CHAPTER XXIII.

1565.

[Sidenote: Desmond, Thomond, and Clanricarde.]

After his return from England, Desmond kept quiet for a time. The

indefatigable Cusack visited Waterford for the purpose of settling his

dispute with Ormonde, but had to leave his work unfinished so as to

proceed with the more pressing business of O'Neill. But Desmond's men

were not idle, for they were allowed to interfere in the affairs of

Thomond, taking part with Sir Donnell the tanist against the Earl. The

help of Clanricarde, whose interests inclined him to the side of the

latter, alone prevented him from being driven out of the country.

Clanricarde expressly says that Desmond himself crossed the Shannon, and

set on him by surprise, killing 30 men, and taking 800 cows, which helped

to pay the intruder's gallowglasses. They were indeed well paid, for they

received more than half the cattle of Thomond. There was some talk of

giving Clanricarde cannon to take the castle of Inchiquin, and Desmond

was straightly charged by Arnold to abstain from further interference.

Royal Commissioners, of whom Parker was one, visited Cork, and the

gentlemen of the county appeared, offering to hold their lands by knight

service, and to give security for good behaviour. Desmond described the

proceedings in glowing language, but did not recall his gallowglasses

from Thomond, whence the Earl continued to beg earnestly for help.

Ormonde was directed to give such help as he could spare from pursuing

the O'Mores, and Cusack, the general pacificator, again made his way to

the South, when it was agreed that Manus Oge O'Sheehy, with his 400

gallowglasses and 200 musketeers and horsemen, should be withdrawn, and

that those who ferried them over Shannon should be punished. Differences

were to be settled by arbitration, and all were to live happily ever

after. Thus, to borrow the contemptuous language of Sir George Stanley,

'did Sir Thomas Cusack conclude according to his accustomed manner a

fyckelede peace.'[88]

[Sidenote: Ormonde resolves to put down coyne and livery.]

Ormonde had been brought up in England. He was a personal favourite with

the Queen, and there can be no doubt that he was sincerely anxious to

live the life of a civilised nobleman rather than that of a barbarous

chief. Money rents, which he might spend at Court or at home in building

such houses as Carrick, had a greater attraction for him than the ancient

habit of eating up the country with turbulent soldiers and useless

horse-boys, three or four to every horse. Perhaps too he longed to boast

that, while an Earl of Desmond had been the first to bring in the curse

of coyne and livery upon Ireland, an Earl of Ormonde had been the first

to take it away. He accordingly issued a proclamation which throws much

light on the state of the country. Reciting his right to regal power and

jurisdiction in Tipperary, he confessed his obligation to see it properly

governed. War and disorder had hitherto forced him and his ancestors to

exact coyne and livery, necessarily showing a bad example to others who

had not the excuse of responsibility. He spoke of 'the poverty, misery,

and calamity whereunto the poor subjects be brought by the licentious

multitude of Irish rascals which be bred and maintained by the said coyne

and livery.' The Earl's officers could not do their duty, the Queen was

defrauded of her revenue, and it was therefore agreed 'by the consent and

assent of all the lords and gentlemen of the same county, that no coyne

or livery or Irish exactions should be thenceforth levied.' This

extended to the possessions of all the Butlers, of the Prendergasts, and

of the Archbishop of Cashel, north of the Suir, and within the bounds of

Tipperary. Proclamation was to be made in all market towns that severe

penalties would be incurred by levying the said exactions after August 1,

every one being licensed to resist by force. But there was danger lest

this godly victory over the horrible and devouring monster should leave

the country defenceless, and therefore a quarterly muster of the

able-bodied people was to be taken. Every landowner was to furnish a

certain fixed quota of horses, harness, and men ready for any sudden

emergency. It was hoped that the towns would then increase, and that

their inhabitants would supply no mean force. In case it was absolutely

necessary to bring strangers into the county, they were to be regularly

waged, the Earl being authorised by the freeholders to exact a fixed sum

of money for the purpose. Every strange soldier was to pay for all he had

at the rate of 2_d._ a meal for himself and 1_d._ for his boy, and

similar payments were to be made when it became necessary to move the

local militia. The lords and gentlemen of Tipperary subscribed this

treaty.[89]

[Sidenote: His reforms interrupted by threats from Desmond.]

