"But the fact (as stated by King) is impossible: conceive the absurdity; an act of parliament is smuggled, where? through two houses of lords and commons; of whom were they composed? of catholics crowded with protestants; though Leland, upon the authority of King, says there were but fourteen real protestants. Well, what did these two houses do? They voted and passed a secret act of attainder of 2,500 protestants, which was to lie-by privately in petto, to be brought forward at a proper time; unknown, unheard of, by all the protestant part of the kingdom, till peace was restored: and that, according to King, was to be deemed the proper time for a renewal of war and devastation, by its publication and execution, and the secret was to be closely kept from nearly 3,000 persons by the whole house of commons; by fifty-six peers, including primate Boyle, Barry lord Barrymore, Angier lord Longford, Forbes, the incomparable lord Granard (of whom more in my next continuation), Parsons lord Ross, Dopping bp. of Meath, Otway bp. of Ossory, Wetenhal bishop of Cork, Digby bishop of Limerick, Bermingham lord Athenry, St. Lawrence lord Howth, Mallon lord Glenmallon, Hamilton lord Strabane, all protestants and many of them presbyterians, or rather puritans. It was kept close from 3,000 persons by all the privy council; by all the clerks of parliament who engross and tack together bills, it was to be kept an entire secret from all the protestants without doors, by all the protestants within the gates of parliament; and this probable, wise politic expectation was entertained by those Catholic peers and representatives, who through the cloud of war, passion, and uncertainty, could exercise the more than human moderation in solemnly prescribing the narrow bounds of thirty-eight years to all enquirers after titles under the revived court of claims: by those peers and representatives, whose patriotism, political knowledge, and comprehensive minds instructed them to declare the independence of the realm, the freedom of irish trade, and the inestimable value of a marine.—Good God, that any man, woman I mean, after such acknowledged, uncontroverted documents of the wisdom and reach of mind of that parliament, could be induced to credit and to advance the forgeries of a vicar of Bray under a persecuting protestant administration, for the wicked purpose of calumniating their memory, and defeating the efforts of their posterity for freedom....
"A secret conspiracy by way of statute against the lives of near three thousand people, appears in itself impracticable and fabulous; but that it should have been agitated in open parliament, and in the hearing of the protestant members, and yet expected to have been kept a secret from the protestants, by these protestant members, is childish and ridiculous.—In that parliament sat the venerable lord Granard, a protestant, and a constant adherent and companion of King James in Ireland—'This excellent nobleman had married a lady of presbyterian principles; was protector of the northern puritans; had humanely secreted their teachers from those severities which in England proved both odious and impolitic; and had gained them an annual pension of £500 from government.'—(Leland, vol. 3, p. 490). 'It was this lord Granard to whom the assembled protestants of Ulster, by colonel Hamilton of Tullymore, who was sent to Dublin for the sole purpose, unanimously offered the command of their armed association, from their confidence in his protestant principles; but he told Mr. Hamilton that he had lived loyal all his life, and would not depart from it in his old age; and he was resolved that no man should write rebel upon his gravestone.'—(Lesley's "Reply," pp. 79, 80.) ... Is it then likely that this man would be privy to a general protestant proscription, and not reveal it?—and it is probable that such a secret conspiracy by way of statute could pass the houses of commons, and lords, the privy council, and finally the king, and that it never should come to the knowledge of a peer of parliament, a favourite of the court, a resident in Dublin, and every day attendant in his place in the upper house?"
The intrinsic improbability is well proved here, and would suffice to show King's falsehood as to the secrecy of the act; but if further proof were needed, the authorities which prove the authenticity of the act utterly disprove the secrecy alleged by King. The act is well described, in the London Gazette of July 1 to 4, 1689, and the names are given in print, in a pamphlet licensed in London, the 2nd day of the year 1690 (March 26th, old style).
Jones's statement as to the destruction of all papers relating to that parliament having been ordered, under a penalty of £500 and incapacity from office, is certain, and we give the clause in our note;[28] ] but this clause was not enacted till 1695, and, therefore, could not have affected the acts of 1689, when King wrote in 1690.
Moreover, we cannot find any trace of Richard Darling (who professedly made the "copia vera" for King) as clerk in the office of the Master of the Rolls, or in any office, in 1690. A Richard Darling was appointed secretary to the commissioners for the inspection of forfeitures, by patent dated 1st of June, 5 William III. (1693)
There certainly are grounds for supposing that some great jugglery, either as to the clauses or names in the act, was perpetrated by this well-paid and unscrupulous Williamite. The temptation to fabricate as much of the act (clauses or names) as possible was immense. The want of scruple to commit any fraud is plain upon King's whole book. The likelihood of discovery alone would deter him. Probably every family who had a near relative in the "list" would be secured to William's interest, and no part of King's work could have helped more than this act to make that book what Burnet called it, "the best fitted to settle the minds" of the people of England, of any of the books published on the Revolution.
The preamble states truly the rebellion of the northerns to dethrone their legitimate king, and bring in the Prince of Orange; and that the insurgents, though offered full pardon in repeated proclamations, still continued in rebellion. It enacts that certain persons therein named, who had "notoriously joyned in the said rebellion and invasion," or been slain in rebellion, should be attainted of high treason, and suffer its penalties, unless before the 10th of August following (i.e., at least seven weeks from the passing of the act) they came and stood their trial for treason, according to law, when, if otherwise acquitted, the Act should not harm them. The number of persons in this clause vary in the different lists from 1,270 to 1,296.
It cannot be questioned that the persons here conditionally attainted were in arms to dethrone the hereditary sovereign, supported, as he was, by a regularly elected parliament, by a large army, by foreign alliances, and by the good-will of five-sixths of the people of Ireland. King he was de jure and de facto, and they sought to dethrone him, and to put a foreign prince on the throne. If ever there were rebels, they were.
As to their creed, there is no allusion to it. Roman Catholic and Protestant persons occur through the lists with common penalties denounced against both; but neither creed is named in it.
We do not say whether those attainted were right or wrong in their rebellion: but the certainty that they were rebels according to the law, constitution, and custom of this and most other nations, justified the Irish parliament in treating them as such; and should make all who sympathise with these rebels pause ere they condemn every other party on whom law or defeat have fixed that name. Yet even this attaint is but conditional; the parties had over seven weeks to surrender and take their trial, and the king could, at any time, for over four months after, grant them a pardon both as to persons and property—a pardon which, whether we consider his necessities and policy, his habitual leniency, or the repeated attempts to win back his rebellious subjects by the offer of free pardon, we believe he would have refused to few. This, too, is certain, that it has never been even alleged that one single person suffered death under this much talked of Act. Of the constitutional character of the Act, more presently.