to wait on the lord deputy," " to acquaint him with a scruple that was moved, whether that attainder did look back to treasons committed before the king's time, or only since." But no other answer appears, on the part of the deputy, but the passing of the bill. CHAP. VIII. The king thanks the Irish for their supply, but orders the penal laws to be put in force against them. AFTER the before-mentioned supplies had been granted by parliament, his majesty wrote to the deputy (and ordered his letter to be publicly read in the house) that, "understanding that the bills of subsidies were, upon the first propounding received and passed, with such universal consent and chearfulness, that there seemed to arise an affectionate emulation between them, who should express most love and forwardness therein unto him; he took that evident demonstration of their dutiful zeal and affection, in such good part, that he command. ed him to give them thanks in his name, and to let them know that he was much better pleased with the free manner of that present of their affections unto him, than if they had given him ten times the value of the money, with unwilling hearts."Upon this occasion, Sir John Everard observed to the house, "that as neither in queen Elizabeth's time, nor in his then majesty's, any subsidies had been so regularly granted, there being no denial, he did, on the knees of his heart, humbly pray in behalf of his country, that the statute of the 2d of queen Elizabeth might be something moderated for a time; which being granted," added he, "if the king were willing to demand two, three or four subsidies, he doubted not of any denial hereafter."And in the same session, the whole house, among other griev ances which they had laid before the deputy, again mentioned that statute, and humbly prayed,3" that, in execution thereof, the clerks of the crown and peace, might not be permitted to 9 Com. Jour. vol. i. fol. 45, 47. 2 Ib. 3 Fb. selves as becometh natural and loving subjects, that we would have it one of the first works you should do, to secure them from ever being called in question for any offence done, either before or in the precedent rebellion.”, --Desid. Curios. IIib. vol. i. p. 448. 1 Fb. take such excessive fees as they did; but that these fees might be altogether forbidden to be taken, or else that the same might be drawn down and moderated, and that by an act of state, to be observed throughout the kingdom." They further prayed,+ “That, whereas the recusant lawyers were debarred from their practice,* by special directions from his majesty: and foras 4 Ib. "In 1614, all the counsellors of law that were in Ireland, who would not take the oath of supremacy, were put from pleading of causes in any of the four courts, or elsewhere, to speak for clients. Likewise such as were pensioners, that would not take the said oath, were discharged of their pensions."-Desid. Curios. Hib. vol. i. p. 320. "The statute made the 2d of Elizabeth, laying a penalty of 12d. every Sunday and holyday, for not going to church, is put strictly in execution in many places; but the said money, being a great matter of value over the whole kingdom, is not employed upon the poor, according to the statute, but brought into the hands of the clerks of these courts, but how they dis pose of it, the parishioners or churchwardens know not."--Petition of the lords and commons agents, 1613.-—Ib. vol. i. p. 249. Lord deputy Chichester confesses, "that the justices of assize (1613) for the space of two or three years past, had bound over divers juries to the star-chamber, for their refusing to present recusants upon the testimony of the witnesses, that they come not to church, according to the law. All which jurors have been punished in the star-chamber, by fine and imprisonment." He adds, “It is true that these jurors censured in the star-chamber, had no counsel allowed them.”--Ib. p. 263. His excuse for this is, "because they were proceeded against ore tenus and upon their own confession."--Ib. But is it in any degree credible, that men would confess crimes in that cruel and arbitrary court which were so severely and ignominiously punished as by pillory, loss of ears, brand in the forehead, &c. besides fines and imprisonment? The remonstrance of the nobility and gentry of Ireland at that period sets forth, "that in the trial of criminal causes, and men's lives (which the law doth much favor), the jurors were ordinarily threatened by his majesty's counsel at law, to be brought into the starchamber, insomuch that it was great danger for any innocent man, if he was accused upon malice or light ground of suspicion, because the jurors being terrified through fear of imprisonment, loss of ears, and of their goods, might condemn him."-Ib. p. 244. So that most of these jurors did rather chuse to endure the penalty or loss of issues, than to appear on juries, the course held with them was so strict and sévere.-Ib. “The star-chamber," says Chichester himself," is the proper court to punish jurors, that will not find for the king, upon good evidence."--Sea Chichest. Ans. Des, Cur. ib. p. 262. much as the commons did find by experience, that the subjects of the realm did suffer no small prejudice in their causes, for want of learned counsel, especially at the assizes, that his lordship would be a means to his majesty, that such, and so many of the said lawyers might be restored to their practice, as his lordship in his judgement should think fit, for the dispatch of said causes." To which his lordship answered," that the lords of the council in England had signified his majesty's pleasure for silencing them, until they had taken the oath (of suprema. cy); but that he would acquaint their lordships with what the commons had signified, and with their desire." But that no redress followed appears from hence, that in the ensuing session of May 16th, 1615, the same commons humbly addressed the lord deputy to know, "whether his lordship had received any answer touching the practice of the Irish lawyers; and prayed, that they might be, by his lordship's recommendation, again restored unto practice." To which we find no answer te turned, Imprisonments, on account of recusancy, were then so frequent, and grievous, that the commons in this same session, annexed to their long list of grievances, a prayer, " that his lord. ship would be pleased to release all those, that lay in, upon excommunications ;" and at the same time acquainted him, "that a great number of the house desired, that he would recommend to his majesty, that some suspension might be had of the statute of the 2d of Elizabeth. $ Commons Jour. vol. i. The reason Chichester gives, for not distributing the money collected from catholics, for not going to church on Sundays and holydays, to thẻ poor, as the statute 2d of Elizabeth directs, is, because the poor of the pas rishes are not fit to receive the same, being recusants, (catholics,) and there fore (adds he) ought to pay the like penalty.