Elizabeth I: volume 167, November 1592

November 1592

Nov. 3. Farley.

15. Sir H. Wallop to Burghley. Commends the bearer Capt. John Dowdall. Autog. p. 1.

Nov. 6.

16. Names of such as hold lands in Munster. Delivered by the Lord Chief Justice.

My Lord of Ormond, Sir William Courtney, Sir Walter Rawley, Sir William Hatton, Sir Thomas Norreys, Sir Edward Fytton, Sir William Herbert, Sir George Bourchier, Sir Warham Sentleger, Sir Richard Greynville, Mr. Vane Beacher, Mr. Thomas Fleetwood, Mr. Justice Smythes, Mr. Justice James Golde, Mr. Arthur Hyde, Mr. Henry Ughtred, Mr. John Stroude, Mr. Henry Billingsley, Mr. Trenchard, Mr. Francis Barckley, Mr. Nicholas Browne, Mr. Holles, Mr. Dowdall, and Captain Conway. p. 1.

Nov. 12.

17. Abstract of the conditions of the recognizance of Philip O'Reilly; with the names of his sureties. Certified by John Walley. See the certified copy of this recognizance in 1596, July 2, where it is inclosed by Sir Roger Wilbraham in a letter to Burghley. p. 1.

Nov. 17. Dublin.

18. Sir Geff. Fenton to Burghley. In behalf of the bearer Lieutenant Wolverston. Whose horse was slain under him. His service 17 years. Autog. p. 1.

Nov. 18. Kingston.

19. Capt. John Dowdall to Burghley. Offers to finish the Fort of Duncannon for 400l. His offers to maintain a master gunner, &c. for ten shillings by the day. His affairs in the county of Devon. Autog. Seal with arms. p. 1.

Nov. 18. Hampton Court.

20. Privy Council to the Lord Deputy of Ireland. For the restoring of Mr. Ch. Calthorpe to the exercise of his office of Attorneyship with the fees and duties incident thereunto. Copy. p. ½.

Nov. 20. Dublin Castle.

21. Lord Deputy Fytzwylliam and Council to the Privy Council.

Since the beginning of this Michaelmas term the Lords of Delvin and Howth accompanied with Mr. William Nugent, and Patrick Brymygeame, having some further matter to charge Sir Robert Dillon and others, did exhibit unto us certain petitions, requiring on Her Majesty's behalf, that one Shane McCongawney, a priest now prisoner in this castle, belonging to O'Rourk, whom he never left till he fled into Scotland, might be examined upon such interrogatories as their Lordships had conceived and presented, together with their petition. According to which interrogatories we have several times examined the priest, with as great carefulness as we could for Her Majesty's service, and also one Christopher Browne, Constable of Her Majesty's Castle of Longford, whom the priest seemed to charge with matter of intelligence between O'Rourk and Sir Robert Dillon, but with what probability it may please your Lordships to see by Brown's answers, and his confrontment with the priest. [We have always had and have a good opinion of this Browne for his service and honesty, in margin.] The true copies of all which confessions and examinations, together with the articles, interrogatories, and petitions preferred by the Lords [Delvin and Howth], and also our whole proceedings therein, we make bold to send herewith to your Lordships for your more large and full information; forbearing to trouble you with further particular reports, seeing the whole declaration of this cause, and every dependency thereof, is faithfully and sincerely set down in these several transcripts now sent to you, to whom we humbly leave the further consideration of them. The estate of this realm is quiet, without any stir or known troubles in any part thereof, which we are bold to signify to you. P.S.—It may please you to consider our great want of a Chief Baron and to hasten him hither with all speed, for whom I the Deputy have been bold to write to you the Lord Treasurer in my former letters. Also it may please you to remember that the Commission for alienations and disposing of leases and wards, &c. may be renewed and sent hither, the want whereof is not a little prejudicial to Her Majesty in her profits. [Autogs.] p. 1.

Inclose

21. 1. Petition of the Lords of Delvin and Howth to the Lord Deputy Fytzwylliam and Council. Since the perclosing of the examinations taken in the matters of Sir Robert Dillon, the last Trinity term 1592, intelligence has been sent to them by Shane McCongawney, prisoner in Dublin Castle, of treason and other disloyalty in the said Sir Robert Dillon. Petition and require on Her Majesty's behalf that the said Shane McCongawney may be examined upon such articles as they shall give, touching these matters. [Preferred 19 October 1592, in the forenoon. Copy under the hands of the Lord Deputy and Council]. p. 1.

21. 11. Articles of treason and disloyalty against Sir Robert Dillon and others, discovered since the Trinity term in anno 1592 by Shane McCongawney, priest, now prisoner in the Castle of Dublin.

