Thomas Davis, Selections from his Prose and Poetry Part 3

Sir Richard Nagle, the Speaker, was the descendant of an old Norman family (said to be the same as the Nangles) settled in Cork. His paternal castle, Carrignancurra, is on the edge of a steep rock, over the meadows of the Blackwater, half-a-dozen miles below Mallow. It is now the property of the Foot family, and here may still be seen the mouldering ruin where that subtle lawyer first learned to plan.

Peacefully now look the long oak-clad cliffs on the happy river.

Nagle had obtained a splendid reputation at the Irish Bar. "He had been educated among the Jesuits, and designed for a clergyman," says King, "but afterwards betook himself to the study of the law, in which he arrived to a good perfection." Harris, likewise, calls him "an artful lawyer of great parts." Tyrconnell valued him rightly, and brought him to England with him in the autumn of 1686. His reputation seems to have been great, for it seems the lords interested in the Settlement Act, "on being informed of Nagle's arrival, were so transported with rage that they would have had him immediately sent out of London."

He was knighted, and made attorney-general in 1687; and on James's arrival, March, 1688-9, he was made secretary of state. He is said, we know not how truly, to have drafted the Commons' bill for the repeal of the Settlement.

Let us mention some of the members.--Nagle's colleague in Cork was Colonel MacCarty, afterwards Lord Mountcashel. Miles de Courcy, afterwards Lord Kinsale, MacCarty Reagh, who finally settled in France.

His descendant, Count MacCarty Reagh, was notable for having one of the finest libraries in Europe, which was sold after the Revolution.

The Rt. Hon. Simon Lutteral raised a dragoon regiment for James, and afterwards commanded the Queen's regiment of infantry in the Brigade.

He was father to Colonel Henry Lutteral, accused of having betrayed the pa.s.sage of the Shannon at Limerick; and though Harris throws doubt on this particular act of treason, his correspondence and rewards from William seem sufficient proof and confirmation of his guilt.

Lally of Tullendaly, member for Tuam, was the representative of the O'Lallys, an old Irish sept. His brother, John Gerard Lally, settled in France, and married a sister to Dillon, "_colonel proprietaire_" in the Brigade, and was Colonel commanding in this ill.u.s.trious regiment. Sir Gerard was father to the famous Count Thomas Lally Tollendal, who, after having served from the age of twelve to sixty-four in every quarter of the globe, from Barcelona to Dettingen, and from Fontenoy to Pondicherry, was beheaded on the 9th of May, 1766. The Marquis De Lally Tollendal, a distinguished lawyer and statesman of the Bourbonist party, and writer of the life of Strafford, and many other works, was a grand-nephew to James Lally, the member for Tuam in '89.

Colonel Roger Mac Elligot, who commanded Lord Clancarty's regiment (the 12th infantry) in the Brigade, was member for Ardfert.

Limerick.--Sir John Fitzgerald was "_col. propr._" of the regiment of Limerick (8th infantry) in the Brigade.

Oliver O'Gara, member for Tulske, was Lieutenant-Colonel of the guards under Colonel Dorrington.

Hugh Mac Mahon, Gordon O'Nials Lieutenant-Colonel, was member for Monaghan.

The Right Hon. Nicholas Purcell, member for Tipperary, was a Privy Councillor early in James's reign. His family were Barons of Loughmoe, and of great consideration in those parts.

The first bill introduced into the Lords was on the 8th of May--that for the recognition of the king--and the same day committees of grievance were appointed.

--------------------------------------------------------------- [26] Hallam ("Const.i.tutional History," chaps. 13 and 14) contains enough to show the uncertainty of the law. Throughout these, as in all parts of his work, he is a jealous Williamite and a bigoted Whig. His treatment of Curry has been justly censured by Mr. Wyse, in his valuable "History of the Catholic a.s.sociation," vol. i., pp. 36-7.

CHAPTER IV.

THE SESSION.

It is needless for us to track the parliament through the debates of the session, which lasted till the 20th July. The few acts (thirty-five), pa.s.sed in two months, received full and earnest discussion; committees and counsel were heard on many of them (the Acts for repealing the Settlement in particular), and this parliament refused even to adjourn during any holiday.

We trust our readers will deal like searchers for truth, not like polemics, with these doc.u.ments, and with the history of these times.

But, above all, let them not approach the subject unless it be in a spirit enlightened by philosophy and warmed by charity. Thus studied, this time, which has been the armoury of faction, may become the temple of reconciliation. The descendant of the Williamite ought to sympathise with the urgent patriotism and loyalty of the parliament, rather than dwell on its errors, or on the sufferings which civil war inflicted on his forefathers. The heir of the Jacobite may well be proud of such countrymen as the Inniskilliners and the 'Prentice Boys of Derry. Both must deplore that the falsehoods, corruption, and forgeries of English aristocrats, the imprudence of an English king, and the fickleness of the English people placed the n.o.ble cavalry which slew Schomberg, and all but beat William's immense ma.s.ses at the Boyne, in opposition to the stout men of Butler's-bridge and Cavan. What had not the defenders of Derry and Limerick, the heroes of Athlone, Inniskillen, and Aughrim done, had they cordially joined against the alien? Let the Roman Catholics, crushed by the Penal Code, let the Protestants, impoverished and insulted by England, till, musket in hand and with banners displayed, they forced their rights from her in '82--let both look narrowly at the causes of those intestine feuds, which have prostrated both in turn before the stranger, and see whether much may not be said for both sides, and whether half of what each calls crime in the other is not his own distrust or his neighbour's ignorance. Knowledge, Charity, and Patriotism are the only powers which can loose this Prometheus-land. Let us seek them daily in our own hearts and conversation.

