Brian O'Rourke
Encyclopedia
Lord Brian na Múrtha Ó Ruairc (1540? – 1591), hereditary lord of West Bréifne in Ireland
during the later stages of the Tudor conquest of that country, was proclaimed by the English to be a rebel and became the first man extradited
within Britain
for crimes alleged to have been committed in Ireland.
ic chieftain. He assumed leadership of his family in the mid-1560s, having assassinated his elder brothers, but his territory of west Bréifne on the border of Ulster
soon came under the administration of the newly created Presidency of Connacht
. His territory was centred on the banks of Lough Gill
and in the area of Dromahair
. Foundations of an O'Rourke tower house
can be seen today at Parke's Castle
, close to Dromahair.
Although the English
knighted Ó Ruairc, in time they became unsettled by him. The English lord deputy, Sir Henry Sidney
, described him in 1575 as the proudest man he had dealt with in Ireland. Similarly, the president of Connacht, Sir Nicholas Malby
, put him down as, "the proudest man this day living on the earth". A decade later Sir Edward Waterhouse
thought of him as, "being somewhat learned but of an insolent and proud nature and no further obedient than is constrained by her Majesty's forces".
. But his allegiance was called in question within two years, during the Second Desmond Rebellion
in Munster
, when he rose out in defiance of the Connaught presidency. It was suspected his actions were induced by an involvement with the Old English family of the Dillon
s in adjacent Meath, who were engaged in an effort to spread their influence and possessions in the northern midlands, rather than by outright collusion in the rebel Geraldine
cause.
Sir Richard Bingham took up the presidency of Connacht in 1584, when Sir John Perrot
was appointed lord deputy of Ireland. Ó Ruairc immediately complained of harassment by the new president in the spring and summer of that year, and in September Bingham was ordered by his superior in Dublin Castle
to temporise and refrain from making expeditions into Bréifne. Although part of the province of Connacht
, the territory was not subject to a crown sheriff, and Ó Ruairc was happy to preserve his freedom of action. He did maintain relations with the Dublin government by his attendance at the opening of parliament in 1585, where he was noted to have dressed all in black in the company of his strikingly beautiful wife.
In preparation for the Composition of Connaught, whereby the lords of that province were to enter an agreement with the government to regularise their standing, Ó Ruairc surrendered his lordship in 1585. He was thus due to receive a regrant of his lands by knights service in return for a chief horse and an engraved gold token to be presented to the lord deputy each year at midsummer. It seemed a balanced compromise, but Ó Ruairc declined to accept the letters patent and never regarded his terms as binding.
By May 1586 the tension with the president had mounted, and Ó Ruairc brought charges against him before the council at Dublin, which were dismissed as vexatious. Bingham believed that Perrot had been behind this attempt on his authority, but there was little he could do before his recall to England for service in the Lowlands
in 1587; upon the president's departure (he was to return within a year), Perrot slashed Ó Ruairc's annual composition dues and, while permitting him to levy certain illegal exactions, appointed the Lord of West Bréifne sheriff of Leitrim for a term of two years.
- including Francisco de Cuellar
- to depart the country in the winter of 1588, and was regarded as friendly to future receptions of Spanish
forces. Although not proclaimed as a rebel, he put up a forcible resistance to the presidency - again under Binghams's command - and would not be bridled.
Ó Ruairc's demands against the government grew with the violence on the borders of west Breifne. In peace talks in 1589, he did accept the terms of a crown tribute that had been agreed by his grandfather, but resisted the composition terms of 1585 and refused to allow the formation of a crown administration in the new county Leitrim. Instead, he sought appointment as seneschal
under the direct authority of the Dublin government, leaving him independent of Bingham. He also sought safe possession of his lands, a safe-conduct for life, and a guarantee of freedom from harassment by the president's forces of any merchants entering his territory. In return, the only pledge he was willing to give was his word. A member of the Dublin council, Robert Dillon
of the Meath family, advised him to stay out - intimating that Ó Ruairc would be taken into custody if he came in and submitted to crown authority - and Ó Ruairc declined the government's offers.
, pressure was increased on the territories bordering the province of Ulster
. Thus, in the spring of 1590, Bingham's forces occupied west Breifne and O'Rourke fled; later that year the adjacent territory of Monaghan
was seized by the crown after the execution at law of the resident lord, Aodh Rua Mac Mathúna.
