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

CHAPTER XII
THE PARLIAMENT OF 1634

A Parliament to be held

Want of money

The King reluctant to call a Parliament

Hopes of Wentworth, who proposes to hold the balance between parties

Wentworth was determined that his government, and especially his army, should not depend upon benefactions extorted from the fears of the Protestants and bought by dispensations or promises from the Recusants. The officials of his Council were in favour of a Parliament, which they might expect to manage, and which he, on the other hand, felt confident in his ability to rule. People in Ireland had an idea that it was safer to keep the revenue short, because a surplus would be sent to England, whereas a deficit would have to be supplied from thence. This short-sighted policy seemed wise to English settlers as well as to the natives, for they had all good reason to distrust the King. The result had been that the business of government was ill done, and that the Crown owed 80,000l. The ordinary revenue, when there was no parliamentary subsidy or voluntary assessment, fell 20,000l. short of the expenses. The Lord Deputy’s brother George was sent to England on a special mission in February, and came back next month with the King’s leave to hold a Parliament. Charles had cause to dread these assemblies, but Wentworth pointed out that Poynings’ law made them safe in Ireland. The order of business and the introduction of Bills being controlled by the English Government, an enterprising viceroy might be trusted to manage the rest. Wentworth’s plan was to have two sessions, one for supply, the other for redress of grievances. He believed that the landowners would willingly agree to a money vote in order to relieve themselves from the ever-present dread of having the existing contributions established like quit-rents on their estates. And all in Ireland realised that they could expect no redress of grievances without having first provided for the support of the Government and army. Charles accepted the proposed arrangement, but advised that it should be kept secret until the time came. The next matter of importance was the composition of the House of Commons. Wentworth resolved that the Protestant and Roman Catholic parties should be nearly balanced. The Protestant party might be slightly the larger, but its subservience was to be secured by procuring the election of many placemen. Wentworth hoped to get three subsidies of 30,000l. each payable in three years. This would yield 30,000l. over and above current expenses, and with that much ready money he hoped to compound for the whole debt, public creditors having been reduced to a proper state of humility. A little more money might be hoped for after the second session, and with this it might be possible to buy up some of the pensions and rent-charges with which the Irish Exchequer was burdened.¹⁸⁹

Wentworth’s speech to his Council, April, 1634

Everything belongs to Cæsar

Opinions in England

Charles on the parliamentary hydra

Having been allowed to hold a Parliament and to do it in his own way, Wentworth at once set to work to make it a success. He summoned his Council, who thought supply should be accompanied by some assurance from the King that grievances would be remedied. They also wished to limit the levies to the actual expenses, having a well-founded fear that surplus money would be squandered in England, and not applied to the liquidation of the Irish debt. Wentworth at once told them that the King called a Parliament because he preferred standing on the ancient ways, that he had absolute right and power to collect all the revenue he required without the consent of anybody, and that their business as councillors was to trust their sovereign without asking questions. ‘I told them plainly,’ he said, ‘I feared they began at the wrong end, thus consulting what might please the people in a Parliament, when it would better become a Privy Councillor to consider what might please the King, and induce him to call one.’ He would not take less than three subsidies of 30,000l. each, but would get as much more as possible without conditions, and they were not to propose any. The State could not be too well provided. ‘What,’ he asked prophetically, ‘if the natives should rebel? There was no great wisdom to be over-confident in them, being of a contrary religion and so great in number.’ And he concluded by asking them to take warning by the troubles which the Commons’ distrust of their King had brought upon the late Parliaments in England. When this was read at the English Council Cottington could not refrain from the obvious comment ‘et quorum pars magna fui.’ Wentworth owed his own political position to his exertions in favour of the Petition of Right, and now he said that everything the subject had was, and ought to be, at the disposition of the Crown. That Laud should have joked with his friend on this subject and that the latter should have taken it as a joke, is not the least extraordinary thing in Wentworth’s career. ‘As for that hydra,’ said Charles of the House of Commons, ‘take good heed; for you know that here I have found it as well cunning as malicious. Your grounds are well laid and I have great trust in your care and judgment; yet my opinion is, that it will not be the worse for my service, though their obstinacy make you break them’.¹⁹⁰

