Acting under the advice of the bishop, O'Cahan employed a skilful hand to draw up a statement of his case, which was presented on May 2, 1607, in the form of 'the humble petition of Donald Ballagh O'Cahan, chief of his name,' addressed to the lord deputy and council. He declared that for 3,000 years and upwards, he and his ancestors had been possessed of a country called 'O'Cahan's country,' lying between the river Bann and Lough Foyle, without paying any rent, or other acknowledgment thereof to O'Neill, saving that his ancestors were wont to aid O'Neill twice a year if he had need, with risings of 100 horse and 300 foot, for which O'Cahan had in return O'Neill's whole suit of apparel, the horse that he rode upon, and 100 cows in winter. He also paid 21 cows every year in the name of Cios'righ, the king's rent, or the king's rent-cess. He alleged that Queen Elizabeth had granted him his country to be held immediately from her majesty at the accustomed rent, by virtue of which he enjoyed it for one whole year without paying, or being craved payment, of any rent or duty, until the Earl of Tyrone, on his return from England, alleged that he had got O'Cahan's country by patent, from the king, who had made him vassal to Tyrone and his heirs for ever, imposing the annual payment of 100 cows, with the yearly rent of 200l. He had also claimed the fishing of the Bann; he preyed yearly upon other parts of his country, and drew from him his best tenants. He therefore prayed for the protection of the lord deputy against these unjust demands and usurpations.

On the 23rd of the same month, O'Neill made a counter statement to the following effect: O'Cahan had no estate in the territory that was by a corruption of speech called O'Cahan's country; nor did he or any of his ancestors ever hold the said lands but as tenants at sufferance, servants and followers to the defendant and his ancestors. His grandfather Con O'Neill was seised in fee of those lands before he surrendered to Henry VIII., 'and received yearly, and had thereout, as much rents, cutting, spending and all other duties as of any other lands which he had in demesne,' within the province of Ulster and territory of Tyrone, and that after Con's surrender the territories were all re-granted with the rents, customs, duties, &c. as before. He was ready to prove that the ancestors of O'Cahan never enjoyed the premises at any time, but at the will and sufferance of O'Neill and his ancestors. A few days after, he despatched a memorial to the king setting forth his grievances, in which he stated that there were so many that sought to deprive him of the greatest part of the residue of his territory that without his majesty's special consideration he should in the end have nothing to support his 'estate' or rank. For the Lord Bishop of Derry, not content with the great living the king had bestowed upon him, sought to have the greater part of the earl's lands, to which none of his predecessors had ever laid claim. And he also set on others to question his titles which had never before before doubted. He therefore humbly besought the king to direct that new letters patent should be made out re-conveying to him and his heirs the lands in dispute, being, he said, 'such a favour as is appointed by your majesty to be extended to such of your subjects of this kingdom as should be suitors for the same, amongst whom I will during my life endeavour to deserve to be in the number of the most faithful, whereunto not only duty, but also your majesty's great bounty, hath ever obliged me.'