Ormonde, however, was not able for this time to carry out his good

intentions. Desmond attacked his tenants, and he was forced to 'continue

one disorder to withstand another.' The cheerful views of Cusack, who

believed that he had really pacified Munster in a manner redounding to

his own and the Queen's honour, were soon woefully belied. The real

pacificator had been Lady Desmond, and her death at this juncture removed

the last restraint from her husband, and cured her son of his last

compunction. Sir Maurice Fitzgerald of the Decies, who lived at Dromana

on the Blackwater, and who was descended from the second son of the

seventh Earl, possessed part of the original Desmond estate, which he

claimed to hold of the Crown by feudal tenure. But Desmond preferred to

regard him as a subordinate Irish chief, liable to the payment of various

Irish dues and exactions. Sir Maurice, who was Ormonde's first cousin,

appealed to him for protection against distraint, and requested him to

take charge of his cattle until the storm had blown over. Desmond alleged

that distress had been taken time out of mind in the Decies, but Ormonde

held that it was part of the county of Waterford, and that all such

pretensions were therefore void in law. Having also good reason to

believe that an attack upon Tipperary was meditated, Ormonde led a force

to Clonmel, and encamped at Knocklofty, near the foot of the mountain

pass leading into Sir Maurice's country. In due course came a special

messenger to say that Desmond was already on his way, and Ormonde lost no

time in obeying the summons. With 100 horse and 300 or 400 foot, and

accompanied by his brothers Edmund, James, and Edward, he hastened across

the mountains, and found that Desmond was already collecting rents in the

familiar fashion of his House.[90]

[Sidenote: Desmond attacks the Decies. Ormonde goes to the rescue.]

From the preparations made, it can hardly be supposed that the Geraldine

chief had no design beyond the avowed one of making Sir Maurice pay his

dues. Some of the O'Connors, proclaimed traitors, were with him, and he

went to Clare to summon those O'Briens who were in the same case. The

White Knight came to Lismore with an armed party, and the Knight of

Kerry, with MacCarthy More, and O'Sullivan Beare were reported to have

come as far as Conna. The Earl himself was accompanied by his brother

Thomas, by John FitzEdmund, seneschal of Imokilly, a valiant man, who

afterwards gave much trouble, and by the White Knight's eldest son. His

force consisted of 80 or 100 horse, 300 or 400 foot, and several hundred

of the mixed camp followers and plunderers, comprehensively described as

'rascally.' Desmond was intriguing among such of the Butlers as were

inclined to oppose the head of their House. Sir Piers Butler, of Cahir,

who complained that he was oppressed by Ormonde, was with the White

Knight at Lismore, and Desmond, though his wife was only just buried,

already sought the hand of Lord Dunboyne's daughter. The marriage

eventually took place, and was not destined to bring good fortune to the

Geraldines.

[Sidenote: Attitude of Desmond.]

Desmond left Lismore with the first light of a winter's morning, and

marched to a place called Bewley, where there is now a bridge over the

Finisk, near the highest point to which the tide comes. He sent Lord

Power and one of his captains to demand Irish service from Sir Maurice,

who rode with them towards Desmond, and offered to abide by the order of

the Lord Justice and Council, or by the award of four lawyers, two to be

chosen by either side. He professed himself willing to do as his

ancestors had done. Desmond insisted that all should be left to the

decision of 'his own judge,' probably a Brehon, and in any case a partial

person. He prepared to encamp in the neighbourhood, killed sixty head of

cattle, and sent to Dungarvan for wine. Sir Maurice rode back, without

having met the Earl, and saw three houses on fire, one of them being that

in which the invader had rested during the forenoon. Sir Maurice and two

of his men then went to watch his progress from a neighbouring hill,

whence they espied Ormonde and his men coming down the opposite mountain.

[Sidenote: The fight at Affane. Desmond is taken prisoner.]

The Butlers rested on the hill side. Their horses were scattered about at

grass, and a countryman galloped off to Desmond, offering himself as

guide, and advising an immediate attack. Desmond inquired eagerly whether

my Lord of Ormonde were there himself, and on receiving an incorrect

answer in the negative, exclaimed, 'Let us go upon them, for they are but

young boys, and rascally, and we shall take them grazing their horses.'

Lord Power advised him not to meddle with the Butlers, who were perhaps

in superior force, but to retire to his house at Curraghmore, where they

could not harm him. Desmond's road to Youghal was also open, but he

preferred the middle course of returning to Lismore, where his

auxiliaries were, with whose help he might hope clearly to outnumber the

Ormondians, who refreshed themselves, and continued the even tenor of

their way southwards to the ford at Affane. The Geraldine foot went on in

advance, and no collision seems to have been at first intended, for they

passed Ormonde's main body at the cross roads; but as soon as their

leader saw his hated rival, he put spurs to his horse like Cyrus at

Cunaxa, and some of his men discharged their pieces. Ormonde seems to

have been still unwilling to fight, for he allowed the hostile foot to

recross him. Being actually charged, the Butlers stood on their defence,

and soon proved the wisdom of Lord Power's advice, for Sir Edmund Butler

broke Desmond's thigh with a pistol shot, and some 300 of his men fell.

Desmond afterwards said that many of his people tried to escape by

swimming the Blackwater, where they were intercepted by armed boats; and

he offered this as a proof that the fight resulted from a plot hatched

between Ormonde and Sir Maurice. But this was strenuously denied. The

wounded Earl was carried to Clonmel, and thence to Waterford, and his

adherents withdrew to their own homes.[91]

[Sidenote: The Queen's anger. The Earls are summoned to England.]

