Chancery Depositions 1675

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This whole case seems to revolve around Hugh Murray O’Devin and certain dealings he had. He had a brother called Tarlagh oge O’Devine (aged 60 in 1675) and a son called Laughlin O’Devine (aged 40 in 1675). In about 1625-1639, he was of Convey in Co. Tyrone, though one deponent also said he lived in Munterlony in about 1639. 

Hugh Murray O’Devine was agent to Sir William Hamilton, and keeper of the Dunnamanagh Castle (Donemana). Prior to the rebellion of 1641, he was of good repute and as good credit “as any Irishman in Co. Tyrone”. According to his brother Tarlagh, he was worth about £44 per year from rent, and had about £200 in other goods.

Sir Phelim O’Neill gave Hugh Murray O’Devin a commission as captain in the Irish Army and granted him command of the “fort of Dunemanagh, late possessed by Sir William Hamilton” (see Calendar of State Papers).  John Nesbitt (aged 85 in 1675) referred to O’Devin as a “bludey ryball”. He was taken a prisoner and carried to Londonderry. Later he was exchanged for a Lieut. Robert Houston who was an officer in the English army being held by the Irish. O’Devin died in 1643 or 1647 in the province of Leinster, apparently much impoverished by then. 

As agent to Sir William Hamilton, Hugh Murray O’Devine had accumulated three years’ rents by 1639. Sir William sent James McNamee with instructions ordering Hugh to invest £800 of this money on his behalf in Glasgow. Hugh duly gave £400 to Sir William Stewart, and £400 to John Cunningham of Londonderry.

The latter investment was carried out with a bond executed on the 9th December 1639 at the house of Henry Osborne of Londonderry (merchant). The money was invested with the said John Cunningham of Londonderry (merchant), John Ewing (or Young) of Letterkenny, Edward Torlton (aka Tarleton etc), and John Cairnes of Knockmaney (gent).

The witnesses appear to have been James Maitlin, Lancelot Carleton, James McNamee, Donald McShaw, Ever McShane and/or Owen O’Gallancher. Apart from James McNamee of Strabane (yeoman, aged 50 in 1675), the other witnesses seem to have been unknown or deceased by 1675. Hence many of the deponents were asked about their knowledge of the bond, and whether they recognised the signatures and handwriting.

Hugh gave the bond to Sir William Hamilton who later demanded that John Cunningham pay the outstanding debt.  Cunningham argued that the debt was due to Hugh Murray O’Devine who was a rebel, and presumably he therefore felt exonerated. Hamilton then sued Cunningham and the others for the debt, just before the outbreak of the 1641 rebellion. On their way back from defending the case in Dublin, John Cunningham and John Ewing were taken prisoners by a party under the command of Bryan McArt oge O’Neill.

In 1662, John Cunningham apparently told John Haire of Liscable that he still owed £400 to Hugh Murray O’Devine, but the latter was a rebel. Meanwhile, the debt of £400 was bequeathed by Sir William Hamilton to Archibald Hamilton, the plaintiff.

Hugh Murray O’Devin’s son Laughlin said that David Cairnes had tried to persuade him to administer the goods of his later father. This was because Cairnes wanted to purchase the £400 bond due by John Cunningham to O’Devin for £30.

According to Lawlor’s History of the Family of Cairnes or Cairns (1906), Alexander Cairnes came over to County Donegal between 1609 and 1611. He had three sons (John, Robert and David) and one daughter (Mary), and probably died in about 1635. 

By 1639, John Cairnes was in possession of the manor of Cecil or Parsonstown, and in 1640 he purchased the manor of Killyfaddy from Sir Richard Cope. This included the townlands Killyfaddy, Carntalmore, Carntalbeg, Milltown, Aughendrimon, Fogart, Greyroyle, Corboe, Upper Lislea, Lower Lislea, Tulnadowney, Altenorva, Kilnahussogue, Mullans, Dunmore, and Killany.

