One complaint of the students deserves special mention. They alleged that martial law interfered with the regular tribunals, and being pressed for particulars they stated positively ‘that Sir Ralph Bagenal, being lieutenant of the army, was for killing of a soldier arraigned at the King’s Bench, who pleaded his pardon. Whether justice hath been done by the Marshal of soldiers complained on to that we say that the man before mentioned to have been arraigned at the King’s Bench, and attempted to be taken thence by the Marshal, but upon resistance of the judges stayed and committed to gaol, was after by the Marshal taken from thence, and had none other punishment than put on the pillory, muffled, as it should seem, lest he might be known, which we count rather a mockery than execution of justice.’ No answer in effect was given to this heavy charge, but that the Marshal had authority over the military, and that the Governor had orders to maintain him. If the lawyers in Dublin were guilty of factious opposition to the Government, they were not altogether without excuse.51
Encouraged probably by the success of Shane O’Neill, Desmond behaved in London very much as he had behaved at Waterford. Being charged before the Council with openly defying the law in Ireland, he answered contumaciously, and when called to order refused to apologise. He was accordingly committed to the custody of the Lord Treasurer, on hearing which Fitzwilliam expressed an opinion that Desmond lacked both education and wit, and that the effect of bringing him to such senses as he had would be most beneficial in Ireland. ‘The news,’ he said, ‘made some not only to change colour, but greatly sigh, whose nature God amend, make them banish flattery, malice, and other misdeeds.’
The Queen wrote to Lady Desmond to complain of the Earl’s inordinate conduct, and to state her conviction that a little gentle imprisonment would do him good. Unheard-of favour had been ill requited; nevertheless, the royal patience was inexhaustible. No harm was intended to Desmond, and his wife was charged to keep order until his return. Between her son and her husband, the position of the countess was not pleasant. Fitzwilliam thought she did her best to hold the balance, and keep the peace between them; but her husband’s friends accused her of unduly favouring Ormonde, an imputation which she indignantly denied. ‘I always,’ she declared with a certain pathos, ‘wished them to be perfect friends, as two whom I love as myself.’52
Sussex followed Shane O’Neill back to Ireland, taking with him his sister, Lady Frances, the dainty bait at which it was supposed that wary fish might rise. During his stay at Court he had taught the Queen to see Ireland partly with his eyes. About the desirability of abolishing illegal exactions there could of course be no difference of opinion; and Elizabeth was now further inclined to divide the country into presidencies, to persuade the principal chiefs to take estates of their lands and accept titles of honour, to hold a Parliament, and to establish a Star Chamber. On other points she was at issue with her Lord-Lieutenant. Thus Sussex wished to expel Shane O’Neill absolutely from Ulster, to divide Tyrone into three districts, to encourage and flatter the Scots as long as their help was wanted, and then, with a refined duplicity, to drive them out in their turn. Elizabeth was for making the best of Shane, alluring him, if possible, to keep his promises. The Presidency Courts when established were to administer both law and equity. Sussex wished to acknowledge what was good of the Brehon law, and by systematising it gradually to accustom Irishmen to written and settled forms. The Brehons he proposed to admit, not as arbitrators, but as counsel entitled to receive fees; and by empanelling juries to find the facts, he hoped in time to fuse the two systems together. It is much to be regretted that this really statesmanlike idea was not allowed to bear fruit. The difficulty of getting juries to find verdicts against the members of powerful factions was great in Elizabeth’s time, as it is now. Sussex proposed to meet it by freely changing the venue from one county to another, an obvious expedient which has only very lately and by a subterfuge been partially introduced. The constitutional pedantry of lawyers often stands in the way of justice, for the furtherance of which they are themselves supposed to exist.53
The Queen’s evident readiness to hear the complaints of the Pale encouraged William Bermingham, who had his own ideas of reform, and who was in correspondence with the Irish law students. He went to London, and his representations perhaps decided Elizabeth to send over a Commissioner with authority and ability to discover the truth, and to report it fearlessly. The person selected was Sir Nicholas Arnold, Wyatt’s fellow-conspirator, a man of resolution and industry, who cared little for popularity, and who might be trusted to carry out his orders. Arnold was instructed to confer with Lord Baltinglass and three others as to the county of Kildare, with Lords Dunsany, Howth, and three others as to Meath and Louth, and with Talbot of Malahide and three others as to Dublin. Notwithstanding this success, Bermingham complained bitterly that he had been ill-treated and his advice slighted. If he had had full and favourable hearing he would have showed how the Queen might save 30,000l. He was 45l. out of pocket by his journey, and had gained little or nothing for the public. ‘I shall be the last of my country,’ he said, ‘that shall come hither again to complain or to declare anything for the Prince’s commodity, although the occasion be never so vehement.’ Anxious to get home for the harvest, Bermingham left London soon afterwards, overtook Arnold at Harlech, where he was waiting for shipping, and presented him with a long string of interrogatories proper, in his opinion, to be administered to the Queen’s subjects in Ireland. The insinuations were that martial law was grievous to the innocent, and no terror to evil-doers, that officers and soldiers oppressed the people, that false musters were habitually taken, and that the Queen was kept in ignorance of the real state of Ireland. There were many covert insinuations against Sussex; and Arnold, when he reached his destination, was thus forewarned against official statements, and perhaps slightly prejudiced against the officials themselves.54
The payment of cess for maintaining soldiers was the most grievous of burdens. It was impossible to dispense with it altogether; but Sussex suggested that a more economical management of the Crown lands might furnish the means of lightening it considerably. The Queen acquiesced, suspended the granting of leases, and invited the Lord-Lieutenant to consult with his Council as to the redemption of those which were still unexpired. Commissioners were instructed to summon the landowners, and to inform them that the Queen was most anxious to lighten the cess; but that the monastic lands had been improvidently leased, and that she had therefore no sufficient revenue. If the country was inclined to buy out some of the lessees, their farms might be re-let at such a profit as to reduce the cess materially. The Commissioners, who were chosen from among the chief families, reported adversely to the scheme. The inhabitants of the Pale could not afford money for such a small and uncertain benefit. If they could be for ever relieved of all military burdens by letters patent, confirmed by Parliament, then they would make an effort, but for nothing less. This could not be done, and the matter dropped.55
Back in Ireland, with the consciousness that he had gained a substantial