CHAPTER I.

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[Illustration: Thomas Davis]

THOMAS DAVIS

Selections from his Prose and Poetry

WITH AN INTRODUCTION

BY T. W. ROLLESTON, M.A.

NEW YORK:

FREDERICK A. STOKES COMPANY

PUBLISHERS

Library of Irish Literature

_General Editors_: ALFRED PERCEVAL GRAVES, M.A.

WILLIAM MAGENNIS, M.A. DOUGLAS HYDE, LL.D.

(Dublin).

1. Thomas Davis. Selections from his Prose and Poetry.

Edited by T. W. ROLLESTON, M.A. (Dublin).

2. Wild Sports of the West. W. H. MAXWELL.

Edited by THE EARL OF DUNRAVEN.

3. Legends of Saints and Sinners from the Irish.

Edited by DOUGLAS HYDE, LL.D. (Dublin).

4. Humours of Irish Life.

Edited by CHARLES L. GRAVES, M.A. (Oxon).

5. Irish Orators and Oratory.

Edited by T. M. KETTLE, National University of Ireland.

6. The Book of Irish Poetry.

Edited by ALFRED PERCEVAL GRAVES, M.A. (Dublin).

Other Volumes in Preparation. Each Crown 8vo. Cloth,

with Frontispiece net $1.00

INTRODUCTION.

In the present edition of Thomas Davis it is designed to offer a

selection of his writings more fully representative than has hitherto

appeared in one volume. The book opens with the best of his historical

studies--his masterly vindication of the much-maligned Irish Parliament

of James II.[1] Next follows a selection of his literary, historical

and political articles from _The Nation_ and other sources, and,

finally, we present a selection from his poems, containing, it is

hoped, everything of high and permanent value which he wrote in that

medium. The "Address to the Historical Society" and the essay on

"Udalism and Feudalism," which were reprinted in the edition of Davis's

Prose Writings published by Walter Scott in 1890, are here omitted--the

former because it seemed possible to fill with more valuable and mature

work the space it would have taken, and the latter because the cause

which it was written to support has in our day been practically won;

Udalism will inevitably be the universal type of land-tenure in

Ireland, and the real problem which we have before us is not how to win

but how to make use of the institution, a matter with which Davis, in

this essay, does not concern himself.

The life of Thomas Davis has been written by his friend and colleague,

Sir Charles Gavan Duffy, and an excellent abridgment of it appears as a

volume in the "New Irish Library." In the latter easily available form

it may be hoped that there are few Irishmen who have not made

themselves acquainted with it. It is not, therefore, necessary to deal

with it here in much detail. Davis was born in Mallow on October 14th,

1814. His father, who came of a family originally Welsh, but long

settled in Buckinghamshire, had been a surgeon in the Royal Artillery.

His mother, Mary Atkins, came of a Cromwellian family settled in the

County Cork. It does not seem an altogether hopeful kind of ancestry

for an Irish Nationalist, and his family were, as a matter of fact,

altogether of the other way of thinking. But the fact that his

great-grandmother, on the maternal side, was a daughter of The

O'Sullivan Beare may have had a counteracting influence, if not through

the physical channel of heredity, at least through the poet's

imagination. As a child, Davis was delicate in health, sensitive,

dreamy, awkward, and passed for a dunce. It was not until he had

entered Trinity College that the passion for study possessed him. This

passion had manifestly been kindled, in the first instance, by the

flame of patriotism, but how and when he first came to break loose from

the traditional politics of his family we have no means of knowing,

unless a gleam of light is thrown on the matter by a saying of his from

a speech at Conciliation Hall:--"I was brought up in a mixed seminary,[2]

where I learned to know, and knowing to love, my countrymen."

At the University he sought no academic distinctions, but read

omnivorously. History, philosophy, economics, and ethics were the

subjects into which he flung himself with ardour, and which, in after

days, he was continually seeking to turn to the uses of his country. By

the time he had left College and was called to the Bar (1837) he had

disciplined himself by thought and study, and was a very different

being from the dreamy and backward youth described for us by the candid

friends of his schooldays. A dreamer, indeed, he always was, but he had

learned from Bishop Butler, whom he reverenced profoundly and spoke of

as "the Copernicus of ethics," that there is no practice more fatal to

moral strength than dreaming divorced from action. Some concrete act,

some definite thing to be done, was now always in his mind, but always,

it may be added, as the realisation of some principle arrived at by

serious and accurate thinking. He had acquired clear convictions, his

powers of application were enormous, he had a boundless fertility of

invention, and was manifestly marked out as a leader of men. It is

interesting to go through the pages of Davis's Essays and to note how

many of his practical suggestions for work to be done in Ireland have

been taken up with success, especially in the direction of music and

poetry, of the Gaelic language, and of the study of Irish archaeology

and the protection of its remains. But a new Davis would mark with

keener interest the many tasks which yet remain to be taken in hand.

His connection with the Bar was little more than nominal; from the

beginning, the serious work of his life seemed destined to be

journalism. After some experiments in various directions, he, with

Gavan Duffy and John Blake Dillon, during a walk in the Phoenix Park in

the spring of 1842, decided to establish a new weekly journal, to be

entitled, on Davis's suggestion, _The Nation_. Its purpose, which it

was afterwards to fulfil so nobly, was admirably expressed in its

motto, taken from a saying of Stephen Woulfe: "To create and foster

public opinion in Ireland, and to make it racy of the soil." Davis's

was the suggestion of making national poems and ballads a prominent

feature of the journal--the feature by which it became best known and

did, perhaps, its most impressive, if not its most valuable, work. His

"Lament for Owen Roe," which appeared in the sixth number, worked in

Ireland like an electric shock, and woke a sleeping faculty to life and

action. Henceforth Davis's public life was bound up with the _Nation_.

Into this channel he threw all his powers. What kind of influence he

exerted from that post of vantage the pages of this book will tell.

Davis was naturally a member of O'Connell's Repeal Association, but

took no prominent part in its proceedings, except on one momentous

occasion on which we must dwell for a while. The debate was on the

subject of Peel's Bill for the establishment of a large scheme of

non-sectarian education in Ireland. Of this measure Sir Charles Duffy

writes:--

"A majority of the Catholic Bishops approved of the general design,

objecting to certain details. All the barristers and country

gentlemen in the Association, and the middle class generally,

supported it. To Davis it was like the unhoped-for realization of a

dream. To educate the young men of the middle class and of both

races, and to educate them together, that prejudice and bigotry

might be killed in the bud, was one of the projects nearest his

heart. It would strengthen the soul of Ireland with knowledge, he

said, and knit the creeds in liberal and trusting friendship."[3]

But O'Connell, though he had previously favoured the principle of mixed

education, now saw a chance of flinging down a challenge to the "Young

Irelanders" from a vantage-ground of immense tactical value. He threw

his whole weight against the proposal, taunted and interrupted its

supporters, and seemed determined at any cost to wreck the measure on

which such high hopes had been set. The emotion which Davis felt, and

which caused him to burst into tears in the midst of the debate, seemed

to some of his friends at the time over-strained. But he was not the

first strong man from whom public calamities have drawn tears; and

assuredly if ever there were cause for tears, Davis had reason to shed

them then. More, perhaps, than any man present, he realised the fateful

nature of the decision which was being made. He knew that one of the

governing facts about Irish public life is the existence in the country

of two races who remain life-long strangers to each other. Catholic and

Protestant present to each other a familiar front, but behind the

surface of each is a dark background which in later life, when

associations, and often prejudices, have been formed, the other can

rarely penetrate and rarely wishes to do so. It was Davis's belief that

if the young people of Ireland were to be permanently segregated from

childhood to manhood in different schools, different universities,

where early friendships, the most intimate and familiar of any, could

never be made, and ideas never interchanged except through public

controversy, the barrier between the two Irish races would be

infinitely difficult to break down, and no scheme of Irish government

could be conceived which would not seem like a triumph to one of them

and bondage to the other. The views of the Young Irelanders did not

prevail, and Ireland as a nation has paid the penalty for two

generations, and will probably pay it for many a day to come. It may,

of course, be argued that religious interests are paramount, and that

these are incompatible with a scheme of mixed education. This is not

the place to debate such a question, nor can anyone quarrel with a

decision arrived at on such grounds. But let it be arrived at with a

clear understanding of the certain consequences, and let it be admitted

that when Davis saw the wreck of the scheme for united education he

felt truly that a long and perhaps, for many generations, irretrievable

step was being taken away from the road to nationhood.