[Sidenote: Ormonde charges his rival with high treason.]

The battle or skirmish at Affane seems to have been the last on English

or Irish ground in which two noblemen without any commission made private

war upon each other. Sir Maurice Fitzgerald says that banners were

displayed on Desmond's side, and that Ormonde 'staying still at the

beginning of the conflict, did suddenly put up a thing of red silk upon a

staff.' It was probably intended as a rallying point for his men, but

Ormonde himself denied that a flag had been displayed. The Queen had

declared that no sword but hers should be drawn, and angrily summoned the

two Earls to her presence. Both letters are guarded in expression, but

that to Desmond is rather the more severe of the two. With the

consideration which she often showed to old and tried servants, she

wrote very graciously to Cusack, the failure of whose policy was now

apparent to all. 'He had done his best,' she said, 'but the enmity

between the two Earls was greater and deeplier rooted than could be

reformed by any but her own princely directions.' Arnold came to

Waterford soon after the arrival of Ormonde and his prisoner, and

interrogatories were administered to the persons principally concerned.

To do the legal business, the Lord Justice took with him Mr. Justice

Plunkett, who was married to Kildare's daughter, and thus, in the

language of the country, 'ajainte and follower to the garontynes.' Sir

George Stanley, Marshal of the Army, who had no reason to love Arnold,

declared that it was as much as he could do to prevent the Lord Justice

from prejudging the case in a sense unfavourable to Ormonde. Arnold began

by demanding the custody of the prisoner, as no doubt he had a right to

do; but he did it in such a way as to make it appear a slight to the

captor, who demanded an order in writing. At last he was promised a copy

of the entry in the Council Book, and he then brought Desmond himself.

'My Lord Justice,' he said, 'hither have I brought to you my Lord of

Desmond, according to your straight commandment given me, which in no way

I meant to disobey. And I deliver him unto you as the Queen's Majesty's

prisoner, being taken in the field by me with his banner displayed,

burning and spoiling the Queen's Majesty's good subjects within shire

ground, with sundry traitors in his company.' He then charged him with

high treason, and earnestly besought that he might be kept securely, and

not allowed to communicate with anyone till the Queen's pleasure should

be known. 'And seeing,' he continued, 'you have thus taken him from me,

if men's mouths be stopped, as I fear they will, and by means thereof

some part of his heinous treason come not to light, I trust therein I

shall be discharged to her Majesty.' The policy of isolating Desmond had

indeed been approved at the Council table, but Arnold nevertheless

allowed all men free access to him. The Council were inclined to have the

interrogatories administered to the two Earls answered by counsel, but

Stanley refused to agree to this on the technical ground that Desmond

was accused of treason. In law he was right, but morally wrong, and had

Arnold dealt the same measure to both sides, little could have been said

against him. But Ormonde was required to answer at once in his own

person, while Desmond was allowed several days, during which he had

answers drawn in writing by a lawyer. Stanley again objecting, the Lord

Justice told him that he was a wilful man, and affectioned to my Lord of

Ormonde. But Vice-Treasurer Fitzwilliam, who had some experience of

Desmond and his doings, took exactly the same view as Stanley. 'So good

an offer given of God, and so overthrown, I will not judge too far, hath

not lightly been seen, but 20,000_l._ will not buy out that which (if he

had been honourably kept, so it had been with restraint from common

speech) might have been had.' Arnold stayed seven weeks at Waterford

without much furthering the business, and Ormonde soon went to England.

Desmond, accompanied by MacCarthy More and O'Sullivan Beare, was sent

over in the custody of Captain Heron, who records that his distinguished

prisoner was very sea-sick. Arnold borrowed 200 marks to defray expenses,

but Heron, writing from Liverpool for orders, complained that he was not

furnished with money. The Earl's long halt at Chester may have been

caused less by sickness and fatigue than by a wish to hear the last news

from Ireland. The Queen wrote strongly to Lords Roche, Barrymore, Power,

and Dunboyne, urging them to maintain order during Desmond's absence, and

the amiable Cusack doubtless felt that under his skilful management all

would still go merry as a marriage bell.[92]

[Sidenote: Shane O'Neill attacks the Scots,]

After his exploit at Carlingford, Shane O'Neill lay quiet for a long

time, watching the Scots, to whom he had lately done much damage. These

hardy warriors were over confident. They neither took the trouble to

negotiate with Shane, nor abstained from saying that Englishmen had no

right to Ireland; boasting that they had already 70 miles out of the 120

between Coleraine and Dublin, and that they would soon have the rest.

[Sidenote: and gains a complete victory.]

