Elizabeth I: volume 135, June 1588

Calendar of State Papers, Ireland, 1586-1588. Originally published by Her Majesty's Stationery Office, London, 1877.

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'Elizabeth I: volume 135, June 1588', in Calendar of State Papers, Ireland, 1586-1588, (London, 1877) pp. 520-548. British History Online https://www.british-history.ac.uk/cal-state-papers/ireland/1576-88/pp520-548 [accessed 24 March 2024]

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June 1588

June 3. Kilmallock.

30. Muster Roll of Sir Edward Phyton's 25 horse taken by Sir Thomas Williams, muster master. p. 1.

June 3.

31. Copy of the above. p. 1.

June 5. Dublin.

32. Wallop to Walsyngham.—His intention to stay for his account as vice-treasurer. Peyton's demand. All things in very good quiet. Extremity for lack of money. Tirone and Turlough Lynagh both at Dublin, exhibiting complaints each against other. pp. 3.

June 8. London.

33. Francis Lovell to Walsyngham.—To deal with the Earl of Ormond for his thorough favour towards him. p. ½ Incloses,

33. I. Notes of the services which moved Walsyngham to prefer F. Lovell at his last being in England. p. 1.

June 10.

34. Record of the inquisition of the Earl of Tirone's lands, which was profferred to the Barons of the Exchequer in Ireland by the Earl in person, and ordered by the Barons to be inrolled in these words, "Scilicet Inquisitio, &c.," taken by virtue of letters patents, dated at Dublin 1 Sept. 1587, to inquire as to the bounds, limits, and content, as well of all castles, lordships, manors, lands, tenements, and hereditaments, which the said Lady the Queen had granted to Hugh, Earl of Tyrone, within the country or territory of Tyrone, in the province of Ulster, as of all castles, lordships, manors, lands, tenements, and hereditaments within the said territory or country, whereof Nelanus the father of Turlough Lynagh O'Neill, or any other person or persons, at any time were seized by hereditary right, or held them by any rents or services of Con O'Neill, late Earl of Tyrone. And further to inquire and limit by all ways and means, the certainty of all such services, rents, customs, and duties whatsoever, which were usually rendered and paid to the aforesaid Con, the late Earl, by any person or persons, for and out of any castles, lordships, manors, lands, tenements, and hereditaments within the aforesaid territory or country of Tyrone, at and after the time when the aforesaid Con was created Earl of Tyrone.

By the oath of Henry Duke, Richard Ap Hugh, Ever M'Mahon, Edward Keyes, Robert Taaffe, Patrick Cashel, Patrick Crilly, John Monye, William Dowdall, Alexander Clinton, Arthur O'Hagan, and John FitzJohnes, twelve good and lawful men, who after adjournment assembled at Dundalk on the 6th of December 1587 before the Commissioners, and say: first, that Nelanus Conelagh O'Neill, the father of Turlough Lynagh O'Neill now living, had in his possession in Slewshish within his country of Tyrone at the time when Con O'Neill, the grandfather of Hugh now Earl of Tyrone, surrendered his lordships, lands, and tenements to King Henry VIII. in the 34th year of his reign, 11 towns called ballibetoes, each ballibetoe containing 16 villages, whereof eight ballibetoes were of his ancient inheritance, and were called le upper Fertouaghe, Lorrigechare, Ballieleaghe, Ballychorry, Kearrowchearmye, both les Fevaghes and le Com Owyn, and the other three towns (called ballibetoes) were assigned to the aforesaid Neale Conlagh by order taken between him and the Slewt Artes, and were called Ballyloughmoy, and Ballynebread alias Braed, and Magherlenagh.

Furthermore the aforesaid jury say that the said Neale Conlagh answered at the time of the surrender aforesaid, bonnaught to the aforesaid Con O'Neill, and also a rising out under the leading of the said Con as the principal captain, in every hosting for the service of the King.

Also the aforesaid jury upon their oath say that the metes and limits of the country called Tyrone on the north side, beginning at the river of Fynne, lead to Lough Foyle, and from Lough Foyle along the sea coast as far as the Bann, and so trend towards the east to Lough Eagh alias Lough Sydney, below which limits the jury say that there are the territories called O'Cahan, Glanconkeien, and Killetraghe, but that they are not the lands of the O'Neills in demesne, and what services the tenants of the said territories were bound to pay to the said Con, late Earl of Tyrone, the jury know not.

They say also that the metes aforesaid proceed from Lough Sydney on the north side as far as Killaghie, and from Killaghie to Baalavehan, and so to Levone and then to Tawaghe Nevaltny, and from thence to Corneskrike [i.e. Correscreebe], and from thence unto Ballyclare, and so from thence to the ford called Bealeanegiraghe in the Cowsere [Cowsher], and beyond that to Dow Owin [called in English the Blackwater], and so to Bealanargitt, and from Bealanargitt to the river of Cull [Couley], and from thence on the south side to the territory of the Roche. Below which limits from Lough Sydney to the Roche are the territories called Clanbrassill, Clancann, and O'Neilland.

Further the jury aforesaid say by virtue of their oath, that the country called the Fews was and is possessed by the sept of the O'Neills called the sept of Hugh M'Owen, which sept paid duties and services from time to time to O'Neill, chief of the O'Neills, by the space of 140 years now last past or thereabouts, namely, from the coming of the said Hugh M'Owen O'Neill into the country of the Fews aforesaid, who was the first of the sept of the O'Neills who possessed the said country of the Fews, and during the time aforesaid the said country of the Fews was reputed to be parcel of the said country of Tyrone, but before the time aforesaid, the jury say by virtue of their oath that the aforesaid country of the Fews was parcel of the country called O'Hanlon's country, and not parcel of Tyrone aforesaid.

And the jury say also, that ever after the coming of the said Hugh M'Owen into the country of the Fews aforesaid, that from the said territory of the Roche [in the county of Louth] even unto Oin ne Coggrie, and from thence unto the river of the Ree, and so to Mullaghashe, are the true metes on that side of the Fews aforesaid towards the west.

And further the jury say that the river of Coggrye, and so to the stream of the Trough and from thence to Portclary, and so to Bealaghe, Killnegurridea, and then to Maghernecrosse, are the true bounds of Tyrone on the west side, and from thence the metes are Termonmagra, and so to the Fynn aforesaid.

Furthermore the jury aforesaid say upon their oath that they are utterly ignorant how much land the said Con O'Neill held in possession and demesne at the time of his surrender aforesaid. But they say that all the lands below the aforesaid limits of Tyrone, (excepting the lands of the primate of Armagh, and of the abbeys, priories, and churches at the time of the surrender of the aforesaid Con O'Neill and afterwards,) paid, sustained, and answered, bonnaught, rising out, cutting and spending to the said Con O'Neill. Excepting, however, certain chiefs of his name of O'Neill who paid only bonnaught and rising out as above. In testimony whereof the seals as well of the commissioners as of the jury were affixed hereunto, viz., Sir Robert Gardener, Sir Lucas Dillon, Geff. Fenton, Ch. Calthorpe, Edward Keyes, Patrick Cashall [bailiff of Dundalk], Patrick Chirilly, John Money, as is therein contained.

[Several of the names in this Inquisition, as Ballyclare, Ballenegregh, Correscreebe, Cowsher, Killaghy, and Tawnavalteny, are mentioned in the second volume, "Inquisitionum Cancellariæ Hiberniæ Repertorium, Ultonia" see especially the Index Locorum co. Armagh. Compare also the documents at page 332–334, 1587, April, Numbers 49, 50, 53.]

Latin. Copy certified under the hand of Ro. Calvert. pp. 6.

[June 10.]

35. Checks set down upon Sir Edwd. Fyton, knight. [Imperfect.] pp. 2½.

June 14. Dublin.

36. Lord Chancellor to Walsyngham.—Commends the bearer, Gerald Aylmer, and his wife, the widow of the late Viscount Baltinglas. p. 1.

[June 14.]

37. Suit of Gerald Aylmer.—To have the leading of six or eight horsemen, as he dwells on the border called Oughterrenny fronting the Conors. Mr. Herbert [i.e. Sir W. H.] has 12 horsemen. p. 1.

[June 14.]

38. Abstract of the postil set down by the Commissioners, to the requests of the Lady of Baltinglas. Gerald Aylmer's petition that Her Majesty would pay 140l. to redeem a certain mortgage. Long stay. p. 1.

[June 14.]

39. Duplicate of the above. p. 1.

[June 14.] Marshalsea.

40. Petition of Gerald Aylmer to the Lord Treasurer.—His grievous imprisonment, 90 days. Prays that he may be referred over to Ireland for further punishment if it be needful that he suffer any further. p. 1¼

[June 14.]

41. Petition of Gerald Aylmer to the Lord Treasurer, for licence to return home. Offers to take many oaths of dutifulness to Her Majesty. p. 1.

[June 16.] Dublin. Castle.

