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CHAPTER XIII.
1540 and 1541.

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The O’Neills. Scottish intrigues.

With the usual plundering inroads on the Pale Brereton was able to cope; and the greater chieftains were quiet, for Gerald of Kildare was safe. O’Donnell, who may have resented his treatment by Lady Eleanor, readily reverted to his father’s policy, and no difficulty was made about his pardon. O’Neill held aloof, but again professed himself ready to come to Carrick Bradagh. Again he failed to appear, and pleaded that he dared not approach Dundalk through fear of Grey’s manifest treachery. He offered to come to Magennis’s Castle at Narrowater, a beautiful spot near the mouth of the Newry river and the foot of the Mourne Mountains. Brereton agreed, and a meeting at last took place. O’Neill declared his readiness to perform all that he had promised to Skeffington, to send a trusty messenger to the King, and to leave pardon or punishment for the past to the royal discretion. Till the answer came he was content to be at peace with the Government, and to keep his neighbours quiet. He was at this time intriguing with Scotland, and his secretary was actually at Edinburgh. Cromwell had received information that eight Irishmen had been with the Scottish King, to whom they had brought sealed letters from the principal chiefs, containing offers to take him as their lord and to do homage to him. It was even said that James meditated an invasion of Ireland in person. O’Neill probably waited for the result of these negotiations before sending a confidential servant with a letter to Henry. He begged the King not to send his enemies into his country, where Grey had, as he affirmed, sowed dissensions from selfish motives. He was willing to do anything he was asked unless the new Lord Deputy should prove very extortionate, and he advised the King not to waste his money in Ulster. Henry answered graciously, and acknowledged some trifling presents which accompanied the chief’s letter. Future royal favours, his Majesty was careful to point out, must depend on performance and not on promises. Pardon in the meantime would be granted for the heinous offences committed.232

Murder of James FitzMaurice, Earl of Desmond, 1540.

With the sea at hand, and Ormonde ever ready to help him, it was supposed that James FitzMaurice would be able to maintain himself as Earl of Desmond. At first he confined himself to Kerrycurrihy and Imokilly, but after three months he was tempted to go inland towards the Limerick district, in which James Fitzjohn’s strength lay. Near Fermoy he was set upon and murdered by his rival’s brother, who had earned the title of ‘Maurice of the Burnings.’ James Fitzjohn, who now believed himself to be undisputed Earl, at once repaired to Youghal, where he was well received and joined by all the chiefs who had lately made such professions to Grey and Ormonde. The garrison had, through over-confidence, withdrawn to Waterford. Gerald of Kildare had just escaped to France, and the web of policy which the English Government had cast over both branches of the Geraldines was torn to pieces for the time.233

James Fitzjohn is allowed to succeed him.

There was no evidence of James Fitzjohn’s complicity in his cousin’s murder, and Ormonde received the King’s authority to pardon him, if he could be brought to promise good behaviour. He preferred to ally himself with O’Brien, and pleaded that Irish confederacies were too strong for him to withstand. To gain his confidence Ormonde risked his own person in the Desmond country for two nights, and passed right through it to parley with O’Brien, who refused to listen to anything. But Desmond would not show himself, and Ormonde then went for a few weeks to England. On his return he found that little harm had been done, and this he attributed solely to O’Brien having been out of his mind. But Desmond claimed the credit of holding his hand. ‘In like,’ he wrote to Ormonde, ‘I desire you, according to my full trust, for to bring me in the King’s favour the best ye can; and in case that his Grace will so accept me, I trust we shall both be able to do his Grace acceptable service according to our duty.’ On his return from England Ormonde at once resumed negotiations, and St. Leger had been scarcely a month in Ireland before he received friendly letters both from Desmond and O’Brien.234

Fall of Cromwell. St. Leger is made Deputy, 1541.

