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

Toleration not understood

France

Spain

Germany

Italy

Bacon’s advice

What we mean by toleration was nowhere understood in the early part of the seventeenth century. Even Bacon, who admired the edict of Nantes, which had not wiped out the memory of St. Bartholomew, had no idea of abrogating the Elizabethan penal code. Henry IV.’s famous edict was an exception; it was one of the kind that proves the rule, for he saw no way of securing the French Protestants but by giving them a kind of local autonomy which could not last. Rochelle was an impossibility in a modern state, and when that frail bulwark was destroyed persecution gradually resumed its sway. Of Spain, the birthplace and fixed home of the Inquisition, it is unnecessary to speak. In Germany neither party practised any real toleration. In Italy Spanish interests were dominant, and Elizabeth died an excommunicated Queen. Clement VIII. abstained from treating her successor in the same way, but he had hopes by mildness to obtain better terms for the faithful in England. Both in England and Ireland any intention of forcing men’s consciences was always disclaimed, while outward conformity was insisted on. And in the case of the Roman Catholics, who took their orders from a foreign and hostile power, it was really very difficult to say exactly how much belonged to Cæsar. Bacon was more liberal than anyone else, but his ideas fell very far short of what is now generally accepted. In Ireland, he advised Cecil, after the Spaniards had been foiled at Kinsale, ‘a toleration of religion (for a time not definite), except it be in some principal towns and precincts, after the manner of some French edicts, seemeth to me to be a matter warrantable by religion, and in policy of absolute necessity. And the hesitation in this point I think hath been a great casting back of the affairs there. Neither if any English Papist or recusant shall for liberty of his conscience transfer his person, family, and fortunes thither do I hold it a matter of danger, but expedient to draw on undertaking and to further population. Neither if Rome will cozen itself, by conceiving it may be some degree to the like toleration in England, do I hold it a matter of any moment, but rather a good mean to take off the fierceness and eagerness of the humour of Rome, and to stay further excommunications or interdictions for Ireland.’ Bacon saw the difficulty clearly, and perhaps he saw the working solution, but to persevere steadily in such a course was not in James’s nature, though Chichester might conceivably have done so if he had had a free hand.[26 - Letter to Cecil, 1602, Spedding, iii. 49.]

Barnewall and Chichester

Barnewall puzzles the Council

Barnewall sent to England

Victory of Barnewall

Sir Patrick Barnewall was committed prisoner to the Castle on December 2, 1605. ‘Well,’ said he, ‘we must endure as we have endured many other things, and especially the miseries of the late war.’ ‘No, sir,’ answered Chichester, ‘we have endured the misery of the war, we have lost our blood and our friends, and have indeed endured extreme miseries to suppress the late rebellion, whereof your priests, for whom you make petition, and your wicked religion, was the principal cause.’ In writing to Salisbury afterwards Sir Patrick attributed the invention of the mandates to Chief Justice Ley, but it is much more likely that Davies was their author. After an imprisonment of three months, Barnewall was again brought before the Irish Council, and argued soundly in maintaining that recusancy was only an offence in so far as it was made one by statute, and that therefore all prosecution of it except that prescribed by Act of Parliament was illegal. At a further examination when the Chancellor, who was a bishop and ought to have known better, spoke of the King’s religion, Barnewall saw his advantage and exclaimed ‘That is a profane speech.’ He was not sent to England till near the end of April, and at the end of May the English Government had not yet found time to attend to him. At first he was allowed to live under restraint at his own lodgings in the Strand, but was afterwards sent to the Tower, probably with the idea of making an impression upon the public mind in Ireland. It was found impossible to answer his arguments, and the Privy Council asked the Irish Government for information as to the ‘law or precedent for the course taken in issuing precepts under the Great Seal to compel men to come to church.’ They admitted that such authority was ‘as yet unknown to them,’ but rather sarcastically supposed that the Lord Deputy and Council were better informed. The Irish Government were acting entirely by prerogative; but several of the judges in England pronounced the mandates not contrary to precedent or authority. Barnewall was induced to make some sort of submission more than a year after his original arrest. Being called upon to make one in more regular form he refused, and was then sent to the Fleet prison for a month. Having signed a bond to appear within five days of his arrival, he was returned to Ireland at the beginning of March, 1607, and Chichester at once saw that no progress had been made.

The Mandates are abandoned

Barnewall refused to make any submission in Dublin, and in the end it was found necessary to drop all proceedings against him. His detention in London was really a triumph, for the Irish recusants regarded him as their agent, and subscribed largely for his support. Waterford contributed 32l. and the collection was general all over Ireland. He gained in fact a complete victory, and such progress as Brouncker had made in procuring outward conformity was at once arrested. The mandates were never again resorted to.[27 - Calendar of State Papers, Ireland, from December 1605 to September 1607.]

