position of Sir Nial's men, directed
warrants, and sent soldiers to the number of 300, to bring all the
earl's tenants unto Sir Nial, to the number of 340 persons, who paid
half-a-crown a piece, and 12 d. for every cow and garron, as a fee
unto the captains, whereby they lost their ploughing for the space of
twenty-eight days, the soldiers being in the country all the while.
One Captain Henry Vaughan, being sheriff in the year 1605, got a
warrant to levy 150 l. to build a sessions house. He built the house
of timber and wattles. It was not worth 10_l_, and it fell in three
months. Nevertheless he levied every penny of the money, and the
people had to meet a similar demand the next year, to build another
house. It was a rule with the governors of the local garrisons to
offer his life to every convict about to be executed, and also a large
reward, if he could accuse the earl of some detestable crime. No less
than twenty-seven persons hanged in Connaught and Tyrone were offered
pardon on this condition. He was at the same sessions called to the
bar for hanging some wood-kerne, although he had authority from the
king to execute martial law. Shortly after, by the lord deputy's
orders, the horse and foot soldiers under Docwra and Folliott were
cessed upon the country, where they for four months remained, and paid
nothing for their charges of horse-meat or man's meat.' In the year
1606 the lord deputy came to Ballyshannon, where, being at supper, he
demanded of the earl what right he had to the several territories he
claimed. He replied that his ancestors had possessed them for 1,300
years, and that the duties, rents, and homages were duly paid during
that time. Whereupon the lord deputy said, 'the earl was unworthy to
have them, he should never enjoy them, the State was sorry to have
left so much in his possession, and he should take heed to himself
or else the deputy would make his pate ache.' The matters in dispute
between him and Sir Nial being referred on that occasion to the lord
deputy, both parties having submitted their papers for examination,
every case was decided against Tyrconnel, all his challenges
frustrated, 300 l. damages imposed, and his papers burned; while Sir
Nial's papers were privately given back to him. The result was that
at the next sessions Sir Nial had the benefit of all his papers,
his opponent having nothing to show to the contrary. The fishery
of Killybegs, worth 500 l. a season, had belonged to T