3

don, figned by an hundred and twenty-five perfons of the best quality in the county. "At the fame time, the still imprisoned fheriff and jurors, instead of seeking redrefs, petitioned, but in vain, for pardon; offering to acknowledge the deputy's juftice, and their own errors of judgment, upon condition only, that they and the reft, might be put upon the fame footing with the other planted countries;" for in thefe cafes,+ the general rule was, that a fourth part of their land fhould be taken from the natives, with an increase of rent upon the remainder; " but the county of Galway, on account of its former refractorinefs, was planted at a double rate, fo that they loft half."

For Wentworth was fo far from being fatisfied with this fubmiffive petition and offer, that he infifted upon a public acknowledgment from thefe jurors of their having

2 Straff. State Let. vol. ii. fol. 25.

3 Id. ib. 4 Ib. fol. 35.

happened foon after) enflamed the popular odium against the deputy. It was imputed to the vexation conceived by this nobleman at the attempts against his property by an infolent governor, who poffeffed himself of the earl's houfe at Portumna; and, in his hall, held that court which impeached his title to his lands." Lel. Hift. of Irel.

Thus Secretary Coke writes to Wentworth on this occafion, "That a greater proportion of land fhould be taken from the pretended owners in the county of Galway, than in the reft, is thought juft and reafonable, for the reafons you allege. And such seizures as you intend both againft the jurors and all others, that will not lay hold of the grace offered them by the proclamation." Straff. State Let. vol. i. fol. 465.

Mr. Carte indeed afferts (but upon what authority appears not), "that by the interpofition of Ulicke Burke, Earl of Clanrickard, in England, the fines of the fheriff and jury of Galway, were afterwards reduced, the plantations laid afide, and the inhabitants confirmed in the enjoyment of their eftates, upon the like terms as the rest of the kingdom, without fuffering the hardships, change of poffeffions, or other difagreeable circumftances, which attended a plantation." Orm. vol. i. f. 82. The fheriff and jury of Galway were imprifoned about the year 1634; and if we recollect, that upon Wentworth's making a report to the king in council, in the year 1636, of his

proceedings

5

having committed, not only an error in judgment, but even actual perjury, in the verdict they had given; which being refused by them, he, befides planting their country at the rate before-mentioned, procured an order from the king, that their agents in London fhould be fent prifoners to Dublin, to be tried before himself in the caftle-chamber, for having dared to patronise their cause. These feverities however, raised no fmall apprehenfions in fome that were about the king, and even the king himfelf," "left they might difaffect the people of Ireland, and dispose them to call over the Irish regiments from Flanders, to their affiftance."

8

About this time, "the bifhops and their chancellors began again to queftion the catholics,' and lay heavy fines upon them, for their christenings and marriages.' But the deputy wifely confidered, that it would be too much at once, to diftemper them by bringing plantations upon them, and difturb them in the exercise of their religion; and very inconfiderate to move in the latter, till the former was fully fettled, and by that means, the proteftant party become much the stronger, which he did not then conceive it to be." Finding, therefore, that thefe proceedings of the bishops had very much difquieted the catholics, and given them terrible apprehenfions of an inftant perfecution, he wrote to England for orders to put a stop to them; as," fays he, " 'tis a courfe which alone will never bring them to church; but is rather an engine to draw money out of their pockets, than to raise a right belief in their hearts."

9

proceedings towards thefe gentlemen, his majefty told him, "that it was no severity; and that if he ferved him otherwise, he fhould not ferve him as he expected;" (ib. vol. iii. fol. 11.) we shall find but little probability in Mr. Carte's affertion, efpecially fince it appears that they ftill continued prifoners in the year 1637. See Straff. State Let. vol. ii. fol. 25.

CH A P. VI.

The court of wards and high commiffion in Ireland.

ALL this while complaints were every where heard of grievances, arifing from the court of wards, and that of the high commiflion. The former was a new court, never known in Ireland till the 14th of James I. "It' had no warrant from any law or ftatute, as that in England had." Sir William Parfons, by whom it was first projected, was appointed mafler of it, a man juftly and univerfally hated by the Irish.

2

And

fuch were the illegal and arbitrary proceedings of that court, that "the heirs of catholic noblemen, and other catholics, were deftroyed in their eftates, bred in diffolution and ignorance; their parents debts unfatisfied, their fifters and younger brothers left wholly unprovided for; the antient appearing tenures of mefne lords unregarded; eftates valid in law, and made for valuable considerations, avoided against law; and the

whole

Carte's Orm. vol. i. fol. 517. 2 Remonft. from Trim.

a It is mentioned in the complaints of the Irish nobility and gentry in the year 1614, as an oppreffive court. Lord Deputy Chichester applauds it, among other reafons, because "there was a clause in every grant of wardship, that the wards should be brought up in the college near Dublin, in English habits and religion; which," adds he, " is the only cause of their grievance in this point." Defid. Curiof. Hibern. vol. i. p. 268.

