[Footnote 1: Froude, vol. xi. p.264.]

This was the last act of these two lords justices. Sir John Perrot, the new viceroy, made a speech which sent a ray of hope athwart the national gloom. It was simply that the people might thenceforth expect a little justice and protection. He told the natives that 'as natural-born subjects of her majesty she loved them as her own people. He wished to be suppressed and universally abolished throughout the realm the name of a churle and the crushing of a churle; affirming that, however the former barbarous times had desired it and nourished it, yet he held it tyrannous both in name and manner, and therefore would extirpate it, and use in place of it the titles used in England, namely, husbandmen, franklins or yeomen.' 'This was so plausible,' wrote Sir G. Fenton, 'that it was carried throughout the whole realm, in less time than might be thought credible, if expressed.'

The extirpation of the Munster Geraldines, in the right line, according to the theory of the 'Undertakers' and the law of England in general, vested in the queen the 570,000 acres belonging to the late earl. Proclamation was accordingly made throughout England, inviting 'younger brothers of good families' to undertake the plantation of Desmond—each planter to obtain a certain scope of land, on condition of settling thereupon so many families—'none of the native Irish to be admitted' Under these conditions, Sir Christopher Hatton took up 10,000 acres in Waterford; Sir Walter Raleigh 12,000 acres, partly in Waterford and partly in Cork; Sir William Harbart, or Herbert, 13,000 acres in Kerry; Sir Edward Denny 6,000 in the same county; Sir Warren St. Leger, and Sir Thomas Norris, 6,000 acres each in Cork; Sir William Courtney 10,000 acres in Limerick; Sir Edward Fitton 11,500 acres in Tipperary and Waterford, and Edmund Spenser 3,000 acres in Cork, on the beautiful Blackwater. The other notable Undertakers were the Hides, Butchers, Wirths, Berkleys, Trenchards, Thorntons, Bourchers, Billingsleys, &c. Some of these grants, especially Raleigh's, fell in the next reign to Richard Boyle, the so-called 'great Earl of Cork '—probably the most pious hypocrite to be found in the long roll of the 'Munster Undertakers.'



CHAPTER V.

AN IRISH CRUSADE.

In 1602, the Lord Deputy Mountjoy, in obedience to instructions from the Government in London, marched to the borders of Ulster with a considerable force, to effect, if he could, the arrest of Hugh O'Neill, Earl of Tyrone, or to bring him to terms. Since the defeat of the Irish and Spanish confederacy at Kinsale, O'Neill comforted himself with the assurance that Philip III. would send another expedition to Ireland to retrieve the honour of his flag, and avenge the humiliation it had sustained, owing to the incompetency or treachery of Don Juan d'Aquila. That the king was inclined to aid the Irish there can be no question; 'for Clement VIII., then reigning in the Vatican, pressed it upon him as a sacred duty, which he owed to his co-religionists in Ireland, whose efforts to free themselves from Elizabeth's tyranny, the pontiff pronounced to be a crusade against the most implacable heretic of the day.'[1]

[Footnote 1: Fate and Fortunes of the Earls of Tyrone and Tyrconnell. By the Rev. P.C. Meehan, M.R.I.A.]

If Mr. Meehan's authorities may be relied upon, Queen Elizabeth was, in intention at least, a murderer as well as a heretic. He states that while she was gasping on her cushions at Richmond, gazing on the haggard features of death, and vainly striving to penetrate the opaque veil of the future, she commanded Secretary Cecil to charge Mountjoy to entrap Tyrone into a submission, on diminished rank as Baron of Dungannon, and with lessened territory; or if possible, to have his head, before engaging the royal word. It was to accomplish either of these objects, that Mountjoy marched to the frontier of the north. 'Among those employed to murder O'Neill in cold blood, were Sir Geoffry Fenton, Lord Dunsany, and Henry Oge O'Neill. Mountjoy bribed one Walker, an Englishman, and a ruffian calling himself Richard Combus, to make the attempt, but they all failed.'[1] Finding it impossible to procure the assassination of 'the sacred person of O'Neill, who had so many eyes of jealousy about him,' he wrote to Cecil from Drogheda, that nothing prevented Tyrone from making his submission but mistrust of his personal safety and guarantee for maintenance commensurate to his princely rank. The lords of Elizabeth's privy council empowered Mountjoy to treat with O'Neill on these terms, and to give him the required securities. Sir Garret Moore and Sir William Godolphin were entrusted with a commission to effect this object. But while the lord deputy, with a brilliant retinue, was feasting at Mellifont, a monastery bestowed by Henry VIII. on an ancestor of Sir Garret Moore, by whom it was transformed into a 'fair mansion,' half palace, half fortress, a courier arrived from England, announcing the death of the queen. Nevertheless the negotiations were pressed on in her name, the fact of her decease being carefully concealed from the Irish. Tyrone had already sent his secretary, Henry O'Hagan, to announce to the lord deputy that he was about to come to his presence. Accordingly on March 29, he surrendered himself to the two commissioners at Tougher, within five miles of Dungannon. On the following evening he reached Mellifont, when, being admitted to the lord deputy's presence, 'he knelt, as was usual on such occasions;' and made penitent submission to her majesty. Then, being invited to come nearer to the deputy, he repeated the ceremony, if we may credit Fynes Moryson, in the same humiliating attitude, thus:—

'I, Hugh O'Neill, Earl of Tyrone, do absolutely submit myself to the queen's mercy, imploring her gracious commiseration, imploring her majesty to mitigate her just indignation against me. I do avow that the first motives of my rebellion were neither malice nor ambition; but that I was induced by fear of my life, to stand upon my guard. I do therefore most humbly sue her majesty, that she will vouchsafe to restore to me my former dignity and living. In which state of a subject, I vow to continue for ever hereafter loyal, in all true obedience to her royal person, crown, and prerogatives, and to be in all things as dutifully conformable thereunto as I or any other nobleman of this realm is bound by the duty of a subject to his sovereign, utterly renouncing the name and title of O'Neill, or any other claim which hath not been granted to me by her majesty. I abjure all foreign power, and all dependency upon any other potentate but her majesty. I renounce all manner of dependency upon the King of Spain, or treaty with him or any of his confederates, and shall be ready to serve her majesty against him or any of his forces or confederates. I do renounce all challenge or intermeddling with the Uriaghts, or fostering with them or other neighbour lords or gentlemen outside my country, or exacting black-rents of any Uriaghts or bordering lords. I resign all claim and title to any lands but such as shall now be granted to me by her majesty's letters patent. Lastly, I will be content to be advised by her majesty's magistrates here, and will assist them in anything that may tend to the advancement of her service, and the peaceable government of this kingdom, the abolishing of barbarous customs, the clearing of difficult passes, wherein I will employ the labours of the people of my country in such places as I shall be directed by her majesty, or the lord deputy in her name; and I will endeavour for myself and the people of my country, to erect civil habitations such as shall be of greater effect to preserve us against thieves, and any force but the power of the state.'

[Footnote 1: See Life and Letters of Florence M'Carthy. By D. M'Carthy, Esq.]

To this act of submission Tyrone affixed his sign manual, and handed it to the deputy, who told him he must write to Philip III. of Spain, to send home his son Henry, who had gone with Father M'Cawell to complete his studies in Salamanca. The deputy also insisted that he should reveal all his negotiations with the Spanish court, or any other foreign sovereign with whom he maintained correspondence; and when the earl assured him that all these requirements should be duly discharged, the lord deputy in the queen's name promised him her majesty's pardon to himself and followers, to himself the restoration of his earldom and blood with new letters patent of all his lands, excepting the country possessed by Henry Oge O'Neill, and the Fews belonging to Tirlough Mac Henry O'Neill, both of whom had recently taken grants of their lands, to be holden immediately from the queen. It was further covenanted that Tyrone should give 300 acres of his land to the fort of Charlmont, and 300 more to that of Mountjoy, as long as it pleased her majesty to garrison said forts. Tyrone assented to all these conditions, and then received the accolade from the lord deputy, who, a few months before, had written to Queen Elizabeth, that he hoped to be able to send her that ghastliest of all trophies—her great rebel's head!

On April 4, the lord deputy returned to Dublin accompanied by the great vassal whom he fancied he had bound in inviolable loyalty to the English throne. To make assurance doubly sure, the day after James was proclaimed, Tyrone repeated the absolute submission made at Mellifont, the name of the sovereign only being changed. He also despatched a letter to the King of Spain stating that he had held out as long as he could, in the vain hope of being succoured by him, and finally when deserted by his nearest kinsmen and followers, he was enforced as in duty bound to declare his allegiance to James I., in whose service and obedience he meant to live and die.

The importance of this act of submission will appear from a manifesto issued by O'Neill three years before, dated Dungannon, November 16, 1599, and subscribed 'O'Neill.' This remarkable document has been published for the first time by Father Meehan.

