The Flight Of The Earls.Net

The EARL OF TYRCONNELL to the KING (1607)

A Note or brief Collection of the several Exactions, Wrongs, and Grievances, as well spiritual as temporal, wherewith the Earl of Tyrconnell 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 unto the King's Most Excellent Majesty.

1. In primis.-All the priests and religious persons dwelling within the said Earl's territories were daily pursued and persecuted by His Majesty's officers.

2. Item.-Sir Arthur Chichester, now Lord Deputy of Ireland, told the Earl, sitting at the said Lord Deputy's table in the presence of divers noblemen and gentlemen, that the said Earl must resolve to go to church, or else he should he forced to go thereto; which menacing speech, proceeding in open audience from the Governor of the Realm, contrary to the former toleration that the said Earl and his household until then enjoyed, wrought that impression in the Earl's heart, that, fur this only respect of not going to church, be 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 and the utter ruin of his soul to any such practice.

3. Item.-The first year after the Lord Lieutenant's going into England, Sir George Carey being then Lord Deputy, the commanders of the King's forces at Lifford, namely, Captain Nicholas Pinner and Captain Basil Brook, who were under Sir Henry Docwra's command, seized from the Earl's tenants there the number of 150 cows, besides as many sheep and swine as they pleased ; wherewith they were not satisfied, but most tyrannically stripped a hundred persons of all their apparel, all of which the said Earl showed in humble wise to the Lord Deputy, and as yet could have no remedy.

4. Item.-The same year, after the Earl's going into England, the garrisons of Lough Foyle and Ballyshannon seized 400 cows for the victualling of the soldiers from the Earl's tenants; concerning the satisfaction whereof there were letters written to the said Lord Deputy, in the Earl's behalf, by the council of England, requiring him to give the Earl payment in English money for the same, the which he could not have.

5. Item.-At the Earl's arrival before the King, expecting of His Majesty a patent of all such lands and hereditaments as his ancestors had held, according to the promise passed unto him by His Majesty's said lieutenant of all these lands following, together with the homages, rents, and duties accustomed to be paid to the Earl's predecessors in the several territories and countries of Sligo, Tirawly, Moylurig, Dartry, in Fermanagh, and Sir Cahir O'Doherty's Country, and all Sir Neill O'Donel's lands;-yet were they excepted and kept from him, together with the Castle of Ballyshannon, and one thousand acres of land, and the whole salmon fishing of the river of Erno, which is found to be worth Ł800 a year, the same castle being one of the Earl's chiefest mansion houses.

6. Item.-Notwithstanding that Lifford was so evidently not in any sort excepted out of the said patent, that the Council of England, by their letters, dated in the years 1605 and 1607, finding no just title or cause to the contrary, required the Lord Deputy to remove all the garrisons in Tyrconnell, and specially the garrison of Lifford, and to deliver possession thereof unto the Earl; yet, in consideration of the said letter, the Earl's urgent necessity of some dwelling-house, and the former things excepted, they adjoined 4,000 acres of the best land unto the garrison, and kept it for His Highness' use, and withal a house in Derry, with all ancient duties thereunto belonging, which was never excepted in the said patent.

7. Item.-The next Michaelmas after the King's coronation, when the Earl arrived in Ireland with the King's letter to have his patent passed, the said Lord Deputy would not take notice thereof, but kept him thirteen weeks in Dublin, until an office of survey should be taken of all the Earl's lands, rights, and duties; which office being found reasonable for the Earl, was not received in by the Lord Deputy, who presently passed the Earl a patent as he pleased; whereupon the Earl procured the Council of England's letters to have the full benefit of the said office, but as yet received no benefit thereof.

8. Item.-The same year there were 11 bishops and seven sheriffs sent to Tyrconnel, by every of which there was taken out of every cow and plough-horse four pence, 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 8d. a year for every married couple.

