CHAPTER VIII.
THE CASE OF THE FUGITIVE EARLS.
Before proceeding to notice the manner in which these promises of justice, equity, and protection to the occupiers of the land were fulfilled, it is well to record here the efforts made by King James and his ambassador to discredit the fugitive earls on the Continent, and the case which they made out for themselves in the statement of wrongs and grievances which they addressed to the king soon after. There was great alarm in England when news arrived of the friendly reception accorded to the Irish chiefs by the continental sovereigns through whose dominions they passed, and especially by the King of Spain, who was suspected of intending another invasion of Ireland. Consequently the most active preparations were made to meet the danger. In every street of the metropolis drums were beating for recruits, and large detachments were sent in all possible haste to reinforce the Irish garrisons. Sir Charles Cornwallis was then English ambassador at Madrid; and lest his diplomatic skill should not be up to the mark, James himself sent him special and minute instructions as to the manner in which he should handle the delicate subjects he had to bring before the Spanish sovereign. There has been seldom a better illustration of the saying, that the use of speech is to conceal thought, than in the representations which the ambassador was instructed to make about Irish affairs. Indeed Cornwallis had already shown that he scarcely needed to be tutored by his sovereign. In a preliminary despatch he had sent an account of his conversation with Philip III.'s secretary of state about the fugitive earls. He told him that though they had been guilty of rebellions and treasons they had not only been pardoned, but loaded with dignities such as few or none of the king's ancestors had ever bestowed on any of the Irish nation. He had conferred upon them an absolute and, 'in a manner, unlimited government in their own countries, nothing wanting to their ambitions but the name of kings, and neither crossed in anything concerning their civil government, nor so much as in act or imagination molested, or in any sort questioned with, for their consciences and religion.' He thought therefore that they would never have fled in such a way, unless they had been drawn to Spain by large promises in the hope of serving some future turns.
The secretary listened to this insinuation with much impatience, and declared solemnly, laying his hand on his breast with an oath, that of the departure and intention of the earls there was no more knowledge given to the king or any of his state than to the ambassador himself. He added that there had been much consumption of Spanish treasure by supporting strangers who had come from all parts. In particular they had a bitter taste of those who had come from James's dominions; and they would have suffered much more, 'if they had not made a resolute and determined stop to the running of that fountain and refused to give ear to many overtures.' The ambassador expressed his satisfaction at this assurance, and then endeavoured to show how unworthy those Irish princes were of the least encouragement. Their flight was the result of madness, they departed without any occasion of 'earthly distaste' or offence given them by their sovereign, whose position towards the Irish was very different from that of the late queen. Elizabeth had employed against their revolts and rebellions only her own subjects of England, who were not accustomed either to the diet of that savage country, or to the bogs, and other retreats which that wild people used. But now, the king his master, being possessed of Scotland, had in that country, 'near adjoining to the north part of Ireland, a people of their own fashion, diet, and disposition, that could walk their bogs as well as themselves, live with their food, and were so well practised and accustomed in their own country to the like, that they were as apt to pull them out of their dens and withdrawing places, as ferrets to draw rabbits out of their burrows.' Moreover all other parts of Ireland were now reduced to such obedience, and so civil a course, and so well planted with a mixture of English, that there was not a man that showed a forehead likely to give a frown against his majesty, or his government. Cornwallis went on to plead the incomparable virtues of the king his master, among which liberality and magnificence were not the least. But if he had given largely, it was upon a good exchange, for he had sowed money, which of itself can do nothing, and had reaped hearts that can do all. As for the alleged number of 'groaning Catholics,' he assured the secretary that there were hardly as many hundreds as the fugitives reckoned thousands.
According to his report the minister heard him with great attention, and at the conclusion protested, that he joined with him in opinion that those fugitives were dangerous people and that the Jesuits were turbulent and busy men. He assured him on the word of a caballero, that his majesty and council had fully determined never to receive or treat any more of those 'straying people;' as they had been put to great inconvenience and cost, how to deliver themselves from those Irish vagabonds, and continual begging pretenders.