'To the Catholics of the towns in Ireland.

'Using hitherto more than ordinary favour towards all my countrymen, who generally by profession are Catholics, and that naturally I am inclined to affect [esteem] you, I have for these and other considerations abstained my forces from tempting to do you hindrance, and because I did expect that you would enter into consideration of the lamentable state of our poor country, most tyrannically oppressed, and of your own gentle consciences, in maintaining, relieving and helping the enemies of God and our country in wars infallibly tending to the promotion of heresy: But now seeing you are so obstinate in that which hereunto you continued of necessity, I must use severity against you (whom otherwise I most entirely love) in reclaiming you by compulsion. My tolerance and happy victories by God's particular favour doubtless obtained could work no alteration in your consciences, notwithstanding the great calamity and misery, whereunto you are most likely to fall by persevering in that damnable state in which hereunto you have lived. Having commiseration on you I thought it good to forewarn you, requesting every of you to come and join with me against the enemies of God and our poor country. If the same you do not, I will use means to spoil you of all your goods, but according to the utmost of my power shall work what I may to dispossess you of all your lands, because you are the means whereby wars are maintained against the exaltation of the Catholic faith. Contrariwise, whosoever it shall be that shall join with me, upon my conscience, and as to the contrary I shall answer before God, I will employ myself to the utmost of my power in their defence and for the extirpation of heresy, the planting of the Catholic religion, the delivery of our country of infinite murders, wicked and detestable policies by which this kingdom was hitherto governed, nourished in obscurity and ignorance, maintained in barbarity and incivility, and consequently of infinite evils which were too lamentable to be rehearsed. And seeing these are motives most laudable before any men of consideration, and before the Almighty most meritorious, which is chiefly to be expected, I thought myself in conscience bound, seeing God hath given me some power to use all means for the reduction of this our poor afflicted country into the Catholic faith, which can never be brought to any good pass without either your destruction or helping hand; hereby protesting that I neither seek your lands or goods, neither do I purpose to plant any in your places, if you will adjoin with me; but will extend what liberties and privileges that heretofore you have had if it shall stand in my power, giving you to understand upon my salvation that chiefly and principally I fight for the Catholic faith to be planted throughout all our poor country, as well in cities as elsewhere, as manifestly might appear by that I rejected all other conditions proffered to me this not being granted. I have already by word of mouth protested, and do now hereby protest, that if I had to be King of Ireland without having the Catholic religion which before I mentioned, I would not the same accept. Take your example by that most Catholic country, France, whose subjects for defect of Catholic faith did go against their most natural king, and maintained wars till he was constrained to profess the Catholic religion, duly submitting himself to the Apostolic See of Rome, to the which doubtless we may bring our country, you putting your helping hand with me to the same. As for myself I protest before God and upon my salvation I have been proffered oftentimes such conditions as no man seeking his own private commodity could refuse; but I seeking the public utility of my native country will prosecute these wars until that generally religion be planted throughout all Ireland. So I rest, praying the Almighty to move your flinty hearts to prefer the commodity and profit of our country, before your own private ends.'

As a crusader, the O'Neill was a worthy disciple of the King of Spain. The Catholics of the south had no wish to engage in a religious war, but the northern chief aspiring to the sovereignty of the whole island, resolved to reclaim them by compulsion, seeing that his tolerance and happy victories had worked no change in their consciences, and they still persevered in that 'damnable state' in which they had lived. From his entire love and commiseration he forewarned them that if they did not come and join him against the enemies of God and 'our poor country,' he would not only despoil them of all their goods, but dispossess them of all their lands. The extirpation of heresy, the planting of the Catholic religion, he declared could never be brought to any good pass without either the destruction or the help of the Catholics in the towns of the south and west. He did not want their lands or goods, nor did he intend to plant others in their places if they would adjoin with him. Pointing to the example of France, he vowed that he would prosecute those wars until the Catholic religion should be planted throughout all Ireland, praying that God would move their flinty hearts to join him in this pious and humane enterprise. In those times when religious wars had been raging on the continent, when the whole power of Spain was persistently employed to exterminate Protestants with fire and sword and every species of cruelty, it is not at all surprising that a chief like O'Neill, leading such a wild warlike life in Ulster, should persuade himself that he would be glorifying God and serving his country by destroying the Catholic inhabitants of the towns, that is all the most civilised portion of the community, because they would not join him in robbing and killing the Protestants. But it is not a little surprising that an enlightened, learned, and liberal Catholic priest, writing in Dublin in the year 1868, should give his deliberate sanction to this unchristian and barbarous policy. Yet Father Meehan writes: 'But no; not even the dint of that manifesto, with the ring of true steel in its every line, could strike a spark out of their hearts, for they were chalky.'[1]

[Footnote 1: Page 34.]

It was very natural that the English Government should act upon the same principle of intolerance, especially when they had the plea of state necessity. They did not yet go the length of exterminating Catholicity by the means with which the O'Neill threatened his peaceable and industrious co-religionists in the towns.

All they required was that the Catholics should cease to harbour their priests, and that they should attend the Protestant churches. Remarking upon the proclamation of Chichester to this effect Mr. Meehan says:—'Apart from the folly of the king, who had taken into his head that an entire nation should, at his bidding, apostatise from the creed of their forefathers, the publishing such a manifesto in Dungannon, in Donegal, and elsewhere was a bitter insult to the northern chieftains, whose wars were crusades,—the natural consequence of faith,—stimulated by the Roman Pontiffs, assisted by Spain, then the most Catholic kingdom in the world.' Does not Mr. Meehan see that crusading is a game at which two can play? And if wars which were crusades were the natural consequence of the Catholic faith, were stimulated by the Roman Pontiffs, and assisted by Spain, for the purpose of destroying the power of England, everywhere as well as in Ireland, and abolishing the Reformation,—does it not follow as a necessary consequence that the English Government must in sheer self-defence have waged a war of extermination against the Catholic religion, and have regarded its priests as mortal enemies? No better plea for the English policy in Ireland was ever offered by any Protestant writer than this language, intended as a condemnation, by a very able priest in our own day. It was no doubt extreme folly for King James I. to expect that a nation, or a single individual, should apostatise at his bidding; but it was equal folly in the King of Spain to expect Protestants to apostatise at his bidding; and if possible still greater folly for O'Neill to expect the Catholic citizens of Munster to join him in the bloody work of persecution. It was, then, the Spanish policy stimulated by the Sovereign Pontiff that was the standing excuse of the cruel intolerance and rancorous religious animosity which have continued to distract Irish society down to our own time. Persecution is alien to the Irish race. The malignant virus imported from Spain poisoned the national blood, maddened the national brain, and provoked the terrible system of retaliation that was embodied in the Penal Code, and which, surviving to our own time, still defends itself by the old plea—the intrusion of a foreign power attempting to overrule the government of the country.



CHAPTER VI.

THE LAST OF THE IRISH PRINCES.

The accession of James I. produced a delirium of joy in the Catholics of the south. Their bards had sung that the blood of the old Celtic monarchs circulated in his veins, their clergy told them that as James VI. of Scotland he had received supplies of money from the Roman court, and above all Clement VIII. then reigning, had sent to congratulate him on his accession, having been solicited by him to favour his title to the crown of England, which the Pope guaranteed to do on condition that James promised not to persecute the Catholics. The consequence was that the inhabitants of the southern towns rose en masse without waiting for authority, forced open the gates of the ancient churches, re-erected the altars and used them for the public celebration of worship. The lord deputy was startled by intelligence to this effect from Waterford, Limerick, Cork, Lismore, Kilkenny, Clonmel, Wexford, &c. The cathedrals, churches, and oratories were seized by the people and clergy, Father White, Vicar-Apostolic of Waterford, being the leader in this movement, going about from city to city for the purpose of 'hallowing and purifying' the temples which Protestantism had desecrated.