John Cairnes was one of the parties in the bond of 1639. He is often referred to as of Parsonstown, but apparently he styled himself of Knockmaney. One deponent described him as being of low stature with brown hair.

By his first wife he had two sons (William and John) and two daughters. By his second wife he had two sons (Robert and David) and two daughters. One of the witnesses refers to “Martha and John Carnes of Parsonstown”, so presumably that was his second wife’s name.

John Cairnes died in 1651 or 1652 and his brother-in-law William Ley (aged 46 in 1675) was one of his executors. The other executors were Lieut. David Stewart and John Bratton.

He died possessed of the lands of Killyfaddy and other lands amounting to 1000 acres, with a corn mill worth £100. His lands included certain Bishop’s lands which were mortgaged at one time or another to the father of Robert Hamilton of Carrowbeg. The estate was said to be worth £150 per annum.

At the time of John Cairnes’ death, £335 of the estate’s purchase money was still due to a Mr. Elcock or Edkins and his heirs. A debt of £14 or £15 was also due to ___ Damphford, and £100 to a Mr. Allan.

He left the bawn of Killyfaddy and 8 adjacent townlands to his son William. Robert died sometime after his father’s death and his portion also went to William. David inherited the lands of Tullglush which he alienated to one John Hervey for £80. He also mortgaged Glencoyle to Henry West for about £60.

William Cairnes alienated his entire estate including lands of Killyfaddy, Aghentreeman, Carntalmor, Carntalbeg in a deed to Robert Blair (aka Blare), in consideration of a marriage between Cairnes and one of Blair’s daughters.

By letter of attorney, Robert Blair granted livery and seizin of the Killyfaddy estate to James Moore of Aghentean (as agent?). Moore said that he had heard William Cairnes complain about being much incumbered by his late father’s debts.

In about 1672/3, William Cairnes sent £7 to be paid to Mr. Edkins, presumably as part payment of the money owed by his father. Edkins replied that if he was not paid more money sooner he had a good right and interest to the lands of John Cairnes deceased and that he would distrain the lands for the money owed.

Alexander Cunningham (aka Conyngham) and Helen his wife were the administrators to the late John Conyngham of Londonderry (merchant), who was the main recipient of the £400 investment in 1639. In his right they were possessed of the 4 quarters of Convey (aka Coneye, Convell, Conwall, Conwai, etc) and 4 quarters of Tully (aka Swilly, Tullywer, Tullyfarna, etc). Alexander and Helen paid for John Cunningham’s funeral expenses and various other small debts. 

A judgement for £160 was obtained in the King’s Bench against John Conyngham’s estate by Arthur Lening, Paul Benson and Elizabeth his wife, executors of Arthur Lening senior. A writ for judgement (dated 27thMay 1669) was subsequently executed to the then Sheriff of Co. Donegal, John Nesbit (aged 55 in 1675). He valued the lands of Convey and Tully at £192, and they were then sold to John Cunningham (one of the defendants). £160 of this money was paid to the executors of Arthur Lening, and £6 to the Sheriff as his fee.

Sir William Hamilton bequeathed to Archibald Hamilton the bond due by John Cunningham and others. Archibald (aged 23 in 1675) was said to have older brothers called James, William and Claud.

Archibald was also the administrator of the goods of Hugh Murray O’Devin. This presumably gave him two angles with which to pursue the money owed from the 1639 bond: as heir (son?) of Sir William Hamilton who for whom the original bond was supposed to have been executed in trust, and as administrator to estate of O’Devin to whom the bond was made out.

Archibald was evidently pursuing the defendants as heirs and beneficiaries of that original bond of 1639. Alexander and Helen Cunningham, were administrators of the original John Cunningham of Londonderry, and therefore responsible for his debts. William and David Cairnes were heirs of their father John, party to the original bond.

Of the other defendants, John Cunningham is the man who bought Convey and Tully, though it is not clear why he would be liable. He may also have been an heir of the original John Cunningham. It is possible Convey was part of Hugh Murray O’Devin’s lands, given that was his address prior to 1641.

