Return of Ormonde
‘It was never seen,’ wrote Ormonde proudly, ‘that any traitor remained one night in camp in my country while I served in Ireland. I lament to hear of this wicked time. I would God I had 1,000 men at my landing in Waterford, to try my fortune among these caterpillars.’ At last he sailed, and was driven to Roslare in Wexford, where he landed. He wrote to ask Sidney, who was by this time at Cork, for an escort. His horses, he said, had all been taken, and he did not yet know whom to trust; but Sidney doubted this too powerful subject, and told him that he could easily go to Castlemartyr, Kilmallock, or Limerick without help. A fortnight was wasted at Waterford, no one joining the Earl but a few chance Wexford men, and he then made his way to Kilkenny, where his three brothers came to him. Sir Edmund at once asked after the Queen, and on being told that she was well, doffed his morion and thanked God. The other two followed suit. Sir Edmund recapitulated with much energy his charges against Carew and Sidney, took God to witness, and prayed he might be damned body and soul if ever he meant to rebel. He was ready to serve in France or anywhere in Ireland, so that he was not bound to come to my Lord Deputy’s presence, or to serve in his company. Ormonde tried to persuade him to go to Sidney, but he wept like a child, saying he would rather go to England unprotected than to Dublin on the best safe-conduct. He was ready to be tried by the Queen, but not by his declared enemy. At length the three Butlers surrendered to the Earl on safe-conduct, the further consideration of their case being reserved until the Lord Deputy’s pleasure should be known.[170 - Ormonde to Cecil, July 24 and Sept. 7; Words uttered, &c. Sept. 1; N. White to Cecil, Sept. 3.]
Sidney goes to the South. Position of Ormonde in Tipperary
Sidney left Dublin late in July with 600 men, Sir Barnaby Fitzpatrick, ‘the most sufficient man in counsel and action for the war that ever I found of that country birth,’ being left to guard the southern frontier of the Pale, while Fitzwilliam and Kildare held the O’Neills in check as best they might. After visiting and rebuking Kilkenny, the Lord Deputy entered Tipperary, the rebels burning their houses in front of him. His first intention was to go straight to Cork, where the citizens entertained the notion of giving Lady St. Leger up to Fitzmaurice, but hearing that a relieving force of 400 men had arrived by sea from England, he encamped near Clonmel, where he found the people good and loyal. Written challenges were thrown into the camp, promising that the rebels would fight him, and he sent for reinforcements to Waterford. The citizens answered that they had no spare men, and that besides they were exempted by their charter; but they had afterwards to pay a fine for their stiff-necked conduct. Proclamation of pardon had no effect, and the palatinate jurisdiction of the House of Ormonde was advanced by the principal gentlemen of Tipperary as a reason for not exerting themselves to restore order. ‘We are,’ they said, ‘of this county more ancient inhabiters and freeholders than any Butler is, and were the first conquerors of this soil from the Irishry… England gave us away to a Butler… We and our ancestors acknowledged him as our lord and captain, and indeed we know no other sovereign but him, whose lieutenant, Sir Edmund Butler, his brother and heir-apparent, is him we follow, and him we will follow and do as he commandeth us.’ Messengers to the chief rebels failed. They reported, not quite truly, perhaps, Sir Edmund Butler’s opinion that Leicester, Ormonde’s mortal foe, was about to marry the Queen and be King, and that Sidney was to be King of Ireland under him, ‘as might appear,’ the Lord Deputy said, ‘by bearing the ragged staff continually in my pensile before me, as indeed I did.’ ‘That blessed babe, Edward Butler,’ who had been Sidney’s page, professed great affection for his old master, and hoped that he would not go on to meet certain disaster. He had done all, he said, by Ormonde’s orders. Sir Theobald Butler of Cahir, who was always trying to assert his independence of Ormonde, was the only one of the family who voluntarily came to Sidney, by whom he was recommended for a peerage.[171 - George Wyse to Cecil, Oct. 29; Lord Deputy and Council to Cecil, Oct. 26; Sidney’s Brief Relation in Carew, 1583.]
