Ireland under the Stuarts and During the Interregnum (Vol.1-3). Bagwell Richard

      Talbot before the Star-chamber.

      The law officers discourage severity

      Bacon nevertheless magnifies Talbot’s offence,

      but he is ultimately released.

Talbot was brought before the Star-chamber in London on the same day that Gough made his submission in Dublin. At a previous hearing before the Council the English oath of allegiance was tendered to him, and extracts from Suarez and Parsons were read, of which he was given a copy to meditate upon during his imprisonment. Though the oath of allegiance had no statutory force in Ireland the law officers, Hobart and Bacon, had given a cautious opinion that it might be administered to Irishmen in England, ‘but whether it be convenient to minister it unto them, not being persons commorant or settled there, but only employed for the present business, we must leave it unto his Majesty’s and your Lordships’ better judgments.’ This is a plain hint that they did not think it convenient, but they were overruled, and Bacon, who had since become Attorney-General, had to conduct Talbot’s prosecution. The prisoner not unnaturally vacillated a good deal, but at last, having studied Abbot’s excerpts from the two Jesuits, he declared that they involved matters of faith and must be submitted to the judgment of the catholic Roman church, but, he added, ‘for matter concerning my loyalty, I do acknowledge my sovereign liege lord King James to be lawful and undoubted King of all the kingdoms of England, Scotland, and Ireland, and I will bear true faith and allegiance to his Highness during my life.’ The practical politician who was in Bacon along with the lawyer, the theologian, and the philosopher would no doubt have been satisfied with this; but officially he was bound to accuse Talbot of maintaining a power in the Pope to depose and murder kings. He had not merely refused the oath of allegiance, but had affirmed the power of the Church over civil matters. ‘It would astonish a man,’ said Bacon, ‘to see the gulf of this implied belief. Is nothing exempted from it? If a man should ask Mr. Talbot whether he do condemn murder, or adultery, or rape, or the doctrine of Mahomet, or of Arius instead of Zuarius; must the answer be with this exception, that if the question concern matter of faith (as no question it does, for the moral law is matter of faith) that therein he will submit himself to what the Church will determine.’ Talbot was fined £10,000, but there does not seem to have been any intention to make him pay, and he was allowed to return to Ireland after spending several more months in the Tower. This was euphemistically described by the Privy Council as ‘attendance on his Majesty’s pleasure,’ but they took care that his property should not suffer in his absence. Clemency was shown, but a theoretical gulf had been dug which made it more difficult than ever to reconcile the discordant elements of Irish life.[119]

      The King on the constitution of Parliaments,

      on Irish grievances,

      and on toleration.

On April 12 in the council chamber at Whitehall, and in the presence of Chichester and of the recusant Irish peers and members of Parliament, James delivered the memorable speech which foreshadowed the course of Irish policy until the advent of Strafford. It manifests much cleverness, combined with a characteristic want of dignity. The parliamentary questions were of course decided against the petitioners, who were lectured for their disrespectful bearing at the outset, and for seceding when things went against them. ‘The Lower House,’ he said, ‘here in England doth stand upon its privileges as much as any council in Christendom; yet if such a difference had risen here, they would have gone on with my service notwithstanding. What,’ he exclaimed, ‘if I had created 40 noblemen and 400 boroughs? The more the merrier, the fewer the better cheer,’ adding with a good deal of truth that ‘comparing Irish boroughs new with Irish boroughs old,’ there was not so very much to choose between them, and that for the most part they were likely to increase. The legal point as to members being non-resident he was entitled to pass over lightly, for the law was obsolete in England. ‘If you had said they had no interest,’ he remarked, ‘it had been somewhat, but most have interest in the kingdom, and are likely to be as careful as you for the weal thereof.’ As to civil grievances those complained of were such as were found in all countries, and might be redressed on application to the Lord Deputy, whom the recusants admitted to be the best governor that Ireland had ever had. After full inquiry by an impartial commission the King had ‘found nothing done by him but what is fit for an honourable gentleman to do in his place.’ As to the question of religion, he said the recusants were but half-subjects, and entitled only to half privileges. ‘The Pope is your father in spiritualibus, and I in temporalibus only, and so you have your bodies turned one way and your souls drawn another way; you that send your children to the seminaries of treason. Strive henceforth to become good subjects, that you may have cor unum et viam unam, and then I shall respect you all alike. But your Irish priests teach you such grounds of doctrine as you cannot follow them with a safe conscience, but you must cast off your loyalty to the King.’ And he referred to an intercepted letter from one such priest, which was much more to the purpose than extracts from Suarez and others like him.[120]

      Final award as to parliamentary difficulties, 1614.

      The Houses get to business at last.

      The Roman Catholics at first stay to prayers,

      but soon desist.

      Legislation proceeds smoothly,

      and Tyrone’s attainder is passed unanimously.

Chichester left London on July 11, one week after the Irish Parliament had been prorogued by the Lords Justices for the sixth time. A letter from the King written at Belvoir Castle soon followed him, which contained the final award as to Irish parliamentary matters. The Protestant or Government party were pronounced generally to have been in the right; but the Opposition were not to be any further questioned, since there had been a certain amount of foundation for their complaints. It had been proved that eight boroughs were erected after the issue of the writs, and this disqualified their representatives during the existing Parliament. Three other boroughs were pronounced by the Commissioners to have no power by charter or prescription to send burgesses, and this decision was confirmed. The rest of the elections were declared to be duly made. Sir John Davies carried the royal letter to Dublin along with the Bills finally agreed upon, which did not include that against Jesuits, seminary priests, and other disobedient persons. The prorogation expired on October 11, on which day the Houses met, Chichester having undergone a surgical operation in the interval. He was sufficiently recovered to open Parliament in person, to make a short speech, and to see the effect of the King’s letter, which was read by the Lord Chancellor in his presence. Davies made another speech to the Commons, with the usual classical allusions and the usual appeals to history. James was the Esculapius who had healed their differences, and now there was good hope that their wills should be united. Differences of opinion there needs must be, and sound conclusions could not be reached without them, for had not Ovid said that nature could effect nothing without a struggle? At first all went smoothly, and the Roman Catholics sat patiently through prayers, which were offered up by the Speaker himself. The lawyers held that prayers said by a layman could do them no harm, but the priests thought otherwise, and attendance was discontinued after a week. In the Lords, where a bishop officiated, it was from the first considered out of the question. When the House of Commons came to business both Talbot and Everard exerted themselves to prevent any disturbance. Three Bills were passed without much difficulty, for acknowledgment of the King’s title, for the suppression of piracy, and for taking away benefit of clergy in cases of rape, burglary, and horse-stealing. The English Act of 28 Henry VIII. was never extended to Ireland, and the prevalence of piracy was attributed mainly to that. Special commissions of admiralty were now devised, pirates being denied both benefit of clergy and right of sanctuary. If a jury were sworn there could be no challenge. The Bill for the attainder of the northern chiefs was passed without a single dissentient voice, and became law. Sir John Everard, who seems to have had little sympathy with the Ulster Celts, spoke in favour of it and made little of objections. ‘No man,’ he said, ‘ought to arise against the Prince for religion or justice,’ adding that the many favours bestowed on Tyrone by the late