CHAPTER XIV

WENTWORTH'S PLANS OF FORFEITURE AND SETTLEMENT

[Sidenote: Defective titles to land.]

[Sidenote: Raising the King's rents.]

It was natural, considering the history of the country, that very

few titles to Irish land should be absolutely without flaw. This

uncertainty affected all business transactions, and nothing was so

much longed for as a possessory title of sixty years, such as James

had granted by statute in England. But the opportunity of increasing

revenue was too good to be lost, and Charles, just before Wentworth's

arrival, issued to him and others a commission for defective titles

which gave almost unlimited power to compound with the owners of

property, and to give them fresh titles in consideration of such

payments as the Commissioners might think fair. Valid grants from the

Crown were not to be disturbed, and lands appropriated to certain

public uses were also excepted. Everything else was at the mercy of

the Commission, but a title once granted was to be confirmed by the

next Parliament. An Act did pass in 1634 confirming such grants as had

been already made, and prospectively ratifying those still to come. But

Wentworth contemplated new settlements like that of Ulster, and the

Commission gave him enormous power. He advised the King to give four

shillings in the pound to the Chief Justice and Chief Baron out of all

increase of revenue for the first twelve months, and so secure five

pounds a year for ever; and this he found to be 'the best advice that

ever was, for now they do intend it with a care and diligence such, as

if it were their own private.' A commission to the henwife has been

commonly found to increase the number of eggs, but the idea is scarcely

applicable to a Chief Justice. Wentworth was not corrupt himself, and

he condemned corruption in others, but in his zeal for the Crown he

advised Charles to do a far worse thing than any that had brought down

Bacon from his high estate.[215]

[Sidenote: Scope of Wentworth's plans.]

[Sidenote: Profit by wardships.]

[Sidenote: Protestant colonies.]

[Sidenote: Tipperary.]

[Sidenote: Clare.]

[Sidenote: Kilkenny.]

[Sidenote: Connaught.]

Among the twenty-six Acts passed in the second session of Wentworth's

obedient Parliament there were several relating to the tenure and

alienation of land. Secret leases for long terms and other fraudulent

conveyances were so common that titles to property were much obscured.

Feudal burdens were shirked, and private injustice was often done.

The general drift of Wentworth's legislation was to secure the public

registration of deeds and wills, and to make the actual possession of

land presumptive proof of its ownership. This reform, he wrote, 'will

without question gain the Crown six wardships for one, besides an

opportunity to breed the best houses up in religion as they fall, which

in reason of state is of infinite consequence, as we see experimentally

in my Lord of Ormonde, who, if he had been left to the education of his

own parents, had been as mere Irish and Papist as the best of them,

whereas now he is a very good Protestant, and consequently will make

not only a faithful, but a very affectionate servant to the Crown of

England.' The gain through the Court of Wards he afterwards reported

to be £4,000 a year. The gain to his great scheme of plantation was

obvious. Here again there was much immediate profit to the Crown and

more in prospect by the establishment of an English and Protestant

population. 'All the Protestants,' he said, 'are for plantations, all

the others against them.' If juries drawn from the Recusant majority

could be got to find the King's title to their lands, so much the

better. If not, there was a Protestant majority in the House of Commons

and the lands requisite for colonisation might be 'passed to the King

by immediate Act of Parliament.' One of the districts selected was

the north part of Tipperary called Ormond, where the Earl had grants

which would have been fatal to Wentworth's scheme, but that he at

once declared himself willing to co-operate. In Thomond or Clare Lord

Inchiquin prudently followed Ormonde's example, but in neither case was

time given to Wentworth for the establishment of his projected colony.

The sept of the O'Brennans had long been in practical possession of

Edough, the northern part of Kilkenny, which includes Castlecomer. The

King's title was found in the usual way, and the territory was granted

to Wandesford, who bought out certain other claimants and who even

made some attempts to compensate the O'Brennans. Many English tenants

were established, and Wandesford's representatives, after having been

ousted during the rebellion, held their own under the Commonwealth and

after the Restoration. Wentworth claimed the whole of Connaught for

the Crown. The general idea was that one-fourth of the land should

be given to settlers, and that the old owners should receive a valid

title for the remainder. Leitrim had been lately planted, and the other

four counties were now claimed. Galway was thought the most likely to

resist, and was left to the last, lest its example should corrupt the

others.[216]

[Sidenote: Submission of Roscommon, July 1635.]

[Sidenote: The King to have his way in any case.]

[Sidenote: Wentworth's charge to the jury.]

The Commissioners for the new plantation were the Lord Deputy himself,

Lord Dillon, acting-president of Connaught, Lord Ranelagh, Sir Gerard

Lowther, Chief Justice of the Common Pleas, Wentworth's friend

Wandesford, his secretaries Mainwaring and Radcliffe, and Sir Adam

Loftus of Rathfarnham, who always supported him. The Commissioners

arrived at Boyle on July 9, 1635, and went to work without delay.

