Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 2 (of 3)

Shane sails for England, 1561,

Having practically humiliated the Lord-Lieutenant, Kildare had enough address to give the Queen the appearance of a diplomatic triumph. It had been agreed that the garrison should be withdrawn from Armagh, but the Earl persuaded Shane that by not insisting strictly on this article he would put her Majesty in good humour and make her favourable to his suits. After expressing some indignation that any attempt should be made to vary the written letter, Shane was at last graciously pleased to humour the Queen, ‘but as to th’erle of Sussex he would not molefye one yoote of his agrements; and hereupon sent his man the garison to remaynge.’ Five hundred pounds were paid over to Shane before starting, 1,000l. awaited him at Chester, and a second 500l. in London.

visiting Sussex on the way

Shane came to Dublin and waited upon Sussex, who received him graciously; but this outward politeness scarcely concealed the real feelings of the two men. Shane perhaps feared that the Lord-Lieutenant, who now had him in his power, might after all send him over as a prisoner. For the same reason an encouraging letter from Mary Stuart, which only reached him in Dublin, had not the desired effect of preventing his journey. And thus, accompanied by Kildare and Ormonde, without whose escort he had positively refused to stir, and with a train suitable to his pretensions, the uncrowned monarch of Ulster took ship to visit that great princess whose authority even he was ready to acknowledge, upon the sole condition that she should never exercise it. Shane afterwards complained that he was treated as a prisoner on the journey, and that Sussex had charged the Earls on their allegiance to secure him by handcuffs.³⁷

Unpopularity of English rule

Sussex did not conceal from the Queen his mortification at the treaty which he had been obliged to sign, at the powers given to Kildare, and at the abandonment of the campaign, from which so much had been hoped, and for which such great preparations had been made. Her Majesty’s letters had contained expressions of disgust which not only reflected on himself, but discredited the whole English interest of which he was the head, and he bitterly resented the small thanks given him for five years of arduous service. ‘Our nation in this realm,’ he said, ‘is likened to the French in Scotland. We be railed on at tables with terms not sufferable. The people be incensed to wax mad, and this is hoped to be the jubilee year.’ He complained that the Queen’s Irish policy was as useless and unprogressive as Penelope’s web, woven by one governor only to be picked to pieces by the next. It would be for the Queen’s honour either to support her representative cordially, or to recall him honourably and employ him in some other place, ‘where I can do her better service than I can now do here.’ These criticisms were well deserved. The peace with Shane was of Elizabeth’s own making, and yet, with that want of generosity which she sometimes showed, she tried to make out that its terms were not sufficiently favourable to her. Sussex showed conclusively that he had done the best thing possible under the circumstances which the Queen had thought proper to create.³⁸

Shane O’Neill at Court, 1562

No sooner was Shane gone than Sussex obtained leave to follow him. The Government was left to Fitzwilliam, whose expenses were to be borne out of the pay and allowances of the absent Lord-Lieutenant, and who was directed to give all possible help to Brian O’Neill. It was perhaps thought profound policy to support the boy’s claim to the Earldom of Tyrone while the real chief of Ulster was out of the way. Sussex rightly observed that if the Queen wished to support the young Earl she could best do so by treating Shane coldly at first, and by keeping him at arm’s length till he himself arrived. This advice, which was not only sound in itself but calculated to restore the credit of Sussex in Ireland, came too late to be of much use; for Kildare had already presented Shane to the Queen. The bare rough heads of his gallowglasses, who did not lay aside their axes, their long curls, their wide-sleeved saffron shirts, their short tunics, and their shaggy cloaks of fur or frieze, which in Ireland covered a multitude of sins, made Englishmen stare; not less, says Camden, than they now stare at Chinamen or American Indians. The Ambassadors of Sweden and Savoy were present, and doubtless shared in the general astonishment created by her Majesty’s distinguished subject. Shane prostrated himself before the Queen, and then on his knees ‘confessed his rebellion with howling,’ and made his submission in Irish, which few or none could understand. The language was perhaps less humble than the posture. But Cecil was not to be put off thus; the supposed meaning of the speech was engrossed in English, and two days afterwards was signed and sealed by Shane. ‘For lack of education and civility,’ he is made to say, ‘I have offended.’ He thanked the Queen for his pardon, promised to deserve well for the future, begged her favour for the gentlemen of his company, his kinsmen and friends, and admitted in writing that he had done homage on his knees to Elizabeth as Queen of England, France, and Ireland. Shane’s pretensions were so extraordinary that the courtiers exercised their wit in inventing a style for him, and they dubbed him ‘O’Neill the great, cousin to St. Patrick, friend to the Queen of England, enemy to all the world besides.’³⁹

