Ireland under the Stuarts and during the Interregnum, Vol. I (of 3), 1603-1642

The more the plan is known, the less it is likedThe scheme is revisedBut few are satisfied

Chichester’s original project was not covetous on the part of the Crown, for it aimed at no greater revenue than 400l. instead of 279l. 3s. 4d. which had hitherto been the highest annual revenue. In consideration of being bound to build castles and to inhabit mountainous regions, the rent demanded from the undertakers, who were to be all Protestants, was somewhat less than that of the Irish freeholders. Whatever might be thought of the plan no one was satisfied with the way in which it worked out. Many such of the natives, say the Commissioners, as formerly ‘agreed to this new plantation now absolutely dislike thereof, and of their proportions assigned them in lieu of their other possessions taken from them, for that, as they affirm, their proportions assigned are not so many acres as they are rated to them, and because the acres taken from them are far more in number than they be surveyed at, which difference cannot be decided without a new survey, which some of the natives desire.’ If the case of the newly-made freeholder stood thus, what must have been the feelings of men who were made altogether landless? Most of the Irish had been concerned in Tyrone’s rebellion, but some had been always loyal, like the old English inhabitants. As for Walter Synnott and others in his position, they professed themselves willing to pay the King as much as the new undertakers, but not in any way to contribute to the expenses incurred by them. After receiving the report of the Commissioners, James agreed to a revised plan which was very favourable to the Irish, or at least to some of them. The new undertakers were to receive only 16,500 acres in all and those the least fertile, the rest, after satisfying Masterson, Synnott, and another, was to be divided among the Irish. When Chichester ceased to be Lord Deputy at the end of 1615, nothing had been finally settled, and recriminations continued for some time. On a fresh survey it was discovered that ‘half the country was before distributed under the name of a quarter only.’ Eighty Irish freeholders were then made in addition to the first fifty-seven, which still left 530 claimants unprovided for according to their own account, or 303 according to the official view. The fortunate ones were of course overjoyed, but by far the greater number were not fortunate. The patentees whose titles had been clearly made surrendered and received fresh grants on a somewhat reduced scale. Of the undertakers whose patents had not been fully perfected Blundell alone secured 500 acres by the King’s especial wish, and 1,000 were assigned to the Bishop of Waterford. The royal revenue was increased by about 300l. a year, and the expenses of the settlement were defrayed by the country.142

Report of Commissioners on the plantationThe Irish inhabitants willing to make some concessions, but are dissatisfied with the terms given

The Commissioners above mentioned were instructed to inform themselves minutely as to the proceedings in the proposed plantation, which at the time of their inquiry had been going on for more than three years; they were to find out how many families were to be displaced, of what condition they were, whether they had been good subjects or not, and whether they held by descent or by tanistry. Similar particulars were to be given about the undertakers or settlers who were to take their places and ‘whether any of them be of the Irish and namely of the Kavanaghs.’ The Commissioners were ordered to discover whether the evictions had been so managed as to deprive the people of their growing crops, and as to the houses available for them on ejectment; and also whether they were capable of making the same improvements as the undertakers were bound to, and of paying the same rents. As Chichester was himself a member of the Commission, the report may be taken as a fair or perhaps as a favourable account of what was actually done. Most of the Irish inhabitants realised that their position as tenants in gavelkind was weak, and they were ready in 1609 to surrender on condition of getting an indefeasible title to three-fourths of their land, leaving the remainder for English settlers. They said there were 667 of them in this position, but the official record only mentioned 440: probably the discrepancy was owing to many of them not having put in their claims by the appointed day. Fourteen out of the whole number had patents from the Crown to show. Before anything was actually done the discovery of the King’s title was made, but at first this seemed to make little difference, and the Irish people were almost persuaded that nothing was intended but their good. They were told that the King would be satisfied with a small increase in his revenue, ‘and that the civilising of the country was the chief thing aimed at’; but that those who thwarted his Majesty’s excellent plans ‘should have justice, which is the benefit of subjects, but were to look for no favour.’ The general idea was that freeholds should not be less than 100 acres, or sixty in some rare cases, and that the rest of the peasants should become leasehold tenants to them or to English undertakers. The freeholders alone would have to serve on juries, and it was desirable not to have too large a panel, as the difficulty of getting verdicts would be increased thereby. Fifty-seven freeholders were accordingly made, of whom twenty-one were not disturbed, the others were shifted about and were not content, declaring that the land given in compensation was insufficient. ‘To the residue,’ the report continues, ‘which claim to be freeholders, being for the most part possessed of but small portions, no allowance of land or recompense is assigned or given.’ There were 390 of these and 14,500 persons besides remained in the country ‘at the will of the patentees.’ It was not proposed actually to remove them from their houses or holdings unless they interfered with a demesne, but for this forbearance there was no adequate security.

