King's gravest charges are in the following passage:—
"These members of the House of Commons are elected either by freeholders of counties, or the freemen of the corporations; and I have already showed how king James wrested these out of the hands of Protestants, and put them into Popish hands in the new constitution of corporations, by which the freemen and freeholders of cities or boroughs, to whom the election of burgesses originally belongs, are excluded, and the election put into the hands of a small number of men named by the king, and removable at his pleasure. The Protestant freeholders, if they had been in the kingdom, were much more than the papist freeholders, but now being gone, though many counties could not make a jury, as appeared at the intended trial of Mr. Price and other Protestants at Wicklow, who could not be tried for want of freeholders—yet, notwithstanding the paucity of these, they made a shift to return knights of the shire. The common way of election was thus:—The Earl of Tyrconnell, together with the writ for election, commonly sent a letter, recommending the persons he designed should be chosen; the sheriff or mayor being his creature, on receipt of this, called so many of the freeholders of a county or burgesses of a corporation together, as he thought fit, and without making any noise, made the return. It was easier to do this in boroughs—because, by their new charters, the electors were not above twelve or thirteen, and in the greatest cities but twenty-four; and commonly, not half of these in the place. The method of the Sheriff's proceeding was the same; the number of Popish freeholders being very small, sometimes not a dozen in a county, it was easier to give notice to them to appear, so that the Protestants either did not know of the election or durst not appear at it."
First let us see about the boroughs. King, in his section on the corporations, states in terms that "they" (the Protestants) "thought it reasonable to keep these (corporate towns) in their own hands, as being the foundation of the legislative power, and therefore secluded papists," etc. The purport, therefore, of King's objection to the new constitution under King James's charters was the admission of Roman Catholics. Religious equality was sinful in his eyes.
The means used by James to change the corporations, namely bringing quo warrantos in the Exchequer against them, and employing all the niceties of a confused law to quash them, we have before condemned. In doing so, he had the precedents of the reigns called most constitutional by English historians, and those not old, but during his brother's reign; nor can anyone who has looked into Brady's treatise on Boroughs doubt that there was plenty of "law" in favour of James's conduct.[26] ] But still public policy and public opinion in England were against these quo warrantos, and in Ireland they were only approved of by those who were to be benefited by them.
But the means being thus improper, the use made by James of this power can hardly be complained of. The Roman Catholics were then about 900,000, the Protestants, over 300,000. James, it is confessed, allowed one-third of the corporations to be Protestant, though they were little, if at all, more than one-fourth of the population. This will appear no great injustice in our times, although some of these Protestants may, as it has been alleged, have been "Quakers."
It must also be remembered that those proceedings were begun not by James but by Charles; that the corporations were, with some show of law, conceived to have been forfeited during the Irish war, or the Cromwellian rule; and that being offered renewals on terms, they refused; whereupon the quo warrantos were brought and decided before the regular tribunals during the earlier and middle part of James's reign. On the 24th September, 1687, James issued his Royal Letter (to be found in Harris's Appendix, pp. 4 to 6), commanding the renewal of the charters. By these renewals, the first members of the corporations were to be named by the lord lieutenant, but they were afterwards to be elected by the corporations themselves. There certainly are non-obstante and non-resistance clauses ordered to be inserted, in the prerogative spirit of that day, which were justly complained of.
With reference to the number of burgesses, King's statement that the number of electors was usually twelve or thirteen, and in the greatest cities but twenty-four, is untrue. Most of the Irish boroughs were certainly reduced to these numbers under the liberal Hanoverian government, but not so under James. The members' names are given in full in Harris's Appendix, and from those it appears that no corporation had so few as twelve electors. Only five, viz.—Dungannon, Ennis, St. Johnstown (in Longford), Belturbet, and Athboy, were as low as thirteen; twenty-three, viz.—Tuam, Kildare, Cavan, Galway, Callan, Newborough, Carlingford, Gowran, Carysfort, Boyle, Roscommon, Athy, Strabane, Middletown, Newry, Philipstown, Banagher, Castlebar, Fethard, Blessington, Charleville, Thomastown, and Baltimore, varied from fourteen to twenty-four; most of the rest varied from thirty to forty. Dublin had seventy-three; Cork, sixty-one; Clonmel, forty-six; Cashel, forty-two; Drogheda, fifty-seven; Kilkenny, sixty-one; Limerick, sixty-five; Waterford, forty-nine; Youghal, forty-six; Wexford, fifty-three, and Derry, sixty-four. This is a striking proof of the little reliance to be placed on King's positive statements.
Harris, a hostile authority, gives the names and generally the additions of the members of each corporation, and the majority are merchants, respectable traders, engineers, or gentlemen. Moreover, in such towns as our local knowledge extends to, the names are those of the best families, not being zealous Williamites. As to the counties, King relies upon a pamphlet published in London in 1689, setting out great grievances in the title page, and disproving them in the body of the tract.
If many Protestant freeholders had fled to England, who was to blame?—Most assuredly, my Lord Mount Alexander and the rest of the right noble and honourable suborners, devisers, and propagators of forged letters and infamous reports, whereby they frightened the Protestants, in order to take advantage of their terror for their own selfish ends. The exposure of these devices by the publication of "Speke's Memoirs," by the confessed forgery of the Dromore letter, etc., have thrown the chief blame of the Protestant desertion off the shoulders of those Protestants, off the shoulders, too, of the Irish government, and have brought it crushingly upon the aristocratic cabal, who alone profited by the revolution, as they alone caused it.
In the absence of other testimony, we must take, with similar allowances, the story of Tyrconnell "commonly" sending an unconstitutional letter to influence the election. But how very good these Jacobite sheriffs and mayors were to let King into the secret, in 1691, when their destiny was uncertain! That such gossip was current is likely, but for a historian to assert on such authority is scandalous.