MAGONIUS O'DONELL AND HIS SONS. MS 603, p. 50 18 July 1549
MS 603, p. 50
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 190.
Covenants and orders made by Sir Edward Bellingham, Deputy, and the Council, between Magonius O'Donell, chief of Tirconnell, and Calough his son, and between the same Calough and his brother Hugh, touching the disposition of the castles of Fyn and Liffer, and other controversies, 18th July, 3 Edw. VI.
By occasion of the war between the said Calough, Hugh O'Donell and the sept of Hugh O'Galthar, the kinsmen and followers of the same Hugh O'Donell, (the same Calough dwelling in the castle of Liffer, and Hugh in the castle of Fynne, which castles are not more than three miles apart,) the country was thoroughly desolated, in consequence of their frequent depopulations and burnings. We have heard the allegations and titles of each of the parties to the said castles, but could not definitively determine to whom they belong. Now, however, O'Donnell has submitted himself to our order.
(1.) We decree that the castle of Fyn shall be delivered to O'Donell, and that he shall not grant it to the said Hugh, the sept of Hugh O'Galthar, or any other, except the said Calough. O'Donell shall not appoint under himself in the said castle a constable or any other having horsemen, kerne, or Scots, for fear of disturbing the country, but only one man to keep the house and superintend agriculture there. With the said castle O'Donell shall have Twoekynall Mohana, upon which it is built, and the circuit of land on each side of the town hitherto belonging to the castle, together with the barony of Clanheyne, which extends westward from the said castle twelve miles towards the mountains.
(2.) Because the said Calough took his oath to serve the King, to follow his father in all things lawful, and keep the King's peace towards his father and the whole country, it is ordered that he shall have the castle of Liffer, where he now dwells, with such lands of the said Twoakinaly Mohana as have at any time belonged to the castle since it was built, or which ought to belong to the castle or the town, with two baronies called the Lagan and Tirrebressell, extending from Dyrre to Lyffer, with all the profits, fisheries, and perquisites now in his possession; annually paying the usual rent and dues to O'Donell as principal captain, excepting the profits of the fishery of Loghfoyle, and the rents, profits, and casualties belonging to the town of Dyrre, for which O'Donell is content every year to give him 20 marks.
(3.) All the prisoners now in the custody of Calough, of the kinsmen and servants, [Sic.] and all those whom Hugh O'Donell, the sept of Hugh O'Galthar and O'Donell detain as prisoners of the sons, servants, and followers of Calvatius, shall be liberated without ransom, as soon as O'Donell and Calough have returned Tirconell.
(4.) Whereas O'Donell detains in prison McSwyne Faenet, the cause of whose incarceration he affirms to be that he committed spoil on Margaret O'Donell, daughter of the said O'Donell; we order that as soon as O'Donell has returned into his country he shall conduct McSwyne before the Bishop of Dyrre, O'Doughertie, and Donald Gorme McSwyne, and of as much as shall be proved to have been taken away, McSwyne shall be compelled to make restitution, and then O'Donell shall liberate him; a hostage being placed by McSwine in the hands of O'Doughertie for performance of the restitution.
(5.) Walter McSwyne shall be restored to liberty, and deliver his hostage into the hands of O'Duagherty to stand to the arbitration and order of said Bishop and O'Duagherty in all contentions depending between him and O'Donell.
(6.) Because the damages between O'Donell and Calough and between Calough and Hugh and the sept of Hugh O'Galthar are so immense that they are wholly unable to make restitution to each other, we order that restitution shall be made of all horses, draft horses (caballorum), kine, armour (loricarum), and other goods, which can be proved within the country of Tirconell.
(7.) Con O'Donell shall have the baronies of Glanele and Tyremakkyryn, which lands used to belong to the Tanist there; and O'Donell shall dispose his son Hugh and the sept of Hugh O'Galthar to dwell elsewhere within the country, where they will give no occasion of contention.
(8.) Joan O'Reyly, late wife to O'Donell, possesses the castle of Bellike, which O'Donell desires to be restored to him, alleging that the said Joan has no title to it. The castle was given by him to her upon certain conditions, by a writing in the Irish tongue, and now, of his own accord, he confirms his former grant, on condition that if the said Joan shall hereafter permit the said Calough, Magwyre, or any other to disturb the country of Tyrconell or O'Donell himself with the aid of the said castle, she shall forfeit it. O'Donell promised that the castle should be given to his said wife with a sufficiently strong garrison. If hereafter he should be in a more peaceful mind towards her and her children, it shall be free to him to claim the said castle in his own right.