A Popular History of Ireland Part 26

There remained now few barriers to the wholesale confiscation of Ulster, so long sought by "the Undertakers,"

and these were rapidly removed. Sir Cahir O'Doherty, chief of Innishowen, although he had earned his Knighthood while a mere lad, fighting by the side of Dowcra, in an altercation with Sir George Paulett, Governor of Derry, was taunted with conniving at the escape of the Earls, and Paulett in his pa.s.sion struck him in the face. The youthful chief--he was scarcely one and twenty--was driven almost to madness by this outrage. On the night of the 3rd of May, by a successful stratagem, he got possession of Culmore fort, at the month of Lough Foyle, and before morning dawned had surprised Derry; Paulett, his insulter, he slew with his own hand, most of the garrison were slaughtered, and the town reduced to ashes. Nial _Garve_ O'Donnell, who had been cast off by his old protectors, was charged with sending him supplies and men, and for three months he kept the field, hoping that every gale might bring him a.s.sistance from abroad. But those same summer months and foreign climes had already proved fatal to many of the exiles, whose co-operation he invoked. In July, Rory O'Donnell expired at Rome, in August, Maguire died at Genoa, on his way to Spain, and in September, Caffar O'Donnell was laid in the same grave with his brother, on St. Peter's hill. O'Neil survived his comrades, as he had done his fortunes, and like another Belisarius, blind and old, and a pensioner on the bounty of strangers, he lived on, eight weary years, in Rome. O'Doherty, enclosed in his native peninsula, between the forces of the Marshal Wingfield and Sir Oliver Lambert, Governor of Connaught, fell by a chance shot, at the rock of Doon, in Kilmacrenan. The superfluous traitor, Nial Garve, was, with his sons, sent to London, and imprisoned in the Tower for life. In those dungeons, Cormac, brother of Hugh O'Neil, and O'Cane also languished out their days, victims to the careless or vindictive temper of King James. Sir Arthur Chichester received, soon after these events, a grant of the entire barony of Innishowen, and subsequently a grant of the borough of Dungannon, with 1,300 acres adjoining; Wingfield obtained the district of Fercullan near Dublin, with the t.i.tle of Viscount Powerscourt; Lambert was soon after made Earl of Cavan, and enriched with the lands of Carig, and other estates in that county.

To justify at once the measures he proposed, as well as to divert from the exiles the sympathies of Europe, King James issued a proclamation bearing date the 5th of November, 1608, giving to the world the English version of the flight of the Earls. The whole of Ulster was then surveyed in a cursory manner by a staff over which presided Sir William Parsons as Surveyor-General. The surveys being completed early in 1609, a royal commission was issued to Chichester, Lambert, St. John, Ridgeway, Moore, Davis, and Parsons, with the Archbishop of Armagh, and the Bishop of Derry, to inquire into the portions forfeited.

Before these Commissioners Juries were sworn on each particular case, and these Juries duly found that, in consequence of "the rebellion" of O'Neil, O'Donnell, and O'Doherty, the entire six counties of Ulster, enumerated by baronies and parishes, were forfeited to the Crown.

By direction from England the Irish Privy Council submitted a scheme for planting these counties "with colonies of civil men well affected in religion," which scheme, with several modifications suggested by the English Privy Council, was finally promulgated by the royal legislator under the t.i.tle of "Orders and Conditions for the Planters."

According to the division thus ordered, upwards of 43,000 acres were claimed and conceded to the Primate and the Protestant Bishops of Ulster; in Tyrone, Derry, and Armagh, Trinity College got 30,000 acres, with six advowsons in each county. The various trading guilds of the city of London--such as the drapers, vintners, cordwainers, drysalters--obtained in the gross 209,800 acres, including the city of Derry, which they rebuilt and fortified, adding _London_ to its ancient name. The grants to individuals were divided into three cla.s.ses-- 2,000, 1,500, and 1,000 acres each. Among the conditions on which these grants were given was this--"that they should not suffer any labourer, that would not take the oath of supremacy," to dwell upon their lands. But this despotic condition--equivalent to sentence of death on tens of thousands of the native peasantry--was fortunately found impracticable in the execution. Land was little worth without hands to till it; labourers enough could not be obtained from England and Scotland, and the Hamiltons, Stewarts, Folliots, Chichesters, and Lamberts, having, from sheer necessity, to choose between Irish cultivators and letting their new estates lie waste and unprofitable, it is needless to say what choice they made.

The spirit of religious persecution was exhibited not only in the means taken to exterminate the peasantry, to destroy the northern chiefs, and to intimidate the Catholics of "the Pale" by abuse of law, but by many cruel executions. The Prior of the famous retreat of Lough Derg was one of the victims of this persecution; a Priest named O'Loughrane, who had accidentally sailed in the same s.h.i.+p with the Earls to France, was taken prisoner on his return, hanged and quartered. Conor O'Devany, Bishop of Down and Conor, an octogenarian, suffered martyrdom with heroic constancy at Dublin, in 1611. Two years before, John, Lord Burke of Brittas, was executed in like manner on a charge of having partic.i.p.ated in the Catholic demonstrations which took place at Limerick on the accession of King James. The edict of 1610 in relation to Catholic children educated abroad has been quoted in a previous chapter, _apropos_ of education, but the scheme submitted by Knox, Bishop of Raphoe, to Chichester in 1611 went even beyond that edict. In this project it was proposed that whoever should be found to harbour a Priest should forfeit all his possessions to the Crown--that quarterly returns should be made out by counties of all who refused to take the oath of supremacy, or to attend the English Church service--that no Papist should be permitted to exercise the function of a schoolmaster; and, moreover, that all churches injured during the late war should be repaired at the expense of the Papist inhabitants for the use of the Anglican congregation.

