Advanced search
Search our clients sites
Send the location of this page to a friend.

A History of Ireland.

Volume 2

by Eleanor Hull

1931

IX.—JAMES II IN IRELAND

;

The outstanding event of European history during the second half of the seventeenth century was the gradual decline of the power of Spain and the growth of French ascendency. French wealth and French supremacy, of which the foundations had been laid by Richelieu, increased rapidly under the rule of his successor Mazarin and during the long rule of Louis XIV, whose reign of seventy-two years began when Charles I was King of England and lasted until the accession of George I. The great armies of France were constantly engaged in civil and foreign wars, while her growing navy and her aggressive diplomacy made her the most formidable state in Europe. The downfall of Spanish supremacy was sealed by the Treaty of the Pyrenees in 1659, and the only other Continental nation that could challenge the paramount position of France was that of the Dutch, whose fleets had shown themselves the equal of those of England on the seas and whose rapidly expanding trade threatened that of her great rival. This new balance of power which had been taking place during the Protectorate and the reigns of the later Stuarts profoundly affected affairs both in England and Ireland.

A contemporary author speaks contemptuously of the battle of the Boyne as "but a skirmish between nine regiments without cannon or entrenchment and an army of thirty-six thousand choice men, for the defending and gaining of a few passes upon a shallow river";[1] but posterity has more justly judged it as one of the decisive battles of history. It was a European battle fought, almost by chance, on Irish soil, and on the decision there arrived at depended not only the fate of James and William as rivals for the throne in England and Ireland, but the question whether the influence of France was to be paramount in English politics, and whether England was to become again a Catholic power resting upon the alliance with France. Its European character is shown by the varied bodies of troops that fought on both sides. William's troops were a mixture of Dutch, Swedes, Germans, and Danes, along with his English and Scottish army. Their commander was Marshal Schomberg, a stout old Huguenot soldier still in arms at the age of eighty-two.[2] The forces of James, largely composed of French troops, were also officered by French commanders. De Rosen, De Lauzun, and St Ruth were at different times in command of bodies of the foreign forces that fought with James's army, and even of his Irish troops. It was clearly a battle between Catholic France and Protestant Holland as much as a battle between rival kings for an English throne. It is necessary to grasp the position clearly if we would understand the importance of the campaign of James and William in Ireland, and we must therefore look back to the causes which brought William over in 1690 to fight in Ireland for the crown of England.

[1] J. T. Gilbert, A Jacobite Narrative of the War in Ireland, 1688-1691, called "A Light to the Blind" (1892), p. 102.
[2] The Duke of Schomberg, though he had risen to be Marshal of France, had been obliged to leave that country after the revocation of the Edict of Nantes in 1685. He entered the service of William of Orange in 1687.
During the whole of the Stuart period the ties between the Stuart princes and France had been growing closer. From the time of Mary of Guise, the French wife of James V of Scotland, the Stuarts were half French by birth and temperament, as well as more than half Catholic in religion. Their daughter, Mary Queen of Scots, was far more French than Scottish; her grace and brilliance and the voluptuous passions which brought about her ruin drew little from her father's side. In her girlhood she had been married to the Dauphin of France, and French designs in England centred round her fortunes. Charles I had for his wife the clever and intriguing Queen Henrietta Maria, whose Court during her exile at Saint Germain was the gathering place for refugees from England. She endeavoured to direct their affairs in her own and her husband's interest, often to the confusion and despair of statesmen at home, whose plans did not always coincide with hers. She openly professed the Catholic faith, and she brought up her children with a strong leaning in that direction. Though Charles II postponed the avowal of his faith until his deathbed, he was only withheld from an earlier confession by the invincible distaste of his English subjects and the fear of losing his newly regained crown.

