LITMIR.BIZ

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by the tail, and it had been particularly provided that no penalty attached if traces of any kind were used. Perhaps the collectors stretched a point, and the petitioners were at all events justified in pointing out that there was no law to support the prohibition, and that the peasants concerned had neither skill nor means to use better ploughs. The English settlers who saw these ploughs at work thought them both ‘uncivil’ and unprofitable; and the cruelty was obvious, Chichester stating that many hundred of beasts were killed or spoiled yearly. The horses stopped when they felt the jar of a stump or boulder, and no doubt the resulting tillage was of the poorest kind. In modern times spade labour was used in rough places, and was much more efficient. It was the intention of Chichester to pass an Act of Parliament against ploughing by the tail, but this was not actually done until Strafford’s time. The statute sets forth that ‘besides the cruelty used to the beasts the breed of horses is much impaired in this kingdom to the great prejudice thereof.’ The repeal of this measure was actually made a condition of peace between Charles I. and the Irish Confederates in 1646. The practice gradually ceased to be general after it had been forbidden by law, but even near the end of Charles II.’s reign it still prevailed in the rocky barony of Burren in Clare, where it was found necessary to tolerate it. Arthur Young found the barbarous custom still strong in Cavan, and in Connaught it was not quite extinct even in Queen Victoria’s reign. Its cheapness really recommended the practice, which was even defended on the ground of humanity, because it shortened the draught.[114]

      Alleged legal extortion.

      Excessive fees.

      Chichester is absolved.

It had been complained—and in what age or country has there been no such complaint?—that clerks in the law courts exacted excessive fees, the fear of which prevented men from taking legal remedy. Chichester was able to answer that all scales of charges had been twice carefully overhauled, that they were now much less than in Queen Elizabeth’s time, and that those who had reason to complain well knew that he would give them redress if required. The Commissioners found it very hard to get the exact truth because both judges and officers were so frequently changed, but they found abuse ‘in some particular cases.’ Chichester had greatly increased the revenue, and, as he believed, without adding to the burden of the people; but some new offices had been created in the Exchequer, and it was not clear that this was always to the advantage of either King or subject. Many clerks of courts sought ‘to make their fees equal both in number and value with the fees paid to like officers in England, which seemeth heavy to the subjects of this kingdom, being generally of much less ability.’ The Commissioners made arrangement for the preparation of accurate lists of fees, and they unanimously exonerated Chichester from any malpractice. ‘We found the Deputy upright,’ wrote one Commissioner in his diary. Another in a letter, after hearing voluminous evidence, thought too much time was taken up with trivialities. ‘Whole heaps’ of cases of oppression by soldiers had nevertheless, he said, been established, and he seems to have thought the military element in the Government much too strong. It had been said by a man of good understanding, Cornwallis reported, that ‘these Irish are a scurvy nation, and are as scurvily used,’ and he supposed that when he had heard the Commissioners on their return his noble correspondent would be of the same opinion.[115]

      Royal proclamation, Feb. 7, 1613–1614.

      Chichester is sent for.

Having received the report of the Commissioners, the King sent Sir Richard Boyle to Ireland with 1,000 copies of a proclamation for distribution all over the country. In it James announced that he had vouchsafed in person to debate with the malcontents on several occasions, that they had not met him in a proper spirit, and that there was evidently a conspiracy among them to bring Chichester into disfavour, whose conduct he had nevertheless found ‘full of respect to our honour, zeal to justice, and sufficiency in the execution of the great charge committed unto him.’ Inferior officers remained liable to punishment for proved demerits. Boyle, who was sworn of the Privy Council as soon as he reached Dublin, also carried a letter from the King to Chichester expressing fuller confidence in him, and directing him to come over and make arrangements for another session, while so many Irish peers and members of Parliament were in London. He was not, however, to leave Ireland if he thought that reasons of state required his continued presence there. He started just a month after Boyle’s arrival, leaving the Government in the hands of Archbishop Jones and Sir R. Wingfield as Lords Justices, narrowly escaped drowning near Conway, and reached London in due course. Among those who accompanied him were Sir John Davies and Sir Josiah Bodley.[116]

      The King verbally promises toleration

      to all who disavow Suarez.

      Sir James Gough publishes the royal message,

      but is not believed.

While the Commissioners were still sitting in Dublin, Lords Gormanston and Roche, Sir James Gough, and Mr. Patrick Hussy, member for Meath and titular baron of Galtrim, took leave of the King at Royston. James made a speech, which according to Gough’s report contained the words: ‘As for your religion, howbeit that the religion I profess be the religion I will make the established religion among you, and that the exercise of the religion which you use (which is no religion, indeed, but a superstition) might be left off; yet will I not ensue or extort any man’s conscience, and do grant that all my subjects there (which likewise upon your return thither I require you to make known) do acknowledge and believe that it is not lawful to offer violence unto my person, or to deprive me of my crown, or to take from me my kingdoms, or that you harbour or receive any priest or seminary that would allow such a doctrine. I do likewise require that none of your youth be bred at Douai. Kings have long ears, and be assured that I will be inquisitive of your behaviour therein.’ There were plenty of witnesses, and James was not able to deny the substantial correctness of Gough’s version, who took care to repeat it to Sir Francis Kingsmill, a fellow-passenger across the channel. On landing Gough betook himself to Munster, where he published the King’s words at Youghal, Clonmel and Dungarvan. Having given the report a fortnight’s start in the part of Ireland where he was best known, Sir James repaired to Dublin Castle and delivered the royal message to numerous audiences in the Lord Deputy’s presence ‘in the action and tone of an orator.’ He was called into a more private place, where he maintained his faithful rendering of ‘the most great and true King’s words,’ which he was ready at his command to proclaim ‘at Hercules’ Posts.’ He threw himself upon the royal protection, professing that the Jesuit doctrine was a new thing to him, and repudiating it for himself and his colleagues. They would, he said, refuse the ministration of priests who held it, and also discover them to the authorities. Chichester, who must have cursed the garrulous monarch, declared his disbelief, and Gough was kept under restraint in the Castle.[117]

      The King cannot explain away his words,

      but Gough has to submit.

James admitted that he had used the language imputed to him, but without intending thereby to claim a dispensing power or to promise full toleration, and he sent over a proclamation to that effect for circulation. Against Sir James Gough he made four points, that his turbulent conduct to the Deputy must be taken as directed against the King, that he had no warrant at all to make any report to his Lordship, that he wilfully misrepresented the royal meaning, and that he had cunningly reported only so much as suited him, which was a very small part of what had been said. Gough was to be detained until he made submission, and when he had made it the Deputy might release him as an act of his own favour. In less than a month after the date of the King’s letter Gough made an ample apology. He now understood that his Majesty intended the laws against recusancy to be enforced, ‘but that his subjects should be compelled by violence or other unlawful means to resort to the Protestant churches I think it not his pleasure.’ Their consciences were to be left free. As this pretty nearly represented Chichester’s own ideas, the submission was accepted and Sir James Gough released. Скачать книгу