Sir Robert Dillon sent to the late O'Rourke by Christopher Browne, constable of Longford, intelligence of speech uttered in private by the Lord Deputy. He also wrote to O'Rourke, wishing him to move war upon the province under Sir Richard Byngham's government, undertaking that the same should not be ill taken by the Lord Deputy, nor the State. His letter was conveyed and delivered by the said Browne. Item, the said Sir Robert, Sir Lucas Dillon, Sir John Tirrell, Theobald Dillon, Christopher Browne aforesaid, and one of Sir Lucas Dillon's sons (whether of them the said priest is to disclose), have concurred in this practise of sending warning and intelligence to the said O'Rourke of such service as they knew to have been intended against him in the time of his rebellion. October 21, 1592. [Copy attested by the Deputy and Council, not identical with Carew III. p. 75, No. 136.] p. 1.

21. III. Interrogatories for Shane McCongawney upon the articles preferred by the Lords of Delvin and Howthe against Sir Robert Dillon and others in Michaelmas term, 1592. Copy certified by the Lord Deputy and Council. 1592 [October 21].

21. IV. Petition presented by William Nugent to the Lord Deputy and Council. Touching the examination of Shane McCongawney. 1592, October. 28. Certified copy, calendared below p. 20, No. 22, inclosure VIII.

21. V. The examination of Christopher Browne, John Lawrence alias Leae, and Alderman Jordan Roche, being accused by the priest Shane McCongawney, "and their several confronting." 1592, November 3, Dublin Castle. Certified copy. pp. 3.

21. VI. Petition of the Barons of Delvin and Howth to the Lord Deputy and Council. Where the Lords of Delvin and Howth the 21st October preferred before you against Sir Robert Dillon and others, such matters as they received by information from Shane McCongawny in sundry his letters and messages, and that upon their coming to you the 7th of this November you told them how the said Shane at his examination said nothing to the material points by them delivered, which matter resting in such terms would breed two great inconveniences, the one an overslipping of a good and usual industry in no wise to be omitted for the Queen, viz., the affronting of the said Shane, both with his own letters yet extant in the hands of the said lords, and also with the persons to whom he uttered the said matters in speech, by whom when he shall have seen himself encountered, it is very probable that he will confess that truth, from which peradventure, timorousness and pusillanimity (grown of some threats used to him, as he has affirmed to the said lords) has made him to shrink. The other an imputation to them in honour and credit, who if they proved not the said articles to have come to them from the said Shane (which they neither with duty nor their proper safety could do less than advertise to your Lordships) might be thought to have dealt therein not sincerely but of malice and spleen, all which considered, they humbly beseech you, first for the advancement of Her Majesty's service, and next for discharging of them from that stain, which a suspicion of indirect proceeding might draw upon their credits, that you will bring before you face to face them and the said Shane, with all other persons whom they shall nominate, who delivered these letters and messages to them from him, which done, if he shall then stand to his former informations, you may proceed further, as to you may seem agreeable with justice and Her Majesty's advantage. And if he do not, but that he shall be found to have used this for a shift and device, hoping by pretence of service to procure himself favour, that yet in case you shall manifestly perceive the informations preferred to have come from him, you will have that regard to the reputations of the said lords, inasmuch as they have not done anything in these matters, but that which their duties required, that you will testify by letters to the lords in England; (to whom it has already been made known that the said Shane promised to disclose matter of special service for Her Majesty against the said Sir Robert and others) how they have proved the same to have been informed by him, the said Shane, whereby they may stand free from "suspect" of malicious proceeding. And that you will the rather grant this affronting with the said Shane, because that where it is supposed he has gone from the matters by him informed it may be that he was either misinterpreted or mistaken, for so hath he signified to the said lords, since they were last before your Lordships. [Copy certified under the autographs of the Deputy and Council, and indorsed as preferred 10 ^mo Novembris: in the copy inclosed by the Lords Delvin and Howth, it is headed preferred 9° Novemb. p. 1.] 1592, Nov. 10.

21. VII. A relation sent to the Barons of Delvin and Howth from Shane McCongawney of matters informed against Sir Robert Dillon and others. Translation certified. See also below, p. 26. No. 22. XIX. 1592, Nov. 10. p. 1.

21. VIII. Re-examination of Christopher Browne. Certified copy. 1592, Nov. 13. p. 1.

21. IX. The report of Teig Ne My's conversation with Shane McCongawney. Certified copy. 1592, Nov. 14 and 20. p. 1.

21. X. Examination of Teig McNe My and Owen McShane O'Moore. Certified copy. 1592, Nov. 20. p. 1.

Note.—See the Declaration of Shane McCongawney, 1591–2, Feb. 5, No. 23, which is certified by the Lord Deputy and Council.

Nov. 20. Dublin.

