In order to carry out their policy, James and Tyrconnel saw that an Irish Parliament would have to be called, and one of a very different character from the last. There were thirty-two counties, in each of which the freeholders were entitled to return two members, and one hundred cities and boroughs where two members were eligible by the burgesses. In the counties Government could generally maintain itself through subservient sheriffs, and it was resolved to attack the charters in virtue of which the boroughs existed. The process of transforming the municipalities by prerogative alone began as early as June 1686, when Tyrconnel brought over a letter from the King directing the Lord Lieutenant to admit freemen without tendering the oath of supremacy. Even the English oath of allegiance was thought too strict, and he was ordered to be satisfied with a shorter oath of fidelity. Acting by the advice of Judge Daly and other reasonable Roman Catholic Privy Councillors, Clarendon aimed at appointing English and Irish in equal numbers, ‘which they say is the best way to unite and make them live friendly together.’ Had this wise course been persevered in, an understanding might have been arrived at, but Tyrconnel’s faction thought the mere fact of being a Roman Catholic was qualification enough for anything. As it was, all who could make out any sort of hereditary claim were accepted as freemen, though they did not live in the towns and were engaged in no trade or business.[161]
Those who were encouraging James to take extreme measures tried to make out that most Irish Protestants were Cromwellian fanatics or their descendants. Clarendon said that there were not many adventurers or soldiers, nor many of their children remaining. Land had been freely bought by men who wanted to make fortunes by buying in a cheap market. These new purchasers and the representatives of settlers before 1640 formed the bulk of the colony, six-sevenths of the trade being in their hands. They had hitherto had things much their own way, but it was now determined to humble them to the dust. By the statutory rules made under Essex, every mayor or other municipal officer was required to take the oath of supremacy, but might be dispensed from so doing by name and in writing by the Lord Lieutenant and Council. The result of these rules had been to keep the Protestants in power, though the Roman Catholics, scattered for the most part in the country, but claiming the hereditary freedom of old towns, were more numerous. Corporations of recent origin had been the creation of the colonists, and had always been in Protestant hands. The changes made by Clarendon were considerable, but the process was too slow for a man of James’s temper. In August he summoned Tyrconnel to meet him at Chester. The King was attended by Sunderland, and the Deputy by Nagle, Rice, William Ellis, and a Jesuit named Johnson. Richard Hamilton was also at Chester. Tyrconnel wished to keep Sheridan back in Ireland, but orders came from Sunderland that he was to come over, and they went on to Shrewsbury together to meet James, who sent for Sheridan early next morning, and told him he should expect a full report at Chester. There were heated discussions about the Act of Settlement, but no decision was come to. ‘God damn you,’ said Tyrconnel, ‘for making you a Privy Councillor!’ to which the secretary replied that the King made him. The Deputy then damned himself for making him secretary, and told him to go to the devil. Rice and Nagle tried to smooth matters by attributing all this to Sunderland’s wine, but Sheridan says he was sober. Next day Tyrconnel thought it prudent to apologise, pressing the other to dine, ‘and taking him about the neck and hugging him.’ The quarrel broke out again as soon as they got back to Dublin.[162]
Municipal charters annulled.
Tyrconnel had been able to report at Chester that the transformation of the corporations was already well begun. Dublin had resisted successfully for a time, but quo warrantos were brought against all the corporations, except a few that surrendered at discretion. Soon after his return from the Chester conference, James wrote to Tyrconnel announcing that judgment had been given against most of the cities and towns, and that suits were pending for the rest. The Deputy was empowered to issue new charters appointing the officers and members of all municipalities by name, with power to fill up vacancies and to return two members to Parliament. He was to reserve power for himself and his successors to remove all magistrates and officers by Order in Council, both they and the freemen being obliged to swear ‘that it is not lawful upon any pretence whatsoever to take arms against the King.’ This, of course, made all the corporations absolutely subservient to the Government. The charters were brought into the Exchequer, the only Irish court whence no writ of error lay in England, and were nearly all declared forfeited. Rice and his brethren took advantage of every legal quibble, and it does not appear that any case was tried upon its substantial merits. Strafford had long since discovered how easy it was to find technical flaws in letters patent, and Rice before he was a judge had said that he could drive a coach and six through the Act of Settlement. The general result was that two-thirds of each corporation were Roman Catholics who could be trusted to return members of their own persuasion when the time came for a parliament. In many old towns this was no doubt only a return to the state of things that had existed before the Civil War, but the new boroughs were chiefly the creation of English Protestants. No exception was made, Londonderry and Belfast faring like the rest. The colonists were placed in the power of men who had seldom any substantial commercial interest, and who were often descended from the insurgents of 1641.[163]
Panic among the Protestants.
