1617. Vol. 613, p. 5. Donnel's Second By another inquisition taken in the co. Antrim, before Commissioners appointed, it was found that Wm. O'Dorman, late Abbot of the Abbey of Bangor, was at the time of the suppression of the said abbey seized of the tithes of the island of Raghlin, which abbey was dissevered 33 Henry VIII.; and those tithes have been since granted unto Sir James Hamilton and his heirs, under the Great Seal of Ireland, and are accordingly enjoyed by him. Sir Randall McDonell and his elder brother Sir James being sundry times in Scotland, before his Majesty's reign of England, and himself divers time since, did never hear of any challenge or pretence of right made by any unto the said island, saving that at his Majesty's last being in Scotland, the complainant did then make his pretended title to the said island known unto him. Copy. Pp. 6. 189. A COLLECTION of such Reasons and Arguments together with sundry records proving that the island of Raghlin, Rathrim, or Raghery, in Ireland, now in the possession of Sir Randall McDonell, is parcel of Ireland, and no parcel of Scotland, as is supposed. (1.) The first reason as in brief 1. (2.) As in 1st brief. (3.) The 3rd reason is drawn from the jurisdiction, both spiritual and temporal used and exacted within this island of Rathlin. First, for the spiritual jurisdiction, it has always been within the diocese of Connor, a bishopric of Ireland, and subject to the visitation of the bishop thereof, for which the said bishop doth receive yearly a proxie of 20 shillings out of that island; whereas all the other islands which lie on the north-west coast of Scotland, are under the jurisdiction of the Bishop of the Isles, but in this island of Rathlin, the Bishop of the Isles had never any jurisdiction. For the temporal jurisdiction, this island is parcel of co. Antrim in Ulster, and the sheriff of that county has ever executed the King's writs there, and the inhabitants of that island have ever appeared and served at the assizes and general sessions holden at Knockfergus for that county, and upon their default have been fined. Neither did any of the inhabitants there to excuse their appearance, or to save their fines, ever allege that the island was part of Scotland, and no part of Ireland, which they would have done if they had conceived that it had been part of Scotland. And on the other side, this island was never reputed or claimed to be part of any sheriffdom, bailiwick, or stewardship in the kingdom of Scotland; neither did the temporal officers of Scotland use any jurisdiction there. (4.) The fourth reason is drawn from the long continuance of possession in the Crown of England, or in such held, or claimed this island from or under the Crown of England. 1617. 14 John, King. 17 John, King. Teste at Westmon: 4 H. 3, 18th April. Teste at York, 4 H. 3, June 16. 6 Ed. 1. Vol. 613, p. 9. 190. (5.) Same as in 1st brief. Hereafter ensue sundry copies of records remaining in his Majesty's Tower of London and elsewhere, which manifestly prove the said island to be part of the kingdom of Ireland. The Bishop of Norwich did signify unto King John that Allan Gallwaye had sent his uncle and other persons unto him, being then in Ireland, to receive the lands his Majesty had conferred upon him, and that he being then at Knockfergus, accompanied with divers knights and other persons of quality, did assign unto the said Allan Gallwaye divers lands with the isle of Rathlin, excepting all ecclesiastical rights, and such things as did appertain to the spiritual jurisdiction. King John did give, grant, and confirm the said lands, together with the island of Rathlin, in Ireland, unto Allan FitzRolland and his heirs. And King Henry III. did signify by his letter unto Allan Gallwaye, that one Hamo de Gallway did earnestly solicit him in his behalf to re-deliver unto him his lands, affirming that the said Allan, was ready to do homage for the said lands which his father, King John, had given unto him. thereupon K. Henry advertised the said Allan that he and a great part of his Council were to be in York, and his well beloved Alexander, King of Scotland, with a great part of his Council, to confer of certain affairs concerning both their kingdoms, and therefore commanded the said Allan that he should come thither to do his homage and fealty. Allan de Gallwaye did fealty unto K. Henry 3, for the said lands together with the island of Rathlin, and thereupon the King commanded his Justices of Ireland without delay to put him in full possession thereof. By virtue of a writ directed by King Edward I. to Robert Ufford, his Justice of Ireland, it