Ireland under the Stuarts and During the Interregnum, Vol. 1 (of 3), 1603-1642Bagwell, Richard
History
Ireland under the Stuarts and During the Interregnum, Vol. 1 (of 3), 1603-1642
Bagwell, Richard
Ireland -- History -- 17th century
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]
[Sidenote: Alleged legal extortion.]
[Sidenote: Excessive fees.]
[Sidenote: 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]
[Sidenote: Royal proclamation, Feb. 7, 1613-1614.]
[Sidenote: Chichester is sent for.]
Public-domain text, read in full here on John Shaqi.
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