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Dermond More; and by the gentlemen of the country an agreement was made between the said Donogh ne Spoltie and Teig the son of Dermond slain as aforesaid, by which agreement Muskry fell to the portion of Teig McDermond McDonell Oge, and Dowally unto Donell ne Spoltie McDermond More.

Dowally is thus bounded,—Upon the west with MacCartie More; east, Botevant; south, Muskry; north, Kerry; northeast, the county of Limerick.

This Genealogy next following of O'Neale, of whom three were Earls of Tiron, shows the several families of the Neales from Hugh Neale, being a branch descending from the ancient Irish. The said Hugh Neale in the 81st degree is derived from Hermon the seventh son of Milo.

O'Neale, Earl of Tirone.—Con. Backagh, created Earl of Tirone by King Henry VIII, had Alison, a concubine, the wife of a smith of Dundalke. Sir Ferdorogh, otherwise Mathew, Baron of Dungannon, begotten upon the said Alison, slain by Shane O'Neale his brother A.D. 1560. When his father was created Earl of Tirone, he was created Baron of Dungannon, and by letters patent granted to his father he and heirs males were to succeed in the earldom. from Camden. Brian was hanged. Neale was slain in rebellion, anno 1600. Hugh, Baron of Dunganon, died in Italy without issue. Henry, Colonel of the Archduke's army, died in Spain. Hugh, Earl of Tiron, was restored by Q. Elizabeth to the title of Earl of Tirone A.D. 1585, which for many years had been discontinued, and bore only the title of Baron of Dungannon from the death of his father, which was in 1560. He was proclaimed traitor the 12th of June 1595 by record. In 1598 he overthrew near the Blackwater her Majesty's army, where Sir Henry Bagnall, Marshal of Ireland, General of the Forces, with many captains and gentlemen of mark and a great number of soldiers were slain. In 1607 having entered with Rowry O'Donel, Earl of Tirconnel, into a new confederacy of treason, and finding that the conspiracy was discovered, taking his wife and two of his sons with him, he fled out of Ireland, and with him went Rowry O'Donell, his son, and Hugh the Baron of Dungannon. And now, 1615, he lives in Rome. O'Neale.—Cormack, prisoner in the Tower of London, A.D. 1618. Married the three daughters to Hugh O'Donnel, sister to Hugh Roe and by a concubine had, Art. O'Neale and Brian Shane O'Neale. In anno 11 Elizabeth; was attainted by Parliament in Ireland when Con. O'Neall was created Earl of Tirone, Matthew, his base son, was by these letters patent created Baron of Dungannon, and the succession in the earldom was granted to him and his heirs male. This Shane thereby became disinherited, made war upon his father, took him and 1617. held him prisoner during his life, and slew his brother Matthew before his father died, 1560. In 1561 Shane came into England, made his submission to her Majesty, swore his future obedience, and was pardoned. Not many years after Shane rebelled. Sir Thomas Cusack was sent to him to persuade obedience, with promise he should be created Earl of Tirone, and all his father's lands be granted him. He scorned the title of Earl and all her other favours, continued in rebellion, and in the year 1567, being driven into great extremity, he put himself into the hands of the Scots, and was slain by Alexander Oge and McGillaspeck in revenge for the death of James McConnell, and Agnus McConnell, brothers to Alexander Oge formerly slain by him.

In 1563 Sir Thomas Cusack was sent by the Lord Deputy

and Council of Ireland to treat with Shane O'Neale. It was agreed that in the next Parliament to be summoned the letters patent granted to Con. O'Neall and Matthew, his son, should be annihilated and made void, and the title of Earl of Tirone he confirmed to him; but in the meantime he should enjoy the name of O'Neale, and after the Parliament relinquish the same and have the title and earldom of Tirone to him and his heirs males for ever.—Council Book in Ireland.

P. 216. O'Neale of Lenagh in the county of Tirone—Tirlogh Lenogh O'Neale had letters patent sent to him by Q. Elizabeth in the——year of her reign, A.D. to be Earl of Clanconell and Baron of Clogher, which he then despised. After, he prayed Sir John Perrot, Lord Deputy anno 1585, to procure him the said earldom and barony, but then he could not obtain them. He was knighted by Sir W. FitzWilliams 1588. He slew Brian, Baron of Dungannon, elder brother to Hugh, Earl of Tirone.