James was always a Catholic at heart. His life in England had been a continuous struggle for the confirmation of his right to the succession against a Parliament and people bent on his exclusion. At times the feeling against him was so strong that he had to withdraw from Court and live privately in Scotland or abroad. Even his marriage to a Protestant wife, Anne Hyde, daughter of that uncompromising churchman the Earl of Clarendon, and the marriage of one of his daughters, Mary, to William of Orange, did not suffice to allay the prejudice against the prospect of the reversion of the crown to a Catholic successor. But the Duchess of York, in spite of her Protestant upbringing, became a Catholic before she died, and the popular scare rose to a panic when, in 1673, James took as his second wife a niece of Cardinal Mazarin, Mary of Modena. Though James had not at this time openly acknowledged himself to be a Catholic it was evident that English Protestant kings were continuing the Stuart practice of marrying Catholic wives, whose sons would have a tendency to adhere to the faith of their mothers; and when his wife presented him with a son shortly before his flight from England in 1688 it seemed that the fears of the country would be realized. It was this final event which forced upon James the practical sacrifice of his crown. No effort was spared to spread the belief that the infant was not the son of James but a counterfeit boy palmed off as his child; but time proved the falsity of these ideas, and the babe survived to be known in later days as "the Old Pretender," the centre of Jacobite and Irish affections until they were transferred to his more attractive son, Charles Edward, the "fresh young branch" of Irish tradition.

There is no reason to doubt that James II came to the throne with a sincere desire for a general toleration in religious matters. His first act on his accession in February 1685 was a pledge to preserve the laws inviolate and to protect the Church. He had experienced in his own life the miseries inflicted by religious intolerance and suspicion, and he had no wish to lay the same burdens upon his subjects. Catholic at heart though he was, and determined that Catholics should in his time receive equal treatment with others, he showed no desire to force men's minds. " 'Tis by gentleness, instruction, and good example people are to be gained and not frightened into" the Catholic Church, "Our blessed Saviour whipt people out of the Temple, but I never heard He commanded any should be forced into it," are the sentiments he endeavoured to impress upon his son in 1692.[3] On one notable occasion he appealed to William Penn, the Quaker, who appears to have exercised a strong and wholesome influence over the King's mind, for a recognition of his views. Penn was returning thanks for the Quakers after the Declaration of Indulgence, which relieved them from sufferings which "would have moved stones to compassion." The King replied: "Some of you know (1 am sure you do, Mr. Penn) that it was always my principle that consciences ought not to be forced and that all men ought to have liberty of their consciences."[4] His firm adhesion to the tenets of his own Church made his desire to extend toleration to those of other ways of thought respected. In his own person the Sovereign was showing his disbelief in the maxim so long accepted that "it was impossible for a Dissenter not to be a rebel."[5]

[3] J. S. Clarke, Life of James II (1816), ii, 621 ; and see ibid., ii, 109 seq.
[4] Somers' Tracts (1813) (James 11), ix, 34.
[5] Ibid., ix, 57 ; i.e., all, including Catholics, who dissented from the doctrines of the Established Church.
But if James was before his day in his views on religious toleration he was not always wise in his methods of giving them effect. His attitude was that of a Catholic prince tolerating other bodies rather than of a nominally Protestant prince freeing Catholics from disabilities. In England the rapid admission of Catholics into offices of state and into the army, the swearing-in of four Catholic peers as members of the Privy Council, the large increase of troops, and even the gorgeous religious ceremonies at St James's Chapel might have been forgiven, but the public reception of a Papal Nuncio, the attempt to dictate to the authorities of the Universities whom they should elect as their Provost and Fellows, the King's tyrannical interference in Church matters, and, above all, his appointment of Tyrconnel, a strict and over-zealous Catholic, as Commander of the forces in Ireland, were too sudden and marked to be borne. A storm of opposition arose, which culminated in a renewal of the correspondence with William of Orange, who had long been watching from the Hague the career of his father-in-law and the course of events in England. It had not helped to lighten the difficulties of James that in the very year of his accession (1685) the policy of toleration in France had been abandoned, and the dragonnades or butchery of the Protestants by dragoons let loose upon the province of Languedoc were at their height; nor that in the same year the Edict of Nantes, which afforded protection to the Huguenots, was revoked. In six weeks eighty thousand Protestants were "whipped back" into the Church of Rome, and Englishmen saw over four hundred thousand Huguenots, many of them peaceful and industrious citizens, driven to take refuge on her shores by French tyranny.[6]

