Treaty of Mellifont
Encyclopedia
The Treaty of Mellifont also known as the Articles of Mellifont was signed in 1603 ending the Nine Years' War
which took place in the Kingdom of Ireland
from 1594 to 1603.
, Charles Blount, 8th Baron Mountjoy, had succeeded where his predecessor, Robert Devereux, 2nd Earl of Essex
, had failed. However, Mountjoy knew that as long as Hugh O'Neill was still in hiding he was still a threat. Although most of the lesser chiefs allied with him had been compelled to submit, Rory O'Donnell
, Brian Oge O'Rourke
, Cuchonnacht Maguire (brother of Hugh Maguire
), and Donal Cam O'Sullivan Beare remained loyal to The Great Earl.
During the Spring of 1603, Lord Mountjoy concentrated his campaign in the northern counties and the province
of Leinster
. He ordered all land be scorched. Harvests and stock were destroyed and famine soon prevailed.
Mountjoy and the English Privy Council
had long urged Queen Elizabeth I of England
to make peace. The war was costing three quarters of the Exchequer's annual revenue and the aged Queen had been obliged to maintain anarmy of 20,000 men for several years past. By contrast, the English army assisting the Dutch during the Eighty Years' War was never more than 12,000 strong at any one time. Horrified by the cost of the war, Elizabeth now dropped her insistence on unconditional surrender and authorised Mountjoy to treat with The O'Neill upon honourable terms.
near Ballymascanlan, Sir Garret's seat which had been awarded to him following the dissolution
of the Cistercian Abbey. Moore was a personal friend of O Neill's. They found him in his retreat near Lough Neagh
early in March. The Lord Deputy was aware of the Queen's serious illness and so he was anxious to conclude an agreement before the news became known to the Irish Princes.
On the 27th of March Mountjoy received news that the Queen had died at London on tht 24th but he kept this information from the other parties until the 5th of April. Delaying the news had no legal effect, because of the principle of the demise of the Crown
and the lack of an interregnum
, but it might have caused a further delay had the new King James
wanted to appoint different negotiators.
These terms were similar in policy to many previous "surrender and regrant
" agreements conducted after 1537 between the Crown and many autonomous Irish chieftains, though the earl was not obliged to convert to the Church of Ireland
as was often the case.
, who took over as Lord Deputy, made no attempt to clip Tyrone's wings.
This state of affairs was reversed when Sir Arthur Chichester
was sworn in as Lord Deputy in February 1605. Lord Deputy Chichester saw Irish Catholicism
as a major threat to the crown. He oversaw widespread persecution of Catholics, and ordered the execution of two bishops. He now led the campaign by royal officials, acting on the complaints of the "servitors" to undermine the authority of Tyrone and Tyrconnell and to erode their economic base. When Hugh O'Neill and other rebel chieftains left Ireland in the Flight of the Earls
(1607) to seek Spanish help for a new rebellion, Chichester seized their lands and prepared to colonise the province in a plantation
.
Nine Years' War (Ireland)
The Nine Years' War or Tyrone's Rebellion took place in Ireland from 1594 to 1603. It was fought between the forces of Gaelic Irish chieftains Hugh O'Neill of Tír Eoghain, Hugh Roe O'Donnell of Tír Chonaill and their allies, against English rule in Ireland. The war was fought in all parts of the...
which took place in the Kingdom of Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
from 1594 to 1603.
The end of the war
Following the English victory in the Battle of Kinsale, the leaders fighting in Cork returned to protect their homelands. The Lord Deputy of IrelandLord Deputy of Ireland
The Lord Deputy was the King's representative and head of the Irish executive under English rule, during the Lordship of Ireland and later the Kingdom of Ireland...
, Charles Blount, 8th Baron Mountjoy, had succeeded where his predecessor, Robert Devereux, 2nd Earl of Essex
Robert Devereux, 2nd Earl of Essex
Robert Devereux, 2nd Earl of Essex, KG was an English nobleman and a favourite of Elizabeth I. Politically ambitious, and a committed general, he was placed under house arrest following a poor campaign in Ireland during the Nine Years' War in 1599...
