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<DATE>2009-03-23</DATE>
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<NAME>Scott Lepisto</NAME>
<RESP>MURP</RESP>
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<DIV1 TYPE="text">
<PB N="1" REF="1">
<HEAD>Weighty Queries Relating to the PAST, PRESENT, and FUTURE <HI>State of Ireland;</HI> Calculated for the Pre&s;ent and Future BENEFIT of that Unhappy KINGDOM.</HEAD>
<HEAD TYPE="sub">And Tendred to the Serious Con&s;ideration of all who are willing to be Inform'd <HI>How it became Unhappy,</HI> and how it may yet be made Happy again to Po&s;terity.</HEAD>
<P>WHETHER the Majority of the <HI>Iri&s;h</HI> were ever true, or the Majority of the <HI>Briti&s;h</HI> ever fal&s;e to the Crown of <HI>England?</HI></P>
<P>Whether the mo&s;t Con&s;iderable of the &s;aid Majority of the <HI>Iri&s;h,</HI> are not at pre&s;ent better Subjects to King <HI>Lewis,</HI> than either to King <HI>William,</HI> or the late King <HI>James,</HI> which is made evident, in that &s;o many of them cho&s;e rather to be Slaves in <HI>France,</HI> than Free-born Subjects in <HI>Ireland;</HI> and lo&s;t their E&s;tates, and left their Relations, with their Native Countrey, and much of their rich Plunder they got from the <HI>Briti&s;h,</HI> ra|ther than live under King <HI>William</HI>'s Govern|ment?</P>
<P>Whether one of a hundred of the <HI>Briti&s;h</HI> of <HI>Ireland,</HI> was an Enemy to the Govern|ment of King <HI>William</HI> and Queen <HI>Mary,</HI> or one of ten thou&s;and of the <HI>Iri&s;h</HI> a Friend to it?</P>
<P>Whether the Degenerate <HI>Iri&s;h</HI> of <HI>Engli&s;h</HI> Extraction, be not more Je&s;uited, Frenchi|fied, and more inveterate again&s;t the <HI>Briti&s;h,</HI> than the Ancient <HI>Iri&s;h,</HI> and needs not a much more Circum&s;pect Eye of the Govern|ment over them?</P>
<P>Whether in all Ages there hath not been ob&s;erved a greater aptitude in the <HI>Briti&s;h</HI> to turn <HI>Iri&s;h,</HI> than in the <HI>Iri&s;h</HI> to become <HI>Bri|ti&s;h?</HI></P>
<P>Whether the Succe&s;&s;ors of the degenerate Po&s;terity of many <HI>Briti&s;h</HI> Families, who&s;e Ance&s;tors got E&s;tates for their fidelity to the Crown of <HI>England,</HI> have not as de&s;erved|ly lo&s;t them in the two la&s;t Rebellions?</P>
<P>Whether any one of the <HI>Iri&s;h</HI> re&s;tored, ei|ther by Provi&s;oes in the <HI>Act of Settlement and Explanation,</HI> or decreed innocent in the <HI>Court of Claims,</HI> They, or their Po&s;terity, were not now again in Rebellion? And whether any one In&s;tance can be given, that any <HI>Iri&s;h-man</HI> ever expre&s;t any &s;orrow for what he did in this Rebellion? and whether they are not ready to do the like, had they again the like Occa&s;ion?</P>
<P>Whether all the <HI>Iri&s;h</HI> real and per&s;onal E&s;tates, can &s;atisfy for the Robbery, Plun|der and Deva&s;tation, made by them upon the <HI>Briti&s;h</HI> in this la&s;t Rebellion?</P>
<P>Whether the Reduction of the &s;aid Rebel|lion hath not co&s;t more than a hundred thou&s;and <HI>Briti&s;h</HI> Lives, and more than two hundred thou&s;and <HI>Iri&s;h?</HI></P>
<P>Whether more than one half of the King|dom is not at pre&s;ent laid wa&s;te by the &s;aid Rebellion?</P>
