THE DESMOND WAR—FINAL STAGE, 1581-1583.
Exceptions from the amnesty.
Desmond, his brother John, and Baltinglas were excepted by the Queen from the general pardon. Grey himself made several further exceptions, not, as he explained, that he wished to remove the hope of mercy, but only that he did not think them cases for pardon without further inquiry. Lady Desmond was excepted, as having encouraged the rebels to persevere, and as having remained with them rather than live under protection. David Barry, to whom Lord Barrymore had conveyed his lands, and Baltinglas’s brothers, Edmund and Walter, who were heirs-presumptive to his entailed property, were excepted, not only as important rebels, but lest the Queen should lose the escheats. Feagh MacHugh O’Byrne, ‘the minister of all wickedness in Leinster,’ refused a pardon unless a like were granted to Desmond and his brother, and unless ‘religion might be at liberty.’ Several other rebels or plotters were excepted, among whom it is only necessary to mention William Nugent, Lord Delvin’s brother, who had become the leader of a separate conspiracy. Perhaps Grey’s additions to the list of those whom Elizabeth thought unfit for pardon may have wrecked the whole scheme. July 17 was fixed as the last day for the rebels to come in, and up to that date very few penitents appeared.[80]
Conspirators welcome the amnesty.
While notorious offenders abstained from taking advantage of the Queen’s clemency, it was noticed that many inhabitants of the Pale, against whom nothing was known, were eager to accept the pardon. As early as 1575 William Nugent had fallen under the suspicion of the Government, and was supposed to have an understanding with Baltinglas from the first. He eluded capture during the winter of 1580, and in March 1581 it was announced that he had conspired with some 300 of the O’Connors and MacCoghlans to raise an insurrection. A few weeks later he fled to Tirlogh Luineach O’Neill, who flatly refused to surrender him to the Lord Deputy, when he appeared in person at the Blackwater. In the autumn Nugent was back in the Pale, and suing for mercy; but he got no encouragement, and added to the weight of his offence by helping the mountain rebels to harry some of the Archbishop of Dublin’s property. When Baltinglas fled a month or two later, he made his way back to Ulster, and thence to Scotland and the Continent. A very large number of his friends and neighbours were more or less implicated, and it is easy to see why so many gentlemen of the Pale were anxious to cover themselves by accepting a pardon.[81]
Maltby in Connaught.
Clanricarde was in confinement at the time of the Smerwick affair, and it is doubtful how far he had the power to influence his sons. He persuaded the younger, William, to ask for protection, but could not make him observe the implied conditions. Maltby granted it only with a view of weakening the two elder brothers. In the meantime, and no doubt having an understanding with the Earl’s sons, 600 well-armed Scots invaded the province. They were to be paid at the rate of 4,200l. a quarter, and it was supposed that their presence would turn the scale in favour of Richard-in-Iron, Grace O’Malley’s husband, who claimed to be Lower MacWilliam by popular election only, and against Richard MacOliver, who had been made tanist by the Queen. John Burke took advantage of the occasion to plan an attack on the O’Kellies, and the Scots encamped near Shrule, where they engaged to meet the Burkes on the 1st of March. Three days before the appointed time, Maltby made his appearance. Richard-in-Iron, who had advanced within ten miles of Shrule, at once drew back into Mayo, and the Clanricarde Burkes, hearing of the President’s movements, never stirred at all. The Scots were surprised, and Maltby, after killing a few, drove them before him to the Moy. They crossed the river, and he followed, but they made good their retreat into Ulster. The President then recrossed, and at Strade Abbey the two competitors for the chiefry of Mayo met him. They were both submissive enough to Maltby, but not at all polite to each other. Richard MacOliver said Richard-in-Iron was a traitor, that all those who elected him were traitors, and that he himself would refuse to be MacWilliam, except by the Queen’s appointment. The other told him he lied, and the President had to remind them that this was very improper language to use in the presence of the Queen’s representative. It was agreed that Richard-in-Iron should be MacWilliam, and that MacOliver should be sheriff of Mayo, receiving 40l. a year out of the chief-rent of his barony of Tyrawley.[82]
Clanricarde’s son hanged.
About three months later William Burke, though he was under protection, took to plundering people on the highway, and had even the audacity to offer their goods for sale at Galway. He behaved so outrageously that the townsmen laid hands on him. Nine of his men were executed by martial law, and Maltby held special sessions for the trial of the chief offender. The Grand Jury found a bill for treason, and the prisoner was then tried and convicted. The verdict was considered proof of Burke having violated his protection. The Irish annalists insinuate a breach of faith; but even a free pardon would not save a subject from the consequence of acts done after its date, and Maltby seems to have been legally justified. He refused 1,000l. for the prisoner’s life, and a like sum for that of Tirlogh O’Brien, a noted rebel who was executed two days before.[83]
John of Desmond is slain.