above threescore years, as did pass here the 21 Jacobi, wherein are to be excepted the lands whereunto we are intituled by offices 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 accrued to us threescore years past, and above, except only to such lands in the King's county and Queen's county, whereunto we are intituled by offices already taken within the said term of threescore years, and which are not yet granted nor lawfully conveyed from us and our crown." for confirmation of defective titles. It will utterly cut off all ancient titles of all kinds. It will prevent all plantations, and consequently hinder all improvements, that may otherwise be raised towards defraying the charge of the army, and other public charges depending on the revenues of the crown. It will hinder the means which may otherwise be found for strengthening the province of Connaght, which is now the weakest part of this kingdom, and which is so situate in respect to the sea, having many convenient harbours and apt ports for shipping, as by a plantation there may be made places of great strength and commerce. If the plantations be hindered, then a principal means of civilizing the people and planting religion will be taken away! And lastly, which is not least considerable, it will destroy your tenures and consequently much diminish your revenues arising that way! We may not therefore in any sort advise, that this may pass for a law, and the rather in regard the benefit thereby expected by the people, shall be conveyed to them in another way of less prevention to the future public good of the kingdom in general than the law desired; namely by your majesty's commission of grace for confirmation of defective titles, which now will resettle all men's estates after the distempers and disturbances, which they have endured by the late rebellions here. And considering that in the last sessions of parliament an act hath passed, whereunto the royal assent is given, for confirming all estates to be passed on that commission; which commission, according to your gracious intendment, shall be carried with all the moderation that possibly may be, as well in the rates as otherwise; this course is conceived to be a much more general provision, and to such as compound upon this commission a far better security in their own private fortunes and estates than the law in England, which concludes the rights of the crown upon threescore years possession; and yet nevertheless, after this commission shall, in a moderate and mild way, have taken such effect as is fit, whereby this kingdom may, in some degree, be brought nearer to the condition of England than it presently stands, as it will be then more capable of it, so may it then also have that law, which is now desired, if your majesty in your wisdom shall so think fit."433 "We are graciously pleased 25th. "This may take away both the and accordingly do hereby require plantation and tenures of Con 433 Strafford, I. 320. 1. naght, and therefore as well for that as for the other reasons mentioned in our advice concerning the request made on the last preceding article; and for that the monies paid by those of Connaght, (which was the secret motive inducing this grace,) were in truth given for the intrusions, alienations, and mean rates then past and due to your majesty, without ground or intention to conclude the rights of the crown in point of inheritance, either for land or tenure, we would not advise that this should pass as a law."434 you, that you give present order for the inhabitants of Connaght, and county of Thomond, and county of Clare, to have their surrenders, made in the time of our late most dear father, inrolled in our chancery there, as of the time of our said father, according to the date of the said surrenders, allowing what fees were formerly paid for the same: and that such of them, as please to make new surrenders of their lands and hereditaments, may have the same accepted of them, and inrolled in the said court, and thereupon new letters patents passed unto them and their heirs according to the true intent of our father's letters in that behalf, paying half fees; and that they and every of them may have such further assurances for securing of their several estates from all ancient titles accrued unto our crown before threescore years last past, as shall be requisite, and reasonably devised by their counsel. And we are pleased, for their further security, that their several estates, shall be confirmed unto them and their heirs against us, our heirs and successors, &c. by an act to be passed in the next parliament to be holden in Ireland, to the end the same may never hereafter be brought into any further question by us, our heirs and successors. In which act of parliament and letters patents so to be passed, you are to take care, that all tenures in capite, and all rents and services as are now due, or which ought to be answered unto us out of the said lands and premises by any letters patents passed thereof since the first year of Henry VIII. or found by any office taken from the said first year of Henry VIII. until the 21st of July, 1615, whereby our late dearest father, or any his predecessors actually received any profit by wardship, liveries, premier seisins, mean rates, ouster-le-mains, or fines for alienations without licence, be again reserved unto us, our heirs and successors: and all the rest of the premises to be holden of our castle of Athlone by knight's service, according to our said late father's letters, notwithstanding any tenures in capite, found for us by office since the said 21st of July, 1615, and not appearing in any such letters patents or offices. And you are likewise to set down order, that all seizures and injunctions issued, and all compositions, leases, and custodiums made and passed of or for any of the said lands, not grounded upon the tenures appearing in the said letters patents or offices between the said first year of Henry VIII. and the 21st of July, 1615, shall be called in, and to all purposes made void, so far forth as we are advantaged by the tenure found in capite; and that no further proceedings hereafter be had upon any other offices taken since the 21st of July, 1615, nor upon any offices taken 434 Strafford, I. 321. before the 21st of July, 1615, unless we or our predecessors received profit by the said offices taken before the said 21st of July, 1615. In which act of parliament and grants, care is to be taken, that our royal composition due for all the lands and hereditaments in the aforesaid province of Connaght, county of Thomond, and county of Clare, may be saved; and it is our pleasure likewise, that the benefit of our said father's letters, and the act of state dated 14 May 1618, touching the intrusions, alienations, mean profits, &c. of lands in that province be in all points allowed to our said subjects."435 "No judge nor commissioners shall grant reprisals to notorious malefactors, but with the advice of the justices of the peace of the county, them assisting, or a competent number of them."489 "In this we conceive, that the integrity and wisdom of the judges may safely be trusted." "No grants of intrusions or alienations, or leases of mens" 39th. 435 Strafford, I. 321. 