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23. IN our twelfth Proposition, wee praid that the assumed power in the Councell-boord of determining all manner of cau∣ses, should be limitted to matters of state, and that all Patents es∣tates and grants illegally and extraindicially avoyded there or else∣where should be left in state as before, and the parties grieved, their heires or assignes, till legall Eviction. This we urged, as agreable
to law and iustice, to the GREAT CHARTER and seve∣rall acts of Parliament. So much redresse is given us by this twelfth article of peace, as that great and weightie matter of Plantation, which is knowne to be a matter determinable by law, and not by the arbitrary power of the Councell-boord, is by this article made a matter of state, and determinable by the said Boord. Among which matters of state and weight the Pa∣tents of Plantation (saith this Article) and OFFICES, where∣upon those grants are founded, are to be handled, as matters of state, and to be heard and determined by the Chiefe Governour and Coun∣cell. But titles betweene partie and partie, growne after these patents granted, are to be left to the ordinarie Course of law. Our Commit∣tees by condescending to this article have gone beyond their Commission expressed in our first Remonstrance anno 1642. wherein the kingdome desired, that all plantations made since 1610. might be avoided by Parliament, &c. and their possessions re∣stored to them and their heires, from whom the same was taken. In∣steed of avoiding such plantations, our Committees have given way, not onely that they should remaine, but also (by consen∣ting to this article) have given that power unto the Coun∣cell-Table, which by law they never had, nor could have. Its an injustice insupportable, in a matter so generall, and of such high Concernement, as is the Subjects ancient possession and inheritance, to deprive him of his birth-right, that is to say, of the Common-law; So as if offices taken upon, and Patents given of, his lands appeare to be defective, forged, erroneous, or surreptitious, hee is denyed all manner of redresse either by travers, reversement, or otherwise in any Court of Iudicature in the kingdome: at the Councell-boord, lesse redresse may be expected, as well because most of the Councell are both Iudges and parties, as having much plantation land in their possession; as also because they have resolved to make it a matter of State, therfore (be it right or be it wrong) they shall never be righted. How farre this may agree with Magna Charta, (which our So∣veraignes have vowed to maintaine, I leave to the discussion of our learned Lawyers. No error or advantage shall serve to keepe the Irish subject in his possession: the least error or ad∣vantage shall serve to cast him out of possession. See Mr. Dar∣cyes
learned Queres, and his irrefragable reply to the Iudges answer: Constituerunt habitatores, filios alienigenas in omnibus fi∣nibus eorum, & sorte distribuerunt terram eorum.
24. The foureteenth article no way satisfieth our foure∣teenth proposition, wherein we prayed that no chiefe governor should be continued here longer than three yeares, and that they should be inhibited from purchasing land here. The exorbitan∣cie of Strafford & Ratcliffe in this particular (to speake nothing of others) was such, as if they lived here, but few yeares lon∣ger, they had ingrossed into their owne hands (per fas, vel ne∣fas) all the land in the kingdome. Adde that such continuance of governours longer than three yeares, doth give impediment to the prosecution of them for treasons, and other capitall crimes in case the subject should have just occasions to accuse them. The golden world did so dazle the eyes of some, as they were well pleased to connive at this great grievance, and (to advance their Mecenas) they concurred to the suppression of two great Catholique Noble Peeres, Antrym and Glamorgan, whom both King & Countrey did intrust with the chiefe go∣vernment of the kingdome. Nonnè meliorest racemus Ephraim, vindemijs Abiazer? ought not one Catholique Vice-Roy be more acceptable to this Nation, than a hundred Heretiques successively?
Plantation matters not to be handled at the Councell∣boord.
Pag. 33.77. &c.
1. Machab. 3.36.
Iudit. 8.5.