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- A Popular History of Ireland V1 - 80/86 -


election, therefore, was far from unanimous, and Henry VIII. would perhaps be classed by our ancient Senachies among the "Kings with opposition," who figure so often in our Annals during the Middle Ages.

Assuming, however, the title conferred upon him with no little complacency, Henry proceeded to exercise the first privilege of a sovereign, the creation of honours. Murrogh O'Brien, chief of his name, became Earl of Thomond, and Donogh, his nephew, Baron of Ibrackan; Ulick McWilliam Burke became Earl of Clanrickarde and Baron of Dunkellin; Hugh O'Donnell was made Earl of Tyrconnell; Fitzpatrick, became Baron of Ossory, and Kavanagh, Baron of Ballyan; Con O'Neil was made Earl of Tyrone, having asked, and been refused, the higher title of Earl of Ulster. The order of Knighthood was conferred on several of the principal attendants, and to each of the new peers the King granted a house in or near Dublin, for their accommodation, when attending the sittings of Parliament.

The imposing ceremonial of the transformation of these Celtic chiefs into English Earls has been very minutely described by an eye-witness. One batch were made at Greenwich Palace, after High Mass on Sunday, the 1st of July, 1543. The Queen's closet "was richly hanged with cloth of arras and well strawed with rushes," for their robing room. The King received them under a canopy of state, surrounded by his Privy Council, the peers, spiritual and temporal, the Earl of Glencairn, Sir George Douglas, and the other Scottish Commissioners. The Earls of Derby and Ormond led in the new Earl of Thomond, Viscount Lisle carrying before them the sword. The Chamberlain handed his letters patent to the Secretary who read them down to the words _Cincturam gladii_, when the King girt the kneeling Earl, baldric-wise, with the sword, all the company standing. A similar ceremony was gone through with the others, the King throwing a gold chain having a cross hanging to it round each of their necks. Then, preceded by the trumpeters blowing, and the officers at arms, they entered the dining hall, where, after the second course, their titles were proclaimed aloud in Norman-French by Garter, King at Arms. Nor did Henry, who prided himself on his munificence, omit even more substantial tokens of his favour to the new Peers. Besides the town houses near Dublin, before mentioned, he granted to O'Brien all the abbeys and benefices of Thomond, bishoprics excepted; to McWilliam Burke, all the parsonages and vicarages of Clanrickarde, with one-third of the first-fruits, the Abbey of _Via Nova_ and 30 pounds a year compensation for the loss of the customs of Galway; to Donogh O'Brien, the Abbey of Ellenegrane, the moiety of the Abbey of Clare, and an annuity of 20 pounds a year. To the new lord of Ossory he granted the monasteries of Aghadoe and Aghmacarte, with the right of holding court lete and market, every Thursday, at his town of Aghadoe. For these and other favours the recipients had been instructed to petition the King, and drafts of such petitions had been drawn up in anticipation of their arrival in England, by some official hand. The petitions are quoted by most of our late historians as their own proper act, but it is quite clear, though willing enough to present them and to accept such gifts, they had never dictated them.

In the creation of this Peerage Henry proclaimed, in the most practical manner possible, his determination to assimilate the laws and institutions of Ireland to those of England. And the new made Earls, forgetting their ancient relations to their clans--forgetting, as O'Brien had answered St. Leger's first overtures three years before, "that though he was captain of his nation he was still but one man," by suing out royal patents for their lands, certainly consented to carry out the King's plans. The Brehon law was doomed from the date of the creation of the new Peers at Greenwich, for such a change entailed among its first consequences a complete abrogation of the Gaelic relations of clansman and chief.

By the Brehon law every member of a free clan was as truly a proprietor of the tribe-land as the chief himself. He could sell his share, or the interest in it, to any other member of the tribe--the origin, perhaps, of what is now called tenant-right; he could not, however, sell to a stranger without the consent of the tribe and the chief. The stranger coming in under such an arrangement, held by a special tenure, yet if he remained during the time of three lords he became thereby naturalized. If the unnaturalized tenant withdrew of his own will from the land he was obliged to leave all his improvements behind; but if he was ejected he was entitled to get their full value. Those who were immediate tenants of the chief, or of the church, were debarred this privilege of tenant-right, and if unable to keep their holdings were obliged to surrender them unreservedly to the church or the chief. All the tribesmen, according to the extent of their possessions, were bound to maintain the chief's household, and to sustain him, with men and means, in his offensive and defensive wars. Such were, in brief, the land laws in force over three-fourths of the country in the sixteenth century; laws which partook largely of the spirit of an ancient patriarchal justice, but which, in ages of movement, exchange, and enterprise, would have been found the reverse of favourable to individual freedom and national strength. There were not wanting, we may be assured, many minds to whom this truth was apparent so early as the age of Henry VIII. And it may not be unreasonable to suppose that one of the advantages which the chief found in exchanging this patriarchal position for a feudal Earldom would be the greater degree of independence on the will of the tribe, which the new system conferred on him. With the mass of the clansmen, however, for the very same reason, the change was certain to be unpopular, if not odious. But a still more serious change--a change of religion--was evidently contemplated by those Earls who accepted the property of the confiscated religious houses. The receiver of such estates could hardly pretend to belong to the ancient religion of the country.

