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Sussex can obtain no decisive success

After a fortnight’s rest Sussex again took the field. Led by an O’Neill, his army crossed the Blackwater at Braintree, and penetrated to Clogher. Some cattle were taken, but the majority were driven off into Fermanagh, which was now quite under Shane’s control. Provisions were short, and the raid, for it was nothing more, was supported by the beasts taken. Tirlough Luineach and the unfortunate Maguire met the Lord-Lieutenant, but the former did not, and the latter could not offer any effectual help. A general hosting was ordered, but the overtaxed and desponding Pale scarcely answered the call. The summons was repeated, and the Earls of Ormonde, Desmond, Clanricarde, and Thomond, were directed to meet the Lord-Lieutenant at Dundalk on June 14. In the meantime Sussex collected a small force at Armagh, and advanced to Dungannon. Tirlough Luineach was sent for; but he had not been favourably impressed by his last interview, and he did not come. A few O’Neills and a few soldiers, including one English captain, were slain in skirmishes, some cows were captured, and many ponies ham-strung. Shane hovered in the neighbourhood and prepared a Caudine ambuscade for Sussex near Lough Neagh. The Lord-Lieutenant escaped by taking another road, and returned to Armagh to find that MacMahon’s hostages had flown. On the way back to Dundalk some plunder worth noting was taken, 3,000 kine and 1,600 stud mares belonging to the O’Neills, which had purposely been mixed up with the MacMahons’ property. MacMahon sent to ask for peace. His request was granted, and he was invited to attend the Lord-Lieutenant; but, like Tirlough Luineach, he declined to respond. Sussex returned to Drogheda, and on the same night Shane’s people plundered Henry O’Neill’s property close to Dundalk. Such was the usual, almost the inevitable end of these expeditions.⁶⁷

Negotiations

The preparations of Sussex for a new invasion of Tyrone led to nothing of importance. Negotiations were again tried, and Ormonde and Kildare were sent to argue the point with Shane. He agreed to a conference without listeners; there to make only such proposals as in matter and manner were worthy of a loving subject, and in sworn secrecy. The Earls offered not to divulge his statements, except to the Lord-Lieutenant and such of the Council as he should name. The desired conference took place, but Shane stiffly declared that he was not such a fool as to treat with the Scots without proper securities from the Government. He again demanded all that could be claimed by an O’Neill, and hinted to Ormonde that he had some understanding with the southern Geraldines, and that he might be worth conciliating.⁶⁸

Cusack makes a virtual surrender to Shane. Mortification of Sussex

While Shane was defying the State in Ireland, Sir Thomas Cusack was at Court advocating a conciliatory policy. In desperation the Queen sent him back with large treating powers. How much she felt the humiliation may be inferred from her thinking it necessary to apologise to Sussex. While sweetening the pill thus, she told him plainly that he had failed, that his failure had been a direct encouragement to the disaffected, and that he had confessed himself powerless to carry matters with a high hand. Under the circumstances there was nothing for it but to temporise. The mere form of a submission was the best that could be looked for. Cusack and Kildare accordingly met Shane, who descanted largely on his losses, on the attempts made to assassinate him, and on the persistent enmity of the Lord-Lieutenant towards him. He was, however, brought to consent to a treaty, by which he gained everything and yielded nothing. He was acknowledged as O’Neill, with all the powers ever exercised under that name. The Earldom of Tyrone was again dangled before his eyes, but the Queen said that for her own honour she could not go far into the matter until she had scrutinised the patents. With characteristic frugality she asked about the robes and collars sent to Sussex when he purposed to make O’Reilly and O’Donnell Earls, so that they might be available in case of a new creation. By the treaty concluded, Shane’s differences with Maguire and O’Reilly were reserved for Commissioners, but they were to have no power to enforce their award. Chiefs who had committed the crime of loyalty were abandoned, and Shane was released from all obligations to appear in person before the Viceroy. His former promises to the Queen were cancelled, and he was exonerated from all responsibility for the murder of the Baron of Dungannon’s son. Armagh Cathedral was to be restored to him, and he agreed to use it as became the Metropolitan Church of Ireland. Some trifling alterations were made in the treaty before ratification, but the surrender on the Queen’s part was complete. Sussex felt this bitterly, but put a good face on the matter, and wrote to Shane in a conciliatory tone.⁶⁹