Wentworth and the Irish nobility, whom he treats with contempt

Wentworth’s speech to his Council, which less earnest people in England thought a superfluous display of strength, reduced that body to complete subjection. He would allow no discussions anywhere about the King’s policy, and he treated the Roman Catholic nobility in the same way as the Protestant Council. The Lord Chancellor ventured to suggest that the Lords of the Pale should be consulted according to precedent, but he was ‘silenced by a direct and round answer.’ Three or four days later Lord Fingall came to the Castle and asked for information on the part of his friends and neighbours, ‘who had been accustomed to be consulted before those meetings.’ Wentworth, who seems to have disliked the man as well as his communication, told him that his Majesty would ‘reject with scorn and disdain’ any advice their lordships could give. Their business was only to hear the King’s will in open Parliament, to make such remarks there as might be fitting for obedient subjects, and to be content with such answers as his Majesty thought fit to give. ‘A little out of countenance’ from the storm of viceregal eloquence, Lord Fingall unluckily remarked that he only wished to draw attention to precedents, and that Falkland had consulted the lords. Wentworth said that was no rule for him, and advised his visitor ‘not to busy his thoughts with matters of that nature, but to leave all to the royal wisdom.’¹⁹¹

How a Government majority was secured Clerical influence

As long as there was a Parliament in Ireland the Government generally found means to secure a majority. Wentworth had to depend chiefly on the boroughs, for many counties were not amenable to pressure. Lord Cork has recorded that when he was in his coach one day with Lord Esmond and Lord Digby a pursuivant brought him six letters from the Lord Deputy directing the return of certain members for places he controlled. Sir George Wentworth, the viceroy’s brother, was to sit for Bandon, his secretaries Mainwaring and Little for Lismore, a second Mainwaring for Dingle, and other less prominent Englishmen for Askeaton and Tallow. Wentworth and William and Philip Mainwaring were elected accordingly, while Little procured a seat at Cashel. Every important man whom the Lord Deputy could influence found his way into the House of Commons. Sir William Parsons sat for the county and Sir George Radcliffe for the city of Armagh, Charles Price for Belfast, and Sir Adam Loftus for Newborough in Wexford. Sir Beverley Newcomen, a distinguished naval officer, represented Tralee, and Wandesford the borough of Kildare. Sir Charles Coote, Sir William Cole, Sir Robert King, and many others who were well known a few years later, also had seats. It was on the Protestants that the Crown depended in the long run, but they had not a large majority. ‘The priests and Jesuits,’ Wentworth wrote, ‘are very busy in the election of knights and burgesses, call the people to their masses, and there charge them on pain of excommunication to give their voices to no Protestant.’ A sheriff in Dublin who seemed inclined to yield to these influences was fined 700l. and declared incapable of serving, and his successor promptly returned Sergeant Catelin and a Protestant alderman.¹⁹²

