Ireland under the Stuarts and during the Interregnum, Vol. I (of 3), 1603-1642

Talbot before the Star-chamberThe law officers discourage severityBacon nevertheless magnifies Talbot’s offence, but he is ultimately released

Talbot was brought before the Star-chamber in London on the same day that Gough made his submission in Dublin. At a previous hearing before the Council the English oath of allegiance was tendered to him, and extracts from Suarez and Parsons were read, of which he was given a copy to meditate upon during his imprisonment. Though the oath of allegiance had no statutory force in Ireland the law officers, Hobart and Bacon, had given a cautious opinion that it might be administered to Irishmen in England, ‘but whether it be convenient to minister it unto them, not being persons commorant or settled there, but only employed for the present business, we must leave it unto his Majesty’s and your Lordships’ better judgments.’ This is a plain hint that they did not think it convenient, but they were overruled, and Bacon, who had since become Attorney-General, had to conduct Talbot’s prosecution. The prisoner not unnaturally vacillated a good deal, but at last, having studied Abbot’s excerpts from the two Jesuits, he declared that they involved matters of faith and must be submitted to the judgment of the catholic Roman church, but, he added, ‘for matter concerning my loyalty, I do acknowledge my sovereign liege lord King James to be lawful and undoubted King of all the kingdoms of England, Scotland, and Ireland, and I will bear true faith and allegiance to his Highness during my life.’ The practical politician who was in Bacon along with the lawyer, the theologian, and the philosopher would no doubt have been satisfied with this; but officially he was bound to accuse Talbot of maintaining a power in the Pope to depose and murder kings. He had not merely refused the oath of allegiance, but had affirmed the power of the Church over civil matters. ‘It would astonish a man,’ said Bacon, ‘to see the gulf of this implied belief. Is nothing exempted from it? If a man should ask Mr. Talbot whether he do condemn murder, or adultery, or rape, or the doctrine of Mahomet, or of Arius instead of Zuarius; must the answer be with this exception, that if the question concern matter of faith (as no question it does, for the moral law is matter of faith) that therein he will submit himself to what the Church will determine.’ Talbot was fined £10,000, but there does not seem to have been any intention to make him pay, and he was allowed to return to Ireland after spending several more months in the Tower. This was euphemistically described by the Privy Council as ‘attendance on his Majesty’s pleasure,’ but they took care that his property should not suffer in his absence. Clemency was shown, but a theoretical gulf had been dug which made it more difficult than ever to reconcile the discordant elements of Irish life.119

The King on the constitution of Parliaments, on Irish grievances, and on toleration

On April 12 in the council chamber at Whitehall, and in the presence of Chichester and of the recusant Irish peers and members of Parliament, James delivered the memorable speech which foreshadowed the course of Irish policy until the advent of Strafford. It manifests much cleverness, combined with a characteristic want of dignity. The parliamentary questions were of course decided against the petitioners, who were lectured for their disrespectful bearing at the outset, and for seceding when things went against them. ‘The Lower House,’ he said, ‘here in England doth stand upon its privileges as much as any council in Christendom; yet if such a difference had risen here, they would have gone on with my service notwithstanding. What,’ he exclaimed, ‘if I had created 40 noblemen and 400 boroughs? The more the merrier, the fewer the better cheer,’ adding with a good deal of truth that ‘comparing Irish boroughs new with Irish boroughs old,’ there was not so very much to choose between them, and that for the most part they were likely to increase. The legal point as to members being non-resident he was entitled to pass over lightly, for the law was obsolete in England. ‘If you had said they had no interest,’ he remarked, ‘it had been somewhat, but most have interest in the kingdom, and are likely to be as careful as you for the weal thereof.’ As to civil grievances those complained of were such as were found in all countries, and might be redressed on application to the Lord Deputy, whom the recusants admitted to be the best governor that Ireland had ever had. After full inquiry by an impartial commission the King had ‘found nothing done by him but what is fit for an honourable gentleman to do in his place.’ As to the question of religion, he said the recusants were but half-subjects, and entitled only to half privileges. ‘The Pope is your father in spiritualibus, and I in temporalibus only, and so you have your bodies turned one way and your souls drawn another way; you that send your children to the seminaries of treason. Strive henceforth to become good subjects, that you may have cor unum et viam unam, and then I shall respect you all alike. But your Irish priests teach you such grounds of doctrine as you cannot follow them with a safe conscience, but you must cast off your loyalty to the King.’ And he referred to an intercepted letter from one such priest, which was much more to the purpose than extracts from Suarez and others like him.120

