At length, after a narrow escape from a surprise, from which he rescued himself only by the connivance of the Irish kerne who were with the party sent to take him, the young earl, as he now called himself, weary of his wandering life, and when no Spaniards came, seeing that his cause was for the present hopeless offered to surrender. It was by this time August, and Lord Leonard Grey, his father's brother-in-law, was present with the army. To him he wrote from O'Connor's Castle, in King's County, apologizing for what he had done, desiring pardon "for his life and lands," and begging his kinsman to interest himself in his behalf. If he could obtain his forgiveness, he promised to deserve it. If it was refused, he said that he "must shift for himself the best that he could."[376]

[Sidenote: Grey suggests an interview.]

[Sidenote: August 18.]

[Sidenote: Fitzgerald meets him,]

[Sidenote: And surrenders on a dubious promise of pardon.]

In reply to this overture, Grey suggested an interview. The appointment of so near a relative of the Kildare's to high office in Ireland had been determined, we may be sure, by the Geraldine influence in the English council. The marshal was personally acquainted with Fitzgerald, and it is to be observed that the latter in writing to him signed himself his "loving friend." That Lord Leonard was anxious to save him does not admit of a doubt; he had been his father's chief advocate with the king, and his natural sympathy with the representative of an ancient and n.o.ble house was strengthened by family connexion. He is not to be suspected, therefore, of treachery, at least towards his kinsman. The interview was agreed upon, and on the eighteenth of August, Grey, with Sir Rice Mansell, Chief Justice Aylmer, Lord James Butler, and Sir William St. Loo, rode from Maynooth into King's County, where, on the borders of the Bog of Allen, Fitzgerald met them. Here he repeated the conditions upon which he was ready to surrender. Lord Grey said that he had no authority to entertain such conditions; but he encouraged the hope that an unconditional surrender would tell in his favour, and he promised himself to accompany his prisoner to the king's presence.

Fitzgerald interpreting expressions confessedly intended "to allure him to yield,"[377] in the manner most favourable to himself, placed himself in the hands of the marshal, and rode back with him to the camp.

[Sidenote: Embarra.s.sment of the government.]

[Sidenote: If Fitzgerald was spared, the government of Ireland was impossible.]

[Sidenote: Yet, were the English ent.i.tled to reap the benefit of his capture?]

The deputy wrote immediately to announce the capture. Either the terms on which it had been effected had not been communicated to him, or he thought it prudent to conceal them, for he informed Henry that the traitor had yielded without conditions, either of pardon, life, lands, or goods, "but only submitting to his Grace's mercy."[378] The truth, however, was soon known; and it occasioned the gravest embarra.s.sment.

How far a government is bound at any time to respect the unauthorized engagements of its subordinates, is one of those intricate questions which cannot be absolutely answered;[379] and it was still less easy to decide, where the object of such engagements had run a career so infamous as Lord Thomas Fitzgerald. No pirate who ever swung on a well-earned gallows had committed darker crimes, and the king was called upon to grant a pardon in virtue of certain unpermitted hopes which had been held out in his name. He had resolved to forgive no more n.o.ble traitors in Ireland, and if the archbishop's murder was pa.s.sed over, he had no right to affect authority in a country where he was so unable to exert it. On the other hand, the capture of so considerable a person was of great importance; his escape abroad, if he had desired to leave the country, could not have been prevented; and while the government retained the benefit which they derived from his surrender, their honour seemed to be involved in observing the conditions, however made, by which it had been secured.

[Sidenote: The Duke of Norfolk advises delay of punishment.]

[Sidenote: Fitzgerald is hanged the following year at Tyburn.]

