Veneris, 12 die Januarii;
5° Gulielmi et Mariæ.
SIR Joseph Tredenham presented to the House, according to Order, a Bill for Sale of the Estate of
Susan Chaplin, and Dorothy her Daughter, for Payment
of Debts, and making Provision for the said Dorothy and
Susan: And the same was received, and read the First
Resolved, That the Bill be read a Second time.
Ordered, That Sir Tho. Mompesson, Mr. Campion, Sir
John Bolles, Sir Tho. Roberts, Sir Ra. Dutton, Mr. Dyot,
Mr. Clarke, Mr. Bennet, Mr. Dowdswell, Mr. Blowfield,
be added to the Committee, to whom the Examination
and Consideration of the Petition of Sir Charles Holt
Baronet is referred.
A Bill for taking away the Capiatur Fine in the several
Courts at Westminster was read the Second time.
Resolved, That the Bill be committed to Mr. Waller,
Mr. Hungerford, Mr. Christy, Sir Roger Puleston, Mr.
Wilmot, Colonel Deane, Mr. Kenyon, Mr. Blofield, Mr.
Hawtry, Mr. Dryden, Mr. Herbert, Mr. Hutchinson, Mr.
Lloyd, Sir Fra. Winington, Mr. Slater, Mr. Gilbert, Sir
Hen. Goff, Mr. Hedger, Mr. Lutterell, Mr. Fuller, Sir Fra.
Drake, Mr. Proby, Mr. Cooke, Mr. Travers, Mr. Lassells,
Mr. Burdet, Mr. Papillion, Mr. Bockenham, Sir John
Moreton, Mr. England; and all the Gentlemen of the
Long Robe: And they are to meet this Afternoon at
Four of the Clock, in the Speaker's Chamber: And are
impowered to send for Persons, Papers, and Records.
Lea her Cutting.
A Bill for making more effectual a Statute made in
the First Year of King James the First, concerning Tanners, Curriers, Shoemakers, and others, occupying the
Cutting of Leather, was read the Second time.
Resolved, That the Bill be committed to Mr. Goldwell,
Sir Chr. Musgrave, Sir John Knight, Mr. Hedger, Mr.
Cook, Sir Ro. Davers, Mr. Hungerford, Mr. Campion,
Mr. Waller, Mr. Henley, Mr. Newport, Mr. Fuller,
Mr. Fenwick, Mr. Jeffryes, Mr. Blofield, Sir Ra. Carr,
Mr. Hawtry, Sir Edw. Hussey, Sir John Barker, Mr.
Sanford, Sir Jos. Tredenham, Mr. Lloyd, Mr. Lutterell,
Mr. Onslow, Sir Cha. Bloys, Mr. Nicholas, Mr. Christy,
Mr. England, Sir John Key, Mr. Kenyon, Sir Cha. Raleigh, Mr. Kerby, Sir Wm. Scawen, Colonel Lee, Mr.
Arnold, Sir Tho. Roberts, Mr. Slater: And they are to
meet this Afternoon at Four a Clock, in the Speaker's
Exporting Copper, Iron, &c.
Ordered, That Leave be given to bring in a Bill for
the Exportation of Copper, Iron, and Bell-Metal: And
that Mr. Hungerford do prepare, and bring in, the same.
Ordered, That the Lord Cornbury, Sir Cha. Raleigh,
Sir Walt. Young, Mr. Sandford, Colonel Lee, Mr. Pollexfen, Sir Tho. Vernon, Mr. Thornhaugh, Major Vincent, and
all the Members that serve for the Sea-ports, and CinquePorts, be added to the Committee, to whom the Examination and Consideration of the Petition of the Merchants of Mounts-Bay, in Cornwall, is referred.
Hawker and Pedlars
Ordered, That the Bill against Hawkers and Pedlars
be read the Second time To-morrow Morning.
Sir Rowland Gwynn reported, from the Committee appointed to receive Proposals concerning the Forfeitures in
Ireland; and likewise for securing the Protestant Interest
there; the Proposals received by the said Committee;
which he read in his Place; and afterwards delivered
the same in at the Clerk's Table: Where the same was
read; and is as followeth; viz.
That the Irish were, by the Court of Claims, after the
Restoration, decreed to Two Millions Three hundred
and Twenty-three thousand Eight hundred and Nine
Acres profitable Land, English Measure, under the following Qualifications:
|Decrees of Innocency,
|King's Letters of Restitution,
|Nominees in Possession,
|The English were decreed to
|All which, added together, make
|The Lands surveyed, as forfeited, amount to
|Of which there being disposed by the Court of Claims,
|There remained undisposed of,
These Lands undisposed are either, Parts or Fractions of Towns possessed by Irish or English promiscuously without Title; or were, when Ireland was distributed unto the Adventurers, Soldiers, and transplanted
Persons, looked upon as doubtful, whether forfeited or
not, and so were never set out; a further Enquiry into
the Title of those Lands before they were disposed of,
being intended: For which Reason, those Lands never
came under the Cognizance of the Commissioners of the
Court of Claims; nor were they claimed by any.
