On receiving his patent as Lord Justice, Fitzwilliam was able to say that Shane’s departure had made an instantaneous peace. Ormonde had shown extraordinary obedience and forbearance, or his rival’s wilfulness and pride would have made great work. The usual causes of disturbance were still present, and the vacillation of the English Government confirmed the evil disposition of a people who, in Sir H. Radclyffe’s opinion, were naturally ‘addicted to sedition, desirous of alteration, contented with nothing but will and liberty.’ Desmond was at war with all the gentlemen of the West, and they with him. The outlaws maintained by him burned towns and carried all their plunder into his country, where there was no danger of rescue. Ormonde had been ready to accompany Shane O’Neill to England, but the Queen had ordered him to wait for Desmond, lest he might leave his country exposed. The Geraldine Earl urged as a reason for staying at home that he was at war with his uncle Maurice, who bore the significant title of ‘na totane,’ or the incendiary, and whose propensities age had not tamed. The pretext was taken away by Thomas Fitzmaurice, who went to England and promised for himself and for his father to keep the peace during Desmond’s absence. The Earl was reported to have said that he would never be in England at the same time with Kildare and O’Neill, the inference being that they had all an interest in disorder. Summoned by a letter from the Queen herself, Desmond did not answer for nearly a month, and then put in mere dilatory pleas, while he burned villages and robbed Ormonde’s people of 500l. collected for his expenses in England. The two Earls met Fitzwilliam at Waterford, and Desmond dared the Lord Justice to interfere with the pirates who infested the Blackwater. He promised, however, that they should do no harm, and the Corporations of Cork, Kinsale, and Youghal declared that he was their only defence. The Lord Deputy and Council, said the Kinsale people, were so far off that they would rather lose their rights than hazard their lives to maintain them, and they made this their excuse for addressing the Queen directly. Desmond promised to go to England at Easter, and with this Fitzwilliam had to be content. Like Shane O’Neill, the Geraldine was willing to keep some order, provided he was not interfered with when he proposed to build a castle in Lord Roche’s country. Fitzwilliam could see only rebellious intentions, but the people probably preferred one tyrant to many, and the known shortcomings of Desmond to the fluctuating policy of Lords-Lieutenant and Lords Justices. Determined to show no politeness to Fitzwilliam, Desmond slipped away at last without his knowledge, and Ormonde went over about the same time. In spite of his professions of poverty, Desmond was accompanied by an immense retinue.47
Fitzwilliam took a very gloomy view of the country committed to his charge. He was, he said, a banished man wearing himself out among unkind people, a people most accursed, who lusted after every sin. Murder and incest were everyday matters, and a lying spirit brooded over all the land. It was difficult to make out any man’s pedigree or title; for heraldry was discountenanced, records destroyed or embezzled, and everyone greedy for the reputation conferred by rhymers, whose trade was to set forth ‘the most beastliest and odious parts of men’s doings and their own likewise, for whom the rhymes be made; such be cherished, defended, and rewarded with garments till they leave themselves naked, besides the best piece of plate in the house, and chiefest horse away with them, not altogether departing empty-handed when they come among the Earls and others the nobility of English race.’ The English Pale was, indeed, in a dreadful state, every one prophesying a total change of policy, and refusing to obey any law. Pirates infested the sea, blockading Cork and Kinsale, and even lying openly under Lambay, while the Queen’s ships were nowhere visible. Robbery and arson were commonly committed with impunity. Thus Richard Keating, whose family had for generations given their service as swordsmen to the Earls of Kildare, amassed great wealth by preying on the property of the English settlers in Wexford. No one exerted himself to make the Keatings disgorge their ill-gotten gains, fearing the vengeance of their great patron, and even Ormonde was unwilling to press them hard. ‘There be such with us,’ said Fitzwilliam, ‘as can serve two masters, and neither truly.’48
Most important families had friends in official circles, and among the lawyers the jobbing was frightful. Records were made away with or altered, so that of seven attainders affecting the Crown’s title to land, not one could be proved by documentary evidence. The judges were not above suspicion, and public justice had little chance against well-connected individuals. ‘There is,’ said the Lord Justice, ‘neither judge, counsellor-at-law, nor any gentleman who is not by blood or marriage very near linked together, and though I cannot accuse any for doing things contrary to their conscience or corruptly, yet have I seen such things pass, whether for kindred’s sake or neighbourhood I know not, but sure I am no man out of Ireland in the like case but would have made some stay for colour sake at least.’ Where private interests were to be forwarded, decisions were given with indecent haste, while Crown business was systematically delayed. Fitzwilliam saw and described abuses clearly, but he had too much experience of Ireland to dream of a speedy reform. He had come with sanguine expectations, but had learned that a man may wear to skin and bones without effecting anything. The English Government had aggravated the difficulty by sending over officials of small parts or credit, far inferior to those born in Ireland. ‘Let those sent hereafter,’ he said, ‘be as good as the best here,’ and let ‘every one that comes bid farewell to peace and quiet.’49
CHAPTER XXI.
1561 TO 1564
Queen Elizabeth might show clemency or policy by her treatment of Shane O’Neill, by ignoring Kildare’s intrigues and utilising him in her service, and by summoning Desmond and Ormonde to submit their controversies to her personal arbitrament; but she could not close her ears to the complaints which reached her as to the state of the English Pale. It was then, as it still is, the custom for Irish students to keep some terms in London, to study the common law at head-quarters, and to carry back legal traditions and modes of thought to their own country. The bar was the recognised road to power and influence, and young men of family chose it almost as a matter of course. Twenty-seven of these students signed a memorial specifying the miserable state of the Pale, and this document was delivered to the Privy Council. Among the names of the signataries we find Talbot, Bathe, Dillon, Barnewall, Burnell, Fleming, Netterville, Wesley, or Wellesley, and others scarcely less known. The complaints were arranged under twenty-four heads, and interrogatories were delivered to Sussex, who made the best answer he could to each. The first article set forth that the whole expense of the Government and forts was nominally borne by Dublin, Kildare, Meath, West Meath, and Louth; but that West Meath and Louth hardly paid anything, and that the real weight rested on the three first only. To this it was answered that Carlow and Wexford were contributory, and that there was also some help derived from Irish countries: poverty there might be, but not caused by the soldiers; otherwise why should West Meath, where there were seldom any troops, be the least peaceful county of all? The rejoinder was that Wexford and Carlow sometimes paid a trifle under protest, that the Lord Deputy sometimes lived at Leighlin Bridge, with the express object of getting something out of the country irregularly, and that West Meath suffered from Irish exactions, to which the Marshal and Cowley, the Governor of Philipstown, were parties. Forced labour for insufficient pay, free quarters for soldiers, goods taken far below the market price, coyne and livery, private jobbing under colour of the public service – such were the principal heads under which the law students arranged their heavy indictment. No doubt there was exaggeration, and in some cases Sussex was able to give a conclusive answer; but the students admitted that writing at a distance they made no claim to infallibility, and craved indulgence for mistakes, preferring