Page:Dictionary of National Biography volume 19.djvu/138

Fitzgerald were not to be surrendered by them without a struggle. He was represented as the most dangerous man in the province, as 'having more intelligence from Spain than any one else.' Their representations were not without their calculated effect on Elizabeth, who had at first been inclined to treat him leniently. Not suspecting any attack, he was in March 1587 arrested by Sir Thomas Norreys and confined to Dublin Castle, where he died in February 1589 (Ham. Cal. iv. 126, but cf. p. 253), a few days after it had been finally decided that he should enjoy the profit of his lands. He married Honora, daughter of James Fitzmaurice, by whom he had Edmund and Richard, seven weeks old in 1589, and two daughters, Catherine and Eleanor. His son and heir, Edmund, at the time of his father's death being a year and a half old, was found by inquisition to be heir to Ballymartyr and other lands in co. Cork, and was granted in wardship to Captain Moyle. He obtained livery of his lands on coming of age, and in 1647 defended Ballymartyr against his nephew, Lord Inchiquin, when the castle was burnt and himself outlawed. [The principal references to Fitzgerald's life contained in the State Papers will be found in the Unpublished Geraldine Documents, edited by Hayman and Graves, pt. ii. pp. 1 18-36.]  FITZGERALD, JOHN  (1528–1612), dean of Cloyne, son of Edmund Fitzjames, born in 1528, was a devoted loyalist, being almost the only gentleman of note who refused to join in the rebellion of James Fitzmaurice Fitzgerald [q. v.] in 1569, whereupon he was appointed sheriff of the county of Cork, and for his good services in that office was 'so maliced and hated of the rebels, as they not only burned all his towns and villages to the utter banishing of th' inhabitants of the same, but also robbed and spoiled and consumed all his goods and cattle, and thereby brought him from a gentleman of good ability to live to extreme poverty, not able to maintain himself and his people about him in the service of her majesty as his heart desired.' His petition for compensation was supported by Sir Henry Sidney, who declared that he well deserved the same both for the losses he had sustained as also for his honesty and civility. On the outbreak of Desmond's rebellion he again threw in his lot with the government, and was again exposed to the attacks of the rebels, insomuch that he was obliged to take refuge in Cork. In January 1581 his condition was described to Burghley as truly pitiful, and in May 1582 the queen gave order that he should receive an annuity of one hundred marks and a grant of one hundred marks land of the escheats in Munster. In 1586 he strenuously opposed the bill for the attainder of the Earl of Desmond, and by trying to maintain the legality of the earl's feoffment almost made shipwreck in one moment of the reputation gained by a long life of loyalty. Being charged with conniving at the marriage of Florence MacCarthy (whose godfather he was) and Ellen, daughter of the Earl of Clancar, he denied it, declaring to Burghley that on the contrary he had done his best to prevent it; while, as for his action in regard to Desmond's deed of feoffment, it was with him a thing of conscience and honesty before God and the world, and not a thing desired by him. His loyalty was confirmed by Justice Smythes, who wrote that he was a gentleman 'wise and considerate in all his doings, of great learning in good arts, and approved loyalty in all times of trial, just in his dealings, and may serve for a pattern to the most of this country' (Ham. Cal. iv. 46). During the rebellion of the Sugan Earl [see Fitzthomas] he more than once proved himself 'the best subject the queen had in Munster,' and in order 'to requite his perpetual loyalty to the crown of England, as also to encourage others,' Lord Mountjoy, while visiting him at Cloyne (7 March 1601), on his way from the siege of Kinsale to Dublin, knighted him. The castle of Cloyne had originally been the palace of the bishops of Cloyne. The way in which it came into the possession of Fitzgerald very well illustrates the general laxity in ecclesiastical matters prevailing during Elizabeth's reign. In order to make leases of bishops' lands valid it was necessary to have them confirmed by the dean and chapter, the church thus having, as it were, double security that its estates should not be recklessly given away. In order to obviate this difficulty Fitzgerald, though a layman, got himself appointed to the deanery of Cloyne, after which he filled, the chapter with his dependents. Thereupon Matthew Shehan, bishop of Cloyne, in consideration of a fine of 40l., leased out on 14 July 1575, at an annual rent of five marks for ever, the whole demesne of Cloyne to a certain Richard Fitzmaurice, one of Fitzgerald's dependents. The dean and chapter confirmed the grant, and Fitzmaurice handed over his right and title to his master. The castle, which stood at the south-east angle of the four crossways in the centre of the town of Cloyne, was repaired by Fitzgerald, and only disappeared in 1797, having been recovered for the church in 1700. He married Honor O'Brien, niece of the Earl of Thomond, by whom he had three sons: Edmund, who