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CHA P. VIII.

The legality of feveral elections queftioned, but the motion over-ruled.

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THE very next day after Lord Wentworth had delivered this fpeech to parliament (which, it seems, he did with fo much haughty vehemence, " that he was faint at the prefent, and the worfe for it two or three days after,") the recufants began to call for* "the purging of the house;" an operation, which we may well prefume, it then stood in great need of. But that motion was, with fome difficulty, over-ruled. This interruption his lordship had not foreseen; and therefore ordered, that on the following day, the fupplies should be instantly moved for,3 "Not to be diverted," fays he," by any other propofition; not even by moving, that it fhould reft till the house had taken this purging phyfic, which they fo hotly called for."

The fupplies were accordingly moved for on the following day, and fix entire subfidies were unanimouf ly voted to his majesty, payable in four years."

'Strafford's State Letters, vol. i. fol. 273.
3 Ib. fol. 278.

2 Ib.

Thefe

"For this way," fays he, "I was affured, they should have founds at leaft; and the fuccefs was anfwerable. For had it been low and modeftly delivered, I might, perchance, have gotten from them: It was pretty well; whereas this way, filling one of their fenfes with noise, and amusing the rest with earnestness and vehemence: It was the best spoken they ever heard in their lives." State Letters, vol. i. fol. 331.

"In this houfe (fays Wentworth) the parties were in a manner equal; fome few odds on the proteftant party; and one watching the other left their fellow fhould rob them, and apply the whole grace of his majesty's thanks to himself from the others; an emulation fo well fomented underhand, that when the motion for the king's fupply was made yesterday in the house of commons, being the fifth day of the feffion, they did with one voice affent to the giving of fix fubfidies, to be paid in four years." Ib. fol. 274.

These supplies were very confiderable; and far exceeded his lordship's expectation.* "The proportion he was guided by, was to rate every thousand pounds per annum, with forty pounds payment to the king, each fubfidy; fo that," fays he, "the fubfidies raised this firft, were more than I propofed to be had in both feffions, and were given freely and without any contradiction."

His lordship's obfervation on the catholics calling fo hotly for "the purging of the houfe," is worthy

4 Id. ib.

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• Each of these fubfidies amounted to fifty thousand pounds; " and he never propounded more to the king than thirty thoufand." Ib. fol. 273.

But not without another attempt by the recufants for purging the house: "for," fays Wentworth himself, " just as I forefaw, the popifh party moved a stay, till the house were purged forfooth; they put it roundly to the queftion, and carried it by twenty-eight voices. Inftantly the house turned into a committee; that fide, fearing to lose their part of the honour and thanks (for the supplies), came round with all the chearfulness poffible; and the other furprized, and no time left to recollect themselves, they all, with one voice, concluded the gift of fix fubfidies as was desired, before twelve o'clock." Ib. fol. 278.

An altercation which happened on this motion for purging the house, between Sir John Dungan, Bart. and one Captain Price, a creature of the deputy's, may give us fome idea of the tyrannical difpofition of that government. The captain having made fome indecent reflections on that motion, in the hearing of Sir John, who fat so near him that he could not help overhearing him; the knight, it seems, refented them fo warmly, that the captain imagined he had given him the lie: but instead of demanding what is called private fatisfaction for the affront, as military men are but too apt to do, this gallant officer lodged a public complaint against the knight in the castle-chamber (the ftar-chamber of Ireland). The fentence pronounced against Sir John Dungan in that court was, that he fhould beg Captain Price's pardon publicly on his knees, both in the council-chamber and house of commons; and afterwards enter into bonds with the clerk of the council, in the sum of five hundred pounds English, to his majesty's use, with condition to render his person to the constable of the caftle four days before the next feffion

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of fome notice. "This warm motion for purging the house," fays he, "doubtlefs with an aim of putting out a great company of proteftants, upon the point of non-refidency, came not, as I was well affured, from any backwardnefs to fupply the king; but out of an hope, by this means putting out many of the other party, to become the greater number, and fo endear themselves the more with his majefty, to make that work (granting the fubfidies) wholly their own, and themselves more confiderable; which would turn a greater obligation on the king, than I conceive his majefty would be willing they fhould put upon him, or indeed was fit, the prefent condition of affairs confidered." By this condition of affairs is plainly to be understood, his majesty's and the viceroy's preconcerted defign, to carry on the enquiry into defective titles, notwithstanding the royal promife to the contrary; for which iniquitous purpofe, thefe unqualified members were ftill retained and protected, to the great prejudice of the real reprefentatives of the people, and at the expence of his majesty's juftice and honour.