Sidney persuades his men to advance
Negotiations having failed, Sidney’s drum beat to quarters, but the men showed a great disinclination to advance. He was a fluent and persuasive speaker, and he addressed the troops, serving out wine plentifully at the same time. By the time the speech and the wine were finished, the soldiers began to cry ‘Forward,’ and to declare that they would follow to the land’s end or die on the road. They demanded to be led out at once. ‘"Nay, fast, sirs," quoth I, "it is Sunday, and it is afternoon; we will go hear evening prayer, sup and rest; and you shall be called, I warrant you, betimes in the morning, and so, in the name of God, we will advance forwards." That evening and all the night there was nothing but singing, casting of bullets, drying of powder, filing of pike-heads, sharpening of swords, and everyone thinking himself good enough for five rebels.’
Sidney meets with little resistance. Fitzmaurice burns Kilmallock
Sidney marched next morning by Cahir into the White Knight’s country, and laid siege to a castle, which was perhaps Mitchelstown. The garrison said they held the place for God and James Fitzmaurice and the White Knight, and that they would yield to only one of them in person, or to St. Peter or St. Paul. Sidney had no artillery heavy enough to breach the main walls, but shattered the upper works, and ultimately won the courtyard and barbican by assault. The garrison retired into the vaulted chamber of the keep; but this also was assaulted, and they were pursued to the top story, and then thrown over the battlements. Lord Roche’s son was left in possession. Sidney pushed on to Cork, where Lady St. Leger was fully relieved, and the wavering citizens confirmed in their allegiance. Carrigaline was taken and garrisoned, and Castlemartyr, which the seneschal of Imokilly held against the Crown, was summoned. The seneschal himself answered that he would defend it to the last. A day or two having been spent in preparing gabions, a small breach was effected, and the garrison escaped by night into a neighbouring bog. The castle was entrusted to Captain Jasper Horsey, and Sidney then visited the Mallow district. After some pulling down of castles and wasting of country, the chiefs submitted without protection, and took the oath of allegiance. Buttevant, which Lord Barrymore had mortgaged to Desmond, was taken, and the Queen, as Sidney grimly said, was made mortgagee. Passing on to Limerick, Sidney found that Fitzmaurice had been before him at Kilmallock, which he had carried by escalade with the help of sympathisers inside. Some houses were sacked, others burned, others ransomed, and others spared altogether. Here Sidney heard from Ormonde, who could not join for want of convoy. Lord Power and the Earl’s friend Lord Decies were sent to Kilkenny, and they brought him safe to the Lord Deputy at Limerick.[172 - Fitzmaurice took Kilmallock early in Sept. 1569; Lord Deputy and Council to the Privy Council, Oct. 20; Sidney’s Summary Relation, in Carew, 1583.]
Sidney Limerick
Thomas Roe Fitzgerald, Desmond’s half-brother by Catherine Roche, was induced by Sidney to serve the Queen – a stroke of policy which greatly weakened Fitzmaurice, since many Geraldines thought his title better than that of the acknowledged Earl, and of course far better than his cousin’s. ‘During my abode in Limerick,’ says Sidney, ‘there came to me divers principal personages of the county of Kerry and of Connello, as the Lord Fitzmaurice, William Burke, captain or owner of Clanwilliam, whose eldest son after (being my man) with his own hand killed James Fitzmaurice, and James him at one only encounter, Lacy, Purcell, and Suppell, with many more whose names I have forgotten, being all descended of English race; all sware allegiance to her Majesty and faithful service in that action against James. There came to me also Rory MacSheehy, captain-general of the Earl of Desmond’s gallowglasses, surnamed Clansheehy; he likewise submitted, sware allegiance, and delivered pledges as before. This man was counted one of much might among them; he procured to come to me a great many more of the Irishry.’[173 - Brief Relation, in Carew, 1583; Sidney to Cecil, Oct. 17, 1569, in Sidney Papers.]
