Chapter XXXVII: Appendix: NOTE A, p. 117 (2)

1. That all and every person and persons who at any time before the tenth day of November, 1642, being the time of the sitting of the first generall assembly at Kilkenny in Ireland have contrived, advised, counselled, or promoted the Rebellion, murthers, massacres, done or committed in Ireland w'ch began in the year 1641, or have at any time before the said tenth day of November 1642 by bearing armes or contributing men, armes, horses, plate, money, victuall or other furniture or habilliments of warre (other then such w'ch they shall make to appeare to haue been taken from them by meere force & violence) ayded, assisted, promoted, prosecuted or abetted the said rebellion murthers or massacres, be excepted from pardon of life and estate.

2. That all and every person & persons who at any time before the first day of May 1643, did sitt or vote, in the said first generall

assembly, or in the first pretended counsell comonly called the supreame councell of the confederate Catholiques in Ireland or were imployed as secretaries or cheife clearke, to be exempted from pardon for life and estate.

3. That all and every Jesuitt preist and other person or persons who have receaved orders from the Pope or Sea of Rome, or any authoritie from the same, that have any wayes contrived, advised, counselled, promoted, continued, countenanced, ayded, assisted or abetted, or at any time hereafter shall any wayes contriue, advise, councell, promote, continue, countenance, ayde, assist or abett the Rebellion or warre in Ireland, or any the murthers, or massacres, robberies, or violences, comitted against ye Protestants, English, or others there, be excepted from pardon for life and estate.

4. That James Butler earl of Ormond, James Talbot earl of Castelhaven, Ullick Bourke earl of Clanricarde, Christopher Plunket earl of Fingal, James Dillon earl of Roscommon, Richard Nugent earl of Westmeath, Moragh O'Brian baron of Inchiquin, Donogh M'Carthy viscount Muskerry, Richard Butler viscount Mountgarrett, Theobald Taaffe viscount Taaffe of Corren, Rock viscount Fermoy, Montgomery viscount Montgomery of Ards, Magennis viscount of Iveagh, Fleming baron of Slane, Dempsey viscount Glanmaleere, Birmingham baron of Athenry, Oliver Plunket baron of Lowth, Robert Barnwell baron of Trymletstoune, Myles Bourke viscount Mayo, Connor Magwyre baron of Enniskillen, Nicholas Preston viscount Gormanstowne, Nicholas Nettervill, viscount Nettervill of Lowth, John Bramhall late Bishop of Derry, (with eighty-one baronets, knights and gentlemen mentioned by name) be excepted from pardon of life and estate.

5. That all and every person & persons (both principalls and accessories) who since the first day of October 1641 have or shall kill, slay or otherwise destroy any person or persons in Ireland w'ch at ye time of their being soe killed, slaine or destroyed were not publiquely enterteined, and mainteyned in armes as officers or private souldiers for and on behalfe of the English against ye Irish, and all and every person and persons (both principals and accessories) who since the said first day of October 1641 have killed slayne or otherwise destroyed any person or persons entertained and mainteyned as officers or private souldiers for and on behalfe of the English, against the Irish (the said persons soe killing, slaying or otherwise destroying, not being then publiquely enterteyned and mainteyned in armes as officer or private souldier vnder the comand and pay of ye Irish against the English) be excepted from pardon for life and estate.

6. That all and every person & persons in Ireland that are in armes or otherwise in hostilitie against ye Parliam't of ye Commonwealth of England, and shall not wthin eight and twenty dayes after publicacon hereof by ye deputy gen'll of Ireland, and ye comission'rs for the Parliam't, lay downs armes & submitt to ye power and authoritie of ye said Parliam't & commonwealth as ye same is now established, be excepted from pardon for life and estate.