O'Rourke fetched up in Scotland
in February 1591, with "six fair Irish hobbies and four great dogs to be presented to the king". He was seeking not only asylum but also the opportunity to recruit mercenaries
to contest the occupation of his territories. In consultation with the English ambassador, King James VI denied him an audience, and Queen Elizabeth (relying on the Treaty of Berwick
1586) made a strong request for the delivery of O'Rourke into her custody.
The matter was put to the Scottish privy council, which readily ordered - in the face of some objections - the arrest and delivery to English crown forces of the rebel Irish lord. Elizabeth's councillors had explicitly held out the prospect of clemency for O'Rourke, and certain Scots councillors agreed to the extradition, in the supposed expectation that his life would be spared. The expectation was to be disappointed, an experience the king himself suffered in the years afterward, when extradition requests for Bothwellites were denied by the English.
O'Rourke was arrested in Glasgow
, where the townsmen sought a stay on his delivery into custody, fearing for their Irish trade. The denial of their request caused an outcry, and the king's officers were cursed as knights of Elizabeth with the allegation that the Scottish king had been bought with English angels (a reference to the pension the king received from England). Several of O'Rourke's creditors feared that his debts would go unpaid, but the English ambassador later made a contribution of £47. O'Rourke was removed from Glasgow
in the afternoon of April 3, 1591 in the midst of a riot. Two ships on the west coast were looted, and, after some crews had been killed by Irishmen in protest at O'Rourke's treatment, guards had to be mounted on all vessels sailing to Ireland.
, where he was kept in close custody as legal argument began. Although treason
trials in the Tudor period had more to do with political theatre than the administration of justice, the matter was not a foregone conclusion: there was a serious question over whether O'Rourke could be tried in England for treason committed in Ireland. The judges delivered a mixed, preliminary opinion, that the trial could go ahead under a treason statute enacted under King Henry VIII
.
Meanwhile, articles had been framed at Dublin against O'Rourke with the reluctant aid of Bingham (curiously, he complained of being bullied into his testimony), and there was also an indictment laid by a jury in Sligo
. These matters were transferred to England, where the grand jury of Middlesex
found evidence of various offences of treason, the most substantial of which concerned the assistance given to Armada survivors, the attempt to raise mercenaries in Scotland, and various armed raids made by O'Rourke into Sligo and Roscommon
. There was one further charge that related to an odd incident in 1589, when a representation of the Queen (whether a wood-carving or painting is not known) was said to have been tied to a horse's tail at O'Rourke's command and dragged in the mud . This was referred to as the treason of the image, but it has been suggested that it was merely an ancient new year's ritual, deliberately misconstrued for the benefit of the indictment process.
O'Rourke was arraigned on the 28th of October 1591 and the indictment was translated for him into Irish
by a native speaker. One observer said he declined to plead, but the record states that a plea of not guilty was entered (probably at the direction of the court). The defendant was asked how he wished to be tried and answered that he would submit to trial by jury if he were given a week to examine the evidence, then allowed a good legal advocate, and only if the Queen herself sat in judgment. The judge declined these requests and explained that the jury would try him anyway. O'Rourke responded, "If they thought good, let it be so". The trial proceeded and O'Rourke was convicted and sentenced to death.
On the 3rd of November 1591, O'Rourke was drawn to Tyburn
. On the scaffold Miler Magrath
, Archbishop of Cashel
, sought the repentance of the condemned man's sins. In response, he was abused by O'Rourke with jibes over his uncertain faith and credit and dismissed as a man of depraved life who had broken his vow by abjuring the rule of the Franciscans. O'Rourke then suffered execution of sentence by hanging and quartering.
In his essay on Customs, Francis Bacon
refers to an Irish rebel hanged at London, who requested that the sentence be carried out, not with a rope halter, but with a willow withe - a common instrument amongst the Irish: it is probable that O'Rourke was the rebel referred to.
within Britain
and a trial for treason committed "beyond the seas". Evidence of his treason was used in the trial of Perrot
later in the year, which also resulted in conviction, and the subsequent pursuit of an aggressive policy against the lords of Ulster led to the outbreak of the Nine Years War. In the end, O'Rourke had fallen prey to forces that were moving to establish a new polity in Britain, of which James VI became the first monarch little more than a decade later.
. Among his children were two sons, Brian Óg
(his tanist) and Teig, who succeeded him. The former was instrumental in the Irish victory at the Battle of Curlew Pass
during the Nine Years War. O'Rourke's seignory was confiscated and later given to Teig in the next reign, but in principle Leitrim remained part of the Connaught composition - at Bingham's insistence - and did not suffer as radical a land settlement as Monaghan.
