THE CASE OF THE FUGITIVE EARLS.
Before proceeding to notice the manner in which these promises of
justice, equity, and protection to the occupiers of the land were
fulfilled, it is well to record here the efforts made by King James
and his ambassador to discredit the fugitive earls on the Continent,
and the case which they made out for themselves in the statement of
wrongs and grievances which they addressed to the king soon after.
There was great alarm in England when news arrived of the friendly
reception accorded to the Irish chiefs by the continental sovereigns
through whose dominions they passed, and especially by the King of
Spain, who was suspected of intending another invasion of Ireland.
Consequently the most active preparations were made to meet the
danger. In every street of the metropolis drums were beating for
recruits, and large detachments were sent in all possible haste to
reinforce the Irish garrisons. Sir Charles Cornwallis was then English
ambassador at Madrid; and lest his diplomatic skill should not be up
to the mark, James himself sent him special and minute instructions as
to the manner in which he should handle the delicate subjects he had
to bring before the Spanish sovereign. There has been seldom a better
illustration of the saying, that the use of speech is to conceal
thought, than in the representations which the ambassador was
instructed to make about Irish affairs. Indeed Cornwallis had already
shown that he scarcely needed to be tutored by his sovereign. In a
preliminary despatch he had sent an account of his conversation with
Philip III.'s secretary of state about the fugitive earls. He told him
that though they had been guilty of rebellions and treasons they had
not only been pardoned, but loaded with dignities such as few or none
of the king's ancestors had ever bestowed on any of the Irish nation.
He had conferred upon them an absolute and, 'in a manner, unlimited
government in their own countries, nothing wanting to their ambitions
but the name of kings, and neither crossed in anything concerning
their civil government, nor so much as in act or imagination molested,
or in any sort questioned with, for their consciences and religion.'
He thought therefore that they would never have fled in such a way,
unless they had been drawn to Spain by large promises in the hope of
serving some future turns.
The secretary listened to this insinuation with much impatience, and
declared solemnly, laying his hand on his breast with an oath, that of
the departure and intention of the earls there was no more knowledge
given to the king or any of his state than to the ambassador himself.
He added that there had been much consumption of Spanish treasure by
supporting strangers who had come from all parts. In particular they
had a bitter taste of those who had come from James's dominions; and
they would have suffered much more, 'if they had not made a resolute
and determined stop to the running of that fountain and refused to
give ear to many overtures.' The ambassador expressed his satisfaction
at this assurance, and then endeavoured to show how unworthy those
Irish princes were of the least encouragement. Their flight was the
result of madness, they departed without any occasion of 'earthly
distaste' or offence given them by their sovereign, whose position
towards the Irish was very different from that of the late queen.
Elizabeth had employed against their revolts and rebellions only her
own subjects of England, who were not accustomed either to the diet
of that savage country, or to the bogs, and other retreats which that
wild people used. But now, the king his master, being possessed of
Scotland, had in that country, 'near adjoining to the north part of
Ireland, a people of their own fashion, diet, and disposition, that
could walk their bogs as well as themselves, live with their food,
and were so well practised and accustomed in their own country to
the like, that they were as apt to pull them out of their dens and
withdrawing places, as ferrets to draw rabbits out of their burrows.'
Moreover all other parts of Ireland were now reduced to such
obedience, and so civil a course, and so well planted with a mixture
of English, that there was not a man that showed a forehead likely to
give a frown against his majesty, or his government. Cornwallis went
on to plead the incomparable virtues of the king his master, among
which liberality and magnificence were not the least. But if he had
given largely, it was upon a good exchange, for he had sowed money,
which of itself can do nothing, and had reaped hearts that can do
all. As for the alleged number of 'groaning Catholics,' he assured
the secretary that there were hardly as many hundreds as the fugitives
reckoned thousands.
According to his report the minister heard him with great attention,
and at the conclusion protested, that he joined with him in opinion
that those fugitives were dangerous people and that the Jesuits were
turbulent and busy men. He assured him on the word of a caballero,
that his majesty and council had fully determined never to receive or
treat any more of those 'straying people;' as they had been put to
great inconvenience and cost, how to deliver themselves from those
Irish vagabonds, and continual begging pretenders.
This despatch, dated October 28, 1607, was crossed on the way by one
from the English minister Salisbury, dated the 27th, giving the
king's instructions 'concerning those men that are fled into Spain.'