7. That all other person & persons (not being comprehended in any of ye former Qualifications,) who have borne comaund in the warre of Ireland against the Parliam't of England or their forces, as generall, leift'ts generall, major gen'll, commissary generall, colonell, Gouerno'rs of any garrison, Castle or Forte, or who have been imployed as receaver gen'll or Treasurer of the whole Nation, or any prouince thereof, Comissarie gen'll of musters, or prouissions, Marshall generall or marshall of any province, advocate to ye army, secretary to ye councell of warre, or to any generall of the army, or of any the seuerall prouinces, in order to the carrying on the warre, against the parliam't or their forces, be banished dureing the pleasure of the parliam't of ye Com'wealth of England, and their estates forfeited & disposed of as followeth, (viz.) That two third partes of their respective estates, be had taken & disposed of for the vse & benefitt of the said Com'wealth, and that ye other third parte of their said respective estates, or other lands to ye proporcon & value thereof (to bee assigned in such places in Ireland as the Parliam't in order to ye more effectual settlem' of ye peace of this Nation shall thinke fitt to appoint for that purpose,) be respectiuely had taken and enioyed by ye wifes and children of the said persons respectively.

8. That ye deputy gen'll and comission'rs of parliam't have power to declare, That such person or persons as they shall judge capeable of ye parliam'ts mercie (not being comprehended in any of ye former qualifications) who have borne armes against the Parliam't of England or their forces, and have layd downe armes, or within eight & twenty dayes after publicacon hereof by ye deputy gen'll of Ireland and ye Comissioners for ye parliam't, shall lay downe armes & submit to ye power & authoritie of ye said parliam't & com'wealth as ye same is now established, (by promising & ingaging to be true to ye same) shal be pardoned for their liues, but shall forfeit their estates, to the said comonwealth to be disposed of as followeth (viz.) Two third partes thereof (in three equall partes to bee diuided) for the vse benefitt & aduantage of ye said ComOnwealth, and ye other third parte of the said respective states, or other lands to ye proporcon or value thereof) to bee assigned in such places in Ireland as the parliam't in order to ye more effectual settlement of the peace of the Nation shall thinke fitt to appoint for that purpose (bee enioyed by ye said persons their heires or assigns respectively) provided, That in case the deputy gen'll Comission'rs or either of them, shall see cause to give any shorter time than twenty-eight dayes, vnto any person or persons in armes, or any Guarrison, Castle, or Forte, in hostilitie against the Parliam't & shall giue notice to such person or persons in armes or in any Guarrison, Castle or Forte, That all and every such person & persons who shall not wthin such time as shal be sett downe in such notice surrender such Guarrison, Castle, or Forte to ye parliam't, and lay downe armes, shall haue noe advantage of ye time formerly limited in this Qualificacon.

9. That all and every person & persons who have recided in Ireland at any time from the first day of October 1641, to ye first of March 1650, and haue not beene in actuall service of ye parliam't at any time from ye first of August 1649, to the said first of March 1650, or have not otherwise manifested their constant good affections to the interest of ye Comonwealth of England (the said Persons not being comprehended in any of the former Qualificacons) shall forfeit their estates in Ireland to the said Comonwealth to be disposed of as followeth, (viz.), one third parte thereof for the vse, benefitt, and advantage of the said Comonwealth, and the other two third partes of their respective estates, or other lands to the proporcon or value thereof (to bee assigned in such places in Ireland, as ye Parliam't for ye more effectual settlement of ye peace of the Nation shall thinke fitt to appoint for that purpose) bee enioyed by such person or persons their heires or assigns respectively.

10. That all and every person & persons (haueing noe reall estate in Ireland nor personall Estate to the value of ten pounds,) that shall lay downe armes, and submitt to the power and Authoritie of the Parliament by the time limited in the former Qualificacon, & shall take & subscribe the engagem't to be true and faithfull to the Comonwealth of England as the same is now established, within such time and in such manner, as the deputy Generall & commission'rs for the Parliam't shall appoint and direct, such persons (not being excepted from pardon nor adiuged for banishm't by any of the former Qualificacons) shal be pardoned for life & estate, for any act or thing by them done in prosecution of the warre.

