Part 3

I know no more noble story than the Work of Sir John Davies in and for Ireland. Our collection of his Prose Works, wherein his State Papers and Correspondence will appear _in extenso_--from H. M. Public Record Office and other sources--will make it clear as day that beyond all comparison he was the foremost man in the Government. With the sheer hard toil of humblest attorney slaving for his daily bread, there was a breadth of view, a self-denying resoluteness of purpose to benefit his adopted country, a prescience of outlook into the future combined with fearless and magnanimous dealing with contemporary problems, a high-hearted resistance in the face of manifold temptations to slacken effort, and a fecundity of resource and fulness of knowledge and vigilance of observation, that ought to be written on a white page of our national history. It is scarcely possible to exaggerate the consuming labours and the actual and solid results of Davies' almost ubiquitory activities in Ireland. In my full Life of him I hope to make good to the uttermost this high praise. Here and now a few outward facts alone can be stated. In 1606, by patents dated successively 29th May, 1606, and 29th May, 1609,[28] he was promoted to be Attorney-General for Ireland, and was also created Sergeant-at-Arms.[29] He went as "Judge of Assize." His Reports and State Papers, and "Pleadings" and Letters, from 1603 onward, demonstrate how firm was his grasp of circumstance, and how statesmanly he marked out his plans, while his forensic appearances astonish with the omniverousness of his legal reading and knowledge of precedents. Throughout he was 'backed' and cheered by his superiors in Ireland and by the King and his ministers. So early as 9th September, 1604, the Lord Chancellor thus wrote to Davies:--

[Footnote 28: See Smith's Law Officers of Ireland, _s.n._ The Patent of 29th May, 1609, I propose to give _in extenso_ in the Life, as before. It is extremely interesting.]

[Footnote 29: As Sergeant-at-Law he ought to have been resident in London, but the King gave him "dispensation" that he might return to Ireland.]

Y^{r} lett^{r} written at Cavan the |13 of Julij Last I receyude the 28 of August. I am gladde to heare of yo^{r} [illegible] & wysh yo^{r} seruice & successe therein may be aunswerable to yo^{r} owne expectations & best hopes. You maye haue comfort that you serue so gracious a soueraigne, so religious & replete w^{th} all Royall virtues, and so redy & wyllinge to acknowledge & remunerate the services & dueties of his meanest servantes farre beyonde their desertes. I doubt not but yo^{r} diligence & care will be such as wyll be very acceptable to his Ma^{tie}. In the Discourse w^{ch} you haue sent me, I fynde not only a very lovinge respcte w^{ch} you have towardes me (for w^{ch} I owe you heartie thankes). But also a very wyse & judicious obseruacon of the state of this wasted kingdome & the condicon of the people. God staye his hande from further afflictinge them. They haue alreadye fealte the scourge of Warre & oppresion & now are vnder the grevous scourge of famine & pestilence. God gyue them his grace and make them imprest as true Christians ought. To become truly Religious towarde God, Loyall and faythfull to their Soueraigne, constantly obedient to his lawes & to the effecting thereof. I euer wysh & praye that they may haue religious virtuous & godly magistrates sette ouer them. To yo^{r} selfe I wish all happines, and wherein you shall haue occasion to vse mee, you shall alwayes finde me redy & wyllinge to stande you in the best stede I can. And so w^{th} my very swete comendacons I comitt you to the Almightye. And rest yo^{r} very assured Loving frende

T. ELLESMERE, Canc.

At[torn]feile 9 Septembris 1604.

To the right wo^{r} my very Loving frende, Sr. John Davis Knight, his Ma^{ties} Solict. generall in his Realme of Ireland.[30]

A few years later--1608--one Letter in full--like all our MSS., now for the first time printed,--from the Lord Deputy--the noble Chichester--must suffice as a specimen of many kindred.

[Footnote 30: Carte MSS. ff. 315-6.]

