Towards the end of August, when the King returned from his progress, he issued a commission to Chichester himself, to Sir Humphry Winch, late Chief Baron in Ireland and now a Judge of the Common Pleas; Sir Charles Cornwallis, lately Ambassador in Spain; Sir Roger Wilbraham, who had been Solicitor-General in Ireland; and George Calvert, clerk of the Council. Two sets of instructions were given to them: by the first they were to inquire into all 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.