Shane again desires an English wife. Lady F. Radclyffe for choice

Shane still professed much anxiety to live clearly after the English fashion. An English wife was the best means to that end, and of all eligible persons he preferred Lady Frances Radclyffe. In this he had probably no other design than to humiliate Sussex, but he suggested that the Queen should give Mellifont as a dowry. If her Majesty would not make a match, then he begged leave to seek a foreign alliance; but he greatly preferred an English woman – Lady Frances above all others – to increase his civil education, and to make his followers acknowledge their duties to the Queen. In any case he was determined to be good in future, to be the ‘plague of all rebels in those parts,’ and to do all more cheaply for his sovereign than she could do it for herself. Elizabeth prudently answered that the question of an English wife must be adjourned until Shane had proved his love of civilisation by deeds as well as words.⁷⁰

Attempt to poison Shane

Just before the peace or truce an attempt had been made to poison O’Neill in wine, of which he was accustomed to drink a great deal. He and his servant suffered from the dose; but no one died. It is not disputed that the guilty man was John Smythe, who appears to have been a foot soldier of Irish birth, one of a company in the Queen’s pay of which Ormonde had the command. O’Neill demanded redress, and the Queen, when she heard of the affair, wrote with becoming indignation and horror. If there was any difficulty about getting a fair trial in Ireland, the accused man was to be sent to London. Elizabeth declared her willingness to bear with much that was disorderly in Shane, and to trust him more for the future on account of this great provocation. Smythe was arrested and examined, but no punishment followed. Whether Sussex or other great men were implicated, or whether Ormonde wished to screen his man, will never now be known, and Shane was induced to forgive Smythe. The suave Cusack pointed out that he could not be hanged for a mere attempt, and O’Neill despised any other punishment. Cusack advised Cecil to let the thing blow over; and no doubt this suited the Queen, who could not have forgotten the Lord-Lieutenant’s plain-spoken letters in that other affair of Neil Gray.⁷¹

New Royal Commission on the Pale, 1563

Having pacified Ulster, or rather shut her eyes to its true state, Elizabeth turned her attention to the state of the Pale. The complaints of the Irish law students in London, of Parker, of Bermingham, and of Shane O’Neill himself, had been partially investigated by Arnold. Matthew King, Clerk of the Check, was found to have been very remiss, and declared that some of his gravest misdeeds had been done under direct orders from the Lord-Lieutenant. Nothing could much exceed the ill-feeling shown by Sussex to the party of inquiry, though he did not actually obstruct Arnold, who, on his return to London, made out a case too strong to be safely neglected. Parker and Bermingham were consulted again, and Arnold received a new commission. To make the investigation thorough, all members of the Irish Council who had no men in the Queen’s pay under them, and most of the principal gentlemen of the Pale, were put into the Commission. Sir Thomas Wrothe was associated with Arnold, and William Dixe, a professional auditor, was afterwards joined to them. Their instructions involved inquiry into almost all civil and military, and into some ecclesiastical affairs. The Queen notified her intention of establishing provincial presidencies, and suggested a plan for a University in Dublin, to be endowed out of the revenue of St. Patrick’s.⁷²

Cusack and Desmond

The indefatigable Cusack, whose great idea was the conciliation of Ireland by arrangements with the native nobility, was as anxious to obtain terms for Desmond as for Shane. The Earl was tired of his detention in England, where he was hard pressed for so moderate a sum as 4l. He agreed to be responsible for order in Munster, to see that the Queen got her feudal dues, and to pay her a tax of 4d. a year on every cow. He promised to put down the Brehon law, as well as the bards or rhymers who seem to have been thought still more important; ‘for that they do by their ditties and rhymes made to divers lords and gentlemen in Ireland, in the commendation and high praise of extortion, rebellion, rape, raven, and other injustice, encourage those lords and gentlemen rather to follow those vices than to leave them.’ For every shilling paid to these men, two were to be forfeited to the Queen, whose Commissioners were to have power to fine the rhymers at discretion.⁷³