Very unexpectedly to the nation at large, after a lapse of 27 years, during which no Parliament had been held, writs were issued for the attendance of both Houses, at Dublin, on the 18th of May, 1613. The work of confiscation and plantation had gone on for several years without the sanction of the legislature, and men were at a loss to conceive for what purpose elections were now ordered, unless to invent new penal laws, or to impose fresh burdens on the country. With all the efforts which had been made to introduce civil men, well affected in religion, it was certain that the Catholics would return a large majority of the House of Commons, not only in the chief towns, but from the fifteen old, and seventeen new counties, lately created. To counterbalance this majority, over forty boroughs, returning two members each, were created, by royal charter, in places thinly or not at all inhabited, or where towns were merely projected on the estates of leading "Undertakers." Against the issue of writs returnable by these fict.i.tious corporations, the Lords Gormanstown, Slane, Killeen, Trimbleston, Dunsany, and Howth, signed an humble remonstrance to the King, concluding with a prayer for the relaxation of the penal laws affecting religion. The King, whose notions of prerogative were extravagantly high, was highly incensed at this pet.i.tion of the Catholic peers of Leinster, and Chichester proceeded with his full approbation to pack the Parliament. At the elections, however, many "recusant lawyers" and other Catholic candidates were returned, so that when the day of meeting arrived, 101 Catholic representatives a.s.sembled at Dublin, some accompanied by bands of from 100 to 200 armed followers. The supporters of the government claimed 125 votes, and six were found to be absent, making the whole number of the House of Commons 232. The Upper House consisted of 50 Peers, of whom there were 25 Protestant Bishops, so that the Deputy was certain of a majority in that chamber, on all points of ecclesiastical legislation, at least. Although, with the facts before us, we cannot agree with Sir John Davis that King James I. gave Ireland her "first free Parliament," it is impossible not to entertain a high sense of admiration for the const.i.tutional firmness of the recusant or Catholic party in that a.s.sembly. At the very outset they successfully resisted the proposition to meet in the Castle, surrounded by the Deputy's guards, as a silent menace. They next contended that before proceeding to the election of Speaker the Council should submit to the Judges the decision of the alleged invalid elections. A tumultous and protracted debate was had on this point. The Castle party argued that they should first elect a Speaker and then proceed to try the elections; the Catholics contended that there were persons present whose votes would determine the Speakers.h.i.+p, but who had no more t.i.tle in law than the horseboys at the door. This was the preliminary trial of strength. The candidate of the Castle for the Speakers.h.i.+p was Sir John Davis; of the Catholics, Sir John Everard, who had resigned his seat on the bench rather than take the oath of supremacy framed by Archbishop Abbott. The Castle party having gone into the lobby to be counted, the Catholics placed Sir John Everard in the Chair. On their return the government supporters placed Sir John Davis in Everard's lap, and a scene of violent disorder ensued. The House broke up in confusion; the recusants in a body declared their intention not to be present at its deliberations, and the Lord Deputy, finding them resolute, suddenly prorogued the session. Both parties sent deputies to England to lay their complaints at the foot of the throne. The Catholic spokesmen, Talbot and Lutrell, were received with a storm of reproaches, and committed, the former to the Tower, the other to the Fleet Prison. They were, however, released after a brief confinement, and a Commission was issued to inquire into the alleged electoral frauds. By the advice of Everard and others of their leaders, a compromise was effected with the Castle party; members returned for boroughs incorporated after the writs were issued were declared excluded, the contestation of seats on other grounds of irregularity were withdrawn, and the House accordingly proceeded to the business for which they were called together. The chief acts of the sessions of 1614, '15, and '16, beside the grant of four entire subsidies to the Crown, were an act joyfully recognizing the King's t.i.tle; acts repealing statutes of Elizabeth and Henry VIII., as to distinctions of race; an act repealing the 3 and 4 of Philip and Mary, against "bringing Scots into Ireland,"

and the acts of attainder against O'Neil, O'Donnell, and O'Doherty. The recusant minority have been heavily censured by our recent historians for consenting to these attainders.

Though the censure may be in part deserved, it is, nevertheless, clear that they had not the power to prevent their pa.s.sage, even if they had been unanimous in their opposition; but they had influence enough, fortunately, to oblige the government to withdraw a sweeping penal law which it was intended to propose. An Act of oblivion and amnesty was also pa.s.sed, which was of some advantage. On the whole, both for the const.i.tutional principles which they upheld, and the religious proscription which they resisted, the recusant minority in the Irish Parliament of James I. deserve to be held in honour by all who value religious and civil liberty.

CHAPTER II.

LAST YEARS OF JAMES--CONFISCATION OF THE MIDLAND COUNTIES--ACCESSION OF CHARLES I.--GRIEVANCES AND "GRACES"--ADMINISTRATION OF LORD STRAFFORD.

