Ireland under the Stuarts and during the Interregnum, Vol. I (of 3), 1603-1642

Delvin tires of his wanderings,

submits,

and is pardoned

Being pressed by the troops Delvin stole out of Cloughoughter with two companions, leaving his infant son to be captured and taken to Dublin. He had married Jane Plunkett, and her brother Luke, afterwards created Earl of Fingal, made matters worse by reporting that Delvin had expressed a wish to kill Salisbury, a charge which was stoutly denied. Howth was mixed up with this as with all the other intrigues. Delvin was ‘enforced as a wood kerne in mantle and trowsers to shift for himself’ in the mountains, and was doubtless miserable enough. After wandering about for more than four months he appeared suddenly one day in the Council chamber, and submitted unconditionally with many expressions of repentance. Salisbury had already pardoned any offence against himself, and the King was no less merciful. Delvin was sent to England a prisoner, but the charge of complicity in O’Dogherty’s conspiracy was probably not believed, for he received a pardon under the Great Seal of Ireland. He enjoyed a fair measure of favour at Court, though he became a champion of the Recusants, and in 1621 he was created Earl of Westmeath.⁴⁰

Florence Conry

When Hugh Roe O’Donnell died at Valladolid in 1602 he was attended by friar Florence Conry, whom he recommended to Philip III. Conry, who was Tyrone’s emissary in Spain, became provincial of the Irish Franciscans and later Archbishop of Tuam, but never ventured to visit his diocese. He passed and repassed from Madrid to Brussels and employed Owen Magrath, who acted as vice-provincial, to communicate with his friends in Ireland.

Lady Tyrconnel

Delvin gives evidence against a friar

Lady Tyrconnel at Court

Magrath brought eighty-one gold pieces to Lady Tyrconnel and tried to persuade her to follow her husband abroad. Other priests gave the same advice, but the lady, who had been Lady Bridget Fitzgerald, had not the least idea of identifying herself with rebellion. She was unwilling to forswear the society of the clergy, but ready to give Chichester any help in her power. She knew nothing of her husband’s intention to return as an invader, but ‘prayed God to send him a fair death before he undergo so wicked an enterprise as to rebel against his prince.’ Magrath was mixed up with Howth and Delvin; but Chichester, though he succeeded in arresting the friar, could get little from him. He was tried for high treason and actually found guilty, mainly upon Delvin’s evidence, who swore that he had disclosed to him a conspiracy for a Spanish descent on Ireland. Philip indeed would not show himself, ‘but the Pope and Archduke will; at which the King of Spain will wink, and perchance give some assistance under hand.’ Chichester saw that Magrath was old and not very clever, and advised that he should be allowed to live in Ulster, for Delvin was repentant and would be glad to impart anything that he learned from him. James readily pardoned Magrath, the English Council shrewdly remarking that it was more important that Delvin should have given evidence against a friar ‘than to take the life of one where there are so many.’ Lady Tyrconnel was sent to England and received a pension, and James is said to have wondered that her husband could leave so fair a face behind him. She afterwards married the first Lord Kingsland; her daughter by Tyrconnel had a curiously adventurous career.⁴¹

Manifesto of James as to the flight of the Earls

James thought it necessary to publish a declaration for the enlightenment of foreign countries as to the true reason of the Earls’ departure, not in respect of any worth or value in those men’s persons, being base and rude in their original. They had no rights by lineal descent, but were preferred by Queen Elizabeth for reasons of State, and fled because inwardly conscious of their own guilt. The King gave his word that there was no intention of proceeding against them on account of religion. Their object was to oppress his subjects, and the less said about their religion the better, ‘such being their condition and profession to think murder no fault, marriage of no use, nor any man to be esteemed valiant that did not glory in rapine and oppression.’ They had laboured to extirpate the English race in Ireland and could not deny their correspondence with foreign princes ‘by divers instruments as well priests as others.’ James assured himself that his declaration would ‘disperse and discredit all such untruths as these contemptible creatures, so full of infidelity and ingratitude, shall disgorge against us and our just and moderate proceedings, and shall procure unto them no better usage than they would should be offered to any such pack of rebels born their subjects and bound unto them in so many and such great obligations.’⁴²