The mayors of the cities were rebuked by Mountjoy as seditious and mutinous in setting up 'the public exercise of the Popish religion,' and he threatened to encamp speedily before Waterford, 'to suppress insolences and see peace and obedience maintained.' The deputy kept his word, and on May 4, 1603, he appeared before Waterford at the head of 5,000 men, officered by Sir R. Wingfield, and others who had distinguished themselves during Tyrone's war. 'There is among the family pictures at Powerscourt,' says Mr. Meehan, 'a portrait of this distinguished old warrior, whose lineal descendant, the present noble lord, has always proved most generous to his Catholic tenantry.' The reverend gentleman gives an amusing sketch of a theological encounter between the old warrior and Father White and a Dominican friar, who came forth to the camp under a safe-conduct, both wearing their clerical habits and preceded by a cross-bearer. The soldiers jeered at the sacred symbol, and called it an idol. Father White indignantly resented the outrage, when Sir Richard Wingfield threatened to put an end to the controversy by running his sword through the Vicar-Apostolic. 'The deputy however was a bookish man, at one period of his life inclined to Catholicity, and he listened patiently to Father White on the right of resisting or disobeying the natural prince; but when the latter quoted some passage thereanent in the works of St. Augustine, Mountjoy caused to be brought to him out of his tent the identical volume, and showed to the amazement of the bystanders, that the context explained away all the priest had asserted.' The noble theologian told Father White that he was a traitor, worthy of condign punishment for bringing an idol into a Christian camp and for opening the churches by the Pope's authority. Father White appeared in the camp a second time that day, making a most reasonable request. He fell on his knees before the deputy, begging liberty of conscience, free and open exercise of religion, protesting that the people would be ready to resist all foreign invasion were that granted; and finally beseeching that some of the ruined churches might be given to the Catholics, who were ready to rebuild them, and pay for them a yearly rent into his majesty's exchequer. But the deputy was inexorable, and all he would grant was leave to wear clerical clothes, and celebrate mass in private houses. Mountjoy entered Waterford, received from the citizens the oath of allegiance, and made over the city churches to the small section of Protestants. At the same time he sent despatches to other towns ordering the authorities to evict the Roman Catholics from the places of worship. And then proceeding to Cork, and thence through Cashel to Dublin, he undid all that the clergy had done with respect to the churches, 'leaving perhaps to future statesmen,' writes Father Meehan, 'living above the atmosphere of effete prejudices, the duty of restoring to the Catholics of Ireland those grand old temples, which were never meant to accommodate a fragment of its people.'[1]

[Footnote 1: Page 30.]

When Mountjoy returned to Dublin he found that he had been created Lord Lieutenant of Ireland with two-thirds of the deputy's allowance, Sir George Carew, appointed deputy during his absence in England, receiving the other third together with his own pay as treasurer-at-war. Mountjoy was also informed that the royal pardon had been granted to Tyrone under the great seal, and that all other grants made to him by the lord deputy had been confirmed. The king concluded by requesting that he would induce Tyrone to go with him to London, adding, 'as we think it very convenient for our service, and require you so to do; and if not that at least you bring his son.' Along with these instructions came a protection for O'Neill and his retinue. It was supposed that James felt grateful to the Ulster chieftain for the services he had rendered him during the late queen's reign; and it is stated by Craik that after the victory of the Blackwater, he sent his secretary O'Hagan to Holyrood, to signify to his majesty that if he supplied him with money and munitions he would instantly march on Dublin, proclaim him King of Ireland, and set the crown upon his head.

In compliance with the sovereign's request, Mountjoy, with a brilliant suite, accompanied by Tyrone and Rory O'Donel, embarked in May 1603, and sailed for Holyhead. But when they had sighted the coast of Wales, the pinnace was driven back by adverse winds, and nearly wrecked in a fog at the Skerries. They landed safe, however, at Beaumaris, whence they rode rapidly to Chester, where they stopped for the night, and were entertained by the mayor. The king's protection for the O'Neill was not uncalled for. Whenever he was recognised in city or hamlet, the populace, notwithstanding their respect for Mountjoy, the hero of the hour, pursued the earl with bitter insults, and stoned him as he passed along. Throughout the whole journey to London, the Welsh and English women assailed him with their invectives. Not unnaturally, for 'there was not one among them but could name some friend or kinsman whose bones lay buried far away in some wild pass or glen of Ulster, where the object of their maledictions was more often victor than vanquished.'[1] The king, however, gave the Irish chiefs a gracious reception, having issued a proclamation that he had restored them to his favour, and that they should be 'of all men honourably received.' This excited intense disgust amongst English officers who had been engaged in the Irish wars. Thus Sir John Harrington, writing to a bishop, said: 'I have lived to see that damnable rebel, Tyrone, brought to England, honoured and well liked. Oh, what is there that does not prove the inconstancy of worldly matters! How I did labour after that knave's destruction! I adventured perils by sea and land, was near starving, eat horseflesh 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 doeth Tyrone dare us old commanders with his presence and protection.'

[Footnote 1: Father Meehan.]

In fact the favour of the king went to an excess fatal to its object, by conceding powers incompatible with his own sovereignty, leading to disorders and violence, and exciting jealousy and mortal enmity in those who were charged with the government in Ireland. The lords of the Privy Council, with the king's consent, gave O'Neill authority for martial law, 'to be executed upon any offenders that shall live under him, the better to keep them in obedience.' It was ordered that the king's garrisons should not meddle with him or his people. The king also invested O'Donel with all the lands and rights of ancient time belonging to his house, excepting abbeys and other spiritual livings, the castle and town of Ballyshannon, and 1,000 acres adjoining the fishing there. He also received the style and title of Earl of Tyrconnel, with remainder to his brother Caffar, the heirs male apparent being created Barons of Donegal. He was formally installed in Christ Church Cathedral on the 29th of September following, in presence of Archbishop Loftus and a number of high officials. Tyrone, however, was dogged by spies while he was in London, and one Atkinson swore informations to the effect that he was in the habit of entertaining a Jesuit named Archer, who was intriguing with the foreign enemies of England, and who was held by Irish royalists for 'the most bloody and treacherous traitor, who could divert Tyrone and all the rest from the king, and thrust them again into actual rebellion.'

In the meantime, Sir George Carew was pursuing a policy in Ireland which must of necessity involve the north in fresh troubles. In his letters to England, he complained that the country 'so swarmed with priests, Jesuits, seminarists, friars, and Romish bishops, that if speedy means were not used to free the kingdom of this wicked rabble, which laboured to draw the subjects' hearts from their due obedience to their prince, much mischief would burst forth in very short time. For,' he said, 'there are here so many of this wicked crew, that are able to disquiet four of the greatest kingdoms in Christendom. It is high time they were banished from hence, and none to receive, or aid, or relieve them. Let the judges and officers be sworn to the supremacy; let the lawyers go to the church and show conformity, or not plead at the bar; and then the rest by degrees will shortly follow.'

Carew was succeeded as deputy by Sir Arthur Chichester, descended from a family of great antiquity in Devon. He had served in Ireland as governor of Carrickfergus, admiral of Lough Neagh, and commander of the Fort of Mountjoy. Father Meehan describes him as malignant and cruel, with a physiognomy repulsive and petrifying; a Puritan of the most rigid character, utterly devoid of sympathy, solely bent on his own aggrandisement, and seeking it through the plunder and persecution of the Irish chieftains. That is the Irish view of his character. How far he deserved it the reader will be able to judge by his acts. He was evidently a man of strong will, an able administrator and organiser; and he set himself at once, and earnestly, to the establishment of law and order in the conquered territories of the Irish princes. He sent justices of assize throughout Munster and Connaught, reducing the 'countries or regions' into shire-ground, abolishing cuttings, cosheries, spendings, and other customary exactions of the chiefs, by which a complete revolution was effected. He issued a proclamation, by the king's order, commanding all the Catholics, under penalties, to assist at the Church of England service; proscribing priests, and other ecclesiastical persons ordained by authority from the see of Home; forbidding parents to send their children to seminaries beyond the seas, or to keep as private tutors other than those licensed by the Protestant archbishop or bishop. If any priest dared to celebrate mass, he was liable to a fine of 200 marks, and a year's imprisonment; while to join the Romish Church was to become a traitor, and to be subject to a like penalty. Churchwardens were to make a monthly report of persons absent from church, and to whet the zeal of wardens and constables, for each conviction of offending parties, they were to have a reward of forty shillings, to be levied out of the recusant's estate and goods. Catholics might escape these penalties by quitting the country, and taking the oath of abjuration, by which they bound themselves to abjure the land and realm of James, King of England, Scotland, France, and Ireland, to hasten towards a certain port by the most direct highway, to diligently seek a passage, and tarry there but one flood and ebb. According to one form, quoted by Mr. Meehan, the oath concluded thus: 'And, unless I can have it (a passage) in such a place, I will go every day into the sea up to my knees, essaying to pass over, so God me help and His holy judgment.'

The deputy found some difficulty in bending the consciences of the Dublin people to the will of the sovereign in matters of faith; but the said will was to be enforced circa sacra at all hazards; so he summoned sixteen of the chief citizens and aldermen before the Privy Council, and censured them for their recusancy, imprisoned them in the castle during pleasure, inflicting upon six a fine of 100 l. each, and upon three 50 l. each. The king was delighted with this evangelical method of extending reformed religion in Ireland. Congratulating his deputy, he expressed a hope that many, by such means, would be brought to conformity in religion, who would hereafter 'give thanks to God for being drawn by so gentle a constraint to their own good.' The 'gentle constraint' was imposed in all directions. The Privy Council decreed that none but a member of the Church of England could hold any office under the Crown. The old Catholic families of the Pale humbly remonstrated, and their chief men were flung into prison. Sir Patrick Barnwell, their agent, was sent to London by order of the king, and was forthwith committed to the Tower for contempt. Henry Usher, then Archbishop of Armagh, carried out the system of exclusion in his own diocese, which included the territories of Tyrone. All 'Papists' were forbidden to assist at mass, on pain of forfeiture of their goods and imprisonment. In a like manner, the Catholic worship was prohibited even in the residence of the Earl of Tyrconnel. He and Tyrone strongly remonstrated against this violation of the royal word, that they and their people might have liberty for their worship in private houses. The answer was decided. His majesty had made up his mind to disallow liberty of worship, and his people, whether they liked it or not, should repair to their parish churches.

