This event brought matters to a crisis, and Shane’s cause was triumphant. By articles entered into between him and the Queen it was agreed that he was to be constituted captain or governor of Tyrone ’in the same manner as other captains of the said nation called O’Nele’s had rightfully executed that office in the time of King Henry VIII. And, moreover, he was to enjoy and have the name and title of O’Nele, with the like authority as any other of his ancestors, with the service and homage of all the lords and captains called urraughts, and other nobles of the said nation of O’Nele.’ All this was upon the condition ’that he and his said nobles should truly and faithfully, from time to time, serve her Majesty, and, where necessary, wage war against all her enemies in such manner as the Lord Lieutenant for the time being should direct.’ The title of O’Neill, however, was to be contingent on the decision of Parliament as to the validity of the letters-patent of Henry VIII. Should that decision be unfavourable, he was to enjoy his powers and prerogatives under the style and title of the Earl of Tyrone, with feudal jurisdiction over the northern counties. The Pale was to be no shelter to any person whom he might demand as a malefactor. If any Irish lord or chief did him wrong, and the deputy failed within twenty-one days to exact reparation, Shane might raise an army and levy war on his private account. An exception was made on behalf of the loyal O’Donel, whose cause was to be submitted to the arbitration of the Irish earls. The ‘indenture’ between the Queen and O’Neill was signed by the high contracting parties, and bears date April 30, 1562. The English historian indignantly remarks: ’A rebel subject treating as an equal with his sovereign for the terms on which he would remain in his allegiance was an inglorious spectacle; and the admission of Shane’s pretensions to sovereignty was one more evidence to the small Ulster chiefs that no service was worse requited in Ireland than fidelity to the English crown. The Maguires, the O’Reillys, the O’Donels—all the clans who had stood by Sussex in the preceding summer—were given over to their enemy bound hand and foot. But Elizabeth was weary of the expense, and sick of efforts which were profitless as the cultivation of a quicksand. True it was that she was placing half Ireland in the hands of an adulterous, murdering scoundrel, but the Irish liked to have it so, and she forced herself to hope that he would restrain himself for the future within the bounds of decency.’[1]
[Footnote 1: Froude.]
In that hope she was soon disappointed. Shane with his galloglasse returned in glory, his purse lined with money and honour wreathed about his brows. He told the northern chiefs that he had gone to England not to lose but to win, and that they must henceforth submit to his authority, or feel his power. The O’Donels, relying on English promises, dared to refuse allegiance to the O’Neill, whereupon,