Tyrone and Tyrconnel expose their grievances

While at Louvain, and no doubt by way of answer to the royal declaration, both Tyrone and Tyrconnel caused expositions of their grievances to be drawn up, and these documents are still preserved in London, but do not appear to have been ever transmitted to the Irish Government. No rejoinder to them or criticism of them is known to exist, and they must be taken for what they are worth as ex parte statements. Religion is placed in the forefront of both manifestoes, in general terms by Tyrconnel, but more specifically by Tyrone, the proclamation of July 1605 having been promulgated by authority in his manor of Dungannon.

Their position in Ulster was impossible

But the case for the Earls mainly consists in an enumeration of their difficulties with the Irish Government officials, and it may well be believed that many underlings exercised their powers harshly and corruptly. What appears most clearly is that the local domination of an O’Neill or an O’Donnell, even though they wore earls’ coronets, was inconsistent with the modern spirit. They found the position of subjects intolerable. By their flight they hastened the progress of events, but their stay in Ireland could not very long have retarded it.⁴³

Tyrone and his company leave the Netherlands

The Duke of Lorraine

Arrival in Italy

Tyrone and the rest left Louvain on February 17, the Spanish authorities having with much difficulty and delay found money enough to speed the parting guests. Edmondes wrote to Charles of Lorraine reminding him of his near relationship to the King of England and also of the fact that ‘these fugitives and rebels had found the door shut in Spain, where the King would not admit them out of respect and friendship to King James.’ The Duke let them pass through his country, and afterwards appeared to have been greatly impressed in their favour, as such a champion of the Roman Church would naturally be. Their expenses were paid by him while in Lorraine, and he entertained them sumptuously in his palace at Nancy. They travelled by Basel and Lucerne to the St. Gothard, and one of O’Donnell’s sumpter horses fell over the Devil’s Bridge and was lost, with a large sum of money. The monks received them at the hospice, and on their descent into Italy they were well received at Faido, Bellinzona, and Como. Fuentes, the Governor of Milan, went out to meet them with his staff. They were lodged at the hostelry of the Three Kings and handsomely entertained there at the governor’s expense. Cornwallis at Madrid and Wotton at Venice complained loudly, and received soft answers. Salisbury told Cornwallis to make little of the fugitive Earls and to describe them as mere earthworms; and the ambassador bettered the instruction by saying that he esteemed them and all their company as so many fleas. The Spanish officials replied that Fuentes was generally hospitable to strangers, but that the King’s government had no idea of countenancing the exiles.

The Earls are excluded from Venetian territory

They reach Rome

Wotton easily persuaded the anti-Romanist and lately excommunicated Doge to exclude the Irish party from Venetian territory, and a person in his confidence followed Tyrone privately wherever he went. The exiles received 1,000 crowns from Fuentes, of which they complained as much below their expectations. They were well received at Parma and Reggio, and reached papal territory at Bologna, where Cardinal Barberini, afterwards Urban VIII., was then governor. From Ancona they made a pilgrimage to Loretto, and travelling by Foligno, Assisi and Narni, they came in sight of Rome on April 29. Several cardinals, in much state and with great retinues, went out to meet them at the Milvian bridge. One coach, which, according to Wotton’s informant, was borrowed by Parsons, contained Englishmen, and others came to see Tyrone inside the city. The Salviati palace in the Borgo was assigned to the exiles as a residence by Paul V. After this Tyrone sometimes showed himself in a coach with Tyrconnel and Peter Lombard the titular Primate of Ireland, who had never seen his see.⁴⁴

The return of the Earls long expected

‘I know not,’ said Chichester, ‘what aid or supportation the fugitives shall receive from the Spaniard or Archduke, but the kind entertainment they have received compared with the multitude of pensions given to base and discontented men of this nation, makes them there and their associates and well wishers here to give out largely, and all wise and good subjects to conceive the worst. I am many ways assured that Tyrone and Tyrconnel will return if they live, albeit they should have no other assistance nor supportation than a quantity of money, arms, and munition, with which they will be sufficiently enabled to kindle such a fire here (where so many hearts and actors affect and attend alteration) as will take up much time with expense of men and treasure to quench it.’ These rumours continued while Tyrone lived, and after his death his son was expected. Exiles are generally sanguine, and the friars and Jesuits kept up constant communication with Spain and the Netherlands; but the decadent Spanish monarchy could never make an attempt on Ireland or give any serious trouble until England was at war with herself.⁴⁵

