Elizabeth I: volume 171, September 1593

Calendar of State Papers, Ireland, 1592-1596. Originally published by Her Majesty's Stationery Office, London, 1890.

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'Elizabeth I: volume 171, September 1593', in Calendar of State Papers, Ireland, 1592-1596, (London, 1890) pp. 144-152. British History Online https://www.british-history.ac.uk/cal-state-papers/ireland/1592-6/pp144-152 [accessed 24 March 2024]

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September 1593

Sept. 7. Dublin.

30. Mr. Solicitor Wilbraham to Burghley. The Chief Justice of the Common Pleas and myself are newly returned from our Ulster circuit. In the counties of Monaghan, Down, and Antrim, we find generally less obedience and appearance than was the last year. At Monaghan, Brian McHugh Oge and Rory his brother, two chief lords, durst not appear to justify themselves, although they are not in open action. Rory McBrian's sons are there in action with 30 or 40 in their company keeping the woods, the rest of the lords there showed obedience so long as they be defended from outrage of their stronger neighbours. In the county of Down Sir Hugh Magennis, lord of Evagh, and Ever M'Rory, lord of Kilwarlen, both have large territories by letters patent, but they will not assign any portions to freeholders, but keep their tenants as vassals. Comack M'Neill, Captain of Kilultagh, Neale M'Brian Fertagh, Captain of the Ardes, and M'Cartan possess their several countries by tanistry, and seek no letters patents so long as they may ravin at their pleasures upon their tenants; in no place in this county are the tenants permitted to depart from their lords but at the lord's pleasure, and so thralled in misery. Divers loose kerne of the sleight Mc e Neyles under Neale M'Brian Fertagh live abroad upon spoil, in the rest of that county there is neither certain peace nor open hostility. The county of Antrim, namely the Lower Claneboy, is wasted by the wars of Neale Oge M'Hugh M'Phelim, who is very weak of himself if he were not fostered by those of Tyrone. James Oge M'Sorley Boy M'Donnell, lord of the Route, still forcibly expelleth M'Quillin from his portion and will not answer any court of justice, he and Neale Oge are indicted of several high treasons at our sessions at Carrickfergus. The Scotts of the Glynnes whereof Randal M'Neece is chief under Angus M'Donnell came very dutifully to us, and live in good course for that place. In all our assizes we endeavoured to manifest to the rude people the merciful proceeding of Her Majesty in trials of life for their offences by indifferent jurors, which they seem to admire and embrace. You shall understand from the Council of State in what terms Maguire standeth, but we cannot perceive but he continueth his forces in as great pride as at the first. Connaught is most perplexed to prevent his incursions, and yet he unlike to harm them so long as they stand upon guard. Munster undertakers grow daily poorer for Irish rents will not maintain English diet and apparel. I fear too many of them will leave the keys under the door when the entire rents are charged upon them. The judges lately sent over are men well affected, like to do Her Majesty good service, and we that have served our apprenticeships hope to be revoked with some favour for our long employments. The portion of my expectation under God and Her Majesty resteth in your Lordship for whose health I pray unfeignedly and so most humbly take leave. Holograph. p. 1.

Sept. 10.

31. Mayor, &c. of Youghal to Queen Elizabeth. Certify that Patrick Condon with 700 fighting men, entered their town on the 8th of January 1582–3 and there abode until the 12th, ransacking the poor town and murdering the people till the coming of Sir Henry Wallop from Waterford. p. 1.

Sept. 10. Youghal.

32. Mayor, bailiffs, &c., of Youghal to the Privy Council. Certify that in the 25th year of Her Majesty's reign Patrick Condon with 700 traitors entered the town of Youghal, and did hoist the Pope's banner with his own guidon, crying, Condon above! p. 1.

Sept. 15. Dublin.

33. Lord Deputy and Council to the Privy Council. The Earl of Tirone's repair to signify Maguire's revolt after he had seen his forces dispersed before his face. His burnings and killings upon Ferney, Castle Ring, and Monaghan. Tirone has promised 1,200 foot and 200 horse to join in suppressing him. He has 1,900 men in the field. pp. 3. Incloses,

33. I. Earl of Tirone to the Lord Deputy and Council. Signifying that Maguire hath sworn that he will come and submit himself by the 15th of September. Order taken for dispersing his forces. 1593, Aug. 16, Loughfoile. Copy. p. 1.