Submission of the Butlers
Sir Edmund escapes from Dublin Castle
No doubt by his brother’s advice, Sir Edmund Butler wrote to Cecil, throwing himself on the Queen’s mercy; and it seems that he set out to join the Lord Deputy, but thought better of it on the road. Piers lay in pleurisy at Kilkenny, but Edward accompanied the Earl to Limerick, and made his unconditional submission. Sidney seems still to have called him traitor, but he declared himself willing to serve the Queen anywhere. Afterwards Ormonde gave his parole for him, and he executed a bond binding himself to appear at Dublin when sent for, and if possible to bring Piers and Edmund with him. ‘I granted his requests,’ said Sidney, ‘but since that time I could never set eye on my old servant Edward.’ Some weeks later Ormonde brought Sir Edmund and Piers to the Lord Deputy at Dublin, Edward being this time the defaulter. When the brothers were brought before the Council Sir Edmund accused Sidney of having threatened him, but this the Lord Deputy denied, and we have the testimony of an eye-witness to his gravity and dignity. But it seems that faith was not strictly kept, for Sir Edmund had come in upon safe-conduct granted by Ormonde to ‘come safe, remain, and go safe,’ that Ormonde had full power to grant such safe-conduct, but that nevertheless Sir Edmund was imprisoned in the castle. After a short and very indulgent confinement, he managed to obtain a rope and slipped down the wall, but hurt himself, and fell into the ditch. He lay all night in the water – it was November – and those who found him in the morning were friends. The young O’Byrnes, the afterwards renowned Feagh MacHugh being one of them, led him through the Wicklow Mountains, and he made his way once more to the neighbourhood of Leighlin. He soon afterwards visited Holy Cross, and offered a thank-offering for his escape. Sidney was highly indignant, but if he really broke Ormonde’s safe-conduct he had nothing better to expect. He insinuated doubts as to the sincerity of the Earl’s professions, but he had not gone the right way to confirm his loyalty. Ormonde, on the other hand, reported that Sidney was too jealous of him to avail himself of his services against the Munster rebels.[174 - Fitzwilliam to Cecil, Sept. 12; Geo. Wyse to same, Oct. 29; Sidney to same, Nov. 29; also Sidney’s Summary Relation, as above.]
Humphrey Gilbert in Munster
The rank of colonel was given to Humphrey Gilbert, and he was told to pacify Munster. He showed all those qualities which have given him an enduring place in English story. Kilmallock was again threatened, and Gilbert occupied it with little more than two companies. Fitzmaurice and Clancare brought 1,500 foot and 60 horse, intending to starve out the garrison; but Gilbert sallied forth with about 100 men, and put the Irish to flight, exhibiting the Quixotic courage for which he is famous. He had a horse shot under him. His buckler was transfixed by a spear. He advanced to the attack across a river, and had twenty mounted men upon him at once, of which he slew one, unhorsed two, and wounded six. No wonder that he had a fever after this. Gilbert’s energy seems to have paralysed the enemy, for he marched almost unopposed through the wilds of Kerry and Connello, and took thirty or forty castles without artillery. The policy pursued was like that of Samuel to the subjects of Agag. At Garrystown Gilbert ordered Captain Warde to put all to the sword on pain of death. No capitulation was admitted, but all strongholds were stormed at any cost, and men, women, and children killed. ‘They are now,’ wrote Warde, after three weeks of this horrid work, ‘so well acquainted with his conditions that I think they will defend no castle.’ And the worthy captain adds that all were astonished at Gilbert’s sufficiency, and that in his opinion he was fit for any place, civil or military.[175 - Warde to Cecil, Sept. 26 and Oct. 18; Gilbert to same, Oct. 18.]
