"This warm motions for purging the house," says he, “doubtless with an aim of putting out a great company of protestants, upon the point of non-residency, came not, as I was well assured, from any backwardness to supply the king; but out of an hope, by this means putting out many of the other party, to become the greater number, and so endear themselves the more with his majesty, to make that work (granting the subsidies) wholly their own, and themselves more considerable; which would turn a greater obligation on the king, than I conceive his majesty would be willing they should put upon him, or indeed was fit, the present condition of affairs considered." By this condition of affairs is plainly to be understood, his majesty's and the viceroy's preconcerted design, to carry on the enquiry into defective titles, notwithstanding the royal promise to the contrary; for which iniquitous purpose, these unqualified members were still retained and protected, to the great prejudice of real representatives of the people, and at the expence of his majesty's justice and honor. Strafford's State Letters, vol. i. fol. 278. the knight in the castle-chamber (the star-chamber of Ireland). The sentence pronounced against sir John Dungan in that court was, that he should beg captain Price's pardon publicly on his knees, both in the council-chamber and house of commons; and afterwards enter into bonds with the clerk of the council, in the sum of five hundred pounds English, to his majesty's use, with condition to render his person to the constable of the castle four days before the next session of parliament (of which he was a member), there to remain in the condition of a prisoner, during the pleasure of the lord deputy: and (what the knight perhaps, deemed the severest part of the punishment) to declare in the same public and submissive manner, that captain Price was a person of truth, and a speaker of truth, and that he held him to be a valiant gentleman, every way worthy of the command he held in his majesty's army."-Journals of the Irish Com. vol. i. fol. 122. The reasons assigned by the deputy and council for this severity, are too curious to be omitted. "Upon consideration (say they) of the whole matter, it is conceived at this board, that it was not a mannerly or civil part in the said sir John Dungan to lend his ear to overhear any other man, himself not being spoken to; and in that place (house of commons) not only unmannerly and uncivil, but deserving punishment; wherein it is conceived he committed a terrible offence; first, against the king; secondly, against the house of commons; and thirdly, against the person of captain Price. It is therefore ordered, &c.”—Ib. CHAP. IX. The remonstrance of the Irish commons to the deputy, concerning the promised graces. THE commons, relying on the merit of these unconditional supplies, chearfully and unanimously granted, appointed a committee to draw up a remonstrance to the lord deputy, concerning his majesty's promise; particularly, in relation to the enquiry into defective titles. In that remonstrance they set forth,* "That sensibly apprehending the manifold inconve niencies that had befallen the kingdom, through the uncertainty of estates, occasioned by the embezzling, burning and defacing of records, in times loose and uncertain, troubled with continual war, until the beginning of his late majesty's happy reign; and increased by the negligence or ignorance of sundry persons heretofore employed in passing of patents and estates from the crown; whereby many errors in law crept into these grants, whereof divers indigent persons, with eagleeyes piercing thereinto, commonly took advantage, to the utter overthrow of many noble and deserving persons, who for valuable considerations of service to the crown, or for money, or for both, honorably and fairly acquired their estates. That, therefore, finding in themselves a sensible feeling of 1 Ib. "The peers also complained loudly of public grievances; pressed for the confirmation of the royal graces; were particularly urgent for estallishing the article, which confined the king's claim on their lands to a retrospect of sixty years; and frequently mentioned the royal promise, in a manner highly offensive to an administration resolved that it should not be fulfilled."—Lel. Hist. of Ireland, vol. iii. p. 20. "Both houses pressed extremely for the graces (says Wentworth) especially for the law in England of threescore years possession to conclude his majesty's promise at every turn." State Let. vol. i. fol. 279.-The reason, he tells us, why the lords did not join with the commons in this remonstrance was, "a trivial difference then subsisting between the two houses, which kept them asunder all that session; the commons not consenting to confer with the lords, unless they might sit and be covered as well as their lordships, which the lords would by no means admit." Ib.-He adds, "that by keeping both houses thus at a distance, he did avoid their joining in a petition for the graces, which (says he) they infallibly would have done."-10. these and other grievances, they had received unspeakable pleasure from his majesty's princely care and tender affection towards them, expressed in the graces transmitted over by their last agents, and on his royal word, the best of assurances, and his princely signature, which he had been graciously pleased to pass unto them, to cause the said graces to be enacted in the next ensuing parliament; that they could not sufficiently discharge their duty to his majesty, or the trust reposed in them by their country, unless they were careful in these great affairs, to conserve the honor of his majesty's word, in that respect, passed unto them his people, who had heretofore, by their said agents, presented a free gift of one hundred and twenty thousand pounds to his majesty, and one hundred and fifty thousand pounds loan-money or contribution, by them forgiven; and forty thousand pounds in these two last years, contributed by the country, amounting in the total to three