It is likely, though it is not certain, that Lord Leonard foresaw the dilemma in which Henry would be placed, and hoped by means of it to secure the escape of his kinsman. His own ultimate treason throws a shadow on his earlier loyalty; and his talent was fully equal to so ingenious a fraud. He had placed the king in a position from which no escape was possible that was not open to grave objection. To pardon so heavy an offender was to violate the first duty of government, and to grant a general licence to Irish criminality; to execute him was to throw a shadow indirectly on the king's good faith, and lay his generals open to a charge of treachery. Henry resolved to err on the side on which error was least injurious. The difficulty was submitted to the Duke of Norfolk, as of most experience in Irish matters. The duke advised that execution should be delayed; but added significantly, "quod defertur non aufertur."--Pardon was not to be thought of; the example would be fatal.[380] Immediate punishment would injure the credit of Lord Grey, and would give occasion for slander against the council.[381]

The best course would be to keep "the traitor" in safe prison, and execute him, should it seem good, at a future time.[382] This advice was followed. Fitzgerald, with his uncles, who had all been implicated in the insurrection, was committed to the Tower; and in the year following they were hanged at Tyburn.

So ended the rebellion in Ireland; significant chiefly because it was the first in which an outbreak against England a.s.sumed the features of a war of religion, the first which the pope was especially invited to bless, and the Catholic powers, as such, to a.s.sist. The features of it, on a narrow scale, were identical with those of the later risings.

Fostered by the hesitation of the home authorities, it commenced in bravado and murder; it vanished before the first blows of substantial resistance. Yet the suppression of the insurrection was attended by the usual Irish fatality: mistake and incompleteness followed the proceedings from the beginning to the end; and the consciousness remained that a wound so closed would not heal, that the moral temper of the country remained unaffected, and that the same evils would again germinate.

NOTES:

[277] "Panderus, or the author of a book, _De Salute Populi_, flourished in the reigns of Edward IV., Edward V., Richard III., and Henry VII.; perhaps also in the reign of Henry VIII."--Sir James Ware, _Writers of Ireland_, p. 90.

[278] State of Ireland, and plan for its reformation, 1515: _State Papers_, Vol. II. p. 11.

[279] Some men have the opinion that this land is harder to be reformed now than it was to be conquered at the first Conquest; considering that Irishmen have more hardiness and policy and war, and more arms and artillery than they had at the Conquest. At that time there was not in all Ireland, out of cities, five Castles ne Piles, and now there be five hundred Castles and Piles.--Baron Finglas's _Breviate of Ireland_, written circa 1535. Harris's _Hibernica_, p. 88.

[280] In every of the said five portions, Ulster, Connaught, Leinster, South Munster, and West Munster, that was conquered by King Henry Fitz-Empress, [there were] left under tribute certain Irishmen of the princ.i.p.al blood of the Irish nation, that were before the Conquest inhabitants within every of the said portions; as in Leinster, the Cavanaghs of the blood of M'Morough, sometime king of the same; in South Munster, the M'Carties, of the blood of the Carties, sometime kings of Cork; in the other portions of Munster, west of the river Shannon (Clare), where O'Brien is, which was never conquered in obedience to the king's laws, O'Brien and his blood have continued there still, which O'Brien gave tribute to King Henry Fitz-Empress, and to his heirs, by the s.p.a.ce of one hundred years. In Connaught was left under tribute certain of the blood of O'Connor, sometime king of the same; certain of the Kellies, and others. In Ulster were left certain of the Neales, of the blood of the O'Neale. In Meath were left certain of the blood of O'Melaghlin, sometime king of the same; and divers others of Irish nations.--Baron Finglas's _Breviate_. Harris, p. 83.

[281] Th.o.m.ond seems to have been an exception.

