liament was thenceforth to be holden in Ireland, but 1495. under this badge of submission to the English cabinet. Thus in the most extended view of the Irish legislature, was their parliament confined to a mere negative the satisfaction of the house, where they had originated, they were sent to the Irish privy council, in order to be transmitted to the King in England. If these heads of bills were transmitted to England by the Irish privy council (which was not always the case), and were assented to by the King, they were then re-transmitted to Ireland, and if not negatived by either of the houses of parliament, they received a formal royal assent from the viceroy. These prelegislative proceedings were incessantly complained of by the people of Ireland, as blighting in the bud the most promising fruit. When the heads of a bill prepared by the Irish lords or commons dissatisfied the council, or displeased the viceroy, they were arrested in their course to the throne, and were in the technical language of the council," put under the cushion," whence they never reached the ear of majesty. When the heads (or practically speaking the form or draught) of the bill came certified from the Irish council to the King it was immediately delivered to the attorney-general of England, to be perused, and settled by himself or the solicitor-general. It was in fact generally done by some conveyancing counsel, who had leisure to attend to it. In the year 1769 the inconveniency of this system was illustrated by a bill returned to Ireland altered in 74 places, which had been successively revised by the late Lord Thurlow, when attorney-gene ral, Lord Rosslyn, when solicitor-general, and the late Mr. Macnamara, a chamber counsel. The bill so metamorphosed was rejected by the commons of Ireland. The temporary duties expired some weeks before a new bill could be perfected; and in the mean time the merchants imported duty free. The commissioners without any existing law levied the duties, seized the goods, and lodged them in the King's stores. The merchants with the posse comitatus broke open the stores, and the goods were conveyed away in triumph. 1495. voice against the direction or approbation of the English cabinet. This limitation of the Irish parliament to the Veto, has from the time of its passing been the constant theme of complaint from the Irish, and the occasion of too despotic a sway of the English government over the Irish parliament *. Kildare at tainted. Kildare tried and Besides the twenty-three public acts, which were passed at this memorable parliament at Drogheda, several other acts were enacted, which have never been printed. Amongst them was an act † for attainting the Earl of Kildare and his brother James for high treason, for corresponding with O'Hanlon, and seizing the castle of Carlow, for extorting coigne and livery, and for treating with the King of Scotland 1. Notwithstanding this parliamentary attainder, Kilacquitted. dare evaded the effects of it under singular circumstances. Historians have questioned the motive of Henry's conduct towards this deputy. He had certainly been imprudent, and at present was probably the victim of envy and resentment. Being summoned to England to answer his accusers, he was admitted to the presence of the King, who recommended him to provide himself with counsel. "Yes," replied the Earl with a frank familiarity," the ablest in the realm," catch *Of this legislative independence we shall hereafter have occasion to speak. Rot. Parl. c. 41. b.6. It is also presumed, though I have discovered no author, who ascertains the fact, that the fraternity of St. George was put down by authority of this parliament; for from this time it is no more spoken of. ing hold of his Majesty's hand, "your highness I take 1495. for my counsel against these false knaves." The King, instead of being offended at this liberty of Kildare, seemed pleased with the honest compliment paid to his integrity. In the course of the trial, it was urged against him by his enemies, that he had with sacrilegious impiety, burned the church of Cashel. "Spare your evidence," cried Kildare, "I did burn the church, for I thought, that the archbishop had been in it." Towards the close of the trial, his accusers finding that they had not proved their principal charges, to the conviction of the King, told him in the bitterness of resentment, "That all Ireland could not govern this Earl."" Then," said the King, "this Earl shall govern all Ireland." tored to the On the conclusion of the trial Henry convinced, Kildare resthat a man of such undesigning plainness and simpli- government city, could not be guilty of any deep state delinquen cy, received Kildare into favor, restored him to all his honors, and made him deputy of Ireland in the place of Sir Edward Poynings. This generous treatment was afterwards returned by the earl with cordial and suitable gratitude. married to the King of is at last No evidence can be adduced from the historians of Warbeck these times, whether the deception practised upon a relative of several persons of high consideration at this time were Scotland, genuine, or whether in hatred to the party and person hanged. of Henry they gave into the delusion. James King of Scotland was either so involved in the scheme or so ensnared by the art of Warbeck, that he gave to him 1497. in marriage a young lady of the first accomplishments, the Lady Catharine Gordon, a daughter of the Earl of Huntly, who was allied to the blood royal of Scotland. After Warbeck had failed in a descent upon the coast of Kent and returned to Flanders, the Duchess of Burgundy displayed a scene of refined hypocrisy. She passed in severe scrutiny the evidence of his pretensions, publicly acknowledged him as her nephew, gave him a suitable establishment, and soon after enabled him to make another, which was his last effort in Ireland. He landed at Cork, on the 26th of July, but found, that the nation was then so steadily kept in awe by Sir E. Poynings, that he despaired of success; and in consequence of an invitation from the Cornish men in the beginning of September he sailed from Cork, with one hundred and twenty soldiers, whom by the countenance of Desmond, he had inlisted into his service. Warbeck having advanced with his Cornish men as far as Taunton, was forced to abandon his projects, and fled to sanctuary in Beaulieu in Hampshire, where he surrendered himself, and was committed a prisoner to the Tower of London; whence having once escaped, he was recommitted; and upon a second attempt to escape, was hanged, together with the Mayor of Cork, who had followed him through all his adventures from his arrival in that town to the gallows at Tyburn. About the same time Henry ordered the young Earl of Warwick, the last of the Plantagenets, to be tried for designing to disturb the government. Warwick con 1504. Battle of Knocktow, a se- and death of Henry Lord VII. Even fessed the indictments, was condemned and executed. * Bacon, who in all things studied to magnify his sage and hero, tells us, that the crime, for which Warwick was indicted was for joining Warbeck in the attempt to escape out of prison; which he either could not or would not deny. No crime surely in an innocent captive. But he also insinuates something of state policy in this barbarous execution of an unoffending youth, whose sole crime was the noble and legitimate blood, that flowed in his veins. Papers were produced from the father of Catharine of Arragon, who was first betrothed to Prince Arthur, and afterwards married to Henry VIII. suggesting, that there could be no safety for the reigning family, whilst the true Plantagenet existed, and all their title to the crown united in the young Earl of Warwick. |