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

The effects of O’Dogherty’s rising

Fate of O’Cahan

The abortive rebellion of O’Dogherty made the fate of the six Ulster counties harder than it might otherwise have been. It was, say the Four Masters, ‘from this rising and from the departure of the Earls that their principalities, their territories, their estates, their lands, their forts, their fruitful harbours, and their fishful bays were taken from the Irish of the province of Ulster, and were given in their presence to foreign tribes; and they were expelled and banished into other countries, where most of them died.’ Inishowen, which O’Dogherty held by patent independently of Tyrone, was separately forfeited, and the whole of it granted to Chichester himself. The failure of trial by Jury in Neill Garv’s case prevented Davies from running a fresh risk with O’Cahan, who lay long in Dublin Castle, and was sent to the Tower late in 1609 in charge of Francis Annesley, afterwards Lord Mountnorris. Neill Garv and his son Naughton went in the same vessel. ‘The boy,’ said Chichester, ‘has more wit than either of them,’ and he had been at Oxford and at Trinity College, Dublin. No charge was made against him, but he was as proud as his father. O’Cahan remained a prisoner, and no doubt there was plenty of evidence against him, but Chichester, while carrying out the policy of the Home Government, scarcely hides his opinion that he had been badly treated, and that he had the reputation of a truth-telling man. As to the facts, the Lord Deputy’s story tallies closely with that of Docwra. Writing as late as 1614, the latter says deliberately that ‘O’Cahan, from the breach of my promise with him, derives, as well he may, the cause of all his miseries,’ and he thought he would have done nothing rebellious if faith had been kept with him. He was never tried, and spent years in the Tower, where he probably died in 1628. A thousand acres of his old territory was granted, or perhaps only promised, to his wife Honora, with reversion to her son Donell, but the young man went to the Netherlands, returned in 1642 with Owen Roe O’Neill, and was killed at Clones. His elder brother Rory was hanged for his share in the conspiracy of 1615.⁵⁴

CHAPTER V
THE SETTLEMENT OF ULSTER

Ulster before the settlement

The tribal system known to the writers of what are called the Brehon laws survived much longer in Ulster than elsewhere. In the other three provinces the Anglo-Norman invaders may not have made a complete conquest, but they had military occupation and many of their leaders took the position of Irish chiefs when the weakening power of the Crown made it impossible to maintain themselves otherwise. Yet they never forgot their origin, and were ready enough to acquiesce when the Tudor sovereigns reasserted their authority. But there were no Butlers, Fitzgeralds, or Barries in Ulster, while the Burkes withdrew into Connaught and assumed Irish names. For a long time the native clans were left almost to their own devices. Con Bacagh O’Neill, when he accepted the earldom of Tyrone in 1543 and went to England to be invested, took a long step towards a new state of things. Through ignorance or inadvertence the remainder was given to Matthew Ferdoragh, who was perhaps not an O’Neill at all. Shane O’Neill, the eldest son of undoubted legitimacy, kept the leadership of his clan, while insisting in dealing with the government that he was Con’s lawful heir. Even Shane admitted that Queen Elizabeth was his sovereign. When the original limitation of the peerage took practical effect, and Hugh O’Neill became Earl of Tyrone, the feudal honour was most useful on one side while the tribal chiefry was still fully maintained on the other. In two cases, decided by the Irish judges in 1605 and 1608 respectively, gavelkind or inheritance by division among all males was abolished as to lands not forming part of the chief’s demesne, and Tanistry as to the land of the elective chief. This purely judge-made law was followed in the settlement of Ulster with far too little regard to the actual state of things there.⁵⁵