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
during the later stages of the Tudor conquest of that country, was proclaimed by the English to be a rebel and became the first man extradited
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
within Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
for crimes alleged to have been committed in Ireland.
Early life
Ó Ruairc claimed descent from one of the ancient kings of Ireland, and was remarked upon as a handsome and unusually learned GaelGaël
Gaël is a commune in the Ille-et-Vilaine department of Brittany in north-western France.It lies southwest of Rennes between Saint-Méen-le-Grand and Mauron...
ic chieftain. He assumed leadership of his family in the mid-1560s, having assassinated his elder brothers, but his territory of west Bréifne on the border of Ulster
Ulster
Ulster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
soon came under the administration of the newly created Presidency of Connacht
Connacht
Connacht , formerly anglicised as Connaught, is one of the Provinces of Ireland situated in the west of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for...
. His territory was centred on the banks of Lough Gill
Lough Gill
Lough Gill is a freshwater lough mainly situated in County Sligo, but partly in County Leitrim, in Ireland. It is about 8 km or 5 miles long and 2 km or 1 mile wide, and drains into the River Garavogue near Sligo Town. The picturesque lake is surrounded by wooded hills and is popular with...
and in the area of Dromahair
Dromahair
Dromahair is a small village in County Leitrim, Ireland. Dromahair is 10 km from Manorhamilton and 17 km from Sligo town.-Geography:Dromahair lies in the hilly north west of Leitrim amid some stunning unspoiled natural landscapes...
. Foundations of an O'Rourke tower house
Tower house
A tower house is a particular type of stone structure, built for defensive purposes as well as habitation.-History:Tower houses began to appear in the Middle Ages, especially in mountain or limited access areas, in order to command and defend strategic points with reduced forces...
can be seen today at Parke's Castle
Parke's Castle
Rising three storeys tall, in an idyllic setting on the banks of Lough Gill, in County Leitrim in Ireland, Parke’s Castle is a plantation era castle. In 1610 Roger Parke completed his fortified manor house on the site of an earlier fifteenth-century O'Rourke castle...
, close to Dromahair.
Although the English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
knighted Ó Ruairc, in time they became unsettled by him. The English lord deputy, Sir Henry Sidney
Henry Sidney
Sir Henry Sidney , Lord Deputy of Ireland was the eldest son of Sir William Sidney of Penshurst, a prominent politician and courtier during the reigns of Henry VIII and Edward VI, from both of whom he received extensive grants of land, including the manor of Penshurst in Kent, which became the...
, described him in 1575 as the proudest man he had dealt with in Ireland. Similarly, the president of Connacht, Sir Nicholas Malby
Nicholas Malby
Sir Nicholas Malby was an English soldier active in Ireland, Lord President of Connaught from 1579 to 1581.-Life:He was born probably about 1530. In 1556 his name appears in a list of persons willing to take part in the plantation of Leix in Ireland...
, put him down as, "the proudest man this day living on the earth". A decade later Sir Edward Waterhouse
Edward Waterhouse
Sir Edward Waterhouse , was the English chancellor of the exchequer in Ireland.-References:...
thought of him as, "being somewhat learned but of an insolent and proud nature and no further obedient than is constrained by her Majesty's forces".
Connacht
Ó Ruairc was willing to deal with the government, and in an agreement concluded with Malby in 1577 he recognised the sovereignty of the Irish crown under Elizabeth IElizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. But his allegiance was called in question within two years, during the Second Desmond Rebellion
Second Desmond Rebellion
The Second Desmond rebellion was the more widespread and bloody of the two Desmond Rebellions launched by the FitzGerald dynasty of Desmond in Munster, Ireland, against English rule in Ireland...
in Munster
Munster
Munster is one of the Provinces of Ireland situated in the south of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial purposes...
, when he rose out in defiance of the Connaught presidency. It was suspected his actions were induced by an involvement with the Old English family of the Dillon
Dillon (surname)
Dillon is a family name of Irish origin. It has frequently been used to anglicise Dilleen in Munster and Connacht, while in Leinster it derives from the Norman family name de Leon meaning either "of Lyon" or "of the lion". It is sometimes taken to mean "loyal" or "faithful" by extension from the...
s in adjacent Meath, who were engaged in an effort to spread their influence and possessions in the northern midlands, rather than by outright collusion in the rebel Geraldine
Geraldine
The feminine form of the first name Gerald. Famous women named Geraldine include:*Geraldine Ferraro, United States congresswoman and 1984 Vice Presidential candidate*Geraldine Chaplin, actress*Geraldine Fitzgerald, actress*Geraldine Page, actress...
cause.
