BHO

Elizabeth I: volume 166, July 1592

Pages 537-564

Calendar of State Papers, Ireland, 1588-1592. Originally published by Her Majesty's Stationery Office, London, 1885.

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July 1592

Vol. CLXVI. 1592. July—September.

July 1. Rathfarnan.

1. The Chancellor Archbishop Loftus to Burghley. Attributes the complaints against himself and the Bishop of Meath to Barnaby Ryche, Legge, and Piphoe. [Autog.] pp. 1½.

July 1. Hill of Lacke M'Keghoe.

2. Instrument whereby Arte M'Dermond and his sept agree to certain articles touching forgiveness of arrearages of 1,700l. and also 60l. per annum. Most humbly according our bounden duties being very well content to grant unto the articles brought by Art M'Dermond touching the forgiveness of the arrearages which we suppose to be no less than 1,700l., and also 60l. yearly from Michaelmas next beginning to be paid not only for seven years following, but also for ever, if so great grace, mercy, and clemency, we may obtain of your Lordships' good favour and intercession for us, which we find a burthen great enough. And looking now thoroughly and deeply into our own states, troubles and manifold casualties and dangers, considering the situation of these borders, although at first by a few with sudden resolution was supposed our abilities might extend paying of a greater portion together that our furnishing also of our 40 kern, with the 40 beeves, 40 muttons, and 40 pecks of oats, we esteem well worth that sum of 80l. yearly, as by Art M'Dermond's note. And therefore finally with most willing hearts and daily prayers of all the poor inhabitants for this purpose assembled, we crave that your Honours would grant your letters of favour accordingly, which to perform we are ready upon return of answer out of England, and then to surrender, receiving letters patents to every freeholder for his own portion with the remission of the charges of doing thereof, because it will be a great number of patents. Always provided that our lands be exempted from bearing with the county of Carlow or county of Wexford, in which both counties our lands do lie, but to remain charged by themselves upon these reservations and composition as declared, and also to be allowed for such lands as are fallen into the Prince's hands as Ballyconor and Glascarrige possessions which sometime we did impose as our own, and thought it to be good right. So shall we remain most thankful, and able to perform these payments, whereof according to our bounden duty, giving reverend advertisement, we have subscribed, or such as could not write caused to be subscribed, their names at the Hill of Lacke M'Keghoe.

Signed, Arte M'Dermot, David Archer, Turlough Duff M'Murrough Oge, Mortagh M'Person, Gilpatrick Duff, Donough Duff M'Dermot, Ferdorough M'Brane, Donnell M'Cahir, Cahir M'Dermot, Donnell Reogh, Dermot M'Hugh Moyle, Teig M'Davy, Owen M'Gilpatrick, Gilpatrick Oge M'Lesagh, Phelim M'Donnell, Ferdoragh M'Person, Owen Duff M'Edmund, Shane M'Riccard, Phelim M'Davy More, Edmund M'Shane, Donnell Ne Dufferie, Richard Waffer, Donough M'Euer, Dermot M'William, Alexander M'Morgan, Melaghlin M'Turlough, Gerrot M'Edmund, Nicholas M'Teige, Teig Reogh, Redmund M'Lucas, Donough M'Wadock, Shane Sharve, Mortough M'Hugh Owen M'Morough Oge, Richard M'Euer, Art M'Morough Oge, and James M'Teige. Copy. pp. 1½.

July 2. [England.]

3. Patrick Lord of Dunsany to Burghley. It is now a year since it pleased you to give direction that I should have had 300l. as parcel of that which was then due to me, by which I received present relief, then being in extreme want. I paid all my needful debts that grew for daily sustenance, and followed the controversy into which my ungracious son brought me, who lies in the King's Bench for 100l. debts and is ever like to do, as he has done this half year, except he be released and relieved by me, who am myself (save for his imprisonment) in as ill taking as he is, and yet had he starved for mere lack ere this, were it not for the commiseration of mere strangers to him. Having therefore so laid out the said money as that these four months past I have not had one groat thereof, and having beside no other thing to live on, but only the entertainment which I have from Her Majesty (the little living I have being allotted to the maintaining of my said men), I humbly beseech you to be now again so good to me, as having neither credit, meat, nor raiment, I may have by your direction such another supply, assuring your good Lordship that there is above 500l. due to me, though I, by the negligence of my agents in Ireland, have no warrants, wherein, as Sir Henry Wallop can in part satisfy your Lordship, so I humbly beseech your help, and do take my leave. [Autog.] p. 1.

July 7. Kilmainham.

4. Lord Deputy to Burghley. Intends to proceed to Dundalk the 15th instant and make the Earl of Tirone deliver the best of the people that spoiled M'Kena to be executed at Monaghan. By the other letter from Sir Richard Byngham, you may understand the state of Connaught, and what effect the Romish practices have wrought there, which hitherto (until it has now discovered itself) was thought to have been wholly by the procurement of Hugh Roe O'Donnell, whose heart and finger I am persuaded was also in it. But I doubt not (as you may see by Sir Richard's letter) God giving good success, their pride will shortly be well abated. In the meantime I have written to Sir Richard (the Council being at this present in commission all absent from me) to look carefully unto his charge, and that he shall want no fit supply that I can give him. But how (if he shall require any) I shall be able to do it, I leave to your grave consideration, having no money to victual the soldiers monthly with, after this present July, much less to send them abroad with any imprest, which of necessity they must have if they go to service, they lying also "scatteringly" in Munster, Connaught, Monaghan, Carrickfergus, and in Leinster to stop the passages of such lewd [persons] as otherwise would be stirring therein among the good subjects, and therefore I most humbly beseech you that we may be relieved with money; and more Councillors speedily sent over. What the number of soldiers is you know, 750, and how they be placed, as before I have formerly been often bold to trouble you with.

For Cusack's matter, I have yielded thoroughly to it, to see to what effect it will grow. Your two letters of the 6th and 8th of the last sent by Shelton, I received the 28th of the same, humbly beseeching you to pardon me that I have not now answered them, for that I am not in so good state of body as I could wish, but it shall not be long before you shall receive answer to them; and I trust not to be found a waster of Her Majesty's revenue and profits, as (it pleased you in one of your letters to "make" me know) I am accused for. If the Earl of Tyrone were sharply reproved thence by letters from Her Majesty and your Lordships for suffering those under him in this manner to disturb the quiet state of the county of Monaghan, it would no doubt hold him in great awe, and I hope work some good effect, though now and then he does riot carry that due regard to the "admonishments" from the authority here that he ought to do. [Autog.] pp. 2. Incloses,

4. I. Thomas Flemyng, Baron of Slane, William Bathe, and Sir Roger Wilbraham Commissioners to the Lord Deputy Fytzwylliam. Yesterday we began the sessions at Monaghan, where all the gentlemen and freeholders appeared most dutifully before us, and we proceeded by indictments and arraignments to the delivery of gaol, wherein we have found the people very conformable. And now this day there came a grievous cry and complaint to us in open sessions that Patrick M'Kenna's country, now in the absence of himself and his freeholders in that barony of Trough, which adjoins next to Tyrone, was preyed and spoiled this morning at 9 o'clock by Con O'Neill, the Earl's son, and the prey carried into Tyrone, so as we were forced (after we had cleared the gaol, causing those that were condemned, being but three in number for felony, to be executed, and the rest to be delivered by proclamation, and suspected persons put upon sureties) to adjourn the sessions, having ordered some bills for controversies of divisions of lands and other bills of most weight brought before us. Which sessions we durst not continue any longer fearing lest, in the people's absence, a greater incursion might hap this night, as the gentlemen themselves greatly suspected. We think our service in these remote and dangerous parts will be very little available hereafter, unless the bordering countries, which lie as near the State, may be reduced to like obedience; which we refer to your Lordship's consideration. In the county of Cavan we found the gaol very full of prisoners and multitudes of causes, all which we ended as shortness of time would suffer. Eight were condemned, whereof five were for several wilful murders, all which suffered according to their deserts, some of them being chief of the blood of the O'Reillys. It is thought good example of severe justice will terrify other malefactors to the quiet of that country. Now we are ready to travel to Carrickfergus, being our next sessions for the county of Antrim. Since the writing hereof we understand the prey was rescued into woods and fastness by the barony of Trough. But yet M'Kenna stands in fear. We have written to the Earl to inform you of the truth of the attempt, and also praying him in the meantime to see Her Majesty's peace kept.

[Indorsed by Fytzwylliam, "Received from the Lord of Slane and the rest in commission at Monaghan the 7th of July in the forenoon.] Monaghan, July 4. [Autogs.] p. 1.

