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
interpretation soever his words might have put upon them, he intended
no prejudice or hurt to the person of us the Deputy.' Mountnorris
himself, in his evidence given in 1641, says he offered to swear that
he had not uttered the words, and to bring witnesses to prove that
the part referring to the public affront was spoken by others. Among
the witnesses whom he says he asked to have produced were the Lord
Chancellor and Sir Adam Loftus's son. He was ordered to withdraw, and
after less than half an hour was called in again to hear his sentence
of death, to which the court had unanimously agreed. 'My Lord Deputy,'
he says, 'took occasion to make a speech, and told me invectively
enough there remained no more now, if he pleased, but to cause the
provost-marshal to do execution; but withal added that for matter of
life, he would supplicate his Majesty. And I think he said he would
rather lose his hand than I should lose my head; which I took to be the
highest scorn, to compare his the Lord Deputy's hand with my head.' The
expression about his hand and his victim's head occurs in Wentworth's
own letters. It was reported in London that Mountnorris had been
actually shot, the parts of his body where bullets took effect being
specified.[225]
[Sidenote: Mountnorris not a soldier.]
[Sidenote: Martial law in time of peace.]
[Sidenote: The King receives 6000_l._ for Mountnorris's place.]
Mountnorris had a company, as was then customary with great men in
Ireland, but he was not really a soldier, and knew nothing of military
discipline. The words charged against him were spoken, if spoken at
all, in private society, and it is not easy to see how they could
possibly affect the discipline of the army. Yet Wentworth and his
slavish council found that they constituted a breach of two articles
of war. That which involved the death sentence was the thirteenth: 'No
man shall offer any violence, or contemptuously disobey his commander,
or do any act or speak any words which are likely to breed any mutiny
in the army or garrison, or impeach the obeying of the general or
principal officer's directions, upon pain of death.' This article is
perhaps not too severe for its purpose, especially in time of war, but
does any lawyer, does any soldier, does any man of common intelligence
suppose that it was intended to be applied or could properly be applied
to conversation at a dinner-party? And Mountnorris swore that he had
never seen the articles at the time of his condemnation under them, and
did not see them until June 1636. It does not appear that they had been
acted on in time of peace. Besides all this, the court-martial was held
without any notice; no time was given to summon witnesses; Wentworth
himself, the prosecutor, presided in person, while the accused, who
was not allowed counsel, was turned out of court, and one of the
witnesses for the prosecution sat in judgment. At Court many wondered
'that a peer of the kingdom, a Privy Councillor, a treasurer at war,
Public-domain text, read in full here on John Shaqi.
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