Ulster Roll of Gaol Delivery, 1613-1618 (pt 2)

Amongst the ancient Records of the Court of Exchequer which are deposited in the Exchequer Record Office, at the Four Courts in Dublin there is to be found a Roll, by which it appears that, between the years 1613 and 1618, the Justices of Assize and Gaol Delivery proceeded to try the criminals who were then confined in the gaols within the province of Ulster. By this Record, which consists of 100 membranes of parchment, and which is written in contracted Latin, we are informed of the names of the jury appearing upon the Inquests, of the names of the delinquents and the crimes of which they were accused, of their acquittal or otherwise, and of the sentences which were pronounced by the Judges; but of the more interesting particulars of those proceedings, such as the examination of witnesses, the address of counsel, and the charge of the Judge, this document is entirely silent. Incomplete, however, as it is, we cannot but gather from it much insight into the sad state of society in Ulster at the period of time to which it relates, as well as the severity of the Executive in its desire to carry forward the then favourite scheme of the "New Plantation" in that province.

JAMES F. FERGUSON.

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No 2.

County Antrym. -- An Inquisition taken at the castle of Carregfergus before the same Judges on the 8th of March, 10. James 1. (1613) by the following Jury :

Brian Boy McCauly of the Glins, gent.

Colloghe Moiller McHughe Multicollen of the same, gent.

Gilbert McPetrishe of Carnglasse, gent.

Edmund McDonnell of Donagurr, gent.

Shane McEdmond grome O'Quinn, gent.

Rory M'Hughe O'Harae of Largee, gent.

Murtaghe O'Hara of the Brade, gent.

Art Ballagh O'Hara of Meghboy, gent.

Roory O'Murry of Calliaghian, gent.

John Shaw of Ballikelly, gent.

Hugh Magy of Iland Magee, gent.

William Dure of Glinarme, gent.

William Boyll of Donluce, gent.

Donel McCloster of Larne, gent.

Donel grome McNell of Brade, gent.

Andrew Hatton of Glinarme, gent.

Who say that Richard McEvagh late of Munomer, yeoman, on the 3rd of November 1613, at the fields of Tullee, stole a chestnut-coloured mare worth £5, the property of Brian O'Mullchallen. -- Not guilty.

That Henry McNealle boy O'Mullchallen of the lands of Crelagh, yeoman, and Brian McNeale boy O'Mullchallen of the same, yeoman, on the 10th of December 1613, at Lielte, stole 12 sows price 6d each, the property of Henry Magye. -- Not guilty.

That said Henry and Brian on the 28th November 1613, at Lyelte, stole two mares worth £4 each, and a colt worth £4, the property of said Henry Magy. -- Not guilty.

That Teige O'Brine, of Lisnetudor, County Down, yeoman, on the 3d of August 1613, at Lisnegarvae, stole a horse worth £5, belonging to John Dobb. – Guilty. -- The sentence is that the gaoler shall take him back to prison and strike off his fetters, and that he be thence led through the middle of the town of Carregfargus to the gallows, and there hung by the neck until he is dead.

That Manus O’Chane McDonnogh McMorris, of Root, yeoman, on the last day of December 1613, at Ballemoney, “vi et armis &c. in quandam Rose ny McQuyllyn spinster tune et ibidem in pace Dei et dicti domini Regis existentem insultum fecit ac tune et ibidem eandem Rose contra voluntatem felonice rapuit &c. Et postea, scilicet" 1st February, at same place, said Rose ny McQuyllyn received three of his cows to conceal said felony. -- Both acquitted.

That Patrick Poyne McGrehan, of Killagh, yeoman, on the 10th of December 1613, at Lilke stole 12 pigs the property of Henry McGee, price 6d each. -- Acquitted.

That Gillaspicke McGilpatricke and Gillpatrick McAlexander, of Dunluce, yeomen, on the 1st of November 1613, at Glanarrae, levied open war against the King and his lieges, and at Moylone Shane Omony, of Oldstone, Donnell O'Brenan and Collough Moder McCormock O'Mulchallen of the same, supplied them with meat, drink, and other necessarries. -- Acquitted.

