The History of England, from the Accession of James II — Volume 3

There can be no question that James, in thus altering, by his own authority, the terms of all the contracts in the kingdom, assumed a power which belonged only to the whole legislature. Yet the Commons did not remonstrate. There was no power, however unconstitutional, which they were not willing to concede to him, as long as he used it to crush and plunder the English population. On the other hand, they respected no prerogative, however ancient, however legitimate, however salutary, if they apprehended that he might use it to protect the race which they abhorred. They were not satisfied till they had extorted his reluctant consent to a portentous law, a law without a parallel in the history of civilised countries, the great Act of Attainder.

A list was framed containing between two and three thousand names. At the top was half the peerage of Ireland. Then came baronets, knights, clergymen, squires, merchants, yeomen, artisans, women, children. No investigation was made. Any member who wished to rid himself of a creditor, a rival, a private enemy, gave in the name to the clerk at the table, and it was generally inserted without discussion. The only debate of which any account has come down to us related to the Earl of Strafford. He had friends in the House who ventured to offer something in his favour. But a few words from Simon Luttrell settled the question. "I have," he said, "heard the King say some hard things of that lord." This was thought sufficient, and the name of Strafford stands fifth in the long table of the proscribed, 229

Days were fixed before which those whose names were on the list were required to surrender themselves to such justice as was then administered to English Protestants in Dublin. If a proscribed person was in Ireland, he must surrender himself by the tenth of August. If he had left Ireland since the fifth of November 1688, he must surrender himself by the first of September. If he had left Ireland before the fifth of November 1688, he must surrender himself by the first of October. If he failed to appear by the appointed day, he was to be hanged, drawn, and quartered without a trial, and his property was to be confiscated. It might be physically impossible for him to deliver himself up within the time fixed by the Act. He might be bedridden. He might be in the West Indies. He might be in prison. Indeed there notoriously were such cases. Among the attainted Lords was Mountjoy. He had been induced by the villany of Tyrconnel to trust himself at Saint Germains: he had been thrown into the Bastile: he was still lying there; and the Irish parliament was not ashamed to enact that, unless he could, within a few weeks, make his escape from his cell, and present himself at Dublin, he should be put to death, 230

As it was not even pretended that there had been any inquiry into the guilt of those who were thus proscribed, as not a single one among them had been heard in his own defence, and as it was certain that it would be physically impossible for many of them to surrender themselves in time, it was clear that nothing but a large exercise of the royal prerogative of mercy could prevent the perpetration of iniquities so horrible that no precedent could be found for them even in the lamentable history of the troubles of Ireland. The Commons therefore determined that the royal prerogative of mercy should be limited. Several regulations were devised for the purpose of making the passing of pardons difficult and costly: and finally it was enacted that every pardon granted by his Majesty, after the end of November 1689, to any of the many hundreds of persons who had been sentenced to death without a trial, should be absolutely void and of none effect. Sir Richard Nagle came in state to the bar of the Lords and presented the bill with a speech worthy of the occasion. "Many of the persons here attainted," said he, "have been proved traitors by such evidence as satisfies us. As to the rest we have followed common fame." 231

With such reckless barbarity was the list framed that fanatical royalists, who were, at that very time, hazarding their property, their liberty, their lives, in the cause of James, were not secure from proscription. The most learned man of whom the Jacobite party could boast was Henry Dodwell, Camdenian Professor in the University of Oxford. In the cause of hereditary monarchy he shrank from no sacrifice and from no danger. It was about him that William uttered those memorable words: "He has set his heart on being a martyr; and I have set my mind on disappointing him." But James was more cruel to friends than William to foes. Dodwell was a Protestant: he had some property in Connaught: these crimes were sufficient; and he was set down in the long roll of those who were doomed to the gallows and the quartering block, 232

That James would give his assent to a bill which took from him the power of pardoning, seemed to many persons impossible. He had, four years before, quarrelled with the most loyal of parliaments rather than cede a prerogative which did not belong to him. It might, therefore, well be expected that he would now have struggled hard to retain a precious prerogative which had been enjoyed by his predecessors ever since the origin of the monarchy, and which had never been questioned by the Whigs. The stern look and raised voice with which he had reprimanded the Tory gentlemen, who, in the language of profound reverence and fervent affection, implored him not to dispense with the laws, would now have been in place. He might also have seen that the right course was the wise course. Had he, on this great occasion, had the spirit to declare that he would not shed the blood of the innocent, and that, even as respected the guilty, he would not divest himself of the power of tempering judgment with mercy, he would have regained more hearts in England than he would have lost in Ireland. But it was ever his fate to resist where he should have yielded, and to yield where he should have resisted. The most wicked of all laws received his sanction; and it is but a very small extenuation of his guilt that his sanction was somewhat reluctantly given.