Noble Mr. Attornie,

Since your departure hence I haue received two ioynt letters from you, and Sr. James Ley, and one from your selfe alone, for w^{ch} I am not your debter vnlesse it be in the matter, w^{ch} I confesse bringes more life w^{th} it comming freshe out of the stoorehouse of neewes and noveltie, for I have written as manie and more vnto you both.

Albeyt I expect you w^{th} the first passage (for so the lordes haue promised by their letters) yet can I not leaue you vnremembred, assuringe you thoe you have greater friendes, none respects you better then my selfe, nor can be more readie to make demonstration therof accordinge to the meanes I haue. I praye bringe w^{th} you the lordes directions for Sr. Neale Odonnell, and the rest of the prisoners. Sr. Neale and Ocatiance [O'Sullivan?] had contriued their escape and woulde haue as desperately attempted it, had I not preuented it within these sixe nightes by a discoverie made vnto me, albeyt I keep 20 men euerie neight for the guarde of the Castle ouer and aboue the warde of the same, whereof two or three lye in each of their chambers. Their horses were come to the towne, and all thinges else in readines. Sure these men doe goe beyond all nations in the worlde for desperate escapes, Shane Granie Ocarratan [O'Sullivan?] after he was acquited of three indictments, and as most men conceiued free from all danger of the lawe, did on fridaye the 27th of Januarie cast himselfe out of a wyndow in the topp of the Castle by the heelpe of a peece of rotten match, and his mantell w^{ch} brake before he was halfe waye downe, and thoe he were presently discovered yet he escaped about supper tyme.

When I had written thus far worde was brought me that a passadge [_sic_] was come from Hollyheade w^{ch} made me to pause for a tyme hopinge you or some other w^{th} letters, or other directions, was arriued, but beinge advertised that the Recorder of this Cyttie only w^{th} a fewe other passengers had in this fayre weather wrought out a passage by longe lyeinge att sea, although the wyndes were contrarie, and that they came from London before Christmas and had no written letters or message but in theise particulars, I fell to you againe.

And do now praye you to geue your best assystance and furtherance to such matters tuchinge my perticulare as John Strowd or Annesley shall acquaint you w^{th} all, for w^{ch} you shall finde me verie thankfull vnto you.

I haue written to the lordes in the behalfe of the howse servitors here, that they maye be remembered vpon the deuysion and plantation of the scheated lands in Ulster. I am discreadited amonge them if they should be forgotten, and sure the plantation woulde be weake w^{th} out them, for they must be the pyllers to support it. Those that shall come from thence wyll not affect it in that kynde as these do, to make it a settlement for them and theirs; and in respect of their wourthier deserts and paynfull labors, and that I haue vpon my promise to speake effectually for them preuayled so farre as to staye them from resortinge thither, w^{ch} they woulde doe in great multitudes if I woulde haue given way to their desire. I wysh that an honorable consideration maye be had of them before the diuision be concluded. I knowe that worke is of great moment and on it dependes much of the prosperitie, and good estate of the whole kingdome. I haue sayd enough to one that vnderstandes so well: And so beinge called vpon sooner then I expected I must end w^{th} the page, but wyll euer be found

Your trewe affected friend ARTHUR CHICHESTER.

Att Dublyn Castle the 7th of februarie 1608.

I send here w^{th} the proceedinge of the Court of Kinges bench in the cause of the Carrolans w^{ch} was violently prosecuted by the l. of Howth. I send them by reason it is thought by the Judges that the Baron will exclaime of their proceedinges here.

To my verie wourthie friend Sr John Davis Knight his

Ma^{ties} Attornie in the Realme of Irelande.[31]

[Footnote 31: Carte, as before, Vol. 62, ff. 313-14.]

Two short letters from Bacon--not before printed, having escaped even Mr. Spedding's Argus-eyes--in the same Carte MSS.--show Davies's pleasant relations with his great contemporary. They are as follow:--

(I. Carte MS. Vol. 62, ff. 317-18.)

