s, the Lord Lieutenant, by
his letter of the 20th of March, 1723-4, represented the great
difficulty he found himself under, to comply with these your Majesty's
orders; and by another letter of the 24th of March 1723-4, "after
consulting the principal members of both Houses, who were immediately in
your Majesty's service, and of the Privy Council," acquainted your
Majesty, "That none of them would take upon them to advise, how any
material persons or papers might be sent over on this occasion; but they
all seemed apprehensive of the ill temper any miscarriage, in a trial,
upon _scire facias_ brought against the patentee, might occasion in both
Houses, if the evidence were not laid as full before a jury, as it was
before them," and did therefore, a second time, decline sending over
any persons, papers or materials whatsoever, to support this charge
brought against your Majesty's patent and the patentee.
As this proceeding seemed very extraordinary, that in a matter that had
raised so great and universal a clamour in Ireland, no one person could
be prevailed upon to come over from Ireland, in support of the united
sense of both Houses of Parliament of Ireland; That no papers, no
materials, no evidence whatsoever of the mischiefs arising from this
patent, or of the notorious frauds and deceit committed in the execution
of it, could now be had, to give your Majesty satisfaction herein; "your
Majesty however, desirous to give your people of Ireland all possible
satisfaction, but sensible that you cannot in any case proceed against
any of the meanest of your subjects, but according to the known rules
and maxims of law and justice," repeated your orders to your Lord
Lieutenant of Ireland, that by persuasion, and making proper allowances
for their expenses, new endeavours might be used to procure and send
over such witnesses as should be thought material to make good the
charge against the patent.
In answer to these orders, the Lord Lieutenant of Ireland acquaints your
Majesty, by his letter of the 23d of April to one of your principal
secretaries of state, "That in order to obey your Majesty's commands as
far as possibly he could, at a meeting with my Lord Chancellor, the
Chief Judges, your Majesty's Attorney and Solicitor-General, he had
earnestly desired their advice and assistance, to enable him to send
over such witnesses as might be necessary to support the charge against
Mr. Wood's patent, and the execution of it. The
|