42. Lord Deputy Perrot to Walsyngham.—This present day there came certain merchants of this town out of Bilboa, who were there 11 days past. They affirm that the Spanish navy went out of Lisbon to the seas 21 days sithence, wherein is not above 31,000 footmen, of the which above 16,000 are poor Byzonies. And these merchants further say that they heard by a letter read, which came from Lisbon, the certain time which was appointed for the departure of the said navy. And also whilst they were there, there was great processions and invocations made for the good success of the Spanish fleet. God send them all mischance, with whom, if our ships may meet, as we hear that my Lord Admiral and Mr. Drake are gone to the coast of Spain, I doubt not (with God's help) but Her Majesty shall have an honourable victory, and shall beat those shipping which hath overcome the Turk, whereby Her Highness shall be famous over the whole world. p. 2/3

June 22.

43. Memorial exhibited by Mr. Attorney General Sir John Popham, for instructions to the commissioners who are now to pass into Ireland. Chargeable lands. Legitimacy of those who are born under handfasting, not one of twenty married in facie ecclesiœ. Remembrances to be kept of all the compositions that shall be made, as well concerning chargeable lands as any others. The commissioners to sit at Cork and at Limerick. pp. 2.

June 23. Dublin Castle.

44. Lord Deputy Perrot to Walsyngham.—His intention to deliver to Sir W. Fytzwylliams, O'Neill, Tyrone, Sir Hugh O'Donnell, Sir John O'Dogherty, the Callogh O'Donnell, Manus O'Donnell, and Ignaghan O'Donnell, Sir Con M'Nele Oge, Sir Ross M'Mahon, Sir Coconner Magwire, Sir Hugh Magennis, Sir Oho O'Hanlon, and others who have repaired to Dublin to end some brawls and to take leave of Perrot. To have 711l. 7s. 4¾d. paid in London out of the next treasure. p. 1.

June 23. The Temple.

45. Mr. Attorney General of England, Sir John Popham, to Sir Francis Walsyngham.—According to your Honour's direction Sir Valentine Browne and I met upon Friday last and drew certain heads to be considered of for instructions to the commissioners that are now to pass into Ireland. It may please you also to think whether, it shall not be good to set down an article unto them: that they allow of no petition but where the matter appeareth to be plain and of clearness against Her Majesty, and such as shall be questionable or doubtful, either to compound them, or to leave them to their ordinary remedy there by the law: it shall not be good that the commission concerning the examination of the titles do continue of force longer than the commissioners now to be sent over remain there, and that none be of the quorum but those now sent over, for if the commission remain in force after, there will be no end of raising up of titles. Sir Valentine Browne had the former notes, which I trust he hath delivered your Honour before this time. p. 1. See No. 43.

June 23. London.

46. Sir Edward Moore to Sir Francis Walsyngham.—Being requested by this bearer, Marcus Strange, to deliver my knowledge of his good deserts in Her Majesty's service in Ireland, I cannot refuse him of his due in that behalf. I have known him a servitor there of continuance above 20 years, whereof some part under mine own conduct; in all services as forward and valiant as any of his sort, and always in far more chargeable sort than any entertainment he had could bear out. p. ½.

June 23.

47. Declaration of the increase of the revenues in Ireland in the time of Sir John Perrot, 1584, September, to 1588, April 7, under the hand of Auditor Chr. Peyton. pp. 2.

[June 23.]

48. Another of the above. pp. 2.

[June 23.]

49. Declaration of the increase of the revenues in Ireland in the time of Sir John Perrot, 1584, September, to 1588, April 7, with remarks disproving part thereof. pp. 8.

June 25. Dublin.

50. Wallop to Walsyngham.—Arrival of Sir Wm. Fytzwylliam on Sunday morning. The controversies of the Earl of Tirone and O'Neill with others debated before the Council. p. 1.

June 25. Dublin.

51. Sir Henry Wallop to Sir Francis Walsyngham.—Finding by sundry of my man's letters, as also by the reports of others that have come over, and now lastly the same confirmed by Sir Edward Waterhouse, that Sir Valentine Browne is a great suitor for mine office, or at the least to have the exercise thereof in mine absence, though without fee, as Sir Edward Waterhouse telleth me he hath heard, it maketh me think that he being there present and I absent something may be wrought against me, if by your Honour's good means it be not prevented. Therefore I am humbly and heartily to beseech your Honour of your accustomed favour towards me, to be a means that I may not be condemned unheard, assuring myself that both to your Honour and every other it shall appear my honest and faithful service to have better deserved than to be supplanted by him, whose bad dealings in matters of account have been formerly so manifested, and in whom besides there reign so many apparent imperfections. As I understand, to bring this his purpose to pass, he greatly soliciteth my Lord of Leicester and my Lord Treasurer, who, nevertheless, I hope will deal more favourably with me than to conclude against me, before they see whether my service have deserved well or ill. But my special trust is in Her Majesty, who I understand by sundry means hath hitherto seemed to have a very good opinion of me, and always hath had that princely mind not to discharge her faithful servants, nor displace them without recompense. If it be true that Sir Valentine so thirsteth after my office as to sue to supply it in my absence without fee, it is easily to be discerned what course he would run, protesting to your Honour for mine own part that I have dealt so uprightly and lived so chargeably that I have yearly spent of mine own over and besides all commodities whatsoever of mine office, and have not employed any part of Her Majesty's money to my private benefit or commodity, wherein I as much rejoice as those who by doing the contrary have greatly advanced themselves. I hope your Honour and the rest will conceive that it will be as allowable for me to have the place in my absence supplied by my clerks as for my predecessors, seeing I stand bound to answer for their doings, and for that purpose, and the better to have my turn served in England, have lately entertained two clerks more than I was wont to keep at the charge of fourscore pounds a year.

May it please your Honour, I further understand by my man that your Honour told him Her Majesty had by her letters directed me to assist her commissioners for the causes of Munster between this and Michaelmas, and that notwithstanding his allegation unto your Honour of the great inconvenience and hindrance that might grow unto me thereby, your Honour promised to be a mean to stay the said letter, which I most humbly beseech you to be, or otherwise that Her Majesty will please to grant that I may be discharged of my account here as other my predecessors have been before me, which my requests, considering the great danger that tracting of time will draw upon me through delay in the finishing of my accounts, I hope will seem to your Honour but reasonable. I have as yet received no such letter, and therefore God willing purpose to be in England within 20 days at the farthest. My stay hitherto and until then hath been Mr. Auditor's delaying of me, but if by that time he be not ready I will come away myself, and leave one of my clerks to bring away after me my last year's account for the revenue, which hath been 16 weeks in Mr. Auditor's hands, rather choosing to make it known where the occasion of my long stay resteth, than to have the fault conceived to be in myself, as I fear is imagined there. pp. 2¼

June 26. St. Sepulchres.

52. The Lord Deputy, Sir W. Fytzwylliam, to Burghley.—His sickness by the way, at Sir Richard Dyer's house. His weakness and Perrot's infirmity; but I hope within these two days to have such conference with his Lordship [Perrot] and this Council as I shall be able to certify your Honour of the present state of this country, as also what pledges, bonds, and prisoners remain forthcoming for the safety thereof. pp. 1½.

June 26. St. Sepulchres.

53. Lord Deputy Fytzwylliam to Walsyngham.—His tertian ague; seven fits. Money. The cry of the soldier great. pp. 1½.

June 29.

54. Sir John Perrot's declaration touching the state of Ireland, made in presence of the Council. Ulster. 1. First, touching the state of the north, the said late Lord Deputy saith that some of the potentates there have put in pledges, and some not; yet are they not to be accounted as men assured indeed, but rather a demonstration and show of assurance, for that they are people light and inconstant. He promiseth to name and deliver in writing such pledges as he hath upon the several potentates. Connaught. 2. Touching Connaught, Sir Richard Byngham affirmeth that by the enlargement of Hugh M'Turlough Reagh and Robert M'Peter Nugent, which was done by Sir John Perrot, the quiet of the province is doubtful, for that they are men disposed to stir and disturbance, and ill affected to the state of the time. Most of the Council were of the same mind. Munster. 3. Touching Munster, the most of the doubtful men there are in hand, so as the state of that province is reasonably well assured, unless it be disturbed by some foreign attempt. Leinster. 4. For Leinster. It stands in reasonable good terms for quietness, save for stealths and robberies, which are sometimes committed both in the county of Carlow, Kilkenny, Wexford, &c. Yet (5) there is doubt that Rory Oge [O'More]'s son will be troublesome. 6. The King's County in good quietness. 7. The Queen's County in good estate, though the Mores do increase in number, who are under pledges with Captain Sentleger. 8. The county of Kildare in reasonable good quiet. 9. Feagh M'Hugh [O'Byrne] is upon his guard. He hath ordinarily 100 swords, and is the only receptacle for all the loose men in the realm. He hath not of long time come in to the Deputy, but hath refused it. 10. Upper Ossory in good case. 11. O'Carroll now in good terms, but he is not to be accounted assured. 12. Fox, O'Doyn, O'Molloy, all quiet. 13. Meath and Westmeath well, saving for William Boy More, who is a disturber, and in hostility. 14. Brenny. Brenny in good terms, saving for murders and stealths which are sometimes committed. Besides, Edmund O'Reilly with open forces hath of late entered into the county of Longford and slain 10 persons at the least, and lost himself five or six persons. 15. His Lordship [Perrot] adviseth that it is not meet to diminish any part of the forces of the realm, but rather to increase them. The reasons for that the time is doubtful. All the Council are of the same mind. 16. That all the province of Munster, except the escheated lands disposed to the undertakers, may be drawn into composition, as well as Connaught. And for other means to increase Her Majesty's revenues, it is not known as yet to his Lordship. 17. That the forces of the country birth are very small, or not at all, and (sic) except the corporations very little or no provisions of armour nor weapon, and very few horses for service. 18. No store of soldiers to strengthen the corporate towns in Munster against any attempt of the foreign enemy; and therefore men to be sent out of England, and also money and munitions, if any foreign attempt be doubted. 19. For the safety of the Pale, the nobility and gentlemen of the Pale to be put in order and mustered, and to attend the governor appointed for the service of the Pale in the absence of the Deputy. 20. That all the pledges are in hand, and none enlarged. 21. Some of the instructions and warrants are inrolled, and the rest shall be delivered to the successor governor. (Signed) Geff. Fenton. pp. 2.