Sir Richard Bingham took up the presidency of Connacht in 1584, when Sir John Perrot
John Perrot
Sir John Perrot served as Lord Deputy of Ireland under Queen Elizabeth I of England during the Tudor conquest of Ireland...
was appointed lord deputy of Ireland. Ó Ruairc immediately complained of harassment by the new president in the spring and summer of that year, and in September Bingham was ordered by his superior in Dublin Castle
Dublin Castle
Dublin Castle off Dame Street, Dublin, Ireland, was until 1922 the fortified seat of British rule in Ireland, and is now a major Irish government complex. Most of it dates from the 18th century, though a castle has stood on the site since the days of King John, the first Lord of Ireland...
to temporise and refrain from making expeditions into Bréifne. Although part of the province of Connacht
Connacht
Connacht , formerly anglicised as Connaught, is one of the Provinces of Ireland situated in the west of Ireland. In Ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for...
, the territory was not subject to a crown sheriff, and Ó Ruairc was happy to preserve his freedom of action. He did maintain relations with the Dublin government by his attendance at the opening of parliament in 1585, where he was noted to have dressed all in black in the company of his strikingly beautiful wife.
In preparation for the Composition of Connaught, whereby the lords of that province were to enter an agreement with the government to regularise their standing, Ó Ruairc surrendered his lordship in 1585. He was thus due to receive a regrant of his lands by knights service in return for a chief horse and an engraved gold token to be presented to the lord deputy each year at midsummer. It seemed a balanced compromise, but Ó Ruairc declined to accept the letters patent and never regarded his terms as binding.
By May 1586 the tension with the president had mounted, and Ó Ruairc brought charges against him before the council at Dublin, which were dismissed as vexatious. Bingham believed that Perrot had been behind this attempt on his authority, but there was little he could do before his recall to England for service in the Lowlands
Lowlands
- Geographic regions :* Scottish Lowlands, all of mainland Scotland that isn't the Highlands** see also Central Lowlands* Northern European Lowlands, a region of Europe between the Central Highlands and the North Sea...
in 1587; upon the president's departure (he was to return within a year), Perrot slashed Ó Ruairc's annual composition dues and, while permitting him to levy certain illegal exactions, appointed the Lord of West Bréifne sheriff of Leitrim for a term of two years.
Rebellion
Ó Ruairc remained unhappy with English interference in his territories, and he was also content to be described as a leading Catholic lord. After Perrot's departure, he assisted at least eighty survivors of the Spanish ArmadaSpanish Armada
This article refers to the Battle of Gravelines, for the modern navy of Spain, see Spanish NavyThe Spanish Armada was the Spanish fleet that sailed against England under the command of the Duke of Medina Sidonia in 1588, with the intention of overthrowing Elizabeth I of England to stop English...
- including Francisco de Cuellar
Francisco de Cuellar
Francisco de Cuellar was a Spanish sea captain who sailed with the Spanish Armada in 1588 and was wrecked on the coast of Ireland. He gave a remarkable account of his experiences in the fleet and on the run in Ireland.- Spanish Armada :...
- to depart the country in the winter of 1588, and was regarded as friendly to future receptions of Spanish
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
forces. Although not proclaimed as a rebel, he put up a forcible resistance to the presidency - again under Binghams's command - and would not be bridled.
Ó Ruairc's demands against the government grew with the violence on the borders of west Breifne. In peace talks in 1589, he did accept the terms of a crown tribute that had been agreed by his grandfather, but resisted the composition terms of 1585 and refused to allow the formation of a crown administration in the new county Leitrim. Instead, he sought appointment as seneschal
Seneschal
A seneschal was an officer in the houses of important nobles in the Middle Ages. In the French administrative system of the Middle Ages, the sénéchal was also a royal officer in charge of justice and control of the administration in southern provinces, equivalent to the northern French bailli...
under the direct authority of the Dublin government, leaving him independent of Bingham. He also sought safe possession of his lands, a safe-conduct for life, and a guarantee of freedom from harassment by the president's forces of any merchants entering his territory. In return, the only pledge he was willing to give was his word. A member of the Dublin council, Robert Dillon
Robert Dillon
Robert Dillon is a screenwriter and film producer. In 1976 he was nominated by the Writers Guild of America for Best Drama Written Directly for the Screen for French Connection II. In 2001 he was nominated for an Independent Spirit Award for Best Screenplay for Waking the Dead...
of the Meath family, advised him to stay out - intimating that Ó Ruairc would be taken into custody if he came in and submitted to crown authority - and Ó Ruairc declined the government's offers.
