[15] Sections 12-15, 29, 31 and 35 of the Declaration, ut sup.
[16] The names of the first Commissioners are in the Act of Settlement, Irish Statutes, ii. 264. Eustace to Ormonde, July 29, August 17 and 21, 1661, Carte Transcripts, vol. xxxi.; Lord Aungier to same, May 1, ib. The King to the Lords Justices, April 12, 1661, State Papers, Ireland. The persons ordered to be restored by the Lords Justices were Lords Clancarty, Clanricarde, Westmeath, Fingall, Dillon, Taaffe, and Galmoy, Colonel Richard Butler (Ormonde’s brother), and Colonel Fitzpatrick. The first and the last of these were married to Ormonde’s sisters, but it appears from the Act of Explanation that there had been a hitch in the cases of Lords Westmeath and Dillon and of Colonel Butler.
[17] Orrery to Ormonde, May 8 and 15, 1661, in Orrery’s State Letters, i. 35, 36. Jeremy Taylor’s sermon on May 8, Works, vi. 343; Lord Kingston to Ormonde, May 5 and 8, Carte Transcripts, vol. xxxi.; Irish Lords Journal, vol. i., May 8-25, Commons Journal, vol. i., May 8-17, Mervyn’s speech being in full; Declaration of Lords spiritual and temporal, May 17, separately printed for circulation.
[18] Irish Lords and Commons Journals, May to July 1661. Eustace to Ormonde, July 29, 1661, Carte Transcripts, vol. xxxi. Montgomery to Ormonde, June 29, and Kildare to same, ib. There is an elaborate but not very clear account of all this in Carte’s Ormonde, book vi.
[19] Instructions incorporated in the Act of Settlement, 1662, no. 11, Irish Statutes, i. 269.
[20] Mountrath to Ormonde, June 19, 1661, Carte Transcripts, vol. xxxi.; Heneage Finch’s report, February 1, 1670-1, printed in Carte’s Ormonde, ii. appx. 91, p. 75. Finch is a first-rate authority for everything that happened in London.
[21] The Doubling Ordinance of July 14, 1643, in Scobell, i. 45, repudiated by section 126 of the Act of Settlement. Lord Aungier to Ormonde, April 17, 1661, Carte Transcripts, vol. xxxi. Ormonde’s letter in full in Carte’s Ormonde, vol. ii. In his letter of June 1 to Ormonde Bellings says not one per cent. would regain their property ‘and yet they shall seem not to be excluded from all possibility of enjoying it when that imaginary thing a reprisal is found,’ Spicilegium Ossoriense, ii. 189.
[22] Order in Council, March 14, 1661-2, in Cox, supplementary letter, p. 5. Instructions to the Confederate envoys in Confederation and War, vi. 223-227. In the letter already quoted Bellings gives credit to Ormonde for having saved as many of the old proprietors as he could. He confines his sympathies to the ‘ancient families’ and warns Ormonde that it cannot be for a Butler’s interest to see the land possessed by ‘a generation of mechanic bagmen who are strangers to all principles of religion and loyalty.’
[23] Warrant for Ormonde’s appointment, November 4, 1661, State Papers, Ireland; Orrery and Eustace to Nicholas, December 19, ib., Clarendon’s Life, Cont., 234-238. On this occasion Clarendon gives one of his rare dates, and it is wrong, 1664 instead of 1662. Irish Lords and Commons Journals, December 6 and 7, 1661.
[24] Irish Commons Journal, March 6, 1661-2. Act of Settlement, 14 & 15 Car. II. cap. 2, from clause 86 to the end. For the harshness with which the Duke of York’s claims were enforced and the character of the men employed in the work see the letters printed in the 32nd Report of the Deputy Keeper of the Public Records, appx. i. pp. 170-181, particularly Colonel Cooke to Ormonde, June 6, 1668.