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*Article scanned from original printed version – always refer to original printed text before quoting/citation* 

AN UNSPEAKABLE PARLIAMENTARY FRACAS: T'HE IRISH HOUSE OF COMMONS, 1613

 

Presented by

 

JOHN MCCAVITT

 

Abbey Grammar School, Newry, Co. Down.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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INTRODUCTION

 

Until now it had been thought that the 'official' record of the tumultuous events which occurred in the Irish house of commons in the late spring of 1613 had been lost to posterity by an unfortunate lacuna in the evidential chain. Certainly, no reference is made to the rumpus at the speaker's chair between contending protestant and catholic parties in the printed house of commons journals. Such was the discordant nature of these proceedings that the catholic group staged a mass walkout and did not return to the chamber for almost seventeen months. Previously, the absence of a detailed official record of these events may have been considered an irritating technical hitch, a breakdown in the transmission of the original record to succeeding generations. The documents presented here suggest instead that the official parliamentary record was censured to omit reference to this embarrassing episode.

The principal document under consideration here (Document 1) forms part of the Carew papers which are in the P.R.O. in London. These came from a collection of about 200 manuscript volumes, mostly relating to English history, bought piecemeal by Thomas Carew of Crowcombe Court, Somerset, (1702-1766), M.P. for Minehead. The origin of many of the items is unknown, but some were bought at the sale of the duke of Chandos' library in 1746. Most of these manuscripts were later sold at Sotheby's in 1903, some being acquired then or subsequently by the British Library, the P.R.O., the National Library of Wales and Trinity College Dublin. Of the volumes deposited in the P.R.O. in London three are concerned with Ireland (PRO 30/5/2-4). Two of these have been printed in full by the Irish Manuscripts Commission.¹ The third Irish volume, PRO 30/5/3, is a rough draft of the Irish commons journal for the parliament of 1613-15 and includes a lengthy account of the bizarre dispute over the speakership which occurred in the legislature when it first convened in May 1613, though not in a typical journals format. It is this rendition of events concerning the election to the speakership that is published here (Document 1) in its proper context as the most detailed version of these events being considered for inclusion in the commons journals. Taken together with the other shorter draft journals accounts of the same events (Documents 2 and 3), it is clear that the absence from the printed commons journals of any reference to the proceedings during this abortive session of parliament may not be attributed to the unavailability of contemporary records.

The printed commons journals not only omit an account of the tempestuous events in the house during May 1613, but they also contain

 

 

 

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no description of the subsequent proceedings in the almost half-empty commons which continued to sit until 17 June.² Previously it was considered likely that 'the clerk kept notes of the earlier proceedings but never wrote them up in the journal'.³ Indeed, it has been noted that the 'abortive first session of parliament which began on 18 May 1613 is poorly documented apart from the petitions and declarations of the rival protestant and recusant factions'.⁴ Included among these was the 'True declaration of the Protestants', subscribed to by 41 protestant M.P.s. It was published in the Calendar of Carew MSS where it is dated by the editors as 1613.5 This is an almost identical copy of the draft of events concerning the election to the speakership which appears in PRO 30/5/3. The 'True declaration', however, is of substantially later date than the editors of the Calendar of Carew MSS suggested as Sir John Beare is described in it as 'late' the King's serjeant. In fact he retained this post until 1617.⁶ What the 'True declaration' perhaps best demonstrates is that the controversy over events in the commons in May 1613 persisted for some years.

Much more significantly, the association of the version of the election to the speakership in P.R.O. 30/5/3 (Document 1) with a draft of the commons journals suggests that a detailed 'official' rendition of events covering the most controversial events during the abortive session of parliament existed, even if it did not subsequently appear in the printed journals. Granted, it is in narrative form rather than the typical summary format of the printed commons journal, but this is surely symptomatic of the dilemma facing the relevant authorities from the beginning - how to condense such bizarre events for inclusion in the commons journal. Interestingly, several attempts were made to do just that, neither of which were subsequently published in the printed journals. One, an abbreviated account, is in NLI MS 836 (Document 2), 'A Journal of the proceedings of the Irish Parliament, 1613-15'. Another, even shorter still (Document 3), is contained in B.L. Harleian 4892 which comprises manuscript draft extracts from the journals. The omission of the events during the abortive 1613 session, therefore, can no longer be put down to an original oversight on the clerk's part. Procedural, practical, even sinister explanations may be speculatively suggested to account for the absence of any record of the events which occurred in the commons in May 1613 in the printed journals.