These Lands have most of them, since the Court of
Claims, been passed in Patent to those that discovered
them, both before, and in the Court of Grace, without
Distinction of English or Irish; the Person in Possession,
and making the Discovery, being to have Preference:
What Proportion hereof fell to the English, and what to
the Irish, cannot be ascertained: But, admitting that no
more thereof than 176,191 Acres, which is less than a
Fourth Part, fell to the Papists Share, it will make, being added to what they were restored to by the Court of
Claims, Two Millions and an Half of profitable Acres,
This Estimate is, according to the generally received
Opinion of those who very well understand that Kingdom, Half a Million of Acres less than what the Irish
were possessed of at the time of their present Majesties
Accession to the Crown: But, to keep greatly within
Compass, supposing them to be possessed of no more than
Two Millions and a Half of Acres, It is to be considered what Part hereof, by the late Rebellion, is forfeited, and what not; and what Part of the Forfeitures
are remitted by the Articles of Gallway and Limerick.
It is notorious, that not an Irishman, who was in Ireland during the late Rebellion, and capable of being
guilty thereof, either by being actually in Arms, or by
aiding, abetting, and assisting the Rebels, is innocent: So that the only Persons, presumed to be so, are
either, such as continued in England during the whole
time, of which there are not above Three or Four
known: or Infants of such an Age as could not capacitate them to bear Arms, or abet and assist the Rebels:
In both which Cases it is to be noted, That the Heirs, or
next in Remainder, may have been, and probably were,
What shall be lessened of the Forfeitures in both the
foregoing Cases, will be abundantly supplied by the Purchases made by the Irish Lawyers, Physicians, Merchants, and other Papists, since the Court of Claims;
many of them having purchased very considerable Estates
on the new Interest; the whole Body of the Irish Nation
being a thriving People during the Two last Reigns.
That then which will lessen the Forfeitures from being
at least Two Millions and a Half of Acres, are the Articles.
For the making a reasonable Estimate how much will
be restored by the Articles, It is to be considered, Who,
of Right, are intitled to the Benefit of them.
By the First Article of Limerick, all Inhabitants and
Residents of Limerick are included: But how far those
Words will extend, deserve mature Consideration; seeming, according to common Acceptation, to design no
other, than such as had, for some time before, been
Housekeepers, and paid Scot and Lot there; and not
Inmates, and Persons come into the Town, and sent for
thither, just before the Signing of the Articles, on purpose
to claim the Benefit thereof.
All Officers and Soldiers in Garisons are likewise capitulated for, who should submit, &c.: Where it is to be
considered, What shall be deemed a Garison; upon which
very considerable Estates depend.
There are a Third Sort, which claim the Benefit of the
Articles, by virtue of the additional Article, said to be
agreed to, but omitted in the perfected Articles: And
these are computed to be at least One half of those who
claim the Benefit of the Articles: How far this additional
Article shall take place, is humbly submitted.
On the Whole, it is humbly proposed, That the Saving
for the Limerick and Galloway Articles may be in negative Terms, and not any positive confirming Words;
forasmuch as it is hoped the Injustice of that additional
Article may be discovered: But, supposing the additional Article be admitted, it will then be enquired,
What will be restored by the Articles.
Of this, a certain determinate Calculation cannot be
made; all those who pretend to the Benefit of the Articles, not having made Claim; of those who have claimed,
and are adjudged by the Lords Justices, and Council, to
have the Benefit of the said Articles, many are supposed
not to be rightfully intitled thereto; others, not to have
appeared to be so to them, although adjudged: An Instance whereof is plain in the Case of Sir James Cotter,
who, claiming the Benefit of the Limerick Articles, was
opposed by Mr. Serjeant Osborne, on their Majesties behalf, on this Suggestion; That, supposing him within the
Benefit of the Articles, he had forfeited his Right thereto;
and insisted to have this Matter heard at the CouncilBoard, both on Account of the Precedent, which might
be of ill Consequence in other Cases, and likewise, for
that a very considerable Estate depended hereon: But in
this he was over-ruled; the Examination referred to Sir
Richard Cox and Mr. Carlton; on whose Report, Sir
James Cotter was adjudged within the Limerick Articles,
and restored to his Estate.