Good Sr Jh. Davies yo^{r} mistaking shall not be imputed to you (for the difference is not much). Yo^{r} gratulacons for my marrige I take kyndly. And as I was all waies delighted w^{th} the fruites of yo^{r} [illegible] so I would be gladde of yo^{r} [illegible] so as you plant not yo^{r} self to[o] farre of[f]. For I had rather you should be a laborer than a plant in that State. You giue me no occasion to wryte longer in that you impart not by yo^{r} l^{rs} any occurrence of y^{rs}. And so w^{th} my very lov^{g} consid^{n} towards you

I remayne Yo^{r} assured friend FR. BACON.

from Graies Inn, this 26th of Dec. 1606.

To my very good Frend Sr Jh. Davis Knt Attorny g'rall to his M. in Ireland.

(II. Ibid ff, 328-9.)

Mr. Atturny,

I thanke you for yo^{r} l^{re} and the discourse you sent of this mere accident, as thinges then appeared. I see manifestly the begynnyng of better or woorse. But me thinketh it is first a tender of the better, and woorse foloweth but vpon refusall or default. I would haue been gladd to see you hear, but I hope occasion restreineth o^{r} meeting for a vacation when we may haue more fruite of conference. To requite yo^{r} proclamacon (w^{ch} in my judgment is wysely and seriously penned) I send you [illegible] w^{h} [illegible] w^{ch} happened to be in my hands when y^{os} came.

I would be gladde to hear oft from you and to be advertized how [illegible] passe whereby to haue some occasion to thinke some good thoughts though I can doe lyttell. At least it wilbe a contynuance in exercise of o^r frendshippe w^{ch} on my part remayneth increased by that I hear of yo^{r} service and the good respects I find towards my self. And so in extreme hast I remayne

Yo^{r} very [illegible] frend FR. BACON.

from Graies Inn this 23th of Oct. 1607.

To the R. W. his verie Lovinge frende Sr Iohn Dauys Knight, his Ma^{ties} Atturnye in Irelande.

During one of his 'circuits' in Ireland, he met Eleanor, daughter of Lord Audley (afterwards Earl of Castlehaven) and was married to her--though the date has not been traced. Her later years were darkened with insanity of a strangely voluble type. It is to be feared she was an ill "help-meet" for her husband. There is pathos, if also inevitable comedy, in her career--not here to be entered on.[32]

[Footnote 32: See Life to be prefixed to Prose Works for quotations from her writings in verse and prose, and for further details.]

While intensely occupied with his official duties, Sir John Davies did not neglect his literary gift. He was making history every year--so fundamental and permanent was the part he filled in Ireland--but the Past was gone back on that he might fetch from it monition for the Present, and hope for the Future. His imperishable book: "A Discourse of the true reasons why Ireland has neuer been entirely subdued till the beginning of His Majesty's reign," (4to)[33] will reward the most prolonged study to-day. It was published in 1612. In the same year he was made King's Sergeant and also elected M.P. for Fermanagh, being the first representative for that county in the Irish House of Parliament. He was likewise chosen to be Speaker of the House; but not without a characteristically violent struggle between the Catholics and Protestants.[34] He delivered a notable speech "to the House" on its opening in 1613.[35] In 1614 he appears in the House of Commons in England as M.P. for Newcastle-under-Lyne:[36] and his attendance in England was preparatory to final retirement from Ireland. "Grants of lands" there from the "forfeitures,"--which, if ever any righteously acquired, he did[37]--gave him a special interest in Ireland as a proprietor; but after all, for such a man, at such a time, to be limited to Ireland, was but a splendid exile. It is not, therefore, to be wondered at that having practically achieved all, and more than all, he had been given to do, or himself originated, he sought to return. It is usually stated (e.g. Chalmers, Woolrych, &c., &c.) that he so returned in 1616; but it was not until 1619 that he did so finally and absolutely; for in a letter under date "21 June, 1619," to Buckingham, he is found still only pleading for retirement and for the transference of his office to a relative.[38] It is one of the treasures of the Fortescue MSS, in the Bodleian,[39] and is as follows:

[Footnote 33: See Prose, Vol. II.]