This was dated at Mellifont on May 26, 1607. It does not appear that any answer was received to his appeals to the king, nor is it likely that it served his cause, for it is seldom safe to appeal from an agent or deputy to the supreme authority. The Privy Council in Dublin, however, made a report confirming to some extent the claims put forth by Tyrone. A jury had been appointed to inquire into the boundaries and limits of the lands granted by Queen Elizabeth, and they found that they extended from the river Fuin to Lough Foyle, and from Lough Foyle by the sea-shore to the Bann, and thence to the east of Lough Neagh. Within these limits they found that there existed the territory called O'Cahan's, Glenconkeine and Killetragh, which were not the lands of the O'Neills, 'but held by tenants having estates in them equivalent to estates of freehold.' The jury could not determine what rents the tenants of said lands were accustomed to pay, but they found generally that all lands within the limits of Tyrone, except the lands of the church, rendered to O'Neill bonnaght or free quarters for armed retainers, 'rising out, cutting and spending.' The parties, however, did not abide by the decision of the privy council, but kept up their contention in the courts of law. It was quite clear that matters could not remain long in that unsettled state, with so many adventurers thirsting for the possession of land, which was lying comparatively idle. It was thought desirable to appoint a president of Ulster, as there had been a president of Munster. The Earl of Tyrone applied to the king for the office, evidently fearing that if Chichester were appointed, he must share the fate of the Earl of Desmond. On the other hand, it was felt that with his hereditary pretensions, impracticable temper, and vast influence with the people, it would be impossible to establish the English power on a permanent basis until he was got out of the way. This was not difficult, with unprincipled adventurers who were watching for opportunities to make their fortunes in those revolutionary times. Among these was a person named St. Lawrence, Baron of Howth. This man worked cunningly on the mind of the lord deputy, insinuating that O'Neill was plotting treason and preparing for a Spanish invasion. He even went so far as to write an anonymous letter, revealing an alleged plot of O'Neill's to assassinate the lord deputy. It was addressed to Sir William Usher, clerk of the council, and the writer began by saying that it would show him, though far severed from him in religion, how near he came home to him in honesty. He was a Catholic, and professed to reveal what he had heard among Catholic gentlemen, 'after the strictest conditions of secresy.' The conspirators were, in the first place, to murder or poison the lord deputy when he came to Drogheda, 'a place thought apt and secure to act the same.' They thought it well to begin with him, because his authority, wisdom, and valour stood only in the way of their first attempts. Next after him they were to cut off Sir Oliver Lambert, whom for his own judgment in the wars, his sudden resolution, and undertaking spirit, they would not suffer to live. These two lights thus put out, they would neither fear nor value any opposite in the kingdom. The small dispersed garrisons must either through hunger submit themselves to their mercy, or be penned up as sheep to the shambles. They held the castle of Dublin for their own, neither manned nor victualled, and readily surprised. The towns were for them, the country with them, the great ones abroad prepared to answer the first alarm. The Jesuits warranted from the Pope and the Catholic king would do their parts effectually, and Spanish succours would not be wanting. These secrets greatly troubled the sensitive conscience of Lord Howth. From the time he was entrusted with them, he said, 'till I resolved to give you this caveat, my eyelids never closed, my heart was a fire, my soul suffered a thousand thousand torments; yet I could not, nor cannot persuade my conscience, in honesty, to betray my friends, or spill their bloods, when this timely warning may prevent the mischief.' In conclusion, he said, 'though I reverence the mass and the Catholic religion equal with the devoutest of them, I will make the leaders of this dance know that I prefer my country's good before their busy and ambitious humours.' It is related of this twenty-second baron of Howth, known as Sir Christopher St. Lawrence, that having served in Ulster under Essex, and accompanied him in his flight to England, he proposed to murder Lord Grey de Wilton, lest he should prejudice the queen's mind against her former favourite, if he got access to her presence before him; that he had commanded a regiment of infantry under Mountjoy, and that when that regiment was disbanded, he became discontented, not having got either pension or employment; that having gone as a free lance to the Low Countries, and failed to advance himself there as he expected, through the interest of Irish ecclesiastics, he returned to England, and skulked about the ante-chambers of Lord Salisbury, waiting upon Providence, when he hit upon the happy idea of the revelations which he conveyed under the signature of' A.B.'[4]

After some time he acknowledged the authorship of the letter privately, but refused to come forth publicly as an informer, nor was he able to produce any corroboration of the improbable story. Ultimately, however, when pressed by Chichester, he induced his friend Baron Devlin to swear an information to the same effect, revealing certain alleged conversations of O'Neill. In the meantime St. Lawrence cunningly worked upon the fears of the earl, giving him to understand that his ruin was determined on, and that he had better consult his safety, by leaving the country. It appears that he received intimations to the same effect from his correspondents in Spain and in London. At all events, he lost heart, became silent, moody, and low-spirited, suspecting foul play on the part of the king, who was very urgent that he should be brought over to London, in which case Tyrone was led to believe that he would certainly be sent to the Tower, and probably lose his head. With such apprehensions, he came to the conclusion that it was idle to struggle any longer against the stream.

