Owing probably to the confusion among the official class and to the absence of some officers with the new army in Ulster, the Roman Catholics had a majority in Parliament during the early months of 1641. There were able lawyers among them who drew up a paper of queries or interrogatories which they sent up to the Lords for the opinion of the judges. The first shows the line taken: ‘Whether the subjects of this kingdom be a free people, and to be governed only by the common laws of England, and statutes of force in this kingdom?’ This the judges answered generally in the affirmative, pointing out that both in England and Ireland there was necessarily a certain amount of judge-made law to meet cases not covered by statute. The general drift of the queries was to dispute the jurisdiction of the Council and the Star Chamber. By what law, runs the sixteenth query, ‘are jurors, that give verdict according to their conscience and are the sole judges of the fact, censured in the Castle-chamber in great fines, and sometimes pilloried, with loss of ears, and bored through the tongue, and marked sometimes in the forehead with an hot iron; and other like infamous punishments?’ The judges did not deny the facts, but maintained that perjured jurors were properly censurable in the Castle-chamber, and they made a not very successful attempt to derive this jurisdiction from writs of attaint at common law. The House of Commons were not satisfied with the judges’ answers, and made a declaration disposing of each query in their own sense.[269]
Prorogation, March, 1640-1.
Impeachments.
Parliament was prorogued from March 5 to May 11, having previously appointed a committee to draw up articles of impeachment against Lord Chancellor Bolton, Bishop Bramhall, Chief Justice Lowther, and Sir George Radcliffe. Owing to the progress of events all these impeachments were dropped, and the question as to the Irish House of Lords’ judicial powers was not decided. Before the Houses reassembled the King had written to confirm all the graces and to suggest a Bill for confirming sixty-year titles in Connaught, Clare, Limerick, and Tipperary. But no legislation issued from the confused wrangling of those days, during which Ormonde showed great capacity for obstructive tactics. When Captain Audley Mervyn and others appeared as managers for the Commons Bolton received them with great courtesy, then returned to the Woolsack and declared himself impeached, protesting that he should never dream of disputing their Lordships’ jurisdiction. Thereupon Ormonde raised a point of order. The Chancellor, he said, was accused and therefore debarred from acting as speaker, and as there was no power to appoint another nothing could be done. Bolton at last entered into recognisances and the prorogation took place next day.[270]
New session, May 11, 1641.
When a fresh session began the Commons were more unmanageable than ever. They asked the Lords Justices to let them search the Castle, lest Strafford’s servants should blow them all up in revenge for their master’s death. Borlase as Master of the Ordnance positively refused to show ‘the King’s most precious jewels,’ but assured them on his honour that there was no powder under either House of Parliament, which was no doubt the fact. The Lords Justices found that Strafford had died in debt to the Crown, and proposed repayment out of the tobacco, while the Commons urged that no tobacco seized after his attainder should be confiscated. The weary chief governors were glad enough to have a recess from July 14 to November 9. Before the latter date the rebellion had broken out, but the Lords Justices were saved the trouble which would have followed the return of the Irish Committee at the end of August.[271]
A rising in Ulster foretold.
The Irish in Flanders.
Vane’s letter, March, 1640-1.
Sir W. Cole’s letter, Oct. 11, 1641.