From the dissolution of James's only Irish Parliament in October, 1615, until the tenth of Charles I.--an interval of twenty years--the government of the country was again exclusively regulated by arbitrary proclamations and orders in Council. Chichester, after the unusually long term of eleven years, had leave to retire in 1816; he was succeeded by the Lord Grandison, who held the office of Lord Deputy for six years, and he, in turn, by Henry Carey, Viscount Falkland, who governed from 1622 till 1629--seven years. Nothing could well be more fluctuating than the policy pursued at different periods by these Viceroys and their advisers; violent attempts at coercion alternated with the meanest devices to extort money from the oppressed; general declarations against recusants were repeated with increased vehemence, while particular treaties for a local and conditional toleration were notoriously progressing; in a word, the administration of affairs exhibited all the worst vices and weaknesses of a despotism, without any of the steadiness or magnanimity of a really paternal government. Some of the edicts issued deserve particular notice, as characterizing the administrations of Grandison and Falkland.

The munic.i.p.al authorities of Waterford, having invariably refused to take the oath of supremacy, were, by an order in Council, deprived of their ancient charter, which was withheld from them for nine years. The ten s.h.i.+lling tax on recusants for non-attendance at the Anglican service was rigorously enforced in other cities, and was almost invariably levied with costs, which not seldom swelled the ten s.h.i.+llings to ten pounds. A new instrument of oppression was also, in Lord Grandison's time, invented--"the Commission for the Discovery of Defective t.i.tles." At the head of this Commission was placed Sir William Parsons, the Surveyor-General, who had come into the kingdom in a menial situation, and had, through a long half century of guile and cruelty, contributed as much to the destruction of its inhabitants, by the perversion of law, as any armed conqueror could have done by the edge of the sword. Ulster being already applotted, and Munster undergoing the manipulation of the new Earl of Cork, there remained as a field for the Parsons Commission only the Midland Counties and Connaught. Of these they made the most in the shortest s.p.a.ce of time.

A horde of clerkly spies were employed under the name of "Discoverers," to ransack old Irish tenures in the archives of Dublin and London, with such good success, that in a very short time 66,000 acres in Wicklow, and 385,000 acres in Leitrim, Longford, the Meaths, and King's and Queen's Counties, were "found by inquisition to be vested in the Crown." The means employed by the Commissioners, in some cases, to elicit such evidence as they required, were of the most revolting description. In the Wicklow case, courts-martial were held, before which unwilling witnesses were tried on the charge of treason, and some actually put to death. Archer, one of the number, had his flesh burned with red hot iron, and was placed on a gridiron over a charcoal fire, till he offered to testify anything that was necessary. Yet on evidence so obtained whole baronies and counties were declared forfeited to the Crown.

The recusants, though suffering under every sort of injustice, and kept in a state of continual apprehension --a condition worse even than the actual horrors they endured--counted many educated and wealthy persons in their ranks, besides mustering fully ninety per cent, of the whole population. They were, therefore, far from being politically powerless. The recall of Lord Grandison from the government was attributed to their direct or indirect influence upon the King. When James Usher, then Bishop of Meath, preached before his successor from the text "He beareth not the sword in vain," they were sufficiently formidable to compel him publicly to apologise for his violent allusions to their body. Perhaps, however, we should mainly see in the comparative toleration, extended by Lord Falkland, an effect of the diplomacy then going on, for the marriage of Prince Charles to the Infanta of Spain. When, in 1623, Pope Gregory XV. granted a dispensation for this marriage, James solemnly swore to, a private article of the marriage treaty, by which he bound himself to suspend the execution of the Penal laws, to procure their repeal in Parliament, and to grant a toleration of Catholic wors.h.i.+p in private houses. But the Spanish match was unexpectedly broken off, immediately after his decease (June, 1625), whereupon Charles married Henrietta Maria, daughter of Henry IV. of France.

The new monarch inherited from his father three kingdoms heaving in the throes of disaffection and rebellion. In England the most formidable of the malcontents were the Puritans, who reckoned many of the first n.o.bility, and the ablest members of the House of Commons among their chiefs; the restoration of episcopacy, and the declaration by the subservient Parliament of Scotland, that no General a.s.sembly should be called without the King's sanction, had laid the sure foundations of a religious insurrection in the North; while the events, which we have already described, filled the minds of all orders of men in Ireland with agitation and alarm. The marriage of Charles with Henrietta Maria gave a ray of a.s.surance to the co-religionists of the young Queen, for they had not then discovered that it was ever the habit of the Stuarts "to sacrifice their friends to the fear of their enemies."

While he was yet celebrating his nuptials at Whitehall, surrounded by Catholic guests, the House of Commons presented Charles "a pious pet.i.tion," praying him to put into force the laws against recusants; a prayer which he was compelled by motives of policy to answer in the affirmative. The magistrates of England received orders accordingly, and when the King of France remonstrated against this flagrant breach of one of the articles of the marriage treaty (the same included in the terms of the Spanish match), Charles answered that he had never looked on the promised toleration as anything but an artifice to secure the Papal dispensation. But the King's compliance failed to satisfy the Puritan party in the House of Commons, and that same year began their contest with the Crown, which ended only on the scaffold before Whitehall in 1648. Of their twenty-three years' struggle, except in so far as it enters directly into our narrative, we shall have little to say, beyond reminding the reader, from time to time, that though it occasionally lulled down it was never wholly allayed on either side.