<P>Whether tho&s;e Governors who mo&s;t effe|ctually encouraged the <HI>Briti&s;h</HI> Intere&s;t, and di&s;couraged the <HI>Iri&s;h,</HI> were not always cele|brated as the be&s;t Governors of <HI>Ireland,</HI> and be&s;t Servants to the Crown of <HI>England?</HI></P>
<P>Whether the <HI>Iri&s;h,</HI> having in all Ages been &s;o rebellious to the <HI>Briti&s;h</HI> Crown, and &s;o de&s;tructive to the <HI>Briti&s;h</HI> Subjects, ought to be intru&s;ted with Places of Tru&s;t or Power? and whether the di&s;abling them from tho&s;e Imploys, can, or ought to be in|terpreted, by any Foreign Roman-Catho|lick, a Per&s;ecution upon account of Reli|gion?</P>
<P>Whether the <HI>Iri&s;h</HI> have not in all Ages grown rich and pro&s;perous under the <HI>Eng|li&s;h</HI> Government? and whether there is any po&s;&s;ibility that the <HI>Briti&s;h</HI> can be &s;o under theirs?</P>
<P>Whether it is not demon&s;trable that the Nocent <HI>Iri&s;h</HI> have been Millions of Pounds
<PB N="2" REF="2">Gainers, and the Innocent <HI>Briti&s;h</HI> as much more Lo&s;ers by their two la&s;t Rebellions?</P>
<P>Whether what the <HI>Iri&s;h</HI> u&s;ually lo&s;e by pu&s;illanimity in the Field, they have not as con&s;tantly recovered by Flattery at Court?</P>
<P>Whether ever they kept faith in any Arti|cles made with the <HI>Engli&s;h,</HI> either in this, or their former Rebellion.</P>
<P>Whether the Articles made with Sir <HI>Tho|mas Southwell</HI> and his Party, were not as &s;o|lemnly made to indemnify tho&s;e <HI>Briti&s;h,</HI> as the Articles made by the Lord General <HI>Gin|kle</HI> was, to indemnify <HI>Galway</HI> and <HI>Lymerick Iri&s;h?</HI></P>
<P>Whether, notwith&s;tanding the &s;aid Arti|cles, the &s;aid Sir <HI>Thomas Southwell,</HI> and his Party, were not impri&s;oned, tryed, &s;en|tenced, and condemned as Traytors; and when they produced the &s;aid Articles, were told that Articles of War could not invali|date the Laws of the Land?</P>
<P>VVhether the &s;aid Lord General <HI>Ginkle</HI> did not to his immortal Renown, frequently and publickly declare to the <HI>Iri&s;h,</HI> both at <HI>Galway</HI> and <HI>Lymerick,</HI> That he was a Stranger to the Con&s;titution of their Countrey; and that they mu&s;t expect no Articles to be made good, that was contrary to the Law, and not in his power to grant?</P>
<P>VVhether the Laws of VVar can extend to vacate Acts of Parliament, or are not to be limited to Life, and Per&s;onal E&s;tate in the Place, and not to Real or Per&s;onal E&s;tates el&s;ewhere?</P>
<P>VVhether the Articles of Peace made in the Year 1648. at <HI>Kilkenny</HI> by the Duke of <HI>Ormond,</HI> were not as &s;olemn, and more binding, than the <HI>Galway</HI> and <HI>Lymerick</HI> Arti|cles; yet the &s;aid Articles of 1648. were not only accounted of no value by the Parlia|ment of <HI>England,</HI> as to the <HI>Iri&s;h</HI>'s Real and Per&s;onal E&s;tates, but were al&s;o utterly reje|cted, and di&s;allowed by the Parliament of <HI>Ireland,</HI> and made a Bar of Innocency to any claiming by them, as appears by the <HI>Act of Settlement?</HI></P>
<P>VVhether the <HI>Galway</HI> and <HI>Lymerick Iri&s;h</HI> capitulating with the &s;aid Lord General <HI>Gin|kle</HI> to have the &s;aid Articles confirmed by King and Parliament, is not a Tacit Con|&s;ent, That they knew the &s;aid Articles could not an&s;wer their end without the Concur|rence of the King and Parliament?</P>