, had failed. However, Mountjoy knew that as long as Hugh O'Neill was still in hiding he was still a threat. Although most of the lesser chiefs allied with him had been compelled to submit, Rory O'Donnell
Rory O'Donnell, 1st Earl of Tyrconnell
Rudhraighe Ó Domhnaill, 1st Earl of Tyrconnell was the last King of Tír Chonaill . An apparent original of the Letters Patent of the Earldom are in the possession of Graf O'Donell von Tyrconnell in Austria, although that family did not inherit the title, nor the related territorial Lordship of...
, Brian Oge O'Rourke
Brian Oge O'Rourke
Brian Oge O'Rourke was the penultimate king of West Breifne, from 1591 until his death in 1604. He succeeded his father, Brian O'Rourke, when news of the latter's execution in London reached Ireland...
, Cuchonnacht Maguire (brother of Hugh Maguire
Hugh Maguire
Aodh Mag Uidhir, anglicised as Hugh Maguire was the Lord of Fermanagh in Ireland during the reign of Elizabeth I and leader of the ancient Maguire clan; he died fighting crown authority during the Nine Years War.-Early career:...
), and Donal Cam O'Sullivan Beare remained loyal to The Great Earl.
During the Spring of 1603, Lord Mountjoy concentrated his campaign in the northern counties and the province
Provinces of Ireland
Ireland has historically been divided into four provinces: Leinster, Ulster, Munster and Connacht. The Irish word for this territorial division, cúige, literally meaning "fifth part", indicates that there were once five; the fifth province, Meath, was incorporated into Leinster, with parts going to...
of Leinster
Leinster
Leinster is one of the Provinces of Ireland situated in the east of Ireland. It comprises the ancient Kingdoms of Mide, Osraige and Leinster. Following the Norman invasion of Ireland, the historic fifths of Leinster and Mide gradually merged, mainly due to the impact of the Pale, which straddled...
. He ordered all land be scorched. Harvests and stock were destroyed and famine soon prevailed.
Mountjoy and the English Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
had long urged Queen Elizabeth I of England
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
to make peace. The war was costing three quarters of the Exchequer's annual revenue and the aged Queen had been obliged to maintain anarmy of 20,000 men for several years past. By contrast, the English army assisting the Dutch during the Eighty Years' War was never more than 12,000 strong at any one time. Horrified by the cost of the war, Elizabeth now dropped her insistence on unconditional surrender and authorised Mountjoy to treat with The O'Neill upon honourable terms.
The negotiations
The agents employed by the Lord Deputy in this negotiation were Sir William Godolphin and Sir Garrett Moore who was the ancestor of the Marquesses of Drogheda. Negotiations were conducted at MellifontMellifont Abbey
Mellifont Abbey , located in County Louth, was the first Cistercian abbey to be built in Ireland.-Origins:Founded in 1142 on the orders of Saint Malachy, Archbishop of Armagh, Mellifont Abbey sits on the banks of the River Mattock, some ten km north-west of Drogheda.By 1170, Mellifont had one...
near Ballymascanlan, Sir Garret's seat which had been awarded to him following the dissolution
Dissolution of the Monasteries
The Dissolution of the Monasteries, sometimes referred to as the Suppression of the Monasteries, was the set of administrative and legal processes between 1536 and 1541 by which Henry VIII disbanded monasteries, priories, convents and friaries in England, Wales and Ireland; appropriated their...
of the Cistercian Abbey. Moore was a personal friend of O Neill's. They found him in his retreat near Lough Neagh
Lough Neagh
Lough Neagh, sometimes Loch Neagh, is a large freshwater lake in Northern Ireland. Its name comes .-Geography:With an area of , it is the largest lake in the British Isles and ranks among the forty largest lakes of Europe. Located twenty miles to the west of Belfast, it is approximately twenty...
early in March. The Lord Deputy was aware of the Queen's serious illness and so he was anxious to conclude an agreement before the news became known to the Irish Princes.
On the 27th of March Mountjoy received news that the Queen had died at London on tht 24th but he kept this information from the other parties until the 5th of April. Delaying the news had no legal effect, because of the principle of the demise of the Crown
Demise of the Crown
In relation to the shared monarchy of the Commonwealth realms and other monarchies, the demise of the Crown is the legal term for the end of a reign by a king, queen, or emperor, whether by death or abdication....
and the lack of an interregnum
Interregnum
An interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
, but it might have caused a further delay had the new King James
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
wanted to appoint different negotiators.