11. That all estates declared by the Qualificacons concerning rebells or delinquents in Ireland to be forfeited shal be construed, adiuged & taken to all intents and purposes to extend to ye forfeitures of all estates tayle, and also of all rights & titles thereunto which since the fiue and twentith of March 1639, have beene or shal be in such rebells or delinquents, or any other in trust for them or any of them, or their or any of their vses, w'th all reversions & remainders thereupon in any other person or persons whatsoever.

And also to the forfeiture of all estates limitted, appointed, conveyed, settled, or vested in any person or persons declared by the said Qualificacons to be rebells or delinquents with all reversions or remainders of such estates, conueyed, uested, limitted, declared or appointed to any the heires, children, issues, or others of the blood, name, or kindred of such rebells or delinquents, w'ch estate or estates remainders or reuersions since the 25th of March 1639 have beene or shal be in such rebells or delinquents, or in any their heires, children, issues or others of the blood, name, or kindred of such rebells or delinquents.

And to all estates graunted, limitted, appointed or conueyed by any such rebells or delinquents vnto any their heires, children, issue, w'th all the reversions and remainders thereupon, in any other person of the name, blood or kindred of such rebells or delinquents, provided that this shall not extend to make voyd the estates of any English Protestants, who haue constantly adhered to the parliam't w'ch were by them purchased for valuable consideracon before ye 23rd of October 1641, or vpon like valuable consideracon mortgaged to them before ye tyme or to any person or persons in trust for them for satisfaction of debts owing to them.

NOTE G, p. 396.

I have not been able to ascertain the number of Catholic clergymen who were executed or banished for their religion under Charles I., and under the commonwealth. But I possess an original document, authenticated by the signatures of the parties concerned, which contains the names and fate of such Catholic priests as were apprehended and prosecuted in London between the end of 1640 and the summer of 1651 by four individuals, who had formed themselves into a kind of joint-stock company for that laudable purpose, and who solicited from the council some reward for their services. It should, however, be remembered that there were many others engaged in the same pursuit, and consequently many other victims besides those who are here enumerated.

"The names of such Jesuits and Romish priests as have been apprehended and prosecuted by Capt James Wadsworth, Francis Newton, Thomas Mayo, and Robert de Luke, messengers, at our proper charge; whereof some have been condemned; some executed, and some reprieved since the beginning of the parliament (3 Nov. 1640); the like having not been done by any others since the reformation of religion in this nation:--

William Waller, als. Slaughter, als. Walker, executed at Tyburne.

Cuthbert Clapton, condemned, reprieved and pardoned.

Bartholomew Row, executed at Tyburne.

Thomas Reynolds, executed at Tyburne.

Edward Morgan, executed at Tyburne.

Thomas Sanderson, als. Hammond, executed at Tyburne.

Henry Heath, alias Pall Magdelen, executed at Tyburne.

Francis Quashet, dyed in Newgate after judgment.

Arthur Bell, executed at Tyburne.

Ralph Corbey, executed at Tyburne.

John Duchet, executed at Tyburne.

John Hamond, als. Jackson, condemned, reprieved by the king, and died in Newgate.

Walter Coleman, condemned and died in Newgate,

Edmond Cannon, condemned and died in Newgate.

John Wigmore, als. Turner, condemned, reprieved by the king, and is in custodie in Newgate.

Andrew Ffryer, alias Herne, als. Richmond, condemned and died in Newgate.

Augustian Abbot, als. Rivers, condemned, reprieved by the king, and died in Newgate.

John Goodman, condemned and died in Newgate.

Peter Welford, condemned and died in Newgate.

Thomas Bullaker, executed at Tyburne.

Robert Robinson, indicted and proved, and made an escape out of the King's Bench.

James Brown, condemned and died in Newgate.

Henry Morse, executed at Tyburne.

Thomas Worseley, alias Harvey, indicted and proved, and reprieved by the Spanish ambassador and others.

Charles Chanie (Cheney) als. Tomson, indicted and proved, and begged by the Spanish ambassador, and since taken by command of the councell of state, and is now in Newgate.

Andrew White, indicted, proved, reprieved before judgment, and banished.

Richard Copley, condemned and banished.

Richard Worthington, found guiltie and banished.