CHAPTER III

THE FLIGHT OF THE EARLS, 1607

Mountjoy leaves Ireland, 1603

Tyrone in favour at Court

Mountjoy created Earl of Devonshire

He supports Tyrone

When Mountjoy left Ireland at the beginning of June 1603 he was accompanied by Tyrone, and by Rory O’Donnell, whose brother’s death had made him head of the clan. The party, including Fynes Moryson the historian, were nearly wrecked on the Skerries. On the journey through Wales and England Tyrone was received with many hostile demonstrations, mud and stones being often thrown at him; for there was scarcely a village which had not given some victims to the Irish war. The chiefs were entertained by Mountjoy at Wanstead, and after a few days were presented to the King, who had declared by proclamation that they were to be honourably received. Their reception was much too honourable to please men who had fought and bled in Ireland. Sir John Harrington, who had last seen Tyrone in his Ulster fastness sitting in the open air upon a fern form and eating from a fern table, gave his sorrow words in a letter to Bishop Still of Bath and Wells. ‘How I did labour after that knave’s destruction! I adventured perils by sea and land, was near starving, ate horse-flesh in Munster, and all to quell that man, who now smileth in peace at those who did hazard their lives to destroy him; and now doth Tyrone dare us old commanders with his presence and protection.’ Tyrone and O’Donnell were present at Hampton Court on July 21 when Mountjoy was made Earl of Devonshire. Before that date Tyrone was in communication with Irish Jesuits in London, and among others with the famous Archer. Devonshire’s one idea seems to have been to decide every point in his favour, and he was in a situation, so far as Ulster was concerned, not very different from that which the Earls of Kildare had formerly occupied in the Pale. He was made the King’s Lieutenant in Tyrone, and even obtained an order for 600l. on the Irish treasury, which Carey hesitated to pay, since the result would be to withhold their due from others whose claims were not founded on rebellion, but on faithful service. When he went back to Ireland in August, the sheriffs of the English and Welsh counties through which he passed were ordered to convey him safely with troops of horse, for fear of the people.[28 - John Byrd to Devonshire, September 8, 1603, with enclosure; Meehan’s Tyrone and Tyrconnel, p. 36; Fynes Moryson, book iii. chap. 2; Harrington’s Nugæ Antiquæ.]

Tyrone unpopular in Ireland, 1604

After his return Tyrone lived some time at Drogheda, the gentry of the Pale being unwilling to entertain him. The horrors of the late war were remembered, and the beaten rebel was generally unpopular. He had not means to stock or cultivate the twentieth part of his country, yet he took leases of more to give him a pretext for interference. He pretended that all fugitives from Tyrone should be forced to return, and Sir John Davies thought it evident that he wished exceedingly to ‘hold his greatness in his old barbarous manner.’ Otherwise there could be no object in his opposition to having a sheriff appointed for Tyrone, and yet he could hardly hope to raise another rebellion, for he was old and poor and his country extremely depopulated.[29 - Davies to Cecil, April 10, 1604.]

