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
mild government which preceded Strafford's had allowed Ireland to grow
rich, while he had only reaped the harvest.[268]
[Sidenote: Roman Catholic majority.]
[Sidenote: The queries.]
Owing probably to the confusion among the official class and to the
absence of some officers with the new army in Ulster, the Roman
Catholics had a majority in Parliament during the early months of 1641.
There were able lawyers among them who drew up a paper of queries or
interrogatories which they sent up to the Lords for the opinion of
the judges. The first shows the line taken: 'Whether the subjects of
this kingdom be a free people, and to be governed only by the common
laws of England, and statutes of force in this kingdom?' This the
judges answered generally in the affirmative, pointing out that both
in England and Ireland there was necessarily a certain amount of
judge-made law to meet cases not covered by statute. The general drift
of the queries was to dispute the jurisdiction of the Council and the
Star Chamber. By what law, runs the sixteenth query, 'are jurors, that
give verdict according to their conscience and are the sole judges of
the fact, censured in the Castle-chamber in great fines, and sometimes
pilloried, with loss of ears, and bored through the tongue, and marked
sometimes in the forehead with an hot iron; and other like infamous
punishments?' The judges did not deny the facts, but maintained that
perjured jurors were properly censurable in the Castle-chamber, and
they made a not very successful attempt to derive this jurisdiction
from writs of attaint at common law. The House of Commons were not
satisfied with the judges' answers, and made a declaration disposing
of each query in their own sense.[269]
[Sidenote: Prorogation, March, 1640-1.]
[Sidenote: Impeachments.]
Public-domain text, read in full here on John Shaqi.
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