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.

No. 22. An Address to King James in Behalf of the Purchasers under the Act of Settlement by Judge Keating.

THis humble Representation made unto your Sacred Majesty is in the Behalf of many Thousands of your Majesties du∣tiful and obedient Subjects of all Degrees, Sexes, and Ages. The Design and Intention of it, is to prevent the Ruine and Deso∣lation, which a Bill now under Consideration, in order to be made a Law, will bring upon them and their Families, in case your Majesty doth not interpose; and by your Moderation and Justice protect them so far as the known Laws of the Kingdom, and Equity and good Conscience will warrant and require.

It is in the Behalf of Purchasers, who for great and va∣luable Considerations, have acquired Lands and Tenements in this Kingdon; by laying out not only their Portions and Provisions made for them by their Parents, but also the whole Product of all their own Industry, and the Labour of their Youth; together with what could be saved by a frugal Ma∣nagement, in order to make some certain Provision for Old Age and their Families, in Purchasing Lands and Tenements under the Security of divers Acts of Parliament Publick Decla∣rations from the late King: And all these accompanied with a Possession of Twenty five Years.

Divine Providence hath appointed us our Dwelling in an Island; and consequently, we must Trade or live in Penury, and at the mercy of our Neighbours. This necessitates a Transmu∣tation of Possessions, by Purchase from one hand to another, of Mortgaging and Pledging Lands for great and Considerable Sums of Money, by charging them with Judgments; and in∣deed,

gives Name to one of the greatest Securities made use of in this Kingdom, Statutes Merchant, and of the Staple; and very many, especially Widows and Orphans, have their whose Estates and Portions secured by Mortgages, Bond of the Staple and Judgments.

Where or when shall a Man Purchase in this Kingdom; Un∣der what Title or on what Security shall he lay out his Money, or secure the Portions he designs for his Children: If he may not do it under divers Acts of Parliament, the solemn and reite∣rated Declarations of his Prince, and a quiet and uncontrovert∣ed Possession of Twenty Years together, And this is the Case of thousands of Families who are Purchasers under the Acts of Settlement and Explanation.

It were a hard task to justifie those Acts in every Particular contained in them; I will not undertake it; but if it be consi∣der'd, that from 23. October 1641. until 29. May 1660. the time of his Majesties Restauration, the Kingdom was upon the matter in one continued Storm; That the alterations of Pos∣sessions was so universal, and Properties so blended and mixt by Allotments and Dispositions made by the then Usurping Powers: It may be well concluded, that they must be some∣what more then Men, that could or can frame a Law to take in every particular Case, though it should have swoln to many Volumes, and Laws, which are to be of such universal Con∣sequence as this was, are to have a Regard to the Generality of a Kingdom or People, though possibly some particular Person may have some hardship in his private Concern.

But if we may judge by general Laws; by the produce and effect of them, and at the same time have a Prospect to the Estate and Condition of this Kingdom from 1640. and as far backwards as you please, until the time of his late Majesties happy Restauration; and at the same time take into Conside∣ration what the Kingdom became in few years after the Com∣mission for the Execution of those Acts were at an end; the Buildings, and other Improvements; the Trade and Com∣merce; the vast Heads of Cattel and Flocks of Sheep, equal to those of England; together with great Sums of money brought over by our Fellow-Subjects of England, who came to Pur∣chase and Plant in this Kingdom: The Manufactures set on

foot in divers parts; whereby the meanest Inhabitants were at once inriched and civilized, it would hardly be believed it were the same Spot of Earth: Nay, Over-flown and Moorish Grounds were reduced to the bettering of the Soyl and Air. The Purchasers who brought the Kingdom to this flourishing Condition, fly to your Majesty for Succour, offering not only their Estates and Fortunes, but even their Lives to any Legal Trial within this your Majesties Kingdom, being ready to sub∣mit their Persons and Estates to any established Judicature; where, if it shall be found, that they enjoy any thing without Legal Title, or done any thing that may forfeit what they have Purchased, they will sit down, and most willingly acquiesce in the Judgments: But to have their Purchases made void; their Lands and Improvements taken from them; their Securities and Assurances for Money Lent, declar'd Null and Void by a Law made ex post facto, is what was never practised in any Kingdom or Countrey.

