The ruling in the Cheevers case governed the others, and, Sidney having returned to his government, the Council assumed the power of dealing with Idrone. Three of the Kavanaghs appeared, but they had, of course, no documentary evidence to advance against Sir Peter, who was adjudged the heir of Dygon, Baron of Idrone in the early part of the fourteenth century. Prescription being again altogether ignored, it was assumed as incontestable that Eva’s marriage with Strongbow had carried the fee of Leinster with it. The Kavanaghs, descendants of the royal tribe, and by Irish law rightful owners of the land, were held common rebels and trespassers, and were strictly enjoined to allow Carew quiet possession. That the Crown had over and over again negotiated with the Kavanaghs, and had twice created baronies in their blood, was passed over as of no consequence. Most of the Kavanaghs bowed to fate, and accepted Carew as their landlord. The earth tillers had to pay him rent, but were not otherwise dissatisfied with him, for he maintained order in the district, and by the establishment of courts baron provided for the due course of local justice. But his name stank in the nostrils of those who had been accustomed to fish in troubled waters, the kernes and idlemen of Wexford and Carlow; and they watched for an opportunity to rid themselves of this old man of the sea. They were not long in finding a leader.[152]
James Fitzmaurice supreme in the Desmond country.
About the time that Desmond was making his submission in London, James Fitzmaurice broke out in Kerry, having strengthened his usual band by enlisting malcontents from Limerick, Tipperary, and Cork. He began by taking 200 cows from Lord Fitzmaurice, wasting his country, and sitting down before his castle of Lixnaw, though straightly charged by the Lord Justice not to enter Clanmaurice. The cattle, he said, were but security for rent, the other damages were in return for those which the Lord of Lixnaw had previously committed in Desmond. Causes of quarrel were sure to be plentiful enough, and Lord Fitzmaurice had brought his wild Irish friends from beyond the Shannon, so that perhaps there was not much to choose between them. A battle followed, in which James Fitzmaurice was defeated. At least 300 lives were lost, and the sons of O’Callaghan, the White Knight, and others of his followers were taken. Finding himself too weak to do much without help, the Desmond leader sought allies both in and out of Ireland, living by plunder in the meantime, and totally disregarding all letters from the Government.[153]
The Butlers oppose Carew. MacBrien Arra.
On the very day that Sidney landed the Lords Justices wrote most gloomily of the political prospect. Tirlogh Luineach was in open rebellion; he had spoiled part of Louth, and it was thought fortunate that he had escaped, for he was in such force that had he turned upon Lord Louth and his party he would probably have beaten them. On all sides troubles were brewing; the Exchequer was empty, the army weak, and the dark nights which the Irish loved were coming on fast. But the greatest danger of all came from a quarter whence governors were accustomed to look for support only. The House of Ormonde itself seemed to have changed its nature; the rod upon which every Viceroy had leaned threatened to pierce the hand at last. Edward Butler, the Earl’s younger brother, was a turbulent and hot-headed youth. In the chief’s absence another brother, Sir Edmund, had the care of his country, but he was unable, and perhaps unwilling, to keep Edward properly in check. MacBrien Arra, the chief of a clan which in the later Middle Ages had wrested part of Tipperary from the Butlers, appears to have been at this time peaceable and loyal, looking only to the Government for protection against his greater neighbours. Edward Butler probably thought him fair game, and invaded Arra with 1,000 men, horse, foot, and camp followers—desperadoes apparently of the worst character. According to ancient Irish custom all movable property was stored in two churches, and thither the frightened women fled in the vain hope of sanctuary. The country was harried far and wide. The churches were broken open, and for forty-eight hours the invaders plundered and ravished, sparing neither age nor condition. The lately gathered corn was destroyed, and famine stared the whole population in the face. ‘As for me, my good lords, I do not a little marvel of such deeds and facts,’ said MacBrien, ‘true subjects robbed and spoiled daily, and poor tenants driven to beg their bread, banished from their dwellings, and notable malefactors succoured and maintained, contrary to the Queen’s Majesty’s good laws; assuring your honours, since Shane O’Neill died, there is not the like maintainer of rebels as Mr. Edward is; and although Sir Edmund doth say that he cannot rule Mr. Edward of his riotous doings, it is but a saying, and not true.’ He desired redress, or leave to revenge himself, and he went to Dublin to urge his suit. The result was not altogether encouraging; for in his absence Edward Butler visited his country a second time, killed his uncle, drove off his cattle, and burned a house full of women and children. Wearied with continual outrages, his wife wrote to beg that he would take a farm in the Pale, where there might be some chance of a quiet life. ‘When men go to England,’ she said, ‘or to Dublin, where the law is ministered, those who remain behind spoil them the more.’[154]
Butlers and O’Carrolls.
After his first attack on MacBrien, Edward Butler wandered away into the King’s County. There was a standing dispute between the O’Carrolls and the Butlers, the latter alleging that Ely was part of Tipperary, the former that it belonged to the more lately formed shire and was consequently outside Ormonde’s palatinate jurisdiction. Thady O’Carroll, one of the chief’s three sons, had married a Galway lady, and on his way towards the Shannon to visit his father-in-law was unlucky enough to come across Edward Butler’s band. O’Carroll had but a few men with him, and it is therefore not at all likely that he was the assailant in the skirmish which followed, and in which he was taken prisoner. As to the previous quarrels, which Butler alleged as a reason for keeping armed men, the Lords Justices seem to have thought there was much to be said on both sides, but they charged Butler to appear before them at once, and warned him of the danger of taking the law into his own hands. Sir William O’Carroll was also summoned, but neither were in any hurry to obey, and the matter was quite unsettled when Sidney landed at Carrickfergus.[155]
FOOTNOTES:
[134] Weston to the Queen, Oct. 8; Lords Justices to the Queen, Oct. 30; same to Cecil, Oct. 30 and 31; Weston to Cecil, Oct. 8; Earl of Clanricarde to the Queen, Oct. 22.
[135] Lords Justices to the Queen, Dec. 12; Thos. Scott to Cecil, Dec. 14 and 21; Queen to Lords Justices, Dec. 24; Lords Justices to Cecil, Nov. 23; Fitzwilliam to Cecil, Nov. 27. The award of Draycott, M. R., Nugent, S. G., and Serjeant Finglas, is printed from a MS. at Kilkenny, in the Irish Archæological Journal, 1st series, iii. 341.