Act, List of Attainted, Battle of the Boyne. Introduction...

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The Act of Attainder, March 25, 1689, Dublin Ireland: Act, List of Attainted, Battle of the Boyne. Introduction by Cecilia L. Fabos-Becker In approximately 1668, James Stuart, the future James II, had become Catholic. Shortly thereafter, in 1673, James married Mary of Modena, a Catholic princess. In 1685, when James older brother, King Charles II, died, he left James as his the closest legitimate male heir, and the English Parliament decided to crown James King of England, Scotland and Ireland, anyway. Parliament knew he was Catholic, that he had no sons at that time, and that sons were unlikely. Thus Parliament believed it had no reason to worry about more Catholic monarchs after the elderly James II, and believed that the chance of renewed religious based civil strife in England and Wales was unlikely. However, in 1688, Mary bore James a son and baptized him Catholic. Parliament also learned that James II had been overtly and covertly working to give full, even arguably superior, rights to Catholics in England and to reverse the settlement acts of Ireland of his own brother’s previous reign, which would have dispossessed thousands of Protestants and their families, who had taken up lands in Ireland since 1653, and forced them to try to return to England, Scotland and Wales or to have to emigrate to America. The Parliament began to rebel and forces began to assemble in England and Scotland against James II. Fearing that, like his father, Charles I, he might be executed, James instead abdicated and fled to France. Parliament then crowned a first cousin who married the oldest daughter of James, William of Orange, “King William III” replacing James with a Protestant. King Louis XIV of France was not happy to see the Stuart family return to France for the second time since 1650. Louis and his subjects would have to pay for the Stuarts to live as royalty in France, as the Stuarts had no means of support of their own. So, King Louis persuaded James II to try to regain his throne through Ireland, reminding James that James had already authorized the Earl of Tyrconnell, Lord Talbot, to regarrison all of Ireland using solely Catholics, and that King William III had not yet asserted control of Ireland. Louis provided supplies and troops to support the effort and, in early 1689, sent 8,000 French troops and advisers to Ireland along with James’ advance men, and James sent orders to Tyrconnell to call an all Catholic Parliament in Dublin. In March, 1689, James II and French advisers, including a French ambassador, arrived in Dublin. The ‘Act of Attainder’ was approved by the Catholic Parliament on March 25, 1689, and many Protestants began to flee. However, just 15 months later, in July 1690, King William III soundly defeated the Catholic forces at the Battle of the Boyne, and James II abdicated for the second time. However, much damage had been done in this short period. The members of the Parliament Earl Tyrconnell had selected were mostly Catholics and mostly extremists, and their fervor exceeded the expectations of James II. The Act of Attainder they passed on March 25, 1689 not only revoked the Settlement Acts of 1652 (English Parliament) and 1660 (Charles II) but also all Settlement and Plantation acts going back to those of Elizabeth I and including James’ grandfather, James VI/I. Families who had been in Ireland for over 100 years, some of whom had intermarried with Catholic families, were to all required to surrender their lands and possessions and leave. Catholic families, who had allowed intermarriage or did not agree with the fanatic extremism of the members of that Parliament were held suspect and also among the attainted. The attainted included, notably, a direct descendant of Brian Boru, the O’Brien Lord Inchiquin among others! Page 1 of 2

Transcript of Act, List of Attainted, Battle of the Boyne. Introduction...

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The Act of Attainder, March 25, 1689, Dublin Ireland:Act, List of Attainted, Battle of the Boyne.

Introduction by Cecilia L. Fabos-BeckerIn approximately 1668, James Stuart, the future James II, had become Catholic. Shortly thereafter, in1673, James married Mary of Modena, a Catholic princess. In 1685, when James older brother, KingCharles II, died, he left James as his the closest legitimate male heir, and the English Parliament decidedto crown James King of England, Scotland and Ireland, anyway. Parliament knew he was Catholic, thathe had no sons at that time, and that sons were unlikely. Thus Parliament believed it had no reason toworry about more Catholic monarchs after the elderly James II, and believed that the chance of renewedreligious based civil strife in England and Wales was unlikely.

However, in 1688, Mary bore James a son and baptized him Catholic. Parliament also learned thatJames II had been overtly and covertly working to give full, even arguably superior, rights to Catholicsin England and to reverse the settlement acts of Ireland of his own brother’s previous reign, which wouldhave dispossessed thousands of Protestants and their families, who had taken up lands in Ireland since1653, and forced them to try to return to England, Scotland and Wales or to have to emigrate to America. The Parliament began to rebel and forces began to assemble in England and Scotland against James II.Fearing that, like his father, Charles I, he might be executed, James instead abdicated and fled to France.Parliament then crowned a first cousin who married the oldest daughter of James, William of Orange,“King William III” replacing James with a Protestant.