4. II. Sir Richard Byngham and the Council of Connaught to the Lord Deputy Fitzwylliam. Upon Friday last the Burkes, commonly called the sept of Ulick, wrote hither for assurance for some of them to come in and deal for the rest, which accordingly we sent unto them, and the same day they being in great consultation about their business, they were in a manner generally agreed to come in and submit themselves to Her Majesty, but the friends of Feriagh M'Donnell (who then lay as prisoner here to be tried and since by justice is executed) having some hope that Feriagh might be recovered and taken away, for that he lay without the castle in a small cabin, dissented from the rest, till they had "experimented this practice." And so urging the Burkes with all vehement persuasions did at length win them to their purpose, saving a few of the best of the Clandonnells, who utterly disliked of the matter and forsook them. They came forward towards this place all the night long, and at every half mile or quarter of a mile were encouraged to proceed by such churls and boys as the said Feriagh's friends hadset of purpose in the way, as messengers and espials that had been here or lurking not far off; otherwise if they had not been still relieved with comfort that we were all quiet and "on" sleep, they would never have durst to have attempted the matter. About one hour before day yesterday morning, they gave us the alarm, which being answered by the watch and such of the soldiers as lay without the trench, they were presently repulsed, and "took them to their heels" apace, leaving six of their men dead in the place, and as we are informed some fourteen or fifteen of the rest are sore hurt, and of our company some five soldiers hurt but not one slain. God be praised for it. This is the truth of that which has happened, which we thought was our duty to advertise to you, lest other reports should be made there of untruths and greater matters than there is cause, and by this it may appear what a faithless people those are of this sept that will observe no conditions of truth, faith, or Christianity. But God be thanked we assure ourselves they neither dare or can do anything in respect, for they be but a handful of beggarly and cowardly wretches, and we do not doubt but ere long be, we shall bring all things here to a good end, and the people of this county to a better reformation in the points of their duty than heretofore. We have not heard since what is become of the Burkes more than that they drew towards the pass, as men (or rather beasts) heartless and much ashamed, but we expect this day farther news how they have disposed themselves. This was but one of their accustomed treacheries and such another action as they attempted against the sheriff here the last summer, which, if we will bear, they will rest no worse subjects than before; we will carry all things for the quiet of the country in as temporizing a manner as we may. Their chief strength and force was here at this their onset, against which there was not above 16 men that fought and "expulsed" them, and some of these in their shirts, for none was provided but the watch, or could the rest come in (the alarm was so sudden) till the Burkes were fled. We have proceeded in our sessions, and do hope within a day or two to end the same, in which meanwhile or upon the first occasion we will advertise you of all things.

P.S. The Burkes were willing and resolved to have come in and submitted themselves to Her Majesty as yesterday, had not Feriagh M'Donnell by his friends persuaded and urged the Burkes to this enterprise: and that by some of those who were here with us the same day at the sessions, we are thereof by divers means assured; and especially by one of their best men, one of the Clandonnells, who lies here yet alive, having his thigh bone broken with a bullet.

[Signed] R. Bingham, U. Clanrycard, E. Athanry, Thomas Dyllon, Nicholas Mordant, John Byngham, Ger. Comerford. [Autogs.]

P.S. 2.— Since the writing and ending of our letter we have received three several letters from the Burkes, desiring assurance again for some of themselves to come in and deal with us, which we have once more sent to them, and what the effect thereof shall be we will advertise to you in our next. 1592, July 2, Clonigashall. Seal, with arms. pp. 2½.

4. III. Walter Cusack's offer to the Lord Deputy to become a spy upon the Pope's Archbishop of Tuam and others come from Spain, promising an aid of Spaniards and other foreign nations after one year. 1592, July 5. Copy. pp. 3.

July 8.

5. George Castell to Lord Burghley. Accusations against Sir Richard Bingham. Desires Burghley to examine the account of his case sent by the bearer. Prays for letters to the Lord Deputy, with express order for him to be satisfied for his losses and hindrance. The governors of Ireland are generally directed by their servants. [Holog.] pp. 3.

July 10. London.

6. Mrs. Mary Carleill to Burgley. May it please you to understand that there is due to my husband, Mr. Carleill, and to his small company, the sum of 1,000l. or thereabouts, as, by warrants, signed by the Lord Deputy and Council in Ireland, which are now in Sir Henry Wallop's hands, doth appear. I know my husband has acquainted you with our need, which, I assure you, is rather more than otherwise, and therefore to rehearse the same now would be but troublesome to you, and but grief to myself. Now understanding that there is a Privy Seal for Ireland, I am most humbly to beseech you to vouchsafe your favour so far as to be means that some half or third part of the said arrearage may be paid. And as my husband has been ever bound to you, so shall we never cease to pray for your happiness and prosperity. [Autog.] p. ½.

July 10. Greenwich.

7. Privy Council to the Lord Deputy and Council. Edward White, the bearer, to be forthwith restored to the office of Clerk of the Council of the province of Connaught and Thomond. Copy, p. 1.

July 10.

8. Robert Legge to Burghley. Desires to be returned again to his office. Wishes that Colman may be put to his pension. [Autog.] p. 1.

July 11. Austin Friers.

9. Sir H. Wallop to Burghley. Certifies the state of Mr. Ralph Lane's entertainment as Muster Master in Ireland from 15 January 1591–2. [Autog.] p. l.

July 12.

10. Lord Deputy and Council to the Vice-President and Commissioners in Munster, for a composition in lieu of cess. Copy certified by Sir T. Norreys, Gardener, Wilbraham, and Justice James Golde. pp. 2.

July 12.

11. Note of money due to several Irish pensioners usually paid in England, viz., Brian Fitzwylliam, George Thornton, Francis Stafford, John Barrington, John Burtall, Roger Goodriche, William Piers, and Thomas Plunkett. p. 1.

July 12.

12. Captain John Burtall to Burghley. His difficulty in obtaining payment of his 2s. pension. Prays for employment in the field. [Autog.] p. ½.

July 12.

13. Petition of John Rawson to Burghley. For a lease for 50 years of some such quantity of concealed land as he shall entitle Her Majesty unto in Ireland. p. 1.

July 12.

14. Certificate of the reckoning of the Baron of Dunsany. With an order by Burghley for an imprest of 200l., as it would appear, for there is 200l. written in Burghley's hand. [Autogs. of Sir Henry Wallop and Chas. Huet.] p. ½.

July 12.

15. Petition of John Morgan, gent. Administrator of the goods of Sir Thomas Williams, deceased, to Burghley. For letters to certain persons to cause to be paid debts due to the said Sir Thomas Williams. p. 1.

July [13.]

16. Sir Henry Harrington to Burghley. For payment to the bearer, Mr. Thomas Brabon, of the remainder of an old bill of 408l. [Autog.] p. ½.

July 13.

17. Thomas Brabon to Burghley. For payment of 407l. 19s. 5d., the remainder of a bill of Sir Henry Harrington's. [Holog.] p. ½.

July 12.

18. Petition of Thomas Brabon and James Ryche to the Lord Treasurer. For the payment of 407l. 19s., due to Sir Henry Harrington, as they are bound for money taken up by him. p. 1.

July 13.

19. Matters to be considered on for the despatch of Sir Geffery Fenton. The composition for cess to be increased. pp. 2.

July 14. Clonigashall.

20. Sir Richard Bingham to Burghley. Last week, as we were keeping of sessions here, the Burkes within the pass, called the sept of Ulick, thinking to have taken away certain prisoners which lay in a small cabin without the castle, did secretly in the dead of the night make their attempt for that purpose; but the alarm being answered by the watch and a few others of the soldiers, the said Burkes were reasonably welcomed to the loss of "an eight" of their men, which they left dead behind them, and as many more that are dead since of such hurts as they received here, and we lost not any one man, God be blessed for it, nor but three hurt, which are well recovered already. They were drawn to do this by one Feriagh M'Donnell, a chief captain of their gallowglasses, who was then amongst the prisoners to be tried the next day, and since by justice was executed, being as evil a member as ever was bred within the county of Mayo. The Burkes attempted no matter of outrage hitherunto more than this, which they allege was hardly drawn on by such of the ClanDonnells as were friends to the said Feriagh; but, indeed, besides the division which the fact made amongst them (for divers of the chief ClanDonnells refused to join with the Burkes therein) the very reproach has done much good, for there was not above fourteen soldiers that fought against all their force and repulsed them; but they be very beggars and great cowards for the most part. I am bold to send you here inclosed the copy of my last letter to the Lord Deputy [of July 13], which advertises particularly the state of things in this county, and I hope by Saturday next to bring things to a good conclusion here, for that is the day which I have appointed the Burkes to bring in their pledges, assuring myself to establish a good obedience amongst the Burkes, though all men know them to be the "unconstantest and faithless" people within this realm. If I may be able to get into Castle Barry before this summer be ended, as I hope I shall, I do not doubt but the same shall so tame the Burkes as their disobedience shall not hereafter so much trouble the State, but they were procured to these terms now by means of Hugh Roe O'Donnell and those Popish bishops which are with him.