Fitzmaurice is hard pressed
James Fitzmaurice himself found the battle so hot about him that he withdrew, closely pursued, into the glen of Aherlow in Tipperary, and Sidney complained that Ormonde was slack in his service, and that they were afraid of the Queen’s displeasure if they entered his country to do the work which he neglected. Sidney called Fitzmaurice an Irish beggar, Gilbert called him a silly wood-kerne, and both wondered that an Earl of Ormonde should find any difficulty in dealing with him. The Butlers were an ungrateful crew, and Gilbert would teach them, if he might, that they had more need of the Queen’s mercy than she had of their service. The Queen’s partiality made it necessary to keep some terms with Ormonde, but Gilbert did not hesitate ‘to infringe the pretended liberties of any city or town corporate not knowing their charters to further the Queen’s Majesty’s service, answering them that the prince had a regular and absolute power, and that which might not be done by the one, I would do it by the other in case of necessity.’ Gilbert was satisfied that Ireland, being a conquered nation, would never obey for love, but for fear only; and he acted fully up to this opinion. Under his drastic treatment all the Geraldines except James Fitzmaurice submitted. Captain Apsley was sent into Kerry, and such was the terror inspired by his colonel, that the whole district was reduced with little difficulty. Clancare and MacDonough MacCarthy acknowledged their treasons on their knees. Gilbert would promise no pardons, and every rebel taken in arms was executed at once. After his service in Munster, Gilbert repaired to the Lord Deputy, who knighted him, having nothing but honour to give. In his despatches he praised him to the skies, and seems not to have had the slightest misgiving about the wisdom or morality of his conduct. The ways were safe. City gates lay open. The English name was never so much feared in Ireland. It needed now only a good sour lawyer to manage the escheats of forfeited lands. ‘If her Majesty will provide, that which is spent is not lost. Persuade her to address into Munster further a council with a President. The iron is now hot to receive what print shall be stricken in it, but if it be suffered to grow cold, I fear where before it was iron it will then be found steel. These people are headstrong, and if they feel the curb loosed but one link, they will, with bit in the teeth, in one month run further out of the career of good order than they will be brought back in three months.’ Without money, thwarted at home, and in bad health, the Lord Deputy begged earnestly for his recall. All classes were against him, and he felt as if he could not live another six months in Ireland.[176 - Gilbert to Sidney, Nov. 13 and Dec. 6; Sidney to Cecil, Nov. 25 and Jan. 4, 1570.]
Ulster is quiet
While Geraldines and Butlers, for once united by the fear of losing their lands, kept the South of Ireland in a turmoil, Ulster, for Ulster, was rather unusually quiet. The O’Neills feared to provoke Sidney while he had the power to punish, and minor chiefs professed themselves ready to obey his call. James MacDonnell’s widow took advantage of the lull to come to Rathlin and give her hand to Tirlogh Luineach, who had now from 3,000 to 5,000 men under his orders, his wife having brought at least 1,200 Scots with her. Newry was threatened, but the arrival of Ormonde left Kildare free, and the forces of the Pale were drawn northwards. Sidney followed as soon as he could, and found that the Scots had weakened rather than strengthened Tirlogh Luineach, who had ‘eaten himself out’ by supporting them. The fact that he had been accidentally shot by a jester while sitting at supper with his new wife, may have had a good deal to do with Tirlogh Luineach’s inactivity. In any case, he gave Fitzmaurice no help; and, the Butlers having submitted, the confederacy from which so much had been expected and feared fell to pieces of itself.[177 - MacMahon to the Commissioners for the North, Aug. 23; Fitzwilliam to Cecil, Sept. 12.]
CHAPTER XXVII.
1570 AND 1571
Fitton, President of Connaught
Pollard’s illness had delayed the formation of a presidential Government in Munster, but Sir Edward Fitton was appointed to Connaught, with Ralph Rokeby for a Chief Justice. When the decadence of the southern rebellion enabled him to begin work, he did not show much talent for government, being an ill-tempered, quarrelsome man, not at all fitted for the delicate duty of turning Irish into English order. The townsmen of Galway he found loyal and peaceable enough, but the people of the province were cold in religion, and inclined to superstition. By way of encouragement he burned the ‘idols’ in the churches. The friars were nominally expelled, really driven into hiding. More praiseworthy were his efforts to make the clergy either put away or marry their female companions – efforts extended to the laity, who, from the Earl of Clanricarde downwards, seem to have held canonical marriage in contempt. Malefactors were executed, a kind of census taken, and a provost-marshal appointed to hang out of hand all who could find no one to answer for them. ‘Such as do come unto us, we cause to cut their glybbes, which we do think the first token of obedience.’ Clanricarde and O’Connor Sligo professed some agreement with Fitton’s course, but O’Rourke held aloof, while Thomond gave every possible opposition, even to the extent of detaining Captain Apsley and his men on their return from Kerry, and of threatening to capture the President himself. Proclamation had been made for holding assizes at Ennis, where the sheriff, Teig O’Brien, made store of provisions for the President. Thomond, who was at Clare close by, refused to attend, and when the assizes were over friendly partisans conducted Fitton through the Burren Mountains, the Earl hanging on his skirts and skirmishing as far as Gort. He was said to be acting under orders from the Duke of Norfolk, and no doubt his conduct had reference to the rising in the North, and to the general attack on those whom Fitzmaurice called Huguenots. Fitton was shut up in Galway, and John Burke, Clanricarde’s rebellious son, rode up to the gate, but refused to enter. Gilbert having departed, Fitzmaurice gathered a new force, entered and spoiled Kilmallock; and there seemed every prospect of a conflagration throughout the West. Sidney resolved to take Ormonde at his word, and to employ him in putting down this fresh disturbance.[178 - Rokeby to Cecil, Jan. 4, 1570; Fitton to Lord Deputy, Feb. 22; N. White to Cecil, Feb. 9; Clancare to Gilbert, Feb. 22. The assizes at Ennis were about Feb. 1. Norfolk had been in the Tower since October. The Bull of Pius V. excommunicating Elizabeth was dated Feb. 25, though not posted in London till May. An Irishman, one Cornelius, is said to have helped Felton.]