After Easter Shane quietly collected a strong force at Edenduff Carrick,

or Shane's Castle, and having cut passes to secure a retreat, marched

rapidly by Broughshane and Clogh to the North. The warning fires went up

from the hills about Fair Head, and James MacDonnell, who was in Cantire,

came at once to the rescue. He landed at Cushendun only to find that his

castle on Red Bay was already burned and dismantled. Sorley Boy had

suffered severe loss while trying to stop O'Neill in the pass of

Knockboy, but he effected a junction with the new comers. Sorley had a

fortified residence at Ballycastle, on the north coast, and thither

Alexander Oge was expected to bring a strong reinforcement. The brothers

retreated towards Ballycastle, but for some unaccountable reason did not

occupy it. Perhaps it was held by a hostile garrison. Shane followed to

the castle, the islemen, who numbered about 1,000, lying in Glenshesk,

and having thus some advantage of rising ground. No help came, and very

early the next morning Shane made his attack. The O'Neills, who were more

than two to one, gained a complete victory. According to Shane and his

secretary, the Scots lost some 700 men, but other eye-witnesses reduce

the number by one half. James MacDonnell was dangerously wounded, and

taken prisoner. Sorley Boy was also taken, and a third brother, Angus,

was killed. Two chiefs of the Macleods, with many other men of note, fell

into the victor's hands.[93]

[Sidenote: Shane supreme in the North, 1565.]

On the following day Alexander Oge brought 900 men to Rathlin, but

returned to Scotland on hearing the bad news. Dunseverick and other

MacDonnell castles at once surrendered. Dunluce, which was nearly

impregnable by an Irish army, held out for three days; but the garrison

opened their gates when they heard that Sorley Boy had had no food during

that time, and that his gentle captor would give him none as long as the

place held out. Shane remained the unchallenged master of the North, and

had the satisfaction of bragging about the obligations under which he

had placed the Queen. His secretary, in a letter written some weeks

afterwards, said that O'Neill had exhorted his men before the battle to

be true to their Prince, that is, Queen Elizabeth; but Shane, who wrote

on the day of the fight, says nothing of this, and his worthy secretary's

correspondent was Sir Thomas Cusack, perhaps the only man living who

would have believed such a story.[94]

[Sidenote: Sidney advises the Queen to put him down.]

Cusack was much delighted at Shane's services against the Scots, and

continued to write in glowing terms of his good conformity. But others

could tell of his twice plundering Dundalk, and the Queen had already

decided in her own mind that Ireland could not be governed any longer by

accommodation, and had determined to send over Sir Henry Sidney, cheaply,

if possible, but if necessary, at any expense. Sidney's advice was plain.

Leix and Offaly must be pacified by a general pardon, followed by gentle

dealings, or else the people must be extirpated. The former would be the

easier course, the latter the more thorough. Munster might best be

managed by keeping the nobles at Court, and by appointing a President and

Council to rule it: 200 foot and 100 horse would be a sufficient force.

Thomond should be divided among as many men as possible, supreme military

command being given to the Earl. The Scots should have no grant of land,

which would only be a back door for the Queen's enemies. They might be

winked at until Government was strong enough to expel them thoroughly; in

the meantime all ports should be held, so that the fleet might cut off

access to the isles. As for Shane, he was a common robber, never to be

reformed unless by force; O'Donnell should be restored, and Newry,

Dundalk, and Carrickfergus made thoroughly defensible, with as little

noise as possible. Shane O'Neill knew that he could neither hoodwink

Sidney nor hope to defeat him openly, and he began a new correspondence

with Scotland. He refused to give up his prisoners to their Queen or to

the Earl of Argyle, until he knew the will of his own Queen; and in the

meantime he talked about enormous ransoms. Secretary Fleming says James

MacDonnell offered O'Neill all his property in Ireland and Scotland for

bare liberty, but that Shane declined on the ground that he was the

Queen's officer, and that the quarrel was none of his. Treated with

cruelty or neglect, MacDonnell died of his wounds, and Shane, who

retained Sorley Boy by his side, soon began to talk about marrying the

widow, Lady Agnes Campbell. So matters rested; while Sidney, among bitter

recriminations, was forging a sword for his old gossip's destruction.[95]

[Sidenote: Desmond and Ormonde.]

The war of the two great Houses did not end with Ormonde's victory at

Affane, but was carried on vigorously in London. Ormonde hated Leicester,

and it is easy to see that there was a certain difference of opinion,

corresponding in some degree to the Butler and Geraldine factions,

between the parties of Sussex and Leicester, both in England and Ireland.

Sussex, being interrogated, stated of his own knowledge that Desmond had

harboured proclaimed traitors whom he refused to surrender, while Ormonde

was always ready to obey the Government in such matters. Desmond had

maintained the rebels in Thomond, and about this there could be no doubt.

Sussex showed by records that Sir Maurice Fitzgerald's lands were in the

county of Waterford, and that Desmond had no legal right there. Desmond,

in short, had been a disobedient subject, and an oppressor of his

neighbours, both Anglo-Norman and Celtic. Desmond kept Sussex waiting

three weeks at Waterford, and refused to come to Dublin at all, though an

ample escort was offered him; while Ormonde was always ready to obey the

summons of the Government and Council. Sir Henry Radclyffe and Francis

Agarde, both of whom had good opportunities of judging, spoke to the same

effect.[96]

[Sidenote: Sidney inclines to favour Desmond,]

Sidney preferred to dwell on the services of the late Earl of Desmond.