[282] See Finglas's _Breviate_. 23 Hen. VI. cap. 9: _Irish Statute Book_. 28 Hen. VIII. cap. 3: Ibid. It seems in many cases to have been the result of accident, Irish lands descending to heiresses who married into English families. In other instances, forfeited estates were granted by the crown to English favourites. The receiving rents, however, even though by unwilling absentees, was treated as a crime by Henry VIII.; and English n.o.blemen, to whom estates in Ireland had fallen, either by marriage or descent, on which they were unable to reside, were expected to grant such estates to other persons who were able to reside upon them, and willing. The wording of the Act of Absentees, pa.s.sed in 1536, is very remarkable. "Forasmuch as it is notorious and manifest that this the king's land of Ireland, heretofore being inhabited, and in due obedience and subjection unto the king's most n.o.ble progenitors, hath princ.i.p.ally grown unto ruin, dissolution, rebellion, and decay, by occasion that great dominions, lands, and possessions within the same, as well by the king's grants as by course of inheritance and otherwise have descended to n.o.blemen of the realm of England, who having the same, demouring within the said realm of England ... taking the profits of their said lands and possessions for a season, without provision making for any defence or keeping thereof in good order ... in their absence, and by their negligence have suffered the wild Irishrie, being mortal and natural enemies to the Kings of England, to enter and hold the same without resistance; the conquest and winning whereof in the beginning not only cost the king's n.o.ble progenitors charges inestimable, but also those to whom the land was given, then and many years after abiding within the said land, n.o.bly and valiantly defended the same, and kept such tranquillity and good order, as the Kings of England had due subjection of the inhabitants thereof, and the laws were obeyed ... and after the gift or descent of the lands to the persons aforesaid, they and their heirs absented themselves out of the said land of Ireland, not pondering nor regarding the preservation thereof ... the King's Majesty that now is, intending the reformation of the said land, to foresee that the like shall not ensue hereafter, with the consent of his parliament," p.r.o.nounces FORFEITED the estates of all absentee proprietors, and their right and t.i.tle gone.

[283] "The MacMahons in the north were anciently English, to wit, descended from the Fitz-Ursulas, which was a n.o.ble family in England; and the same appeareth by the significance of their Irish names.

Likewise the M'Sweenies, now in Ulster, were recently of the Veres in England; but that they themselves, for hatred of the English, so disguised their names." Spenser's _View of the State of Ireland_. So the De Burghs became Bourkes or Burkes; the Munster Geraldines merged their family names in that of Desmond; and a younger branch of them called themselves M'Shehies.

[284] _Statutes of Kilkenny._ Printed by the Irish Antiquarian Society.

Finglas's _Breviate_.

[285] The phenomenon must have been observed, and the inevitable consequence of it foreseen, very close upon the Conquest, when the observation digested itself into a prophecy. No story less than three hundred years old could easily have been reported to Baron Finglas as having originated with St. Patrick and St. Columb. The Baron says--"The four Saints, St. Patrick, St. Columb, St. Braghan, and St. Moling, many hundred years agone, made prophecy that Englishmen should conquer Ireland; and said that the said Englishmen should keep the land in prosperity as long as they should keep their own laws; and as soon as they should leave and fall to Irish order, then they should decay."--Harris, p. 88.

[286] Report on the State of Ireland, 1515: _State Papers_, Vol. II. pp.

17, 18.

[287] Some sayeth that the English n.o.ble folk useth to deliver their children to the king's Irish enemies to foster, and therewith maketh bands.--_State Papers_, Vol. II. p. 13.

[288] "Harpers, rhymers, Irish chroniclers, bards, and ishallyn (ballad singers) commonly go with praises to gentlemen in the English pale, praising in rhymes, otherwise called 'danes,' their extortions, robberies, and abuses as valiantness; which rejoiceth them in their evil doings, and procures a talent of Irish disposition and conversation in them."--Cowley to Cromwell: Ibid. Vol. II. p. 450. There is a remarkable pa.s.sage to the same effect in Spenser's _View of the State of Ireland_.

[289] State of Ireland, and plan for its reformation: _State Papers_, Vol. II. p. 28.

[290] Report on the State of Ireland: _State Papers_, Vol. II. p. 22.

[291] Baron Finglas, in his suggestions for a reformation, urges that "no black rent be given ne paid to any Irishman upon any of the four shires from henceforward."--Harris, p. 101. "Many an Irish captain keepeth and preserveth the king's subjects in peace without hurt of their enemies; inasmuch as some of those hath tribute yearly of English men ... not to the intent that they should escape harmless; but to the intent to devour them, as the greedy hound delivereth the sheep from the wolf."--_State Papers_, Vol. II. pp. 16, 17.

[292] _Eudoxus_--What is that which you call the Brehon Law? It is a word unto us altogether unknown.

