Catalogue description TYRONE and O'DONELL.

Instructions for such of her Majesty's Council in Ireland as shall be deputed by the Lord Deputy and Council there to meet with the two rebels Tyrone and O'Donell.

At Richmond, the 11th of March 1595.

Her Majesty has been largely informed by Chief Justice Sir Robert Gardner of the submissions, complaints, petitions, and answers of the rebels to the Commissioners' demands, "whereof for some part she findeth so great cause of mislike as she hath been offended with her Commissioners that would receive or give ear to any such presumptuous and disloyal petitions and answers." These articles following are now to be proposed to the rebellious Earl, to O'Donell, McGwire, McMahon, and Brian McShane.

I. ANSWERS to the rebellious EARL OF TYRONE.

Whereas he requires free liberty of conscience for all the inhabitants of Tyrone, this request was disloyal, and thereof at the time of his submission no word had been made. "He may be sharply told that this hath been a later disloyal compact made betwixt him and other the rebels without any reasonable ground or cause to move them thereunto, especially considering there hath been no proceeding against any of them to move so unreasonable and disloyal a request as to have liberty to break laws, which her Majesty will never grant to any subject of any degree."

Whereas it is required to have no garrison, sheriff, or other officer placed in Tyrone for a time, if he and the inhabitants will hereafter live peaceably, then the placing of a garrison may be forborne until her Majesty finds it profitable and necessary to have a sheriff or some like officer.

As the Earl agrees that Armagh and Tyrone may be made one county, one sheriff shall therefore be appointed for both counties, "who shall be chosen to be one of the country, if any such may be found sufficient for such an office."

The Earl and O'Donell have, by their letter at their departure, written to the Commissioners that, unless Feogh McHugh, McWilliam, Ran McWilliam, O'Rrork, O'Conner Dun, and others in Connaught in action, the O'Reilies, and those of the Breny, may receive pardon upon their submission, they cannot perform their articles and offers saving only for cessation. Her Majesty will not be prescribed proudly where to bestow her mercy, which she will never grant but upon their own penitent petition, not allowing that one rebel to obtain pardon for another. The Earl and O'Donell have greatly increased in disloyalty, and drawn to them as many subjects as they could induce to become disloyal. At the beginning of their rebellion, and at the first making of their submissions, a great number of those who are now offenders in Connaught were quiet subjects; and so were also, until a late time, O'Reily and others in the Breiny. Feogh McHugh has obediently submitted, and craved pardon, which her Majesty will sooner grant to him for his own sake than for any intercession of the Earl or O'Donell.

"Where he agreeth that he will suffer the Bishop and Dean of Armagh to enjoy their livings and jurisdictions, as the rest of his neighbours in Ulster will do, she thinketh this both undutifully and uncertainly answered; for whatsoever his neighbours will do or not do, there is no reason for him to deny the said Bishop and church of Armagh that which belongeth to them of right, and whereof the Queen's Majesty only is the founder and patron, as belonging unseparably to her Crown."

He says he cannot deliver Shane O'Neale's sons for many respects. Had he expressed those respects she might have allowed or disallowed of his answer; but no good subject should keep another as a prisoner.

The rest of his answers are not disallowed.

II. The QUEEN'S ANSWERS to O'DONELL'S PETITIONS.

As his demand for liberty of conscience has been made by compact between the Earl and him and others of the rebels, her Majesty makes the same answer to him as is made to the Earl.

His request that the castle and lands in Sligo may remain in his hands, and be given by him to Donnogh McCale Og O'Conner, under such services as O'Conner's ancestors have yielded to O'Donell's ancestors, is strange. It was taken out of the Queen's possession by treason and shameful murder, and he alleges a title thereto by a tenure whereof neither O'Conner himself nor any man else has ever heard any report; "neither is [it] yet known whether this Hugh O'Donnell have any right to be O'Donnell by his father's sufferance during his life, the interest to be O'Donnell after his father's life being due to another." But her Majesty will be pleased that O'Connor may receive the possession of the house and lands, and, if there be any good proof made of O'Donnell's claim to be lawful, O'Connor shall yield to O'Donnell such services as are due.

Whereas he requires that no garrison or officer be placed in Tireconnell or in Sligo for a time, but commissioners to be appointed for all controversies there, she consents so far as regards Tireconnell; but with regard to Sligo, she will, as she finds cause for the profit of the country, appoint or not appoint officers.