Parliamentary precedents

The primacy secured to Armagh

Political value of etiquette

The opening ceremonies

Wentworth and Ormonde

In matters of form and ceremony Wentworth was willing to be guided by precedents. He found all the officials very ignorant about parliamentary order, as Falkland’s blunder had already shown, and he sent to England for full instructions. Questions of precedence being left by special commission entirely in his hands, the primacy of Armagh over Dublin was settled by an order in Council, and in the established Church this point was never again disputed, a decision which was undoubtedly right; but Archbishop Talbot afterwards attributed it to the slavish fears of Wentworth’s Council, to his leaning in favour of Ussher, and to the prevalent ignorance of Latin in high places. He admitted that Bishop Leslie of Raphoe was learned, but then was he not a suffragan of Armagh? Wentworth decided such questions when they came in his way, but they had little interest for him – ’this matter of place I have ever judged a womanly thing.’ If it had turned out that he could not determine between the rival claims of peers and prelates, they would, he thought be ‘fit to keep the House itself busied about,’ and prevent them from talking politics. It was arranged that six or seven lords on whom the Lord Deputy could rely should hold four or five proxies each, so that he was in no danger of being outvoted, for the bishops were safe enough. It was not until 1661 that the number of proxies which could be held by any one peer was reduced to two. The committee for privileges in Wentworth’s House of Lords proposed that every peer having Irish honours but no Irish estate should be obliged to purchase land in proportion to his rank, but this was never carried into effect. When the day of meeting came, Wentworth accompanied the Peers to St. Patrick’s Cathedral in great state. His Parliament opened, Wentworth wrote, ‘with the greatest civility and splendour Ireland ever saw, where appeared a very gallant nobility far above that I expected … my Lord Primate made a very excellent and learned sermon.’ The afternoon was spent in formalities and the taking of oaths. One incident at the beginning of the business session is worth recording on account of the great celebrity of the person principally concerned. Orders had been given to admit no one armed into either House, and when the young Earl of Ormonde, who had carried the sword of state at the opening ceremony, presented himself, Black Rod peremptorily demanded his weapon. ‘In your guts,’ was the contemptuous answer. Ormonde sat armed during the day, and when summoned before the Council, produced his writ of summons which ordered him to attend ‘girt with a sword.’ Wentworth had met his match for the first time, and he held a private consultation with his two chief advisers as to what was to be done with this formidable young man. Wandesford was for crushing him, but Radcliffe advised conciliation, and Ormonde became a Privy Councillor at the early age of twenty-four.¹⁹³

The case of Lord Slane

Among the sixty-six lords present at the beginning of this session was William Lord Slane, who was allowed to sit and vote pending the possible reappearance of his elder brother Thomas, who had been tried by a jury in England for murder committed in Ireland, had become a friar, and had not been heard of for fourteen years. This precedent was afterwards relied on in Lord Maguire’s case as establishing the principle that an Irish peer was a commoner in England.¹⁹⁴

Wentworth’s speech

Private consultations forbidden

The Recusants threatened

Election of Speaker

On the second day Wentworth made a speech to both Houses, in what he calls his mildest manner; but it was not very mild. He told them that there was a debt of 100,000l. and an annual deficit of 20,000l. What they had to do was simply to clear off the debt and to provide a permanent equilibrium between receipts and expenditure, so that the necessary maintenance of the army might no longer trouble his Majesty’s princely thoughts. That would be the King’s session. Later on they would have a session of their own, where the King would grant all the favours he thought proper, and where they were to accept his gifts with confidence and gratitude, and without asking for more. ‘Take heed,’ he said, ‘of private meetings and consults in your chambers, by design and privity aforehand to contrive, how to discourse and carry the public affairs when you come into the Houses. For besides that they are themselves unlawful, and punishable in a grievous measure, I never knew them in all my experience to do any good to the public or to any particular man; I have often known them do much harm.’ With a Deputy who knew his own mind, a session strictly limited by the King’s orders to three weeks, and no opportunity for private consultation, the House of Commons was almost powerless. Wentworth’s instinct and the experience of 1613 told him that the chief danger would come from the Roman Catholics, whom he had taken care should form nearly one half of the Lower House. He told them that if adequate supplies were withheld there would be no way of paying the army but ‘by levying the twelvepence a Sunday upon the Recusants.’ The King wished to make no distinction between English and Irish, but if it came to a fight the predominant partner would take care not to be beaten. The first trial of strength was about the choice of a Speaker. The official candidate was Sergeant Catelin, recorder of Dublin and member for the city, against whom there were many mutterings; but the House was told that the King had a veto upon every election, and that it would be steadily exercised until the right man was chosen. Wentworth’s nominee became Speaker without a contest, and expressed himself to his patron’s satisfaction. He was knighted at the end of the Parliament, and received 1,600l. for his services. A copy of what purported to be the Viceroy’s speech was shown by Cottington before its delivery; but this was probably a hoax, for Wentworth declared that it had not been written down beforehand. Cottington had Wentworth’s own account of his harangue to the Irish Council, and the speech to Parliament was little more than a repetition of it.¹⁹⁵

