orders to his managers there, that gentlemen of the best estates and understandings, in the different counties, should be returned on the juries which were to be held in the first trials of defective titles. This he did not, as one might imagine, on a supposition of their greater knowledge, integrity or honor; but because, as he says himself," This being a leading case for the whole province, it would set a value, in their estimation, upon the goodness of the king's title, if found by those persons of quality." And on the other hand, if the king's title should not be found, or, as he expresses it, "if the jury should prevaricate," he would be sure then to have persons of such means, as might answer to the king in a round fine in the castle-chamber; and because the fear of that fine would be apter to produce the desired effect in such persons, than in others, who had little or nothing to lose." His lordship having thus prepared matters, went himself to the abbey of Boyle, in the county of Roscommon; "where," says he, " finding that divers affrights had been put into the people's minds, concerning his majesty's intention in this work, I sent for half a dozen of the principal gentlemen amongst them: and in the presence of the commissioners, desired that they would acquaint the rest of the country, that the end of my coming was, the next day to execute his majesty's commission, for finding a clear and undoubted title in the crown to the province of Connaught, proposing to begin first with the county of Roscommon; wherein, nevertheless, to manifest his majesty's justice and honor, I thought fit to let them know, that it was his majesty's gracious pleasure that any man's counsel should be fully and willingly heard, in defence of their respective rights; being a favor never before afforded to any upon taking these inquisitions; as also, if there was any thing else they desired, that I was ready to hear them, and would return them a fair and equal answer thereunto, as by his majesty I had been strictly enjoined; and to afford his good people all respect and freedom in the setting forth and defence of their several rights and claims. With this," continues he, " I left them marvellously well satisfied, for a few good words please them more than can be imagined." "The next morning, however," adds his lordship, the gentlemen of the country petitioned, that the inquisition might be deferred to a longer time, they being unprovided; which I refused, as I had caused notice of it, by a scire facias, to be issued from the Chancery, twenty days before; which was more also than had formerly been accustomed, in cases of that nature. So presently," proceeds he, "we went to the place appointed, read the commission, called and swore the jury, and so on with our work." "Sir Lucas Dillon was foreman of this jury, and seems to have behaved on this occasion entirely to the deputy's liking. * Nevertheless, "In truth," says he of this gentleman, "he deserves to be extraordinarily well dealt withal; and so he shall be, if it pleases his majesty to leave him to me." after the lawyers on both sides had done speaking, lord Wentworth made a speech to the jury, which did not at all encourage them to use that freedom which he had promised to allow them, in returning an impartial verdict; but on the contrary, rather convinced them, that his lordship had already prejudged the cause against their countrymen. For among other things he told them, that his majesty was indifferent whether they found for him or no; that he had directed him to press nothing upon them, where the path to his right lay so open and plain before him; but yet, that of himself, and as one that must ever wish prosperity to their nation, he desired them first to descend into their own consciences, to take them to counsel, and there they should find the evidence for the crown clear and conclusive. Next to beware, how they appeared resolved or obstinate, against so manifest a truth; or how they let slip out of their hands the means to weave themselves into the royal thoughts and care of his majesty, through a chearful and ready acknowledgment of his right, and a due and full submission thereunto. That if they would be inclined to truth, and do best for themselves, they were undoubtedly to find the title for the king. But if they were passionately resolved to go over all bounds to their own will, and without respect at all to their own good, to do that which were simply best for his majesty, then he should advise them roughly and pertinaciously, to deny to find any title at all; and there," says he, "I left them to chant together, as they call 2z VOL. II. it, over their evidence; and the next day they found the king's title without scruple or hesitation." "The juries of the counties of Sligo and Mayo followed the example set them by that of Roscommon; but the jury of the county of Galway was, by no means, so complying; and they suffered grievously on that account. "For, upon their refusing to find a title in the crown to the estates of their countrymen, lord Wentworth made use of some of his just and honourable means, to convince them of their mistake, "We bethought ourselves," says he on this occasion," of a course to viudicate his majesty's honor and justice, not only against the person of the jurors, but also against the sheriff for returning so insufficient, indeed we conceive so packed a jury; and therefore we fined the sheriff in a thousand pounds to his majesty." The mulct on the jurors was much greater. * They were fined four thousand pounds each; their estates were seized, and themselves imprisoned, till the fines were paid." Such was the sentence pronounced against them in the castlechamber, to which his lordship had bound them over; and where he conceived it was fit, that The star-chamber." says lord deputy Chichester, in 1613," is the proper place to punish jurors that will not find for the king upon good evidence,"-Desid. Curios. Hib. vol. i. p. 262. "The jurors of Galway were to remain in prison, till each of them paid his fine of four thousand pounds, and ac knowledged his offence in court upon his knees."-Leland's Hist. of Irel. vol. iii. p. 32. their pertinacious carriage should be followed with all just severity." "What was then understood by "just severity," may be collected from an extract of the grievances which, towards the end of his administration, the commons voted "real;" and which, in one article, seems to allude to this very case, viz."that jurors, who gave their verdict according to their consciences, were censured in the castle-chamber in great fines: sometimes pillored with loss of ears, and bored through the tongue, and sometimes marked in the forehead with an iron, with other infamous punishments.' * "And although he had publicly promised, "that their council on this occasion should be freely and willingly heard, in defence of their respective rights;" yet he scrupled not to take severe vengeance on two eminent lawyers, who ventured to plead in their behalf; and all his lordship's proceedings against them, and against the sheriff and jurors before-mentioned, were afterwards approved of by his majesty.† who so "As for the counsellors of the law," says he, labored against the king's title, we conceive it is fit, that such of them as we shall find reason to proceed withal, be put to take the oath of supremacy, which if they refuse, that then they be silenced, and not admitted to practice." This was accordingly done. + "He tell us himself, that upon his making a report to the king and council in England, of these prooeedings, his ma jesty said, "It was no severity, wished him to go on in that way; for that if he served him otherwise, he should not serve him as he expected. So I kneeled down," adds he, kissed his majesty's hand; and the council rose." |