Negotiations with Shane in England

Sussex received a copy of Shane’s submission at Holyhead, forwarded it to Fitzwilliam, and then went on to London; a journey which bad weather and bad roads extended to about ten days. On his arrival he had to defend himself against those who had tied his hands by the commission to Kildare, and who now blamed him for not using them more vigorously against Shane. He showed very conclusively that he had done his best under the circumstances, and threw the blame on the Irish Earl, who was entirely responsible for the terms of the treaty. Either Kildare made good his case, or it was not thought prudent to follow the matter up closely; for there seems no reason to suppose that he was censured. With the help of Sussex, Cecil immediately set himself to discover the points on which Shane differed from the Government. Written interrogatories were drawn up and answered by Shane; and then the Lord-Lieutenant replied. The nature of the controversy will be best understood from an abstract of the papers, which bring out very clearly how entirely different were the English and Irish points of view.

Interrogatories administered

1. What petitions did Shane intend to make to the Queen when he first proposed to come over?

A. To acknowledge my duty, to become known to her Highness as a protection against unjust Governors, and to become civilised by the sight of her Majesty’s nobility.

R. The implied accusation is too vague.

2. Shane has been profuse in offering his services – what are they?

A. To help the Governor in preventing foreign enemies from landing in the North. Sussex has brought in the Redshanks ‘to the great danger of the Crown of Ireland.’ Their lands should be restored to loyal subjects such as me, O’Neill, and my friends.

R. Judging from Shane’s antecedents, is he likely to perform such a promise?

3. Why should not the Baron’s son be Earl according to his patent?

A. That Kelly was born in wedlock and reputed the son of John Kelly and Alison his wife until sixteen. He was adopted by my father ‘contrary to all order of law and to the old proverb "who bulleth my cow the calf is mine."’ Matthew Kelly was then a trader in Dundalk called ‘Matthew the seller of salt.’ My father rechristened Matthew, ‘Ferdoragh,’ who then tried to usurp the headship of the O’Neills. Even if I were out of the way there are one hundred of my name who would not allow Matthew’s pretensions.

Any patent must be void, for Con had no estate in the country, which was held only by consent of the Lords and inhabitants.

By the law of the Pale no letters patent took effect without inquisition, which could not be held in Tyrone because it was no shire. If ‘the Queen’s law’ is to prevail, then I am heir-at-law.

R. The Baron’s son claims by letters patent, not by legitimation, and the freeholders were consenting parties. Shane’s Pale law is ‘used in shire-ground and not in the Irishry, where the Prince holdeth by conquest, and ever hath done, and the breach thereof overthrows all the new Earls’ states in Ireland.’

4. How he proves his title to be O’Neill, having never been admitted by the sovereign?

A. In Tyrone and most Irish countries the people assemble on the death of a chief and choose ‘the most ablest and the worthiest of the headmen.’ Shane was so elected without the usual contest. His ancestors never used to be confirmed by the Crown, ‘yet none the less do I mean to be as good and true a subject as though any such confirmation were had in that behalf.’

R. The eldest is not accounted the worthiest, but the strongest. Shane forced the country to elect him. There are many precedents for the admission of captains of countries by letters patent, and the practice should of right be universal.

5. What authority and jurisdiction does Shane claim by virtue of tribal election?

A. What my ancestors have always claimed and no more. Most of them have held the pre-eminence by indenture, and the old men of the country will not deny the extent of the jurisdiction.

R. The claim is bad, and more particulars are required.

Shane’s ‘Urraghs,’ according to himself

6. What countries doth Shane claim to rule thereby?

A. Magennis, MacMahon, Maguire, O’Kane, O’Hanlon, MacCartane, Dufferin, the Savages, and many O’Neills are under my rule. Clandeboye and the Rowte should belong to me, ‘which the Scot engageth by the means aforesaid.’ I have also ancient rights over O’Reilly’s country, and rents out of ‘other lords of small reputation which it were prolix to write.’ The old black rent of 40l. out of Louth was remitted by my father. Whatever men may say, I mean to spend all my power in the Queen’s service.

R. Fuller particulars are required, and records are extant to disprove all these claims.

7. What obedience and service hath O’Neill hitherto borne to the Crown of Ireland?

A. Bare allegiance only to the Lords of Ireland, and peace with the Pale. My father first acknowledged Henry VIII. King of England, France, and Ireland; I do the same ‘with a more perfection’ to serve her Majesty than my ancestors. When I undertook to come I fully knew what influence the Earl of Sussex had with the nobility. Nevertheless, I had ‘hope in the Queen’s Highness and the uprightness of her honourable Council, and my own truth.’ I now crave favour and despatch.