June 29.

Copy of the above. Entry Book, Ireland, Folios, Vol. XII., p. 149. pp. 2.

June 29. Shandon.

55. Vice-president Tho. Norreys to Queen Elizabeth.—Committal of the body of Florence M'Carthy for marrying the Earl of Clancarty's daughter. Autograph. p. ½.

June 29.

Copy of the above. Entry Book, Ireland, Folios, Vol. XII., p. 150. pp. 2.

June 30. Dublin.

56. Lord Chancellor Archbishop Loftus to Burghley, for favour to the suits of the bearer, Sir Turlough O'Brien's messenger. Sir Turlough's sincerity in religion and virtuous bringing up of his children. p. ½.

[June 30.]

57. Petition of Sir Turlough O'Brien to Lord Burghley, claiming to have the peace against the Earl of Thomond, who seeks his utter overthrow. [This may be later.] pp. 3.

[June.]

58. Tracts, apparently by Sir William Herbert.

The First.—Description of Munster.

Having spent some time in this province, and [being] desirous to benefit it by all the means I might, and especially by advancing the action that here I have undertaken, I have oft entered into consideration of the state of things at this present, and observed what I find superfluous or necessary, hurtful or conducible to the good that I desire, either generally to the whole province, or particularly to the action that I am employed in, which in discharge of my duty I have thought good to lay down in writing, and have presumed to present unto your honour (Burghley ?), whose wisdom can easily judge, and whose authority may speedily reform whatsoever shall be found amiss.

And first, whereas this province consisteth of two sorts of people, natural inhabitants and English soldiers, generally in all desires and dispositions discrepant, in this our action's dislike they wonderfully agree; the one in nature abhorreth it, the other in judgment frustrated of their expectation, to have had the land divided amongst them, and fearing the prosperous success of this colony will work a diminution of their commodity and an extinguishment of their pay. To better their wills I see no means; to lessen their power to do evil I hold it necessary, for nothing is to be expected from them but public and private crosses, to all that shall sincerely manage this action; the other in time I hope will be won to a better liking when they find the sweet taste of civility, sincerity, good order, and government, to the which when they shall be awhile accustomed it will work in them another nature. Touching the action itself, as there are in it many difficulties, so none seemeth to threaten more incumbrance and intricacy than certain rents and duties [in margin by Burghley, rents and dvtyes to the Q.] belonging unto Her Majesty for want of good order taken, smally beneficial to Her Highness, and like to grow very cumbersome to this country, and to the undertakers very prejudicial and troublesome.

These rents and services were heretofore due to the Earl of Desmond, and they are of sundry sorts; the chief and greatest thereof is a money rent and beef rent called Srah and Mart, the rest were finding of horsemen, galoglass, kerne, studkeepers, stockers, horseboys, and many moe. All these in the Earl's time remained in no certain course.

His money-rents, and beef-rents being certain upon every hundred or barony were notwithstanding uncertainly levied, for that much of the lands always lay waste, and men only paid according to the quantity [in margin by Burghley, occup.] they did manure, which was sometimes more sometimes less; now all is demanded for Her Majesty, whereas the hundredth part is not inhabited, and the gentlemen who endeavour themselves to repeople these parts, they are charged every man in his quarter to levy the same which is not leviable, whereof two inconveniences must grow; the one a continual vexation and disquietness between the undertakers and the natural inhabitants of the country, upon whom these things must be levied, but cannot be had, because they have not wherewith to pay it; the other an incumbrance to the gentlemen whose lands both in England and Ireland shall stand charged in the Exchequers for these sums, which they shall never be able to levy, it being contained in their patents.

The remedies in my poor opinion will consist in two points; the one a reducing of all services into a money rent, the other a composition; both the first and the last may be done by a commission directed to some to that end; in the one there is no great difficulty, in the other somewhat more; the manners of compositions being divers and some of them better than others, and yet but one best; what that is I refer to your Honour to resolve. My slender conceit leadeth me to think that to compound for land will be the best course: to make it more plain by example, my Lord Macmaurice's [Fitzmaurice] country is to pay Her Majesty a yearly rent of sixscore beeves and sixscore marks, and money which exceeds the sterling, a noble in the pound; his country consisteth of two sorts of land, free and chargeable; the free they inhabit, the other lieth all waste. This revenue thereby is not leviable. To reassume all therefore into Her Majesty's hands perhaps might seem somewhat hard, by composition to take such a portion of it as might countervail Her Majesty's rent, and to lay it in some good sort together to make three or four seignories or more, to be inhabited with Englishmen; the rest to be discharged seems a good course in sundry respects. In like sort the hundred or barony of Corkonynye oweth unto Her Majesty yearly a rent of fourscore beeves and fourscore marks, old money, besides other duties and services which would be reduced likewise into money; and then the several freeholders dealt with to take such portions free of all rents and impositions (chief rents excepted) as shall be thought meet, releasing the rest unto Her Majesty to dispose of in respect of these rents and duties, which land Her Majesty granting to Englishmen shall both strengthen the good estate of these parts, and in short time be answered her revenue with a good increase, whereas otherwise it would be long a levying or rather never levied, and in the meantime breed much trouble and disquietness. In this point notwithstanding there is a distinction to be made, for in some place the land itself is Her Majesty's, there no composition shall need. In other places the land belongeth to freeholders, but is charged with duties that they are not able to pay; this would be remedied with a composition.

This one incumbrance together with all discord between the undertakers well composed, and the titles in question decided, all inward perils and annoyances will easily be overcome. The exterior dangers of most moment are foreign invasions and the combinations or confederacies of the Irish Lords, which are also to be prevented by all the good means that may be. As touching the first, although it be not to be thought that so huge and chargeable preparation as in Spain (they say) is now making will burst out into an action so unproportionable thereunto as the attempting of these parts would be, yet that some part of those forces shall be hither employed to satisfy the importunity of the fugitive Geraldines and others their like to relieve the Catholick cause (as they hold) favoured here by the multitude, and oppressed by the government; and to disturb Her Majesty with the dispersion of her forces and increase of her charge, and to revenge here their late losses, is very likely and probable, and not unacquainted with the desolations and wearisome ways of this country, and building much upon the good wills of this people, it may be conjectured that in respect of the one and the other, they will attempt as soon as may be to possess the towns and cities in the maritime parts of this province, and therefore will seek those havens that be nearest and most convenient for that purpose. To meet with this in readiest sort, with least charge to most purpose, the present state of this province considered, in my poor opinion it were requisite that the president or governor were appointed to lie at Cork with the horsemen and footmen allowed him, with some other convenient forces, having therewithal the forces of those two cities and counties in good "areadiness;" his particular charge to attend those coasts: Waterford, Dungarvan, Youghal, Cork, Kinsale, Ross, Baltimore, and Bearehaven.

Secondly, that some worthy gentleman had the charge of the city and counties (sic) of Limerick, of the country of Conolough, the county of Tipperary, and of the island in the Shannon (which being in the possession of them of Limerick, there would be upon their charge some fortification there made in place most convenient), he might have under his direction besides, such forces as should be thought requisite.

Thirdly, that one were appointed to take the charge of Desmond and Kerry, which are 50 miles in length and 40 miles in breadth, with 100 footmen allowed him to remain in Dingle Cush, and the forces of those two counties (which though most weak, nearest to peril and greatest in charge), having in it the havens of "Dungeran," Ballinskelligs, Valentia, the haven of the Dingle, of Ventry, of Smerwick, of Feriter's Coome, the Sownde of Blasquets, the bay of Tralee, the Fennett, and the mouth of the Shannon.

I would if it stood with Her Majesty's pleasure and' your Honours' take in charge with 100 footmen and other the forces before mentioned, wishing rather to have those footmen out of Monmouthshire (where by commission I set 100 men in a readiness for Ireland two years since) than to have them of any band that hath continued here, so I might have them some months before they should have occasion to serve, to the end I might train them and make them serviceable. The reasons [why] I prefer them before the other[s] are four.

First. For that being of one country we shall have a more reciprocal regard and a "more ferventer" desire to serve and deserve well.

Secondly. For that being new come they shall be free from that malice that I find inveterate between the old soldiers and [the] inhabitants of these parts.

Thirdly. For that they will be unacquainted with the corruptions and oppressions of former times, from the which the old soldiers are hardly drawn.

Fourthly. For that I would train them in a "perfecter" discipline, which the other will never be brought unto, allowing of none but that they have heretofore seen.

