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

Renewed preparations

Fitzwilliam was instructed to ask for an immediate aid of 200 men, and 3,000l. The men were ordered from Berwick, and 2,000l. of the money was sent. Transports were pressed upon the Lancashire coast, and the Queen wrote in her best style to encourage Sussex. His ill success, she was sure, had come from no want of goodwill, and the chances of war were to be borne patiently; but she marvelled that the General had not punished those who showed cowardice. Traitors and cowards were to be sent to gaol without favour or affection. The Queen impressed the value of patience upon Sussex, her own principle being rather to recover the subject by persuasion than force. She was willing to give Ormonde a reasonable sum for Shane’s expenses, leaving the question of security to Sussex. She would not withdraw the garrison, but would undertake that it should molest no one except notorious traitors proclaimed before last March. In the meantime Sussex was to prepare for war by discharging unserviceable men, and by withholding the pay of runaways. The Lord-Lieutenant was required to forget his private dislike to Kildare, and to work with him loyally for the good of the service.31

Sussex proposes to have Shane O’Neill killed

Stung by failure, and fearing to be outwitted after all, Sussex now devised a safer and surer method than either war or diplomacy. There had perhaps already been one attempt to stab O’Neill, which he attributed to Sussex; but we are not bound to believe this, for a chief who punished unsuccessful agents by torturing them and slitting their ears was not likely to gain much affection. Neill Gray now declared that he was ready to serve the Queen, if Sussex would write to her on his behalf. The nature of the service required was not such as could be publicly avowed, and Gray swore on the Bible to keep it secret, on pain of death, if it became known during the continuance of the Earl’s government. ‘For the benefit of his country and his own assurance,’ he agreed to do whatever Sussex wished, and ‘in fine I brake with him to kill Shane, and bound myself by my oath to see him have 100 marks of land by the year to him and his heirs for his reward. He seemed desirous to serve your Highness, and to have the land, but fearful to do it, doubting his own escape after. I told him the way how he might do it, and how to escape after with safety;’ and at last Gray promised to do it if he saw a prospect of security. Sussex assured the Queen that his accomplice might do it without danger if he chose, ‘and if he will not do what he may in your service, there will be done to him what others may. God send your Highness a good end.’ To hire a man to murder your enemy, and to determine to murder that hireling in the event of failure, are hardly matters deserving of divine favour, and it is deeply to be regretted that no letter is extant from Elizabeth expressing horror at the scheme. Such a letter may nevertheless have been written, for it would have been the interest of Sussex to destroy all evidence of the contemplated crime. On the same day that the Lord-Lieutenant attempted to make his sovereign an accessory before the fact, he informed her of the way in which he had received Shane’s matrimonial proposal. ‘I told him he should at his coming find my sister at the Court, and if I liked the other, I would further it as much as I could.’ The treachery of Judas was hardly more dramatically complete. It must not, however, be forgotten that Shane was a proclaimed traitor, and that the political morality of the day was very different from ours. Sussex may have thought he was doing little more than putting a price upon an outlaw’s head.32

General disaffection

Nothing came of the plot; but Neill Gray was too deeply implicated to venture on a double treason, and the Lord-Lieutenant’s secret was kept. But ‘slanderous bruits’ against him were rife on other accounts; for the feeling on the border was in Shane’s favour, and there was a general hesitation about putting him down effectually. It was said that Sussex would be superseded, and the date of his intended departure was named positively. The hundred tongues of rumour were busy in giving the sword to one man to-day and to another to-morrow. Everything was believed but the truth, and as a natural consequence orders were badly obeyed. Sussex urged strongly that the campaign must be prosecuted, or that everything must be left to Shane, who claimed jurisdiction over all inhabitants of the northern province, including those who held direct of the Queen, and had never been subject to any O’Neill. ‘So as we see, Ulster is the scope he challengeth,’ and if he once gained that there was no reason why he should not shoot even higher. Amid the general disaffection Sussex was afraid to carry out the Queen’s orders about punishing Wingfield and the other delinquents in the affair of July, when, as common report affirmed, the army was overthrown with small loss to Shane.33