R. All this is false. O’Neill owes great service to the Crown of Ireland as appears by record.⁴⁰

Personal differences between Shane and Sussex

Other controversies there were of a more personal character between Shane and Sussex; a study of which shows how hopeless it was to suppose that they would ever act together, or be anything but enemies to each other. Shane declared truly enough that Sussex had designs on his life. His charges may be summed up in the statement that he thoroughly mistrusted the Lord-Lieutenant, ‘by reason of which mistrust he hath escaped his traps, by the help of God and grace of the Queen, and now at length come to her gracious presence, which he hath long wished.’ Refuting some charges and denying others, the Earl concentrates his wrath in the supposition ‘that Shane’s nature is so accustomed to lying, as after her Majesty’s gracious dealing with him he is not ashamed to show the same now in her presence;’ and is therefore much less to be trusted when absent.⁴¹

Consequences of Shane’s detention

That Cecil was anxious to do right in O’Neill’s case may be inferred from the great labour which he evidently took to understand both the legal and moral aspect of the question. The ‘Tower Records’ were searched for precedents as to the Earldom of Ulster, through which Edward IV. and all his successors were entitled to Tyrone, and as to the relations of the Crown with Irish captains. Inquiries into Irish customs were also set on foot with special reference to Shane’s claims under them. His proved rights there was clearly no intention of withholding. But there was culpable procrastination, a hope that something might turn up, and an idea that it was well to keep Shane away from his own country and to accustom his country to do without him. O’Neill clamoured for his release, and produced evidence of the distractions of his country in his absence. Many spoils were taken to the Pale, and many disturbances raised by the Baron of Dungannon’s sons and by other enemies. Tirlough Luineach took too much on himself; ‘and the sept of the Neills,’ said the chief’s correspondent, ‘do not maintain one another but are scattered abroad, every one doing for himself, and the "kereaghts" of the country (the nomad herdsmen of Ulster) in every side are dropping away to eschew the trouble of the country … every man spake largely for the defence of the country at your being with them, yet is the country now evil defended. It is easier to redress now than hereafter, therefore come in haste and do as the proverb says, "Principiis obsta; sero medicina paratur," come with haste and you shall be welcome.’⁴²

Murder of the Baron of Dungannon

The Queen not unreasonably declared that she could not decide fairly in the young Baron’s absence; but this should have been thought of before. About the time the order to send him reached Ireland the question was settled as between Shane and his nephew, or supposed nephew, by the murder of the younger claimant to the Earldom of Tyrone. Tirlough Luineach, who was probably tanist, and was certainly the second man among the O’Neills, waylaid the unfortunate boy before daybreak with 100 horse and 200 foot, somewhere between Carlingford and Newry. The victim had no more than twenty with him. He hid in a thicket, and stripped off his clothes, intending to swim the river, when the pursuit slackened. But one of his followers who was taken offered, to save his own life, to betray a better person. His hiding-place was soon found, and he was killed, ‘not far, as I think,’ said Fitzwilliam, ‘from the spot where his father had the like friendship of his men.’ Brian O’Neill left a brother behind him, who was neglected on account of his youth, but who lived to be the most formidable of all Elizabeth’s Irish enemies. The murder could not be traced to Shane; and indeed Tirlough, as his presumptive successor, had an interest of his own in getting rid of a pretender who relied on letters patent. Under Tirlough’s leadership the O’Neills did nearly as much harm as when Shane was present, and the last crime was considered evidence that no one but the latter could keep order.⁴³

