It is generally admitted, even by his critics, that Robartes was a just man and very clever about business. He favoured the Presbyterians, and blamed Archbishop Boyle, the Chancellor, with very good reason, for undertaking more than any man could do. He set his face against pluralities generally, and of course made enemies in this way. His instructions for the army were to see that the men mustered were actually available for service, to allow no officers to be absent from their quarters without his permission, and not to give more than three months’ leave in any year. This Robartes construed in the strictest way and without respect of persons. Even the ordinary allowance for servants was cut off. Lord O’Brien was ordered to Boyle, more than a hundred miles both from Dublin and his own district, and in the ‘devilishest Tory country in Ireland.’ He stayed there for a few days, but soon got leave direct from the King, and went to London with an unfavourable account of the Lord Lieutenant’s proceedings. Sir Nicholas Armourer, who loved wine and company, complained bitterly to his friend Williamson that the jolly parties in Dublin were ended, and that he could not get leave to go to England on urgent private affairs. The army in Ireland had seldom been regularly paid, and there were arrears of long standing. Some officers mustered ineffective men in their private employment. Others retained money which ought to have been given to the men, and such robbery deserved the severest punishment, but the captains of 1670 could not well be held responsible for the defaults of 1662. Nevertheless a number of privates entered into an agreement among themselves to demand all that was due for eight years, and the Lord Lieutenant approved of this approach to mutiny, even rebuking officers publicly in the presence of their men. Charles wrote to say that this would not do, that persons of quality should have due consideration, and that a spirit was being fostered which it might be very difficult to suppress. It would be sufficient to see that there were no frauds in the last muster. Care for the future was much more important than the raking up of old grievances. ‘Be confident,’ said the King, ‘that I will protect and vindicate your authority as long as you serve me there, notwithstanding this freedom that I use to yourself.’ Robartes had moreover claimed the right to hold no correspondence with the Secretaries of State like all his predecessors, and was told that any such pretension was quite inadmissible. Charles concluded with an assurance that this was only ‘a private admonition,’ and that the changes suggested might be carried out by the Lord Lieutenant as of his own motion, ‘and I shall protect you and your authority.’ When he received this letter, Robartes at once tendered his resignation, and begged as his only suit not to be further employed. He had no friends at court, and as the greedy crew there wanted his place, he was taken at his word. Serious people were ready to believe that he was recalled for his virtues, and not for any fault.[84]

Berkeley succeeds Robartes.

Robartes was ready to go at once if he might appoint a Deputy, but he was told to wait until he could deliver the sword to Lord Berkeley, who did not arrive until April 21. The ceremony took place the same day, the outgoing Lord Lieutenant making a speech of four lines. Next morning he stole away quietly in his wife’s coach, leaving her to follow as she might. Besides his general dislike to formalities, it was thought that he preferred no leave-taking to a paucity of leave-takers which could only accentuate his unpopularity. When Lady Ossory came to Dublin a few days later on her way to England, she was met by eighty coaches, half of them with six horses. He sailed from Skerries, having first been entertained by Mr. Cottington, who provided a very good dinner. On reaching the boat he informed his host that his house was on fire, which turned out to be true. Everything was burned to the ground, and Lady Robartes hurried back to condole with the sufferers, but her husband went straight on board ship and again sent word to her to follow him.[85]

Attempt to impeach Orrery.

The obscure intrigues against Ormonde, while successful in depriving him of the Irish government, had failed to get him impeached; and Orrery’s share in the attack did not save him from being assailed in his turn. He had had much to do with the agrarian settlement, and had maintained with vigour the system founded on it. While repressing the Tories on one hand, he held the Cromwellians in check on the other, and enlisted no one in the militia who refused the oaths of allegiance and supremacy. The first steps towards the Dover treaty were taken at the beginning of 1669, and Clifford is reported to have said that no good could be done in Ireland as long as Orrery was President of Munster. But he might hope to succeed Ormonde as Lord Lieutenant, and to that end may have given Charles and James hopes of his co-operation. He had, however, many enemies, and articles by way of petition were presented to the House of Commons in the names of Sir Edward Fitzharris and Philip Alden. Fitzharris was a Limerick landowner, a Roman Catholic, who had been a minor and royal ward when the rebellion of 1641 broke out, had afterwards adhered to Ormonde’s peace, and had been reinstated in his property when he returned from exile after the Restoration. Alden was described by Orrery himself as a representative fanatic and notorious villain. He had been concerned in the Castle plot of 1663, and had broken prison, but gave useful information and received a full pardon. Additional lands were assigned both to Fitzharris and Alden in the summer of 1669.[86]

Failure to show treason.

The petition was presented to the House of Commons on November 25, and a debate followed, the opinion of lawyers being divided as to whether the charge amounted to treason. Maynard, who remembered his part in the Strafford case, thought that it did, while Heneage Finch inclined the other way, saying that he ‘never knew much good done in Parliaments where many impeachments were.’ Edward Seymour, who had brought in the impeachment of Clarendon, followed Maynard, observing that no charge would have been brought against Orrery had not that against Ormonde been abandoned. Sir Robert Howard throughout supported his fellow-dramatist, but upon a division it was resolved by 182 to 144 that there was matter of treason, a copy of the articles was sent to Orrery, and he was ordered to attend and answer them, the serjeant-at-arms to leave a keeper with him until his gout allowed him to move.[87]

The impeachment abandoned.

Seymour had made a rather cruel joke about a fit of gout being curable by impeachment. This was only partially the case, but Orrery, who was a member of the House of Commons, did manage to appear at the bar a week later. To a friend who condoled with him as he painfully mounted the stairs he is said to have replied that if his feet would but carry him up he would promise that his head should bring him safe down again. On Howard’s motion he was allowed to speak sitting, and had little difficulty in showing that no act of treason was charged against him. The tenth article did indeed accuse him of saying that if the King did not confirm the estates of the soldiers’ and adventurers’ party, he ‘should be compelled to do it with 50,000 swords.’ There was some doubt as to whether the word was ‘should,’ which would be a threat, or ‘would,’ which would be only a prophecy. Orrery denied having ever said anything of the kind, and no time or place was mentioned. The third article alleged that Orrery had used armed force to expel Edmund Fitzgerald of Cloyne from Rostellan and to give it to Inchiquin, whose son had married his daughter. To this Orrery replied that he had only done his duty in helping the Sheriff to execute a legal process, adding that Fitzgerald was attainted of murder, robbery, and treason, and a notorious papist, and that Rostellan was ‘a stronghold and near the sea’—commanding the best harbour in Ireland at a time when a French invasion was feared. Even Clifford thought the foundation too slight for an impeachment, Maynard and Finch agreeing that the accusers should be left to their remedy at law. This was carried, but only by 121 to 118. Ten days later there was another debate, but nothing came of it, the King having directed the Duke of York to use his influence with members in Orrery’s favour. Robartes, moreover, threatened to supersede officers with seats in Parliament if they left Ireland without leave, and this seems to have been enough to stop all further proceedings.[88]