That Abra Loe of Mounterenede, gentleman, and Neale McHugh McMurtagh O'Neale, of Fragh, gentleman, on the 26th December, 1613, at Mountereneddee, insulted Brian boy McRedmond O'Chane with a dagger (pugione) worth 2s. which Abra held in his right hand, and that said Neale with a knife (cultro) worth 6d., struck him on the left side of his face, between the left eye and his ear, giving him a mortal wound of an inch in breadth, and six inches deep, of which he then and there instantly died. -- Guilty. -- The sentence is the same as that above given in the case of Teige O'Birne.

That William Cowen, of Castlenorten, yeoman, on the 13th November, 1613, at Antrym, stole two yards of linen, called Karsene, worth 4s each yard, the goods of William Nocke. -- Acquitted.

That Brian McGilleduffe McHughe, of Port Rushe, gent., and Phelim McHughe, of the same, yeoman, on the 25th November, 1613, in the fields of Maghrimore, stole a black mare, worth £5, the property of Owen O'Haghie. -- Acquitted.

That Edmond o'wise Adam Magye, of Iland Magye, yeoman, on the 10th February, 1613, between 10 and 11 o'clock at night, burglariously broke into the mansion house of Thomas Lock, at Brad Island, and stole a coat (vestimentum) and other things worth £3, and beat and wounded him with a sword. -- Guilty.

Sentence of death pronounced as in the two former cases. But in the same cession he says that "he is a clerk and prays the benefit of clergy;" upon which comes Samuel Todd, minister of the reverend father in Christ, Robert, Bishop of Connor, the Ordinary of that place, constituted in the said Bishop's stead to challenge, seek for, and receive, clerks accused of any crime, and the book being handed to him by the Court he reads, that the clerk and the said minister seeks that the said Edmund, otherwise Adam, should be delivered up to the Ordinary. Therefore it is considered by the Court that the said Edmund should be branded, (cauterizatur) in his left hand according to the form of the statute.

That Rowry McHughe McGill, of Batroder, yeoman, and Reelin Boy McCurly, of the same, yeoman, on the 26th of October, in 1613, in the fields there, stole a brown horse, worth £7, belonging to Alexander Clare. -- Guilty.

To be executed. That Art McHugh, of Syconway, gent. on the 4th October, 1613, at Inchcloughandowne, broke into the stable of George Hunter, and stole his gelding, worth £6 10s. – Acquitted.

That Neale boy Roe McConnell, of Root, yeoman, on the 14th February, 1613, at Root, stole two heifers worth 13s 4d each, the property of Alexander McCaye. -- Guilty. -- To be executed.

That Brian O'Heuran, of Donaneny, yeoman, on the 10th November, 1613, stole a roan-coloured colt worth £6, the property of Sir Randell McDonnell, Knight, and that he was abetted by Manus Roe Magye, of Carrigfergus, yeoman. -- Neither verdict given nor sentence pronounced.

That Murtagh McColville, of Moyalle, County Tyrone, yeoman, on the 1st March, 1612, at Balligeat, County Antrim, stole a mare worth £5, the property of Hugh Oge O'Mulchallen. -- Acquitted.

That Donnell Grome McAlexander, of Downenenye, yeoman, on the 13th of December, 1605, at Knocklade, insulted Lawrence McKirckpatrick, of Knockfergus, merchant, and with a sword worth 5s. which he held in his right hand, he struck him on the right side, giving him a mortal wound of three inches broad and five inches deep, of which he immediately died. -- Guilty. -- To be executed, "ac semi mortuus ad terram prosternatum ac interiora &c," as in a former case above set forth.

That Gillaspicke McGilpatrick, and Gillaspicke McAllexander of Dunluce yeomen, on the 1st November, 1613, at Glenarra, waged open war by murdering and spoiling the Kings liege people. -- Guilty. -- Sentence as in the last mentioned case.

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No. 3.

County Cavan. -- A Gaol delivery at Cavan on the 30th of March, 11. James I. (1614,) before Sir Francis Aungier, Knight, Master of the Rolls, appointed by Commission dated the 21st March, 1613, to deliver the gaol &c., in the said county, before the following jurors.

