Bacon advises a wary policy,
but does not persuade St. John,
who tries to enforce the oath of supremacy.
Bacon was of a different opinion from Carew. The late Lords Justices had been mainly concerned with Limerick and Kilkenny, where they saw the difficulty but suggested no remedy, ‘rather warily for themselves than agreeably to their duties and place.’ Bacon himself was for proceeding very warily. He was against tendering the oath of supremacy to these town magistrates at all, and in favour of trusting to gradual remedies. The plantation of Protestant settlers, he said, ‘cannot but mate the other party in time’ if accompanied by the establishment of good bishops and preachers, by improvement of the new college, and by the education of wards. These were the natural means, and if anything stronger was necessary it should be done by law and not by force. And only one town should be taken in hand at a time so as not to cause panic. St. John himself was in favour of a general attack on the municipalities who refused to elect mayors or recorders, and of carrying this policy out to its logical consequences, otherwise he said the State would only spin and unspin. It was resolved to proceed in the case of Waterford by legal process as Bacon had advised. Before the end of 1615 a decree was obtained in Chancery for forfeiture of the charter, unless the corporation surrendered under seal by a certain day. In July 1616, over six months after the appointed time, Alexander Cuffe refused to take the oath of supremacy as mayor, and at the end of the year this matter was referred to the English Privy Council. In the dearth of magistrates there was no regular gaol delivery and the criminal law was at a standstill; but it was not till October 1617 that the Earl of Thomond and Chief Justice Jones, sitting as special commissioners, obtained a verdict from a county of Waterford jury ‘even as the King’s counsel drew it.’ As late as May 1618 the forfeiture was not complete, and the citizens were allowed to send agents to England. The charter was surrendered in the following year, and Waterford, ‘of whose antiquity and fidelity,’ in Docwra’s language, ‘the citizens were wont to brag, reduced to be a mere disfranchised village.’ And so it remained until the end of the reign.[138]
The Waterford charter is forfeited,
but a Protestant corporation is unobtainable.
The citizens of Waterford valued their charter, but the oath of supremacy was too high a price to pay, and they refused to make even a show of conformity, ‘preferring to sit still and attend whatever course the King directs.’ Local magistrates were therefore unobtainable, and James suggested that fitting persons should be imported from England. The Irish Government liked the idea, and suggested that thirty families, worth at least 500l. each, should be induced to settle. They were not to be violent or turbulent folk but able to furnish magistrates, and two ruined abbeys near the river might be assigned for their reception. If the owners took advantage of the situation to exact high prices, the Government would reduce them to reason. The mayor and aldermen of Bristol were accordingly invited by the English Privy Council to fill the gap, but after a month’s inquiry they were unable to find anyone who was willing to inhabit Waterford upon the terms proposed.[139]
Fresh plantations undertaken.
The Wexford case.
The people weary of Irish tenures.
When Sir William Jones was made Chief Justice of Ireland in the spring of 1617, Lord Keeper Bacon advised him to ‘have special care of the three plantations, that of the North which is in part acted, that of Wexford which is now in distribution, and that of Longford and Leitrim which is now in survey. And take it from me that the bane of a plantation is, when the undertakers or planters make such haste to a little mechanical present profit, as disturbeth the whole frame and nobleness of the work for times to come. Therefore hold them to their covenants, and the strict ordinances of plantation.’ Seven years had then passed since the Wexford project had been first mooted, and many difficulties had arisen. The lands in question comprised the northern part of Wexford county, with a small strip in Carlow and Wicklow, partly inhabited by representatives of ancient settlers or modern grantees, but more largely by Kinsellaghs, Kavanaghs, Murroes, Macdamores, and Macvadocks, who, as Chichester said, ‘when the chief of the English retired themselves upon the discord of the houses of Lancaster and York crept into the woody and strong parts of the same.’ The most important person among the English was Sir Richard Masterson of Ferns, whose family had been long connected with the district, and who had an annuity of 90l. out of it by Queen Elizabeth’s grant. Walter Synnott had a similar charge of 20l., and both received some other chief rents. The Commissioners who visited Ireland in 1613 reported that the tract contained 66,800 acres in the baronies of Gorey, Ballaghkeen, and Scarawalsh stretching from the borders of Carlow to the sea and from Arklow to somewhere near Enniscorthy, along the left bank of the Slaney, besides much wood, bog, and mountain. Many of the inhabitants were tired of disorder, though they had been followers of ‘the Kavanaghs and other lewd persons in time of rebellion,’ and were willing to give up lands of which they had but an uncertain tenure, and to receive them back in more regular form. They claimed their lands by descent, and not by tanistry, but the descent was in Irish gavelkind and the subdivision had therefore been infinite. The investigation of their titles followed, during which it was discovered that the whole territory was legally vested in the King. Art MacMurrough Kavanagh and other chiefs surrendered their proprietary rights to Richard II. who undertook to employ them in his wars, and to give them an estate of inheritance in all lands they could conquer from rebels. Art himself was to receive an annuity of 80 marks, which was actually paid for some years. The chiefs did homage, and then the King granted the whole territory in question to Sir John Beaumont, excepting any property belonging to the Earl of Ormonde and certain other grantees, and to the Church. Beaumont’s interest became vested in Francis Lord Lovel, who disappeared at the battle of Stoke and whose attainder brought all his possessions to the Crown.[140]
Opposition of Wexford landowners.
The dissatisfaction is general.
The lively proceedings in Parliament during the spring of 1613 drew attention to Ireland and to the Wexford plantation, among other things there. Walter Synnott took the lead among the petitioners who visited London, and the result was a particular reference of the Wexford case to the Commissioners sent over to inquire into Irish grievances. Even with their report before us it is not easy to understand all the details. The Commissioners say that 35,210 acres, or more than half of the whole territory, were assigned to Sir Richard Masterson, but in the schedule the figure is only 16,529. The general result was that 12,000 acres were declared without owners, and these it was intended to divide among certain military officers. Fifty-seven natives became freeholders under the scheme, of which only twenty-one retained their ‘ancient houses and habitations, some of the remoter lands being given to new undertakers, and in exchange they are to have others nearer to their dwellings, at which they are discontented, saying that they are not sufficiently recompensed.’ Even the lucky ones had to give up part of their land, while 390, who claimed small freeholds, got nothing, and all the other inhabitants, amounting to 14,500 men, women, and children, were left at the will of the patentees, ‘though few are yet removed.’ The new undertakers declared that they would disturb no one except in so far as was necessary to make demesnes about the castles which they were bound to build, Masterson, Synnott and others being ready to let lands to them