The tribal system

Backward state of the natives

Without going into the technicalities of Celtic tenure it may be assumed for historical purposes that the Ulster Irish consisted of the free tribesmen who had a share in the ownership of the soil and the mixed multitude of broken men who were not only tolerated but welcomed by the great chiefs, but who were not joint proprietors though they might till the land of others. A large part of the inferior class consisted of the nomad herdsmen called creaghts, who were an abomination to the English. There was always much more land than could be cultivated in a civilised way, and the cattle wandered about, their drivers living in huts and sheds till the grass was eaten down, and, then removing to a similar shelter in another place. One main object was to turn these nomads into stationary husbandmen, and it was not at all easy to do. Still more troublesome were the ‘swordsmen’ – that is, the men of free blood whose business had always been fighting and who would never work. They formed the retinue of Tyrone and the rest, and when the chiefs were gone they had nothing to do but to plunder or to live at the expense of their more industrious but less noble neighbours. ‘Many natives,’ says Chichester, ‘have answered that it is hard for them to alter their cause of living by herds of cattle and creaghting; and as to building castles or strong bawns it is for them impossible. None of them (the Neales and such principal names excepted) affect above a ballybetoe, and most of them will be content with two or three balliboes; and for the others, he knows whole counties will not content the meanest of them, albeit they have but now their mantle and a sword.’ Some of these men owned land with or without such title as the law acknowledged. The radical mistake of the English lawyers was in ignoring the primary fact that land belonged to the tribe and not to the individual. It is true that the idea of private property was extending among the Irish, and that the hereditary principle tended to become stronger, but the state of affairs was at best transitional, and the decision in the case of gavelkind went far in advance of the custom. Yet it might possibly have been accepted if Chichester’s original idea had been followed. He wished first to distribute among the Irish as much land as they could cultivate, and to plant colonists on the remainder. What really happened was that everything was done to attract the undertakers, and as the rule of plantation allowed no Irish tenants to have leases under them the natives who remained were reduced to an altogether inferior position. The servitors were allowed to give leases to the Irish, whom they might keep in order by their reputation and by the possession of strong houses. But the amount of land assigned for this purpose was inadequate, and the Irish tenants, who for the most part were not given to regular agriculture, soon found themselves poor and without much hope of bettering their condition. Very light ploughs attached to the tails of ponies were not instruments by which the wilderness could be made to blossom like the rose. This system of ploughing certainly shows a low condition of agriculture, and it was general wherever estates were allotted to native gentlemen. ‘Tirlagh O’Neale,’ says Pynnar, ‘hath 4,000 acres in Tyrone. Upon this he hath made a piece of a bawn which is five feet high and hath been so a long time. He hath made no estates to his tenants, and all of them do plough after the Irish manner.’ Mulmory Oge O’Reilly had 3,000 acres in Cavan, lived in an old castle with a bawn of sods, and ‘hath made no estates to any of his tenants, and they do all plough by the tail.’ Brian Maguire, who had 2,500 acres in Fermanagh, lived in a good stone house and gave leases to some of his tenants, but even they held to the Irish manner of ploughing. A good many of the undertakers made no attempt to build, and of course the lands were in the occupation of Irishmen who were liable to be disturbed at any moment, and therefore very unlikely to improve.⁵⁶

First schemes of settlement

The injustice of confiscating several counties for the default of certain chiefs is obvious to us, even if we admit that their forfeiture was just. But no Englishman at the time, not even Bacon, seems to have had any misgivings. The packet in which the flight of the Earls was announced contained a letter from Sir Geoffrey Fenton to Salisbury with the first rough sketch of the Ulster settlement. The old secretary pointed out that the opportunity had at last come for pulling down the proud houses of O’Neill and O’Donnell, for vesting all in the Crown, and for improving the revenue, ‘besides that many well-deserving servitors may be recompensed in the distribution, a matter to be taken to heart, for that it reaches somewhat to his Majesty’s conscience and honour to see these poor servitors relieved, whom time and the wars have spent even unto their later years, and now, by this commodity, may be stayed and comforted without charge to his Majesty.’ A few days later Chichester wrote more in detail. His idea was to divide the land among the inhabitants as far as they were able to cultivate it. After that there would be plenty left for colonists, and to reward those who had served the King in Ireland. This was the course he advised; otherwise he saw nothing for it but to transplant all the people of Tyrone, Donegal, and Fermanagh with their cattle into waste districts, ‘leaving only such people behind as will dwell under the protection of the garrisons and forts,’ which were to be strengthened and multiplied. Sir Oliver St. John advised some garrisons and corporations, but relied rather upon making the Irish tenants of the Crown at high rents. The Irish, he said, were more used to esteem a landlord whom they knew than a king of whom they seldom heard. Make the King their landlord and they will turn to him, neglecting ‘their wonted tyrants whom naturally they love not.’ Salisbury had already turned his attention to the subject, and the Privy Council in England lost no time in expressing their general approval of Chichester’s plan.⁵⁷

