Case of O’Cahan.
Mountjoy’s promise to O’Cahan,
which is not kept.
O’Cahan’s righteous indignation.
Violence of Tyrone. 1606.
Donnell O’Cahan, chief of what is now Londonderry county, once known as Iraght O’Cahan, and more lately as the county of Coleraine, submitted to Sir Henry Docwra in July 1602. The lands had been in possession of the clan for centuries, but certain fines and services were due to the O’Neills. Tyrone was still in open rebellion for several months afterwards, and it was thought that the loss of O’Cahan’s district had much to say to his final discomfiture. O’Cahan, whose hereditary office it was to cast a shoe at the installation of an O’Neill, agreed to give up the land between Lough Foyle and the Faughan water to the Queen, and also land on the Bann for the support of the garrison at Coleraine. The rest of his tribal territory was to be granted to him by patent. This agreement was reduced to writing, signed by O’Cahan and Docwra and ratified under his hand by Lord Deputy Mountjoy. Pending the settlement of the question, O’Cahan was granted the custody of his country under the Great Seal. When it afterwards seemed probable that Tyrone would be received to mercy O’Cahan reminded Docwra that he had been promised exemption from his sway. At O’Cahan’s earnest request, Docwra wrote to Mountjoy, who again solemnly declared that he should be free and exempt from the greater chief’s control. No sooner had Tyrone been received to submission than he began to quarter men upon O’Cahan, who pleaded the Lord Deputy’s promise, and was strongly supported by Docwra. ‘My lord of Tyrone,’ was Mountjoy’s astonishing answer, ‘is taken in with promise to be restored, as well to all his lands, as his honour of dignity, and O’Cahan’s country is his and must be obedient to his command.’ Docwra reminded him that he had twice promised the contrary in writing, to which he could only answer that O’Cahan was a drunken fellow, and so base that he would probably rather be under Tyrone than not, and that anyhow he certainly should be under him. Tyrone’s own contention was that O’Cahan was a mere tenant at will, and without any estate in the lands which had borne his name for centuries. Docwra reported Mountjoy’s decision to O’Cahan, who ‘bade the devil take all Englishmen and as many as put their trust in them.’ Docwra thought this indignation justified, but realised that nothing could be done with a hostile Viceroy, and advised O’Cahan to make the best terms he could with Tyrone. Chichester was from the first inclined to favour O’Cahan’s claim, but the Earl managed to keep him in subjection until 1606, when the quarrel broke out again. Tyrone seized O’Cahan’s cattle by the strong hand, which Davies says was his first ‘notorious violent act’ since his submission, and the whole question soon came up for the consideration of the Government. Early in 1607 the two chiefs came to a temporary agreement by which O’Cahan agreed to pay a certain tribute, for which he pledged one-third of his territory, and in consideration of which Tyrone gave him a grant of his lands. O’Cahan was inclined to stand to this agreement, but Tyrone said it was voidable at the wish of either party. A further cause of dispute arose from O’Cahan’s proposal to repudiate Tyrone’s illegitimate daughter, with whom he had lately gone through the marriage ceremony, and to take back a previous and more lawful wife. His fear was lest he should have to give up the dowry also, and especially lest his cattle should be seized to satisfy the claim.[30]
Death of Devonshire, 1606.
Claims O’Cahan and Tyrone.
The Crown intervenes.
Devonshire died on April 3, 1606, and Tyrone thus lost his most thoroughgoing supporter at court. It was in the following October that O’Cahan’s cattle were seized, and in May 1607 that chief petitioned for leave to surrender his country to the King, receiving a fresh grant of it free from Tyrone’s interference. He afterwards expressed his willingness to pay the old accustomed services to Tyrone. The two chiefs were summoned before the Council, and Tyrone so far forgot himself as to snatch a paper from O’Cahan’s hand and tear it in the Viceroy’s presence; but for this he humbly apologised. The case was remitted to the King, and it was afterwards arranged that both parties should go over to plead their several causes; peace being kept in the meantime on the basis of the late agreement. The Irish lawyers were of opinion that O’Cahan’s country was really at the mercy of the Crown on the ground that, though it had been found by inquisition to be part of Tyrone’s, the Earl’s jurisdiction only entitled him to certain fixed services and not to the freehold. That they held to have been the position of Con Bacagh O’Neill, and Tyrone’s last grant only professed to restore him to what his grandfather had.[31]