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22 Irish Jurist (N.S.) 285 (1987)
Extradition and Treason-Trial of a Gaelic Lord: The Case of Brian O'Rourke

handle is hein.journals/irishjur22 and id is 291 raw text is: EXTRADITION AND TREASON-TRIAL OF A GAELIC LORD: THE CASE OF BRIAN O'ROURKE HIRAM MORGAN* Upon Wednesdaie the 3 of November, Bren O'Royrke was drawne to Tyborne, and there hanged, his members and bowels burned in the fire, his heart taken out, and holden up by the hangman, naming it to be the archtraytors heart, and then did he cast the same into the fire, then was his head stricken off, and his bodie quartered (1). O'Rourke died a traitor's death but he was no run-of-the-mill traitor. His execution in 1591 was a reflection of contemporary politics: factional intrigue in the English establishment and new developments in Anglo-Scottish relations as well as the end of Gaelic lordship in Ireland. A judicial ruling in favour of extra-territoriality had been necessary to try O'Rourke in England. This touched on a longer-term problem: England's constitu- tional relationship with Ireland and the status of Irishmen in English courts. At his trial O'Rourke did not react as a nationalist. He was no Roger Casement avant la lettre. He appeared rather as a tribal warlord attempting to save himself by harking back to the ancient glories of his lineage. Brian O'Rourke was lord of West Breifne, a position which he had attained in the mid-1560s by assassinating his elder brothers (2). He was described in 1586 as being somewhat learned but of an insolent and proud nature and no further obedient than is constrayned by her maiesties forces (3). O'Rourke was renowned for his haughty dealings with royal officials. Lord deputy Sidney described him as the proudest man I ever dealt with in Ireland and Sir Nicholas Malby called him the proudest man this day living on the earth (4). Over the years O'Rourke had staunchly resisted the imposition of crown government. The demands which he made during peace talks in July 1589 reflect the height of his powers as well as his immediate aspirations. O'Rourke claimed that he only submitted to the Composition of Connacht under duress. Instead of paying the composition rent which had already been reduced in his favour he offered to pay the annual tribute of E60 which had been * British Academy post-doctoral fellow, Queen's University, Belfast. (1) John Stow, The Annales of England (London, 1605), pp. 1267-9. In drafting this paper, I am indebted to J. H. Baker, G. R. Elton, M. J. Ingram, J. I. Casway and B. Cunningham for certain references and to S. G. Ellis, M. O'Dowd and A. Sheehan for their comments. In establishing the final version, I am grateful to P. Brand for his meticulous reading. (2) O'Rourke's career is well accounted for by Daniel Gallogly, Brian of the Ramparts O'Rourke (1566-91) in Breifne, ii (1962), 50-79. (3) ? Waterhouse, A Treatise of Ireland, 1586 (N.L.I. MS 669, ff. 41-2). (4) Sidney to English privy council, 15 June 1576 (P.R.O., S.P. 63/55/58); Malby to Walsingham, 12 Apr. 1578 (ibid., 60/37).

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