22. The Barons of Delvin and Howth to the Privy Council. Forasmuch as there has been some signification given by William Nugent to you in September last that one Shane McCongawney, prisoner in the castle of Dublin, has promised to disclose matters of great service for Her Majesty against Sir Robert Dillon and others; we who have received his particular informations at sundry times, both in writing and by message, have thought it our duties to advertise you how far we have proceeded therein, that you may as well resolve what course to direct hither touching that business, as also understand our readiness to be further employed to the uttermost of our endeavours, as shall like you to command us. The particulars of our proceedings we have laid down in a book sealed and signed under our and William Nugent and Patrick Bermyngham's hands who likewise follow service for Her Majesty against Sir Robert Dillon, the book we have sent together with this our letter, to our agent Edmond Nugent, student of Gray's Inn, to be preferred to your Lordships, which may it like you to peruse. And withal to consider of certain demands we are to make for Her Majesty to be seen in the end of the book, we doubt not you will palpably find the impediments hindering this service. And for the rest it remains that your wisdoms performing their proper and natural operations and effect, apply remedy to the inconvenience. p. 1.

Indorsed in Burghley's hand, "Sent by Edmund Nugent of Gray's Inn." Autogs. p. 1.

22. I. Book containing a relation of the proceedings of the Lords Delvin and Howth in preferring matters of accusation against Sir Robert Dillon, commencing with Shane McCongawney to the Barons of Delvin and Howth.

A thousand commendations unto you my hearty friends. I let you wit that it is for your sakes that I am here without cause other than that it is demanded I should charge you with matter that would be your destruction; and God be praised I have no such to accuse you of. And I tell you further there liveth not persons whom I do more affect than you, though I fare never a whit the better for it now. Know 'ye that the Lord Deputy had me sworn, who placed me in the cure of Killhewagh [Killeagh], and whether it were William [Nugent] that preferred me to it, or whether I were in your company any day or night since I departed from O'Rourke, and I sware on the Bible that I never saw you, and that it was not William [Nugent] that preferred me to the cure of the parish of [Killeagh], and the Lord Deputy said I was a liar, and that he had good witness that it was a lie which I affirmed. And then he brought down in writing all that he had gotten by information from the Plunkets and Christopher Brown [constable of Longford], viz., that William [Nugent] sought for my pardon, and that when I was sick I was kept by him, and I sware on a book that it was not, and I told that Alexander Plunket sought pardon for me, and the Bishop of Meath said I deserved to be hanged, and that I spake in favour of you, and they caused me to set my hand to that, and they intend to make it a great cause. Moreover Christopher Brown sware on a book that he would prove against me that you sent letters by me to O'Rourke, being in McSweeny's town. And the Lord Deputy sware on a Bible that he would hang me without I had done [unless I should do] the Queen service, and fear of the flesh forced me so to do. And I told him that Christopher Brown sent him all intelligences, and that he warned him at such times as the Commissioners went to Longford, that he should in nowise come in, and that he knew he should perish if he did. And I told that he had been in his company three days in his last rebellion, and that I knew what speeches he delivered to him from the Baron [Sir Lucas] Dillon, from Theobald Dillon, and from the Baron Dillon's son, and that he sent him warning when the bands went into the country, and I said I had a letter that would prove this, and the witness of five honest men. And know ye that the Baron was living at the time that I charged him. And they suffered Christopher Brown to depart the town, and these things are kept from the Council. And I require you to let the Council understand of this service. Cause you Christopher Brown to be committed, and me to be brought before the Council, and let my head be stricken off if I do not hang him. And God be my witness it is not for hate, good witness is much. I tell you further that they are sharply bent against you. And Christopher Brown hath written to the Lord Deputy that I have sent you intelligence of all things hence, and that hath greatly undone me. And further I have a great matter to open against these men which I dare not write in this letter. No more, but follow Christopher Brown well, I will get you good witness and a letter, and if I may be suffered to go at liberty upon bond I will tell you things that shall be more to your satisfaction. Note.—This letter was received by the Lord of Delvin about a fourteen days after the last Trinity term. Copy. pp. 1¼.

22. II. Petition of the Lords of Delvin and Howth to the Lord Deputy and Council. p. 1. Calendared above No. I.

22. III. Petition of William Nugent to [the Lord Deputy and Council]. Right honourable, forasmuch as William Nugent of Kilcarne remaineth in continual expectation to see the service by him undertaken, and now these fourteen months past followed for Her Majesty against Sir Robert Dillon, grow now at length to some forward point, and that in the first article against the said Sir Robert Dillon, Walter Cusack standeth deeply touched with treason as by witnesses and all presumtions is invincibly proved against the said Walter, whereof your suppliant hopeth your Lordships are not unmindful. He most humbly beseecheth your Lordships to cause that the said Walter Cusack may be forthcoming to abide his trial and the rather for that upon the sequel thereof dependeth in great part the success of the said service. Note.—William Nugent's petition was preferred 19 October at the same time with the above of the Lords of Delvin and Howth.

22. IV. On the 20th of October Sir G. Fenton came to the Lord of Delvin and told him he should have what persons he would examined.

22. V. Articles of treason against Sir R. Dillon, discovered by Shane McCongawney. Calendared above in preceding No., inclosure II.