Before leaving Dublin Wentworth had directed the sheriff to enpanel

a jury 'of the best estates and understandings' in the county of

Roscommon. 'My reason,' he said, 'was that this being a leading case

for the whole province, it would set a great value in their estimation

upon the goodness of the King's title, being found by persons of their

qualities, and as much concerned in their own particulars as any other.

Again, finding the evidence so strong, as unless they went against it,

they must pass for the King, I resolved to have persons of such means

as might answer the King a round fine in the Castle-chamber in case

they should prevaricate, who in all seeming even out of that reason

would be more fearful to tread shamelessly and impudently aside from

the truth, than such as had less, or nothing to lose.' The threatened

landowners asked for an adjournment, but Wentworth said the chancery

proceedings begun twenty days before were notice enough. Counsel having

been heard on both sides, Wentworth told the jury that the King's great

object was to make them a civil people, that a plantation was the

readiest means to that end, and that his Majesty would not only take

from them nothing that was theirs, but would also give them something

that was his. In other words they were to be allowed to retain

three-fourths of what they, and everyone else, supposed to be their

own property. No legally valid grant should be questioned, 'but God

knows,' he told Coke, 'very few or none of their patents are good.' The

evidence, Wentworth told the jury, was clear, and if they acknowledged

it frankly they should have easy terms. But the King would have his

way anyhow, and perhaps it would be best for him that they should deny

his title, for in that case he would get all he wanted by a process in

the Exchequer, and they could then expect no mercy. With this threat

hanging over them, the Roscommon gentlemen thought it prudent to

submit, and found the King's title to the whole county.[217]

[Sidenote: Submission of Sligo and Mayo, July, 1635.]

[Sidenote: Resistance of Galway.]

[Sidenote: Opposition of Clanricarde.]

[Sidenote: Threats against all concerned.]

[Sidenote: Punishment of sheriffs and jurors.]

[Sidenote: Galway submits and the King approves of all.]

Sligo, on the 20th, and Mayo on the 31st, followed the example of

Roscommon, but at Portumna in Galway the Commissioners met with a very

different reception. The county, and especially the eastern part of it,

was much under the influence of the Earl of Clanricarde; it contained

hardly any Protestant freeholders, and the influence of the Roman

Catholic clergy was very great. Clanricarde was in England with his

son, but his nephew Lord Clanmorris attended to lead the opposition.

Another nephew was on the jury, and so was John Donnellan, the Earl's

agent or steward. The jury with two exceptions found against the King's

title, and it was observed that those who voted after Donnellan did so

with much greater decision than those who voted before him. Richard

Burke, Clanricarde's nephew, was fined 500_l._ for endeavouring to

influence a brother juror by pulling his sleeve while he was speaking

with the Commissioners. Wentworth was very angry, and resolved to carry

out his plan notwithstanding, but with the difference that half the

land in Galway was to be confiscated, instead of a quarter as in the

other three counties. The disobedient shire should be 'fully lined and

planted with English,' and bridles in the meantime with sufficient

garrisons. 'And for those counsellors at law,' the Commissioners

reported, 'who so laboured against the King's title, we conceive it

is fit that such of them as we shall find reason to proceed withal,

be put to take the oath of supremacy, which if they refuse, that then

they be silenced, and not admitted to practise as now they do; it being

unfit that they should take benefit by his Majesty's graces, that take

the boldness after such a manner to oppose his service.' Wentworth had

taken much credit to himself at Boyle for allowing counsel to appear

before the Commissioners, and this was how he understood freedom of

speech. The sheriff was fined 1,000_l._ and bound over to appear in the

Castle-chamber on a charge of packing the jury, who were also bound

over to be dealt with there. A proclamation was issued to give the

county generally an opportunity of disavowing the jury, and this was so

far successful that a verdict was obtained for the King at Galway in

April 1637. Charles thoroughly approved of the fines, the imprisonments

and the proclamations, and in particular held it 'just and reasonable'

that the Galway landowners should lose half their property instead of a

mere one-fourth.[218]

[Sidenote: Death of Richard Earl of Clanricarde,]

[Sidenote: for which Wentworth is blamed.]

[Sidenote: Ulick, Earl of Clanricarde, Governor of Galway.]