But after this despondent reflection, let us cheer ourselves by setting

the proud and moving words with which Duffy concludes his account of

the transactions in the _Life of Davis_:--

"I have not tacked to any transaction in this narrative the moral

which it suggests; the thoughtful reader prefers to draw his own

conclusions. But for once I ask those to whom this book is

dedicated to note the conduct of Catholic young men in a mortal

contest. The hereditary leader of the people, sure to be backed by

the whole force of the unreflecting masses, and supported on this

occasion by the bulk of the national clergy--a man of genius, an

historic man wielding an authority made august by a life's

services, a solemn moral authority with which it is ridiculous to

compare the purely political influence of anyone who has succeeded

him as a tribune of the people--was against Thomas Davis, and able,

no one doubted, to overwhelm him and his sympathisers in political

ruin. A public career might be closed for all of us; our journal

might be extinguished; we were already denounced as intriguers and

infidels; it was quite certain that, by-and-by, we would be

described as hirelings of the Castle. But Davis was right; and of

all his associates, not one man flinched from his side--not one

man. A crisis bringing character to a sharper test has never arisen

in our history, nor can ever arise; and the conduct of these men,

it seems to me, is some guarantee how their successors would act in

any similar emergency."

The year 1845 was loaded with disaster for Ireland. It saw the defeat

of the Education scheme; it saw the advancing shadow of the awful

calamity in which the Repeal movement, the Young Irelanders, and

everything of hope and promise that lived and moved in Ireland were to

perish--and it saw the death of Thomas Davis.

He had had an attack of scarlet fever, from which he seemed to be

recovering, but a relapse took place--owing, perhaps, to incautious

exposure before his strength had returned--and, in the early dawn of

September 15th, he passed away in his mother's house. The years of his

life were thirty-one; his public life had lasted but for three. His

funeral was marked by an extraordinary outburst of grief and affection,

which was shared by men of all creeds, all classes, all political camps

in Ireland.

No mourning, indeed, could be too deep for the withdrawal at such a

moment of such a leader from the task to which he had consecrated his

life. That task was far more than the winning of political independence

for his country. Davis united in himself, in a degree which has never

been known before or since, the spirit of two great originators in

Irish history--the spirit of Swift and the spirit of Berkeley--of

Swift, the champion of his country against foreign oppression; of

Berkeley, who bade her turn her thoughts inward, who summoned her to

cultivate the faculties and use the liberties she already possessed for

the development of her resources and the strengthening of her national

character. Davis's best and most original work was educative rather

than aggressive. He often wrote, as Duffy says, "in a tone of strict

and haughty discipline designed to make the people fit to use and fit

to enjoy liberty." No one recognised more fully than he the

regenerative value of political forms, but his ideal was never that of

a millennium to be won by Act of Parliament--he was ever on the watch

for some opportunity to remind his countrymen of the indispensable need

of self-discipline and self-reliance, of toil, of veracity, of justice

and fairness towards opponents. No one ever said sharper and sterner

things to the Irish people--witness his articles on "Scolding Mobs," on

"Moral Force," and on the attack upon one of the jurors who had

convicted O'Connell at the State Trial.[4] But Davis could utter hard

things without wounding, for, when all is said, the dominant temper of

the man was love. That, and that alone, was at the very centre of his

being, and by that influence everything that came from him was

irradiated and warmed. He had, as an Irish patriot, unwavering faith,

unquenchable hope; he had also, and above all, the charity which gave

to every other faculty and attainment the supreme, the most enduring

grace.

T. W. ROLLESTON.

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[1] This work, with the inclusion of the full text of the more

important of the Acts of the Parliament of James II., and with an

Introduction by Sir Charles Gavan Duffy, was reprinted from the

_Dublin Monthly Magazine_ of 1843 by Mr. Fisher Unwin in 1891

as the first volume of the 'New Irish Library.' It is now out of

print.

[2] Mr. Mongan's School on Lower Mount Street.

[3] "Life of Davis," p. 286.

[4] "Life of Davis," pp. 218, 219.

I. The Irish Parliament of James II.

PREFACE.

This enquiry is designed to rescue eminent men and worthy acts from

calumnies which were founded on the ignorance and falsehoods of the Old

Whigs, who never felt secure until they had destroyed the character as

well as the liberty of Ireland.

Irish oppression never could rely on mere physical force for any length

of time. Our enormous military resources, and the large proportion of

"fighting men," or men who love fighting, among our people, prohibit

it. It was ever necessary to divide us by circulating extravagant

stories of our crimes and our disasters, in order to poison the wells

of brotherly love and patriotism in our hearts, that so many of us

might range ourselves under the banner of our oppressor.

Calumny lives chiefly on the past and future; it corrupts history and

croaks dark prophecies. Never, from TYRCONNELL'S rally down to

O'CONNELL'S revival of the Emancipation struggle--never, from the

summons of the Dungannon Convention to the Corporation Debate on

Repeal, has a single bold course been proposed for Ireland, that folly,

disorder, and disgrace has not been foreboded. Never has any great deed

been done here that the alien Government did not, as soon as the facts

became historical, endeavour to blacken the honour of the statesmen,

the wisdom of the legislators, or the valour of the soldiers who

achieved it.

One of the favourite texts of these apostles of misrule was the Irish

Government in King JAMES'S time. "There's a specimen," they said, "of

what an Irish Government would be--unruly, rash, rapacious, and

bloody." But the King, Lords, and Commons of 1689, when looked at

honestly, present a sight to make us proud and hopeful for Ireland.

Attached as they were to their King, their first act was for Ireland.

They declared that the English Parliament had not, and never had, any

right to legislate for Ireland, and that none, save the King and

Parliament of Ireland, could make laws to bind Ireland.

In 1698, just nine years after, while the acts of this great Senate

were fresh, Molyneux published his _case of Ireland_, that case which

Swift argued, and Lucas urged, and Flood and Grattan, at the head of

70,000 Volunteers, carried, and England ratified against her will.

Thus, then, the idea of 1782 is to be found full grown in 1689. The

pedigree of our freedom is a century older than we thought, and Ireland

has another Parliament to be proud of.

That Parliament, too, established religious equality. It anticipated

more than 1782. The voluntary system had no supporters then, and that

patriot Senate did the next best thing: they left the tithes of the

Protestant People to the Protestant Minister, and of the Catholic

People to the Catholic Priest. Pensions not exceeding L200 a year were

given to the Catholic Bishops. And no Protestant Prelates were deprived

of stipend or honour--they held their incomes, and they sat in the

Parliament. They enforced perfect liberty of conscience; nor is there

an Act of theirs which could inform one ignorant of Irish faction to

what creed the majority belonged. Thus for its moderation and charity

this Parliament is an honour and an example to the country.

While on the one hand they restored the estates plundered by the

Cromwellians thirty-six years before, and gave compensation to all

innocent persons--while they strained every nerve to exclude the

English from our trade, and to secure it to the Irish--while they

introduced the Statute of Frauds, and many other sound laws, and thus

showed their zeal for the peaceful and permanent welfare of the People,

they were not unfit to grapple with the great military crisis. They

voted large supplies; they endeavoured to make a war-navy; the leading

members allowed nothing but their Parliamentary duties to interfere

with their recruiting, arming, and training of troops. They were no

timorous pedants, who shook and made homilies when sabres flashed and

cannon roared. Our greatest soldiers, M'Carthy and Tyrconnell, and,

indeed, most of the Colonels of the Irish regiments, sat in Lords or

Commons;--not that the Crown brought in stipendiary soldiers, but that

the Senate were fearless patriots, who were ready to fight as well as

to plan for Ireland. Theirs was no qualified preference for freedom if

it were lightly won--they did not prefer 'Bondage with ease to

strenuous liberty.'

Let us then add 1689 to our memory; and when a Pantheon or Valhalla is

piled up to commemorate the names and guard the effigies of the great

and good, the bright and burning genius, the haughty and faithful

hearts, and the victorious hands of Ireland, let not the men of that

time--that time of glory and misfortune--that time of which Limerick's

two sieges typify the clear and dark sides--defiance and defeat of the

Saxon in one, trust in the Saxon and ruin on the other--let not the

legislators or soldiers of that great epoch be forgotten.

Thomas Davis.

July, 1843.

CHAPTER I.

A RETROSPECT.

How far the Parliament which sat in Dublin in 1689 was right or wrong

has been much disputed. As the history of it becomes more accurately

and generally known, the grounds of this dispute will be cleared.

Nor is it of trifling interest to determine whether a Parliament, which

not only exercised great influence at the time, but furnished the

enactors of the Penal Laws with excuses, and the achievers of the

Revolution of 1782 with principles and a precedent, was the good or

evil thing it has been called.