33. II. Hugh, Earl of Tirone, to the Lord Deputy and Council. My very good Lords, I have received your Lordships' letters with Maguire's protection by this bearer, the pursuivant, whom I have hitherunto stayed to carry these letters with him according to the tenor of your letters to me in that behalf, upon receipt of which letters I presently sent the protection unto Maguire, and wrote unto him therewithal to know if he had according to the contents of your last letters, and the order I took with him both at that time and since, dispersed his foreign forces altogether from him, as also that he should hasten his own coming hither for his speedier repairing unto your Lordships, his answer unto me thereupon was that he had wholly dispersed his forces and paid them their full entertainment, and would himself by Wednesday next come hither and be ready to go as then to your Lordships in my company. But he finding by his protection that the same is void and of no force, unless he had by this present day dispersed his forces and put all strangers from him, he maketh a doubt, if it should happen that some of them should make stay behind in his country, and that unknown to him (he being himself with your Honours) that you might think that to be a breach of his protection; wherefore to prevent any the like doubt, he desired me to write unto you to request that a new protection for three months may be sent to meet him in his way to your Lordships without putting any condition or exception whatsoever therein, which I wish may be sent to him accordingly for his full assurance in that behalf, and at his coming unto your Lordships you may take such order with him in all things as shall seem most meet unto you. In the meantime I am to acquaint you that as there hath at sundry times heretofore many killings, burnings, and spoilings been committed upon my poor tenants, and the malefactors maintained and relieved in the parts of Claneboy and with Sleight M'I Neale, so now the like doth daily happen unto them by some that accompanied Phelim M'Turlough and others of mine own inhabitants, whom the said parties do to my great hurt maintain against me. Wherefore I beseech your Honours, seeing I dare not of myself to seek my redress, fearing to purchase your displeasures, to take such present order herein as shall be for my satisfaction and the ease of my tenants, who do continually complain unto me of the like outrages. As also that your Lordships will send me word what I shall do with a notorious malefactor who hath been robbing and spoiling by the highways, whom I have taken and sent to be kept unto O'Hanlon until I had known your pleasure therein. 1593, Sept. 1, Dungannon. Copy. p. 1.

33. III. Hugh, Earl of Tyrone, to the Lord Deputy and Council. The traitor Maguire with his forces has entered into Monaghan little regarding the clemency of Her Majesty. Tyrone intends to repair to their Lordships' presence. 1593, Sept. 4, Dungannon. Copy. p. 1.

33. IV. Earl of Tyrone to the Lord Deputy and Council. My very good Lords, since the writing of my former letter I received advertisement that Maguire hath after the dispersing of his forces gathered them together again and lieth with them in the borders of the counties of Monaghan and Fermanagh, not as yet entered into that county unless they have done it since I received news, I have not learned that he hath done any great harm, but to prevent the worst unless he should in that sort most shamefully betray Her Majesty and deceive me, I have thought good to write unto your Honour thereof, being resolved if he come not hither this day according to the appointed time, upon the certainty hereof to make my present repair unto your Lordships, and so in haste I humbly take leave. 1593, Sept. 5, Dungannon. Copy. p. ½.

33. V. Lord Deputy and Council to the Earl of Tirone. To assure Maguire that though some small number of his hired forces should remain in his land without his knowledge that no hindrance shall thereby be given to the validity of his protection. 1593, Sept. 5, Dublin. Copy. p. 1.

33. VI. Lord Deputy and Council to the Earl of Tirone. Thanks for his diligence in advertising them of the traitorous revolting of that wicked rebel Maguire. 1593, Sept. 7, Dublin. Copy. p. 1.

33. VII. Summary of the horse and foot that are to pass the musters for the present service against Maguire, being 920 men. 1593, Sept. 17. pp. 7.

Sept. 16. Dublin.

34. Lord Deputy and Council to the Privy Council. It may please your Lordships, at the Earl of Tyrone's last being here, which was seven days past, he delivered us a letter from you of the 15th of August last consisting upon many parts, and grounded for the most part upon matters formerly signified to your Lordships by himself, concerning some points of our proceedings holden with him at Dundalk, whereunto it pleaseth you to require us to make answer particularly, and therein most humbly submitting ourselves to your honourable pleasures we are bold to answer as followeth.

First, where the Earl in a generality findeth himself grieved, that certain accusations preferred against him at Dundalk were sent over to you at that time without his answers thereunto although, as his Lordship affirmeth, he answered the same sufficiently before us for his purgation, thinking that we were therewith satisfied; we do acknowledge that we charged the Earl with these points, namely, with entertaining of the titulary and traiterous bishop Magawran in his country, and with the receiving of the Sacrament at a Mass, as they term it, at his hands in company with O'Donnell and Maguire, unto which the Earl answered, by a most earnest protestation, that he never knew the said Magawran, neither to his knowledge did he ever see him, the contrary whereof if ever it could be proved his Lordship said he would confess himself to be a traitor. We likewise confess that the Earl before us did signify in speech that he had been advertised out of England that he was suspected to be a traitor, and to have conspired for the bringing in of Spaniards, whereunto he said he was then come before us to try himself to be a true man to Her Majesty, and desired that the Marshal, being his accuser, as he said he was, for the which we reproved the Earl, might not sit as judge, but might stand by him, and then his Lordship would desire no favour, with many other words acknowledging Her Majesty's great goodness towards him, and protesting his loyal and faithful heart to serve her, wheresoever it should please her to employ him.