The present man had never refused to come to him, and had come readily

even to Drogheda, 'a place to him and all his county most odious for that

his great grandfather upon a like letter sent from a governor was there

put to death as they constantly affirm.' Desmond had offered to stand or

fall in his suits on trial either by the common law or by the Governor

and Council; and if Sidney had stayed in Ireland he would have been taken

at his word. As to Ormonde, Sidney 'never saw a more willing man to serve

the Queen, and during the time of my being there he went in more journeys

and saved more to his charge than any man of Ireland birth.' As to

Desmond's rights in the county of Waterford Sidney expressed himself very

cautiously, merely noting that several Earls of Desmond had claimed

supremacy over the Decies, and had levied grievous distresses there.[97]

[Sidenote: and maintains this position against Sussex.]

Six weeks later, the controversy having waxed hot in the meantime, Sidney

was more decidedly favourable to Desmond. The Earl's entry into the

Decies was indeed not justified by law, but still less was Ormonde's

interference justifiable. Both deserved punishment for unlawful assembly,

but Desmond's should be the lighter, for that he had better colour of

distress than Ormonde of rescue. Desmond had but followed the custom of

his ancestors up to the time of the fight, and whoever made the first

onset should be answerable for the slaughter. Both Earls should be made

to contribute to the support of a Presidency intended to bridle both, and

in future to obey, and to make others obey, as if they lived within the

Pale. Both should be bound in great sums to stand to the decision of the

Governor, Chancellor, and three Chief Justices as to the lands in dispute

between them. Sussex, who fortified his argument by many references to

Acts of Parliament, urged that Desmond had committed treason by his

invasion of Waterford, and that Ormonde in resisting him had done no

more, or at least very little more, than became a loyal subject of the

Queen.[98] But these statutes were confessedly obsolete, and the Crown

had winked at similar irregularities too long and too often to insist on

rigid adherence to written law.

[Sidenote: The two Earls submit.]

Desmond submitted to the Queen to abide her judgment concerning the many

treasons, murders, burnings, and other such things objected to him by the

Privy Council since he last received pardon. Ormonde did the same,

protesting his peaceable intention in entering the Decies. Both Earls

entered into recognizances in 20,000_l._ to abide such orders as her

Majesty might prescribe. With a view of bridling Desmond, MacCarthy More

was created Earl of Clancare, and Sir Owen O'Sullivan received a grant of

his country subject to such rents and services as the new-made Earl could

prove himself entitled to.[99]

[Sidenote: Sidney will not go to Ireland unless his demands are granted.]

The general voice both of England and Ireland pointed to Sidney as the

fittest man to govern. But he knew well that he was more likely to lose a

great reputation than to gain fresh laurels, and he determined not to go

unless treated fairly. He declined to be responsible for any debts

contracted by his predecessors, and required a clear balance-sheet to

start with. Stores must be put in decent order, and at least 200 horse

and 500 foot given him over and above the usual establishment. Every

captain should have the pay of eight dead men borne on the books, so as

to enable him to reward deserving soldiers. It was desirable that St.

Patrick's should be turned into a military hospital. Dublin Castle,

Kilmainham, Leighlin Bridge, and Carlow must be put in repair. The Great

Seal should be given to a good English lawyer, and Archbishop Curwen

should be suitably provided for in England.[100]

[Sidenote: Some of his conditions.]

By serving the Queen Sidney complained that he was 3,000_l._ poorer. His

plate and his wife's jewels were in pawn. To secure him from further

impoverishment he asked for an ample commission, to be continued Lord

President of Wales for life or during good behaviour, and to have the

right of going to the Queen at all times without license. The privilege

of making steel, and the right to export 6,000 coarse-dressed cloths and

corn for his own household, were the other means by which he proposed to

stave off financial ruin. 'If you will not grant these things,' he said

to the Queen, 'give me leave to serve you anywhere except in Ireland, or

to live private shall be more joyous to me than all the rest and to go

thither.'[101]

[Sidenote: The terms actually granted.]

Sidney's demands were only partially granted. He was allowed to retain

the presidency of Wales. His salary was the same as his predecessors. He

had license to export provisions for his household, but nothing was said

about the coarse-dressed cloths. Some of the ruined castles were to be

restored, Kilmainham at the expense of the lessees, Dublin and

Carrickfergus at that of the Government. The military force was not to be

increased, and Sidney was expected to heal the distracted land with 882

soldiers and 300 kerne. It was even supposed that he could put down

piracy, for though the Queen was willing to lend a ship and a pinnace,

she refused to give a single sailor, and coolly told her representative

that he might man them out of his ordinary garrison. The captains were

allowed six 'dead pays' instead of the eight which were asked for. All

ecclesiastical patronage was vested in the new Governor, except

archbishoprics and bishoprics, and he had the appointment of all civil

officers except the Chancellor, the Treasurer, the sub-Treasurer, the

Chief Justice of the Queen's Bench, the Chief Baron, and the Master of

the Rolls. The powers given to Sidney were almost identical with those

which Sussex had enjoyed. It was at first intended to give him the title

of Lord-Lieutenant also, but either because his importunities annoyed the

Queen, or to lessen the mortification which the Earl may be supposed to

have felt, Sidney was obliged to be content with the lower title of Lord

Deputy.[102]

[Sidenote: Sidney's instructions.]

