Parliament meets.
Contest for the Speakership.
Violent proceedings in the Commons.
Sir John Davies is elected.
Parliament met in the Castle on May 18. The discontented lords and gentlemen had brought armed retinues with them, and the Government thought that no open building would be safe. As the Recusant lords refused to attend, nothing could happen in the Upper House; but in the Commons there was an immediate trial of strength over the election of Speaker. Sir John Davies had been returned for Fermanagh, and the Protestant party at once accepted him as the Government candidate; while the Opposition were for Sir John Everard, member for Tipperary. Everard was a lawyer of high character who had been second Justice of the King’s Bench and had resigned early in 1607 rather than take the oath of supremacy. Thomas Ridgeway, the Vice-Treasurer, who sat for Tyrone, proposed Davies as the fittest person and as recommended by the King himself, and the majority assented by acclamation; but Sir James Gough, member for Waterford county, proposed Everard, and was seconded by Sir Christopher Nugent, who represented Westmeath. Gough objected to all the new boroughs and to all members who were not resident in the places which returned them; and William Talbot, member for Kildare, who had been removed from the recordership of Dublin for refusing the oath of supremacy, moved that the House should be purged from unlawful members before a Speaker was chosen. Sir Oliver St. John, Master of the Ordnance, who had been returned for Roscommon, thereupon remarked that he had sat in several English Parliaments, and that a Speaker must be chosen before election committees could be appointed. The practice in England was for the ‘Ayes’ to go out and for the ‘Noes’ to remain within. ‘All you,’ he said, ‘that would have Sir John Davies to be Speaker come with me out of the House.’ The Opposition, who stayed inside, refused to name tellers, and Sir Walter Butler, his colleague in the representation of Tipperary, placed Everard in the chair, where he was held down by Sir Daniel O’Brien of Clare and Sir William Burke of Galway. Ridgeway and Wingfield then offered to tell for both sides, but the Opposition gathered together ‘in a plumpe’ so that they could not be counted. As the majority returned the tellers called the numbers out loud, and 127 were found to be for Davies, which was a clear majority in a possible 232. St. John called upon Everard to leave the chair, but he sat still; whereupon the tellers placed Davies in his lap, and afterwards ejected him with some show of force. It was pretended that great violence was used, but an eye-witness declared that there was none—‘not so much as his hat was removed on their Speaker’s head.’ The defeated party then walked out, and Talbot said, ‘Those within are no House; and Sir John Everard is our Speaker, and therefore we will not join with you, but we will complain to my Lord Deputy and the King, and the King shall hear of this.’ The outer door having been locked during the division, Burke and Nugent re-entered to demand the keys. Davies invited them to take their seats; and when the door was opened, Everard and all his party left the Castle, declaring that they would return no more.[103]
Continued opposition of the Recusant Lords,
and Commons,
who refuse to attend the House.
Speeches of Sir John Davies.
The Tudors held Parliaments for special objects.
King James I. to hold a real Parliament in Ireland.
Davies praises Chichester.
And flatters James.
On the following day the Roman Catholic lords wrote to the King reiterating their arguments, avoiding the name of Parliament, which they called an intended action, and repeating the thinly veiled threats of their former letter. The Opposition in the House of Commons wrote in somewhat the same strain to the English Council, maintaining that Everard was the real Speaker, and that he had been forcibly put out. During the next two days they sent three petitions to the Lord Deputy. In the first they begged to be excused attendance for fear of their lives, and asked to see the official documents relating to the late elections. In the second they declared themselves ready to attend if they might be assured that their lives were safe, and that they should have an opportunity of questioning improper returns. Chichester granted this, and said he would be ready in the House of Lords to receive their Speaker. The Lower House met at nine on the morning of the 21st, but the Opposition refused to attend, and demanded the exclusion of the members to whose return they objected. Having exhausted all methods of persuasion, Chichester came down to the Lords, and the House of Commons were summoned to attend. Davies had in the meantime briefly returned thanks for his election, modestly depreciating his own fitness but enlarging upon the wisdom of those who had chosen a spokesman to represent them; ‘for the tower of Babel may be an example to all assemblies that where there is a confusion of tongues, great works can never go well forward.’ After the Lord Deputy had approved him as Speaker, Davies made a much longer speech, in which he traced the history of Parliaments in Ireland, showing how partial their nature and effects had hitherto been. During the later Middle Ages Ireland outside the Pale had not been within the scope of the Constitution, and since Henry VII. the few Parliaments summoned had been upon special occasions. Henry VIII. had held two, one for attainting the Geraldines and for abolishing the Pope’s title, the other for turning the lordship into a kingdom and for suppressing the abbeys. The object of Mary’s Parliament was to settle Leix and Offaly in the Crown, thus introducing the policy which Elizabeth had followed up. The establishment of the reformed Church, the declaration of the Crown’s title to Ulster, and the forfeitures which followed the attainder of Desmond and Baltinglas had occupied the great Queen’s three Parliaments. Now, under James, a representation of the whole kingdom was attempted for the first time, and general legislation would be taken in hand. As to the new boroughs, Davies argued that, as Mary had created two and Elizabeth seventeen counties, the right to make boroughs could hardly be denied to King James. He had made about forty, and the proportion of boroughs to counties was still less than it had been before Mary’s creations. As to the peers, there were now none who did not fully acknowledge the King; and no see was without a bishop appointed by him. Davies concluded his speech with some well-deserved praise of Chichester and with much bare-faced flattery of James. He had sung the virtues of Elizabeth in courtly verse; for he knew her weak point, in spite of which she was one of the greatest and wisest sovereigns that the world has seen. That might be excused, but a man of the Attorney-General’s attainments ought to have been above describing James as ‘the greatest and best king that now reigneth upon the face of the earth … whose worthiness exceeds all degrees of comparison.’[104]
Patience of Chichester.
The Opposition send delegates to the King,
and the Deputy follows suit.
Frequent prorogations follow.
If Chichester had chosen to take advantage of the refusal of the Opposition to attend in either House, he might have made any laws he pleased. As it was, he showed the greatest patience. The Lord Chancellor, with the bishops and four temporal peers, came to the Upper House, but no one else appeared; and eleven Recusants sent their reasons in writing for staying away. Two days later the seceders were summoned by proclamation in order to pass a Bill for the recognition of the King’s title. The Recusants acknowledged this in writing, but refused to appear, though the Lord Deputy promised that no other business should be taken in hand, and contented themselves with sending delegates to represent their grievances to the King. A general levy of money to defray expenses was made all over Ireland, ‘whereunto the Popish subjects did willingly condescend’; but when this came to James’s ears, he ordered it to be forbidden by proclamation. The deputation, to whose departure Chichester made no objection, consisted of Lords Gormanston and Dunboyne,