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These for so far had behind them only the force of royal proclamations, and their legality was open to the gravest doubt. The great obstacle that must be overcome before a Parliament could be convoked was the fact that both in the House of Commons and in the House of Lords the Catholics might find themselves in a majority. To prevent such a dire catastrophe it was determined to create a number of new parliamentary boroughs so that many places "that could scarcely pass the rank of the poorest villages in the poorest country in Christendom" were allowed to return members, provided only that it was certain they would return Protestants. Nineteen of the thirty-nine new boroughs were situated in Ulster, where the plantations had given the English and Scotch settlers a preponderance. In the House of Lords the situation was also critical, but it was hoped that by summoning all the Protestant bishops and also certain peers of England who had got grants of territory in Ireland the government could count on a majority, especially as some of the Catholic lords were minors, and as such not entitled to sit. For months the plans for packing the Parliament and for preparing a scheme of anti-Catholic legislation were being concocted, and the Catholic lords, knowing well what was going on, felt so alarmed that they lodged a solemn protest with the king against the erection of towns and corporations "consisting of some few poor and beggarly cottages" into parliamentary boroughs, against the wholesale exclusion of Catholics from office on account of their religion, and conjured the king "to give order that the proceedings of Parliament may be conducted with moderation and indifferency." In spite of this protest the new boroughs were created, and the elections were carried out in the most high-handed manner, the sheriffs hesitating at nothing so long as they could secure the nomination of Protestant representatives.

On the day preceding the opening of Parliament (fixed for 18th May 1613) the Catholic Lords of the Pale addressed a protest to the Lord Deputy. They asserted that while several of the Irish Catholic nobles entitled to sit in the House of Lords were not summoned, English and Scotch lords "already parliant in other kingdoms" had been invited to attend, that new corporations had been created, many of them since Parliament was summoned, without any right or title except to assure a Protestant majority, that the sheriffs and returning officers had acted most unfairly during the election, and that a Parliament sitting "in the principal fort and castle of the kingdom," surrounded by "numbers of armed men," could not be regarded as a free assembly. When the House of Commons met on the following day the Catholics proposed that Sir John Everard, who had been dismissed from his office of judge because he refused the oath of supremacy, should be elected speaker, while the Protestants proposed Sir John Davies for this position. The Catholics, knowing well that if the returns of the sheriffs were accepted they would find themselves in the minority, maintained that the members against whose return objection had been lodged should not be allowed to vote. On this being refused, they tried to prevent a vote being taken, and when the supporters of Davies left the chamber to take a count, the Catholics installed Sir John Everard in the chair. The Protestants, claiming that they had a clear majority, one hundred and twenty-seven out of a possible two hundred and thirty-two, removed Sir John Everard by force, and adopted Sir John Davies as speaker. The Catholics then left the chamber, and both Lords and Commoners refused to attend any further sessions until they should have laid their grievances before the king. In consequence of their refusal it was necessary to suspend the parliamentary session, and both parties directed all their attention to an appeal to the king.