Prudence Benson barely gets a mention in the depositions, but it is likely she was another Cunningham heir.

Patrick Hamilton, merchant, James Fleming, gent., Commissioners on behalf of Archibald Hamilton, Plaintiff, versus Robert Wrey, gent, and John Nesbit, Esq., Commissioners on behalf of William Cairnes, David Cairnes, Alexander Cunningham and Hellen his wife, John Cunningham, and Prudence Benson, Defendants. The said Archibald Hamilton being administrator of the goods of High Murray O’Devin, deceased. Dated at King’s Court 12 Feb., 27 Chas. II.

Interrogations in a Cause at Exchequer: Archibald Hamilton v. Wm Cairnes, David Cairnes, Alex Cunningham, Hellen his wife, John Cunningham, and Prudence Benson, on behalf of the plaintiff.

- Did you know John Cunningham heretofore of Londonderry, merchant, John Ewing of Letterkenny, merchant, John Kairnes of Parsonstown, co. Tyrone, gent, and Lancelot Carleton and Edward Torleton and Hugh Murray O’Devin, all since deceased?

- Was the bond which was presented to you at the time of your examination dated in Dec. 1639 and is for a penalty of £800.

- Did you go with the said Hugh Murry O’Devin on 9 Dec 1639 from his house at Londonderry and did you see Hugh pay any money to John Cunningham deceased?

- When did Hugh Murry O’Devin die?

- What estate did the said John Cunningham, merchant, die seized of; to whom did the same descend; what was his personal estate, and what value has come to the hands of the defendants John Cunningham, Prudence Benson, Alex Cunningham and Hellen his wife?

- What estate did the said John Ewing die possessed of, who was his heir, and what part thereof came to the hands of defendant Alex. Cunningham?

- What estate did the said John Cairnes die possessed of, to whom did same descend, who is his heir, and what part thereof came to the hands of William Cairnes and David Cairnes the defendants?

- Do you know the 4 quarters of land of Conwia [?] and 4 quarters of Tullfarna [?], co. Donegall, and what value therein had the said Alex. Cunningham, Hellen his wife, and Prudence Benson when the same was disposed of for a debt due to one Arthur Lening*?

[*Prerog will of Arthur Lenning of Downabrasalagh, co. Donegal, gent 1662.]

- Was there a debt due from said John Cunningham deceased to said Arthur Lenning?

Dated 17 Dec 1674. [signed] Godwin Swift.

 Interrogations on behalf of Alex Cunningham and Hellen his wife, 2 of the defendants.

- Did you know John Cunningham and Hugh Murry O’Devin, deceased.

- Do you know what sum was expended by said Alex Cunningham and Helen his wife as administrators of John Cunningham deceased; what debts did said administrators pay for said deceased, and what was the bond executed by Jon Cunningham deceased to defendant Alexander Cunningham.

Interrogations on behalf of John Cunningham and Prudence Benson, two of the defendants.

- Did you know John Cunningham and Hugh Murry O’Devin deceased?

- Are now Alex Cunningham and Hellen his wife, administrators of John Cunningham deceased, and in consequence are possessed of 4 quarters of land of Conwell and 4 quarters of lands of Tullyfarna; and was not a judgement of £160 with 45/6 costs obtained in the King’s Bench by Arthur Lening, Paul Benson and Elizabeth his wife, the executors of Arthur Lening the elder, deceased, against said Alex Cunningham and his wife Hellen as administrators of John Cunningham, deceased and was not a writ of fiere facias directed [for judgement] to the sheriff of co. Donegal on 24 May 20 Chas II and upon inquisition it was found said lands of Conwell and Tullyhanna were valued at £192 as being lands of John Cunningham deceased.

Dated 17 Dec 1674. [signed] David Cairnes [a fine autograph]

Interrogations on behalf of Wm Cairnes and David Cairnes, two of the defendants.

- Who was the father of Defendants and where did he live in 1639?

- When did the father of Defendants die; when did he make his will; what did he leave to his children, and have any of his children died since then, and who are his heirs?

