But James insisted on returning to Ireland. He landed in March 1689and proceeded to Dublin, where a national Parliament was summoned to meet in May. As a result of allowing the majority of the people to have some voice in the selection of the members, the House of Commons in 1689 was almost as Catholic as that of 1662 had been Protestant. In the House of Lords the Protestants might have been in the majority had all the spiritual and temporal peers taken their seats, but as several of the bishops were absent from the country, and as many of the lay lords had either joined the party of William or were waiting to see how events would go, few of them put in an appearance. From the beginning it was clear that the ideals of James were not the ideals of the Irish Parliament. He wished merely to make Ireland the stepping-stone to secure his own return to England, while the representatives of Ireland were determined to provide for the welfare and independence of their own country. They began by laying down the principle that no laws passed in England had any binding force in Ireland unless they were approved by the king, lords, and commons of Ireland. They next affirmed the principle of liberty of conscience for all, whether Catholic or Protestant, thereby setting an example which unfortunately was not followed either in England or in later parliamentary assemblies in Ireland. They decreed further that for the future Catholics should not be obliged to pay tithes for the support of the Protestant ministers, but rather that both Catholics and Protestants should contribute to the support of their respective pastors, a system which no impartial man could condemn as unfair. They repealed the Acts of Settlement and Explanation, and declared that those who held estates in Ireland in October 1641 should be restored to them, or if they were dead that their heirs should enter into possession. The soldiers and adventurers were deprived thereby of the property which they had acquired by legalised robbery and had held for over twenty years, but it was provided that those who had purchased lands from the Cromwellian grantees should be compensated from the estates of those who were then in rebellion against the king. In view of what had taken place in Ulster under James I., of what the Earl of Wentworth had in contemplation for portions of Munster and Connaught had his plants not miscarried, and of what had been done by Cromwell in nearly all parts of Catholic Ireland, the action of the Parliament of 1689 was not merely justifiable. It was extremely moderate. An Act of Attainder was also passed against those persons who had either declared for William of Orange, or who had left the country lest they should be regarded as taking sides with James II. Such men were called upon to return within a certain time unless they wished to incur the penalty of being regarded as traitors and punished as such. It is not true to say that there was any secrecy observed in regard to this act, or that knowledge of it was kept from the parties concerned till the time-limit had expired. It was discussed publicly in the presence of the Protestant bishops and Protestant representatives, and its provisions were well known in a short time in England and Ireland.[76]
Derry and Enniskillen had declared against King James towards the end of 1688, and all efforts to capture these two cities had failed. In August 1689 the Duke of Schomberg arrived at Bangor with an army of about fifteen thousand men, but little was done till the arrival of William of Orange in June 1690. Had the Irish and French military advisers had a free hand they might easily have held their own, even though William's army was composed largely of veteran troops drawn from nearly every country of Europe. Had James taken their advice and played a waiting game, by retiring behind the Shannon so as to allow time to have his own raw levies trained, and to hold William in Ireland when his presence on the Continent against Louis XIV. was so urgently required, the situation would have been awkward for his opponent; and even when James decided to advance had he gone forward boldly, as was suggested to him, and insisted upon giving battle north of Dundalk in the narrow pass between the mountains and the sea where William's cavalry would have been useless, the issue might have been different. But with a leader who could not make up his mind whether to give battle or to retreat, and who, having at last decided to fight in the worst place he could have selected, sent away his heavy guns towards Dublin with the intention of ordering a retirement almost when the decisive struggle had begun, it was impossible for his followers to expect any other result but defeat. In the battle of the Boyne the brunt of the fighting fell upon the Irish recruits, and both the Irish cavalry and infantry offered a stubborn resistance. James fled to Dublin, and in a short time left Ireland (1690). The Irish and French commanders then fell back on the line of the Shannon, according to their original scheme. They defended Limerick so bravely that William was obliged to raise the siege, but the capture of Athlone (1691) and the defeat of the Irish forces at Aughrim turned the scales in favour of William. Towards the end of August 1691 the second siege of Limerick began. Sarsfield, who was in supreme command, made a vigorous defence, but, as it was impossible to hold out indefinitely, and as there seemed to be no longer any hope of French assistance, he opened up negotiations with General Ginkle for a surrender of the city. As a result of these negotiations the Treaty of Limerick was signed on the 3rd October 1691.[77]