Flight and extradition
Under the government of Perrot's successor as lord deputy, Sir William FitzwilliamWilliam Fitzwilliam (Lord Deputy)
- Early life :FitzWilliam was born at Milton, Northamptonshire, the eldest son of Sir William and grandson of William Fitzwilliam , alderman and sheriff of London, who had been treasurer and chamberlain to Cardinal Wolsey and who purchased Milton in 1506...
, pressure was increased on the territories bordering the province of Ulster
Ulster
Ulster is one of the four provinces of Ireland, located in the north of the island. In ancient Ireland, it was one of the fifths ruled by a "king of over-kings" . Following the Norman invasion of Ireland, the ancient kingdoms were shired into a number of counties for administrative and judicial...
. Thus, in the spring of 1590, Bingham's forces occupied west Breifne and O'Rourke fled; later that year the adjacent territory of Monaghan
County Monaghan
County Monaghan is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Monaghan. Monaghan County Council is the local authority for the county...
was seized by the crown after the execution at law of the resident lord, Aodh Rua Mac Mathúna.
O'Rourke fetched up in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
in February 1591, with "six fair Irish hobbies and four great dogs to be presented to the king". He was seeking not only asylum but also the opportunity to recruit mercenaries
Gallowglass
The gallowglass or galloglass – from , gallóglach – were an elite class of mercenary warrior who came from Norse-Gaelic clans in the Hebrides and Highlands of Scotland between the mid 13th century and late 16th century...
to contest the occupation of his territories. In consultation with the English ambassador, King James VI denied him an audience, and Queen Elizabeth (relying on the Treaty of Berwick
Treaty of Berwick (1586)
The Treaty of Berwick was a 'league of amity' or peace agreement made on July 6, 1586 between Queen Elizabeth I of England and King James VI of Scotland....
1586) made a strong request for the delivery of O'Rourke into her custody.
The matter was put to the Scottish privy council, which readily ordered - in the face of some objections - the arrest and delivery to English crown forces of the rebel Irish lord. Elizabeth's councillors had explicitly held out the prospect of clemency for O'Rourke, and certain Scots councillors agreed to the extradition, in the supposed expectation that his life would be spared. The expectation was to be disappointed, an experience the king himself suffered in the years afterward, when extradition requests for Bothwellites were denied by the English.
O'Rourke was arrested in Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
, where the townsmen sought a stay on his delivery into custody, fearing for their Irish trade. The denial of their request caused an outcry, and the king's officers were cursed as knights of Elizabeth with the allegation that the Scottish king had been bought with English angels (a reference to the pension the king received from England). Several of O'Rourke's creditors feared that his debts would go unpaid, but the English ambassador later made a contribution of £47. O'Rourke was removed from Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
in the afternoon of April 3, 1591 in the midst of a riot. Two ships on the west coast were looted, and, after some crews had been killed by Irishmen in protest at O'Rourke's treatment, guards had to be mounted on all vessels sailing to Ireland.
Trial and execution
O'Rourke was transferred to the Tower of LondonTower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
, where he was kept in close custody as legal argument began. Although treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
trials in the Tudor period had more to do with political theatre than the administration of justice, the matter was not a foregone conclusion: there was a serious question over whether O'Rourke could be tried in England for treason committed in Ireland. The judges delivered a mixed, preliminary opinion, that the trial could go ahead under a treason statute enacted under King Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
.
Meanwhile, articles had been framed at Dublin against O'Rourke with the reluctant aid of Bingham (curiously, he complained of being bullied into his testimony), and there was also an indictment laid by a jury in Sligo
Sligo
Sligo is the county town of County Sligo in Ireland. The town is a borough and has a charter and a town mayor. It is sometimes referred to as a city, and sometimes as a town, and is the second largest urban area in Connacht...
. These matters were transferred to England, where the grand jury of Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
found evidence of various offences of treason, the most substantial of which concerned the assistance given to Armada survivors, the attempt to raise mercenaries in Scotland, and various armed raids made by O'Rourke into Sligo and Roscommon
County Roscommon
County Roscommon is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the town of Roscommon. Roscommon County Council is the local authority for the county...
