Thomas Davis, Selections from his Prose and Poetry. Thomas Osborne Davis

a miller, who, in order to avoid taking the Solemn League and Covenant, removed from the North of Scotland, and settled in Antrim, where William was born, 1st of May, 1650. (See Harris's "Ware," Bishops of Derry.) He was educated at Dungannon, was a sizar, "native," and schoolmaster in T.C.D., and was ordained in 1673. Parker, archbishop of Tuam, gave him a heap of livings, and on being translated to Dublin, procured the Chancellorship of St. Patrick's for King in 1679. This he held during the Revolution. He was imprisoned in 1689 on suspicion, but after some months was released, through the influence of Herbert and Tyrconnell, and notwithstanding C. J. Nugent's opposition. Immediately on his release he wrote his "State of the Protestants of Ireland," printed in London, cum privilegio, at the chief Williamite printer's. It was written and published while the war in Ireland was at its height, and when it was sought at any price to check the Jacobite feeling then beginning to revive in England, by running down the conduct of the Irish, James's most formidable supporters. Moreover, King had been imprisoned (justly or unjustly) by James's council, and he obtained the bishopric of Derry from William, on the 25th of January, 1690 (old style), namely, within thirty-eight weeks before the publication of his book, which was printed, cum privilegio, 15th of October, 1691. Whether the bishopric was the wages of the book, or the book revenge for the imprisonment, we shall not say; but surely King must have had marvellous virtue to write impartially, in excited and reckless times, for so demoralized a party as the English Whigs, when he wrote of transactions yet incomplete, of which there was a perilous stake not only for him but for his friends, and when, of the parties at issue, one gave him a gaol and the other a mitre.

      There is scarcely a section in his book that does not abound with the most superlative charges, put in the coarsest language. All the calumnies as to 1641, which are now confessed to be false, are gospel truths in his book. He never gives an exact authority for any of his graver charges, and his appendix is a valuable reply to his text.

      When, in addition to these external probabilites and intrinsic evidences of falsehood, we add that, immediately on its publication, Lesley wrote an answer to it, denying its main statements as mere lies, and that his book was never replied to, we will not be in a hurry to adopt any statement of King's.

      But in order to see the force of this last objection to King's credibility, something must be known of Lesley.

      Charles Lesley, son of the bishop of Clogher, is chiefly known for his very able controversial writings against Deists, Catholics, and Dissenters. He was a law-student till 1680, when he took orders; and in 1687 became chancellor of Connor. When, in 1688, James appointed a Roman Catholic sheriff for Monaghan, Mr. Lesley, being then sick with gout, had himself carried to the courthouse, and induced the magistrates to commit the sheriff. In fact, it appears from Harris ("Life of William," p. 216, and "Writers of Ireland," pp. 282–6), that Lesley was notorious for his conversions of Roman Catholics, and his stern hostility to Tyrconnell's government. Lesley refused to take the oath of supremacy after the Revolution, and thereby lost all chance of promotion in the Church. He was looked on as the head of the nonjurors, and died in March, 1721–2, at Glaslough, universally respected.

      Such being Mr. Lesley's character, so able, so upright, so zealously Protestant, he, in 1692, wrote an answer to King's "State," in which he accuses King of the basest personal hypocrisy and charges him with having in his book written gross, abominable, and notorious falsehoods, and this he proves in several instances, and in many more renders it highly probable. King died 8th May, 1729, leaving Lesley's book altogether unreplied to.

      Here then was that man—bishop of Derry for eleven years and archbishop of Dublin for twenty-seven years—remaining silent under a charge of deliberate and interested falsehood, and that charge made by no unworthy man, but by one of his own country, neighbourhood, and creed—by one of acknowledged virtue, high position, and vast abilities.

      Nor is this all; Lesley's book was not only unanswered; it was watched and attempted to be stopped, and when published, was instantly ordered to be suppressed, as were all other publications in favour of the Irish or of King James.

      The reader is now in a position to judge of the credibility of any assertion of King's, when unsupported by other authority.

      King's gravest charges are in the following passage:—

      "These members of the House of Commons are elected either by freeholders of counties, or the freemen of the corporations; and I have already showed how king James wrested these out of the hands of Protestants, and put them into Popish hands in the new constitution of corporations, by which the freemen and freeholders of cities or boroughs, to whom the election of burgesses originally belongs, are excluded, and the election put into the hands of a small number of men named by the king, and removable at his pleasure. The Protestant freeholders, if they had been in the kingdom, were much more than the papist freeholders, but now being gone, though many counties could not make a jury, as appeared at the intended trial of Mr. Price and other Protestants at Wicklow, who could not be tried for want of freeholders—yet, notwithstanding the paucity of these, they made a shift to return knights of the shire. The common way of election was thus:—The Earl of Tyrconnell, together with the writ for election, commonly sent a letter, recommending the persons he designed should be chosen; the sheriff or mayor being his creature, on receipt of this, called so many of the freeholders of a county or burgesses of a corporation together, as he thought fit, and without making any noise, made the return. It was easier to do this in boroughs—because, by their new charters, the electors were not above twelve or thirteen, and in the greatest cities but twenty-four; and commonly, not half of these in the place. The method of the Sheriff's proceeding was the same; the number of Popish freeholders being very small, sometimes not a dozen in a county, it was easier to give notice to them to appear, so that the Protestants either did not know of the election or durst not appear at it."

      First let us see about the boroughs. King, in his section on the corporations, states in terms that "they" (the Protestants) "thought it reasonable to keep these (corporate towns) in their own hands, as being the foundation of the legislative power, and therefore secluded papists," etc. The purport, therefore, of King's objection to the new constitution under King James's charters was the admission of Roman Catholics. Religious equality was sinful in his eyes.

      The means used by James to change the corporations, namely bringing quo warrantos in the Exchequer against them, and employing all the niceties of a confused law to quash them, we have before condemned. In doing so, he had the precedents of the reigns called most constitutional by English historians, and those not old, but during his brother's reign; nor can anyone who has looked into Brady's treatise on Boroughs doubt that there was plenty of "law" in favour of James's conduct.[26] But still public policy and public opinion in England were against these quo warrantos, and in Ireland they were only approved of by those who were to be benefited by them.

      But the means being thus improper, the use made by James of this power can hardly be complained of. The Roman Catholics were then about 900,000, the Protestants, over 300,000. James, it is confessed, allowed one-third of the corporations to be Protestant, though they were little, if at all, more than one-fourth of the population. This will appear no great injustice in our times, although some of these Protestants may, as it has been alleged, have been "Quakers."

      It must also be remembered that those proceedings were begun not by James but by Charles; that the corporations were, with some show of law, conceived to have been forfeited during the Irish war, or the Cromwellian rule; and that being offered renewals on terms, they refused; whereupon the quo warrantos were brought and decided before the regular tribunals during the earlier and middle part of James's reign. On the 24th September, 1687, James issued his Royal Letter (to be found in Harris's Appendix, pp. 4 to 6), commanding the renewal of the charters. By these renewals, the first members of the corporations were to be named by the lord lieutenant, but they were afterwards to be elected by the corporations themselves. There certainly are non-obstante and non-resistance clauses ordered to be inserted, in the prerogative spirit of that day, which were justly complained of.

      With reference to the number of burgesses, King's statement that the number of electors was usually twelve or thirteen, and in the greatest cities but twenty-four, is untrue. Most of the Irish boroughs were certainly reduced to these numbers under the liberal Hanoverian