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
All who held themselves aggrieved and all who hoped to gain by a fresh
agitation, now thought the time propitious for an attack on the Acts
of Settlement and Explanation. A commission signed by six peers and
fifty-two others was given to Richard Talbot, who had been all along
engaged in similar business, as their plenary agent, with power to
call in two or more assistants and to promote petitions to King and
Parliament. They set forth that, contrary to the royal declaration and
intention, they had been 'exposed to extreme exigencies, groaning these
many years past under the insupportable burden of misery and poverty
for want of subsistence and having no refuge left but to prostrate
at His Majesty's feet for justice and compassion.' A few weeks later,
Talbot accordingly petitioned the King in Council, and a committee,
which included Ormonde, was appointed to consider the question. Talbot
and the Irish barrister whom he was allowed to employ enlarged upon the
great services of the Irish generally instead of relying on cases of
individual hardship. They ignored the rebellion, represented Ormonde
as having been driven from Ireland by the Cromwellians alone, objected
to the constitution of the Irish Parliament, and demanded an Act of
Indemnity. They desired an impartial enquiry, and that in the meantime
no undisposed land should be granted away. Ormonde was thus driven to
recall the facts of the war, the broken peaces, and the excommunication
launched against himself. Before proceeding further a report was
called for from Finch, now Attorney-General, who had drawn the Act of
Explanation, and in a few days he made a very able statement, which was
afterwards committed to writing. In this document a clear account is
given of all the proceedings connected with the settlement. Finch does
not deny that there were cases of hardship, but he altogether objected
to upset in the English Parliament what had already been done after
the greatest deliberation in Ireland, 'for the consequence of this
would be that Ireland should be always settling, but never settled.' He
strongly asserted the power of the English Parliament to make laws for
Ireland, subject, however, to nullification by the legislature there.
As to an Act of Indemnity, certainly it would be a good thing for
Ireland, provided it was not used to upset the arrangements as to land.
But the Irish rebellion was specially excepted from the English Act of
Oblivion, and it was doubtful whether Parliament would change that.
Probably Talbot and his friends would care very little for any relief
that did not alter the title to land, 'for few Irish rebels are less
than fifty years old now, and no man goes about to trouble them for
that crime.' Finch's opinion, coinciding as it did with Ormonde's, made
it evident that nothing could be expected from the first committee. It
was therefore superseded by another, from which Ormonde was excluded,
but of which Buckingham, Ashley, and Lauderdale formed part. This was
Public-domain text, read in full here on John Shaqi.
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