<P>VVhether all Per&s;ons who acted in, aid|ed, a&s;&s;i&s;ted and abetted the two la&s;t Rebelli|ons of <HI>Ireland,</HI> were not attainted from the 1&s;t of <HI>March,</HI> 1640. by Act pa&s;t <HI>decimo &s;epti|mo Caroli Primi,</HI> for endeavouring to in|troduce Papal Authority into the Kingdom of <HI>Ireland?</HI></P>
<P>Whether it is not evident, as well by the Orders of the Supreme Council in their former Rebellion, as by the Acts of their pretended Parliament in this, that nothing &s;hort of the Sovereignty of that Kingdom, and the Extirpation of the <HI>Briti&s;h,</HI> will be ever &s;atisfactory to that Party?</P>
<P>Whether the vacating of <HI>Poyning</HI>'s Law, and abrogating all Writs of Error, and all Appeals into <HI>England,</HI> doth not &s;ufficiently evidence, That the Ab&s;olute Soveraignty of that Kingdom, is the Mark, <HI>whatever has been the Butt,</HI> they aimed as in all their Rebellions.</P>
<P>Whether their pretended Act of Rever|&s;al and Attainder, does not as evidently prove the Extirpation of the <HI>Briti&s;h</HI> to be the chief De&s;ign of that Party?</P>
<P>Whether the &s;aid Act of Attainder doth not on the beginning of <HI>Augu&s;t,</HI> 1688. for|feit their Lives and E&s;tates, and corrupt the Blood of about Three Thou&s;and of the chief <HI>Briti&s;h</HI> Inhabitants of that Kingdom; and wanting other matter, Whether their pretended Crime was not the Aiding, and A&s;&s;i&s;ting the Prince of <HI>Orange</HI>'s Inva&s;ion in|to <HI>England;</HI> when His Maje&s;ty that now is, (whom God for ever Ble&s;s and Pre&s;erve) made not his De&s;cent into <HI>England,</HI> till the 5th of <HI>November</HI> following, and managed that Heroick De&s;ign with that Privacy, that the <HI>Iri&s;h</HI> them&s;elves well knew, that not one of the Attainted <HI>Briti&s;h</HI> did know it, or could then contribute any A&s;&s;i&s;tance to it?</P>
<P>Whether a parallel Law to this Attaind|er, for the de&s;truction of &s;o many known Innocent Per&s;ons and their Po&s;terities, can be found among all the Records of <HI>Jews,</HI> Chri&s;tians, or Heathens Laws?</P>
<P>Whether King <HI>James</HI> did not by this pre|tended Law dive&s;t him&s;elf and his Succe&s;|&s;ors of any Power to Pardon or Mitigate any of the Penalties mentioned in the &s;aid Act?</P>
<P>Whether his Father King <HI>Charles</HI> the 1&s;t. did not by his Act of <HI>Attainder</HI> made <HI>decimo &s;eptimo Caroli Primi,</HI> with more Ju&s;tice and Rea&s;on attaint all &s;uch <HI>Iri&s;h</HI> as &s;hould be aiding or a&s;&s;i&s;ting as afore&s;aid, to introduce the Authority of the See of <HI>Rome</HI> into that Kingdom?</P>
<P>Whether all the Freeholders of Land, and all the Freemen of Burrough Towns who cho&s;e Repre&s;entatives to &s;it in the Su|preme Council, or pretended Parliament, to introduce or maintain that Authority, are not attainted by that Law?</P>
<P>Whether by the &s;aid Act all the Forfei|tures of that Rebellion were not ve&s;ted in the then King for the u&s;es of the &s;aid Act;
<PB N="3" REF="2">and whether a Moiety of the &s;aid U&s;es, were ever &s;atisfied?</P>
<P>Whether the King by the &s;aid Act did not dive&s;t him&s;elf and his Succe&s;&s;ors of any Power to Pardon any of the afore&s;aid At|tainted <HI>Iri&s;h,</HI> without the con&s;ent of the Lords and Commons a&s;&s;embled in the Par|liament of <HI>England?</HI></P>
