Spiritual peers.

Their dissent from the act.

Mentioned as consenting.

were only four or five temporal peers, who were Protestants, the rest having been driven out of the kingdom by the late violent and lawless courses of the Popish party; and seven spiritual peers, whose names have been lately recited, four of the bishopricks having been vacated about or since the time. of King James's accession, and by him left unsupplied, and the possessors of the other eleven sees being also absent from the country.

Thus a commanding majority was prepared to give effectual support to the intended measures of the government. If any additional weight had been requisite for counterbalancing the Protestant votes, and giving the preponderance to the Popish, it would have been easily supplied by means of the titular prelates of the Romish Church in Ireland, who were ready, and were intended upon an emergency, to be called up to the House by writ.

With respect, however, to the seven spiritual rightful peers, then in the kingdom, it should be noticed that three of these, the Archbishop of Armagh, and the Bishops of Waterford and Killaloc, were excused from attendance on parliament by reason of their age and infirmities. The remaining four were obliged to appear, in compliance with the writs directed to them; and the king was fain to make use occasionally of their moderation, to counterbalance the violence of his own party. But in general they protested against the acts, and entered their dissent. It is observable, however, that all these acts of this pretended parliament are alleged to be enacted by the advice and consent of the lords spiritual and temporal whereas to many of them not one spiritual lord consented, but they all unanimously protested against them; and at the passing

of the "Act of Attainder," they were not even present. They complained of this, but were refused redress and the express mention of their consent was nevertheless continued. A different and more ingenuous course had been followed in passing the Act of Uniformity in Queen Elizabeth's reign, when in consequence of all the lords spiritual, who were present, dissenting from the bill, they were not specified in the enactment, which was said to be made "with the assent of the Lords and Commons in this present parliament assembled."

the Lower House.

The House of Commons was returned to meet Formation of the exigency, by means equally well contrived, and equally conducive to the end. The old corporations having been destroyed, and Popish corporators having been introduced into the different municipal offices, the members for the boroughs were for the most part Papists, in accordance with the religious profession of their electors. The sheriffs, whose function it was to return the members for the counties, and who had been nominated for that especial purpose, all of them, with only one exception, which arose from the accidental mistake of a name, being Papists, had notified the elections so partially, that the voters, who belonged to their own side only, were apprized of them; or conducted them with such circumstances of inconvenience or insecurity to the Protestant freeholders, that the few, who might otherwise have taken part in the elections, were precluded or deterred from voting.

66

sisted of Papists.

By these means," says Dr. King, "the parlia- Parliament conment consisted of the most bigoted Papists: and of such as were most deeply interested to destroy the Protestant religion, and the Protestants of Ireland." Some counties had no representatives: as Donegall,

Honourable con

duct of the mem

bers for the Uni

versity.

Repeal of the Act of Settlement.

And

Monaghan, Londonderry, and Fermanagh.
twenty-nine boroughs were without any return, chiefly
on account of the reluctance of Protestant gentle-
men to come forward as candidates. For examples

of these may be mentioned Carrickfergus and Antrim,
in the county of Antrim; Hillsborough, Bangor,
New Town, and Downpatrick, in the county of
Down; Charlemont, in the county of Armagh ;
Lifford, Ballyshannon, Killibegs, and Donegall, in
the county of Donegall; Monaghan, in the county
of Monaghan; Enniskillen, in the county of Fer-
managh; Londonderry, Limavady, and Coleraine, in
the county of Londonderry. One of the members
for the county of Dublin was the infamous Colonel
Luttrell, by whose well-known proclamation the
meeting together of more than five Protestants was
declared criminal, and punishable as high treason.
The two members for the University of Dublin, (let
their names be added for their honour,) Sir John
Mead and Mr. Coghlan, took their seats reluctantly,
"as thinking it scandalous to be found in such com-
pany and they could not prevail upon themselves
to sit out the whole session, but withdrew before the
Act of Attainder came to be concluded, not enduring
to be present at the passing of that and some other
barbarous acts, against which they found their votes
signified nothing whilst they stayed."

The first act of this memorable and never-to-beforgotten parliament was the repeal of the "Act of Settlement." Thus all Protestants, who were in possession of lands, whether by grant, by inheritance, or by purchase, which had at any former time belonged to Papists, were compelled to relinquish and restore them.

The injustice of the proposed act, its variance Its injustice. with the publick benefit, and with that of the king, its ruinous effects upon the kingdom and the people, and its destruction of the national character for fidelity and integrity, were forcibly urged by the Bishop of Meath in parliament, on the 4th of June, 1689 and a powerful remonstrance against the bill drawn up by the Chief Justice Keating, and presented to the king by the Lord Granarde, clearly represented, and strongly pressed, the injuries threatened by it to the purchasers and proprietors of lands.

clause of "cor

But all this was ineffectual. The "Act of Iniquity of the Repeal" was passed: and that it might include all respondence." possible descriptions of Protestants, some of whom might otherwise escape, an expedient was devised by the insertion of a clause, whereby "the estates of all, who dwelt or stayed in any place of the three kingdoms, which did not own King James's power, or who corresponded with any such as were favourable to the cause of the Prince of Orange, were declared to be forfeited, and vested in his majesty, without any office or inquisition found thereof." By this clause vast numbers of peaceable and unoffending Protestants were spoiled of their estates: for the packets, which passed between Ireland and England, were carefully and minutely searched at every arrival and departure; and every letter found, on whatever subject, being an act of "correspondence," was held under this law a sufficient cause of forfeiture.

This "Repeal of the Act of Settlement" was a Act of Attainder. good preparative to the celebrated, rather the infa

mous, "Act of Attainder," which soon followed.

Of this latter act the preamble sets forth and con- Its preamble. demns "the invasion of the king's unnatural enemy,

Enactment.

First list of the proscribed.

Its contents.

the Prince of Orange, invited by his majesty's rebellious and traitorous subjects;" the desertion of King James by the aforesaid subjects; the levying of rebellion and war against him; the raising of an army by the king's lieutenant, the Duke of Tyrconnel; and the refusal of the Protestants to come in and submit, notwithstanding that they were "with all mildness and humanity called to their allegiance, by proclamation and promises of pardon for the past, and protection for the future."

"Be it therefore enacted," the act proceeds "That the persons hereinafter named, being persons who have notoriously joined in the said rebellion and invasion, and some of whom are upon indictments condemned, some executed for high treason, and the rest are run away and absconded, or are now in the actual service of the Prince of Orange, and others killed in open rebellion; whether dead or alive shall be deemed, and are hereby declared, traitors, and shall suffer such pains of death, penalties, and forfeitures, as in cases of high treason belong: unless," the act proceeds to provide, "unless such of the persons herein mentioned, as are resident in Ireland, shall, before the 10th of August, 1689, submit themselves to take their trial for high treason:" and, in that case, "such person or persons, after being acquitted by the laws of the land, or discharged by proclamation, shall be freed, discharged, and acquitted, from all pains, penalties, and forfeitures, by this act incurred and imposed."

In this, which is the first list in the act, the following persons were attainted, and their estates forfeited: one archbishop; one duke; fourteen earls; seventeen viscounts and one viscountess; two bishops; twelve barons; twenty-six baronets;