Irish affairs, in the long continued suspension of the functions of Parliament, were administered in general by the Privy Council, and in detail by three special courts, all established in defiance of ancient const.i.tutional usage. These were the Court of Castle Chamber, modelled on the English Star Chamber, and the Ecclesiastical High Commissioners Court, both dating from 1563; and the Court of Wards and Liveries, originally founded by Henry VIII., but lately remodelled by James. The Castle Chamber was composed of certain selected members of the Privy Council acting in secret with absolute power; the High Commission Court was const.i.tuted under James and Charles, of the princ.i.p.al Archbishops and Bishops, with the Lord Deputy, Chancellor, Chief Justice, Master of the Rolls, Master of the Wards, and some others, laymen and jurists. They were armed with unlimited power "to visit, reform, redress, order, correct and amend, all such errors, heresies, schisms, abuses, offences, contempts and enormities," as came under the head of spiritual or ecclesiastical jurisdiction. They were, in effect, the Castle Chamber, acting as a spiritual tribunal of last resort; and were provided with their own officers, Registers and Receivers of Fines, Pursuivants, Criers and Gaolers. The Court of Wards exercised a jurisdiction, if possible, more repugnant to our first notions of liberty than that of the High Commission Court. It retained its original power "to bargain and sell the custody, wards.h.i.+p and marriage," of all the heirs of such persons of condition as died in the King's homage; but their powers, by royal letters patent of the year 1617, were to be exercised by a Master of Wards, with an Attorney and Surveyor, all nominated by the Crown. The Court was ent.i.tled to farm all the property of its Wards during nonage, for the benefit of the Crown, "taking one year's rent from heirs male, and two from heirs female," for charges of stewards.h.i.+p. The first master, Sir William Parsons, was appointed in 1622, and confirmed at the beginning of the next reign, with a salary of 300 pounds per annum, and the right to rank next to the Chief Justice of the King's Bench at the Privy Council. By this appointment the minor heirs of all the Catholic proprietors were placed, both as to person and property, at the absolute disposal of one of the most intense anti-Catholic bigots that ever appeared on the scene of Irish affairs.

In addition to these civil grievances an order had lately been issued to increase the army in Ireland by 5,000 men, and means of subsistence had to be found for that additional force, within the kingdom. In reply to the murmurs of the inhabitants, they were a.s.sured by Lord Falkland that the King was their friend, and that any just and temperate representation of their grievances would secure his careful and instant attention. So encouraged, the leading Catholics convoked a General a.s.sembly of their n.o.bility and gentry, "with several Protestants of rank," at Dublin, in the year 1628, in order to present a dutiful statement of their complaints to the King. The minutes of this important a.s.sembly, it is to be feared, are for ever lost to us. We only know that it included a large number of landed proprietors, of whom the Catholics were still a very numerous section. "The entire proceedings of this a.s.sembly," says Dr. Taylor, "were marked by wisdom and moderation. They drew up a number of articles, in the nature of a Bill of Rights, to which they humbly solicited the royal a.s.sent, and promised that, on their being granted, they would raise a voluntary a.s.sessment of 100,000 pounds for the use of the Crown. The princ.i.p.al articles in these 'graces,' as they were called, were provisions for the security of property, the due administration of justice, the prevention of military exactions, the freedom of trade, the better regulation of the clergy, and the restraining of the tyranny of the ecclesiastical courts. Finally, they provided that the Scots, who had been planted in Ulster, should be seemed in their possessions, and a general pardon granted for all offences." Agents were chosen to repair to England with this pet.i.tion, and the a.s.sembly, hoping for the best results, adjourned. But the ultra Protestant party had taken the alarm, and convoked a Synod at Dublin to counteract the General a.s.sembly. This Synod vehemently protested against selling truth "as a slave," and "establis.h.i.+ng for a price idolatry in its stead." They laid it down as a dogma of _their_ faith that "to grant Papists a toleration, or to consent that they may freely exercise their religion and profess their faith and doctrines, was a grievous sin;" wherefore they prayed G.o.d "to make those in authority zealous, resolute, and courageous against all Popery, superst.i.tion, and idolatry."

This declaration of the extreme Protestants, including not only Usher, and the princ.i.p.al Bishops, but Chichester, Boyle, Parsons, and the most successful "Undertakers,"

all deeply imbued with Puritan notions, naturally found among their English brethren advocates and defenders.

The King, who had lately, for the third time, renewed with France the articles of his marriage treaty, was placed in a most difficult position. He desired to save his own honour, he sorely needed the money of the Catholics, but he trembled before the compact, well organized fanaticism of the Puritans. In his distress he had recourse to a councillor, who, since the a.s.sa.s.sination of Buckingham, his first favourite, divided with Laud the royal confidence.

This was Thomas, Lord Wentworth, better known by his subsequent t.i.tle of Earl of Strafford, a statesman born to be the wonder and the bane of three kingdoms. Strafford (for such for clearness we must call him) boldly advised the King to grant "the graces" as his own personal act, to pocket the proposed subsidy, but to contrive that the promised concessions he was to make should never go into effect. This infamous deception was effected in this wise: the King signed, with his own hand, a schedule of fifty-one "graces," and received from the Irish agents in London bonds for 120,000 pounds, (equal to ten times the amount at present), to be paid in three annual instalments of 40,000 pounds. He also agreed that Parliament should be immediately called in Ireland, to confirm these concessions, while at the same time he secretly instructed Lord Falkland to see that the writs of election were informally prepared, so that no Parliament could be held.

This was accordingly done; the agents of the General a.s.sembly paid their first instalment; the subscribers held the King's autograph; the writs were issued, but on being returned, were found to be technically incorrect, and so the legal confirmation of the graces was indefinitely postponed, under one pretext or another. As evidence of the national demands at this period, we should add, that beside the redress of minor grievances, the articles signed by the King provided that the recusants should be allowed to practise in the courts of law; to sue the livery of their lands out of the Court of Wards, on taking an oath of civil allegiance in lieu of the oath of supremacy; that the claims of the Crown to the forfeiture of estates, under the plea of defects of t.i.tle, should not be held to extend beyond sixty years anterior to 1628; that the "Undertakers" should have time allowed them to fulfil the conditions of their leases; that the proprietors of Connaught should be allowed to make a new enrollment of their estates, and that a Parliament should be held. A royal proclamation announced these concessions, as existing in the royal intention, but, as we have already related, such promises proved to be worth no more than the paper on which they were written.