hundred and ten thousand pounds, exceeding in proportion their abilities, and the precedents of past ages, &c. Wherefore, they most humbly prayed, that his lordship would place the statute 21st Jacobi, entitled an act for the general quiet of the subject against concealments, in the first transmission of laws into England; the said grace being particularly promised by his majesty, approved by both the councils of estate in England and Ireland, and published in all the counties of Ireland at the general assizes; and most expected of all the other graces.. And that he would please to certify their universal. consent, and much longing desire, to have the said statute of 21st Jacobi, and the rest of the said graces, perpetuated by acts to be passed in that parliament." This remonstrance was presented to his lordship by sir George Ratcliffe, knight, mas * The 24th instruction (among others sent by his majesty) relative to this particular grace, runs thus: " for the better settling of our subjects' estates in that kingdom, we are pleased that the like act of grace shall pass in the next parliament there, (Ireland) touching the limitation of our title not to exceed threescore years, as did pass here (England) 21st Jacobi; wherein are to be excepted the lands whereunto we are entitled by office already taken, and those already disposed of by our directions. And we are further graciously pleased, for a more ample testimony of our goodness to our subjects of that kingdom, to direct hereby that from henceforth no advantage be taken for any title accruing to us threescore years past and above, &c."-Straff. State Let. vol. i, fol. 320. ter of the rolls; sir James Ware, knight; Mr. serjeant Barry; and eight other respectable members. "The improvement of the king's revenue, was the color made use of by certain projectors, to obtain commissions of enquiry into defective titles; the great benefit of which was generally to accrue to these projectors or discoverers, whilst the king was content with an inconsiderable proportion of land,* or a small advance of the reserved rent."+ One instance of rapacity and corruption in these commissioners,3 Mr. Carte has selected out of many others, which contains in it such a scene of iniquity and cruelty, that considering it in all its circumstances, it is scarce to be paralleled in the history of any other age or country. The instance I mean, is that of the Byrnes, in the county of Wicklow, who were robbed of large estates by sir William Parsons and his fellow-commissioners, on pretence of this enquiry into defective titles. These stateharpies made use of every means of force and fraud to accomplish their designs; having even tortured some witnesses, to make them swear for their purposes; and by promises of pardon and other corrupt methods, procured thieves, traitors, and other convict criminals, to give false testimony for the same end; all which, these wretches afterwards publicly confessed at their deaths.+ CHAP. X. The commons require an answer to their remonstrance. ON the 4th of November, 1634, commenced the second session of this parliament; and on the 12th an order was passed," that Mr. Speaker and the whole house should attend 2 Carte's Ormond, vol. i. fol. 27. 4 lb. « The yearly rent reserved to the king, (in the plantation of Wexford) was five pounds for every thousand acres granted the English; and six pounds six shillings and eight-pence, for every thousand acres granted to the natives."-Desid. Curios. Hibern. vol. ii. p. 390-1. "The commissioners appointed to distribute these lands, scandalously abused their trusts; and by fraud or violence, deprived the natives of those possessions which the king had reserved for them."-Lel. Hist. Irel. vol. ii. p. 467. the lord deputy, humbly to desire his lordship's answer to the petition of remonstrance, formerly presented to his lordship, either in writing or otherwise, as his lordship should think fit." The return made by the deputy, on that occasion, was by no means suitable to so respectful an application. He had already resolved to " give them an answer, round and clear, and as such would stifle all replications." He, therefore, called some of them before him, and told them plainly,3 "That he would not transmit to England the statute 21st Jacobi; that such refusal was his own, their request never having been so much as sent over by him; that passing this act to prevent enquiry into defective titles, was not good and expedient for the kingdom at that time; and so they were to rest satisfied, without stirring any more, as to that particular, as a thing which could not, nor would not be departed from." For the clearing of the king's honor, so essentially concerned in this contest, his lordship had, with some difficulty, brought over the councilf to represent to his majesty," That he was not bound, either in conscience, justice, or honor, to perform the solemn promise he had made to these people, for the vaJuable consideration before-mentioned." When, on the 27th of November, his lordship's answer to their remonstrance was reported to the commons, the catholic members, who were principally, if not solely, aggrieved by the enquiry into defective titles, "were so ill to please," says Wentworth himself," that they lost all temper, and broke forth into such forward sullenness, as was strange; rejecting, hand over head, every other bill that was offered them from his majesty and the state." 2 Strafford's State Lett. vol. i. fol. 338. 3 Ib. 4 Ib. s Ib. This appears to be a falsehood, for in a letter to secretary Coke of the 6th of October 1634, he tells him, " that he sends the petition of the lower house" relative to these graces. And adds, " that the ground of denying all may be set upon him and the council; and so his majesty preserved from all color of declining in any part of that which they expected."-State Let. vol. i. fol. 304. "Sure I am (says he) I gained this point from them (the council) with some art and difficulty; and flatter myself therein to have done his majesty good serviçe.”—Id, th |