- Did the heirs alienate any of his property, if so to whom?

- Who was Hugh Murry O’Devin of Coney, co. Tyrone, what was his estate in 1639, and when did he die?

Interrogations on behalf of Archibald Hamilton, Plaintiff

- Did you know Hugh Murry O’Devin in co. Tyrone in 1639 when did he live there; what was his estate; where was he in the time of the late Rebellion; and in whose service was he then employed?

- What is the age of Archibald Hamilton the plaintiff; what relation is he to the said Hugh Murry O’Devin; how did the latter become indebted to him, and had not Archibald Hamilton divers other elder brother yet alive?

- What was the bond executed by John Cunningham of Londonderry, merchant, deceased, and others to Hugh, what was the date and amount of it, and who were the parties and witnesses to it?

- Was not a bond of £800 penally made by John Cunningham, John Ewing, John Kearnes and others to Hugh Murry O’Devin in 1639.

[signed] W/M [?] Chamberlain 

Depositions at Strabane, co. Tyrone, 7 April 27 Charles II [1675] on behalf of Archibald Hamilton, plaintiff, v. Wm Cairnes, David Cairnes, Alex. Cunningham, Hellen his wife, John Cunningham, and Prudence Bensan, defendants, under commission directed out of the Court of Exchequer, Dublin, directed to Patrick Hamilton, merchant, James Fleming, gent, Commissionaires on behalf of plaintiff, and to Robert Wrey, gent., and John Nesbit, Esq., Commissionaires on behalf of defendants.

James McNamee of Strabane, yeoman, aged 50. Knows Alex Cunningham and Prudence Bensan. Knew John Cunningham of Londonderry, merchant, John Yeueing [? Ewing/Young?] of Letterkenny, merchant, John Kernes of Parsonstown, gent, Lanslett [Lancelot] Carleton, gent, Edward Torletan, and Hugh Murry O’Devin. About 2 or 3 years before the Rebellion [of 1641] this deponent was with Hugh Murry O’Devin in the house of Henry Oseburne [Osborne] of Londonderry, merchant, and saw Hugh pay to John Cunningham the sum of £200, and saw a bond. This deponent was servant to Sir William Hamilton and brought letters for the latter out of Scotland to Hugh Murry O’Devin (who was agent for Sir Wm Hamilton) ordering Hugh to invest £800 of Sir Wm Hamilton’s money, whereof was paid to Sir William Stewart £400, and to John Cunningham £400.

Tarlagh oge O’Devin, aged 60, knows plaintiff Archibald Hamilton, knew John Cunningham of Londonderry, Edward Torltan, gent, and Hugh Murry O’Devin. Was not present when the bond of 9 Dec 1639 was executed, but swears to the writing of Edward Torlton, and also to the signature of James Matlen [? Maitlin?] one of the witnesses. Saw Hugh Murry O’Devin pay John Cunningham £200 in the presence of Edward Torlton and James Moitelen. This deponent was a scholar in Derry school at the time. Hugh Murry O’Devin died in 1643. John Carnes deceased had lands about Knockmany, co. Tyrone. The £200 paid to John Cunningham was in full satisfaction of £400 handed over by Hugh to John Cunningham.

John Fleminge of Newtowne Cuningham, gent, aged 60. Knows all the parties. Knew John Cunningham of Londonderry, merchant, John Carnes of Parsonstown, Edward Torleton and Hugh Murry O’Devin. Did not know Lanslet Kerltan [Lancelot Carleton]. Has heard that James Maitlen one of the witnesses is dead. Swears to the handwriting of John Cairnes and John Cunningham, and to the signature of James Maitelen. This deponent was desired by Sir William Hamilton to speak to John Cunningham of Londonderry, merchant, to pay to Sir Wm Hamilton a debt due to him by John Cunningham, and the latter said he did now owe Sir Wm any debt, and further that Hugh Murry O’Devin to whom the debt was due was a rebel and active in the Rebellion.

