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

Encouraged probably by the success of Shane O’Neill, Desmond behaved in London very much as he had behaved at Waterford. Being charged before the Council with openly defying the law in Ireland, he answered contumaciously, and when called to order refused to apologise. He was accordingly committed to the custody of the Lord Treasurer, on hearing which Fitzwilliam expressed an opinion that Desmond lacked both education and wit, and that the effect of bringing him to such senses as he had would be most beneficial in Ireland. ‘The news,’ he said, ‘made some not only to change colour, but greatly sigh, whose nature God amend, make them banish flattery, malice, and other misdeeds.’

The Queen wrote to Lady Desmond to complain of the Earl’s inordinate conduct, and to state her conviction that a little gentle imprisonment would do him good. Unheard-of favour had been ill requited; nevertheless, the royal patience was inexhaustible. No harm was intended to Desmond, and his wife was charged to keep order until his return. Between her son and her husband, the position of the countess was not pleasant. Fitzwilliam thought she did her best to hold the balance, and keep the peace between them; but her husband’s friends accused her of unduly favouring Ormonde, an imputation which she indignantly denied. ‘I always,’ she declared with a certain pathos, ‘wished them to be perfect friends, as two whom I love as myself.’ 52 52 Fitzwilliam to Cecil, June 19, 1562; the Queen to Lady Desmond, June 7, 1562; Joan, Dowager Countess of Ormonde and Countess of Desmond, to Cecil, July 22, 1563.

Sussex followed Shane O’Neill back to Ireland, taking with him his sister, Lady Frances, the dainty bait at which it was supposed that wary fish might rise. During his stay at Court he had taught the Queen to see Ireland partly with his eyes. About the desirability of abolishing illegal exactions there could of course be no difference of opinion; and Elizabeth was now further inclined to divide the country into presidencies, to persuade the principal chiefs to take estates of their lands and accept titles of honour, to hold a Parliament, and to establish a Star Chamber. On other points she was at issue with her Lord-Lieutenant. Thus Sussex wished to expel Shane O’Neill absolutely from Ulster, to divide Tyrone into three districts, to encourage and flatter the Scots as long as their help was wanted, and then, with a refined duplicity, to drive them out in their turn. Elizabeth was for making the best of Shane, alluring him, if possible, to keep his promises. The Presidency Courts when established were to administer both law and equity. Sussex wished to acknowledge what was good of the Brehon law, and by systematising it gradually to accustom Irishmen to written and settled forms. The Brehons he proposed to admit, not as arbitrators, but as counsel entitled to receive fees; and by empanelling juries to find the facts, he hoped in time to fuse the two systems together. It is much to be regretted that this really statesmanlike idea was not allowed to bear fruit. The difficulty of getting juries to find verdicts against the members of powerful factions was great in Elizabeth’s time, as it is now. Sussex proposed to meet it by freely changing the venue from one county to another, an obvious expedient which has only very lately and by a subterfuge been partially introduced. The constitutional pedantry of lawyers often stands in the way of justice, for the furtherance of which they are themselves supposed to exist. 53 53 Instructions to the Earl of Sussex, July 4, 1562; Report of the Earl of Sussex, 1562 (No. 236). Both in Carew .