In the meantime Cromwell’s head had fallen on the scaffold to which he had sent so many better men. Grey was in the Tower, and Henry found time to appoint a new Lord Deputy. He chose Sir Anthony St. Leger, who already knew much of Ireland, and whose temper would at least save him from his predecessor’s chief faults. Sir Patrick Barnewall of Fieldston, an eminent lawyer, had lately enumerated the qualities desirable in a chief governor, and in so doing had drawn a heavy indictment against the last holder of that high office. The King, he said, should provide a Deputy ‘faithful, sure, and constant in his promise, and in especial to any concluding of peace; and that he shall be such a person that shall have more regard to his own honour and promise than to any covetous desire of preys or booties of cattle; and that he shall make no wilful war, and when war is made upon a good ground, that the same be followed till a perfect conclusion thereof be taken, and not left at large, nor yet to take a faint peace; and that the said Deputy shall not be in weighty causes counselled nor guided by such persons as be openly known to be ill-doers, or apt adherents of the ill-doers in their ill-doings against the King’s Majesty and his Grace’s subjects in time past, for the same hath and may hinder.’ In selecting St. Leger, Henry was probably actuated in part by such motives, and in part by hopes of an increased income. With him were associated as Revenue Commissioners Thomas Walsh, Baron, and John Mynne, Auditor of the English Exchequer, and William Cavendish, Treasurer of the Court of Augmentations; but the viceregal authority was not in any way impaired.235

St. Leger’s policy. The Kavanaghs.

St. Leger seems clearly to have grasped the idea so often put forth and so often neglected, that the pacification of Ireland must begin with the neighbourhood of the Pale, and that distant expeditions were neither lightly to be undertaken nor abandoned without attaining their object. He resolved at once to punish those who had attacked the Pale at Grey’s departure, and he turned first to the Kavanaghs. Ormonde had lately ravaged Idrone for a week and taken hostages, reporting that all the mischief was done by Donnell MacCahir, ‘who, having nothing to lose, adhereth to Tirlogh O’Toole.’ St. Leger now ravaged the territory far and wide, and at the end of ten days the chief came in and submitted. He renounced the name of MacMurrough, and agreed to hold his lands of the Crown by knight-service. After the manner of Deputies in their early days of office, St. Leger believed that he had really made a final settlement. The Kavanaghs were ready enough to make promises, and even to boast their descent from the man who first brought the English to Ireland; but St. Leger was destined to have plenty of trouble with them.236

The O’Mores and O’Connors, and their neighbours.

Offaly had been so often devastated that the new Lord Deputy could have little to do in that way; but the adjoining district of Leix had been more fortunate, and its turn now came. The O’Doynes, O’Dempseys, and others were separated by St. Leger’s policy from O’Connor, whom it was proposed to bridle by establishing fortified posts at Kinnegad in Westmeath, at Kishevan in Kildare, at Castle Jordan in Meath, and at Ballinure in what is now the King’s County. A letter arrived from the King with orders to expel O’Connor from his country and to give it to his brother Cahir, if he would behave in a civilised manner, as he had often promised to do. The incorrigible rebel should be made an example to all Ireland by his perpetual exile and just punishment. But this could not be honourably done, for Brereton had made a peace during the difficult days that followed Grey’s recall, and O’Connor, whose submission was of the humblest, had done no harm since then. St. Leger indeed showed some inconsistency in the matter, for he thought in September that O’Connor could never be trusted, and in November he advised his restoration to favour. Not only was it proposed to give him a grant of his land, but also to raise him to the peerage as Baron of Offaly, an ancient honour in the eclipsed family of Kildare.237

The O’Tooles.