What further forces may be held necessary for every of these places, or for any of them, which is to be measured by the nature of the place and force of the enemy, I commit to your Honour's most prudent consideration.

These would be directed upon all occasions to assist one the other. The Earl of Ormond with his forces appointed in a readiness to come in aid of them. And the Governor of Connaught (in my simple conceit) should do best to remain at Galway.

I think it very necessary that the English forces of horsemen and footmen here were in time looked into. I fear me they will be found very defective; that the garrisons also, the storehouses and the munition, were carefully viewed; I think they will be found but in bad plight.

The strongest place in this province is Limerick; Her Majesty hath therein some munition, four demi-cannons, one culverin, and a demi-culverin, a minion, and a "fawlkon'" all out of reparations, lying upon the ground, the carriages broken and rotted. Moreover two or three hundred calivers all in decay and unserviceable, sundry sheaves of arrows, the feathers gone through the moisture that hath spoiled them; some other weapon and armour there are, but all in very evil case.

Thus much in a generality I thought good to advertise your Lp. [Burghley] of the defence in these parts to be made against foreign forces, and my slender conceits of the ordering of the same, with my poor opinion touching the inhabitation in this province, and planting of English people here. Doubtless the most ready way for the reducing of these parts to perfect obedience and civility, for the lessening of Her Majesty's charge and for the increasing of Her Highness' receipts and revenues, things greatly to be desired and well worthy the endeavour, yet if the former point be not well looked into, and good care taken for the defence of these parts against foreign invasion, in vain shall we travail in the other, and such is the nature of both as what seemeth to further the one hindereth the other, without great providence and circumspection. If Her Majesty dispose largely of her possessions here unto the Irish, and with many freedoms, privileges, and immunities please and pleasure them, it perhaps may "affurder" and advance the defence of these parts, but assuredly it will greatly hinder the "inhabitation" and good effects thereof. I fear me if among any among this people "toto," far from singleness and sincerity of heart, that sentence of Philip of Macedon is true: Largitio corruptela est: fit enim deterior qui accipit atque ad idem semper expectandum paratior; whereupon he asked of his son Alexander what reason he had to think that they would be faithful unto him who were corrupted by his gifts. If, on the other side, a hard hand were borne upon the Irish, and all advantages taken by rigour of law to deprive them, and the same at this present severely pursued, it might seem to advantage the inhabitation of the English here, by making place for greater numbers of them to be planted in; but it might breed some mischief and inconvenience if any foreign attempt should be made in these parts; wherefore, leaving the tempering thereof to Her Majesty's most rare and royal prudence, which can best balance these things and their like: I will trouble your Honour with some particularities in each of those points before mentioned, and touching resistance here to be made against any forces landing in these parts, Her Highness is to trust either to the Irish forces or to the English, or to both. To employ therein altogether the Irish seemeth inconvenient, both for that many of them may well be doubted, and for that their kind of armour and furniture, especially in these parts, is far inferior to those that they shall be encountered with. To trust altogether to English bands requireth great forces to be hither sent, and consequently great charge; to trust to both will lessen the charge but double the peril, unless they very well agree. The agreement that already is between them is but very bad; for besides that generally between the old soldiers here and these country people there is no good liking, those two bands of footmen that are in this province are grown into quarrel and dislike with sundry of these parts, as lately there hath been a fray between Mr. Vice-President's (Thos. Norreys) band and the citizens of Cork, and continual jars daily increasing between Sir Edward Denny's band and the townsmen of Youghal, and these jars of discord, howsoever they be salved up for the time, leave scars of discontentment behind them unfit for this time.

The remedies, in my poor opinion, I conceive your Honour shall find in the paradoxes and positions hereunto annexed. I wish also the captains that already are, and such as hereafter shall receive charge here, to have especially in commandment that neither themselves nor any of their soldiers evil entreat, in words or deeds, Her Majesty's dutiful subjects in these parts, and this by direction from Her Majesty and letters from your honours [of the Privy Council] to the Council here, whereof general notice may be taken, no doubt to this people's great contentment, and for the captains' and soldiers' better caution. And were it not that the gentlemen who have entered into the inhabitation of this province by reason of some impediments over slackly perform what both their conscience and credit in this action requireth of them, and that the expectation of some foreign forces here to arrive did give cause of continuance of those bands, they might for aught that this province should need be discharged. And even at this present the garrison of Askeaton is altogether superfluous, the ward of Castlemaine unprofitable and perilous. Dungarvan would be maintained with garrison, for it standeth upon a coast and country that is continually to be regarded.

Touching the inhabitation of this province's waste and desolate parts (through the attainder of sundry accrued unto Her Majesty) and by reason of the calamities of the late wars void of people to manure and occupy the same, as it hath been with great reason thought meet to be performed by gentlemen of good ability and disposition out of England, that by their good example, direction, and industry, both true religion, sincere justice, and perfect civility might be here planted, and hence derived and propagated into the other parts of this realm, so the placing amongst this forward and undisciplined people inhabitants so much differing both in manners, language, and country from them, shall be unto them at the first, (without doubt) and ever without care had, unpleasant and odious, which will easily be acknowledged by any that weigheth the nature of the action together with the disposition of this nation.

The inconveniences that of this in time may grow when they increase both in dislike, number, and ability, may probably be conjectured but hardly measured, unless it be prevented. The prevention of it consisteth in two points whereof neither may be neglected, the bettering and reforming of their wills and dispositions, and the weakening and lessening of their powers and forces. Their minds and wills are to be bettered principally by instructing them in true religion, the firm foundation of the fear of God, of their loyalty to Her Majesty, and of their love and charity one to another. Secondly, by the sincere and impartial administration of justice, whereby they may repose the safety of their lives, lands, and goods in Her Highness' laws and government. Thirdly, in a courteous demeanour, affability of speech, and care of their well doing, ever expressed towards them by such English gentlemen as shall inhabit and govern amongst them. For the first I have been careful in those parts wherein I am, to have them taught the truth in their natural tongue, to have the Lord's prayer, the Articles of the Creed, the Ten Commandments, translated into the Irish tongue; public prayers in that language, with the administration of the sacraments and other ecclesiastical rites, which in a strange tongue could be to them but altogether unprofitable, and in these things I have hitherunto found very great want of a good and godly bishop, but now Mr. Kennam being here placed, a man both learned, godly, and of this country birth, I am in assured hope that by his good example and travail these parts will easily be reformed.

For the second, I have endeavoured what in me hath lain to make them taste the sweetness of Her Majesty's government, by giving every of them the benefit of the law, and thereby redressing all injuries and oppressions offered, that none deal according to his will and rage, but according to right and reason, so that they may find a sufficient protection in Her Majesty's peace.

For the third, together with the two former, I have in such sort inclined and applied myself unto the directions given me by Her most excellent Majesty, that I have drawn upon me the evil will of some of mine English neighbours, of whom I never deserved but well, and whose commodities I have preferred before mine own; only they cannot brook my course, so contrary unto theirs, by the which if it be not redressed I foresee they will make themselves and this action (which they undiscreetly use) odious and hateful unto this people, "wherehence" very great inconveniences in time may grow, whereby they think to gain much, but without Her Majesty's excessive charge are more like to lose all.

The next point that affordeth the good success of the inhabitation is the lessening of their greatness and so weakening of their forces.

They here most to be regarded are the Earl of Clancarr with his followers (as they term them), M'Carthy Reagh and his followers, which are all of one sept, the Lord Barry, the Lord Roche, and the Lord Fitzmaurice.

As for the Lord Barry and Lord Roche, besides that general caution that Her Majesty's bounty in granting them immunities, privileges, and restitutions of lands forfeited by the rebellious and traitorous actions of their freeholders, increase not their power, and lessen not the number of gentlemen which otherwise might have been planted in those lands to them restored, the giving of justice to their tenants and freeholders, over whom they must not be suffered to tyrannize, and who are to be kept in their possessions and right, will much avail to weaken their powers and to make their "dependences" heretofore enthralled unto them, and ready to be employed in every evil action by them to depend upon law and justice and to have a care of themselves and their posterity. For the Lord Fitzmaurice, over and besides the former two points which are generally to be observed here in Munster towards all lords of countries, a rent issuing unto Her Majesty of 120 marks, half-face, and 120 beeves yearly, with an arrearage of 1,000l. due out of his territory, which by reason of the desolation thereof can never be orderly or well answered, being by composition changed into some good quantities of land lying together, and the same bestowed upon English gentlemen that would inhabit and answer unto Her Highness rent for it that should countervail or exceed and surmount the former rents due, were to great good purpose, whereof I will here say the less, for that I have touched it before.

The last and not least point to lessen their powers is the extinguishment of certain barbarous customs and usages, and of rents, services, and exactions by strong hand and long tyranny imposed by the Irish lords and continued upon their tenants, which may best be performed, first, by putting some good laws severely in execution already made to that effect. Secondly, by authority given to the Council of this Province to examine what rents and duties were first due, and what after hath been imposed and exacted by strong hand and oppression, and therein to see redress. Thirdly, by some reasonable composition to be made between the lords and their tenants, with reservation of some annual rents from every of them unto Her Majesty, whereof the late composition in Connaught is a very good precedent. And herein falleth in consideration the abolishing of Tanist law (in margin by Burghley, Tannistry), whereby the eldest of the sept always succeedeth and hath the rest at his commandment; the dividing of those countries among the whole kindred, the principal of the eldest heir, and a rent from every of them to Her Majesty; the deciding of the controversies which grow between the competitors of countries, rather by arbitrement in dividing it between many, than judicially by giving it to any one, which cannot be done but by special favour, for the right will be proved on each side, it coming once to the depositions and testimonies of witnesses, as in matters of fact it must, whereof we shall further consider in noting the Earl of Clancarr's estate and the lords that hold under him.