That nothing might be wanting to the completeness of this great crime, extreme care was taken to prevent the persons who were attainted from knowing that they were attainted, till the day of grace fixed in the Act was passed. The roll of names was not published, but kept carefully locked up in Fitton's closet. Some Protestants, who still adhered to the cause of James, but who were anxious to know whether any of their friends or relations had been proscribed, tried hard to obtain a sight of the list; but solicitation, remonstrance, even bribery, proved vain. Not a single copy got abroad till it was too late for any of the thousands who had been condemned without a trial to obtain a pardon, 233

Towards the close of July James prorogued the Houses. They had sate more than ten weeks; and in that space of time they had proved most fully that, great as have been the evils which Protestant ascendency has produced in Ireland, the evils produced by Popish ascendancy would have been greater still. That the colonists, when they had won the victory, grossly abused it, that their legislation was, during many years, unjust and tyrannical, is most true. But it is not less true that they never quite came up to the atrocious example set by their vanquished enemy during his short tenure of power.

Indeed, while James was loudly boasting that he had passed an Act granting entire liberty of conscience to all sects, a persecution as cruel as that of Languedoc was raging through all the provinces which owned his authority. It was said by those who wished to find an excuse for him that almost all the Protestants who still remained in Munster, Connaught, and Leinster were his enemies, and that it was not as schismatics, but as rebels in heart, who wanted only opportunity to become rebels in act, that he gave them up to be oppressed and despoiled; and to this excuse some weight might have been allowed if he had strenuously exerted himself to protect those few colonists, who, though firmly attached to the reformed religion, were still true to the doctrines of nonresistance and of indefeasible hereditary right. But even these devoted royalists found that their heresy was in his view a crime for which no services or sacrifices would atone. Three or four noblemen, members of the Anglican Church, who had welcomed him to Ireland, and had sate in his Parliament, represented to him that, if the rule which forbade any Protestant to possess any weapon were strictly enforced, their country houses would be at the mercy of the Rapparees, and obtained from him permission to keep arms sufficient for a few servants. But Avaux remonstrated. The indulgence, he said, was grossly abused: these Protestant lords were not to be trusted: they were turning their houses into fortresses: his Majesty would soon have reason to repent his goodness. These representations prevailed; and Roman Catholic troops were quartered in the suspected dwellings, 234

Still harder was the lot of those Protestant clergymen who continued to cling, with desperate fidelity, to the cause of the Lord's Anointed. Of all the Anglican divines the one who had the largest share of James's good graces seems to have been Cartwright. Whether Cartwright could long have continued to be a favourite without being an apostate may be doubted. He died a few weeks after his arrival in Ireland; and thenceforward his church had no one to plead her cause. Nevertheless a few of her prelates and priests continued for a time to teach what they had taught in the days of the Exclusion Bill. But it was at the peril of life or limb that they exercised their functions. Every wearer of a cassock was a mark for the insults and outrages of soldiers and Rapparees. In the country his house was robbed, and he was fortunate if it was not burned over his head. He was hunted through the streets of Dublin with cries of "There goes the devil of a heretic." Sometimes he was knocked down: sometimes he was cudgelled, 235 The rulers of the University of Dublin, trained in the Anglican doctrine of passive obedience, had greeted James on his first arrival at the Castle, and had been assured by him that he would protect them in the enjoyment of their property and their privileges. They were now, without any trial, without any accusation, thrust out of their house. The communion plate of the chapel, the books in the library, the very chairs and beds of the collegians were seized. Part of the building was turned into a magazine, part into a barrack, part into a prison. Simon Luttrell, who was Governor of the capital, was, with great difficulty and by powerful intercession, induced to let the ejected fellows and scholars depart in safety. He at length permitted them to remain at large, with this condition, that, on pain of death, no three of them should meet together, 236 No Protestant divine suffered more hardships than Doctor William King, Dean of Saint Patrick's. He had been long distinguished by the fervour with which he had inculcated the duty of passively obeying even the worst rulers. At a later period, when he had published a defence of the Revolution, and had accepted a mitre from the new government, he was reminded that he had invoked the divine vengeance on the usurpers, and had declared himself willing to die a hundred deaths rather than desert the cause of hereditary right. He had said that the true religion had often been strengthened by persecution, but could never be strengthened by rebellion; that it would be a glorious day for the Church of England when a whole cartload of her ministers should go to the gallows for the doctrine of nonresistance; and that his highest ambition was to be one of such a company, 237 It is not improbable that, when he spoke thus, he felt as he spoke. But his principles, though they might perhaps have held out against the severities and the promises of William, were not proof against the ingratitude of James. Human nature at last asserted its rights. After King had been repeatedly imprisoned by the government to which he was devotedly attached, after he had been insulted and threatened in his own choir by the soldiers, after he had been interdicted from burying in his own churchyard, and from preaching in his own pulpit, after he had narrowly escaped with life from a musketshot fired at him in the street, he began to think the Whig theory of government less unreasonable and unchristian than it had once appeared to him, and persuaded himself that the oppressed Church might lawfully accept deliverance, if God should be pleased, by whatever means, to send it to her.