Final award as to parliamentary difficulties, 1614The Houses get to business at lastThe Roman Catholics at first stay to prayers, but soon desistLegislation proceeds smoothly, and Tyrone’s attainder is passed unanimously

Chichester left London on July 11, one week after the Irish Parliament had been prorogued by the Lords Justices for the sixth time. A letter from the King written at Belvoir Castle soon followed him, which contained the final award as to Irish parliamentary matters. The Protestant or Government party were pronounced generally to have been in the right; but the Opposition were not to be any further questioned, since there had been a certain amount of foundation for their complaints. It had been proved that eight boroughs were erected after the issue of the writs, and this disqualified their representatives during the existing Parliament. Three other boroughs were pronounced by the Commissioners to have no power by charter or prescription to send burgesses, and this decision was confirmed. The rest of the elections were declared to be duly made. Sir John Davies carried the royal letter to Dublin along with the Bills finally agreed upon, which did not include that against Jesuits, seminary priests, and other disobedient persons. The prorogation expired on October 11, on which day the Houses met, Chichester having undergone a surgical operation in the interval. He was sufficiently recovered to open Parliament in person, to make a short speech, and to see the effect of the King’s letter, which was read by the Lord Chancellor in his presence. Davies made another speech to the Commons, with the usual classical allusions and the usual appeals to history. James was the Esculapius who had healed their differences, and now there was good hope that their wills should be united. Differences of opinion there needs must be, and sound conclusions could not be reached without them, for had not Ovid said that nature could effect nothing without a struggle? At first all went smoothly, and the Roman Catholics sat patiently through prayers, which were offered up by the Speaker himself. The lawyers held that prayers said by a layman could do them no harm, but the priests thought otherwise, and attendance was discontinued after a week. In the Lords, where a bishop officiated, it was from the first considered out of the question. When the House of Commons came to business both Talbot and Everard exerted themselves to prevent any disturbance. Three Bills were passed without much difficulty, for acknowledgment of the King’s title, for the suppression of piracy, and for taking away benefit of clergy in cases of rape, burglary, and horse-stealing. The English Act of 28 Henry VIII. was never extended to Ireland, and the prevalence of piracy was attributed mainly to that. Special commissions of admiralty were now devised, pirates being denied both benefit of clergy and right of sanctuary. If a jury were sworn there could be no challenge. The Bill for the attainder of the northern chiefs was passed without a single dissentient voice, and became law. Sir John Everard, who seems to have had little sympathy with the Ulster Celts, spoke in favour of it and made little of objections. ‘No man,’ he said, ‘ought to arise against the Prince for religion or justice,’ adding that the many favours bestowed on Tyrone by the late Queen and present King greatly aggravated his offence. ‘And now,’ wrote Davies, ‘all the states of the kingdom have attainted Tyrone, the most notorious and dangerous traitor that was in Ireland, whereof foreign nations will take notice, because it has been given out that Tyrone had left many friends behind him, and that only the Protestants wished his utter ruin. Besides, this attainder settles the plantation of Ulster.’121

FinanceA free gift is asked for, but with little successThe Protestants have no working majority

