ting forth, and defence of their several rights and claims. With this," continues he, "I left them marvellously well fatisfied, for a few good words please them more than can be imagined.".

"The next morning, however," adds his lordship, "the gentlemen of the country petitioned, that the inquifition might be deferred to a longer time, they being unprovided; which I refufed, as I had caufed notice of it, by a Scire facias, to be iffued from the Chancery, twenty days before; which was more also than had formerly been accuftomed, in cafes of that nature. So presently," proceeds he, "we went to the place appointed, read the commiffion, called and fwore the jury, and fo on with our work."

Sir Lucas Dillon was foreman of this jury, and feems to have behaved, on that occafion, entirely to the deputy's liking. Nevertheless, after the lawyers on both fides had done fpeaking, Lord Wentworth made a speech to the jury, which did not at all encourage them to use that freedom which he had promised to allow them, in returning an impartial verdict; but on the contrary, rather convinced them, that his lordfhip had already pre-judged the cause against their countrymen. For, among other things, he told them, "that his majefty was indifferent whether they found for him or no; that he had directed him to press nothing upon them, where the path to his right lay fo open and plain before him; but yet, that of himself, and as one that must ever wifh profperity to their nation, he defired them firft to defcend into their own confciences, to take them to counfel, and there they fhould find the evidence for the crown clear and conclufive. Next to beware, how they appeared refolved or obftinate, against fo manifest a truth; or how they let flip out of their hands, the means to weave themfelves

2 State Letters, vol. i. fol. 442.

"In truth," fays he of this gentleman, " he deferves to be extraordinarily well dealt withal; his majesty to leave him to me."

and fo he shall be, if it pleases State Let. vol. i. fol. 444.

felves into the royal thoughts and care of his majesty, through a chearful and ready acknowledgment of his right, and a due and full fubmiffion thereunto. That if they would be inclined to truth, and do best for themselves, they were undoubtedly to find the title for the king. But if they were paffionately refolved to go over all bounds to their own will, and without respect at all to their own good, to do that which were fimply best for his majesty, then he should advise them roughly and pertinaciously, to deny to find any title at all; and there," fays he, "I left them to chant together, as they call it, over their evidence; and the next day, they found the king's title without fcruple or hesitation."

The deputy's feverity towards the jury of the county of Galway.

THE

HE juries of the counties of Sligo and Mayo followed the example fet them by that of Rofcommon; but the jury of the county of Galway was, by no means, fo complying; and they fuffered grievoufly on

that account.

For, upon their refufing to find a title in the crown to the estates of their countrymen, Lord Wentworth made use of some of his juft and honourable means, to convince them of their mistake.' "We bethought ourfelves," fays he on this occafion, " of a course to vindicate his majefty's honour and juftice, not only against the perfon of the jurors, but also against the fheriff for returning fo infufficient indeed, we conceive, fo packed a jury; and therefore we fined the fheriff

a

"The star-chamber (fays Lord Deputy Chichester in 1613) is the proper place to punish jurors, that will not find for the king upon good evidence." Defid. Curiof. Hib. vol. i.

262.

in a thousand pounds to his majesty." The mulct on the jurors was much greater. "They were fined four thousand pounds each; their estates were seized, and themselves imprisoned," till the fines were paid.” Such was the fentence pronounced against them in the castle-chamber, to which his lordfhip had bound them over; and where," he conceived it was fit, that their pertinacious carriage fhould be followed with all just feverity."

What was then understood by " juft severity," may be collected from an extract of the grievances which, towards the end of his adminiftration, the commons voted "real;" and which, in one article, feems to allude to this very cafe, viz. " that jurors, who gave their verdict according to their confciences, were cenfured in the caftle-chamber in great fines: fometimes pillored with lofs of ears, and bored through the tongue, and fometimes marked in the forehead with an iron, with other infamous punishments."

"that

And although he had publicly promised, their council on this occafion fhould be freely and willingly heard, in defence of their respective rights :" yet he fcrupled not to take fevere vengeance on two eminent lawyers, who ventured to plead in their behalf; and all his lordship's proceedings against them, and against the sheriff and jurors before-mentioned, were afterwards' approved of by his majesty.a

* Ib.

