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
The petition was presented to the House of Commons on November 25,
and a debate followed, the opinion of lawyers being divided as to
whether the charge amounted to treason. Maynard, who remembered his
part in the Strafford case, thought that it did, while Heneage Finch
inclined the other way, saying that he 'never knew much good done in
Parliaments where many impeachments were.' Edward Seymour, who had
brought in the impeachment of Clarendon, followed Maynard, observing
that no charge would have been brought against Orrery had not that
against Ormonde been abandoned. Sir Robert Howard throughout supported
his fellow-dramatist, but upon a division it was resolved by 182 to
144 that there was matter of treason, a copy of the articles was
sent to Orrery, and he was ordered to attend and answer them, the
serjeant-at-arms to leave a keeper with him until his gout allowed him
to move.[87]
[Sidenote: The impeachment abandoned.]
Seymour had made a rather cruel joke about a fit of gout being curable
by impeachment. This was only partially the case, but Orrery, who was
a member of the House of Commons, did manage to appear at the bar a
week later. To a friend who condoled with him as he painfully mounted
the stairs he is said to have replied that if his feet would but carry
him up he would promise that his head should bring him safe down again.
On Howard's motion he was allowed to speak sitting, and had little
difficulty in showing that no act of treason was charged against him.
The tenth article did indeed accuse him of saying that if the King
did not confirm the estates of the soldiers' and adventurers' party,
he 'should be compelled to do it with 50,000 swords.' There was some
doubt as to whether the word was 'should,' which would be a threat,
or 'would,' which would be only a prophecy. Orrery denied having ever
said anything of the kind, and no time or place was mentioned. The
third article alleged that Orrery had used armed force to expel Edmund
Fitzgerald of Cloyne from Rostellan and to give it to Inchiquin, whose
son had married his daughter. To this Orrery replied that he had only
done his duty in helping the Sheriff to execute a legal process, adding
that Fitzgerald was attainted of murder, robbery, and treason, and a
notorious papist, and that Rostellan was 'a stronghold and near the
sea'--commanding the best harbour in Ireland at a time when a French
invasion was feared. Even Clifford thought the foundation too slight
for an impeachment, Maynard and Finch agreeing that the accusers should
be left to their remedy at law. This was carried, but only by 121 to
118. Ten days later there was another debate, but nothing came of it,
the King having directed the Duke of York to use his influence with
members in Orrery's favour. Robartes, moreover, threatened to supersede
officers with seats in Parliament if they left Ireland without leave,
and this seems to have been enough to stop all further proceedings.[88]
Public-domain text, read in full here on John Shaqi.
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