No tribe had hurt the Pale more than the O’Tooles, who could boast of giving a famous saint to Irish hagiology. Originally possessed of the southern half of Kildare, they had been driven into the Wicklow Mountains by Walter de Riddlesford in the early days of the Anglo-Norman occupation. They were afterwards known as lords of Imaile, a small district between Baltinglass and Glendalough, and at one time held nearly all the northern half of Wicklow. The Earls of Kildare expelled them from Powerscourt, and latterly they had led a very precarious life. True children of the mist, they either bivouacked in the open or crept into wretched huts to which Englishmen hesitated to give the name of houses. They cultivated no land, but levied 300l. a year from their civilised neighbours, partly in black-rent and partly in sheer plunder. The actual chief was Tirlogh O’Toole, who professed himself anxious to mend his ways, and offered to go to England and beg his lands of Henry himself. There was something chivalrous in Tirlogh; for when Grey was hard pressed by the northern confederacy he sent him word that ‘since all those great lords were against him he would surely be with him, but whensoever they were all at peace, then he alone would be at war with him and the English Pale.’ This simple-minded warrior had kept his word, and he now begged St. Leger to write to Norfolk, in the belief that the Duke would let him want nothing ‘when he knew that he had become an Englishman.’ In return for his undertaking to forego his exactions and to wear the English dress, he asked for a grant of the district of Fercullen, comprising Powerscourt and about twenty square miles of land, chiefly rocks and woods, but with some fertile spots. St. Leger was anxious to grant Tirlogh’s terms, for the lands actually held by him were worthless and would never pay to reclaim, while the O’Tooles were obliged to live on the Pale. The hardy mountaineers had nothing to lose, and they prevented land enough to support 2,000 inhabitants from being cultivated at all. The Lord Deputy accordingly sent over the wild man with a special recommendation to Norfolk, whose Irish experience made him a natural mediator. Tirlogh was so poor that St. Leger had to lend him 20l. for his journey, and he could not even afford decent clothes. ‘It shall appear to your Majesty,’ wrote the Irish Government, ‘that this Tirlogh is but a wretched person and a man of no great power, neither having house to put his head in, nor yet money in his purse to buy him a garment, yet may he well make 200 or 300 men.’238

Tirlogh O’Toole at Court.

Tirlogh remained nearly a month at Court, where he was very well treated; perhaps Henry remembered how well Hugh O’Donnell had requited the kindness shown to him long since. The grant was authorised, and care was taken to make such a fair division among the clansmen as would prevent internal dissensions. Tirlogh became the King’s tenant by knight-service at a rent of five marks yearly, and his brother Art Oge, a man of some ability, was gratified with a grant of Castle Kevin. Henry desired that this case should form a precedent, and that in future chiefs received to peace and favour should be treated with on the same basis as the O’Tooles. In doing this he followed the advice of some of his wisest councillors at home. Cranmer, Audeley, and Sadleir did not believe in the possibility of a thorough conquest, and rightly considered that Ireland would be best gained by fair dealing. Pedants and flatterers might argue that the King was actually entitled to most of the land, that the Irish were intruders, and that grants to them were derogatory to the royal dignity. To this it was answered that the intrusions were of very old date, that future rebellions would be more easily punished when they involved a breach of contract, and that the Crown must gain by the mere acknowledgment of its title. The O’Tooles at all events seem to have given up plundering the Pale, and they make little further figure in history. But they could not give up fighting among themselves. The favoured Tirlogh had a grudge against one of his clansmen, and pursued him daily in spite of orders from the Government. At last the threatened man caught his persecutor asleep, and in the early morning killed him and all his companions; ‘and we think,’ wrote the Lord Deputy and Council, ‘the other would have done to him likewise, if he might have gotten him at like advantage.’ Tirlogh left no legitimate children, but St. Leger nevertheless recommended that his son Brian should be allowed to succeed him.239

Proposed military order. The King vetoes it.