Desmond and Ormonde

It is probable that neither Cusack’s intercession nor Desmond’s promises would have prevailed, had not the Earl’s enforced absence left Munster in confusion. A dispute about the title to Kilfeacle was one difficulty, and the legal question cannot have been very hard to decide. But Desmond may have distrusted the impartiality of lawyers rather than the justice of his cause, and he preferred the old way of deciding lawsuits. His brother John spoiled the Butlers, while Ormonde, who was forbidden to retaliate, poured forth his griefs to Sussex. With just pride he dilated upon the loyalty of his ancestors, who had always been able to defend themselves, and to take and keep the Desmond’s goods. His own services were not small, but for fear of disobeying orders he had to stand by, while he and his suffered more in two or three years than his forefathers had in two centuries. Towns were burned, women and children murdered, half Kilkenny and Tipperary lay waste. ‘All this spoil, I assure your lordship, doth not so much grieve me as that the Earl of Desmond with his evil doings is like to speed as well as I that with my service have deserved at least to be restored to my own.’ In trying to defend his property, Ormonde’s brother John had been dangerously, if not mortally wounded. The Earl was forced to see all this, and do nothing. ‘My lord, you see what I get by sufferance; my brother left as dead, and mine enemies living upon the spoil of my goods. My lord, who shall render my brother his life if he die? Shall I live and suffer all this? If I may not avenge my brother on these disobedient Geraldines, as you are a just governor lend your force against them, and let not my obedience be the cause of my destruction.’ He begged that in case of Desmond being sent back to Ireland, he might at least be detained in Dublin until restitution should be made, and the rebels delivered to Sussex to be ‘justified.’ Ormonde threw out the significant hint that, failing this, he would leave his estate to take care of itself, and go to the Queen, ‘like some other private men.’⁷⁴

Desmond is restored

Desmond’s head was in the lion’s mouth, and he professed loyalty, while doubting the capacity of the Munster chiefs for civil life. If he was expected to do anything he must have guns and gunners to take castles, and have the right to arrest malefactors in the corporate towns. The Queen was silent on these points, but urged Desmond to put down private war, ‘which hurts the innocent, to the great displeasure of Almighty God, and to our dishonour, whereof we pray you to have due regard.’ She ordered him to wait at Dublin for Cusack, whose help he had himself asked. ‘The Queen’s sword,’ she said, ‘shall touch the guilty, and no other shall be drawn.’ Brave words! but much belied by facts.⁷⁵

CHAPTER XXII.
1564 AND 1565

Difficulties of Wrothe and Arnold

The trouble which it cost Wrothe and Arnold to reach Ireland pretty accurately foreshadowed the trouble which awaited them there. After waiting a long time at Holyhead they at last ventured to sea, but were taken aback before they gained mid-Channel, and had to choose between scudding under bare poles towards Ulster, or returning to Wales. They chose the latter course, but failed to make the harbour. They lay for a time under the shelter of some rocks, and were glad to scramble ashore at three o’clock on a February morning, wet and sick, but safe. Nine days later they were more fortunate, and reached Dublin to find that Leix and Offaly were again in rebellion, and that the financial confusion had not been exaggerated. All captains, castellans, sheriffs, and municipal officers were at once called on to produce accounts. The inquiry into the musters was begun by demanding an accurate return of all changes and vacancies in the Lord-Lieutenant’s own company. Sussex said he was ready to obey the Queen in all things, but that this had never been required of any chief governor, and was, in fact, out of his power. The debts to the Crown were great, and many of them desperate. There was not one groat in the Treasury, and the 11,000l. which the Commissioners brought was quite inadequate. The Pale and the wild Irish were at daggers drawn, for the former clung to their own customs and bye-laws, and looked for the Queen’s protection in their attempts at self-government. The Church was in no better case than the State, but there was a pretty general wish to have St. Patrick’s turned into a University. The Commissioners recommended that the judges should put the Act of Uniformity generally in force, ‘not meddling with the simple multitude now at the first, but with one or two boasting mass men in every shire, that it may be seen that the punishment of such men is meant.’⁷⁶

