of Commons return'd the Names of such Protestant Gentlemen as liv'd near him, or in the County or Burrough for which he serv'd; and if he was a stranger to it, he sent into the County or Place for information; they were in great haste, and many escaped them; on the other hand, some that were actually in King James's Service, and fighting for him at Derry, (of which Cornet Edmund Keating, Nephew to my Lord Chief Justice Keating, was one,) were return'd as absent, and attainted in the Act. When they had made a Collection of Names, they cast them into several Forms, and attainted them under several Qualifications, and accordingly allow'd them time to come in, and put themselves on Tryal; the Qualifica∣tions and Numbers were as follow.

1. Persons Attainted of Rebellion, who had time given them till till the Tenth of August to surrender themselves and be tryed, provided they were in the Kingdom and amenable to the Law at the time of making the Act, otherwise were abso∣lutely Attainted.

• One Archbishop.
• One Duke.
• Fourteen Earls.
• Seventeen Viscounts, and one Viscountess.
• Two Bishops.
• Twelve Barons.
• Twenty six Baronets.
• Twenty two Knights.
• Fifty six Clergymen.
• Eleven hundred fifty three Esquires, Gentlemen, &c.

2. Persons who were absentees before the Fifth of Novem. 1688▪ not returning according to the Proclamation of the

Twenty fifth of March, attainted if they do not appear by the First of September, 1689.

• One Lord.
• Seven Knights.
• Eight Clergymen.
• Sixty five Esquires, Gentlemen, &c.

3. Persons who were Absentees before the Fifth of November 1688. not returning according to the Proclamation of the Twenty fifth of March, attainted if they do not appear by the First day of October 1689.

• One Archbishop.
• One Earl.
• One Viscount.
• Five Bishops.
• Seven Baronets.
• Eight Knights.
• Nineteen Clergymen.
• Four hunder'd thirteen Esquires, Gentlemen, &c.

4. Persons usually resident in England, who are to signifie their Loyalty, in case the King goes there the First of October 1689. and on His Majesties Certificate to the Chief Governour here, they to be discharged, otherwise to stand attainted.

• One Earl.
• Fifteen Viscounts and Lords.
• Fourteen Knights.
• Four hunder'd ninety two Esquires, Gentlemen, &c.

5. Absentees by reason of sickness and noneage, on proving their Loyalty before the last day of the first Term after their return, to be acquitted and restor'd; in the mean time their Estates Real and Personal are vested in His Majesty.

• One Earl.
• Seven Countesses.
• One Viscountess.
• Thirteen Ladies.
• One Baronet.
• Fifty nine Gentlemen and Gentlewomen.

6. They vest all Lands, &c. belonging to Minors, Ladies, Gentlewomen, in the King till they return; and then upon

Proof of their Loyalty and Faithfulness to King James, they are allow'd to sue for their Estates before the Commissioners for exe∣cuting the Acts of Repeal and Attainder, if sitting, or in the High Court of Chancery, or Court of Exchequer; and upon a Decree obtain'd for them there, the Sheriffs are to put them in possession of so much, as by the Decree of one of those Courts shall be adjudged them. The Clauses in the Act are so many and so considerable that it never having been printed in∣tire, I thought it convenient to put it into the Ap∣pendix. Perhaps it was never equall'd in any Na∣tion since the time of the Proscription in Rome; and not then neither, for here is more than half as many Con∣demned in the small Kingdom of Ireland, as was at that time proscribed in the greatest part of the then known World; yet that was esteemed an unparallel'd Cruelty. When Sir Richard Nagle, Speaker of the House of Commons, presented the Bill to King James for his Royal Assent, he told him that many were attainted in that Act by the House of Commons, upon such Evidence as fully satisfied the House; the rest of them were attainted, he said, upon common Fame. A Speech so ve∣ry brutish, that I can hardly perswade my self that I shall gain credit to the Relation; but it is certainly true, the Houses of Lords and Commons, of their pretended Parliament, are Witnesses of it; and let the World judge what security Pro∣testants could have of their Lives, when so considerable a Lawyer as Sir Richard Nagle declares in so solemn an occasion, and King James with his Parliament approves, that common Fame is a sufficient Evidence to deprive, without hearing, so many of the Gentry, Nobility and Clergy, of their Lives and Fortunes, without possibility of pardon; and not not only cut off them, but their Children and Posterity likewise. By a particular Clause from advantages, of which the former Laws of the Kingdom would not have deprived them, though their Fathers had been found guilty of the worst of Treasons in particular Tryals.