Finding Leinster in an unusually promising state, the Irish Council hit upon a strange device for keeping it permanently quiet. In the previous century Thomas, Earl of Kildare, had established the Brotherhood of St. George, an armed confraternity, whose thirteen officers, chosen from among the loyal gentlemen of Dublin, Kildare, Meath, and Louth, elected their own captain annually, but were paid by the State. It was found necessary to dissolve this body by an Act of Parliament, passed in 1494. Its object had been the defence of the Pale against Irish enemies and English rebels. It was now proposed to erect a new order, not named after St. George, but holding its great ceremony on St. George’s day. It was to consist of a Grand Master and twelve pensioners, with salaries amounting in the aggregate to 1,000l. The majority were to be Irishmen of family, who might be kept out of mischief by fear of losing their pensions. After seven years, promotion was to depend on knowing English, or having spent two years in the public service in England; the object being to induce Irish gentlemen to cross the Channel and learn manners. As vacancies occurred the persons chosen were to be bound ‘not to have any wife or wives.’ The Council nominated Brabazon to be first Grand Master; but Ormonde put forth a list of his own, and preferred his brother Richard to the highest place. The Council also proposed to make a pensioner of Lord Kilcullen, and to place him in the castle of Clonmore, which had belonged to his family, but which the King had granted to Ormonde. The Earl naturally ignored this claim, and there were other differences in the rival lists. The Council suggested elaborate machinery by which the Order might be made to work for the reformation of Leinster; but St. Leger does not appear to have been a party to the scheme, and perhaps opposed it quietly. The King, who had just abolished the great military Order, had no idea of creating another, though its patron saint should be St. George instead of St. John. ‘We do in no wise,’ he said, ‘like any part of your device in that behalf.’ By minding their business and doing what they were told his Majesty hoped that they would ultimately succeed in reforming Leinster ‘without the new erection of any such fantasies.’240

An arrangement is made with Desmond.

James Fitzjohn being now necessarily acknowledged Earl of Desmond, one of St. Leger’s first cares was to obtain his submission. Satisfied at last that no treachery was intended, Desmond agreed to meet the Lord Deputy at Cashel. Passing through Carlow and Kilkenny, St. Leger was joined by Ormonde, who took care that the viceregal retinue should be well treated on the journey; but Desmond at first held aloof, and demanded that the chief of the Butlers should give himself up as a hostage before he trusted himself in English hands. This was refused; but Archbishop Browne, Travers, the Master of the Ordnance, and the Deputy’s brother Robert consented to run the risk. Desmond then appeared, and said he was ready to do all that loyalty demanded. The proceedings were adjourned to Sir Thomas Butler’s house at Cahir, and there Desmond signed a solemn notarial instrument, by which he fully acknowledged the King’s supremacy in Church and State. ‘I do,’ he said, ‘utterly deny and forsake the Bishop of Rome, and his usurped primacy and authority, and shall with all my power resist and repress the same and all that shall by any means use and maintain the same.’ He renounced the pretensions of his family not to attend Parliament or enter any walled town. He agreed to abide by and to enforce the King’s decision as to the Kildare estates, and to pay all such taxes as were paid in the territories of Ormonde, Delvin, and other noblemen of like condition. He constituted himself the defender of the corporate towns, and gave up all claims to the allegiance of the Munster Englishry, with a partial reservation as to men of his own blood, who held their lands under him or his ancestors. Finally, he agreed to send his son to be educated in England. This was Gerald, the ill-starred youth whose folly and vanity were destined to work the final ruin of his House. The Archbishop of Cashel and the Bishops of Limerick and Emly witnessed the instrument, and the manner of the submission was as satisfactory as a Tudor could wish. ‘In presence,’ wrote St. Leger to the King, ‘of MacWilliam, O’Connor, and divers other Irish gentlemen, to the number of 200 at the least, he kneeled down before me and most humbly delivered his said submission, desiring me to deliver unto him his said pardon, granted by your Majesty; affirming that it was more glad to him to be so reconciled to your favours, than to have any worldly treasure; protesting that no earthly cause should make him from henceforth swerve from your Majesty’s obedience. And after that done, I delivered to him your said most gracious pardon, which he most joyfully accepted.’ He was immediately sworn of the Council, and St. Leger asked the King’s indulgence for having done this without warrant. Care was also taken to prevent a renewal of the quarrel between the new Privy Councillor and Ormonde, who had married the heiress-general of a former Earl of Desmond, and had thus large and indefinite claims on the family estates. The rivals bound themselves in 4,000l. to promote cross-marriages between their children, and to keep the peace. The claims of Ormonde through his wife were nevertheless destined in the next generation to deluge Munster in blood.241

Dutiful attitude of Desmond and O’Brien.

