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and where," he conceived it was fit, that their pertinacious carriage should be followed with all just severity."

What was then understood by "just severity," may be collected from an extract of the grievances which, towards the end of his administration, the commons voted "real ;" and which, in one article, seems to allude to this very case, viz. “that jurors, who gave their verdict according to their consciences, were censured in the castle-chamber in great fines: sometimes pillored with loss of ears, and bored through the tongue, and sometimes marked in the forehead with an iron, with other infamous punishments."

And although he had publicly promised, " that their council. on this occasion should be freely and willingly heard, in defence of their respective rights:" yet he scrupled not to take severe vengeance on two eminent lawyers, who ventured to plead in their behalf; and all his lordship's proceedings against them, and against the sheriff and jurors before-mentioned, were afterwards' approved of by his majesty.†

Another of his just and honorable means, to attain this end, as he himself informs us," was to enquire out fit men to serve upon juries; and to treat with such as would give furtherance to the king's title." He, besides, proposed the raising of four thousand horse, as good lookers-on, while the plantations were settling. And lastly, he prevailed on the king to bestow four shillings in the pound, upon the lord chief justice and chief baron, forth of the first yearly, rent raised upon the commission of defective titles ; which," as he afterwards says, " he had found, upon observation, to be the best given

7 Ib. fol. 442.

3 lb. 4 Comm. Jour. vol. i. 5 Strafford's State Letters, vol. ii. fol. 465. 6 Ib. vol. i. 339. 8 Ib. vol. ii. fol. 41. “As for the counsellors of the law,” says he, “who so labored against the king's title, we conceive it is fit, that such of them as we shall find reason to proceed withal, be put to take the oath of supremacy, which if they refuse, that then they be silenced, and not admitted to practice." State Letters, vol. i. fol. 454.--This was accordingly done.

✦ He tells us himself, that upon his making a report to the king and council in England, of these procecdings, his majesty said, "It was no severity, wished him to go on in that way; for that if he served him other wise, he should not serve him as he expected. So I kneeled down," adds le, “ kissed his majesty's hand; and the council rose."--Carte's Ormond, vol. iii. p.11.

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tory designs, thus planned and destitute of all manner of defence. uld stand against his claim." At but that which was founded on leteven letters patent were produced, as in none were allowed valid,* nor yet sought ; so that one hundred and fifty letters pa. in one morning; which course was contithe letters patent in the kingdom, except a few,

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CHAP. V.

Further distresses of the people of Connaught. THE gentlemen of Connaught," says Mr. Carte,: « l2bored under a particular hardship on this occasion; for their having enrolled their patents and surrenders of the 13th Jacobi, (which was what alone rendered their titles defective) was not their fault, but the neglect of a clerk entrusted by them. For they had paid near three thousand pounds to the offices at Dublin, for the enrollment of these surrenders and patents, which was never made. There was an act of state made in lord Grandison's time, and dated May 14th, 1618,

9 Remonstrance from Trim.

1 Life of Ormond, vol. i,

• The deputy and commissioners of plantation, in their public dispatch to secretary Coke, on this subject, confessed, “That in former plantations in Ireland, all men claiming by letters patent had the full benefit of them, either in enjoying the lands granted them, or other lands equiva Jeat thereunto, whether their letters patent were valid or invalid. And indeed," add they, “in those (former) plantations, that favor might better be yielded, where the lands claimed by letters patent, were not in any great or considerable proportion, than here, where almost all the lands falling under plantation are granted, or mentioned to be granted, by let tors patent.”—Streff. State Letters, vol. ii. fol. 189.

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eir favor and confirmed their possessions; and they

great sums of money for it into the exchequer; they quietly settled in their lands, and paid the king his comation better than any other part of the kingdom. It was ard, in those circumstances, to turn them out of their estates, upon a mere nicety of law, which ought to be tenderly made use of in derogation of the honor and faith of the king's broad seal."

*

So general and lasting were the terrors arising from these severe proceedings of the deputy, that in 1637, the whole body of the gentry of the county of Galway offered to make a surrender of their estates to the crown, and for that purpose, sent a letter of attorney to the earl of Clanrickard, then at Lon. don, signed by an hundred and twenty-five persons of the best quality in the county. "At the same time, the still imprisoned sheriff and jurors, instead of seeking redress, petitioned, but in vain, for pardon ;3 offering to acknowledge the deputy's justice, and their own errors of judgment, upon condition only, that they and the rest, might be put upon the same footing with the other planted countries;" for in these cases,+ the general rule was, that a fourth part of their lands should be taken from the natives, with an increase of rent upon the remainder; « but the county of Galway, on account of its former refractoriness, was planted at a double rate, so that they lost half."+

2 Straff. State Letters, vol. ii. fol. 25,

3 Id. ib. 4 Id. fol. 35.

It was in lord Clanrickard's house, that Wentworth held this court of inquisition;" and the death of that lord, (which happened soon after) enflamed the popular odium against the deputy. It was imputed to the vexation conceived by this nobleman at the attempts against his property by an insolent governor, who possessed himself of the earl's house at Portumna; and, in his hall, held that court which impeached his title to his lands.”—Lel. Hist. of Irel.