It is impossible to understand Irish history from the reign of Henry VIII. till the fall of James II.--nearly two hundred years--without constantly keeping in mind the dilemma of the chiefs and lords between the requirements of the English Court on the one hand and of the native clans on the other. Expected to obey and to administer conflicting laws, to personate two characters, to speak two languages, to uphold the old, yet to patronize the new order of things; distrusted at Court if they inclined to the people, detested by the people if they leaned towards the Court--a more difficult situation can hardly be conceived. Their perilous circumstances brought forth a new species of Irish character in the Chieftain-Earls of the Tudor and Stuart times. Not less given to war than their forefathers, they were now compelled to study the politician's part, even more than the soldier's. Brought personally in contact with powerful Sovereigns, or pitted at home against the Sydneys, Mountjoys, Chichesters, and Straffords, the lessons of Bacon and Machiavelli found apt scholars in the halls of Dunmanway and Dungannon. The multitude, in the meanwhile, saw only the broad fact that the Chief had bowed his neck to the hated Saxon yoke, and had promised, or would be by and by compelled, to introduce foreign garrisons, foreign judges, and foreign laws, amongst the sons of the Gael. Very early they perceived this; on the adhesion of O'Donnell to the Act of Election, a part of his clansmen, under the lead of his own son, rose up against his authority. A rival McWilliam was at once chosen to the new Earl of Clanrickarde, in the West. Con O'Neil, the first of his race who had accepted an English title, was imprisoned by his son, John the Proud, and died of grief during his confinement. O'Brien found, on his return from Greenwich, half his territory in revolt; and this was the general experience of all Henry's electors. Yet such was the power of the new Sovereign that, we are told in our Annals, at the year 1547--the year of Henry's death --"no one dared give food or protection" to those few patriotic chiefs who still held obstinately out against the election of 1541.

The creation of a new peerage coincided in point of time with the first unconditional nomination of new Bishops by the Crown. The Plantagenet Kings, in common with all feudal Princes, had always claimed the right of investing Bishops with their temporalities and legal dignities; while, at the same time, they recognized in the See of Rome the seat and centre of Apostolic authority. But Henry, excommunicated and incorrigible, had procured from the Parliament of "the Pale," three years before the Act of Election, the formal recognition of his spiritual supremacy, under which he proceeded, as often as he had an opportunity, to promote candidates for the episcopacy to vacant sees. Between 1537 and 1547, thirteen or fourteen such vacancies having occurred, he nominated to the succession whenever the diocese was actually within his power. In this way the Sees of Dublin, Kildare, Ferns, Ardagh, Emly, Tuam and Killaloe were filled up; while the vacancies which occurred about the same period in Armagh, Clogher, Clonmacnoise, Clonfert, Kilmore, and Down and Conor were supplied from Rome. Many of the latter were allowed to take possession of their temporalities --so far as they were within English power--by taking an oath of allegiance, specially drawn for them. Others, when prevented from so doing by the penalties of _praemunire_, delegated their authority to Vicars General, who contrived to elude the provisions of the statute. On the other hand, several of the King's Bishops, excluded by popular hostility from the nominal sees, never resided upon them; some of them spent their lives in Dublin, and others were entertained as suffragans by Bishops in England.

In March, 1543, Primate Cromer, who had so resolutely led the early opposition to Archbishop Browne, died, whereupon Pope Paul III. appointed Robert Waucop, a Scotsman (by some writers called _Venantius_), to the See of Armagh. This remarkable man, though afflicted with blindness from his youth upwards, was a doctor of the Sorbonne, and one of the most distinguished Prelates of his age. He introduced the first Jesuit Fathers into Ireland, and to him is attributed the establishment of


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