When Mountjoy returned to Dublin he found that he had been created Lord Lieutenant of Ireland with two-thirds of the deputy's allowance, Sir George Carew, appointed deputy during his absence in England, receiving the other third together with his own pay as treasurer-at-war. Mountjoy was also informed that the royal pardon had been granted to Tyrone under the great seal, and that all other grants made to him by the lord deputy had been confirmed. The king concluded by requesting that he would induce Tyrone to go with him to London, adding, 'as we think it very convenient for our service, and require you so to do; and if not that at least you bring his son.' Along with these instructions came a protection for O'Neill and his retinue. It was supposed that James felt grateful to the Ulster chieftain for the services he had rendered him during the late queen's reign; and it is stated by Craik that after the victory of the Blackwater, he sent his secretary O'Hagan to Holyrood, to signify to his majesty that if he supplied him with money and munitions he would instantly march on Dublin, proclaim him King of Ireland, and set the crown upon his head.
In compliance with the sovereign's request, Mountjoy, with a brilliant suite, accompanied by Tyrone and Rory O'Donel, embarked in May 1603, and sailed for Holyhead. But when they had sighted the coast of Wales, the pinnace was driven back by adverse winds, and nearly wrecked in a fog at the Skerries. They landed safe, however, at Beaumaris, whence they rode rapidly to Chester, where they stopped for the night, and were entertained by the mayor. The king's protection for the O'Neill was not uncalled for. Whenever he was recognised in city or hamlet, the populace, notwithstanding their respect for Mountjoy, the hero of the hour, pursued the earl with bitter insults, and stoned him as he passed along. Throughout the whole journey to London, the Welsh and English women assailed him with their invectives. Not unnaturally, for 'there was not one among them but could name some friend or kinsman whose bones lay buried far away in some wild pass or glen of Ulster, where the object of their maledictions was more often victor than vanquished.'[2] The king, however, gave the Irish chiefs a gracious reception, having issued a proclamation that he had restored them to his favour, and that they should be 'of all men honourably received.' This excited intense disgust amongst English officers who had been engaged in the Irish wars. Thus Sir John Harrington, writing to a bishop, said: 'I have lived to see that damnable rebel, Tyrone, brought to England, honoured and well liked. Oh, what is there that does not prove the inconstancy of worldly matters! How I did labour after that knave's destruction! I adventured perils by sea and land, was near starving, eat horseflesh in Munster, and all to quell that man, who now smileth in peace at those who did hazard their lives to destroy him; and now doeth Tyrone dare us old commanders with his presence and protection.'
In fact the favour of the king went to an excess fatal to its object, by conceding powers incompatible with his own sovereignty, leading to disorders and violence, and exciting jealousy and mortal enmity in those who were charged with the government in Ireland. The lords of the Privy Council, with the king's consent, gave O'Neill authority for martial law, 'to be executed upon any offenders that shall live under him, the better to keep them in obedience.' It was ordered that the king's garrisons should not meddle with him or his people. The king also invested O'Donel with all the lands and rights of ancient time belonging to his house, excepting abbeys and other spiritual livings, the castle and town of Ballyshannon, and 1,000 acres adjoining the fishing there. He also received the style and title of Earl of Tyrconnel, with remainder to his brother Caffar, the heirs male apparent being created Barons of Donegal. He was formally installed in Christ Church Cathedral on the 29th of September following, in presence of Archbishop Loftus and a number of high officials. Tyrone, however, was dogged by spies while he was in London, and one Atkinson swore informations to the effect that he was in the habit of entertaining a Jesuit named Archer, who was intriguing with the foreign enemies of England, and who was held by Irish royalists for 'the most bloody and treacherous traitor, who could divert Tyrone and all the rest from the king, and thrust them again into actual rebellion.'
In the meantime, Sir George Carew was pursuing a policy in Ireland which must of necessity involve the north in fresh troubles. In his letters to England, he complained that the country 'so swarmed with priests, Jesuits, seminarists, friars, and Romish bishops, that if speedy means were not used to free the kingdom of this wicked rabble, which laboured to draw the subjects' hearts from their due obedience to their prince, much mischief would burst forth in very short time. For,' he said, 'there are here so many of this wicked crew, that are able to disquiet four of the greatest kingdoms in Christendom. It is high time they were banished from hence, and none to receive, or aid, or relieve them. Let the judges and officers be sworn to the supremacy; let the lawyers go to the church and show conformity, or not plead at the bar; and then the rest by degrees will shortly follow.'
Carew was succeeded as deputy by Sir Arthur Chichester, descended from a family of great antiquity in Devon. He had served in Ireland as governor of Carrickfergus, admiral of Lough Neagh, and commander of the Fort of Mountjoy. Father Meehan describes him as malignant and cruel, with a physiognomy repulsive and petrifying; a Puritan of the most rigid character, utterly devoid of sympathy, solely bent on his own aggrandisement, and seeking it through the plunder and persecution of the Irish chieftains. That is the Irish view of his character. How far he deserved it the reader will be able to judge by his acts. He was evidently a man of strong will, an able administrator and organiser; and he set himself at once, and earnestly, to the establishment of law and order in the conquered territories of the Irish princes. He sent justices of assize throughout Munster and Connaught, reducing the 'countries or regions' into shire-ground, abolishing cuttings, cosheries, spendings, and other customary exactions of the chiefs, by which a complete revolution was effected. He issued a proclamation, by the king's order, commanding all the Catholics, under penalties, to assist at the Church of England service; proscribing priests, and other ecclesiastical persons ordained by authority from the see of Home; forbidding parents to send their children to seminaries beyond the seas, or to keep as private tutors other than those licensed by the Protestant archbishop or bishop. If any priest dared to celebrate mass, he was liable to a fine of 200 marks, and a year's imprisonment; while to join the Romish Church was to become a traitor, and to be subject to a like penalty. Churchwardens were to make a monthly report of persons absent from church, and to whet the zeal of wardens and constables, for each conviction of offending parties, they were to have a reward of forty shillings, to be levied out of the recusant's estate and goods. Catholics might escape these penalties by quitting the country, and taking the oath of abjuration, by which they bound themselves to abjure the land and realm of James, King of England, Scotland, France, and Ireland, to hasten towards a certain port by the most direct highway, to diligently seek a passage, and tarry there but one flood and ebb. According to one form, quoted by Mr. Meehan, the oath concluded thus: 'And, unless I can have it (a passage) in such a place, I will go every day into the sea up to my knees, essaying to pass over, so God me help and His holy judgment.'