In no long time it appeared that James would have done well to hearken to those counsellors who had told him that the acts by which he was trying to make himself popular in one of his three kingdoms, would make him odious in the others. It was in some sense fortunate for England that, after he had ceased to reign here, he continued during more than a year to reign in Ireland. The Revolution had been followed by a reaction of public feeling in his favour. That reaction, if it had been suffered to proceed uninterrupted, might perhaps not have ceased till he was again King: but it was violently interrupted by himself. He would not suffer his people to forget: he would not suffer them to hope: while they were trying to find excuses for his past errors, and to persuade themselves that he would not repeat these errors, he forced upon them, in their own despite, the conviction that he was incorrigible, that the sharpest discipline of adversity had taught him nothing, and that, if they were weak enough to recall him, they would soon have to depose him again. It was in vain that the Jacobites put forth pamphlets about the cruelty with which he had been treated by those who were nearest to him in blood, about the imperious temper and uncourteous manners of William, about the favour shown to the Dutch, about the heavy taxes, about the suspension of the Habeas Corpus Act, about the dangers which threatened the Church from the enmity of Puritans and Latitudinarians. James refuted these pamphlets far more effectually than all the ablest and most eloquent Whig writers united could have done. Every week came the news that he had passed some new Act for robbing or murdering Protestants. Every colonist who succeeded in stealing across the sea from Leinster to Holyhead or Bristol, brought fearful reports of the tyranny under which his brethren groaned. What impression these reports made on the Protestants of our island may be easily inferred from the fact that they moved the indignation of Ronquillo, a Spaniard and a bigoted member of the Church of Rome. He informed his Court that, though the English laws against Popery might seem severe, they were so much mitigated by the prudence and humanity of the Government, that they caused no annoyance to quiet people; and he took upon himself to assure the Holy See that what a Roman Catholic suffered in London was nothing when compared with what a Protestant suffered in Ireland, 238

The fugitive Englishry found in England warm sympathy and munificent relief. Many were received into the houses of friends and kinsmen. Many were indebted for the means of subsistence to the liberality of strangers. Among those who bore a part in this work of mercy, none contributed more largely or less ostentatiously than the Queen. The House of Commons placed at the King's disposal fifteen thousand pounds for the relief of those refugees whose wants were most pressing, and requested him to give commissions in the army to those who were qualified for military employment, 239 An Act was also passed enabling beneficed clergymen who had fled from Ireland to hold preferment in England, 240 Yet the interest which the nation felt in these unfortunate guests was languid when compared with the interest excited by that portion of the Saxon colony which still maintained in Ulster a desperate conflict against overwhelming odds. On this subject scarcely one dissentient voice was to be heard in our island. Whigs, Tories, nay even those Jacobites in whom Jacobitism had not extinguished every patriotic sentiment, gloried in the glory of Enniskillen and Londonderry. The House of Commons was all of one mind. "This is no time to be counting cost," said honest Birch, who well remembered the way in which Oliver had made war on the Irish. "Are those brave fellows in Londonderry to be deserted? If we lose them will not all the world cry shame upon us? A boom across the river! Why have we not cut the boom in pieces? Are our brethren to perish almost in sight of England, within a few hours' voyage of our shores?" 241 Howe, the most vehement man of one party, declared that the hearts of the people were set on Ireland. Seymour, the leader of the other party, declared that, though he had not taken part in setting up the new government, he should cordially support it in all that might be necessary for the preservation of Ireland, 242 The Commons appointed a committee to enquire into the cause of the delays and miscarriages which had been all but fatal to the Englishry of Ulster. The officers to whose treachery or cowardice the public ascribed the calamities of Londonderry were put under arrest. Lundy was sent to the Tower, Cunningham to the Gate House. The agitation of the public mind was in some degree calmed by the announcement that, before the end of the summer, an army powerful enough to reestablish the English ascendency in Ireland would be sent across Saint George's Channel, and that Schomberg would be the General. In the meantime an expedition which was thought to be sufficient for the relief of Londonderry was despatched from Liverpool under the command of Kirke. The dogged obstinacy with which this man had, in spite of royal solicitations, adhered to his religion, and the part which he had taken in the Revolution, had perhaps entitled him to an amnesty for past crimes. But it is difficult to understand why the Government should have selected for a post of the highest importance an officer who was generally and justly hated, who had never shown eminent talents for war, and who, both in Africa and in England, had notoriously tolerated among his soldiers a licentiousness, not only shocking to humanity, but also incompatible with discipline.

