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On this information justice Sibthorp, and baron Elliot were sent over to try the accused, and as indictments were found against them, all that fled were outlawed, James at the same time protesting, as Elizabeth had done before him, that he prosecuted no man merely for religion, but for sedition and rebellious behaviour, and injuries done to his good subjects.
But more mischief was yet in embryo Sir Cahir O'Dogharty, a young gentlemen who had al. ways appeared favourable to the English, began open war by surprising a fort called Culmore, the seat of one captain Hart, whom, together with his wife and children, he got into his power by stratagem, and threatened them all with death, if it were not delivered, which after some dispute was done accordingly; and after that he and his troops took the town and fortress of Derry, and then proceeded to besiege the castle of Lifford. However, the deputy marching against them found them sufficient employment, and O'Dogharty was Nain by a random shot, after having held out five months against the whole English army,
When James heard of these things he was violently incensed against the Irish, and ainongst other marks of his displeasure, immediately revived the scheme of undertakers or adventurers, parcelling out the lands forfeited to the crown by such as were executed or outlawed, in the same manner as had been done in Elizabeth's reign, than which perhaps he could not have given them a greater mortification.
The next thing to be thought on was the calling of a parliament in Ireland, which accordingly was done, but not without some difficulty on account of the tenures by which lands were held in that country, and still more on account of the
different religions and interests both of the constituents and the candidates at the election.
The members, however, were at last returned, of whom an hundred and thirty-five appeared to be protestants, and one hundred and one catholics. While in the house of lords were the earls of Kildare, Ormond, Thomond, and Clanrickard ; the viscounts of Buttevant, Fermoy, Gormanstown, Mountgarret, and Tullagh, and the barons of Athenry, Kinsale, Kerry, Slane, Killeen, Delo vin, Dunboyn, Houth, Trimletstown, Poer, Cahir, Dunfany, Louth, Upper Offory, Castle Connel, and Inchinquin, besides twenty-five protestant archbishops and bishops; and the members returned to the house of commons were in number two hundred and thirty-two, of whom six were absent.
But when they came to the choice of a speaker, Şir Thomas Ridgeway, the vice treasurer, recommended one Sir John Davis, on which the catholics nominated Sir John Everard, who had formerly, been one of the judges of the king's bench, but was removed by his majesty's orders; then it was likewise moved that the house thould be purged of illegal members; but in answer to this last Sir Oliver St. John told them, it was always usual for parliaments to chuse a speaker first, and proceed to the matter of contested elections afterwards.
At length it was proposed that those who were for Sir John Davis should go out, and those who were against him should stay behind, and by this method of trial he appeared to be duly chosen ; nevertheless the remaining members after having firit pretended that they were the real house of commons, because they remained within doors, attempted putting Everard in the chair, and then to keep him there by force : at last those catho
lic members separated themselves from the protestant ones, which latter nevertheless being approved of by the lord deputy, opened the desfions without them.
And now both parties, but first the catholics, transmitted complaints of these commotions to the English court. The same disturbances still continued even the catholic lords intermeddled in the business of the lower house, and in effect the whole parliament was divided into two opposite bodies, one of which refused even to lie to recognise che king's title, but recognised it in a paper they presented to the deputy, at the same time protesting against any laws that might be palied in their absence, with all which the situation of things obliged him to fit down contented till his majesty's pleasure should be known.
And the catholics resolving that their cause should be fully heard, levied a tax upon the people, in order to bear the expences of certain agents whom they designed to charge with their affairs, in which having fucceeded, notwithstanding a proclamation issued against the practice, they fent these their envoys over in triumph to England, where James patiently heard, and candidly enough discussed the matter, which, in order the better to enable him to do, he had sent an order to the lord deputy personally to attend, and to substitute Dr. Thomas Jones, lord chancellor, and Sir Richard Wingfield, marshal, lords justices in his room.
And now the matter being duly weighed, as both parties had desired, by the only personal authority that either could refer it to, James having called the Irish agents before him, on the twentyfirst of April gave his foleron determination in council in the following words :
... My “ My Lords, “ These noblemen and gentlemen of Ireland are called hither this day to hear my conclusion and determination in a cause of great consequence ; which hath depended long in trial. Thus far it hath had formality ; for it is a formality that kings hold in all processes of importance ; to proceed flowly, to give large hearings, and to use long debate before they give their sentence.
" These gentlemen will not deny but that I have lent them my own ears, and have shewed both patience and a desire to understand their cause at full. It resteth now that we make a good conclusion after so long debate,
“ It is a good rule to observe three points in all weighty business : long, and curious debate ; grave, and mature resolucion ; and speedy execution. The first is already past; the second is to be performed this day ; and the last must follow as foon after as conveniently may be.
“ I promised to these noblemen and gentlemen of the recufant party of parliament, justice with favour ; let them see whether I have performed my promise. Sure I am, but for performance of that promise, I should not have given such a patient hearing, nor made fuch a' curious search into the causes of their complaints ; neither should I make such a conclusion as I am now likely to make of this business.
“In the search (though I doubted not of the 'honour and justice of the lord deputy's government) yet I dealt not with him as with my fervant, not as with one of the most unreprovable governors that ever was in that kingdom (as some of yourselves have acknowledged him to be to myself) but as with a party ; but after the commissioners had heard all that could be alledged
against against him; I found him indeed a faithfuil servant by their certificate, which was conclufio in causa.
“ The gentlemen I fent were such as no exception could be taken against them ; some were never there before, some lo long sichence rerum facies fuit mutata since they lived in thac kingdom.
" It reits in me to let down my conclusion; but before I declare my judgment, I will speak of some things offered by you che recusant half body, which are called parliament recusants ;~I have heard of church-recusants, but not of parliamentrecufants; -this difference was never before heard of.
First, The letter you fent unto me, in the beginning of the parliament, was full of pride and arrogance, wanting much of the respect which subjects owe to their sovereign.
“ Now if I should do you justice, I should take you at your word, lay together your offer in your letters, and the arricles which our attorney laid open unto you; then shall you see
case. “ For you made offer, That if you failed to prove any one point of that which was contained in your complaint, you would renounce my favour in all; yet have you scarce proved a word true ; but on the other side, almost every point hath been proved contrary.
“ Of fourteen returns whereof you complain, but two have proved false, and in the government nothing hash proved faulty, except you would have the kingdom of Ireland like the kingdom of Heaven.
" But commonly offenders are most bold to make offers of their innocency, for shey (being in a palsion) begin in heat and continue in hear ; but when they see themselves in the glass of their own vanity, they find their error. And this I have found in my own experience in Scotland, and since my coming hither,