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Vol. 613, p. 1, 188. SIR RANDALL McDoNNELL's First Brief, 1617.

Proofs that the island of Rathlyn is parcel of the dominion of Ireland.

From the situation, because it lies within a league of the firm land of Ireland, seven leagues and more from the firm land of Scotland, and not so near to any of the isles that are of the Scottish dominion. And the law saith that mare or particula maris est de territorio illius regni cui magis appropinqt; and, again, maris partes ejus provinci aeonseamtur que proxima est. From the nature of the soil, which neither breeds nor nourishes any living thing venomous, but is as clear of them as Ireland, where the isles of the Scottish or English dominions in the same sea breed and nourish them, which was thought to be a proof that the Isle of Man was British, as appears by Giraldus, in Topograp. Hibernia distinct, in 2, chapter 15.

1617.

Teste apud, West-
mr., 10 April,
4 Hen. 3.

Teste apud, York, 16 Jan., 4 Hen. 3.

It appears by records, that at the beginning of the conquest of Ireland and since the English possessed it, as a part of that realm, granted it and had service done for it, it was inquired of according to the English law, became forfeited to the Crown, temporal jurisdiction was exercised in it, and spiritual, as within the Bishoprick of Connor. Also that in those times the isles were not of the Scottish dominions, but in the dominion of the Norwegians or Kings of the isles that were feodary to them. In 140 John the Bishop of Norwich, who was then the King of England's Justice in Ireland, did certify the King, that he had assigned for Allan Gallway, Insula de Rathlin and other lands, except certain Knights fees adjoining to the castle of Kilsanton, excepto ommi jure ecclesiastico, et omnibus illis que ad viros religiosos et ecclesiasticos pertinent. For assurance of this assignment, the King by his charter granted unto this Allan Gallway this island, by the name of the island of Rathrim, in pratis et pasturis et in aquis dulcibus et salsis, importubus et ripis, &c., and English liberties &c, infangethfet and utfangetheft. Wherein it is to be noted that this Allan Gallway was Constable of Scotland, and served King John with the license of the King of Scotland in the service in Ireland, as appears in Buchanan, liber 8, who cannot be pretended to be ignorant of the extent of the Scottish dominions, or willing to withdraw anything from it. The King sent his writ to Allan Gallwaye, and did thereby signify that the King and a great part of his Council should be at Yorke, where Alexander King of Scotland would also be present, about the affairs of the kingdom, and commanded Allan Gallway to be there, to do his homage and fealty for those lands amongst others. The King by his writ directed to the Justice of Ireland recites that Allan Gallway had done his fealty and did command to give him seizin of the land that King John had granted him, viz.: Inter alia Insulam de Rathrim in which the King's command is executed by his ministers of the realm of Ireland. That in this time it was not of the Scottish dominion, appears in Chron. Manniae, and Matthew Paris, fol. 745, and also by the charter dated 19 H.III, whereby the King calls Olanus, Rex Manniae et Insularum. In the 6th Edw. I., the King sends his writ to the Justice of Ireland to be certified of the extent, that is, the particulars and value of the lands that were one John Bissett's, who died seized of divers lands in Ireland as the writ recites, and commands that inquisition should be made thereof, by the oath of men of the parts of Ulster. And it is presented by the oath of twelve men, that John Bissett the day of his death held the island of Rachry, then of the value of 4l. 8s. 5d., and that the same was holden of the Earl of Ulster, who at the time might create a tenure of himself. And that John Bissett endowed his mother-in-law of two parts thereof, which proves

1617.