The Earl of Clanricarde had distinguished himself by his courage and

fidelity at Kinsale, and had enjoyed the especial favour of Queen

Elizabeth. He had afterwards married Walsingham's daughter, the widow

of Sidney and Essex. His services thus entitled him to consideration,

and his connections secured him friends at Court. In 1616 James I.,

after a full inquiry by two secretaries of state, had made him governor

of the county and town of Galway in such a manner as to make him

independent of the president of Connaught. This patent expired with

James, but it was amply renewed by his successor for the life of the

Earl and his eldest son. These facts were perfectly well known to

Wentworth, but he advised the King to break his word and revoke the

patent on the purely technical ground that a judicial office could

not be granted in reversion. Clanricarde died within the year, and it

was reported by Wentworth's enemies that hard usage had broken his

heart. 'They might as well,' said the Lord Deputy, 'have imputed unto

me for a crime his being threescore and ten years old.' There was more

reason for imputing to him the death in prison of Martin Darcy, the

unfortunate sheriff of Galway. 'My arrows,' he said on this point,

'are cruel that wound so mortally; but I should be more sorry by much

the King should lose his fine.' The King did not revoke the patent for

the government of Galway, and the young Earl of Clanricarde, who was

to play so important a part in the civil war, seems from the first to

have enjoyed much influence at Court. The Galway jurors were tried

in the Castle-chamber in May 1636, and sentenced to pay £4,000 each

as a fine, to be imprisoned until payment, and to acknowledge their

fault at the assizes upon their knees and in open court. The fine was

afterwards reduced at Clanricarde's request, and the difficulties with

Scotland began before any real progress could be made with the new

settlement.[219]

[Sidenote: Nature of Wentworth's policy.]

[Sidenote: There was a substantial breach of faith.]

Wentworth maintained the King's title to Connaught on purely legal

grounds, not seeming to realise that mere legality was an inadequate

foundation for what was virtually wholesale forfeiture. Some modern

writers who admire or excuse his policy have stated that he set up a

title which would satisfy lawyers; but no one had a greater contempt

for the letter of the law when it stood in his way, and it is the

substantial justice of his action that is really in question. The

Elizabethan lawyers knew perfectly well that the feudal ownership of

Connaught was vested in Edward IV. and his successors, but they did

not, therefore, consider that the land was at the Queen's mercy. The

chiefs and landowners of the province had been acknowledged over and

over again, and had always yielded something to the Crown by way of

cess. Sidney and Perrott reduced this uncertain impost to a small but

fixed rent, and by so doing confirmed the tenure of those who paid

it. It is very true that the exact terms of the contract had seldom

been fulfilled by the Irish, and that most of them had been engaged

in rebellious actions after the composition. That might have been a

reason for forfeiting their land at the time, and demands for arrears

of rent might have been made much later; but this is a very different

thing from confiscation after a generation of peace. Nor was this

all: on July 21, 1615, James I. had written to Chichester directing

that the Connaught landowners should have patents granted them, in

consideration of the composition made by Queen Elizabeth, and reserving

the same rent in future. To this Wentworth answered that the recitals

in the letter as to the fulfilment of the composition covenants were

grounded on false information; that 'the inhabitants were intruders and

had no such estates as could either be surrendered or confirmed.' The

patents actually issued were therefore void, as having been obtained

under false pretences, and for some technical flaws also. The monstrous

result is that the whole population of Connaught were squatters, and

had no rights whatever. It is no wonder that the Irish Parliament had

clamoured for a sixty years' possessory title against the Crown.[220]

[Sidenote: The Londoners' plantation.]

[Sidenote: Destruction of the forests.]

Whatever other objects he may have had in view, profit to the Exchequer

was always sought by Wentworth. In the case of the Londoners'

plantation the mere money consideration was greater, and the political

advantage much less, than in the case of the Connaught proprietors.

Sir Thomas Phillips had almost ruined himself in his contest with the

great corporation, who had certainly done much, but who could easily

be shown not to have done all that they promised. Londonderry and

Coleraine had been secured against attack, but the number of houses was

less than at first agreed upon, and in the country it was found much

easier to take rent from the native occupiers than to bring over the

full number of English settlers. Commercial corporations who become

possessed of political power are always tempted to pay too much regard

to present profit, and the Irish Society of London acted to some extent

as the East India Company did in later times. In the Bann alone more

than sixty tons of salmon were sometimes taken in one day, and this was

much more lucrative than the slow process of settling English farmers

upon the land. It was also much more convenient to convert the vast

woods into ready money than to preserve them for local use, and their

destruction was rapid. In 1803 the county of Londonderry, which had

once contained the great forest of Glenconkein, was officially reported

to be 'perhaps the worst wooded in the King's dominions.' Wentworth saw

his opportunity, and determined to exact his pound of flesh from the

Londoners in Ulster, since they were unwilling to pay arbitrary taxes

at home. A side blow might be dealt to Presbyterianism at the same

time. Proceedings in the Star Chamber against the Corporation of London

had resulted in the summer of 1631 in a Royal Commission to collect

evidence in Ireland, and special attention was ordered to be given to

the representations of Phillips. The cause dragged on for three years,

and early in 1634 Wentworth wrote to Coke to advise that in any case

the grant of the customs of Londonderry and Coleraine, for which the

grantees paid no rent, should be resumed by the Crown, as unfit to

be held by any subject, and especially by a body which owed the King

1,800_l._ 'It is,' he said, 'my humble suit, that at least you take

that feather from them again, as not fit to be worn in the round cap of

a citizen of London.'[221]

[Sidenote: A fine of 30,000_l._ refused,]

[Sidenote: and one of 70,000_l._ imposed.]