[6] Saint-Simon says about those who adjured: "From torture to adjuration and from that to communion there was often only twenty-four hours' distance, and executioners were the conductors and witnesses of the converts." E. Pilastre, La Religion au temps du duc de Saint-Simon (1909), pp. 291-292.
Neither Charles II nor James II could be called bigots. Charles II had endeavoured to follow a path of reconciliation by publishing in 1672 his Declaration of Indulgence, ordering that "all manner of penal laws on matters ecclesiastical against whatever sort of Nonconformists or recusants" should be suspended. Though the desire of Charles may have been to effect the relief of the Catholics, the Declaration permitted to them only the private exercise of their religion, while it permitted public worship to be held by Nonconformists. Among the multitudes of persons who profited by this measure the Quakers were specially numerous. These quiet, peaceful, determined people, who refused to take oaths or bear arms, were a source of constant irritation to their rulers; they went to prison without a murmur, and held immovably to their tenets alike in times of toleration and of persecution.[7] In Ireland a Quaker was held to be "worse than a Papist." Now they came back in thousands with the other Nonconformists from the gaols where they had lain since the Act of Uniformity was re-imposed in 1661. But the liberal views of King Charles were not shared by his Commons. They suspected a new "Popish plot" and refused supplies until the Declaration of Indulgence was withdrawn. Not content with this, they forced the King to sign the Test Act of 1673, requiring the oaths of allegiance and supremacy from every one holding office, civil or military, with a declaration against transubstantiation and the reception of the Sacrament according to the rites of the Church of England. The results were startling. James, the King's brother, then Duke of York, resigned his post as Admiral of the Fleet, and the resignations of hundreds of others in high civil and military offices followed. The people took this as a confirmation of their fears. They saw their King and Queen, and their future king and queen, all open or secret members of the Church which they were determined should not rule in England and, moreover, in close alliance with Catholic France, from which source Charles was not ashamed to draw a pension to strengthen him in independence of his own Parliament. During the ten years that followed the country gave itself up to one of those fits of uncontrollable panic that occasionally seize upon the populace of England. The panic was carefully engineered. Several supposed Popish plots, of which that of Oates in 1678 was the first, were invented to keep up the public terror. "The aversion to Popery had become in the English mind a sort of mania,"[8] and it was easy to impose upon it with the most absurd inventions. One wild tale succeeded another, with the result of making the religion of the Duke of York execrated and the determination to exclude him from the throne more than ever fixed. But in the end the desire to preserve the dynasty so lately restored prevailed over even these panic fears, and when Charles died his brother succeeded to the throne without opposition.

[7] Somers' Tracts (1813), ix, p. 28, seq.
[8] J. R. Seeley, Growth of British Policy (1895), ii, 181.
The moment at which James II became King was eminently one for prudent and conciliatory action. But James was neither prudent nor conciliatory, and the risings in Scotland under Argyll and in the west of England under Monmouth were symptoms of the growing discontent. James would make no concessions in what he believed to be matters of conscience, and on the day of the acquittal of the Seven Bishops from the Tower a formal invitation to come over and take the crown was sent to the Prince of Orange, James's Protestant son-in-law. The flight of James to France and the defection of his English supporters, even among the members of his own family, threw the King once more upon the hospitality of the French monarch, and the long exile at Saint Germain, though broken by attempts to regain his crown, began with the arrival of the flying King in December 1688. To the English the flight of James brought his power to an end; but to the Irish Saint Germain became, for the next fifty years, the centre of their interests and the cradle of their hopes. To James, on the other hand, Ireland was the one possible gateway through which he might return to England and recover his English throne. When the day of effort came he did not fail to utilize it. A Jacobean onlooker of the day remarks of James: "The King feared the Deity so much that he sacrificed his crown, life, and all that he had in the world at the altar of that holy fear."[9] The cynical remark contains the secret of the revolution of 1688. He had so "forced some wheels that he found the whole machine stop."[10]