Bacon on colonisation

Bacon’s attention was much drawn to Ireland at this critical time, and Chichester’s secretary, Henry Perse, kept him well informed. Davies wrote to him at length about the flight of the Earls, and he saw that the opportunity had come for making a fresh start. ‘I see manifestly,’ he told Davies, ‘the beginning of better or worse.’ It may therefore be assumed that he had some hand in the proceedings that followed. Both he and Chichester were naturally thinking of the scheme of American colonisation which had just so nearly failed, and were anxious that the mistakes made should not be repeated. ‘I had rather labour with my hands,’ said the Lord Deputy, ‘in the plantation of Ulster than dance or play in that of Virginia.’ The American enterprise, said the Lord Chancellor, ‘differs as much from this, as Amadis de Gaul differs from Cæsar’s Commentaries.’ Bacon warned the Government against sending over needy broken-down gentlemen as settlers. Men of capital were to be preferred, such as were fit to ‘purchase dry reversions after lives or years, or to put out money upon long returns.’ They might not go themselves, but they would send younger sons and cousins to advance them, while retaining the property ‘for the sweetness of the expectation of a great bargain in the end.’ He thought enough was not done to encourage the growth of towns and fortified posts, and yet the example of the Munster failure was ready to hand as to ‘the danger of any attempts of kernes and swordsmen.’ The wisdom of this advice was seen in 1641, when Londonderry alone stood out in all the planted counties. Bacon discouraged facilities for making under-tenancies, for the excluded natives would offer tempting rents and fines, the interest of the grantee waning when he parted with actual possession. Here also the advice was good. The undertakers took Irish tenants, in spite of the rules, because they could get no others, and these tenants turned against them when the day of trial came.⁵⁸

Scots in Ulster. Bishop Montgomery

The Scottish element in the north of Ireland has played an important part in history. One of James’s first acts was to nominate Denis Campbell, who had long been Dean of Limerick, to the sees of Derry, Raphoe, and Clogher. Campbell died before consecration, and George Montgomery was appointed instead. Montgomery was of the family of Braidstane in Ayrshire, an offshoot of the House of Eglinton, who found his way to the English Court and made himself useful both to Cecil and to the King of Scots. His elder brother Hugh remained in Scotland and retailed the news to his own sovereign. George received the living of Chedzoy in Somerset, and the deanery of Norwich, and through life he showed a remarkable aptitude for holding several preferments together. Queen Elizabeth died, and the laird of Braidstane took part in the great Scotch invasion. Having lodged himself at Westminster, says the family historian, ‘he met at Court with the said George (his only then living brother), who had with long expectations waited for those happy days. They enjoyed one the other’s most loving companies, and meditating of bettering and advancing their peculiar stations. Foreseeing that Ireland must be the stage to act upon, it being unsettled, and many forfeited lands thereon altogether wasted, they concluded to push for fortunes in that kingdom.’ The laird accordingly devoted himself to acquiring an estate and a peerage in Down at the expense of the O’Neills, and the parson to enriching the Church and himself in other parts of Ulster.⁵⁹

A lady colonist

The idea that high Irish preferment involved corresponding duties seems to have been very imperfectly understood at this time. Mrs. Montgomery, writing from Chedzoy, informed her relations that the King had bestowed on her husband three Irish bishoprics, ‘the names of them I cannot remember, they are so strange, except one which is Derye.’ Fifteen months later, on the eve of their departure from London, she reported that the King had dismissed the Bishop with many gracious words. ‘I hope we shall not long stay in Ireland, but once he must needs go.’ They were met and escorted into Derry ‘by a gallant company of captains and aldermen,’ and found it a much nicer place than they expected. Their house was English built, small but very pretty and capable of enlargement if Sister Peggy and her husband would come over. There were several ladies and gentlemen ‘as bravely apparelled as in England. The most that we do mislike is that the Irish do often trouble our house, and many times they doth lend to us a louse, which makes me many times remember my daughter Jane, which told me that if I went into Ireland I should be full of lice.’ Excellent flax was to be bought at sixpence a pound, and thread at one shilling, the land was good, and the tenants were continually bringing in beeves and muttons. This lady, who thought only of a short visit, was destined to have some very disagreeable adventures and to remain in Ireland till her death, when her husband wrote of ‘the best gift I ever received, the greatest loss I ever had in this world.’⁶⁰