We remember also that we charged the Earl touching his brother Cormock and his son Con, for going with their forces to assist Maguire, against Captain Willis being appointed sheriff of Maguire's country, to which the Earl answered that the said Cormock and Con, lying then upon the borders there, and hearing the cry up in Maguire's country, went thither with such few companies as they had, not exceeding 20 persons, to understand what the cause might be, not to assist Maguire, nor to offend the sheriff, and that the Earl himself having afterwards intelligence that the said sheriff and soldiers were distressed by Maguire, went thither in person with all speed and rescued them.

I, the Deputy, charged the Earl with certain speeches uttered by him at Castle Row in presence of divers of his followers, namely, that he said that if he had not been accused for bringing in of Spaniards the Lord Deputy should not see his face whilst he were in Ireland. The Earl could not deny the speeches, which, though they were unseemly and savoured of over much heat, for the which we reproved him, yet inasmuch as afterwards he came to Dundalk we took that his coming as an argument of his clearness, as in our letters from Dundalk we advertised you, and therefore did forbear to urge that point any further.

We confess there was preferred against the Earl by two kinsmen of Phelim M'Turlough's a grievous complaint for the murder of the said Phelim by certain of the O'Hagans, followers to the Earl, charging the Earl to be privy to the murder, the Earl being charged with the matter of the bill, denied the contents of the information, both upon his honour and by swearing by Her Majesty's hand, with which answer we of the Council were satisfied, the rather for that the accusation stood, but upon bare matter of circumstance as we conceived it, but I, the Deputy, was of another mind, and therefore, we did not think meet that either the information or the answer should be sent to your Lordships, neither did we know of the sending thereof.

Touching the killing of a servant of mine the Lord Deputy with some other disorders committed against the constable of the Blackwater, it was a matter of accident, not much urged, neither had we ground to hold the Earl culpable thereof, other than that the party was slain in Tyrone, and that I, the Deputy, required the chief and residue of the malefactors at the Earl's hand.

Concerning such complaints as were preferred against the Earl on the behalf of Sir Hugh Magennis and others, those causes were not ordered for want of time, but were referred to Commissioners, and we remember that the Earl did much complain of an injurious course holden against him therein, in that the Marshal examined witnesses against him, before his answers, but whether the Marshal did so or not or had any commission or other appointment so to do; we of the Council know not, and I, the Deputy, gave him none for any such matter. We cannot deny but we heard first one Caddell a lawyer of the Earl's Council and afterwards the Earl himself, complain grievously against one Coolo M'Cardell, for calling the Earl traitor in the streets of Dundalk, the Lord Chancellor urged at the Council Board that the offender might be punished and yet nevertheless he went away, and was neither punished nor reproved.

Where the Earl allegeth that the Marshal was specially appointed to confer with all the witnesses that were sent for, before they could be heard, we know of no such appointment of the Marshal so to do, but remember that the Earl did complain thereof divers times at Dundalk. Now to satisfy your Lordships why these accusations with many others contained in the paper book of 16 leaves, sent by us to your Lordships from Dundalk were sent over, and not the answers here above mentioned, we of the Council, whose names are subscribed, often times moved at the table that as well the answers aforesaid as the accusations, should have been transmitted to your Lordships, the one with the other, but the Lord Deputy said nothing thereunto, nor gave any direction for that matter. In all which omissions justly censured against us by you, we cannot otherwise defend ourselves than as aforesaid, and therefore most humbly beseech you in your wonted favour towards us, to be means to Her Majesty, for her gracious acceptation and construction of these our proceedings, and that it will please your good Lordships to vouchsafe to continne your good opinion towards us as heretofore. Autographs. pp. 3.

Sept. 18. Kilmainham.

35. Lord Deputy to Burghley. The first packet of this despatch which your Lordship may see on the endorsement hath been so often delivered to the seas, should have been sent by the ordinary post to Chester, save that it was staid partly through the uncertainty of the winds and partly upon expectation of the issue of our proceedings with Maguire, which we hoped would have been in a more pleasing sort than now it is. But now I have presumed to send this bearer, my servant Asshe, of purpose and the rather in regard of his speedy return with answer in this case of Maguire's, according as it may seem unto you to import. I humbly therefore pray you to pardon this I have done upon such an occasion for this once, and I hope I shall not have the like cause to infringe your direction but that I may and will henceforth send by the ordinary post during the time of mine abode here, which I trust through your favourable means shall not be long, and upon that hope I have shipped away most of my stuff and had also ere this sent away my wife; if the winds had not been so blustering and uncertain as of late they have been.