Ormonde is reconciled to Sidney,
‘My Lord Deputy and I,’ Ormonde wrote to Cecil, ‘brake our minds at Leighlin last together before some of our trusty friends, and after promising never to call quarrels past to rehearsal, we vowed the renewal of our old friendship. So, for my part, I will bring no matter past to rehearsal.’ Thereupon he begged the intercession of Cecil and other statesmen for his misguided brothers. Edward was still at large.
‘I think,’ said Sidney, ‘God have ordained him a sacrifice for the rest. What honour were it to that house if the Earl would bring in that brother’s head with his own hands? That were indeed a purging sacrifice.’ It was a sacrifice which Ormonde did not feel called upon to offer; but he was willing enough to serve the Queen, and received a commission to reduce his cousin, the Earl of Thomond.
and receives a commission
He received an ample commission, having power to proclaim rebels, to parley, protect, or prosecute as he might think expedient. After a month’s preparation he was in a condition to take the field. He had no help from the Government but 300 kerne and a battering-ram, which he did not use. The Mayor of Limerick made difficulties about boats to convey the guns across the Shannon, and Ormonde marched into Thomond without them. The terror of his name and the knowledge that artillery was behind did all that was necessary, but he complained that nothing was done unless he did it himself, and that Sir Thomas Roe Fitzgerald was particularly useless. Thomond at once offered to give up all prisoners, English and Irish, to surrender all castles, provided he might be allowed to go to England and plead his own cause with the Queen, and to serve at once against James Fitzmaurice. He stipulated for life and liberty for himself, that Ormonde should have the custody of his country, that his enemy, Teig MacMorragh of Inchiquin, should be no longer sheriff, that the Lord Deputy and Lord President should not prejudice his case with her Majesty, and that he should be allowed five days’ law before being proclaimed traitor, in the event of Sidney refusing to ratify the articles. Ormonde took possession of all the castles at once, garrisoned them, and secured the prisoners, cutting passes through the wood to Bunratty in case further fighting should be necessary. The rest he left to the Lord Deputy. Sidney would have preferred that Thomond should come before him, but agreed to let him go to the Queen, on condition that he should give the names of all his accomplices at once and start for England before May 27.[179 - Sidney to the Privy Council, May 4, 1570, with the enclosures; to Carew, May 28; articles with the Earl of Thomond, April 23, 1570, in Carew.]
Thomond goes to France. Intrigues there
The rebel Earl, who was probably conscious of intrigues of which Ormonde knew nothing, neglected, without actually refusing, to go to the Lord Deputy, allowed the day of grace to pass, and went quietly on board a French ship which lay in the Shannon. Thomond was pacified entirely at Ormonde’s charge, and the work was done but just in time, for many of his men had been engaged in the late rebellion, and were fighting with halters round their necks. The moment their protections expired they left their chief, who had no power to extend them, but they seem to have returned on the Lord Deputy giving them six weeks longer. The principal men of the O’Briens submitted, and the O’Loughlins and O’Mahons followed suit. There were a few executions, but Ormonde preferred clemency to the policy of Gilbert or even of Sidney. ‘The Queen,’ he said, ‘hath many good subjects here if they were but cherished and not over-pressed.’ His reception in France not answering his expectation, Thomond thought it prudent to report himself to the English ambassador, representing himself as a loyal subject driven mad by Fitton’s harshness. He professed great anxiety to see the Queen, but feared the Lord Deputy. He had come by France, as the direct road to London was closed. Norris advised lenity in dealing with one who was evidently rather a tool than a ringleader – a barbarian whose cunning was neutralised by his vaingloriousness, and whose simple talk could deceive no diplomatist. ‘Promise what you list,’ said the ambassador, whose great object was to coax the refugee out of France into England, ‘and having him there perform what you list.’