For any action that may fall out in Connaught, I do not doubt but I shall be able at all times to end the same, without any penny charge to Her Majesty or hindrance to her rents, or yet the help of men or anything else, but of the province itself; though, God be thanked for it, I see no likelihood of any alteration of things here (unless any foreign invasion happen), but all are quiet and on very good terms generally touching the points of their duty to Her Majesty, saving this small breach of the Burkes, which in effect is ended already.

Right Honourable, by general speech I have been advertised that the Provost Marshal of this province, Mr. Fowle, has exhibited a complaint to Her Majesty and your Honours [of the Privy Council] against myself, wherein he should inform that during my government here this province would never be settled. I know not what should move Mr. Fowle to do this, if it be not of his wonted "condition" and contentious humour, as he showed himself heretofore with all those under whom he served, as namely with my predecessor, Sir Nicholas Malbie. For the province of Connaught was never so well settled this 100 years as it is at this present, but in all former governors' times, as Sir Nicholas Malbie, Sir Edward Fyton, Sir Thomas Cusack, and others, continually in rebellion and stirs, and chargeable to Her Majesty yearly a good round sum, which in my time here has stood Her Majesty in nothing, for the province has one way and other totally defrayed itself, all the extraordinary charges of the rebellions and stirs having not stood Her Majesty in anything. And to have a people now and then stand upon terms (which live like savages in mountains and remote wildernesses as the Burkes do) should be no stranger methinks than the bearing with Feagh M'Hugh O'Byrne, hard by Dublin gates, who maintains all rebels and traitors of this province or any other parts of the realm; and yet his country being small is environed with civil counties and English gentlemen dwelling round about; whereas the mountains of Irris is well known to be the greatest and largest fastness within all the realm.

Connaught was never in man's memory so near a thorough settling as at this present, or the rents anything so high, as now they are, increasing daily, but Mr. Fowle uses this practice (being not altogether of himself neither) thinking thereby to disgrace myself and to bring me and my government in dislike with Her Majesty and your Honours. But, Right Honourable, I do serve Her Majesty dutifully and faithfully, sparing no travail (as becometh me) in Her Highness's service, and do not rob Her Majesty of an entertainment, doing nothing for it, as Mr. Fowle does of 300l. by the year, neither himself nor his horsemen having done one day's service to Her Majesty worth a chip, this three or four years. I humbly desire your Honour's good construction in all things, and that I may not be condemned unheard, but in anything that I shall be charged withal that I may be called to my answer before your Honours. For you shall not find that at any time I have done anything unbeseeming me and the place which I hold, however I may be slandered by such malicious persons as Mr. Fowle is. All things in this province do succeed very well, God be praised, and so well as no man of indifferent judgment has cause to complain. [Autog.] pp. 3. Incloses,

20. I. Sir Richard Bingham to the Lord Deputy. Your letters of the 8th inst., in answer of mine touching the Burkes, I received yesterday. Indeed this beggarly sept are so well taken down by reason that the other baronies which were wont to join with them do now hold in on dutiful terms, as your good allowance and continuance of myself will be means enough, I hope, with God's assistance, to quiet them, or any else of their sort within the province of Connaught, and never to charge Her Majesty with a penny of money, or to hinder Her rents here anything at all.

Since their attempt to have taken away the prisoners in the Sessions time, they have not looked without the pass, or committed any outrageous part, but divers times have sent their messengers and letters crying out for peace (as they term it) and offering some pledges, which I know are of little or no regard amongst them. But knowing them so well as I do, I will henceforth have better care what pledges I receive, and yet do mean to receive them in upon their submissions, so they put in any reasonable assurance for the continuance of their loyalties to Her Majesty hereafter. This sept of Ulick from the beginning has been a most treacherous people, and shameless of any evil doing, for, not having any provocations offered unto them now, whereby to stir them to these terms, they are not ashamed to excuse themselves, and to say that they desire quietness. But if it had pleased the Lord that I had had but half an hour's warning (as your Honour writes) of their coming to take away the prisoners, with God's assistance, they would have been overthrown for ever, and as it fell out (the Lord be praised for it) they had a small welcome, which will be a remembrance to them hereafter, for divers of them died afterwards of the hurts which they received here, and namely the draught drawers, Feriagh M'Donnell's two brethren, which are either dead or not like to recover.

I was advertised even this day that three of the Burkes should be very lately gone into Ulster to Hugh Roe O'Donnell, and that Hugh Roe has promised the Burkes to bring great matters to pass within Connaught. But I hardly believe that either Hugh Roe will adventure to come and meet the Burkes, or they leave their cows to go far and see him, however they may plot out their treachery amongst themselves. Assuredly, my good Lord, these Popish [bishops] and runagate traitors, come from Rome and other places beyond sea, are the principal authors of these combinations amongst the Irishry, and these Burkes have no other hope but them in the North, and a vain encouragement of Spaniards to be coming.

By my direction my brother Sir George Bingham sent 20 soldiers to Ballyshannon to man the English bark of Bristol, but the owner of the bark would by no means receive the soldiers aboard to serve against the fly-boat which brought Neale O'Boyle (the Irish bishop) to Calebeg in Tyrconnell; whereupon my brother sent a safe conduct to the master of the fly-boat to come unto him, which he refused, but sent two of his men to my brother to Sligo, and they excused the bringing of that traitorous priest or bishop, as not knowing of his quality or condition, and alleged that themselves stood for the French King as Borvadge [Brouage] does, promising my brother that they would bring the fly-boat to Sligo, and sell their salt there, but contrarily they have made sail towards Scotland.

For any action that may fall out here, I hope I shall not trouble you for men or anything else, for this sept of the Burkes are not able to do any harm in respect if they should break out into further action, for they be so hemmed in by such provision as I have made for the defence of Her Majesty's good subjects, as I hope the hurt which they can do shall light upon themselves, however it fall out, and the wars which they can make is more in show than in substance and in effect nothing but the name itself, which by the reports of Ireland is usually made to a great disadvantage of the State in any revolt or rebellion within the realm.

I am now making of some strength or fortification here at Clonigashall, and by degrees do purpose to win in to Castle Barry, still sitting down in some strength as I go towards it, as the only way I hope in God to take down this nation of the Burkes for ever

All things else in this province are very quiet, and generally on good terms.

I understand that you have passed my concordatums, for which I thank you, and to my power I will not be unthankful for any favour it shall please you to afford me.

I will, according to your direction, entertain Sir Hugh Maguire, but even now by letters from my brother Sir George I was advertised that the Earl of Tyrone should have killed the said Sir Hugh, which if it be true, you will be advertised thereof before this can come to your hands.

Since the writing of the rest, the Burkes have sent in their usual peace-maker, Edmund M'Tibbott, and by him a couple of horses which they had taken from the Towgher from two of the horsemen. They offer better pledges now than they did before, seeming desirous to be received and taken in. Howbeit I have refused them, because I like not their pledges, and I do not doubt but they will submit themselves to good conditions (though indeed till they be better bridled they will hardly contain themselves on those points of duty which are to be required at their hands, for they be full of falsehood and common promises, and faith-breakers; but, however, I hope all things shall be brought to a good pass here presently) only I desire to know your resolution touching such pledges of theirs as be in already (whose lives stand forfeited by their terms of disobedience), and such as hereafter shall be taken in, whether I may not by martial law execute them according to the conditions for which they lie, for otherwise pledges will not avail. They be no boys, but men in judgment and discretion. July 13, Clonigashall. Copy. pp. 3.

July 14. Court.

21. Earl of Ormond to Burghley for payment of a prest bill of 36l. for the use of his brother, Sir Edmund Butler. [Autog.] p. ½.

July 14. [Austin Friars.]

22. Sir H. Wallop to Burghley. Certificate of 90l. sterling due to Sir Geff. Fenton, now upon his despatch for Ireland after his long and chargeable attendance here. [Autog.] p. ¼.

July 14.

23. Certificate by Sir H. Wallop and Charles Huet, of 26l. 13s. 4d., due to Thady Nolane for his pension. [Autogs.] p. ¼.

July 14.

24. Sums for Irish suitors. p. ¼.

July 14.

25. Payments ordered to be paid out of the 6,000l. for Ireland. To certain pensioners, certified under the hand of Sir Henry Wallop, 234l. 3s.; to Sir Geoffrey Fenton upon his entertainment as Secretary and Surveyor, and certified by the said Treasurer, 90l.; to the Lord of Dunsanie, 200l.; to Mr. Ralph Lane, 100l.; total, 624l. 3s.

More to Mr. Edward Herbert, 100l.; to Thady Noland, 26l. 13s. 4d.