<P>Whether any of the &s;aid <HI>Iri&s;h,</HI> or their Po|&s;terity, can have any Legal Right to the E|&s;tates they enjoyed or po&s;&s;e&s;&s;ed in the Two la&s;t Reigns; they being never pardoned or re&s;tored by the con&s;ent of the &s;aid Lords and Commons; and none of the &s;aid Acts ever yet Repealed or Rever&s;ed, but continue in force to this very day?</P>
<P>Whether upon Examinations it will not appear that the &s;aid <HI>Iri&s;h</HI> and their Po&s;terities have but a very weak and imperfect pre|tence to the &s;aid E&s;tates by the Act of Settle|ment and Explanation, pa&s;t in the Parlia|ment of <HI>Ireland;</HI> and that for the&s;e follow|ing Rea&s;ons?</P>
<LIST>
<ITEM>1. The &s;aid Act of Settlement and Expla|nation does as the Acts of <HI>England,</HI> ve&s;t the Forfeitures in the King for the U&s;es therein mentioned, with only this difference. That the <HI>Engli&s;h</HI> Act ve&s;ts Remainders, which is not in the Ve&s;titure of the <HI>Iri&s;h</HI> Acts.</ITEM>
<ITEM>2. The Enacting Clau&s;es of the <HI>Iri&s;h</HI> Acts, rai&s;es Rents above the <HI>Engli&s;h</HI> Acts, and retrenches one Third what is allowed by the <HI>Engli&s;h</HI> Acts to the Adventurers.</ITEM>
<ITEM>3. The U&s;es mentioned in the &s;aid <HI>Iri&s;h</HI> Acts, were as the afore&s;aid <HI>Engli&s;h</HI> Acts, never half paid or &s;atisfied.</ITEM>
<ITEM>4. Both the &s;aid <HI>Iri&s;h</HI> Acts declares chief Favour to the Prote&s;tant Intere&s;t; and pro|vides, That none of them &s;hould be remo|ved, before reprized with other Lands of equal Value, Worth, and Purcha&s;e; yet not one of twenty of the Prote&s;tants have re|ceived any Benefit by the &s;aid Clau&s;e, but after Ten years Po&s;&s;e&s;&s;ion many were turn|ed out without any Reprize for Lands or Improvements, when the &s;aid Improve|ments were of greater Value than the Lands were worth, when they entred on them; and the while, large Donatives were given by the &s;aid Acts to all the <HI>Iri&s;h</HI> Gene|rals that were then alive, who had not on|ly their former Propriety re&s;tored, but mo&s;t of them had new Honours conferred upon them by the King, and Large Donatives given them by Provi&s;oes in the <HI>Iri&s;h</HI> Acts, or were made Innocent by the Decrees of the Court of Claims.</ITEM>
<ITEM>5. The Acts of Settlement gives a twelve Months time for its Execution, and pre&s;cribes tho&s;e &s;trict Rules for Adjudication of Inno|cents, that an Ingenious <HI>Iri&s;hman</HI> upon rea|ding the &s;aid Act affirmed, that his Country|men might as well plead Innocency upon the terms of the Decalogue with God Almigh|ty, as with his Vicegerent, on the Qualifica|tions of Innocency by the Act of Settlement; yet however the proof of the <HI>Iri&s;h</HI> Nocency being placed on the <HI>Briti&s;h,</HI> and the <HI>Iri&s;h</HI> ha|ving made all within their Reach either ac|ce&s;&s;ary to their guilt, or &s;ubject to their wrath, there were few or none left alive to give Evidence again&s;t them; the Officers and Soldiers who &s;erved before the year 1649. having arrears due by the &s;aid Acts, were adjudged parties, by the Commi&s;&s;ioners and <HI>Iri&s;h</HI> Evidence, being refu&s;ed as <HI>Participes Criminis,</HI> &s;o there being but little Evidence left, many times Innocents were made as fa&s;t as Claims were read.</ITEM>
