EARL OF TYRONE, MAGWYRE, and Others. MS 603, p. 6 20 June 1549
MS 603, p. 6
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 188.
Order made by the Lord Deputy and Council of Ireland at Dublin, 20 June, 3 Edward VI., between Con, Earl of Tyrone, and Phelom Roo; and between the said Earl and Lord Magwyre and Patrick McRory; and also between Cowla McCardill, James McCardill, McDonell, Hugh O'Neyle, and other inferior captains and gentlemen in Ulster.
The said Phelom complains that the Earl of Tyrone and the Baron of Dungennan, his son, detain certain lands from him. It appears that by an order between the aforesaid parties made at Trym, 1st Jan., 34 Hen. VIII., the said Phelom was to have such lands as his father was seized of in Tirone, as of his inheritance, at the time of his captaincy there; and that Sir Walter Bedlow, the Dean of Armagh, McDonell, Arthur McDonell, Moriertaghe O'Neyle, Donald McMelaghlyn, Iberus McPhelym McBryne, and Egidia Ynytege McCoyne, or the greater part of them, were to determine the metes and bounds of the same lands, and declare the same metes before the Lord Primate of Armagh and the Baron of Lowthe, at Dundalk or Carlingford. As they have not yet made that declaration, we order that as many of the above-named persons as are still living, or any others approved of by the Lord Primate and Baron of Lowthe, shall make the same declaration of metes and bounds before the Lord Primate, Lord Lowthe, and James Gernon, between this and Michaelmas next. This declaration shall obtain due effect.
As to the restoration of spoil now in litigation between Cowla McCardill and James McCardill, the said Cowla committed that spoil upon the same James for certain unlawful payments, ransoms, and rewards, which are altogether repugnant to the decree of the Lord Deputy and Council. Therefore the said James shall have full restitution of the said spoil; and because the said Cowla was bound in 100 marks (as Mr. Thomas Cusake asserts) to make restitution, he shall remain in prison under safe custody until restitution be made.
As to the complaint of Patrick McRory, captain of Ferney, against the said Earl of Tyrone for the death of Redmund McRory, late captain there, and the spoil of that country, it appears to us, by the relation of the Lord Primate, the Baron of Lowthe, and Mr. Thomas Cusake, that the premises were decided and ordered at Drogheda (villam Pontanam) between the parties; which order (signed by the hands of the said arbitrators) remains in the custody of the Lord Primate. Therefore our decision now is, that the said Earl shall perform the said order; and because the said Patrick is entirely exempt from the rule of the said Earl, and the country of Ferney is not part or member of Tyrone, it is ordered that the same Patrick and his successors shall be exonerated towards the said Earl and his heirs from all rents, bonaughts, tributes, suits, services, and personal obediences, and shall immediately obey the King, and remain for ever under his peace and defence. The said Patrick and his successors shall pay all dues to the King.
Complaints exhibited on the part of Magwyre against the Earl of Tyrone.--The said Earl has burnt and spoiled his country and put his men to death. By affirmation of the parties it plainly appears to us that this matter was formerly ordered and arbitrated between them, and that it was decreed the said Earl should defend Magwyre against all men in the country under his rule. We adjudge that the said order shall obtain its due effect.
Magwyre also complains that Con O'Neyle, son of the said Earl, made two spoils upon him; and the said Earl acknowledged that he ought to compel Con to make restitution. Therefore it is ordered that the said Earl shall compel his son to make such restitution as shall be proved to be due before the Bishop of Clogher, McMolyn, and Patrick Oge O'Multhry. Magwyre has further complained that John O'Neyle, another son of the Earl, spoiled this country and killed 11 of his servants and followers. As from the confession of the parties it appears that the said John had no just cause of committing the same spoil, we order that the said Earl, according to the prior order, shall procure restitution. Magwyre further complains that they of the sept (stirpe) of Arthur O'Neyle committed divers spoils upon him. It is ordered, with the consent of the said Earl, that the same sept (prosapia) shall make restitution; and that Magwyre shall make similar amends to them, as before the said arbitrators it shall be proved. A similar complaint was exhibited by Magwyre against Terence O'Neyle, that he took certain of Magwyre's servants against his will, who committed against him as well slaughter of men as divers other damages. It is ordered that the said Terence shall deliver to Magwyre so many of his followers as Magwyre shall prove to be his, and for whose deeds he shall answer before the above-named, or three of them. As to the lands which Magwyre complained were kept from him by the said Terence, Magwyre affirms that those lands are in Farmanagh, and on the contrary, the said Earl alleges that they are in Tyrone, and it is unknown by us in what country they are situate. Therefore we order, that if it shall be proved before the Bishop of Clogher, McMolyne, and Brian McOwen Bought y Neyle, that they are situate in Tyrone, they shall be yielded to the said Terence; or if in Fermanagh, to Magwyre. Lastly, Magwyre complains that Con McBryne O'Neyle made divers spoils upon him, and they are confessed by the Earl of Tyrone. Therefore it is ordered by us, with the consent of the said Earl, that Con shall make restitution; and Magwyre shall do the same if he has done wrong.