9. Item.-When Sir Neill O'Donell, for usurping the title of O'Donell, and taking of the Earl's creaghts and tenants, was committed to prison, whereout he broke, and killed some of His Majesty's subjects, the Earl by special warrant from the Lord Deputy, prosecuted him with forces, and took all his own creaghts from Sir Neill again, who, having made complaint before the Earl of Devonshire, in England, and my Lord of Salisbury, was dismissed, and returned into Ireland; and, notwithstanding, the said Carey, in malice towards the Earl, gave warrants to Captain Pinner, Basil Brook, and Ralph Bingley, to levy and take satisfaction for the said prey from the Earl's tenants, for Sir Neill's use : whereupon they, with nine-score of Sir Neill's men, and three English companies, took 500 cows, 60 mares and plough-horses, 13 horses) besides meat and drink for six weeks for ail the said companies) and used many other extortions, the country being then extremely poor after the wars; whereupon the Earl procured order for the restoration of the said spoils again, which was no sooner granted than countermanded by the said Carey, at Sir Neill's request, whereby there were seven-score ploughs of the Earl's tenants hindered from ploughing that season.

10. Item.-The Earl can justify by good witnesses, whose names he may not tell without danger, that when Sir Neill and Sir Ralph Bingley pretended to kill or murther the Earl, they made the said Carey privy thereunto, he seeming to uphold, patronise, and countenance them in that bloody enterprise.

11. Item.-The Earl will justify that this Carey, in the presence of Sir Arthur Chichester, now Lord Deputy, Sir George Bourchier, and the Earl's own man, Matthew Tully, said that he would force the Earl to go into action; whereof the Earl complained into England, and could not have remedy or punishment inflicted upon the said Carey, by reason that the Earl durst not show the same unto His Majesty, the said Carey having many friends of the Privy Council.

12. Item.-A horseboy, named Kelly, for killing of one Cusack, being to be hanged, was, by a man sent privately by the said Carey, promised his life, so that he would accuse the Earl to be the author that set him on to kill the said Cusack; which the boy confessed) not knowing that it served to no purpose for him so to do but to accelerate his hanging; and then he, being brought to the gallows, and seeing no hope of his life, openly took upon his oath and hope of salvation that be never saw the Earl, and that the causers of his former false confession were the persons sentby the said Carey to promise him his life upon a confession similar to the former ; which confession he swore to be false in the presence of 400 persons and the sheriff of the county and portreeve of the town of Trim, wherein the execution was made. And afterwards for the same, the said Carey sent soldiers to apprehend an Englishman, whom the Earl brought out of England to be his gardener, unto the Earl's lodging, the Earl himself being within it; and there he was taken out and kept close prisoner, without meat, drink, or light, until he died, to see whether he would accuse the Earl of the said fact that Kelly had done. All such, with many other of said Carey's cruel and tyrannical proceedings, the Earl showed to the Council in England, which promised to give the Earl satisfaction by punishing of the said Carey; whereas he, at his arrival in England, rather obtained greater favours, than any reprehension or check for his doings; so that the Earl was constrained to take patience for a full satisfaction of his wrongs.

13. Item.-The said Carey gave warrant to levy Ł100 towards the building of a church at Derry; which being levied by horsemen and footmen that Sir Henry Docwra sent into the country, was disposed to Sir Henry's use, and not for the matter pretended.

14. Item.-This Carey kept Sir Henry Docwra's and Sir Henry Folliot's horsemen and footmen, and Sir Ralph Constable's, Sir Thomas Roper's, Captain Doddington's, and Captain Horum's companies, for the space of three months upon the country's charges; where they committed many rapes and used many extortions; which the Earl showed, but could neither get payment for their victuals, nor obtain that the neither get payment for their victuals, nor obtain that the should be punished for their sundry rapes and extortions.

15. Item.-There was never a garrison in Tyrconnell that did not send at their pleasure private soldiers into the country to fetch, now three beeves, now four, and when the liked, which they practised until they had taken all; and when the Earl complained, the said Carey seemed rather to flout him, than any way to right him.

