The Land-War In Ireland (1870) Part 6

CHAPTER VIII.

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 amba.s.sador 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 pa.s.sed, 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 amba.s.sador 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 ill.u.s.tration of the saying, that the use of speech is to conceal thought, than in the representations which the amba.s.sador 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 amba.s.sador 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 amba.s.sador expressed his satisfaction at this a.s.surance, 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 fas.h.i.+on, 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 a.s.sured 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 a.s.sured 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 conscientiae_, 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 amba.s.sadors 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 friends.h.i.+p 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 ingrat.i.tude 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 ingrat.i.tude, 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 doc.u.ments 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 ma.s.s 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 pet.i.tion, 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 fis.h.i.+ngs 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 princ.i.p.alest 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 a.s.sure 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 n.o.bility 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 presidents.h.i.+p 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 inst.i.tution 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 a.s.sizes 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 s.p.a.ce 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 a.s.sessed 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 compa.s.s 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 n.o.blemen 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-fis.h.i.+ng 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 t.i.tle 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 a.s.sailants 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 punis.h.i.+ng 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 _protege_ and pretender to the chieftains.h.i.+p, 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 s.p.a.ce 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 G.o.d, 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 a.s.sist 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.]

CHAPTER IX.

THE CONFISCATION OF ULSTER.

Sir Toby Caulfield, accompanied by the sheriffs of Tyrone and Tyrconnel, followed quickly the proclamation of the lord deputy to the people of Ulster, and took possession of the houses, goods, and chattels of the fugitive earls. Sir Toby was further empowered to act as receiver over the estates, taking up the rents according to the Irish usage until other arrangements could be made. His inventory of the effects of O'Neill in the castle of Dungannon is a curious doc.u.ment, showing that according to the ideas of those times in the matter of furniture 'man wants but little here below.' The following is a copy of the doc.u.ment taken from the memorandum roll of the exchequer by the late Mr. Ferguson. It is headed, '_The Earl of Tyrone's goods, viz._' The spelling is, however, modernised, and ordinary figures subst.i.tuted for Roman numerals.

_The Earl of Tyrone's Goods, viz._

. s. d.

Small steers, 9 at 10 s. 4 10 0

60 hogs, at 2 s. 6 d. 7 10 0

2 long tables, 10 s.

2 long forms, 5 s.; an old bedstead, 5 s.

An old trunk, 3 s.; a long stool, 12 d.

3 hogsheads of salt, 28 s. 6 d.; all valued at 4 12 6

A silk jacket 0 13 4

8 vessels of b.u.t.ter, containing 4-1/2 barrels 5 17 6