Hearing of the return home of a man of Drogheda out of Spain I sent for him according to my duty to Her Majesty's service, and received of him a declaration of the occurrents there, whereof I send you the copy inclosed.

P.S.—While this letter was in writing an Easterling newly arrived here was brought unto me, and he doth constantly avouch that the King of Spain is dead. The news sounding to the good of Her Majesty and State, and having coherence in some part with the former declaration of him of Drogheda, I could not in duty but impart them to your Lordship. Autog. p. 1. Incloses,

35. I. Declaration of advertisements from Spain by James Byrne of Drogheda, merchant. Report that the chief men in the Indies have revolted and think to keep the places they have from the King. The King of Spain is very sickly. The arrival of an Irish priest or Bishop, James O'Hely, in Spain to solicit a force to maintain Maguire in his rebellion. 1593, Sept. 15. Copy. p. 1.

Sept. 19. Athlone.

36. Sir R. Bingham to Burghley. The answer to Maguire's complaint against Sir George Bingham sent to the Lord Deputy three years ago. Maguire's complaint altogether false, devised of purpose to colour his rebellion. Ulster has for many years been the sink of all revolts. The Earl of Tyrone is the chief rebel, Maguire himself might be suppressed by 200 soldiers. pp. 4.

Sept. 19. Athlone.

37. Sir R. Bingham to Burghley. The great benefit of Sligo, Ballymote, the Boyle, and the New Fort for the service against the rebels. Tibbot Reogh Burke's son, whom Grany O'Mailly carried over into England has arrived and gone at once to the traitors in Ulster. p. 1¾.

Sept. 21. Dublin.

38. Sir Robert Gardener to Sir Robert Cecil. Some parts of the examinations formerly taken against Mr. Pine are now sent over by the Lord Deputy. Gardener often finds much malice with subornation and much more affirmed than proved. Holog. p. 1.

Sept. 22. Kilmainham.

39. Lord Deputy to Burghley. In excuse for not having sent certain examinations concerning H. Pine's cause. p. 1¾. Incloses,

39. I. Examination of Lieutenant William Reilley, relative to the speech of an English gentleman, Thomas Bannister, deceased, who told Broughton in his sickness that Mr. Pine was the only man who did receive and send intelligence between the fugitives beyond the seas, and the recusants in England and Ireland. 1593. July 7, Dublin. Copy. p. 1.

39. II. Examination of Edw. Cenay or Synay, relative to the report that Mr. Pine had said to Patrick Condon's messenger, that his master should get men and weopen about him, and drive those two rascals Hide and Synay out of the country. 1593, July 7. Copy. p. ½.

39. III. Examination of Geffrey Galway of Kinsale. Mr. Pyne is bound to his partners to sell no pipe staves within Ireland. 1693, April 28, Kinsale. p. 1.

39. IV. Examination of Lambert Barnes, a Dutchman of Kinsale, relative to the factors or agents, Mr. Pine has in Spain. The shipping of pipe staves, planks, and hogshead staves. 1592–3, March 15, Cork. p. 1.

39. V. Examination of Lawrence Leytchland, Anthony Hopgood, and Philip Tabbe before Justice Jessua Smythes at Lisfinnin touching certain speeches of Henry Pyne. Hopgood told Leytchland that a messenger came from Patrick Condon to Pyne concerning some troubles touching his land, when Pyne told him he should not be dismayed, but arm himself well, as he hoped to see the day when thy master [i.e. Pat. Condon] shall keep as good men as Hyde. Tabbe told Hopgood the same and that Pyne also said he hoped to see the time when Hyde and Seney should be hunted out of the country, and asked his master to come to Mogelly, for that there was one there who would absolve him in law better than himself. Tabbe was upon the land of Mogelly with Pyne when Condon's messenger was there and heard Pyne say as before mentioned and that he did not doubt but Condon should hunt Hyde and Seney out of the country like a sort of rascals as they were. 1593, July 7.

39. VI. Lord Deputy to Burghley, 12 July, being copy of a clause of a letter dated 1593, July 13.

Sept. 22. Roscommon.

40. Sir R. Bingham to Burghley. For the dispatch of Mr. Merbury's suit. His good assistance much needed. p. 1.

Sept. 27.

41. Robt. Fowle to Burghley. That Sir R. Bingham may be appointed to follow the northern rebels now in action. And Connaught to be kept in obedience by the circuit of justices of assize p. 1.

[1593, Sept.]

42. Note of such forces as are employed in the prosecution of Maguire under Marshal Bagenall. p. 1.

about 1593 Sept.

43. Similar note. p. 1.

prob. 1593. Sept.

44. Petition of Grany Ne Maylly to Burghley. For Her Majesty's letters to Sir Richard Bingham in her behalf. She prays that her son who had been arrested may take no harm in body or goods till Her Majesty's pleasure be known. p. 1.