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]

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]

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]

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]

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]

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

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]

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]

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]

While strengthening his position in Ireland, Sir Randal did not give up all hold on the Western Islands, for he obtained a lease of Isla and attempted to govern it along with, and according to the rules of, his Irish estate. He was never able to make much out of it, for his tenants disliked novelties, and so did the Scotch Privy Council. The strong castle of Dunyveg was entrusted by the Government to Bishop Knox of the Isles, but his weak garrison was surprised by one of the bastard Macdonalds, who in his turn had to surrender it to Angus Oig, brother of Sir James Macdonald, lord of Isla, who was a prisoner at Edinburgh. Angus professed to hold the castle for the King; but refused nevertheless to give it up to the Bishop, who had all the authority that the Government could give him. Well informed people at Edinburgh thought Argyle was at the bottom of the whole disturbance, ‘and the matter so carried that it was impossible to deprehend the plot.’ Bishop Knox, who was well versed in Highland politics, and who would have liked to settle the Hebrides with lowlanders on the Ulster plan, considered it ‘neither good nor profitable to his Majesty, nor to this realm, to make the name of Campbell greater in the Isles than they are already; nor yet to root out one pestiferous clan, and plant in another little better.’ The offer of a good rent by Sir John Campbell of Calder was nevertheless accepted, and Isla was granted to him, with the authority of King’s lieutenant, and orders to root out the Macdonalds. No notice was apparently taken of Sir Randal’s rights or claims. Sir James Macdonald’s proposals were disregarded, and in November 1614 Sir John Campbell carried a strong force to Duntroon, where he awaited assistance from Ireland. Archibald Campbell, Argyle’s representative in Cantire, was sent over to explain matters to Chichester.[130]

The King’s orders to Chichester were to send 200 men, under an experienced commander, to join the laird of Calder. He remembered former trouble in Isla, and had heard that the walls were thirty-six feet thick and would require the best cannon that Chichester could get in any Irish forts, as well as petards, and a skilful engineer. Sir Oliver Lambert, who had seen much fighting in Spain and the Netherlands, as well as in Ireland, offered his services, which were at once accepted. Archibald Campbell came to Dublin in November, and accompanied Lambert when he sailed on December 7. The troops were conveyed in two men of war, and a hoy carried the cannon and stores. On December 14 the expedition reached the sound of Isla; but there was no sign of Sir John Campbell, from whom Lambert was to take orders. Letters came at last, but the weather was so bad that Sir John could not come until January 1. It took another month to provide a platform for the ‘two whole cannon of brass, and one whole culverin of brass, fair and precious pieces,’ which composed Lambert’s battery. Captain Crawford, a brave officer, died from the effects of a chance shot, and little or nothing could have been done without Captain Button and his sailors. Button, who had been to Hudson’s Bay, and was a discoverer as well as a seaman, found the land-locked harbour now called Lodoms. The walls of Dunyveg turned out to be eight feet thick and not thirty-six, and three days’ cannonade was enough for the defenders, who, however, made their escape to a boat which they had hidden among the rocks, and so got away by sea to another part of the island. Their leader, Coll Keitach McGillespie, afterwards went to Ireland. The result of the whole transaction was to give Isla to Sir John Campbell, and so to increase the power of his clan. Sir Randal MacDonnell was strictly forbidden by the King to go to Isla before July 1, when he might sue in the courts at Edinburgh for anything that remained due to him. Lambert gave James a very good account of Campbell, and advised that trained soldiers should be assigned to him. ‘One hundred such Irish as with little charge we can bring are able to suppress island after island, reckon what they will of their numbers. Your Majesty’s ships will add a great countenance with such business, being well acquainted now where to harbour.’ He praised Isla, which was free from snow when Cantire, Jura, and the hills of Ireland were all white, and it was worth four times as much as Inishowen ‘that you gave my Lord Deputy of Ireland.’ ... The Irish never readily answered your Majesty’s laws till they were disarmed, compelled to eat their own meat, and live by their own labours.’ The Highlanders were fine men, and might easily be made soldiers if placed under proper government, their present rule being ‘yet more barbarous than the rudest that ever I saw in Ireland.’[131]