--Ib. p. 275. * "It appears, that at the end of this scзsion, eight Roman catholies, who had been excommunicated by the archbishop of Dublin for recusancy, and imprisoned, were released by the indulgence of parliament (some said by the mediation of bribes) but their joy on that account was short lived, and their release rather an illusion and an aggravation of their punishment; for without any crime, but perseverance in their religion, the same archbishop soon after excommunicated them a second time; on which they were again sent back to their long and loathsome confinement.”—Analect Sacra. Rives in Analect. p. 34. The catholics of Ireland, on account of their greater num, ber and opulence, had contributed more liberally to the abovementioned, and all other supplies, than all the rest of his majes ty's subjects of that kingdom; and the king, instead of redressing their present grievances, did, in a few months after the date of his letter of thanks before-mentioned, not only continue, but increase them; by giving particular instructions to sir Oliver St. John, then going over deputy, to put the statute of the 24 of Elizabeth, and all other penal statutes, in strict execution; instructions, which sir Oliver seemed very well inclined to pur sue: for, at his entering on the government, he did indeed proceed with vigor, in the execution of that statute; and caused presentments to be made of such as neglected coming to church, in different parts of the kingdom. The effects of this vigor were dismal, and extensive; the treasures of the rich were thereby soon exhausted; and the poor, every where, not being able to pay this tax on their consciences, fled into dens and caverns, from the cruel collectors of it, whither they were sometimes pursued by furious bloodhounds, set on, and followed by a sheriff, and his posse of disbanded soldiers, equally furious and unrelenting Mr. Rooth, a cotemporary writer, informs us that in the poor county of Cavan alone, not less than eight thousand pounds were levied in one year, by the means of this tax; ecclesiastical censures, on the same account, were severely executed, in every part of the kingdom. Those who lay under them, when found abroad, were constantly thrown into jails; and great numbers of merchants and artificers, being thus con. fined at home, and hindered to transact business publicly, and in the way of open commerce, were suddenly reduced to poverty and distress. Even their dead bodies did not escape the "Sir Oliver St. John seemed to be actuated with peculiar zeal against popery."--Leland's History of Ireland, vol. i. p. 561. “A commission was issued by him to seize the liberties and revenues of Waterford, because the magistrates refused the oath of supremacy, which by their charter they had a right to do,”—Id. ib. p. 462. + This will not seem strange, when we consider what lord deputy Mount. joy says in a letter to secretary Cecil, viz. " that in the time of Tirone's war, that earl did raise upon Ulster, ill-inhabited as it was, with no induse try, and for the most part wasted, above four score thousand pounds by the year."--Morris. ubi supra. fol. 234. cruelty of these censurers; for if they happened to die, while they yet lay under them, they were denied christian burial, and their corpses thrown into holes, dug in the highways, with every mark of ignominy that could be devised, and inflicted by their cruel and bigotted judges. CHAP. IX. Some account of the ecclesiastical courts at that juncture in Ireland. BISHOP Burnet, in his life of Dr. Bedel, bishop of Kilmore, hath left us a very shocking description of these ecclesiastical courts in Ireland. "They were," says his lordship, "often managed by a chancellor, that bought his place, and so thought he had a right to all the profits he could make out of it. And their whole business seemed to be nothing but oppression and extortion; the solemnest, and sacredest, of all church censures, which was excommunication, went about in so sordid and base a manner, that all regard to it, as it was a spiritual censure, was lost; and the effects it had in law, made it be cried out upon, as a most intolerable piece of tyranny. The officers of the court thought they had a sort of right to oppress the natives; and that all was well got, that was wrung from them. Primate Usher himself seemed so sensible of these abuses, that he told archbishop Laud," such was then the venality of all things sacred in Ireland, that he was afraid to mention any thing about them;" and that, upon some of the adverse party's having asked him," where he had heard, or read before, that religion and men's souls were to sale, after that manner? His grace was obliged to have recourse to a pitiful witicism for an answer, viz. " that there was another place, where both Heaven and God himself, were set to sale." Which whether true or false, (and false it most certainly is) was a tacit confession of the justice of the charge of public corruption against these courts. But we shall presently see, that primate Usher's own court was not a whit less corrupt, in the opinion of the good bishop Bedel, than those of the other Irish bishops. 1 Burnet ubi supra. |