Ensignmen.
Nominees.
The next class provided for were known as Innocent Papists, that is Irish proprietors who had been dispossessed ‘merely for being papists,’ and who had received more or less of an equivalent in Connaught and Clare. Applying for such an equivalent was their own act, and might ‘without any injustice’ disentitle them to any relief, but they were admitted on equitable grounds. In many cases no doubt there had been only three courses open to them, exile without means to live, starvation at home, or land beyond Shannon. They were now to be capable of restoration to their old estates at any time before May 2, 1661, on condition of surrendering their transplanters’ portions to the King to reprise others. Any adventurer or soldier disturbed to make room for the restored Papist was to have a reprise of equal value. In the case of towns ‘planted with English, who have considerably improved at their own charges and brought trade and manufacture into that our kingdom and by their settlement there do not a little contribute to the peace and settlement of that country,’ the old Roman Catholic proprietors were to have reprise of equal values ‘near the said corporations.’ The difficulties of doing equal justice to all was acknowledged to be great, but those of the Irish who had acceded to Ormonde’s peace and had received land as transplanters were held bound by their own act. Their case was hard, no doubt, but said the King, ‘they can no more reasonably expect that we should further relieve them, than our friends in England and Ireland can expect that we should pay back to them all the moneys they were compelled in the evil times to pay for their compositions, which they would have avoided had it been in their power.’ Those who had chosen the better part and followed the royal fortunes abroad, Muskerry and many others being named, were to be restored if they had received nothing as transplanters, but adventurers and soldiers in possession were to be first reprised ‘out of the remaining forfeited lands undisposed of.’ This was all to be done by October 23, 1661. Eighteen peers, including Clanricarde, Westmeath, Clancarty, Mountgarret and Taaffe were specially named for restoration ‘without being put to any further proof’ along with twenty commoners of whom Richard Bellings was the most remarkable. Orrery had persuaded the English Council, or perhaps had only given them an excuse for declaring, that there was enough undisposed forfeited land to reprise everyone for his losses, and in the meantime the adventurers and soldiers were left in possession. The first to be restored were innocent Protestants and ‘those persons termed innocent papists, who never took out any decree or had lands assigned to them in Connaught or Clare.’ Innocent Protestants and Papists who had taken out such decrees came next, then the Irish Papists who had constantly served under the King’s ensigns abroad.[13]
Recipients of special favour.
All who had been in rebellion before September 15, 1643, and had received grants in Connaught or Clare were excluded from the benefits of the Declaration, but some persons were specially protected from its disabilities. Ormonde and his wife with all his tenants and mortgagees or those of his ancestors ‘barons of Arklow, Viscounts of Thurles, or Earls of Ormond or Ossory,’ were fully guarded. Inchiquin, who had procured a private Act in England for the purpose, was restored to his estate of which he had been deprived ‘for his eminent services and adhering unto us.’ Albemarle was confirmed in all his possessions, as were Orrery, Mountrath and his kinsmen, and several others including ‘the orphans of Colonel Owen O’Connolly,’ Sir Theophilus Jones, Arthur Annesley Viscount Valentia, and Major George Rawdon. If any restorable persons were ousted to make room for these eminent persons they were to be reprised, forfeited lands in Carlow being specially designated for those who were removed from the Ormonde estate.[14]
A satisfactory settlement was impossible.
It was intended that when the Declaration had been confirmed by law in Ireland, and its provisions carried out, it should be followed by a general act of pardon, indemnity, and oblivion on the English model, ‘notorious murderers only excepted,’ but excluding all who had conspired to seize Dublin Castle in 1641, and all who had any part in the execution of Charles I. down to the halberdiers on guard. But, unfortunately, this healing measure was withheld. The King, admitted the imperfections of his Declaration, pleading ‘that the laying of the foundation is not now before us, when we might design the model of the structure answerable to our thoughts.’ Thousands of Englishmen had possessed themselves of Irish lands after long and tedious legal process, they had brought over their families, sometimes selling all they had to do so, they had made great improvements, and it was impossible, as it would have been unjust, to confiscate their property, ‘reprisal not first being provided for.’ The enormous difficulty of the task must be admitted, but Charles proved himself no true prophet when he expressed a confident hope that mutual forbearance would bring about a good understanding between two parties who had nothing in common but the memory of an internecine war.[15]
The first Commission for claims.
The next step was the appointment of a commission to carry out the Declaration. It consisted of thirty-six persons, including many peers and all the King’s counsel. The attorney and solicitor-general were afterwards excluded lest the Crown should be made a judge in its own cause, but in truth there were but few disinterested men among these Commissioners, for they were all concerned in Irish land, though often differing in opinion. Massereene, Petty, and Audley Mervyn, for instance, were naturally inclined to maintain the Cromwellian arrangements, while Lord Montgomery, Domvile, and Lane were more in favour of the old Protestant inhabitants. Some of their colleagues were disposed to do justice to the Roman Catholics, but the latter had no direct representation. It is unnecessary to enlarge on the subject, for little or nothing was done by this unwieldy body, and the instructions for its guidance had to be applied by a smaller and less prejudiced commission. Of the three Lords Justices Orrery and Mountrath leaned towards the adventurers and soldiers, while Eustace thought more of ‘the old English interest which lately overspread the land far different from such as did rise up with Cromwell,’ mushrooms who considered themselves the true representatives of England and ignored those who came in with the Conqueror and never made any defection before 1641. Were they, he asked, all to be cast out for one fault? In several months the Commissioners had only succeeded in relieving one widow, though the streets were ‘full of those miserable creatures of all sorts noble as well as of inferior degree.’ He thought they were criminal who had deluded the King into believing that there was a great scope of available land. Orrery and Mountrath felt the responsibility though averse to restoring the Irish, and to avoid the odium of inaction did of their own motion restore a few notable Roman Catholics, but the great mass were reserved for the new commission.[16]