22. VI. Interrogatories for Shane McCongawney. Calendared above, p. 16, No. 21, inclosure III.

22. VII. Shane McCongawney to the Lords of Delvin and Howth. I let you wit that I have opened to the Council good service for the Queen and yet find no favour for my service, but am placed 24 foot under the earth and do lose my legs by reason of the weight of the irons or fetters which I have on me; neither am I permitted to go to the grate door to beg mine alms. I have no sustenance other than such part as the other prisoners give me of their alms for God's sake. And therefore I beseech you for the love of God to speak to the Council to procure me some ease as a favourable imprisonment for my service. I have not heard that any person ever served the Queen but that she would reward him with favour and benefit; and therefore I beseech you, if I may not obtain favour here that you will require on the Queen's behalf that I may be sent into England. And I require you on the Queen's behalf to move thus much to your friends of the Council, and I have great hope that my Prince will reward me for the truth which I reveal for Her benefit. St. Simon and St. Jude's day, Oct. 28, 1592. Copy. p. 1.

22. VIII. Petition of the Lords Delvin and Howth (presented by W. Nugent) to the Lord Deputy and Council, renewing their former petition that Sir Robert Dillon and such other persons as may be touched with treason by the testimony of Shane McCongawney, may be committed to close prison until their trial. And also that their Lordships will cause, that the said Shane McCongawney may have some ease of his durance, with relief competent for his sustenance. Preferred 28 Oct. Copy. Same as p. 16, No. 21, inclosure No. IV.

22. IX. Memorandum of a conversation between the Lord Deputy and Council and the Lords Delvin and Howth and W. Nugent on the 7th of November. The Lord Chancellor Loftus said, the priest Shane McCongawney had denied the material points of the information against Sir Robert Dillon. The Lord Deputy said also, I am sorry that I have said so much in this matter. The Lord Chancellor said further, that for the days and times of Christopher Brown's being with O'Rourke, Christopher and the priest did not differ much, and that Christopher confessed to have been with O'Rourke two days more than he had been charged by the priest, and said that he so did by commission from the Lord Bishop of Meath [Thomas Jones]. When William Nugent told the Lord Deputy and Council how Walter Cusack eight or ten days before had been with his brother at Gerrardstown, the Lord Chancellor said, Mr. Nugent, methinks you have not that care to get him that you might have, for he could not be in any place thereabouts but you might lodge him. Nugent said, My Lord, if I had authority to apprehend him, with warrant for all subjects to assist me, he should hardly be in any place towards me but I would come by him. Nugent further desired that the priest Shane McCongawney might be confronted with the Lords of Delvin and Howth. The Solicitor Wilbraham said, Mr. Nugent, What, if the priest say one thing to you, and when he cometh before the Lord Deputy and Council he goeth from it? What can you make of it? He is but a knave and what proof can his tale be against any man? Nugent answered, He might peradventure go from that he had informed when he saw none able to correct him, but when his own letters are showed to his face, he will be forced to confess the truth. And what then, replied the Solicitor, if he say one thing now before the Lord Deputy and Council, and deny it again, and affirm it again. How can you make it a proof against any man? Why, Sir, quoth Nugent, you know this is the course which the Commissioners held in these matters of Sir Robert Dillon. Yea, quoth the Solicitor, but that was where there have been more witnesses than one to prove the things denied. And, said Nugent, so are there more witnesses than one to prove this against the priest. Then Nugent moved again that he might have authority to take Walter Cusack. The Lord Deputy said he would demand him of his sureties. My Lord, said Nugent, if both the ways be taken, it is like he shall not escape, for though I did lodge him, as my Lord Chancellor Loftus hath said, ere I could send "witting" to my Lord Deputy and his Lordship take order for his apprehension, he might be far enough from danger, and therefore if your Lordships will have him taken, give me authority for it, and it shall go hard but I will get him. No, said the Lord Deputy, men may not be put in fear.

22. X. Petition of the Barons of Delvin and Howth for the reexamination of Shane McCongawney, Nov. 10. Calendared, above p. 16. No. 21. VI.

22. XI. The above petition being preferred the 9th of November, and read in the Council Chamber, the Lord Deputy said it should be considered of by the Council and so the Lords Delvin and Howth, William Nugent, and Patrick Bermingham departed for that time, and attended every day for answer until the 13th which was on the Monday following.

