The Act of Attainder.
The preamble to the Act of Attainder, passed before the end of June, sets out that ‘a most horrid invasion’ had been made by the King’s unnatural enemy, the Prince of Orange, supported by many of his traitorous subjects. To quell this rebellion, Tyrconnel had raised an army, promises of pardon having been given by proclamation to all, with very few exceptions, but this clemency had been without effect. The Act affected some 2400 persons, of whom more than half, from the Primate and the Duke of Ormonde down to yeomen and shopkeepers, whether ‘dead or alive, or killed in open rebellion, or now in arms against Your Majesty or otherwise,’ were attainted of high treason, and subjected to all its penalties, unless they voluntarily surrendered by the 10th of August. Others who had been absent from Ireland, presumably for ‘a wicked and traitorous purpose,’ since November 5, 1688, were given till September 1, while those already living in Great Britain or the Isle of Man had till October 1. Among the latter was Henry Dodwell, the most learned of the non-jurors. A few whose residence had always been in England might surrender there up to November 1, in case the King had then been in that kingdom for a month. A certain number of persons, among whom was Robert Boyle, ‘by reason of sickness, nonage, infirmities, or other disabilities,’ could not come to Ireland, but it was not desirable that their Irish incomes should be paid beyond the channel, and therefore their lands were vested in His Majesty, for the defence of the realm. If they were innocent, they might come over and prove it to the satisfaction of Fitton or Rice, or of the commissioners appointed to execute the Act. A special clause repealed the private Act by which Monck, the chief instrument of the Restoration, had sought to secure his share of the forfeited estates. A royal pardon was to have no effect unless it was enrolled in Chancery before November 1. James afterwards complained that he had been induced to assent to this clause without fully understanding it, and it was indeed as great an act of political suicide as his father had committed when he gave up the power of dissolving the Long Parliament without its own consent.[213]
Extreme harshness of the new law.
Most of the absentees mentioned in the Act stood attainted unless they surrendered in Ireland within a few weeks; none were given longer time than four or five months, and there was no official publication. The earliest list, printed in London, and without authority from the Irish Government, was not circulated till four months after the latest date at which the King could pardon. A few well-known names had been published earlier, but no one could be expected to face Rice or Nugent without accurate knowledge of the position. Commissioners were appointed to carry out this Act and the Act of Repeal, but many of the old proprietors took possession before they were passed. All titles deriving from the Act of Settlement had been annulled, and the refugees could have had nothing even if they returned. Whether the text of the Act of Attainder had been purposely kept secret or not really makes very little difference. It remained in manuscript, though the general drift of it was, of course, quickly known in London. Those concerned were scattered all over Great Britain, and many of them in extreme poverty, having nothing but the little they had been able to carry away. Men who had owned thousands of cattle were living on charity, and in no condition to employ lawyers. And those who had fled for their lives were not likely to trust themselves empty-handed in Dublin. Communication with Ireland was exceedingly difficult, and letters from such Protestants as stood their ground could only increase the distrust of those who had gone. It was evident to all thinking men that the difference between the two Kings and the two Parliaments could only be decided by arms.[214]
Hasty legislation.
Case of Trinity College.
The Act of Attainder was drafted and passed in a great hurry. Many of the persons included are insufficiently described, and the Christian name, so necessary for identification, was often omitted and sometimes wrongly given. This occurs even in the case of several peers. Less known names were given in by the members of the House of Commons, whose accuracy there was neither means nor time to test. Joseph Coghlan, who sat for the University, was called on to give a list of the members of Trinity College, Provost Huntingdon and all but four of the fellows having gone to England, but he said he could not do this without the buttery book, and he took care that the butler should not be found until after the Bill had passed into law. Perhaps the King had had enough of colleges. The power of appeal from the Irish to the English courts of law was taken away by a separate Act, which also declared the independence of the Irish Parliament. Another Act vested in the King the personal property, including arrears of rent and unreaped corn, of persons who had left Ireland, ‘thereby endeavouring to weaken Your Majesty’s interest, and showing an apparent diffidence of Your Majesty’s protection.’ It must be admitted that their fears were well founded, for James was not his own master.[215]
King James is powerless.
Protestant refugees in London.