Our Tudor and Stuart sovereigns looked upon Parliament mainly as an instrument for putting money in their purse. Ireland was a dependency, and was generally a source of expense rather than of income until after the Restoration, when inconvenient criticism was avoided by charging pensions upon the Irish establishment. ‘The King was never the richer for Ireland,’ though private adventurers sometimes made fortunes there. Chichester had greatly improved the revenue, and as there was peace in his time, except for the brief rebellion of O’Dogherty, there were good hopes of making Ireland a paying concern. After his return from England he issued letters asking for a free gift from the county of Dublin; intending to do the same elsewhere if this first appeal was successful, and hoping thus to raise 20,000l. A nest egg was provided by the Archbishop and Lord Howth, who put their names down for 100l. apiece, but the Roman Catholic majority hung back, and as soon as it was known that a parliamentary subsidy would be asked for the chance of any other contribution grew less and less. The Bill, which was the first of the kind in Ireland, was duly forwarded to the English Council, but there were many delays before it was remitted, and it did not reach Ireland until two days after Parliament had been again prorogued. The constituencies generally appear to have made their representatives regular allowances, and this was found very burdensome. Chichester had found it impossible to keep the Houses sitting with no business before them. Moreover for want of occupation the members began to make inconvenient inquiries into the general course of government, and they rejected Bills for the confirmation of titles to lands acquired by forfeiture in Elizabeth’s time. The Papists, wrote Winwood’s secretary, had been in a majority during the whole session ‘through their careful attendance and the negligent attendance of the Protestants, and this had given them such confidence of their own strength that they have dared to mutter, not many days before the Parliament was prorogued, that the new charters might yet be made void, that the Act of 2 Elizabeth might be suspended, and that the recusant lawyers who were put from pleading might be again admitted to the bar.’122

Last session of the Parliament, 1615A subsidy cheerfully granted, but collected with difficultyOptimism of Sir John Davies

Parliament was again prorogued at the end of January 1615, and James, seeing little chance of a supply, was on the point of directing a dissolution. But he changed his mind, and decided to be guided by the proceedings on the money Bill. The Houses met accordingly on April 18, and the subsidy was granted without any difficulty. Vice-Treasurer Ridgeway thought this a half-miracle, the House of Commons ‘being compounded of three several nations, besides a fourth, consisting of old English Irelandised (who are not numbered among the mere Irish or new English) and of two several blessed religions (whatsoever more), besides the ignorance of almost all (they being at first more afraid than hurt) concerning the name, nature, and sum of a subsidy.’ Contrary to the settled practice of later times the Bill was introduced first in the House of Lords. Winwood’s secretary, who sat for Lifford, was allowed precedence in the debate, and was much struck by the readiness of all parties. Many of the Irish assured Blundell that they would willingly have given two subsidies if it had not been for the great loss of cattle during the late severe winter. Nobody knew what the sum raised was likely to amount to, but Ridgeway thought it might reach 30,000l. in money and cows. Chichester said it could not be got in coin unless specie were sent from England to pay the officials, who were all in debt; their creditors might then be enabled to meet the tax. Former benevolences and cesses in Ireland had been raised on land only, and there were many exemptions for waste and in favour of influential people. Goods were now included, and taxed at 2s. 8d. in the pound for natives and 5s. 4d. for aliens and denizens. The imposition on realty was 4s. and 8s. English precedent was departed from in so far that the clergy were taxed as well as the laity, but this was changed in Strafford’s time. Half the money was to be paid in September 1615, and half in the following March. The preamble of the first Irish subsidy Bill bears evident marks of Davies’s hand, setting forth that Ireland had been hitherto only a source of expense to the Crown owing to continual disturbances. ‘But forasmuch,’ it proceeds, ‘as since the beginning of his Majesty’s most happy reign all the causes of war, dissension, and discontentment are taken away,’ principally by extirpating traitors and placing English and Scotch colonies in Ulster, the King was now ‘in full and peaceable possession of his vineyard,’ and entitled to expect some income from it. The King’s letter of thanks is an echo of this, but it was Carew and not Davies that proved a true prophet when a worse war than Tyrone’s broke out in that very Ulster which was supposed to be ‘cleared from the thorns and briars of rebellion.’123

Proposed legislation, most of which is abandoned, against Recusants, for a fixed revenue, against Tanistry, and for many other purposes