In 1629 Lord Falkland, to disarm the Puritan outcry against him, had leave to withdraw, and for four years --an unusually long interregnum--the government was left in the hands of Robert Boyle, now Earl of Cork, and Adam Loftus, Viscount Ely, one of the well dowered offspring of Queen Elizabeth's Archbishop of Dublin. Ely held the office of Lord Chancellor, and Cork that of Lord High Treasurer; as Justices, they now combined in their own persons almost all the power and patronage of the kingdom.

Both affected a Puritan austerity and enthusiasm, which barely cloaked a rapacity and bigotry unequalled in any former administration. In Dublin, on Saint Stephen's Day, 1629, the Protestant Archbishop, Bulkley, and the Mayor of the city, entered the Carmelite Chapel, at the head of a file of soldiers, dispersed the congregation, desecrated the altar, and arrested the officiating friars.

The persecution was then taken up and repeated wherever the executive power was strong enough to defy the popular indignation. A Catholic seminary lately established in the capital was confiscated, and turned over to Trinity College as a training school. Fifteen religious houses, chiefly belonging to the Franciscan Order, which had hitherto escaped from the remoteness of their situation, were, by an order of the English Council, confiscated to the Crown, and their novices compelled to emigrate in order to complete their studies abroad. A reprimand from the King somewhat stayed the fury of the Justices, whose supreme power ended with Stafford's appointment in 1633.

The advent of Stafford was characteristic of his whole course. The King sent over another letter concerning recusants, declaring that the laws against them, at the suggestion of the Lords Justices, should be put strictly in force. The Justices proved unwilling to enter this letter on the Council book, and it was accordingly withheld till Stafford's arrival, but the threat had the desired effect of drawing "a voluntary contribution" of 20,000 pounds out of the alarmed Catholics. Equipped partly with this money Stafford arrived in Dublin in July, 1633, and entered at once on the policy, which he himself designated by the one emphatic word--"THOROUGH." He took up his abode in the Castle, surrounded by a Body Guard, a force hitherto unknown at the Irish Court; he summoned only a select number of the Privy Council, and, having kept them waiting for hours, condescended to address them in a speech full of arrogance and menace. He declared his intention of maintaining and augmenting the army; advised them to amend their grants forthwith; told them frankly he had called them to Council, more out of courtesy than necessity, and ended by requiring from them a year's subsidy in advance. As this last request was accompanied by a positive promise to obtain the King's consent to the a.s.sembling of Parliament, it was at once granted; and soon after writs were issued for the meeting of both Houses in July following.

When this long-prayed-for Parliament at last met, the Lord Deputy took good care that it should be little else than a tribunal to register his edicts. A great many officers of the army had been chosen as Burgesses, while the Sheriffs of counties were employed to secure the election of members favourable to the demands of the Crown. In the Parliament of 1613 the recusants were, admitting all the returns to be correct, nearly one-half; but in that of 1634 they could not have exceeded one-third.

The Lord Deputy nominated their Speaker, whom they did not dare to reject, and treated them invariably with the supreme contempt which no one knows so well how to exhibit towards a popular a.s.sembly as an apostate liberal.

"Surely," he said in his speech from the throne, "so great a meanness cannot enter your hearts, as once to suspect his Majesty's gracious regard of you, and performance with you, once you affix yourselves upon his grace." His object in this appeal was the sordid and commonplace one--to obtain more money without rendering value for it. He accordingly carried through four whole subsidies of 50,000 pounds sterling each in the session of 1634; and two additional subsidies of the same amount at the opening of the next session. The Parliament, having thus answered his purpose, was summarily dissolved in April, 1635, and for four years more no other was called.

During both sessions he had contrived, according to his agreement with the King, to postpone indefinitely the act which was to have confirmed "the graces," guaranteed in 1628. He even contrived to get a report of a Committee of the House of Commons, and the opinions of some of the Judges, against legislating on the subject at all, which report gave King Charles "a great deal of contentment."

With sufficient funds in hand for the ordinary expenses of the government, Strafford applied himself earnestly to the self-elected task of making his royal master "as absolute as any King in Christendom" on the Irish side of the channel. The plantation of Connaught, delayed by the late King's death, and abandoned among the new King's graces, was resumed as a main engine of obtaining more money. The proprietary of that Province had, in the thirteenth year of the late reign, paid 3,000 pounds into the Record Office at Dublin, for the registration of their deeds, but the entries not being made by the clerk employed, the t.i.tle to every estate in the five western counties was now called in question. The "Commissioners to Inquire into Defective t.i.tles" were let loose upon the devoted Province, with Sir William Parsons at their head, and the King's t.i.tle to the whole of Mayo, Sligo and Roscommon, was found by packed, bribed, or intimidated juries; the grand jury of Galway having refused to find a similar verdict, were summoned to the Court of Castle Chamber, sentenced to pay a fine of 4,000 pounds each to the Crown, and the Sheriff that empanelled them, a fine of 1,000 pounds. The lawyers who pleaded for the actual proprietors were stripped of their gowns, the sheriff died in prison, and the work of spoliation proceeded.