Cornwallis was directed not to make matters worse than they really
were, because the end must be good, 'what insolencies soever the
Jesuits and pack of fugitives there might put on. King James knew that
this remnant of the northern Irish traitors had been as full of malice
as flesh and blood could be, no way reformed by the grace received,
but rather sucking poison out of the honey thereof.' He knew also that
they had absolutely given commission to their priests and others to
abandon their sovereign if Spain would entertain their cause. But this
he could not demonstrably prove _in foro judicii_, though clear _in
foro conscientiæ_, and therefore punishment would savour of rigour.
So long as things were in that state his majesty was obliged to suffer
adders in his bosom, and give them means to gather strength to his
own prejudice, whereas now the whole country which they had possessed
would be made of great use both for strength and profit to the king.
What follows should be given in his majesty's own words:--
'Those poor creatures who knew no kings but those petty lords, under
the burden of whose tyranny they have ever groaned, do now with great
applause desire to be protected by the immediate power, and to receive
correction only from himself, so as if the council of Spain shall
conceive that they have now some great advantage over this state,
where it shall appear what a party their king may have if he shall
like to support it, there may be this answer: that those Irish without
the King of Spain are poor worms upon earth; and that when the King of
Spain shall think it time to begin with Ireland, the king my master is
more like than Queen Elizabeth was, to find a wholesomer place of the
King of Spain's, where he would be loath to hear of the English, and
to show the Spaniards who shall be sent into Ireland as fair a way as
they were taught before. In which time the more you speak of the base,
insulting, discoursing fugitives, the more proper it will be for you.
In the meantime upon their departure, not a man hath moved, neither
was there these thirty years more universal obedience than there is
now. Amongst the rest of their barbarous lies I doubt not but they
will pretend protection for religion, and breach of promise with them;
wherein you may safely protest this, that for any, of all those that
are gone, there never was so much as an offer made to search their
consciences.'
Not content with the labours of his ambassadors at the various
continental courts, to damage the cause of the Irish earls, the king
issued a proclamation, which was widely dispersed abroad. His majesty
said he thought it better to clear men's judgments concerning the
fugitives, 'not in respect of any worth or value in these men's
persons, being base and rude in their original,' but to prevent any
breach of friendship with other princes. For this purpose he declared
that Tyrone and Tyrconnel had not their creation or possessions in
regard of any lineal or lawful descent from ancestors of blood or
virtue, but were only conferred by the late queen and himself for some
reasons of state. Therefore, he judged it needless to seek for
many arguments 'to confirm whatsoever should be said of these men's
corruption and falsehood, whose heinous offences remained so fresh in
memory since they declared themselves so very monsters in nature, as
they did not only withdraw themselves from their personal obedience to
their sovereign, but were content to sell over their native country,
to those who stood at that time in the highest terms of hostility with
the crowns of England and Ireland.' 'Yet,' adds the king, 'to make the
absurdity and ingratitude of the allegation above mentioned so much
the more clear to all men of equal judgment, we do hereby profess
in word of a king that there was never so much as any shadow of
molestation, nor purpose of proceeding in any degree against them
for matter concerning religion:--such being their condition and
profession, to think murder no fault, marriage of no use, nor any
man worthy to be esteemed valiant that did not glory in rapine and
oppression, as we should have thought it an unreasonable thing to
trouble them for any different point in religion, before any man could
perceive by their conversation that they made truly conscience of any
religion. The king thought these declarations sufficient to disperse
and to discredit all such untruths as these contemptible creatures, so
full of infidelity and ingratitude, should discharge against him and
his just and moderate proceedings, and which should procure unto them
no better usage than they would wish should be afforded to any such
pack of rebels born their subjects and bound unto them in so many and
so great obligations.'
Such was the case of the English Government presented to the world
by the king and his ministers. Let us now hear what the personages
so heartily reviled by them had to say for themselves. The Rev. C.P.