The last struggle of the Macdonalds to drive the Campbells from Isla and Cantire had some connection with the movements of the discontented in Ulster, but these intrigues are very obscure, and perhaps scarcely worth unravelling. Sir James Macdonald escaped from Edinburgh in May 1615, and by the end of the year was a fugitive in Spain, his flight having been facilitated by Jesuits in or about Galway. After evacuating Dunyveg, Coll Keitach wandered from island to island, and penetrated in Ireland as far as Lough Neagh, whence he returned to Ballycastle Bay, with Sir Randal’s nephew Sorley and with other Macdonnells and O’Cahans. At first he merely intended to hide from the Scotch Government in Isla and Cantire, but after conference with his Irish friends he took to piracy, in which Sorley MacJames was his active abettor. In the meantime the Irish Government detected a conspiracy which had been brewing for two years among the landless men unprovided for in the settlement, who were always a source of danger. Alexander Macdonnell, Sir Randal’s nephew, was to head the insurrection, with his brother Sorley, and an illegitimate cousin named Lother or Ludar. In their case the grievance was that Sir Randal had obtained too much and his kinsmen too little, but there were plenty of O’Neills, O’Donnells, O’Cahans and others who were ready to join, and some of them for the sake of religion as well as for land. Cormac Maguire, acting as a sheriff’s officer in Fermanagh, was charged by a friar named Edmund Mullarkey to join Brian Crossagh and Art Oge O’Neill, who were among the chief conspirators. ‘And though thou shouldst die in this service,’ he added, ‘thy soul shall be sure to go to heaven; and as many men as shall be killed in this service all their souls shall go to heaven. All those that were killed in O’Dogherty’s war are in heaven.’ The friars great object was to get possession of Tyrone’s illegitimate son Con, a boy of fourteen, who was in Sir Toby Caulfield’s charge. The eyes of the Irish being upon him, he was sent to Eton for safety, and in 1622 to the Tower, where he may have died, for nothing more appears to be recorded of him.[132]

One of the ringleaders, and perhaps the originator of this hopeless plot, was Rory Oge O’Cahan, Sir Donnell’s eldest son, who hated Sir Thomas Phillips for apprehending his father and hoped to win Limavady from him. A witness swore that he had seen a written plan signed by all the conspirators, and that the undertaking was to this effect: that first they were to attack Coleraine, where Rory Oge and others would be drinking all day, and that he by a friend could ‘command the guard to betray the town, as by letting them in, and that then, being in, they would burn the town and only take Mr. Beresford and Mr. Rowley prisoners, and to burn and kill all the rest, and to take the spoil of the town, and so if they were able to put all the Derry to death by fire and sword.’ Lifford, where Sir Richard Hansard alone was to be saved, would come next, a like fate being intended for Massereene, Carrickfergus, Mountjoy and all other English settlements. They proposed to hold the three gentlemen as hostages for the restoration of Neil Garv and his son, of O’Cahan, and of Sir Cormac MacBaron. Help was to be expected from Spain and the Hebrides, until which they could hold out and ‘not do as O’Dogherty did.’ Rory O’Cahan drank freely and bragged of his intentions, and the whole affair is important mainly as showing that the Ulster Irish were anxious to do then what they actually did do in 1641, and what Carew foretold they would do much sooner. The evidence of informers is never satisfactory, but in this case there is a mass of evidence which cannot be resisted. Winwood’s correspondents Blundell and Jacob made light of the plot, and they may have known that the secretary thought Chichester had been viceroy long enough. Six or seven of those implicated were executed, including the friar Mullarkey and a priest named Laughlin O’Laverty, with Rory O’Cahan and Brian Crossagh O’Neill, who was an illegitimate son of Sir Cormac MacBaron; Alexander MacDonnell was acquitted.[133]