If the Bill now design'd to be made a Law, had been at∣tempted within two, three, four or five years after the Court for the execution of these Acts was ended, the Purchasers would not have laid out their Estates in acquiring of Lands, or in Building or Improving on them: Thousands who had sold small Estates and Free-holds in England, and brought the Price of them to Purchase or Plant here, wou'd have stayed at home: And your Majesties Revenue, with that of the Nobi∣lity and Gentry, had never come to the Height it did; If your Majesty please to consider upon what Grounds and Assurances the Purchasers of Lands and Tenements in this Kingdom pro∣ceed, you will soon conclude, that never any proceeded upon securer Grounds: The Acts of xvij. and xviij. of King Charles your Father of blessed Memory, the First, takes notice, that there was a Rebellion begun in this Kingdom on the 23d. of October 1641: And so doth a Bill once read in the House of Lords; whoever looks into the Royal Martyrs Discourse upon that Occasion, will see with what an abhorrence he laments it: and that he had once thoughts of coming over in Person to suppress it.

Those Acts promise Satisfaction out of Forfeited Lands to such as would advance Money for reducing these disturbers of

the publick Peace, unto their Duty. The Invitation was his late Majesties your Royal Brothers Letters from Breda some few weeks before his Restauration, which hapned the 29th of May 1660: And within six Months after, came forth his Majesties most Gracious Declaration for the Settlement of this Kingdom. This, may it please your Majesty, is the Basis and Foundation of the Settlement, and was some years after Enacted and made a Law by two several Acts of Parliament.

It is true, that the Usurping Powers in the Year 1653. (ha∣ving by the permission of the Almighty, as a just Judgment on us for our Sins, prevailed here) did dispose and set out the Estates of Catholicks unto Adventurers and Soldiers; and in a year or two after, transplanted out Catholick Free-holders for no other Reason, but their being so in Connought, where Lands were set out unto them under divers Qualifications, which they and their Heirs, or those deriving under them as Purcha∣sers enjoy'd, and still do enjoy under the Security of the before mentioned Acts of Parliament and Declaration.

His Majesties gracious Declaration of the 30th. of Novem∣ber 1660. which I call the Foundation of the Settlement, was, before it was concluded on, under the Consideration of that great Prince, and the Lords of his Council of England, where all Persons concerned for the Proprietors, as well old as new, were heard; whoever reads, will find the many Difficulties which he and his Council met with from the different and se∣veral Pretenders; what Consideration was had, and Care ta∣ken, to reconcile the jarring Interests; and to accommodate and settle, as well as was possible, the Mass and Body of Sub∣jects here.

It was some years after, before the Act for the Execution of his Majesties most Gracious Declaration became a Law; It was neer two years upon the Anvil; It was not a Law that past in few days, or sub silentio. It was first, according to the then Course of passing Laws, here framed by the Chief Governour and Coun∣cil of this Kingdom, by the Advice and with the Assistance of all the Judges, and of his Majesties Council Learned in the Law, and then transmitted into England to be further consi∣der'd of by his Majesty and Lords of his Council there, where the Counsel at Law and Agents of all Pretenders to the Pro∣priety

of Lands in this Kingdom were heard, and that Act▪ commonly called the Act of Settlement, approved of and re∣transmitted under the Seal of England to receive the Royal As∣sent, which it did, after having passed both Houses of Par∣liament.

The Innocent Proprietors being restored pursuant to thi•• Act; and some Difficulties appearing as to the further execu∣tion of it; Another Act passed, commonly called the Act of Explanation, which went the same Course, and under the same Scrutiny.

It is confessed, that though they are two Acts, it was by the same Parliament, who were chosen according to the ancient Course of Chusing Parliaments.

But if any miscarriage were in bringing that Parliament to∣gether, or the procuring the aforesaid Acts of Parliament to pass, which we can in no wise admit; and the less, for that your Majesties Revenue was granted and settled by the same Parliament, and many good and wholsom Laws therein En∣acted: Yet it is manifest, that nothing of that kind ought to affect the Plain and honest Purchaser, who for great and va∣luable Considerations, acquired Lands under the Security afore∣said, and expended the remainder of his Means in Building, Improving, and Planting on them, and that for the following Reasons.

First, The Purchaser advising with his Counsel, how to lay out or secure his Money, that it may not lie dead, not only to his, but the publick detriment, tells him that he is offer'd a Purchase of Lands in Fee, or desired by his Neighbours to accommodate him with Money upon the Security of Judgment or Statute Staple; and upon the enquiry into the Title, he finds a good and Secure Estate, as firm in Law, as two Acts of Parliament in force in this Kingdom can make it; and in many Cases, Let∣ters Patents upon a Commission of Grace for remedying of de∣fective Titles, he finds Possession both of many years gone along with this Title several descents past, and possibly that the Lands have been purchased and passed through the hands of divers Purchasers: He resorts to the Records, where he meets with Fines and Common Recoveries, the great Assurance known to the Laws of England: Under which (by the Blessing

of God) we live; and tells him there is no scruple, nor diffi∣culty of Purchasing under this Title; since he hath Security under two Acts of Parliament, Certificates and Letters Patents, Fines and Recoveries; and that no Law of force in this King∣dom can stir, much less shake this Title.

