Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 2 (of 3). Bagwell Richard
he had better colour of distress than Ormonde of rescue. Desmond had but followed the custom of his ancestors up to the time of the fight, and whoever made the first onset should be answerable for the slaughter. Both Earls should be made to contribute to the support of a Presidency intended to bridle both, and in future to obey, and to make others obey, as if they lived within the Pale. Both should be bound in great sums to stand to the decision of the Governor, Chancellor, and three Chief Justices as to the lands in dispute between them. Sussex, who fortified his argument by many references to Acts of Parliament, urged that Desmond had committed treason by his invasion of Waterford, and that Ormonde in resisting him had done no more, or at least very little more, than became a loyal subject of the Queen.98 But these statutes were confessedly obsolete, and the Crown had winked at similar irregularities too long and too often to insist on rigid adherence to written law.
Desmond submitted to the Queen to abide her judgment concerning the many treasons, murders, burnings, and other such things objected to him by the Privy Council since he last received pardon. Ormonde did the same, protesting his peaceable intention in entering the Decies. Both Earls entered into recognizances in 20,000l. to abide such orders as her Majesty might prescribe. With a view of bridling Desmond, MacCarthy More was created Earl of Clancare, and Sir Owen O’Sullivan received a grant of his country subject to such rents and services as the new-made Earl could prove himself entitled to.99
The general voice both of England and Ireland pointed to Sidney as the fittest man to govern. But he knew well that he was more likely to lose a great reputation than to gain fresh laurels, and he determined not to go unless treated fairly. He declined to be responsible for any debts contracted by his predecessors, and required a clear balance-sheet to start with. Stores must be put in decent order, and at least 200 horse and 500 foot given him over and above the usual establishment. Every captain should have the pay of eight dead men borne on the books, so as to enable him to reward deserving soldiers. It was desirable that St. Patrick’s should be turned into a military hospital. Dublin Castle, Kilmainham, Leighlin Bridge, and Carlow must be put in repair. The Great Seal should be given to a good English lawyer, and Archbishop Curwen should be suitably provided for in England.100
By serving the Queen Sidney complained that he was 3,000l. poorer. His plate and his wife’s jewels were in pawn. To secure him from further impoverishment he asked for an ample commission, to be continued Lord President of Wales for life or during good behaviour, and to have the right of going to the Queen at all times without license. The privilege of making steel, and the right to export 6,000 coarse-dressed cloths and corn for his own household, were the other means by which he proposed to stave off financial ruin. ‘If you will not grant these things,’ he said to the Queen, ‘give me leave to serve you anywhere except in Ireland, or to live private shall be more joyous to me than all the rest and to go thither.’101
Sidney’s demands were only partially granted. He was allowed to retain the presidency of Wales. His salary was the same as his predecessors. He had license to export provisions for his household, but nothing was said about the coarse-dressed cloths. Some of the ruined castles were to be restored, Kilmainham at the expense of the lessees, Dublin and Carrickfergus at that of the Government. The military force was not to be increased, and Sidney was expected to heal the distracted land with 882 soldiers and 300 kerne. It was even supposed that he could put down piracy, for though the Queen was willing to lend a ship and a pinnace, she refused to give a single sailor, and coolly told her representative that he might man them out of his ordinary garrison. The captains were allowed six ‘dead pays’ instead of the eight which were asked for. All ecclesiastical patronage was vested in the new Governor, except archbishoprics and bishoprics, and he had the appointment of all civil officers except the Chancellor, the Treasurer, the sub-Treasurer, the Chief Justice of the Queen’s Bench, the Chief Baron, and the Master of the Rolls. The powers given to Sidney were almost identical with those which Sussex had enjoyed. It was at first intended to give him the title of Lord-Lieutenant also, but either because his importunities annoyed the Queen, or to lessen the mortification which the Earl may be supposed to have felt, Sidney was obliged to be content with the lower title of Lord Deputy.102