Meehan has brought to light the categorical narratives, which the
earls dictated, and which had lain unpublished among the 'old historic
rolls,' in the Public Record Office, London. These documents are of
great historic interest, as are many other state-papers now first
published in his valuable work.[1] O'Neill's defence is headed,
'Articles Exhibited by the Earl of Tyrone to the King's Most Excellent
Majesty, declaring certain Causes of Discontent offered Him, by which
he took occasion to Depart His Country.' The statement is divided
into twenty items, of which the following is the substance: It was
proclaimed by public authority in his manor of Dungannon, that none
should hear mass upon pain of losing his goods and imprisonment, and
that no ecclesiastical person should enjoy any cure or dignity without
swearing the oath of supremacy and embracing the contrary religion,
and those who refused so to do were actually deprived of their
benefices and dignities, in proof of which the earl referred to the
lord deputy's answer to his own petition, and to the Lord Primate of
Ireland, who put the persecuting decree into execution. The Earl
of Devon, then lord-lieutenant, had taken from him the lands of his
ancestors called the Fews, in Armagh, and given them to other persons.
He was deprived of the annual tribute of sixty cows from Sir Cahir
O'Dogherty's country called Inishowen, which tribute had never been
brought into question till James's reign. The same lord-lieutenant had
taken from him the fishings of the Bann, which always belonged to his
ancestors, and which he was forced to purchase again. Portions of his
territory had been taken 'under colour of church-lands, a thing never
in any man's memory heard of before.' One Robert Leicester an attorney
had got some more of the earl's land, which he transferred to Captain
Leigh. 'So as any captain or clerk had wanted means, and had no other
means or device to live, might bring the earl in trouble for some part
or parcel of his living, falsely inventing the same, to be concealed
or church-land.' The Archbishop of Armagh and the Bishop of Derry
and Clogher claimed the best part of the earl's whole estate, as
appertaining to their bishoprics, 'which was never moved by any other
predecessors before, other than that they had some _chiefry_ due to
them, in most part of all his living, and would now have the whole
land to themselves as their domain lands, not content with the benefit
of their ancient registers, which the earl always offered, and
was willing to give without further question. O'Cahan, 'one of the
chiefest and principalest of the earl's tenants, was set upon by
certain of his majesty's privy council, as also by his highness's
counsel-at-law, to withdraw himself and the lands called
_Iraght-I-Cahan_ from the earl, being a great substance of his
living;' and this although O'Cahan had no right to the property except
as his _tenant at will_, yielding and paying all such rents, dues,
and reservations as the other tenants did. He complained that at
the council table in Dublin it was determined to take two-thirds of
O'Cahan's country from him; and he perceived by what Sir John Davis
said, that they had determined to take the other third also. They
further made claim in his majesty's behalf to four other parcels of
the earl's land, which he named, being the substance of all that was
left, and began their suit for the same in the court of exchequer.
In fine he felt that he could not assure himself of anything by the
letters patent he had from the king. Whenever he had recourse to law
his proceedings were frustrated by the government; so that he could
not get the benefit of his majesty's laws, or the possession of his
lands; 'and yet any man, of what degree soever, obtained the extremity
of the law with favour against him, in any suit.' Although the king
had allowed him to be lieutenant of his country, yet he had no more
command there than his boy; the worst man that belonged to the sheriff
could command more than he, and that even in the earl's own house. If
they wanted to arrest any one in the house they would not wait till
he came out, but burst open the doors, and 'never do the earl so much
honour in any respect as once to acquaint him therewith, or to send to
himself for the party, though he had been within the house when they
would attempt these things; and if any of the earl's officers would
by his direction order or execute any matter betwixt his own tenants,
with their own mutual consent, they would be driven not only to
restore the same again, but also be first amerced by the sheriff, and
after indicated as felons, and so brought to trial for their lives
for the same; so as the earl in the end could scarce get any of his
servants that would undertake to levy his rents.' According to law the
sheriff should be a resident in the county, have property there, and
be elected by the nobility and chief gentlemen belonging to it; but
the law was set aside by the lord deputy, who appointed as sheriffs
for the counties Tyrone and Armagh Captain Edmund Leigh and one
Marmaduke Whitechurch, dwelling in the county of Louth, both being
retainers, and very dear friends to the Knight-marshal Bagenal, who
was the only man that urged the earl to his last troubles. Of all
these things 'the earl did eftsoons complain to the lord deputy,
and could get no redress, but did rather fare the worse for his
complaints, in respect they were so little regarded.'
[Footnote 1: Page 192.]