What Shane did in London

We have but scanty information as to how Shane spent his time in London. He was present at a Court hunting party, where he saw a brother of Guise, who was on his way home from Scotland, kill two stags with a single arrow. A diarist of the time has recorded that one day ‘John O’Neill, the wild Irishman, came riding into Cheapside, and dined at St. John’s Head, at Master Daniel’s, the goldsmith;’ and that on another day he ran at the ring beyond St. James’s in the field. No doubt Shane rode well enough in the field; but probably he did not shine in the tilt-yard; for he asked the Queen, until she had found him an English wife to amuse him, to appoint him ‘to attend on the Lord Robert, that I may learn to ride after the English fashion, to run at the tilt, to hawk, to shoot, or use such other good exercises as I perceive my said good lord to be meet unto.’ This may not have been unpleasing to the Queen, and was certainly not so to the favourite, who afterwards corresponded with Shane. O’Neill sent him hawks, horses, and greyhounds, and thanked him for his gentle and loving letters. Shane did not get the wife ‘to be chosen by the Queen such as she and I may agree,’ and he may have ceased to press the matter when he found that he might be expected to ‘change his garments, and go like an Englishman.’ Nothing was further from his thoughts than to conform to English customs, either in dress or religion, and he was in constant communication with the Spanish ambassador De Quadra, who encouraged him to hope for Philip’s favour, and took care that he should not want the means of confession and absolution, which he must have required pretty often. The interpreter at these interviews was an Irish priest, who afterwards went to Louvain, and thence to Spain or Rome. One supposed consequence of his journey was that the Holy See gave Shane all the ecclesiastical patronage in his country.⁴⁴

Shane returns to Ireland

Shamed or frightened by the death of the young Baron, the Queen at last let her barbarous subject go. He was acknowledged, with a formal reservation of young Hugh O’Neill’s claims, as actual captain not only of Tyrone, but of O’Cahan’s county, and of the greater part of what is now the county of Antrim; but with a proviso that he should not levy Irish exactions outside of his own proper district. He promised to do his best to persuade the chiefs thus placed under him to come to Dublin and do homage, and to support those who thus evinced their loyalty against those who refused to do so. Shane agreed to attend all general hostings in Ulster, and to keep the peace with O’Donnell, O’Reilly, and the rest for six months, during which a board of arbitration, consisting of the Earls of Kildare and Ormonde, and of four members of the Irish Privy Council, two named by himself and two by the opposite party, should sit and determine all differences. O’Neill promised to retain no mercenaries born out of Tyrone, and to take no pledges beyond the same limits. Phelim Roe’s sons, and others in Tyrone who had done the Queen service, were not to be molested, and internal disputes were to be settled by arbitrators; the powers of an umpire being retained by the Council, who might send Commissioners to the border. Shane covenanted not to molest the garrison of Armagh, on condition that they were victualled out of the Pale. He consented to bring Calvagh O’Donnell into the presence of the Earls of Ormonde, Kildare, Thomond, and Clanricarde, and to submit to their decision as to Calvagh’s liberation, and as to other matters in dispute. Such was the general tenor of the treaty: it was one which could not work well without complete good faith on both sides. The Queen probably acted under the advice of Sidney and of his brother-in-law Dudley, and this may have laid the foundation of the bad feeling afterwards existing between Sidney and Sussex. Shane was indeed completely triumphant. He left three hostages in London, but as they were all persons of no importance, he probably made the sacrifice with great equanimity.⁴⁵

The Queen puzzled

Unfortunately, good faith existed on neither side. Elizabeth dismissed Shane with honour because she knew not what else to do, and Shane agreed to her terms because he was in the net and saw no other means of escape. Three hundred pounds certainly, perhaps more, was lent, or rather given, for the return journey, and the Queen issued a proclamation declaring Shane’s virtues, and appointing Commissioners to determine his controversies with the Pale.

Desmond and Ormonde

Shortly before Sussex left Ireland Munster was disturbed by the chronic jealousy between Butlers and Geraldines. Desmond accused Ormonde of waylaying him on his return from the great hosting, and thereupon invaded his country; but a peremptory order from the Lord-Lieutenant averted a collision for the time. Ormonde went to Sussex when sent for, but Desmond, while professing his readiness to obey, kept out of reach, and made Lord Roche and Lord Barry swear allegiance to him. Sussex recommended that both the Earls should be sent for to England as the only means to save the whole South-West from disorder, which nothing short of a regular campaign could repress. Ormonde was willing to incur the expense of the journey, for he was in an awkward dilemma. Either he must allow his country to be wasted with impunity, or he must incur the Queen’s displeasure by attempting to defend it.⁴⁶