. There was one further charge that related to an odd incident in 1589, when a representation of the Queen (whether a wood-carving or painting is not known) was said to have been tied to a horse's tail at O'Rourke's command and dragged in the mud . This was referred to as the treason of the image, but it has been suggested that it was merely an ancient new year's ritual, deliberately misconstrued for the benefit of the indictment process.
O'Rourke was arraigned on the 28th of October 1591 and the indictment was translated for him into Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
by a native speaker. One observer said he declined to plead, but the record states that a plea of not guilty was entered (probably at the direction of the court). The defendant was asked how he wished to be tried and answered that he would submit to trial by jury if he were given a week to examine the evidence, then allowed a good legal advocate, and only if the Queen herself sat in judgment. The judge declined these requests and explained that the jury would try him anyway. O'Rourke responded, "If they thought good, let it be so". The trial proceeded and O'Rourke was convicted and sentenced to death.
On the 3rd of November 1591, O'Rourke was drawn to Tyburn
Tyburn, London
Tyburn was a village in the county of Middlesex close to the current location of Marble Arch in present-day London. It took its name from the Tyburn or Teo Bourne 'boundary stream', a tributary of the River Thames which is now completely covered over between its source and its outfall into the...
. On the scaffold Miler Magrath
Miler Magrath
Miler Magrath or Miler McGrath , was born in County Fermanagh, Ireland. He came from a family of hereditary historians to the O'Brien clan. He entered the Franciscan Order and was ordained to the Roman Catholic priesthood...
, Archbishop of Cashel
Archbishop of Cashel
The Archbishop of Cashel is an archiepiscopal title which takes its name after the town of Cashel, County Tipperary in Ireland. The title is still in use in the Roman Catholic Church, but in the Church of Ireland it was downgraded to a bishopric in 1838....
, sought the repentance of the condemned man's sins. In response, he was abused by O'Rourke with jibes over his uncertain faith and credit and dismissed as a man of depraved life who had broken his vow by abjuring the rule of the Franciscans. O'Rourke then suffered execution of sentence by hanging and quartering.
In his essay on Customs, Francis Bacon
Francis Bacon
Francis Bacon, 1st Viscount St Albans, KC was an English philosopher, statesman, scientist, lawyer, jurist, author and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England...
refers to an Irish rebel hanged at London, who requested that the sentence be carried out, not with a rope halter, but with a willow withe - a common instrument amongst the Irish: it is probable that O'Rourke was the rebel referred to.
Legacy
O'Rourke's experience as a rebel Irish lord is not remarkable in itself. What is remarkable is the combination used in his downfall: first, the campaign conducted under Fitzwilliam to bring pressure to bear on the borders of Ulster; and then the co-operation of the Scots king with the English, resulting in the first extraditionExtradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
within Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and a trial for treason committed "beyond the seas". Evidence of his treason was used in the trial of Perrot
John Perrot
Sir John Perrot served as Lord Deputy of Ireland under Queen Elizabeth I of England during the Tudor conquest of Ireland...
later in the year, which also resulted in conviction, and the subsequent pursuit of an aggressive policy against the lords of Ulster led to the outbreak of the Nine Years War. In the end, O'Rourke had fallen prey to forces that were moving to establish a new polity in Britain, of which James VI became the first monarch little more than a decade later.
Family
O'Rourke married Lady Burke, and then Elenora, daughter of Gerald FitzGerald, 15th Earl of DesmondGerald FitzGerald, 15th Earl of Desmond
Gerald FitzGerald, 15th Earl of Desmond was an Irish nobleman and leader of the Desmond Rebellions of 1579.-Life:...
. Among his children were two sons, Brian Óg
Brian Oge O'Rourke
Brian Oge O'Rourke was the penultimate king of West Breifne, from 1591 until his death in 1604. He succeeded his father, Brian O'Rourke, when news of the latter's execution in London reached Ireland...
(his tanist) and Teig, who succeeded him. The former was instrumental in the Irish victory at the Battle of Curlew Pass
Battle of Curlew Pass
The Battle of Curlew Pass was fought on the 15th of August 1599, during the campaign of the Earl of Essex in the Nine Years' War, between an English force under Sir Conyers Clifford and a rebel Irish force led by Hugh Roe O'Donnell. The English were ambushed and routed while marching through a pass...
during the Nine Years War. O'Rourke's seignory was confiscated and later given to Teig in the next reign, but in principle Leitrim remained part of the Connaught composition - at Bingham's insistence - and did not suffer as radical a land settlement as Monaghan.