and insulted,* with this quaint and evasive answer,4" That as papists, they were but half subjects, and therefore should have but half privileges;" which, by the way, was an indirect confession of the wrong done them. Nay, it appears by a public speech, which his majesty made in council on this occasion, that he would not allow them to be even half subjects; which by a new quirk of royal logic,† he endeavored to prove thus: "As men, ye consist of bodies and souls; now your souls, which are the nobler parts, ye devote to the Pope; to me ye submit nothing but your bodies, not yet your bodies entire; for those ye divide between me and the king of Spain; him ye serve with your bodies armed, leaving to me only your naked, useless, and unarmed bodies."+

However in the same speech, made in council to these Irish

4 Cor's Hist. of Ireland, vol. ii. p. 25.

Two of their agents, Talbot and Lutterell, were committed prisoners, one to the tower and the other to the fleet."--Lel. Hist. of Ireland, vol. ii. p. 451.

"The first was a long time imprisoned in the tower, and fined ten thousand pounds."--Desid. Cur. Hibern. vol. i. p. 321.

↑ "John Preston, master of Emanuel College in Cambridge, was first taken notice of by James I. at a public disputation in that university; in which he asserted, that a hound could make a syllogism. The king, who loved logic and hunting, is supposed from that time to have had a par ticular respect for him."-Graing. Biogr. Hist. vol. ii, p. 174.

Preston proved his assertion thus: "the hound has the major proposition in his mind, namely, the hare is gone either this or that way; and smells out the minor with his nose, viz. she is not gone that way; and the conclusion follows, ergo, this way with open mouth. Preston borrowed this argument from Montaigne.”—Ib. note.

The manner in which he justified to these agents, his having granted a commission for creating the new boroughs, is still more extraordinary. "It was never before heard," says he, "that any good subjects did dispute the king's power in this point. What is it to you, whether I make many or few boroughs? My council may consider the fitness, if I require it; but what if I had created forty noblemen, and four hundred boroughs? The more the merrier, the fewer the better cheer."-Desid. Curios. Hibern. vol. i. p. 220.

In the same speech he tells the Irish agents, that of fourteen returns for members to parliament, whereof they complained, but two have been proved false." Ib. p. 304.-Whereas, we find by his orders afterwards to the deputy, on this occasion, that of the fourteen returns he allowed thirteen to be false, and annulled them accordingly.—Sce ib. p. 324.

noblemen and gentlemen, the king adds, " Indeed, I hear that there is one thing grievous to the country, that notwith. standing the composition established in the provinces, the governors there do send out their purveyors, who take up their achates and other provision up the country. Another thing there is that grieveth the country people, which is, that in thế country, where there is half peace and half war, the sheriffs and the soldiers in their passage, do commit many extortions. For these grievances I myself will call the deputy unto me, and set down such orders, as these abuses shall be redressed and clear taken away." He besides tells them, "There is ano. ther cause why he should be careful of the welfare of the peo. ple of Ireland, viz. because the antient kings of Scotland are descended from the kings of Ireland.”

176

With this curious answer, he remanded them back to Ireland, ordering them at their peril, to attend the business of parliament, which was chiefly that of raising large supplies for his majesty. And, indeed, in that respect, these half-subjects always shewed themselves abundantly more useful, than those he called his whole-subjects; as, on account of their far greater number and opulence, they contributed more than seveneighths, in all the loans and subsidies that were required by him during his whole reign. And for their chearful concurrence in granting this last supply, we shall presently find his majesty thanking them, with the rest of the Irish commons, in a seemingly gracious and grateful manner.

The catholics, however, on their return to parliament, still insisted on questioning the legality of the aforesaid elections, before any other business was proceeded upon; and they prevailed so far, that an order was then passed, and repeated in the following session," "That the exceptions taken to these elections should be duly examined, at a more convenient opportu. nity." But we don't find that such opportunity was ever after 6 Id. ib.

$ Desid. Cur. Hibern. vol. i. p. 310.

7 Commons Journal, vol. i.

"Whereas sundry exceptions have been propounded at the first assem◄ bly of parliament, against several persons supposed to have been mis-elected, &c. It is agreed and consented to by the house, that the said exceptions shall be for the present suspended and forborn, for the better expedition and furtherance of the service (raising the supplies) with caution, that the pro

afforded them. In this parliament, so composed and managed, the act of attainder and outlawry against the noblemen and gentlemen of six entire counties in Ulster, for the before-mentioned conspiracy, was suffered to be passed.

It is well worthy of notice, that this act of the attainder of the earls does not specify any particulars of the conspiracy lately imputed to them; not even their flight, which was the only proof, and that merely presumptive, that was alleged for it. It barely recites, in general, as the grounds of that attain der, These noblemen's having committed and perpetrated acts of treason against his majesty (which as we have already seen, they were only suspected or accused of having intended to commit), and their own ancestors' former rebellion against queen Elizabeth," for which, as we have also already seen, they had all received his majesty's free and absolute pardon,† at his accession. It is therefore, no wonder, that while this act was under debate, a committee of the commons was appointed

8 See Irish Statutes.

seeding to the passing of any bill, or other affair of the house, shall no way be a precedent or conclusion, whereby the benefit or advantage of such like exceptions, may not at any time hereafter be taken and had, so far forth as the law, or allowable precedent before this parliament, will warrant or approve."-Comm. Jour. vol. i. fol. 45-7.

His majesty, however, soon after sent instructions to the deputy, "That the burgesses returned upon the new charters from Tallagh, Lismore, Caterlogh, Clonakil y, Fethard, Augher, Belfast, and Charlemont; as also those from Kilda e and Cavan, being falsely returned, should forbear to sit in that house, unless they should be again duly elected,” And also," that the burgesses returned from the towns of Clogher, Athlone and Gowran, should forbear to sit in the house of parliament.”—Desid. Curios, Hib. vol.i. p. 324-5.

Although the deputy, in his answer to the complaints of the nobility and gentry of Ireland, on this occasion, had confidently told the king, “that touching the returns of that parliament, he knew not any false or undue return made, and that he did verily think all the returns of protestants would fall out to be legal, without any just exception.”—Ib. vol. i. p. 269.

† In one of his majesty's letters of instruction to sir Arthur Chichester, when first appointed deputy, we find these words: "We think it not amiss as well for making known that we are careful of that state (Ireland); as also to root out jealousies which have been formerly conceived, that daily advantage should be searched for by the ministers of that realm, to molest and oppress them for old offences, only to serve private ends; a matter so odious to our nature, to whom generally that people have carried them

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.

I

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 commanded 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 grievances 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, 1 Ib. 2 Ib. 3 Ib.

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. Hib. vol. i. p. 448.

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 dispose 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."-1b. 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 severe.-Ib.

"The star-chamber," says Chichester himself, "is the proper court to punish jurors, that will not find for the king, upon good evidence."--See Chichest. Ans. Des. Cur. ib. p. 262.