7. I shall only add a few Observations on this Act, and leave the Reader to make others, as he shall find occasion.

1. Then this Act leaves no room for the King to pardon

after the last day of November 1689. if the Pardon be not En∣roll'd before that time, the Act declares it absolutely void and null.

2. The Act was conceal'd, and no Protestant for any Money permitted to see it, much less take a Copy of it, till the time limited for Pardons was past at least Four Months: So that the State of the Persons here attainted is desperate and irrecoverable, except an Irish Popish Parliament will relieve them; for King James took care to put it out of the power of any English Par∣liament (as well as out of his own Power) to help them, by consenting to another Act of this pretended Parliament, In∣tituled, An Act declaring that the Parliaments of England can∣not bind Ireland, and against Writs of Errors and Repeals out of Ireland into England.

3. It is observable, with what hast and confusion this Act was drawn up and past; perhaps no man ever heard of such a crude imperfect thing, so ill digested and compos'd▪ past on the World for a Law. We find the same Person brought in under different Qualifications; in one Place he is expresly al∣low'd till the First of October to come and submit to Tryal••; and yet in another Place he is attainted if he do not come in by the First of September; many are attainted by wrong Names; many have their Christian Names left out; and many whose Names and Sirnames are both put in, are not distinguish∣ed by any Character, whereby they may be known from others of the same Names.

4. Many considerable Persons are left out, which certainly had been put in, if they could have gotten their Names; which is a further proof of their hast and confusion in passing the Bill. It is observable, the Provost, Fellow••, and Scholars of the Colledge by Dublin, are all omitted; the Reason was this, Mr. Coghlan served as one of the Burgesses for the Col∣ledge; the House of Commons requir'd him to come into the House (for he had withdrawn himself from it, as we observed before, at the passing this Act) and to give in the Names of the absent Members of the Colledge, that they might be put into the Bill: he demurr'd at first, but was over-rul'd; then up∣on Consultation with Doctor Acton, the Vice Provost, he mo∣ved the House to send for the Colledge Buttler, alledging that

he had the Buttery Book, wherein the Names of the Col∣legians were in order, and without this he could not get them: the House hereupon ordered a Serjeant at Arms to be sent for the Butler, but he on Mr. Coghlans intimati∣on absconded for some days. The House was in haste to pass the Bill, and by this means the Collegians escaped an Attainder.

5. It was observable that any Application made in be∣half of Absentees by their Friends who staid, or were in the House, constantly made their Condition worse: The Application of Mr. Henry Temple, in behalf of his Brother Sir John Temple, removed him upwards into the first Rank of Attainted Persons; the like Petition had the same ef∣fect as as to Mr. Richard Warburton, and so upon several others. The Papists did this to rid themselves of trouble and importunity, and to let the Protestants know that all their endeavours for themselves and Friends should do them no Service, and that their ruin was absolutely resol∣ved on.