A Wexford jury will not find the King’s title, and strong measures are taken

These people, or many of them, had not been unwilling to see English gentlemen come among them, and even to give up some land in order to secure the remainder, but the wind changed when it was discovered that only something like one in ten would have any estate at all. The King’s title had been found by the lawyers, but it was necessary that there should be a verdict also, and in December 1611 a Wexford jury refused to find one. The case was removed into the Exchequer with the same jury, and after much argument eleven were ready to find for the King and five against him. The minority were sent to prison and fined in the Castle Chamber, and the case was remitted to Wexford, where the eleven obedient jurors were reinforced by Sir Thomas Colclough and John Murchoe or Murphy, ‘now a patentee in the new plantation,’ and therefore an interested party, and the King’s title by Lord Lovel’s attainder was thus found.143

Indecision of the KingPeople who benefited by the settlementThe King is convinced by the complainants, but soon changes his mindThe King approves of the plantation

The tendency of James I. to give decisions upon one-sided evidence, and to veer round when he heard the other side, is well illustrated by his dealings with the Wexford settlement. The case for the Irish inhabitants, as matters stood at the end of 1611, may be taken as sufficiently stated in the petition presented by Henry Walsh on their behalf. Walsh seems to have been a lawyer, but he was in possession of 220 acres as a freeholder, which were reduced to 130 by the plan of settlement. He stated that he and his fellows had surrendered upon the faith of a regrant in common socage ‘reduced from gavelkind and other uncertain tenures’ in consideration of paying a head rent of 90l. to the Castle of Ferns and of 60l. into the Exchequer. The regrants were delayed, but on the King’s title being set up he was induced to grant patents to several undertakers, 1,500 acres apiece being assigned to Sir Laurence Esmond, ‘servitor, and a native of Wexford,’ and Sir Edward Fisher, also a servitor. It afterwards appeared that 19,900 acres were disposed of in this way, 500 to Nicholas Kenny the escheator, 1,000 to William Parsons the surveyor and future Lord Justice, 600 to Conway Brady, the Queen’s footman, 1,000 to Francis Blundell, afterwards Vice-Treasurer, 1,000 to Sir Robert Jacob the Solicitor-General, and so forth. Some of these were put into possession by the sheriff even before the issue of their patents, military force being employed. Walsh said a hundred thousand people were affected by these transactions, which was no doubt a great exaggeration, but he could state with some truth that the interests of Sir Richard Masterson and other old English settlers were threatened by the assertion of a title ‘dormant and not heard of time out of mind.’ The Commissioners for Irish causes in London so far supported the petition that they advised the revocation of all patents granted since the surrender of the native landowners, and that no advantage should be taken of them except to exact a moderate increase of the Crown rent. The King thereupon ordered Chichester to revoke the patents to Fisher and Esmond, to raise the rent from 45l. to 50l., and not to allow Henry Walsh to be molested. The petitioners, said the King, had been denied the benefit of the Commission of defective titles, and ‘advantage taken of their surrender to their own disherison.’ Chichester objected that the Commissioners for Irish causes had been misled by false statements, and that he would suspend all action until he had fresh orders. Whereupon the King, who had been having some talk with Sir John Davies, declared that Walsh’s petition was ‘full of false and cautelous surmises,’ and ordered him to be summoned before the Irish Council and punished in an exemplary manner if he failed to prove his statements. Chichester was directed to go on with the plantation, assured of his Majesty’s continued approbation, and encouraged to make the work his own by visiting the district in person.144