Diplomacy
The Queen lent no countenance to this Machiavellian advice, and told Norris that the Irish lord was of small value but by her favour, and not the best of his name in the estimation of his own countrymen. By her advice he gave a written personal undertaking that Thomond should not be imprisoned on his promising, also in writing, to make no further attempt against the Queen. He had from his arrival intrigued with the French Court, and had nearly succeeded in captivating Henry III.; but Marshal Vielleville reminded his sovereign that he had debts, and persuaded him not to meddle with castles in Ireland. Catherine de’ Medici tried to prevent Thomond from going to England, and gave him 200 pistoles. Fearful lest he should go to Spain, Norris added 100, and after spending a month in Paris, the Earl was induced to go to his natural sovereign and make humble submission. He was pardoned in due course and sent back to Ireland, where he bound himself in the sum of 10,000l. to be of good behaviour for the future.[180 - Ormonde to Sidney, June 4; Thomond to the Queen, July 23; Sir H. Norris to Cecil, July 22 and 23; to the Queen, Aug. 9 and 11; the Queen to Norris, July 30; submission of Thomond, December 21, 1570; Morrin’s Patent Rolls, September 25, 14 Eliz.; Informations, &c., Nov. 7. Chief Justice Rokeby went over from Connaught to detail Thomond’s misdeeds, which indeed could not be denied; but he seems to have been thought too foolish to do much harm. Sidney calls him ‘ox’ and ‘lubber.’ Brief Relation in Carew, 1583.]
Sidney’s policy. Edward Butler cannot be caught
While Ormonde showed his zeal in the West, the Lord Deputy remained in Dublin preparing to meet Parliament. He begged to be recalled, or at least to have the comfort of his wife’s society, for that he was living very uncomfortably, and at intolerable expense to himself, though saving much to the Queen. To his repeated cries her Majesty answered that he should be relieved as soon as possible, but that it was very difficult to find a fit successor for him, or a fit governor for Munster. She approved of his fortifying policy in Ulster. Irishmen were to be encouraged to take estates of the Crown, and Englishmen to settle in Ireland, and ‘we would have good regard that the inhabitants there do not engross many farms into few hands, whereby hospitality must decay.’ Edmund and Piers Butler were to be committed; Edward caught, indicted, and arraigned; and all three were to be made to surrender their estates, and have judgment passed on them, to be executed or not according to their behaviour. Their inferior agents in rebellion were to ‘taste the reward of justice.’ Edward Butler could not be caught, though he had at least one narrow escape from his brother’s men, but the other two had remained in Dublin since their submission, and now humbly awaited her Majesty’s pleasure.[181 - Ormonde to Sidney, April 27; Sidney to Carew, May 28; to the Privy Council, May 4; the Queen to Sidney, May 17.]
Final submission of the Butlers, 1570. Parliament
Sidney found his Parliament in more submissive mood than at its first meeting, the Irish party having been cowed by his vigour, and by the sight of unsuccessful rebellion. The influence of a Speaker must needs be considerable, and Stanihurst was devoted to the Government, which received valuable support from his grave and conciliatory demeanour. The Lord Deputy opened the session with a pithy speech, in which he earnestly prayed the members to show their activity by amending Bills brought before them, but not by rejecting necessary measures. An Act was then passed reciting the Queen’s efforts to establish order and justice, notwithstanding which ‘the wicked, better acquainted with darkness than light, have chosen to wallow in their own filth and puddle of tyranny, oppression, rape, ravine, and spoil.’