Other payments upon the 1,000l. assigned for suitors:—To Sir Henry Bagenall, 100l.; to Sir Thomas Norris, 100l.; Captain Carlyle, 50l.; Captain Fowle, 100l.; Earl of Thomond, 50l.; Sir George Bourchier, 100l.; Mr. John Tirrell, 100l.; Mr. Brian Fitzwilliams, 100l.; Fowell, upon a bill of Sir Henry Harrington's, 20l.; Mr. Francis Berkeley, 100l.; Stephen Boram, 64l.; George Beacon, 47l.; E. Drynkell, pensioner, 20l.; Sir Edmund Butler, 36l. p. 1.

July 15. Augustine Friars.

26. Sir H. Wallop to Burghley. In favour of Mr. Edward Herbert's suit for some money. [Autog. Seal, with arms.] p. 1.

[July 15.]

27. The relation of Barnaby Ryche, expressing the wrongs and injuries offered to him for doing Her Majesty service. The negligence of the clergy. The power of the Lord Chancellor to discountenance. p. 1.

July 16.

28. Robert Legge to Burghley. Desires a commission may be directed to the Lord Chancellor and the Bishop of Meath for a reexamination of Legge's doings. Also desires commission to inquire of very strange matters and abuses committed by the Lord Chancellor and the Bishop of Meath. [Autog.] p. 1.

July 16.

29. Robert Legge to Burghley. Prays that the books which he delivered to his Lordship, and which are now in Mr. Fenton's hands, may be recalled forthwith. [Autog.] p. 1.

July 17.

30. Morgan Colman to Burghley. Last Thursday morning Lord Buckhurst sent for me, and declaring that the matter in question, and in controversy between my brother Richard Colman and Robert Legge, was by Her Majesty (who his Lordship said was informed of Legge's sufficiency) referred unto him. And therefore because he had not seen anything from Legge save what made for himself, commanded me to set down what I was able to allege for my brother. According to which his Lordship's pleasure, I have gathered and given him the collections following in the very manner as I am bold to present you with a copy; not meaning to do aught save with your good knowledge. And as in all my occasions for myself I ever found you most honourably inclined, so do I humbly refer the cause of my poor brother to your good and upright favour. Copy. p. 1. Incloses,

30. I. Morgan Colman to Lord Buckhurst. According to your commandment yesterday I have gathered such matters as remain with me, concerning the question betwixt Richard Colman (my brother) and Robert Legge, sometime (though now ingrate) his servant, wherein my humble duty to your Lordship and natural respect toward my brother performed, I refer the same to your wise, upright, and honourable censure.

First, the office which my brother enjoys was given him in regard of his service toward Her Majesty, and travail taken under such as ruled that land, for which he has Her Majesty's Broad Seal and Her letters of confirmation. His care therefore (himself then not skilful), to have the same well and for Her Majesty's best service executed, was cause why he entertained Legge with honest wages and other allowances; and gave him a deputation in anno 1585, which is not (as the said Legge alleges) irrevocable, but is limited to certain Articles indented betwixt them, as by the copies of both in folios 7, 9, p. 549. Legge after (as should seem) by his undutiful answers, appostilled, to certain orders set down in anno 1587 by my brother, gave just cause if naught else had moved, for his displacing as in folio 5. Also the manner of the pleadings (before the Deputy and Council in Ireland) in anno 1589, approves his further malice towards my brother, and seems to produce matter sufficient (which were my brother present he could approve) of abuse in Legge towards Her Majesty, Her subjects, and towards himself, whereby the Council's first order for his remove may seem to be rather just, than on pretended purpose, as most unreverently he seems to infer against some of that honourable board. The pleadings and the first order are in folios 7, 8, 9, 10, 11, 12, 13, 14. He seems to rest greatly upon the favour of the Lords' letters written in anno 1589, [see p. 315, and Morrin, p. 190], whereby he was again restored. But his untrue suggestions and abusing of their Lordships at that time (when no man replied for my brother) I trust in God shall now move your Lordship not to pass aught to prejudice my said brother, until he himself be fully heard therein. Wherein Legge's late abusing of so honourable a place in regard of myself, may persuade how ready his tongue (to serve his purpose) will be raised against those absent. Yet after the favour of those letters had again restored Legge to the place he sought for, the continuance of his ill-carriage constrained my brother the second time to displace him. And upon Legge's complaints (which I have not), and my brother's reply, the Council again ordered his expulsion. The copy of my brother's reply and the Deputy and Council's order of anno 1591, are in folios 17, 18. This I beseech humbly may be remembered that when Legge was first adjudged worthy to be removed in anno 1589, he can not justly allege that the Lord Deputy did it of ill disposition towards him, for at that time he was his servant, wore (as I have heard) his livery, and was in his most near favour. For truly, as it may be he now doth to your Lordship and others, he persuaded the Deputy with a show to do Her Majesty great service, which long expected, and found but vain, the Lord Deputy withdrew his favour, and as I have been informed openly reproved him. In all humbleness therefore, I beseech in my absent brother's behalf that, for the better satisfaction of your Lordship and others, my said brother may be commanded hither, to answer for himself, or that to such as in their Lordships' wisdoms shall be thought fit to hear the cause in Ireland, direction may be sent to inquire indifferently, not only concerning the matters in question, but also how sufficient they find my brother in honesty and otherwise in skill to guide his office himself, and to direct such as serve under him for Her Majesty's best and most behooveful service: whose report when they shall have made just trial, as I doubt not but it will overthrow the untrue suggestions of this ingrate and unthankful man Legge. So leaving the cause to what God shall please to ordain, I humbly pray that he will continue your Lordship in his holy protection. I will also presume humbly to infer the words of such presumptions, as I have seen, of the cause why, serving under Mr. Grey in Mr. Fanshaw's office, the said Legge was put out of the same, whereof one Emery, an informer who dwells at Queenborough, can say so much or more, than the words of the letters import, which your Lordship may please to peruse in folio 19 at pp. 550, 551. pp. 2.

30. II. Orders set down by Richard Colman, Her Majesty's Chief Remembrancer, unto Robert Legge, deputy to the said Remembrancer, and other his clerks, to be observed for the execution of the said Remembrancer's office. 1587, Oct. 10. With Legge's apostils in defiance of the orders folios 5 and 6. Copy. pp. 2.

30. III. Complaint of Robert Legge addressed to the Lord Deputy. Recites the deed signed by Richard Colman, dated 20 Aug. 1585, constituting him his deputy to execute under him the office of Chief Remembrancer, together with certain articles of agreement: and complains that the said Richard Colman came unto the office with certain other persons and broke open a certain press and took out of it certain books, records, and rolls, saying he would remove the said Legge and place one Birchall to be his deputy. Folios 7 and 8. pp. 1½.

30. IV. Answer of Richard, Colman to the above bill of complaint by Robert Legge. Recites certain articles of agreement made at the same time with the articles recited by Legge, but omitted by him, viz., Article 3. That at the end of every term the said Robert Legge should make a perfect account to Richard Colman for all sums of money received, during the time of his abode in the office, and make his payments and not make debts to any person or persons of any fee belonging to the master of the office without the knowledge, of the said Richard Colman, first had in writing to be charged upon him in that behalf; and Article 4, that the said Legge is not to pass any writ, grant, or other thing to the said office belonging, other than the ordinary writs, before he have made the said Richard Colman acquainted therewith as master of the said office, except the said Richard Colman do otherwise authorise him upon any occasion of absence. With instances of Legge's breach of the said articles. Folios 8 and 9. pp. 2.

30. V. The replication of Robert Legge, complainant, to the said insufficient answer of Richard Colman. Folios 10 to 13. p. 3½.

30. VI. The rejoinder of Richard Colman to the replication of Robert Legge. Folios 13 and 14. pp. 1¼.

30. VII. The Lord Deputy Fytzwylliam and Council's order for Legge's first removing. These pleadings were read before the Lord Deputy Fytzwylliam and Council the 26th Nov. 1589, and the next day after the opinion of the judges and counsel was that Mr. Colman might lawfully expulse and put out the said Robert Legge; both for that he had not performed covenants with Mr. Colman, neither yet used himself in good sort towards him, which appeared sufficiently upon reading of Legge's replication, which they alleged to be sufficient to remove him, if there were no other matter. The names of the Councillors present are as follow:—The Lord Deputy Fytzwylliam, Lord Chancellor Loftus, the Lord Primate of Armagh, Thomas Jones, Bishop of Meath, Sir Robert Dillon, Sir Lucas Dillon, Justice Walshe, and Sir George Bourchier. Copy. Folio 14. p. ½.

30. VIII. The answer of Richard Colman in 1591 to the bill of complaint of Robert Legge. Recites among other things: how the Lord Deputy and Council upon the reading the contents of the matter in dispute did resolve and order that the execution of the office of Chief Remembrancer should be left to the said Richard Colman, and that Legge should presently deliver unto him, as well the keys of the office, or of any press, desk, or cupboard therein, as also the books, rolls, records, and whatsoever else belonged to the office. Colman further insists on the misbehaviour of Legge in the execution of the office for which the said Colman is responsible, and prays that the execution of the office may be left to him the said Richard Colman according to Her Majesty's patent, and his behaviour shall be honest and dutiful to Her Highness, as unto the execution of the office appertaineth. Folios 17 and 18. pp. 1¾.