The critics to be punished

The preparations for holding a Parliament may have hindered Chichester’s activity, but the King’s vacillations would have caused delay in any case. At the end of 1612 James revoked all former letters on the subject except that of May 7, 1611, by which the Lord Deputy had been authorised to receive the surrender of the natives and to make ‘regrants to such of them as he should think fit such quantities of land and at such rent and upon such conditions as he should think fit.’ There might then be made such an intermixture of English settlers as would civilise the country and ‘annoy the mountain neighbours if they should thereafter stir.’ Henry Walsh and Thomas Hoare, who had held public indignation meetings and ‘endeavoured seditiously to stir up the inhabitants’ against the King’s title and against his good work of plantation, were ordered to be duly punished for their ‘inordinate and contemptuous behaviour.’145

Nullum Tempus occurrit RegiBishop Rothe’s view of the plantationHe foretells future trouble

It is a well-known maxim of our law that the Crown cannot lose its rights through lapse of time. In modern practice this doctrine has been somewhat modified by statute and by the decisions of judges; but in the time of James I. it was accepted literally, and no lawyer or official seems to have thought that there was anything extraordinary in setting up a title for the King which had not been heard of for generations. Those who suffered by the transaction pleaded that Art MacMurrough had no right to the country in the feudal sense, and could not therefore surrender it; and even if the effect of Lord Lovel’s attainder were admitted, there had been no attempt to act upon it for 120 years. The official correspondence has hitherto been followed here, but it is fair to append the criticism of a thoroughly competent observer who lived not far off and who understood the subject. The learned David Rothe, who was a very honest and by no means extreme man, appealed like Bacon to foreign countries and the next age, and published the story of the Wexford settlement in Latin. He showed how little chance rude and illiterate peasants had against lawyers, and he foresaw the consequences of driving them to desperation. ‘The Viceroy,’ he wrote, ‘ought to have looked closer before he suggested an imperfect and shaky title to the King, as a solid foundation for his new right, and before he drove from their well established and ancient possession harmless poor natives encumbered with many children and with no powerful friends. They have no wealth but flocks and herds, they know no trade but agriculture or pasture, they are unlearned men without human help or protection. Yet though unarmed they are so active in mind and body that it is dangerous to drive them from their ancestral seats, to forbid them fire and water; thus driving the desperate to revenge and even the more moderate to think of taking arms. They have been deprived of weapons, but are in a temper to fight with nails and heels and to tear their oppressors with their teeth. Necessity gives the greatest strength and courage, nor is there any sharper spur than that of despair. Since these Leinster men, and others like them, see themselves excluded from all hopes of restitution or compensation, and are so constituted that they would rather starve upon husks at home than fare sumptuously elsewhere, they will fight for their altars and hearths, and rather seek a bloody death near the sepulchres of their fathers than be buried as exiles in unknown earth or inhospitable sand.’146

Outlaws about the plantations

In the autumn of 1619 St. John reported that 300 outlaws had been killed, most of them doubtless in the hills between Tyrone and Londonderry, but many also near the Wexford plantation, where small bands of ten to twenty escaped detection and punishment for a long time. Their own countrymen and neighbours proved the most efficient tools of the Government, and a grandson of Feagh MacHugh O’Byrne, whom St. John addressed as his loving friend, took money for this service. Means were found to satisfy a very few more native claimants, raising the number to 150, which was considered too many, since the really suitable cases had long been dealt with. Some of the Kavanaghs who boasted themselves the descendants of kings, but whom St. John was never tired of describing as bastards and rebels, ‘with a crew of wicked rogues gathered out of the bordering parts, entered into the plantation, surprised Sir James Carrol’s and Mr. Marwood’s houses, murdered their servants, burned their towns, and committed many outrages in those parts in all likelihood upon a conspiracy among themselves to disturb the settlement of those countries. For which outrage most of the malefactors have since been slain or executed by law.’ In London a tenant of Blundell’s, who was perhaps crazy and certainly drunken, asked him for a drink, after taking which he proposed to go to Ireland and help to burn his landlord’s house. Petitioners continued to bring their complaints both to London and Dublin, and in the summer of 1622 Mr. Hadsor, who knew Irish, looked into the matter and begged them to return to their own countries on the understanding that well-founded grievances should be reported to the King.