In addition to this religious grievance, which excited the bitterest feelings of discontent, the two earls were subjected to the most irritating annoyances. They complained that their people were plundered by sheriffs, under-sheriffs, officers, and soldiers; and that even their domestic privacy was hourly violated, that their remonstrances were unheeded, and their attempts to obtain legal remedies were frustrated. At the same time their vassals were encouraged to repudiate their demands for tribute and rent. Bishop Montgomery of Derry was a dangerous neighbour to O'Neill. Meeting him one day at Dungannon, the earl said: 'My lord, you have two or three bishopricks, and yet you are not content with them, but seek the lands of my earldom.'

'My lord,' replied the bishop, 'your earldom is swollen so big with the lands of the Church, that it will burst if it be not vented.' If he had confined his venting operations to the chiefs, and abstained from bleeding the poor people, it would have been better for Protestantism. For we read that he sent bailiffs through the diocese of Raphoe, to levy contributions for the Church. 'For every cow and plough-horse, 4 d.; as much out of every colt and calf, to be paid twice a year; and half-a-crown a quarter of every shoemaker, carpenter, smith, and weaver in the whole country; and 8 d. a year for every married couple.'

This bishop seems to have been greatly impressed with the 'commodities' of O'Cahan's country, which he describes with much unction in a letter to the Earl of Salisbury. He said that the country was 'large, pleasant, and fruitful; twenty-four miles in length between Lough Foyle and the Bann; and in breadth, from the sea-coast towards the lower parts of Tyrone, 14 miles.' He states that O'Cahan was able to assist the Earl of Tyrone, during his war, with 1,200 foot and 300 horse, the ablest men that Ulster yielded; and, by the confession of gentlemen of the first plantation, had oftener put them to their defence than any enemy they had to do with, not suffering them to cut a bough or build a cabin without blows. When Tyrone was driven to his fastness, Glenconkeine, O'Cahan sent him 100 horse and 300 foot, and yet made good his own country against the army lying round about him, adding, that his defection 'did undo the earl, who, as he had his country sure behind him, cared little for anything the army could do to him.' The bishop was, therefore, very anxious that Tyrone should not have any estate in O'Cahan's country, 'since he was of great power to offend or benefit the poor infant city of Derry, its new bishop and people, cast out far from the heart and head into the remotest part of Ireland, where life would be unsafe until the whole region was well settled with civil subjects. If this be not brought to pass, we may say: "fuimus Troes,—fuit Ilium."'[1]

[Footnote 1: Meehan, p.79.]

The defection of O'Cahan was, no doubt, a very serious matter to O'Neill. Their case was referred for adjudication to the lord deputy, Chichester, before whom they personally pleaded. Their contradictory statements, and the eagerness of each for the support of a ruler whom they regarded as a common enemy, accounts for the facility with which their power was ultimately destroyed. They at the same time throw much light on the condition of Ulster before the confiscation of James I., proving that it was by no means so poor and wild and barren a region as it is generally represented by modern writers. The two chiefs had a personal altercation at the council table, and O'Neill so far lost his temper as to snatch a paper out of the hand of O'Cahan. Whereupon Sir John Davis remarked: 'I rest assured, in my own conceit, that I shall live to see Ulster the best reformed province in this kingdom; and as for yourself, my lord, I hope to live to see you the best reformed subject in Ireland.' To this the haughty chief replied with warmth, that he hoped 'the attorney-general would never see the day when injustice should be done him by transferring his lands to the Crown, and thence to the bishop, who was intent on converting the whole territory into his own pocket.'

Acting under the advice of the bishop, O'Cahan employed a skilful hand to draw up a statement of his case, which was presented on May 2, 1607, in the form of 'the humble petition of Donald Ballagh O'Cahan, chief of his name,' addressed to the lord deputy and council. He declared that for 3,000 years and upwards, he and his ancestors had been possessed of a country called 'O'Cahan's country,' lying between the river Bann and Lough Foyle, without paying any rent, or other acknowledgment thereof to O'Neill, saving that his ancestors were wont to aid O'Neill twice a year if he had need, with risings of 100 horse and 300 foot, for which O'Cahan had in return O'Neill's whole suit of apparel, the horse that he rode upon, and 100 cows in winter. He also paid 21 cows every year in the name of Cios'righ, the king's rent, or the king's rent-cess. He alleged that Queen Elizabeth had granted him his country to be held immediately from her majesty at the accustomed rent, by virtue of which he enjoyed it for one whole year without paying, or being craved payment, of any rent or duty, until the Earl of Tyrone, on his return from England, alleged that he had got O'Cahan's country by patent, from the king, who had made him vassal to Tyrone and his heirs for ever, imposing the annual payment of 100 cows, with the yearly rent of 200 l. He had also claimed the fishing of the Bann; he preyed yearly upon other parts of his country, and drew from him his best tenants. He therefore prayed for the protection of the lord deputy against these unjust demands and usurpations.

On the 23rd of the same month, O'Neill made a counter statement to the following effect: O'Cahan had no estate in the territory that was by a corruption of speech called O'Cahan's country; nor did he or any of his ancestors ever hold the said lands but as tenants at sufferance, servants and followers to the defendant and his ancestors. His grandfather Con O'Neill was seised in fee of those lands before he surrendered to Henry VIII., 'and received yearly, and had thereout, as much rents, cutting, spending and all other duties as of any other lands which he had in demesne,' within the province of Ulster and territory of Tyrone, and that after Con's surrender the territories were all re-granted with the rents, customs, duties, &c. as before. He was ready to prove that the ancestors of O'Cahan never enjoyed the premises at any time, but at the will and sufferance of O'Neill and his ancestors. A few days after, he despatched a memorial to the king setting forth his grievances, in which he stated that there were so many that sought to deprive him of the greatest part of the residue of his territory that without his majesty's special consideration he should in the end have nothing to support his 'estate' or rank. For the Lord Bishop of Derry, not content with the great living the king had bestowed upon him, sought to have the greater part of the earl's lands, to which none of his predecessors had ever laid claim. And he also set on others to question his titles which had never before before doubted. He therefore humbly besought the king to direct that new letters patent should be made out re-conveying to him and his heirs the lands in dispute, being, he said, 'such a favour as is appointed by your majesty to be extended to such of your subjects of this kingdom as should be suitors for the same, amongst whom I will during my life endeavour to deserve to be in the number of the most faithful, whereunto not only duty, but also your majesty's great bounty, hath ever obliged me.'