Cohonaght McRorey of Laneymore, yeoman, aged 65. Knows the plaintiff but does not know defendants. Knew John Cunningham of Londonderry, merchant, John Yeunge of Letterkenny, Martha and John Carnes of Parsonstown, Edward Torltan, and Hugh Murry O’Devin; but did not know Lanslett Carleton. Did not see the bond signed. Swears to the signatures of John Carnes, James Matlen and Robert Paterson the witnesses, having known John Carnes at several courts before and after the Rebellion in Ireland. John Carnes died seized of the lands of Killyfadda, Aghatowne, Carrentell mor, Carentall beg, Forgerth, Feynesker, Altnorivo, Tulleylarrogg or Killeylanoff and other lands amounting to 1000 acres with a corn mill worth £100, which property descended to John’s sons and daughters. There was three years rent of Sir William Hamilton’s estate in the hands of Hugh Murry O’Devin which former desired Hugh to invest for him in Glasgow in North Britain, and that Hugh invested £400 of same with the said John Cunningham, John Yewinge, and Edward Tarleton about 2 years before the rebellion, and this deponent saw Hugh give Sir Wm Hamilton the bond for same and Sir Wm sued Cunningham and the others for the debt in Dublin. On the return of John Cunningham and John Yeuinge from defending the said suit in Dublin in Michaelmas term before the war they were taken prisoners by a party under the command of Bryan McArt oge O’Neall and detained.

Robert Hamilton of Carrowbeg, aged 50. Knows plaintiff and William Cairnes, David Cairnes, and Prudence Benson, three of the defendants. Knew John Cunningham of Derry, merchant, and John Cairnes of Parsonstown, but did not know the others. Did not see the bond executed, and doth not know if the witnesses are dead. Swears to the writing of John Carnes. Believes John Cunningham died seized of Bishop’s lands but does not know to what value, but knows that the lease of same was mortgaged by John Cunningham to the father of this deponent. John Carnes died seized of an estate worth £150 per annum and the same descended by his will to his wife and children. This deponent was in Derry about 1652 and so heard all about John Carnes devine [?].

John Haire of Liscable, gent, aged 64. Knows plaintiff and William Carnes, John Cunningham, David Carnes, and Prudence Bensen, defendants. Knew John Cunningham of Derry, merchant, Edward Torltan, John Yewinge, John Cairnes, and Hugh Murry O’Devin. Did not see the bond executed. Believes the witnesses are dead. Swears to the signatures of John Cunningham and Edward Torltan. Says that John Cunningham told this deponent in 1662 that he, John, owed Hugh Murry O’Devin £400 but that Hugh was a rebel.

Laughlin O’Devine of Aghileane, gent, aged 40. Knows Wm and David Carnes and John Cunningham, three of the defendants. Knew John Carnes of Parsonstown and Hugh Murry O’Devin and that Hugh died in 1643. David Carnes one of the defendants had often solicited this deponent to administer the goods of his father Hugh Murry O’Devin, deceased, particularly on account of a bond granted by John Cunningham to deponent’s said father and David did offer £30 to this deponent to give up said bond to him.

John Hamill of Strabane, gent, aged 65. Knows plaintiff and William and David Carnes, John Cunningham and Alex. Cunningham, defendants. Knew John Cunningham of Derry and John Yewinge of Letterkenny, merchant, John Carnes of Parsonstown, Edward Torleton and Hugh Murry O’Devin. Swears to the writing of John Carnes and Edward Torlton.

Depositions at Strabane 7 April 27 Chas II [1675] on behalf of William Cairnes, David Cairnes, Alex. Cunningham, Helen his wife, John Cunningham, and Prudence Benson, defendants.

John Foster of Killeyfadey, yeoman, aged 23. Knows defendants, but does not know plaintiff. That Wm Carnes aliened his lands of Killeyfadey, Aghentreeman, Carnteall mor, Carnteallbegg, and other lands in a deed made to Robert Blare of co. Londonderry, Esq. in consideration of a marriage between said William Carnes and one of the daughters of said Robert Blare about 4 or 5 years ago, which lands descended to him from John Cairnes father to William, and the deponent was a witness to the deed.

