Then came the terrible episode of the Cromwellian war, in which Romanist and Royalist alike went down before the Puritan force. Still, though he would be a bold man who could attempt to excuse—much less to justify—the barbarities that took place, it may be doubted whether all the Cromwellian outrages put together equalled a single one of those which the Imperial troops had committed during the war which had been raging for thirty years in Germany—such for instance as the sacking of Magdeburg. It is estimated, however, that about 600,000 people (of whom 500,000 were of the Irish race and 100,000 of the English) perished by the sword, pestilence or famine in the fearful years between 1641 and 1652—in other words, about a third part of the population was wiped out. And the war was followed by a wholesale confiscation—having fought for the king being considered as much an act of treason as having rebelled against him. The confiscated lands were allotted to soldiers, to persons who had supplied money to the Parliamentary forces, and to other supporters of the new Government. It is but just, however, to add that 700,000 acres of profitable land in Connaught were allotted to dispossessed Romanists, and that they were allowed to occupy 100,000 acres in other parts of the country; a striking contrast to the lot of the unhappy Waldenses who were at that time being driven from their homes and slaughtered without mercy for no crime but heresy; or to the treatment a few years later by Louis XIV of his Huguenot subjects whose lands were confiscated without compensation and who were only given 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