[Sidenote: Wentworth wished to confiscate the London plantation.]

The Londoners offered to compromise their case by paying a fine

of 30,000_l._, but this was refused. After a hearing which lasted

seventeen days, judgment was given in the Star Chamber at the end

of February 1635, when a fine of 70,000_l._ was imposed and the

charter declared forfeited. The actual sum levied seems to have been

12,000_l._, which was handed over to the Queen. 'The King,' said

Wentworth's correspondent Garrard, 'now hath good store of land in

Ireland.' 'The Londoners,' said another gossip, the letter-writer

Howell, 'have not been so forward in collecting the ship-money, since

they have been taught to sing heigh-down derry, and many of them will

not pay till after imprisonment, that it may stand upon record they

were forced to it. The assessments have been wonderfully unequal and

unproportionable, which is very ill taken, it being conceived they did

it on purpose to raise clamour through the city.' In the following May

an order was given in the Star Chamber to levy the fine in London, and

to sequester the estates in Ireland. Bramhall, who had a dispute of

his own about some of the lands, was appointed chief receiver, and the

appointment was not likely to be a sinecure in his hands. Wentworth

declared himself ready to carry out the forfeiture in the most drastic

way. 'Would your Majesty,' he wrote, 'be pleased to reserve it entire

to yourself, it might prove a fit part of an appanage for our young

master the Duke of York. It may be made a seigniory not altogether

unworthy his Highness; and for so good purpose I should labour night

and day, and think all I could do little.' James's experiences in

connection with Londonderry were fated to be of a much less agreeable

kind. The hostility of the Londoners had much to say to both Charles

and Wentworth losing their heads.[222]

FOOTNOTES:

[215] A faulty commission was issued in April 1633, but the corrected

version which was acted upon is calendared at June 29, 1634. The

commissioners besides Wentworth were Lord Chancellor Loftus, Cork,

Parsons, Chief Justice Lowther, Wandesford, Radcliffe, and the Barons

of the Exchequer; Sir C. Coote and Mainwaring were added later. A fresh

commission, dated September 1, 1638, is in Rymer's _Foedera_, xx. 263.

_Irish Statutes_, 10 Car. I. cap. 3. Wentworth to the King, December 9,

1636, _Strafford Letters_, ii. 41. In February 1640-1 the Irish House

of Lords asked 'whether it stood with the integrity of the judge to

take 4_s._ per £ out of all increases to His Majesty upon compositions

of defective bills, by avoiding such patents as the same judge condemns

in an extra-judicial way' (_Nalson_, ii. 575).

[216] Wentworth to Coke, December 16, 1634; to Laud, March 10, 1634-5;

Commissioners of plantation to Coke, August 25, 1635; Wentworth's notes

on the Irish revenue, July 6, 1636, _Strafford Letters_. Details as

to Edough are in Prendergast's _Ireland from the Restoration to the

Revolution_, part iii. chap. i.

[217] Wentworth to Coke, July 14, 1635, _Strafford Letters_.

[218] Lord Deputy and Commissioners to Coke, August 25, 1635, and

Coke's answer, September 30, _Strafford Letters_. Hardiman's _Hist. of

Galway_, p. 105.

[219] Wentworth to the King, December 5, 1635. Carte's _Ormonde_ i.

82. Clarendon says that Essex, who already disliked Wentworth, 'openly

professed revenge against him for his treatment of Clanricarde,

_History of Rebellion_, ii. 101.

[220] Abstract of the King's title to Connaught, 1635, _Strafford

Letters_, i. 454. King James's letter of July 21, 1622, is in _Carew_.

See Hardiman's _Hist. of Galway_, 104.

[221] Coke to Wentworth, October 24, 1633; Wentworth to Coke, January

31, 1633-4. J. C. Beresford's _Concise View of the Irish Society_, pp.

51-56.

[222] Garrard to Wentworth, March 1, 1634-5; Howell to same, March 5;

Coke to same, May 25, 1635; Wentworth to the King, April 7, _Strafford

Letters_. Carte's _Ormonde_, i. 83. Among the _Cowper MSS._, November

8, 1633, is a letter from the King ordering 5,000_l._ to Phillips out

of the 70,000_l._

Ireland under the Stuarts and During the Interregnum, Vol. 1 (of 3), 1603-1642 · 第 14 / 20 章