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Crossle Record

Page 195

in co. Sligo near the border of co. Roscommon had a considerable parcel of his masters cattle to sell.  That Plt. Betty went to Tolan and asked him whether he had his masters authority to sell sd. cattle who answered he had.  That thereunto as Plt. Betty treated with Tolan in Aug 1702 for the sale of the cattle and Manus O Donnell having intentions from Tolan that Plt. Betty had treated for the cattle, he (O'Donnell) wrote to Plt and said he had instructed Tolan to deal with Plt.  That therupon Plt. Betty bought from Tolan about 40 head of cattle at rate of £60 paid in ready money for them that being all the agreed price so that there remained due only about £20-5/- to secure payment of which Plt left as his pledge in the hands of Tolan several bonds which were perfected to Plts. Betty & Hasard by several sub collectors of hearth money of the several  baronies and parishes in co. Rosscommon to where Plts had sub-let same.  That at the time that Plt. Betty bought sd cattle Plt. Hasard was in no way concerned in the bargain but nevertheless Tolan looked upon both Plts as partners as well in the cattle deal as in the hearth money and he did insert Hasards name in the receipt he gave for the money that Betty paid him  That Hazard was not concerned therein; and therefor Hasard was not originally a debtor for the cattle to Manus O Donnell.  That after Plt Betty had driven the cattle into the north [? co. Fermanagh] both Plts became Partners in them, and not before.  That on 4 Oct. 1702 Plts wert together to Tolan to pay the remainder of the money due for the cattle being £20-5/- and they found Manus O’Donnell at Tolan’s house, a mountainy place in co. Sligo and O Donnell upon Pts offering to pay him said £20-5/- he refused it, pretending he had not authorised Tolan to sell his cattle, and demanded £30 more for same which was more than was agreed upon, and Plts thought O Donnells demand very unreasonable refused to pay any more than was contracted for.  Whereon Manus O'Donnell taking advantage that he had Plts in his power in a remote mountainy country laid hands on Plt Betty without any warrant and ordered his servants and other followers to keep Plt in custody.  That Plt Hasard expostulated with O Donnell, and O Donnell to show the extent of his power
ordered his servants and followers being upward of 20 to seize Hasard also which they did, although O Donnell had no authority to do so.  That O Donnell kept both Plts in custody for about 24 hours, and it being a remote place from friends or a possibility of being set at liberty and having other urgent affairs that required their attendance (being farmers of hearth money as aforesaid) were forced to submitt to O Donnells terms, which was to give O Donnell a bond for £130 the full price of the cattle at O Donnell 's own calculations.  That Plts expostulated it was too much therefore O Donnell said he wd give Plts a "defeasance" to sd bond if they paid his £50-0-6 on 20 Oct 1702 and that then he would surrender said bond and also the other bonds left

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