How is it possible to imagine, that the Legislative Power should be made use of to void this Mans Estate, who perhaps was never in this Kingdom, until after these Acts were Enact∣ed and became Laws; it will be the like Case with all Persons▪ who upon the Marriage of their Children, and considerable Marriage Portions paid and receiv'd, have procured Settlements for Jointured Portions, and Remainders for their Children and Grand Children: And all these are to be laid aside, without any Consideration of Law or Equity in the Case of the Purchasers, or any misdemeanor or offence committed by them: Whereby vast Numbers of your Majesties dutiful Subjects the present Proprietors and their Lessees; and in very many Cases, Wi∣dows, Orphans, Merchants and Traders, will be at one stroke outed and removed from the possessions of their Lands and Im∣provements, which in many places are more in value than the Township whereon they are made: This, with submission, without some fraud, decelt, or default of the Purchaser never was, and it is hoped never will be done by a People or Nation professing Christianity: Nor is it for the Honour, Welfare, or Advantage of the King or Kingdom to have it so done; What will strangers and our fellow-subjects of England and Scotland say?—We sold our Estates in England; transported us and our Families into Ireland, to purchase, improve and plant there: We acquired Lands under as secure Titles as Acts of Parliament, (the greatest known Security) could make them. Our Con∣veyances both by Deeds and matters of Record are allowed good, firm, and unquestionable by any Law in force at the time of the Purchase. We have had the possession 10, 12, or 15 years, and are grown old upon them. We have clearly drawn our Effects from England and settled here, not doubting but our Posterity may be so likewise. We have purchased An∣nuities and Rent Charges out of Lands under the same Securi∣ties: And now the Old Proprietors (though many of them had Satisfaction in Connaught) would fain have a new Law to dis∣possess

us of our Estates and Improvements made as aforesaid. It will not be believed, that the chief of those who drew on this Design, should in Parliament and elsewhere, which ought to consist of the gravest, wisest, and wealthiest Free-holders of the Kingdom, (for such the Law presumes them) make a noise with that good and wholsome advice—Caveat emptor in this Case; or can think that Caveat is proper here.

The Purchaser ought to be wary of any Flaw in the Title at the time of the Purchase made, and purchases at his peril, if any such there be; But who is that Purchaser that must beware of a Law to be made 20, 30, or 40 years after his Purchase, or to de∣stroy his Security for Money lent, or Settlement upon Marriage? this is not a desect in the Title, but (under favour) is a President which no humane foresight can prevent, and if once introduced, no Purchaser could ever be safe: the worst of Lotteries affording a securer way of dealing than Ireland would.

Can it be your Majesties Honour or Advantage to have thou∣sands of Families ruined by such a Proceeding as this is? What will become of our Credit, and consequently of our Trade abroad? Where will be the Reputation, and publick Faith and Security of the Kingdom, when Foreign Merchants shall know from their Correspondents here, that they cannot comply with their Engagements to them, their Estates, Houses, and Improve∣ments both in Countrey and City which they had acquired for great and valuable Consideration, and within the Securities of the Laws, are taken from them by a Law made yesterday, in case this Bill should pass: So that in Effect, we are not only con∣triving to break and ruine our own Trades and Merchants at home, but even those in Foreign parts, which will infallibly de∣stroy your Majesties Revenue, and sink that of every Subject.

Surely these Particulars, and the Consequences of them, are worth more then two or three days consideration: which is as much as this Bill could have, since the Parliament was not open'd till the 7th. of this Month:

The very Report of what is designed by this Bill, hath al∣ready from the most improved and improving Spot of Earth in Europe; From stately Herds and Flocks; From plenty of Mo∣ney at 7 or 8 per Cent. whereby Trade and Industry were en∣couraged; and all upon the Security of those Acts of Parlia∣ment;

From great and convenient Buildings newly erected in Cities and other Corporations, to that degree, that even the City of Dublin is ruined. The passing of these Acts, and the securities and quiet promised from them, inlarged double what it was; That the Shipping in divers Ports were 5 or 6 times more than ever was known before, to the vast increase of your Majesties Revenue, reduced to the saddest and most disconso∣late condition of any Kingdom or Countrey in Europe: Infinite numbers of the Inhabitants having transported themselves and Families with what remained unfixed in Purchases and Im∣provements, and was portable of their Estates into other King∣doms, that very many of the Buildings both new and old in this City, and in the very Heart and Trading Part of it, are uninhabited and waste.

