THE O'NEILES. MS 603, p. 71 21 June 1542
MS 603, p. 71
Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. I, document 169.
Arbitrament between O'Neyle, and Felom Roo O'Neyle and MacDonell.
Indenture made at Trym, 21 June 34 Hen. VIII.--Connatius O'Neile, chief of his nation, appeared before Sir Anthony Sentleger, Deputy, and others in the great Parliament there holden, and accused Felom O'Neile, called Felom Roo (Rufus), and his kinsmen, and Captain MacDonell of divers spoils, murders, and other misdeeds by them committed against him since he submitted to the King before the Deputy and Council at Portmore; and on the other hand the same Felom accused Lord O'Neile of similar wrongs; both parties submitting to the order of John Alen, Chancellor, Edmund, Bishop of Kilmore, Oliver Plunket, Baron of Louth (Ligudia), William Bermyngham, Baron of Carbery, Thomas Cusacke of Cosingeston, Master of the Rolls, John Travers, Master of the Ordnance, and George Dowdall, clk., late Prior of Ardee (de Atrio Dei); or, if these should disagree, to the order of the Lord Deputy.
(1.) As to the 120 cows stolen by Bernard, son of Lord O'Neile, from the latter's wife, and conducted under the power of the said Felom, it is ordered that Felom shall not be bound to make entire restitution of them, because it was O'Neile's own son who committed the offence, and his accomplices are now under O'Neile's power; but only of the twelve which came into his possession. Nor shall he be bound to restore certain other cows of the same spoil expressed in a schedule remaining in the hands of George Dowdall, provided that he produce, before the Baron of Louth and Dowdall, his men named in the same schedule, and suspected of the receipt of the cows, for their acquittal.
(2.) As to the 34 cows at one time, and the 80 cows at another time, stolen from Patrick O'Mulcrigh, servant of Lord O'Neile, by Felom and his servants; Felom shall not make entire restitution, but only of the five given him by Raymond Roskyn Kylle and Edmund O'Neile McTirrelagh. If hereafter it should be proved that many of the said cows came into Felom's hands, he shall make restitution according to the arbitrament of the Baron of Louth and Dowdall.
(3.) Whereas Lord O'Neile alleged that Felom stole ------- [Blank in MS.] from his servant Cormac McArdel, it is arbitrated that Felom shall be acquitted therefrom, both for want of proof, and because the said Cormac is servant of Bernard MacMahon, who, if aggrieved, can make complaint to the Lord Deputy.
(4.) As to the expedition lately made by Felom to Armagh with McDonell and other men of war, intending to destroy Lord O'Neile if he found him there, as O'Neile suspected; it is adjudged that Felom and McDonell were innocent of any malicious purpose towards him, but that they offended at that time in taking away with them certain tenants of his lands, with their goods. The said tenants shall immediately return to their homes; and that they may do so without fear, O'Neile has bound himself in 1,000 cows to the Deputy and Council to abstain from injuring them in body or goods.
(5.) As it is alleged that in the same expedition Felom and McDonell made an attack upon certain Scots in the wages of O'Neile at Armagh, the Dean of Armagh, with the clerks and honest men who witnessed it, shall examine the matter.
(6.) With regard to the complaints of Felom against Lord O'Neile, in the first place, touching the murder of Felom Niger O'Neile, it is arbitrated that Lord O'Neile shall be acquitted for his death, because he justly caused him to be hanged for divers thefts.
(7.) Lord O'Neile offended in entering into the church of Tenan, and in taking thence the goods of Owen Yneyle. He shall make full restitution.
(8.) Ferdorogh, son of Lord O'Neile, shall make amends to Felom and his people for all wrongs done to them, according as Bernard Cavan, Felom's brother, shall ordain.
(9.) As the other wrongs alleged in Felom's petition against O'Neile, concern Henry, son of John O'Neile, and his servants and followers, who lately escaped out of O'Neile's power, it is arbitrated that O'Neile shall not be bound to answer for them; but he shall not make peace with the said Henry until he will stand to the fulfilment of justice with the said Felom.
(10.) Very great controversies having long pended between O'Neile and Felom touching divers lands and tenements, which Felom claims by right of inheritance from his father; it is adjudged that O'Neile shall permit Felom peacefully to enjoy all the lands and tenements which his father possessed in Tyrone at the time when he became chief of Tyrone, with the name and dignity of O'Neyle, and such as he afterwards acquired; the metes and bounds to be declared by Sir Walter Bedlowe, the Dean of Armagh, Captain McDonel, Arthur, his brother, Maurice McBreyne Yneyle, Donald FitzMalachi, Enerus FitzFelom FitzBernard, and Chilena, daughter of Thadeus McQuyn, on Tuesday after the feast of St. Peter next, at Dundalk or Carlingford, before the Baron of Louth and George Dowdall; saving to Lord O'Neile his accustomed dominion in such lands, by reason of his superiority in Tyrone, as long as he shall faithfully conduct himself towards the King; and provided that all the passes and public ways of such lands shall be open, and free from woods and other obstacles.
(11.) Lord O'Neile, all his sons and kinsmen, and others under his rule, shall be exonerated towards Felom, his brothers and kinsmen for all spoils, &c. committed before the said submission; and likewise the latter parties against the former.
(12.) As to the complaint of Lord O'Neile against McDonel, both for the slaying of Felom, his eldest son, and for retaining a certain island in Tyrone; McDonel is not bound to any penalty or ransom, after the manner of the Irish, for the said slaying, because the same Felom bore great enmity to McDonel, and frequently threatened him with direful and rough words, and especially because it is manifest that McDonel did not slay him of malice aforethought, but in his own defence. But as McDonel and his followers, fearing the resentment of O'Neile for his son's death, quitted the lands and tenements which they possessed of O'Neile's gift, it is arbitrated that O'Neile shall retain them peacefully, until he be reconciled with McDonel; saving to them the grains and crops now growing there. If a reconciliation take place, they shall surrender the King's castle and lands which they now inhabit by the King's favour.
(13.) As to the island possessed by McDonel in Tyrone, because he has no right to it, it is adjudged to O'Neile; saving to Felom Roo any right he may have to it.