James's first care after his accession was to ingra- 1603. tiate himself with the Irish. Tyrone and Roderick James en ingratiate the Irish O'Donnel, who in the late commotions had been deavours to very active against the government, accompanied himself with Mountjoy to the court of King James, where they were most graciously received: the former was confirmed in all his lands and honours, the latter was created Earl of Tyrconnel. It is evident that James encouraged reports in Ireland, that he should be favourable to the catholics, and they were naturally magnified by the enthusiasm of the Irish. It was even currently believed, that the King himself was of that persua sion *. Mr. Osborne, indeed, says, "it is certain, encouraged by James's secret assistance and promises." Of this, Elizabeth complained to James in a letter, in 1599, remonstrating with him upon the impolicy of abetting what she termed the dangerous party, and failing his own (Saund. King James). No one therefore could be more alive to the dangers of the Irish persisting in rebellion, than King James. He could not have forgotten, that he had underhand favoured Irish rebellions, and courted the catholic powers of the continent with specious promises of being well disposed to the religion of his mother, in order to pave his way to the English throne. It is reported of James, that he sent a letter, under his own hand and seal, to Pope Clement the VIIIth, assuring his holiness, that it was his Majesty's intention to become a Roman catholic whenever he should ascend the English throne. In fact, James objected not to any tenets of the Roman catholic faith; but only to the abusive encroachments of the spiritual over the civil power; for he said in his premonition (James's Works, ed. 1616, p 306): "For myself (if that were yet the question) I would with all my heart give my consent, that the Bishop of Rome should have the first seate. I being a western King, would goe with the patriarch of 1603. Mountjoy marches in to check the cise of reli. gion. that the promise King James made to the Roman catholics, was registered, and amounted so high at least as a toleration of their religion." In the warmth of these hopes and expectations, they no longer considered it necessary to confine their religious worship to privacy in many parts of Leinster, and more particularly of Munster, they openly performed the divine service and other religious ceremonies, in the full external form of the Roman ritual. Mountjoy marched an armed force into Munster, in to Munster order to check this open defiance of the law. At Waopen exer- terford he found the town gates shut against him: the citizens pleaded, that by a charter of King John, they were exempted from quartering soldiers; but Mountjoy instantly replied, that with the sword of King James he would cut to pieces the charter of King John; level their city with the ground, and strew salt upon its ruins. The menace was effectual: Mountjoy entered, and the citizens were terrified into submission. From this conduct of the deputy, the other cities of Munster, which had declared for the free and public exercise of the Roman catholic religion, were intimidated into a like compliance with the laws *. the West. And for his temporall principalitie over the signory of Rome, I doe not quarrell it neither let him in God's name be primus episcopus inter omnes episcopos, et princeps episcoporum so it be no otherwise, but as Peter was princeps apostolorum." This public exercise of the catholic religion ought not to be considered as open and deliberate treason. We have before observed, that the acts of Elizabeth, as well as the other acts of the pale parliainent were not obeyed twenty miles from Dublin: and even within the pale, the penal laws of Elizabeth had not been vion and in For settling the peace and quieting the minds of the nation, and for securing their persons and pro- Act of obliperty from the effects of the law, which most of demnity, them had incurred in some way or other during the general confusion, an act of state, called An Act of Oblivion and Indemnity, was published by proclamation under the great seal, by which all offences against the crown, and all particular trespasses between subject and subject, were, to all such as would come in to the justices of assize, by a certain day, and claim the executed for the last forty years. All the Irish annalists affirm that the Statute of Uniformity (2 Eliz.) was surreptitiously ob tained by the art of Stanyhurst, the then speaker; who, at an unusual hour, and on an unexpected day, procured the bill to be passed by the friends to reform, in the absence of those, who were expected to oppose it. They soon after protested against the act of this smuggled convention; and the Lord Lieutenant assured them with oaths and protestations, that the penalties of that act should never be inflicted, which they believing, suffered it to remain without further opposition. In fact, that law was never executed, during the remainder of Queen Elizabeth's reign, (Vide Analect. Sacr. p. 431,) Other causes may with greater plausibility be assigned for the non-execution of the penal laws, during the reign of Elizabeth, in Ireland; while hundreds were put to death, and thousands suffered in their persons and fortunes un. der similar laws in England. Those within the pale were equally tenacious of their ancient faith, as those without it. The Queen's army was full of native Irish, all or most of whom then were ca tholic. And Morryson (p. 120) asserts, that one half of that galJant army under Lord Mountjoy, which so successfully attacked and at last entirely defeated Tyrone, was Irish; nor did their having less pay than the English or their being exposed to endure the brunt of every action lessen their zeal or activity in the service. benefit of that act, pardoned, remitted, and utterly * Disc. P. 262. + In answer to many severe and unjust reflections formerly and recently made upon the lawless ferocity and intractability of the Irish, I shall cite the authority of Sir John Davies, who certainly. from his official situation of Attorney General, had a fair opportunity of knowing them. (Disc. p. 267.) " Againe these circuits of justice did (upon the ende of the warre) more terrifie the loose and idle personnes then the execution of the martial law, though it were more quick and suddaine: and in a short time after did so c'eere the kingdome of theeves and other capital offenders, as I dare affirme, that for the space of five years last past, there have not bin found so manie malefactors worthy of death in all the six circuits of this realme (which is now divided into thirty-two shires at large), as in one circuit of six shires, namely the western circuit in England. For the troth is, that in time of peace the Irish are more fearful to offend the law, than the English or any other nation whatsoever." (And p. 283.) "In which condition of subjectes, they will gladly continue without defection or adhering to any other lord or king, as long as they may be protected and jus:ly governed without oppression on the one side, or impunity A 1605 mission of James, in order more effectually to acquire the supreme and full dominion both of the Irish and their The comproperty, published a proclamation, which is usually Grace. called the commission of grace, for securing the subjects of Ireland against all claims of the crown. The chief governor was thereby empowered to accept the surrenders of those Irish lords, who still held their estates or possessions by the old tenures of Tanestry and Gavelkind, and to regrant them in fee simple according to the English law: thus converting the estates for life of the chieftains into estates in fee simple *. afraid of ascendancy James in his religious principles was strictly neither James a protestant nor a catholic: and he disliked and dread- the puritan ed the puritans. He ever cherished a filial reverence and affection for his mother; and retained an indeli ble sense of, though he wanted firmness to avenge, the injuries and indignities she had suffered. Vainly assuming the jus divinum to regal irresponsibility, this pedantic monarch had mounted the baseless pinnacle of overstretched prerogative; and whilst he indulged in this visionary security, he permitted himself to be carried down with every stream of flattery, fear, or me on the other. For there is no nation of people under the sunne, that doth love equal and indifferent justice better than the Irish; or will rest better satisfied with the execution thereof, though it be against themselves; so as they may have the benefit and protection of the law, when upon just causes they do desire it." *The legal operation and political purposes of these surrenders and grants are set forth in my Historical Review, Vol. I. p. 100. |