Another

2 St. Let. vol. i. + Commons Journal, vol. i. 5 Straff. State Letters, vol. ii. fol. 465.

"The jurors of Galway were to remain in prison, till each of them paid his fine of four thousand pounds, and acknowledged his offence in court upon his knees." Lel. Hift. of Ireland, vol. iii. p. 32.

"As for the counsellors of the law," fays he, "who fo laboured against the king's title, we conceive it is fit, that fuch of them as we shall find reason to proceed withal, be put to take the oath of fupremacy, which if they refufe, that then they be filenced, and not admitted to practice." State Letters, vol. i. fol. 454. This was according done.

He tells us himfelf, that upon his making a report to the

king

6

Another of his juft and honourable means, to attain this end, as he himself informs us,' 66 was to enquire out fit men to ferve upon juries; and to treat with fuch as would give furtherance to the king's title." He, befides, propofed the raifing of four thoufand horfe,' as good lookers-on, while the plantations were fettling. And lastly, he prevailed on the king to beftow four fhillings in the pound, upon the lord chief justice and chief baron, forth of the first yearly rent raised upon the commiffion of defective titles; "which," as he afterwards fays, "he had found, upon obfervation, to be the best given that ever was; for that by these means, they did intend that bufiness with as much care and diligence, as if it were their own private; and that every four fhillings, once paid, would better his majesty's revenue four pounds."

8

Against the deputy's predatory defigns, thus planned and executed, the natives were deftitute of all manner of defence." "No title in the subject could stand against his claim." At first none was held good, but that which was founded on letters patent; yet when even letters patent were produced, as in moft cafes they were, none were allowed valid, nor yet fought to be legally avoided; fo

• Ib. vol. i. 3397 Ib. fol. 442: Ib. vol. ii. fol. 41. 9 Remonftrance from Trim.

king and council in England, of these proceedings, his majesty faid, "It was no feverity, wifhed him to go on in that way; for that if he served him otherwife, he should not ferve him as he expected. So I kneeled down," adds he, "kiffed his majefty's hand; and the council rofe." Carte's Orm. vol. iii. p. 11.

• The deputy and commiffioners of plantation, in their public dispatch to Secretary Coke, on this fubject, confeffed, "That in former plantations in Ireland, all men claiming by letters patent had the full benefit of them, either in enjoying the lands granted them, or other lands equivalent thereunto, whether their letters patent were valid or invalid. And indeed," add they, "in those (former) plantations, that favour might better be yielded, where the lands claimed by letters patent, were not in any great or confiderable proportion, than here, where almost all the lands falling under plantation are granted, or mentioned to be granted, by letters patent." Straff. State Letters, vol. ii. fol. 139.

fo that one hundred and fifty letters patent were set afide in one morning; which courfe was continued, until all the letters patent in the kingdom, except a few, were declared void.

CHA P. V.

Further diftreffes of the people of Connaught.

THE gentlemen of Connaught," fays Mr. Carte,' "laboured under a particular hardfhip on this occafion; for their not having enrolled their patents and furrenders of the 13th Jacobi, (which was what alone rendered their titles defective) was not their fault, but the neglect of a clerk entrusted by them. For they had paid near three thousand pounds to the offices at Dublin, for the enrollment of thefe furrenders and patents, which was never made. There was an act of ftate made in Lord Grandifon's time, and dated May 14th, 1618, full in their favour and confirmed their poffeffions; and they had paid great fums of money for it into the exchequer; they were quietly fettled in their lands, and paid the king his compofition better than any other part part of the kingdom. It was hard, in thofe circumstances, to turn them out of their estates, upon a mere nicety of law, which ought to be tenderly made use of in derogation of the honour and faith of the king's broad feal."

So general and lafting were the terrors arifing from these fevere proceedings of the deputy, that in 1637, the whole body of the gentry of the county of Galway offered to make a furrender of their eftates to the crown, and for that purpose, fent a letter of attorney to the Earl of Clanrickard, then at Lon

'Life of Ormond, vol. i.

don,

It was in Lord Clanrickard's house, that Wentworth held this court of inquifition; " and the death of that lord, (which

happened