These corruptions were so flagrant, and long continued, that even in 1640, the dissenters in Ulster, on whom the episcopal clergy had, as we have seen, conferred many signal favors, made severe animadversions upon them. In their remonstrance to the English parliament of that year, they observed," that the commutation of penance (which Burnet calls the worst of simony) which either should not at all be exacted, or if exacted, should be set apart for the poor, and other pious uses, came either to the prelate's kitchen, or the commissary's purse, or to both; and that, though the officers of these courts pretended themselves to be the advancers of virtue, and punishers of vice, yet they usually, without further satisfaction, absolved the most scandalous persons for a sum of money, and often questioned not all at such, from whom they privately beforehand had received such sum."

CHAP. X.

The patience and submission of the natives.

WHILE the nobility and gentry of Ulster were, by the late act of attainder, stript of their possessions, for crimes that were either never committed, or were formerly pardoned, another design was set on foot, to seize on the estates of the natives in the other provinces, under the pretence of a judicial enquiry into defective titles.* This enquiry caused a general

2 Pryn's Antipathy to Bishops, part ii. p. 374.

It was rigorously prosecuted by sir Arthur Chichester, tho' the king in his instructions to him, upon his first appointment to the lieutenancy of Ireland, told him, " that he had directed a commission to compound with his subjects of that kingdom for defective and imperfect titles; and that he had resolved, from thenceforth, to grant no more warrants of lands, coming within any title of concealment; because he hoped that thereby both his people would receive contentment, and his coffers some augmentation, by the composition with the tenants of such lands."-Desid. Curios. Hib. vol. i. p. 455-6.

In these enquiries the utmost violence was done to the jurors (as was before observed) to oblige them to find a title in the king to whatever lands they pitched upon; thus, in the year 1611, on the seizure of the county of Wexford, when upon a commission to enquire into his majesty's title to that county," the jury offered their verdict of ignoramus to the

M

alarm through every part of the kingdom; inasmuch as1 "no title of lineal descent, or long possession, though for several hundred years, nor even letters patent, could secure the pro

1 Remonstrance from Trim.

king's title, the commissioners refused to accept it, and bound the jury over to appear before them in the exchequer court, where, when five of them still refused to find the title in the king, the commissioners commited them to prison, and they were afterwards censured in the castle chamber for refusing to join with their fellows to find his majesty's title.”— Report of the King's Commis. Desid. Curios. vol. i. p. 378.

"These commissioners were sir Humphry Winche, knight, who had some time been lord justice of the king's bench in Ireland, sir Charles Cornwallis, knight, holden to be a very wise and learned gentleman, sir Roger Wilbraham, knight, who had been the queen's solicitor in Ireland, Thomas Calvert, esq. one of the clerks of the council in England; with these four the lord deputy himself (Chichester) was joined in the patent, as chief commissioner. These four commissioners arrived at Dublin upon the 25th of September, 1613."-Desid. Curios. Hibern. vol. i. p. 283.

Those of the Irish agents at London, who, by his majesty's nomination and command, were sent to Ireland, to attend these commissioners with their proofs, were the lords of Killeen and Dunboyne, sir Christopher Plunket, Edward Fitzharris, Andrew Barret, and Paul Sherlock.”—Id. ib. p. 281.

The commissioners sent about this time from England, by the king, to enquire into the numerous grievances complained of by the Irish agents, set forth in their report to his majesty," that out of the particular instances (being many) of oppression, and extortions of the soldiers, provost-marshals, and others, they had selected three score. That in counties, where the composition, in lieu of the cess was paid, the soldiers did extort on his majesty's subjects, by neither paying money, nor giving tickets, for what they took up. That, besides meat and drink, they extorted money from the poor people, where they were cessed; three shillings for every night's lodging for an horse-man, and two for a foot-man, sometimes more. As also certain petty sums for their boys, and attendants, besides victuals; and these soldiers took money, not only for themselves, but likewise for other soldiers absent, which the country called black men, because they were not seen. That, in all these cases, when the people had not money, they took forcibly some of their cattle or household stuff, for pawns, in lieu thereof; that the officers of the army did the same; that sheriffs did suffer their men and bailiffs and followers, to take both money and victuals from the country. And that the reason the people did not complain to the deputy of all these oppressions and extortions, was for fear of being worse used by the soldiers at other times; and because the charges of the complaint would far exceed the damages." -See that Report, in Desid. Curios. Hiber, vol. ii. p. 365, 4, 2.

prietors against the predatory effects of it." But as this business was prosecuted with the greatest violence in the ensuing reign, under lord Wentworth's government, I shall defer the consideration of it till I come to speak of that period.

