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Message: <blockquote data-quote="scolairebocht" data-source="post: 148090" data-attributes="member: 8">36. Fearigh O’Kelly was to be executed in Galway, his life was offered to him if he would accuse the Earl and because he could not charge him with anything he was hanged.37. The Earl can bring good proof that 27 persons hanged in Connaught and Tyrconnell, all of them had the same promises made to them if they would accuse the Earl.38. Captain Ellis having ravished a maiden of 11 years in the Earl’s country and caused 2 soldiers to hold her hands and legs etc, which was presented by a jury to the sheriff in his term court, whereof the Earl informed the Lord Deputy and prayed his Lordship to proceed against Ellis, which he refused and only wished the Earl to demand for the verdict of the said jury at the next Sessions and promised never to grant a pardon to the said Ellis in the presence of several noble men & gentlemen, and the matter being moved at the next Sessions and again referred to the jury, they presented Ellis guilty, upon which he being absent, a writ of outlawry was directed, which the Earl has to show under the hand of the Clerk of the Crown, and yet the Lord Deputy notwithstanding his promise, granted Ellis his pardon.39. The said Ellis told an Englishman who acquainted the Earl therewith, that he would come with soldiers and raise an alarm near the Earl’s house, and that when the Earl should come forth he would kill him, making no question of obtaining his pardon, which words the Earl showed to the Lord Deputy in presence of many, adding with an oath how he stood not assured of his life, if Ellis were not restrained, or bound to the peace, neither of which just demands could the Earl obtain.40. The duties of the fishing of Killybegs being the Earls and found to have been in his ancestors possession by the survey of 1300 years before, was taken from him, (it being worth £500 that Season) by Sir Henry Folliott & the Bishop of Derry, which wrong the Earl showed to the Lord Deputy but could get no redress save that the Lord Deputy addressed a warrant to the Bishop to maintain him in the possession against the Earl, both for that season and all times ensuing.41. Sir Henry having occasion to use carriage horses, took those that served the Earl’s house, with fuel and wood for fire; & the soldiers scorning to lead the horses themselves, went into the Earl’s house and forcibly took out one of the Earl’s boys & ran another unto the thigh for refusing to go with them, whereof the Earl complained, but could get no redress.42. Three McSweeneys & O’Boyle, who always held their lands from O’Donnell, paying what he pleased to impose, & so from the Earl as was also found by the said survey, and they also made over all their estates rights to the said Earl by deeds of enfeoffment & suffered a recovery in due form of law & again took their said lands from the Earl by lease of years for certain rents, notwithstanding the Lord Deputy gave warrants to every one of them that demanded it, to pay no rent to the Earl, & that if he should demand any other of them than that they pleased to pay, then the Governor of Derry was required to raise the country from time to time and resist the Earl from taking his rents.43. On the Earl’s journey into the Pale to know the reason why he was debarred from receiving his rents, he lodged on a certain night in the Abbey of Boyle, where he was scarcely arrived, ere the constable of the town, accompanied by 20 soldiers and their ensign, and all the churls of the town, surrounded & fired the house where the Earl lay, he having no company with him, but his page & 2 Serving men, but through the singular Providence of all mighty God (whose fatherly care he hath ever found vigilant over him), he was able to defend himself against them the whole night, they using all other industry to fire it on one side, & throwing in stones & Staves in the Earl’s face, & running their pikes & swords at him, until they had wounded him (besides his other bruises from stones & staves) in six places. They swearing to kill him, affirming that he was a traitor to the King, & that it was the best service they could do him to kill him. And that all is true Sir Donogh O’Conor (who was taken prisoner by them because he would not assist in their wicked design, to kill the Earl) will testify, 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 & showed his wounds to the Lord Deputy he promised to hang the constable & ensign, but afterwards he 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 surmise was afterward confirmed in him by the credible report of many) that some of the State were sorry for his [escape] but especially Sir Oliver Lambert, who had purposefully drawn the plot of the ensign, and set the ensign on to execute it, as the Earl will also justify.44. Finally the Lord Deputy having written to the Earl for some hawks this last summer, the Earl, desirous to continue his accustomed amicable benevolence and amity towards him, and bestowing some hawks on him, sent unto him a cast, he himself remaining only with two cast more to bestow on his other good friends. All this notwithstanding, did the sheriff of Tyrconnell cause one Donal Gorme McSweeney (being one of those before deputed by warrant to detain the Earl’s rents) to take up his hawks from the Earl’s man and sent them to the Lord Deputy. Whereof the Earl understood, he being then in 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 other injuries he had before received. Whereunto the Lord Deputy replied that he cared not a rush for him and his bragging words, warning him withal to look well to himself, in the same threatening manner that he had done before at Ballyshannon.Endorsed to the King of England, his Most Excellent MajestyFor the Earl of Tyrconnell.”SourceAn abstract of the exactions etc, spiritual as well as temporal, suffered by the Earl of Tyrconnell, from the 1st of James I to this year 1607, PRONI D3835 A 4 579 to 575. Possibly the slight summarising or abstracting of this text occurred among the State Papers somehow, or by the transcriber, Richard Nugent, when he perused the Irish State Papers and transcribed this c.1860. In any case what seems to be the full text is available in Rev Charles Patrick Meehan, The fate and fortunes of Hugh O’Neill, Earl of Tyrone, and Rory O’Donel, Earl of Tyrconnel (Dublin, 1868), p.207-225, although, as noted above in square brackets, some slight differences can be seen.</blockquote>

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