This was dated at Mellifont on May 26, 1607. It does not appear that any answer was received to his appeals to the king, nor is it likely that it served his cause, for it is seldom safe to appeal from an agent or deputy to the supreme authority. The Privy Council in Dublin, however, made a report confirming to some extent the claims put forth by Tyrone. A jury had been appointed to inquire into the boundaries and limits of the lands granted by Queen Elizabeth, and they found that they extended from the river Fuin to Lough Foyle, and from Lough Foyle by the sea-shore to the Bann, and thence to the east of Lough Neagh. Within these limits they found that there existed the territory called O'Cahan's, Glenconkeine and Killetragh, which were not the lands of the O'Neills, 'but held by tenants having estates in them equivalent to estates of freehold.' The jury could not determine what rents the tenants of said lands were accustomed to pay, but they found generally that all lands within the limits of Tyrone, except the lands of the church, rendered to O'Neill bonnaght or free quarters for armed retainers, 'rising out, cutting and spending.' The parties, however, did not abide by the decision of the privy council, but kept up their contention in the courts of law. It was quite clear that matters could not remain long in that unsettled state, with so many adventurers thirsting for the possession of land, which was lying comparatively idle. It was thought desirable to appoint a president of Ulster, as there had been a president of Munster. The Earl of Tyrone applied to the king for the office, evidently fearing that if Chichester were appointed, he must share the fate of the Earl of Desmond. On the other hand, it was felt that with his hereditary pretensions, impracticable temper, and vast influence with the people, it would be impossible to establish the English power on a permanent basis until he was got out of the way. This was not difficult, with unprincipled adventurers who were watching for opportunities to make their fortunes in those revolutionary times. Among these was a person named St. Lawrence, Baron of Howth. This man worked cunningly on the mind of the lord deputy, insinuating that O'Neill was plotting treason and preparing for a Spanish invasion. He even went so far as to write an anonymous letter, revealing an alleged plot of O'Neill's to assassinate the lord deputy. It was addressed to Sir William Usher, clerk of the council, and the writer began by saying that it would show him, though far severed from him in religion, how near he came home to him in honesty. He was a Catholic, and professed to reveal what he had heard among Catholic gentlemen, 'after the strictest conditions of secresy.' The conspirators were, in the first place, to murder or poison the lord deputy when he came to Drogheda, 'a place thought apt and secure to act the same.' They thought it well to begin with him, because his authority, wisdom, and valour stood only in the way of their first attempts. Next after him they were to cut off Sir Oliver Lambert, whom for his own judgment in the wars, his sudden resolution, and undertaking spirit, they would not suffer to live. These two lights thus put out, they would neither fear nor value any opposite in the kingdom. The small dispersed garrisons must either through hunger submit themselves to their mercy, or be penned up as sheep to the shambles. They held the castle of Dublin for their own, neither manned nor victualled, and readily surprised. The towns were for them, the country with them, the great ones abroad prepared to answer the first alarm. The Jesuits warranted from the Pope and the Catholic king would do their parts effectually, and Spanish succours would not be wanting. These secrets greatly troubled the sensitive conscience of Lord Howth. From the time he was entrusted with them, he said, 'till I resolved to give you this caveat, my eyelids never closed, my heart was a fire, my soul suffered a thousand thousand torments; yet I could not, nor cannot persuade my conscience, in honesty, to betray my friends, or spill their bloods, when this timely warning may prevent the mischief.' In conclusion, he said, 'though I reverence the mass and the Catholic religion equal with the devoutest of them, I will make the leaders of this dance know that I prefer my country's good before their busy and ambitious humours.' It is related of this twenty-second baron of Howth, known as Sir Christopher St. Lawrence, that having served in Ulster under Essex, and accompanied him in his flight to England, he proposed to murder Lord Grey de Wilton, lest he should prejudice the queen's mind against her former favourite, if he got access to her presence before him; that he had commanded a regiment of infantry under Mountjoy, and that when that regiment was disbanded, he became discontented, not having got either pension or employment; that having gone as a free lance to the Low Countries, and failed to advance himself there as he expected, through the interest of Irish ecclesiastics, he returned to England, and skulked about the ante-chambers of Lord Salisbury, waiting upon Providence, when he hit upon the happy idea of the revelations which he conveyed under the signature of' A.B.'[1]

[Footnote 1: Meehan, p.103.]

After some time he acknowledged the authorship of the letter privately, but refused to come forth publicly as an informer, nor was he able to produce any corroboration of the improbable story. Ultimately, however, when pressed by Chichester, he induced his friend Baron Devlin to swear an information to the same effect, revealing certain alleged conversations of O'Neill. In the meantime St. Lawrence cunningly worked upon the fears of the earl, giving him to understand that his ruin was determined on, and that he had better consult his safety, by leaving the country. It appears that he received intimations to the same effect from his correspondents in Spain and in London. At all events, he lost heart, became silent, moody, and low-spirited, suspecting foul play on the part of the king, who was very urgent that he should be brought over to London, in which case Tyrone was led to believe that he would certainly be sent to the Tower, and probably lose his head. With such apprehensions, he came to the conclusion that it was idle to struggle any longer against the stream.

He had for some weeks been engaged quietly making preparations for his flight. He had given directions to his steward to collect in advance one half of his Michaelmas rents, leading the lord deputy to think that he did so either to provide funds for his journey to London, or to defray the expenses of his son's projected marriage with the daughter of Lord Argyle. Meanwhile a vessel had been purchased by Cu-Connaught Maguire, and Bath, the captain of this vessel, assured the Earl of Tyrconnel, whom he met at Ballyshannon, that he also would lose his life or liberty if he did not abandon the country with O'Neill. On September 8, Tyrone took leave of the lord deputy, and then spent a day and night at Mellifont with his friend Sir Garret Moore, who was specially dear to him as the fosterer of his son John. The earl took his leave with unusual emotion, and after giving his blessing according to the Irish fashion to every member of his friend's household, he and his suite took horse and rode rapidly by Dundalk, over the Fews to Armagh, where he rested a few hours, and then proceeded to Creeve, one of his crannoges or island habitations, where he was joined by his wife and other members of his family. Sir Oliver Lambert in a communication to the Irish Government, relating to the affairs of Ulster, made some interesting allusions to O'Neill. He states that he had apologised for having appealed to the king in the case between him and O'Cahan, and said that he felt much grieved in being called upon so suddenly to go to England, when on account of his poverty he was not able to furnish himself as became him for such a journey and for such a presence. In all things else, said Sir Oliver, 'he seemed very moderate and reasonable, albeit he never gave over to be a general solicitor in all causes concerning his country and people however criminal.' He thought the earl had been much abused by persons who had cunningly terrified, and diverted him from going to the king; 'or else he had within him a thousand witnesses testifying that he was as deeply engaged in these secret treasons as any of the rest, whom they knew or suspected.' At all events he had received information on the previous day from his own brother Sir Cormac O'Neill, from the primate, from Sir Toby Caulfield and others, that the earl had taken shipping with his lady, the Baron of Dungannon, his eldest son, and two others of his children, John and Brien, both under seven years old, the Earl of Tyrconnel, and his son and heir, an infant, not yet a year old, his brother Caffar O'Donel, and his son an infant two years old, 'with divers others of their nearest and trusted followers and servants, as well men as women, to the number of between thirty and forty persons.'

The Rev. Mr. Meehan gives graphic details of the flight of his two heroes. Arrived at Rathmullen they found Maguire and Captain Bath laying stores of provisions on board the ship that had come into Lough Swilly under French colours. Here they were joined by Rory, Earl of Tyrconnel. At noon on Friday they all went on board and lifted anchor, but kept close to the shore waiting for the boats' crews, who were procuring water and fuel; but they had to wait till long after sunset, when the boats came with only a small quantity of wood and water. According to a fatality which makes one Irishman's extremity another Irishman's opportunity, the foraging party was set upon by M'Sweeny of Fanad, who churlishly prevented them getting a sufficient supply of these necessaries. This barbarous conduct is accounted for by Mr. Meehan, from the fact, that this M'Sweeny had recently taken a grant of his lands from the crown. At midnight, September 14, 1607, they spread all sail and made for the open sea, intending, however, to land on the Island of Arran, off the coast of Donegal, to provide themselves with more water and fuel. The entire number of souls on board this small vessel, says O'Keenan in his narrative, was ninety-nine, having little sea store, and being otherwise miserably accommodated. Unable to make the island of Arran, owing to a gale then blowing off the land, and fearing to be crossed by the king's cruisers, they steered for the harbour of Corunna in Spain. But for thirteen days, continues O'Keenan, 'the sea was angry, and the tempest left us no rest; and the only brief interval of calm we enjoyed, was when O'Neill took from his neck a golden crucifix containing a relic of the true cross, and trailed it in the wake of the ship. At that moment, two poor merlins with wearied pinions sought refuge in the rigging of our vessel, and were captured for the noble ladies, who nursed them with tenderest affection.' After being tempest-tossed for three weeks, they dropped anchor in the harbour of Quilleboeuf in France, having narrowly escaped shipwreck, their only remaining provisions being one gallon of beer and a cask of water. They proceeded to Brussels and thence to Louvain, where splendid accommodation was provided for them. In several of the cities through which they passed they received ovations, their countrymen clerical and military having prepared for their reception with the greatest zeal and devotion. The King of Spain was of course friendly, but to avoid giving offence to King James he discouraged the stay of the exiles in his dominions, and they found their final resting-place at Rome, where the two earls were placed upon the Pope's civil list, which, however, they did not long continue to burden. Tyrconnel fell a victim to the malaria, and died on July 28, 1608. 'Sorrowful it was,' say the Four Masters, 'to contemplate his early eclipse, for he was a generous and hospitable lord, to whom the patrimony of his ancestors seemed nothing for his feastings and spending.' His widow received a pension of 300 l. a year out of his forfeited estates. O'Neill survived his brother earl eight years, having made various attempts to induce the King of Spain to aid him in the recovery of his patrimony. He died in 1616, in the seventy-sixth year of his age. Sir Francis Cottington, announcing the event from Madrid, said, 'The Earl of Tyrone is dead at Rome; by whose death this king saves 500 ducats every month, for so much pension he had from here, well paid him. Upon the news of his death, I observed that all the principal Irish entertained in several parts of this kingdom are repaired unto this court.'



CHAPTER VII.

GOVERNMENT APPEALS TO THE PEOPLE.