The earl understanding that earnest suit had been made to his majesty
for the presidentship of Ulster, made bold to write to the king,
humbly beseeching him not to grant any such office to any person over
himself, 'suspecting it would be his overthrow, as by plain experience
he knew the like office to be the utter overthrow of others of his
rank in other provinces within the realm of Ireland.' He also wrote
to the Earl of Salisbury, who replied that the earl was not to tie his
majesty to place or displace officers at his (the earl's) pleasure in
any of his majesty's kingdoms. This was not the earl's meaning, but it
indicated to him pretty plainly that he had no favour to expect from
that quarter. The office was intended for Sir Arthur Chichester, and
he much feared that it would be used for his destruction without
his majesty's privity. Therefore, seeing himself envied by those who
should be his protectors, considering the misery sustained by
others through the oppression of the like government, he resolved to
sacrifice all rather than live under that yoke.
The next item is very characteristic. The earl's nephew Brian M'Art
happened to be in the house of Turlough M'Henry, having two men in his
company. Being in a merry humour, some dispute arose between him and
a kinsman of his own, who 'gave the earl's nephew a blow of a club
on the head, and tumbled him to the ground; whereupon, one of his men
standing by and seeing his master down, did step up with the fellow
and gave him some three or four stabs of a knife, having no other
weapon, and the master himself, as it was said, gave him another,
through which means the man came to his death. Thereupon, the earl's
nephew and his two men were taken and kept in prison till the next
sessions holden in the county Armagh, where his men were tried by a
jury of four innocent and mere ignorant people, having little or no
substance, most of them being bare soldiers and not fit, as well by
the institution of law in matters of that kind as also through their
own insufficiency, to be permitted or elected to the like charge;
and the rest foster-brethren, followers, and very dear friends to the
party slain, that would not spare to spend their lives and goods to
revenge his death. Yet all that notwithstanding were they allowed,
and the trial of these two gentlemen committed to them, through which
means, and the vigorous threatening and earnest enticements of the
judges, they most shamefully condemned to die, and the jury in a
manner forced to find the matter murder in each of them, and that,
not so much for their own offences, as thinking to make it an evidence
against the master, who was in prison in the Castle of Dublin,
attending to be tried the last Michaelmas term, whose death, were it
right or wrong, was much desired by the lord deputy.
Again, the earl had given his daughter in marriage to O'Cahan with
a portion of goods. After they had lived together for eight years,
O'Cahan was induced to withdraw himself from the earl, and at the same
time, by the procurement of his setters on, he turned off the earl's
daughter, kept her fortune to himself, and married another. The
father appealed to the lord deputy for justice in vain. He then took
proceedings against O'Cahan, at the assizes in Dungannon. But the
defendant produced a warrant from the lord deputy, forbidding the
judges to entertain the question, as it was one for the Lord Bishop of
Derry. The Bishop of Derry, however, was the chief instigator of the
divorce, and therefore no indifferent judge in the case. Thus the
earl's cause was frustrated, and he could get no manner of justice
therein, no more than he obtained in many other weighty matters that
concerned him. The next complaint is about outrages committed by
one Henry Oge O'Neill, one Henry M'Felemey and others, who at the
instigation of the lord deputy, 'farther to trouble the earl,' went
out as a wood-kerne to rob and spoil the earl and his nephew, and
their tenants. They committed many murders, burnings, and other
mischievous acts, and were always maintained and manifestly relieved
amongst the deputy's tenants and their friends in Clandeboye, to whom
they openly sold the spoils. They went on so for the space of two
years, and the earl could get no justice, till at length they murdered
one of the deputy's own tenants. Then he saw them prosecuted, and the
result was, that the earl cut them all off within a quarter of a year
after. But the lord deputy was not at all pleased with this. Therefore
he picked up 'a poor rascally knave' and brought him to Dublin, where
he persuaded him to accuse above threescore of the earl's tenants of
relieving rebels with meat, although it was taken from them by force.
For the rebels killed their cattle in the fields, and left them dead
there, not being able to carry them away; burnt their houses,
took what they could of their household stuff, killed and mangled
themselves. 'Yet were they, upon report of that poor knave, who was
himself foremost in doing these mischiefs, all taken and brought
to their trial by law, where they were, through their innocency,
acquitted, to their no small cost; so as betwixt the professed enemy,
and the private envy of our governors, seeking thereby to advance
themselves, there was no way left for the poor subject to live.'