The writers commonly quoted against it are, Archbishop King, Harris,

Leland; those in its favour, Leslie, Curry, Plowden, and Jones.[5] Of

all these writers, King and Lesley are alone original authorities.

Harris copies King, and Leland copies Harris, and Plowden, Curry, and

Jones rely chiefly on Lesley. Neither Harris, Leland, nor Curry adds

anything to our knowledge of the time. King (notwithstanding, as we

shall show hereafter, his disregard of truth) is valuable as a

contemporary of high rank; Lesley, also a contemporary, and of

unblemished character, is still more valuable. Plowden is a fair and

sagacious commentator; Jones, a subtle and suggestive critic on those

times.

If, in addition, the reader will consult such authorities as the

Letters of Lord Lieutenant Tyrconnell;[6] the Memoirs[7] of James the

Second by himself; _Histoire de la Revolution par Mazure_;[8] and

the pamphlets quoted in this publication, and the notes to it, he will

be in a fair way towards mastering this difficult question.

After all, that Parliament must be judged by its own conduct. If its

acts were unjust, bigoted, and rash, no excuse can save it from

condemnation. If, on the other hand, it acted with firmness and loyalty

towards its king--if it did much to secure the rights, the prosperity,

and the honour of the nation--if, in a country where property had been

turned upside down a few years before, it strove to do justice to the

many, with the least possible injury to the few--if, in a country torn

with religious quarrels, it endeavoured to secure liberty of conscience

without alienating the ultra zealous--and, finally, if in a country in

imminent danger from a powerful invader and numerous traitors, it was

more intent on raising resources and checking treason than would become

a parliament sitting in peace and safety, let us, while confessing its

fallibility, attend to its difficulties, and do honour to its vigour

and intelligence.

Before we mention the composition of the Parliament, it will be right

to run over some of the chief dates and facts which brought about the

state of things that led to its being summoned. Most Irishmen

(ourselves among the number) are only beginners at Irish history, and

cannot too often repeat the elements: still the beginning has been

made. It is no pedantry which leads one to the English invasion for the

tap-root of the transactions of the seventeenth century.

Four hundred years of rapacious war and wild resistance had made each

believe all things ill of the other; and when England changed her creed

in the sixteenth century it became certain that Ireland would adhere to

hers at all risks. Accordingly, the reigns of the latter, and

especially of the last of the Tudors, witnessed unceasing war, in which

an appetite for conquest was inflamed by bigotry on the English side,

while the native, who had been left unaided to defend his home, was now

stimulated by foreign counsels, as well as by his own feelings, to

guard his altar and his conscience too.

James the First found Ireland half conquered by the sword; he completed

the work by treachery, and the fee of five-sixths of Ulster rewarded

the "energy" of the British. The proceedings of Strafford added large

districts in the other provinces to the English possessions. Still, in

all these cases, as in the Munster settlement under Elizabeth, the bulk

of the population remained on the soil. To leave the land was to die.

They clung to it amid sufferings too shocking to dwell on;[9] they

clung to it under such a serfhood as made the rapacity of their

conquerors interested in retaining them on the soil. They clung to it

from necessity and from love. They multiplied on it with the rapidity

of the reckless. Yet they retained hope, the hope of restitution and

vengeance. The mad ferocity of Parsons and Borlace hastened the

outbreak of 1641. That insurrection gave back to the native his

property and his freedom, but compelled him to fight for it--first,

against the loyalists; next, against the traitors; and lastly, against

the republicans. After a struggle of ten years, distinguished by the

ability of the Council of Kilkenny, and the bravery of Owen Roe and his

followers, the Irish sunk under the abilities and hosts of Cromwell.

Those who felt his sway might well have envied the men who conquered

and died in the breach of Clonmel, or fell vanquished or betrayed at

Letterkenny and Drogheda. During the insurrection of 1641, the royal

government, at once timid and tyrannical, united with the sordid

capitalists of London to plunder the Irish of their lands and liberty,

if not to exterminate them.[10] In order to effect this, a system of

unparalleled lying was set afoot against the natives of this kingdom.

The violence which naturally attended the sudden resumption of property

by an ignorant, excited, and deeply wronged people, was magnified into

a national propensity to throat-cutting. Exaggerations the most

barefaced were received throughout England. Deaths, which the

English-minded Protestant, the Rev. Mr. Warner, has ascertained to have

been under 12,000--reckoning deaths from hardships along with those by

the sword--were rated in England at 150,000, and by John Milton at

616,000.[11] No wonder the English nation looked upon us as bloody

savages; and no wonder they looked approvingly at the massacres and

confiscations of the Lord Protector. But the Irish deemed they were

free from crime in resuming by force of arms the land which arms had

taken from them; they regarded the bloodshed of '41 as a deplorable

result of English oppression; they fought with the hearts of resolved

patriots till 1651.

The restoration of the Stuarts was hailed as the restoration of their

rights. They were woefully disappointed. A compromise was made between

the legitimists and the republicans; the former were to resume their

rank, the latter to retain their plunder, Ireland was disregarded. The

mockery of the Court of Claims restored less than one-third of the

Irish lands. While in 1641 the Roman Catholics possessed two-thirds of

Ireland, in 1680 they had but one-fifth[12]. Besides, the new

possessors were of an opposite creed, and fortified themselves by Penal

Laws. Under such circumstances the aim of most men would be much the

same, namely, to take the first opportunity of regaining their

property, their national independence, and religious freedom. With

reference to their legislation on the two latter points, doubts may be

entertained how much should be complained of; and even those who

condemn that on the first, should remember that "the re-adjustment of

all private rights, after so entire a destruction of their landmarks,

could only be effected by the coarse process of general rules[13]."

Let us now run over a few dates, till we come to the event which gave

the Irish this opportunity. On the 6th of February, 1685, Charles the

Second died in the secret profession of the Roman Catholic faith, and

his brother, James Stuart, Duke of York, succeeded him.

James the Second came to his throne with much of what usually wins

popular favour. He united in his person the blood of the Tudor,

Plantagenet, and Saxon kings of England, while his Scottish descent

came through every king of Scotland, and found its spring in the Irish

Dalriad chief, who, embarking from Ulster, overran Albany. In addition,

James had morals better than those of his rank and time, as much

intellect as most kings, and the reputation acquired from his naval

administration, graced as it was by sea-fights in which no ship was

earlier in action than James's, and by at least one great victory--that

over Opdam--fought near Yarmouth, on the 3rd June, 1665.

Yet the difference of his creed from that of his English subjects blew

these popular recollections to shivers. He tried to enforce, first,

toleration; and, secondly, perfect religious equality, and intended,

as many thought, the destruction of that equality, by substituting a

Roman Catholic for a Protestant supremacy; and the means he used for

this purpose were such as the English Parliament had pronounced

unconstitutional. He impeached the corporate charters by _quo

warranto_, brought to trial before judges whom he influenced, as all

his predecessors had done. He invaded the customs of the universities,

as having a legal right to do so. He suspended the penal laws, and

punished those who disobeyed his liberal but unpopular proclamations.

Some noble zealots, the Russells and Sidneys, crossed his path in vain;

but a few bold caballers, the Danbys, the Shaftesburys, and Churchills,

by urging him to despotic acts, and the people to resistance, brought

on a crisis; when, availing themselves of it, they called in a foreign

army and drove out James, and swore he had abdicated; expelled the

Prince of Wales, and falsely called him bastard; made terms with

William, that he should have the crown and privy purse, and they the

actual government; and ended by calling their selfish and hypocritical

work, "a popular and glorious revolution."

It is needless to follow up James's quarrel with the university of

Oxford, and his unsuccessful prosecution of the seven Bishops on the

29th of June, 1688, who, emboldened by the prospect of a revolution,

refused to read his proclamation of indulgence. From the day of their

acquittal, James was lost. Letters were circulated throughout

England[14] and Ireland, declaring the young Prince of Wales (who was

born 10th June) spurious, and containing many other falsehoods, so as

to shake men's souls with rumours, and arouse popular prejudices. The

army was tampered with; the nobles and clergy were in treaty with

Holland. James not only refused to retract his policy till it was too

late; but refused, too, the offer of Louis to send him French troops.

Similar means had been used by and against him in Ireland. Tyrconnell,

who had replaced Clarendon as Lord Lieutenant in 1686, got in the

charters of the corporations, reconstructed the army, and used every

means of giving the Roman Catholics that share in the government of

this country to which their numbers entitled them. And, on the other

hand, the Protestant nobles joined the English conspiracy, and adopted

the English plan of false plots and forged letters.