The Queen’s evident readiness to hear the complaints of the Pale encouraged William Bermingham, who had his own ideas of reform, and who was in correspondence with the Irish law students. He went to London, and his representations perhaps decided Elizabeth to send over a Commissioner with authority and ability to discover the truth, and to report it fearlessly. The person selected was Sir Nicholas Arnold, Wyatt’s fellow-conspirator, a man of resolution and industry, who cared little for popularity, and who might be trusted to carry out his orders. Arnold was instructed to confer with Lord Baltinglass and three others as to the county of Kildare, with Lords Dunsany, Howth, and three others as to Meath and Louth, and with Talbot of Malahide and three others as to Dublin. Notwithstanding this success, Bermingham complained bitterly that he had been ill-treated and his advice slighted. If he had had full and favourable hearing he would have showed how the Queen might save 30,000 l. He was 45 l. out of pocket by his journey, and had gained little or nothing for the public. ‘I shall be the last of my country,’ he said, ‘that shall come hither again to complain or to declare anything for the Prince’s commodity, although the occasion be never so vehement.’ Anxious to get home for the harvest, Bermingham left London soon afterwards, overtook Arnold at Harlech, where he was waiting for shipping, and presented him with a long string of interrogatories proper, in his opinion, to be administered to the Queen’s subjects in Ireland. The insinuations were that martial law was grievous to the innocent, and no terror to evil-doers, that officers and soldiers oppressed the people, that false musters were habitually taken, and that the Queen was kept in ignorance of the real state of Ireland. There were many covert insinuations against Sussex; and Arnold, when he reached his destination, was thus forewarned against official statements, and perhaps slightly prejudiced against the officials themselves. 54 54 Instructions for Sir N. Arnold, July 7, 1562; W. Bermingham to Northampton, July 16; Arnold to Cecil, Aug. 13.

The payment of cess for maintaining soldiers was the most grievous of burdens. It was impossible to dispense with it altogether; but Sussex suggested that a more economical management of the Crown lands might furnish the means of lightening it considerably. The Queen acquiesced, suspended the granting of leases, and invited the Lord-Lieutenant to consult with his Council as to the redemption of those which were still unexpired. Commissioners were instructed to summon the landowners, and to inform them that the Queen was most anxious to lighten the cess; but that the monastic lands had been improvidently leased, and that she had therefore no sufficient revenue. If the country was inclined to buy out some of the lessees, their farms might be re-let at such a profit as to reduce the cess materially. The Commissioners, who were chosen from among the chief families, reported adversely to the scheme. The inhabitants of the Pale could not afford money for such a small and uncertain benefit. If they could be for ever relieved of all military burdens by letters patent, confirmed by Parliament, then they would make an effort, but for nothing less. This could not be done, and the matter dropped. 55 55 Instructions for Sir N. Arnold, July 7; W. Bermingham to Northampton and Cecil, July 16; Arnold to Cecil, August 13; Instructions for the Earl of Sussex, July 3, the original in Carew ; Sussex to Cecil, Aug. 23.

Back in Ireland, with the consciousness that he had gained a substantial victory, and that his most dangerous enemy was dead, Shane O’Neill was at first in high good humour; and he wrote courteously to the Lord Justice saying that the Queen had enough men to inhabit her land, and that his must go with himself. Fitzwilliam, who thought he had not learned much in England, was glad that he showed his hand so openly. Very soon the wording of the letters became warmer. Shane set up a claim to correspond in future directly with the Queen, and there were signs that he was already weary of well-doing, or rather of doing nothing. When Sussex landed he found that there was but little chance of the London articles being fully carried out. A meeting was appointed at Dundalk, and Sussex began to cast about for means to get Shane into his power by straining the language of the safe-conduct, which was nevertheless full and plain to every commonly candid understanding. The Dean of Armagh, the intriguing Terence Danyell, went to confer with Shane, and on his return dined with the Lord-Lieutenant. After dinner he talked freely, advising his host not to trust Shane, who would now be worse than ever, having rejected the advice of all his principal clansmen to attend Sussex at his landing. Shane complained with some reason of his treatment in England, said he went there to get and not to lose, demanded the withdrawal of the garrison from Armagh, threatened to take back his MacDonnell wife and make friends with the Scots once more, and nevertheless clamoured for the hand of Lady Frances Radclyffe. Dean Danyell thought Shane would not appear on the appointed day. Meanwhile, at least 20,000 head of cattle belonging to the O’Donnells were driven into Tyrone, and the O’Mores and O’Connors, the miserable remnant of two powerful clans, hung upon Shane’s words and waited for him to give the signal of revolt. 56 56 Fitzwilliam to Cecil, June 13 and 19, and Aug. 31, 1562; Sussex to Cecil, Aug. 1; Sussex to the Queen, Aug. 27, with the enclosures. The words of the safe-conduct are, to come and go, ‘absque ulla perturbatione sive molestatione nostra, sive alicujus subditi Dominæ nostræ Reginæ.’ Sussex reached Ireland on July 24.