Attainders
Clancare, Fitzmaurice, Ormonde’s three brothers, and several other Butlers of less note, were then attainted by name as ‘vile and ingrate traitors;’ and treasons committed within a limited time were prospectively included in the attainder. The Queen stayed the execution of this Act, but Ormonde objected to it on general grounds, and especially to its prospective effect. ‘Alas,’ he said, ‘what availeth life, and to live with infamy (as I perceive my brethren must do coming to arraignment)! But the Queen’s staying of their judgment and execution is an exceeding mercy, far above their deserts of late days … and for the stain of my house I confesseth it nippeth me to the heart. But what remedy the best is they may, with the Queen’s goodness, live to requite this evil with good service hereafter… My brother Edmond was not his own man since he was bewitched. Myself have not escaped free by means of a drink given me by some unhappy hand. I recovered hardly by drinking salt and oil, bleeding very much, and being purged. I bled forty ounces at twenty-one times… This act is very general, and so perilous that the judgment is given before the offence committed. Many innocents may be indicted upon malice, and peradventure have no notice of the proclamation to come to justify themselves according to the law.’
The Butlers pardoned
Sir Edmund, who was certainly of an excitable nature, felt the disgrace so keenly that he was actually out of his mind for a time. Later on, when it was proposed to print the Act in London, Ormonde complained bitterly that the praise of suppressing the rebellion was given in general terms to Sidney, and begged that ‘the odious discourse’ might be kept back. Some Butlers were, indeed, by God’s visitation induced to act beyond their reason, and the family honours had been spotted for the first time; but the head of the House had brought them back, and the tree now bore its accustomed good fruit. Edward Butler at last submitted to the Earl, but seems never to have put himself into Sidney’s power. In 1573 the three brothers were pardoned, but it seems that by some omission they were never restored in blood. The legal stain remained, but the moral stain was removed by much after good service.[182 - The session began May 26. Ormonde to Heneage, July 4, 1570; to Cecil, July 24, 1569, and Dec. 7, 1570; to Burghley, June 28, 1572; Sidney to Privy Council, June 24, 1570; Weston to Cecil, June 28. There is a valuable memoir of Sir Edmund Butler by the Rev. James Hughes in the Irish Archæol. Journal, 4th Series, vol. i. Morrin’s Patent Rolls, ii. 640.]
First attempt at national education
Opposition to Government Bills
An Act was passed in this session for the erection of a free school in every diocese at the cost of the diocese, with an English master appointed by the Lord Deputy, except in Armagh, Dublin, Meath, and Kildare, where the Bishops were made patrons. The foundation was Scriptural and Protestant, for the Elizabethans could not understand the possible permanence of any but the State religion. Henry VIII.’s system of parochial schools having never come into being, this must be considered as the first attempt at national education. Salaries were to be fixed by the Lord Deputy, but paid by the clergy, one-third by the ordinary, and two-thirds by the general body. The results of the diocesan schools, as they came to be called, fell far short of what some expected, and it is probable that in many dioceses they were never founded at all. But Sidney’s measure was well meant, and was not entirely inoperative like the mediæval attempts at Irish universities. A Bill to compel the residence of spiritual persons was thrown out by the Commons, as well as one to abolish the extortionate demand of meat and drink; the majority of members probably having a personal interest in supporting the old abuse in either case. A Bill for limiting interests which had been acquired by lessees in entailed property was also thrown out, the real object of it being to restore to Ormonde those lands of his family which had been improvidently alienated. Sidney did not oppose the measure, but foresaw that it would fail. He was ready to do what he could to meet Ormonde’s views, but only so far as was consistent with ordinary process of law. ‘If the gentlemen that have lands of his in the English Pale, in fee farm and otherwise, do not consent in all points to his lordship’s liking, having law on their side, I cannot use compulsory means to wrest justice, nor, I hope, it is not required in my place.’ Wise words, but it would have been better for Sidney’s reputation had he been equally careful in guarding prescriptive rights against Sir Peter Carew.[183 - Sidney to Cecil, Oct. 17, in the Sidney Papers. Irish Statute Book, Note of Bills, May 1570.]