<ITEM>6. The Commi&s;&s;ioners for Claims were &s;o long delayed, that the twelve Months time allowed by the Act of Settlement was efflu|xed before the Commi&s;&s;ioners met, which defect was &s;upplied by another Act of Par|liament, commonly called an Act of Peri|ods, which gave the &s;aid Commi&s;&s;ioners &s;ix Months time for re&s;toring of Innocents, and &s;ix Months more in Ca&s;e the Lord Lieute|nant and Council &s;hould con&s;ent thereunto; but the &s;aid Lord Lieutenant and Council were &s;o little &s;atisfied in the ju&s;tice of the &s;aid Commi&s;&s;ioners proceedings, that they po&s;itively refu&s;ed any Enlargement of the &s;aid term, however the Commi&s;&s;ioners pro|ceeded and re&s;tored &s;ix times more Inno|cents, when they had no power or autho|rity for &s;o doing, than they did before.</ITEM>
<ITEM>7. The <HI>Iri&s;h</HI> Claimants do mo&s;t of them under their Hands and Seals confe&s;s that they enjoyed their E&s;tates Real and Per&s;on|al till turned out by the U&s;urpt power, when it is well known, no <HI>Briti&s;h</HI> could live in tho&s;e Quarters, and by the Books of Di&s;tri|bution of Quarters, made by the Ce&s;&s;ation, it is clear that nine parts in ten of the whole Kingdom was <HI>Iri&s;h</HI> Quarters.</ITEM>
<ITEM><HI>La&s;tly,</HI> Many of the <HI>Iri&s;h</HI> under their &s;aid Hands and Seals claimed the benefit of the Articles of Peace, made <HI>Anno</HI> 1648, which as well as the former are excluded from any claim of Innocency by the expre&s;s qualification of the Act of Settlement.</ITEM>
</LIST>
<P><HI>Memorandum,</HI> That the Act of Settlement confirms only &s;uch Decrees of the Com|mi&s;&s;ioners as are pur&s;uant to the &s;aid Act.</P>
<P N="1">1. <HI>Quer.</HI> Whether the <HI>Iri&s;h</HI> could have any Legal Title to the E&s;tates they po&s;&s;e&s;&s;ed and enjoyed in the two la&s;t Reigns on colour of &s;uch Decrees upon tho&s;e Claims?</P>
<P N="2">2. <HI>Qu.</HI> What Right the <HI>Iri&s;h</HI> can pretend
<PB N="4" REF="3">to the E&s;tates they were re&s;tored unto, when the Commi&s;&s;ioners had no power to make &s;uch Decrees?</P>
<P>Were the <HI>Iri&s;h</HI> Claims, Decrees, Acts of Periods with the Qualifications of Innocen|cy, mentioned in the Act of Settlement. compared together, not one of fifty of the &s;aid Decrees wou'd be found Legal, or pur|&s;uant to the &s;aid Acts.</P>
<P>Whether his Maje&s;ty by the Articles of <HI>Galway,</HI> and <HI>Lymerick,</HI> is now obliged to give the <HI>Iri&s;h</HI> a better or more Legal Title to the E&s;tates they enjoyed, and po&s;&s;e&s;&s;ed in the two la&s;t Reigns?</P>
<P>Which Right appearing to be none, by the afore&s;aid <HI>Engli&s;h</HI> Laws, and &s;o lame and de|fective by the afore&s;aid <HI>Iri&s;h</HI> Acts, and the <HI>Galway</HI> and <HI>Lymerick Iri&s;h</HI> having many of them in per&s;on, and all of them by their Repre&s;entatives, made null and void the &s;aid <HI>Iri&s;h</HI> Laws, by their pretended Parlia|ment, with that Declaration of Abhorrency and Contempt, that they cau&s;ed both the &s;aid Acts publickly to be burnt by the hands of the Common Hangman.</P>
