Confiscation of Ulster, Serjeant Eustace. Impeachment.

**Chapter VI.

**1603-1644.

Bolton’s Statutes - Heads of Bills - Accession or James 1. - Disappointed Hopes - Confiscation of Ulster - Parliament in 1613 - Contest for the Speakership - Charles I. sends Earl of Strafford as Viceroy - A Parliament in 1639 - Serjeant Eustace, Speaker - Strafford encouraging the Linen Industry - Pym threatens - The Commission for Defective Titles - The Galway Jury - High Sheriff dies in Prison - Lord Chancellor and others impeached - Articles of Impeachment - Their Failure - Strafford and Charles I. executed.

The valuable treatise, attributed to Lord Chancellor Bolton, but believed to be the production of a very eminent Catholic barrister, named Patrick Darcy, appeared in 1644. This treatise underwent consideration from the Irish Lords and Commons. It set forth the laws of England. At this time arose the practice of sending Bills required for Ireland, which, after due consideration by the Irish Privy Council, were submitted for examination by the English Privy Council, who usually sent them to the Attorney-General of England, and, after approval, were returned to the lord-deputy, who sent them to be passed in the Irish Parliament. Here they had, of course, to be read three times before receiving the royal assent. This roundabout course resulted from Poynings’ Law of Henry VII. This was wisely altered, and henceforward only heads of Bills were sent from Parliaments in Ireland under the Stuart kings.

The accession of James I. to the English throne, on the death of Queen Elizabeth, raised the hopes of the Irish Catholics. The son of the hapless Queen of Scots, - whose devoted piety to the Catholic faith made her to be regarded as a martyr; and, in our day, some notion was entertained that she deserved to be canonised, - he was expected, if not to avow himself a Catholic, at least to show respect for its creed. He soon dispelled such notions. While professing himself desirous to give liberty of conscience to his subjects, he declared his hostility to the Mass, the great symbol of Catholic belief, and thus extinguished the hopes of the Catholics of Ireland.

Having resolved on appropriating the province of Ulster, by taking advantage of the alleged treason of the Irish Earls of Tyrone and Tyrconnel, which, even if proved, should not involve the forfeiture of chiefs who were not implicated in this assumed disloyalty, this monarch formed Ulster into nine counties; divided the lands of the native chiefs among his Scotch subjects, who, on his succeeding to the throne of England, naturally expected to profit by his good fortune. But he dared not distribute the estates of the noble English Catholics; so, having Ulster at his disposal, he turned out the Maguires, O’Hagans, O’Flanagans, O’Neills, MacDonnells, and other Irish chiefs, granting their estates to the Scotch adventurers.

A curious event occurred on the opening of Parliament in May 1613. There were two candidates for the Speakership, Sir John Everard, a popular member, supported by the Catholic party, and Sir John Davis, the Attorney-General, who had all the official Protestant and Government influence. The Nationalists arrived earlier than their opponents, and, availing themselves of this circumstance, proceeded to elect Sir John Everard to the chair. On entering the House, the supporters of the Attorney-General, seeing what had been done, elected their Speaker, being 125 for, to 101 against, his election, and insisted on his sitting in the chair already occupied by the member previously elected. This, of course, led to very disorderly conduct, but the Attorney-General’s party prevailed, and he was regarded as the Speaker.

Having thus colonised Ulster at the expense of the Irish chiefs, he desired the viceroy to state that the king desired to make no distinction between the Anglo-Irish and the English subjects in Ireland. This Parliament revoked the objectionable statute of Kilkenny, and, by statute 13 James I. c. 5, all Acts making any distinction of races between the king’s subjects, whether Irish or English born, were annulled. No other Parliament was held in Ireland during the reign of James I.

During the Commonwealth no Parliament was held in Ireland. Cromwell had the country under his iron rule; and during his stay he gave such proofs of his stern will as showed the danger of resistance. By allowing the slaughter of the inhabitants of Drogheda, which lasted for three days, he inspired such terror into the garrisons of other fortified places, they, with one exception, opened their gates at his summons. This exception was Clonmel, which town offered such a gallant resistance, he was about to raise the siege, and retire on Waterford, when, on taking a farewell look at the gallant Tipperary stronghold, he saw something glittering in the grass. On inspection it proved to be a silver button. “Ha ! he said,” if they are using silver buttons, their ammunition must be spent.” So it was; having no means of further resistance, the garrison made honourable terms and surrendered.

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