The young Earl of Ormond was glad to compound for a portion of his estates; the Earl of Kildare was committed to prison for refusing a similar composition; the Earl of Cork was compelled to pay a heavy fine for his intrusion into lands originally granted to the Church; the O'Byrnes of Wicklow commuted for 15,000 pounds, and the London Companies, for their Derry estates, paid no less than 70,000 pounds: a forced contribution for which those frugal citizens never forgave the thorough-going Deputy. By these means, and others less violent, such as bounties to the linen trade, he raised the annual revenue of the kingdom to 80,000 pounds a year, and was enabled to embody for the King's service an army of 10,000 foot and 1,000 horse.

These arbitrary measures were entirely in consonance with the wishes of Charles. In a visit to England in 1636, the King a.s.sured Strafford personally of his cordial approbation of all he had done, encouraged him to proceed fearlessly in the same course, and conferred on him the higher rank of Lord Lieutenant. Three years later, on the first rumour of a Scottish invasion of England, Strafford was enabled to remit his master 30,000 pounds from the Irish Treasury, and to tender the services of the Anglo-Irish army, as he thought they could be safely dispensed with by the country in which they had been thus far recruited and maintained.

CHAPTER III.

LORD STRAFFORD'S IMPEACHMENT AND EXECUTION--PARLIAMENT OF 1639-'41--THE INSURRECTION OF 1641--THE IRISH ABROAD.

The tragic end of the despot, whose administration we have sketched, was now rapidly approaching. When he deserted the popular ranks in the English House of Commons for a Peerage and the government of Ireland, the fearless Pym prophetically remarked, "Though you have left us, I will not leave you while your head is on your shoulders."

Yet, although conscious of having left able and vigilant enemies behind him in England, Strafford proceeded in his Irish administration as if he scorned to conciliate the feelings or interests of any order of men. By the highest n.o.bility, as well as the humblest of the mechanic cla.s.s, his will was to be received as law; so that neither in Church, nor in State, might any man express even the most guarded doubt as to its infallibility. Lord Mountnorris, for example, having dropped a casual, and altogether innocent remark at the Chancellor's table on the private habits of the Deputy, was brought to trial by court martial on a charge of mutiny, and sentenced to military execution. Though he was not actually put to death, he underwent a long and rigorous imprisonment, and at length was liberated without apology or satisfaction.

If they were not so fully authenticated, the particulars of this outrageous case would hardly be credible.

The examples of resistance to arbitrary power, which for some years had been shown by both England and Scotland, were not thrown away upon the still worse used Irish.

During the seven years of Strafford's iron rule, Hampden had resisted the collection of s.h.i.+p money, Cromwell had begun to figure in the House of Commons, the Solemn League and Covenant was established in Scotland, and the Scots had twice entered England in arms to seal with their blood, if need were, their opposition to an episcopal establishment of religion. It was in 1640, upon the occasion of their second invasion, that Strafford was recalled from Ireland to a.s.sume command of the royal forces in the North of England. After a single indecisive campaign, the King entertained the overtures of the Covenanters, and the memorable Long Parliament having met in November, one of its first acts was the impeachment of Strafford for high crimes and misdemeanors. The chief articles against him related to his administration of Irish affairs, and were sustained by delegates from the Irish House of Commons, sent over for that purpose: the whole of the trial deserves to be closely examined by every one interested in the const.i.tutional history of England and Ireland.

A third Parliament, known as the 14th, 15th and 16th Charles I., met at Dublin on the 20th March, 1639, was prorogued till June, and adjourned till October. Yielding the point so successfully resisted in 1613, its sittings were held in the Castle, surrounded by the viceregal guard. With one exception, the acts pa.s.sed in its first session were of little importance, relating only to the allotment of glebe lands and the payment of twentieths.

The exception, which followed the voting of four entire subsidies to the King, was an Act ordaining "that this Parliament shall not determine by his Majesty's a.s.sent to this and other Bills." A similar statute had been pa.s.sed in 1635, but was wholly disregarded by Strafford, who no doubt meant to take precisely the same course in the present instance. The members of this a.s.sembly have been severely condemned by modern writers for pa.s.sing a high eulogium upon Strafford in their first session and reversing it after his fall. But this censure is not well founded. The eulogium was introduced by the Castle party in the Lords, as part of the preamble to the Supply Bill, which, on being returned to the Commons, could only be rejected _in toto_, not amended--a proceeding in the last degree revolutionary. But those who dissented from that ingenious device, at the next session of the House, took care to have their protest entered on the journals and a copy of it despatched to the King. This second proceeding took place in February, 1640, and as the Lord Lieutenant was not arraigned till the month of November following, the usual denunciations of the Irish members are altogether undeserved. At no period of his fortune was the Earl more formidable as an enemy than at the very moment the Protest against "his manner of government" was ordered "to be entered among the Ordinances" of the Commons of Ireland.

Nor did this Parliament confine itself to mere protestations against the abuses of executive power. At the very opening of the second session, on the 20th of January, they appointed a committee to wait on the King in England, with instructions to solicit a bill in explanation of Poyning's law, another enabling them to originate bills in Committee of their own House, a right taken away by that law, and to ask the King's consent to the regulation of the courts of law, the collecting of the revenue, and the quartering of soldiers by statute instead of by Orders in Council. On the 16th of February the House submitted a set of queries to the Judges, the nature of which may be inferred from the first question, viz.: "Whether the subjects of this Kingdom be a free people, and to be governed only by the common law of England, and statutes pa.s.sed in this Kingdom ?" When the answers received were deemed insufficient, the House itself, turning the queries into the form of resolutions, proceeded to vote on them, one by one, affirming in every point the rights, the liberties, and the privileges of their const.i.tuents.