The Earl of Clancarr, before Her Majesty created him earl, was by inheritance M'Carthy More, by the which, among the Irish, he was accounted the chiefest in this Province, as descended from them that before they were subdued to the crown of England were the Kings of the greater part thereof, and at the time of his creation and surrender of his former titles he had and ever since claimeth under his jurisdiction and dominion 14 several countries, besides some of less quantity, most of them possessed by such as have descended out of his house, from every of which he demandeth sundry duties and services, whereof many are abolished by statute.

The first is the country of M'Donoghoe (called Duallo), which hath within it three other countries, O'Chalaghan's country, M'Aunlief's country, and O'Keeffe's country. He claimeth in these countries the giving of the rod to the chief lords at their first entry, who by receiving a white wand at his hands, for the which they are to pay him a certain duty, are thereby declared from thenceforth to be lords of those countries. He claimeth also that they are to rise out with him when he maketh war, to maintain for him 27 galloglasses, besides to find him for a certain time when he cometh to their countries.

The second, the country of Muskerry, a very large country, wherein five other countries are contained, he claimeth of them rising out, the keeping of 30 galloglas, and finding of him for a certain time. The lords of this country, by taking letters patent of the kings of England, have exempted themselves from him, as they affirm. The third country is O'Sullivan More's; it containeth 100 plough lands. He claimeth there the giving of the rod, the finding of 50 galloglas, rising out, and in yearly spending the value of 20l. The fourth is O'Sullivan Beare's country, which containeth also 160 plough lands. He claimeth there rising out, the finding of 50 galloglas, the giving of the rod, and to the value of 40l. a year in spendings and refections. The fifth is O'Donoghoe More's country; it containeth 45 plough lands. It is now all in the Earl's hands by Her Majesty's gift. The sixth is the Lord of Cosmaigne's country; it containeth 84 plough lands. It is now all in the Earl's hands by Her Majesty's gift, or the most part thereof. The seventh is the Lord of Koislawny's country, otherwise called Sleught Cormac; it containeth 35 plough lands, whereof some are in the Isle of Valentia. He claimeth there the giving of the rod, rising out, the finding of 40 galloglas, and to the value of 40l. a year in spending. The eighth is the country of [M']Gillecuddy; it containeth 46 plough lands. He claimeth there rising out, the giving of the rod, the finding of 30 galloglas, and to the value of 20l. a year in spending. The ninth is M'Finnin's country; it containeth 28 plough lands. He claimeth the giving of the rod, the finding of 15 galloglas, rising out, and to the value of 24l. yearly in spending. The 10th is the country of Clandonoroe; it containeth 24 plough lands. He claimeth there rising out, and it is in the Earl's hand by Her Majesty's gift. The 11th is the country of O'Donogho Glan [O'Donoghue of Glenflesk]. He hath there no other duty but only 46s. 4d. of yearly rent; the country containeth 20 plough lands. The 12th is the country of Clandermonde; it containeth 28 plough lands. He claimeth rising out, the keeping of 16 galloglas, in yearly spending to the value of 40l. The 13th is Clanlawras [in O'Sullivan Beare's country?]; that country containeth 32 plough lands. It is all in the Earl's hand by Her Majesty's gift. The 14th is the country of Loughlegh, or of Teignitowin; it containeth 32 plough lands. The Earl claimeth it to be escheated unto him for want of heirs right and legitimate.

Moreover the Earl hath in chief rents issuing out of Barret's country by [near] the city of Cork 11l. a year, out of the abbey of Killaha 4l. a year or thereabouts, out of Ballinaskellig yearly as much, out of certain church land in Beare the like sum. Besides he hath in demesne land in the hundreds of Maygonnie [Magunihy] and Euraught about his castle of the Palace, his castle of Ballicarbery, Castle Lough, and the abbey of Vriett [Muckrus], threescore plough lands or thereabouts. In O'Sullivan Beare's country, Muskerry, and Duallo, or M'Donochoe's country certain plough lands, also in each of them of demesne land. All his lands and territories lieth in the counties of Desmond and Cork, and some part in the county of Kerry. The most part of his land is waste and uninhabited, which hath grown partly by the calamities of the last wars and partly by the exactions that he hath used upon his tenants. It is of great consequence and importance unto our inhabitation here that the Earl's estate be not enlarged, to the end that after his decease English gentlemen may be there planted, and all his dependences brought to hold only of Her Majesty, unless it so were that by Her Highness' favour and good liking his daughter were married to some worthy English gentleman, and his lands assured after his decease to the heirs males of their two bodies. In which case also, I wish the keeping of galloglas, rising out, [and] cessing of soldiers to be wholly extinguished, the spendings and refections to be reduced to some money rent, the giving of the rod to be abolished, and all those mean lords to hold their lands of Her Highness, these particular knots and combinations to be dissolved as nourishers of mischief, all to be knit in one knot of allegiance and loyalty to Her Majesty, the fountain of all justice and good government. It were to be considered whether any of those duties claimed by the Earl be extinguished by his surrender and not passed unto him again by Her Highness' grant, whereof I can say little for that I have not seen it. Divers of these countries are now in question, and more hereafter like to grow by reason some claim to succeed by tainistry, some by inheritance.

These controversies would in my poor opinion be best ended by arbitrement and never judicially. The worthier of blood to have the principal part, and for that every of the kindred are in hope, if they live to it, to be lords by the tainist law, each of them to countervail their future hope to have some present portion, every of them yielding some rent unto Her Majesty, which course in time would generally be desired, though some one or two who thirst for the whole might somewhat mislike it. And I doubt not but it would work the same good effect here that the tenure of gavelkind did in Wales, the reducing of which country into perfect obedience is the best pattern and precedent for this.

Now for that the Earl of Clancarr's daughter is said to be married to an Irish gentleman, whereupon some things fall in consideration worthy the looking unto, I have thought it fit to advertise your Honour of that I know in that matter, and of my simple conceit thereof. As there is nothing that the Irish more esteem than the nobility of blood, preferring it far before either virtue or wealth, so abhor they nothing more than disparagement, more odious unto them than death, which well appeared in that late communication of marriage between the Earl of Clancarr's daughter and supposed heir, and Sir Valentine Browne's younger son, which both by the Earl assented unto for money, and for reward by certain of his men negociated in the country very earnestly as well for the matter as for the manner of achieving, wrought generally in those parts a bitter discontentment, so much the "deeplier" printed in their minds, by how much the "earnestlier" it was borne them in hand (by those who undertook to effect it) that it must needs take place, for that it was intended by the state, so well liked of by Her Majesty and so resolved upon by the Earl. The Countess and young lady came unto me and divers of the gentlemen of the country to acquaint me with their discontentment, and some others of the best of those parts discovered their griefs by their letters. Their mind all then seemed to tend to the dislike of that place, and to a desire that she might be matched to some one of a noble house, wherein they made great protestations [that] they would be much persuaded by me. I withal understood by some that were privy to their minds that (fearing that match should be forced upon them) they had an intention to convey the young lady into O'Rourke's country, in the north part of Connaught, who not long since is married to the Countess of Clancarr's sister. I held it best in respect of the time to lessen their discontentment what I might, and to assure them that it stood not with the course of Her Majesty's most blessed government, neither would the laws of England permit that any should be forced to marry against their wills, and that they were to fear no such matter. I did besides both by letters and message deal with Sir Thomas Norreys, VicePresident of Munster, whom I then thought disposed to seat himself in these parts, that if he could like of such a match, and would to that end become a petitioner unto Her Majesty for the renewing of the Earl's letters patents into a further estate, I would assist him to the uttermost of my small endeavour, and no whit doubted but the country should most readily assent unto it.