<P><HI>Query.</HI> What Ju&s;tice can they pretend to the E&s;tates they po&s;&s;e&s;&s;ed and enjoyed in the two la&s;t Reigns, only by virtue of the &s;aid Acts, &s;o annulled and contemned by them|&s;elves?</P>
<P>There being as afore&s;aid, difference in the Ve&s;titures, and the Enacting Clau&s;es of the <HI>Engli&s;h</HI> and <HI>Iri&s;h</HI> Acts,</P>
<P>Whether it may not be a dangerous Pre&s;i|dent to Po&s;terity, that the Parliament of <HI>Ireland</HI> &s;hould a&s;&s;ume a power to Alter, Change, Rever&s;e, or Repeal any Acts or Clau&s;e of Acts pa&s;t in the Parliament of <HI>England?</HI></P>
<P>Whether the &s;itting of a Parliament in <HI>Ireland,</HI> continued from 1640 to 1647, whil&s;t the Parliament in <HI>England</HI> pa&s;t the Laws 17^o <HI>&amp;</HI> 18^o of <HI>Charles</HI> the Fir&s;t to bind <HI>Ire|land,</HI> was not only a tacit and implicit, but a full con&s;ent beyond all contradiction, that Laws made in <HI>England,</HI> even when there is a Parliament &s;itting in <HI>Ireland,</HI> are binding there, &s;eeing in all that time it was not que|&s;tioned by that Parliament of <HI>Ireland</HI> then &s;itting?</P>
<P><HI>La&s;tly,</HI> Since that the Laws of <HI>England</HI> and <HI>Ireland</HI> are &s;o jarring as afore&s;aid, Whe|ther it would not contribute much to the improvement, quiet and &s;atisfaction of that now de&s;olate Kingdom, and a good Expedi|ent to root up tho&s;e mi&s;chievous Fibres which have con&s;tantly Repullulated into a forty years Rebellion?</P>
<P>VVhether it be not de&s;irable, that his Ma|je&s;ty will be Graciou&s;ly plea&s;ed, that one and the &s;ame Act &s;hould pa&s;s both Parliaments of <HI>England</HI> and <HI>Ireland</HI> to &s;ecure the Titles of the <HI>Briti&s;h,</HI> and &s;uch of the <HI>Galway</HI> and <HI>Lymerick Iri&s;h</HI> as his Maje&s;ty knows mo&s;t de&s;erving his favour, and mo&s;t likely to live well and Loyally with the <HI>Briti&s;h,</HI> and to leave the re&s;t of that Rebellious Herd, to &s;tand or fall by their pre&s;ent Titles?</P>
<P>And whether it is not as de&s;irable, That His Maje&s;ty would be further graciou&s;ly plea&s;ed to grant an Act of Regi&s;try, to &s;e|cure Property again&s;t Perjury and Forgery; whereby the Ruins of that Kingdom would &s;oon be repaired, His Maje&s;ties Revenue highly improved, Trade Encrea&s;ed, Ex|pen&s;ive and Vexatious Suits of Law preven|ted, and without which <HI>Ickabod</HI> mu&s;t be the Character? A Foreigner may be the Ma&s;ter, when that unhappy Country is made a Ha|bitation for wild Bea&s;ts, or wor&s;e Creatures under only the &s;hape and re&s;emblance of Humane Features.</P>
</DIV1>
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<BACK>
<DIV1 TYPE="publisher's advertisement">
<P><LABEL>State Tracts:</LABEL> Being a further Collection of &s;e|veral Choice Treati&s;es relating to the Go|vernment; from the year 1660 to 1689. Now publi&s;hed in a Body, to &s;hew the Nece&s;|&s;ity, and clear the Legality of the Late Re|volution, and Our pre&s;ent Happy Settlement, under the Au&s;picious Reign of Their Maje|je&s;ties King <HI>VVilliam</HI> and Queen <HI>Mary.</HI> Printed for <HI>Richard Baldwin.</HI></P>
</DIV1>
<DIV1 TYPE="colophon">
<P>LONDON: <HI>Printed for</HI> Richard Baldwin, <HI>near the</HI> Oxford-Arms <HI>in</HI> Warwick-Lane, <HI>1691.</HI></P>
</DIV1>
</BACK>
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