William Ley, Esq., aged 46. Knows all the plaintiff and defendants. That William and David Cairnes, plaintiff’s [recte defendants??] father John Cairnes, deceased, lived at Knockmaney and spelled his name with a C. The cause of his knowledge is that this deponent was brother-in-law to John Cairnes and knew his writing well. John Cairnes of Knockmoney died in 1651 or 1652 and made his will by which he left to his son William the Bawn of Killyfaddy and 8 townlands next adjacent thereto, and the rest of his estate to his other sons, and that the said will had taken effect. That John Cairnes had by a first wife 2 sons Wm and John, and 2 daughters, and by a second wife two sons Robert and David, and 2 daughters, and that he appointed Lieut. David Stewart, this deponent Wm Ley, and John Bratton to be his executors. That Robert Cairnes one of the sons of said John is dead, and that Wm Cairnes elder brother of Robert enjoyed his estate according to the will of John Cairnes deceased. That Wm Cairnes on his marriage with the daughter of Robert Blaire aliened his whole estate to Robert Blare in consideration of a marriage portion. That David Cairnes one of the defendants did alienate the lands of Tullyglush to one John Hervey in consideration of £80, and also did mortgage the town of Glencoyle to Henry West. That £335 part of the purchase money of said estate was due to Mr Elcoke and his heirs at the time John Cairnes died, and that a debt was due to one Damphford of £14 or £15 was also due, also a debt due to Mr Allan of £100 all at the time John Cairnes died. That Hugh Murry O’Devin was a Captain in the Irish Army, in actual rebellion, was taken prisoner, carried to Londonderry, and was afterwards exchanged for an Lieut. Houstoun who was an officer in the English army, and a prisoner in the Irish camp. This deponent was a member of the British army at Strabane at said time.

James Moor of Aghentean, gent., aged 40, knows both plaintiff and defendants. Knew John Cairnes father of the defendants, who was styled John Carnes of Knockmaney and spelled his name with a C, and that in 1639 he was living at Knockmaney. John Cairnes died in 1651 or 1652, at the time he died he left 2 sons and 2 daughters by a first wife, and 2 sons and 2 daughters by a second wife, and his estate was divided by his will to his sons. That defendant William Carnes made a deed to Robert Blare, Esq., of the lands he inherited from his father. And this deponent by letter of attorney from Robert Blare did receive livery and seison of the manor house and townlands of Killyfaddey in the name of the whole lands, except one townland which was in mortgage to John Beizard. Believed David Cairnes mortgaged one townland to John Hervey called Tullyglush at £80, and the townland of Glencoyle at £60 to Henry West. Had heard William Carnes say he has been much incumbered and troubled about debts due by his father at the time he died and that he, Wm Cairnes, had to go to Dublin to compound about the same.

John Nesbitt, Esq. aged 85 [poss. 55] knows all the parties, and knew all the deceased parties. Hugh Murry O’Devin was of good repute before the wars, but not before he died. In the beginning of the Rebellion Hugh was a very “bludey ryball” [bloody rebel?] under the command of Sir Phillam O’Neill and this deponent was present when Hugh was taken prisoner and had command of a company of foot and was a Captain in the Irish army.

Robert Wrey, merchant, aged 34. Knows plaintiff and William and David Carnes, and John Cunningham, 3 of the defendants. Wm Carnes, one of the defendants, sent by this deponent a sum of £7 15/- to pay to Mr Edkins [Elcock?] of Ropersreagh [?], when Mr Edkins told this deponent to speak to Wm Carnes that he would send him up for more money speedily; and told this deponent that if Wm Carnes neglected to pay he had a good right and interest by deeds of sale to the lands and estate of John Carnes deceased, father to Wm, and that he would distrain the lands for same – this was about 2 or 3 years ago.

Depositions taken on behalf of Alex Cunningham and Hellen his wife.

