Sir Toby Caulfield, accompanied by the sheriffs of Tyrone and Tyrconnel, followed quickly the proclamation of the lord deputy to the people of Ulster, and took possession of the houses, goods, and chattels of the fugitive earls. Sir Toby was further empowered to act as receiver over the estates, taking up the rents according to the Irish usage until other arrangements could be made. His inventory of the effects of O'Neill in the castle of Dungannon is a curious document, showing that according to the ideas of those times in the matter of furniture 'man wants but little here below.' The following is a copy of the document taken from the memorandum roll of the exchequer by the late Mr. Ferguson. It is headed, 'The Earl of Tyrone's goods, viz.' The spelling is, however, modernised, and ordinary figures substituted for Roman numerals.
| £. | s. | d. | ||
| Small steers, 9 at 10s. | 4 | 10 | 0 | |
| 60 hogs, at 2s. 6d. | 7 | 10 | 0 | |
| 2 long tables, 10s. | ||||
| 2 long forms, 5s.; an old bedstead, 5s. | ||||
| An old trunk, 3s.; a long stool, 12d. | ||||
| 3 hogsheads of salt, 28s. 6d.; all valued at | 4 | 12 | 6 | |
| A silk jacket | 0 | 13 | 4 | |
| 8 vessels of butter, containing 4-1/2 barrels | 5 | 17 | 6 | |
| 2 iron spikes | 0 | 2 | 0 | |
| A powdering tub | 0 | 0 | 6 | |
| 2 old chests | 0 | 4 | 0 | |
| A frying-pan and a dripping-pan | 0 | 3 | 0 | |
| 5 pewter dishes | 0 | 5 | 0 | |
| A casket, 2d.; a comb and comb case, 18d. | 0 | 1 | 8 | |
| 2 dozen of trenchers and a basket | 0 | 0 | 10 | |
| 2 eighteen-bar ferris | 0 | 6 | 0 | |
| A box and 2 drinking glasses | 0 | 1 | 3 | |
| A trunk 1; a pair of red taffeta curtains 1; other pair of green | ||||
| satin curtains | 4 | 5 | 0 | |
| A brass kettle | 0 | 8 | 6 | |
| 'A payer of covyrons' | 0 | 5 | 0 | |
| 2 baskets with certain broken earthen dishes and some waste | ||||
| spices | 0 | 2 | 0 | |
| Half a pound of white and blue starch | 0 | 0 | 4 | |
| A vessel with 11 gallons of vinegar | 0 | 3 | 0 | |
| 17 pewter dishes | 0 | 15 | 0 | |
| 3 glass bottles | 0 | 1 | 6 | |
| 2 stone jugs, whereof 1 broken | 0 | 0 | 6 | |
| A little iron pot | 0 | 1 | 6 | |
| A great spit | 0 | 1 | 6 | |
| 6 garrons at 80s. apiece | 9 | 0 | 0 | |
| 19 stud mares, whereof [some] were claimed by Nicholas | ||||
| Weston, which were restored to him by warrant, 30l. 9s. | ||||
| being proved to be his own, and so remaineth | 17 | 0 | 0 |
With respect to rents, Sir Toby Caulfield left a memorandum, stating that there was no certain portion of Tyrone's land let to any of his tenants that paid him rent, and that such rents as he received were paid to him partly in money and partly in victuals, as oats, oatmeal, butter, hogs, and sheep. The money-rents were chargeable on all the cows, milch or in calf, which grazed on his lands, at the rate of a shilling a quarter each. The cows were to be numbered in May and November by the earl's officers, and 'so the rents were taken up at said rate for all the cows that were so numbered, except only the heads and principal men of the creaghts, as they enabled them to live better than the common multitude under them, whom they caused to pay the said rents, which amounted to about twelve hundred sterling Irish a year.
'The butter and other provisions were usually paid by those styled horsemen—O'Hagans, O'Quins, the O'Donnillys, O'Devolins, and others.' These were a sort of middle men, and to some of them an allowance was made by the Government. 'Thus for example, Loughlin O'Hagan, formerly constable of the castle of Dungannon, received in lieu thereof a portion of his brother Henry's goods, and Henry O'Hagan's wife and her children had all her husband's goods, at the suit of her father Sir G. O'Ghy O'Hanlon, who had made a surrender of all his lands to the crown.'
The cattle were to be all numbered over the whole territory in one day, a duty which must have required a great number of men, and sharp men too; for, if the owners were dishonestly inclined, and were as active in that kind of work as the peasantry were during the anti-tithe war in our own time, the cattle could be driven off into the woods or on to the lands of a neighbouring lord. However, during the three years that Caulfield was receiver, the rental amounted to 12,000l. a year, a remarkable fact considering the enormous destruction of property that had taken place during the late wars, and the value of money at that time.
