Whether they did so or not has never been satisfactorily decided. The evidence on the whole goes to prove that they did not. The air, however, was thick just then with plots, and in 1607, a mysterious and anonymous document, of which Lord Howth was reported to be the author, was found in the Dublin Council Chamber, which hinted darkly at conspiracies and perils of various kinds to the State, in which conspiracies Tyrone, it was equally darkly hinted, was in some manner or other involved.
It was rather a poor plot, still it served its turn. Tyrone received warning from his friends abroad that he was about to be arrested, and so serious was the peril deemed that a vessel was specially sent by them to bring him away in safety. He at once communicated with Tyrconnel, and after a short consultation the two Earls with their families resolved to take advantage of the opportunity and depart at once. This at the time, and indeed generally, has been construed into a proof of their guilt. It may have been so, but, on the other hand, it may just as well not have been. Had their innocence been purer than alabaster or whiter than the driven snow they were probably well advised under existing circumstances in not remaining to take their trial.
Right or wrong, with good reason or without good reason, they went, and after various wanderings reached Rome, where they were received with no little honour. Neither, however, long survived their exile. Tyrconnel died the following year, and Tyrone some eight years later, a sad, blind, broken-hearted man.
Nothing could have been more convenient for the Government than this departure. Under the circumstances, it meant, of course, a forfeiture of all their estates. Had the extent of territory which personally belonged to the two exiles alone been confiscated, the proceeding, no doubt, would have been perfectly legitimate. Whatever had led to it, the fact of their flight and consequent renouncement of allegiance was undeniable, and the loss of their estates followed almost as a matter of course. A far more sweeping measure than this, however, was resolved upon. The lawyers, under the direction of the Dublin Government, so contrived matters as to make the area forfeited by the two earls cover no less a space than six entire counties, all of which were escheated to the Crown, regardless of the rights of a vast number of smaller tenants and sub-proprietors against whom no plea of rebellion, recently at all events could be urged; a piece of injustice destined, as will be seen, to bear tragic fruit a generation later.