22. XII. The 13th of November, in the forenoon, the Lords of Delvin and Howth, William Nugent, and Patrick Bermingham came to the Council Chamber to have an answer on the former petition, which the Lord Chancellor delivered, and was to this effect, viz., that Shane Mc Congawney had stood to his former confession, but had added something more to it. Then the Lord of Delvin urged the confronting for discharge of his and the Lord of Howth's credit. Then the Lord Deputy said, my Lords, God forbid your credits should rest upon any such man. You have done as becometh you like noblemen and gentlemen, you have delivered to us such informations as you have received from him. If they be true, it is well, and if they be not, it is no discredit to you. The Lords yet urged the confronting, but it was not granted, and so they, William Nugent and Patrick Birmingham, departed from the Council. Subsequently on the same 13th day the said Lords received intelligence from the priest Shane McCongawney how the Dean O'Farranan, who had before been placed among the prisoners of within the grate, was removed from thence to the upper rooms, and that Garat Dillon, Clerk of the Crown, Sir Robert's brother had been with the said Dean at sundry times, with pen, ink and paper, and had written a great deal which the said Shane McCongawney imagined was some device forged by the said Dean and the said Garat to discredit the informations of the Lords Delvin and Howth and to dash the service.

On the 14th November the said Lords of Delvin and Howth, Patrick Bermingham and William Nugent understood that Walter Cusack, who was brought to Dublin "a two days" before, had been seen going up and down the city the same day, whereupon William Nugent and Patrick Birmingham repaired to the Lord Deputy whom they found in his withdrawing chamber, to whom Nugent told that Walter Cusack was in town. The Lord Deputy said he knew that before, and said he was sure enough, for he had been bound in 500l. not to depart without the walls of Dublin but with license. Nugent said there was treason proved against him and therefore moved for his committal. The Lord Deputy said, Put up your bill to the Council. Patrick Birmingham said, Walter Cusack hath had time and leisure long enough to work a "Consonancie" betwixt him and Sir Robert Dillon. The Lord Deputy said, so had you leisure long enough to devise too.

22. XIII. Petition of the Lords of Delvin and Howth to the Lord Deputy and Council. They most humbly beseech your Lordships that where they have understood of certain practices not only undutiful and disloyal towards the Queen, but also most wicked, corrupt, and contrary to all course of common honesty to have been lately contrived of purpose to overthrow the service in action for Her Majesty against Sir Robert Dillon and others, your Lordships will cause to come before you the said Lords together with Shane McCongawney, the priest, which done the said Lords will both discover the said practices and the inventors thereof, and also lay down a good mean to destroy and annihilate the malice of the same to the confusion of falsehood and villainy, the furtherance of Her Majesty's service and the defence of the truth and their own proper honours by that mischievous invention sought to be impeached; preferred 15 Nov.

22. XIV. This petition delivered and read the 15th of November in the forenoon, the Lord Deputy said it should be answered in the afternoon, and so licensed the Lords until then. In the afternoon the Lords of Delvin and Howth accompanied with William Nugent and Patrick Birmingham, (William Nugent having that forenoon delivered the petition which followeth "on the eighth leaf of this book," p. 24, No. 22 xvi., at the same time that the Lords delivered the former petition and that of Shane McCongawney on the seventh leaf below No. 22 XV.) came before the Lord Deputy and Council. Then the Lord Chancellor asked, What practice that was which they mentioned in their petition? Then the Lord of Delvin told him, that it was necessary that Shane McCongawney should be brought to them, who had sent the intelligence to him and the Lord of Howth. The Lord Chancellor said, Let my Lord Deputy and the Council understand what it is, and doubt not it shall be turned to the Queen's benefit. The Lord Deputy said, My Lords I will go away if you will. Then said the Lord of Howth, No, God forbid my Lord that we should mistrust your Lordship in any matter that concerns the Queen. Then the Lord of Delvin declared the practice as he received the same by the intelligence sent to him and the Lord of Howth from Shane McCongawney as is laid down folio 5, page 2, p. 22, No. 22 XII., and after the said Lords with William Nugent and Patrick Bermingham were dismissed, until they should be called upon afterwards. Then were certain prisoners brought before the Lord Deputy and Council, by whose examinations they had found out the practice, having sat about that business until after six of the clock at night. Garat Dillon also being then examined who contrived that practice for his brother Sir Robert Dillon, as it is supposed, confessed the same.

22. XV. The petition of Joannes MacCongawney the priest translated. I require the Lord Deputy and Council for God's sake to give ear to my complaint. And I greatly wonder that my Lord Deputy and the Council show me no favour for my service, considering that when I had not done the Queen service I had more favour and was better entreated than I am now. I have done the Queen more benefit than ever I have done harm. There is no man either in Connaught or O'Rourke's country that can charge me with lying or harm-doing the value of one groat to any person. I have William Taath and Robert Dillon of Athlone and Robert Nugent Fitz Peter to witness that I have always come truly by my living in my native country, and therefore in regard of the service which I do to the Queen I demand lightening of my irons and a favourable imprisonment. I require on the Queen's behalf those Lords of Delvin and Howth, to whom I have discovered that service, to deliver my petition to the Lord Deputy and Council and to get me their resolution thereupon. Out of the grate Nov. 12. P.S.—I tell you moreover you shall lose the Queen twenty thousand pounds if you set my true information at nought, and seeing I find no favour for that I have already done I will do no more until I shall be before the Council of England. Received the 13 of November, preferred the 15th of the same. Translated from the Irish.