On the sixteenth of May, Kirke's troops embarked: on the twenty-second they sailed: but contrary winds made the passage slow, and forced the armament to stop long at the Isle of Man. Meanwhile the Protestants of Ulster were defending themselves with stubborn courage against a great superiority of force. The Enniskilleners had never ceased to wage a vigorous partisan war against the native population. Early in May they marched to encounter a large body of troops from Connaught, who had made an inroad into Donegal. The Irish were speedily routed, and fled to Sligo with the loss of a hundred and twenty men killed and sixty taken. Two small pieces of artillery and several horses fell into the hands of the conquerors. Elated by this success, the Enniskilleners soon invaded the county of Cavan, drove before them fifteen hundred of James's troops, took and destroyed the castle of Ballincarrig, reputed the strongest in that part of the kingdom, and carried off the pikes and muskets of the garrison. The next incursion was into Meath. Three thousand oxen and two thousand sheep were swept away and brought safe to the little island in Lough Erne. These daring exploits spread terror even to the gates of Dublin. Colonel Hugh Sutherland was ordered to march against Enniskillen with a regiment of dragoons and two regiments of foot. He carried with him arms for the native peasantry; and many repaired to his standard. The Enniskilleners did not wait till he came into their neighbourhood, but advanced to encounter him. He declined an action, and retreated, leaving his stores at Belturbet under the care of a detachment of three hundred soldiers. The Protestants attacked Belturbet with vigour, made their way into a lofty house which overlooked the town, and thence opened such a fire that in two hours the garrison surrendered. Seven hundred muskets, a great quantity of powder, many horses, many sacks of biscuits, many barrels of meal, were taken, and were sent to Enniskillen. The boats which brought these precious spoils were joyfully welcomed. The fear of hunger was removed. While the aboriginal population had, in many counties, altogether neglected the cultivation of the earth, in the expectation, it should seem, that marauding would prove an inexhaustible resource, the colonists, true to the provident and industrious character of their race, had, in the midst of war, not omitted carefully to till the soil in the neighbourhood of their strongholds. The harvest was now not far remote; and, till the harvest, the food taken from the enemy would be amply sufficient, 243

Yet, in the midst of success and plenty, the Enniskilleners were tortured by a cruel anxiety for Londonderry. They were bound to the defenders of that city, not only by religious and national sympathy, but by common interest. For there could be no doubt that, if Londonderry fell, the whole Irish army would instantly march in irresistible force upon Lough Erne. Yet what could be done? Some brave men were for making a desperate attempt to relieve the besieged city; but the odds were too great. Detachments however were sent which infested the rear of the blockading army, cut off supplies, and, on one occasion, carried away the horses of three entire troops of cavalry, 244 Still the line of posts which surrounded Londonderry by land remained unbroken. The river was still strictly closed and guarded. Within the walls the distress had become extreme. So early as the eighth of June horseflesh was almost the only meat which could be purchased; and of horseflesh the supply was scanty. It was necessary to make up the deficiency with tallow; and even tallow was doled out with a parsimonious hand.