The terms
On the 31st of March Tyrone submitted to the Crown. The pardon and terms were considered to be very generous at the time.- In return for renouncing the Gaelic title, Uí NéillUí NéillThe Uí Néill are Irish and Scottish dynasties who claim descent from Niall Noigiallach , an historical King of Tara who died about 405....
(in English: The O'Neill), the attainderAttainderIn English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
that had stripped him of the title of Earl of Tyrone was reversed, allowing him a seat in the Irish House of LordsIrish House of LordsThe Irish House of Lords was the upper house of the Parliament of Ireland that existed from mediaeval times until 1800. It was abolished along with the Irish House of Commons by the Act of Union.-Function:...
. - He retained his traditional core territory, apart from any Church lands, which was held in freehold title under English property lawEnglish property lawEnglish property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
. - The Earl of Tyrone swore to be loyal to the Crown and not seek further assistance from foreign powers, and in return received a pardonPardonClemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
. - Brehon law was to be replaced in his lands with English law.
- The Earls were no longer permitted to support the Gaelic BardBardIn medieval Gaelic and British culture a bard was a professional poet, employed by a patron, such as a monarch or nobleman, to commemorate the patron's ancestors and to praise the patron's own activities.Originally a specific class of poet, contrasting with another class known as fili in Ireland...
s. - English would be the official language.
- Catholic Colleges could not be built on his property.
These terms were similar in policy to many previous "surrender and regrant
Surrender and regrant
During the Tudor conquest of Ireland , "surrender and regrant" was the legal mechanism by which Irish clans were to be converted from a power structure rooted in clan and kin loyalties, to a late-feudal system under the English legal system...
" agreements conducted after 1537 between the Crown and many autonomous Irish chieftains, though the earl was not obliged to convert to the Church of Ireland
Church of Ireland
The Church of Ireland is an autonomous province of the Anglican Communion. The church operates in all parts of Ireland and is the second largest religious body on the island after the Roman Catholic Church...
as was often the case.
The aftermath
On June 2, 1603, Mountjoy left Ireland in company with Hugh O'Neill and the new lord of Tír Conaill, Rory O'Donnell. In 1604, an Act of Oblivion declared that all "offences against the Crown" committed before the King's accession were to be "pardoned, remitted, and utterly extinguished". O'Neill returned to Ulster and appeared to have become a model subject of the Crown. Mountjoy, now a Privy Counsellor remained a champion of the terms of the Treaty and it seems he had become quite taken with his former adversary. The elderly Sir George CareyGeorge Cary (of Cockington)
Sir George Cary , of Cockington in Devon, was an English administrator and Member of Parliament who held various offices in Ireland. He was treasurer-at-war to the Earl of Essex's campaign in Ireland in 1599, and was appointed a Lord Justice in September 1599 and again in 1603...
, who took over as Lord Deputy, made no attempt to clip Tyrone's wings.
This state of affairs was reversed when Sir Arthur Chichester
Arthur Chichester, 1st Baron Chichester
Arthur Chichester, 1st Baron Chichester , known between 1596 and 1613 as Sir Arthur Chichester, was an English administrator and soldier, best known as the Lord Deputy of Ireland from 1604 to 1615.- Early life :...
was sworn in as Lord Deputy in February 1605. Lord Deputy Chichester saw Irish Catholicism
Roman Catholicism in Ireland
The Catholic Church in Ireland is part of the worldwide Catholic Church, the Christian Church with full communion with the Pope, currently Benedict XVI...
as a major threat to the crown. He oversaw widespread persecution of Catholics, and ordered the execution of two bishops. He now led the campaign by royal officials, acting on the complaints of the "servitors" to undermine the authority of Tyrone and Tyrconnell and to erode their economic base. When Hugh O'Neill and other rebel chieftains left Ireland in the Flight of the Earls
Flight of the Earls
The Flight of the Earls took place on 14 September 1607, when Hugh Ó Neill of Tír Eóghain, Rory Ó Donnell of Tír Chonaill and about ninety followers left Ireland for mainland Europe.-Background to the exile:...
(1607) to seek Spanish help for a new rebellion, Chichester seized their lands and prepared to colonise the province in a plantation
Plantation of Ulster
The Plantation of Ulster was the organised colonisation of Ulster—a province of Ireland—by people from Great Britain. Private plantation by wealthy landowners began in 1606, while official plantation controlled by King James I of England and VI of Scotland began in 1609...
.