The deputy found some difficulty in bending the consciences of the Dublin people to the will of the sovereign in matters of faith; but the said will was to be enforced circa sacra at all hazards; so he summoned sixteen of the chief citizens and aldermen before the Privy Council, and censured them for their recusancy, imprisoned them in the castle during pleasure, inflicting upon six a fine of 100l. each, and upon three 50l. each. The king was delighted with this evangelical method of extending reformed religion in Ireland. Congratulating his deputy, he expressed a hope that many, by such means, would be brought to conformity in religion, who would hereafter 'give thanks to God for being drawn by so gentle a constraint to their own good.' The 'gentle constraint' was imposed in all directions. The Privy Council decreed that none but a member of the Church of England could hold any office under the Crown. The old Catholic families of the Pale humbly remonstrated, and their chief men were flung into prison. Sir Patrick Barnwell, their agent, was sent to London by order of the king, and was forthwith committed to the Tower for contempt. Henry Usher, then Archbishop of Armagh, carried out the system of exclusion in his own diocese, which included the territories of Tyrone. All 'Papists' were forbidden to assist at mass, on pain of forfeiture of their goods and imprisonment. In a like manner, the Catholic worship was prohibited even in the residence of the Earl of Tyrconnel. He and Tyrone strongly remonstrated against this violation of the royal word, that they and their people might have liberty for their worship in private houses. The answer was decided. His majesty had made up his mind to disallow liberty of worship, and his people, whether they liked it or not, should repair to their parish churches.
In addition to this religious grievance, which excited the bitterest feelings of discontent, the two earls were subjected to the most irritating annoyances. They complained that their people were plundered by sheriffs, under-sheriffs, officers, and soldiers; and that even their domestic privacy was hourly violated, that their remonstrances were unheeded, and their attempts to obtain legal remedies were frustrated. At the same time their vassals were encouraged to repudiate their demands for tribute and rent. Bishop Montgomery of Derry was a dangerous neighbour to O'Neill. Meeting him one day at Dungannon, the earl said: 'My lord, you have two or three bishopricks, and yet you are not content with them, but seek the lands of my earldom.'
'My lord,' replied the bishop, 'your earldom is swollen so big with the lands of the Church, that it will burst if it be not vented.' If he had confined his venting operations to the chiefs, and abstained from bleeding the poor people, it would have been better for Protestantism. For we read that he sent bailiffs through the diocese of Raphoe, to levy contributions for the Church. 'For every cow and plough-horse, 4d.; as much out of every colt and calf, to be paid twice a year; and half-a-crown a quarter of every shoemaker, carpenter, smith, and weaver in the whole country; and 8d. a year for every married couple.'
This bishop seems to have been greatly impressed with the 'commodities' of O'Cahan's country, which he describes with much unction in a letter to the Earl of Salisbury. He said that the country was 'large, pleasant, and fruitful; twenty-four miles in length between Lough Foyle and the Bann; and in breadth, from the sea-coast towards the lower parts of Tyrone, 14 miles.' He states that O'Cahan was able to assist the Earl of Tyrone, during his war, with 1,200 foot and 300 horse, the ablest men that Ulster yielded; and, by the confession of gentlemen of the first plantation, had oftener put them to their defence than any enemy they had to do with, not suffering them to cut a bough or build a cabin without blows. When Tyrone was driven to his fastness, Glenconkeine, O'Cahan sent him 100 horse and 300 foot, and yet made good his own country against the army lying round about him, adding, that his defection 'did undo the earl, who, as he had his country sure behind him, cared little for anything the army could do to him.' The bishop was, therefore, very anxious that Tyrone should not have any estate in O'Cahan's country, 'since he was of great power to offend or benefit the poor infant city of Derry, its new bishop and people, cast out far from the heart and head into the remotest part of Ireland, where life would be unsafe until the whole region was well settled with civil subjects. If this be not brought to pass, we may say: "fuimus Troes,—fuit Ilium."'[3]
The defection of O'Cahan was, no doubt, a very serious matter to O'Neill. Their case was referred for adjudication to the lord deputy, Chichester, before whom they personally pleaded. Their contradictory statements, and the eagerness of each for the support of a ruler whom they regarded as a common enemy, accounts for the facility with which their power was ultimately destroyed. They at the same time throw much light on the condition of Ulster before the confiscation of James I., proving that it was by no means so poor and wild and barren a region as it is generally represented by modern writers. The two chiefs had a personal altercation at the council table, and O'Neill so far lost his temper as to snatch a paper out of the hand of O'Cahan. Whereupon Sir John Davis remarked: 'I rest assured, in my own conceit, that I shall live to see Ulster the best reformed province in this kingdom; and as for yourself, my lord, I hope to live to see you the best reformed subject in Ireland.' To this the haughty chief replied with warmth, that he hoped 'the attorney-general would never see the day when injustice should be done him by transferring his lands to the Crown, and thence to the bishop, who was intent on converting the whole territory into his own pocket.'