11. Those who had been woodkernes or tories before Clanricarde left the Government.[19]
Paucity of evidence.
With such a list of disqualifications it would seem hard for any Irish Roman Catholic to prove his innocence within the meaning of the Act. It was at first intended to exclude all who had paid contributions to the rebels, whether voluntary or not, but this was dropped as too manifestly unjust. A strong effort was made to do away with the disqualification from enjoying estates in the enemy’s quarters, but against this it was argued that in many cases there was no other applicable test. After twenty years there was little or no direct evidence, and if the presumption from residence was disregarded the great mass of the Irish would be restored, controlling future Parliaments and getting all the seaports into their hands. ‘Until the cessation,’ Mountrath wrote, ‘none but the rebels’ friends could live in their quarters, all others were expelled or destroyed’; and this reasoning prevailed. Yet it cannot be doubted that many remained in the Irish quarters only because they had nothing to live upon anywhere else.[20]
Available area insufficient.
The Doubling Ordinance.
Even those who could prove their innocence had to make reprisal to Adventurers and soldiers in possession before they could be restored. It soon became evident that Orrery had greatly exaggerated the amount of land available, but Lord Aungier drew attention to the fact that many Adventurers had received more than the value of the money advanced by them. This was largely the result of the Doubling Ordinance passed when the Parliament were in financial straits after Edgehill. As it never received the consent of Charles I., Charles II. could legally ignore it. By this it was provided that those who added one-fourth to their original stake should have the whole doubled and be recouped in Irish measure instead of the English acres originally intended. Thus one whose first subscription was 1000l. and who afterwards added 250l. would be credited with 2500l. As to the Irish acres the point had been conceded in the King’s Declaration. Nor was this all. If the original Adventurer refused to increase his stake a stranger might come in and do it for him, receiving double of the whole after deducting the original advance, and thus a speculator who never gave more than 250l. would receive credit for 1500l. Massereene and other interested persons endeavoured to maintain this arrangement, but the abuse was too glaring and the Bill of Settlement provided that the reprisal should extend only to the amount actually contributed. Even so the fund was still far from sufficient. ‘If,’ said Ormonde, ‘the Adventurers and soldiers must be satisfied to the extent of what they suppose intended unto them by the Declaration; and if all that accepted and constantly adhered to the peace in 1648 must be restored, as the same Declaration seems also to intend, and was partly declared to be intended at the last debate, there must be new discoveries made of a new Ireland, for the old will not serve to satisfy these engagements. It remains then to determine which party must suffer in the default of means to satisfy all; or whether both must be proportionately losers.’[21]
Incompatible claims.
Sir Nicholas Plunket.
Ormonde would have liked to restore many of the Irish, but they disregarded his advice. Instead of acknowledging, while endeavouring to minimise, their share in the rebellion they insisted that the Parliamentarians alone were rebels and sufficiently rewarded by being suffered to live. They themselves were the loyalists and worthy of reward. But their enemies were in possession, all-powerful in the Irish army and Parliament, and in a position to show that the Confederates had depended on foreign and papal support, and had done many things in derogation of the royal authority. During the winter of 1661-2 the wrangle continued, and at last Charles, probably much against his will, was constrained to cut the knot. The Solicitor-General Heneage Finch, afterwards Lord Chancellor and Earl of Nottingham, acted as legal adviser in all the Irish business, and he brought up a report from the Committee of Council specially charged with it. The Commissioners from the Irish Parliament and Council had produced the instructions of January 18, 1647, from the supreme council to Bishop French and Nicholas Plunket as envoys to the papal court, a draft of similar instructions for France and Spain, and a copy of the Jamestown excommunication. Sir Nicholas Plunket was then called in and acknowledged his signature to the first and his handwriting throughout the second document. This report was presented when the King was present in Council supported by twenty members including the Duke of York, Clarendon, and Ormonde, and it was thereupon ordered ‘that in regard the said Romish Catholics have been already several times heard at this Board as to the Bill of Settlement, no more petitions or further addresses be required or admitted from them for obstructing the same,’ and the Solicitor-General was directed to go on with the engrossing of it. Sir Nicholas Plunket was at the same time ordered to ‘forbear coming into or appearing in His Majesty’s presence or court, notice of this order being given to the committees employed from the said Council and Parliament, to be by them transmitted into Ireland.’ Plunket was often heard again later on, but not till the Act of Settlement had passed.[22]
Albemarle resigns in Ormonde’s favour.