30. IX. The decree of the Lord Deputy and Council in Ireland for Robert Legge's expulsion the second time, the 23rd June 1591. Upon the reading and due perusal of the contents of this bill, it was resolved and so ordered by the whole board, and such of the learned judges as were then present, that the execution of the office of Chief Remembrancer should be left to this petitioner, being Her Majesty's immediate patentee of the same, and that Legge should presently deliver unto him as well the keys of the office, or of any press, desk, or cupboard therein, as also the books, rolls, records, and whatsoever else belonging to the office, leaving Mr. Colman to appoint either Legge or such other as he shall think meet and for whom he will be answerable, to exercise his office under him, and Legge, if any right he hath, to the benefit of the law. W. Fytzwilliam, and then being present the following members of the Council:—The Lord Chancellor Loftus, John Garvey, the Lord Primate of Armagh, Thomas Jones, Bishop of Meath, Sir Henry Bagenall, Sir Robert Dillon, and Sir George Bourchier. Copy. Folio 18. p. ½.

30. X. The words of Mr. Thomas Randolph's letter of 1589. Touching the clerk that serveth you in your office, I cannot intreat Mr. Fanshawe to testify anything against him under his hand, although he affirmeth that whilst he served in the office, he committed many evil and foul parts unfit for an honest man. More than this I could not get of him, and therefore cannot but advise you to despatch your hands of him, though it be to your loss present, than to keep such an one. Folio 19. p. ¼.

30. XI. The words of William James's letter of 1589. Thus much I remember, that about six or seven years now past one Emery (I think so was his name), being an informer, brought unto me a warrant (as I remember from my Lord Treasurer, or other of great authority) for the apprehension of Robert Legge, supposing that he had shrouded himself about Stratford Bow, for that his master had then a house in St. Leonard's parish there. And, myself, being desirous to understand, the weightiness of the cause (albeit I knew not the man), the said Emery told me that there was certain cloth of silver or gold seized upon about the Clinic on Southwards side, as uncustomed goods, and the same being in the custody of the officer there (to Her Majesty's use) a writ of delivery was devised whereunto Mr. Fanshaw's hand was counterfeited, whereupon the said goods were delivered, and the Queen thereby without remedy, which writ was said to be of Robert Legge's making, and for that cause the warrant went forth against him. But he was not by me apprehended, yet I understood by the said Emery he was otherwise taken, and upon confession (as he said) of the matter some means was wrought for him to save his credit, only being thrust out of the office. Folio 19. p. ½.

Indorsed. 17 July, 1592. Touching the matters in question between Richard Colman, Remembrancer in Ireland, and Robert Legge.

July 22. Dundalk.

31. Lord Deputy and Council to Burghley. To know Her Majesty's pleasure touching the estate to be granted to the bearer, Mr. William Eustace, in the estate whereof his father died seized. p. 1. Incloses,

31. I. Queen Elizabeth to the Lord Deputy, &c. For William Eustace to be restored to the lands of John Eustace, late of Castle Martin, now in Her Majesty's hands, by reason of the attainder of Moris Eustace. 1592, March 29, Westminster. Copy. p. 1.

31. II. Brief of the estate which the late John Eustace, of Castlemarten, left to his second son, William Eustace, in his lands, in the counties of Dublin and Kildare. With a genealogical trick by Burghley, viz., Wm. Eustace married to Lady Cowley, widow of Sir Henry Cowley. Issue, Henry Cowley, married to [Margaret] filia Archiepiscopi Dublinensis. 1592, July 22. p. 1.

July 24. Dundalk.

32. Lord Deputy to Burghley. Thanks for the information of complaints against him. The Lord Chancellor and the Bishop of Meath very wise, faithful, and painful servants to Her Majesty. Employment of the Earl of Tirone to bring Hugh Roe O'Donnel to Dundalk. Desires to know Her Majesty's pleasure touching Hugh Roe O'Donnel. [Autog.] pp 2½. Incloses,

32. I. Advertisements of Henry Carmyck. Such news as I, Henry Carmyck, could learn in Spain, leaving the port of Bilboa, in the coast of Biscay, the 1st July 1592. I understand that the King of Spain took his journey unto the kingdom of Arragon and came to Valladolid the 4th of June, and there keeps court. Also there are departed from the ports and havens of all the sea coast along the coast of Spain such shipping as the King had there in a readiness, and are commanded to meet about the height of the islands of the Terceiras, to the number of 60 ships, with 15,000 men, and as it is thought they go to meet the English fleet. There are three new ships, of the burthen of 1,000 or 1,200 tons apiece, which are the bravest ships in Spain, bound from the port of Bilboa for Lisbon, there to be set forth for the sea, and at this time they go thither and have not one piece of ordnance other than muskets. There is also a press along all the coast to stay all Flemings for his service, for it is thought there will be some service at hand very shortly for England [in margin. If any such intention be, God grant it be not for Ireland, and that Scotland be but used in name] and means to enter by way of Scotland, for as they report they are promised aid by the chiefest men in the realm of Scotland, which, as they say, are papists, and very near the borders of England. I heard also that the Duke of Savoy was dead, and also I heard that the King of Spain's eldest daughter should marry with Sigismund III., the King of Poland, who is brother unto the Emperor. It is further meant by the council of Spain that upon the coming home of these ships and men, which is going to meet the Indies fleet, that upon their coming home shall sail for the realm of Scotland with the number of 20,000 men. By me, Henry Carmyck. [Holog.]

The said Carmyck further told the Lord Chancellor, which he had forgotten in this declaration, as his Lordship informed me, that he saw at his now being in Spain, a letter from the King of Scots directed unto the King of Spain and sealed with the King of Scots seal; adding further, that the Scots are so well used and entertained in Spain as they may have what they list. W. Fytzwylliam.

There are three autographs by Carmyk and one of the Lord Deputy. Indorsed: Received 23 July 1592. pp. 2.

32. II. Petition of Roger Wilbraham, Her Majesty's solicitor, to the Lord Deputy and Council. He has executed the attorney's place this year and a half, for which he hath not received any recompense. He desires assistance of more learned counsel or to be disburdened of that charge, p. 1.

July 25. Dundalk.

33. Lord Deputy Fytzwylliam and Sir Henry Bagenall to Burghley. Having perused the exemplification of Sir Turlough O'Neill's grants which you sent over, and withal advising upon the same with Her Majesty's solicitor here (the Chief Justice being already gone towards Munster), we are in manner fully persuaded that the service whereof we formerly advertised you may be "effectuated," if it stand with Her Majesty's gracious pleasure to have the same taken in hand. Yet to the end that all things might be made clear afore the attempting a service of that importance, I, the Deputy, have caused the case by Her Majesty's said solicitor to be set down at large with his opinion thereof. And because there appears some doubt therein, we have thought it meet to send the same to you together with the said exemplification and the copies of the Earl of Tyrone's letters patents, and indentures, that if it shall seem so fit to you, the opinion and resolution of the judges and other learned counsel there may be likewise taken upon the case, and if it fall out that Sir Turlough's right be preferred, we doubt not upon knowledge thereof from you, but to set down such a plot as may advance both a good revenue to Her Highness, and enlarge the borders of her Pale, even unto the very heart and strength of the rudest parts of Ulster, as shall better appear unto you when we hear answer unto this same, which we wish to be with expedition, in respect that the 10th of August next, the lease made by Sir Turlough to the Earl of Tyrone doth expire, at which time that contention between them (which will give the advantage of this service) will begin. In the meantime, inasmuch as we well know that there be many who would cross this service (as in like manner for lack of secret handling they have done many other), we have forborne to impart this matter to any, hoping that secrecy will be a principal mean for "effectuating" thereof, to the profit and honour of Her Majesty, great benefit of Her miserable subjects in those wild parts, and well pleasing of Almighty God, to whose blessed protection we most humbly betake you. P.S. by Fitzwylliam, I beseech you that the exemplifications may be returned under the Great Seal, if so you shall see it fit, and with the same to return the other two copies sent with it. [Autogs.] pp. 2. Inclose,

33. 1. Right Honourable, according to your appointment, I have perused the exemplification you delivered me, and now I find that the title to the lands in Tyrone rests upon these parts: First, anno 19° Regime Articles indented were made between Sir Henry Sydney, then Lord Deputy, and Sir Turlough Lynagh O'Neill, now Earl of Clanconnell, wherein Sir Turlough covenants and agrees to yield Her Majesty all obedience, to prosecute rebels, to renounce the urraghs, and to give Her Majesty a rising out, &c. Then are the Articles as followeth:—

2. Propter quarum rerum perimplendarum considerationem conventum et concessum est ei, quod durante vita sua ex concessione regiæ majestatis terras omnes a Lough Foyle usque flumen magnum habebit et possidebit, item regionibus de Clancan et Clanbresologh ut sequacibus fruetur.