This despatch, dated October 28, 1607, was crossed on the way by one from the English minister Salisbury, dated the 27th, giving the king's instructions 'concerning those men that are fled into Spain.' Cornwallis was directed not to make matters worse than they really were, because the end must be good, 'what insolencies soever the Jesuits and pack of fugitives there might put on. King James knew that this remnant of the northern Irish traitors had been as full of malice as flesh and blood could be, no way reformed by the grace received, but rather sucking poison out of the honey thereof.' He knew also that they had absolutely given commission to their priests and others to abandon their sovereign if Spain would entertain their cause. But this he could not demonstrably prove in foro judicii, though clear in foro conscientiæ, and therefore punishment would savour of rigour. So long as things were in that state his majesty was obliged to suffer adders in his bosom, and give them means to gather strength to his own prejudice, whereas now the whole country which they had possessed would be made of great use both for strength and profit to the king. What follows should be given in his majesty's own words:—
'Those poor creatures who knew no kings but those petty lords, under the burden of whose tyranny they have ever groaned, do now with great applause desire to be protected by the immediate power, and to receive correction only from himself, so as if the council of Spain shall conceive that they have now some great advantage over this state, where it shall appear what a party their king may have if he shall like to support it, there may be this answer: that those Irish without the King of Spain are poor worms upon earth; and that when the King of Spain shall think it time to begin with Ireland, the king my master is more like than Queen Elizabeth was, to find a wholesomer place of the King of Spain's, where he would be loath to hear of the English, and to show the Spaniards who shall be sent into Ireland as fair a way as they were taught before. In which time the more you speak of the base, insulting, discoursing fugitives, the more proper it will be for you. In the meantime upon their departure, not a man hath moved, neither was there these thirty years more universal obedience than there is now. Amongst the rest of their barbarous lies I doubt not but they will pretend protection for religion, and breach of promise with them; wherein you may safely protest this, that for any, of all those that are gone, there never was so much as an offer made to search their consciences.'
Not content with the labours of his ambassadors at the various continental courts, to damage the cause of the Irish earls, the king issued a proclamation, which was widely dispersed abroad. His majesty said he thought it better to clear men's judgments concerning the fugitives, 'not in respect of any worth or value in these men's persons, being base and rude in their original,' but to prevent any breach of friendship with other princes. For this purpose he declared that Tyrone and Tyrconnel had not their creation or possessions in regard of any lineal or lawful descent from ancestors of blood or virtue, but were only conferred by the late queen and himself for some reasons of state. Therefore, he judged it needless to seek for many arguments 'to confirm whatsoever should be said of these men's corruption and falsehood, whose heinous offences remained so fresh in memory since they declared themselves so very monsters in nature, as they did not only withdraw themselves from their personal obedience to their sovereign, but were content to sell over their native country, to those who stood at that time in the highest terms of hostility with the crowns of England and Ireland.' 'Yet,' adds the king, 'to make the absurdity and ingratitude of the allegation above mentioned so much the more clear to all men of equal judgment, we do hereby profess in word of a king that there was never so much as any shadow of molestation, nor purpose of proceeding in any degree against them for matter concerning religion:—such being their condition and profession, to think murder no fault, marriage of no use, nor any man worthy to be esteemed valiant that did not glory in rapine and oppression, as we should have thought it an unreasonable thing to trouble them for any different point in religion, before any man could perceive by their conversation that they made truly conscience of any religion. The king thought these declarations sufficient to disperse and to discredit all such untruths as these contemptible creatures, so full of infidelity and ingratitude, should discharge against him and his just and moderate proceedings, and which should procure unto them no better usage than they would wish should be afforded to any such pack of rebels born their subjects and bound unto them in so many and so great obligations.'