John Conyngham of Tully [or Sully or Bully], gent. aged 29. Knows plaintiff and defendants. Knew John Conyngham deceased. Alex Conyngham one of the defendants paid funeral expenses of John Conyngham deceased to the amount of £7 10/- and did administer to his estate. Alex. Conyngham paid on the judgement obtained on a bond against John Conyngham deceased in the King’s Bench by Arthur Leneing [?], Paul Bensan and Elizabeth his wife, for £160 with 30/- cost and sheriff’s fee of £6 10/-. Alex Conyngham paid to Mr Archbold Glascow, Clke, £20 with 24/6 costs & 20/- sheriff’s fees to execute a decree obtained against Alexander as administrator aforesaid. Alex. Conyngham paid to Alex. Conyngham of Letterkenny, merchant, £10 with 24/6 costs obtained against Alex. and Helen his wife as administrators aforesaid. Alex Conyngham the defendant paid wages of £7 12/- due by John Conyngham deceased and also £3 tithe money also due by him. A bond was due by John Conyngham deceased to Alexander Conyngham the defendant to which this deponent was a witness.

Thomas Hunter of Convoy, aged 30. Knows defendant Alex Conyngham and Hellen his wife. A bond of £166 to be paid to Alex Conyngham by John Conyngham deceased to which he was a witness, and saw John Conyngham deceased deliver same to Hellen wife to Alexander for the use of Alex.

James Peerson of Tully [or Swilly], labourer, aged 40. Knows defendants Alex Cunningham, & Hellen his wife, John Conyngham, and Prudence Bensan, and knew John Conyngham deceased. Alex Conyngham the defendant paid £3 tithe money due by John Conyngham deceased.

John Nisbett Esq., aged 55. Knows plaintiff and defendants. Knew John Conyngham deceased and Hugh Murry O’Devin deceased. Alex Conyngham and Hellen his wife paid an [?] debts for John Conyngham deceased, namely to Mr Archbold Glasgow, Clke, £24 debt, 24/6 costs & 21/- Sheriff’s fee, and also to Alex. Conyngham of Letterkenny, merchant, a debt of £10 with £24/6 cost, which sums were obtained against Alexander at Lifford Assizes, co. Donegall, and of the 8 quarters of the lands of Convey and Tullywer they were valued and sold by the Sheriff for £192 whereof £160 was paid to satisfy the said judgement obtained by Arthur Laney, Paul Bensan and Elizabeth his wife against Alexander Conyngham and Hellen his wife as administrators aforesaid, together with 85/- costs and £6 10/- Sheriff’s fee.

John Nesbitt, Esq., aged 55. Knows plaintiff of late, but knows defendants for a long time. Knew John Conyngham and Hugh Murry O’Devin, deceased. Hellen the wife of Alexander Conyngham was administratrix of John Conyngham deceased and was in his right possessed of 4 quarters of Conwall and 4 quarters of Tullywer, there was a judgement of £160 with 30/- costs and Sheriff’s fee of £6 10/- obtained in King’s Bench by Arthur Lening, Paul Benson and Elizabeth his wife, executors of Arthur Laning the elder deceased against Alex Conyngham and Hellen his wife as administrators aforesaid. That a writ of fieri facias was issued [?] on said judgement to the Sheriff of co. Donegal dated 27 May 21 Chas II [1669] and an inquisition was held in said county and the said lands of Convell and Tullywer were valued at £192, and were sold to John Conyngham one of the defendants, all which he knows because he was sheriff himself at the time and was concerned therein.

James Petterson of Tully, labourer, aged 30. Knows the defendants John Conyngham, Alex. Conyngham, and Hellen his wife, and Prudence Benson. Knew John Conyngham deceased. Alex. Conyngham and Helen his wife are administrators of John Conyngham, deceased. This deponent knows that the lands of Tully came to the hands of Alex. Conyngham because this deponent was tenant thereon and the said lands were sold by the Sheriff of co. Donegall to John Conyngham the defendant.