[9] Tract called "A Light to the Blind," in Gilbert, A Jacobite Narrative of the War in Ireland, 1688-91 (1892). The tract has also been printed in the Royal Historical Manuscripts Commission's Tenth Report, Pt. v. (1885).
[10] J. S. Clarke, James II, ii, 156-157.
It has been the great misfortune of English rule over Ireland that changes of dynasty and changes of government which have grown out of some necessity of state in England and are acceptable to the people of that country have been at times totally opposed to the needs and wishes of the people of the sister country. In England, where the Catholic population was a small minority of the entire nation, the accession of a Protestant monarch seemed to the bulk of the nation a matter of paramount importance; the choice of William of Orange was, in fact, that of the people at large, however determined they were to put limits to his sovereign power. In Ireland no such need was felt. In spite of confiscations and plantations the Catholics were still in a large majority. Out of a total population of about 1,100,000 at the Restoration, some 800,000 were Catholics, the remainder being Protestants of all denominations, including members of the Established Church, Presbyterians, and Nonconformists. All had suffered in turn under the various Acts for the regulation of religion which the reign of Charles had seen passed in England, the Catholics perhaps least of all, for Ormonde's government had been, under Charles's direction, a lenient one. But during what may be called the years of the "Popish panic" in England, from 1678 to 1683, when imaginary plots were ascribed to the Papists of both countries, and wild, unfounded rumours were industriously spread and readily believed, measures of extraordinary severity were passed in quick succession. The most distinguished victim was Dr. Oliver Plunket, the revered Primate of Armagh, whose exemplary life and scholarly character made him as respected among Protestants as Bishop Bedell had been among Catholics forty years before. He was accused of being implicated in the invented plot of Titus Oates, and was brought to London and executed at Tyburn in 1681.[11] Some renegade friars whom he had reprimanded were suborned to swear away his life, when no witness, Protestant or Catholic, would appear against him from his own diocese.

[11] Moran, Memoirs of the Most Rev. Oliver Plunket; W. P. Burke, Irish Priests in the Penal Times, 1660-1760 (1914), p. 78, seq.
In the seventeenth century, Irish Catholicism stood with the bulk of the people for conservatism to the Throne, while England had passed rapidly from monarchy to republicanism, then through a military despotism and back to monarchy, only to overthrow the Stuart dynasty a second time in favour of a foreign king—all this in the course of less than half a century. A foreign observer remarked of the English of this period that they were a nation "dont la légèreté est connue; ils changent souvent d'idées."[12] The remark was equally true of the internal and external policies of the nation. But Ireland, through all these changes, stood unwaveringly behind the Stuarts, supplying money and troops as they were called for, following them into exile, suffering at their hands one disillusion and disappointment after another, but ready to welcome back James II when he fled forsaken by his friends and his nearest relatives on the arrival of William III. They welcomed him, indeed, with enthusiasm as the first of the kings that, as they believed, had visited their shores since Henry II; the brief visits of John and Richard II having faded in the course of centuries from the popular recollection.

[12] Torci, quoted in Seeley, Growth of British Policy, ii, 274, and see ibid., ii, 169.
On March 12, 1689, James landed at Kinsale, attended by a French fleet of over thirty warships, with thirteen attendant vessels of 2,223 guns and 13,000 seamen, and provided with 500,000 crowns in money. He was met at Cork by his Viceroy, Tyrconnel, and they reached Dublin on March 24, where they were received with expressions of joy. During the events that led up to and succeeded the visit of James, Richard Talbot, Earl of Tyrconnel, was the most conspicuous figure in Irish affairs. He had been appointed Viceroy in 1686 in succession to Lord Clarendon, son of the Chancellor and historian of the Rebellion, and thus a kinsman to the King.

