Page:Studies in Irish History, 1649-1775 (1903).djvu/90

Charles II enemies of their estates; and that these same exemplary persons had subsequently invited his Majesty to come home, and had restored Ireland to his authority.

The body of the Act was worthy of this exordium. With a few exceptions the adventurers and soldiers were suffered to retain their estates. The engagements of 1648 were definitely and finally repudiated; but Irishmen who had had no hand in the rebellion were allowed to hope for restitution. As, however, "the rapines and massacres committed by the Irish and Popish rebels were not only well known to the present Parliament, but were notorious to the world" the first principle of criminal justice was reversed, and the accused were called upon to prove their innocence. From the tribunal which they were required to convince, they could expect no favour and but little justice. "The Act by which the Commissioners were to judge," an English historian tells us, "had been framed and passed without the advice or concurrence of one Irishman or Roman Catholic. The rules by which they were to proceed were expressed in that Act, and the Commissioners chosen were Englishmen, Protestants, men of good reputation for parts and integrity, without any relation to Ireland or Irishmen." These men, who can hardly be 78