At length, on 4th November, 1688, Prince William landed at Torbay with

15,000 veterans. James attempted to bear up, but his nearest and

dearest, his relatives and his favourites, deserted him in the hour of

his need. It seems not excessive to say that there never was a

revolution in which so much ingratitude, selfishness, and meanness were

displayed. There is not one great genius or untainted character eminent

in it. Yet it succeeded. On the 18th of December, William entered

London; on the 23rd, James sailed for France; and in the February

following the English convention declared he had _abdicated_.

These dates are, as Plowden remarks, important; for though James's

flight, on the 23rd of December, was the legal pretence for

insurrection in the summer of 1689, yet negotiations had been going on

with Holland through 1687 and 1688,[15] and the Northern Irish formed

themselves into military corps, and attacked the soldiers of the crown

before Enniskillen, on the _first week_ in December; and on the 7th

December the gates of Derry were shut in the face of the king's

troops,[16] facts which should be remembered in judging the loyalty of

the two parties.

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[5] King's "State of the Protestants." Harris's "Life of King

William," folio, Dublin, 1749, book 8. Leland's "History of

Ireland," vol. 3, book 6, chaps. 5 and 6. Lesley's "Answer to

King's State of the Protestants," London, 1692. Curry's "Review of

the Civil Wars of Ireland." Plowden's "Historical Review of

Ireland; also History of Ireland," vol. i., c. 9. Jones's "Reply to

an anonymous writer from Belfast, signed Portia," Dublin, 1792.

[6] Thorpe's MSS.

[7] London, 2 vols. 4to, edited by Rev. J. Clarke.

[8] Paris, 1825, 3 vols. 8vo.

[9] Spenser's "View"; Fynes Moryson's "Itinerary"; Captain Lee's

"Memoir"; Harris's "Letters"; and Carte's "Ormonde."

[10] See the proofs of this collected in Carey's "Vindiciae

Hibernicae."

[11] Milton's "Eikonoclastes"; Warner's "History of the Rebellion";

Carey's "Vindiciae"; and Pamphlets, Libraries of Trinity College and

the Dublin Society.

[12] Sir W. Petty's "Political Anatomy of Ireland"; Lawrence's

"Interest of Ireland"; "Curry's Review"; "Carte's Life and Letters

of Ormonde," &c.

[13] Hallam's "Constitutional History," v. 3, p. 588, 3rd edition.

[14] Speke's "Memoirs."

[15] See the Declaration of Union, dated 21st March, 1688, in the

Appendix to Walker's "Account of the Siege of Derry."

[16] These acts were done in good faith by the people, instigated

by the devices of the nobles. A letter, now admitted to have been

forged, was dispersed by Lord Mount Alexander, announcing the

design of the Roman Catholics to murder the Protestants.

CHAPTER II.

ORIGIN AND CHARACTER OF THE PARLIAMENT.--THE HOUSE OF LORDS.

James landed at Kinsale, 12th March, 1689, about a month after the

election of William and Mary by the English convention. He entered

Dublin in state on the 24th March, accompanied by D'Avaux, as

Ambassador from France, and a splendid court. His first act was to

issue five proclamations--the first, requiring the return and aid of

his Irish absentee subjects; the second, urging upon the local

authorities the suppression of robberies and violence which had

increased in this unsettled state of affairs; the third, encouraging

the bringing provisions for his army; the fourth, creating a currency

of such metal as he had, conceiving it preferable to a paper currency

(a gold or silver currency was out of his power, for of the two

millions promised him by France, he only got L150,000); the fifth

proclamation summoned a parliament for the 7th May, 1689.

James also issued a proclamation promising liberty of conscience,

justice and protection[17] to all; and, after receiving many

congratulatory addresses, set out for Derry to press the blockade. On

the 29th April he returned to Dublin. On the 7th May Ireland possessed

a complete and independent government. Leaving the castle, over which

floated the national flag, James proceeded in full procession to the

King's Inns, where the Parliament sat, and the Commons having assembled

at the bar of the Peers, James entered, "with Robe and Crown," and

addressed the Commons in a speech full of manliness and dignity. At the

close of the speech, the Chancellor of Ireland, Lord Gosworth, directed

the Commons to retire and make choice of a Speaker. In half an hour the

Commons returned and presented Sir Richard Nagle as their Speaker, a

man of great endowments and high character. The Speaker was accepted,

and the Houses adjourned.

The peers who sat in this parliament amounted to fifty-four. Among

these fifty-four were six dignitaries of the Protestant Church, one

duke, ten earls, sixteen viscounts, and twenty-one barons. It contained

the oldest families of the country--O'Brien and DeCourcy, MacCarty and

Bermingham, De Burgo and Maguire, Butler and Fitzpatrick. The bishops

of Meath, Cork, Ossory, Limerick, and Waterford, and the Protestant

names of Aungier, Le Poer, and Forbes sat with the representatives of

the great Roman Catholic houses of Plunket, Barnewell, Dillon, and

Nugent. Nor were some fresher honours wanting; Talbot and Mountcashel

were the darlings of the people, the trust of the soldiery, the themes

of bards.

King's impeachment of this parliament is amusing enough. His first

charge is, that if the House were full, the majority would have been

Protestant. Now, if the majority preferred acting as insurgents under

the Prince of Orange, to attending to their duties in the Irish house

of peers, it was their own fault. Certain it is, the most violent might

safely have attended, for the earls of Granard and Longford and the

bishop of Meath not only attended, but carried on a bold and systematic

opposition. And so far was the House from resenting this, that they

committed the sheriff of Dublin to prison for billeting an officer at

the bishop of Meath's. Yet the bishop had not merely resisted their

favourite repeal of the Settlement, but, in doing so, had stigmatized

their fathers and some of themselves as murderous rebels.

King's next charge is, that the attainders of many peers were reversed

to admit them. Now this is unsupported evidence against fact, and

simply a falsehood. Then he complains of the new creations. They were

just _five_ in number; and of these five, two were great legal

dignitaries--the Lord Chancellor and Lord Chief Justice of Ireland; the

third was Colonel MacCarty, of the princely family of Desmond, and a

distinguished soldier with a great following; the others, Brown, Lord

Kenmare; and Bourke, Lord Bofin (son of Lord Clanricarde), men of high

position in their counties.

Fitton, Lord Gosworth, occupied the woolsack. That he was a man of

capacity, if not of character, may be fairly presumed from his party

having put him in so important an office in such trying times.[18] He

certainly had neither faction nor following to bring with him. Nor was

he treated by his party below what his rank entitled him to. The

appointments in his court were not interfered with: his decrees were

not impeached, and in the council he sat above even Herbert, the Lord

Chancellor of England. Yet, King describes this man as "detected of

forgery," one who was brought from gaol to the woolsack--one who had

not appeared in any court--a stranger to the kingdom, the laws, and the

practice and rules of court;--one who made constant needless references

to the Masters to disguise his ignorance, and who was brought into

power, first, because he was "a convert papist, that is, a renegade to

his country and his religion;" and, secondly, because he would enable

the Irish to recover their estates by countenancing "forgeries and

perjuries," which last, continues the veracious archbishop, he nearly

effected, without putting them to the trouble of repealing the Acts of

Settlement. King staggers from the assertion that Fitton denied justice

to Protestants, into saying it was got from him with difficulty.

Thomas Nugent, Baron Riverstown, second son of the Earl of Westmeath,

was chosen chairman of committees. King, who is the only authority at

present accessible to us, states that Nugent had been "out" in 1641,

but considering that he did not die till 1715, he must have been a mere

boy in '41, if born at all; and, at any rate, as his family, including

his grandfather, Lord Delvin (first Earl of Westmeath), and his father,

carried arms against the Irish up to 1648, and suffered severely, it is

most improbable that he was, as a child, in the opposite ranks.

The Irish had never ceased to agitate against the Acts of Settlement

and Explanation. Thus Sir Nicholas Plunket had done legal battle

against the first, till an express resolution excluded him by name from

appearing at the bar of the council. Then Colonel Talbot (Tyrconnell)

led the opposition effort for their repeal or mild administration. In

1686, Sir Richard Nagle went to England, as agent of the Irish, to seek

their repeal. But the greatest effort was made in 1688. Nugent and Rice

were sent expressly to London to press the repeal. Rice is said to have

shown great tact and eloquence, but Nugent to have been rash and

confused. Certain it is, they were unsuccessful with the council, and

were brutally insulted by the London mob, set on by the very decent

chiefs of the Williamite party.