Clarendon was a Protestant, and when the King became possessed with the design to make Ireland his place of refuge if the English should deprive him of his throne, he recalled Clarendon and appointed Tyrconnel, who had long really held the reins as Commander-in-Chief in Ireland, in his place. The new Viceroy was of good Anglo-Irish family, son of Sir William Talbot, who had been a representative lawyer of the Confederate party during the reign of James I. The Duke of Berwick says of him that he was a man of experience of the world, and, as the Duke of York's retainer, accustomed to good company.[13] " He was a man of very good sense, very obliging, but immoderately vain and full of cunning." Hamilton [14] 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 had had an extraordinary history. He was in Drogheda when Cromwell sacked the city, and was wounded and left for dead, but managed to escape in a woman's clothes, and made his way to Spain and Flanders, where he attached himself to the fortunes of the Duke of York; on whose return to England he became a gentleman of James's bedchamber.

[13] Memoirs of the Duke of Berwick (1779), i, 94-95.
[14] A. Hamilton, Memoirs of Grammont, ed. Sir W. Scott (1905), pp. 243-249; 295-298.
Handsome, reckless, and intriguing, "fighting Dick Talbot" or "lying Dick Talbot," as he was styled by his friends and enemies, became the talk of the town. His amours with the Court beauties, Lady Shrewsbury, Miss Hamilton (Lady Grammont), whom he married as his second wife, and Fanny Jennings, were varied by fighting in wars or in duels. On one occasion he called out Ormonde, and was clapped, not for the first time, into the Tower. But on Ormonde's recall from Ireland his regiment was given to Talbot, who soon afterwards was placed at the head of the Irish army. He lost no time in endeavouring to bring to pass his own prophecy that the Catholics would soon be in power and would pay off old scores. When he took leave of the Irish Privy Councillors on going to wait on King James at Chester to have his appointment confirmed, he characteristically told them that he had put the sword into their hands, and he prayed God to damn them all if they ever parted from it![15] He disbanded the Protestant militia and drove thousands of Protestant soldiers and officers out of the army, Ormonde's regiment among the rest. They fled, many of them, to Holland, and came back with William to fight the battle of the Boyne. The corporations and the army were made predominantly Catholic, and Catholic sheriffs, judges, and magistrates were appointed all over the country, Protestants being removed to make room for them. Tyrconnel followed the example of James in trying to force a Catholic Provost on Trinity College, Dublin. Finding themselves in the hands of men who showed every sign of making life in Ireland impossible, many Protestants left the country.

[15] King, State of the Protestants in Ireland, (1692), p. 39.
Rumours of intended massacres filled the land, memories of "the 1641" were revived, and a forged letter to Lord Mount-Alexander, warning him of a general rising, confirmed the fears of the Protestants. The result of the flight of the Protestant industrial classes is shown in a letter written from Dublin in 1689 which said that in eighteen months Tyrconnel had reduced Ireland from a place of briskest trade and the best-paid rents in Christendom to ruin and desolation.[16] He kept constantly in touch with France, and the French generals with whom he fought were friendly to him and never failed to speak well of him. D'Avaux said that "Tyrconnel was as zealous for King Louis as any French Viceroy could be." This was the condition of things when James arrived to win back his English crown by way of Ireland. His Jacobite chronicler insists that the eyes of the King were constantly fixed on this one point. He had not come to Ireland for any Irish purpose, but solely to regain his English crown. His affection for England breaks out at inconvenient moments. When d'Avaux hastened to James with the cheering news, as he conceived it to be, that the French fleet had beaten the English fleet, James burst out, "C'est bien la première fois, donc." No ingratitude or provocation, he often declared, should ever induce him to take the least step contrary to the interest of the English nation, which he ever did and must look upon as his own. In his Parliament in Dublin, the so-called "Patriot Parliament" of 1689, he could hardly be induced to abrogate the laws against his co-religionists,[17] "lest it might alienate from him the hearts of his Protestant subjects in England, whom he always courted"; and the huge Act of Attainder against the Protestant landowners, which was designed to repair his brother's unjust Act of Settlement, was wrung from him against his will. It is not, however, beside the mark to recall that James himself, as Duke of York, had been one of the largest profiteers by the Act, for under it he became possessed of over 120,000 acres of the best land in the country, recovered from Cromwell's regicides. This was not, however, the plea he put forward for the retention of the Settlement; he felt that the Act would drive from him his Protestant subjects without satisfying his Catholic adherents.[18] "Alas!" he exclaimed, as he signed this Bill, which went contrary to all his declarations of tolerance, "I am fallen into the hands of a people who ram that and many other things down my throat."[19]