The impeachment and attainder of Strafford occupied the great part of March and April, 1641, and throughout those months the delegates from Ireland a.s.sisted at the pleadings in Westminster Hall and the debates in the English Parliament. The Houses at Dublin were themselves occupied in a similar manner. Towards the end of February articles of impeachment were drawn up against the Lord Chancellor, Bolton, Dr. Bramhall, Bishop of Derry, Chief-Justice Lowther, and Sir George Radcliffe, for conspiring with Strafford to subvert the const.i.tution, and laws, and to introduce an arbitrary and tyrannical government. In March, the King's letter for the continuance of Parliament was laid before the Commons, and on the 3rd of April, his further letter, declaring that all his Majesty's subjects of Ireland "shall, from henceforth, enjoy the benefit of the said graces [of 1628] according to the true intent thereof." By the end of May the Judges, not under impeachment, sent in their answers to the Queries of the Commons, which answers were voted insufficient, and Mr. Patrick Darcy, Member for Navan, was appointed to serve as Proculator at a Conference with the Lords, held on the 9th of June, "in the dining-room of the Castle," in order to set forth the insufficiency of such replies. The learned and elaborate argument of Darcy was ordered to be printed by the House; and on the 26th day of July, previous to their prorogation, they resolved unanimously, that the subjects of Ireland "were a free people, to be governed only by the common law of England, and statutes made and established in the kingdom of Ireland, and according to the lawful custom used in the same." This was the last act of this memorable session; the great northern insurrection in October having, of course, prevented subsequent sessions from being held.

Const.i.tutional agitators in modern times have been apt to select their examples of a wise and patriotic parliamentary conduct from the opposition to the Act of Union and the famous struggles of the last century; but whoever has looked into such records as remain to us of the 15th and 16th of Charles First, and the debates on the impeachment of Lord Chancellor Bolton, will, in my opinion, be prepared to admit, that at no period whatever was const.i.tutional law more ably expounded in Ireland than in the sessions of 1640 and 1641; and that not only the principles of Swift and of Molyneux had a triumph in 1782, but the older doctrines also of Sir Ralph Kelly, Audley Mervin, and Patrick Darcy.

Strafford's Deputy, Sir Christopher Wandesford, having died before the close of 1640, the King appointed Robert, Lord Dillon, a liberal Protestant, and Sir William Parsons, Lords Justices. But the pressure of Puritan influence in England compelled him in a short time to remove Dillon and subst.i.tute Sir John Borlace, Master of the Ordnance --a mere soldier--in point of fanaticism a fitting colleague for Parsons. The prorogation of Parliament soon gave these administrators opportunities to exhibit the spirit in which they proposed to carry on the government.

When at a public entertainment in the capital, Parsons openly declared that in twelve months more no Catholics should be seen in Ireland, it was naturally inferred that the Lord Justice spoke not merely for himself but for the growing party of the English Puritans and Scottish Covenanters. The latter had repeatedly avowed that they never would lay down their arms until they had wrought the extirpation of Popery, and Mr. Pym, the Puritan leader in England, had openly declared that his party intended not to leave a priest in Ireland. The infatuation of the unfortunate Charles in entrusting at such a moment the supreme power, civil and military, to two of the devoted partizans of his deadliest enemies, could not fail to arouse the fears of all who felt themselves obnoxious to the fanatical party, either by race or by religion.

The aspirations of the chief men among the old Irish for entire freedom of wors.h.i.+p, their hopes of recovering at least a portion of their estates, the example of the Scots, who had successfully upheld both their Church and nation against all attempts at English supremacy, the dangers that pressed, and the fears that overhung them, drove many of the very first abilities and n.o.blest characters into the conspiracy which exploded with such terrific energy on the 23rd of October, 1641. The project, though matured on Irish soil, was first conceived among the exiled Catholics, who were to be found at that day in all the schools and camps of Spain, Italy, France and the Netherlands. Philip III. had an Irish legion, under the command of Henry O'Neil, son of Tyrone, which, after his death was transferred to his brother John. In this legion, Owen Roe O'Neil, nephew of Tyrone, learned the art of war, and rose to the rank of Lieutenant-Colonel.

The number of Irish serving abroad had steadily increased after 1628, when a license of enlistment was granted by King James. An English emissary, evidently well-informed, was enabled to report, about the year 1630, that there were in the service of the Archd.u.c.h.ess Isabella, in the Spanish Netherlands alone, "100 Irish officers able to command companies, and 20 fit to be colonels." The names of many others are given as men of noted courage, good engineers, and "well-beloved" captains, both Milesians and Anglo-Irish, residing at Lisbon, Florence, Milan and Naples. The emissary adds that they had long been providing arms for an attempt upon Ireland, "and had in readiness 5,000 or 6,000 arms laid up in Antwerp for that purpose, _bought out of the deduction of their monthly pay_." After the death of the Archd.u.c.h.ess, in 1633, an attempt was made by the Franco-Dutch, under Prince Maurice and Marshal Chatillon, to separate the Belgian Provinces from Spain. In the sanguinary battle at Avien victory declared for the French, and on their junction with Prince Maurice, town after town surrendered to their arms. The first successful stand against them was made at Louvain, defended by 4,000 Belgians, Walloons, Spaniards and Irish; the Irish, 1,000 strong, under the command of Colonel Preston, of the Gormanstown family, greatly distinguished themselves. The siege was raised on the 4th of July, 1635, and Belgium was saved for that time to Philip IV.