CHAPTER IV
REBELLION OF O’DOGHERTY, 1608

Antecedents of Sir Cahir O’Dogherty

Docwra leaves Derry, 1606, and is succeeded by Sir George Paulet

O’Dogherty is suspected

The wild territory of Inishowen between Lough Foyle and Lough Swilly had been for ages in possession of the O’Dogherty clan, who were, however, not quite independent either of O’Neill or O’Donnell. Sir John O’Dogherty, who held Inishowen by patent, died in December 1600, and Hugh Roe O’Donnell set up his brother Phelim in his stead, to the exclusion of his son Cahir, whom he kept in his own power. Cahir’s foster-brethren, the MacDavitts, appealed to Sir Henry Docwra, and he persuaded O’Donnell to release the young man, whom the Government then adopted as chief. After the accession of James, though not with Devonshire’s good will, Sir Cahir, who had been knighted for good service in the field, was confirmed by the King in his father’s possessions. The island of Inch was leased to another, but after Devonshire’s death the King agreed to restore it. Tyrconnel complained bitterly that Inishowen was excepted from his grant, and Tyrone grumbled at losing an annual rent of sixty cows out of it, ‘never before your Majesty’s reign brought to any question.’ Docwra was Sir Cahir’s steady friend, but Devonshire’s extreme leaning to Tyrone’s side made his position intolerable, and he left Ireland in 1606, having sold his land at Derry to George Paulet, the Marquis of Winchester’s son. He was allowed to compound with Paulet for his company of foot and the vice-provostship of Derry, and this was done with Devonshire’s approval on the ground that there was ‘no longer use for a man of war in that place.’ The King’s letter describes Paulet as ‘of good sufficiency and of service in the wars,’ but Chichester was not of that opinion. He was established at Derry at the beginning of 1607, and was soon at daggers drawn, not only with the neighbouring Irish chiefs, but with the Protestant bishop Montgomery. At the same time he neglected, notwithstanding Chichester’s repeated warnings, to post sentries or to keep any regular look-out. His ill-temper made him disliked by his own men, and they despised him for his evident incompetence. After the flight of the Earls Sir Cahir O’Dogherty was one of the commissioners especially appointed for the government of Tyrone, Donegal, and Armagh, Paulet and Bishop Montgomery being among his colleagues. His ambition at this time was a place at Court. He excited suspicion by landing a few armed men upon Tory island, but the inhabitants seem to have consented. Sir Richard Hansard, who gave the first information, did not think that O’Dogherty meant much harm, for he never had more than seventy men, armed only those of Inishowen, and refused recruits from other districts. But Paulet took a view of the case which made his want of preparation inexcusable. He went with Captain Hart, the governor of Culmore, and others to O’Dogherty’s castle of Burt on Lough Swilly, where Lady O’Dogherty, Lord Gormanston’s sister, was living. He told O’Dogherty afterwards that he only went on a friendly visit, but to Chichester he said that he meant to seize the castle had he not found it well defended.

Paulet’s violent behaviour

O’Dogherty remonstrated in a temperate letter and subscribed himself ‘your loving friend,’ but Paulet retorted that he was a traitor and that he left him to a provost-marshal and a halter. Three weeks later O’Dogherty went to Dublin, and protested his loyalty; but he was on good terms with O’Cahan, whose actions were also suspicious, and Chichester hardly knew what to think. Sir Cahir was at last suffered to depart after entering into a recognisance, himself in 1,000l. with Lord Gormanston and Sir Thomas Fitzwilliam in 500 marks each, to appear at all times upon twenty days’ notice in writing, and not to leave Ireland without licence before Easter 1609. About the close of the year 1607, Sir Cahir was foreman of the Grand Jury who found a true bill for treason against Tyrone, Tyrconnel, and their chief adherents.⁴⁶