Attempt to purge the Commons

Supply is demanded at once, and six subsidies are voted

The session is talked out

The two Houses at variance

The demand for a prescriptive title to land

On the fourth day of the Session the House of Commons met for business and the Roman Catholics at once demanded that the House should be purged, that is that all members should be expelled who did not inhabit the districts represented by them. This would have been fatal to the Protestant party, which comprised many official persons living in Dublin, and it had been decided in 1613 that residence was not essential. On the other hand Sir Thomas Bramston, who as sovereign of Belfast had returned himself, was declared not duly elected and ordered to refund 16l. which he had received as wages. These payments were fixed as in 1613, at 18s. 4d. a day for counties, 10s. for cities, and 6s. 8d. for boroughs. A committee for privileges was appointed and the Protestants carried the nomination of it by a majority of eight. Seeing that power lay with the party who were certain in the long run to support the Government, Wentworth summoned his Council the same day and Chief Baron Bolton proposed to go on with supply the next morning. He was supported, of course, by Wandesford, Mainwaring, and Radcliffe; but Wilmot, Parsons and St. Leger, the president of Munster, were inclined for a later day. Wentworth then spoke in favour of the bolder and prompter course. The committee, he said, could not possibly increase the Protestant majority, and might have the contrary effect. The Roman Catholics would be anxious to secure the rewards of loyalty by voting for what they could not prevent. His real fear, though he did not say this openly, was lest time should be given for the formation of parties. Wilmot, whom he suspected of intriguing with members of the House of Commons, said he retained his opinion in favour of delay, but that it was useless for any one to speak after the Lord Deputy. The Chancellor then declared himself on the side of power, saying that he should have been for prompt action even if Wentworth had taken the opposite view. After a lecture from the Viceroy on their duty to the King, the Council broke up, and next morning Wandesford proposed a resolution to give six subsidies ‘to be levied in a parliamentary way in four years,’ two in the first and second years, and one each in the third and fourth. Some of the Recusant party, finding themselves in a temporary majority, at once moved to postpone the vote until the House had been purged, and carried it by twenty-eight. But this was recognised as being what is nowadays called a snap division, and when the original motion was nevertheless put both parties feared to lose their credit with the Government. The Roman Catholics, having made their protest, supported Wandesford’s motion, which passed unanimously, and all was over before noon. The rest of this session, said the Lord Deputy compendiously, ‘we have entertained and spun them out in discourses, but kept them nevertheless from concluding anything. No other laws passed but the two Acts of subsidies, and that other short law for confirming all such compositions as are or shall be made upon the commission of defective titles.’ The Government was strengthened by a difference of opinion between the two Houses, which prevented a joint petition in favour of the graces. The Commons claimed the right to sit covered at a conference; this was denied them, no conference took place, and the petition forwarded was in the name of the Lower House only. Wentworth took no trouble to reconcile the two chambers, having learnt in England that a strict understanding between them was not favourable to the Crown. The Lords were, however, quite as anxious for the graces as the elected chamber, and especially for that which promised that sixty years possession should be a good title against the Crown. Indeed, Lord Fingall and Lord Ranelagh were more perseveringly outspoken than any member of the House of Commons. The first, as the head of an ancient family with a very chequered history, who had been treated with scant civility by Wentworth, and the latter, as the son of Archbishop Jones, had doubtless many reasons to fear an inquisition into their titles.¹⁹⁶

Wentworth is refused an earldom

Conscious of having done great service Wentworth asked the King for an earldom, taking precautions that no one should know he had done so. His suit was refused in a rather disagreeable letter, and much indignation has been expressed by many writers, but it is questionable whether this refusal should be added to the load of blame which Charles I. must bear. Wentworth was only forty-one, he had opposed the court until his thirty-sixth year, and he had already received a viscounty and two of the greatest places in the gift of the Crown. Burghley never became an earl. Both Cranfield and Weston had to serve much longer for the coveted honour, and neither of them had ever been in opposition. In later times not only earls but marquesses and dukes have been multiplied exceedingly, and it seems a small favour that Charles refused to a great man. Thousands of people now know something about Strafford who have scarcely heard of Cottington or Windebank, but this was not so at the time. Indeed the fact that his work was chiefly done in the North and in Ireland made him less prominent in the eyes of his contemporaries than inferior men who were always about the Court.¹⁹⁷