Episcopal property

A jury of Celtic experts

Montgomery was at once admitted by the King’s special order to the Irish Council, and events soon showed that he enjoyed a good share of royal favour. Chichester was directed to inquire by commission as to the state of ecclesiastical property in his three dioceses. The King’s letter set forth that Church lands had long been usurped by temporal lords, and until the legal tangle could be cleared no grants of Termon or abbey lands were to be made in Monaghan and Fermanagh. Davies, who at first accepted the Bishop’s claim without question, took enormous pains to understand the real nature of these Termon lands, and he seems to have come near the truth. Montgomery claimed that they were rightly the absolute property of the Church, while Tyrone and the other Irish chiefs maintained that only rents were payable, the tribal ownership with fixity of tenure belonging to the Erenachs, who had for ages been in actual possession. Thus old Miler Magrath, who had jobbed Church property so shamelessly, held Termon-Magrath, which included St. Patrick Purgatory, in succession to his father. Davies felt that his law was at fault, and after long controversies hit upon the plan of swearing in a jury of clerks or scholars to find the facts, ‘who gave them more light than ever they had before touching the original and estate of Erenachs and Termon lands.’ Of these fifteen jurors thirteen spoke Latin fluently. Their verdict was hostile to Montgomery, who contended that the Termons were episcopal demesne lands; but James, on his principle of ‘no bishop, no king,’ having asserted his claim to the forfeited property, made it all over to the Church. This was after the flight of Tyrone, but Montgomery’s proceedings may have been one cause of it. He claimed that his patent gave him everything that he or his predecessors had enjoyed, but others were for construing it strictly, and there were many suits against him upon colour of terming divers parcels of his inheritance to be monasteries, friaries, and of abbey land, and the Bishops of Clogher and Derry, where their predecessors had only chief rent, would now have the land itself. And he besought the King to stop such mean courses and make them rest content with what their predecessors had enjoyed for many years.⁶¹

Church and Crown

Chichester’s expedition into the North in the summer of 1608 was a military promenade and an assize circuit combined, an inquiry about the escheated lands being added to the normal business. The commission included no bishop, and Montgomery, who was present during part of the circuit, made this a reason for objecting to anything being done. Davies and Ridgeway found that the Termon lands were in ‘possession of certain scholars called Erenachs, and whereof they were in ancient times true owners and proprietors, the Tyrone jury found to be vested in the Crown by the statute 11th of Elizabeth, whereby Shane O’Neill was attainted, and never since diverted by any grant from the late Queen or his Majesty.’ Montgomery claimed the Termons as demesne, and hurried over to Court with his grievance, carrying a recommendation from Chichester for the bishopric of Meath, which fell vacant at the moment. Davies took care that all the Ulster bishops should be of the next commission, but Chichester ventured to hint that Montgomery affected worldly cares too much and thought too little of reforming his clergy.⁶²

Chichester’s original plan

On October 14, 1608, Ley and Davies left Ireland, carrying with them Chichester’s instructions as to the plantation of Ulster. He briefly described the position of Tyrone, Fermanagh, Donegal, Cavan, Armagh, and Coleraine or Londonderry, desiring them to note ‘that many of the natives in each county claim freehold in the lands they possess; and albeit their demands are not justifiable by law, yet it is hard and almost impossible to displant them.’ Even those who were tainted by rebellion should be considered, and only ‘the rest of the land’ passed to undertakers or to well-chosen servitors. The oath of supremacy was to be taken by all settlers, but some exceptions might be allowed in the case of natives who were to build houses like those in the Pale. The English and Scotch settlers were to build castles, thus securing themselves against native aggression, and the poorer officers were to be placed in the most dangerous places with small salaries to enable them to keep armed men. The natives, as less outlay was demanded from them, were required, and would be willing, to pay more rent than the settlers. The committee appointed to make arrangements in London consisted of Ley and Davies, Sir Anthony St. Leger, Sir Henry Docwra, Sir Oliver St. John, and Sir James Fullerton, with whom Bishop Montgomery was afterwards associated. They all had experience of Ulster except St. Leger, who was Master of the Rolls in Ireland, and had been a commissioner of the Munster settlement, and Fullerton, who was doubtless expected to look after the Scotch element in the business. Chichester thought it necessary to warn Salisbury about his Majesty’s partiality for his original subjects, being of opinion that Highlanders or Islemen introduced into Ulster would be more troublesome and less profitable than the Irish themselves. In about two months the London committee had got so far as to produce a detailed plan for the settlement of Tyrone, and a copy of this was sent to the Lord Deputy.⁶³