One Joice Geverard, a Dutchman, belonging to the deputy, was taken
prisoner on his way from Carrickfergus to Toome, and he was compelled
to pay to his captors a ransom of 30 l. For this the lord deputy
assessed 60 l. on the county, and appointed one-half of it to be taken
from O'Neil's tenants, being of another county, and at least twelve
miles distant from the scene of the outrage, perpetrated by a
wood-kerne, 'and themselves being daily killed and spoiled by the said
wood-kerne, and never no redress had to them.' Several outrages and
murders perpetrated by the soldiers are enumerated; but they were such
as might have been expected in a state bordering on civil war, which
was then the condition of the province. If, however, Tyrone is to be
believed, the rulers themselves set the example of disorder. Sir
Henry Folliott, governor of Ballyshannon, in the second year of his
majesty's reign, came with force of arms, and drove away 200 cows from
the earl's tenants, 'and killed a good gentleman, with many other poor
men, women, and children; and besides that, there died of them above
100 persons with very famine, for want of their goods; whereof the
earl never had redress, although the said Sir Henry could show no
reasonable cause for doing the same.'
Finally the earl saw that the lord deputy was very earnest to
aggravate and search out matters against him, touching the staining
of his honour and dignity, scheming to come upon him with some forged
treason, and thereby to bereave him of both his life and living. The
better to compass this he placed his 'whispering companion,' Captain
Leigh, as sheriff in the county, 'so as to be lurking after the earl,
to spy if he might have any hole in his coat.' Seeing then that the
lord deputy, who should be indifferent, not only to him but to
the whole realm, having the rod in his own power, did seek his
destruction, he esteemed it a strife against the stream for him to
seek to live secure in that kingdom, and therefore of both evils
he did choose the least, and thought it better rather to forego
his country and lands, till he had further known his majesty's
pleasure--to make an honourable escape with his life and liberty only,
than by staying with dishonour and indignation to lose both life,
liberty, and country, which much in very deed he feared. Indeed the
many abuses 'offered' him by Sir John Davis, 'a man more fit to be a
stage player than a counsel,' and other inferior officers, might be
sufficient causes to provoke any human creature, not only to forego
a country, were it ever so dear to him, but also the whole world, to
eschew the like government. And thus he concludes his appeal to
his 'most dread sovereign:' 'And so referring himself, and the due
consideration of these, and all other his causes, to your majesty's
most royal and princely censure, as his only protector and defender,
against all his adversaries, he most humbly taketh his leave, and will
always, as in bounden duty, pray.'
The Earl of Tyrconnel's statement contains no less than forty-four
items under the following heading: 'A note, or brief collection of
the several exactions, wrongs, and grievances, as well spiritual
as temporal, wherewith the Earl of Tyrconnel particularly doth find
himself grieved and abused by the king's law ministers in Ireland,
from the first year of his majesty's reign until this present year of
1607: to be presented to the king's most excellent majesty.'
_Imprimis_, all the priests and religious persons dwelling within
the said earl's territories were daily pursued and persecuted by his
majesty's officers. Sir Arthur Chichester told him, in the presence of
divers noblemen and gentlemen, that he must resolve to go to church,
or he would be forced to go. This was contrary to the toleration which
had been till then enjoyed, and he resolved rather to abandon lands
and living, yea, all the kingdoms of the earth, with the loss of his
life, than to be forced utterly against his conscience to any such
practice.
When Sir George Carew was lord deputy, Captain Nicholas Pynnar
and Captain Basil Brook, officers of the king's forces at Lifford,
plundered the earl's tenants there, taking from them 150 cows, besides
as many sheep and swine as they pleased. Not satisfied with this
spoil, they most tyrannically stripped 100 persons of all their
apparel. These outrages the earl complained of 'in humble wise' to the
lord deputy, and could find no remedy; for the same year the garrisons
of Lough Foyle, and Ballyshannon took from the earl's tenants 400 cows
for the victualling of the soldiers; and although the English council
wrote to the lord deputy, requiring him to pay for the cattle in
English money, the payment was never made. When, in pursuance of a
promise made to him by the lord deputy, he appeared before the king,
to get new letters patent of his territories, &c., his property, in
Sligo, Tyrawly, Moylurg, Dartry, Sir Cahir O'Dogherty's country,
and all Sir Nial O'Donel's lands, were excepted and kept from him,
together with the castle of Ballyshannon and 1,000 acres of land, and
the whole salmon-fishing of the river Erne, worth 800 l. a year, 'the
same castle being one of the earl's chieftest mansion houses.' They
also took from him 1,000 acres of his best land, and joined it to
the garrison of Lifford for the king's use, without any compensation.
