Shane was now anxious to be gone as speedily as possible, but certain of the English ministers were inclined to detain him. The agreement made, they said, was that he should return home safely, but when was not specified. Without violation of the words of the safe conduct, he might be forced to remain in England for any length of time they chose. It might well have happened that they should have taken advantage of this quibble, and that Shane should have seen his native land no more, but for the news that came from Ireland in spring. Ulster, it was declared, was in as bad a state of disorder as ever it had been, and young Brian, “the Earl of Tyrone,” as the English called him, had been murdered by the followers of Turlough Lynnach O’Neill, a cousin of his. Things being in this state, it seemed best to send Shane back, and so in May he was sent.
Before leaving London, however, he had been required to sign certain conditions. Afterwards, he declared that, of his own free will, he never would have consented to them, and so did not hold himself bound to observe what he had subscribed. Yet the conditions seem far from dishonourable or derogatory to him. They place him in the position of a tributory prince ; confirming his authority over his sub-chiefs, and making him independent of the Deputy, except for the obligation of attending his ” hostings.” Shane did not linger in Dublin, which he reached on May 26th (1562). As fast as a fleet horse could carry him, he sped back to his native Ulster.
In the midst of all this a Parliament (June 1556) was opened in Dublin, in the name of Mary and of Philip her husband. The ecclesiastical legislation of Henry VIII was reversed, but the grants of the abbey lands were confirmed. Two Acts relate to the Leix and Offaly settlement. The former asserts that ” the counties of Leix, Slewmarge, Offallie, Errie and Glenmalier belong of right to the King’s and Queen’s most excellent Majesties.” Leave was given to Sussex (Fitzwalter had succeeded to this title) to colonise these lands with ” their Majesties’ subjects, English or Irish,” making them grants of estates. The latter Act enacts that the lands shall be ” shired,” receiving the names of Queen’s Co. and King’s Co., in compliment to Mary and her husband. Sheriffs and other needful officials should be appointed for the new counties. This was all very well on parchment, but most of the districts to be shired and ” civilised ” were still in the power of the native tribes, ar»d seemed likely for the present to remain so. Two expeditions of Sussex, in the summer and the autumn of 1556, produced little result
. To follow the course of the war would be tedious. By constant raids the lands were wasted and ruined. The clansmen when worsted, withdrew to the hills and woods, whence they emerged, as opportunities offered, to slay and spoil the settlers. Eighteen times the O’Mores rose in rebellion.
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Fitzwalter was furnished with precise instructions in regard to the carrying out of the scheme by which Leix and Offaly were to be planted with English settlers. Only a part of the boggy western lands was to be reserved for the native Irish. All, English and Irish alike, were to hold their lands from the Crown, paying rent and dues and conforming themselves to the English laws. The settlers were not to sell their estates, or any part of them, to the Irish, nor to take them as tenants.
The purchase or use of firearms was forbidden to the Irish. It was not to be expected that this wholesale confiscation, unjustified, in the case at least of most of the lands involved, by any legal right* would be tamely submitted to, even by people far less warlike than the O’Mores and O’Connors. At first indeed things seemed to go smoothly. In September i,,c6) Donough and Barry O’Connor made their submissions to the Deputy, confessing, if the English account is to be believed, that they had wrongfully held the lands of Offaly, and promising to receive thankfully whatever estates should be granted them and their people. Connell Og, the O’More chief, followed their example.
The Deputy, with the easy optimism of the newly-arrived English official, believed that all the trouble was over, and that nothing now remained but to arrange details. He was soon undeceived ; though the disasters which followed were doubtless, to some extent, due to his own treachery. In violation of a safe conduct, he detained Donough a prisoner, and only released him on the strong protest of the Earls of Kildare and Ormond, who had been his securities.