Ireland under the Tudors (Vol. 1-3). Bagwell Richard
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Parliament of 1536.
Grey was commissioned to summon a Parliament, which accordingly met on Monday, May 1, the day before Anne Boleyn was sent to the Tower. In less than three weeks a number of important bills were passed, of which drafts carefully settled by Audeley himself had been sent from England. The succession was secured to the issue of Anne Boleyn, as Brabazon wrote only two days before that unfortunate lady’s execution. Before the letter reached London Jane Seymour had already been Queen a full fortnight, and Cromwell’s concern was, if possible, to stop the passing of an Act which would have to be repeated so soon. It was too late to do this, but the Parliament made no difficulty about enacting the same stringent rule of succession for the third as they had done for the second wife. They thus achieved the unique distinction of passing two contradictory Acts of Settlement within eighteen months. This remarkable performance does not adorn the printed statute book, because that compilation was made when Elizabeth was firmly seated on the throne.172
The royal supremacy.
The bill declaring the King to be supreme head of the Church encountered some opposition from the proctors of the clergy, two of whom were summoned to Parliament from each diocese. The proctors had only consultative voices, but they now claimed not only to be full members of Parliament, but to form a separate order whose consent would be necessary to every change in the law. An Act was passed declaring them no members of the body of Parliament, as they had ‘temerariously assumed and usurpedly taken upon them to be.’ In spite of their opposition and of much secret discontent, a series of Acts were passed to emancipate the Irish Church from Roman influences, or rather for subjecting her to King Stork instead of to King Log. All dues hitherto paid to Rome were forbidden, and the election and consecration of bishops were withdrawn from papal control. Appeals were transferred from the Pope to the King. The payment of first-fruits was imposed on all secular dignitaries and beneficed clergymen, abbots and priors being for the time exempted. The abrogation of this heavy and oppressive tax was reserved for the energy of Swift or the piety of Anne. By Audeley’s advice the English heresy laws were not copied in Ireland. An Act was passed to validate the proceedings of this Parliament, though it had been held contrary to Poyning’s law, but the spirit if not the letter of that famous measure had been observed by preparing the bills in England. Indeed, the Parliament was as subservient as any official could wish. ‘The Common House,’ wrote Brabazon, ‘is marvellous good for the King’s causes, and all the learned men within the same be very good; so that I think all causes concerning the King’s grace will take good effect.’173
The Act of Absentees.
The weakening of the English power in Ireland by the non-residence of great proprietors had long been recognised. Edward III., on the occasion of his son Lionel’s mission, announced by proclamation that the lands of absentees would be granted to Englishmen willing and able to defend them against the Irish. An English Parliament under Richard II. provided that in case of absenteeism the Viceroy and Council might divert two-thirds of the rents and profits to the defence of the country in ordinary cases; one-third in the case of students, of persons absent on the King’s service, or of those who had leave of absence under the great seal. Whether or not this English law was ever re-enacted or obeyed in Ireland, forfeiture was considered an incident of non-residence, and special Acts were passed to protect those who left Ireland on the public service. Henry VI. made a law ordering his subjects of Ireland to return to their own country. By Poyning’s Act the statute of Richard II. obtained full force in Ireland, and it was shortly afterwards provided afresh that all licences of absence should be under the great seal of England, exceptions being made in favour of the religious orders and of students. The momentous Act now passed declared that many great proprietors had notoriously failed to defend their lands, whereby the King was forced to incur great expense in bringing an army to Ireland. The persons specially mentioned were Thomas Howard, Duke of Norfolk, and his coparcener Lord Barkley, who claimed and held the seigniories and lordships of Carlow, Old Ross, &c.; George Talbot, Earl of Waterford and Salop, who held the seigniory of Wexford; and the heirs general of the Earl of Ormonde, who held divers possessions and lands. To these were added the Abbots of Furness, Bristol, Osney, and Bath; the Priors of Canterbury, Lanthony, Cartmel, and Keynsham; and the master of St. Thomas of Acon in London. All this property was resumed to the Crown, saving the rights of residents in Ireland, who held under the dispossessed lords. Wexford was at once placed under a royal seneschal, and was so governed till the reign of James I. The Crown thus became one of the greatest of Irish landlords, and the foundations of a reconquest were laid.174
The O’Neills.
While Parliament was sitting Phelim O’Neill, chief of Clandeboye, came to Dublin and covenanted with the Lord Deputy to attend all great hostings and to make war upon all enemies of the Government within a day’s march of his own country. He promised not to aid or harbour rebels, and to submit all differences between his people and the King’s subjects to peaceful arbitration. The great Leinster chief, Cahir MacEncross Kavanagh, also came to terms, agreed to supply twelve horsemen and twenty kerne in all hostings, and to employ his whole force on journeys of not more than three days’ duration. He promised to submit disputes to the arbitration of Ossory and his son. Redmond Savage, the chief of an English family in Down which had long conformed to Celtic usages, made a similar agreement, and also promised to pay the Lord Deputy for his friendship 100 fat cows and a good horse, or fifteen marks Irish. Grey went himself to Dundalk, where Con O’Neill met him. The chief of Tyrone renewed the promises made to Skeffington, binding himself to attend all hostings and do his best against Scotch intruders, but he gave no hostages, and an invasion of his country was not believed to be practicable. The Lord Deputy then returned to Dublin, where a new and very serious danger demanded his presence.175
Want of money. Mutiny.
‘Lack of money,’ as Grey expressed it, ‘after the late robbing and spoiling,’ was the great difficulty of the English in Ireland during the whole Tudor period. The King now sent 7,000l., but that sum still left the soldiers’ pay three months in arrear. There were many differences among the members of Council, but they all agreed in demanding more money. The northern spearmen, on the report that they were not to be paid in full, mutinied openly, declaring that they would have all or none. They refused to hear the King’s letter read, threatened the lives of the Vice-Treasurer and Chief Justice, declared that they would not serve without wages, and that if they were not paid they would ‘board with the Council at their houses, in spite of their hearts.’ The astute borderers carried their point, for they received full payment, while Grey’s own retainers were sent empty away. Saintloo’s men at Waterford also showed a mutinous spirit, but they were silenced for a time by receiving part of what was due to them.176
Grey travels southward.
Parliament having adjourned to Kilkenny, Grey followed it thither, the army being victualled for a month. Having made arrangements for restoring the fortifications at Powerscourt, Woodstock, and Athy, Grey left the defence of the Pale to Brabazon, adjourned the Parliament to Limerick, and himself set out for Desmond’s country. Besides Ossory and his son and the usual force of the four shires, O’Carroll, MacMurrough, O’Byrne, Lord Roche, and the gentlemen of Wexford and Waterford, accompanied