James Smith of Tullygay, gent., aged 40. Knows John Conyngham, Alex. Conyngham, and Hellen his wife, and Prudence Bansan the defendants. Know John Conyngham deceased. Hellen the wife of Alexander was administratrix of John Conyngham deceased, and by virtue thereof did receive the rents of the lands of Convell and the said lands were sold by the Sheriff of co. Donegall to John Conyngham the defendant.

Andrew Bell, aged 40. Knows Alex. Conyngham and Hellen his wife, John Conyngham and Prudence Bensan, and knew John Conyngham deceased. Alex. Conyngham and Hellen his wife were administrators of John Conyngham deceased and thereby obtained possession of the lands of Tully. The deponent paid rent for part of said lands to Alexander, and the lands were sold by the Sheriff of co. Donegall to John Conyngham the defendant.

Depositions taken on behalf of the plaintiff Archibald Hamilton.

James McNamee of Strabane, yeoman, aged 50. Knew Hugh Murry O’Devin of Coneye, who lived there about 1639. Sir Wm Hamilton told this deponent that Hugh Murry O’Devin’s debt was a good debt and that he was able to pay same. Archibald Hamilton the plaintiff has divers elder brothers by names James, William and Claud Hamilton. Hugh Murry O’Devin told this deponent at Mr Eldin’s [?] house at the ferryboy of Derry Shore that he had a bond and showed to this deponent a bond for £400 executed by John Conyngham, John Ewinge, and others.

Torlagh O’Devine, gent, aged 60. Knew Hugh Murry O’Devin of Coney, co. Tyrone, about 50 years ago, and that about 1635 he styled himself as of Convey. This deponent is brother to Hugh. Hugh was of good credit in 1639 as any Irishman in co. Tyrone , and was worth in leases and land £44 per ann, and other goods to value of £200, and he died in 1643 in the province of Leinster in a very poor way. Before the wars Hugh was in the service of Sir Wm Hamilton who set him to keep the castle of Dennemannagh. Hugh continued in the castle till turned out by the Scotsman, but was afterwards commanded by the Lady of Strabane to keep the castle which he did till the Scotsmen again thronged on him. Hugh was taken prisoner by the English army, and exchanged for an Lieut. Robert Houston, who was then a prisoner in the Irish Army. Hugh being agent to Sir Wm Hamilton owed the latter £400 and Sir Wm bequeathed same to the said Archibald Hamilton the plaintiff. Archibald has divers elder brothers by name, James, William, and Claud. There was a bond for £400 executed by John Cunningham and others to Hugh and the money was paid to them within a year after by bill of exchange. John Yewenge, Edward Torlton, and John Carnes were parties to the bond which was executed in Derry in the summer or harvest. This deponent believed that James McNamee, Donald McShaw and Ever McShane and Owen O’Gallancher were witnesses. The bond was perfected in trust for the use of Sir Wm Hamilton.

Robert Fleming, aged 40 [or 60] knew Hugh Murry O’Devin and heard he lived in Munterlony in 1639. This deponent his not related to any parties. Hugh was of good repute in 1639 as any Irishman in co. Tyrone, and at the time of the Rebellion was at Strabane under the command of Sir Phellemy O’Neall. Archibald Hamilton, the plaintiff, has divers elder brothers names James, Wm, and Claud Hamilton.

Cochannaght McRorey of Leugmore, gent., aged 64. Knew Hugh Murry O’Devin of Convey about 50 years ago. This deponent is not related to Hugh. Hugh was of good repute in 1639, worth £100 and died in 1647 in the province of Leinster and this deponent was present at his death. At the time of the rebellion High was under the command of Sir Phellemy O’Neall. Archibald Hamilton, the plaintiff, is aged 23, is not related to Hugh. Knows John Cunningham the defendant. Knew John Carnes to be of low stature and brown hair, and he generally wrote himself of Knockmaney.

[Signed by the commissioners]

Jhon Nisbett

J. Ffleming

Patrick Hamilton

Robt. Wrey