It is grievous to see, as you pass through the City, the Houses and Shops shut up; The Herds and Flocks in the Countrey are utterly destroyed; So that of necessity the Tenant must break; throw up his Lease; leave the Key under the Door, and the Lands become waste; and from hence will necessarily follow, that the Farm-houses and Improvements must go to decay, and Beef, Tallow, Hides, Wooll and Butter, (from whence arise the Wealth of the Countrey) will fail us.

What is become of the frequent Declarations made by the Earl of Clarendon, and the Earl (now Duke) of Tyrconnel, of your Majesties fix'd Resolutions, never to lay aside the Acts of Settlement and Explanation? Why did the Judges in their se∣veral Circuits, declare in all places where they sate, unto the Countries there assembled, that your Majesty was resolved to preserve the Acts of Settlement and Explanation, and that they were appointed by the then Chief Governour here, to de∣clare the same unto them; from whence they took confidence to proceed in their Purchases and Improvements; and (with submission be it spoken) if this Bill pass, are deluded. Shall Patents on the Commission of Grace signify nothing? The Great Seal of England tells them they may proceed upon the publick Faith; and here again they become Purchasers, paying considerable Fines to the King, to whom Rents were reserved where none were due before, and many places the Rent in∣creased; as in case of Fairs and Markets granted, together with

the Lands on them, Patents of Liberties of Free Warren, and to enclose and empale for Park; surely some consideration ought to be had of those whose money was paid on this account.

It would be farther considered, That your Majesty before your access to the Crown, had passed several Lands and Tenements in this Kingdom in Certificate and Patent pursuant to these Acts of Settlement; and that you made Leases of them, on which many and great Improvements have been made. It is likewise true that your Majesty sold and exchanged some small proportions of the same Lands, and received in Money Twelve Years Purchase; some of which your Majesty conveyed by Fines and other assurances in Law; and though your Majesty may, if it seem meet unto you, part with all that Estate, yet it is humbly conceived, it ought to be with reservation to the Lessees and those few Purchasers, as it was done by Mary Queen of England, who though zealous in the highest degree to the Religion she professed; and that she resto∣red such part of Lands belonging unto Monasteries as remained in her hands undisposed, did nevertheless permit the Grantees and Purchasers quietly and peaceably to retain such part of them as they were possessed of by Grant or Purchase, and which (for ought appearing) is enjoyed by them, and those deriving under them to this day, though she came to the Crown within few years after Passing the Act for Dissolving Monasteries: For if no considera∣tion be had of them, your Majesty gives away the Term of Years and Improvements from your Lessees, and the Land from him to whom your Majesty sold it, without restoring the Purchase mo∣ny, than which no case can be harder; and without your Roy-Assent neither of these can be done.

For the Objections commonly made against the Acts of Settle∣ment and Explanation, which are usually, that many Innocents were never heard, and that there was not time sufficient for hearing of them; but how this should affect those who purchased after the Acts passed, and Certificates and Letters Patents passed on them is not demonstrable from any Rule of Law or Equity.

The person designing to Purchase, inquires whether the Title of the Land or Tenement to be Sold be good in Law and Equity; and being assured in that he forbears further Inquiry, being as∣sured that never any Purchaser in Possession having Law and E∣quity on his side, was dispossessed by any person▪ whatsoever upon

ground of Equity; and the Purchaser here hath the Law with him by the Acts of Settlement, and the Equity by the payment of his Money.

It is to be wished, that if Widows, Orphans, or any other per∣sons have fallen under hardship by the general settlement of the Kingdom, that some way may be devised to make them reparati∣on; but the way prescribed by this Bill, is to Rob the Innocent Purchasers, Creditors and Orphans of their Estates, to do it con∣trary to the Publick Faith, Laws of the Land, and Precept of Ho∣ly Writ, which forbids doing of Evil, that good may come thereof.

Its manifest by what has been said, that if this Bill proceed as is now contrived, that all the Protestants in the Kingdom are undoubtedly and without reserve ruined; since the Rapparees (that is, the Armed multitude) have taken away all their move∣able Estates; and this Design is to take away all the Lands and Tenements purchased by them.