All Persons who have taken Protection, are excepted
out of the Articles; notwithstanding which, several claim
the Benefit of the Articles, whose Wives, Children, or
Friends, had desired Protections for them, and accordingly had such Protections: Notwithstanding which, the
Exception out of the Article has been evaded, by the
Protection's not being delivered into the Hand of the very
Those who were on the Place, and made the strictest
Observation, conclude, That not above Two Fifths of
the Irish have any just Pretence to the Benefit of the
Articles of Galloway or Limerick, even the additional Article being admitted: But, putting this beyond Exception,
admitting Three Fifths, which is yet unconceivable, to
be intitled thereunto, there will then remain a Million
of Acres forfeited, which are worth, a good Title being
made to the Purchaser by Act of Parliament, a Million
of Money Sterling.
In order to the selling of which, it is humbly proposed,
That the Gentlemen of Ireland may have Fee-Farms
granted them of the forfeited Estates, at greater or lesser
Rents, according to the respective Value of the Lands
by them taken; they giving collateral Security by
Statute-Staple, or such other way as shall be thought fit,
of equal Value to the Estates by them taken; which
Rents, so secured, will be very well worth Ten Years
As to the Value, Whoever considers, That one Acre
with another is rated but at 2s.; and, That the greatest
Part of the Forfeitures happen to be in Leinster, and
Munster; Land, in the former of which, by reason of
its Goodness, and Nearness to Dublin, letts at the best
Rate of any Part of Ireland; and the latter, by reason of
its Situation for Trade, has the best and quickest Markets
in that Kingdom; cannot but allow the Rent moderately
set: But when to this it is added, That the Number of
Acres calculated are what are returned by the Survey;
when, in Truth, each Parcel of Land contains considerably more than what it is surveyed at, besides all the
Land returned as unprofitable thrown in; all the Country
Towns, Villages, good Houses, Fisheries, Wares, Ferries,
Mills, Fairs, and Markets; and all the Timber, and
other Woods, not being reckoned; it must be allowed,
That it cannot exceed Twenty-pence an Acre, probably
There seems to be but one material Objection against
this Calculation of the Forfeitures being worth a Million;
which is, The Incumbrances which shall appear to be on
these forfeited Estates.
To which it is to be answered, First, That the Incumbrances are pretended to be very much greater than
they are, where they are real: Secondly, Incumbrances
are pretended, where there is not the least Pretence,
being old Debts trumped up: which have been long since
satisfied, or are such as would not have affected the
forfeited Estate, or his Person; and it cannot be presumed
reasonable, That such should affect the Estate, when
forfeited; but many such are let slip in the Croud,
through Favour, or Negligence: But, Thirdly, All real
Incumbrances will be supplied, and more, by the Incumbrances the forfeiting Irish have on Englishmens
Estates, if well examined into.
It may be objected, That these forfeited Estates have
never yielded near the Sum proposed.
To which it is answered, First, That the forfeited
Estates have been set but from Year to Year; on which
Terms no Tenant would take, in the Condition the
Kingdom now is, at one Quarter-part of the Value:
2dly, Some Grants, and so many Custodiums are made,
that the Commissioners of the Revenue cannot know the
Value of the Forfeitures: 3dly, Orders are issued by the
Commissioners of the Revenue to several Terr-Tenants;
setting forth, That forasmuch as the Proprietors have
been indicted, but not outlawed, nor have been yet
tried, requiring the Tenants to pay their respective Rents
to the old Proprietors; by which means the said Rents
are struck out of Charge in their Books: 4thly, Several
Persons, of considerable Estates, have procured the
Reversal of their Outlawries, though within no Articles:
5thly, The greatest Skill imaginable has been used for
concealing the real Value of the Forfeitures; a most
notorious Instance whereof appears in the Earl of Clancartie's Estate, which was always accounted worth at least
6,000 l. per Annum; and was returned by an Inquest,
who were to enquire into the Value of it, in order, as is
presumed, to the making a Grant thereof, but at Ninescore Pounds a Year: This is Matter of Fact, and can be
Though it seems plain, That, if the forfeited Estates of
Ireland before-mentioned be settled by Act of Parliament
in England, so as that a sure Title may be made to the
Parchaser, and that a just and fair Adjudication be
made upon the Articles, a Million of Money may be
raised thereby; yet there is this further Addition to be
made to what has been herein before proposed; which,
it is hoped, may answer any Objection than can be made
as to the Value.
The Forfeitures in Cities, and Towns Corporate, are
very considerable; but cannot be reduced to certainty,
there being no Rule to make a Calculation by.