Technically, for example, the intercourse which took place between the recusants who absented themselves from the commons chamber into the 'void' room adjoining (while attempting to stage a walkout) and those inside the chamber, could be ruled inadmissable as a record of proceedings in the commons. Equally, it has to be admitted, it would have been very

 

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difficult to reduce the farcical scenes at the speaker's chair to anything approaching a normal journals entry. What point of order, for instance, was being made when the corpulent Sir John Davies was hoisted on to Sir John Everard's lap - that Davies had assumed his rightful position as speaker on the chair, one posterior removed? Many of the other proceedings described in this version, however, by no means defied conventional recital. This begs the question whether the events as a whole were considered too embarrassing to be recorded for posterity. The version of the commons journal contained in NLI MS 836 (Document 2) indicates that serious thought was given to rendering an emasculated account of the proceedings which simply excised the more inglorious events and the vituperative remarks of the contending parties. This rendition concerns itself primarily with dress and etiquette. Of course, what colour of robes the viceroy wore, who carried his cap, his sword and led a spare horse is all very interesting; as is the number of times Attorney General Davies 'made low obeisance' at the bar before delivering a speech. But when Davies' deposition on Everard's lap on the speaker's chair is expunged and the recusant withdrawal is briefly referred to in an aside, without explanation, despite the fact that the catholics made their feelings eminently plain, suspicions of a censured record are strengthened.

 

FOOTNOTES

 

        1. James Hogan and N. McNeil O'Farrell eds, The Walsingham letter-book or register of Ireland, May 1578 to December 1579, (Dublin, 1959); H. Wood ed. The chronicle of Ireland, 1584-1608, by Sir James Perrott, (Dublin, 1933).

   2. Victor Treadwell, 'The House of Lords in the Irish Parliament of 1613-1615', in E.H.R., lxxx,

(1965), p.95.

   3. Ibid, p.95, footnote 1.

   4. Ibid, p.95.

   5. Cal Carew MSS, 1603-23, pp 270-5. The same version was published in Cal.S.P.!re., 1611-14, pp 399-405. Note that the version contained in PRO 30/5/3 is damaged at the right hand edges as well as at the bottom tight hand corner of its folios. The published version in the Calendar of Carew MSS is used to fill in the missing gaps.

   6. NH.I.., ix, p.523.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Document 1

 

(PRO 30/5/3 ff 11-14)

Upon the seventeenth day of May, being the day before the return of writs of summons for this present parliament, and the last day of Easter Term, the lord deputy being informed that divers persons were like to intrude themselves into the house of Commons, which were not returned, either as knights or Burgesses of the parliament; to prevent all such disorder and the inconvenience that might ensue thereupon, did first in the forenoon of the said day cause proclamation to be made in the King's courts at Dublin, that all such as know themselves to be returned for knights, citizens and Burgesses for this parliament, should about three the clock in the afternoon of the same day attend his Lordship and the Council in the castle of Dublin. At which time the greater part of those that were returned gave their attendance accordingly. And thereupon the lord deputy and Council, taking their seats in the open Court of the Castle of Dublin, caused the Clerk of the Crown of the Chancery, into whose hands all the writs of Summons were returned, to bring forth a book of the names of all such as were returned as Knights, Citizens, or Burgesses for this parliament. And thereupon to call by name all such as were returned as aforesaid. Which being done accordingly, his lordship took a view and special notice of every particular person appearing, and immediately thereupon caused solemn proclamation to be made that none should presume to come into the house of the Commons but such as were returned as aforesaid.

The next day being the first day of the parliament, the Knights, Citizens and Burgesses altogether assembled in a void room between the upper house and the lower house of Parliament, and the lord deputy with the lords Spiritual and Temporal, being sat in the upper house, before his lordship would admit the Commons into the upper house to hear the Lord Chancellor's speech, he caused them all to be called again by the clerk of the Crown's book; And thereupon as many of them as did appear were to come into the upper house where the Lord Chancellor's speech touching the calling of this parliament being ended, the lord deputy himself also spoke unto them, and willed them that they should repair into the Commons house and there make choice of their Speaker, whom he would have to be presented unto him upon the Friday then next following; And his lordship withal did intimate unto them, that his Majesty had by his letters patent required him to recommend to their election a gent sufficient in his Majesty's opinion to discharge that place and whom his lordship himself would have recommended to that place if his Majesty had left the

 

 

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nomination to him. Howbeit his Lordship did not then name the gent; but said that some of the privy council that were members of that house well knew his Majesty's pleasure in that behalf, and left it unto them to name him when they should be assembled to elect their Speaker.

