Ireland under the Stuarts and During the Interregnum, Vol. 3 (of 3), 1660-1690Bagwell, Richard
History
Ireland under the Stuarts and During the Interregnum, Vol. 3 (of 3), 1660-1690
Bagwell, Richard
Ireland -- History -- 17th century
At the time of Clarendon's recall one judge out of three in each Common
Law Court was a Roman Catholic; under Tyrconnel the proportion was
reversed. In the Exchequer, which became much the most important, Rice
was made Chief Baron, and was supported by Sir Henry Lynch, who pursued
the same policy. Baron Worth was a Protestant, but not much trusted
by his own co-religionists, and in any case always in a minority.
Probably he tried to be impartial. The same policy was adopted in
the case of local magistrates, whose personal fitness was not always
considered. Porter had no objection to Roman Catholics, but he had
some regard for his own reputation. He received lists of candidates
from the judges and rejected only those for whom no person of position
would vouch. Among these was Primate Maguire's brother. 'He is a poor
country fellow,' he told General MacCarthy, 'lives upon six pounds a
year, which he rents of Sir Michael Cole, and has nothing else in the
world. After all this, if you think fit for the King's service to have
such a man come upon the Bench, he shall be a justice of peace.' 'No,
in good faith,' answered MacCarthy, 'I do not think it fit.' Even the
degree of independence which Porter showed was not to be expected from
Fitton.[167]
[Sidenote: Sheriffs.]
The appointment of sheriffs was of the highest importance. They were
not only the chief officers for enforcing the laws of property between
man and man, but they might exercise great influence in the case of a
general election. Clarendon had to nominate them immediately after his
arrival, and before he had time to make a wide personal acquaintance.
He got the best information he could, and thought he had made a happy
selection, but the list was sent back to him with criticisms which,
according to Tyrconnel, were made by Sheridan and Sir Robert Hamilton.
He answered them all in detail and with much confidence. Sir William
Evans was objected to as Sheriff of Kilkenny because he was Cromwell's
baker's son. The answer was that his father had been a baker in England
before the war, that he had made a fortune near Kilkenny, married
Captain Coote's daughter, been made a baronet, 'and since a justice of
peace, which office he has discharged very honestly.' But Tyrconnel was
not satisfied, though he owned that the Lord Lieutenant had done his
best. 'By God, my Lord,' said he, 'you must not wonder if the Catholics
do think you a little partial after your making such a set of sheriffs,
who are four parts out of five rogues; but, by God, I justified you to
the King,' and so forth. Long before the year was out Clarendon had
orders not to name any sheriffs for 1687, instead of which Tyrconnel
handed him a list drawn up by himself and Nugent, and purporting to
make no religious distinction. Clarendon remonstrated, telling the King
that the judges were the proper persons to suggest names, and that
many of those now proposed were obviously and scandalously unfit for
positions of trust.
Public-domain text, read in full here on John Shaqi.
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