Commercial legislation. Monopolies
The Butlers having returned to their right mind, and Fitzmaurice being reduced to wandering with a few followers, Sidney busied himself chiefly with the affairs of the North. His marvellous power of despatching causes, his extraordinary knowledge of Irish septs and alliances, and his untiring industry, were the theme of general admiration; and the lightning rapidity of his movements struck terror into Irish hearts. Before he could bring the Northern chiefs to any settlement offering a chance of permanence, he had to hold two more sessions of Parliament, and to make arrangements for the Presidency of Munster, as he had already done for Connaught. The legislation attempted was chiefly commercial. Thus a Bill, which was at first thrown out in the Lower House by an effort of untutored common sense, was pressed successfully forward by the Government, who thought it important that the ancient staple commodities wool and wool-fells, raw or manufactured, wax, and butter, should not be exported except by the merchants of the staple towns. Such exportation had been already restrained by duties with a view of encouraging Irish manufactures, but the law had not answered expectation, having had the natural result of throwing the trade into French, Scotch, Spanish, and other foreign hands. Instead of repealing the Act which had done so much harm, the true protectionist policy of further restraint was adopted. Manufactured articles, to which linen yarn was added, might be exported by the merchants of the staple at Dublin, Drogheda, Cork, and Waterford, and by the merchants of other borough towns, on paying the custom; and all power of dispensing with the law was taken away from the Irish Government. The raw material had continued to be exported to some extent, but the intention to benefit Irish manufactures by forcibly retaining it was again recorded, and infringement of the monopoly was made felony; the Government being in this case also declared incapable of dispensing with the Act. It was soon discovered that trade could not be forced in this way, and the Queen was besieged by applications for patents, the projectors pretending to cure the evils of one monopoly by creating another. Lancashire and Cheshire had benefited much by Irish yarn, 4,000 hands being employed in weaving it at Manchester alone. The embargo, it was urged, had nearly ruined Manchester, and had not benefited Ireland, where the weavers were few, and the people naturally given to idleness; spinning, of course, requiring no industry. It was admitted that the lack of lawful outlet for the cloth had something to say to the want of weavers, but as the suitors for patents were Englishmen, that side of the question was not pressed.[184 - Memorandum of Causes, &c., 1572 (No. 49).]
Monopolies. Prototype of Wood’s halfpence
Elizabeth, no doubt for some valuable consideration, granted a patent to one Thomas Moore to export 3,000 packs of linen yarn from Ireland in five years. The Corporations of Dublin and Drogheda objected on the grounds that Ireland did not produce 600 packs a year, that Moore was to pay them no custom, that many men in Ireland had sunk their substance in setting up looms on the faith of a very recent statute, and that if the Queen persevered they would all be ruined. She then reduced the amount to 200 packs a year; but Irish vested interests were unappeased, and seven of the most eminent Queen’s counsel in Dublin were very clearly of opinion that letters patent were waste paper as against an Act of Parliament. In the end Tremayne effected a compromise, of which the terms are not stated, between the patentee and the municipalities of Dublin and Drogheda, and the latter prayed Burghley to intercede with her Majesty against the passing of any such patents in future.
Dutch weavers in Ireland
The intercession was not successful, for in 1578 Lord Chancellor Gerrard obtained a similar monopoly, which he assigned to one Middlemore. Both patentee and assignee had disputes with Dublin and Drogheda, their evident object being to be bought off as dearly as possible. ‘I caused to plant,’ said Sidney, ‘above forty families of the reformed churches of the Low Countries, flying thence for religion’s sake, in one ruinous town called Swords. It would have done any man good to see how diligently they wrought, how they re-edified the spoiled old castle and repaired almost all the same, and how goodly and cleanly they and their wives and children lived. They made diaper and ticks for beds and other good stuff for man’s use, and excellent good leather of deer skins, goat- and sheep-fells, as is made in Southwark.’ And he spoke with becoming indignation of the infringement of a law which he had caused to be made for the benefit of Ireland, and which he had restrained himself and his predecessors from contravening. In the forgotten story of these monopolies we have a foreshadowing of Wood’s halfpence, and it is possible that the Drapier was not ignorant of the precedent.[185 - Opinion of her Majesty’s learned counsel against the legality of the monopolies, April 11, 1573, signed by R. Dillon, L. Dillon, J. Dowdall, N. Nugent, J. Plunkett, R. Talbot, and C. Fitzsimon; of whom the first four had been Attorney- or Solicitor-General. Sidney’s Summary Relation in Carew, 1583. The Queen to Sidney, May 29, 1578, in Carew; Mayors of Dublin and Drogheda to the Queen and to Burghley, June 30, 1572; to the Privy Council, Aug.; to Lord Deputy Fitzwilliam, Jan. 6, 1573; to the same, March 25; several letters from Gilbert Gerrard, and Middlemore in 1578; Lord Deputy Fitzwilliam to Burghley, July 18, 1573.]
Sir John Perrott, President of Munster, 1571