Paulet insults O’Dogherty,

In February 1608 O’Dogherty wrote to the Prince of Wales protesting his fidelity, and asking to be made one of the gentlemen of his privy chamber. On April 18, the very day on which he plunged into rebellion, an order was sent by the English Government to restore the island of Inch, and all other lands withheld from Sir Cahir, excepting only the fort of Culmore, which stood at the mouth of the Foyle, and thirty acres of land with it.

who becomes an open rebel, and seizes a fort

The Four Masters say, and this has often been repeated, that Paulet struck O’Dogherty, and that the insult drove him into rebellion. Paulet was certainly abusive, but a blow is not anywhere mentioned in the State correspondence, though no Englishman then in Ireland had anything to say in favour of the unfortunate governor, nor by Docwra, who could scarcely be ignorant of so remarkable a fact. O’Sullivan Bere, who published his history at Lisbon in 1621, says Paulet threatened to have O’Dogherty hanged, but he had evidently not heard of any blow. The Four Masters wrote in Donegal, between 1632 and 1636, but it is not certain that any of them were in Ireland in 1608; at all events there was time for the growth of a traditional addition to the facts. Whatever may have been the immediate cause of his outbreak, O’Dogherty behaved with so much treachery as to throw doubt upon all his recent professions. He invited Captain Hart, the governor of Culmore fort, to visit him at Buncrana. He complained that Lady O’Dogherty, who was of the Pale and had English tastes, suffered from the want of society, and therefore Mrs. Hart was pressed to accompany her husband. After dinner O’Dogherty took Hart into an upper room under pretence of privacy, spoke of Paulet’s harsh conduct, and told his guest that he must die or surrender Culmore. Being disarmed, and told to choose, Hart refused to betray his trust. Lady O’Dogherty then entered the room in tears, upbraided her husband and his accomplices, and called heaven to witness that she was no party to the plot. O’Dogherty threatened to throw both her and his prisoner over the walls, and told Mrs. Hart that she must devise some means of seizing Culmore or die with her husband, her children, and the whole garrison. He swore upon a book that not one person should suffer if the fort were yielded quietly. At last she was frightened into going with O’Dogherty to Culmore and calling out some of the guard, saying that her husband lay hard by with a broken arm. Once outside the gate they were seized by the Irish, who rushed in and took the fort, surprising the rest of the garrison in their beds. Hart and his family were ferried over the Foyle and told to go to Coleraine, the soldiers escaping to Lifford during the confusion of that night.⁴⁷

O’Dogherty surprises Derry

Treatment of the garrison

O’Dogherty marched through the night and reached Derry at two o’clock in the morning of Tuesday, April 19, with scarcely a hundred men, not all of whom were armed. They divided at the bog-side, Sir Cahir attacking the lower forts where the storehouses were, and Phelim Reagh undertaking the governor’s house on the high ground. Paulet escaped into Ensign Corbet’s house, and there a short stand was made. Corbet fought with and wounded Phelim, but was struck down from behind. His wife killed the man who had dealt the fatal blow, and was herself slain. Paulet fell by the hand of Owen O’Dogherty. Lieutenant Gordon jumped from his bed, seized a rapier and dagger and ran out naked, killing two of the assailants and calling upon the soldiers to fight for their lives. He also was overpowered and killed. Lieutenant Baker gathered a few men together and attempted to retake the lower fort, but was ill supported, and retired into Sheriff Babington’s house. That house and the bishop’s were held till noon, but O’Dogherty’s force was constantly increasing, a piece of cannon was brought up from Culmore, and Baker, who had no provisions or ammunition, thought it best to make terms. A written undertaking was given that every man should depart with his sword and clothes, and the women with their clothes. Lady Paulet and Mrs. Susan Montgomery, the bishop’s wife, remained prisoners with O’Dogherty. According to O’Sullivan all Protestants were slaughtered, and all Catholics safely dismissed, but the total number killed did not exceed ten on either side. Lieutenant Baker, to use the language of Sir Josiah Bodley, was in ‘great grace and reputation,’ for he alone survived of those who had distinguished themselves on the fatal morning. He settled in Ulster, and his namesake, perhaps his descendant, was governor in that later siege which has made the name of Derry for ever famous.⁴⁸