The undertakers settle down on the land

By the time of Hadsor’s survey things had gone too far to be altered, and the undertakers had laid out large sums, though in many cases less than they were bound to do. St. John reported in 1621 that 130 strong castles had then been built. But Hadsor retained his opinion as to the injustice attendant on the Wexford plantation far into the next reign, and other able officials agreed with him. And so the grievance slumbered or rather smouldered until 1641.147

Plantation in Longford and King’s CountyThe plan better than the executionPersistence of tribal ideas

The territory of Annaly, mainly possessed by the O’Ferralls and their dependents, had been made into the county of Longford by Sir Henry Sidney. Chichester marked it as a good field for plantation in 1610, but there were many difficulties, and nothing was actually done until St. John’s time. In this, as in other cases, the general idea was to respect the rights of all who held by legal title, to give one-fourth of the remaining land to English undertakers and to leave three-fourths to the Irish, converting their tribal tenures into freeholds where the portions were large enough, and settling the rest as tenants. There can be no doubt that the new comers on the whole improved the country, and much might be said for these schemes of colonisation if they had been always fairly carried out. The intentions of the King and his ministers were undoubtedly good, but many causes conspired against them. Not a few of the undertakers in each plantation thought only of making money, and were ready to evade the conditions as to building, and above all as to giving proper leases to their tenants whether English or Irish. And among the natives there were many who hated regular labour, and preferred brigandage to agriculture. The old tribal system was incompatible with modern progress, but the people were attached to it, and their priests were of course opposed to the influx of Protestants.

In the early part of 1615 James gave his deliberate decision that plantations of some kind offered the best chance for civilising Ireland. In this way only could the local tyranny of native chiefs be got rid of, and the people improved by an intermixture of British accustomed to keep order and qualified to show a good example. The turn of Longford came next to that of Wexford, and with it was joined Ely O’Carroll, comprising the baronies of Clonlisk and Ballybritt in King’s County not contiguous to the rest of the plantation. In Ely there were no chief-rents or other legal incumbrances, but 200l. a year were due to the heirs of Sir Nicholas Malby out of the whole county of Longford and 120 beeves to Sir Richard Shaen the grantee of Granard Castle. These rent-charges were irregularly paid, and were the source of constant bickerings. There were no similar incumbrances in Ely, and neither there nor in Longford was there any pre-eminent chief at the moment, which made the task somewhat easier. It was part of the plan that there should in future be no O’Ferrall or O’Carroll with claims to tribal sovereignty.148

Attempt to apply the Wexford lessonThe O’FerrallsA careful surveyEly O’CarrollCases of hardshipTroubles from landless men

It was not till towards the end of 1618 that the conditions of the plantation were at last settled. The correspondence and notes of the survey were submitted to a committee of the Privy Council consisting of Archbishop Abbot, Sir George Carew, the Earl of Arundel, and Secretary Naunton, and their report was acted upon; but a commission to carry out the scheme was not appointed until the following autumn. Chichester as well as St. John were members, and the great care which was taken seems to have made the plantation less unpopular than that of Wexford. Many objections indeed were made to acting upon such an old title as the King had to Longford, and to ignoring grants made in the late reign; though perhaps the lawyers could show that they had for the most part been nullified by the non-performance of conditions. The O’Ferralls had on the whole been loyal, and promises had been made to them. Whatever the arrangements were, it was evident that many natives would have no land, and it was urged that they would be better subjects it if was all given to them. Having no other means of living they would be driven to desperation and commit all manner of villanies, as the tribesmen of Ulster were ready to do if they got the chance. The King, however, was determined to carry out his plan, and the O’Ferralls yielded with a tolerably good grace, objecting not so much to giving up one-fourth of the country to settlers as to having to redeem Shaen’s and Malby’s rents out of the remainder. The Wexford misunderstanding was avoided by having a careful survey taken from actual measurements, and it was found that in Longford 57,803 acres of arable and pasture were available for the purposes of the plantation, the remainder, amounting to over 72,000 acres, being occupied by old grantees or by bogs and woods. Ely was better, 32,000 acres out of 54,000 being described as arable and pasture. The general order was that no freeholder should have less than 100 acres, and those who had less were to have leases for three lives or forty-one years under a planter or some more fortunate native. The unlucky ones generally and naturally complained that the measurements were inaccurate, and that they were thus unfairly reduced to ‘fractions.’ The undertakers, whether English or Irish, were to keep 300 acres in demesne about their houses. There seem to have been some cases of hardship even in the opinion of the Irish Government. Of these the most important was that of Sir John MacCoghlan in King’s County, who had fought bravely on the side of Government, but who, nevertheless, lost part of his property. As late as 1632 he was noted as a discontented man who ought to be watched, and his clansmen generally joined in the rebellion of 1641. As in the case of Wexford trouble came from those who were excluded from freehold grants. They were to have taken up the position of tenants, but could get no land at reasonable rates, and in 1622, after St. John had left Ireland, the Lords Justices reported that they were preparing to come to Dublin in multitudes. The discontent never died out, and Longford was infested with rebels or outlaws so that a rising was feared in 1827 and in 1832. Hadsor, who knew all about the matter, attributed the failure of the plantation to the way in which the natives had been treated, the ideas of King James not having been carried out in practice. Strafford’s strong hand kept things quiet for a time, but in 1641 Longford was the first county in Leinster to take part in the great rebellion.149

