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

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that the King was supreme governor, without appeal, ‘in all causes as well ecclesiastical and civil,’ and that he was ready to obey him ‘either concerning his function of priesthood, or any other duty belonging to a good subject.’ After this his imprisonment was greatly relaxed, and he was allowed to see visitors freely, to whom he boasted that he had not allowed the King any power in spiritual causes. It was then resolved to indict him under the Statute of Præmunire (16 Richard II.), which was of undoubted force in Ireland, for receiving a papal commission, for assuming the office so conferred, and for exercising every kind of episcopal jurisdiction under it, especially ‘by instituting divers persons to benefices with cure of souls, by granting dispensations in causes matrimonial, and by pronouncing sentences of divorce between divers married persons.’ The case was tried by a Dublin city jury, and all the principal gentlemen in town were present as spectators. Lalor tried to draw a distinction between ecclesiastical and spiritual, but this was quickly overruled, and his former confession was read out in open court. Davies went into the legal argument at great length, and in the end Lalor was fain to renounce the office of Vicar-General and to crave the King’s pardon. The jury then found the prisoner guilty, and in the absence of Chief Justice Ley, Sir Dominick Sarsfield gave judgment accordingly. Part of the penalty was the forfeiture of goods, and this was important, because the Earl of Kildare and other great proprietors had used the late Vicar-General’s services as a trustee, and the Crown lawyers had thus a powerful engine placed in their hands. Lalor was probably banished according to law, as his name disappears from the State correspondence. He had ceased to be of any importance, for his confession destroyed his influence with the recusants.21

Enforced conformityThe MandatesEffect of the Gunpowder Plot

      The Irish Statute of 1560 was the only one available for coercing the laity, and its fine of one shilling, even when swelled by costs, was altogether insufficient to impress the gentry or wealthier traders, and it was resolved to eke it out by recourse to the prerogative pure and simple. All men’s eyes naturally turned to the seat of government, and the first example was made there. Mandates under the Great Seal were directed to sixteen aldermen and merchants, of whom Skelton, the late mayor, was one, ordering them to go to church every Sunday and holiday, ‘and there to abide soberly and orderly during the time of common prayer, preaching, or other service of God.’ They refused upon grounds of conscience, and the case was tried in the Castle Chamber. During the proceedings and while the court was crowded, Salisbury’s dispatch arrived with the news of the Gunpowder Plot, and Chichester ordered it to be read out by Bishop Jones, who had just been made Lord Chancellor, and who took the opportunity to make a loyal speech. This dramatic incident may or may not have influenced the decision which imposed a fine of 100l. upon six aldermen and of 50l. each upon three others, one of whom, being an Englishman, was ordered to return to his own country. Five days later similar sentences were passed upon three more, while three were reserved to try the effect of a conference with Protestant theologians. One of the sixteen escaped altogether by conforming to the established religion, and he was the only one who did conform. This could not be thought a brilliant success, and the mandates were soon subjected to a direct attack.22

The Act Uniformity in Munster. Sir H. Brouncker

      In the province of Munster, where Sir Henry Brouncker succeeded Carew in the summer of 1604, a more energetic course was followed. Brouncker had for many years farmed the customs of wine imported into Ireland, and had probably in that way learned much of the underground communications with Spain. He found Cork swarming with priests and seminaries who said mass almost publicly in the best houses and strenuously maintained that it was ‘his Majesty’s pleasure to tolerate their idolatry.’ For a time he was interrupted by the plague, but soon resumed his efforts to fill the churches and to apprehend the priests of Rome. His idea was to clear the towns while leaving the country districts alone, but he had little success, for the proscribed clergy were everywhere favoured and harboured in gentlemen’s houses under the name of surgeons and physicians. Brouncker maintained that he was of a mild disposition, but that he was driven by the obstinacy of the people to take sharp courses. In one circuit of his province he deposed the chief magistrates in every town except Waterford, ‘where the mayor was conformable,’ and he threatened them all with the loss of their charters. He thought it possible to collect enough fines to make the black sheep support the white.

Priest-huntingThe Mayor of Cork goes to church

      At Limerick he captured Dr. Cadame, a notable priest long resident there, but at Carrick-on-Suir two of the worst priests in Ireland just eluded him. William Sarsfield, mayor of Cork, had been fined 100l. for disobedience to the mandates in the summer of 1606. The general answer given by him and others in the same position was ‘that their forefathers had continued as they were in the Popish religion, and that their consciences tied them to the same,’ not one of them, according to Brouncker’s return, ‘being able to define what conscience was.’ Before the year was out, the President was able to report that Sarsfield, in spite of his Spanish education and his first stubbornness, had ‘by a little correction been brought to church, and so in love with the word preached, and so well satisfied in conscience, that he offered to communicate with him.’ This sounds rather like a profane joke by a man who had been brought up among the countrymen of Suarez and Escobar, and in any case conformity so obtained was of little value. Bishop Lyon, however, had done his duty in providing preachers in his diocese, and perhaps some real progress might have been made if all bishops had been like him. At all events there was a congregation of 600 at Youghal, and some tendency to conformity was apparent even to Chichester’s eyes. Both President and Bishop received the thanks of the English Council, and Salisbury encouraged Brouncker to persevere, but when he died in the following spring James found that ‘his zeal was more than was required in a governor, however allowable in a private man.’ It was not easy to serve a sovereign who insisted on proclaiming the duty of persecution while shrinking from the unpopularity which his own words naturally produced. The fines imposed at Kinsale were altogether remitted in regard to the poverty of the town, elsewhere they were much reduced. The total, however, was considerable, while individuals were ‘reasonably well contented’ at escaping so easily.23

The Mandates in Connaught

      In Connaught Clanricarde had been made Lord President for his services at Kinsale, and no doubt his influence had been increased by his marriage to Essex’s widow. He was in England at the end of 1605, and Sir Robert Remington, the Vice-President, made some show of proceeding like Brouncker. Mandates were issued and a few fines imposed upon citizens of Galway, but these were not fully paid, and there is no evidence that anything was done outside that single town.24

Opposition to the Mandates. Sir P. BarnewallBarnewall and others imprisonedSowing the dragon’s teeth

      A petition against interference ‘with the private use of their religion and conscience’ was presented to the Lord Deputy, and signed by two hundred and nineteen gentlemen of the Pale, of whom five were peers. The principal framer of this document was probably Henry Burnell, the lawyer, who was now very old, but who was still the same man who had opposed Sidney thirty years before, and Richard Netterville, who had then been his colleague. The chief promoter was Sir Patrick Barnewall, who was Tyrone’s brother-in-law, and from whose house of Turvey the northern chief had eloped with Mabel Bagenal in 1591. According to Carew, he was ‘the first gentleman’s son of quality that was ever put out of Ireland to be brought up in learning beyond the seas.’ The petition was presented to Chichester by Sir James Dillon and others during the last days of November, and an answer was soon pressed for. The movement being evidently concerted, and Catesby’s plot being very recent, Burnell and Netterville were restrained in their own houses on account of their infirmity, while Barnewall, Lord Gormanston, Dillon, and others were imprisoned in the Castle. Gormanston and three other peers forwarded a copy of the petition to Salisbury, and complained bitterly of the severe measures which had been taken against the aldermen for no offence but absence from the Protestant service. With something of prophetic instinct Barnewall expressed a fear that the Irish Government were laying the foundation of a rebellion, ‘to which, though twenty years be gone, the memory of those extremities may give pretence.’

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