King Louis XIV of France was not happy to see the Stuart family return to France for the second timesince 1650. Louis and his subjects would have to pay for the Stuarts to live as royalty in France, as theStuarts had no means of support of their own. So, King Louis persuaded James II to try to regain histhrone through Ireland, reminding James that James had already authorized the Earl of Tyrconnell, LordTalbot, to regarrison all of Ireland using solely Catholics, and that King William III had not yet assertedcontrol of Ireland. Louis provided supplies and troops to support the effort and, in early 1689, sent 8,000French troops and advisers to Ireland along with James’ advance men, and James sent orders toTyrconnell to call an all Catholic Parliament in Dublin.

In March, 1689, James II and French advisers, including a French ambassador, arrived in Dublin. The‘Act of Attainder’ was approved by the Catholic Parliament on March 25, 1689, and many Protestantsbegan to flee. However, just 15 months later, in July 1690, King William III soundly defeated theCatholic forces at the Battle of the Boyne, and James II abdicated for the second time.

However, much damage had been done in this short period. The members of the Parliament EarlTyrconnell had selected were mostly Catholics and mostly extremists, and their fervor exceeded theexpectations of James II. The Act of Attainder they passed on March 25, 1689 not only revoked theSettlement Acts of 1652 (English Parliament) and 1660 (Charles II) but also all Settlement andPlantation acts going back to those of Elizabeth I and including James’ grandfather, James VI/I. Families who had been in Ireland for over 100 years, some of whom had intermarried with Catholicfamilies, were to all required to surrender their lands and possessions and leave. Catholic families, whohad allowed intermarriage or did not agree with the fanatic extremism of the members of that Parliamentwere held suspect and also among the attainted. The attainted included, notably, a direct descendant ofBrian Boru, the O’Brien Lord Inchiquin among others!

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If families did not present themselves to the hastily appointed courts of forfeiture by a particular set date,then their lives were also made forfeit, they were to literally be regarded and treated as traitors, underpunishment of death.

Over a thousand persons, heads of households and some wives, remaining in Ireland, were imprisonedwhile James II considered what to do with them as he prepared to fight the invading forces of WilliamIII. Their wives and children were made tenants on the lands they had previously possessed, and theirpossessions seized and given to others. If they had been farming, they were raided repeatedly to supplythe Catholic soldiers in the nearest garrisons, and otherwise abused.

These Protestant prisoners were not freed until after the Battle of the Boyne when William III came toDublin. Those Catholic officials who had remained in Dublin and not fled with the Catholic army toLimerick, nor with James II to Kinsale in Cork, where he promptly boarded a ship back to France, wereanxious to be seen as less extreme and began releasing the prisoners as William approached the city ofDublin.

The reproductions below in this document include the Extracts of the text Walter Harris’ Book whereHarris makes reference to the 1889 Act of Attainder and it’s effect. It includes eyewitness descriptionsof the Battle of the Boyne, which ended the rule of James II for good, and also undid this Act, and anAppendix listing of the thousands of persons the extremist Parliament of 1689 attainted.

Remember, these are heads of households of an average of 5 or 6 persons. For every person on the list,there were several more family members who were also losing everything they had. These heads ofhousehold, or their parents or grandparents, had been granted their rights by the very brother,grandfather, or 2nd great-aunt, of the king and his hand-selected extremist parliament who were takingthem away.

Citation:Harris, Walter. The history of the life and reign of William-Henry, Prince of Nassau and Orange,Stadtholder of the United Provinces, King of England, Scotland, France and Ireland, &c. In which theaffairs of Ireland are more particularly handled, than in any other History. With an appendix, containingCopies of some Original Papers not hitherto published. Illustrated With Plans of Sieges and Battles inIreland, and Medals struck upon the most Memorable Occurrences of his Life. As also, two dissertations.I. On the government of Holland. II. A brief history of the illustrious House of Orange. By Walter HarrisEsq;. Dublin, MDCCXLIX. [1749]. Eighteenth Century Collections Online.Gale.Stanford UniversityLibraries.23 May 2016

Supplemental Source:Here is a link to a University of Michigan Library webpage,http://quod.lib.umich.edu/e/eebo/A47446.0001.001/1:6?rgn=div1;view=fulltext. Here you will find anearlier document, which was hastily thrown together in 1691, 59 years earlier. Although this list is notbeen as well regarded for historical accuracy as the cited 1749 book by Walter Harris, the biggestquestions were not regarding the lists of those attainted, but other unrelated matters. The reason formaking this earlier source document available, is that it’s lists of those attainted have more additonaldetails about the persons being attainted and thus will be useful to family history researchers.

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