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rel="nofollow" href="#ulink_6b30f752-ff44-50fa-8a61-9ac5fed2cca4">[141]

      The more the plan is known,

      the less it is liked.

      The scheme is revised.

      But few are satisfied.

Chichester’s original project was not covetous on the part of the Crown, for it aimed at no greater revenue than 400l. instead of 279l. 3s. 4d. which had hitherto been the highest annual revenue. In consideration of being bound to build castles and to inhabit mountainous regions, the rent demanded from the undertakers, who were to be all Protestants, was somewhat less than that of the Irish freeholders. Whatever might be thought of the plan no one was satisfied with the way in which it worked out. Many such of the natives, say the Commissioners, as formerly ‘agreed to this new plantation now absolutely dislike thereof, and of their proportions assigned them in lieu of their other possessions taken from them, for that, as they affirm, their proportions assigned are not so many acres as they are rated to them, and because the acres taken from them are far more in number than they be surveyed at, which difference cannot be decided without a new survey, which some of the natives desire.’ If the case of the newly-made freeholder stood thus, what must have been the feelings of men who were made altogether landless? Most of the Irish had been concerned in Tyrone’s rebellion, but some had been always loyal, like the old English inhabitants. As for Walter Synnott and others in his position, they professed themselves willing to pay the King as much as the new undertakers, but not in any way to contribute to the expenses incurred by them. After receiving the report of the Commissioners, James agreed to a revised plan which was very favourable to the Irish, or at least to some of them. The new undertakers were to receive only 16,500 acres in all and those the least fertile, the rest, after satisfying Masterson, Synnott, and another, was to be divided among the Irish. When Chichester ceased to be Lord Deputy at the end of 1615, nothing had been finally settled, and recriminations continued for some time. On a fresh survey it was discovered that ‘half the country was before distributed under the name of a quarter only.’ Eighty Irish freeholders were then made in addition to the first fifty-seven, which still left 530 claimants unprovided for according to their own account, or 303 according to the official view. The fortunate ones were of course overjoyed, but by far the greater number were not fortunate. The patentees whose titles had been clearly made surrendered and received fresh grants on a somewhat reduced scale. Of the undertakers whose patents had not been fully perfected Blundell alone secured 500 acres by the King’s especial wish, and 1,000 were assigned to the Bishop of Waterford. The royal revenue was increased by about 300l. a year, and the expenses of the settlement were defrayed by the country.[142]

      Report of Commissioners on the plantation.

      The Irish inhabitants willing to make some concessions,

      but are dissatisfied with the terms given.

      The Commissioners above mentioned were instructed to inform themselves minutely as to the proceedings in the proposed plantation, which at the time of their inquiry had been going on for more than three years; they were to find out how many families were to be displaced, of what condition they were, whether they had been good subjects or not, and whether they held by descent or by tanistry. Similar particulars were to be given about the undertakers or settlers who were to take their places and ‘whether any of them be of the Irish and namely of the Kavanaghs.’ The Commissioners were ordered to discover whether the evictions had been so managed as to deprive the people of their growing crops, and as to the houses available for them on ejectment; and also whether they were capable of making the same improvements as the undertakers were bound to, and of paying the same rents. As Chichester was himself a member of the Commission, the report may be taken as a fair or perhaps as a favourable account of what was actually done. Most of the Irish inhabitants realised that their position as tenants in gavelkind was weak, and they were ready in 1609 to surrender on condition of getting an indefeasible title to three-fourths of their land, leaving the remainder for English settlers. They said there were 667 of them in this position, but the official record only mentioned 440: probably the discrepancy was owing to many of them not having put in their claims by the appointed day. Fourteen out of the whole number had patents from the Crown to show. Before anything was actually done the discovery of the King’s title was made, but at first this seemed to make little difference, and the Irish people were almost persuaded that nothing was intended but their good. They were told that the King would be satisfied with a small increase in his revenue, ‘and that the civilising of the country was the chief thing aimed at’; but that those who thwarted his Majesty’s excellent plans ‘should have justice, which is the benefit of subjects, but were to look for no favour.’ The general idea was that freeholds should not be less than 100 acres, or sixty in some rare cases, and that the rest of the peasants should become leasehold tenants to them or to English undertakers. The freeholders alone would have to serve on juries, and it was desirable not to have too large a panel, as the difficulty of getting verdicts would be increased thereby. Fifty-seven freeholders were accordingly made, of whom twenty-one were not disturbed, the others were shifted about and were not content, declaring that the land given in compensation was insufficient. ‘To the residue,’ the report continues, ‘which claim to be freeholders, being for the most part possessed of but small portions, no allowance of land or recompense is assigned or given.’ There were 390 of these and 14,500 persons besides remained in the country ‘at the will of the patentees.’ It was not proposed actually to remove them from their houses or holdings unless they interfered with a demesne, but for this forbearance there was no adequate security.

      A Wexford jury will not find the King’s title,

      and strong measures are taken.

These people, or many of them, had not been unwilling to see English gentlemen come among them, and even to give up some land in order to secure the remainder, but the wind changed when it was discovered that only something like one in ten would have any estate at all. The King’s title had been found by the lawyers, but it was necessary that there should be a verdict also, and in December 1611 a Wexford jury refused to find one. The case was removed into the Exchequer with the same jury, and after much argument eleven were ready to find for the King and five against him. The minority were sent to prison and fined in the Castle Chamber, and the case was remitted to Wexford, where the eleven obedient jurors were reinforced by Sir Thomas Colclough and John Murchoe or Murphy, ‘now a patentee in the new plantation,’ and therefore an interested party, and the King’s title by Lord Lovel’s attainder was thus found.[143]

      Indecision of the King.

      People who benefited by the settlement.

      The King is convinced by the complainants,

      but soon changes his mind.

      The King approves of the plantation.

The tendency of James I. to give decisions upon one-sided evidence, and to veer round when he heard the other side, is well illustrated by his dealings with the Wexford settlement. The case for the Irish inhabitants, as matters stood at the end of 1611, may be taken as sufficiently stated in the petition presented by Henry Walsh on their behalf. Walsh seems to have been a lawyer, but he was in possession of 220 acres as a freeholder, which were reduced to 130 by the plan of settlement. He stated that he and his fellows had surrendered upon the faith of a regrant in common socage ‘reduced from gavelkind and other uncertain tenures’ in consideration of paying a head rent of 90l. to the Castle of Ferns and of 60l. into the Exchequer. The regrants were delayed, but on the King’s title being set up he was induced to grant patents to several undertakers, 1,500 acres apiece being assigned to Sir Laurence Esmond, ‘servitor, and a native of Wexford,’ and Sir Edward Fisher, also a servitor. It afterwards appeared that 19,900 acres were disposed of in this way, 500 to Nicholas Kenny the escheator, 1,000 to William Parsons the surveyor and future Lord Justice, 600 to Conway Brady, the Queen’s footman, 1,000 to Francis Blundell, afterwards Vice-Treasurer, 1,000 to Sir Robert Jacob the Solicitor-General, and so forth. Some of these were put into possession

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