Sidney received minute instructions as to the principles on which he was

to conduct the Government. He was to make close inquiry as to the best

available means for establishing the 'Christian religion' among the

people, and St. Patrick's was to be at once surveyed, with a view to

founding a college. The judicial bench was to be purged of partial men;

and if necessary, lawyers with increased stipends would be sent from

England. The jurisdiction of the courts was to be extended as much as

possible in the Irish districts. Sheriffs were to be regularly appointed

for Leix, Offaly, and for what is now the county of Wicklow. The Celtic

countries between the Shannon and the Pale were, if possible, to be

joined to Meath, or to the King's and Queen's Counties. Besides the five

shires of the Pale, Carlow, Wexford, Kilkenny, Waterford, Tipperary,

Cork, Kerry, and Limerick were, as a matter of course, to be considered

under the law; and Desmond and Ormonde were to protect sheriffs and

coroners in the execution of their duties. A Presidency would be

established for Munster, and perhaps another for Connaught; and in the

meantime every means was to be taken to substitute English manners for

Irish customs, fixed payments for arbitrary exactions, and estates of

inheritance for tribal chiefries. Many existing statutes were unknown,

because they had never been printed, and Sidney was directed to send

exemplifications of such as appeared fit to be published and

observed.[103]

[Sidenote: Revenue.]

The finances were to be reformed, if possible, without further charge to

the Queen, and with greater ease to the subject, an impossible task,

which Sidney well knew that he could never perform. Many of the rules

laid down were, however, very good, and it was clearly seen that much of

the financial confusion arose from private jobbing, and from a faulty

system of public accounts. What Elizabeth would not as yet see was that

the first and greatest irregularity consisted in leaving soldiers unpaid,

and in fixing salaries at rates which would not support the incumbents.

In order to keep the reforming spirit alive, the Lord Deputy and Council

were ordered to read their instructions over every three months, and to

report progress to the Queen. 'How strange a thing it may seem to be,'

says her Majesty in Council, 'that such a realm as that is, where no just

cause is to fear invasion of any other prince, where any person dwelling

in that land has never directly or indirectly denied the sovereignty of

that Crown to belong to the Crown of England, yet nevertheless to remain

so chargeable to the Crown of England for the governance thereof only,

and the revenues thereof to be so mean as the like burden and charge is

not found in any place of Christendom, where commonly though the

countries be subject to titles of other princes, or full of rebellions

even for the sovereignties, yet the same do contribute sufficiently to

the charge for their own government.'[104]

[Sidenote: Private instructions.]

Besides the public instructions, Sidney received others for his own use

only. Elizabeth had evidently still some hope of Shane, and desired to

temporise with him, and with the Scots; in the meantime extending the

rule of Carrickfergus as far as possible, and perhaps fortifying

Carlingford and other coast towns. Shane's claims were to be strictly

scrutinised in Parliament, and Sidney was to confer personally with him,

and to give him a safe-conduct if he demanded it. If still undutiful, he

was to be left to his fate, which could not but overtake him at

last.[105]

[Sidenote: Treatment of certain Irishmen. Sir John of Desmond to be

security for his brother.]

O'Donnell was to go back to Ireland, to be supported by the Government in

Dublin, and restored, if possible, by policy and not by war. Yet war

would be preferred to Shane's holding Tyrconnel. The O'Reillys were to be

persuaded into holding their lands of the Crown, and into making their

country as obedient to law as those of Desmond and Ormonde were supposed

to be, but were not. Sir John of Desmond was to be sent to England as a

sort of hostage for his brother's performance of promises lately

made.[106]

[Sidenote: The Queen writes a private letter to Sidney.]

Even more interesting than these private instructions is a letter which

Elizabeth herself wrote to Sidney. It is in her usual involved style, and

must be read over and over before it yields its full meaning. The Queen's

chief object seems to have been to make Sidney take a view favourable to

Ormonde in his controversy with Desmond. Too many, she said, were partial

to the latter. 'If I did not see the balances held awry, I had never

myself come into the weighhouse.' 'Make some difference,' she said,

'between tried, just, and false friends. Let the good service of well

deservers be never rewarded with loss. Let their thank be such as may

encourage more strivers for the like. Suffer not that Desmond's "denyinge

dedes," far wide from promised work, make you trust to other pledge than

either himself or John for gage; he hath so well performed his English

vows, that I warn you trust him no longer than you see one of them.