Of the eighteen prelates, ten were Englishmen, one Welsh, and only

seven Irish. Several had been chaplains to the different lords

lieutenant. Eleven out of the eighteen were in England during the

session. Of these, some were habitual absentees, such as Thomas

Hackett, bishop of Down, deprived in 1691 by Williamite commissioners

for an absence of twenty years. Others had got leave of absence during

'87 and '88. Some, like Archbishop John Vesey of Tuam, and Bishop

Richard Tennison of Killala, fled in good earnest, and accepted

lecturerships and cures in London.

There was one man among them who deserves more notice, Anthony Dopping,

lord bishop of Meath. He was born in Dublin, 28th March, 1643, and died

24th April, 1697. He was educated in St. Patrick's schools, and won his

fellowship in T.C.D. in 1662, being only 19 years old. He led the

opposition in the parliament of '89 with great vigour and pertinacity.

He resisted all the principal measures, and procured great changes in

some of them, as appears by "The Journal." He had a fearless character

and ready tongue. He continued a leader of the Ultras after the battle

of the Boyne, and quarrelled with the government. King William, finding

how slowly the Irish war proceeded, had prepared and sent to Ireland a

proclamation conceding the demands of the Roman Catholics, granting

them perfect religious liberty, right of admission to all offices, and

an establishment for their clergy.[19] While this was with the printers

in Dublin, news came of the danger of Limerick. The proclamation was

suppressed by the Lords Justices, who hastened to the camp, "to hold

the Irish to as hard terms as possible. This they did effectually."

Still these "hard terms" were too lenient for the Ultras, who roared

against the treaty of Limerick, and demanded its abrogation. On the

Sunday after the Lords Justices had returned, full of joy at having

tricked the Irish into so much harder terms than William had directed

them to offer, they attended Christ Church, and the bishop of Meath

preached a sermon, whose whole object was to urge the breaking of the

treaty of Limerick, contending (says Harris, in his Irish Writers in

Ware, p. 215) that "peace ought not to be kept with a people so

perfidious." The Justices, and the Williamite or moderate party, were

enraged at this. The bishop of Kildare was directed to preach in Christ

Church on the following Sunday in favour of the treaty; and he obtained

the place in the privy council from which the bishop of Meath was

expelled; but ultimately the party of the latter triumphed, and enacted

the penal laws.

The list of the Lords Temporal has been made out with great care, from

all the authorities accessible.

Ireland had then but two dukes, Tyrconnell and Ormond. Ormond possessed

the enormous spoils acquired by his grandfather from the Irish, and was

therefore largely interested in the success of the English party. He,

of course, did not attend. His huge territory and its regal privileges

were taken from him by a special act.

Considering the position he occupied, the materials on the life of

Tyrconnell are most unsatisfactory. Richard Talbot was a cadet of the

Irish branch of the Shrewsbury family, and numbered in his ancestors

the first names in English history. His father was Sir William Talbot,

a distinguished Irish lawyer, and his brother, Peter Talbot, was R.C.

Archbishop of Dublin, and was murdered there by tedious imprisonment on

a false charge in 1680. He was a lad of sixteen when Cromwell sacked

Drogheda in September 1649, and he doubtless brought from its bloody

ashes no feeling in favour of the Saxon. He was all his life engaged in

the service of the Irish and of James. He was attached to the Duke of

York's suite from the Restoration, and was taken prisoner by the Dutch,

on board the Catharine, in the naval action at Solebay, 29th May,

1672.[20] After the Acts of Settlement and Explanation were passed, he

acted as agent for the Irish Roman Catholics, urging their claims with

all the influence his rank, abilities, and fortune[21] could command.

His zeal got him into frequent dangers; he was sent to the Tower in

1661 and 1671 for having challenged the Duke of Ormond, and the English

Commons presented an address in 1671, praying his dismissal from all

public employments. He was selected by James, both from personal trust

and popularity, to communicate with the Irish; and though Clarendon was

first sent as Lord Lieutenant in '85, Tyrconnell had the independent

management of the army,[22] and replaced Clarendon in 1686.

Sarsfield, who was at the head of "the French party," and most of the

great Irish officers, thought him undecided, hardly bold enough, and

with a selfish leaning towards England. Of his selfishness we have now

a better proof than they had, a proof that _might_ have abated his

master's eulogy, given further on. We say _might_, for _possibly_

Tyrconnell was in communication with James as to the French offers.

"It is now ascertained that, doubtful of the king's success in the

struggle for restoring popery in England, he had made secret

overtures to some of the French agents, for casting off all

connection with that kingdom in case of James's death, and, with

the aid of Louis, placing the crown of Ireland on his own head. M.

Mazure has brought this remarkable fact to light. Bonrepos, a

French emissary in England, was authorised by his court to proceed

in a negociation with Tyrconnell for the separation of the two

islands, in case that a Protestant should succeed to the crown of

England. He had accordingly a private interview with a confidential

agent of the Lord Lieutenant at Chester in the month of October,

1687. Tyrconnell undertook that in less than a year everything

should be prepared."[23]

Tyrconnell was made Baron Talbotstown, Viscount Baltinglass, and Earl

of Tyrconnell in 1686, and Duke and Marquis, 30th March, 1689.

From his coming to Ireland, he worked hard for his master and his

countrymen. He gradually substituted Jacobite soldiers for the

Oliverians, who till then filled the ranks. He increased the army

largely, and lent the king 3,000 men in '88. Mischief was done to

James's cause by this employment of Irish troops in England. He was

active in calling in the corporation charters, and was exposed to much

calumny on account of it. The means, doubtless, were indefensible (for

the change should have been effected by act of Parliament, as it has at

length been in our times), but the end was to put the corporations into

the hands of the Irish people. And even in those new corporations,

one-third of the burgesses were of English descent and Protestant

faith; but this moderation is attempted to be shaved away by the

Williamites, who insist that most of these Protestants were Quakers,

whom they describe as a savage rabble, originally founded by the

Jesuits[24]--with what injustice we need hardly say. James describes

him "as a man of good abilities and clear courage, and one who for many

years had a true attachment to his majesty's person and interest."[25]

Lord Clanrickarde represented the Mac William _Uachdar_, one of the two

great branches of the De Burgos, who usurped the chieftaincy on the

death of the Earl of Ulster in the year 1333. His father was the great

Lord Clanrickarde, who held Connaught in peace and loyalty, from 1641

to 1650; when the troops for which he had negotiated with the Duke of

Lorraine not arriving, he too yielded to the storm.

Mac Donnel Lord Antrim, also the representative of a great house (the

Lord of the Isles), was equally dependant on his predecessor for

notoriety. His elder brother, the Marquis and Earl of Antrim, played a

notorious and powerful part on the Irish side, in the war, from 1642 up

to 1650. This Earl Alexander also commanded an Irish regiment during

the same war. He was within the treaty of Limerick, and saved his rank

and fortune.

Lords Longford and Granard were Williamites in fact. This does not

follow from their having acted so vigorously in the opposition in 1689,

but from their having joined William openly the year after. Lord

Granard had been offered the command of the Williamites of Ulster in

1688, and on his refusal, Lord Mount Alexander was appointed.

Among the earls, one naturally looks for the two famous names of Taaffe

and Lucan. But Taaffe was then on an embassy to the emperor, and

Patrick Sarsfield was not made Earl of Lucan till after. Indeed his

patent is not entered in the rolls, from which 'tis probable he was not

titled till after the battle of the Boyne.

Viscount Iveagh held Drogheda at the battle of the Boyne, and was

induced to surrender it by William's ruffianly and unmilitary threat of

"no quarter."

Lord Clare was father to the famous Lord Clare, whose regiment was the

glory of the Irish Brigade, and who was killed at Ramillies in 1706. He

was descended from Connor O'Brian, third earl of Thomond.

Lord Mountcashel, by his rapidity and skill, completely broke the

Munster insurgents, and made that province, till then considered the

stronghold of the English, James's best help. To him was intrusted the

Bill repealing the Settlement in the Commons, where he sat as member

for the county of Cork till that Bill passed the Commons, when he was

called to the Upper House as Lord Mountcashel.

Lord Kinsale represented the famous John De Courcy, Earl of Ulster, and

had the blood of Charlemagne in his veins. He served as

Lieutenant-Colonel to Lord Lucan. His attainder under William was

reversed, and he appeared at court, where he enforced the privilege

peculiar to his family of remaining covered in the king's presence.

