Catalogue description SHANE O'NEYLL.

The form of peace made at Drym Cru, 11th September 1563, between Gerald, Earl of Kildare, and Sir Thomas Cusake, the Queen's Commissioners, and John O'Neyll, chief of his nation.

The said Commissioners have approved and confirmed the said John in the name of O'Neyll until the Queen decorate him by another honorable name. The said Lord O'Neyll to have all the preeminence, jurisdiction, and dominion which his predecessors had, and particularly over the Lords subject to him, commonly called "wrrachadh," [i.e. "urraghs."] and all other gentlemen of his nation, and generally over all others who were accustomed to pay any services to his predecessors.

Also where concord has been established between the said Lord O'Neyll [and] O'Domnaile and his son, the Commissioners approved and confirmed the said concord, and consented that O'Domnaile and his son should pay all things which they promised to the said Lord O'Neill in the said concord; and they were not loth that the Lord Lieutenant and themselves should intervene for the preservation of the said peace and concord.

As to the controversies between O'Neyll, O'Raghill, and Magydhir, it was ordained that O'Neill should choose two of his friends, and that the said O'Raghill and Magidhir should choose two honest men of theirs, to determine the same. If the said four cannot agree, the controversies shall be determined by the Barons of Slaine and Lowth, Sir John Bellew, and the Dean of Ard[magh]. The said O'Raghill and Magydhir shall put their pledges into the hands of the said four persons, for the performance of all orders and judgments made by the said four. If the said O'Raghyll and Magydhir should not observe towards O'Neill the contents of the order, it shall be lawful for the said arbitrators to deliver the pledges to O'Neill. If they refuse to stand to the decree and order of the said Commissioners of the Queen, it shall be lawful for O'Neyll to prosecute them with all his forces. They shall henceforth pay to O'Neyll whatsoever they were accustomed to pay to his predecessors. An end shall be put to all these things before Michaelmas next, and in the meantime peace shall be preserved.

He is not bound to come in person to the supreme Governor of this kingdom. No indenture before this between the Queen and O'Neill shall remain in force. This peace shall never be violated, but if any dissension should arise between the English and Irish parts in the North, two honest men on each part shall be bound to determine it. Peace to be observed between the English and Irish until the feast of All Saints, at which time Sir Thomas Cusak will return with certain petitions which O'Neill sent with him to the Queen. At the feast of All Saints the ward shall be removed from the church of Ardma[gh], and [the church] shall be restored to O'Neill, on condition that he shall in future be a faithful and true subject. If any of the Irish who dwell in the English parts (Henry O'Neill, the son of Phelom Roe, McDomnaill, and the son of the Baron or any other) should commit any damage by homicide, theft, or spoil, upon O'Neill or his adherents, not only shall the damage be restored, but those committing it shall be delivered to O'Neill and compelled to pay the expenses incurred in the prosecution of the damage.

The Lord of Lowth and Sir John Bellew are executors of the premises on the English part. The Lord O'Neill in like manner promises to fulfil all things on his part, and appoints one of the sons of Henry FitzJohn, and one of the sons of Donald Malachy, as executors.

Signed: Thomas Cusak.

II. Letter from the Earl of Sussex, Lord Lieutenant, to John, admitted by the Queen's Commissioners to the name of O'Neill.

We have received your letters, and seen what has been concluded between the Commissioners and you. We will observe the same. We have given audience to your men, and made answer to them. The war is now ended, and our former friendship remains. Arbreham, 16 Sept. 1563.

Signed at the beginning. Addressed.

III. Copy of the four articles which were agreed upon by the Lord O'Neill and Sir Thomas Cusake, by the Queen's authority.

First, that the Lord O'Neill shall not be compelled to answer or make satisfaction for the killing of the Baron's son or of the son of McDomnaill, who were both killed in time of war. All spoils which they carried away to the English parts at the time when the Lord O'Neill was in England shall be restored. Also, whereas it happened that certain of the followers of I'Neill fled to the lands of Nicholas Begnell contrary to the admonitions and commands of those to whom the Lord O'Neill had given authority and commission to govern the country ["Prima" in MS. Qu. mistake for patriam?] in peace, and in the meantime lost their goods in the said lands; it is arbitrated that no satisfaction shall be made by the said Nicholas for the said goods.

Also, whatever spoils shall be adjudged and proved before the Dean of Armagh, James Dudall, Eugene O'Hagan, and William Flemynge (who have been appointed Commissioners to examine all the spoils which the men of the Lord I'Neill may affirm to have been in English parts) shall be seized and retained by the Lord of Howth in payment of O'Neill's debts to the Queen for his pledges. When the said debts are liquidated, the pledges shall be restored to him.

Signed: Thomas Cusak.

Copies.

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 239.