[16] Chief Justice Keating's letter to King James.
[17] Charles O'Kelly, Macariae Excidium, ed. J. C. O'Callaghan, pp. 34, 36. This curious tract is written in the form of an allegory, the places and character's mentioned in it being introduced under feigned names. The writer was a colonel in James's Army and an eyewitness of the events he relates. A cheap edition, with the actual names, has been published by Count Plunkett and Rev. Edmund Hogan, under the title The Jacobite War in Ireland (1894).
[18] His reasons are given in Clarke, James II, ii, 355-361.
[19] C. Leslie, Answer to a Book entitled The State of the Protestants in Ireland, (1692), pp. 100, 125.
As an Act condemning to death and confiscation the persons and properties of over two thousand human beings, in and out of the country, this Bill of Attainder is probably one of the most extraordinary documents ever drafted. It seems more like an indiscriminate act of vengeance than a legal memorandum. It is full of errors in personal and place names, and the same names occur in different parts as subject to different penalties. It includes men of all ranks, from the Duke of Ormonde and the Earls of Cork, Roscommon, Meath, Drogheda, Leinster, Inchiquin, etc., down to merchants, yeomen, clerks, tailors, hosiers, brewers, and others of the trading classes, all, in fact, who were known or suspected of being in sympathy with or actively helping the party of the Prince of Orange.[20] Even the names of some of the supporters of James occur in it by mistake. Religion is not mentioned in it, but its general intention was to restore to the families of the old Catholic holders the lands taken from them by the Cromwellian settlement, for the recovery of which they had in vain looked to Charles II. It was preceded by a reversal of the Act of Settlement; it swept away 12,000,000 acres from the Protestants and from those Catholics who had in many cases purchased lands from them, and drove away in terror a multitude of owners, who now followed the fifteen hundred families who had already taken refuge in Scotland under Tyrconnel's administration So far as this Bill related to the restoration of properties to the original owners it cannot be said to be wholly unjust, but it was accompanied by a general condemnation to death, and it was as indiscriminate as any previous Act passed by the dictators of the country's fortunes. James himself said that the great improvement made in many of the estates under their new owners had so enhanced their value that the old possessors could have obtained an equal profit to that lost by their ancestors even if a competent income had been left to the new purchasers from the results of their own labours.[21] But the party uppermost at the moment was determined to take every advantage of the opportunity afforded to them to recover "not only their fathers' estates, but whatever else they had it in their power to enrich themselves by." "Reckoning themselves sure of their game...they thought of nothing but settling themselves in riches and plenty by breaking the Act of Settlement."[22] These are the comments of their own prince, who found himself embarrassed by the importunity of his Irish subjects and forced by them into acts certain to alienate his English supporters, thus risking the defeat of his main ambition to recover his English throne.

[20] Of the copies of these lists in existence, all differ from each other in numbers as well as in details. Harris, Life of William III, Appendix, pp. xliv-lvi gives 2461 names, but in this list some names are repeated twice; the London Gazette of July 1, 1689, records 2209 names. King, State of the Protestants in Ireland, gives a smaller number. For the terms of the Act see a tract entitled An Account of the Transactions of the late K. James in Ireland, (1690).
[21] J. S. Clarke, James II, ii, 358.
[22] Ibid., ii, 354.
The Bill, which was directed against those "notoriously joined in the rebellion and invasion of the Prince of Orange or who had been slain in the rebellion, and all those absenting themselves in England," as being implicated in his attempt, only gave the accused seven weeks in which to appear and stand their trial for treason. The delays in printing the Bill shortened even this brief period, and many of the accused must have seen it first in the London Gazette. A point which infuriated King James was that the Bill deprived him of his right, as sovereign, to pardon any of the accused, thus taking from him one of the main privileges and undoubted rights of the Crown. The flight of the King after the battle of the Boyne brought to an end the designs of his Irish supporters. Had he been victor he would undoubtedly have been called upon to put these Bills into effect, and Ireland would have seen another transference of property on a wholesale scale. Whether the death sentences would have been carried out it is impossible to know; in any case, there would have been an era of Catholic instead of Protestant ascendency. The Irish Parliament of James II met on May 7, 1689, while the siege of Derry was proceeding, and sat till July 18. Twenty-eight seats were vacant, because the occupants were on the fighting front. The 224 members who were returned represented every party in Ireland, except Ulster, which was in rebellion against James and fighting for the Prince of Orange.