6. That their allowing Persons a certain time to come in and submit to Tryal to prove their Innocency, was a meer nothing: for they very well knew, that it was impossible any body should certainly know, what time was given each man to come in; and it had been a foolish venture for such as were absent, to come into a Place where, for ought they knew, they were already condemned, and should be immediately hang'd without a Tryal. 2. No body knew what they could call Innocency; perhaps writing to, or pe∣titioning any one that had King William's Commission, nay, conversing with such, might be reckoned corresponding with Rebels, and sufficient Evidence of their Guilt; and indeed Judge Nugent had in a manner determin'd this Case: for he interpreted one Mr. Desminiers answering a Bill of Exchange for Sir Thomas Southwell, who was Prisoner at Galloway, a cor∣responding with Rebels, and committed him to Jail for it: he likewise put one Mr. Ginnery in Jail for High Treason, because being Agent for the Prisoners at Galloway, to procure them a Reprieve and other Affairs, he received Letters from them,

though Mr. Ginnery's Father and Brother were amongst them. 3. When this pretended Parliament past this Act, they were very well aware that the Embargo here was so exceedingly strict, that from the time of passing the Act, till the First of Octo∣ber, nay of November following, which was the longest time allowed any one to come in, not one Ship or Boat was suffe∣red to pass from hence into England; so that it was absolute∣ly impossible the Persons concern'd in this Law, should have had any knowledge of it before they were Condemned by it, to the loss of Life and Estate, beyond the power of the King to Pardon them. 4. King James and his Parliament knew perfectly well, that the Embargo was so strict on the other side, that if the Gentlemen could have had Information, yet it was im∣possible for them to have gotten out of England, to tender themselves to Justice, within the time wherein the Act required they should do it, on no less Penalty than the irrecoverable Forfei∣ture of Life and Estate: which is a plain demonstration that the allowing time for the Attainted Persons to come in, and prove their Innocency, was a meer colour and had nothing of sincerity in it, since they themselves that made the Law were fully informed and satisfied that this was an impossible condi∣tion. 5. Suppose it had been possible, yet it had been a very un∣wise part for such Protestants as were safe in England, to have left it, and to have come into Ireland, a ruinous Kingdom, the actual seat of a War, where all the goods and moveables they had left behind them, were Imbezell'd by Robbers, or by those that had seiz'd them for King James; and their real Estates given away to such as were Descendents of their Fathers Mur∣therers, or at least had been in that Rebellion; where they must abide a Tryal before Judges and Juryes of profest Enemies; whether their Lives should be their own; and after all, if ac∣quitted, could have no other prospect of supporting them∣selves, but Begging amongst a People that had reduced them to this condition. These considerations were of such weight with all People, that they who were absent, were so far from thinking of a return, that on the contrary, Men of the best Estates, who had stayed here, wished themselves away, and many were content to leave all, and venture their Lives in

little Boats to the Mercy of the Seas, in the depth of Winter; reckoning any thing safer and easier, than to stay under a Go∣vernment, which had effectually destroyed all the Measures of right and wrong, and Condemned so many Gentlemen to the loss of all, without allowing them either the favour of being Tryed, or so much as Heard.

4. I know it will be objected that very few Protestants lost their Lives in Ireland under King James, notwithstanding all the severe Proclamations and Laws, and the apprehensions un∣der which they lay of danger. But to this I answer; First, that when a full enquiry comes to be made concerning those that were Kill'd by the Soldiers, Murthered in their Houses, Executed by Martial Law, Starv'd and Famish'd in Jails, and that Perished by other Violences, the number will not be so small as is imagined. 2. It is to be considered that the Irish Papists lay under the strictest obligations not to begin Acts of Cruelty; for the Murthers they had committed in the last Re∣bellion, were chiefly objected against them; they were sensi∣ble they had gained nothing by them, and that the Cruelty exercised in them, was the thing that especially rendred them Odious, and lost them their Estates; and therefore they thought it the best way not to be too forward in the like pra∣ctises, till they were sure not to be call'd to an after-reckon∣ing. They further considered that many of their own Friends were Prisoners in the North, and that if they began with Ex∣amples of Cruelty on the Protestants who were in their Po∣wer, their Friends must expect the like from the Enemy in whose Hands they were. 'Twas this made them dismiss the Poor People they had resolv'd to starve before Derry. And they were made believe that not only the Prisoners would Suffer, but that the Cruelties they exercised on the Prote∣stants, would be Revenged on all the Roman Catholicks in Eng∣land. This was given out by some who understood King James's true interest, and that he depended on some Prote∣stants in England for succour and assistance, rather more than on the Roman Catholicks; now they knew very well that Murther is so hateful a thing, that if they once fell a Massa∣cring, it would shock many of their Friends in England and