Case of O’Cahan

Mountjoy’s promise to O’Cahan, which is not kept

O’Cahan’s righteous indignation

Violence of Tyrone. 1606

Donnell O’Cahan, chief of what is now Londonderry county, once known as Iraght O’Cahan, and more lately as the county of Coleraine, submitted to Sir Henry Docwra in July 1602. The lands had been in possession of the clan for centuries, but certain fines and services were due to the O’Neills. Tyrone was still in open rebellion for several months afterwards, and it was thought that the loss of O’Cahan’s district had much to say to his final discomfiture. O’Cahan, whose hereditary office it was to cast a shoe at the installation of an O’Neill, agreed to give up the land between Lough Foyle and the Faughan water to the Queen, and also land on the Bann for the support of the garrison at Coleraine. The rest of his tribal territory was to be granted to him by patent. This agreement was reduced to writing, signed by O’Cahan and Docwra and ratified under his hand by Lord Deputy Mountjoy. Pending the settlement of the question, O’Cahan was granted the custody of his country under the Great Seal. When it afterwards seemed probable that Tyrone would be received to mercy O’Cahan reminded Docwra that he had been promised exemption from his sway. At O’Cahan’s earnest request, Docwra wrote to Mountjoy, who again solemnly declared that he should be free and exempt from the greater chief’s control. No sooner had Tyrone been received to submission than he began to quarter men upon O’Cahan, who pleaded the Lord Deputy’s promise, and was strongly supported by Docwra. ‘My lord of Tyrone,’ was Mountjoy’s astonishing answer, ‘is taken in with promise to be restored, as well to all his lands, as his honour of dignity, and O’Cahan’s country is his and must be obedient to his command.’ Docwra reminded him that he had twice promised the contrary in writing, to which he could only answer that O’Cahan was a drunken fellow, and so base that he would probably rather be under Tyrone than not, and that anyhow he certainly should be under him. Tyrone’s own contention was that O’Cahan was a mere tenant at will, and without any estate in the lands which had borne his name for centuries. Docwra reported Mountjoy’s decision to O’Cahan, who ‘bade the devil take all Englishmen and as many as put their trust in them.’ Docwra thought this indignation justified, but realised that nothing could be done with a hostile Viceroy, and advised O’Cahan to make the best terms he could with Tyrone. Chichester was from the first inclined to favour O’Cahan’s claim, but the Earl managed to keep him in subjection until 1606, when the quarrel broke out again. Tyrone seized O’Cahan’s cattle by the strong hand, which Davies says was his first ‘notorious violent act’ since his submission, and the whole question soon came up for the consideration of the Government. Early in 1607 the two chiefs came to a temporary agreement by which O’Cahan agreed to pay a certain tribute, for which he pledged one-third of his territory, and in consideration of which Tyrone gave him a grant of his lands. O’Cahan was inclined to stand to this agreement, but Tyrone said it was voidable at the wish of either party. A further cause of dispute arose from O’Cahan’s proposal to repudiate Tyrone’s illegitimate daughter, with whom he had lately gone through the marriage ceremony, and to take back a previous and more lawful wife. His fear was lest he should have to give up the dowry also, and especially lest his cattle should be seized to satisfy the claim.[30 - Docwra’s Narration, pp. 260-277; Lord Deputy and Council to the Privy Council, October 4, 1605; Davies to Salisbury, November 12, 1606; agreement between Tyrone and O’Cahan, February 17, 1606-7; Bishop Montgomery of Derry to Chichester, March 4; Chichester’s instructions to Ley and Davies, October 14, 1608, p. 60.]

Death of Devonshire, 1606

Claims O’Cahan and Tyrone

The Crown intervenes

Devonshire died on April 3, 1606, and Tyrone thus lost his most thoroughgoing supporter at court. It was in the following October that O’Cahan’s cattle were seized, and in May 1607 that chief petitioned for leave to surrender his country to the King, receiving a fresh grant of it free from Tyrone’s interference. He afterwards expressed his willingness to pay the old accustomed services to Tyrone. The two chiefs were summoned before the Council, and Tyrone so far forgot himself as to snatch a paper from O’Cahan’s hand and tear it in the Viceroy’s presence; but for this he humbly apologised. The case was remitted to the King, and it was afterwards arranged that both parties should go over to plead their several causes; peace being kept in the meantime on the basis of the late agreement. The Irish lawyers were of opinion that O’Cahan’s country was really at the mercy of the Crown on the ground that, though it had been found by inquisition to be part of Tyrone’s, the Earl’s jurisdiction only entitled him to certain fixed services and not to the freehold. That they held to have been the position of Con Bacagh O’Neill, and Tyrone’s last grant only professed to restore him to what his grandfather had.[31 - Petition of O’Cahan, May 2, 1607; Chichester to Salisbury, June 8; Lord Deputy and Council to the Privy Council, June 26; Davies to Salisbury July 1; Docwra’s Narration, 284.]