---------------------------------------------------------------

[17] See as to this, Melfort's letter to Pottinger, the sovereign

of Belfast; "History of Belfast," pp. 72-3; Lesley _proves_, on

Williamite authority, that the Protestants were worse treated by

William's army than by James's. See Dr. Gorges in Lesley's

Appendix.

[18] He was appointed in 1686 (see Appendix B). T. W. R.

[19] In July, 1691, William had offered these terms: 1st. The free

public exercise of the Roman Catholic Religion. 2nd. Half the

churches in the kingdom. 3rd. Half the employments, civil and

military, if they pleased. 4th. Half their properties, as held

prior to Cromwell's conquest. The terms were at once refused. The

suppressed proclamation doubtless offered at least as much.

(Harris's "William," and Plowden, b. 2.)

[20] Rawdon Papers, p. 253.

[21] Anthony Hamilton, in his "Memoirs of Grammont," exaggerates

this to L40,000 a year, and attributes Miss Jennings' affection to

its attractions. But besides that, by his statement, Tyrconnell had

been a rival of Grammont with Miss Hamilton, there is enough in

Grammont to account for it otherwise. Hamilton, an Irishman, and a

Jacobite, seems to have sympathised with Tyrconnell. He describes

him as "one of the largest and most powerful looking men in

England," "with a brilliant and handsome appearance, and something

of nobility, not to say haughtiness in his manners." He mentions

circumstances, showing him bold, free, amorous, and, strange for a

courtier, punctual in payment of debts. Yet this man, so full of

refinement, and so trained, is described by King as addressing the

Irish Privy Council thus:--"I have put the sword into your hands,

and God damn you all if ever you part with it."

[22] Clarendon's "State Letters," vol. i. and the Diary.

[23] Hallam's "Constitutional History," v. iii., p. 530.

[24] State Tracts, Will. III.'s reign, H. R.'s App. to Cox.

[25] "Memoirs of James II.," by the Rev. ---- Clarke, Chaplain to

George IV. These memoirs seem to have been copies of memoirs

written under James II.'s inspection, and deposited in the Scotch

College in Paris. The originals perished at the French Revolution,

and their copies came to Rome, from whence they were procured for

the English government in 1805. See Mr. Clarke's preface, and

Guizot's preface to his translation of them in the "Memoires de la

Revolution."

CHAPTER III.

THE HOUSE OF COMMONS.

The number of members in the Commons, as the complement was made up

under the monstrous charters of James I., Charles I., and Charles II.,

far outdoing in their unconstitutional nature any of the stretchings of

prerogative in the reign of James II., amounted to 300. The number

actually returned was 224. Of the deficiencies, no less than 28 were

caused by the places being the seats of the war.

The character of this assembly must be chiefly judged by its acts, and

we shall presently resume the consideration of them; but there are some

things in the composition of the Commons whereby their character has

been judged.

They have been denounced by King: but before we examine his statements,

let us inquire who he was, lest we underrate or overrate his testimony;

lest we unjustly require proof, in addition to the witness of a

thoroughly pure and wise man; or, what is more dangerous, lest we

remain content with the unconfirmed statements of a bigot or knave.

William King was the son of James King, a miller, who, in order to

avoid taking the Solemn League and Covenant, removed from the North of

Scotland, and settled in Antrim, where William was born, 1st of May,

1650. (See Harris's "Ware," Bishops of Derry.) He was educated at

Dungannon, was a sizar, "_native_," and schoolmaster in T.C.D., and was

ordained in 1673. Parker, archbishop of Tuam, gave him a heap of

livings, and on being translated to Dublin, procured the Chancellorship

of St. Patrick's for King in 1679. This he held during the Revolution.

He was imprisoned in 1689 on suspicion, but after some months was

released, through the influence of Herbert and Tyrconnell, and

notwithstanding C. J. Nugent's opposition. Immediately on his release

he wrote his "State of the Protestants of Ireland," printed in London,

_cum privilegio_, at the chief Williamite printer's. It was written and

published while the war in Ireland was at its height, and when it was

sought at any price to check the Jacobite feeling then beginning to

revive in England, by running down the conduct of the Irish, James's

most formidable supporters. Moreover, King had been imprisoned (justly

or unjustly) by James's council, and he obtained the bishopric of Derry

from William, on the 25th of January, 1690 (old style), namely, within

thirty-eight weeks before the publication of his book, which was

printed, _cum privilegio_, 15th of October, 1691. Whether the bishopric

was the wages of the book, or the book revenge for the imprisonment, we

shall not say; but surely King must have had marvellous virtue to write

impartially, in excited and reckless times, for so demoralized a party

as the English Whigs, when he wrote of transactions yet incomplete, of

which there was a perilous stake not only for him but for his friends,

and when, of the parties at issue, one gave him a gaol and the other a

mitre.

There is scarcely a section in his book that does not abound with the

most superlative charges, put in the coarsest language. All the

calumnies as to 1641, which are now confessed to be false, are gospel

truths in his book. He never gives an exact authority for any of his

graver charges, and his appendix is a valuable reply to his text.

When, in addition to these external probabilites and intrinsic

evidences of falsehood, we add that, immediately on its publication,

Lesley wrote an answer to it, denying its main statements as mere lies,

and that his book was never replied to, we will not be in a hurry to

adopt any statement of King's.

But in order to see the force of this last objection to King's

credibility, something must be known of Lesley.

Charles Lesley, son of the bishop of Clogher, is chiefly known for his

very able controversial writings against Deists, Catholics, and

Dissenters. He was a law-student till 1680, when he took orders; and in

1687 became chancellor of Connor. When, in 1688, James appointed a

Roman Catholic sheriff for Monaghan, Mr. Lesley, being then sick with

gout, had himself carried to the courthouse, and induced the

magistrates to commit the sheriff. In fact, it appears from Harris

("Life of William," p. 216, and "Writers of Ireland," pp. 282-6), that

Lesley was notorious for his conversions of Roman Catholics, and his

stern hostility to Tyrconnell's government. Lesley refused to take the

oath of supremacy after the Revolution, and thereby lost all chance of

promotion in the Church. He was looked on as the head of the nonjurors,

and died in March, 1721-2, at Glaslough, universally respected.

Such being Mr. Lesley's character, so able, so upright, so zealously

Protestant, he, in 1692, wrote an answer to King's "State," in which he

accuses King of the basest personal hypocrisy and charges him with

having in his book written gross, abominable, and notorious falsehoods,

and this he _proves_ in several instances, and in many more renders it

highly probable. King died 8th May, 1729, leaving Lesley's book

altogether unreplied to.

Here then was that man--bishop of Derry for eleven years and archbishop

of Dublin for twenty-seven years--remaining silent under a charge of

deliberate and interested falsehood, and that charge made by no

unworthy man, but by one of his own country, neighbourhood, and

creed--by one of acknowledged virtue, high position, and vast

abilities.

Nor is this all; Lesley's book was not only unanswered; it was watched

and attempted to be stopped, and when published, was instantly ordered

to be suppressed, as were all other publications in favour of the Irish

or of King James.

The reader is now in a position to judge of the credibility of any

assertion of King's, when unsupported by other authority.

King's gravest charges are in the following passage:--

"These members of the House of Commons are elected either by

freeholders of counties, or the freemen of the corporations; and I

have already showed how king James wrested these out of the hands

of Protestants, and put them into Popish hands in the new

constitution of corporations, by which the freemen and freeholders

of cities or boroughs, to whom the election of burgesses originally

belongs, are excluded, and the election put into the hands of a

small number of men named by the king, and removable at his

pleasure. The Protestant freeholders, if they had been in the

kingdom, were much more than the papist freeholders, but now being

gone, though many counties could not make a jury, as appeared at

the intended trial of Mr. Price and other Protestants at Wicklow,

who could not be tried for want of freeholders--yet, notwithstanding

the paucity of these, they made a shift to return knights of the

shire. The common way of election was thus:--The Earl of

Tyrconnell, together with the writ for election, commonly sent a

letter, recommending the persons he designed should be chosen; the

sheriff or mayor being his creature, on receipt of this, called so

many of the freeholders of a county or burgesses of a corporation

together, as he thought fit, and without making any noise, made the

return. It was easier to do this in boroughs--because, by their new

charters, the electors were not above twelve or thirteen, and in

the greatest cities but twenty-four; and commonly, not half of

these in the place. The method of the Sheriff's proceeding was the

same; the number of Popish freeholders being very small, sometimes

not a dozen in a county, it was easier to give notice to them to

appear, so that the Protestants either did not know of the election

or durst not appear at it."

