Ireland under the Stuarts and During the Interregnum, Vol. 3 (of 3), 1660-1690Bagwell, Richard
History
Ireland under the Stuarts and During the Interregnum, Vol. 3 (of 3), 1660-1690
Bagwell, Richard
Ireland -- History -- 17th century
Another committee was named to criticise the Bill, the chief
doubt being as to the sufficiency of the vesting clause. Those who
thought themselves aggrieved by the decisions under the first Act were
determined to leave nothing to chance. The third reading was taken on
November 29, and the House then proceeded to formulate its objections
in the shape of a petition to the Lord Lieutenant.[45]
[Sidenote: Two hard cases.]
The most important question raised by the Commons' petition concerned
the interpretation of words in the first clause, which vested in the
King all lands 'seized or sequestered by reason of the late horrid
rebellion which began on October 23, 1641.' Some lawyers held that it
was necessary to prove in each case separately that the owner of land
on that fatal day had been actually engaged in rebellion, a doctrine
which shook the title of all the men in possession. There was also
some doubt whether the new proprietors would hold their land in fee or
as tenants for life, but the Irish judges had decided in the former
sense. The Lord Lieutenant, first orally and then in writing, answered,
promising that doubts should be decided in a manner agreeable to the
parliamentary majority and to the intention of those who had passed the
Bill, which could only be amended by a subsidiary Act. Any attempt at
fresh legislation was dangerous where so many discontented persons were
involved, and the rock was avoided by asking the opinion of the English
judges on the first point. Ten of them, including Sir Orlando Bridgeman
and Rainsford, the late commissioner of claims, held that the disposal
of land within the meaning of the Act would of itself be good evidence
that it was vested in the King, and that the burden of proof lay upon
the party whose former property had been seized or sequestered. As to
Fitzgerald and Magill, whose lands had never been seized but who were
treated as if they had been, the House of Commons were of opinion that
they were innocent--nothing having been proved or even stated against
them. Counsel for the Knight of Kerry said their client was 'of English
extraction, never attainted, a matter rare in an Irish pedigree, but
constantly loyal.' In these hard cases Ormonde promised to do his best,
and this was something more than a common official answer since clause
159 provided that doubtful points might be decided by an order in
council having the force of law.'[46]
[Sidenote: Violent opposition to the Bill;]
[Sidenote: but it passes without a division.]
Public-domain text, read in full here on John Shaqi.
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