There were seven sheriffs sent into Tyrconnel, by each of which there
was taken out of every cow and plough-horse 4 d., and as much out of
every colt and calf twice a year, and half-a-crown a quarter of every
shoemaker, carpenter, smith, and weaver in the whole country, and
eight pence a year for every married couple.'
Sir Nial O'Donel was committed to prison by Tyrconnel, for usurping
the title of O'Donel and taking his herds and tenants. 'He broke loose
from prison and killed some of his Majesty's subjects. For this the
earl prosecuted him under a special warrant from the lord deputy;
but notwithstanding all this, Carew gave warrants to Captains Pynnar,
Brook, and Bingley, to make reprisals upon the earl's tenants for the
pretender's use. Accordingly three English companies joining with nine
score of Sir Nial's men, seized and carried away 500 cows, 60 mares,
30 plough-horses, 13 horses, besides food and drink to support the
assailants for six weeks. They were guilty of many other extortions,
the country being extremely poor after the wars, and 17 of the earl's
tenants were hindered from ploughing that season. A certain horse-boy,
who was sentenced to be hanged for killing one Cusack, was promised
his life by Sir George Carew, if he accused Tyrconnel as having
employed him to commit the murder. The boy did make the accusation,
which served no purpose 'but to accelerate his hanging.' Thus
betrayed, he declared at the gallows, and in the presence of 400
persons, the sheriff of the county, and the portreve of Trim, he
retracted the false confession. A similar attempt was made with an
Englishman, who was kept a close prisoner without food, drink, or
light, in order to get him to accuse the earl of Cusack's murder.
All such, with many other of the said Carew's cruel and tyrannical
proceedings, the earl showed to the council in England, which promised
to give satisfaction by punishing the said Carew, who at his arrival
in England did rather obtain greater favours than any reprehension or
check of his doings, so as the earl was constrained to take _patience_
for a full satisfaction of his wrongs.
Sir Henry Docwra, governor of Derry, levied 100 l. off Tyrconnel's
tenants for the building of a church in that city, but the money was
applied by Sir Henry to his own use. Carew ordered the troops under
Sir H. Docwra, Sir H. Folliott, Sir Ralph Constable, Sir Thomas
Roper, and Captain Doddington, to be quartered for three months upon
Tyrconnel's people, 'where they committed many rapes, and used many
extortions, which the earl showed, and could neither get payment
for their victuals nor obtain that they should be punished for their
sundry rapes and extortions.' Indeed there was never a garrison in
Tyrconnel that did not send at their pleasure private soldiers into
the country to fetch, now three beeves, now four, as often as they
liked, until they had taken all; and when the earl complained,
Carew seemed rather to flout him than any way to right him. Sir H.
Folliott's company on one occasion took from his tenants thirty-eight
plough-horses, which were never restored or paid for; at another
time they took twenty-one, and again fourteen. This being done in the
spring of the year the tenants were hindered from ploughing as before.
During a whole year Folliott took for the use of his own house,
regularly every month, six beeves and six muttons, without any manner
of payment. Captain Doddington and Captain Cole made free with the
people's property in the same manner.
'All these injuries he laid in a very humble manner before the lord
deputy, but instead of obtaining redress he was dismissed by him in a
scoffing manner, and even a lawyer whom he employed was threatened by
Carew in the following terms:--that he and his posterity should smart
for his doings until the seventh generation; so that all the earl's
business was ever since left at random, and no lawyer dared plead in
his cause.'
Tyrconnel killed some rebels, and captured their chief, whom his men
carried to Sir H. Folliott to be executed. Sir Henry offered to spare
his life if he could accuse the earl of any crime that might work
his overthrow. He could not, and he was hanged. In order to settle
a dispute between the earl and Sir Nial, the English _protégé_ and
pretender to the chieftainship, twelve tenants of each were summoned
to be examined by the king's officers in the neighbourhood. 'The
earl's men were not examined, but locked up in a room; and the
vice-governor, upon the false deposition of Sir Nial's men, directed
warrants, and sent soldiers to the number of 300, to bring all the
earl's tenants unto Sir Nial, to the number of 340 persons, who paid
half-a-crown a piece, and 12 d. for every cow and garron, as a fee
unto the captains, whereby they lost their ploughing for the space of
twenty-eight days, the soldiers being in the country all the while.