16. Item.-By Sir Henry Folliot's company there were taken from the Earl's tenants 38 plough-horses for carriage which were never restored, nor any recompense made for them; and at another time one and twenty, and again 14, all in the same nature as the former, and never restored; they being taken in the spring of the year whereby the tenants being taken in the spring of the year, whereby the tenants were hindered of ploughing as before.

17. Item.-For the said Sir Henry's house, every month there were six beeves and six muttons taken up by his own officers within the barony of Tirhue [Tirhugh]; which was used continually for a year without any manner of payment for the same.

18. Item.-There were taken by Captain Doddington, at one time 12 beeves and 12 muttons, without giving any payment for the same.

19. Item.-There were taken by Captain William Cole 12 beeves and as many muttons, paying nothing therefor.

20. Item.-All these former injuries the Earl in very humble manner showed unto the said Carey, and could never be heard, but rather was dismissed by him still in scoffing manner; who also threatened a lawyer that pleaded some cases at the bar for the Earl, " 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.

21. Item.-The Earl, prosecuting some rebels that were in the country, killed some of them, and took their chieftain prisoner, whom the Earl's men carried to Sir Henry Folliot to be executed ; for which service the Earl had this reward, that his adversaries proffered to the imprisoned person to save his life, if he could accuse the Earl of any crime that might work his overthrow; which the prisoner could not do, whereupon he was hanged.

22. Item.-The said Carey directed a general warrant to Sir Ralph Bingley, vice-governor of Lough Foyle, and to Captain Coale, vice-governor of Ballyshannon, to compel all such tenants as Sir Neill demanded, to return to him with their goods and chattels; by virtue whereof the said vice-governors may motion of an examination which was to be taken of 12 of the Earl's men and as many of Sir Neill's; and the men being come thereunto, the Earl's men were not examined, but locked up in a room, and the vice-governors, upon the false deposition of Sir Neill's men, directed warrants and sent soldiers to the number of 300 to bring all the Earl's tenants, against their wills, unto Sir Neill, to the number of 340 persons; who paid half a crown a-piece, and 12d. for every cow and garron, as fee to the captains, whereby they lost their ploughing for the space of 28 days, the soldiers being in the country all the while.

23. Afterwards the Earl, finding no other respect at the said Carey's hands, went into England, where he made complaint and procured letters of sundry articles in answer of demands unto Sir Arthur Chichester, then and now Deputy; who, upon receipt of them, seemed very respectfully to give the Earl contentment in his said demands, withal consented and gave warrant for the establishing the Earl in the possession of Lifford; which, however, he called, the next day, and still deferred the matter until his going a progress into the north; where he, being come, and having taken a view of the town, called to council Sir Henry Docwra, to know his opinion concerning the necessity of the place for His Majesty's service; and he, more for his own profit than for His Majesty's service, as by the sequel hereof may appear, judged it to be a place most requisite for His Majesty's use, but afterwards, at the Lord Deputy's being at Sir Henry's house, Sir Henry's wife begged a lease of the said town with the market thereof for one-and-twenty years, whereby he detected his project in the delivery of his so unjust and wrongful an opinion concerning the said place; all which the said Lord Deputy will not deny to be true.

24. Item.- After the Earl was in possession of Castle Doe, by Sir George Carey's warrant, one Neal McSwyne, pretending a title to it, forcibly entered with others into the said castle, the Earl being in England, and dispossessed the Earl's constable out of it, and kept it by virtue of an order afterwards granted by the Council against the Earl. And atthe Earl's return out of England, he made humble suit unto the Lord Deputy to be again restored into the possession whereof he was so treacherously despoiled, until a course of law were taken between the said Neill and him; which he could not obtain, but the possession was maintained for his adversary against him until the said Neill went into rebellion, by means whereof the Earl lost the rent of sixty quarters of land for the space of one year and a half, paying the King's rents yearly for the same; and afterwards the Earl besieged the castle and won it at his own charges ; in recompense of which service the Lord Deputy appointed to Captain Brook to dwell there, and constrained the Earl to accept of such rents as he had given order to the said captain to pay, and to pass to the said captain a lease thereof, and four quarters of the best lands thereunto annexed, for one and twenty years.