Sidney received minute instructions as to the principles on which he was to conduct the Government. He was to make close inquiry as to the best available means for establishing the ‘Christian religion’ among the people, and St. Patrick’s was to be at once surveyed, with a view to founding a college. The judicial bench was to be purged of partial men; and if necessary, lawyers with increased stipends would be sent from England. The jurisdiction of the courts was to be extended as much as possible in the Irish districts. Sheriffs were to be regularly appointed for Leix, Offaly, and for what is now the county of Wicklow. The Celtic countries between the Shannon and the Pale were, if possible, to be joined to Meath, or to the King’s and Queen’s Counties. Besides the five shires of the Pale, Carlow, Wexford, Kilkenny, Waterford, Tipperary, Cork, Kerry, and Limerick were, as a matter of course, to be considered under the law; and Desmond and Ormonde were to protect sheriffs and coroners in the execution of their duties. A Presidency would be established for Munster, and perhaps another for Connaught; and in the meantime every means was to be taken to substitute English manners for Irish customs, fixed payments for arbitrary exactions, and estates of inheritance for tribal chiefries. Many existing statutes were unknown, because they had never been printed, and Sidney was directed to send exemplifications of such as appeared fit to be published and observed.103
The finances were to be reformed, if possible, without further charge to the Queen, and with greater ease to the subject, an impossible task, which Sidney well knew that he could never perform. Many of the rules laid down were, however, very good, and it was clearly seen that much of the financial confusion arose from private jobbing, and from a faulty system of public accounts. What Elizabeth would not as yet see was that the first and greatest irregularity consisted in leaving soldiers unpaid, and in fixing salaries at rates which would not support the incumbents. In order to keep the reforming spirit alive, the Lord Deputy and Council were ordered to read their instructions over every three months, and to report progress to the Queen. ‘How strange a thing it may seem to be,’ says her Majesty in Council, ‘that such a realm as that is, where no just cause is to fear invasion of any other prince, where any person dwelling in that land has never directly or indirectly denied the sovereignty of that Crown to belong to the Crown of England, yet nevertheless to remain so chargeable to the Crown of England for the governance thereof only, and the revenues thereof to be so mean as the like burden and charge is not found in any place of Christendom, where commonly though the countries be subject to titles of other princes, or full of rebellions even for the sovereignties, yet the same do contribute sufficiently to the charge for their own government.’104
Besides the public instructions, Sidney received others for his own use only. Elizabeth had evidently still some hope of Shane, and desired to temporise with him, and with the Scots; in the meantime extending the rule of Carrickfergus as far as possible, and perhaps fortifying Carlingford and other coast towns. Shane’s claims were to be strictly scrutinised in Parliament, and Sidney was to confer personally with him, and to give him a safe-conduct if he demanded it. If still undutiful, he was to be left to his fate, which could not but overtake him at last.105
O’Donnell was to go back to Ireland, to be supported by the Government in Dublin, and restored, if possible, by policy and not by war. Yet war would be preferred to Shane’s holding Tyrconnel. The O’Reillys were to be persuaded into holding their lands of the Crown, and into making their country as obedient to law as those of Desmond and Ormonde were supposed to be, but were not. Sir
Sir H. Sidney’s simple opinion, Sept. 16, 1565; Opinion of the Earl of Sussex, Sept. 22. The twenty-seventh clause of the Statute of Kilkenny seems to the point: – ‘Item ordonne est que si debate soit entre Englois et Englois par quoi les Englois dune parte et daultre ceillent a eux Englois et Irrois en pais illeque a demourer pour guerre et greves aultre a grande domage al destruction de liege pouple du Roy, Accorde est et assentu que nule Englois soit si hardide mener guerre entre autre damener nuls Englois ny Irrois en paix desormais par telle a chescun, et si les faict et de ces soit atteint soit jugement de vie et de membres leur terres forfaitz.’
Submission of Desmond, Sept. 12, 1565, and of Ormonde, Sept. 24. Both recognizances are dated at Westminster, Nov. 22.
Curwen became Bishop of Oxford as Sidney advised.
Sir H. Sidney’s suits, May 20, 1565.
The Commission, dated Oct. 13, is in
Instructions for Sir H. Sidney.
Instructions for Sir H. Sidney, Oct. 5, 1565.
The Queen to Lord Deputy Sidney, Nov. 12, 1565.