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On this information juftice Sibthorp, and baron Elliot were fent over to try the accufed, and as indictments were found against them, all that fled were outlawed, James at the fame time protesting, as Elizabeth had done before him, that he profecuted no man merely for religion, but for fedition and rebellious behaviour, and injuries done to his good fubjects.

But more mifchief was yet in embryo Sir Cahir O'Dogharty, a young gentlemen who had always appeared favourable to the English, began open war by furprifing a fort called Culmore, the feat of one captain Hart, whom, together with his wife and children, he got into his power by ftratagem, and threatened them all with death, if it were not delivered, which after fome difpute was done accordingly; and after that he and his troops took the town and fortrefs of Derry, and then proceeded to befiege the caftle of Lifford.However, the deputy marching against them found them fufficient employment, and O'Dogharty was flain by a random fhot, 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 amongst other marks of his displeasure, immediately revived the scheme of undertakers or adventurers, parcelling out the lands forfeited to the crown by fuch as were executed or outlawed, in the fame 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 fome difficulty on account of the tenures by which lands were held in that country, and ftill more on account of the different

different religions and interests both of the conftituents and the candidates at the election.

The members, however, were at laft returned, of whom an hundred and thirty-five appeared to be proteftants, 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, Gormanftown, Mountgarret, and Tullagh, and the barons of Athenry, Kinfale, Kerry, Slane, Killeen, Del vin, Dunboyn, Houth, Trimletftown, Poer, Cahir, Dunfany, Louth, Upper Offory, Caftle Connel, and Inchinquin, befides twenty-five proteftant archbishops and bishops; and the members returned to the house of commons were in number two hundred and thirty-two, of whom fix were absent.

But when they came to the choice of a speaker, Sir 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 likewife moved that the house fhould be purged of illegal members; but in anfwer to this laft Sir Oliver St. John told them, it was always ufual for parliaments to chufe a speaker firft, and proceed to the matter of contefted elections afterwards.

At length it was proposed that those who were for Sir John Davis fhould go out, and those who were against him should stay behind, and by this method of trial he appeared to be duly chofen; nevertheless the remaining members after having first 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 themfelves from the proteftant ones, which latter nevertheless being approved of by the lord deputy, opened the feffions without them.

And now both parties, but firft the catholics, tranfmitted complaints of thefe commotions to the English court. The fame difturbances ftill continued;even the catholic lords intermeddled in the bufinefs of the lower house, and in effect the whole parliament was divided into two oppofite bodies, one of which refused even to fit to recognife the king's title, but recognised it in a paper they prefented to the deputy, at the fame time protefting against any laws that might be paffed in their abfence, with all which the fituation of things obliged him to fit down contented till his majefty's pleafure fhould be known.

And the catholics refolving that their cause fhould be fully heard, levied a tax upon the people, in order to bear the expences of certain agents whom they defigned to charge with their affairs, in which having fucceeded, notwithstanding a proclamation iffued against the practice, they fent thefe their envoys over in triumph to England, where James patiently heard, and candidly enough difcuffed the matter, which, in order the better to enable him to do, he had fent an order to the lord deputy perfonally to attend, and to fubftitute Dr. Thomas Jones, lord chancellor, and Sir Richard Wingfield, marfhal, lords juftices in his room.

And now the matter being duly weighed, as both parties had defired, by the only perfonal 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,

"Thefe noblemen and gentlemen of Ireland are called hither this day to hear my conclufion and determination in a caufe of great confequence; which hath depended long in trial.—Thus far it hath had formality; for it is a formality that kings hold in all proceffes of importance; to proceed flowly, to give large hearings, and to use long debate before they give their fentence.

"Thefe gentlemen will not deny but that I have lent them my own ears, and have fhewed both patience and a defire to understand their caufe at full. It refteth now that we make a good conclufion after fo lòng debate,

"It is a good rule to obferve three points in all weighty bufinefs: long, and curious debate; grave, and mature refolution; and speedy execution. The first is already paft; the fecond 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, juftice with favour; let them fee whether I have performed my promise. Sure I am, but for performance of that promife, I fhould not have given fuch a patient hearing, nor made fuch a curious fearch into the causes of their complaints; neither should I make fuch a conclufion as I am now likely to make of this business.

"In the fearch (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 fome of yourselves have acknowledged him to be to myself) but as with a party; but after the commiffioners had heard all that could be alledged against

against him; I found him indeed a faithful fervant by their certificate, which was conclufio in caufâ.

"The gentlemen I fent were fuch as no exception could be taken against them; fome were never there before, fome fo long fithence rerum facies fuit mutata fince they lived in that kingdom.

"It refts in me to fet down my conclufion; but before I declare my judgment, I will fpeak of fome things offered by you the recufant half body, which are called parliament-recufants ;—I have heard of church-recufants, 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 refpect which fubjects owe to their fovereign.

"Now if I fhould do you justice, I should take you at your word, lay together your offer in your letters, and the articles which our attorney laid open unto you; then fhall you fee your cafe.

"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 fide, almost every point hath been proved con

trary.

"Of fourteen returns whereof you complain, but two have proved falfe, and in the government nothing hath 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 they (being in a paffion) begin in heat and continue in heat; but when they fee themselves in the glafs of their own vanity, they find their error. And this I have found in my own experience in Scotland, and fince my coming hither.

"Now