It was originally hoped or intended that there should be very important legislation in this Irish Parliament. Bills were prepared for repairing churches and preventing waste of Church property and against pluralities and non-residence. On the other hand stringent enactments were contemplated against Jesuits and seminary priests, and in particular to make the English law enforceable against Recusants who fled into Ireland to have more free exercise of their religion there. No part of this programme was carried out, and it was probably from a feeling of relief that the Irish majority were so amenable in connection with the subsidy. The oath of allegiance had not been imposed by law in Ireland, and it was proposed to legalise its administration by commissioners, but this was not done. Several Bills devised to give the King a fixed revenue were also abandoned. Of twenty projected Acts ‘concerning the common weal, or general good of the subject,’ only two became law, those against piracy and against benefit of clergy in cases of felony. Of the other abortive bills that of largest scope was for abolishing the Brehon Law and the custom of gavelkind and for naturalising all the native Irish. Tanistry and gavelkind had already been declared illegal by judicial decisions, and probably it was not thought prudent to raise the question. But an Act was passed repealing certain statutes in which Irishmen had been treated as enemies or aliens, and declaring that all natives and inhabitants of Ireland did in fact live under one law. Bills for confirming royal grants to undertakers in Ulster and Munster came to nothing, and probably it was thought wiser to keep the power of forfeiture in reserve. A poor law was contemplated, but the machinery for working the 43rd of Elizabeth did not exist in Ireland, and nothing effectual was done until 1838. A Bill for the preservation of woods was abandoned, and so was another, for the protection of hawks, pheasants, and partridges, which may sound odd to modern sportsmen.’124

A highway system introducedLegislation against Scots repealedA general pardon

To this Parliament Ireland owes the first establishment of a regular highway system, the remote results of which delighted Arthur Young when the roads of England were still very bad. The charge was placed on the parishes, and compulsory powers were given to take small stones out of quarries, and underwood when required, paying such compensation as the supervisor thought reasonable. An Act of Mary against bringing in Scots and marrying with them was repealed in consequence of the union of England, Scotland, and Ireland ‘under one imperial crown.’ The only other act of great importance passed was one for a general pardon of all offences not specially excepted. But the list of exceptions was a long one, including treason and misprision of treason, piracy and murder, since the beginning of the reign. Burglary, arson, horse-stealing, and rape were pardoned unless committed within one year before the beginning of the session. Witchcraft, however, and most offences against the revenue, were excepted if committed since the King’s accession. Outlaws were excepted until such satisfaction was given as would lead to a reversal of the outlawry, and a special Act was passed to restrict the power of private suitors to place their adversaries in such a position. ‘No kingdom or people,’ said Davies, ‘have more need of this Act for a general pardon than Ireland,’ but it was considered very insufficient. Nothing was done to abate extortion in the Exchequer and other courts, and there were no words of ‘pardon of intrusions and alienations, which is the burden that lies heavy upon all the gentlemen of the kingdom.’125

Parliament is dissolved October, 1615, and the King falls back on prerogativeObsolete statutes

The subsidy having been granted, Parliament was prorogued after sitting four weeks, and it was intended to have another session in October. Long before the recess was over James made up his mind that there should be a dissolution, and that he would not receive another deputation from the Irish Commons. The reasons given were that the existence of Parliament interfered with the ordinary course of justice, and that the luxury was too expensive both for the members and for the constituents, who paid them more or less sufficiently. That this was not the true reason may be inferred from the fact that a dissolution was very unpopular. Probably the King thought Irish Parliaments dangerous and unmanageable as he learned to regard English ones, and he had no great appetite for legislation when the prerogative was strong enough to carry out the most pressing reforms. Orders were given to reduce the scale of legal fees and to have them hung up in all the courts. If the clergy exacted excessive charges for burials they were to modify them. Restraints on trade were to be removed by proclamation, but the exportation of wool was forbidden except into England. Finally the Statute of Kilkenny and all other Acts prohibiting commerce between English and Irish were to be treated as obsolete until the next Parliament, when they might be utterly repealed. As a matter of fact no Parliament met until Strafford’s time, and the system of bureaucratic government without effective criticism was not destined to be successful.126