Desmond accompanied St. Leger to Kilmallock, ‘where, I think, none of your Grace’s Deputies came this hundred years before,’ and treated him hospitably, openly declaring that he was ready if the Deputy wished it to go to London to see the King. O’Brien came peacefully to Limerick, complaining chiefly that he was not allowed to bridge the Shannon nor to exercise jurisdiction over friendly tribes on the left bank. St. Leger promised him perpetual war unless he would yield on both points, believing that he could do little harm without the concurrence of Desmond, of the Clanricarde Burkes, or of Donogh O’Brien. He was given till Shrovetide to consult his friends, and at last decided to keep quiet and to send agents to watch over his interests in Parliament. A pardon was issued under the Great Seal of Ireland, and towards the end of the year O’Brien spontaneously addressed a very dutiful letter to the King, begging personal as well as official forgiveness for his many sins. ‘My mind,’ he said, ‘is never satisfied till I have made the same submission to your Grace’s own person, whom I most desire to see above all creatures on earth living, now in mine old days; which sight I doubt not but shall prolong my life.’242

MacWilliam Burke and MacGillapatrick.

MacWilliam Burke of Clanricarde and MacGillapatrick professed anxiety for the royal favour, and accompanied St. Leger on his tour. He prescribed an earldom for the former, a barony for the latter, and Parliament-robes and other fine clothes for both; in the belief that titles and little acts of civility would weigh more with these rude men than a display of force. He himself had given MacWilliam a silver-gilt cup, and in Limerick Desmond had from vanity or policy worn ‘gown, jacket, doublet, hose, shirts, caps, and a velvet riding coat,’ from the Lord Deputy’s wardrobe. It was very important to conciliate MacWilliam, who could always prevent a junction of the O’Briens and O’Donnells. MacGillapatrick soon afterwards covenanted with the King to live civilly, to act loyally, and to hold his lands of the Crown by knight-service. MacWilliam wrote a letter to Henry confessing and lamenting that his family had degenerated, and belied their English blood, ‘which have been brought to Irish and disobedient rule by reason of marriage and nurseing with those Irish, sometime rebels, near adjoining to me.’ He placed himself and all his possessions unreservedly in the King’s hands, but seems to have let it be known that he would like to be an Earl. Henry refused this unless the repentant Norman would come to Court, but he offered a barony or viscounty without any condition.243

Parliament of 1541.

Early in 1541 St. Leger received authority to summon a Parliament. The composition of the House of Commons is uncertain, for no list of members is extant between 1382 and 1559. In the former of those years eighteen counties or districts and eleven towns were represented. In the latter, ten counties and twenty-eight cities and boroughs returned two members each. Through the action of the royal prerogative the number was progressively increased until the 300 of the eighteenth century was reached. In St. Leger’s time the Upper House was the more important of the two, and was attended by four archbishops, nineteen bishops, and twenty temporal peers, of whom Desmond was one. Among the temporal peers was Rawson, late prior of Kilmainham and chief of the Irish Hospitallers, who had just been created Viscount Clontarf. There were four new Barons—Edmund Butler Lord Dunboyne, MacGillapatrick Lord Upper Ossory, Oliver Plunkett Lord Louth, and William Bermingham Lord Carbery. Richard le Poer had been created Baron of Curraghmore six years before. Besides the peers there were present in Dublin Donough O’Brien, MacWilliam Burke, O’Reilly, Cahir MacArt Kavanagh, Phelim Roe O’Neill of Clandeboye, and some of the O’Mores. O’Brien sent agents or deputies. These and other important persons were present at the passing of the Bill which made Henry King of Ireland; but they had no votes and were not considered as members of Parliament.

Henry VIII. is made King of Ireland.