The forfeited Tythes, and Impropriations, are likewise
In Cromwell's time, the sequestered Tythes, and Impropriations, were set for 60,000 l. a Year: Of the Estates
then sequestered, Two Thirds were decreed to the English,
and One Third to the Irish; of which 3d, Two Fifths
are before supposed forfeited: From whence it is presumed, That Two Fifths of their Proportions of the Tythes,
and Impropriations, are likewise forfeited; which, at the
Rate they formerly set at, comes to 8,000 l. per Annum.
The Forfeitures of the personal Estates were great,
though very little has been hitherto accounted for: The
House of Commons in Ireland seemed of Opinion, That
if the Embezilments thereof were strictly enquired into,
a sufficient Fund would arise thereout for discharging the
Arrears due to the Army: The Tract of Time, and Mismanagement of that Affair hitherto, has, no doubt, put
a great deal beyond being retrieved; but yet it is humbly
proposed, That some Part might be still recovered, if
faithfully and diligently enquired into: All which put
together, it is humbly hoped, may be judged a very
sufficient Fund for raising a Million of Money.
Fifty-two Rebellions, which the Irish have been guilty
of, may sufficiently evince, That nothing can reconcile
the implacable Hatred of them to the British Nation:
And the only Way of securing that Kingdom to the
Crown of England is, the putting it out of the Power of
the Irish again to rebel; gentle Means having hitherto
always proved ineffectual; and the Favour they received
after being conquered in one Rebellion, always laid a
Foundation for the next.
The Rebellion that broke out the 23d of October 1641,
was carried on with that Malice and Privacy, as not to
be discovered till the very Day before their Barbarity was
to have been put in Execution; and this at a time, when
the Papists enjoyed the greatest Immunities and Favours
from the Government: They enjoyed the free Exercise
of their Religion, in as publick a manner as the Protestants did: They had their titular Archbishops and Bishops;
their Regular and Secular Clergy; and publick Nunneries:
They had likewise an equal Share with the Protestants in
the Civil Power, by being Justices of the Peace, Sheriffs
of Counties, and, without Discrimination, Members of a
Parliament then in being: All which Advantages were
by them thought too little to oblige them to Fidelity
to the Crown of England.
This Rebellion, besides the many Thousand British
Protestants massacred, and Englishmens Lives lost, cost
10,778,031 l. Sterling, over and above the Loss sustained
by the British Protestants, computed, in the Whole, at
Twenty-two Millions: And though in the late Rebellion
the Protestants were not massacred; yet it is notoriously
known, That their Deliverance is no-way due to the
Temper of the Irish Papists being altered, but to the
Hopes the late King James had of returning into
England; which must have been wholly taken away, by
shewing the People of England what they might expect,
had the Protestants of Ireland been massacred: This,
though so great a Consideration, with much Difficulty
prevailed upon the Irish Papists: Nor had it done so, but
that it was backed by the repeated Promises of the late
King James, That the Irish should have very great
Estates granted them in England, which would be forfeited to him: So that it seems reasonable to conclude,
That nothing less than putting it entirely out of the
Power of the Irish Papists, can prevent future Rebellions,
and obviate the Danger of the Loss of that Kingdom to
In order to which, it is humbly proposed, That the
selling all the forfeited Estates of that Kingdom, not
remitted by the Articles of Galloway and Limerick to
Protestants, will so strengthen the Protestant, and weaken
the Popish, Interest of that Kingdom, that future Rebellions will, with much more Ease, thereby be prevented,
than otherwise they can.
By the Intermission of Parliaments in that Kingdom
for 27 Years, the Protestants were in imminent Danger
of losing both their Religion and Liberties; and the Irish
Papists (by whose Interest, during the Two last Reigns,
the Calling of Parliaments was always prevented, though
earnestly pressed for by the English) received such
Advantages as has greatly strengthened their Interest in that
Kingdom; and they are become much more formidable
than formerly they were, or otherwise could have been:
For, had Protestant Parliaments been called, effectual
Care would have been taken for preventing the Growth of
Popery, and the growing Power of the Papists.
The Parliament called the last Year in Ireland sat so
little Time, as not to be able to consider of those many
Laws that were necessary to be enacted, for the Good
of the Kingdom, after so long an Interval of Parliaments;
but agreed, That several Bills, enacted in England since
the 10th Hen. VIIth, were fit to be passed into Laws in
Ireland; which will at large appear by the annexed Votes
of the House of Commons: Besides which Acts, several
others were designed; some of which follow.