The thriving Catholicks who were Purchasers (as most of the Province of Connaught are) are likewise to be turned out of their Estates and Possessions, and their own and the improve∣ments of those who hold under them utterly lost.

As to the Politick part which these great Statesmen who drive on this Bill make mention of, that will be worthy of considera∣tion: Its said, that this will unite your Majesties Subjects in this Kingdom, That is too gross to pass: since the first mentioning thereof, hath it not made a division and a breach betwixt them? nay, where there was none before? and doth it not grow daily wider? It was never heard that Accommodation between par∣ties that were all in contest could stand, unless the terms were continued; for if what was given to one of the Parties be taken away, it makes the whole Award void and of none effect; and admitting the Old Proprietor had right, it is not enough except he have it against the Purchaser: And if the Design be what is pretended, to restore this Kingdom to the Peace and Plenty which it flourished in some years since, to unite your Majesties Subjects, whereby they may be enabled according to their Duty and Allegiance, to restore your Majesty to the exercise of your Royal Dignity in all your Kingdoms; this can never be effected, except all pretenders recede in some degree from the full of their pretensions for the accommodation of the whole, and the publick quiet and safety.

Would it not be an unreasonable thing in a Cargo where divers Merchants are concerned and have Goods and Merchandizes in a Storm, to throw out by consent the Goods of any one Merchant, though in the bottom of the Hold and hardest to come by, for the safety of all concerned, without satisfaction given him, by a con∣tribution from those who had the advantage of it; or if it could be done, or had time for it, were it not much more just that the loss should be equally divided amongst them, by throwing out a just proportion from all concerned, than to single out one part of the people, and by their ruine to advance the other; This is not in my judgment the readiest way of uniting them.

Sufferance to make one step more, and Quaere, Whether the Ca∣tholick Purchasers now to be turned out of Possession, will join heartily with those that enter upon them? Farewel Trade and Commerce where Acts of Parliament shall be made to destroy securities that were good when made, Farewell all Improvements in Ireland, where no man shall ever know what Estate he hath, if the foun∣dation of the general settlement should now be overturned.

I cannot foresee what the consequences may be of having it published and made known in your Majesties other Kingdoms and Dominions and elsewhere where the Protestant Religion is professed, that such a Proposal as this (in relation to such of your Protestant Subjects as have made no defection) hath been pre∣pared for your Majesties Consideration in order to be passed into a Law, and this, when they were secure of the Laws of the Land; not so much as Common Equity to question the Title by which they held: That nevertheless use should be made of the Legisla∣tive power to Enact a new Law, after so many assurances given them to the contrary; and after so many years quiet possession to turn them out of their Estates altogether.

It is much to be feared that those who first advised this method of Proceedings, have considered their own particular advantage, and that of their Friends and Relations, without the least thoughts of your Majesties Service; for surely this can never be thought so, nor the way to settle this Kingdom whereby it may be service∣able to your Majesty; nor can it be imagined, but that men thus despoiled, will as often as Parliaments shall be called, make ap∣plication for Redress and Repeal, as in the Case of the Spencers to Repeal a Repeal, and they and their Posterity will be always

solliciting your Majesty and your Successors to give them relief in a Case of so great moment and general concern as this is.

As for the general Reprizal▪ mentioned to be made them out of the Rebels Estate (which must not be conceived to give any colour to this manner of proceeding, and ought to be equal to the Estate which the Proprietors shall be outed of) that will be very uncertain, for it must be known who the Rebels are, and what their Lands amount to, since it may be probably concluded, that there are many of your Subjects now in England no way concern∣ed in the Rebellion, and would have ere this attended your Ma∣jesty here, if they had not been hindred from coming by duress and Imbargo, and many other legal and justifiable excuses, too long for this present Paper; and withal, that where any of them are seised of any new Estates, so much must be restored to the old Proprietors, and what is also subject to their Settlements and other Incumbrances.

After all this, it is in the power of your Majesty to prevent the total ruine of so many of your Subjects as have been Purchasers and Improvers in this Kingdom, by prescribing more moderate ways than depriving them of the whole of what they have le∣gally and industriously acquired; and that Committees of both Houses may hear and enquire whether any medium may be found out betwixt the Extreams for the accommodating as near as may be the Purchaser and the old Proprietor, so that if there because of Complaint, it may not arise from a total disappoint∣ment of either Party: This is a little of what may be said on this occasion, but the hast of those who drew on this Bill will allow no further time at present.

It is proposed that his Majesty will hear Council on this occasion.