One would imagine, that some cause had been given by the Irish, or at least pretended by their enemies, for such continued severity; but nothing of that kind appears to have been the case; for all historians agree, that, except O'Dogherty's short-lived tumult, and the forged plot of the earls, there was not the least commotion in Ireland, during that whole reign: although, had the Irish been disposed to rise, it is certain, that no people could have a more tempting opportunity, or a more plausible pretence, than they then had,2" for king James never kept up a greater force in that kingdom, than one thousand seven hundred and thirty-five foot, and two hundred and twelve horse; and these in a miserable condition, sometimes three years unpaid; and not a penny of money in the hands of either of the treasurers, or any to be borrowed from private persons. Yet he was, all this time settling the plantations in different parts of the kingdom, changing the properties of lands, transplanting the old inhabitants, and settling colonies of strangers; while the old Irish chieftains and petty lords, were discontented at the loss of their antient power, and while there were, in remote parts of the kingdom, numbers of idle, young, and active fellows, who being unprovided for a liveli hood, and not caring to earn it by the sweat of their brow, were full of complaints, and eager for alterations. In Connaught alone there were seven thousand of these idle fellows booked down by officers, and given in a list to the lord deputy, that were fit for nothing but arms; and who then living on their friends and relations, must have been forced to seek, and push their fortunes,"

2 Carte's Orm. vol. i. fol. 45.

*

⚫ In these plantations, "the commissioners appointed to distribute their lands, scandalously abused their trusts; and by fraud and violence deprived the natives of those possessions which the king had reserved for them."-Lel. Hist. vol. ii. p. 467.

We are told on this occasion, "that there are not wanting proofs of the most iniquitous practices, of hardened cruelty, of vile perjury, and scandalous subornation, employed to despoil the fair and unoffending proprietor of his inheritance.-Id, ib. p. 470.

воок III.

CHAP. I.

The State of the Irish under Charles I.

DURING the first two years of king Charles's reign, the catholics of Ireland enjoyed some little tranquillity, for which they were indebted not to the lenity of the Irish government, but to his majesty's goodness alone," which had limited, from time to time, the lord deputy Faulkland and the council of that kingdom, by several instructions, directions, and letters, concerning them." Their gratitude for this forbearance was, indeed, extraordinary; and the generosity of their offer to his majesty, on that account, could scarce be exceeded by any thing, but by that folly and fanaticism, which induced the govern. ment to reject it.

In the year 1626,2 « The condition of the king's affairs was much perplexed in England; he was at war with the two most powerful kings in Europe, and his subjects in the English parliament would afford him little or no assistance but upon hard and dishonorable terms, though they had engaged him in the first war; and seemed glad of the last, it being in defence of religion."

In this perplexity of his majesty's affairs,3 « The Roman catholics of Ireland offered constantly to pay an army of five thousand foot, and five hundred horse, for his majesty's service, provided they might be tolerated in the exercise of their religion.4 4 The toleration they desired was no more, than some respite from the oppressions and extortions of the ecclesiastical

1 Scrinia Sacra.

2 Sir Edward Walker's Historical Discourses, fol. 337.

Lord deputy Faulkland's " strict, though legal administration, in regard to the papists, whom the court was inclined to favor, raised the loudest clamors against him from that party, who caused him to be dismissed from his viceroyalty with some circumstances of disgrace."Grainger's Biograph. Hist. of England, vol. ii. p. 147.

courts, and to have all proceedings against them in these courts, for religion, suspended; to be released from those exorbitant sums which they were obliged to pay for their christenings and marriages; and particularly, to have the extrava, gant surplice-fees of the clergy, and the extraordinary warrants for levying them, abolished."

But the clergy were too much interested in these matters not to oppose, with all their powers, the acceptance of such an offer. Upon the first tender of it,' a protestation was drawn up against it, by primate Usher, and subscribed by twelve bishops; which Dr. Downham, bishop of Derry, pronounced in Christ-church, Dublin, before the state; upon whom it had so powerful an effect; that the catholics' offer was scornfully rejected, and their religion scurrilously abused..

"I will not take upon me," says sir Edward Walker on this occasion," to determine, whether it be against the law of God to give a toleration of religion to the papists, nor examine whether bishop Downham's protestation, subscribed by the bishops in Ireland, be agreeable to the doctrine of the church of England; only it must lie as a blot upon those who had the free exercise of religion, with all advantages of honor, safety and profit, as the people of England then had, and yet that so many of them, both in and out of parliament, should be so averse from supplying their king, under whose gracious government they so happily enjoyed their freedom; and, on the contrary, that persons, whose religion is penal to the professors, should, for a toleration, offer constantly to pay an army of five thousand foot, and five hundred horse, for his majesty's service."

These bishops set forth in their protestation, "That to grant a toleration, in respect of money to be given, or a contribution to be made by the catholics, was to set religion to sale, with the souls of the people." And Mr. Downham had

5 Harris's Fiction Unmasked. Usher's Life.

6 Hist. Discourses, fol. 338.

7 Foxes and Firebrands, part ii. p. 80.

"All the protestant clergy," says Dr. Leland on this occasion," were seriously averse to popery; many to a degree of rancor, imbibed among the English and Scottish puritans."-History of Ireland, vol. ii. p. 481.