Scotland, from whom they expected great matters; and there∣fore they thought it their interest to be as tender of Lives as they could; and even the Priests, when they encouraged them to Rob their Protestant Neighbours, charg'd them not to kill them, assuring them that every thing else would be forgiven them. 3. The Protestants were extreamly cau∣tious not to give the least offence; they walked so warily and prudently, that it was hardly possible to find any occasion a∣gainst them; and they were so true to one another, and con∣versed so little with any of King James's Party, that it was as difficult to fix any thing on them, or to get any Information against them, though several designs were laid against them, and several false Witnesses produc'd, as has been shewn; yet their Stories still destroyed themselves by their Improbabilities, incon∣sistency, and the notorious infamy of the Witnesses. 4. We had no experiment of what would have been done with the attainted Absentees; for none of them run the hazard of a Tryal, but we are sure no good could have been done them, for they could neither have been pardoned for Estate nor Life; and the best they could have expected, was to have been sent to some other Kingdom, as Sir Thomas Southwell was sent to Scotland, for there could have been no living for them in Ireland. 5. When any Protestant found himself obnoxious to the Government, or but fancyed they had any thing to object against him, he got out of the Kingdom, or made his escape to the North as well as he could, and in the mean time ab∣sconded; many escaped hanging by these means, which other∣wise in all probability had been executed.

Lastly, It was so much the Interest of King James in his Circumstances, to have been kind to the Protestan••s of Ire∣land, that we might rather have expected to have been courted than ill used by him; the whole support and maintenance of his Army in Ireland depended on them; they clothed, fed, armed, and quartered them, (which they could not avoid do∣ing with any safety to themselves, or indeed possibility of li∣ving,) and the Officers of the Army were so sensible of this, that when it was propos'd to turn all the Protestants out of the City of Dublin, one of them answered, that whenever they

were turned out, the Army must go with them; for they could not be furnished with what they wanted, by others. And as it was King James's Interest to use them well upon the account of their being necessary to him in Ireland, so his Af∣fairs in England and Scotland did more particularly require it; and he was forced to employ his Emissaries there to give it out that he did so. Sir Daniel Mac Daniel, who came out of the Isles of Scotland to Dublin in Winter 1689. and several Gentle∣men of the Highlands with him, declared that their Ministers in the Pulpit had assured them, that the Protestants in Ire∣land lived under King James in the greatest freedom, quiet, and security, both as to their Properties and Religion; and that if their Countrymen knew the truth of the matter, as they then found it here, they would never fight one stroak for him: and they seemed to stand amazed at what they saw, and could hardly believe their own Eyes. It is certain that King James had the like Instruments in England, as I have noted before, who forced down the World in Coffee-Houses and publick places, that the Protestants in Ireland lived easie and happy under his Govern∣ment; however this shews how much it was really his In∣terest to have given his Protestant Subjects here no just cause of complaint; and that it must proceed from a strange eagerness to destroy them, that King James and his Party ventured in their Circumstances to go so far in it as they did: their own imminent danger disswaded them from severity, and their In∣terest manifestly obliged them to mildness: and if notwith∣standing these, they condemned near Three thousand of the most Eminent Gentlemen, Citizens, Clergymen, and Nobility of the Kingdom to death, and loss of Estates; we may ea∣sily guess what they would have done when their fear and interest were removed, and they left to the swing of their own natural Inclinations, and the tendency of their Prin∣ciples. Whosoever considers all Circumstances, will conclude, that no less was designed by them, than the execution of the third Chapter of the Lateran Council, the utter extirpation of the Hereticks of these Kingdoms.

Notes

• See the Arti∣cles in the Ap∣pendix. n. 1••.
• See Appen∣dix, n. 28.
• See Dr. Wal∣kers Siege of Derry.
• See Appendix N. 31.
• See Appen∣dix.