Tyrconnel’s proceedings in general had driven many Protestant families from Ireland. In June 1686, 120 went to Chester in one ship, and multitudes hastened to realise their property. The certainty of his being made Viceroy caused a greater exodus, and while he was waiting for a wind at Holyhead, Ormonde wrote that many men and more women had fled, ‘but I think a less matter than the dread of my Lord Tyrconnel will fright a lady from Ireland to London.’ It was natural that the men who stood their ground should wish to place their families in safety, for Clarendon reports that many merchants and others were going, though he tried to steady them by saying that all would be well. As they left Dublin their places were filled by crowds of officers who came to meet the rising sun. After his arrival Tyrconnel lost no time in proclaiming his intention of dealing justly with all according to the known laws. The prevailing terror had, he said, been much heightened ‘by some few fiery spirits in the pulpits, by taking upon them to treat of matters that do not lie within their province.’ The Protestants, nevertheless, continued to leave Ireland when they could, though magistrates and officers were empowered by proclamation to stop them. Many were unable to go because they could not afford the journey or because they had everything invested in stock or buildings. Officials generally stood their ground from a sense of duty, or lest their places should be taken by hostile Roman Catholics, and many clergymen were actuated by the same motives. But the drain steadily continued, and after William’s invasion at a greatly increased rate.[164]
Lord Chancellor Porter dismissed.
Lord Chancellor Porter, though nothing could be truly said against him, proved less accommodating than was expected, and as early as June 1687 it was rumoured that he would be recalled. Tyrconnel worked incessantly to that end, and accused him of taking a bribe of 10,000l. from the Whigs, ‘which, upon my conscience,’ said Clarendon, ‘is as true as that he has taken it of the Great Turk.’ General MacCarthy was satisfied of Porter’s probity, and Mr. Nihill, a young Roman Catholic King’s Counsel, admitted that if Tyrconnel took a dislike to a man, he had ‘a sly way,’ and would ruin him while pretending to be reconciled. Tyrconnel emerged victorious from the obscure struggle at Court, and Porter shared Clarendon’s fate. They dined together on January 4, and within a week both were recalled. The Lord Chancellor was treated with marked discourtesy, for he only heard of his removal from a third person.[165]
Fitton succeeds him.
No explanation was offered to Porter, the King treating him with studied coolness, and merely remarking that it was all his own fault. He returned to the English bar, and was counsel for Sir Alexander Fitton, his successor as Irish Chancellor, in one of his numerous lawsuits. Fitton, who was released from prison and knighted by the King, seems never to have had any practice to speak of, but he was a convert to the Church of Rome. He had been engaged in long litigation with Lord Gerard, and was accused of setting up a forged deed. A jury found against the document, and he was fined and imprisoned by the House of Lords. He apparently owed his appointment to Father Petre and to James himself, rather than Tyrconnel, whom he accompanied to Ireland. Archbishop King, who was in Dublin during the whole time that he held office, has represented Fitton as not only partial and tyrannical, but quite incompetent to perform his judicial function, while a modern biographer who examined the records of Chancery declares that all was done in order. Possibly the legal knowledge was supplied by two new Masters in Chancery appointed to strengthen the Court. One of these was Felix O’Neill, whose father had been a member of the Confederate Council in 1642; the other was Alexius Stafford, a priest who may have been a learned civilian. Both Stafford and O’Neill were killed at Aughrim. King may or may not have painted Fitton in too dark colours, but Sheridan, who was closely associated with him, says he was ‘a most poor and timorous man, having nothing to maintain him but his office, to which dignity he was surprisingly raised from a tedious imprisonment of many years in the King’s Bench in England for debt and pretended forgery in the business of the estate in dispute between him and Lord Macclesfield.’[166]