The flight of the earls caused great consternation to the Irish Government. Letters were immediately despatched to the local authorities at every port to have a sharp look out for the fugitives, and to send out vessels to intercept them, should they be driven back by bad weather to any part of the coast. At the same time the lord deputy sent a despatch to the Government in London, deprecating censure for an occurrence so unexpected, and so much to be regretted, because of the possibility of its leading to an invasion by the Spaniards. In other respects it was regarded by the principal members of the Irish Government, and especially by the officials in Ulster, as a most fortunate occurrence. For example, Sir Oliver Lambert, in his report to the lords of the council, already referred to, said:—'But now these things are fallen out thus, contrary to all expectation or likelihood, by the providence of God I hope, over this miserable people, for whose sake it may be he hath sent his majesty this rare and unlocked for occasion: whereby he may now at length, with good apprehension and prudent handling, repair an error which was committed in making these men proprietary lords of so large a territory, without regard of the poor freeholders' rights, or of his majesty's service, and the commonwealth's, that are so much interested in the honest liberty of that sort of men, which now, in time, I commend unto your lordships' grave consideration and wisdom, and will come to that which nearest concerns ourselves and the whole.'

According to Sir John Davis, in his letter to the first minister, Lord Salisbury, Tyrone could not be reconciled in his heart to the English Government, because 'he ever lived like a free prince, or, rather, like an absolute tyrant, there. The law of England, and the ministers thereof, were shackles and handlocks unto him.' He states that after the Irish manner, he made all the tenants of his land villeins. 'Therefore to evict any part of that land from him was as grievous unto him as to pinch away the quick flesh from his body ... Besides,' the attorney-general added, 'as for us that are here, we are glad to see the day wherein the countenance and majesty of the law, as civil government, hath banished Tyrone out of Ireland, which the best army in Europe, and the expense of two millions of sterling pounds did not bring to pass. And we hope his majesty's happy government will work a greater miracle in this kingdom, than ever St. Patrick did; for St. Patrick did only banish the poisonous worms, but suffered the men full of poison to inhabit the land still; but his majesty's blessed genius will banish all that generation of vipers out of it, and make it, ere it be long, a right fortunate island.'

Again, Sir Geoffry Fenton, writing to Salisbury on the same subject, says, 'And now I am to put your lordship in mind what a door is open to the king, if the opportunity be taken, and well converted, not only to pull down for ever these two proud houses of O'Neill and O'Donel, but also to bring in colonies to plant both countries, to a great increasing of his majesty's revenues, and to establish and settle the countries perpetually in the crown; besides that many well-deserving servitors may be recompensed in the distribution; a matter to be taken to heart, for that it reaches somewhat to his majesty's conscience and honour to see these poor servitors relieved, whom time and the wars have spent, even unto their later years, and now, by this commodity, may be stayed and comforted without charges to his majesty.' This advice was quite in accordance with the views of the prime minister, who in a letter to Chichester said, 'I do think it of great necessity that those countries be made the king's by this accident; that there be a mixture in the plantation, the natives made his majesty's tenants of part, but the rest to be divided among those that will inhabit; and in no case any man is suffered to embrace more than is visible he can and will manure. That was an oversight in the plantation of Munster, where 12,000 acres were commonly allotted to bankrupts and country gentlemen, that never knew the disposition of the Irish; so as God forbid that those who have spent their blood in the service should not of all others be preferred.' It was because this idea of manuring, i.e. residence and cultivation, was carried out in Ulster, that the plantation has proved so successful. But Davis would allow but small space comparatively to the natives, whom he compared to weeds which, if too numerous, would choke the wheat. With him the old inhabitants were simply a nuisance from the highest to the lowest; and if there were no other way of getting rid of them, he would no doubt have adopted the plan recommended by Lord Bacon, who said, 'Some of the chiefest of the Irish families should be transported to England, and have recompense there for their possessions in Ireland, till they were cleansed from their blood, incontinency, and theft, which were not the lapses of particular persons, but the very laws of the nation.' The Lord Deputy Chichester, however, agreed thoroughly with his attorney-general, for he certainly made no more account of rooting out the 'mere Irish' from their homes than if they were the most noxious kinds of weeds or vermin. 'If,' said he, writing to Lord Salisbury, 'I have observed anything during my stay in this kingdom, I may say it is not lenity and good works that will reclaim the Irish, but an iron rod, and severity of justice, for the restraint and punishment of those firebrands of sedition, the priests; nor can we think of any other remedy but to proclaim them, and their relievers and harbourers, traitors.'

Considering that those Englishmen were professedly Christian rulers, engaged in establishing the reformed religion, the accounts which they give with perfect coolness of their operations in this line, are among the most appalling passages to be met with in the world's history. For instance, the lord deputy writes: 'I have often said and written, it is famine that must consume the Irish, as our swords and other endeavours worked not that, speedy effect which is expected; hunger would be a better, because a speedier, weapon to employ against them than the sword.' He spared no means of destruction, but combined all the most fearful scourges for the purpose of putting out of existence the race of people whom God in his anger subjected to his power. Surely the spirit of cruelty, the genius of destruction, must have been incarnate in the man who wrote thus: 'I burned all along the Lough (Neagh) within four miles of Dungannon, and killed 100 people, sparing none, of what quality, age, or sex soever, besides many burned to death. We killed man, woman and child, horse, beast, and whatsoever we could find.'

At the time of the flight of the earls, however, he was very anxious about the safety of the kingdom. He was aware that the people were universally discontented, he had but few troops in the country, and little or no money in the treasury, so that in case of a sudden invasion, it was quite possible that the maddened population would rise and act in their own way upon his own merciless policy of extermination. He therefore hastened to issue a proclamation for the purpose of reassuring the inhabitants of Ulster, and persuading them that they would not suffer in any way by the desertion of their chiefs. In this proclamation, headed by 'The Lord Deputy and Counsell,' it was stated that Tyrone and Tyrconnel and their companions had lately embarked themselves at Lough Swilly and had secretly and suddenly departed out of this realm without license or notice. The Government was as yet uncertain about their purpose or destination. But inasmuch as the manner of their departure, considering the quality of their persons, might raise many doubts in the minds of his majesty's loving subjects in those parts, and especially the common sort of people inhabiting the counties of Tyrone and Tyrconnel, who might suppose they were in danger to suffer prejudice in their lands and goods for the contempt or offence of the earls,—they were solemnly assured that they had nothing whatever to fear. The words of the proclamation on this point are: 'We do therefore in his majesty's name declare, proclaim, and publish that all and every his majesty's good and loyal subjects inhabiting those countries of Tyrone and Tyrconnel shall and may quietly and securely possess and enjoy all and singular their lands and goods without the trouble or molestation of any of his majesty's officers or ministers or any other person or persons whatsoever as long as they disturb not his majesty's peace, but live as dutiful and obedient subjects. And forasmuch as the said earls to whom his majesty, reposing special trust in their loyalty, had committed the government of the said several countries are now undutifully departed, therefore his Majesty doth graciously receive all and every of his said loyal subjects into his own immediate safeguard and protection, giving them full assurance to defend them and every of them by his kingly power from all violence or wrong, which any loose persons among themselves or any foreign force shall attempt against them. And to that end, we the lord deputy and council have made choice of certain commissioners as well Irish as English, residing in the said several countries, not only to preserve the public peace there, but also to administer speedy and indifferent justice to all his majesty's loving subjects in those parts, which shall have any cause of complaint before them.' All governors, mayors, sheriffs, justices of peace, provost-marshals, bailiffs, constables, and all other his majesty's ministers whatsoever were strictly charged to use their utmost endeavours faithfully and diligently to keep the people in their duty and obedience to his majesty and the laws of the realm.

The assurance thus given that the subjects and tenants of the absconding princes should securely possess and enjoy their lands and be protected from all oppression under the sceptre of King James would have been very satisfactory had the royal promise been realised, but conciliation was then absolutely necessary, for the lord deputy himself stated that 'the kingdom had not been in the like danger these hundred years, as we have but few friends and no means of getting more.' The foregoing proclamation was issued from Rathfarnham on September 10. On November 9 following, another proclamation of a general nature was published and widely circulated in order to justify the course the Government adopted. According to this document it was known to all the world 'how infinitely' the fugitive earls had been obliged to the king for his singular grace and mercy in giving them free pardon for many heinous and execrable treasons, above all hope that they could in reason conceive, and also in restoring the one to his lands and honours justly forfeited, and in raising the other 'from a very mean estate to the degree and title of an earl, giving him withal large possessions for the support of that honour, before either of them had given any proof of loyalty, or merited the least favour.' Even in the point of religion, which served as a cloak for all their treasons, they got no provocation or cause of grievance. For these and other causes it was announced that his majesty would seize and take into his hands all the lands and goods of the said fugitives. But he would, notwithstanding, extend such grace and favour to the loyal inhabitants of their territories that none of them should be 'impeached, troubled, or molested in their own lands, goods, or bodies, they continuing in their loyalty, and yielding unto his majesty such rents and duties as shall be agreeable to justice and equity.' This assurance was repeated again emphatically in these words: 'His most excellent majesty doth take all the good and loyal inhabitants of the said countries, together with their wives and children, land and goods, into his own immediate protection, to defend them in general against all rebellions and invasions, and to right them in all their wrongs and oppressions, offered or to be offered unto them by any person whatsoever, etc.'