First let us see about the boroughs. King, in his section on the

corporations, states in terms that "they" (the Protestants) "thought it

reasonable to keep these (corporate towns) in their own hands, as being

the foundation of the legislative power, and therefore secluded

papists," etc. The purport, therefore, of King's objection to the new

constitution under King James's charters was the admission of Roman

Catholics. Religious equality was sinful in his eyes.

The means used by James to change the corporations, namely bringing

_quo warrantos_ in the Exchequer against them, and employing all the

niceties of a confused law to quash them, we have before condemned. In

doing so, he had the precedents of the reigns called most constitutional

by English historians, and those not old, but during his brother's

reign; nor can anyone who has looked into Brady's treatise on Boroughs

doubt that there was plenty of "law" in favour of James's conduct.[26]

But still public policy and public opinion in England were against

these _quo warrantos_, and in Ireland they were only approved of by

those who were to be benefited by them.

But the means being thus improper, the use made by James of this power

can hardly be complained of. The Roman Catholics were then about

900,000, the Protestants, over 300,000. James, it is confessed, allowed

one-third of the corporations to be Protestant, though they were

little, if at all, more than one-fourth of the population. This will

appear no great injustice in our times, although some of these

Protestants may, as it has been alleged, have been "Quakers."

It must also be remembered that those proceedings were begun not by

James but by Charles; that the corporations were, with some show of

law, conceived to have been forfeited during the Irish war, or the

Cromwellian rule; and that being offered renewals on terms, they

refused; whereupon the _quo warrantos_ were brought and decided before

the regular tribunals during the earlier and middle part of James's

reign. On the 24th September, 1687, James issued his Royal Letter (to

be found in Harris's Appendix, pp. 4 to 6), commanding the renewal of

the charters. By these renewals, the first members of the corporations

were to be named by the lord lieutenant, but they were afterwards to

be elected by the corporations themselves. There certainly are

_non-obstante_ and non-resistance clauses ordered to be inserted, in

the prerogative spirit of that day, which were justly complained of.

With reference to the number of burgesses, King's statement that the

number of electors was usually twelve or thirteen, and in the greatest

cities but twenty-four, is untrue. Most of the Irish boroughs were

certainly reduced to these numbers under the liberal Hanoverian

government, but not so under James. The members' names are given in

full in Harris's Appendix, and from those it appears that no

corporation had so few as twelve electors. Only five, viz.--Dungannon,

Ennis, St. Johnstown (in Longford), Belturbet, and Athboy, were as low

as thirteen; twenty-three, viz.--Tuam, Kildare, Cavan, Galway, Callan,

Newborough, Carlingford, Gowran, Carysfort, Boyle, Roscommon, Athy,

Strabane, Middletown, Newry, Philipstown, Banagher, Castlebar, Fethard,

Blessington, Charleville, Thomastown, and Baltimore, varied from

fourteen to twenty-four; most of the rest varied from thirty to forty.

Dublin had seventy-three; Cork, sixty-one; Clonmel, forty-six; Cashel,

forty-two; Drogheda, fifty-seven; Kilkenny, sixty-one; Limerick,

sixty-five; Waterford, forty-nine; Youghal, forty-six; Wexford,

fifty-three, and Derry, sixty-four. This is a striking proof of the

little reliance to be placed on King's positive statements.

Harris, a hostile authority, gives the names and generally the

additions of the members of each corporation, and the majority are

merchants, respectable traders, engineers, or gentlemen. Moreover, in

such towns as our local knowledge extends to, the names are those of

the best families, not being zealous Williamites. As to the counties,

King relies upon a pamphlet published in London in 1689, setting out

great grievances in the title page, and disproving them in the body of

the tract.

If many Protestant freeholders had fled to England, who was to

blame?--Most assuredly, my Lord Mount Alexander and the rest of the

right noble and honourable suborners, devisers, and propagators of

forged letters and infamous reports, whereby they frightened the

Protestants, in order to take advantage of their terror for their own

selfish ends. The exposure of these devices by the publication of

"Speke's Memoirs," by the confessed forgery of the Dromore letter,

etc., have thrown the chief blame of the Protestant desertion off the

shoulders of those Protestants, off the shoulders, too, of the Irish

government, and have brought it crushingly upon the aristocratic cabal,

who alone profited by the revolution, as they alone caused it.

In the absence of other testimony, we must take, with similar allowances,

the story of Tyrconnell "_commonly_" sending an unconstitutional letter

to influence the election. But how very good these Jacobite sheriffs

and mayors were to let King into the secret, in 1691, when their

destiny was uncertain! That such gossip was current is likely, but for

a historian to assert on such authority is scandalous.

King asserts that the unrepresented boroughs were "_about twenty-nine_."

Now, there were but _eighteen_ boroughs unrestored; but King helps out

the falsehood by inserting places--Thurles, Tipperary, Arklow, and

Birr--which _never_ had members before or since, by _creating_ a

_second_ town of Kells, by transferring St. Johnstown in Longford which

returned members, to St. Johnstown in Donegal, which was a seat of war,

and by other tricks equally discreditable to his honesty and

intelligence.

The towns unrestored _could_ not have sent members to James's

parliament, and it was apparently doubted whether they ought to have

done so to William's in '92.

Against the Commons actually elected the charge is that only six

Protestants were elected. In the very section containing the charge it

is much qualified by other statements. "Thus," he says, "one Gerard

Dillon, Sergeant-at-Law, a most furious Papist, was Recorder of Dublin,

and he stood to be chosen one of the burgesses for the city, but could

not prevail, because he had purchased a considerable estate under the

Act of Settlement, and they feared lest this might engage him to defend

it;" and therefore they chose Sir Michael Creagh and Terence Dermot,

their Senior Aldermen, showing pretty clearly that the good citizens of

Dublin set little value on the "furious Popery" of Prime Sergeant

Dillon, in comparison with their property plundered by the Act of

Settlement.

The election for Trinity College is worthy of notice. We have it set

out in flaming paragraphs how horribly the College was used, worse than

any other borough, "Popish Fellows" being intruded. "In the house they

placed a Popish garrison, turned the chapel into a magazine, and many

of the chambers into prisons for Protestants." (King, p. 220, Ed.

1744.) Yet, _miraculous_ to say, in the heart of this "Popish

garrison," the "turned-out Vice-Provost, Fellows, and Scholars" met,

and elected two most bold, notable, and Protestant Williamites.

If this election could take place in Dublin, under the very nose of the

Government, and in a corporation in which the king had unquestioned

control, one will hesitate about the compulsion or exclusion in other

places.

Besides Sir John Meade and Mr. Joseph Coghlan, the members for the

College, there "were four more Protestants returned, of whose behaviour

I can give no account," says King. Pity he does not give the names.

If we were to allow a similar error in King's account of the creed of

the elected, that we have proved in his lists of the borough electors,

it would raise the number of Protestants in the house to about

fourteen.

Allowing then for the Protestants in arms against the Government--out

of the country, or within the seat of war--the disproportion between

their representatives and the Roman Catholics will lessen greatly.

One thing more is worth noticing in the Commons, and that is a sort of

sept representation. Thus we see O'Neills in Antrim, Tyrone, and

Armagh; Magennises in Down; O'Reillys in Cavan; Martins, Blakes,

Kirwans, Dalys, Bourkes for Connaught; MacCarthys, O'Briens, O'Donovans

for Cork and Clare; Farrells for Longford; Graces, Purcells, Butlers,

Welshs, Fitzgeralds for Tipperary, Kilkenny, Kildare, etc.; O'Tooles,

Byrnes, and Eustaces for Wicklow; MacMahons for Monaghan; Nugents,

Bellews, Talbots, etc., for North Leinster.

Sir Richard Nagle, the Speaker, was the descendant of an old Norman

family (said to be the same as the Nangles) settled in Cork. His

paternal castle, Carrignancurra, is on the edge of a steep rock, over

the meadows of the Blackwater, half-a-dozen miles below Mallow. It is

now the property of the Foot family, and here may still be seen the

mouldering ruin where that subtle lawyer first learned to plan.

Peacefully now look the long oak-clad cliffs on the happy river.

Nagle had obtained a splendid reputation at the Irish Bar. "He had been

educated among the Jesuits, and designed for a clergyman," says King,

"but afterwards betook himself to the study of the law, in which he

arrived to a good perfection." Harris, likewise, calls him "an artful

lawyer of great parts." Tyrconnell valued him rightly, and brought him

to England with him in the autumn of 1686. His reputation seems to have

been great, for it seems the lords interested in the Settlement Act,

"on being informed of Nagle's arrival, were so transported with rage

that they would have had him immediately sent out of London."