Debate on the graces

Petition of the Commons

The King’s promise as to titles

Free Trade demanded

The Lords had discussed the graces, and had ventured to suggest what laws should be passed to carry out the remedial policy foreshadowed by them. The debates had no conclusion, but Wentworth protested even against talk as an infringement of Poynings’ Act. According to him they had no business to do anything more than offer humble prayers to the Lord Deputy; and that was the course adopted by the Commons. The petition begins by reciting that titles in Ireland were generally uncertain, many documents having been lost or stolen during rude and disturbed times, and others being defective through the ignorance of those who drew or engrossed them; ‘whereof divers indigent persons, with eagle eyes piercing thereinto commonly took advantage to the utter overthrow of many noble and deserving persons, that for the valuable consideration of service unto the Crown, or money, or both, honourably and fairly acquired their estates, which is the principal cause of the slow improving planting and building in this land.’ While this uncertainty existed no one had the courage to make improvements, and everyone longed for the English law of James I., which made sixty years possession a good title even against the Crown. This grace, the Commons said, had been ‘particularly promised by his Majesty, approved by both the Councils of State of England and Ireland, and published in all the Irish counties at the assizes, and was most expected of all the other graces.’ They also protested, though in very guarded language, against the common law being overridden by the Council and the Star Chamber. Next to the security of real property the most important matter was the encouragement of trade and manufactures, for want of which Ireland swarmed with ‘vagabonds and beggars, sound of limb and strong of body.’ Free trade was what they really asked for, which was for the benefit of both King and people. On the faith of the graces which they believed would give them prosperity, the subjects of Ireland had already given 310,000l. and now they had voted six subsidies more, which was far in excess of what had been done in past ages. They acknowledged Wentworth’s ‘strong propension’ to advancing the good of the country, and exhorted him to increase his reputation by persuading his Majesty to redeem past promises and thus to ‘conserve a right intelligence between the best of Kings and his most faithful and dutiful subjects of Ireland.’¹⁹⁸

The King’s promises are not kept

The King can do no wrong

Prorogation August 2

Second session, Nov. 4

The Commons are unmanageable

Sir Piers Crosbie

Wentworth’s answer was what might have been expected. Official extortion he was ready to repress, and all administrative reforms he would further to the utmost, but rather by way of concession from the King than by law. Orders in Council were to be preferred to Acts of Parliament, unless the latter were likely to bring profit to the Exchequer. Nothing was to be done to limit the royal power in any way. The much-desired sixty years’ title was not to be established by law, for it would involve the loss of fees and fines under the commission for confirmation of defective titles, it would interfere with the King’s profit upon tenures, and it would almost entirely prevent the colonisation schemes from which Wentworth expected so much. These ideas were readily adopted at Court, and the word of a King was once more shown to be of none effect. Wentworth dreaded the imputation of refusing to redress grievances after the price of reform had been paid, but hardly seems to have realised that he was doing that very thing. He had the courage of his opinions, and he knew his ‘great master’ as he is fond of calling Charles. ‘In these particulars,’ he said, ‘wherein the request of the petition shall be yielded to by your Majesty, we desire to reserve entirely to yourself the beauty of the act, and the acknowledgment thereof; so in the other particulars, wherein there is reason to deny them their requests, we your servants will assume the same to ourselves.’ The Chancellor, Lord Cork, and Sir William Parsons lent the weight of their signatures to Wentworth’s memorandum, but the name of Mountnorris is wanting. Rumours that the graces would be withheld were soon in circulation, and on November 4, after a three months’ recess, Parliament met again in very bad humour. There had been some delay in transmitting final instructions from England, and it was not till the 27th that Wentworth announced the denial of the most important graces. In the House of Commons the Roman Catholics, through the negligence or secret sympathy of some Protestants, found themselves in a majority upon that day, and at once broke into open revolt. They rejected every Bill presented to them, though some were evidently useful and harmless, and business was at a standstill. ‘Had it continued two days in that state,’ said Wentworth, ‘I had certainly adjourned the House, advertised over, and craven his Majesty’s judgment.’ For a moment the lead of the Opposition was assumed by Sir Piers Crosbie, member for the Queen’s County, a Protestant and a Privy Councillor, and here Wentworth saw his opportunity. He summoned the Council, and easily persuaded them to suspend Crosbie, and he afterwards had instructions from England to expel him altogether. He then went to the House of Lords. ‘I told them,’ he said, ‘what a shame it was for the Protestant party, that were in number the greater, to suffer their religion to be insensibly supplanted, his Majesty in some degree disregarded, the good ordinances transmitted for their future peace and good government to be thus disdainfully trodden under foot by a company of wilful, insolent people, envious both to their religion and to their peace, and all this for want of a few days’ diligent attendance upon the service of the public.’