25. Item.-One Captain Henry Vaughan, being sheriff the year 1605, got a warrant towards the charge of a sessions house to levy Ł150 upon the country, which house was only builded of timber and wattles; and notwithstanding that the said captain promised to make it substantial and durable, yet it was not worth ŁlO, it having fallen within one month after the building thereof; but nevertheless he sent soldiers, upon the country's charges also, to levy every penny of the said money, and afterwards the country was forced by the Lord Deputy's appointment and order to defray the charges of another sessions house for the next year ensuing.

26. Item.-At the same sessions, 1605, the Lord Deputy being at Lifford, there was one Owen MacSwyne to be executed ; unto whom, by the appointment of Sir Oliver Lambarde [Lambert], who gave a caveat unto Sir Henry Folliot from time to time as often as there should be any persons to be executed, to assure them of their lives if they informed of any matters to overthrow or prejudice the Earl, Sir Henry sent privately, promising him his life and large rewards if he would charge the Earl with some detestable crime.

27. Also, at the same sessions, the Earl was called to the bar for hanging of some woodkerne during the Lord Lieutenant's [Mountjoy] time, he having then authority to execute martial law, insomuch that he was fain to plead a particular pardon which he had, for otherwise the general pardon would not avail him or stand him in any stead, as the judges alleged.

28. Item.-Within a short time afterwards, by the said Lord Deputy's orders. Sir Henry Docwra's and Sir Henry Folliot's horsemen and footmen were cessed upon the country, where they remained for four months, and paid nothing for their charges of horse meat or man's meat.

29. Item.-The Earl having purchased sixteen hundred pounds' worth of his own inheritance from Sir Ralph Bingley, who entered into bonds of the staple of three thousand pounds for the maintaining of the Earl in possession of all the lands and hereditaments that he had passed unto the Earl, against all persons pretending title unto the whole or any part or parcel thereof; yet did the Council give warrant unto one that was Sir Ralph's tenant, before the passing over of the said land to the Earl, to enter into possession of all such lands as he formerly held by virtue of a writing that was between him and Sir Ralph, mentioning no certain rent, but what Sir Ralph pleased to demand ; and so he continued, by their order, in the said possession, and paid no rent unto the Earl. And into another part of the said lands the Bishop of Derry entered, pretending the same as his right; and afterwards Sir Ralph having arrived in Ireland, the Earl made suit unto the Lord Deputy to have him apprehended until he should perform covenant according unto the said bond which the Lord Deputy would not do, but bade him to deal with the mayor of Dublin, and have him arrested; and when the mayor's officer was brought to execute the arrest, with as full authority as might be, Sir Ralph showed the Lord Deputy's warrant of protection, whereby the Earl lost both the lands and money aforesaid.

30. Item.-At the said Lord Deputy's coming into Fermanagh, in 1606, the Earl having gone thither to meet him, he sent privately to apprehend one Teige O'Corcoran, servant McGouire (sic), and brought him secretly into the tent where he slept, where he was bound and tortured with bed cord to the end he might charge the Earl with something tending to the Earl's overthrow and ruin, where he continued for the space of five days ; within which time the said Lord Deputy came to Ballyshannon, where he, being at supper, demanded of the Earl what right he had to the former things he claimed in the several territories before specified; whereunto the Earl answered that his ancestors were in possession of the several territories before specified for one thousand three hundred years, and that the said duties, rents, and homages were duly observed and paid during the said time; whereunto he replied that the Earl was unworthy to have them, and that he should never enjoy them, and that the State was sorry that he had so much left him as he had then in possession, and withal wished him " to take heed of himself, or else he would make his pate ache." All which he said in the presence of the Lord Chief Justice, others of the Council, and divers gentlemen that sat at the table.

