To this the Earl Answers, That he was General of the Army, and
had Power of Martial Law, which is usual in Ireland; and the Lord
Mountnorris was an Officer in the standing Army, and by those mu∣tinous
Words had transgressed the Thirteenth, and the Twenty first
Articles of War, That he was not a Judge of it, but the Council of
War were the Judges, that the Lord Mountnorris suffered nothing; but
a short Imprisonment; and was told at that time by the Earl, that he
should not suffer according to the Sentence; and as for Dennit, he had
stoln a quarter of Beef, and also ran away from his Colours, which
is Felony in Ireland, and it was at a time when a Regiment was im∣barking
for England.
The Sixth Article is, That on a Paper Petition, without legal Proceed∣ings,
he caus'd the Lord Mountnorris to be dispossessed of Land, that he
had enjoy'd quietly Eighteen years.
To this the Earl says, That that sort of Proceeding was usual in
Ireland, and he had a positive Order for it (except in special Cases)
by the King's Letter, 5th, October 9 Car. 1. that Three of the Judges
assisted him in the Tryal; and that the Judgment was very just.
The Eight Article was, That he imprison'd the Lord Chancellor Loftus,
for not obeying his Decree on a Paper Petition, and also imprison'd him for
not giving up the Great Seal; and also imprison'd the Earl of Kildare, for
not submitting his Title to Castle-Ley to the Lord Deputies Pleasure; and
that contrary to the Major Vote of the Council, He caused an Order of Council-board
to be made against the Widow Hibbott, and threatened to Fine her
so high if she had disobeyed it, that she was thereby forced to quit her Lands,
which are since conveyed to the use of the Earl, but it seems the Im∣prisonment
of the Lord Chancellor, and the Earl of Kildare, was by
the Kings Order, and so the Managers insisted only on that of Hibbotts.
To which the Earl Answer'd, That it was a Case of Fraud and Op∣pression,
and that the Council-board in Ireland had Jurisdiction in such
Cases, and that the Major Vote was against her, and denies the Lands
were conveyed to his use.
The Ninth Article was, That he gave Warrants to the Bishop of Down
and Connor, and others of their Officers to Arrest and Imprison such of the
poorer sort, as refuse to appear upon their Summons, or disobey their Sentences
until they give security, to shew cause at the Council-Table for such Con∣tempt.
To which he Answers, That such Warrants were formerly used, and
even at the desire of the Papists, to save the Charge of the Writ, de
Excommunicato capiendo, that he never Granted but this one, and find∣ing
it abus'd, he soon call'd it in again.
The Tenth Article was, That he procured the Customs to be Farmed to
his own use, and advanced the Book of Rates on Native Commodities, to
excessive Prizes, as every Hide at 20 s. a Stone of Wooll at 13 s. 4 d. &c.
whereby the Custom, that should be but the 20th. became the Third or
Fourth part of the true value of the Commodity; and there is a Clause
in the Grant, That it should be good, tho' an Act of Parliament should
be made against it.
To this the Earl Answers, That the Book of Rates was advanced
before his Farm, that it was so moderate, that the King sent a Let∣ter
1637. to raise it higher, which he oppos'd; that he was drawn
into the Farm by the Kings Command, and the Lord Portlands im∣portunity;
and that the King had •• of the Profit of it, and that Trade
is exceedingly increased since his coming to the Government.