Desmond shows signs of insubordination

On receiving his patent as Lord Justice, Fitzwilliam was able to say that Shane’s departure had made an instantaneous peace. Ormonde had shown extraordinary obedience and forbearance, or his rival’s wilfulness and pride would have made great work. The usual causes of disturbance were still present, and the vacillation of the English Government confirmed the evil disposition of a people who, in Sir H. Radclyffe’s opinion, were naturally ‘addicted to sedition, desirous of alteration, contented with nothing but will and liberty.’ Desmond was at war with all the gentlemen of the West, and they with him. The outlaws maintained by him burned towns and carried all their plunder into his country, where there was no danger of rescue. Ormonde had been ready to accompany Shane O’Neill to England, but the Queen had ordered him to wait for Desmond, lest he might leave his country exposed. The Geraldine Earl urged as a reason for staying at home that he was at war with his uncle Maurice, who bore the significant title of ‘na totane,’ or the incendiary, and whose propensities age had not tamed. The pretext was taken away by Thomas Fitzmaurice, who went to England and promised for himself and for his father to keep the peace during Desmond’s absence. The Earl was reported to have said that he would never be in England at the same time with Kildare and O’Neill, the inference being that they had all an interest in disorder. Summoned by a letter from the Queen herself, Desmond did not answer for nearly a month, and then put in mere dilatory pleas, while he burned villages and robbed Ormonde’s people of 500l. collected for his expenses in England. The two Earls met Fitzwilliam at Waterford, and Desmond dared the Lord Justice to interfere with the pirates who infested the Blackwater. He promised, however, that they should do no harm, and the Corporations of Cork, Kinsale, and Youghal declared that he was their only defence. The Lord Deputy and Council, said the Kinsale people, were so far off that they would rather lose their rights than hazard their lives to maintain them, and they made this their excuse for addressing the Queen directly. Desmond promised to go to England at Easter, and with this Fitzwilliam had to be content. Like Shane O’Neill, the Geraldine was willing to keep some order, provided he was not interfered with when he proposed to build a castle in Lord Roche’s country. Fitzwilliam could see only rebellious intentions, but the people probably preferred one tyrant to many, and the known shortcomings of Desmond to the fluctuating policy of Lords-Lieutenant and Lords Justices. Determined to show no politeness to Fitzwilliam, Desmond slipped away at last without his knowledge, and Ormonde went over about the same time. In spite of his professions of poverty, Desmond was accompanied by an immense retinue.⁴⁷

Fitzwilliam’s gloomy view of Ireland

Fitzwilliam took a very gloomy view of the country committed to his charge. He was, he said, a banished man wearing himself out among unkind people, a people most accursed, who lusted after every sin. Murder and incest were everyday matters, and a lying spirit brooded over all the land. It was difficult to make out any man’s pedigree or title; for heraldry was discountenanced, records destroyed or embezzled, and everyone greedy for the reputation conferred by rhymers, whose trade was to set forth ‘the most beastliest and odious parts of men’s doings and their own likewise, for whom the rhymes be made; such be cherished, defended, and rewarded with garments till they leave themselves naked, besides the best piece of plate in the house, and chiefest horse away with them, not altogether departing empty-handed when they come among the Earls and others the nobility of English race.’ The English Pale was, indeed, in a dreadful state, every one prophesying a total change of policy, and refusing to obey any law. Pirates infested the sea, blockading Cork and Kinsale, and even lying openly under Lambay, while the Queen’s ships were nowhere visible. Robbery and arson were commonly committed with impunity. Thus Richard Keating, whose family had for generations given their service as swordsmen to the Earls of Kildare, amassed great wealth by preying on the property of the English settlers in Wexford. No one exerted himself to make the Keatings disgorge their ill-gotten gains, fearing the vengeance of their great patron, and even Ormonde was unwilling to press them hard. ‘There be such with us,’ said Fitzwilliam, ‘as can serve two masters, and neither truly.’⁴⁸

The Irish lawyers. Jobbing

Most important families had friends in official circles, and among the lawyers the jobbing was frightful. Records were made away with or altered, so that of seven attainders affecting the Crown’s title to land, not one could be proved by documentary evidence. The judges were not above suspicion, and public justice had little chance against well-connected individuals. ‘There is,’ said the Lord Justice, ‘neither judge, counsellor-at-law, nor any gentleman who is not by blood or marriage very near linked together, and though I cannot accuse any for doing things contrary to their conscience or corruptly, yet have I seen such things pass, whether for kindred’s sake or neighbourhood I know not, but sure I am no man out of Ireland in the like case but would have made some stay for colour sake at least.’ Where private interests were to be forwarded, decisions were given with indecent haste, while Crown business was systematically delayed. Fitzwilliam saw and described abuses clearly, but he had too much experience of Ireland to dream of a speedy reform. He had come with sanguine expectations, but had learned that a man may wear to skin and bones without effecting anything. The English Government had aggravated the difficulty by sending over officials of small parts or credit, far inferior to those born in Ireland. ‘Let those sent hereafter,’ he said, ‘be as good as the best here,’ and let ‘every one that comes bid farewell to peace and quiet.’⁴⁹