A similar process was adopted with regard to the property of O'Donel, and guards were placed in all the castles of the two chiefs. In order that their territories might pass into the king's possession by due form of law, the attorney-general, Sir John Davis, was instructed to draw up a bill of indictment for treason against the fugitive earls and their adherents. With this bill he proceeded to Lifford, accompanied by a number of commissioners, clerks, sheriffs, and a strong detachment of horse and foot. At Lifford, the county town of Donegal, a jury was empanelled for the trial of O'Donel, consisting of twenty-three Irishmen and ten Englishmen. Of this jury Sir Cahir O'Dogherty was foreman. He was the lord of Inishowen, having the largest territories in the county next to the Earl of Tyrconnel. The bill being read in English and Irish, evidence was given, wrote the attorney-general, 'that their guilty consciences, and fear of losing their heads, was the cause of their flight.' The jury, however, had exactly the same sort of difficulty that troubled the juries in our late Fenian trials about finding the accused guilty of compassing the death of the sovereign. But Sir John laboured to remove their scruples by explaining the legal technicality, and arguing that, 'whoso would take the king's crown from his head would likewise, if he could, take his head from his shoulders; and whoever would not suffer the king to reign, if it lay in his power, would not suffer the king to live.' The argument was successful with the jury. In all the conflicts between the two races, whether on the field of battle or in the courts of law, the work of England was zealously done by Celtic agents, who became the eager accusers, the perfidious betrayers, and sometimes the voluntary assassins of men of their own name, kindred, and tribe.
The commissioners next sat at Strabane, a town within two or three miles of Lifford, where a similar jury was empanelled for the county Tyrone, to try O'Neill. One of the counts against him was that he had treasonably taken upon him the name of O'Neill. In proof of this a document was produced: 'O'Neill bids M'Tuin to pay 60l.' It was also alleged that he had committed a number of murders; but his victims, it was alleged, were criminals ordered for execution in virtue of the power of life and death with which he had been invested by the queen. He was found guilty, however; and Henry Oge O'Neill, his kinsman, who was foreman of the jury, was complimented for his civility and loyalty, although he belonged to that class concerning which Sir John afterwards wrote, 'It is as natural for an Irish lord to be a thief as it is for the devil to be a liar, of whom it was written, he was a liar and a murderer from the beginning.'
True bills having been found by the grand juries, proceedings were taken in the Court of King's Bench to have the fugitive earls and their followers attainted of high treason. The names were:—'Hugh earl of Tyrone, Rory earl of Tyrconnel, Caffar O'Donel, Cu Connaught Maguire, Donel Oge O'Donel, Art Oge, Cormack O'Neill, Henry O'Neill, Henry Hovenden, Henry O'Hagan, Moriarty O'Quinn, John Bath, Christopher Plunket, John O'Punty O'Hagan, Hugh O'Galagher, Carragh O'Galagher, John and Edmund M'Davitt, Maurie O'Multully, Donogh O'Brien, M'Mahon, George Cashel, Teigue O'Keenen, and many other false traitors, who, by the instigation of the devil, did conspire and plot the destruction and death of the king, Sir Arthur Chichester, &c.; and did also conspire to seize by force of arms the castles of Athlone, Ballyshannon, Duncannon, co. Wexford, Lifford, co. Donegal, and with that intent did sail away in a ship, to bring in an army composed of foreigners to invade the kingdom of Ireland, to put the king to death, and to dispose him from the style, title, power, and government of the Imperial crown.'
The lord deputy and his officers, able, energetic, farseeing men, working together persistently for the accomplishment of a well-defined purpose, were drawing the great net of English law closer and closer around the heads of the Irish clans, who struggled gallantly and wildly in its fatal meshes. The episode of Sir Cahir O'Dogherty is a romance. On the death of Sir John O'Dogherty, the O'Donel, in accordance with Irish custom, caused his brother Phelim Oge to be inaugurated Prince of Inishowen, because Cahir, his son, was then only thirteen years of age, too young to command the sept. But this arrangement did not please his foster brothers, the M'Davitts, who proposed to Sir Henry Docwra, governor of Derry, that their youthful chief should be adopted as the queen's O'Dogherty; and on this condition they promised that he and they would devote themselves to her majesty's service. The terms were gladly accepted. Sir Cahir was trained by Docwra in martial exercises, in the arts of civility, and in English literature. He was an apt pupil. He grew up strong and comely; and he so distinguished himself before he was sixteen years of age in skirmishes with his father's allies, that Sir Henry wrote of him in the following terms: 'The country was overgrown with ancient oak and coppice. O'Dogherty was with me, alighted when I did, kept me company in the greatest heat of the fight, behaved himself bravely, and with a great deal of love and affection; so much so, that I recommended him at my next meeting with the Lord Deputy Mountjoy, for the honour of knighthood, which was accordingly conferred upon him.' The young knight went to London, was well received at court, and obtained a new grant of a large portion of the O'Dogherty's country. He married a daughter of Lord Gormanstown, a catholic peer of the Pale, distinguished for loyalty to the English throne, resided with his bride at his Castle of Elagh, or at Burt, or Buncranna, keeping princely state, not in the old Irish fashion, but in the manner of an English nobleman of the period; hunting the red deer in his forest, hawking, or fishing in the teeming waters of Lough Foyle, Lough Swilly, and the Atlantic, which poured their treasures around the promontory of which he was the lord. His intimate associates were officers and favourites of the king.