The undertakers non-residentThe natives not attracted by short leases, with stringent covenants

A survey of the plantations hitherto made was taken in 1622, and the Commissioners reported that some of the undertakers in Wexford were sometimes resident, and that they had built strongly, though not within the specified time. Their colleague, Sir Francis Annesley, had his demesne stocked and servants on the spot; and it was suggested that he should be enjoined to reside. Some natives complained that they had been cheated, but the patentees had been long in quiet possession, and the Commissioners prudently refused to meddle. In Longford and Ely no undertakers were resident, ‘Henry Haynes and the widow Medhope only excepted.’ In Ely there was no actual provision for town, fort, or free school, though lands had been assigned; but Longford was better off in these respects. Twenty-acre glebes were assigned by the articles to sixteen parishes in Ely, but these had not been properly secured to the incumbents. In Longford the King made large grants to Lord Aungier and Sir George Calvert, which were satisfied out of the three-quarters supposed to be reserved for the natives. Those of the old inhabitants whose interest was too small for a freehold were expected to take leases from the undertakers, ‘but we do not find that they have any desire to settle in that kind.’ They were not attracted by the maximum term of three lives or twenty-one years, at a rent fixed by agreement or arbitration, distrainable within fifteen days, and with a right of re-entry after forty days; nor by covenants to build and enclose within four years.150

Plantation of LeitrimGeneral ill-success of the smaller plantationsThe land unfairly divided

The whole county of Leitrim was declared escheated, and in this case there were no settlers either from England or from the Pale. Mac Glannathy or Mac Clancy, head of the clan among whom Captain Cuellar suffered so much in the Armada year, was independent in the northern district, represented by the modern barony of Rossclogher. The rest of the county was dependent on the O’Rourkes. Some two hundred landholders declared themselves anxious to become the King’s tenants and submit to a settlement. Lord Gormanston claimed to hold large estates as representative of the Nangle family, who had been grantees in former days; but this title had been too long in abeyance. Leitrim was not a very inviting country, and the undertakers were very slow to settle; so that the business was not done until far into the new reign, and was never done thoroughly at all. Carrigdrumrusk, now Carrick-on-Shannon, had been made a borough for the Parliament of 1613, and the castle there was held for the King, but was of little use in preventing outlaws and cattle-drivers from passing between Leitrim and Roscommon. A more vigorous attempt was made at Tullagh, a little lower down the Shannon, where a corporation was founded and called Jamestown. The buildings were erected by Sir Charles Coote at his own expense, and he undertook to wall the place as an assize town for Leitrim. It was further arranged that the assizes for Roscommon should be held on the opposite bank, and the spot was christened Charlestown. But as a whole the settlement of Leitrim was not successful. At the end of 1629 Sir Thomas Dutton, the Scoutmaster-General, who had ample opportunities for forming an opinion, declared that the Ulster settlement only had prospered, and that the rest of Ireland was more addicted to Popery than in Queen Elizabeth’s time. The Jesuits and other propagandists had increased twentyfold. In Wexford, King’s County, Longford, and Leitrim corruption among the officials had vitiated the whole scheme of plantation and made it worse than nothing. Hadsor, who thoroughly understood the subject, said much injustice had been done to the natives, and that the Irish gentlemen appointed to distribute the lands had helped themselves to what they ought to have divided among others. Carrick and Jamestown returned Protestant members to Strafford’s Parliaments, but the large grant to Sir Frederick Hamilton was the most important gain to the English interest. When the hour of trial came, Manor Hamilton was able to take care of itself.151