СНАР.

5 Strafford's State Letters, vol. i. fol. 278.

of this parliament (of which he was a member), there to remain in the condition of a prifoner, during the pleasure of the lord deputy: and (what the knight, perhaps, deemed the severeft part of the punishment) to declare in the fame public and fubmiffive manner, that Captain Price was a perfon of truth, and a speaker of truth, and that he held him to be a valiant gentleman, every way worthy of the command he held in his majesty's army.' Journals of the Irish Com. vol. i. fol. 122.

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The reafons affigned by the deputy and council for this feverity, are too curious to be omitted. Upon confideration (say they) of the whole matter, it is conceived at this board, that it was not a mannerly or civil part in the faid Sir John Dungan to lend his ear to overhear any other man, himself not being spoken to; and in that place (houfe of commons) not only unmannerly and uncivil, but deferving punishment; wherein it is conceived he committed a terrible offence; first, against the king; fecondly, against the houfe of commons; and thirdly, against the perfon of Captain Price. It is therefore ordered, &c." Ib.

CHA P. IX.

The remonstrance of the Irish commons to the deputy, concerning the promised graces.

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HE commons, relying on the merit of these unconditional supplies, chearfully and unanimoufly granted, appointed a committee to draw up a remonftrance to the lord deputy, concerning his majefty's promise; particularly, in relation to the enquiry into defective titles. In that remonstrance they fet forth," "That fenfibly apprehending the manifold inconveniences that had befallen the kingdom, through the uncertainty of eftates, occafioned by the embezzling, burning and defacing of records, in times loofe and uncertain, troubled with continual war, until the beginning of his late majesty's happy reign; and increased by the negligence

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a "The peers alfo complained loudly of public grievances; preffed for the confirmation of the royal graces; were particularly urgent for establishing the article, which confined the king's claim on their lands to a retrofpect of fixty years; and frequently mentioned the royal promife, in a manner highly offenfive to an administration refolved that it should not be fulfilled." Lel. Hift. of Ireland, vol. iii. p. 20.

"Both houses preffed extremely for the graces (fays Wentworth) efpecially for the law in England of threescore years poffeffion to conclude his majefty's title, urging his majesty's promise at every turn." State Let. vol. i. fol. 279. The reafon, he tells us, why the lords did not join with the commons in this remonftrance 66 was, a trivial difference then fubfifting between the two houses, which kept them afunder all that feffion; the commons not confenting to confer with the lords, unless they might fit and be covered as well as their lordships, which the lords would by no means admit." Ib. He adds, "that by keeping both houfes thus at a distance, he did avoid their joining in a petition for the graces, which (fays he) they infallibly would have done." Ib.

negligence or ignorance of fundry perfons heretofore employed in paffing of patents and eftates from the crown; whereby many errors in law crept into thefe grants, whereof divers indigent perfons, with eagle-eyes piercing thereinto, commonly took advantage, to the utter overthrow of many noble and deferving perfons, who for valuable confiderations of fervice to the crown, or for money, or for both, honourably and fairly acquired their eftates. That, therefore, finding in themselves a fenfible feeling of thefe and other grievances, they had received unspeakable pleasure from his majesty's princely care and tender affection towards them, expreffed in the graces tranfmitted over by their last agents, and on his royal word, the best of affurances, and his princely fignature, which he had been gracioufly pleafed to pass unto them, to caufe the faid graces to be enacted in the next enfuing parliament; that they could not fufficiently discharge their duty to his majefty, or the truft repofed in them by their country, unless they were careful in thefe great affairs, to conferve the honour of his majefty's word, in that refpect, paffed unto them his people, who had heretofore, by their faid agents, prefented a free gift of one hundred and twenty thousand pounds to his majesty, and one hundred and fifty thousand pounds loan-money or contribution, by them forgiven; and forty thoufand pounds in these two laft years, contributed by the country, amounting in the total to three hundred and ten thousand pounds, exceeding in proportion their abilities, and the precedents of past ages, &c. Wherefore, they moft humbly prayed, that his lordship would place the ftatute 21ft Jacobi, entitled an act for the general quiet of the fubject against concealments, in the firft tranfmiffion of laws into England; the faid grace being particularly promised by his majefty, approved by both the councils of eftate in England and Ireland, and published in all the counties of Ireland at the general affizes; and most expected of all the other graces. And that he would please to certify their univerfal confent, and much longing defire, to have the faid ftatute of 21ft

Jacobi,

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