[Footnote 34: See fuller Life, as before, for a complete narrative from contemporary documents.]

[Footnote 35: Ibid, Vol. III.]

[Footnote 36: Willis's Nat. Parl., Vol. III., p. 173.]

[Footnote 37: In the Life, as before, will be given full details of the Grants, with a curious paper of his daughter long afterwards making inquiries as to what had become of the Irish estates, &c., &c.]

[Footnote 38: It will be observed that in the Letter Sir John does not name the gentleman he wishes to succeed him. It was no doubt Sir William Ryves, who actually was appointed. The "neere alliance" was through the family of Mervyn, and is shown in the following details drawn up for me by Mr. B. H. Beedham, from information communicated by Mr. J. N. C. Davis, as before:

George Touchet, Earl of Castlehaven ¦ Lucy, d. of Sir James Mervyn, ¦ Fonthill, Wilts. 3-------------------------------^---------------------------2 Sir John Davies Lady Eleanor Touchet Edward Davys Joan Cave ¦ ---------------^------ Matthew Davys ¦Ann d. of b. 1595 ob. 1678. ¦Edward Mervyn ¦of Fonthill, ¦ob. 8th ¦Nov. 1657. -------------------------------^ John Ryves of Daunsey Court ¦ Elizabeth d. of John Mervyn ¦ (several children) 6------------------^------------------8th son. Sir William Ryves settled Sir Thomas Ryves, Master in Ireland; had numerous in Chancery: Judge of the appointments, and made Prerogative Court there. large purchases of estates; Attorney General.]

[Footnote 39: No. 245. For a notice of the collection from which the above Letter is for the first time printed, see Preface to "The Fortescue Papers ... Edited ... by Samuel R. Gardiner, for the Camden Society (1871). My friend Mr. Gardiner must have overlooked Davies's important letter.]

My most honored Lord,

I præsent my most humble Thanks to y^{r} L^{p} for præsenting mee to his Ma^{ty} the last Day, at Wansted; & for y^{r} noble favour in furthering the suit I then made, as well for mine owne stay in England, as for my recommending a fitt man to my place of service in Ireland.

The Gentleman to whom I wish this place now, is much obliged to y^{r} L^{p} already, & well worthy of y^{r} L^{ps} favours, & besides his owne worthines (hee being a Reader & Judge of a circuit, of w^{ch} degree & quality never any before was sent out of England to supply that place), hee is of neere alliance vnto mee. So as, where there is concurrence of meritt & kinred, y^{r} L^{p} may conjecture that I deale w^{th} him like a gentleman & a friend, & not like a marchent. Albeit I wi^{ll} leave a good place there, w^{th}out any præsent præferment heer (whereof none of my profession have failed at their return out of Ireland) I might, perhaps w^{th} some reason expect some Retribution, to recompence the charge of Transporting my famely from thence, & of setling it heer in this Kingdome, where I am become almost an Alien by reason of my long absence.

For this particular favour of transferring my place to so well deserving a successor, I doo wholly depend vppon y^{r} L^{p} as I shall euer doo vpon all other occasions, while I live, as one that have separated my self from all other dependancies, beeing entirely devoted to doo y^{r} L^{p} all humble & faythful service

Jo: Dauys.

21 Junij 1619.

if my long service may induce favour, y^{r} L^{p} may bee pleased to looke vppon the noate enclosed.

To the right honorable my very good lord my lord the Marques of Buckingham, &c.

It is to be regretted that the "noate" of the postscript has not been preserved. It probably enumerated his public services.

Sir William Ryves succeeded as Attorney-General for Ireland by Patent dated 30th October, 1619.[40] From 1619 onward, Sir John Davies is found in the House of Commons (still for Newcastle-under-Lyne) and "on circuit" as a Judge. His "Charges"--to be given in his Prose Works--as "one of the Justices of Assize for the Northerne Circute"--are very characteristic, being full of legal 'precedents,' and noticeable in their tracing up the verdict sought to abiding principles. He took part in the memorable "case" of Frances, Countess of Somerset, for the poison-murder of Sir Thomas Overbury. In the House of Commons he spoke seldom; but when anything that concerned Irish interests came up he never failed to contend in behalf of Ireland.[41]

[Footnote 40: By inadvertence the Patent describes Sir John Davies as "deceased." Unless used as = departed (from Ireland), or = having ceased to fill the office, it is a singular oversight.]