He was knighted, and made attorney-general in 1687; and on James's

arrival, March, 1688-9, he was made secretary of state. He is said, we

know not how truly, to have drafted the Commons' bill for the repeal of

the Settlement.

Let us mention some of the members.--Nagle's colleague in Cork was

Colonel MacCarty, afterwards Lord Mountcashel. Miles de Courcy,

afterwards Lord Kinsale, MacCarty Reagh, who finally settled in France.

His descendant, Count MacCarty Reagh, was notable for having one of the

finest libraries in Europe, which was sold after the Revolution.

The Rt. Hon. Simon Lutteral raised a dragoon regiment for James, and

afterwards commanded the Queen's regiment of infantry in the Brigade.

He was father to Colonel Henry Lutteral, accused of having betrayed the

passage of the Shannon at Limerick; and though Harris throws doubt on

this particular act of treason, his correspondence and rewards from

William seem sufficient proof and confirmation of his guilt.

Lally of Tullendaly, member for Tuam, was the representative of the

O'Lallys, an old Irish sept. His brother, John Gerard Lally, settled in

France, and married a sister to Dillon, "_colonel proprietaire_" in the

Brigade, and was Colonel commanding in this illustrious regiment. Sir

Gerard was father to the famous Count Thomas Lally Tollendal, who,

after having served from the age of twelve to sixty-four in every

quarter of the globe, from Barcelona to Dettingen, and from Fontenoy to

Pondicherry, was beheaded on the 9th of May, 1766. The Marquis De Lally

Tollendal, a distinguished lawyer and statesman of the Bourbonist

party, and writer of the life of Strafford, and many other works, was a

grand-nephew to James Lally, the member for Tuam in '89.

Colonel Roger Mac Elligot, who commanded Lord Clancarty's regiment (the

12th infantry) in the Brigade, was member for Ardfert.

Limerick.--Sir John Fitzgerald was "_col. propr._" of the regiment of

Limerick (8th infantry) in the Brigade.

Oliver O'Gara, member for Tulske, was Lieutenant-Colonel of the guards

under Colonel Dorrington.

Hugh Mac Mahon, Gordon O'Nials Lieutenant-Colonel, was member for

Monaghan.

The Right Hon. Nicholas Purcell, member for Tipperary, was a Privy

Councillor early in James's reign. His family were Barons of Loughmoe,

and of great consideration in those parts.

The first bill introduced into the Lords was on the 8th of May--that

for the recognition of the king--and the same day committees of

grievance were appointed.

---------------------------------------------------------------

[26] Hallam ("Constitutional History," chaps. 13 and 14) contains

enough to show the uncertainty of the law. Throughout these, as in

all parts of his work, he is a jealous Williamite and a bigoted

Whig. His treatment of Curry has been justly censured by Mr. Wyse,

in his valuable "History of the Catholic Association," vol. i.,

pp. 36-7.

CHAPTER IV.

THE SESSION.

It is needless for us to track the parliament through the debates of

the session, which lasted till the 20th July. The few acts (thirty-five),

passed in two months, received full and earnest discussion; committees

and counsel were heard on many of them (the Acts for repealing the

Settlement in particular), and this parliament refused even to adjourn

during any holiday.

We trust our readers will deal like searchers for truth, not like

polemics, with these documents, and with the history of these times.

But, above all, let them not approach the subject unless it be in a

spirit enlightened by philosophy and warmed by charity. Thus studied,

this time, which has been the armoury of faction, may become the temple

of reconciliation. The descendant of the Williamite ought to sympathise

with the urgent patriotism and loyalty of the parliament, rather than

dwell on its errors, or on the sufferings which civil war inflicted on

his forefathers. The heir of the Jacobite may well be proud of such

countrymen as the Inniskilliners and the 'Prentice Boys of Derry. Both

must deplore that the falsehoods, corruption, and forgeries of English

aristocrats, the imprudence of an English king, and the fickleness of

the English people placed the noble cavalry which slew Schomberg, and

all but beat William's immense masses at the Boyne, in opposition to

the stout men of Butler's-bridge and Cavan. What had not the defenders

of Derry and Limerick, the heroes of Athlone, Inniskillen, and Aughrim

done, had they cordially joined against the alien? Let the Roman

Catholics, crushed by the Penal Code, let the Protestants, impoverished

and insulted by England, till, musket in hand and with banners

displayed, they forced their rights from her in '82--let both look

narrowly at the causes of those intestine feuds, which have prostrated

both in turn before the stranger, and see whether much may not be said

for both sides, and whether half of what each calls crime in the other

is not his own distrust or his neighbour's ignorance. Knowledge,

Charity, and Patriotism are the only powers which can loose this

Prometheus-land. Let us seek them daily in our own hearts and

conversation.

The Acts and other official documents of James's Parliament were

ordered by William's Parliament to be burned, and became extremely

scarce. In 1740 they were printed in Dublin by Ebenezer Rider, and from

that collection we propose to reprint the most important of them, as

the best and most solid answer to misrepresentation.

The Parliament which passed those Acts was the first and the last which

ever sat in Ireland since the English invasion, possessed of national

authority, and complete in all its parts. The king, by law and in

fact--the king who, by his Scottish descent, his creed, and his

misfortunes, was dear (mistakenly or not) to the majority of the then

people of Ireland--presided in person over that Parliament. The peerage

consisted of the best blood, Milesian and Norman, of great wealth and

of various creeds. The Commons represented the Irish septs, the Danish

towns, and the Anglo-Irish counties and boroughs. No Parliament of

equal rank, from King to Commons, sat here since; none sat here before

or since so national in composition and conduct.

Standing between two dynasties--endangering the one, and almost

rescuing the other--acting for a nation entirely unchained then for the

first time in 500 years--this Parliament and its Acts _ought_ to

possess the very greatest interest for the historian and the patriot.

This was the speech with which his Majesty opened the Session:--

_My Lords and Gentlemen_,

The Exemplary Loyalty which this Nation hath expressed to me, at a

time when _others_ of my _Subjects undutifully misbehaved

themselves to me, or so basely deserted me_: And your seconding my

Deputy, as you did, in His Firm and Resolute asserting my Right, in

preserving this Kingdom for me, and putting it in a Posture of

Defence; made me resolve to come to you, and to venture my life

with you, in the defence of your Liberties and my Own Right. And to

my great Satisfaction I have not only found you ready to serve me,

but that your Courage has equalled your Zeal.

I have always been for Liberty of Conscience, and against invading

any Man's Property; having still in my Mind that Saying in Holy

Writ, _Do as you would be done to, for that is the Law and the

Prophets_.

_It was this Liberty of Conscience I gave, which my Enemies both

Abroad and at Home dreaded; especially when they saw that I was

resolved to have it Established by Law in all my Dominions, and

made them set themselves up against me_, though for different

Reasons. Seeing that if I had once settled it, _My people_ (_in

the Opinion of the One_) would have been too happy; and I (_in the

Opinion of the Other_) too great.

_This Argument was made use of_, to persuade their own People

to joyn with them, and to many of my Subjects to use me as they

have done. But nothing shall ever persuade me to change my Mind as

to that; and wheresoever I am the Master, I design (God willing) to

Establish it by Law; and have no other Test or Distinction but that

of Loyalty.

I expect your Concurrence in so Christian a Work, and in making

Laws against Prophaneness and all Sorts of Debauchery.

I shall also most readily consent to the making such Good and

Wholesome Laws as may be for the general Good of the Nation, the

Improvement of Trade, and the relieving of such as have been

injured by the late _Acts of Settlement_, as far forth as may

be consistent with Reason, Justice, and the Publick Good of my

People.

And as I shall do my Part to make you Happy and Rich, I make no

Doubt of your Assistance; by enabling me to oppose the unjust

Designs of my Enemies, and to make this Nation flourish.

And to encourage you the more to it, you know with what Ardour and

Generosity and Kindness the Most Christian King gave a secure

retreat to the Queen, my Son, and Myself, when we were forced out

of _England_, and came to seek for Protection and Safety in his

Dominions; how he embraced my Interest, and gave me such Supplies

of all Sorts as enabled me to come to you; which, without his

obliging Assistance, I could not have done: _This he did_ at a Time

when he had so many and so considerable Enemies to deal with: _and

you see still continues to do_.

I shall conclude as I have begun, and assure you I am as sensible

as you can desire of the signal Loyalty you have expressed to me;

and shall make it my chief study (as it always has been) to make

you and all my Subjects happy.

These were the Acts of that memorable parliament.

CHAPTER I.

An Act of Recognition.

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