Protestants and Catholics, English, Anglo-Irish, and old Irish for the first time since Henry VIII sat together in an Irish Parliament in Dublin. Members of the families of the O'Neills, O'Reillys, Maguires, and MacCarthys, the O'Tooles and O'Byrnes of Leinster, and the Kirwins, Blakes, and Martins of Connacht, sat with the Plunkets, Barnewells, and Butlers of the Pale. In the Upper House fifty-four members sat,[23] of whom four were dignitaries of the Protestant Church. Their leader was the notorious Anthony Dopping, Bishop of Meath, who led the opposition; Tyrconnel, recently created a Duke, being the leader of the temporal Peers. The new creations were the Lord Chancellor Fitton, who now became Lord Gosworth; Colonel MacCarthy, created Lord Mountcashel, soon to be known as the colonel of the famous "Mountcashel's Brigade"; Browne, who became Lord Kenmare; and Bourke, son of Lord Clanricarde, who was created Lord Bofin. Another afterwards famous name was that of Sir Daniel O'Brien, Lord Clare, who led "Clare's Brigade" in many a fight in the service of France. The Protestants in the Lower House were few, but this is not surprising when we remember that most of them were in sympathy with or in arms for William against James. Two of them were returned for Trinity College, Dublin. To the Irish nation, James was still rightful King of England and Ireland, come over to regain his crown, and the followers of William were regarded as rebels fighting against their lawful sovereign. Compared with the Dublin Parliaments of the past it might well be accounted the first really representative Irish assembly. It sat, too, under the personal authority of the Sovereign and in his presence. Among the thirty-five Acts passed by this Parliament were the Act of Recognition of James as Sovereign of England and Ireland, an Act for liberty of conscience, an Act repealing the Acts of Settlement and Explanation, an Act removing "all disabilities from the natives of this kingdom," and Acts to restrain counterfeit coinage, to raise money, to regulate tithes and rent, and to encourage industries.

[23] This is the calculation made by Thomas Davis in his The Patriot Parliament of 1689, but he seems to have included some who were absent. No Catholic Bishop was called to attend. The Acts of this Parliament were expunged by the Parliament of 1695 and ordered to be burned.
The Acts concerning tithes and rent were particularly calculated to relieve injustices in the past, and were far more considerate than those passed by later Irish Parliaments. Tithe was to be levied as hitherto, but was to be paid by Catholics and Protestants each to their own clergy. The levies made for the King's war expenses were to be paid by the occupier, but, where the land was let at half its value or less, the tenant was to pay only half the tax, "owing to the difficulty found by the tenants to pay their rents in these distracted times." But by far the most important Act of this assembly was that declaring anew the independence of the Irish Parliament, and repudiating the binding clause of Poynings' Act. The preamble runs as follows: "Whereas his Majesty's realm of Ireland is, and hath always been, a distinct kingdom from that of his Majesty's realm of England...it is hereby declared that no Act of Parliament passed or to be passed in the Parliament of England, though Ireland should be therein mentioned, can be or shall be in any way binding in Irelaand, excepting such Acts passed or to be passed in England as are or shall be made into law by the Parliament of Ireland." No writs of appeal were to be allowed from the Irish courts to England, the High Court of Parliament in Ireland being the supreme tribunal in Irish cases. Here we have clearly laid down that independence of the Irish Parliament for the recognition of which so strenuous a contest was to be fought out during the following century. It supplied the text on which Molyneux, Swift, and Grattan were to preach the sermon.

END OF CHAPTER IX