According to that direction they immediately departed into the house of the Commons of purpose to make choice of their Speaker; where having all taken their places and sitting quietly some convenient space of time expecting who should first break silence, Sir Thomas Ridgeway, knight and Baronet, his Majesty's Vice-Treasurer and Treasurer at Wars and one of his Privy Council of this realm arose up, and after some expressions of his joy to behold so great an assembly of so many worthy knights and gentlemen in a parliament of this kingdom declared, that the first thing they were to do was to choose a Speaker; And having expressed at large with what gifts and abilities the person fit for that place should be qualified, named Sir John Davies, Knight, his Majesty's Attorney for this kingdom, being also one of his Majesty's Serjeants-at-law in the kingdom of England, to be the fittest man in his opinion to supply that place. And signified withal he was the man whom the lord deputy had intimated unto them to have been recommended to their election by his Majesty, who was to approve or disapprove the person elected; Which speech being ended, the greatest part of the house, with a general acclamation gave their voices for Sir John Davies. Whereupon, Sir James Gough, Knight stepped out of his place disorderly into the middle of the house and offered to make a speech there. But being willed by the house to go back into his place and there deliver what he had to say, made a speech nothing pertinent to the matter then in question which was the choice of a Speaker: but alleged, that such persons as were returned for the Boroughs newly erected and such as were not resident and dwelling in the Boroughs for which they were returned were not lawful members of the house and therefore thought it fit that that matter should be first examined and decided before the house proceeded to the election of a Speaker but concluded nothing to the point in question until being demanded for whom he gave his voice, he named Sir John Everard who was sometimes one of the justices of the King's Bench but being an obstinate recusant was by his Majesty's special direction deposed and put from that place of his Majesty's service.

This speech was seconded first by Sir Christopher Nugent and then by one Wm Talbot, gent, a recusant lawyer who was sometime Recorder of Dublin and displaced for refusing to take the oath of his Majesty's supremacy, who both spoke to one effect and moved the house before they proceeded to an election of a Speaker they should purge the house of such members as were not lawfully called there. Then Sir Oliver St. John,

 

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Knight, Master of the Ordnance and one of his Majesty's privy Council here rose up and told the house, that he had been a member of the house of Commons in sundry parliaments in England and that by his own experience he knew the course of England to be, that first a Speaker should be chosen, and after the house should nominate a select number of committees to examine all questions arising upon returns of sheriffs. And therefore said that though that motion made by the gent that spoke last was just and reasonable: if it had been made in his due time, yet that the house must first make choice of their Speaker before they could nominate those committees, but after the Speaker should be chosen and the committees appointed all questions that could be made upon the returns of sheriffs should be examined and decided to their full contentment and satisfaction, and then approving what was first spoken in commendation of Sir John Davies touching his fitness to supply the place of Speaker and adding something thereunto gave his voice for him, whereupon there was a confused acclamation in the house some naming Sir John Davies, and others Sir John Everard. And yet by those few which named Sir John Everard there was nothing said in commendation of Sir John Everard. To the intent that there might be no more time spent in unnecessary and improvident motions Sir Oliver St. John added also these words. "Gentlemen, the use of parliaments is to decide controversies by questions and questions by numbering of voices and for the trial thereof I know by experience that they that are of the affirmative part are to go out of the house to be numbered and to leave those that are of the negative part to be numbered within the house." And therefore to bring this controversy to the true point of trial he said "All you that would have Sir John Davies to be Speaker follow me out of the house," and immediately thereupon Sir Oliver St. John and the rest that gave their voices for Sir John Davies which were the greatest number and all protestants went into the next room appointed for the dividing of the house to the end that those that remained within and those that were without might be severally numbered. The division being thus made, Mr Treasurer and Mr Marshal being two of the number that went out of the house did move Sir Christopher Plunkett and Sir Christopher Nugent being within the house to join with them in numbering both parties, which they utterly refused to do knowing the number that gave voices for Sir John Davies to be the greater. Then did Mr Treasurer and Mr Marshall make offer to number them that were in the house which they perceiving rose out of their places gathered themselves together into a clump to the end they might not be numbered. Then Mr Treasurer and Mr Marshall passing again out of the door to the end they might number those that were without the door was suddenly

