No sooner was Shane gone than Sussex obtained leave to follow him. The Government was left to Fitzwilliam, whose expenses were to be borne out of the pay and allowances of the absent Lord-Lieutenant, and who was directed to give all possible help to Brian O’Neill. It was perhaps thought profound policy to support the boy’s claim to the Earldom of Tyrone while the real chief of Ulster was out of the way. Sussex rightly observed that if the Queen wished to support the young Earl she could best do so by treating Shane coldly at first, and by keeping him at arm’s length till he himself arrived. This advice, which was not only sound in itself but calculated to restore the credit of Sussex in Ireland, came too late to be of much use; for Kildare had already presented Shane to the Queen. The bare rough heads of his gallowglasses, who did not lay aside their axes, their long curls, their wide-sleeved saffron shirts, their short tunics, and their shaggy cloaks of fur or frieze, which in Ireland covered a multitude of sins, made Englishmen stare; not less, says Camden, than they now stare at Chinamen or American Indians. The Ambassadors of Sweden and Savoy were present, and doubtless shared in the general astonishment created by her Majesty’s distinguished subject. Shane prostrated himself before the Queen, and then on his knees ‘confessed his rebellion with howling,’ and made his submission in Irish, which few or none could understand. The language was perhaps less humble than the posture. But Cecil was not to be put off thus; the supposed meaning of the speech was engrossed in English, and two days afterwards was signed and sealed by Shane. ‘For lack of education and civility,’ he is made to say, ‘I have offended.’ He thanked the Queen for his pardon, promised to deserve well for the future, begged her favour for the gentlemen of his company, his kinsmen and friends, and admitted in writing that he had done homage on his knees to Elizabeth as Queen of England, France, and Ireland. Shane’s pretensions were so extraordinary that the courtiers exercised their wit in inventing a style for him, and they dubbed him ‘O’Neill the great, cousin to St. Patrick, friend to the Queen of England, enemy to all the world besides.’39
Sussex received a copy of Shane’s submission at Holyhead, forwarded it to Fitzwilliam, and then went on to London; a journey which bad weather and bad roads extended to about ten days. On his arrival he had to defend himself against those who had tied his hands by the commission to Kildare, and who now blamed him for not using them more vigorously against Shane. He showed very conclusively that he had done his best under the circumstances, and threw the blame on the Irish Earl, who was entirely responsible for the terms of the treaty. Either Kildare made good his case, or it was not thought prudent to follow the matter up closely; for there seems no reason to suppose that he was censured. With the help of Sussex, Cecil immediately set himself to discover the points on which Shane differed from the Government. Written interrogatories were drawn up and answered by Shane; and then the Lord-Lieutenant replied. The nature of the controversy will be best understood from an abstract of the papers, which bring out very clearly how entirely different were the English and Irish points of view.
1. What petitions did Shane intend to make to the Queen when he first proposed to come over?
A. To acknowledge my duty, to become known to her Highness as a protection against unjust Governors, and to become civilised by the sight of her Majesty’s nobility.
R. The implied accusation is too vague.
2. Shane has been profuse in offering his services – what are they?
A. To help the Governor in preventing foreign enemies from landing in the North. Sussex has brought in the Redshanks ‘to the great danger of the Crown of Ireland.’ Their lands should be restored to loyal subjects such as me, O’Neill, and my friends.
R. Judging from Shane’s antecedents, is he likely to perform such a promise?
3. Why should not the Baron’s son be Earl according to his patent?
A. That Kelly was born in wedlock and reputed the son of John Kelly and Alison his wife until sixteen. He was adopted by my father ‘contrary to all order of law and to the old proverb "who bulleth my cow the calf is mine."’ Matthew Kelly was then a trader in Dundalk called ‘Matthew the seller of salt.’ My father rechristened Matthew, ‘Ferdoragh,’ who then tried to usurp the headship of the O’Neills. Even if I were out of the way there are one hundred of my name who would not allow Matthew’s pretensions.
Any patent must be void, for Con had no estate in the country, which was held only by consent of the Lords and inhabitants.
By the law of the Pale no letters patent took effect without inquisition, which could not be held in Tyrone because it was no shire. If ‘the Queen’s law’ is to prevail, then I am heir-at-law.
R. The Baron’s son claims by letters patent, not by legitimation, and the freeholders were consenting parties. Shane’s Pale law is ‘used in shire-ground and not in the Irishry, where the Prince holdeth by conquest, and ever hath done, and the breach thereof overthrows all the new Earls’ states in Ireland.’
4. How he proves his title to be O’Neill, having never been admitted by the sovereign?
A. In Tyrone and most Irish countries the people assemble on the death of a chief and choose ‘the most ablest and the worthiest of the headmen.’ Shane was so elected without the usual contest. His ancestors never used to be confirmed by the Crown, ‘yet none the less do I mean to be as good and true a subject as though any such confirmation were had in that behalf.’
R. The eldest is not accounted the worthiest, but the strongest. Shane forced the country to elect him. There are many precedents for the admission of captains of countries by letters patent, and the practice should of right be universal.
5. What authority and jurisdiction does Shane claim by virtue of tribal election?
A. What my ancestors have always claimed and no more. Most of them have held the pre-eminence by indenture, and the old men of the country will not deny the extent of the jurisdiction.
R. The claim is bad, and more particulars are required.
6. What countries doth Shane claim to rule thereby?
A. Magennis, MacMahon, Maguire, O’Kane, O’Hanlon, MacCartane, Dufferin, the Savages, and many O’Neills are under my rule. Clandeboye and the Rowte should belong to me, ‘which the Scot engageth by the means aforesaid.’ I have also ancient rights over O’Reilly’s country, and rents out of ‘other lords of small reputation which it were prolix to write.’ The old black rent of 40l. out of Louth was remitted by my father. Whatever men may say, I mean to spend all my power in the Queen’s service.
R. Fuller particulars are required, and records are extant to disprove all these claims.
7. What obedience and service hath O’Neill hitherto borne to the Crown of Ireland?
A. Bare allegiance only to the Lords of Ireland, and peace with the Pale. My father first acknowledged Henry VIII. King of England, France, and Ireland; I do the same ‘with a more perfection’ to serve her Majesty than my ancestors. When I undertook to come I fully knew what influence the Earl of Sussex had with the nobility. Nevertheless, I had ‘hope in the Queen’s Highness and the uprightness of her honourable Council, and my own truth.’ I now