Assizes in Donegal

Rory O’Donnell created Earl of Tyrconnel

Extreme pretensions of Tyrconnel

His character

Discontent of Neill Garv

While Rory O’Donnell was in England, Chief Baron Pelham was going circuit in Donegal. The multitude, he told Davies, treated him as an angel from heaven and prayed him upon their knees to return again to minister justice to them; but many gentlemen refused the commission of peace until they had Tyrone’s approval. A sheriff was appointed, but at first he had little to do. Rory O’Donnell was treated nearly as well as Tyrone himself. On his return to Ireland in September 1603, he was knighted in Christchurch, Dublin, by Sir George Carey, and at the same time created Earl of Tyrconnel. He received a grant of the greater part of Donegal, leaving Inishowen to O’Dogherty, the fort and fishery of Ballyshannon to the Crown, and 13,000 acres of land near Lifford to Sir Neill Garv O’Donnell. On the wording of the patent Lifford itself was reserved to the Crown. Neill Garv’s very strong claim to the chiefry was passed over, he having assumed the name and style of O’Donnell without the leave of the Government. Rory was also made the King’s Lieutenant in his own country, with a proviso that martial law should not be executed except during actual war, nor at all upon his Majesty’s officers and soldiers. These ample possessions and honours were, however, not enough for the new Earl, who aimed at everything that his ancestors had ever had, and who was unwilling to leave a foot of land to anyone else. Five years after the death of Queen Elizabeth Chichester reported that the lands belonging to the Earldom of Tyrconnel were so mortgaged that the margin of rent was not more than 300l. a year. Nor is this to be wondered at for the Four Masters, who wrote in Donegal and who wished to praise its chief, said he was ‘a generous, bounteous, munificent, and hospitable lord, to whom the patrimony of his ancestors did not seem anything for his spending and feasting parties.’ The last O’Donnell being of this disposition, the attempt to change him into the similitude of an English Earl was not likely to succeed. O’Dogherty was for the time well satisfied; but Sir Neill Garv, who had destroyed his chances by anticipating the King’s decision, was angry, for Docwra and Mountjoy had formerly promised that he should have Tyrconnel in as ample a manner as the O’Donnells had been accustomed to hold it. And by the word Tyrconnel he understood, or pretended to understand, not only Donegal but ‘Tyrone, Fermanagh, yea and Connaught, wheresoever any of the O’Donnells had at any time extended their power, he made account all was his: he acknowledged no other kind of right or interest in any man else, yea the very persons of the people he challenged to be his, and said he had wrong if any foot of all that land, or any one of the persons of the people were exempted from him.’

Here we have the pretensions of an Irish chief stated in the most extreme way, and they were evidently quite incompatible with the existence of a modern government and with the personal rights of modern subjects.[32 - Docwra’s Narration, p. 249; Davies to Cecil, December 1, 1603; Four Masters, 1608.]

Discontent of Tyrone

Secret service

Tyrone was too wise to make claims like Neill Garv’s, but he resented all interference. He had disputes with the Bishop of Derry about Termon lands, with English purchasers of abbeys, and with several chiefs of his own name who had been made freeholders of the Crown. Curious points of law were naturally hateful to one who had always ruled by the sword, but he may have had real cause to complain of actions decided without proper notice to him. He and his predecessors had enjoyed the fishery of the Bann, which was now claimed by the Crown as being in navigable waters. Queen Elizabeth had indeed let her rights, but no lessee had been able to make anything out of the bargain. In his very last letter to Devonshire Chichester said Tyrone was discontented and always would be, but he could see no better reason for his discontent than that he had lost ‘the name of O’Neill, and some part of the tyrannical jurisdiction over the subjects which his ancestors were wont to assume to themselves.’ Davies, however, admitted that his country was quiet and free from thieves, while Tyrconnel was just the contrary. Tyrone complained that officials of all kinds were his enemies, and that he was harassed beyond bearing. His fourth wife, Catherine Magennis, was known to be on bad terms with him, and he had threatened to repudiate her. She ‘recounted many violences which he had used and done to her in his drunkenness,’ and wished to leave him, but resisted any attempt at an ecclesiastical divorce. Chichester admitted that it was ‘a very uncivil and uncommendable part to feed the humour of a woman to learn the secrets of her husband,’ but gunpowder plots were an exception to every rule, and he thought himself justified in hunting for possible Irish ramifications by equally exceptional means. James Nott, employed by Tyrone as secretary or clerk, had a pension for bringing letters to the Government. Sir Toby Caulfield was directed to see Lady Tyrone, and to examine her on oath. She repeated her charges of ill-treatment and declared that she was the last person in whom her husband would confide, but that in any case she would do nothing to endanger his life. She expressed her belief that Tyrone had no dealings with the English recusants, but that he was discontented with the Government: Tyrconnel depended on him, and that nearly all the Ulster chiefs were on good terms with the two earls. Lady Tyrone continued to live, not very happily, with her husband for many years, during which his habits did not improve. Sir Dudley Carleton, the English ambassador at Venice, reported in 1614 that ‘Tyrone while he is his own man is always much reserved, pretending ever his desire of your Majesty’s grace, and by that means only to adoperate his return into his country; but when he is vino plenus et irâ (as he is commonly once a night, and therein is veritas) he doth then declare his resolute purpose to die in Ireland; and both he and his company do usually in that mood dispose of governments and provinces, and make new commonwealths.’ Nothing seriously affecting Tyrone’s relations with the State happened until August 1607, when Chichester informed him that both he and O’Cahan were to go to England, where their differences would be decided by the King himself. Sir John Davies was warned to be in readiness to accompany them.[33 - Davies to Cecil, December 8, 1604; Chichester to Devonshire, February 26, 1605-6, endorsing Caulfield’s report; to Devonshire, April 23; to the Privy Council, August 4, 1607; examination of Sir Neill O’Neill, August 7, 1606 (State Papers, Ireland); Carleton to James I., March 18/28, 1614, in Hist. MSS. Comm. (Buccleuch), 1899.]