31. Item.-At the same time there were sundry old challenges of tenants, preys, and spoils, between the Earl and Sir Nial, which controversies the Earl, for his part, at the Lord Deputy's entreaty, referred to his Lordship's censure, delivering up all the papers, he promising first to the Earl to order and award to the Earl at leastwise all the said spoils taken by virtue of Sir George Carey's warrant; and notwithstanding the said promise, there were three hundred pounds ordered against the Earl, and all his challenges frustrated, and his papers burned. And afterwards Sir Nial's papers were privately given back again to himself, by reason whereof the Earl was forced at the last sessions to give to Sir Nial the benefit of all the said papers again, he having nothing to show to the contrary.

32. Item.-At the said Lord Deputy's return again into Fermanagh he sent for Magouire, and wished him to accuse the Earl, who protested and swore that he could not charge him with anything ; to whom the Lord Deputy replied again; with an oath, that he should never part with him until he had confessed as much as Teige O'Gorcoran, above mentioned, had declared, it being in verity nothing at all; and yet the said Teige was charged by them as having confessed matters against the Earl.

33. Item.-One Ferighe O'Kelly, being condemned to be hanged at Athlone for some delict, was proffered his life by a man sent secretly to him by the said Lord Deputy, which messenger arrived and came to the said Ferighe just as he was to be hanged, and delivered to him his errand, which was a proffer to him not only of his life, but also of large rewards, if he would charge the Earl with treason ; which he promised to perform, and thereupon was taken back again, and was privately examined; but they, finding his examination to halt, as no wonder it should, being forged at the same instant, sent him to prison, there to remain until he had justified somewhat of what he had promised; and if he could not do it, that then he should be hanged. But there he continued until the Earl's departure this last time out of Ireland.

34. Also a gentleman named Donagh O'Brian, who had some time followed the Earl, was committed to prison in Athlone, out of which he made an escape; and afterwards Sir Oliver Lambarde sent a protection to him, and he being come before the Lord Deputy and the said Sir Oliver into a private chamber. Sir Oliver told him that he should not only have his pardon but also large rewards if he would charge the Earl with treason; but the gentleman, who neither could nor would charge the Earl with anything, rather made choice to abandon his native country, than to stay therein to feel the effects of their merciless mercy.

35. Furthermore, one Owen Gany M'Cormack, natural of Moylurig, within the county of Roscommon, was taken prisoner, and brought before the Earl of Clanricard and the Council of Connaught, by the Lord Deputy's order, to accuse the Earl with somewhat as before; and being examined, he swore, in the presence of them all, that he could not charge the Earl with anything at all; whereupon be was enlarged.

36. Item.-One Ferighe O'Kelly was to be executed in Galway, whose life was offered unto him if he would accuse the Earl, and, because he could not charge him with any crime, he was hanged.

37. Furthermore, the said Earl can justify, by good proofs, that of twenty and seven persons that were hanged in Connaught and Tyrconnell, there was not one but had the former, promises upon the like conditions made unto them.

38. Item.-One Captain Ellis ravished a young maiden of the age of eleven years, in the Earl's country; which matter was presented by a jury to the sheriff in his term court; whereof the Earl understanding, informed the Lord Deputy, and withal prayed his Lordship to proceed against the said Ellis according to his delicts; but he refused to do it, and directed the Earl to claim for the verdict of the said jury at the next sessions to be holden within the country, promising withal never to grant a pardon to the said Ellis, in the presence of many nobles and gentlemen. But the matter being moved at the next sessions, and afterwards referred again to the jury, they presented the said Ellis guilty; whereupon he being absent, a writ of outlawry was directed, which the Earl has to show, under the clerk of the crown's hand; and yet the Lord Deputy, notwithstanding his former promise, granted the said Ellis his pardon.