At the capture of Breda, in 1637, the Irish were again honourably conspicuous, and yet more so in the successful defence of Arras, the capital of Artois, three years later. Not yet strengthened by the citadel of Vauban, this ancient Burgundian city, famous for its cathedral and its manufactures, dear to the Spaniards as one of the conquests of Charles V., was a vital point in the campaign of 1640. Besieged by the French, under Marshal Millerie, it held out for several weeks under the command of Colonel Owen Roe O'Neil. The King of France lying at Amiens, within convenient distance, took care that the besiegers wanted for nothing; while the Prince-Cardinal, Ferdinand, the successor of the Archd.u.c.h.ess in the government, marched to its relief at the head of his main force with the Imperialists, under Launboy, and the troops of the Duke of Lorrain, commanded by that Prince in person. In an attack on the French lines the Allies were beaten off with loss, and the brave commander was left again unsuccoured in the face of his powerful a.s.sailant.

Subsequently Don Philip de Silva, General of the Horse to the Prince Cardinal, was despatched to its relief, but failed to effect anything; a failure for which he was court-martialed, but acquitted. The defenders, after exhausting every resource, finally surrendered the place on honourable terms, and marched out covered with glory.

These stirring events, chronicled in prose and verse at home, rekindled the martial ardour which had slumbered since the disastrous day of Kinsale.

In the ecclesiastics who shared their banishment, the military exiles had a voluntary diplomatic _corps_ who lost no opportunity of advancing the common cause. At Rome, their chief agent was Father Luke Wadding, founder of Saint Isidore's, one of the most eminent theologians and scholars of his age. Through the friends.h.i.+p of Gregory XV. and Urban VIII., many Catholic princes became deeply interested in the religious wars which the Irish of the previous ages had so bravely waged, and which their descendants were now so anxious to renew. Cardinal Richelieu--who wielded a power greater than that of Kings--had favourably entertained a project of invasion submitted to him by the son of Hugh O'Neil, a chief who, while living, was naturally regarded by the exiles as their future leader.

To prepare the country for such an invasion (if the return of men to their own country can be called by that name), it was necessary to find an agent with talents for organization, and an undoubted t.i.tle to credibility and confidence. This agent was fortunately found in the person of Rory or Roger O'Moore, the representative of the ancient chiefs of Leix, who had grown up at the Spanish Court as the friend and companion of the O'Neils. O'Moore was then in the prime of life, of handsome person, and most seductive manners; his knowledge of character was profound; his zeal for the Catholic cause, intense; his personal probity, honour, and courage, undoubted. The precise date of O'Moore's arrival in Ireland is not given in any of the cotemporary accounts, but he seems to have been resident in the country some time previous to his appearance in public life, as he is familiarly spoken of by his English cotemporaries as "Mr. Roger Moore of Ballynagh." During the Parliamentary session of 1640, he took lodgings in Dublin, where he succeeded in enlisting in his plans Conor Maguire, Lord Enniskillen, Philip O'Reilly, one of the members for the county of Cavan, Costelloe McMahon, and Thorlogh O'Neil, all persons of great influence in Ulster. During the ensuing a.s.sizes in the Northern Province he visited several country towns, where in the crowd of suitors and defendants he could, without attracting special notice, meet and converse with those he desired to gain over. On this tour he received the important accession of Sir Phelim O'Neil of Kinnaird, in Tyrone, Sir Con Magennis of Down, Colonel Hugh McMahon of Monaghan, and Dr. Heber McMahon, Administrator of Clogher. Sir Phelim O'Neil, the most considerable man of his name tolerated in Ulster, was looked upon as the greatest acquisition, and at his castle of Kinnaird his a.s.sociates from the neighbouring counties, under a variety of pretexts, contrived frequently to meet. From Ulster, the indefatigable O'Moore carried the threads of the conspiracy into Connaught with equal success, finding both among the n.o.bility and clergy many adherents. In Leinster, among the Anglo-Irish, he experienced the greatest timidity and indifference, but an unforeseen circ.u.mstance threw into his hands a powerful lever, to move that province. This was the permission granted by the King to the native regiments, embodied by Strafford, to enter into the Spanish service, if they so desired.

His English Parliament made no demur to the arrangement, which would rid the island of some thousands of disciplined Catholics, but several of their officers, under the inspiration of O'Moore, kept their companies together, delaying their departure from month to month. Among these were Sir James Dillon, Colonel Plunkett, Colonel Byrne, and Captain Fox, who, with O'Moore, formed the first directing body of the Confederates in Leinster.

In May, 1641, Captain Neil O'Neil arrived from the Netherlands with an urgent request from John, Earl of Tyrone, to all his clansmen to prepare for a general insurrection. He also brought them the cheering news that Cardinal Richelieu--then at the summit of his greatness --had promised the exiles arms, money, and means of transport. He was sent back, almost immediately, with the reply of Sir Phelim, O'Moore and their friends, that they would be prepared to take the field a few days before or after the festival of All Hallows--the 1st of November.

The death of Earl John, the last surviving son of the ill.u.s.trious Tyrone, shortly afterwards, though it grieved the Confederates, wrought no change in their plans. In his cousin-germain, the distinguished defender of Arras, they reposed equal confidence, and their confidence could not have been more worthily bestowed.

CHAPTER IV.

THE INSURRECTION OF 1641.