CHAPTER VIII.

THE CASE OF THE FUGITIVE EARLS.

Before proceeding to notice the manner in which these promises of justice, equity, and protection to the occupiers of the land were fulfilled, it is well to record here the efforts made by King James and his ambassador to discredit the fugitive earls on the Continent, and the case which they made out for themselves in the statement of wrongs and grievances which they addressed to the king soon after. There was great alarm in England when news arrived of the friendly reception accorded to the Irish chiefs by the continental sovereigns through whose dominions they passed, and especially by the King of Spain, who was suspected of intending another invasion of Ireland. Consequently the most active preparations were made to meet the danger. In every street of the metropolis drums were beating for recruits, and large detachments were sent in all possible haste to reinforce the Irish garrisons. Sir Charles Cornwallis was then English ambassador at Madrid; and lest his diplomatic skill should not be up to the mark, James himself sent him special and minute instructions as to the manner in which he should handle the delicate subjects he had to bring before the Spanish sovereign. There has been seldom a better illustration of the saying, that the use of speech is to conceal thought, than in the representations which the ambassador was instructed to make about Irish affairs. Indeed Cornwallis had already shown that he scarcely needed to be tutored by his sovereign. In a preliminary despatch he had sent an account of his conversation with Philip III.'s secretary of state about the fugitive earls. He told him that though they had been guilty of rebellions and treasons they had not only been pardoned, but loaded with dignities such as few or none of the king's ancestors had ever bestowed on any of the Irish nation. He had conferred upon them an absolute and, 'in a manner, unlimited government in their own countries, nothing wanting to their ambitions but the name of kings, and neither crossed in anything concerning their civil government, nor so much as in act or imagination molested, or in any sort questioned with, for their consciences and religion.' He thought therefore that they would never have fled in such a way, unless they had been drawn to Spain by large promises in the hope of serving some future turns.

The secretary listened to this insinuation with much impatience, and declared solemnly, laying his hand on his breast with an oath, that of the departure and intention of the earls there was no more knowledge given to the king or any of his state than to the ambassador himself. He added that there had been much consumption of Spanish treasure by supporting strangers who had come from all parts. In particular they had a bitter taste of those who had come from James's dominions; and they would have suffered much more, 'if they had not made a resolute and determined stop to the running of that fountain and refused to give ear to many overtures.' The ambassador expressed his satisfaction at this assurance, and then endeavoured to show how unworthy those Irish princes were of the least encouragement. Their flight was the result of madness, they departed without any occasion of 'earthly distaste' or offence given them by their sovereign, whose position towards the Irish was very different from that of the late queen. Elizabeth had employed against their revolts and rebellions only her own subjects of England, who were not accustomed either to the diet of that savage country, or to the bogs, and other retreats which that wild people used. But now, the king his master, being possessed of Scotland, had in that country, 'near adjoining to the north part of Ireland, a people of their own fashion, diet, and disposition, that could walk their bogs as well as themselves, live with their food, and were so well practised and accustomed in their own country to the like, that they were as apt to pull them out of their dens and withdrawing places, as ferrets to draw rabbits out of their burrows.' Moreover all other parts of Ireland were now reduced to such obedience, and so civil a course, and so well planted with a mixture of English, that there was not a man that showed a forehead likely to give a frown against his majesty, or his government. Cornwallis went on to plead the incomparable virtues of the king his master, among which liberality and magnificence were not the least. But if he had given largely, it was upon a good exchange, for he had sowed money, which of itself can do nothing, and had reaped hearts that can do all. As for the alleged number of 'groaning Catholics,' he assured the secretary that there were hardly as many hundreds as the fugitives reckoned thousands.

According to his report the minister heard him with great attention, and at the conclusion protested, that he joined with him in opinion that those fugitives were dangerous people and that the Jesuits were turbulent and busy men. He assured him on the word of a caballero, that his majesty and council had fully determined never to receive or treat any more of those 'straying people;' as they had been put to great inconvenience and cost, how to deliver themselves from those Irish vagabonds, and continual begging pretenders.

This despatch, dated October 28, 1607, was crossed on the way by one from the English minister Salisbury, dated the 27th, giving the king's instructions 'concerning those men that are fled into Spain.' Cornwallis was directed not to make matters worse than they really were, because the end must be good, 'what insolencies soever the Jesuits and pack of fugitives there might put on. King James knew that this remnant of the northern Irish traitors had been as full of malice as flesh and blood could be, no way reformed by the grace received, but rather sucking poison out of the honey thereof.' He knew also that they had absolutely given commission to their priests and others to abandon their sovereign if Spain would entertain their cause. But this he could not demonstrably prove in foro judicii, though clear in foro conscientiae, and therefore punishment would savour of rigour. So long as things were in that state his majesty was obliged to suffer adders in his bosom, and give them means to gather strength to his own prejudice, whereas now the whole country which they had possessed would be made of great use both for strength and profit to the king. What follows should be given in his majesty's own words:—

'Those poor creatures who knew no kings but those petty lords, under the burden of whose tyranny they have ever groaned, do now with great applause desire to be protected by the immediate power, and to receive correction only from himself, so as if the council of Spain shall conceive that they have now some great advantage over this state, where it shall appear what a party their king may have if he shall like to support it, there may be this answer: that those Irish without the King of Spain are poor worms upon earth; and that when the King of Spain shall think it time to begin with Ireland, the king my master is more like than Queen Elizabeth was, to find a wholesomer place of the King of Spain's, where he would be loath to hear of the English, and to show the Spaniards who shall be sent into Ireland as fair a way as they were taught before. In which time the more you speak of the base, insulting, discoursing fugitives, the more proper it will be for you. In the meantime upon their departure, not a man hath moved, neither was there these thirty years more universal obedience than there is now. Amongst the rest of their barbarous lies I doubt not but they will pretend protection for religion, and breach of promise with them; wherein you may safely protest this, that for any, of all those that are gone, there never was so much as an offer made to search their consciences.'

Not content with the labours of his ambassadors at the various continental courts, to damage the cause of the Irish earls, the king issued a proclamation, which was widely dispersed abroad. His majesty said he thought it better to clear men's judgments concerning the fugitives, 'not in respect of any worth or value in these men's persons, being base and rude in their original,' but to prevent any breach of friendship with other princes. For this purpose he declared that Tyrone and Tyrconnel had not their creation or possessions in regard of any lineal or lawful descent from ancestors of blood or virtue, but were only conferred by the late queen and himself for some reasons of state. Therefore, he judged it needless to seek for many arguments 'to confirm whatsoever should be said of these men's corruption and falsehood, whose heinous offences remained so fresh in memory since they declared themselves so very monsters in nature, as they did not only withdraw themselves from their personal obedience to their sovereign, but were content to sell over their native country, to those who stood at that time in the highest terms of hostility with the crowns of England and Ireland.' 'Yet,' adds the king, 'to make the absurdity and ingratitude of the allegation above mentioned so much the more clear to all men of equal judgment, we do hereby profess in word of a king that there was never so much as any shadow of molestation, nor purpose of proceeding in any degree against them for matter concerning religion:—such being their condition and profession, to think murder no fault, marriage of no use, nor any man worthy to be esteemed valiant that did not glory in rapine and oppression, as we should have thought it an unreasonable thing to trouble them for any different point in religion, before any man could perceive by their conversation that they made truly conscience of any religion. The king thought these declarations sufficient to disperse and to discredit all such untruths as these contemptible creatures, so full of infidelity and ingratitude, should discharge against him and his just and moderate proceedings, and which should procure unto them no better usage than they would wish should be afforded to any such pack of rebels born their subjects and bound unto them in so many and so great obligations.'