The Bishop’s library burned

Collapse of the insurrection

Derry re-occupied

The rebels abandon Culmore

Pursuit of O’Dogherty

Surrender of Burt Castle

Before leaving Derry Phelim Reagh, who thought the place untenable by a small force, deliberately burned Bishop Montgomery’s library in sight of his men. O’Sullivan says there were ‘2,000 heretical books,’ and that the bishop vainly offered a hundred pounds ransom for his collection. Having set fire to the buildings and to two corn ships which lay near, Phelim removed to Culmore, taking some guns with him in two boats and throwing the rest into the sea. Doe Castle on Sheep Haven was also surprised, and Captain Henry Vaughan taken prisoner. Captain John Vaughan abandoned Dunalong and fled with his men to Lifford, and a few Scotch settlers at Strabane did the same. There O’Dogherty’s successes ended. Sir Richard Hansard, who never ceased to take the precautions which Paulet neglected, easily maintained himself at Lifford, and help was not long in coming. At the beginning of May Chichester sent all his available forces to Ulster. The officers in charge were Sir Richard Wingfield, Marshal of the army since 1600, and Sir Oliver Lambert, then more hated and feared than any English soldier. Sir Thomas Ridgeway, an energetic man who had succeeded Carey as vice-treasurer, accompanied them without Chichester’s knowledge. After inspecting the garrisons about Lough Neagh and the Blackwater, and warning them to be on their guard, Wingfield and his colleagues reached Derry on May 20. They found earthworks, walls and chimneys not much damaged, but everything that would burn had been reduced to ashes, except the wooden roof of the cathedral. Ridgeway was in doubt whether they had found this roof too high to set fire to, or whether they spared it out of respect to St. Columba, ‘the patron of that place, and whose name they use as their word of privity and distinction in all their wicked and treacherous attempts.’ According to the terms of the recognisance in which he was bound, Chichester’s letter summoning O’Dogherty to appear before him was publicly read by Ridgeway at ‘the half-burned house of Master Babington’ in Derry, and at Sir Cahir’s own castle of Ellagh not far off. Cabins were run up for the inhabitants of Derry, who had already returned to their homes, and enough cows and sheep to secure them against starvation were driven in from O’Dogherty’s country. Phelim Reagh declared that he would die in defence of Culmore, but thought it more prudent to set the place on fire and to escape by water. The fort was quickly refitted and garrisoned. Parties were sent to scour the country as far as Dunaff and Malin Head, and Inishowen was completely cleared, 2,000 cows, 2,000 or 3,000 sheep and 300 or 400 horses were driven in, and Buncrana was burned ‘as well from anger as for example’s sake.’ Armed resistance there was practically none. O’Dogherty had withdrawn into the territory of the MacSwineys west of Lough Swilly, and thither did Ridgeway and his colleagues pursue him. Even among the woods of Glenveagh he was unable to make any sort of defence, and it was said that he fled thirty-five miles in one march at the approach of the troops. Various plots having been laid for his betrayal, the army returned by Raphoe to Sir Cahir’s principal castle of Burt on Lough Swilly. The garrison were divided in opinion, some thinking that they held the place for the King of Spain and others for O’Dogherty. They had but one life each, they said, which they owed to God; if they surrendered they would either be treated like dogs by the English or hanged by Sir Cahir, and so they might as well do their duty. One Dowding, or Dowling, a native of Drogheda, and presumably more civilised than the Inishowen men, at last proposed a capitulation, involving a jointure for Lady O’Dogherty and some provision of land for the rest. The answer of the English officers, who thought it ‘intolerable strange for a King’s army to make jointures for ladies with the cannon,’ was to place two pieces of artillery in position. The Irish, whose chief leader was a monk, said they would put Mrs. Montgomery in the breach, but no breach was made, and they all surrendered at discretion after the second shot. Mrs. Montgomery and Captain Brookes’ son were, in Ridgeway’s quaint language, ‘returned to their owners.’ Sir Neill Garv O’Donnell and his two brothers, Lady O’Dogherty, her only daughter and her husband’s sister, with their female attendants, were taken on board his Majesty’s ship Tramontana, and Ridgeway went with them to Dublin, partly to avoid weakening Wingfield’s force, and partly because he thought the enforced idleness of a voyage would make the ladies talk freely. Lady O’Dogherty fulfilled his expectation by indulging in ferocious invectives ‘against Neill Garv for drawing her husband into rebellion.’⁴⁹

