Fitzwilliam's health had been failing since the summer of 1592, and latterly he had been very anxious to leave Ireland. The Queen had been ready to recall him at Michaelmas, but Burghley said he should have the honour of finishing Maguire's affair, and he could only beg that he should not be expected to catch a runagate rogue. 'I am,' he said, 'upon the pitch of sixty-nine years old, my body is weak, my stomach weaker, the stone doth oft torment me, and now the gout hath utterly lamed me in my leg. My sight and memory do both fail me, so that I am less than half a man, and not much more than a dead man.' Had the Queen adhered to her original intention he might have been spared these pains. He was now directed to appoint Lords Justices if he felt too ill to carry on the routine business of government, but if possible to retain office until the arrival of his successor. The new viceroy was Sir William Russell, fourth son of Francis, Earl of Bedford, who had served with credit in Holland, who was by Sidney's side when he received his death-wound, and who succeeded him as governor of Flushing. Fitzwilliam did not find it necessary to appoint Lords Justices, but he was unable to leave Dublin, and negotiations with Tyrone were referred to commissioners. The Earl maintained that he was quite loyal, but that the Lord Deputy and the Marshal were in league against him. Bagenal had orders to treat with O'Donnell, and sent one Darby Newman, from Newry, to make a beginning. Tyrone received Newman at Dungannon, and refused to send him on to Strabane. Bagenal's emissary, he said, was not sufficiently important to risk his credit for; he had already done too much, and was determined that Tyrconnell should not be treated as Fermanagh had been. The Marshal, he added, raising his voice for all to hear, might do it by himself if he could. Maguire was now again at the head of 200 or 300 men, and would not leave a head on anyone's shoulders who wore hat or cloak, or who spoke a word of English. With Bagenal he would have no dealings, nor would he let O'Donnell have any; but any other commissioner should be welcome to his country. Archbishop Loftus, Chief Justice Gardiner, and Sir Anthony St. Leger, the Master of the Rolls, were chosen, and they proceeded to Dundalk early in March. In the meantime, Tyrone tried to enlist the great influence of Ormonde on his side, and his letters were so startling that the latter thought it right to send them straight to the Queen.[225] [Sidenote: Tyrone's grievance]