The king and English council to Sir Arthur Chichester and Irish council, have these words, "Within what bounds his majefty witheth you to contain yourselves, we mean to touch that point no farther at this time, faving only in answer to one point of your letter of the 9th of July (1606), to let you know, that if any motion fhall be made here for reviving of a high commiffion, it fhall appear that his majefty thinketh the fame. unfeasonable, and therefore, without order from him, we require you to forbear to give any way to it." Ib. p. 496.

whole land filled with frequent fwarms of efcheators, feudatories, pursuivants and others, by authority of that court.

C

d

The unlimited power and great oppreffion of the high commiffion-court," which was still more recent in Ireland, than the court of wards, was not lefs grievously complained of by the catholics, on account of "the incapacity thereby contracted, for all offices and employments; their difability to fue out livery of their eftates, without taking the oath of fupremacy; the fevere penalties of various kinds, inflicted by that court on all those of their religion, they being an hundred to one more than those of any other religion; in which respect, the cafe of Ireland was very different from that of England or Scotland, where there was fcarce onė Roman catholic to a thousand proteftants."

4

Yet, in the midst of fo many depredations and preffures, the catholics of Ireland gave fuch unqueftionable proofs of their loyalty and dutiful affection to

3 Remonft. from Trim.

4 Carte's Orm. vol. i. fol. 517.

the

Lord Wentworth proposed the erecting of the high commiffion-court in Ireland in January 1633, "to bring," fays he, "the people here to a conformity in religion; and, in the way to that, raise perhaps a good revenue to the crown. State Let. vol. i. fol. 188.

"These regulations in the ecclefiaftical system, were followed by an establishment too odious, and therefore too dangerous to be attempted during the feffions of parliament, that of an highcommiffion court, which was erected in Dublin, after the English model, with the fame formality, and the fame tremendous powers." Lel. Hift. of Irel. p. 28.

Sir Arthur Chichester, in a letter to the king and council in England, an. 1613, fays, "By the statute of 2 Eliz. c. 1. in this kingdom (Ireland), 'tis ordained, that every person suing livery or outer le maynes, fhall, before his livery or outer le maynes fued forth and allowed, take the oath of fupremacy. And therefore they (the Irish) being obftinate recufants, are not permitted to fue forth their liveries under the great feal till they take the oath; and fo they continue intruders upon the king's poffeffion; for which intrufion, they are juftly fued in the exchequer, and the damage they fuffer is by their own wilful default and contempt of the law." Defid. Curiof. Hibern. vol. i. p. 263.

the crown of England (and that also at a very critical juncture), as cannot, perhaps, be paralleled in the history of any other people, under the like circumftances.

These proofs were exhibited in that parliament, which met at Dublin, in 1640, in order to raise large supplies towards fuppreffing the rebellion in Scotland, which had then rifen to a formidable height. Their zeal on this occafion, was honourably attested by feveral privy-counsellors, members of that parliament, "perfons," fays Wentworth himself, "beft able to fatisfy, and in themselves moft to be trufted." Among thefe, I find Sir William Parfons, Sir John Borlafe, Sir Charles Coote, and others, whofe malevolence and enmity to the Irish in general, are well known and confeffed; and whofe teftimony, therefore, in their favour cannot reasonably be fufpected.

"After the propofal of fuch acts of grace, and advantage to the fubject," say these privy-counsellors in their letter to Secretary Windebank, on this occafion,

66

as we conceived moft fit to lead in order to the propounding of the fix fubfidies, these fix fubfidies were demanded for his majefty; whereupon fome of the natives declared that fix or more were fit to be given, it being apparent that the peace and fafety of the kingdom were become so nearly concerned. Some also of them said, that his majefty fhould have a fee fimple of fubfidies in their eftates on fuch occafions, for the honour of his perfon, and fafety of his kingdoms; that it was fit to be done, though with leaving themselves nothing but hofe and doublet. Some of them with much earnestnefs, after forward expreffions of readinefs towards advancing the bufinefs, concluded that, as his majefty was the best of kings, fo this people fhould strive to be ranked among the best of fubjects.

tr

"Thus," continues the privy-counsellor's letter, every of them feeming in a manner to contend, who fhould fhew most affection and forwardnefs to comply with his majesty's occafions; and all of them VOL. I. expreffing,

M

5 Straff. State Let. vol. ii. fol. 398.

6

Ib.