Wrothe’s horror at the general corruption

It soon became clear that Wrothe was not exactly the fittest man for the work. He was anxious to do right, but very nervous about exceeding the letter of his commission, and from the first wishing to be recalled. He fell into a fever which he felt certain would be attributed to riotous living, and he assured Cecil that he seldom took more than one meal in twenty-four hours, which was not the way to preserve health. His sense of the general corruption made it hard for him to gain friends, though he was generally praised for his willingness to work hard. The whole rapacious pack of jobbers longed to be rid of him, for he was bent on even-handed justice, a scarce commodity, and not in demand with any party. The Queen was considered fair game for every robber. Arnold, a man cast in a much rougher mould, had little regard for his colleague’s feelings, and a coolness soon sprung up between them. On Sussex obtaining sick leave, the general government was entrusted to Arnold, and the new Lord Justice expected Wrothe to do the business of the Commission single-handed. He was willing enough to take routine work on himself, but declined to be responsible for any matter of moment unless Arnold was joined with him in it. ‘God deal with me,’ he wrote, ‘as I have meant to serve the Queen here. My mind is troubled and my conscience, for God’s sake help me… Our bowls here be so much biassed, and I have no skill but with upright bowls, and therefore unfit for this alley.’⁷⁷

Great abuses

After a partial examination of the public accounts, Auditor Dixe estimated that the Queen’s debts were between 30,000l. and 40,000l. The victualler and the officers engaged on fortifications gave in their accounts, but they were full of mistakes. The cessors of the Pale, who were very numerous and often very incompetent, were slow to produce their books. Captains of companies delivered muster-rolls from May 1560, when they had been fully paid off by the Lord-Lieutenant’s warrant, but declined to do so for the previous year on the ground that it was contrary to custom. In many cases the books were not forthcoming, but this was not unnatural in the case of officers who constantly changed their quarters, and who did not expect any further question to arise. The real fault was in the Government. We are accustomed to clock-work regularity, and can scarcely imagine the loose way in which things were done even much later than Elizabeth’s days. When Lord Shelburne joined Colonel Wolfe’s regiment, the future hero of Quebec told him that he must not draw his pay, but let it accumulate for the benefit of deserving officers. But it was not only in money accounts that Wrothe and Arnold found the army in Ireland defective. There was an old order that every captain should find pay for his Irish soldiers if he thought proper to have more than five in his company. As a matter of fact many companies were half Irish, and this had long been winked at. The captains were now told that the Queen wanted no Irish soldiers. Wild Irishmen could not be trusted, and tame Irishmen were necessarily a deduction from the strength of the Pale. It was not for the Queen’s interest that the rebels should know all the secrets of the service and all the art of war. Irish soldiers would take less pay than Englishmen, and it was therefore for the private interest of officers to enlist them. The captains pleaded the Lord-Lieutenant’s orders to make up their strength. Englishmen could not be had, and they threw themselves on the Queen’s mercy; they were ready to serve her while life lasted.⁷⁸

Harsh proceedings of Arnold

But Bermingham, who was Arnold’s principal adviser, understood the duties of the Commission differently. According to his view every officer, from the Lord-Lieutenant downwards, was to be visited with extreme penalties for every technical error. No allowance was to be made for men who were irregularly and not highly paid, and who had too often to make her Majesty’s bricks without straw. It was hard in Queen Elizabeth’s time – it is hard enough in Queen Victoria’s – to apportion the blame between the English Government and its servants in Ireland, but the irregularities themselves were scandalous enough. Even Bermingham had some doubts about the policy of employing anyone living in Ireland to inquire into matters personally affecting the Queen’s representative, but the Commissioners were peremptory, and he had to deliver a book of exceptions to the Lord-Lieutenant’s muster. A roll of his own, accompanying this document, contained 213 names, but of these twenty-five were holders of other offices, thirty were occasionally employed by other captains, and sixty-four were of Irish birth, though by rights all but eight should have been Englishmen. Of the Englishmen born ten were no soldiers, but at best retainers. A soldier’s pay was drawn in the name of the clerk of Christ Church, and still more strangely in the name of Adam Loftus, ‘primate and bishop of Armagh, almost these two years.’ Sussex could muster 155 men, but no more than forty-three were really fit for service, and of these twenty-eight were officers. Thomas Smythe, the apothecary, who probably kept drugs for poisoning as well as for healing, was borne on the strength, and so were butchers, carters, woodcutters, scullions, makers of arras, musicians, a mariner, an old fisherman, a blind man, and a dead man. Brian Fitzwilliam’s company should have mustered 200, exclusive of officers, whereas the rank and file in reality only numbered 128. Captain Fortescue’s followers were found to be nearly all Irish; they were disbanded, and as Fortescue declined to account, he was committed to prison.⁷⁹