[Footnote 41: In the Life, as before, his appearances in Parliament will be noted and illustrated.]

Lightening his legal employments were a large correspondence and 'fellowship' with his most eminent contemporaries, and the collection of his Poetical Works, in so far as he wished them to go down to posterity. Of the former I select one undated letter to the illustrious Sir Robert Cotton, with whom he had been early acquainted, and associated in 1614, in re-establishing the Society of Antiquaries, originally founded in 1590. One of these is a sprightly and pleasant letter, and all the more welcome that most of his correspondence that remains is official and grave. The lighter letter is as follows, from MSS. Cotton: Julius C. III., p. 14: now paged 133, British Museum:

Sweet Robin, for a few sweet words, a client of mine hath presented me w^{th} sweet meates, to what end I know not except it be, as Chaucer speakes,

To make mine English sweet uppon my tongue, that I may pleade the better for him to morrow at the Seale.

Not w^{th} standing, the best vse that I can make of it, is to preesent you w^{th} it, especially at this time when you ar in Physick, that you may sweeten your tast after the Rhewbarb. I have been a little distracted w^{th} vnexpected busines these two or three last dayes, that I cold not performe my officious promise to visit you in this voluntary sicknes of yours; but [erased] now I am faine to make my hands to excuse my feet from travayling vnto you, because being the servant of the multitude I am not mine owne man. Make much of your self, & make y^{r} self speedily well, that I may have your company towards Cambridge, from whence I will go w^{th} you to see the ancient Seat of Robt. le Bruis; so wishing you a prosperous operation of your Phisick, at least that you may Imagine so, for it is the Imagination that doth good, & not the Physick, w^{ch} I ever thought a meere imposture; I cease to troble you least the intention of to much Reading hinder the working of those vertuous drugs.

Y^{rs} all & ever J. Dauis.

(Endorsed) To my worthy friend Rob: Cotton esquier.

A second letter runs thus, from MSS. Cotton: Julius C. III., p. 32:--

Noble S^{r} Robert: the ordinary subject of letters is, newes, whereof this kingdome since the warres, hath been very barren; therefore I must write vnto you that w^{ch} is no newes, that is, that I love you, & hold a kind & dear memory of you.

according to my promise to y^{r} self & Mr. Solliciter of England who is now, I hear, a Judge, I have caused this bearer to draw some Mapps of o^{r} principal Cittyes of Ireland; & he having occasion to go for England, I have thought fitt to direct him vnto you. he is an honest ingenuous yong m[=a] & of y^{r} owne Name. I hear not yet of y^{e} Antiquities out of Cumberland; if they be brought hither I will take care to transmitt th[=e] to London, & so in speciall hast, being ready to go my circuit ov^{r} all Munster I leave you to y^{e} divine p'servation.

Y^{s} to do you Service, Io: Dauys.

Dublin 4 Martij 1607. I desire to be affectionately remembred to Mr. Justice Doddridge & Mr. Clarencieux.

His Poems, as finally collected by him, appeared in a thin octavo in 1622. His Prose Works he never collected, but allowed them to be re-published separately. His "True Cause" passed through several editions during his own life-time. One of his most important prose-books after the "True Cause" brings us to the closing event of his busy and various-coloured life. It is entitled in the first issue, which was posthumous[42]--"The Question concerning Impositions, Tonnage, Poundage, Prizage, Customs, &c. Fully stated and argued, from Reason, Law, and Policy. Dedicated to King James in the latter end of his Reign." (1656.)

[Footnote 42: Woolrych, as before, splits the one work into several, and mistakes MSS. of it for distinct works. Vol. I., pp. 209-10.]