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
between man and man, yet he had been deprived on a 'paper petition' of
a manor in Ireland after eighteen years' quiet possession, and turned
out by Strafford's own warrant, and he was deprived of his legal remedy
in other cases.[228]
The witnesses to the words about revenge were Lord Moore and Sir Robert
Loftus, who were present, but were not the original reporters of the
expression.
It is particularly stated that the sentence was unanimous, and that
there was a breach of the 41st and 13th articles of war--sentence for
the first, imprisonment, public disarming, and banishment from the
Army, and for ever disabled to bear arms; and for the 13th death.
The articles of war were printed and published on March 13, 1633, and
are the same as those used by Falkland, Wilmot, and others.
[Sidenote: Case of Lord Chancellor Loftus.]
[Sidenote: The Chancellor is suspended, and placed under arrest, April,
1638.]
Wentworth had probably distrusted Mountnorris from the first. The Lord
Chancellor, on the contrary, had frequently earned his praise, and as
late as the summer of 1636 a special grant of 3000_l._ was made to
him on his recommendation. A few months afterwards the two men were
engaged in an acrimonious correspondence about the appointment of a
lawyer to do temporary duty on circuit. The explanation of this charge
is to be found in certain legal proceedings which had taken place in
the meantime. In the year 1621 the Chancellor's eldest son, Robert,
had married Eleanor, daughter of Sir Francis Rushe, whose sister long
afterwards became the wife of Wentworth's brother, Sir George. It was
alleged that the Chancellor had promised to settle Monasterevan and
1500_l._ a year in land upon the young couple, and that the bride had
paid over her dowry of 1750_l._ on this consideration. It was now
sought after all these years to enforce specific performance of the
Chancellor's verbal promise. The proceedings were taken by Eleanor's
half-brother, Sir John Gifford, as her next friend, her husband
refusing to be a party, though he had a solicitor to watch the case.
It is not clear that ordinary courts of law had no jurisdiction in
the case, but it was assumed to be matter of equity, and a King's
letter was obtained remitting it to the Council on the ground that
the Lord Chancellor was chief equity judge and that he could not
adjudicate in his own cause. Sir William Colley swore in a hesitating
and inconsistent way at the trial in 1638 to what the Chancellor had
said in 1621, who upon this ground was ordered to settle all the lands
to the value of 1200_l._ a year upon Sir Robert Loftus and his heirs
general, to the exclusion of the second son, Edward, who was to have an
annual rent-charge of 200_l._ The King professed himself anxious for
the maintenance of the peerage, but the judgment, had it been finally
confirmed, would have had the contrary effect, for Sir Robert's only
son died shortly afterwards, and the property would have gone to his
Public-domain text, read in full here on John Shaqi.
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