Wrothe is recalled, 1564. Irregularities in the army. Proceedings against the officers

When the Commission had been at work for a year, Elizabeth found out that it was very slow and very expensive. She recalled Wrothe, much to his own delight, but to the despair of Dixe, who was left single-handed to cope with Arnold and Bermingham. Unrestrained by an English colleague, the Lord Justice now proceeded to extremities, a course in which he was encouraged by the local magnates joined with him in the Commission. The captains were required to enter into recognizances, binding themselves under penalties to give a detailed account of all they had received, and to make good deficiencies. The captains were willing to bind themselves to account for all the money or value which they could be proved to have received, and confessed that they had been negligent about the preservation of books, but refused to admit the evidence of private soldiers instead of documentary proofs. Any one who has had anything to do with paying troops will know that they were amply justified in the refusal. The Commissioners proceeded in the most arbitrary way, refusing to make any allowance for men employed as servants, and proposing to pay all according to the roll, and without the knowledge of the captains. All Irishmen above six in each company were to be peremptorily disallowed, without considering the explanations offered on this head. The Commissioners swore in twelve soldiers from each company, and encouraged them to say all they could against their captains; and having thus collected much hostile evidence, they refused copies to the officers concerned. Captain George Delves having declined to submit to the requirements of the Commissioners, though he offered to give all reasonable security, was sent to prison. Sir Henry Radclyffe, the Lord-Lieutenant’s brother, and Sir George Stanley, the Marshal, ‘seeing their staves to stand next the door,’ as they themselves expressed it, protested strongly against the ‘opening of matters, we do not say the forging of matters,’ to their prejudice. They significantly added that all the Commissioners were blood-relations to each other and to Bermingham. Auditor Dixe, who seems to have been really anxious to do right, heard the Lord Justice talk much of the ‘exactions, impositions, cessings, and cuttings,’ of Sussex and the captains, to the impoverishment of the Pale, and warned him that he would be considered partial if he did not report the same of the native nobility, who extorted twice as much. The auditor reminded Cecil that he was but one man against fourteen. The jobbing of family parties, as they have been called, has indeed been for centuries one of the chief difficulties of ministers who have been successively charged with the government of Ireland.⁸⁰

Arnold is too harsh and too zealous. Sir Henry Radclyffe’s case

Arnold imprisons the Lord-Lieutenant’s brother

Sir Henry Radclyffe, the most highly placed and best connected officer in Ireland, was summoned before Arnold to give fuller answers to Bermingham’s charges. He refused to go back to a period before the last general payment, but offered to wait on the Commission at any time after one hour’s notice, and begged that his soldiers might not be paid in his absence. Well might Radclyffe exclaim, ‘fiat justitia,’ when this common measure of justice was denied to him. Dixe was ordered to settle with Sir Henry’s company according to their own report. He obeyed; but took the precaution to have some of the Commissioners present, and declined to be bound by the results of such a monstrous order. It was hardly worth while to brand the character of the Queen’s officers, and to destroy the discipline of her troops for the sake of 10l., saved in the payment of a company of fifty. Radclyffe asked for a passport, and even offered to be tried by his own soldiers. Both requests were refused, and the Commissioners, who seem to have surrendered themselves to Bermingham’s guidance, declared that if fraud appeared on the face of the incriminating document drawn up by him, they would force Radclyffe to give the details which he had already refused. He was made to appear about 6,000l. in debt, nearly half of which was on account of Irishmen enlisted above the number officially allowed. The accused officer was then committed to prison, and Arnold, having undertaken to see his men paid, refused to settle the tradesmen’s bills for necessaries, alleging that all should fall on the captains. There may have been great negligence, but the Lord Justice did not venture to accuse Radclyffe of any false statement; and it must be admitted that, whatever his faults, he had managed to keep Leix and Offaly quiet. As much could not be said for Arnold, whom the English Council gently rebuked for taking such an extreme course with an officer of high rank, a Privy Councillor, and a man of family. There could be no objection to detaining him in Ireland if necessary, but he might have been left at liberty. Cecil and Leicester, after privately examining the voluminous and contradictory reports, declared themselves puzzled in some things, and advised Arnold to take a good many of the Irish Council into his confidence. They reminded him that Dixe, with whom he appeared unable to agree, was chosen for a man of honesty and ability. What Leicester and Cecil could not fully understand at the time, we shall hardly be able to clear up now. That Radclyffe had committed irregularities was not denied, that they were much smaller both in amount and in kind than Arnold supposed may be gathered from the fact that he was afterwards allowed to give a bond for 600l. to repay all moneys overpaid to him, if the balance should be against him at a final closing. Sir George Stanley gave a similar bond for 300l. Nicholas Heron, another captain whom Arnold treated with great rigour, was afterwards knighted, and died in the enjoyment of the Queen’s favour.⁸¹