 

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shut after them and instantly, they that were within cried "An Everard!" "An Everard!" "An Everard!" not pushing their first proposition of purging the house before they made a Speaker, and placed Sir John Everard into the Speaker's chair. The unexpected noise caused Mr Treasurer and Mr Marshal to open the door and then perceiving what was done they resolved to number those that were without and to that end standing the one on the one side of the door and the other on the other side willing those that were without to enter into the house again, and so numbered them by the poll as they came in with a loud voice and the number of them that were without which gave their voices for Sir John Davies was one hundred and twenty seven besides Sir John Davies himself whereby it was manifest that Sir John Davies had the greater number of voices, so that the entire number of them if all had appeared is but two hundred thirty and two and of those there were six which did not appear whereof two were recusants and the other four were protestants. Therefore because it was so apparent as no man could contradict it that Sir John Davies was chosen Speaker by the greater number of them that were returned knights and burgesses into the house Mr Treasurer spoke in reproof of that great contempt and disorder committed in placing Sir John Everard in the Speaker's chair being not elected by the greater number of voices, and thereupon first declaring that the voices given for Sir John Davies were 127 which was much the greater number of the house with fair and gentle terms required Sir John Everard to come out of the chair to the end the Speaker duly chosen might be placed therein nevertheless Sir John Everard sat still and refused to come out. Then Sir Oliver St. John spoke to the same effect and added withal that if he would not come out, they which had elected Sir John Davies should be enforced to pluck him out, notwithstanding he sat still whereupon Mr Treasurer, Mr Marshal, Sir Oliver St. John and divers knights and gentlemen of the best quality took Sir John Davies by both his arms and lifted him from the ground and placed him upon Sir John Everard's lap and required him to come forth of the chair which he obstinately refusing, Mr Treasurer, the Master of the Ordnance and others whose places were next to the chair laid their hands gently upon him and removed him out of the chair and placed Sir John Davies quietly there. Thereupon Sir John Everard and all the rest which gave their voices for him being in number four score and eighteen and no more and all recusants in contemptuous manner departed out of the house into the void room appointed for the division by direction of the house when they first sat. Then Sir John Blennerhassett and Mr Beare the King's Serjeant were sent by the house to require Sir John Everard and the rest to return into the house who having delivered their message brought back the answer that

 

 

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Sir John Everard and the rest to return into the house who having delivered their message brought back the answer that Sir John Everard and the rest that were with him would not join those that elected Sir John Davies to be Speaker but appeal to the lord deputy, Then Mr Treasurer and Sir Henry Power addressed themselves from the house to know the cause why Sir John Everard and the rest that were without would not return and join with the greater number that were within and they having likewise delivered their message made report to the house that Sir William Talbot the lawyer made answer for himself and all the rest in these words, "Those within your house are no house and your Speaker no Speaker of the house, but we are the house and Sir John Everard is our Speaker and therefore we will not join with you but we will complain to my lord deputy and the King and the King shall hear of this."

Then after some pause and silence in the house the Speaker sitting in the chair began a speech to the house declaring as the manner is his disability and unwillingness to accept the place but in the middle of his speech Sir William Burke and Sir Christopher Nugent came into the house without any reverence and interrupted the Speaker, calling for the key of the outer door and being commanded by the Speaker to take their places they contemptuously refused so to do, and in the like irreverent manner went out of the house again, and then the outer door being opened Sir John Everard and all that party departed out of the castle affirming they would not return to the house any more.

Upon the Friday following which was the day appointed by the lord deputy for presenting the Speaker, the Speaker and the rest being that day in number one hundred and thirty whereof fourteen are of the privy council of this realm, came and sat in the house of the Commons about nine of the clock in the forenoon expecting to be called into the upper house and there to present the Speaker. And shortly after they were sat the lord deputy sent a message requiring that Mr Marshal and the Master of the Ordnance might be sent unto his lordship from the house, who being sent accordingly and presenting themselves before his lordship and all the lords being then in their parliament robes and ready to go to the upper house his lordship told them that William Talbot the lawyer and others of that party had been with his lordship and that his lordship had required him to let the rest of that party know that it was his lordship's express pleasure that they should all forthwith repair to the house of the Commons and to join with the rest in presenting the Speaker. And that Talbot had desired respite of one hour to bring his lordship an answer. Nevertheless his lordship having better advised of the shortness of the time had resolved to enlarge that time until three of the clock in the afternoon and in the