3. Afterward the Queen's Majesty by letters patents reciting, quod inspeximus articulos, &c. quorum tenor sequitur in hæ verba: and so verbatim the letters patent, all the said Articles concluding in these words:— Quæ omnia et singula ex parte nostra perimplenda et performanda ratificamus, approbamus, allocamus, et confirmamus; sub hac conditione quod prædictus Terentius omnes illos alios articulos promissiones et agreamenta ex parte praelig;dicti Terentii perimplenda et performanda perimplebit et performabit de tempore in tempus secundum vim formam et effectum articulorum superius recitatorum.

And after Her Majesty by other letters patents created Sir Tirlough Earl of Clanconnell with condition he should claim no other lands praeterquam the lands contained in the said Articles.

4. Afterwards the Queen by other letters patents about five years past granted to the Earl of Tyrone, for life with remainders in tail to his sons, all the lands so formerly as aforesaid given to Sir Tirlough.

The question is whether the Articles indented, and Her Majesty's letters patents allowing and confirming the same do pass to Sir Tirlough an estate for life, or inureth only as a promise. Wherein I think (although it may be contradicted) that the meaning is plain, and the words sufficient to pass an actual freehold to Sir Tirlough. If then Sir Tirlough have an estate for life, as I take it, then it is probable that the Earl of Tyrone's letters patents (not reciting the said former estate for life to Sir Tirlough) are altogether void, or void at least during Sir Tirlough's life. And albeit it may be objected Sir Tirlough's patent is void, for that he has broken his covenants, that I take not material until an office found. But admit no estate for life do pass to Sir Tirlough, yet the Articles indented and double confirmation and allowance by several letters patents are to be performed to Sir Tirlough as Her Majesty's royal promise and covenant by letters patents; unless other composition can be made between them for the best advancement of Her Highness' service, which I refer to your Lordship's best consideration. I have sent you the exemplification, and so humbly crave pardon for my rudeness, not willing any be acquainted therewithal, unless such as will further the service.

A true copy of the case and opinion delivered by Mr. Wilbraham, solicitor in Ireland, upon the title of land depending betwixt the Earl of Tyrone and Sir Turlough Lynagh. Certified by the Lord Deputy and Sir Henry Bagenall. Indorsed for the Lord Treasurer. pp. 2.

33. II. Exemplification made for Sir Turlough Lynagh O'Neill of the Articles of agreement between him and the Lord Deputy, Sir Henry Sydney, in January 1576–7, and confirmed at Gorhambury, 26th May. Also the letters patent of creation granted to him in anno 20 Eliz. (1577–8) as Turlough Lynagh, Baron of Clogher, and Earl of Clanconneill. Latin. 1592, June 7. p. 1.

July 27. The Newry.

34. Lord Deputy Fytzwylliam to Burghley. After I had despatched my servant Strowbridge with a packet to you of the 25th of this month, I repaired upon occasion the next day to the Newry, and this morning being the 27th, received an advertisement of Spain from one Sherlock of Waterford which I have made bold to send to you, whereby it will appear to you what preparation the King makes. I pray God that some part of this great preparation in Spain fall not before the end of December next upon Ireland, for the season will very well serve for it, as may appear by the yearly travelling of merchants for their sack vintage, as also out of France for that vintage. At which time they shall find the remain of all old grain and the new harvest wholly in, fit for their purpose. Besides that, the beeves and other flesh of this country then in best season, whereby unless it may please Her Majesty by your Lordships' [of the Council] counsel to provide for the withstanding of their malice, they shall find the country more fit to serve them, in that there is neither money nor men to withstand them. And if it pleased God, I would you did but hear as I do in this little travel, the pitiful complaint of the poor unclothed soldiers, footmen. And for Captain Warren's band and the Master of the Ordnance [in margin, Captain Warren's and Sir George Carew's bands horse], I have sent them home, and so am ready to do Captain Loftus's also, for that having but 6¾.d. a day, it is no way able to feed them, their boys and horses without burdening the country, which would break Her Majesty's composition. And so you may by this see what number of horsemen (if any occasion should happen) I am able to lead into the field, which is but Sir Henry Harrington's 50 and my own, of which 50 of Sir Henry's he must ever have 20 to remain in his own government and the rest of Leinster. I beseech you we may be remembered with some such portion of money as may be able to give the soldier some relief. And how the money is from time to time bestowed you ever see presently after distribution thereof by a book signed by the Treasurer's officer's hand. And now I beseech you to pardon me. These wants do give me more grief and care of mind than my threescore and seven years and upwards of age, together with my disease of body whatsoever it is else, can do.

The wind has been here yesterday and all this day easterly, so as I think these will overtake the former. [Autog.] pp. 1¼. Incloses,

34. I. Walter Sherloke to the Lord Deputy. As I proceeded on a voyage towards St. John de Luz, I was met by a French man-of-war which took the spoil of my goods to the value of 80l., and the Saturday following was I taken by a Spanish patache within three leagues of St. John's, and so finding my charter party made for that way, landed myself and all my mariners at a place called Ondorroa, in the province of Guipuzcoa, and finding there that the patache was of Laredo, I took my journey towards Bilbao, where I found some friends that knew me, and gave me letters in my favour to some special men of that town. Notwithstanding, when I demanded my goods, alleging that I was an Irishman, they alleged still that 1 was going to the King of Navarre's subjects, who is enemy unto their King, and therefore the prize was lawful. But in the end, by means of some good people that did favour my cause, I was compelled to pay 40l. of ransom, and so was restored to my barque and goods, after that they had taken good quantity of my wares, so as by means of the premisses, my voyage is almost come to nothing, to my very great hindrance. And now, my good Lord, as appertaineth to my duty, I thought good to advertise you of the occurences there. First, about the 25th of June, did a commander called the General Zobier, depart out of Santander with two galiasses, eight double fly-boats, and six pataches, very well appointed, having in them 2,500 soldiers besides mariners, and took his way towards the coast of France, minding to have meeting with Flemish ships, to be revenged upon them, for taking of his ViceAdmiral while he was now in Spain. For the case was thus, that eight Flemish ships, being bound for the Rochelle were set upon by Zobier's Vice-Admiral and two small ships; but in the end the Dutchmen took the Spaniard and put all his men to the sword, to the number of 190. Amongst them was one of great account, called Don Pedro de Toledo, and for this cause as it is supposed all Dutchmen are arrested, the masters and merchants committed to prison, and their ships and goods at the King's pleasure. I heard since Zobier departed Spain that he landed on the island of Use [Ushant ?], sacked and burned the same, and put all the people to the sword, and so went with his fleet to Blouet. About the time aforesaid was there a navy of 18 galleons besides other small shipping in a readiness in the Bay of Cadiz, having in them 12,000 men and very well provided; most men said that they were bound for the Indies.

The King begins to prepare mightily at Lisbon, for all the prin cipal shipping that were at Ferrol are gone thither, and there are at the Passage seven galleons, and at Bilbao three, they be at this instant to-rigging, and so to go to Lisbon. A man of credit told me that the preparation that the King makes now at Lisbon shall be far greater than the army that was last sent into the narrow seas. He levies men in every part of his kingdoms, and sends them to Galicia and Portugal, there to remain for this winter, and the next summer they shall be employed in that fleet. The King is now at Valladolid and comes to Burgos, and as it is said goes to Arragon. I departed Laredo the 12th instant and arrived here the 22nd of the same. Has one of his hands sore hurt, and is not in plight to travel. July 23, Waterford. [Holog.] pp. 1¼.

July 29. Clonmel.