O’Dogherty in Tyrone, and Armagh, but is killed by Irish soldiers

Unable to cope with Wingfield in Donegal, O’Dogherty made a descent upon Tyrone in the middle of June. Chichester had ordered all garrisons to keep close, and this policy was strictly adhered to. O’Dogherty was afraid to do much damage lest he should alienate the affections of Tyrone’s late subjects, and he only took enough cattle to feed his following of about 800 men. He penetrated into Armagh, but soon wandered back into Donegal, making no attempt to relieve Burt, and pretending that its loss did not signify. After Ridgeway’s departure Wingfield prepared to attack Doe Castle, and while he waited at Kilmacrenan for his artillery, the enemy, about 700 strong, unexpectedly came in sight. Neill Garv had warned O’Dogherty not to fight, but he neglected this advice and was killed by Irish soldiers who wanted his land. His head was sent to Dublin and stuck upon a spike over the new gate. Within a few days Doe Castle succumbed to a heavy cannonade, and Lough Eske was surrendered by O’Gallagher, who was foster-father to Tyrconnel’s son. Chichester received the news of O’Dogherty’s death at Dundalk, and at once issued a proclamation warning the people of Ulster that those who received or protected any of the late rebel’s followers would be regarded as traitors themselves. All who delivered up any of the delinquents dead or alive were promised free pardons and the goods of the person so given up. Phelim Reagh MacDavitt alone was excluded from all hope of pardon.⁵⁰

Ruthless suppression of the rebellion, which is condemned by an Irish jury

Phelim Reagh MacDavitt

Chichester had announced that the war should be made ‘thick and short,’ and his proclamation was well suited for the purpose. About fifty of the O’Hanlons were in arms near Mount Norris, but they were quickly dispersed with great loss on his arrival at that fort, and the prisoners hanged by martial law. O’Cahan’s brother Shane Carragh was soon afterwards brought in by the MacShane O’Neills to the post at Mountjoy. At Armagh the grand jury, almost entirely Irish, found a bill against all who were in rebellion. Being a man of importance Shane Carragh was tried by jury at Dungannon and hanged, and it was noted that the solemnity of the trial made a great impression upon the natives, who were accustomed to see summary sentences carried out at the nearest tree. The jurors were Irishmen, who attended as readily as when Tyrone was present, and the monk who had commanded at Burt voluntarily purchased life and liberty by renouncing the Pope and conforming publicly. Chichester then marched through Glenconkein, ‘where the wild inhabitants,’ according to Davies, ‘wondered as much to see the King’s Deputy as the ghosts in Virgil wondered to see Aeneas alive in hell.’ At Coleraine he heard of the capture of Sir Cahir’s illegitimate brother, whom the people wished to make O’Dogherty, of Owen O’Dogherty who killed Paulet, and of Phelim Reagh MacDavitt, who was regarded as the contriver of the whole rising. Phelim, who was hunted into a wood and found there after long search, made a stout resistance and was wounded, but great care was taken to keep him alive for his trial. He was taken to Lifford, where he made statements very damaging to Neill Garv, and was then hanged with twenty others. Chichester returned to Dublin at the beginning of September, leaving only the very dregs of a rebellion behind him.⁵¹

