Mountrath died of smallpox on December 18, and a fresh patent was at once made out to the survivors, Eustace and Orrery. But it was already announced that this was only provisional, that Ormonde was to be Lord Lieutenant, and that no important step was to be taken until his arrival. Albemarle, who had a large Irish property, had for a long time opposed his appointment, and surprised everyone by suddenly recommending him as a most fitting person. It was, he said, useless for him to retain the office in his own hands since he could not well be spared from the King’s side. Charles did not consult Clarendon, whose opposition to his friend’s promotion is amusingly described by himself. The Chancellor objected that the King could not spare the Duke and that the latter would be able to do no good in Ireland. He might have been useful if despatched immediately after the Restoration, but now he had hampered himself by engagements with individuals, and ‘had given himself so much to his ease and pleasure that he would never be able to take the pains which that most laborious province would require.’ Ormonde answered good-humouredly that no one knew the difficulties better than he did and that he had not sought the viceroyalty but could not refuse it on public grounds, and that he would take indefatigable pains for a year or two to purchase ease for the rest of his life. His powers of work were enormous, but he knew how to unbend better than his friend. When the news reached Dublin the Irish House of Lords at once sent a letter of thanks to the King for choosing one ‘of whose noble and sweet disposition and prudent and just government void of all sinister and self ends we have formerly had full experience.’ His presence would offer the best chance of peace and settlement, and no kingdom ever needed them more. The House of Commons were no less complimentary, regarding Ormonde’s government as the most likely to maintain order and to establish an English and Protestant interest.[23]
Provisos in the Bill of Settlement.
Grant to the Duke of York.
The Houses were not allowed to do much until the Bill of Settlement had assumed its final shape. By Poynings’ law it could not be altered after its transmission by the English Council. A week before Plunket’s dismissal by the Privy Council the Irish House of Commons petitioned the King that no provisos should be inserted in the Bill which affected the interests secured by the Declaration. Many had, however, been already decided on and some were added later, which were not all such as the dominant party in Ireland could approve. Further favour was indeed extended without demur to Ormonde, Sir John Temple, Sir George Rawdon, Sir William Petty, and other well-known Protestants, and there was no opposition to what was done for the Established Church, but such eminent Roman Catholics as Sir Robert Talbot, Sir Valentine Blake, and Geoffrey Brown, while deserving well of the Crown, cannot have had the goodwill of the Adventurers. Antrim, who had been omitted from the Declaration, was by a special clause placed upon the same footing as those named in that document. The estates of all the regicides, except a small portion already given away, were granted to the Duke of York without any protection for the old proprietors. James proved his claim to 77,000 acres, and in 1668 his agents were in possession of at least as much more to which the title was disputed. Lest there should be any doubt as to what lands were ‘forfeited,’ it was declared and enacted ‘that the said word shall be deemed and taken not only of such lands, tenements, and hereditaments as are already forfeited by judgment, confession, verdict, or outlawry, but such as by reason of any act or acts of the said rebellion already committed by the several and respectable proprietors hereof shall or maybe forfeitable.’ And ‘undisposed land’ was defined to be all that was not disposed of by the Act.[24]
The Bill in the First Parliament.
The final touches were given to the Bill of Settlement early in April, and on May 6 it was read a first time in the Irish House of Commons, who had the power to reject but not to amend it. Speaker Mervyn had just returned to his post, and his influence was quickly visible. In the course of prolonged debates discrepancies were noticed between the original Declaration and the latter part of the Bill with which it was incorporated. There was some inclination to refuse the passage of the Bill until an explanatory measure was also passed, but Orrery pointed out that there could be no explanation until there was an Act in being to explain. The Commons proceeded, however, with the preparation of an explanatory bill, and the Lord Lieutenant was reminded that he would be expected to transmit it soon after his arrival in Ireland.[25]
Ormonde arrives a Lord Lieutenant.
Ormonde, in his capacity of Lord Steward, was detained in London by the King’s marriage, but reached Coventry on his way to Holyhead by the beginning of July. He was accompanied by many Irish peers, members of Parliament and claimants to land who were now hastening to defend their own interests in Ireland. In each county that he passed on the road to Chester the Lord Lieutenant came to meet him, and the local militia were paraded. He travelled by land to Holyhead, crossed in very rough weather and landed at Howth on July 27, the anniversary of the day on which he had surrendered Dublin to the parliamentary commissioners fifteen years before. He was at the Castle next day, and on the third received the House of Commons and had to endure a speech from Sir Audley Mervyn which was voted to express their sense and ordered to be printed. There were many other speeches and addresses, and on the 31st the Lord Lieutenant appeared in the House of Lords and gave the Royal assent to the Bill of Settlement.[26]
Bennet Secretary of State.