[Sidenote: Strength of Shane's position.]
Yet Shane's case against the Government was a strong one; for it was not disputed that his father had known the facts, and he was thus able to contend that the King had been deceived, and that the limitation in the patent was void. Besides, it was asked, why was not the Earldom given in the usual way to Con and his heirs male? Whether Shane knew of the above-mentioned Brehon regulation or not, it was his interest to affect ignorance, to represent both his father and King Henry as the victims of deception, and to take his stand on strict hereditary right for the title, and on tribal election for his personal supremacy. About strict veracity he was no more scrupulous than Queen Elizabeth herself. The dilemma was complete, for English lawyers could not for very shame deny the moral claims of the legitimate heir, nor could politicians ignore those Irish captainries which the Crown had acknowledged over and over again. By Celtic usage Con had of course no power whatever to alienate or transmit the property of the tribe: in that he had only a life interest. Shane argued, moreover, that according to the law of the Pale no lands could pass by patent without an inquisition previously taken. None could be taken in Tyrone, for it was no shire. If the English law were followed, there was, therefore, no power to divert the inheritance from him as rightful heir; if the Irish law prevailed, then he threw himself on the suffrages of the tribe.[3]
Shane O'Neill robbed his father and mother of all they possessed, and drove them into the Pale, where the unfortunate Con died early in 1559. Shane, who had recovered from his defeat by the O'Donnells, and secured himself by assassination against his most dangerous rival, claimed both the Earldom of Tyrone and the tribal sovereignty of the North. At first the Queen was strongly inclined to admit his pretensions. The patent was indeed fatal to them, but Elizabeth had an eminently practical mind, and the fact that Shane was in quiet possession weighed with her more than his legitimacy. In the absence of positive orders, Sidney did his best to maintain peace in the North. He repaired to Dundalk, and summoned Shane to attend him. The wily chief was loud in his professions of loyalty, but feared possible loss of reputation among his own people, and refused to go. Having less reason to regard appearances, Sidney visited Shane in his camp, and consented to act as god-father to his son, and to enter the mysteriously sacred bond of gossipred, or compaternity. O'Neill bound himself to keep the peace until the Queen should have pronounced on his claims, and Sussex, who hated him, expressed a belief that he would not keep his promise. Sidney could obtain nothing more, and Shane's arguments were indeed such as could not easily be refuted.[4]