Magwyre shall deliver a sufficient hostage into the hands of Hugh Oge McMahon to the use of the said Earl, for the performance of the said prior arbitration. Then the Earl shall see that restitution is made to Magwyre. Subsequently Magwyre shall pay to the said Earl a ransom for his hostage, or, if he refuse to do so, the said hostage shall be delivered to the Earl. Provided that if restitution be not made by Michaelmas next, the same hostage shall be delivered to Magwyre, who shall be exonerated against the said Earl in respect of the prior order.
Moreover, Magwyre shall not be burthened with, or pay to the said Earl or his heirs, rent, bonaught, tribute, suit, or service; nor shall the Earl demand of Magwyre, or of any other person in Farmanaghe, any manual or personal service. Magwyre shall be immediately subject to the King, and remain for ever under his peace and defence, and shall pay to his Highness bonaught and all other dues.
McDonell complains that Hugh O'Neyle detains from him two horses, the restitution of which, as stated by the Lord Primate, the Baron of Lowthe, and James Gernon, has been adjudged. It is ordered that the first order shall obtain due effect.
The Lord Primate complains that Hugh O'Neyle occupies his lands in Clankerroll, parcel of the manor of Yneskyn. At "villam Pontanam," called Drougheda, it was ordered by the Council there, that neither Bernard McMahon nor any other person should occupy those lands unless with the consent of the Primate. We therefore order that the said Hugh shall pay to the Lord Primate rent for the last half year, and as long as he shall occupy the said lands, and that he shall not occupy them unless with the licence of the Primate.
The Dean of Aredemaghe complains that the Earl of Tyrone will not permit him to enjoy his deanery. As it appears to us that the Dean was lawfully nominated and elected, we order that the Earl shall permit the Dean to occupy that benefice.
Charles McHughe Roo complains that Patrick McRory, captain of Ferney, has oftentimes committed manifold wrongs and injuries against him. These disputes were formerly determined by the Baron of Slane, whose order we adjudge the said Patrick to perform. But as the certainty of the same order does not appear to us, we have appointed the Primate, the Baron of Lowthe, and James Gernon to examine the said Baron of Slane, and to learn from him the circumstance and process of the said order. Then the said order shall be duly performed by the parties. If it appear to the Lord Primate and the other arbitrators that anything between the said Patrick and Charles remains unrestored, they shall duly determine it before Michaelmas next; and in the meantime each party shall observe the King's peace, and this upon surety (fide-jussio), otherwise called "slantye," of the Lord Deputy in 200l. For the better observance of the same, and for the delivery of their hostages into the hands of the said arbitrators at a day to be assigned by them, the said Patrick and Charles have placed themselves in the hands of the Lord Deputy; and his Lordship shall permit them to depart upon his "slantye." The said Patrick is to place Rory Boye, his eldest son, and the said Charles Edmund his eldest son, in the hands of the said arbitrators as hostages, after they have returned home, when they shall be required by the said arbitrators.
The Earl of Tyrone demands from Magwyre the 120 kine and 10 horses which he gave to Magwyre on his marriage with his daughter, who left Magwyre and fled to Phelim Roo, with whom she now remains. As the Earl's daughter was married to McGwyre and not divorced from him, but quitted him without his consent, it is ordered that Magwyre shall make no restitution of the said goods, and shall receive his wife again, as he is content.
The said Earl requires from the said Magwyre 320 mares which the murderers of Magwyre's father carried away to the Earl, and which the Earl caused to be restored to the parties seeking them. Therefore it is ordered that Magwyre shall not be bound to make restitution.