35.Vice-President, Council, and Commissioners, in Munster, to the Privy Council. We have received from the Lord Deputy Her Majesty's letters and instructions signed with Her own hand, and also instructions from your Lordships touching the undertakers, and for a composition to be concluded in the province of Munster, in lieu of cess. Which instructions, although sent over to the Lord Deputy before Christmas last, yet the execution thereof has been deferred, by reason of other weighty employments imposed upon us, Sir Robert Gardener and Solicitor Wilbraham, as has been formerly certified by the Lord Deputy and Council. And now having undertaken the execution of Her Majesty's and your pleasure touching the said instructions, especially endeavouring to persuade the said province to yield Her Majesty a yearly composition; forasmuch as this county of Tipperary was formerly taxed with a portion of the composition of the Pale, and that the lords, gentlemen, and freeholders of the said county were often called to Dublin to pay their said portion, who by their own offers made to the State here seemed always willing to assent to compound with the province of Munster (whereof this county is parcel), desiring that they may not be compelled to bear with the Pale, and upon that surmise procured your letters, the copy whereof we send here inclosed. And also for that the Lord of Dunboyne and others of the principal gentlemen, being lately called to Dublin, and reproved by the State for their slackness and backwardness in this matter, desired our coming hither, and made show of great forwardness to further the composition. We did therefore with the privity of the Lord Deputy and Council, determine to deal here for the composition before we would go any further. And having assembled the lords, gentlemen, freeholders, and other the inhabitants of the counties of Tipperary and Cross, our commission was read, together with Her Majesty's instructions and with an express warrant in writing from the Lord Deputy and Council, commanding that if any county would dissent from the composition we should set the soldiers upon the same to be victualled during Her Majesty's pleasure, the copy thereof we send also to you. And so we have disclosed the cause of our coming, and made divers reasons, publicly and privately, proving that Her Majesty might lawfully take her prerogative of cess here, according to former usage, and that it was dutiful and beneficial for them to compound for the same. And having also answered and satisfied all the objections they made to withstand it, and removing from them all scruple and fear of breach or double charge, or any other thing that might be an impediment, as may appear by the abstract here inclosed sent to your good Lordships. Yet after divers sittings and times of deliberation to them given, the Barons of Dunboyne and Cahir (upon whose doings the most part of this county in the Earl of Ormond's absence seemed to depend) utterly denied to yield to Her Majesty any composition, and so did both the sheriffs of both the counties of Tipperary and Cross, and all the rest of the gentlemen, freeholders, and inhabitants, except four mean freeholders. Although this repulse ministered great doubt of good success in the rest of the province, by reason most of the lords and gentlemen of the province receive their direction from some of this county, yet considering upon this their denial that the soldiers shall be presently sent hither according the said directions, the example whereof we think will work great impression of dutifulness in others. And that our commission and instructions require other services to be performed touching the undertakers in Munster, and in many other causes, we thought good to go forward in those services, noting to your Lordships the obstinate wilfulness of the lords, gentlemen, and other inhabitants of this county, which we gather will hardly be redressed unless the Earl of Ormond be dealt withal there by your Honours, for that some of the freeholders publicly and in the presence of his Lordship's officers spared not to affirm that they will yield their consents no further than his Lordship will direct them to do. And now upon our departure hence this day towards Limerick, we have taken order for placing 100 of the soldiers serving in this province (according to the said warrant) to be victualled equally and indifferently upon the said counties of Tipperary and Cross (excepting such as consented to the composition), which will ease Her Majesty's charge in every month 54l. sterling. The like course we mean to keep wheresoever in the province we shall find such undutifulness. Signed by Sir Thomas Norreys, W. Lyon, Bishop of Cork, Robert Gardener, Jessua Smythes, Nicholas Walshe, Roger Wilbraham, and James Golde. pp. 1¼. Inclose,

35. I. Privy Council to the Lord Deputy. That the county of Tipperary should not be charged with the cess of the Pale, other than has been heretofore accustomed. The Baron of Dunboine, Piers Butler, and others to be set at liberty. 1588, September 1, The Court at St. James's. Copy. p. 1.

35. II. An abstract of such reasons as were delivered by Her Majesty's Commissioners, both in English and Irish, to the noblemen, gentlemen, and freeholders of the county of Tipperary and the Cross of Tipperary, publicly and privately, being assembled, to persuade them humbly and willingly to accept of Her Majesty's composition.

1. First. Her Majesty's great charges that Her Majesty has been at and like to continue for the defence of this realm, as well in suppressing the late rebellion of the Earl of Desmond and others in this province, as also to withstand foreign invasions.

2. That Her Majesty in respect of composition is contented to give to Her soldiers increase of pay, which amounts to a far greater sum than all the composition amounts to.

3. This composition shall be in consideration to be disburthened of all cess, victualling of the army, provision for the Lord Deputy, President, and all other such charges, whereof complaint has been made to Her Majesty and State, that the charges thereof were intolerable.

4. And to prove the composition beneficial for you, the noblemen and gentlemen of the English Pale have 13 years past condescended to a composition of 1,300l. which they have continued and now of late upon Her Majesty's pleasure signified have increased the same to 1,500l., desiring the same to be continued.

5. Likewise the province of Connaught, being a far poorer State than this province, has compounded for 3,400l., whereof they pay now yearly 2,700l., which composition has continued a long time.

6. The Earl of Tyrone at his being in England under his hand condescended before the Lords of Her Majesty's Privy Council in England to compound for the province of Ulster, which is presently to be effected.

7. The counties of Wexford, Kilkenny, Carlow, King's county, and Queen's county, who have great freedoms, are content to yield to the composition.

8. The counties of Cavan and Longford and divers lords in Ulster do pay Her Majesty a yearly composition, and this county being very well inhabited and having all these 13 years been freed from any charge, though taxed in the Council book, by reason they have desired to bear with the province of Munster, of the which it is parcel, ought now most willingly to condescend to a liberal composition.

9. And if you think that Her Majesty will demand no cess or composition in this county when you have compounded you shall be respited to send your agents into England as you desire, and you shall pay nothing until you may have convenient time to receive Her Majesty's answer, and if you can procure remittal thereof you shall be discharged.

10. And if you desire to be borne with, for your answer, until you may understand whether the rest of the province would agree to the composition, we promise you in Her Majesty's behalf that unless all the province do accept of it, you shall not be charged notwithstanding your consent.

11. Further, if you be loth to charge your inheritance with a perpetual charge, we be content to accept of your composition for years as many or as few as you think good, or otherwise during Her Majesty's pleasure.

12. If any of you the lords or gentlemen that challenge to have freedom that you shall be in equal charge with others that have no freedom without regard of your "honour or worship" there shall be such order taken therein to your content after the composition shall be concluded upon, as ought in reason to satisfy you.

13. If you can allege and prove that you be not able to yield and to pay a composition by reason of other wrongful imposition exacted by others, of your lands, these impediments being put into certainty, you shall be righted and defended by Her Highness from all such wrongs, as may appear unto you under Her Majesty's hand in the instructions already showed and read unto you publicly.

14. And also if you fear that although you should compound, you should nevertheless be burdened with cess, and so pay the composition and cess also, we are content to accept your composition conditionally, viz., to pay no composition any longer than the freedom shall appear to have been performed unto you.

15. And last of all, if you doubt that you should not have assurance to perform this freedom, you shall have Her Majesty's hand, whose word, was never broken, or Her Majesty's Great Seal, or both, alway this provided, that if upon any invasion or such a sudden extremity the necessity of the service had required the soldiers to be victualled upon the, province, this to be no breach of promise. And yet during such charge if any do happen, you shall be discharged of your composition until at your own suit you will desire to revive it again. And also you nominate the collectors for the composition at your own choice. [Signed] Thos. Norreys, William Lyon, Bishop of Cork, Cloyne, and Ross, Robert Gardener, Nicholas Walshe, Jessua Smythes, Roger Wilbraham, James Golde. July, 28. Copy. pp. 3.

July.

36. A paper apparently drawn up by Bingham and addressed to your Honours of the Privy Council, touching the Burkes of the county of Mayo, and the true cause of their new stir.

Certain of the Burkes of the county of Mayo, as namely, the sept of Ulick, viz., those of the baronies of Carragh and the Owles and Irris, stand upon some terms, and have gathered themselves together to the number of 240 persons such as they are.

It may be that Fowle and other his accomplices will enforce upon these intelligences (as already they have informed Her Highness) that these Burkes will never remain in assured quietness so long as Sir Richard Byngham governs for Her Majesty over them; and therefore it is not amiss to inform your Honours of the state and condition of these Burkes and of the true cause of this new stir. The Burkes of the county of Mayo consist of three principal septs or nations, viz., Slewgh Water, as I take it, Slewgh Ulick, and Slewgh Ricard, and every one of these septs enjoys and possesses several baronies in the said county of Mayo, and yet all of them competitors to their ancient seignory or lordship of M'William. 1. Slewgh Water possesses and enjoys the barony of Kilmaine. 2. Slewgh Ulick, the baronies of Carragh, the two Owles and Irris. 3. Slewgh Ricard, the barony of Terawly. These Burkes have been long the stubbornest and most rebellious and undutiful subjects of Connaught, and of late this sept that now begins to stir have been the worst of all, and to say the truth of them, there are very few that are wellinclined. Then they being by inclination apt to rebellion, and a people cunning and subtle enough, will no doubt allege some colour or cause of their undutiful action, that in appearance and outward show shall carry some probability and likelihood of truth, as in all rebellions though never so pernicious and wicked, yet will the authors thereof allege some pretended cause for their excuse clean contrary to their purpose; so in every rebellion there is a pretended cause to colour the fault and a true cause (though bad) that stirreth them thereunto.

