Composition of the Irish Parliament, May 1661.

Speaker Mervyn.

The composition of the first commission was not the sole cause of delay, for the judges held that it would not be safe to act on the Declaration until it had legal sanction. It was remembered how Strafford had contributed to his own destruction by boasting that he would make Acts of State equal to Acts of Parliament. The Irish Convention having done its duty by making some provision for the pay of the army, it was resolved to call a Parliament. As freeholds were for the most part in Protestant hands there could be no question about the majority. ‘The papists and anabaptists,’ said Orrery, ‘stood in several places to be chosen, yet but one of each sort was actually chosen, and they both in the borough of Tuam, an archbishop’s see; from which all collect that both these opinions will oppose the true church.’ The one Papist was Geoffrey Brown, much trusted by the late Confederacy but opposed to the nuncio. He was excluded by the oath of supremacy, and his seat seems to have been treated as vacant and filled up. Parliament met at Chichester House on May 8 after hearing Taylor preach on the texts that obedience is better than sacrifice and rebellion as the sin of witchcraft. Bramhall presided in the Lords, the Chancellor being disabled as one of the Lords Justices. Lord Santry was anxious for the post, but was considered a cold friend to the Declaration and rejected to his great disgust. For the Speakership of the Commons the King recommended Domvile the attorney-general, but the adventurers were too strong and the Lords Justices acquiesced in the choice of Sir Audley Mervyn, whose flowery speech before them contained much Latin and some Greek. Never, he said, since Ireland was happy under an English Government was so choice a collection of Protestant fruit that grew within the walls of the House of Commons. Their lordships had piped and the Irish danced, and ‘Japheth might perhaps be persuaded to dwell in the tents of Shem.’ This oration was ordered by the Commons to be printed, and it filled six crowded folio pages. Thanks were also voted to Bishop Taylor for his sermon. A jove principium exclaimed Mr. Speaker on taking the chair. The oaths of supremacy and allegiance were affirmed by both Houses, the civil authorities directed to co-operate with the bishops in re-establishing the Church, while the Solemn League and Covenant and the Engagement were ordered to be burned by the common hangman in Dublin and in all market towns.[17]

Debates on the Declaration.

After a little sparring between the two Houses, the Declaration was adopted by Parliament in a fortnight, but the Instructions for working it which had also been transmitted from England were still open to discussion. Commissioners were chosen by ballot, four peers, representing each rank, and eight members of the House of Commons.

In the Lords.

In the Commons.

In the Upper House the lot fell first upon Wentworth Earl of Kildare, the head of the Geraldines, who strangely enough held Ormonde’s proxy. His mother was a Boyle and his father had adhered steadily to the Parliament, but he was looked upon as in some sort the protector of the old English. For colleagues he had Lord Montgomery, Lord Kingston, and John Parker, Bishop of Elphin, afterwards Archbishop of Tuam, who had exerted himself in favour of the suffering Irish. Speaker Mervyn headed the Commoners’ contingent, and this shows how strong the Adventurers were. Among the others were Petty, Sir John Skeffington, Massereene’s son-in-law and heir, Sir Theophilus Jones, who held the Sarsfield property at Lucan, and Sir William Temple, afterwards so famous. All were of course interested in land. Temple, whose diplomatic cleverness was already recognised, acted for the Commons in their communications with the Upper House. His younger brother John, the Solicitor-General, was made acting Speaker during Mervyn’s absence. Being unable to agree as to what ought to be the contents of the coming Bill of Settlement, each House instructed its own emissaries separately. The Lords Justices also appointed agents to represent them in London and to carry over the Bill of Settlement: Michael Boyle, Bishop of Cork, afterwards Primate and Chancellor, Lord Kingston, and Colonel Thomas Pigott, Master of the Court of Wards. Pigott, in Eustace’s opinion, was ‘as right unto the poor people of this nation as any man living,’ but he could not say as much for the first two. Francis Lord Aungier, whose financial skill was valuable, had six months leave from the House of Lords. Massereene also had leave to go to the country, which he utilised to slip over to England and join his forces to the representatives of the Commons, but a letter was written on Kildare’s motion warning the English Government against hearing one who was not authorised to speak for the Peers. Of Roman Catholic suitors there was no lack in London, Sir Nicholas Plunket always figuring as their chief spokesman.[18]

Conditions of the Settlement.

It was from the first evident that there would not be land enough to satisfy all claims, and the Declaration made careful rules about priority. Innocents were to be first restored, but the Instructions raised so many barriers that their case might well seem hopeless. Not only were ‘adventurers and soldiers and other persons’ in possession to be fully reprised before anyone could be restored, but Innocent Papists were disqualified who came within any of the following categories:-