The History of Ireland: 17th Century. Bagwell Richard

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СКАЧАТЬ matters concerning the Irish elections and the proceedings in Parliament; by the second to report upon all general and notorious grievances, of which a few were specially mentioned. The English commissioners reached Dublin on September 11, and immediately proceeded to inquire into parliamentary matters, at the same time giving notice far and wide that they had come to inquire into grievances generally. For a month there were no complaints, and it was not until the return of some of the recusant petitioners from London that any progress could be made in that direction. James had been very careful to tell Chichester that he did not distrust or blame him, but attributed the attacks on him to the priests and Jesuits. His great object was to teach the Irish to seek redress by an orderly petition to their Sovereign rather than ‘after the old fashion of that country, to run upon every occasion to the bog and wood, and seek their remedy that way.’ This inquiry would only strengthen the Deputy’s government. If the malcontents could be induced to get to work in Parliament by taking unopposed business first, probably the rest would follow in good time.[106]

      Proceedings of the Commissioners.

      Disputed elections.

      Fermanagh.

      Tyrone.

Having examined the officers of Chancery upon oath, the Commissioners found that writs had been duly issued to ‘all counties, ancient cities, and boroughs,’ and returns made. Where specific instances of wrongful election had been alleged, each case was gone into upon its merits. Nine of these were in counties and five in cities or boroughs. In Fermanagh it was alleged that Connor Roe Maguire and Donnell Maguire had been duly elected, notwithstanding which Sir Henry Ffolliot and Sir John Davies had been returned; and that Captain Gore had pulled out Brian Maguire’s beard because he had voted for his namesake. In this important case the defeated candidates were summoned before the Commissioners, who reported that one who spoke no English had declined to appear, and that the other, having been indicted for treason, had broken prison and betaken himself to the woods. As for Brian Maguire, he confessed that ‘Captain Gore did shake him by the beard, but pulled no part of it away, nor did him any other hurt.’ In Tyrone the question was between Sir Thomas Ridgeway, afterwards Earl of Londonderry, who was returned, and Tirlagh O’Neill, who spoke no English. It appeared that thirty-four British freeholders voted for the former and twenty-eight for the latter—such were county elections in those days. The result was that no knight of the shire was unseated; and in the worst cases the evidence was certainly conflicting.[107]

      Contest in Dublin.

      The Commissioners find the facts.

The writ to the sheriffs of Dublin was issued on April 1, and on the following day they gave their warrant to the mayor, Sir James Carrol, to hold an election. On the 20th, when the sheriffs sat in their court, they were persuaded by the Recusant citizens to come to an election in the mayor’s absence. Alderman Francis Taylor and Thomas Allen were returned unopposed; but the mayor ignored the proceedings, and held a fresh election seven days later on what is now College Green, outside the walls but within the liberties of Dublin. Proclamation had been made at ten that morning, and the nomination took place accordingly at two. The Recusant party acknowledged the validity of the proceedings by nominating Taylor and Barry, who had already been declared duly elected; but the mayor proposed the recorder, Richard Bolton, and Alderman Richard Barry. The voices appearing about equal, Carrol ordered a division, and declared the majority to be for his nominees, but without actually taking a poll. The beaten party petitioned on the ground that the original election was good, that the second was really held before two o’clock, and that the majority in fact was for Allen and Taylor. The first question was left by the Commissioners to the lawyers in England. Watches were perhaps not then very common in Dublin, but the weight of evidence was in favour of the appointed hour having been observed, and of the majority having been on the side of Bolton and Barry. It was not denied that no poll had been taken.[108]

      Contests in Boroughs.

      Cavan.

      Cavan members unseated.

      The Kildare case, and others.

Besides the general objection to the new boroughs special objection had been taken in five cases, of which the most remarkable was that of Cavan. It was alleged that Captain Culme, who brought a mandate from the county sheriff, had proposed himself and the Lord Deputy’s secretary, George Sexton, but that the townsmen had refused to elect them. Four or five days later the high sheriff, Sir Oliver Lambert, held an election, and it was said that he behaved with great violence, while his musketeers with matches burning excluded all but his partisans. Thomas and Walter Brady were the opposition candidates, and George Brady, who voted for his namesakes, was struck by Lambert. The Commissioners found that this was after the election, that Brady had used bad or irritating language, and that Sir Oliver had struck him ‘with a little walking-stick, but his head was not broken,’ as the petitioners alleged. Culme and Sexton were declared duly elected, but the Commissioners found upon the evidence that the two Bradys had the majority. Later on the return was annulled, and in the end the two Bradys were returned. Kildare was the only other borough where the Commissioners found that an undue election had been made.[109]

      The delegates in London.

      Barnewall and Talbot.

      Non-residence of members.

When the Irish Parliament was just about to meet the English Council had sent for Sir Patrick Barnewall. He was known to have written letters declaring that the assembly as constituted would reduce Ireland to slavery, and that the new boroughs were erected only to pass money votes. His abilities were known, and no doubt he was considered formidable since his victory in the matter of the mandates. Barnewall may have had influence with the delegates in London, but William Talbot was the chief legal adviser of the Opposition, and their petition to the King was drawn up under his guidance. Observers in London thought him the real head of the deputation. Talbot afterwards had a son Richard, who was destined as Earl and Duke of Tyrconnel to overthrow for a moment the fabric raised by Elizabeth, James and Cromwell, and grudgingly maintained by Charles II. Gormanston and his five companions petitioned as agents for twenty-one counties and twenty-eight ancient cities and boroughs, and a schedule was appended containing particulars of electoral irregularities. They laid special stress upon an English Act of Henry V. binding in Ireland by the operation of Poynings’s Law, which required that members of Parliament should be resident in the counties for which they sat, and that knights of shires should be natives of them. The statute as to residence has been long obsolete in England, where attempts to revive it had deservedly failed, and it had been disregarded in Ireland in Perrott’s time; but in point of strict law the petitioners were right, for the requirement of residence, which had been abolished or suspended in Ireland in the time of Edward IV., was clearly reaffirmed by St. Leger’s Parliament under Henry VIII. Boldly assuming that they were the majority, the petitioners asserted that their speaker lawfully elected was ejected by violence, and that they themselves were terrorised.[110]

      Case for the Irish Government.

      Distinction between native and Anglo-Irish Catholics.

Thomond and his associates were instructed by Chichester to point out that many of the Irish candidates for parliamentary honours had been in actual rebellion, that some could speak no English, and that ‘all were elected by a general combination and practice of Jesuits and priests, who charged all the people, upon pain of excommunication, not to elect any of the King’s religion.’ They were to tell the Council in the petitioners’ presence СКАЧАТЬ