After some pains taken he in the end misliked of it, being as it seemed otherwise disposed to bestow himself. So the countess, and the rest of those parts, continuing in the fear of the former match, and being in no hope of any better, concluded suddenly a marriage with Florence MacCarthy, who came with the Vice-President's warrants into the country to take possession of a castle and lands mortgaged unto him by the Earl of Clancarr. Of which match the efficient cause I take to have been a fond fear and a fond desire, the instrumental cause to have been fond counsel; the fear was that she must needs else have been married to Mr. Browne, the desire was to continue the house in the name, which by this match they were in a double hope to perform. First, by petition unto Her Majesty, hoping that Florence MacCarthy had those friends, and that favour with Her Highness, that his suit for the lands should be easily obtained. Secondly, if their petitions failed, they hoped on their power, for that Florence MacCarthy was like to be MacCarthy Reagh, and so by forces of both countries might attain his pretended rights, especially upon such opportunities as troubles in England or disturbances here might produce. A matter of some consequence, and very prejudicial to the action we here undertake, and so much the more to be looked unto, by how much the MacCarthies pretend to have right to the most of Munster, whereof sometime they were lords, and perhaps aspire to be lords again by means of this young gentleman, being by the father's side a MacCarthy and by the mother's side a Geraldine, and therefore "likelier" to be favoured in these parts. This new match, the new settling of the English, the discontentment of the Irish, the present state of the province, the expectation of some trouble in England, putting them in hope of due means and opportunity. The counsel herein both evil given and followed, proceeded (if not higher) from the lords of countries within Desmond, and principal officers about the Earl of Clancarr, who heretofore accustomed to extortions, oppressions, and spoils, by the which they were wont to be enriched, now bridled and restrained, they long for their former estate, and are impatient of justice and good government. The chief of these in this action were O'Sullivan More, lord of a great country, the Earl's seneschal and marshal, married to Florence M'Carthy's sister, able to make a hundred swords; M'Finnin, a lord of a less country, but more fruitful, of less power than the other, married to the Earl of Clancarr's base daughter; Donnell M'Tybert, the Earl's constable of his castle of the Palace, and chief officer of his lands, being principal of a populous sept called the Mergies, and foster father to the young lady; [Vice President Norreys at p. 548 says that Teig Merigagh was committed.] Hugh M'Owen, captain of the Earl's galloglas, and some others of their sort.

The remedies and preventions of their hopes and intents, in my simple conceit, will be to take order that Carbery shall descend according to the letters patents of Her Highness' most renowned father to Donnell M'Carthy, otherwise called Donnell Pipi, and his heirs lawfully begotten, and the agreement among themselves made contrary to the purport of the letters patents to continue no longer than during Sir Owen M'Carthy's life. Secondly, Her Majesty to grant no further estate of the Earl of Clancarr's lands, but after his decease to plant therein English gentlemen and inhabitants. Thirdly, in the meantime to cause good pledges and assurance to be taken of Florence M'Carthy, and the rest of the contrivers of this marriage, of their loyalty and good demeanour, which is in part already done. Fourthly, to continue the Earl of Clancarr within bounds of law and justice, that he oppress not his country, setting their lands and spoiling their goods, against all right, whereby the people, finding their safety in Her Majesty's government may the more affect it, and having amongst them few discontented may the less be disposed to innovations. What further or more strict course were in justice and good policy to be taken, I leave to your honourable and most prudent consideration. Pp. 25.

[It is evident that the writer of this and the following tracts was Sir William Herbert. In the first place he says, p. 530, "Wishing rather to have those footmen out of Monmouthshire, where by commission I set a hundred men in a readiness for Ireland two years since, than to have them of any band that hath continued here." And when we compare this with the letter of Sir William Herbert [Domestic, Elizabeth, page 374, 1586 ? Vol. 195, No. 86], stating reasons why so many are backward in religion in the county of Monmouth, we see his connection with Monmouthshire. In the second place, at p. 533, he says, "For the first, I have been careful in those parts wherein I am, to have them taught the truth in their natural tongue, to have the Lord's Prayer, the Articles of the Creed, the Ten Commandments, translated into the Irish tongue;" and again when we compare this with the letter of Sir W. Herbert to Burghley, of 30 April 1587, page 331, No. 42, where he says, "I have caused the Lord's Prayer and the Ten Commandments, and the Articles of the Belief, to be translated into Irish, and this day the ministers of these parts repair unto me to have it in writing," we see that this circumstance clears all doubt as to the authorship of the three tracts. Further, they were addressed to Burghley, for at page 531 the words occur, "to advertise your Lordship," and Burghley has gone all through them underlining and noting in his usual way. Although they are undated it is clear that they were written when Nicholas Kennam was made bishop of Ardfert and Achadeo in June 1588, for again, at p. 533, the writer says, "I have hitherto found very great want of a good and godly bishop, but now Mr. Kennam being here placed . . . . . . I am in assured hope . . . . these parts (that accords with the seignories assigned to Sir William Herbert) will easily be reformed;" likewise they were written after the marriage of Florence MacCarthy in March, and before his imprisonment on the 29 June 1588 was known to the writer.]

59. The Second. That the bands of footmen are at this present rather an offence than a defence to the province of Munster. Multa sunt quœ non videntur, multa videntur quœ non sunt, many things are that seem not, many things seem that are not. That the two bands of footmen now in Munster were first ordained for the strength, defence, and better government of the province is no way to be doubted or called in question; whether as the state of things now be, they perform the good which they pretend, is a matter worthy the weighing and consideration.

The body of a province may be resembled to the body of a man, whereunto medicines applied proportionable to his maladies are profitable, but otherwise administered prove both an unnecessary charge and oftentimes hurtful and dangerous to the patient, commodious only to the greedy physician; rebellious parts and persons may well be likened unto ulcers, to the which caustics and corrosives are to be used, till that which is deadly and corrupt be utterly consumed; if longer it be continued it cureth not, but killeth what is sought to be healed. Such is the estate of the wounds and ulcers of this province, that they further need not extremities or incisions, but rather require some well-minded Samaritan to pour into them the wine and oil of piety and justice; the brightest sword with rest rusteth; the best soldiers idle and unemployed grow dissolute and corrupt, and so much the more licentious, by how much the more they be borne withal by those who sway the sword of justice and government. The covetous surgeon to increase his commodity lengtheneth the cure, and paineth the patient to pleasure himself, and oft festereth the sound to gain by the sore. Theseus by the thread of Ariadne passed the intricacies of the labyrinth, and by prowess slew the mixed-shaped monster minotaur, and thereby relieved the thraldom of Thebes. We, with the line and level of reason, may pass through the maze of these mischiefs, and by prudence displace the mixed-formed evil we find, and thereby redress the miseries of Munster. It hath most prudently and providently been laid down in Her Majesty's articles for the inhabitation of this province, that none should be here both a possessioner of land and also have a band of soldiers, for it was well foreseen that private respects wherewith most are drawn would procure a desire of continual pay, which will not be without some broils, and to attain to the wished end the aptest means must be sought; sweet is the hope and easy is the way by spoils to stock lands, and great is the gain, to be paid by Her Majesty and to prowl for ourselves, if unto one that is not of singular stay and virtue so landed and banded authority and government be added withal. It maketh a three-headed Geryon, whose oppressions to repress is an Herculean labour. Sever we then what conjoined conduceth not, remove we from the body of the province what fretteth but will never heal, apply we such medicines as are proportionable to the maladies, and shun we such salves as continue the sores; let all be withdrawn that may draw us to private respects, let the wealth of the province be the scope of our labours; let not fear and force, which now needeth not, but piety and justice, establish the estate of government, and let our particular good flow in the general. Lastly, let us resolve with that notable sentence of Tully's in his Republic: Ut gubernatori cursus secundus, medico salus, imperatori victoria, sic provinciœ moderatori, beata civium vita proposita est, ut opibus firma, copiis locuples, gloria ampla, virtute honesta sit. Hujus enim operis maximi inter homines atque optimi illum esse effectorem volo. As to a master of a ship a prosperous course, to a physician health, victory to a general, so to the governor of a province, the happy life of the people is proposed, that it be firm in substance, rich in wealth, ample in glory, and honest in virtue, for of this work most good and great amongst men, I will have him the endeavourer and bringer to pass.

That it is behooveful and necessary that Castlemaigne be razed to the ground, and Desmond and Kerry made one county. The manifold inconveniences, that by annoying Her Majesty's good subjects, the soldiers planted in that castle by that archtraitor James Fitzmaurice did produce the long, chargeable, and troublesome siege, the then Lord President was forced to win it by, it neither being from without scaleable, nor from below mineable, by any possible means, nor as it is built batterable, without excessive and infinite charge. The sudden and easy surprise of it by the favourers of the Earl of Desmond upon his escaping from Dublin, are things so lately done that they cannot be forgotten, and of such importance as they ought not to be neglected, for as in many things so especially in this.

Rumor de veteri faciunt ventura timeri; Cras poterunt fieri turpia, sicut heri.

The rumour of things past us makes of future things afraid; Ev'ls yesterday attempted may to-morrow be assayed.