By Experience it was found, in Cromwell's Time, That
pecuniary Mulcts on Papists, for not going to Church,
had brought the greatest Part of that Nation to be Protestants; and, though upon the Restoration of King
Charles the Second most of them turned to Mass again,
had that method been prosecuted, their Children, having
been bred Protestants, would probably have continued
so at this Day; and thereby the late Rebellion have been
prevented: To obtain which Happiness to future Ages,
it was designed to have addressed the Lord Lieutenant,
That a Bill might be drawn, for putting the Laws in
Force against Papists in due Execution; with such further
Clauses as might be necessary for accomplishing so good
The many Popish Schools in Ireland, and sending
their Children to the Universities in France, was, and is
at this Day, one great Reason of the inveterate Malice of
the Irish to the British Protestants; Prejudice of Education having greatly added to their innate Hatred of the
English; which, in Process of Time, might have been
very much lessened by prudent Methods; in encouraging
Protestant Schools, forbidding all Popish ones; by preventing their being sent into France; and giving some
Encouragement to such as should breed their Children
Protestants: For the effecting which, a Bill was designed
with a Clause against such as should marry Papists,
incapacitating them for all Offices of publick Trust.
The English, when Ireland was first planting, although
then of the same Religion with the Irish, thought it
necessary for their Safety to make a pale, within which
no Irishman might inhabit, under great Penalties: The
English being now much more numerous than at that
Time, and of a different Religion from the Irish; and
having suffered so severely by the Two late Rebellions; it
was thought worth the most serious Consideration, in
what Places British Pales might be made, especially on
the Sea-Coast; whereby the Danger of any Invasion from
abroad might be prevented, as well as of future Rebellions at home, by the English being embodied, and
thereby much better secured than they are now by the
These, and many other Things, being duly considered
by a Parliament, It was hoped such effectual Course
might be taken, as should secure that Kingdom from
future Rebellions, and likewise settle the distracted Condition in which now it lies.
Wherefore, it is humbly proposed, That a Parliament
called in Ireland, for passing such Laws as shall be judged
necessary for the Security thereof; for redressing past and
present Grievances, and preventing the like for the future;
will probably prove the most effectual Way for securing
that Kingdom: For the accomplishing which, no Method
can be so proper, as what shall be advised by the collective
Body of the whole Nation.
All which matters are, with the greatest Deference,
Resolved, That the Consideration of the said Report
be referred to the Committee of the whole House, who
are to consider further of Ways and Means for raising
the Supplies to be granted to their Majesties, for the
Maintenance of the Fleet, and Land-Forces, for the
Service of the Year 1694.
Ordered, That the said Committee, appointed to receive the said Proposals concerning the Forfeitures in
Ireland, and for securing the Protestant Interest there;
do still continue to sit: And that the said Committee have
Power to receive Proposals for the English Forfeitures.
Ordered, That a Bill be brought in to vest the forfeited
Estates in Ireland in their Majesties, to be applied to the
Use of the War.
And it is referred to Sir Edward Seymour, Sir Chr.
Musgrave, Mr. Chancellor of Exchequer, Sir Fr.
Winington, Mr. Solicitor-General, Sir Rowland Gwyn,
Mr. Smith, Mr. Harley, Mr. Boyle, Mr. Hutchinson,
Mr. Serjeant Blincoe, Mr. Hungerford, or any Three of
them, to prepare, and bring in, the same.
Ordered, That a Bill be brought in to vest the forfeited Estates in England in their Majesties, to be applied
to the Use of the War: And that the same Committee do
prepare, and bring in, the same.
Resolved, That this House will, upon Wednesday Morning next, resolve itself into a Committee of the whole
House, to consider of the Bill for the Naturalization of
all such Protestants as shall take the Oaths to their
Majesties, and the Test against Popery.
Disfranchising Stockbridge Borough.
Ordered, That the Bill to disable the Borough of
Stockbridge, in the County of Southampton, from sending
Burgesses to serve in Parliament for the future, be read
the Second time, upon Wednesday Morning next.
Supply Bill; Land Tax.
The House, according to the Order of the Day,
resolved itself into a Committee of the whole House, to
consider further of the Bill for granting to their Majesties
an Aid, for the carrying on a vigorous War against France.
Mr. Speaker left the Chair.
Sir Thomas Littleton took the Chair of the Committee.
Mr. Speaker resumed the Chair.
Sir Thomas Littleton reported from the said Committee,
That they had made a further Progress in the Bill; and
had directed him to move, That they may have Leave to
Resolved, That this House will, To-morrow Morning
at Ten a Clock, resolve itself into a Committee of the
whole House, to consider further of the said Bill.
Ordered, That all Committees be adjourned.
And then the House adjourned till To-morrow
Morning, Nine a Clock.