Wentworth rallies the Protestant majority

Expulsion of Geoffrey Baron

He urged each peer to exert his influence with friends in the House of Commons; this was done, and a working majority was again secured. Among the wilful insolent people was Geoffrey Baron, member for Clonmel, ‘a young man, a kind of petty chapman’s son, who by peddling left him some 200l. a year,’ who opposed everything and who recklessly misstated facts. Wentworth determined to make an example of him, and the motion for his expulsion was carried by sixteen. After this things went smoothly, and all the Government Bills were passed into law.¹⁹⁹

Sir Vincent Gookin’s case

An impeachment threatened

Judicial functions of Parliament

Gookin on the English settlers

Soon after the beginning of the second session both Houses were much excited by a letter of Sir Vincent Gookin, an enterprising English settler who had much property in the county of Cork. It was addressed to the Lord Deputy, though never delivered to him, and it is doubtful whether it was printed or not. In any case it was freely circulated in Munster, and a copy of it read out in the House of Commons. It was, says Wentworth, ‘a most bitter invective against the whole nation, natives, old English, new English, Papist, Protestant, captains, soldiers and all … it was evident they would have hanged him if they could. The libel indeed is wondrous foul and scandalous.’ An impeachment was threatened, and the two Houses had a conference, where Lord Mountnorris pointed out that the House of Commons had no power to administer an oath, but that the Lords would examine their witnesses and give sentence even in the delinquent’s absence. The judges were consulted, and declared that his land could not be seized as security for his appearance. Mountnorris said nothing about the Deputy and Council, and Wentworth, to prevent the assumption of judicial authority by Parliament, had already sent a pursuivant to arrest Gookin, who made haste to get out of Ireland, where his life was hardly safe. Wentworth in person informed Parliament that the principle of Poynings’ Act extended to judicial as well as to legislative functions, and that moreover the case was already in his hands. He observed that the King had no reason to be pleased with the exercise of parliamentary jurisdiction in England, and having always an eye to revenue, he added that Sir Vincent, who was a very rich man, was well able to bear a fine great in proportion to his offence. Early in the following year Gookin was brought back from England and imprisoned in the Castle, and Wentworth received the thanks of Parliament with a request that he would continue the prosecution, which the English Government left in his hands. It does not appear whether this was done, but Gookin, who paid 1,000l. a year to labourers and fishermen in the neighbourhood of Bandon, and who had thirty years’ experience of Ireland, came into frequent collision with Lord Cork, which was likely to make Wentworth lenient. Gookin was a strong Protestant, who hated the Irish and their priests, and was quite willing to be hated by them in return, but he thought the English Irish even worse. It might have been different if the settlers could have been kept to themselves, but as it was the English influence had a constant tendency to grow weaker. ‘As soon as any Englishman cometh over and settleth himself in this country and hath gotten any estate, he findeth himself environed with the Irish, and hath no safety both for himself and posterity but by some way to stick themselves by marriage and gossiping or the like.’ Gookin died some four years later, and his son, who played a considerable part during the Commonwealth, took a somewhat different view of the country.²⁰⁰