Parliament met on Monday, June 13; but the Munster lords had not yet arrived, and the solemn mass was postponed until Thursday, the feast of Corpus Christi. By that day all had assembled, and they rode in state to the place of meeting. Most of the peers wore their robes. On the morrow the Commons chose a Speaker in the person of Sir Thomas Cusack, a rising lawyer, who afterwards obtained the highest professional honours. He made a set speech at the bar of the Lords, praising the King for many things, but especially for having extirpated the Bishop of Rome’s usurped power. Ormonde then gave the substance of what had been said in Irish, to the ‘great contentation of those lords who could not understand English.’ At the sitting of the House of Lords on the following day, St. Leger proposed that Henry VIII. should be King of Ireland. A Bill to that effect was read a first time in English and Irish, and was received with acclamation. It was then and there read a second and a third time, and all the Lords subscribed it, lest they should thereafter be tempted to deny their consents. The Bill was then sent down to the Commons and read three times, and on the morrow, in presence of both Houses, St. Leger pronounced the royal consent—‘no less,’ he wrote, ‘to my comfort, than to be risen again from death to life, that I so poor a wretch should, by your excellent goodness, be put to that honour, that in my time your Majesty should most worthily have another Imperial Crown.’ This rapid action is in striking contrast to the long and acrimonious discussion excited by a change of the royal style in our own times.244

King and Pope. The royal style.

The question of style was one of considerable practical importance, for the friars had sedulously encouraged the popular notion that the real sovereignty rested in the Pope, and that the King of England was only a sort of viceroy. Alen had recommended the assumption of the royal title four years before; and both Staples and St. Leger had given the like advice. Parliamentary sanction had now been given to the change, and those who acknowledged English law could hardly dispute the principle involved. In the later struggles of Irish parties the contest between the Crown and the Tiara was constantly revived, and the ghost of the controversy is sometimes seen even in our own times. Less than two months before the meeting of St. Leger’s Parliament, Paul III. had written to prepare O’Neill for the arrival of a detachment of the Company of Jesus, and before its dissolution the first Jesuits had landed. But for the moment no opposition was visible. The proclamation of the new style was joyously celebrated by the citizens of Dublin. Salutes were fired. Bonfires were lit. Wine casks were broached in the streets; and there was much feasting in private houses. An amnesty was granted to criminals, except traitors, murderers, and ravishers; but prisoners for debt were not released, lest any creditor should be defrauded. There was some fear lest it should be supposed that the Irish Parliament had elected their King instead of merely declaring his just hereditary right; and many letters were exchanged on the subject. Finally the new style was settled as follows:—‘Henry VIII., by the Grace of God, King of England, France, and Ireland, Defender of the Faith, and of the Church of England, and also of Ireland, in earth the Supreme Head.’ A new Great Seal had to be sent from England, since there was no competent engraver in Dublin. And thus, after the lapse of nearly four centuries, did Henry II.’s successor repudiate all obligations to Rome, and declare himself King of Ireland by right divine.245

Regulations for Munster.

The other Acts passed had no political significance, but followed pretty closely recent domestic legislation in England. After a session of little more than five weeks, Parliament was prorogued with the intention of convoking it again at Limerick. Before the two Houses dispersed, elaborate regulations, which were not embodied in an Act of Parliament, were drawn up for Munster, Thomond, and Connaught. There was no chance of enforcing these ordinances, but some of them are very good. Laymen and minors were disabled from holding ecclesiastical benefices; kernes were ordered to be treated as vagabonds, unless some lord would give bail for them; heads of families were declared responsible for damage done by younger members. Highway robbery and rape were pronounced capital; but by a strange anomaly robberies of above fourteen pence were made punishable by the loss of one ear for the first offence and of the other ear for the second, while death was fixed as the penalty for the third. A system of fines was promulgated for homicides, invasions, and spoils. The Irish jurisprudence was thus acknowledged, but only as a matter of fact, for the chiefs who indulged in open lawlessness were generally beyond the reach of the law. Saffron shirts were forbidden under penalties, and the permissible quantity of linen was carefully prescribed for each rank. A lord might have twenty cubits, his vassals eighteen, and his servants twelve. A kerne was allowed sixteen and an agricultural labourer ten. Stringent but useless limitations were imposed on coyne and livery, the fact being that great men had usually no other means of protecting their districts. Ormonde was appointed chief executor of these ordinances for Tipperary, Waterford, and Kilkenny, and Desmond for the other counties of Munster. Both were to command the assistance of the Archbishop of Cashel and to be entitled to one-third of all fines levied by them, two-thirds being payable to the King. The regulations for Thomond and Connaught were the same as for Munster, but they were probably even less regarded.246

Ireland under the Tudors (Vol. 1-3)

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