was found, by an inquisition taken at Cull, in the province of Ulster, that John Bissett died seized of the island of Raghery, and did hold the same of Richard Burgo, son and heir of Walter Burgo. This inquisition being taken at Cull, in the county of Antrim, and found by a jury of that county, doth sufficiently prove the said island to be part of that county, and also the temporal jurisdiction there. CRAWFORD'S PRETENDED TITLE to the Island of the The island of Rauchlins, one of the Hebrides or Ebudes Insules, land in Mari Doucalidonio, hath been by the space of two or three hundred years possessed by the Clan Donald and * In Carew's hand, 1617. In Margin :- In anno 1500 King Adam Reade died Bernard Reade's son died seized of it in anno 157 Adam Reade, his son, died seized of it, about 1575. He left 4 daughters in minority. Henry Steward, in the right of his wife, the eldest daughter, claimed the island, anno 1585, in which Agnus McConnell took the same by a deed from the said Henry, and afterwards restored the said island to the above-named Henry. He was hindered of Uthile, Scots subjects, and now is acclaimed by George Crawford, of Lesnories, by virtue of these rights following, viz.: John Lord of the Isles, being in possession of the said island, and for his misdemeanor forfeited by K. James the Fourth, the said island by a lanes mane became a parcel of the Crown of Scotland through forfaltor. And as it did lamrie accrest to the Crown so was it lamrie disponit by King James the 3rd for good service to Adam Reade of Stourguerit, as is clear by our first seazinge in 1500. To this Adam his son Barnard is retourit heir and seazit in the said island, by virtue of a precept directed furthe of the Chancellary, as is clear by our seasauge in anno 1537. To Barnard's son Adam is retourit heir and seized by a precept forth of the Chancellary, as may appear by our seizing in anno 1571. And the said island having lyen in nonentrie four year before Barnard's son was seizit, the sheriff of Terbett has made compt in check of the nonentrie and release of anno 1571, as by an extract of books of responde of that date. That Adam Reade continues in possession of this island till his death, anno 1575 or thereby, and to him in the right of the said island his four daughters succeeded, their being no heirs males, left until about the 1580 year. And at that time Harry Steward of Barskymen having married the oldest, did acclaim the said island in the title of his wife from Agnus McConnell, violent possessor of the same, who fearing his Majesty's miscontentment for his violence and oppression, and being conscious to Barskymen's right, transacted with Barskymen for his right, as is clear by a mutual contract betwixt them, in anno 1585. By virtue of this right Agnus McConnell brinkes that island by the space of divers years and he being dispossessed of did repone the said Barskymen in these his own place again, who ceased not to do all that he possibly could for keeping his right and possession of the said island, but was impeded partly by the violence of Sir Randall, who had intruded himself there, and partly by a gift of the nonentrie of that island, granted in favour of the Earl of Ergile, and so to enteer his wife over to her father, and to transact with the rest of the sisters, and purchase their investements in anno 1606; and by their resignation he himself is infest by a new gift in anno 1606, as may appear by the daughters four seasing and charter under the Great Seal. And the said Harry having thus the full right of that island established in his person did deal with sundry of his friends to obtain his Majesty's favour for being re-possessed therein; and at last dispoint his title thereof to his nephew George Crainford, of Lisnories [who] now humbly petitions to his Majesty for the possession of the said island, as he has the best right and title to the same; which right and title competent to the lands of Barskymen was also established in their persons and in the person of Agnus McConnell having right from them by a possession and receiving of duties from the tenants of that island, as shall be sufficiently proven. Copy. Pp. 2. CRAWFORD'S SECOND BRIEF. That Raughlin is a part of the dominion of Ireland was thus proved by George Craford, plaintiff against Sir Randall Mc Donnell. (1.) Because it lies nearer to Ireland than to Scotland and hath no venomous beast in it. (2.) That which did at any time belong to Ireland must still be reputed to remain with it, except it appear that by conquest, marriage, or other treaty it was taken from it. But so it is, that in the days of K. John, Henry