Lord Justice and Council to O’Neill, Aug. 22 and Sept. 14; Terence Danyell to Lord Justice, Aug. 21 and Sept. 10; Shane O’Neill to Lord Justice and Council, Sept. 5 – ‘Non est opus nunc habere me suspectum quantum ad servicium impendendum contra Scotos.’ This did not prevent him from clamouring for aid at the Scotch Court; see Randolph’s letter before cited. Randolph had seen two of Shane’s letters. Lord Justice and Council to Piers, Sept. 17; Fitzwilliam to Cecil, Jan. 17, 1565; and the Declaration of Sussex, Jan. 29.
87
Wrothe to Cecil, Oct. 21 and Nov. 2, 1564; Lord Justice and Council to Ormonde, Nov. 21. Some thirty years before Sir Barnaby’s father had assumed the character of an independent prince, when complaining to Henry VIII. of his sufferings at the hands of Ormonde’s grandfather. The story is that his messenger stood among the crowd of courtiers assembled to see the King pass, and called out ‘Sta pedibus, Domine Rex. Dominus meus MacGillapatricius misit me tibi dicere ut si non vis castigare Petrum Rufum, ipse faciet bellum contra te.’
88
Cusack to the Privy Council, June 8, 1564; Clanricarde to the Queen, April 12, 1565; Lord Justice and Council to Desmond, July 1, 1564; to Thomond, July 2; Desmond to Winchester, July 26; to Cecil, July 27; Wrothe to Lord R. Dudley, Aug. 16; Orders taken by Sir Thomas Cusack and others between the Earls of Desmond and Thomond; Desmond, Dunboyne, Curraghmore, and others to Cusack, Sept. 11. Stanley’s letter is in the Arch. Journal of Ireland, 3rd series, i. 405; Four Masters, 1564, who say Corcomroe Abbey, with its church patronage, was given to Donnell O’Brien as an equivalent for surrendering his claims by tanistry.
89
Earl of Ormonde’s proclamation, July 1, 1564. The copy in the R.O. is by Sir T. Wrothe’s clerk, and the signatures are not given.
90
Ormonde to Cecil, Nov. 22, 1564; Cusack to same, Jan. 12, 1565; Desmond’s petition to the Queen, June 1, 1565 (No. 53), and Ormonde’s answer, June 6.
91
The official correspondence about this affray is among the S.P., Ireland, Eliz., vol. xii. It is printed in the Irish Arch. Journal, 3rd series, i. 394. Russell, the Four Masters, O’Daly, and O’Sullivan Beare all say Desmond was outnumbered, and Ormonde treacherous. I see no reason to believe either statement. Desmond’s own account is certainly incorrect. Lord Power’s is unfortunately missing. The best is Sir George Stanley’s, who took the trouble to visit the place, and to make a sketch or plan; he is perhaps rather partial to Ormonde. The ‘ford’ of Affane was perhaps that over the tributary river Finisk. I have inspected the ground carefully. The Blackwater itself is mentioned by Desmond as being passable only by swimming or in boats. It is, on the other hand, generally believed that the ford in question was over the great river, and arms and spurs have been found near the bank. The Finisk, however, was on Ormonde’s direct road to Dromana, and the Blackwater was not.
92
Sir George Stanley and Sir W. Fitzwilliam to Cecil, April 3, 1565; Cusack to same, April 22; Lord Justice and Council to the Privy Council, April 23; Captain Nicholas Heron to the same, April 27.
93
Fitzwilliam to Cecil, May 17, 1565. The fight was on May 2.
94
Shane O’Neill to the Lord Justice, May 2; Gerot Fleming to Cusack, June (No. 82).
95
Fitzwilliam to Cecil, June 8, July 13, and Aug. 23; Gerot Fleming to Cusack, already cited. Sir Henry Sidney’s articles for Ireland, May 20, 1565.
96
Answers of Sir H. Radclyffe, F. Agarde, and the Earl of Sussex, Aug. 8, 1565. Fitzwilliam and Stanley generally supported Sussex. Arnold, Cusack, and Sidney inclined to Leicester’s side.
97
Answer of Sir H. Sidney, Aug. 8, 1565.
98
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.’
99
Submission of Desmond, Sept. 12, 1565, and of Ormonde, Sept. 24. Both recognizances are dated at Westminster, Nov. 22.
100
Curwen became Bishop of Oxford as Sidney advised.
101
Sir H. Sidney’s suits, May 20, 1565.
102
The Commission, dated Oct. 13, is in Sidney Papers, p. 86. Even the last draft of the instructions, dated Oct. 5, has the higher title, for which Lord Deputy was substituted on revision.
103
Instructions for Sir H. Sidney.
104
Instructions for Sir H. Sidney, Oct. 5, 1565.
105
The Queen to Lord Deputy Sidney, Nov. 12, 1565.
106
Instructions for Sir H. Sidney, Oct. 5, 1565.
107
Sidney Papers, vol. i. p. 7.
108
Shane O’Neill to the Lord Justice and Council, June 30, 1565; Fitzwilliam to Cecil, Aug. 23.
109
Fitzwilliam to Cecil, Aug. 23, 1565.
110
In his ‘articles,’ Dec. 2, 1565, Oliver Sutton accuses Arnold of frequenting low haunts. Writing to Shane, Aug. 27, Arnold says, ‘facta tua non quadrant cum meis laudibus’ Yet Fitzwilliam says the Council were not allowed to write the truth about Shane’s doings (to Cecil, Nov. 28). The Queen to Sir George Stanley, Oct. 23.
111