The said Earl claims from Magwyre 1,300 kine for his nomination as captain, which the Earl alleges he promised him on that account. Magwyre, in answer, alleges that he entirely refused the Earl's nomination, and received his nomination to the captaincy there from the King; and that he held his country from the King and his late Deputy by indentures. It is therefore ordered that Magwyre shall be acquitted of the Earl's claims and demands, and for ever exempted from his rule and order.
The said Earl also requires eight horses, an armed tunic, otherwise called a "jacke," and an "habergyne," which he gave to Magwyre as a stipend and for his service, which he has not rendered hitherto. Nevertheless, because Magwyre has well merited the premises, and duly rendered his service to the said Earl, we order that he shall be acquitted towards the said Earl.
Rory, son of Redmund McMahon, has complained that his grandfather was seized of certain lands in Ferney; and after his decease they descended to a certain Mollaghlen, brother of the whole blood and lawfully born to the said Redmund; and after the death of Mollaghlen to Re[d]mund, father of the said Rory, as Mollaghlen's brother and heir. After the death of the said Re[d]mund the said lands ought to have descended to the said Rory; but while the said Rory was a minor, Patrick McRory entered them and still retains them. The said Patrick could not deny this, but he claimed them as elder brother to the same Redmund, though he was illegitimately born. We order that the said Rory shall have all such lands as the said Redmund had and enjoyed.
Phelom Roo has complained of the Baron of Dongenen for divers spoils, thefts, and robberies committed during the last five years. This contention, by the confession of the parties, was ordered between them by the Lord Primate, the Baron or Lowthe, and Justice Howthe, and we decree that the same order shall be duly performed. The said Phelom confesses to have that order in his custody, and is content to send it to the said Lord Primate and Baron to read; and the said Baron [of Dongenen] offers to make restitution of what remains unrestored. For the performance of the said order, and for preserving the King's peace on both parts, the same Baron and Phelom have placed the Lord Deputy as surety, otherwise "slanty," for them; penalty 200l.
Brian Fertagh O'Neyle complains that the Earl of Tyrone detains in prison a certain Phelom Rioghe McShane Dowe. The said Earl affirms that he was a public malefactor, and spoiled the daughter of the Prior, the widow McQuilyn, ["Filiam prioris viduam McQuilyn."] and took from her and divers others a great number of kine and draft horses (caballorum). As the Earl has no just or reasonable pretext for detaining the said Phelom, especially as he is not of the country of Tyrone, or under the rule of the said Earl, --although we have not thought it convenient to restore him to liberty, because the parties aggrieved would thus be without remedy, --nevertheless it is ordered that the same Phelom shall deliver his best hostage into the hands of Donald McEnnosse, knight, until the Lord Primate of Ardemagh shall have heard the complaints of the said widow and others; and the Earl shall deliver the said Phelom to the said Magennesse, to remain in his hands. Because the said Brian Fertagh is totally exempted from the rule of the said Earl, it is further ordered that the same Brian and his successors, and all others of Claneboy, shall be exonerated against the said Earl and his heirs, from all rents, bonnaughts, tributes, services, and personal obediences, and pay all dues to the King.
Hugh O'Neyle complains that McDonell, who is now dead, promised him 40l. in the name of a purchase, ["Emptionis."] (as is the custom of the Irish,) in order that he should be a friend to him from thenceforth; and that McDonell, who now is, interfered for the payment of the said sum. ["Intervenit pro solutione."] It appears to us, by the relation of the Primate and Baron of Louth, that that matter has been before this time determined by them, and that by their order the said McDonell, now dead, was exonerated from payment of the said 40l. We order therefore that the said McDonell, who now is, shall not be burthened with the payment of the said sum. As for all other controversies, litigations, and quarrels depending between them, as well respecting homicides, felonies, and robberies, as depredations, burnings, and other similar offences, we have remitted them to the determination and judgment of the said Primate and Baron of Lowth, together with James Gernon.
Finally, that all the above-named shall keep the King's peace towards each other, perform the above orders, and render obedience and service to the King, the Lord Deputy is surety or "slantye" in 1,000l., to be levied upon their bodies, goods, and lands at his pleasure, and as their demerits shall demand and require. They have also made solemn oath on the holy gospels for the observance of the premises on the day, month, and year above written. They renounce, moreover, the usurpation called "slantye" in any parts beyond their rules, unless they be assigned to it on urgent necessity by the Lord Deputy.