39. Also the said Ellis told an Englishman, that afterwards of himself acquainted the Earl therewithal, that he would come with soldiers and raise an alarm and cry near the Earl's house, and that, when the Earl should come forth, he would kill him, making no question of obtaining his pardon notwithstanding; which words of his the Earl showed to the Lord Deputy in the presence of many, adding herewithal an oath how he stood not assured of his life, if the said Ellis were not restrained or bound to the peace; neither of which so just demands could the Earl obtain.

40. Item.-The duties of the fishing of Kelbegge [Killybegs] being the Earl's, as a thing that was found by the survey to have been in his ancestors' possession for 1,300 years before, was taken away from him by Sir Henry Folliot and the Bishop of Derry, it being worth Ł500 for that season; which wrong the Earl showed to the Lord Deputy, and could get no other redress than that the Deputy addressed a warrant to the Bishop of Derry, to maintain him in the possession thereof against the Earl, both for that season and all times ensuing.

41. Item.-The said Sir Henry having occasion to use carriage horses, took away those 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 the Earl's boys to lead them, and ran another in the thigh with a pike for refusing to go with them; whereof the Earl likewise complained, but could have no satisfaction.

42. Item.-The three McSwynes and O'Boyle, who always held their lands from O'Donell, paying what rent he pleased to impose upon them, and who consequently ought to hold from the Earl on the same terms, as was also found by the above-mentioned survey, seeing that they all and either of them had made over all their estates and rights unto the Earl by their deeds of feoffment, and suffered a recovery to be passed in form of law, and taken their said lands again from the Earl by lease of years, for certain rents; yet, notwithstanding, the said Lord Deputy gave several warrants to every one of them that demanded it, to pay no rents to the Earl; and, if he should demand any other of them than that they themselves pleased to pay, in such a case the Governor of Derry was required to raise the country from time to time, and resist and hinder the Earl from taking up his rents.

43. The Earl, upon this, made a journey into the Pale, to know the reason why he was debarred from his rents; and lodged, on a certain night, in the abbey of Boyle, where scarce was he arrived, when the constable of the town, accompanied by 20 soldiers and their ensign, and all the churls of the town, environed and fired the house wherein the Earl lay, he having no other company within it than his page and two others of his serving-men. But it befel, through the singular providence of Almighty God, whose fatherly care he has 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 stones and staves in the Earl's face, and running their pikes and swords at him, until they had wounded him in six places, besides his other bruisings with stones and staves; they menacing to kill him, affirming that he was a traitor to the King, and that it was the best service that could be done to His Majesty to kill him. And that all this is true, Sir Donogh O'Connor, who was taken prisoner by the same men, because he would not assist them in their facinorous and wicked design of killing the Ear), will justify; but in the morning the Earl was rescued by the country folk, who conveyed him safely out of the town. And when the Earl complained and showed his wounds to 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 verily persuades himself - which 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 Lambarde, who had purposely drawn the plot of the Earl's ruin, and set the ensign on to execute it, as the Earl will also justify.

44. Finally, the said Lord Deputy having written to the Earl for some hawks this last summer, the Earl, desirous to continue his accustomed annual benevolence and amity towards him, of bestowing some hawks on him, sent him a caste, he himself remaining only with two caste more to bestow on his other good friends; all this, notwithstanding, the Sheriff of Tyrconnel caused one Donell Gorme McSwyne, being one of those before deputed by warrant to detain the Earl's rent, to take up the hawks from the Earl's man, and sent them to the Lord Deputy, whereof the Earl understood, he being then at Dublin, and made the Lord Deputy a challenge for his hawks, yet could not recover them; whereat grieved, he said that he found himself more grieved at their loss in that nature than at all the injuries he had before received; whereunto the Deputy replied, that he " cared not a rush for him or his bragging words," warning him withal to look well to himself, in the same threatening manner that he had done before at Ballyshannon.

Pp. 13. Endd.: "To the King of England, His most

Excellent Majesty. For the Earl of Tirconnell."

Quoted in Calendar of State Papers, Ireland, 1606-8, pp 364-74.