likewise that his father was seized of it. This inquisition was
taken by virtue of the King's writ and taken by oath of men of
that province of Ulster, and was taken in Cull, which is within
the county of Antrim.
In 12 Edw. II, the King granted unto John Athy those
lands and tenements which were Hugh Bissett's in Insula in
Rughrie in Hibernia, by express words, which were forfeited
to the King by adherence of Hugh Bissett to the King's enemies.
So for the space of 200 years and more this island was possessed
as a part of Ireland and all temporal jurisdiction was used
therein; and it cannot be said that in this time the same was
taken from the Scottish, for they then did not at that time
possess the isles.
From 12 Ed. II, until the year 1500, there has been nothing
shown on the one side or the other; but in that year there is
shown on the other part that James IV. granted the island
(which is mentioned to come to the King by the forfeiture
Johannes de Insula) unto Adam Reed. That in the year 1537
he died and seisin was commanded to be delivered to Barnard
Reade, his son and heir ; the like is done in 1571 to Adam the
son of Barnard, and after his decease the right thereof came
to his four daughters and co-heirs, whereof one part came to
Henry Steward of Barkesmyne, who, in 1585, contracted for
this island, and undertook for himself and the other co-heirs to
affirm it to Agnus McConell. After, in 6° James, those co-
heirs did make resignation to the King, who granted it to the
complainant.
Then it is to be noted, 1, that there is no proof that Johanes
de Insula ever had this island, or that Reed took any
profit of corn, cattle, or other things there; 2, those three
instruments of delivery of seisin were, one a precedent to the
other, one following the other in the same words; and the
contract of sale was for less than three score pounds English, of
the whole island, which is not much more than a year's value;
and the latter assurances were made by those that had only
a pretence of right, which is unlawful in the law of England,
and by the law De his qui potentioribus. But for further
answer, if those lands were of the dominion of the Crown of
England, in the hundred years after the conquest of Ireland,
it must be gained from it by sale, which is not pretended,
or taken from it by strong hand. If it were so, it must be
either by the subjects of Scotland, without being sent by the
King, or by his warrant; by the former they could not gain
any dominion by their entry into the island, but they do
instantly become of the allegiance of him in whose hands
or whom the isle was at their entry. If it had been gotten
by the force of the King, yet if the English did again recover
it, the same becomes of the same dominion it formerly was.
For further proof it is plain that in the time of Reed,
Alexander Cara possessed this island, and the Glynnes and
the great part of the firm land in Ireland, and after him, Alex-

1617.

4 James.

ander Oge possessed it with the Glynnes, and after him Cole
McDonell possessed it, and after Surley Boy possessed it,
and in 1585, when Henry Steward of Barskemyn contracted
with Agnus McConell, neither the said Barskemyn norAgnus
had possession or profit, unless it were while the said Agnus
detained Surley Boy as prisoner.
The title that McConell made to it and the Glynnes was
as heirs unto Bissett, and Sir Randall McDonell paid a rent
for his island unto Q. Elizabeth, and so did his father and
brother before him.
The late Queen did inflict punishment upon the inhabitants
as being robbers to the Crown; for in 18th Eliz. she sent an
army thither, under the conduct of Sir John Norris, who slew
and overthrew most of the said inhabitants, and maintained
a garrison of soldiers in the castle of that island; and her
forces did divers times burn, prey, and kill the said inhabitants
as rebels against her Crown, which she would not have done, if
this island had been piece of Scotland, there being then a
strong league of amity between his Majesty and the said
Queen. And doubtless his Majesty (if it had been reputed
part of Scotland) would have taken exceptions at the placing
of the garrison there, the killing of his subjects, and required
restitation thereof.—Cosmographers number this island among
the islands belonging to Ireland.

The territories of the Glynnes, of which the said island is part, being parcel of the province of Ulster, was by Act of Parliament, anno 11 Eliz, vested in the Crown of England, in which it is called the Baron Missett's land. The said Queen did amongst other lands pass the moiety of the said island unto Walter, Earl of Essex, &c., and it was after resumed unto her Majesty's hands for not performing certain conditions mentioned in the patent.

By an inquisition taken anno 1 Ja., before the Lord Chichester, now Ld. Treasurer of Ireland, and others, by virtue of a commission to them directed, it was found that Q. Eliz., by virtue of the said Act, anno 11, was seized of this island, and thereof died seized; and that his Majesty was seized in his demesne as offee of the said island, in the right of the Crown of England; and that Surley McDonnell, and his two sons, Sir James and Sir Randall, did successively take the profits thereof, as being half a tough of the Glynnes, in the county of Antrim, for the space of 20 years, next before the taking of the said inquisition; and, further, that the tithes of the said island did belong unto the Abbey of Bangor, in the Upper Clandeboye, in the county of Downe.

The said island was not since the 15th of Elizabeth disposed of by letters patent until his Majesty, after the said inquisition taken, passed the same unto Sir Randall Mc Donnell and his heirs, with remainders to divers of his kindred.

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