Such was the case of the English Government presented to the world by the king and his ministers. Let us now hear what the personages so heartily reviled by them had to say for themselves. The Rev. C.P. Meehan has brought to light the categorical narratives, which the earls dictated, and which had lain unpublished among the 'old historic rolls,' in the Public Record Office, London. These documents are of great historic interest, as are many other state-papers now first published in his valuable work.[1] O'Neill's defence is headed, 'Articles Exhibited by the Earl of Tyrone to the King's Most Excellent Majesty, declaring certain Causes of Discontent offered Him, by which he took occasion to Depart His Country.' The statement is divided into twenty items, of which the following is the substance: It was proclaimed by public authority in his manor of Dungannon, that none should hear mass upon pain of losing his goods and imprisonment, and that no ecclesiastical person should enjoy any cure or dignity without swearing the oath of supremacy and embracing the contrary religion, and those who refused so to do were actually deprived of their benefices and dignities, in proof of which the earl referred to the lord deputy's answer to his own petition, and to the Lord Primate of Ireland, who put the persecuting decree into execution. The Earl of Devon, then lord-lieutenant, had taken from him the lands of his ancestors called the Fews, in Armagh, and given them to other persons. He was deprived of the annual tribute of sixty cows from Sir Cahir O'Dogherty's country called Inishowen, which tribute had never been brought into question till James's reign. The same lord-lieutenant had taken from him the fishings of the Bann, which always belonged to his ancestors, and which he was forced to purchase again. Portions of his territory had been taken 'under colour of church-lands, a thing never in any man's memory heard of before.' One Robert Leicester an attorney had got some more of the earl's land, which he transferred to Captain Leigh. 'So as any captain or clerk had wanted means, and had no other means or device to live, might bring the earl in trouble for some part or parcel of his living, falsely inventing the same, to be concealed or church-land.' The Archbishop of Armagh and the Bishop of Derry and Clogher claimed the best part of the earl's whole estate, as appertaining to their bishoprics, 'which was never moved by any other predecessors before, other than that they had some chiefry due to them, in most part of all his living, and would now have the whole land to themselves as their domain lands, not content with the benefit of their ancient registers, which the earl always offered, and was willing to give without further question. O'Cahan, 'one of the chiefest and principalest of the earl's tenants, was set upon by certain of his majesty's privy council, as also by his highness's counsel-at-law, to withdraw himself and the lands called Iraght-I-Cahan from the earl, being a great substance of his living;' and this although O'Cahan had no right to the property except as his tenant at will, yielding and paying all such rents, dues, and reservations as the other tenants did. He complained that at the council table in Dublin it was determined to take two-thirds of O'Cahan's country from him; and he perceived by what Sir John Davis said, that they had determined to take the other third also. They further made claim in his majesty's behalf to four other parcels of the earl's land, which he named, being the substance of all that was left, and began their suit for the same in the court of exchequer. In fine he felt that he could not assure himself of anything by the letters patent he had from the king. Whenever he had recourse to law his proceedings were frustrated by the government; so that he could not get the benefit of his majesty's laws, or the possession of his lands; 'and yet any man, of what degree soever, obtained the extremity of the law with favour against him, in any suit.' Although the king had allowed him to be lieutenant of his country, yet he had no more command there than his boy; the worst man that belonged to the sheriff could command more than he, and that even in the earl's own house. If they wanted to arrest any one in the house they would not wait till he came out, but burst open the doors, and 'never do the earl so much honour in any respect as once to acquaint him therewith, or to send to himself for the party, though he had been within the house when they would attempt these things; and if any of the earl's officers would by his direction order or execute any matter betwixt his own tenants, with their own mutual consent, they would be driven not only to restore the same again, but also be first amerced by the sheriff, and after indicated as felons, and so brought to trial for their lives for the same; so as the earl in the end could scarce get any of his servants that would undertake to levy his rents.' According to law the sheriff should be a resident in the county, have property there, and be elected by the nobility and chief gentlemen belonging to it; but the law was set aside by the lord deputy, who appointed as sheriffs for the counties Tyrone and Armagh Captain Edmund Leigh and one Marmaduke Whitechurch, dwelling in the county of Louth, both being retainers, and very dear friends to the Knight-marshal Bagenal, who was the only man that urged the earl to his last troubles. Of all these things 'the earl did eftsoons complain to the lord deputy, and could get no redress, but did rather fare the worse for his complaints, in respect they were so little regarded.'

[Footnote 1: Page 192.]

The earl understanding that earnest suit had been made to his majesty for the presidentship of Ulster, made bold to write to the king, humbly beseeching him not to grant any such office to any person over himself, 'suspecting it would be his overthrow, as by plain experience he knew the like office to be the utter overthrow of others of his rank in other provinces within the realm of Ireland.' He also wrote to the Earl of Salisbury, who replied that the earl was not to tie his majesty to place or displace officers at his (the earl's) pleasure in any of his majesty's kingdoms. This was not the earl's meaning, but it indicated to him pretty plainly that he had no favour to expect from that quarter. The office was intended for Sir Arthur Chichester, and he much feared that it would be used for his destruction without his majesty's privity. Therefore, seeing himself envied by those who should be his protectors, considering the misery sustained by others through the oppression of the like government, he resolved to sacrifice all rather than live under that yoke.

The next item is very characteristic. The earl's nephew Brian M'Art happened to be in the house of Turlough M'Henry, having two men in his company. Being in a merry humour, some dispute arose between him and a kinsman of his own, who 'gave the earl's nephew a blow of a club on the head, and tumbled him to the ground; whereupon, one of his men standing by and seeing his master down, did step up with the fellow and gave him some three or four stabs of a knife, having no other weapon, and the master himself, as it was said, gave him another, through which means the man came to his death. Thereupon, the earl's nephew and his two men were taken and kept in prison till the next sessions holden in the county Armagh, where his men were tried by a jury of four innocent and mere ignorant people, having little or no substance, most of them being bare soldiers and not fit, as well by the institution of law in matters of that kind as also through their own insufficiency, to be permitted or elected to the like charge; and the rest foster-brethren, followers, and very dear friends to the party slain, that would not spare to spend their lives and goods to revenge his death. Yet all that notwithstanding were they allowed, and the trial of these two gentlemen committed to them, through which means, and the vigorous threatening and earnest enticements of the judges, they most shamefully condemned to die, and the jury in a manner forced to find the matter murder in each of them, and that, not so much for their own offences, as thinking to make it an evidence against the master, who was in prison in the Castle of Dublin, attending to be tried the last Michaelmas term, whose death, were it right or wrong, was much desired by the lord deputy.

Again, the earl had given his daughter in marriage to O'Cahan with a portion of goods. After they had lived together for eight years, O'Cahan was induced to withdraw himself from the earl, and at the same time, by the procurement of his setters on, he turned off the earl's daughter, kept her fortune to himself, and married another. The father appealed to the lord deputy for justice in vain. He then took proceedings against O'Cahan, at the assizes in Dungannon. But the defendant produced a warrant from the lord deputy, forbidding the judges to entertain the question, as it was one for the Lord Bishop of Derry. The Bishop of Derry, however, was the chief instigator of the divorce, and therefore no indifferent judge in the case. Thus the earl's cause was frustrated, and he could get no manner of justice therein, no more than he obtained in many other weighty matters that concerned him. The next complaint is about outrages committed by one Henry Oge O'Neill, one Henry M'Felemey and others, who at the instigation of the lord deputy, 'farther to trouble the earl,' went out as a wood-kerne to rob and spoil the earl and his nephew, and their tenants. They committed many murders, burnings, and other mischievous acts, and were always maintained and manifestly relieved amongst the deputy's tenants and their friends in Clandeboye, to whom they openly sold the spoils. They went on so for the space of two years, and the earl could get no justice, till at length they murdered one of the deputy's own tenants. Then he saw them prosecuted, and the result was, that the earl cut them all off within a quarter of a year after. But the lord deputy was not at all pleased with this. Therefore he picked up 'a poor rascally knave' and brought him to Dublin, where he persuaded him to accuse above threescore of the earl's tenants of relieving rebels with meat, although it was taken from them by force. For the rebels killed their cattle in the fields, and left them dead there, not being able to carry them away; burnt their houses, took what they could of their household stuff, killed and mangled themselves. 'Yet were they, upon report of that poor knave, who was himself foremost in doing these mischiefs, all taken and brought to their trial by law, where they were, through their innocency, acquitted, to their no small cost; so as betwixt the professed enemy, and the private envy of our governors, seeking thereby to advance themselves, there was no way left for the poor subject to live.'

One Joice Geverard, a Dutchman, belonging to the deputy, was taken prisoner on his way from Carrickfergus to Toome, and he was compelled to pay to his captors a ransom of 30 l. For this the lord deputy assessed 60 l. on the county, and appointed one-half of it to be taken from O'Neil's tenants, being of another county, and at least twelve miles distant from the scene of the outrage, perpetrated by a wood-kerne, 'and themselves being daily killed and spoiled by the said wood-kerne, and never no redress had to them.' Several outrages and murders perpetrated by the soldiers are enumerated; but they were such as might have been expected in a state bordering on civil war, which was then the condition of the province. If, however, Tyrone is to be believed, the rulers themselves set the example of disorder. Sir Henry Folliott, governor of Ballyshannon, in the second year of his majesty's reign, came with force of arms, and drove away 200 cows from the earl's tenants, 'and killed a good gentleman, with many other poor men, women, and children; and besides that, there died of them above 100 persons with very famine, for want of their goods; whereof the earl never had redress, although the said Sir Henry could show no reasonable cause for doing the same.'