Prometheus let me be, and Prometheus hath been mine too long ... then are

we ever knitting a knot never tied, yea, and if our web be framed with

rotten hurdles, when our loom is well-nigh done, our work is new to

begin.... Let this memorial be only committed to Vulcan's base keeping

without any longer abode than the leisure of the reading thereof, yea,

and with no mention made thereof to any other wight. I charge you as I

may command you. Seem not to have had but secretaries' letters from me.'

The letter nevertheless was kept safely at Penshurst, where Arthur

Collins found it in the reign of George II.[107]

[Sidenote: Arnold's policy not successful.]

Like many who have tried their hands at the Irish problem, Sir Nicholas

Arnold began with great professions, and after much disturbing men's

minds showed that he was no cleverer than those who had gone before him.

Great as his failure had been in dealing with Shane, Sussex had at least

kept tolerable order in the districts which paid some regard to law.

Arnold was accused of caring little whether there was war or peace. His

harsh treatment of the O'Connors has been already noticed, and the

O'Reillys were handled in much the same way. They had plundered on the

border of the Pale, and Shane O'Neill, anxious to assert his power,

offered to compel restitution. Arnold preferred to make Kildare the

instrument of punishment. A parley was first held, and promise of

restitution made by old Malachias O'Reilly and his sons, Hugh and Edmund.

Cahir O'Reilly, the chief offender, was to be punished. It soon appeared

that Cahir was out of reach in Shane's country, and that some of the

hostages demanded were also there. The camp was the scene of much

confusion, Kildare's men threatening and even throwing stones at Sir

George Stanley, the Marshal, and raising the ominous cries of 'Cromaboo!'

and 'Down with the English churls!' The Earl with difficulty pacified his

men, but Arnold, who all along showed the most extraordinary subservience

to Kildare, and was on the worst terms with Stanley, declined to notice

the outrage.[108]

[Sidenote: The O'Reillys.]

A remarkable conversation took place between Arnold and Hugh O'Reilly,

whom he urged to take the government of the country on himself. Hugh

answered that O'Donnell was evil spoken of for assuming the government

while his father lived, and that he saw not those punished who killed the

Queen's subjects. Shane O'Neill murdered his father, and procured the

murder of his brother, who was five times as valuable to the Crown as any

O'Reilly could be. The politicians of the Pale would maintain his half

brother against him, and perhaps seek his life. If O'Neill ceased to

protect Cahir, 'then,' said Hugh, 'I say for O'Reilly, your prisoner, and

for his eldest son, if any of them receive men or meat from O'Reilly's

country, I will die but they shall be delivered to your governor, or all

their hurts past be paid for presently.' He was quite willing to give

hostages, but not to undertake to give those beyond his reach. According

to Fitzwilliam Hugh meant well, and in any case the original aggressor

was not Cahir O'Reilly but Kildare himself. Any damage done to the Pale

had been more than paid for already. 'Arnold,' he said, 'means well, but

Ireland, in my opinion, though it be brute and rude, is not known to

every man for a year or two's trial.'[109]

[Sidenote: Mistakes of Arnold.]

No doubt Arnold had a hard task, but it is clear that he was not the man

to make it easier. The Queen's best officers in Ireland were slighted

daily. The Lord Justice treated Archbishop Loftus with marked rudeness at

the Council Board. The Irish service had so completely bewitched him that

no Englishman could look for favour. Everything was hoped for from Shane,

whom he praised continually to the Queen, though obliged to remind

O'Neill himself that his deeds were not so very laudable. Seeing that the

men who opposed him favoured Ormonde, Arnold was in all things partial to

Kildare, and to the Geraldine party generally. The irregularities which

he found in every branch of the public service were really matters of

long standing, hardly to be visited on individuals, and largely the fault

of the Home Government. Arnold insinuated many things against

Vice-Treasurer Fitzwilliam; but when Fitzwilliam's accounts were produced

they were found to be quite correct. Stanley was recalled less because of

Arnold's accusations than because he was disliked by Sidney, and the

Queen particularly stated that she did not despise the Marshal's service,

nor credit the reports against him. The difficulty of finding out the

exact truth was no doubt very great. Even Cecil was not always well

served, for portions of a letter addressed by Fitzwilliam to him were

copied out, and transmitted to Arnold. Excuses may be made for a man who

with good intentions had raised a hornet's nest about his ears; but he

was evidently quarrelsome, arbitrary, credulous, and deficient in

personal dignity, a quality which probably carries as much weight in

Ireland as in any country in the world.[110]

FOOTNOTES:

[88] Cusack to the Privy Council, June 8, 1564; Clanricarde to the Queen,

April 12, 1565; Lord Justice and Council to Desmond, July 1, 1564; to

Thomond, July 2; Desmond to Winchester, July 26; to Cecil, July 27;

Wrothe to Lord R. Dudley, Aug. 16; Orders taken by Sir Thomas Cusack and

others between the Earls of Desmond and Thomond; Desmond, Dunboyne,

Curraghmore, and others to Cusack, Sept. 11. Stanley's letter is in the

_Arch. Journal of Ireland_, 3rd series, i. 405; _Four Masters_, 1564, who

say Corcomroe Abbey, with its church patronage, was given to Donnell

O'Brien as an equivalent for surrendering his claims by tanistry.