They have raised many rebellions, committed many outrages, murders, and spoils, too long to be recited, and their facts are of that vile condition and nature, that it is evident that they are committed of rancour and malice of their hearts and minds, towards Her Majesty and Her Government, and not of ignorance of their duty or of simplicity, as some men do inform. Whatsoever is pretended in their excuse to be the cause of their rebellion by some that have no liking of Sir Richard Byngham, it is evident and very manifest that this revolt proceeds, not so much of any dislike that these Burkes have of Sir Richard, as it is of the dislike they have of Her Majesty's Government, and that any English man or officer for Her Majesty should come amongst them, and especially at Castle Barry (being the Queen's Majesty's) and of purpose by them pulled down to hinder the same, which now Sir Richard Byngham meaning to build up and to place a strong garrison there for the service of Her Majesty, they begin to stir.

These Burkes that now are in action are only of the Slewgh Ulick, and the Castle Barry always belonging to that sept till Edmund Burke. the chiefest of them, was attainted of high treason about six years since, by which means the castle and lands came to Her Majesty's hands. And the Lord Deputy that now is granted it to Brian Fytzwilliams about four years since for 5l. yearly, and Brian Fytzwilliams about two years past assigned his interest therein to John Byngham for the consideration of 100 cows. The castle stands in the most fertile and pleasantest place of the barony of Carragh, and in the heart of the county of Mayo, and has been the "principallest house" belonging to that sept. This sept are the chief that strive to have their old Irish seignory of M'William revived, for that the Blind Abbot, the eldest of all the Burkes (being of that sept of Ulick), is to succeed in the same, according to their ancient order. And knowing well that a strong garrison placed in this castle will be a great let and overthrow to this high seignory (unless it please Her Highness to yield and grant it to them) and also will much restrain them from their accustomed insolencies and outrages, and bring and tie them to a more strict duty of obedience to Her Highness and Her laws, have chosen rather to enter into action of rebellion against Her Majesty than to suffer the castle to be builded up. And that this their new stir is only for the hindering of the building up of Castle Barry, it is proved by these circumstances which follow. [In the margin. Her Majesty should be in good case if Her rebellious subjects should assign where Her Highness's officers should fortify and place garrisons to annoy and suppress them. No doubt they would direct it little for Her Majesty's profit and less for the avail of Her Highness's service.

1. First, the pacification after their last general revolt was in February, 1589–90, and they continued quiet (after their manner) till the latter end of May, 1591, albeit Captain John Byngham came into the country as Her Majesty's High Sheriff in the beginning of April before, at which time it was thought they would have begun a new stir to have letted his coming into the country, and so they had given it out long before, when he bought the interest of Brian Fitzwilliams in that castle and lands. And in May aforesaid there was a speech and rumour of a combat to be performed between one William Burke, of Terawly, and one Alexander M'Hugh Boy M'Donnell, a gallowglass of that barony, and under the colour of license to go to see this combat they assembled the number of 400 and odd men. The chief thereof were of the Slewgh Ulick and their followers; and the true cause of their assembly together was this: Hearing that Captain Byngham meant to put in a ward into Castle Barry, They purposed to let it all they could, and hereupon they met at Castle Barry under the colour aforesaid, understanding that at this time the matter was to be accomplished, and that Captain Byngham was marching thitherwards with 60 soldiers only (not hearing or suspecting that the Burkes were there), they went some part of the way to meet and set upon him, thinking verily to cut him off and overthrow the whole company. But Almighty God assisted him and his small troop, and he repulsed these rebels with the killing and hurting of some of them, whereupon seeing himself weak in number, and that these rebels might well gather together again and increase, besides he was not assured of those Burkes and Clandonnells that were behind, he thought better to retire to his castle from whence he came, than to engage himself within their country, far from succour, to be distressed of victuals, and in danger, being but few in number. And thereupon he did return to Clonygashell, being 11 miles from the place where he was set upon. And when the Burkes perceived that Captain Byngham desisted from placing of a ward in Castle Barry, they seemed to be sorry and penitent for that which they had done, and offered, if they might be received, to come in and submit themselves to Her Majesty and to perform all duty. They were accepted into Her Majesty's protection, and from that time have continued in reasonable good terms till of late. [In the margin. John Byngham, at his first coming into the county of Mayo, settled himself at a castle called Clonygashell, in the barony of Kilmaine, near 16 miles from Castle Barry, till he could have opportunity to build up Castle Barry to make it wardable, and then after by little and little to re-edify the same.]

2. They have offered divers times since to give more for the castle and lands to the same, than it cost by much, not so much for the building up of it (for they would not repair the same), or to manure the lands, as for that they would have no man that is a good officer for Her Majesty to dwell amongst and look into them. [In the margin. There is little reason that Her Majesty should let or sell her lands to no other than to such as Her rebellious subjects shall appoint; then should not Her Highness-have that liberty that every common person has, which were a great indignity.]

3. Since May, 1591, till the beginning of June last, they have continued quiet, at which time they heard that Sir Richard Byngham purposed to build up Castle Barry, and made preparation for the same. They assembled themselves together, and have broken down some part of the old and broken walls of that ruinated castle, and now are in some number to hinder the building thereof as much as they can, knowing it will be the means only to let and curb their lewd and disloyal purposes, as well towards Her Majesty as to those that otherwise would soon be brought to be good subjects. So that they continuing quiet from the pacification in February, 1589–90 till the end of May, 1591, at which time they entered into action, when John Byngham meant to put a ward into the castle and build it up again; and when they saw he desisted from his purpose, their submitting themselves without any prosecution; next their offering to buy it and to give much more for the same than it cost; lastly, their continuance in quiet since their last submission, till Sir Richard Byngham purposed now of late to build up the said castle, and now rising in arms upon the same, it-is manifest that it is only for the building up of Castle Barry to hinder the same, and for no other cause, whatsoever they or any other in their behalf pretend.

Now, in the building up of the castle and placing of a garrison there, it is to be considered what profit or discommodity it will bring to the Queen's Majesty, as also to the parties that resist it and to other the poorer sort of people that inhabit thereabouts. Profit of the Queen's Majesty: First, it will further Her Highness's service in keeping of the people in obedience, and correcting of rebels, thieves, and idle men that live upon the poor by oppression and wrong. Next, in drawing of inhabitants to waste land, which will increase the revenue of the composition.

Profit to the gentlemen and owners of land: First, their lands that now lie waste shall be by this means inhabited and manured, which will increase their revenue. Secondly, it will draw down merchants and such like to bring down cloth, salt, and other necessaries at a reasonable price, where now they are driven to send to Galway to buy it, and that at an extreme price, or else they have it of such merchants which come amongst them (and they are but few), who sell at a more extreme price. Thirdly, the gentlemen and the rest shall sell by this means their cows and garrans, and the poor their linen cloth and yarn, to a more profit by much than now they do unto merchants, butchers, and others that will come amongst them.

Profit to the poor: The poorer sort of people shall not be oppressed by the gentlemen as now they are, in taking of pledges from them for what they list, besides many other injuries and wrongs. The idle men shall not be suffered to take meat and drink of them at their pleasure.

Discommodity: Discommodity there can come none to Her Majesty, unless some will object that this will be an occasion that the Burkes will enter into rebellion and leave the lands waste, so Her Majesty to lose the composition rent. And this is a common objection by some wilfully to hinder the establishment of good government for Her Majesty in these remote places; by others ignorantly that know not the conditions and disposition of these people and the estate of the country; but by this the rebellious subjects take great heart and encouragement the bolder to enter into rebellion and to live licentiously according to their Irish customs, saying that Her Majesty will not follow them with forces, doubting to lose Her revenue and to be at charges. To the poorer sort of people there comes no discommodity, nor to the gentlemen or idle men, unless they will account it a discommodity to be restrained of their cruel wrongs and oppressions done to the poorer sort of people, and of injuries done one towards another, without controlment of law.

Seeing then the building up of this castle (being Her Majesty's) and placing of a good garrison there will be very profitable to Her Highness, both in the furtherance of Her service as otherwise, as also for the benefit and commodity of such as will live quietly and in obedience to Her Highness and Her laws. And the same being no prejudice but to those that be ill inclined, though some of the rebellious Burkes resist the same, Sir Richard Byngham hopes that your Honours will not dislike thereof, wherein if it shall please Her Majesty and your Honours to give him countenance, and that he may have the countenance of the State in Ireland, he doubts not but to effect the same to the honour and benefit of Her Majesty and quiet settling of that country without any charge or loss to Her Highness, which I humbly leave to your honourable and grave consideration, pp. 3.

July.

37. Petition of Stephen Segar to the Privy Council. To be restored to the constableship of Dublin Castle. p. 1.

About 1592. July.

38. Petition of Edward Penteney to Burghley. Sir Geff. Fenton making some doubt in his cause, he prays that Mr. Attorney General may resolve the same. p. 1.

About 1592. July.

39. Petition of Eleanor Dillon to the Privy Council, in the behalf of her husband, Theobald Dillon, of Killenewere, that her husband may be called to his answer according to law, or else discharged from his imprisonment in the Tower of London, where he has been 11 months, p. 1.