Note (return) — Chapter VIII

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 C.P. Meehan has brought to light the categorical narratives, which the earls dictated, and which had lain unpublished among the 'old historic rolls,' in the Public Record Office, London.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.'