The constable now of that castle, who hath it for term of his life, is married to the Earl of Desmond's foster sister, his vice-constable an Irishman, married to another foster sister of the Earl's, divers of the ward Irishmen. What should let but that it should be yielded to the son as it was to the father, if likewise he should escape and come into these parts. Doth it not seem with such an alliance rather to be kept for him than from him. But the constable being an Englishman will be more loyal, but his brother, whom he put in trust, though an Englishman, in the time of trial proved treacherous, and was by the Earl of Ormond convicted of the relieving of the rebels, and for himself, as his care and capacity is not the fittest for such a charge, so his life and loyalty would soon be determined together by his alliance to gratify a Geraldine; such is the force of fostering in this nation. Thus may it become a nest and receptacle of rebels, an annoyance unto all these parts, a den of preys and spoils, and an occasion of exceeding great expense unto Her Majesty. The only way now to prevent this is to raze it, for it is of no use in the present and of peril in the future. By razing it Her Highness shall avoid great charges that now it standeth in, and greater threatened hereafter with the disturbance of Her Majesty's good subjects in these parts. But it may be thought the fittest place for a ward if any troubles should happen in Desmond; in truth it is not. There are many more convenient, namely, Killorglan, more in the heart of the country, and fitter to annoy the enemy and keep the country in awe, if any such thing should happen, and what needeth in the meantime an unnecessary charge. But it will be of importance, perhaps, against foreign attempts ? Of none at all; it neither hindereth their landing, nor is capable of any company fit to annoy an invasive force; besides, if any land in these parts, if they be masters of the field, they will be before it ere it can be victualled, and carrying a mind to take it, they will not want means to keep it; and the winning of one such place will annoy us more than the keeping of ten such can benefit us; therefore the meeter to be razed down, as unnecessary being kept and most noisome being lost. It is not to be omitted that most prudent and politic princes, to gratify their subjects with things plausible, have done many things in exact justice scarcely allowable, but this thing, most lawful, beneficial, and necessary, would in these parts more than any one thing be gracious and plausible, for the trade and traffic of that place in relieving rebels and spoiling subjects many have felt to their undoing, and all men know to their general mislike. From one poor company of freeholders dwelling at Lystrie, and some other of that neighbourhood, always good subjects, and some of them slain in Her Majesty's service, the better part of 1,000 kine were taken away by the ward of that castle. To reckon all their oppressions were to rake up the stable of Augeas. What hath been may be; things sharply felt are shrewdly feared. It is chargeable, it is unprofitable, it is perilous, it is odious; therefore it is to be razed. So shall great charges be saved, great peril be prevented, the people generally be wonderfully gratified, and God no doubt be greatly pleased, whose justice reacheth not only to persons but also to places, and with the ruin of that castle, together with the end of the tyranny both of the Geraldines and the M'Carthies, whose unjust government, joined with their mutual discord, hath wasted both Kerry and Desmond, and wrought a hatred and dislike between the one country and the other. An union of both countries is meet and necessary to be made into the body of one county, whereunto justice may have its due, ordinary, and unrestrained course, being the vital spirit that giveth life, health, and vigour to the whole commonwealth, whereof Her Majesty is the head and fountain, and all inferior magistrates the veins and arteries which convey it to every particular member. Those countries, their natural disposition extinguished, together with their names, may of the river that runneth through them both be aptly called the county of Mayne, to which union not only their situation and the smallness of each of them, with the defect of jurors sufficient in any of them, and especially in the one, doth move, but many reasons also in policy, do necessarily induce; customs and habits grown into a nature cannot be altered but by an innovation. Partialities mixed may make indifferencies, as contrarieties compounded do make temperatures. The greater store of men fit for office there be, the better election from time to time may be made. Government among a few hands is soon turned either into tyranny, into faction, or into corruption. Small things are smally regarded, and the sheriffwick of mean counties are mean, men's suits, who will as meanly demean themselves, and an unworthy and ravening officer is a plague to the country and a dishonour to the prince . . . [two Latin quotations from Cicero] . . . . . I think myself yet to have spoken to no purpose of the commonwealth, unless it be confirmed that it is not only false that without wrong it cannot, but that it is most true that without exquisite justice it cannot, be governed.

That as the marriage of Florence M'Carthy to the Earl of Clancarr's daughter tendeth to the disturbance of these parts, if it be not prevented, so as great and as dangerous troubles will grow otherwise if it be not looked unto in time.

Since the discovery of Florence M'Carthy's drift to join in himself Desmond and Carbery, and so to erect again the greatness and tyranny of the M'Carthys, a counterpractice to the self same end, but by other means partly for the hatred borne to our new inhabitation, partly for the malice and dislike borne to Florence M'Carthy, but chiefly for the desire to greaten their faction and maintain the name and force of M'Carthy More hath been entered into, the chief doer whereof was Sir Owen O'Sullivan of Bearehaven, he bearing an impatient mind of our neighbourhood, and thinking himself wronged by Florence M'Carthy, who promised to marry his daughter, and fearing some diminution of his own estate, by the suit of his nephew Donnell O'Sullivan, and desirous to have a friend of a M'Carthy, and so to make his party good howsoever the world went, having on the one side the Lord Barry, his brother-in-law and firm friend, who is but too great, contrived forthwith first to enter into a league with Donnell M'Carthy, the Earl of Clancarr's base son, whom that country doth much favour and would fain have to be M'Carthy; secondly, to ally himself with the Knight of Kerry's son and heir, the chief of the Geraldines in these parts, and likeliest to draw evil humours unto him, and to grow to bad action, being not able to recover what his father hath sold but by force and strong hand. These purposes Sir Owen did so pertinently pursue that within few days after that marriage, he sailed from his country to Desmond, and there entering into a league with his greatest enemy before Donnell M'Carthy, the Earl of Clancarr's base son, thence came to Kerry and concluded a marriage between his younger daughter and the Knight of Kerry's son and heir, hoping no doubt that they two should draw unto them the evil disposed of Kerry and Desmond, and he joining with them his forces out of Beare, Bantry, and other parts of the county of Cork, should be able when they saw their time, to do in these parts what they thought good, which their purpose I hold no less requisite to be prevented than the former drift of Florence M'Carthy to the like end. The remedies seem unto me to be these. Sir Owen O'Sullivan's commitment to ward, till he put in good pledges and assurances for his loyalty, the apprehension of the Earl of Clancarr's base son, and the execution of him by justice or by martial law, for breaking Her Majesty's prison and living ever since without pardon or protection, not submitting himself to due authority, or the employment of him in some service out of those parts; the giving of justice to the inhabitants of Desmond, that neither by the Earl of Clancarthy's unlawful grants they be deprived of their land, nor by the payment of his debts spoiled of their goods, so finding the sweet of Her Majesty's government, they shall repose themselves thereon most contentedly, and will not be drawn to any tumult, which the Earl doubtless in favour of his base son would gladly urge them unto when time served, and thereunto his dealings seem unto me to tend, directed by others that look beyond the present. The taking of good sureties of the Knight of Kerry's son for his good demeanour; the deciding of the controversies between Sir Owen O'Sullivan and Donnell O'Sullivan by arbitrement, that the land may be divided and he so weakened. By these means in time applied this practice will be "ruinated," the good estate of these parts established which whosoever will be careful of it shall be behooveful unto him obstare principiis, to withstand the beginnings, for though in the end with charge and trouble they might be overcome, yet it is not the best course to let it grow to the worst, for as it is well noted in the Academics unto Varro, Digladiari semper et depugnare cum facinorosis et audacibus quis non tum miserimum, tum etiam stultissimum dixerit; to fight always and to combat with the lewd and desperate, who will not say to be a thing most miserable and also most fond. pp. 10.

60. The Third.— A note how that Her Majesty shall save 2,000l. a year in the province of Munster, and be as well served as at this present. First, whereas the two foot-bands in Munster do stand Her Majesty in 2,600l. a year or thereabouts; by committing them to the charge of the undertakers, and dividing them equally amongst them, Her Majesty shall save one half, for they will content themselves with a groat a day; expecting no victualling money, the soldiers shall lie in better sort to do service upon all occasions. The garrison places shall be greatly eased, which is now much and continually grieved, and when cause of employment shall be, every gentleman shall answer for the doings of his people, if they shall extort, or do aught amiss, and shall either satisfy for their wrongs or bring them forth to be punished, whereas now neither of both is done, to the great grievance of the country. Thus, besides all these commodities, Her Majesty shall hereby save yearly 1,300l. Moreover the garrisons of Askeaton and Castlemaine would be discharged as altogether unprofitable and superfluous, by which Her Majesty shall save 500l. a year, and with as great reason are garrisons to be placed in Cheapside, as where they are. Furthermore, whereas Her Majesty is at the charge of 25 horsemen and 30 footmen yearly to attend the President, 25 horsemen were sufficient, having upon all occasions the provost marshal's 25 horse, the other 200 footmen, and the force of the province to attend him. By cutting off that 30 footmen Her Majesty saveth 300 threescore and odd pounds or thereabouts. Lastly, where Her Majesty's allowance to Sir Valentine Browne is 40s. a day, it might also be cut off, and Her Majesty's service without that charge better set forward, amending only the fee of the Chief Justice of the Province 100 marks a year in respect of his care in finding of offices and having an eye to these causes, together with the Attorney, whose fee may be augmented out of the perquisites. So in the whole may be saved 2,500l. a year and upwards, allowing 50l. fee to an Auditor for that Province. Also how Her Majesty shall reap a revenue of 2,000l. a year and upward within this Province, where now Her Highness is answered nothing, nor like to be answered anything, divers rents and duties being accrued unto Her Majesty within this Province, as well by the attainder of the Earl of Desmond as by the surrender of M'Carthy More, and sundry other ways which now yield to Her Majesty no profit at all. By composition with the lords, tenants, and freeholders upon such duties of Cess, Srah, and Mart, and such like, as they are to be charged with a revenue well near of two thousand pound of rents duly to be paid will be easily made, to which end, first, the lords holding under M'Carthy should from henceforth hold under Her Majesty. Secondly, out of every plough land they should yield yearly a certain rent, in respect whereof they should be cessed to no soldiers, nor pay anything to the President's provisions, but at such rates as things are at in the market. Thirdly, they that owed rents and duties to the Earl of Desmond shall in like sort be compounded withal according to their plough-lands, to be in like sort freed. And whereas some undertakers have gotten great numbers of them into their letters patents, undertaking to collect the duties they owe and to answer them to the Queen, it is but a colour to molest the poor people, to tyrannise, and to keep Her Majesty without anything, therefore to be reformed; and if some of them be so poor that they cannot pay the rent of the whole, then the lands to be divided into portions, and he to occupy such portion as he is able to pay for, at such rent as shall be agreed, Her Highness to set out the rest to whom Her Highness please, if within three years the old tenant cannot pay the whole rent. Fourthly, where divers ancient gentlemen and possessioners of large territories time out of mind are molested with suits and exactions by their higher lords, who seek to wrest them out of their lands, as the O'Learys and others by the Lord of Muskerry, these would be defended in their ancient patrimonies, relieved of wrongful exactions and cess as aforesaid, and would easily be induced in respect thereof to yield a yearly rent unto Her Majesty. Fifthly, by the first fruits and twentieths of spiritual livings which are not in these two counties yet rated, nor consequently any part thereof levied, some yearly rent may be raised. Sixthly, by customs and imposts, traffic being established, the country inhabited, the land manured, and pirates here not harboured, some commodity may yearly grow. Seventhly, by perquisites of courts, sessions being duly holden in every county, 1,000 marks a year at least throughout the Province will be reaped, where now nothing at all is had. Herein the Attorney would be charged to be diligent, and out of the perquisites his 10l. fee a year would be made 50l., in respect thereof to take care, together with the Chief Justice, of the due form and finding of offices upon lands and wardships concealed in the Province, and other matters belonging to Her Majesty's commodity and revenue.