John Taylor, Esq.,

Walter Talbott, Esq.,

Claud Hamilton, Esq.,

Richard Dowdall,

William Leyton,

Richard Worrall,

William Herridan,

Maurice McTully,

Caher McShan O'Reyly,

Owen boy O'Reyly,

Philip McRrien brock O'Reyly,

Shane McHugh O'Reyly,

Hugh Roe McShan O'Reyly,

Tirlagh boy O'Reyly,

Tirlagh McEdmond O'Reyly.

Who say that Melaghlin Boy O'Gown, of Laghrawre, and Cale McTeig boy Brady, yeomen, on the 20th of August, 1613, with other traitors, at Lowgrawre, levied war, and that Patrick Molue, Cale Duffe Olynsey, and Shane McPatrick McCale duffe Olynsey, yeomen, abetted them. The said Patrick pleads not guilty, which the Attorney-General, John Walker, Esq., denies. The Jury find him guilty. The sentence is that he be led back to prison, his fetters taken oflf, that he be then led to the place of execution and hung until he be dead, "et ipse semivente ad terram prosternato et membra," &c., as in foregoing cases is mentioned, with this addition, "that his head should be cut off," before his body was divided into four parts.

That Melaghlin boy MGowne, of Killichuan yeoman, on the 15th December, 1613, rebelled, and that Gillise Dowdie supplied him with meat and drink. -- Judgment not given.

That Phelym McBrene Barren O'Connally, and Patrick McArt McThomas, of Dartry, county Monaghan, yeomen, on the 30th June, 1610, at Dronecasshell, county Cavan, stole 4 mares worth 40s. each, the property of Phelem McCahill. -- No judgment entered.

That Hugh McDonogh oge McMahon, of Liskenan, yeoman, with other traitors, on the 20th January, 1613, levied open war, and Philip Lea McMahon, Hugh McGilpatrick oge McMahon and Alexander McDonill aided him. -- Acquitted.

That Walter McCartan, of Artelogh, yeoman, on the 20th May, 1608, at Ballegowne, stole a horse worth 40s., belonging to Edmund Olinche. -- Acquitted.

That Nice O’Daly, of Newcastle, County Meath, and Murtagh Duffe, of same, husbandmen, on the 18th July, 1610, at Dromharny, County Cavan, stole a horse worth 40s. the property of Cahir boy O'Reyly, of Dromharny. -- Acquitted.

That Edmund Keogh McMurry, of Dubally, yeoman, with other traitors, levied open war. -- Acquitted.

That Patrick boy McMalon, of Drohillagh, yeoman, on the 27th of December, 1611 "in quandam Johanam ny Clery spinster virginem etatis quatuor decem annorum adtunc &c. contra voluntatem suam felonice rapuit &c." -- Acquitted.

That Tirlagh garrowe O'Gowne, of Clary, yeoman, on the 2d May, 1613, levied war, and was relieved by Edmund McFardorogh O'Rely. -- Acquitted.

That Patrick McShane McHugh McManus Melaghlin Boye O'Gowne, and Cale McTeige liegh Brady, of Annaghlee, yeomen, on the 10th January 1613, levied war, and were relieved by Cahire Boye McBrian McDonell O'Rely, and Chale McFardorogh McCale O'Rely. [Record defaced here.] Similar finding as to Patrick McShane McHugh McManus and Cale McShane Moyle Brady. -- Acquitted.

Like as to Melaghlin O'Gowne, of Killechrian, yeoman. Muragh McShane McTirlagh Brady, Owen McBrian McPhilip Oge O'Rely, and Cormuck McCahall. -- Acquitted.

That Mulmore McPhilip oge O'Realy, of Colgan, and Thomas McTeige oge Offarrell, of Rue, Co. Longford, gentlemen, on the 17th November, 1613, at Dromhillagh, stole two horses worth £ each, the property of Owen McCabee, yeoman. -- Acquitted.

That Brene Offarrall, and Shane O'Realy, of Turchor, yeomen, on the 7th December, 1613, stole at Turchor, 15 pigs price 2s each, the property of Mulmore McConehor O'Rely, and were aided by Owen boy O'[               ] Patrick, Edmund, and Shane Olinche, of Croffegan, yeomen. -- Said Brian is found guilty and sentenced to be executed at the gallows in Cavan.

To be continued...

The above article is reproduced from the Ulster Journal of Archaeology, vol. 1, 1853.