Severities in Tory Island

The rebels destroy each other

Shane MacManus, Oge O’Donnell, who aspired to be the O’Donnell, was the last to hold out with about 240 men in Tory and the adjacent smaller islands. Sir Henry Ffolliott, the governor of Ballyshannon, finished the business in a very ruthless manner. On his way he took the island stronghold at Glenveagh, which was held by an O’Gallagher, ‘one of Tyrconnell’s fosterers, who killed three or four of his best associates after he yielded up the island, for which we took him into protection.’ Of armed resistance there was not much, but Ffolliott’s task was made difficult by foul winds upon that rough coast, and he failed to capture Shane MacManus, who escaped with the bulk of his followers by boat into Connaught, preferring to trust to Clanricarde’s clemency, but leaving eleven men in the castle on Tory island, where Ffolliott found them. The constable called to Sir Mulmore MacSwiney, begging to be allowed to see the English commander and promising service. MacSwiney let him come out, and he was induced by Ffolliott to purchase his life by betraying the castle and taking the lives of seven out of the ten men in it. A MacSwiney who was one of the garrison was also admitted to a parley and made the like promise, but the constable got back first, ‘each of them,’ says Ffolliott, ‘being well assured and resolved to cut the other’s throat.’ He killed two of his followers and the rest scattered into the rocks, where he shot one. Ffolliott kept him to his promise of seven heads, which were to be taken without help from the soldiers. One of the others turned and stabbed his late leader to the heart and was then killed by one of his own companions. Three others were killed in the scuffle. Shane MacManus’s boat was found in the island of Arran, while his mother with a boy of ten and a girl of eleven remained prisoners. ‘And so,’ reported Ffolliott, ‘there were but five that escaped, three of them churls and the other two young boys… Shane MacManus is deprived of his mother and two children and his boat, which I think he regards more than them all.’⁵²

Fate of Neill Garv O’Donnell

Irish juries will not find verdicts for treason

Neill Garv is sent to the Tower, where he dies

Sir Neill Garv O’Donnell gave no effectual help against O’Dogherty, and he was really a fellow-conspirator. Lifford, Ballyshannon and Donegal were to be seized by him and his friends, while Sir Cahir took Derry and Culmore, and all plunder was to be divided equally between them. Sir Neill was to have Burt Castle and whatever rights O’Donnell had over Inishowen, as long as he could hold his own. He continued, however, to profess loyalty and to urge his claims over the whole of Tyrconnel. O’Dogherty’s country he regained by special grant, but he was an abettor, if not the principal contriver, of the Derry surprise, gave advice about the mode of attack, sent sixteen men of his own to help, and charged O’Dogherty to spare no one. All this was not certainly known until later, and Sir Neill obtained protection from Wingfield, whom he accompanied on his expedition into Donegal. He was soon again in communication with the rebels, was arrested at Glenveagh and sent a prisoner to Dublin, but it was not until June, 1609, that a Donegal jury could be sworn in the King’s Bench there. The jurors were Irishmen and not of very high position, for the English settlers and the principal natives had served on the grand jury which found the bill. Davies offered no evidence as to Sir Neill’s complicity in the Derry affair, though there could be no doubt of the fact, because it might be held that the treason was covered by Wingfield’s protection. There was good proof of the breach of that protection by aiding and abetting the King’s enemies, but the jury were shut up from Friday till Monday and almost starved to death. They refused to find a verdict of treason on the ground that Sir Neill had not been actually in arms against the King, and it was believed that they had bound themselves by mutual oath not to find the lord of their country guilty. They were discharged ‘in commiseration of their faintings and for reasons concerning his Majesty’s service.’ ‘The priests,’ said Davies, ‘excommunicate the jurors who condemn a traitor. The Irish will never condemn a principal traitor: therefore we have need of an English colony, that we may have honest trials. They dare not condemn an Irish lord of a country for fear of revenge, because we have not power enough in the country to defend honest jurors. We must stay there till the English and Scottish colonies be planted, and then make a jury of them.’ There being no hope of a verdict, the lawyers could only suggest that Sir Neill should be tried by a Middlesex jury as O’Rourke had been in 1591. In any case he should be sent to England, for Dublin Castle was no safe place for a prisoner who was always trying to escape, and who had already been found with a rope long enough to ‘carry him over the wall from the highest tower.’ Sir Neill went to London in due course, and died in the Tower in 1626.⁵³