It may please your honor. The endeavours of the continuers of my restraint these 24 years, without ever being called to answer, or charged for any matter, hath been such as made me fearful, and doubtful of all men, which moved me (that was desirous to make my cause known to your Honor) to entreat Mr. Andrew Windsor to learn whether any dealth against me with you, whose honourable answer (that I cannot but take very thankfully) encouraged me to trouble your Honour. My Father-in-law, and Predecessor in the Signorie and lands of Desmond, the late Earl of Clancar mortgaged certain lands to Sir Valentine Browne, of whose son (when after the Earl's death he refused to take his money and deliver it) I complained to Queen Elizabeth, upon whose reference, her Privy Council, and learned Company ordered me that land, which shortly after I recovered from the rebels, and enjoyed until he got some of his friends to inform against me, and to work my commitment; for the which no color was had but to get one to complain of me for a bond of £20, or £30, wherein I was bound many years before for a Gentleman of Ireland that was here a suitor; upon which complaint I was committed and sent hither, where the late Earl of Salisbury was brought to cause me to be kept close in the Tower contrary to Queen Elizabeth's pleasure, that knew me well, whom I served long; and to His Majesty that after his coming, granted oftentimes my liberty, by whom I was in the end, after fourteen years restraint, confined upon bonds of the Earls of Thomond, Clanrickard, Westmeath, and Anthrim, and others; and being by divers of that country, (in my long restraint) deprived of my lands, whereof I could not recover any, being hindered by such as continued my restraint, and disabled to prosecute my cause by my confinement, I petitioned to His Majesty for means, or liberty whereby I might recover means of my living which was referred to the Lords, and by their Lorships to the Lords Wilmot, Docrua, and others of the Council there; (in Ireland) upon whose certificate their Lordships concluded that I should have my liberty and his Majesty's letters to have my lands, which (although I was hindered by such as continues my restraint) I followed until my son came hither and desired me to pass my living, and deliver mine evidences unto him: which when I refused he protested before divers that he would get such as continues my restraint, to have me committed to the Tower, because the Earl of Thomond was dead, that was bound for me, who was shortly after sent for by some of the Lords, and told that the Earl of Thomond, one of my Sureties was dead, and that they would commit me untill I found another. I believe my commitment was wrought by ill-willers that considered not His Majesty's charges, by my restraint, the Triall, upon my Sureties without any charges to His Majesty, that hath been had these ten years past of me, who in that time was driven to sell or mortgage to Sir James Lancaster, Sir Thomas Heuytt, and Sir George Horssey, and others, about £400 land a year, by my being restrained here, about a year and four months, upon the like color, and to follow the effect of my liberty and living; which being concluded to be granted to me, I am, notwithstanding restrained to charge His Majesty, and to undo me; and being now, by order of the Lords removed to the Gatehouse, until I find further security, the Earl of Thomond, and Sir Patrick Barnewell, two of my Sureties, being dead, I am here kept in a little narrow close room without sight of the air, where my life, that am above 70 years of age, after my restraint, is much endangered; although the Earls of Clanrickard, Westmeath, and Anthrim, with Sir Daniel O'Brien, the Earl of Thomond's brother, and others of good living are still bound for me, with the Earl of Thomond and Sir Patrick Barnwell that by their bonds did bind them and their heirs, yet, notwithstanding, I am not suffered to go under safe custody, or speak to any that would be bound for me; but kept here without any allowance of His Majesty, or means of mine own, whereby myself, and two young sons, and servants are like to perish, except your Honor will be pleased to commiserate me; wherein my humble request is that it will please Your Honor to send order hither that I may, under safe custody, be suffered to go speake to my friends, and know whether I shall bring those Sureties to Your Honor, or to whom else Your Honor will have them brought to take their bonds; and I will procure the Earl of Ormond to be bound instead of the Earl of Thomond; and others of sufficiency for Sir Patrick Barnewall, and rest,
Your Honors most humbly to be commanded,
ffloR: MCCARTHY.