22. XVI. William Nugent to the Lord Deputy and Council. He most humbly beseecheth and on the Queen's behalf requireth your Lordships where it is a thing despaired that ever Her Majesty shall have justice against Sir Robert Dillon seeing how strangely fortune supporteth not only himself, but also all those whose like bad causes have any dependency or conjunction with his case, whereby partly cometh to pass that men dare not inform nor witness against him such matters as they know and do greatly import Her Majesty and this State, and partly for that his liberty since the seventh of September 1591 hath given him desired opportunity by all practices to prevent, divert, and suppress the matters and witnesses produced and to be produced against him to Her Majesty's great prejudice, That therefore your Lordships will henceforth take that course with him and all such others as are detected to have participated in his offences by committing them to close prison, which [course] hath been ordinarily holden against others charged with crimes of the same degree, to the end he may not have commodity to suffocate the matters of late disclosed, as he hath in a great part done the former, and so the last error fall out to be worse and more pernicious for the Queen than the first. And also forasmuch as your suppliant the 19th of the last October required by petition that Walter Cusack, principally touched with the treason mentioned in the first article of the first information against Sir Robert Dillon and thereof proved culpable as well by the depositions of sundry the examinates, to whom he confessed it, as also by divers manifest presumptions and circumstances, as it is well known, to the right honourable the Lord Chancellor and the rest of Her Majesty's Commissioners, who had the hearing of that matter, might be forthcoming to abide his trial, whereupon your Lordship, my Lord Deputy, asking your suppliant's advice how to come by the said Walter Cusack, when he had answered that he knew no readier mean to get him than by sending to his sureties, your Lordship then said you would rather hang a traitor than get the Queen five hundred pounds; and your suppliant understanding that the said Walter being come to town a three days past, and hath ever since gone up and down the city at his pleasure and liberty, and considering how great reputation must grow to the said Sir Robert Dillon's side when the person against whom the treason, wherewith he resteth charged as participant, is so strongly proved, shall be seen to have extraordinary favour, and consequently how great a terror the same must breed in those who if they saw a more severe course holden for Her Majesty would freely disclose what they know for Her benefit and advantage, the said William Nugent and Patrick Bermingham repaired to your Lordship yesterday, being the 14th of November in the afternoon and told you that Walter Cusack was in town, your Lordship said you knew it before, and that he was sure enough for you had him bound in 500 pounds not to go without the walls of the city without license; and your suppliants said that treason was proved against him, and therefore moved that he might be committed, your Lordship willed him to put up his bill to the Council, and the said Patrick Bermingham saying that Cusack had time and leisure long enough to work a consonancy betwixt him and Sir Robert Dillon, your Lordship said, so had you leisure long enough to devise too; which words have been a great discomfort to your suppliant and the said Bermingham to travail further in this cause for Her Majesty, until your Lordship were satisfied of their honest proceeding, wherefore they most humbly beseech you, my Lord Chancellor and the rest Her Highnesses Commissioners who have thoroughly been acquainted with their course in that business, that you will deliver to the right honourable the Lord Deputy your opinions concerning your suppliant's and the said Bermingham's demeanour therein, that they may rest free from suspicion, and his Lordship hold of them no harder opinion than they have deserved, and also your suppliant requireth for Her Majesty that the said Walter be committed to close prison and indicted of the treason informed against him.

22. XVII. The 16th of November, in the forenoon, Garat Dillon for the practice before mentioned was committed, and Walter Cusack for the treason contained in the first article of the first information against Sir Robert Dillon. The same morning the Lord of Delvin, Pat. Birmingham, and William Nugent, being before the Lord Deputy and Council, the Lord Chancellor Loftus having told how Shane McCongawney had denied that he sent any such intelligence to the Lords of Delvin and Howth as the Lord of Delvin declared to the Council the day before, and the Lord of Delvin thereupon urging the confronting required often times before, and it being demanded how far the intelligence went which the priest sent to the Lords touching the said practice. Nugent told that to his remembrance it was thus, viz., that the Dean O'Faranan was brought out of the grate, where he had been before, and placed in one of the upper rooms, where Garat Dillon came to him with pen, ink, and paper at sundry times, and there was writing, which the priest imagined was some device to discredit the informations made against Sir Robert Dillon, and to dash the service. The Lord Deputy said, My Lords see whether the Dean were first brought up, and then Garat Dillon went to him where he found him, or whether he were brought up to Garat. If he were brought to Garat that is one course, and if Garat came to him that is another. I remember I willed the Dean to be removed because the priest and he might have no conference; then Nugent said, my Lord, if the priest have undertaken service for the Queen let him be preferred to the better prison, and the Dean laid in the grate again. Thereto my Lord said move it to the Council. Then the Lord of Delvin required again that his man, Garat Nugent, who brought the intelligence, and the priest might be made to affront each other. The Lord Chancellor asked to what purpose, and the Lord Deputy said, We have examined him faithfully. Then Nugent said, My Lords, you know that when any man revealeth matter for the Queen, and that the party to whom it is revealed doth prefer the same, if the first man being thereupon examined, either goeth not so far as hath been informed, or shrinketh from the information, those to whom he discovered the matter are brought to confront him, and this is an ordinary course, and such as I think ought not to be denied. The Lord of Delvin said further that the priest affirmed that he never denied the sending of that intelligence as before was informed.