[89] Earl of Ormonde's proclamation, July 1, 1564. The copy in the R.O.

is by Sir T. Wrothe's clerk, and the signatures are not given.

[90] Ormonde to Cecil, Nov. 22, 1564; Cusack to same, Jan. 12, 1565;

Desmond's petition to the Queen, June 1, 1565 (No. 53), and Ormonde's

answer, June 6.

[91] The official correspondence about this affray is among the S.P.,

_Ireland_, Eliz., vol. xii. It is printed in the _Irish Arch. Journal_,

3rd series, i. 394. Russell, the _Four Masters_, O'Daly, and O'Sullivan

Beare all say Desmond was outnumbered, and Ormonde treacherous. I see no

reason to believe either statement. Desmond's own account is certainly

incorrect. Lord Power's is unfortunately missing. The best is Sir George

Stanley's, who took the trouble to visit the place, and to make a sketch

or plan; he is perhaps rather partial to Ormonde. The 'ford' of Affane

was perhaps that over the tributary river Finisk. I have inspected the

ground carefully. The Blackwater itself is mentioned by Desmond as being

passable only by swimming or in boats. It is, on the other hand,

generally believed that the ford in question was over the great river,

and arms and spurs have been found near the bank. The Finisk, however,

was on Ormonde's direct road to Dromana, and the Blackwater was not.

[92] Sir George Stanley and Sir W. Fitzwilliam to Cecil, April 3, 1565;

Cusack to same, April 22; Lord Justice and Council to the Privy Council,

April 23; Captain Nicholas Heron to the same, April 27.

[93] Fitzwilliam to Cecil, May 17, 1565. The fight was on May 2.

[94] Shane O'Neill to the Lord Justice, May 2; Gerot Fleming to Cusack,

June (No. 82).

[95] Fitzwilliam to Cecil, June 8, July 13, and Aug. 23; Gerot Fleming to

Cusack, already cited. Sir Henry Sidney's articles for Ireland, May 20,

1565.

[96] Answers of Sir H. Radclyffe, F. Agarde, and the Earl of Sussex, Aug.

8, 1565. Fitzwilliam and Stanley generally supported Sussex. Arnold,

Cusack, and Sidney inclined to Leicester's side.

[97] Answer of Sir H. Sidney, Aug. 8, 1565.

[98] Sir H. Sidney's simple opinion, Sept. 16, 1565; Opinion of the Earl

of Sussex, Sept. 22. The twenty-seventh clause of the Statute of Kilkenny

seems to the point:--'Item ordonne est que si debate soit entre Englois

et Englois par quoi les Englois dune parte et daultre ceillent a eux

Englois et Irrois en pais illeque a demourer pour guerre et greves aultre

a grande domage al destruction de liege pouple du Roy, Accorde est et

assentu que nule Englois soit si hardide mener guerre entre autre damener

nuls Englois ny Irrois en paix desormais par telle a chescun, et si les

faict et de ces soit atteint soit jugement de vie et de membres leur

terres forfaitz.'

[99] Submission of Desmond, Sept. 12, 1565, and of Ormonde, Sept. 24.

Both recognizances are dated at Westminster, Nov. 22.

[100] Curwen became Bishop of Oxford as Sidney advised.

[101] Sir H. Sidney's suits, May 20, 1565.

[102] The Commission, dated Oct. 13, is in _Sidney Papers_, p. 86. Even

the last draft of the instructions, dated Oct. 5, has the higher title,

for which Lord Deputy was substituted on revision.

[103] Instructions for Sir H. Sidney.

[104] Instructions for Sir H. Sidney, Oct. 5, 1565.

[105] The Queen to Lord Deputy Sidney, Nov. 12, 1565.

[106] Instructions for Sir H. Sidney, Oct. 5, 1565.

[107] _Sidney Papers_, vol. i. p. 7.

[108] Shane O'Neill to the Lord Justice and Council, June 30, 1565;

Fitzwilliam to Cecil, Aug. 23.

[109] Fitzwilliam to Cecil, Aug. 23, 1565.

[110] In his 'articles,' Dec. 2, 1565, Oliver Sutton accuses Arnold of

frequenting low haunts. Writing to Shane, Aug. 27, Arnold says, 'facta

tua non quadrant cum meis laudibus' Yet Fitzwilliam says the Council were

not allowed to write the truth about Shane's doings (to Cecil, Nov. 28).

The Queen to Sir George Stanley, Oct. 23.

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