‘Sir Thomas Cusack’s peaces.’ Shane in his glory

While Arnold was occupied in exposing, and perhaps exaggerating the defects of military administration, the optimist Cusack was trying to keep Shane O’Neill in good humour. ‘Sir Thomas Cusack’s peaces’ became a byword in official circles. The last was made on the basis of leaving Shane all the glories of the O’Neills until the Queen gave him his father’s title. He was not to be brought before the chief governor against his will, and the disputes between English and Irish in the North were to be referred to arbitration. The Queen had made up her mind to brook the fact of a great O’Neill; but she positively refused to confirm the articles exempting him from attending on the Viceroy, and referring all to arbitration. Shane then declared that he would have all or none; but he signed a temporary agreement for the pacification of the borders, and he appears to have kept it for a time. Cusack, who was never tired of singing Shane’s praises, wished to have the Great Seal affixed to the original treaty; but the Privy Council dared not mention it to Elizabeth, the alterations being deemed necessary for her honour. That saved, there was every desire to humour the tyrant of the North. Elizabeth said she thought she had yielded enough, but was willing to have Shane’s disputes with the Baron of Dungannon’s sons decided in the next Irish Parliament. Shane dared to claim Lady Frances Radclyffe as having been ‘appointed to him by the Queen’s Majesty,’ and the Privy Council were afraid to say more than that the question must be left till Sussex reached the Court. How Lady Frances would have fared as Shane’s wife may be inferred from the way in which he treated his mistress. The Countess of Argyle, the accomplished lady who had left her husband for his sake, was chained by day to a little boy, and only released when wanted to amuse her master’s drunken leisure.

Shane’s offers of service

Lord Robert Dudley, mindful of their old sport together, advised the chieftain to do some notable service, and thus deserve the royal favour. He answered that the Scots were rebels and traitors, who usurped the Queen’s lands and revenues in the North, and that he would drive them all out of Ireland for no greater reward than the pay of forty men. In other words, he would gladly have had the Queen’s help in adding the MacDonnell lands to his own.⁸²

Ill-treatment and torture of O’Donnell

Cusack’s anxiety to please Shane was so great that he had no feeling left for O’Donnell, whose fate might well have moved the hardest heart. Seven years before, he told the Queen, O’Neill when hard pressed by the Government had been glad enough to take refuge in Tyrconnel, to marry his daughter, to profess loyalty to the Queen, and to swear eternal friendship to his hospitable host. O’Donnell had been glad to hear his son-in-law talk so, and said that he would befriend him only as long as he was loyal. Then Shane had taken to intriguing with his clansmen, and probably, if we may judge by the sequel, with his father-in-law’s wife. After his treacherous capture O’Donnell was bound hand and foot, an iron collar round his neck being tightly chained to the gyves on his ankles. Night or day he could neither lie down nor stand up. ‘When he perceived,’ said the victim, ‘that I could not be undone after this manner, he thought to torment me after another manner, to the intent that he might have all my jewels, and so he caused the irons to be strained upon my legs and upon my hands so sore that the very blood ran down on every side of mine irons, insomuch that I did wish after death one thousand times.’ No Christian or Turk, he thought, had ever been treated worse, and besides his personal wrongs not less than 500 people of some condition, and at least 14,000 of the poor, had lost their lives through O’Neill’s cruelty. His son Con, whose cousins delivered him to Shane, had been induced by torture to promise the surrender of Lifford. The tribesmen refused to give it up, and Shane threatened to strike off his prisoner’s leg. While Con daily expected death, his tormentor blockaded Lifford with earthworks, and his cattle ate down the green corn for miles round. The castle was taken, and all Tyrconnel was then at Shane’s mercy.⁸³