British settlers invited over

At the beginning of 1609 the English Government printed and circulated a sort of prospectus, whereby settlers might be induced to offer themselves. Scotch and English undertakers were invited for tracts of a thousand, fifteen hundred, and two thousand acres, paying quit-rents to the Crown at the rate of six shillings and eightpence for every sixty acres, but rent-free for the first two years. It was intended that the largest grantees should hold by knight-service, but this burdensome tenure was afterwards abandoned at Chichester’s earnest prayer and common socage was everywhere substituted. The undertakers, whose portions were to be assigned by lot, were to build castles and bawns or courtyards within two years, and to have access to the royal forests for materials, being bound to keep, train and arm men enough for their defence. Chichester said that two years was not long enough to allow for the buildings, and the time was afterwards extended. Every undertaker was to take the oath of supremacy before his patent could be sealed; none might alienate to the Irish. They were to provide English or Scotch tenants only, and were tied to five years personal residence. Tenancies at will were prohibited. The servitors, generally men with some military experience, were allowed to have Irish tenants, in which case they were to pay 8l. for every thousand acres; but where they established British tenants this was reduced to 5l. 6s. 8d. Alienations to the Irish were forbidden, or to any one who would not take the oath of supremacy, the privileges and duties of the servitors being for the rest much the same as in the first case. The native Irish who formed the third class of grantees were subject, after the first year, to quit-rents twice as large as the undertakers, being subject to the same conditions as to tenures and building, but nothing was said about the oath of supremacy. Chichester knew that the natives could not as a rule build castles or bawns, and this part of the plan turned out to be unworkable. He protested from first to last that too little land was reserved to the Irish. There were further provisoes for erecting market towns and corporations, for at least one free school in every county and for a convenient number of parish churches with incumbents supported by tithes.⁶⁴

Chichester’s criticisms

All schemes of colonisation devised at a distance must necessarily be modified when the actual work begins. Chichester at once objected to the principle of division ‘in the arithmetical proportion or popular equality’ proposed. The grants should, he thought, be larger or smaller according to local circumstances, and to the qualifications of particular settlers. A few eminent persons with means and reputation might, if liberally treated, act as protectors to weaker men who would be exposed to attacks from the natives. People coming from the same part of Britain should be encouraged to settle near together, and this could not be done if everything was left to the chances of a lottery. Moses indeed was the wisest of law-givers, but ‘the Hebrews were mighty in number and rich in substance; compelled into the land of promise by divine necessity, to extinguish the nations and to possess their vineyards, cities, and towns already built, where, and not elsewhere, they and their posterities were to remain. But in the present plantation they have no armies on foot, they are but a few, without means of plantation (as being separated by sea) and every man having free will to take or leave. The country to be inhabited has no sign of plantation, and yet is full of people and subject, but of no faith nor truth in conversation, and yet hardly, or not at all, to be removed, though they be thorns in the side of the English. The county of Tyrone, with Coleraine, only has 5,000 able men.’