22. XVIII. The 18th of November the two Lords and William Nugent with Patrick Birmingham, being before the Lord Deputy and Council, the Lord Chancellor asked them if they had any more to say, the Lord of Delvin said, No, my Lord, but that we expect your Lordships' answer upon our last petition. Then said the Lord Chancellor, it is my Lord Deputy's pleasure that we acquaint you with as much as the priest hath done. Indeed, when we examined him first upon the interrogatories he said nothing to them; marry, after when he was examined, he confessed in a generality as much as is contained in the relation which you delivered translated to the Lord Deputy. Then the Lords moved that the priest might have some freeze clothes to keep himfrom cold, and the Lord Deputy said leave that to the Council.

22. XIX. The relation by Shane McCongawney of matters informed against Sir R. Dillon and others, concluding thus:—Whatsoever service I have disclosed to the Council, I have the copy of it, and the cause why I have-written this, is for that the Council do not understand my language, and also for that I know not what the interpreter declareth, and that I know not but he might leave part of that which I should speak unreported. Printed in MSS. Carew, Vol. III., p. 75, No. 136. It is also a duplicate of No. 21. VII.

22. XX. Johannes McCongawney to the Lords of Delvin and Howth, translated out of Irish: My commendations unto you my friends. I let you understand that you are at a great disadvantage in the Queen's cause, as thus: when the Lord Deputy heard of the speech he willed me to be brought unto him, and I was brought thither, and the first thing he said unto me was that I was not satisfied with doing of evil while I was with O'Rourke, but that I would hurt the Queen's people being now in prison, and he commanded that I should be laid in dungeon, and to lay more irons upon me until the term, and said that he would hang me; I asked for what cause, he said for belying the Queen's people. I asked what service he required at my hands, when he would not believe me, and he said he would not believe one word from me. And I said I would get him bands of eight hundred pounds, but I would prove whatsoever my hand was unto, and would advantage the Queen eighteen thousand pounds besides. And know ye my Lords that I would not charge any man but upon good proof, and he said he would take no bands upon me until he had hanged me; I commit myself to the protection of God and the Queen, whom I serve from the first day that I came to town unto this day. No more but I am in the dungeon ever since, and desire you to bring me out, and if I do not advantage the Queen twenty thousand pounds within short time I am content without displeasure that you lay me in again. And know you that I do nothing so long as I am in the power of that person who said he would hang me for saying I would do the Queen a service worth twenty thousand pounds, and that gave order to lay me in the place of a thief, viz., twenty-four foot under the earth and irons upon me, and further I have a note written of all that the Lord Deputy hath spoken And know ye that there are two in this castle that have deserved to be hanged for that cause, who sent out intelligence that I have delivered the speech. No more but God keep you, and if you will I will send you a copy of all the talk the Lord Deputy had of yourself and William [Nugent] for I have it in writing, and if it be dangerous for me do not seek it at my hands. [This letter was received by the Lords of Delvin and Howth about a week before the Michaelmas term 1592. Copy. p. 1.

22. XXI. Demands to be moved for the Queen to the Lords and others of Her most honourable Privy Council.

First, that Sir Robert Dillon and such others as Shane McCongawney chargeth with treason, may be committed close prisoners lest their liberty should work that hindrance to the Queen's service which Sir Robert Dillon's hath done in the first matters informed for Her Majesty.

Item, that there may be appointed Commissioners for examining at full the last informations and all other matters that shall be preferred against Sir Robert Dillon and the rest touched in the same informations. The Lord Chancellor, Sir Robert Gardener, Sir George Bowrchier, and Sir Richard Bingham, or any three of them, whereof the Lord Chancellor and Sir Robert Gardener to be two.

Item, that where the priest saith he will not disclose any more for Her Majesty until he shall be before the Lords in England, for that he findeth not that favour in Ireland which he thinketh his service deserveth, their Lordships will either cause him to be sent into England, or else send direction to the Commissioners that he may have encouragement given him here to proceed for the Queen.

Signed by the Lords of Delvin and Howth, and by William Nugent and Patrick Bermingham. Autographs.

This book is endorsed by Burghley, 20 November. Matter against Sir Robert Dillon preferred by the Lords of Delvin and Howth, William Nugent and Patrick Bermingham.

[Note.—I have divided the contents into XXI. sections for convenience of reference.]

Nov. 21. Dublin.