Answers upon the Articles of the Commissioners.--"Where he will yield to her Majesty whatsoever hath been reserved out of Tireconnell before his father's time, there is no just cause why he should not yield the like as his father hath done," who was always a good subject. But if the duties reserved by his father's grant were extorted above reason, they shall be qualified. The rest of his answers to the Commissioners' articles are allowable. If he will promise dutifully to perform them, her Majesty will grant him pardon upon her own mere grace, without respect of any mediator.

III. ANSWERS to MCGWIRE'S PETITIONS.

The request for liberty of conscience savours of a compact with others. Her Majesty never means to grant that liberty to any subject, though heretofore she has acted mercifully.

Whereas he requires to have no garrison nor officers placed in his country, but to be governed as McMahon's country shall be, she will take care for the good government of both their countries.

Whereas he protests that his disloyalty was occasioned by his hard usage, she never heard that he has been misused. If complaint had been made to her, she would have seen speedy redress. But as he acknowledges his fault, she will grant him his pardon, and cause his complaints to be examined.

"Where he maketh request to have restitution of the lands both spiritual and temporal in his country upon a rent, her Majesty thinketh it strange that either he or any other of the offenders at this time should have a conceipt to demand spiritual lands, wherein never any of his ancestors had interest. And yet nevertheless the state of the spiritual lands shall be considered, and such of them as shall be thought meet to be granted to the inhabitants of the country, being obedient subjects, they shall have the preferment thereof."

IV. ANSWERS to BRIAN MCMAHON'S PETITIONS.

"Where he protesteth that, by sundry hard usages, and by the unjust execution of Hugh Roe McMahon, and the distribution of the substance of the country by Sir William FitzWilliams, Sir Henry Bagnall, and eight or nine more Englishmen, all strangers to the country, to the disherison of the people of the country, he and the rest of the McMahones have been occasioned to enter into this disloyalty, and yet now do acknowledge their transgressions," for which he seeks "pardon for himself, and the lands of his country spiritual and temporal, for the which he offereth the yearly rent of 100l.;" her Majesty having never heard of any such misusage, is moved the rather to grant him mercy.

As to the spiritual lands, it is strange that he or any other of the offenders should require restitution of any other lands than of lands temporal. "Yet such of the English as have grants of such spiritual lands as are called Termond lands shall be treated withal to surrender their patents, whereupon the inhabitants of every barony may have the same Termond lands distributed amongst them, upon reservations of the former rents." Otherwise he shall have restitution of all such lands as of right belong to him, at the usual rents. But whereas he offers 100l. a year, she understands not for how much land, "for, upon the division of the whole lands in Monahan about five years past, there was allotted unto him and five others of his name lands rented at 500l. and more, besides a yearly rent unto the chief lord upon the freeholders' lands, the sum of 446l.; so as, out of one of the baronies granted to him by the name of Brian McHugh Oge McMahon, he had granted unto him and his heirs males of his body lands to the yearly value of 108l., to be paid to her Majesty; besides that he had of the freeholders of that barony, being 88 in number, the yearly rent of 105l." Her Majesty wishes that the parties to whom the said baronies were allotted may still enjoy the same.

V. ANSWER to BRIAN MCSHANE'S DEMANDS.

His request for liberty of conscience is devised by compact with others. If he lives as a good subject, his country shall not be troubled with a garrison or officers until it shall be found profitable.

"And whereas in the answer to the Earl and others his adherents a strict course is prescribed, yet rather than the purpose of pacification should fail upon some of their private demands, not being dishonorable nor much disprofitable unto her Majesty, it shall be lawful to such as shall be employed in this service to yield thereunto," Rather than the treaty should break off, you shall give them their pardon, though they refuse to come in personally to the State after its receipt; providing for their continuance as loyal subjects, and for the dispersion of their forces.

Signed: Jo. Puckeringe, W. Burghley, Essex. H. Coblam. T. Buckehurst, Ro. Cecyll, J. Fortescue.

Copy.

Calendar of the Carew Manuscripts preserved in the Archiepiscopal Library at Lambeth, ed. J. S. Brewer & W. Bullen (6 vols., 1867-73), vol. III, document 234.