Page:Chronicle of the law officers of Ireland.djvu/305

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OUTLINE OF THE

uncommon variety, occur in the reign of Elizabeth, the leading maxim of her long and successful reign was to enforce with steady aim and persevering counsels, every measure which tended to extend or confirm a complete model of the English constitution, with the full benefit of its common law in this island. In this reign the Lord Deputy Ormond sought to have the Superior Courts removed to the Cathedral of St. Patrick, but Dr. Loftus, Archbishop of Dublin and Chanodlor, successfully resisted this attempt.

The accession of James I. was marked by peculiar blessings, suited to a timid and peaceful temper; external security and internal strength had been confirmed through England and Ireland by his wise and warlike predecessor. The founder of each preceding line won a doubtful sceptre amid the thunder of bottle, and obtained a kingdom rent by intestine faction and civil war, in which a powerful party for a long period looked to revenge and resettlement. Sound policy and cool courage were continually exercised to counteract such alarms, but James was completely destitute of these eminent qualities so necessary to support or adorn a throne. His powerful situation supplied the defect and enabled him to indulge exertions more correspondent to his genius, the management of scholastic disputes and political innovation. The English code could not meet in such a man a sincere or determined defender, his reign is therefore marked by practical hostility to its letter and spirit. Ireland lay more exposed to these attacks from habitual misinterpretation of law, and the great weight of property which became vested in the crown.

A confiscation of the northern counties presented a new and unexampled precedent, which a perfect knowledge of English law, unsupported by the corruption of Irish practice, would disable an honest man from carrying into effect. Thus the election of an Irish chieftain was not allowed to have any weight in Irish courts against the descendible quality of fee simple estates, yet the treason of such leader was considered conclusive proof of a right sufficient to defeat all derivative interests, and vest the