On July 21 Chichester, accompanied by the Lord Chancellor and the Chief Justice, and by Davies, who was again joined in commission with the judges, left Drogheda for Monaghan. Fifty or sixty horse and as many foot soldiers were now considered escort enough where a thousand were formerly necessary. At Monaghan, which was only a collection of cabins, the grand jury found true bills without any difficulty, but when it came to the trial of prisoners the petty juries ‘did acquit them as fast and found them not guilty, but whether it was done for favour or for fear it is hard to judge.’ The whole county was inhabited by three or four clans, and every man was tried by his relations, who were naturally very unwilling to serve as jurors. If they convicted any one they were in danger of being killed or robbed, and of having their houses burned. The only plan suggesting itself to the judges was to fine and imprison those who had given verdicts manifestly against the evidence, and two notorious thieves were then found guilty and executed. The principal gentlemen of the district lived upon beef stolen out of the Pale, ‘for which purpose every one of them keepeth a cunning thief, which he calleth his Cater.’ Two of these gentlemen were indicted as receivers, but were pardoned after confession upon their knees, ‘so that I believe stolen flesh will not be so sweet unto them hereafter.’ In Fermanagh, being further from the Pale, this system of purveyance was not so perfectly established, but there was no lack of malefactors. The assizes were held at Devenish near Enniskillen, but all prisoners were acquitted, owing to the careless way in which the evidence had been prepared by the sheriff and the local justices. At Cavan better order was kept, and several civil suits were decided, and the circuit through the three counties was completed in a month. While the Chief Justice and the Attorney-General were delivering the gaols and hearing causes, the Lord Deputy and the Lord Chancellor were occupied with inquiries into the tenure of land. The inhabitants were invited to say what lands they actually possessed, and to set forth all their titles. The evidence thus collected was carried back to Dublin, where it could be sifted and compared with the records.[87]
The Act of Supremacy at Waterford, 1606,
at New Ross,
at Wexford,
and at Wicklow.
Rival hierarchies.
In September, 1606, Davies accompanied the Chief Justice to Waterford, where the chief business was to impose fines for recusancy. Aldermen were prosecuted in the presidency court, the total sum exacted being less than 400l. Others were indicted under the statute of Elizabeth to recover the penalty of one shilling for absence from Church, and about 240l. was raised in this way. A special jury was empanelled and a sort of commission to inquire into the ecclesiastical state of the county, and the judges then proceeded to New Ross, where they found that occasional conformity was practised, and that there was sometimes riotous brawling to ‘disturb the poor minister from making a sermon which he had prepared for his small auditory,’ and even in celebrating the Sacrament. The sovereign of the town was foremost on these occasions. The leaders were cited before the Star Chamber, and the common people were prosecuted for the shilling fine. At Wexford there were many prisoners, and one was condemned and executed for burning down the Protestant vicar’s house. There were 300 civil bills, and even Donell Spaniagh showed an inclination to substitute litigation for cattle-stealing. At Wicklow assizes were held for the newly made shire, and two ‘notable thieves in the nature of rebels’ were hanged. Here, as at Wexford, there seemed a general inclination to accept the new system, and Feagh McHugh’s son was as litigious as Donell Spaniagh. Here, as at Waterford, an inquisition was ordered into the state of the church, but Davies could not see how fitting incumbents were to be provided. The bishoprics were ‘supplied double,’ one by the King and one by the Pope, but the result was not to advance religion.[88]
Compulsory church-going, 1607.
In the following summer Davies made a circuit in Meath, Westmeath, Longford, King’s County and Queen’s County. The country was peaceful and the relentless enforcement of the shilling fine for every Sunday’s and holiday’s absence from service had the effect of filling the town churches, but this reformation was ‘principally effected by the civil magistrate,’ for ruined churches and absentee incumbents were general throughout the country. The flight of Tyrone and Tyrconnel soon after made no difference at all in the state of the country generally, and the courts in Dublin were crowded with suitors from all parts of the kingdom.[89]
The Act of Uniformity in Ulster, 1611.