The Maguires

Maguire at Brussels

A ship hired with Spanish money

Tyrone’s farewell

After the death of Hugh Maguire in 1600 his brother Cuconnaught, whom Chichester describes as ‘a desperate and dangerous young fellow,’ was elected chief in his stead. The English Government decided to divide Fermanagh between him and his kinsman, Connor Roe, and to this he agreed because he could not help it, but without any intention of resting satisfied. Spanish ships often brought wine to the Donegal coast, and communications were always open through these traders. In August 1606 Tyrconnel and O’Boyle inquired of some Scotch sailors as to the fitness of their little vessel for the voyage to Spain, but Chichester could not believe that he had any idea of flight, and supposed that he was only seeking a passage for Maguire. The latter found a ship after some delay, and was at the Archduke Albert’s court by Whitsuntide in 1607. While at Brussels he associated with Tyrone’s son Henry, who commanded an Irish regiment 1,400 strong. Sir Thomas Edmondes had tried to prevent this appointment two years before, but the Archduke succeeded in getting it approved by James I. The Gunpowder Plot had not then been discovered, and Devonshire’s influence was paramount in all that concerned Ireland. Tyrone sometimes professed himself anxious to bring his son home, but in other company he boasted of the young man’s influence at the Spanish court and of his authority over the Irish abroad. The Archduke now gave Maguire a considerable sum of money, with which he went to Rouen, bought or hired a ship, of which John Bath of Drogheda had the command, and put into Lough Swilly about the end of August. The ship carried nets and was partly laden with salt, under colour of fishing on the Irish coast. Tyrone was with Chichester at Slane on Thursday, August 28 (old style), conferring with him about his intended visit to England. Here he received a letter telling him of Maguire’s arrival, and on Saturday he went to Mellifont, which he left next day after taking leave of his friend, Sir Garrett Moore. He ‘wept abundantly, giving a solemn farewell to every child and every servant in the house, which made them all marvel, because in general it was not his manner to use such compliments.’ It was afterwards remembered that his farewell to Chichester also was ‘more sad and passionate than was usual with him.’ On Monday he passed through Armagh to a house of his own near Dungannon, and there rested two nights. On Wednesday he crossed the Strabane mountains, and appears to have remained in the open during the night. During this day’s journey, says Davies, ‘it is reported that the Countess, his wife, being exceedingly weary, slipped down from her horse, and, weeping, said she could go no further; whereupon the Earl drew his sword, and swore a great oath that he would kill her on the place if she would not pass on with him, and put on a more cheerful countenance withal.’ On Thursday morning they reached Burndennet, near Lifford. The Governor asked him and his son to dinner, but he perhaps feared detention, and pushed on during the afternoon and night to Rathmullen, where the French ship was lying. Tyrconnel had already arrived, and they appear to have sailed the next morning. Chichester afterwards discovered that O’Cahan wished to go too, but was unable to join the others in time.[34 - Examination of Gawen Moore and William Kilmeny, mariners of Glasgow, August 30, 1606; Chichester to Salisbury, September 12, with enclosures; examination of John Loach, under 1607, No. 493; Davies to Salisbury, September 12, 1607; notes to O’Donovan’s Four Masters under 1607; Meehan, chap. iv. As to O’Cahan see Chichester’s statement calendared at 1608, No. 98.]

Departure of Tyrone, Tyrconnel, and Maguire

Ninety-nine persons sailed in the vessel which carried Tyrone, Tyrconnel, and Maguire. Among the O’Neills were Lady Tyrone, her three sons Hugh, John, and Brian, and Art Oge, the son of Tyrone’s brother Cormac. Among the O’Donnells were Tyrconnel’s brother Caffar, with his wife Rose O’Dogherty, and his sister Nuala, who had left her husband Neill Garv. What, the Irish annalists ask, might not the young in this distinguished company have achieved if they had been allowed to grow up in Ireland? ‘Woe to the heart that meditated, woe to the mind that conceived, woe to the council that decided the project of their setting out on this voyage without knowing whether they should ever return to their native principalities or patrimonies to the end of the world.’

Sir Cormac MacBaron