23. Lord Chancellor and Bishop of Meath to Burghley. Thankfulness for Her Majesty's grace to them and for suppressing the matters preferred against them. If by any means we could have learned the rest of the articles that are laid to our charge we would ere this have severally answered them for your Lordship's satisfaction. At this time we have humbly made bold to send you inclosed the copy of an order lately taken in the Exchequer, under the hands of the Barons there, and under the hand of Sir Robert Gardener and Her Majesty's solicitor, touching the 24,000l. which was the first article objected against me, the Chancellor, by Legge, whereby you may perceive how truly I have already answered the same, and also the copy of an order and decree entered in the Council-book, touching the Hetheringtons' cause, wherein their title to the farm of the Furrows is at large expressed and allowed, and my decree given in the Chancery for them is thoroughly confirmed, which we doubt not will sufficiently clear us both of two other articles which are objected [against] me, the Chancellor, for the matter of maintenance, and me, the Bishop of Meath, for buying of titles. These articles which we have already answered to you have been by Legge himself published in sundry places since his arrival and by sundry means we have had intelligence of them. There is no man of account within this kingdom but knows that Legge has preferred matters against us in England; his tongue both there and here hath been, and is so lavish. Besides he ceases not daily to press with great impudency into all offices and courts within this realm to search out some matters against us, commonly reporting in every place where he comes that he has special instructions to sift us both, to our great disgrace and discomfort; which we thought meet to make known to you, leaving the remedy hereof to your wise consideration. [Autogs.] pp. 1¼. Inclose,

23. I. Inter ordinationes de Termino Santæ Trinitatis anno regni reginæ nunc Elizabethæ xxxiii^to continetur ex parte Capitalis Rememeratoris prout sequitur:—Whereas there is found in this Court an abstract of divers recognizances taken in Her Majesty's High Court of Chancery certified under the hand of Thomas Saye, one of the clerks of the said Court of Chancery, wherein no condition is specified, neither mention made before what Judges they were recognised, amounting to the sum of. 24, 000l. and upwards. The state of the cause being this day again by the Lord Deputy revived: It is ordered that a note of the said abstract may be delivered to the Lord Chancellor, whereby his Lordship may call together the several officers and clerks of the Court of Chancery to be conferred withal and examined concerning the same, as also to inquire, learn, and find out by all lawful ways and means whatsoever, as to his Lordship shall be thought most expedient for Her Majesty's service, what became of the original book of recognizances and rolls (if any there were), and where the same are or may be found, or to whom the same were delivered for what intention, purpose, or cause, and by whose commandment or direction. And thereupon to return and certify his Lordship's whole proceedings therein into the Exchequer by Crastino Margaretæ next, to the end further course may be followed and executed therein as to equity appertaineth. [In the margin. By means of the absence of the Lord Chancellor, being at Dundalk in service, this matter is respected, until the term. Ric. Colman.]

Inter ordinationes de termino Sancti Michaëlis anno regni Reginæ nunc Elizabethæ xxxiiii^to continetur prout sequitur:—The 27 th of Oct., the Lord Deputy being present, the Lord Chancellor came into the Court and brought with him Thomas Saye, Register of the Chancery, and John Heathe, now Clerk of the Recognizances, and in open Court the said John Heathe showed all the original books of recognizances, agreeing in dates and sums with the abstracts which remained in the Exchequer. And the abstracts and books were particularly examined, conferred, and read in Court, and all the several conditions, so as now Her Majesty may be answered so many thereof as shall appear to be forfeited, for which cause the Lord Chancellor is directed to certify into the Exchequer so many of the said recognizances as are for payment of composition money or other debts due to Her Majesty, to the end they may be called upon if they be unpaid. And for other recognizances being all of ancient time, and before the now Lord Chancellor entered into that place, and for the most part for appearances for keeping the peace, and for performing of orders in the Chancery, upon perusal of all the orders in the Chancery, his Lordship promises to certify so many as he shall find to be forfeited. Certified copy with many autograph signatures. June 16. [1 sheet, parchment.]

Nov. 21. Cork.

24. Sir Warham Sentleger to Burghley. As I have heretofore been bold to trouble you in the behalf of this bearer Sir Owen O'Sullivan concerning a suit depending between him and his nephew Donnell O'Sullivan, so at the earnest request of the said Sir Owen I am again concerning his ancient tenure in holding the lands in question between them from the Queen's Highness by English tenure, I can no less but recommend his former suit to your furtherance (the gentleman having made very good proof of his loyal service since I have known this province). And so humbly beseeching you to stand my good lord in such matters as I have lately troubled your Honours of the Privy Council, concerning certain hard dealings offered me of late touching the gift that it pleased the Queen to bestow upon me here I take leave. Autog. p. ¾.

Nov. 21.

25. Deposition of John Daly of the circumstances of the murder of Richard Stanton by John Bowen and Thomas Morishe, while fishing with the said Daly at the Boolebeg. [See 159½. March 14.]

Nov. 21.

26. Copy of the above.