One Captain Henry Vaughan, being sheriff in the year 1605, got a
warrant to levy 150 l. to build a sessions house. He built the house
of timber and wattles. It was not worth 10_l_, and it fell in three
months. Nevertheless he levied every penny of the money, and the
people had to meet a similar demand the next year, to build another
house. It was a rule with the governors of the local garrisons to
offer his life to every convict about to be executed, and also a large
reward, if he could accuse the earl of some detestable crime. No less
than twenty-seven persons hanged in Connaught and Tyrone were offered
pardon on this condition. He was at the same sessions called to the
bar for hanging some wood-kerne, although he had authority from the
king to execute martial law. Shortly after, by the lord deputy's
orders, the horse and foot soldiers under Docwra and Folliott were
cessed upon the country, where they for four months remained, and paid
nothing for their charges of horse-meat or man's meat.' In the year
1606 the lord deputy came to Ballyshannon, where, being at supper, he
demanded of the earl what right he had to the several territories he
claimed. He replied that his ancestors had possessed them for 1,300
years, and that the duties, rents, and homages were duly paid during
that time. Whereupon the lord deputy said, 'the earl was unworthy to
have them, he should never enjoy them, the State was sorry to have
left so much in his possession, and he should take heed to himself
or else the deputy would make his pate ache.' The matters in dispute
between him and Sir Nial being referred on that occasion to the lord
deputy, both parties having submitted their papers for examination,
every case was decided against Tyrconnel, all his challenges
frustrated, 300 l. damages imposed, and his papers burned; while Sir
Nial's papers were privately given back to him. The result was that
at the next sessions Sir Nial had the benefit of all his papers,
his opponent having nothing to show to the contrary. The fishery
of Killybegs, worth 500 l. a season, had belonged to Tyrconnel's
ancestors for 1,300 years. But it was taken from him without
compensation, by Sir Henry Folliott and the Bishop of Derry, with
the ultimate sanction of the lord deputy, who confirmed the bishop in
possession 'both for that season and for all times ensuing.' Sir H.
Folliott on one occasion took away for his carriage the horses
that served the earl's house with fuel and wood for fire, 'and the
soldiers, scorning to feed the horses themselves, went into the earl's
house, and forcibly took out one of his boys to lead them, and ran
another in the thigh with a pike for refusing to go with him.' He
had a number of tenants, who held their lands 'by lease of years for
certain rents.' Yet the lord deputy sent warrants to them, directing
them to pay no rents, and requiring the Governor of Derry 'to raise
the country from time to time, and resist and hinder the earl from
taking up his rents.'
To crown all, when Tyrconnel made a journey into the Pale to know the
reason why he was debarred from his rents, he lodged on his way in the
Abbey of Boyle. He had scarcely arrived there when the constable of
the town, accompanied by twenty soldiers, and all the churls of the
place, surrounded and set fire to the house where he lay, he having no
company within but his page and two other serving men. 'But it befell,
through the singular providence of Almighty God, whose fatherly care
he hath ever found vigilant over him, that he defended himself and his
house against them all the whole night long, they using on the other
side all their industry and might to fire it, and throwing in of
stones and staves in the earl's face, and running their pikes at him
and swords until they had wounded him, besides his other bruisings,
with stones and staves in six places; they menacing to kill him,
affirming that he was a traitor to the king, and that it was the best
service that could be rendered to his majesty to kill him. And that
all this is true, Sir Donough O'Conor, who was taken prisoner by the
same men, because he would not assist them in their _facinorous_ and
wicked design of killing the earl, will justify; but in the morning
the earl was rescued by the country folk, which conveyed him safely
out of the town. And when the earl complained, and showed his wounds
unto the lord deputy, he promised to hang the constable and ensign,
but afterwards did not once deign so much as to examine the matter
or call the delinquents to account, by reason whereof the earl doth
verily persuade himself--which his surmise was afterwards confirmed
in time, by the credible report of many--that some of the State
were sorry for his escape, but specially Sir Oliver Lambert, who had
purposely drawn the plot of the earl's ruin.'
[Transcriber's note: marker for following footnote is missing in the
original]
[Footnote: Meehan's Earls of Tyrone and Tyrconnel, pp. 192-224.]