He had for some weeks been engaged quietly making preparations for his flight. He had given directions to his steward to collect in advance one half of his Michaelmas rents, leading the lord deputy to think that he did so either to provide funds for his journey to London, or to defray the expenses of his son's projected marriage with the daughter of Lord Argyle. Meanwhile a vessel had been purchased by Cu-Connaught Maguire, and Bath, the captain of this vessel, assured the Earl of Tyrconnel, whom he met at Ballyshannon, that he also would lose his life or liberty if he did not abandon the country with O'Neill. On September 8, Tyrone took leave of the lord deputy, and then spent a day and night at Mellifont with his friend Sir Garret Moore, who was specially dear to him as the fosterer of his son John. The earl took his leave with unusual emotion, and after giving his blessing according to the Irish fashion to every member of his friend's household, he and his suite took horse and rode rapidly by Dundalk, over the Fews to Armagh, where he rested a few hours, and then proceeded to Creeve, one of his crannoges or island habitations, where he was joined by his wife and other members of his family. Sir Oliver Lambert in a communication to the Irish Government, relating to the affairs of Ulster, made some interesting allusions to O'Neill. He states that he had apologised for having appealed to the king in the case between him and O'Cahan, and said that he felt much grieved in being called upon so suddenly to go to England, when on account of his poverty he was not able to furnish himself as became him for such a journey and for such a presence. In all things else, said Sir Oliver, 'he seemed very moderate and reasonable, albeit he never gave over to be a general solicitor in all causes concerning his country and people however criminal.' He thought the earl had been much abused by persons who had cunningly terrified, and diverted him from going to the king; 'or else he had within him a thousand witnesses testifying that he was as deeply engaged in these secret treasons as any of the rest, whom they knew or suspected.' At all events he had received information on the previous day from his own brother Sir Cormac O'Neill, from the primate, from Sir Toby Caulfield and others, that the earl had taken shipping with his lady, the Baron of Dungannon, his eldest son, and two others of his children, John and Brien, both under seven years old, the Earl of Tyrconnel, and his son and heir, an infant, not yet a year old, his brother Caffar O'Donel, and his son an infant two years old, 'with divers others of their nearest and trusted followers and servants, as well men as women, to the number of between thirty and forty persons.'

The Rev. Mr. Meehan gives graphic details of the flight of his two heroes. Arrived at Rathmullen they found Maguire and Captain Bath laying stores of provisions on board the ship that had come into Lough Swilly under French colours. Here they were joined by Rory, Earl of Tyrconnel. At noon on Friday they all went on board and lifted anchor, but kept close to the shore waiting for the boats' crews, who were procuring water and fuel; but they had to wait till long after sunset, when the boats came with only a small quantity of wood and water. According to a fatality which makes one Irishman's extremity another Irishman's opportunity, the foraging party was set upon by M'Sweeny of Fanad, who churlishly prevented them getting a sufficient supply of these necessaries. This barbarous conduct is accounted for by Mr. Meehan, from the fact, that this M'Sweeny had recently taken a grant of his lands from the crown. At midnight, September 14, 1607, they spread all sail and made for the open sea, intending, however, to land on the Island of Arran, off the coast of Donegal, to provide themselves with more water and fuel. The entire number of souls on board this small vessel, says O'Keenan in his narrative, was ninety-nine, having little sea store, and being otherwise miserably accommodated. Unable to make the island of Arran, owing to a gale then blowing off the land, and fearing to be crossed by the king's cruisers, they steered for the harbour of Corunna in Spain. But for thirteen days, continues O'Keenan, 'the sea was angry, and the tempest left us no rest; and the only brief interval of calm we enjoyed, was when O'Neill took from his neck a golden crucifix containing a relic of the true cross, and trailed it in the wake of the ship. At that moment, two poor merlins with wearied pinions sought refuge in the rigging of our vessel, and were captured for the noble ladies, who nursed them with tenderest affection.' After being tempest-tossed for three weeks, they dropped anchor in the harbour of Quilleboeuf in France, having narrowly escaped shipwreck, their only remaining provisions being one gallon of beer and a cask of water. They proceeded to Brussels and thence to Louvain, where splendid accommodation was provided for them. In several of the cities through which they passed they received ovations, their countrymen clerical and military having prepared for their reception with the greatest zeal and devotion. The King of Spain was of course friendly, but to avoid giving offence to King James he discouraged the stay of the exiles in his dominions, and they found their final resting-place at Rome, where the two earls were placed upon the Pope's civil list, which, however, they did not long continue to burden. Tyrconnel fell a victim to the malaria, and died on July 28, 1608. 'Sorrowful it was,' say the Four Masters, 'to contemplate his early eclipse, for he was a generous and hospitable lord, to whom the patrimony of his ancestors seemed nothing for his feastings and spending.' His widow received a pension of 300l. a year out of his forfeited estates. O'Neill survived his brother earl eight years, having made various attempts to induce the King of Spain to aid him in the recovery of his patrimony. He died in 1616, in the seventy-sixth year of his age. Sir Francis Cottington, announcing the event from Madrid, said, 'The Earl of Tyrone is dead at Rome; by whose death this king saves 500 ducats every month, for so much pension he had from here, well paid him. Upon the news of his death, I observed that all the principal Irish entertained in several parts of this kingdom are repaired unto this court.'

Footnote 1: [(return)]

Page 30.

Footnote 2: [(return)]

Father Meehan.

Footnote 3: [(return)]

Meehan, p. 79.

Footnote 4: [(return)]

Meehan, p. 103.