The commodities that hereby would grow to the Province which are very great, and the means how to perfect it.—First, whereas now the cess and vexation of the soldiers make the labouring man careless of his tillage and husbandry, holding as good to play for nothing as to work for nothing (the soldier consuming the fruit of his labour), that tyranny taken away he and his will duly labour and manure the ground to sustain and benefit themselves thereby, whereof plenty of all things necessary would ensue. Secondly, the freeholder when he knoweth what rent certain he is to pay, and is freed from all extortion, he will frame himself to inhabit his land, now desolated yearly to pay his rent, or at least such portion as at the first he may, and afterwards the rest as he shall grow able, whereas now he feareth to manure any part at all. Thirdly, the gentleman oppressed with the tyranny of his lord, for fear whereof he was wont at his lord's direction to run into any disorder or mischief, now finding his safety and refuge in Her Majesty's laws and most blessed government, will both embrace it most willingly, answer his duties to Her Highness, and frame himself to a loyal, frugal, and orderly life. Fourthly, the terror, grievances, and continual vexations now used ceasing therewithal, that alienation of mind and loathing of our government grown by disorder would also have an end and be altered to good liking and contentation. Fifthly, the sinews of tyranny would by these means be enervated, the roots of oppression extirpated, the good subjects better defended, Her Majesty's revenues increased, her charge lessened, every part of the province relieved, and the whole better ordered and contented. Sixthly, as the fear of spoil both by sea and land hindereth both traffic and husbandry, so security established in both furthereth them, to the great benefit of the commonwealth, as it is well observed by Cicero in his oration pro lege Manilia. Cœteris in rebus cum venit calamitas, tum detrimentum accipitur; at in vectigalibus non solum adventus mali, sed etiam metus ipse adfert calamitatem, nam etiamsi irruptio nulla facta sit, tamen pecora relinquuntur, agricultura deseritur, mercatorum navigatio conquiescit. Itaque neque ex portu neque ex decumis, neque ex scriptura vectigal conservari potest. A commission for these compositions to be made and security to be established would be directed to the Vice-President and Chief Justice upon their ordinary allowance, there would be added unto them the Master of the Rolls and some other of best credit and judgment. To have the more care of the orderly laying down and levying of these and other duties a treasurer of the province would be appointed as a general receiver, who for his better attendance and continuance in his place might have the charge of some horsemen, and be in all matters joined in commission with the President and Chief Justice, so that no orders should pass but with two of their hands at the least, should therefore give his attendance at the Council, and be allowed his diet there for him and 10 men. His care generally to be for the good government of the province, and in particular for Her Majesty's duties and revenues; he should have underneath him a particular receiver in every county, by him to be appointed, whose doings he should answer [for], they to be allowed for collection and portage 12 pence in the pound. He to have authority to pay all the soldiers within the province, to defray Her Majesty's charges in diet and fees unto the President and Council, and other pensions within Munster, the overplus to bring into the Exchequer of Dublin. In respect of which his charge and travail he may also be allowed some yearly fee, and until the revenues of the province do grow sufficient to defray all these charges (which requireth a time) to receive yearly such portion of treasure to that end as shall suffice thereunto. Finally, some worthy gentleman were to be appointed for every division, as one for the county of Cork, Waterford, and Tipperary, another for the counties of Kerry, Desmond, and Limerick, to take care of this action whereby it may be advanced and accomplished, which now is ready to quail, and to lose both credit and effect, by reason of three sorts of people that have entered into it; the first willing but not able; the second able but not willing; the third neither willing nor able. The first sort are such as have employed themselves in this action with great desire to set it forward, and benefit themselves thereby, but wanting either wealth or wisdom, or both, are like to bring it to no good end, but to participate of Phaëton's folly and fortune. Many of these are such as have wasted themselves, and thereby can add little or nothing unto this action but ignominy. The second sort are such as being in better case have charge of soldiers in these parts, keeping of garrisons and other martial government; these can be contented to possess here lands and territories, but to further this action and to bring it to prosperous end they like not, for that they foresee the good success thereof will work the extinguishment of their pay. Which to prevent, three things they propose unto themselves. First, to disorder these parts all they may with injustice, with terror, with tyranny. Secondly, to oppose themselves against all such as have entered into this action, and are both willing and able to go through in it. Thirdly, to dehort all of like quality that they think inclined thereunto, alledging it to be troublesome, chargeable, cumbersome, perilous, unprofitable, unpleasant, full of intricacies not worthy the industry of any worthy mind; to this end they blaze the greatness of the rent, the remoteness of the place, the barrenness of the land, the barbarousness and treachery of the people, and whatsoever else may breed discontentedness and dislike. The third sort are such as have crept into this action with no intention to continue it, but during the years of immunity will reap some benefit, and when the time of payment comes Her Majesty shall seek new tenants. These caterpillars would be shaken off in time. The second sort esteemed of like Massagetes, according to their virtue and good meaning. The first would have their portions proportioned answerable to their powers and ability. A worthy gentleman and principal undertaker would be charged with the care of every division, whose wisdom, justice, fortitude, and moderation should set forward this action, repress the tyrannous, reform the barbarous, draw to him into this action such as are industrious, and reject such as are unable, unworthy, fraudulent, and injurious, who, if any occasion of service should be, might have choice men sent him out of his country, that under his conduct would serve Her Majesty faithfully and effectually; so should rebellion soon be quenched, rebels soon cut off: whereas now soldiers ill chosen committed to captains ill disposed, makes Her Majesty ill served rebel lions continued, evil members fostered, the best subjects spoiled, Her Majesty's treasure vainly consumed; nothing by the captain and soldiers desired but that the wars may be lingered, that they may gain by prey and by pay. To conclude, they that in this good action shall employ their times and travails shall, in my poor opinion, demerit that praise that is not only of men, but also of God . . . . two long Latin quotations. pp. 9.

61, 62, 63 [ June]. Modern copies of the above tracts made for Sir Joseph Williamson. pp. 11, pp. 5, and pp. 4.

[June ?]

64. Names of [such] rents in money, victuals, and other revenues as were due to the late Earl of Desmond, and of the customs and exactions used to be taken upon his tenants, viz., Shraughe, Marte, Chiefry, Coiny, Livery, Kernety, Sorren, Galloglas, Kerne, Bonnaught beg, and Bonnaught bur, Musterroon, Tax and Tallage alias Southe, Refection, Coshery, Cuddy, Gillicree, and Gillycon.

[This paper is placed here in juxtaposition with Sir W. Herbert's three tracts as it describes the customs he speaks of. Another copy of this document, with the meanings of the terms, has been printed in full in the Third Volume of the Calendar of the Carew MSS. p. 71.]

[June.]

65. A brief note of the surrenders made by sundry persons in the time of Sir John Perrot's government, as the same were set down by James Ryane, with the auditor's certificate of the rents now answered Her Majesty for the same, viz., Coconagh Maguire, Ogy O'Hanlon, Con M'Neil Oge O'Neill of the Little Ardes, Ross M'Mahon, Sir John O'Dogherty, Sir Morough Ne Doe O'Flaherty, knight, Conyll O'Mulloy in Offaly, William O'Ferrall Bane, Gilleruewe M'Faghny in the Annaly, Faghny O'Ferrall Boy of Annaly, William Burke of Loghmaske in Connaught, Hubert Borke aliàs M'Davy in Connaught, Shane M'Costilloe, Hugh O'Conor of Ballintobber in the county of Roscommon, Brien Duffe O'Brien M'Donough in the county of Limerick, Ever M'Rory of Kilwarlyn in Ulster, Hubert Boy of Castleton, co. Galway, Walter Wale of the Droughtin, county Galway, Richard M'Morice of the Baroes in the county of Mayo, and Donnel O'Madden of Longford in the county of Galway. Certified by Nicholas Kenney, deputy auditor. pp. 7.