136 Idem, 323. "This is already performed and fitter in our opinion to be conti 437 Ibid. 438 Ibid. 439 Idem, 324. 224 nued by your majesty by instruction to the court of wards than by a law." tands are to be made out of that court [of wards] to any before the party interested shall have personal warning, and affidavit returned thereof, who is to be preferred before any other, if he come in the next term after the office is returned, and will accept it, at the rates thought fit by the court."440 "No person, against whom any judgment and execution hath passed in course of common law, or decree in chancery; upon matter of equity, is from henceforth to have any protection granted to him; nor any flying out of England into Ireland, to defraud or shun the prosecution of his creditors, is to be sheltered or protected from the justice of the law under colour of being a soldier in any of our companies in that our kingdom." 42d. "Protections are granted so sparingly and with such caution deputy into this government there as since the entrance of me the has been no complaint thereof; and it shall be still carried with that tenderness and moderation, complaint in that kind; and someas there shall be no just cause of times such may be the circumstances in some particular cases, as there is no reason, as we conceive, that your majesty's power should be altogether concluded."441 43d. "No witness between party and party at sessions or assizes, or before any commissioners whatsoever, are to be bound over to the castle chamber, and if information be put in against any such, then a relator to be named, who shall be thought sufficient to answer a recompence to the party informed against according to the award of the court, if sufficient ground shall not appear of the information."442 causeless prejudice upon your ma"There is no reason to put a jesty's ministers of justice, to whose care and integrity, we conceive, matters of this nature are fit to be left without any further law or instruction, than the ordinary and the obligation of their duties course and practise of the courts, in their places." 44th. "Soldiers accused of capital crimes are to be left to be proceeded withal according to the law. And the commissions for reforming and restraining the abuses and oppressions of soldiers (such as have lately issued under our great seal there) are to be directed especially to persons of quality having freehold and residence in the no need of a general and conse"If this were, there should be quently no exercise or discipline in the army. And therefore we conceive it is unfit to pass either ground of the commission then on as a law or as an instruction; the termined." foot being occasional and now de county, and such matters as cannot be ordered by them to be espe- 440 Strafford, I. 319. cially determined by a committee of the judges and others of our counsel to be nominated by you, of which none are to be captains of horse or foot. 448° 49th. "This course is already held, and may be continuad as a grace as long as your majesty shall think fit; but we hold it unnecessary that any new law be made concerning it." "No extraordinary_warrant of assistance touching clandestine marriages, christenings, or burials, or any contumacies pretended against ecclesiastical jurisdiction, are to be issued by the lord deputy, or any other governors, nor executed; nor are the clergy to be permitted to keep any private prisons of their own for those causes; but the delinquents in that kind are henceforth to be committed to our public goals, and that by our officers, according to the ordinary proceedings of the law; and all unlawful exactions taken by the clergy, are to be reformed and regulated by the commission there, beforementioned."444 A perusal of the preceding extracts from what were styled "the graces," purchased by two hundred and seventy thousand pounds sterling, equal, at the present value of money, to 6,000,000 of dollars, would, in the absence of all other testimony, satisfactorily establish the horrible oppression under which the Irish groaned, and the utter fallacy of all the historical statements of the happiness of the nation, and the security of property, at that period. It appears that jurors and witnesses were subject to prosecution and punishment, at the discretion of the judges, when their evidence or verdicts were unsatisfactory to these magistrates-that the evidence of convicted felons was received against persons accused of crimes!!-that the clergy of the established church had prisons in which they confined those who were subject to ecclesiastical censures!!!-and that sixty years peaceable possession of estates afforded no security to the nobility, gentry, and other landholders. It appears further, that enormous as was the sum paid for those miscalled "graces," the Irish were most perfidiously cheated out of them-and that Strafford put his absolute veto on nearly all those that were of any material importance. It appears from an examination of the objections made by Strafford, that he was determined to impose as few restraints as possible on deputies, judges, justices, and all the officers of the crown, in order to leave as wide a door open to oppression and depredation as possible. On no other principle, can we reasonably account for his opposition. It is irksome to be obliged to point out at almost every step, the monstrous errors of the writers of Irish history. If the repetition be unpleasing to the reader, it is equally so to the writer, whom nothing but imperious necessity could impel to this course. Carte, in defiance of facts thus incontestibly established, has left on record that the deputy rejected" only two" of the graces!!!* and further, that *“In two points only”—yes, reader, these are the very words of 443 Strafford, I. 326. 44+ Idem, 327. |