CHAPTER VIII

LAST YEARS OF CHICHESTER’S GOVERNMENT, 1613-1615

The Ormonde heritageA new Earl of DesmondThe palatinate of Tipperary

Interference with property was not limited to the ancient Irish, but was extended by James to the greatest and most loyal of the Anglo-Norman families. The tenth Earl of Ormonde, known as Black Thomas, who played so great a part in Elizabeth’s time, had been blind ever since the King’s accession. During these years his chief care was to keep the estates and the title together, and he took every possible precaution both by will and deed. Having no son living, he married his only daughter Elizabeth to her cousin Theobald, Lord Tullophelim, who was the nearest male heir, and who was in great favour both with the King and Chichester, but not with the old Earl, who accused him of ill-using his wife and of keeping bad company. Tullophelim died childless early in 1613, and a son of Lord Thomond’s immediately sought the widow’s hand; but the King insisted on her marrying Richard Preston, a Scotch gentleman of the bedchamber, who, had been about him from his childhood, accompanied him to England, and was knighted at the coronation. The marriage took place, and the favourite, who in 1607 had been created Lord Dingwall in Scotland, became Earl of Desmond in Ireland in 1619. It was actually the intention of James to endow the new coronet with everything that had belonged to the old Desmonds; but little came of this, for the forfeited lands were already occupied by others. Dingwall was with his father-in-law when he died in 1614, and was immediately involved in litigation which lasted longer than his life. In announcing Ormonde’s death, Chichester pointed out that there was now an opportunity of abolishing the palatinate of Tipperary ‘so long enjoyed by that house to the offence of most of the inhabitants of that county and of the neighbouring counties adjoining.’ No doubt it was very desirable to get rid of such an anomaly, provided it were done openly on public grounds, and with some reasonable compensation for the financial loss. But that was not James’s way of doing things. The political advisability of dividing the great Ormonde heritage went for something with him, but the really important matter was to secure a large part of it for a Scotch courtier.127

Litigation about the Ormonde estatesJames I. as an arbitratorHarsh treatment of the Earl of Ormonde

The heir to the late Earl’s title was his nephew, known for his devotion as ‘Walter of the beads and rosaries,’ and to make everything safe this had been secured to him by fresh letters patent. He married a daughter of Lord Mountgarret, and her brothers, after Earl Thomas’s death, plotted to carry off his widow and to secure her jointure by marriage to one of themselves; but this plan was frustrated, and she married Sir Thomas Somerset. The estates were all carefully entailed upon the new Earl; but Lady Desmond was heir general, and lawyers in those days could generally find flaws in titles if those in authority wished it. In this case James did wish to give much of the property to his favourite; but it was always possible that the courts of law might act independently, and Earl Walter was induced to give a bond for 100,000l. to abide by the King’s personal decision in the matter. Perhaps he was forced to this by his difficulties for want of money, or by an exaggerated belief in James’s wisdom, or he may have been simply a bad man of business. When James made his award, the Earl found that he would not have enough to support his dignity, and declined to submit. The result was that he spent eight years under restraint, chiefly in the Fleet prison, where he endured extreme poverty and misery. The King seized the revenues of that portion which he had adjudged to the prisoner, as well as the palatinate of Tipperary, which belonged to him as heir male. Taking advantage of his adversary’s distress, Desmond even set up a claimant to the Earldom of Ormonde, but the imposture was too absurd to have any chance of success. After his death his daughter and heiress married Earl Walter’s grandson, the future Duke of Ormonde, but this did not take place until the next reign.128

The MacDonnells in Antrim. Sir Randal MacDonnellMacDonnells and O’NeillsTortuous policy of Sir Randal

Randal MacDonnell, Sorley Boy’s eldest surviving son, had accompanied Tyrone to Kinsale; but deserted the falling cause in good time, brought a useful contingent to Mountjoy, and was knighted by him. While Elizabeth lived, the close connection between the MacDonnells in the isles and in Ulster had always been a source of danger, and one of James’s first cares was to secure the allegiance of the Irish branch. The northern part of Antrim, including the coast from Larne to Portrush, was granted to Randal by patent. From this grant, estimated to contain 333,907 acres, the castle of Dunluce was at first excepted, but this was afterwards thrown in with the rest, as were the fishery of the Bann and the island of Rathlin. MacDonnell married Tyrone’s daughter, which no doubt strengthened his position; but he realised clearly that parchment, and not steel, would in future decide the fortunes of families. He was in England in 1606, and Salisbury, when saying good-bye, advised him not to be his own carver. Chichester thought the grants to him were improvident, and was never quite satisfied about his loyalty, but he was able to clear himself of all complicity when Tyrone fled the country, and he took care not to obstruct the settlement afterwards. Before O’Dogherty’s outbreak he was on equally good terms with that unfortunate chief and with his opponent, Bishop Montgomery, and he was received at Court in 1608 and 1610. In 1614 he was one of those who went security for Florence MacCarthy in London.129