from the earl, being a great substance of his living;’ and this although O’Cahan had no right to the property except as his tenant at will, yielding and paying all such rents, dues, and reservations as the other tenants did.  He complained that at the council table in Dublin it was determined to take two-thirds of O’Cahan’s country from him; and he perceived by what Sir John Davis said, that they had determined to take the other third also.  They further made claim in his majesty’s behalf to four other parcels of the earl’s land, which he named, being the substance of all that was left, and began their suit for the same in the court of exchequer.  In fine he felt that he could not assure himself of anything by the letters patent he had from the king.  Whenever he had recourse to law his proceedings were frustrated by the government; so that he could not get the benefit of his majesty’s laws, or the possession of his lands; ’and yet any man, of what degree soever, obtained the extremity of the law with favour against him, in any suit.’  Although the king had allowed him to be lieutenant of his country, yet he had no more command there than his boy; the worst man that belonged to the sheriff could command more than he, and that even in the earl’s own house.  If they wanted to arrest any one in the house they would not wait till he came out, but burst open the doors, and ’never do the earl so much honour in any respect as once to acquaint him therewith, or to send to himself for the party, though he had been within the house when they would attempt these things; and if any of the earl’s officers would by his direction order or execute any matter betwixt his own tenants, with their own mutual consent, they would be driven not only to restore the same again, but also be first amerced by the sheriff, and after indicated as felons, and so brought to trial for their lives for the same; so as the earl in the end could scarce get any of his servants that would undertake to levy his rents.’  According to law the sheriff should be a resident in the county, have property there, and be elected by the nobility and chief gentlemen belonging to it; but the law was set aside by the lord deputy, who appointed as sheriffs for the counties Tyrone and Armagh Captain Edmund Leigh and one Marmaduke Whitechurch, dwelling in the county of Louth, both being retainers, and very dear friends to the Knight-marshal Bagenal, who was the only man that urged the earl to his last troubles.  Of all these things ’the earl did eftsoons complain to the lord deputy, and could get no redress, but did rather fare the worse for his complaints, in respect they were so little regarded.’

[Footnote 1:  Page 192.]