III., Edw. I., and Edw. II. Raghlin was of Ireland, which is thus proven : King John, by his charter, did grant the same to Allan of Galloway, who did homage for it to Henry III. By inquisition taken by virtue of writ of Edw. I. it appeareth that John Bissett and his father died west and seized of that island by the oath of men in Ulster and in Ireland. And, lastly, Edw. II. granted it to John Athy as forfeited to his Crown by Bissett's adherence to the King's enemies. (3.) The Glennes in Ireland were, the 11 Elizabeth, vested in the Crown of England by Act of Parliament. This isle is part of the Glennes. To this reason are considered the speeches of Sir John Bingley, Sir Fulk Conway, and the letters from Ireland bear that Sir Randall McDonnell and Surley Boy have paid rent for the Glennes. (4.) Elizabeth, anno 15, passed a part of this island to the Earl of Essex. (5.) It appears by missives and memorials produced that in her time, peace being between the Crowns of England and Scotland, the English did follow the Scots into this island, took the castle, killed the Scots who were in it, put garrison in the castle, as a place fit to repress the Scots, till they should know his Majesty's further pleasure. Nor does it ever appear that the King of Scotland shewed himself there with discontented. (6.) Since his Majesty's coming to the Crown of England, it appears by inquisition that the said island belongs to the Crown of England, the tithes thereof to Bangor in Ireland; and his Majesty has disposed the same to Sir Runall McDonnell by letters patent under the Great Seal of England. That Raughlin is a part of the dominion of Scotland is thus proven : (1.) All cosmographers account the Hebrides or Emonas insulas to belong to Scotland; like as all of them consider Raughlin to be one of same. 1617. (2.) That which did at any time within these six score years belong to the Crown of Scotland must still be reputed to remain with it, except it appear that by conquest, marriage, or other treaty it has been taken from it. Now Raughlin, anno 1500 and before, did belong to the Crown of Scotland, for James IV., finding that by the forltonie of John of the Isles, this island was come to his Crown, disponit, the same by charter under the Great Seal of Scotland to Adam Read, 1500, who, by a precept direct out of the Chancery, was seized eadem,* whose son Bearnard Read, anno 1551, by virtue of a writ direct to the sheriffdome of Tarbett, was served and retornit heir to his father in the said island as a 201. land of old extent, lying within the said sheriffdome of Tarbett. By which it was since found by the oaths of men of that shire, that the said Adam Reade died west and seisit in the said island. Like as thereafter, anno 1571, the said Barnard being dead, by the oaths of men as before, that the said Barnard died west and seized in the said island, and that the same is 201. land of old extent lying within the aforesaid sheriffdome of Tarbett. According to this verdict returned in the Chancery of Scotland, Adam as leeint heir to his father, Bernard by a precept out of the said Chancery was seized in the said island, and by reason the said land of Raughlin had been in nonentures for some years after the decease of the said Barnard, the sheriff of Tarbett made count, reckoning, and payment of the said rents of the same lands into his Majesty's Exchequer of Scotland. This last Adam Read dying last "west and seized" in the said island about the year 1594, left four daughters minors, and the lands lay in non-entry, possessed violently by the Clan Donald till anno 1585. Angus McDonnell did agree for it with Harry Stewart of Barskimmen, husband to the eldest sister, who afterwards being reponit by the said Angus, then dispossessed of the said island and taken by his son. And the said Harry being unable by a gift of nonentry of the said island, granted to the Earl of Argile by the possession of Sir Ronnald McDonnalle, and by the weakness of his own estate, to acquire the possession of the said island, after he had dealt with sundry of his friends for the re-possession thereof, has at last disponit his title and right thereof to his nephew George Crawford of Lochnores. Now it appears in A.D. 1500, and before the said island did belong to the Crown of Scotland; for ridiculous it had been for James IV. to have disponit that island to Read by forfaltoure of John of the Isle, if the said John had neither right nor possession of the same, nor can any show, if proof be made out of record or history, that any other but the said John and his predecessors for the space of about 200 years, pretending *Sic. In eadem. |