Case for the Irish Government.
Distinction between native and Anglo-Irish Catholics.
Thomond and his associates were instructed by Chichester to point out that many of the Irish candidates for parliamentary honours had been in actual rebellion, that some could speak no English, and that ‘all were elected by a general combination and practice of Jesuits and priests, who charged all the people, upon pain of excommunication, not to elect any of the King’s religion.’ They were to tell the Council in the petitioners’ presence that at a conference with Tyrone and his Irish allies when they thought they were going to conquer Ireland, ‘he and the rest of the Irish did solemnly declare and publish, that no person of what quality or degree soever being descended of English race, birth or blood, though they came in with the conquest, and were since degenerated and become Irish by alteration of name and customs, should inherit or possess a foot of land within the kingdom,’ and that Celtic owners could be found for all. When asked what was to happen to their Anglo-Irish allies, they answered that they might stay as vassals or labourers, ‘and if they liked not thereof they might depart the kingdom.’ Among those elected, or by the petitioners supposed to be elected, were a son-in-law of Tyrone’s and many other rebels, and among the candidates were another son-in-law and a half-brother of the arch-traitor, with many more of the same wicked crew, ‘for they would have Barabbas and exclude Jesus.’ Chichester saw clearly that the position and interests of those who were English in everything but religion differed fundamentally from those of the native Irish, and in the wars of the next generation the distinction became apparent to all.[111]
The King gives frequent audiences.
Talbot in the Tower.
Luttrell in the Fleet.
Suarez repudiated.
The original deputation from the Irish Opposition consisted of six persons, but James had declared his willingness to see twelve, and the additional number who came was considerably greater, six peers and fourteen commoners, including Everard, Barnewall and Thomas Luttrell. The latter sat for the county of Dublin and had been prominent, or in official language turbulent and seditious, during the late short session. James heard the deputation in Council several times during the month of July, ‘while they did use daily to frequent their secret conventicles and private meetings, to consult and devise how to frame plaintive articles against the Lord Deputy.’ Under these circumstances it is not surprising that the King found it hard to come to a decision, and when he went on progress to the west towards the end of the month he reserved judgment. Before this, however, Talbot was sent to the Tower for not condemning with sufficient clearness the opinions of the Jesuit Suarez, as to the deposition and murder of kings. That murder was not lawful he had no doubt, but thought that deposition might be, and he said this in the King’s presence. Luttrell lay for nearly three months in the Fleet for the same reason, when he made submission in writing. Sir Patrick Barnewall, whose loyalty was undisputed, and who had had enough of the Tower, found no difficulty in repudiating the doctrines of Suarez and Parsons as ‘most profane, impious, wicked, and detestable … that His Majesty or any other sovereign prince, if he were excommunicated by the Pope, might be massacred or done away with by his subjects or any other.’ As for his own king he firmly held that all his Highness’s subjects should spend their lives and properties to defend him and his kingdoms, ‘notwithstanding any excommunication or any other act which is or may be pronounced or done by the Pope against him.’ Talbot’s submission was less complete, and he remained in the Tower for over a year.[112]
The rival Churches.
Suggestions by the Commissioners.
Military irregularities.
Abuses by sheriffs.
The first thing that struck the Commissioners was the general neglect of true religion, the ministers and preachers being insufficient both in number and quality, and the churches for the most part ruinous. There were, however ‘a multitude of Popish schoolmasters, priests, friars, Jesuits, seminaries of the adverse Church authorised by the Pope and his subordinates for every diocese, ecclesiastical dignity, and living of note,’ who were resident, and who lost no opportunity of execrating the reformed faith, being supported and countenanced by the native nobility. Of the magistrates, sheriffs, and other officials many were Roman Catholics, and the priesthood was constantly recruited from seminaries in Spain and Belgium. The Commissioners could only recommend the ruthless enforcement of ecclesiastical conformity. All should be driven to church or punished, Popish schools suppressed, and priests weeded out, able and religious schoolmasters being provided, while ‘idle and scandalous ministers’ gave place to well paid and conscientious successors. All this was neither very original nor very practical, and the report is more to the purpose where remediable evils are dealt with. Extortions by soldiers were loudly complained of, and not altogether denied by Chichester, though he declared that he had taken the greatest care to prevent them, and though he was ready to pay three times the value if it could be proved that he had taken ‘of the value of a hen’ wrongfully during his eight years’ government. The Commissioners found that billeted soldiers did exact money from the people at the rate of about three shillings a night for a footman besides meat and drink, and that they sometimes took cattle or goods in default of payment, ‘whereby breach of peace and affrays are occasioned.’ The viceregal warrant always required them to march straight from point to point, but they sometimes went round on purpose to gain more time at free quarters. There were many other similar disorders and oppressions, yet it did not appear that applications were often made to the Lord Deputy, ‘who upon their complaints hath given order for redress of such grievances as hath been manifested unto us.’ On the other hand aggrieved parties pleaded that they were afraid to provoke the enmity of the soldiers by complaining, and that remedies cost more than they were worth, though they admitted that Chichester was ‘swift of despatch and easy of access.’ The Lord Deputy said no sheriffs were made who had not property in their shires, ‘and if such who are of better estates are omitted it is for their recusancy,’ but the Commissioners found that many had none, either there or elsewhere, that they gathered crown rents and taxes in an irregular manner, and that they were guilty of other minor extortions, ‘the reason whereof being affirmed to be that in the civillest counties in the English Pale and in other counties there are found very few Protestants that are freeholders of quality fit to be sheriffs, and that will take the oath of supremacy as by the laws they ought to do, and by the Lord Deputy’s order no sheriff is admitted till he enter into sufficient bond for answering his accounts.’[113]
Ploughing by the tail.
Prevalence of the practice.
Its cruelty
and long continuance.
One grievance there was which deserves special mention, because its history shows how even the most obvious and reasonable reform may be resented when it involves a change in the habits of country people. It had long been the custom, especially in Ulster, to till rough ground by attaching a very short plough, which might be lifted over an obstacle, to the tails of ponies walking abreast. This was prohibited by Order in Council in 1606, the penalty being the forfeiture of one animal for the first year, two for the second, and for the third the whole team. No attempt was made to enforce this until 1611, when Captain Paul Gore, to whose company arrears were due since O’Dogherty’s rebellion, obtained leave to pay himself by realising the penalty for a year in one or two counties. Chichester consented, but limited the fine to ten shillings for each plough. The fine, smaller or greater, was often paid, but did not have the desired effect. Gore no doubt made a good bargain, for