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
Wentworth maintained the King's title to Connaught on purely legal
grounds, not seeming to realise that mere legality was an inadequate
foundation for what was virtually wholesale forfeiture. Some modern
writers who admire or excuse his policy have stated that he set up a
title which would satisfy lawyers; but no one had a greater contempt
for the letter of the law when it stood in his way, and it is the
substantial justice of his action that is really in question. The
Elizabethan lawyers knew perfectly well that the feudal ownership of
Connaught was vested in Edward IV. and his successors, but they did
not, therefore, consider that the land was at the Queen's mercy. The
chiefs and landowners of the province had been acknowledged over and
over again, and had always yielded something to the Crown by way of
cess. Sidney and Perrott reduced this uncertain impost to a small but
fixed rent, and by so doing confirmed the tenure of those who paid
it. It is very true that the exact terms of the contract had seldom
been fulfilled by the Irish, and that most of them had been engaged
in rebellious actions after the composition. That might have been a
reason for forfeiting their land at the time, and demands for arrears
of rent might have been made much later; but this is a very different
thing from confiscation after a generation of peace. Nor was this
all: on July 21, 1615, James I. had written to Chichester directing
that the Connaught landowners should have patents granted them, in
consideration of the composition made by Queen Elizabeth, and reserving
the same rent in future. To this Wentworth answered that the recitals
in the letter as to the fulfilment of the composition covenants were
grounded on false information; that 'the inhabitants were intruders and
had no such estates as could either be surrendered or confirmed.' The
patents actually issued were therefore void, as having been obtained
under false pretences, and for some technical flaws also. The monstrous
result is that the whole population of Connaught were squatters, and
had no rights whatever. It is no wonder that the Irish Parliament had
clamoured for a sixty years' possessory title against the Crown.[220]
[Sidenote: The Londoners' plantation.]
[Sidenote: Destruction of the forests.]
Public-domain text, read in full here on John Shaqi.
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