Sussex again takes the field

With a heavy heart the Lord-Lieutenant led an unusually large force to Armagh. The magnitude of the effort may be estimated from the fact that four out of the five earls then in Ireland took part in the expedition, Thomond and Clanricarde being left to defend the principal camp, eight miles north of Dundalk. From Armagh Sussex made a rapid march across Slieve Gullion to the head of Glenconkein, a wild forest tract near the southern boundary of what is now the county of Londonderry. No resistance was offered, and 4,000 head of cattle, with many ponies and stud mares, were driven back, ‘so that they might see them who would otherwise have been hard of belief.’ Knowing by experience how hard it was to progress when thus encumbered, the Lord-Lieutenant ordered all the beasts to be slaughtered, except a few which were kept for provisions. All the country between Armagh and the mountains was destroyed, and the army then proceeded to Omagh, and thence to Lough Foyle, where Con O’Donnell and others were expected to appear, and where a victualling fleet was supposed to be in waiting. But the ill fortune which attended Sussex in Ireland did not desert him here. The ships, which had been forty days at sea, were not to be seen, and the Earl, having had the poor satisfaction of seeing Lough Foyle, returned to Newry with 500 cows which he picked up on the march. ‘Man,’ he said, ‘by his policy doth propose, and God at His will doth dispose.’ Con O’Donnell and Maguire, who were already well affected, had been sworn to continue so; but no general confederacy had been formed against Shane, and the impotence of the military administration had been demonstrated once more. Yet Sussex thought himself justified in saying that the credit of the army had been restored, though no enemy had been seen, because Shane had lost 5,000 cows, and had been forced to fly from wood to wood. The cunning chief was only waiting till the transient effort of civilisation was exhausted, and he soon attacked Meath, in fulfilment of his promise to Lord Slane. Some villages were burned, and Sir James Garland, a gentleman of importance who had ventured to stray from his armed company, was taken prisoner. A brother of Macmahon was with Shane, and we are told that 1,000 cows were taken from his tribe in revenge; but the result of all the operations was to prove that Sussex could neither conquer Ulster nor even defend the Pale.34

Kildare makes a truce with Shane

When Shane was returning practically victorious to Tyrone, Kildare brought a letter authorising him to treat and coax O’Neill to visit England. Fitzwilliam had already brought a conditional pardon. Sussex was ordered to co-operate cordially with the Earl, who lost no time in seeking a meeting with Shane. Accompanied by Lords Baltinglass, Slane, and Louth, he came to Carrickbradagh, the usual place of meeting; but Shane was in bad humour, and would listen to nothing. Next day he proved more amenable, and the conversation resulted in his making a written offer of terms, to which Kildare agreed with a readiness for which he was afterwards blamed. The arrangement was generally condemned in official circles, and was, with difficulty, accepted by the Lord-Lieutenant and Council. Yielding everything and suggesting nothing, it was said that Kildare had shown no regard for the Queen’s honour, taken no pains to fight her battle, and consented to abandon Armagh, for the retention of which he should have held out to the last. The Earl merely answered that the thing was done and could not be undone, and he had certainly full power to treat.35

Arrangement for Shane’s visit to England

It was agreed that Kildare and Ormonde should meet Shane, and remain in his company till he came to the Queen’s presence. His passport to go and return safely was to be signed by the five Irish Earls, who were to undertake for the safety of his dependents in his absence. Kildare in particular undertook that the soldiers of Armagh, upon whose immediate withdrawal Shane did not insist, should do no harm until after the appointed meeting. A sum of money was to be advanced by Ormonde and Kildare, and paid through the latter. No Irishman owing Shane allegiance was to be maintained against him, and if such a person drove his cattle into the Pale it was to be restored. In return he was to go to the Queen, giving the very hostages which had been before rejected, and to forbear taking vengeance on Maguire and others. Shane refused any alteration in these terms; what he had written he had written. It was retorted that ‘seeing he would put no more in writing than was in writing already, he should look for the performance of all things written and of nothing else.’ Shane’s own terms were granted, but there was little goodwill or sincerity on either side.36

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