The Acts and other official doc.u.ments of James's Parliament were ordered by William's Parliament to be burned, and became extremely scarce. In 1740 they were printed in Dublin by Ebenezer Rider, and from that collection we propose to reprint the most important of them, as the best and most solid answer to misrepresentation.

The Parliament which pa.s.sed those Acts was the first and the last which ever sat in Ireland since the English invasion, possessed of national authority, and complete in all its parts. The king, by law and in fact--the king who, by his Scottish descent, his creed, and his misfortunes, was dear (mistakenly or not) to the majority of the then people of Ireland--presided in person over that Parliament. The peerage consisted of the best blood, Milesian and Norman, of great wealth and of various creeds. The Commons represented the Irish septs, the Danish towns, and the Anglo-Irish counties and boroughs. No Parliament of equal rank, from King to Commons, sat here since; none sat here before or since so national in composition and conduct.

Standing between two dynasties--endangering the one, and almost rescuing the other--acting for a nation entirely unchained then for the first time in 500 years--this Parliament and its Acts _ought_ to possess the very greatest interest for the historian and the patriot.

This was the speech with which his Majesty opened the Session:--

_My Lords and Gentlemen_,

The Exemplary Loyalty which this Nation hath expressed to me, at a time when _others_ of my _Subjects undutifully misbehaved themselves to me, or so basely deserted me_: And your seconding my Deputy, as you did, in His Firm and Resolute a.s.serting my Right, in preserving this Kingdom for me, and putting it in a Posture of Defence; made me resolve to come to you, and to venture my life with you, in the defence of your Liberties and my Own Right. And to my great Satisfaction I have not only found you ready to serve me, but that your Courage has equalled your Zeal.

I have always been for Liberty of Conscience, and against invading any Man's Property; having still in my Mind that Saying in Holy Writ, _Do as you would be done to, for that is the Law and the Prophets_.

_It was this Liberty of Conscience I gave, which my Enemies both Abroad and at Home dreaded; especially when they saw that I was resolved to have it Established by Law in all my Dominions, and made them set themselves up against me_, though for different Reasons. Seeing that if I had once settled it, _My people_ (_in the Opinion of the One_) would have been too happy; and I (_in the Opinion of the Other_) too great.

_This Argument was made use of_, to persuade their own People to joyn with them, and to many of my Subjects to use me as they have done. But nothing shall ever persuade me to change my Mind as to that; and wheresoever I am the Master, I design (G.o.d willing) to Establish it by Law; and have no other Test or Distinction but that of Loyalty.

I expect your Concurrence in so Christian a Work, and in making Laws against Prophaneness and all Sorts of Debauchery.

I shall also most readily consent to the making such Good and Wholesome Laws as may be for the general Good of the Nation, the Improvement of Trade, and the relieving of such as have been injured by the late _Acts of Settlement_, as far forth as may be consistent with Reason, Justice, and the Publick Good of my People.

And as I shall do my Part to make you Happy and Rich, I make no Doubt of your a.s.sistance; by enabling me to oppose the unjust Designs of my Enemies, and to make this Nation flourish.

And to encourage you the more to it, you know with what Ardour and Generosity and Kindness the Most Christian King gave a secure retreat to the Queen, my Son, and Myself, when we were forced out of _England_, and came to seek for Protection and Safety in his Dominions; how he embraced my Interest, and gave me such Supplies of all Sorts as enabled me to come to you; which, without his obliging a.s.sistance, I could not have done: _This he did_ at a Time when he had so many and so considerable Enemies to deal with: _and you see still continues to do_.

I shall conclude as I have begun, and a.s.sure you I am as sensible as you can desire of the signal Loyalty you have expressed to me; and shall make it my chief study (as it always has been) to make you and all my Subjects happy.

These were the Acts of that memorable parliament.

CHAPTER I.

An Act of Recognition.

CHAPTER II.

An Act for Annulling and making Void all Patents of Officers for Life, or during good Behaviour.

CHAPTER III.

An Act declaring, That the Parliament of England cannot bind Ireland [and] against Writs of Error and Appeals, to be brought for Removing Judgments, Decrees, and Sentences given in Ireland, into England.

CHAPTER IV.

An Act for Repealing the Acts of Settlement, and Explanation, Resolution of Doubts and all Grants, Patents and Certificates, pursuant to them or any of them. [This Act will be dealt with separately in the next chapter.]

CHAPTER V.

An Act for punis.h.i.+ng of persons who bring in counterfeit Coin of foreign Realms being current in this Realm, or counterfeit the same within this Realm, or wash, clip, file, or lighten the same.

CHAPTER VI.