The natives neglected

He objected altogether to tenure by knight-service, and that idea was abandoned, and also to a strict limitation of time for building without considering local difficulties. It was evident to him that too little land was assigned to native freeholders, especially in Tyrone, the result of which must be discontent, especially as it was intended to remove the ‘swordsmen or idle gentlemen who in effect are the greatest part of men bearing credit and sway in that province.’ And Chichester begged that the greatest possible latitude should be given to the commissioners who had to decide questions upon the spot.⁶⁵

Survey of escheated lands

Sir John Davies returned to Ireland at the beginning of May 1609, in full possession of the King’s mind on the subject of the plantation. A commission was issued to Chichester and fifteen others, named for the most part by him, to survey the escheated counties and to decide as to the proportions to be allotted to the settlers and natives. In order to meet difficulties about the rights of his see raised by Bishop Montgomery, he was made a commissioner along with the Primate and the Bishop of Kilmore. Davies thought seventeen too many, but the quorum was five, and nothing was to be done without the consent of the Deputy, the Chancellor, the Primate and the Bishop of Derry. The commissioners left Dundalk on August 3 and remained in Ulster until Michaelmas. Besides the business of surveying they prepared an abstract of the King’s title and held assizes for gaol delivery and other purposes in each of the six escheated counties. Davies constantly reported progress to Salisbury, not failing to point out that it was still necessary to take military precautions everywhere. ‘Our geographers,’ he said, ‘do not forget what entertainment the Irish of Tyrconnel gave to a map-maker about the end of the late great rebellion; for one Barkeley being appointed by the late Earl of Devonshire to draw a true and perfect map of the north parts of Ulster, when he came into Tyrconnel, the inhabitants took off his head, because they would not have their country discovered.’⁶⁶

The area underestimated

Lord Audley’s proposals

The Commissioners depended on a survey in which the amount of land available was enormously underrated, even if we suppose that all the waste was omitted. Thus the area of Tyrone was stated as 98,187 acres, whereas it really contains 806,650, of which more than a quarter is waste and water. Well informed people no doubt suspected something of this, and hoped in the scramble to get much more than the estimated quantity. One ambitious undertaker accordingly offered to take charge of 100,000 acres in Tyrone, which was more than the whole county was supposed to contain. Upon this he proposed to bind himself in a penalty of 1,000l. to build thirty-three castles with 600 acres attached to each, and as many towns each with 2,400, and to settle at least 1,000 families. There were further provisions for markets and fairs, and for the erection of glass, iron, and dye works. The rent offered was 553l. and all was to be completed within five years, when this bond might be cancelled. Upon this Chichester sarcastically remarks that he is ‘an ancient nobleman and apt to undertake much; but his manner of life in Munster and the small cost he has bestowed to make his house fit for him, or any room within the same, does not promise the building of substantial castles or a convenient plantation in Ulster. Besides which he is near to himself and loves not hospitality. Such an one will be unwelcome to that people and will soon make himself contemptible, and if the natives be not better provided for than I have yet heard of they will kindle many a fire in his buildings before they be half finished.’ Davies, however, who had married Lord Audley’s daughter, was much comforted to hear that one whose ancestors had conquered North Wales and had been among the first invaders of Ireland should desire to be an undertaker ‘in so large and frank a manner.’ Possibly Lord Audley’s intention resembled that of a speculator who applies for 10,000l. worth of stock on the chance of 500l. being allotted to him. In consideration of his services at Kinsale and elsewhere, 3,000 acres in Tyrone were granted to him and his wife, 2,000 to his eldest son Mervyn, and 2,000 to his second son Ferdinand. When Carew visited these lands in 1611 he reported that nothing at all had been done. Audley was created Earl of Castlehaven in 1616, and died in the following year, but his infamous successor was not more active. Pynnar reported in 1619 that the acreage was considerably larger than had been expressed in the grant, and that upon it there was ‘no building at all, either of bawn or castle, neither freeholders.’ There were a few British tenants at will, but they were fast leaving the land, for the tenants could not get leases without offering large fines for decreased holdings. The younger Castlehaven had by some means got possession of 2,000 acres more originally granted to Sir Edward Blunt, and upon this a house had been built. The total result was that sixty-four British tenants had sixty acres apiece, but they could lay out nothing without leases, and were all going away. The rest, says Pynnar, ‘is let to twenty Irish gentlemen, as appeareth by the Rent-roll, which is contrary to the articles of plantation; and these Irish gentlemen have under them, as I was informed by the tenants and gentlemen in the country, about 3,000 souls of all sorts.’ Thus were sown the dragon’s teeth which in due time produced the rebellion of 1641.⁶⁷