Edmond Cole, Peter Wright, and William Morgan, indicted, proved, and sent beyond sea.

Philip Morgan, executed at Tyburne.

Edmond Ensher, als. Arrow, indicted, condemned, reprieved by the parliament and banished.

Thomas Budd, als. Peto, als. Gray, condemned, reprieved by the lord mayor of London, and others, justices, and since retaken by order of the councell of state, and is now in Newgate.

George Baker, als. Macham, indicted, proved guiltie, and now in Newgate.

Peter Beale, als. Wright, executed at Tyburne.

George Sage, indicted by us, and found guiltie, and since is dead.

James Wadsworth.

Francis Newton.

Thomas Mayo.

Robert de Luke."

This catalogue tells a fearful but instructive tale; inasmuch as it shows how wantonly men can sport with the lives of their fellow-men, if it suit the purpose of a great political party. The patriots, to enlist in their favour the religious prejudices of the people, represented the king as the patron of popery, because he sent the priests into banishment, instead of delivering them to the knife of the executioner. Hence, when they became lords of the ascendant, they were bound to make proof of their orthodoxy; and almost every execution mentioned above took place by their order in 1642, or 1643. After that time they began to listen to the voice of humanity, and adopted the very expedient which they had so clamorously condemned. They banished, instead of hanging and quartering.

NOTE H, p. 493.

_Revenue of the Protector._

When the parliament, in 1654, undertook to settle an annual sum on the protector, Oliver Cromwell, the following, according to the statement of the sub-committee, was the amount of the revenue in the three kingdoms:--

Excise and customs in England . . . . . . . . . . . £80,000
Excise and customs in Scotland . . . . . . . . . . 10,000
Excise and customs in Ireland . . . . . . . . . . . 20,000
Monthly assessments in England (at 60,0001.) . . . 720,000
Monthly assessments in Ireland (at 8,0001.) . . . . 96,000
Monthly assessments in Scotland (at 8,0001.) . . . 96,000
Crown revenue in Guernsey and Jersey . . . . . . . 2,000
Crown revenue in Scotland . . . . . . . . . . . . . 9,000
Estates of papists and delinquents in England . . . 60,000
Estates of papists and delinquents in Scotland . . 30,000
Rent of houses belonging to the crown . . . . . . . 1,250
Post-office . . . . . . . . . . . . . . . . . . . . 10,000
Exchequer revenue . . . . . . . . . . . . . . . . . 20,000
Probate of wills . . . . . . . . . . . . . . . . . 10,000
Coinage of tin . . . . . . . . . . . . . . . . . . 2,000
Wine licenses . . . . . . . . . . . . . . . . . . . 10,000
Forest of Dean . . . . . . . . . . . . . . . . . . 4,000
Fines on alienations . . . . . . . . . . . . . . . 20,000
---------
£1,200,000

[From the original report in the collection of Thomas Lloyd, Esq.]

NOTE I, p. 558.

_Principles of the Levellers_.

The following statement of the principles maintained by the Levellers is extracted from one of their publications, which appeared soon after the death of Cromwell, entitled "The Leveller; or, The Principles and Maxims concerning Government and Religion, which are asserted by those that are commonly called Levellers, 1659."

_Principles of Government_.

1. The government of England ought to be by laws, and not by men; that is, the laws ought to judge of all offences and offenders, and all punishments and penalties to be inflicted upon criminals; nor ought the pleasure of his highness and his council to make whom they please offenders, and punish and imprison whom they please, and during pleasure.

2. All laws, levies of moneys, war and peace, ought be made by the people's deputies in parliament, to be chosen by them successively at certain periods. Therefore there should be no negative of a monarch, because he will frequently by that means consult his own interest or that of his family, to the prejudice of the people. But it would be well if the deputies of the people were divided into two bodies, one of which should propose the laws, and the other adopt or reject them.

3. All persons, without a single exception, should be subject to the law.

4. The people ought to be formed into such a military posture by and under the parliament, that they may be able to compel every man to obey the law, and defend the country from foreigners. A mercenary (standing) army is dangerous to liberty, and therefore should not be admitted.