On the fifteenth of June a gleam of hope appeared. The sentinels on the top of the Cathedral saw sails nine miles off in the bay of Lough Foyle. Thirty vessels of different sizes were counted. Signals were made from the steeples and returned from the mast heads, but were imperfectly understood on both sides. At last a messenger from the fleet eluded the Irish sentinels, dived under the boom, and informed the garrison that Kirke had arrived from England with troops, arms, ammunition, and provisions, to relieve the city, 245

In Londonderry expectation was at the height: but a few hours of feverish joy were followed by weeks of misery. Kirke thought it unsafe to make any attempt, either by land or by water, on the lines of the besiegers, and retired to the entrance of Lough Foyle, where, during several weeks, he lay inactive.

And now the pressure of famine became every day more severe. A strict search was made in all the recesses of all the houses of the city; and some provisions, which had been concealed in cellars by people who had since died or made their escape, were discovered and carried to the magazines. The stock of cannon balls was almost exhausted; and their place was supplied by brickbats coated with lead. Pestilence began, as usual, to make its appearance in the train of hunger. Fifteen officers died of fever in one day. The Governor Baker was among those who sank under the disease. His place was supplied by Colonel John Mitchelburne, 246

Meanwhile it was known at Dublin that Kirke and his squadron were on the coast of Ulster. The alarm was great at the Castle. Even before this news arrived, Avaux had given it as his opinion that Richard Hamilton was unequal to the difficulties of the situation. It had therefore been resolved that Rosen should take the chief command. He was now sent down with all speed, 247

On the nineteenth of June he arrived at the head quarter of the besieging army. At first he attempted to undermine the walls; but his plan was discovered; and he was compelled to abandon it after a sharp fight, in which more than a hundred of his men were slain. Then his fury rose to a strange pitch. He, an old soldier, a Marshal of France in expectancy, trained in the school of the greatest generals, accustomed, during many years, to scientific war, to be baffled by a mob of country gentlemen, farmers, shopkeepers, who were protected only by a wall which any good engineer would at once have pronounced untenable! He raved, he blasphemed, in a language of his own, made up of all the dialects spoken from the Baltic to the Atlantic. He would raze the city to the ground: he would spare no living thing; no, not the young girls; not the babies at the breast. As to the leaders, death was too light a punishment for them: he would rack them: he would roast them alive. In his rage he ordered a shell to be flung into the town with a letter containing a horrible menace. He would, he said, gather into one body all the Protestants who had remained at their homes between Charlemont and the sea, old men, women, children, many of them near in blood and affection to the defenders of Londonderry. No protection, whatever might be the authority by which it had been given, should be respected. The multitude thus brought together should be driven under the walls of Londonderry, and should there be starved to death in the sight of their countrymen, their friends, their kinsmen. This was no idle threat. Parties were instantly sent out in all directions to collect victims. At dawn, on the morning of the second of July, hundreds of Protestants, who were charged with no crime, who were incapable of bearing arms, and many of whom had protections granted by James, were dragged to the gates of the city. It was imagined that the piteous sight would quell the spirit of the colonists. But the only effect was to rouse that spirit to still greater energy. An order was immediately put forth that no man should utter the word Surrender on pain of death; and no man uttered that word. Several prisoners of high rank were in the town. Hitherto they had been well treated, and had received as good rations as were measured out to the garrison. They were now, closely confined. A gallows was erected on one of the bastion; and a message was conveyed to Rosen, requesting him to send a confessor instantly to prepare his friends for death. The prisoners in great dismay wrote to the savage Livonian, but received no answer. They then addressed themselves to their countryman, Richard Hamilton. They were willing, they said, to shed their blood for their King; but they thought it hard to die the ignominious death of thieves in consequence of the barbarity of their own companions in arms. Hamilton, though a man of lax principles, was not cruel. He had been disgusted by the inhumanity of Rosen, but, being only second in command, could not venture to express publicly all that he thought. He however remonstrated strongly. Some Irish officers felt on this occasion as it was natural that brave men should feel, and declared, weeping with pity and indignation, that they should never cease to have in their ears the cries of the poor women and children who had been driven at the point of the pike to die of famine between the camp and the city. Rosen persisted during forty-eight hours. In that time many unhappy creatures perished: but Londonderry held out as resolutely as ever; and he saw that his crime was likely to produce nothing but hatred and obloquy. He at length gave way, and suffered the survivors to withdraw. The garrison then took down the gallows which had been erected on the bastion, 248