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the choice of death or the galleys. At the Restoration some effort was made to undo the injustice of the Cromwellian confiscations. But the matter was one of great difficulty. In many cases land had been allotted by Cromwell in payment for money received; in others the grantees had sold their holdings to purchasers who had paid in cash, regarding the original grant as indefeasible. A reconfiscation of such lands would obviously have worked a great injustice; and it is a common maxim of law that between two claimants each with a good title the one in possession is to be preferred. Still it cannot be said that the decisions of the Royal Commissioners were always equitable according to our ideas; for instance, the award of 80,000 acres to the Duke of York (afterwards James II) of land which had been forfeited under Cromwell because the owner had fought for his father, would be hard to justify on any possible grounds. Still, an Act of Settlement was passed, by which a certain amount of justice was done; it is difficult to arrive at the figures accurately, but it appears that after the passing of the Act nearly one-third of the Island was vested in Roman Catholic proprietors. Archbishop King estimated that at the time when he was writing--1689--two-thirds of the Protestant landowners held their estates under the Act of Settlement. And Lecky says, "Only an infinitesimal portion of the soil belongs to the descendants of those who possessed it before Cromwell." But Archbishop King was influenced by the fear he had felt as to what the effect of a repeal of the Act would be; and there can hardly be a doubt that his feelings led him to overestimate the number. With regard to Lecky's remark, one can only take it as a strange instance of a gross exaggeration having crept into a book which is usually careful and accurate. It may be that the statement was not very incorrect according to the evidence the author had before him; but if so, that only proves that the evidence was wrong; for the proceedings in the Land Courts which have been set up in Ireland during the last half century have shown that the proportion of titles to estates which date from an earlier period was far larger than people had supposed. During the peaceful and tolerant reign of Charles II the country made steady progress. Under James II, however, everything was reversed. That unhappy monarch, having ascended the throne tranquilly, with many protestations of
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