_Irenaeus_--It is a rule of right, unwritten, but delivered by tradition from one to another, in which oftentimes there appeareth great show of equity in determining the right between parties, but in many things repugning quite both to G.o.d's law and man's. As, for example, in the case of murder, the Brehon, that is, their judge, will compound between the murderer and the friends of the party murdered, which prosecute the action, that the malefactor shall give unto them or unto the child or wife of him that is slain, a recompence which they call an Eriarch. By which vile law of theirs many murders are made up and smothered. And this judge being, as he is called, the Lord's Brehon, adjudgeth, for the most part, a better share unto his Lord, that is the Lord of the soil, or the head of that sept, and also unto himself for his judgment, a greater portion than unto the plaintiffs or parties grieved.--Spenser's _View of the State of Ireland_. Spenser describes the system as he experienced it in active operation. Ancient written collections of the Brehon laws, however, existed and still exist.

[293] By relation of ancient men in times past within remembrance, all the English lords and gentills within the pale heretofore kept retinues of English yeomen in their houses, after the English fashion, according to the extent of their lands, to the great strength and succour of their neighbours the king's subjects. And now for the most part they keep hors.e.m.e.n and knaves, which live upon the king's subjects; and keep in manner no hospitality, but live upon the poor.--The Council of Ireland to the Master of the Rolls, 1533: _State Papers_, Vol. II. p. 163.

[294] _State Papers_, Vol. II. pp. 1, 5, 6.

[295] _State Papers_, Vol. II. p. 14.

[296] The deputy useth to make great rodes, journeys, and hostings, now in the north parts of Ulster, now in the south parts of Munster, now in the west parts of Connaught, and taketh the king's subjects with him by compulsion oft times, with victual for three or four weeks, and chargeth the common people with carriage of the same, and giveth licence to all the n.o.ble folk to cesse and rear their costs on the common people and on the king's poor subjects; and the end of that journey is commonly no other in effect, but that the deputy useth to receive a reward of one or two hundred kyne to himself, and so depart, without any more hurt to the king's enemies, after that he hath turned the king's subjects and the poor common folk to their charge and costs of two or three thousand pounds. And over that, the deputy, on his progress and regress, oppresseth the king's poor common folk with horse meat and man's meat to all his host. And over that, in summer, when gra.s.s is most plenty, they must have oats or malt to their horse at will, or else money therefor.

The premises considered, some saith the king's deputy, by extortion, chargeth the king's poor subjects and common folk, in horse meat and man's meat, by estimation, to the value of a hundred pound every day in the year, one day counted with another, which cometh to the sum of 36,000 pounds yearly.--_State Papers_, Vol. II. p. 13. Finglas says that coyne and livery would destroy h.e.l.l itself, if it was used there.--Finglas's _Breviate_.

[297] The wretchedness of the country drove the Irish to emigrate in mult.i.tudes. In 1524, twenty thousand of them had settled themselves in Pembrokeshire; and the majority of these had crossed in a single twelvemonth. They brought with them Irish manners, and caused no little trouble. "The king's town of Tenby," wrote a Welsh gentleman to Wolsey, "is almost clean Irish, as well the head men and rulers as the commons of the said town; and of their high and presumptuous minds [they] do disobey all manner the king's process that cometh to them out of the king's exchequer of Pembroke."--R. Gryffith to Cardinal Wolsey: Ellis, first series, Vol. I. p. 191, &c.

[298] Leland, Vol. II. p. 110.

[299] Campion's _History of Ireland_. Leland, Vol. II. p. 111.

[300] Campion. Leland.

[301] The earl married Elizabeth, daughter of Oliver St. John, while in London.

[302] Report to Cromwell, apparently by Allen, Master of the Rolls: _State Papers_, Vol. II. p. 175.

[303] Henry VIII. to the Earl of Surrey: _State Papers_, Vol. II. pp.

52, 53.

[304] This is one of them, and another of similar import was found to have been sent to O'Neile. "Life and health to O'Carroll, from the Earl of Kildare. There is none Irishman in Ireland that I am better content with than with you; and whenever I come into Ireland, I shall do you good for anything that ye shall do for me; and any displeasure that I have done to you, I shall make you amends therefore, desiring you to keep good peace to Englishmen till an English deputy shall come there; and when an English deputy shall come thither, do your best to make war upon Englishmen then, except such as be toward me, whom you know well yourself."--_State Papers_, Vol. II. p. 45.