[CHAPTER XLVI]
GOVERNMENT OF ESSEX, 1672-1677
The Earl of Essex Lord Lieutenant.
The corrupt administration of Berkeley and Leighton could not be called a success, and much to his own surprise the Earl of Essex was named for Lord Lieutenant quite early in 1672. He was made a Privy Councillor along with Halifax in February, and some thought that the latter would go to Ireland. Berkeley’s letter of recall did not reach him till May, and he was forbidden to make any appointment during the remainder of his time, particularly in Dublin, where disorders had lately followed on a change of officers. Some years later the viceroyalty was offered to Halifax, but he said he did not like dining to the sound of the trumpet and with thirty-six dishes of meat. It is not easy to see what caused Essex to be selected, for he could never have been a party to the policy of the treaty of Dover. But his firmness of character was known, and Charles may have thought that by leaving Ireland in strong hands he made it easier to get his own way in England.[100]
State of the corporate towns.
Essex reached Ireland early in August 1672, and was involved at once in the business of the corporations, for the power to make rules under the Act of Explanation expired at Michaelmas. Berkeley’s temporary regulations had been quite abortive, and one of his latest acts had been to recommend Totty as Lord Mayor for another year. The policy of the English Government since the Restoration had been vacillating. In 1661 the King gave orders that the Irish or Roman Catholic inhabitants of towns should be restored to trading privileges, and this was repealed in 1672. The first letter had, however, been followed by another, which expressly declared that it had never been His Majesty’s pleasure to admit the Papists to any share in magistracy or government. In 1670 it was ordered that no one should act as head or member of a corporation without taking the oath of allegiance and such other oaths as were of force in Ireland. Thus the first question that Essex had to decide was whether the oath of supremacy should be enforced or not. He thought that it should be, as otherwise every corporation would be flooded with Roman Catholics. But he would allow the oath to be dispensed with by special favour. He believed that otherwise wealthy Protestant traders would withdraw themselves and their capital from Ireland. This policy was approved of, and Charles ordered the oath of supremacy to be enforced ‘as a general rule,’ and the dispensing power to be exercised by the Lord Lieutenant. This was in harmony with the Declaration of Indulgence which Parliament had not yet had an opportunity of condemning.[101]
New rules made.
Rules were made for Dublin accordingly. To be of any effect the choice of Lord Mayor, Sheriffs, Town Clerk, and Recorder had to be ratified by the Lord Lieutenant. In the case of the Lord Mayor, sheriffs, and treasurers the elective power was confined to the Lord Mayor and not less than eight aldermen. All officers, aldermen, common councillors, and members of guilds had to take the oaths of allegiance and supremacy, the like obligations being imposed upon foreign traders and artisans, who were encouraged to become denizens with the same privileges as natives. Power was reserved to the Lord Lieutenant to dispense with the oath of supremacy at his discretion ‘by writing under his hand.’ Similar rules were made for all the other corporations in Ireland, which thus retained their Protestant character until the viceroyalty of Tyrconnel. By the Act of Explanation, rules made in conformity with it had full statutory force and could not be abrogated without another Act, and no Parliament met in the meantime. The dispensing power was at once exercised, and some Roman Catholics were admitted as common councilmen with the King’s full approval, who nevertheless suspended the operation of the rules by letter until they had been discussed in Council. Anglesey alone opposing, they were approved in due course. The delay caused Essex much trouble and annoyance, for copies of the royal missive were circulated with a view of impairing his authority. The most notable malcontent was the learned and eccentric Dudley Loftus, but the intrigues of Anglesey added fuel to the flame. Loftus, who was a master in chancery, publicly declared that the rules were illegal, which they certainly were not, and was placed under arrest by the Lord Lieutenant. Complaints of the rules and petitions against them continued for some time, but they had the force of law and could not be interfered with. As the validity of the Acts of Settlement seemed to be attacked, there was general consternation among the holders of property, and the King was forced to declare that he had not the slightest intention of interfering with their operation.[102]
Agitators in Dublin.
Essex reported that the population of Dublin had almost doubled since the Restoration, and recommended that a citadel should be built to secure order. Lives having been lost in the bridge riots, there was an undercurrent of discontent which lasted for two or three years, and was sedulously fostered by one Nevill. This man had several aliases, and having been ‘a prompter to plays was afterwards Sir Ellis Leighton’s broker to make his bargains.’ The first thing was to decide as to the legality of the late proceedings. This was tried before the Privy Council, and Essex says he scarcely ever heard a clearer case. By a unanimous vote Sir William Davis was restored to the recordership and the excluded aldermen to their places. Sir John Totty lost his position as clerk of the tholsel, but continued to stir up discontent, in which he was supported by one Philpot, who had been under arrest for contempt of the Council’s decrees, and by three or four other agitators. ‘These have been observed never to be in their shops, but all day long at taverns or coffee-houses, perpetually sending about for several citizens, persuading them to further or promote these seditious designs, which prime movers are men of small estates, and no doubt their aim was to be employed as agents in England, thereby to have got some collection of money from the city, as a little before my coming one Nevill (an unworthy instrument of Sir Ellis Leighton’s) did.’[103]
Phœnix Park granted to the Duchess of Cleveland.