 

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meantime his lordship thought it fit that the house of the Commons should send their Serjeant-at-Arms to summon all those that had separated themselves from the greater number of the house to come to the house at that hour of three of the clock and to join altogether in presenting the Speaker, Mr Marshal and the Master of the Ordnance returned with this message from his lordship. The house sent them back again with this answer that they and their Speaker would attend his lordship at the hour appointed but that they humbly desired to be excused for sending their Serjeant-at-Arms, but rather that his lordship would send his own Serjeant-at-Arms unto them because they had addressed themselves unto his lordship and thereupon the house rose and returned again at three of the clock in the afternoon at which time neither Sir John Everard nor any other of that party did appear, and so the rest being the Protestants and the greater part presented Sir John Davies their Speaker unto the lord deputy being sat in the house of the Lords whereupon his lordship did first demand of all the Commons which presented Sir John Davies whether they were the greater number of the house and whether they were all agreed that Sir John Davies should be their Speaker; who answered with one voice that they were the greater number and that they had all agreed that Sir John Davies should be their Speaker whereupon after the Speaker had made a modest speech disabling of himself as the manner is, his lordship gave his consent and approbation of the election and then the Speaker made a larger speech touching parliaments, common councils and specially touching the former parliaments holden in this kingdom and then by way of comparison did show how much this parliament did exceed all the former parliaments as well in respect of the security of the time wherein it is called as of the number and worthiness of the persons that are called into it and this is the effect of that which was done the second day of the sitting being Friday the 21st of the present month of May.

 

Document 2

 

N.L.I. MS 836 Journal of the proceedings of the Irish parliament 1613-15, ff 18-9

 

*Underlined bits appear in margins at the side at the appropriate points

 

Upon the 18th day of May (the day of Return mentioned in the said writ of Summons) the Rt Honourable Arthur, Lord Chicester, Baron of Belfast, Lord Deputy and Governor General of the said realm of Ireland, attended

 

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upon with the Lords Spiritual and temporal all in their Parliament Robes (his lordship wearing a Robe of crimson velvet) passed (all on foteclothes - on horseback attended also by the Knights, Citizens and Burgesses of the Commons house in Parliament, and his Lordship's Servants) from the Castle of Dublin unto the Cathedral Church of St. Patrick in the suburbs of the said city of Dublin, the Rt Honourable Donagh, Earl of Thomond bearing the Cap before his Lordship and the Lord Barry, Viscount Buttevant, the sword, and the Lord Henry Bryan his Lordship's train, the Steward Comptroller and two Secretaries with Dr Metcalf in his broad black velvet cap, being physician to the state. And after the Lord Deputy came the gent of his horse leading a spare horse riding in their foteclothes before his lordship they being uncovered where the most reverend father in God, Christopher Lord Archbishop of Armagh, Primate and Metropolitan of all Ireland, made a Learned Sermon upon these Words, "Give unto Caesar that which is Caesar's." Which being ended his Lordship attended. upon as before, returned in like manner from the said Cathedral Church to the Castle of Dublin, and so into the higher house of Parliament and then his Lordship (being sat with the lords) commanded the Lord Chancellor Thomas Jones Archbishop of Dublin, Lord Chancellor (the Knights, Citizens and Burgesses being let in) to make his Oration, who turning himself unto the Nobility and the rest there present, declared unto them the Causes of assembling the Parliament, which after he had at large most eloquently declared, turning his Speech unto the Knights and Burgesses standing on a heap together below, he willed them to make choice of their Prolocutor, and to give notice of him so chosen unto the Lord Deputy and Council from whom they should expect what his lordship's pleasure was concerning him so chosen to be afterward presented.

Which things being done his Lordship descending from the Chair of State (attended upon as before) retired himself into the Castle and the Knights, Citizens and Burgesses repaired into the House of Commons. The number of the House 232 whereof 6 did not appear in the Castle (prepared for them) to make Election of their Speaker. The greater number of voices choosing Sir John Davies, Knight, his Majesty's Serjeant at Law in England and Attorney General of this kingdom to be their Speaker. The voices given for Sir John Davies were 127 whereof 14 were Privy Councillors besides Sir John Davies himself which major part having withdrawn themselves (as the manner is) into the next Room to number themselves. In the meantime the fewer numbers of Burgesses The voices for Sir John Everard were 98 with himself (being left within) made Choice of Sir John Everard Knight, sometimes one of his Majesty's Judges of this