The History of Ireland: 17th Century. Bagwell Richard

go over to plead their several causes; peace being kept in the meantime on the basis of the late agreement. The Irish lawyers were of opinion that O’Cahan’s country was really at the mercy of the Crown on the ground that, though it had been found by inquisition to be part of Tyrone’s, the Earl’s jurisdiction only entitled him to certain fixed services and not to the freehold. That they held to have been the position of Con Bacagh O’Neill, and Tyrone’s last grant only professed to restore him to what his grandfather had.[31]

      Assizes in Donegal.

      Rory O’Donnell created Earl of Tyrconnel.

      Extreme pretensions of Tyrconnel.

      His character.

      Discontent of Neill Garv.

      While Rory O’Donnell was in England, Chief Baron Pelham was going circuit in Donegal. The multitude, he told Davies, treated him as an angel from heaven and prayed him upon their knees to return again to minister justice to them; but many gentlemen refused the commission of peace until they had Tyrone’s approval. A sheriff was appointed, but at first he had little to do. Rory O’Donnell was treated nearly as well as Tyrone himself. On his return to Ireland in September 1603, he was knighted in Christchurch, Dublin, by Sir George Carey, and at the same time created Earl of Tyrconnel. He received a grant of the greater part of Donegal, leaving Inishowen to O’Dogherty, the fort and fishery of Ballyshannon to the Crown, and 13,000 acres of land near Lifford to Sir Neill Garv O’Donnell. On the wording of the patent Lifford itself was reserved to the Crown. Neill Garv’s very strong claim to the chiefry was passed over, he having assumed the name and style of O’Donnell without the leave of the Government. Rory was also made the King’s Lieutenant in his own country, with a proviso that martial law should not be executed except during actual war, nor at all upon his Majesty’s officers and soldiers. These ample possessions and honours were, however, not enough for the new Earl, who aimed at everything that his ancestors had ever had, and who was unwilling to leave a foot of land to anyone else. Five years after the death of Queen Elizabeth Chichester reported that the lands belonging to the Earldom of Tyrconnel were so mortgaged that the margin of rent was not more than 300l. a year. Nor is this to be wondered at for the Four Masters, who wrote in Donegal and who wished to praise its chief, said he was ‘a generous, bounteous, munificent, and hospitable lord, to whom the patrimony of his ancestors did not seem anything for his spending and feasting parties.’ The last O’Donnell being of this disposition, the attempt to change him into the similitude of an English Earl was not likely to succeed. O’Dogherty was for the time well satisfied; but Sir Neill Garv, who had destroyed his chances by anticipating the King’s decision, was angry, for Docwra and Mountjoy had formerly promised that he should have Tyrconnel in as ample a manner as the O’Donnells had been accustomed to hold it. And by the word Tyrconnel he understood, or pretended to understand, not only Donegal but ‘Tyrone, Fermanagh, yea and Connaught, wheresoever any of the O’Donnells had at any time extended their power, he made account all was his: he acknowledged no other kind of right or interest in any man else, yea the very persons of the people he challenged to be his, and said he had wrong if any foot of all that land, or any one of the persons of the people were exempted from him.’

Here we have the pretensions of an Irish chief stated in the most extreme way, and they were evidently quite incompatible with the existence of a modern government and with the personal rights of modern subjects.[32]

      Discontent of Tyrone.

      Secret service.

Tyrone was too wise to make claims like Neill Garv’s, but he resented all interference. He had disputes with the Bishop of Derry about Termon lands, with English purchasers of abbeys, and with several chiefs of his own name who had been made freeholders of the Crown. Curious points of law were naturally hateful to one who had always ruled by the sword, but he may have had real cause to complain of actions decided without proper notice to him. He and his predecessors had enjoyed the fishery of the Bann, which was now claimed by the Crown as being in navigable waters. Queen Elizabeth had indeed let her rights, but no lessee had been able to make anything out of the bargain. In his very last letter to Devonshire Chichester said Tyrone was discontented and always would be, but he could see no better reason for his discontent than that he had lost ‘the name of O’Neill, and some part of the tyrannical jurisdiction over the subjects which his ancestors were wont to assume to themselves.’ Davies, however, admitted that his country was quiet and free from thieves, while Tyrconnel was just the contrary. Tyrone complained that officials of all kinds were his enemies, and that he was harassed beyond bearing. His fourth wife, Catherine Magennis, was known to be on bad terms with him, and he had threatened to repudiate her. She ‘recounted many violences which he had used and done to her in his drunkenness,’ and wished to leave him, but resisted any attempt at an ecclesiastical divorce. Chichester admitted that it was ‘a very uncivil and uncommendable part to feed the humour of a woman to learn the secrets of her husband,’ but gunpowder plots were an exception to every rule, and he thought himself justified in hunting for possible Irish ramifications by equally exceptional means. James Nott, employed by Tyrone as secretary or clerk, had a pension for bringing letters to the Government. Sir Toby Caulfield was directed to see Lady Tyrone, and to examine her on oath. She repeated her charges of ill-treatment and declared that she was the last person in whom her husband would confide, but that in any case she would do nothing to endanger his life. She expressed her belief that Tyrone had no dealings with the English recusants, but that he was discontented with the Government: Tyrconnel depended on him, and that nearly all the Ulster chiefs were on good terms with the two earls. Lady Tyrone continued to live, not very happily, with her husband for many years, during which his habits did not improve. Sir Dudley Carleton, the English ambassador at Venice, reported in 1614 that ‘Tyrone while he is his own man is always much reserved, pretending ever his desire of your Majesty’s grace, and by that means only to adoperate his return into his country; but when he is vino plenus et irâ (as he is commonly once a night, and therein is veritas) he doth then declare his resolute purpose to die in Ireland; and both he and his company do usually in that mood dispose of governments and provinces, and make new commonwealths.’ Nothing seriously affecting Tyrone’s relations with the State happened until August 1607, when Chichester informed him that both he and O’Cahan were to go to England, where their differences would be decided by the King himself. Sir John Davies was warned to be in readiness to accompany them.[33]

      The Maguires.

      Maguire at Brussels.

      A ship hired with Spanish money.

      Tyrone’s farewell.

After the death of Hugh Maguire in 1600 his brother Cuconnaught, whom Chichester describes as ‘a desperate and dangerous young fellow,’ was elected chief in his stead. The English Government decided to divide Fermanagh between him and his kinsman, Connor Roe, and to this he agreed because he could not help it, but without any intention of resting satisfied. Spanish ships often brought wine to the Donegal coast, and communications were always open through these traders. In August 1606 Tyrconnel and O’Boyle inquired of some Scotch sailors as to the fitness of their little vessel for the voyage to Spain, but Chichester could not believe that he had any idea of flight, and supposed that he was only seeking a passage for Maguire. The latter found a ship after some delay, and was at the Archduke Albert’s court by Whitsuntide in 1607. While at Brussels he associated with Tyrone’s son Henry, who commanded an Irish regiment 1,400 strong. Sir Thomas Edmondes had tried to prevent this appointment two years before, but the Archduke succeeded in getting it approved by James I. The Gunpowder Plot had not then been discovered, and Devonshire’s influence was paramount in all that concerned Ireland. Tyrone sometimes professed himself anxious to bring his son home, but in other company he boasted of the young man’s influence at the Spanish court and of his authority over the Irish abroad. The Archduke now gave Maguire a considerable sum of money, with which he went to Rouen, bought or hired a ship, of which John Bath of Drogheda had the command, and put into Lough Swilly about the end of August.