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
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
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
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.
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 20,000l. 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
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
By serving the Queen Sidney complained that he was 3,000l. 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
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
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.
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.
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.
Answer of Sir H. Sidney, Aug. 8, 1565.
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.’
Submission of Desmond, Sept. 12, 1565, and of Ormonde, Sept. 24. Both recognizances are dated at Westminster, Nov. 22.
Curwen became Bishop of Oxford as Sidney advised.
Sir H. Sidney’s suits, May 20, 1565.
The Commission, dated Oct. 13, is in