†Thus secretary Coke writes to Wentworth on this occasion, “That a greater proportion of land should be taken from the pretended owners in the county of Galway, than in the rest, is thought justsand reasonable, for the reasons you allege. And such seizures as you intend both against the jurors and all others, that will not lay hold of the grace offered them by the proclamation."-Straff. State Let. vol. i. fol. 465.

Mr. Carte indeed asserts (but upon what authority appears not), “ that by the interposition of Ulicke Burke, earl of Clanrickard, in England,

that ever was; for that by these means, they did intend that business with as much care and diligence, as if it were their own private; and that every four shillings, once paid, would better his majesty's revenue four pounds."

Against the deputy's predatory designs, thus planned and executed, the natives were destitute of all manner of defence." "No title in the subject could stand against his claim." At first none was held good, but that which was founded on letters patent; yet when even letters patent were produced, as in most cases they were, none were allowed valid,* nor yet sought to be legally avoided; so that one hundred and fifty letters patent were set aside in one morning; which course was conti nued, until all the letters patent in the kingdom, except a few, were declared void.

1

CHAP. V.

Further distresses of the people of Connaught.

"THE gentlemen of Connaught," says Mr. Carte,1 “ labored under a particular hardship on this occasion; for their not having enrolled their patents and surrenders of the 13th Jacobi, (which was what alone rendered their titles defective) was not their fault, but the neglect of a clerk entrusted by them. For they had paid near three thousand pounds to the offices at Dublin, for the enrollment of these surrenders and patents, which was never made. There was an act of state made in lord Grandison's time, and dated May 14th, 1618,

9 Remonstrance from Trim.
1 Life of Ormond, vol. `i,

The deputy and commissioners of plantation, in their public dispatch to secretary Coke, on this subject, confessed, "That in former plantations in Ireland, all men claiming by letters patent had the full benefit of them, either in enjoying the lands granted them, or other lands equiva lent thereunto, whether their letters patent were valid or invalid. And indeed," add they, "in those (former) plantations, that favor might better be yielded, where the lands claimed by letters patent, were not in any great or considerable proportion, than here, where almost all the lands falling under plantation are granted, or mentioned to be granted, by let ters patent."-Straff. State Letters, vol. ii. fol. 139.

full in their favor and confirmed their possessions; and they had paid great sums of money for it into the exchequer; they were quietly settled in their lands, and paid the king his composition better than any other part of the kingdom. It was hard, in those circumstances, to turn them out of their estates, upon a mere nicety of law, which ought to be tenderly made use of in derogation of the honor and faith of the king's broad seal."

So general and lasting were the terrors arising from these severe proceedings of the deputy, that in 1637, the whole body of the gentry of the county of Galway offered to make a surrender of their estates to the crown, and for that purpose, sent a letter of attorney to the earl of Clanrickard,* then at Lon. don, signed by an hundred and twenty-five persons of the best quality in the county. "At the same time, the still imprisoned sheriff and jurors, instead of seeking redress, petitioned, but in vain, for pardon;3 offering to acknowledge the deputy's justice, and their own errors of judgment, upon condition only, that they and the rest, might be put upon the same footing with the other planted countries;" for in these cases,+ the general rule was, that a fourth part of their lands should be taken from the natives, with an increase of rent upon the remainder; "but the county of Galway, on account of its former refractoriness, was planted at a double rate, so that they lost half."+

2 Straff. State Letters, vol. ii. fol. 25.

3 Id. ib. 4 Id. fol. 35.

It was in lord Clanrickard's house, that Wentworth held this court of inquisition;" and the death of that lord, (which happened soon after) enflamed the popular odium against the deputy. It was imputed to the vexation conceived by this nobleman at the attempts against his property by an insolent governor, who possessed himself of the earl's house at Portumna ; and, in his hall, held that court which impeached his title to his lands."-Lel. Hist. of Irel.

†Thus secretary Coke writes to Wentworth on this occasion, "That a greater proportion of land should be taken from the pretended owners in the county of Galway, than in the rest, is thought just and reasonable, for the reasons you allege. And such seizures as you intend both against the jurors and all others, that will not lay hold of the grace offered them by the proclamation."-Straff. State Let. vol. i. fol. 465.

Mr. Carte indeed ́asserts (but upon what authority appears not), “ that by the interposition of Ulicke Burke, earl of Clanrickard, in England,

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