Other controversies there were of a more personal character between Shane and Sussex; a study of which shows how hopeless it was to suppose that they would ever act together, or be anything but enemies to each other. Shane declared truly enough that Sussex had designs on his life. His charges may be summed up in the statement that he thoroughly mistrusted the Lord-Lieutenant, ‘by reason of which mistrust he hath escaped his traps, by the help of God and grace of the Queen, and now at length come to her gracious presence, which he hath long wished.’ Refuting some charges and denying others, the Earl concentrates his wrath in the supposition ‘that Shane’s nature is so accustomed to lying, as after her Majesty’s gracious dealing with him he is not ashamed to show the same now in her presence;’ and is therefore much less to be trusted when absent.41
That Cecil was anxious to do right in O’Neill’s case may be inferred from the great labour which he evidently took to understand both the legal and moral aspect of the question. The ‘Tower Records’ were searched for precedents as to the Earldom of Ulster, through which Edward IV. and all his successors were entitled to Tyrone, and as to the relations of the Crown with Irish captains. Inquiries into Irish customs were also set on foot with special reference to Shane’s claims under them. His proved rights there was clearly no intention of withholding. But there was culpable procrastination, a hope that something might turn up, and an idea that it was well to keep Shane away from his own country and to accustom his country to do without him. O’Neill clamoured for his release, and produced evidence of the distractions of his country in his absence. Many spoils were taken to the Pale, and many disturbances raised by the Baron of Dungannon’s sons and by other enemies. Tirlough Luineach took too much on himself; ‘and the sept of the Neills,’ said the chief’s correspondent, ‘do not maintain one another but are scattered abroad, every one doing for himself, and the "kereaghts" of the country (the nomad herdsmen of Ulster) in every side are dropping away to eschew the trouble of the country … every man spake largely for the defence of the country at your being with them, yet is the country now evil defended. It is easier to redress now than hereafter, therefore come in haste and do as the proverb says, "Principiis obsta; sero medicina paratur," come with haste and you shall be welcome.’42
The Queen not unreasonably declared that she could not decide fairly in the young Baron’s absence; but this should have been thought of before. About the time the order to send him reached Ireland the question was settled as between Shane and his nephew, or supposed nephew, by the murder of the younger claimant to the Earldom of Tyrone. Tirlough Luineach, who was probably tanist, and was certainly the second man among the O’Neills, waylaid the unfortunate boy before daybreak with 100 horse and 200 foot, somewhere between Carlingford and Newry. The victim had no more than twenty with him. He hid in a thicket, and stripped off his clothes, intending to swim the river, when the pursuit slackened. But one of his followers who was taken offered, to save his own life, to betray a better person. His hiding-place was soon found, and he was killed, ‘not far, as I think,’ said Fitzwilliam, ‘from the spot where his father had the like friendship of his men.’ Brian O’Neill left a brother behind him, who was neglected on account of his youth, but who lived to be the most formidable of all Elizabeth’s Irish enemies. The murder could not be traced to Shane; and indeed Tirlough, as his presumptive successor, had an interest of his own in getting rid of a pretender who relied on letters patent. Under Tirlough’s leadership the O’Neills did nearly as much harm as when Shane was present, and the last crime was considered evidence that no one but the latter could keep order.43
We have but scanty information as to how Shane spent his time in London. He was present at a Court hunting party, where he saw a brother of Guise, who was on his way home from Scotland, kill two stags with a single arrow. A diarist of the time has recorded that one day ‘John O’Neill, the wild Irishman, came riding into Cheapside, and dined at St. John’s Head, at Master Daniel’s, the goldsmith;’ and that on another day he ran at the ring beyond St. James’s in the field. No doubt Shane rode well enough in the field; but probably he did not shine in the tilt-yard; for he asked the Queen, until she had found him an English wife to amuse him, to appoint him ‘to attend on the Lord Robert, that I may learn to ride after the English fashion, to run at the tilt, to hawk, to shoot, or use such other good exercises as I perceive my said good lord to be meet unto.’ This may not have been unpleasing to the Queen, and was certainly not so to the favourite, who afterwards corresponded with Shane. O’Neill sent him hawks, horses, and greyhounds, and thanked him for his gentle and loving letters. Shane did not get the wife ‘to be chosen by the Queen such as she and I may agree,’ and he may have ceased to press the matter when he found that he might be expected to ‘change his garments, and go like an Englishman.’ Nothing was further from his thoughts than to conform to English customs, either in dress or religion, and he was in constant communication with the Spanish ambassador De Quadra, who encouraged him to hope for Philip’s favour, and took care that he should not want the means of confession and absolution, which he must have required pretty often. The interpreter at these interviews was an Irish priest, who afterwards went to Louvain, and thence to Spain or Rome. One supposed consequence of his journey was that the Holy See gave Shane all the ecclesiastical patronage in his country.44
Shamed or frightened by the death of the young Baron, the Queen at last let her barbarous subject go. He was acknowledged, with a formal reservation of young Hugh O’Neill’s claims, as actual captain not only of Tyrone, but of O’Cahan’s county, and of the greater part of what is now the county of Antrim; but with a proviso that he should not levy Irish exactions outside of his own proper district. He promised to do his best to persuade the chiefs thus placed under him to come to Dublin and do homage, and to support those who thus evinced their loyalty against those who refused to do so. Shane agreed to attend all general hostings in Ulster, and to keep the peace with O’Donnell, O’Reilly, and the rest for six months, during which a board of arbitration, consisting of the Earls of Kildare and Ormonde, and of four members of the Irish Privy Council, two named by himself and two by the opposite party, should sit and determine all differences. O’Neill promised to retain no mercenaries born out of Tyrone, and to take no pledges beyond the same limits. Phelim Roe’s sons, and others in Tyrone who had done the Queen service, were not to be molested, and internal disputes were to be settled by arbitrators; the powers of an umpire being retained by the Council, who might send Commissioners to the border. Shane covenanted not to molest the garrison of Armagh, on condition that they were victualled out of the Pale. He consented to bring Calvagh O’Donnell into the presence of the Earls of Ormonde, Kildare, Thomond, and Clanricarde, and to submit to their decision as to Calvagh’s liberation, and as to other matters in dispute. Such was the general tenor of the treaty: it was one which could not work well without complete good faith on both sides. The Queen probably acted under the advice of Sidney and of his brother-in-law Dudley, and this may have laid the foundation of the bad feeling afterwards existing between Sidney and Sussex. Shane was indeed completely triumphant. He left three hostages in London, but as they were all persons of no importance, he probably made the sacrifice with great equanimity.45
Unfortunately, good faith existed on neither side. Elizabeth dismissed Shane with honour because she knew not what else to do, and Shane agreed to her terms because he was in the net and saw no other means of escape. Three hundred pounds certainly, perhaps more, was lent, or rather given, for the return journey, and the Queen issued a proclamation declaring Shane’s virtues, and appointing Commissioners to determine his controversies with the Pale.
Shortly before Sussex left Ireland Munster was disturbed by the chronic jealousy between Butlers and Geraldines. Desmond accused Ormonde of waylaying him on his return from the great hosting, and thereupon invaded his country; but a peremptory order from the Lord-Lieutenant