_Principles of Religion._

1. The assent of the understanding cannot be compelled. Therefore no man can compel another to be of the true religion.

2. Worship follows from the doctrines admitted by the understanding. No man therefore can bind another to adopt any particular form of worship.

3. Works of righteousness and mercy are part of the worship of God, and so far fall under the civil magistrate, that he ought to restrain men from irreligion, that is, injustice, faith-breaking, oppression, and all other evil works that are plainly evil.

4. Nothing is more destructive to true religion than quarrels about religion, and the use of punishments to compel one man to believe as another.

NOTE K, p. 608.

That Sir Anthony Ashley Cooper was deeply engaged in the intrigues of this busy time is sufficiently manifest. He appears to have held himself out to every party as a friend, and to have finally attached himself to the royalists, when he saw that the royal cause was likely to triumph. Charles acknowledged his services in the patent by which he was created Lord Ashley, mentioning in particular "his prudent and seasonable advice with General Monk in order to the king's restoration."--Dugd. ii. 481. From this passage we may infer that Cooper was one of Monk's confidential advisers; but his admirers have gone much farther, attributing to him the whole merit of the restoration, and representing the lord-general as a mere puppet in the hands of their hero. In proof they refer to the story told by Locke (iii. 471),--a story which cannot easily be reconciled with the more credible and unpretending narrative of Clarges, in Baker's Chronicle, p. 602, edit. 1730. But that the reader may form his own judgment, I shall subjoin the chief heads of each in parallel columns.

CLARGES

1. Scot, Hazlerig, and others sought and obtained a private interview with Monk at Whitehall; and Clarges, from their previous conversation with himself, had no doubt that their object was to offer the government of the kingdom to the general.

2. The council of state was sitting in another room; and Clarges, sending for Sir A.A. Cooper, communicated his suspicion to him.

3. After some consultation it was agreed that, as soon as Monk, having dismissed Scot and Hazlerig, should enter the council-room, Cooper should move that the clerks be ordered to withdraw.

4. When this was done, Cooper said that he had received notice of a dangerous design; that some seditious persons had made "indecent proposals" to the general; and of such proposals he desired that the council might have a full discovery.

5. Monk, unwilling to expose them, replied that there was very little danger in the case; that some persons had, indeed, been with him to be resolved in scruples respecting the present transactions in parliament; but that he had sent them away well satisfied (p. 602).

6. Bordeaux offered to Monk through Clarges the aid of Mazarin, whether it were his object to restore the king, or to assume the government himself. Monk refused; but consented to receive a visit of civility from the ambassador, on condition that politics should not be introduced (p. 604).

LOCKE

1. Bordeaux, the French ambassador, visited Monk one evening, and Mrs. Monk, who had secreted herself behind the hangings, heard him offer the aid of Mazarin to her husband, if he was willing to take the government on himself, which offer the general accepted.

2. Mrs. Monk sent her brother Clarges to communicate the discovery of her husband's ambitious design to Sir A.A. Cooper.

3. Cooper caused a council to be called, and, when they were met, moved that the clerks should withdraw, because he had matter of consequence to communicate.

4. He then charged Monk, "not openly, but by insinuation, that he was playing false with them, so that the rest of the council perceived there was something in it, though they knew not what was meant."

5. Monk replied that he was willing to satisfy them that he was true to his principles. Then, said Ashley, replace certain officers of suspicious character by others of known fidelity. This was done on the spot; the command of the army by the change was virtually taken from Monk; and he was compelled to declare for Charles Stuart

It may be thought that Locke's narrative derives confirmation from another version of the same story in the Life of Lord Shaftesbury, lately edited by Mr. Cooke, with the following variations. Bordeaux is made to accompany the republicans; the greater part of the night is spent in consultation, and Monk not only consents to assume the government, but resolves to arrest in the morning Cooper and several other influential individuals (p. 233-235). But that life cannot be considered as an authority; for the documents from which it is said to have been compiled are neither quoted nor described by its author, nor have ever been seen by its present editor.

END OF VOL. VIII.