Kildare had the wit to see that times were changed, and that the Crown would be too strong for any possible combination; but others were less well informed, or more sanguine. Some of the O’Mores held a meeting at Holy Cross in Tipperary, where Neill M’Lice was chosen chief of Leix. The object of this unfortunate clan was of course the retention of their lands, to which they clung with desperate resolution. Shane sent a rymer, one of those improvisatori who were always at hand to carry dangerous messages, bidding them to trust no man’s word, but to wait for orders from him. Desmond was also consulted. According to one account he offered the conspirators a refuge in the last resort; according to another, he had promised to send actual assistance. The matter came to Ormonde’s ears, and he appeared suddenly at Holy Cross, dispersed the meeting, and took three of the principal men prisoners.18
Elizabeth saw that nothing of importance could be done without an effort, and being in one of her frugal moods, she was disinclined to make that effort. She summoned Sussex over for a personal conference, reminding him that she had formerly been charged with other items besides his salary, and suggesting that part of it should now be devoted to the payment of a Lord Justice, ‘which, considering our other charges, we think you cannot mislike.’ As soon as Fitzwilliam’s commission arrived, Sussex left Ireland; but Shane O’Neill did not wish to let the Lord-Lieutenant have the sole telling of the story. Shane was in communication with Philip, who bade him not be discouraged, for that he should not want help. Letters to this effect were brought by the parish priests of Howth and Dundalk, and O’Neill then wrote to the Queen in a very haughty strain. He asked leave to correspond freely with the Secretary, and solicited the admission of his messenger to the Queen’s presence. ‘There is nothing,’ he said, ‘I inwardly desire of God so much’ as that ‘the Queen should know what a faithful subject I mean to be to her Grace.’ For her Majesty’s information, he stated forcibly his case against the Dungannon branch, invariably calling his rival Matthew Kelly, and laying great stress on his own election by the tribe. ‘According,’ he wrote, ‘to the ancient custom of this county of Tyrone time out of mind, all the lords and gentlemen of Ulster assembled themselves, and as well for that I was known to be the right heir unto my said father, as also thought most worthiest to supply my father’s room, according to the said custom, by one assent and one voice they did elect and choose me to be O’Neill, and by that name did call me, and next under your Majesty took me to be their lord and governor, and no other else would they have had.’ The effect had been magical. All the North for eighty miles had been waste, without people, cattle, or houses, ‘save a little that the spirituality of Armagh had,’ and now there was not one town uninhabited. If the Queen would give Ireland into his keeping, she would soon have a revenue where she had now only expense.
As to Matthew Kelly, he had tried to turn him out of lands which his father had long ago given him, in which the bastard pretender was ‘maintained and borne up by the chin’ by Sussex. Had he not been wholly occupied in hunting Matthew up and down, he would long since have expelled the Scots, who had been reinforced by Lady Tyrone, and supported by Sussex. The Lord-Lieutenant had given them MacQuillin’s land, ‘which time out of mind hath been mere Englishman,’ having held his estate since the first conquest. The Queen was thus answerable for the strength of the Scots, and without her help he could not undertake to drive them out. Kelly had been killed in a skirmish by chance of war, and he was not to be held answerable for so usual an accident. In fact, he was a blameless subject, who had committed no fault knowingly; ‘but through being wild and savage, not knowing the extremity of her Majesty’s laws, nor yet brought up in any civility whereby he might avoid the same, having also many wild and unruly persons, and hard to be corrected in his country.’ By a stretch of legal ingenuity their misdeeds might possibly be laid at his door, and to avoid that, and ‘not for any mistrust of his own behaviour,’ he asked for protection. Unable to trust Sussex, he had sent over the respectable Dean of Armagh to bring a safe-conduct from the Queen herself, which would enable him to lay his case in person before the English Council, and to return safely. For his expenses he should require 8,000l. sterling, which, with a fine irony, he declared himself quite willing to repay in Irish currency. For fear of mischances, the Earl of Kildare and other men of rank should be directed to put him safely on board, and to deliver him at Holyhead into Sir Henry Sidney’s charge. After his return Sussex should not be allowed to molest him for three months.
Besides the main grievance about Matthew Kelly, Shane had fault to find with governors in general, and Sussex in particular. When a very young man he had discovered a plot to attack the Pale, and having respect to the common weal of his native country, he had gone boldly to Sir Anthony St. Leger without any safe-conduct. St. Leger had been so much impressed with his virtue that he and all his Council had signed a contract, ‘which I have to be showed,’ to give him 6s. 8d. sterling a day. Since that he had suffered much, but not a groat of the pension had ever been paid. Still he bore no malice, and had offered his services to Sussex against the Scots. The Lord-Lieutenant was nevertheless firmly prejudiced in favour of Matthew Kelly, and determined that he, the legitimate chief, should be no officer of his. He accused Sussex of putting innocent men to death, and thus making it impossible for any one to trust him. Sussex always indignantly denied this charge, and he was borne out by Kildare and by the Irish Council.
Shane proudly contrasted the state of his country with that of the Pale, and suggested that the Queen should send over two incorruptible men joined in commission with the mayor and aldermen of Dublin and Drogheda, ‘which are worshipful and faithful subjects,’ to judge which country was the better governed. They might hear the charges against him, and also the complaints of the families of the Pale, ‘what intolerable burdens they endure of cess, taxes, and tallages both of corn, beefs, muttons, porks, and baks.’ Not only did the soldiers live at free quarters, but they had ‘their dogs and their concubines all the whole year along in the poor farmers’ houses, paying in effect nothing for all the same.’ Not less than 300 farmers had gone into Shane’s county out of the Pale. These men were once rich, and had good houses, but they dared not so much as tell their griefs to the Queen, ‘yet the birds of the air will at length declare it unto you.’ Shane considered it ‘a very evil sign that men shall forsake the Pale, and come and dwell among wild savage people.’
Besides his pretensions to the Earldom, or to the captaincy of Tyrone, Matthew Kelly also advanced a claim to the manor of Balgriffin, in the county of Dublin, which had been granted to Con O’Neill, with remainder to his son, Matthew O’Neill, and in default of him and his heirs, with remainder to the right heirs of Con. Shane had taken legal opinions, and was advised that he had a title to Balgriffin, because there was no Matthew O’Neill at the time of the grant. ‘It follows plainly,’ he argued, ‘that I am my father’s right heir, legitimate begotten, and although my said father accepted him as his son, by no law that ever was since the beginning, he could not take him from his own father and mother which were then in plain life.’ Besides which he had inherited the land of ‘his own natural father the smith.’ If the premise that Matthew was Kelly and not an O’Neill be admitted, the reasoning is irrefragable.
Badly as he had been treated, Shane declared himself ready to make restitution wherever anything could be proved against him. His savagery, which he confessed again and again, he thought could best be eradicated by an English wife, ‘some gentlewoman of some noble blood meet for my vocation, whereby I might have a friendship towards your Majesty.’ This impossible she would indeed be much more than an intermediary between him and the Queen to declare his grief and those of his country. ‘By her good civility and bringing up, the country,’ he hoped, ‘would become civil, and my generation so mixed, I and my posterity should ever after know their duties.’ Some educated companion was necessary to him; for the men of the Pale would not even show him how to address his letters properly, and he feared to offend, whereas he desired nothing so much as her Majesty’s approbation and favour. How Shane treated an accomplished woman when he had her in his power will appear hereafter.