BHO

Addenda, 1603-1655

Pages 643-661

Calendar of State Papers, Ireland, 1601-1603, with Addenda. Originally published by His Majesty's Stationery Office, London, 1912.

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Addenda, 1603-1655

1603. Captain Walter Edney to Sir George Carew. [Jan.] Coruña.

I landed here in the Groyne on 30 September, where I have since remained without any knowledge of certainty of the subject of my coming, but very ho[spitably] entreated. I kept the horse you sent for Don John till February 26, when I received order from the Governor to get ready for a journey into the country, he having received order from the King for my despatch. Not having heard from Don John, and not knowing what to do with the horse, and having no intention to sell him, I told the commander that I had no instructions to sell the horse, and that as Don Juan did not send for him I would, if I had leave, be content to give it to his youngest son, whose name is Don John. To this he [the commander] consented, but he would not receive the horse into his own stable. He ordered Mr. Comerford, an Irish merchant, to receive him until I were departed the Kingdom. But had I known [what I afterwards knew] I should not have departed, of which he sent me word next day. I should have kept him on five months longer. He told me he had received other letters from the King of Spain, from whom I should hear; but I know that was only by persuasion of the Irish, who altogether overrule him. Mr. Prowse will tell you of their motions, and I beg you to treat him kindly by reason of his damage in his voyage, and will discharge faithfully any duty put upon him. There is still great preparation for an army, but all so secretly carried on there is no show of anything doing. Suriago is gone for the fleet to Calles [Cadiz] and Carthagen [Cartagena], and it is supposed to be fifty sail of galleons. If they come for Ireland, which is expected, take heed of Galway. They cannot, in any case, be ready to start for three months. "Have a special care of all your cities, for I assure you there is some hollow dealing. You would admire if you did see the number of children that are here of Cork and other cities, and daily come." Prowse knows most of their names. Here come daily from hence [?] many Irish seminaries, both for England and those parts.

If the fleet go forward [I] assure your honour I will give you further information. Be sure you procure a couple of good ships to lie on and off the Mizen Head, but let them keep the sea, and may be they will meet with what will give them great content; for, if the fleet come not for those parts, they will presently send away all the Irish here with treasure and munition, which I see not how our ships can miss of. If they are met it is [will be] the greatest service that was done these seven years.

Your honour must take care for the poor mariners and barque which is here with me at their return, for I cannot by any means send them away[?].

There are laden in this port and Bayonne and bound for Lisbon, 200 tons of dry fish for the King's provision, to go with the first wind. Be careful that none of my letters come to light, for if it were known here that I write them it is as much as my life is worth. Unless you take some care for me against my return (and I know not when that will be) I may curse the time that ever I knew Spain. News came here by a ship of Waterford in January last that my captain was dead. This was very welcome to the Irish; and that your honour was sent for to England to answer the breaking down of the castles in Carbery and the West. Your honour would admire to know how the Irish here solicit the Governor, and also the state and King against me. One of the special solicitors is Captain Kelley, who had a command amongst those we had the killing of in the White Knight's country. I hope God will defend me against them all.

I left a poor daughter with Mrs. Prowse, and fear that, by the prolongation of my stay she may fall into want. Please have her supplied till I return.

P.S.—Don John the 24th of this instant (fn. 1) comes to a public trial for his Irish viage [voyage]. All captains who were with him are sent for and commanded to attend, on pain of death. The trial is before the King. If his fortune is so good as to find favour I assure you he will utterly overthrow all the Irish in this Kingdom. You shall hear the result. I am allowed by the King over 20l. a month for myself and my mariners.

Pp. 1½. (Hol.) Add. Endd. S.P. Ireland 213, 79.

The Queen to the Lord Deputy and Lord Chancellor, for [Miler Magrath,] Archbishop of Cashel. [1603 ?]

The Archbishop informs us that the rebels, at the time when he was imprisoned by them, maliciously broke our Great Seal of Ireland from divers writings, whereby privileges were granted by divers of our noble progenitors to the Archbishops of Cashel. Our Council by letters dated at Oatlands on 30 September, 1600, signified our pleasure that all such liberties &c. should be confirmed to the present Archbishop, according to the tenor of the records of the said writings; but the same has not been done because such a letter was, as is alleged, not esteemed a sufficient warrant to our Chancellor in that behalf. We hereby authorise you expressly, as it may concern either of you, to give all such directions concerning the renewing of the evidences belonging to the see of Cashel as were given formerly by the letters of the Privy Council of England mentioned above.

P. 1. Draft with corrections. Endd. S.P. Ireland 213, 80.

Computation of the Charge in finishing the fort of Kinsale.

All earthwork and deepening ditch 220l.
Hewing and bringing and facing with stone the whole work within and without 270l.
Timber, carpenters' and smiths' work 65l.
Sinking a well 20l.
House for the store and constable 50l.
Blockhouse at the point of the land 50l.
In all 675l., or in harps 900l.
Ibid, 81.

Undated Papers.

Note on the Postal service to Ireland.

Sir Ry[chard] Buckley, when last here, supposing it as necessary to have the posts laid new for Ireland as in the last wars, gave me this note in writing.

One Nicholas White had, he said, a barque which ordinarily came betwixt Holyhead and Ireland with the packet. This barque was burnt by the rebels, in recompense whereof the Queen gave him 200l. White is now grown so old that he has given over the sea altogether. Sir Richard thought that in his room one Robert Pepper, a mariner of Beaumaris, should have his bark laid for the packet as the other was. He thinks him fit. Other details.

P. ½. Endd. Ibid, 82.

Warrant under the Privy Seal to [the Lord High Treasurer of England].

Commanding him to send 12,000l. to Ireland to the charge of Sir Henry Wallop, Treasurer for Wars there, for payment of arrears of the army for February and March; and further, as money comes into the Exchequer, to send over to Ireland sums necessary for the payment of the arrears of the army for April and May at 6,000l. a month, with the usual allowance for portage.

P. ½. Draft. Endd.: "For a privy seal for Ireland." S.P. Ireland 213, 83.

Considerations touching the Examinations of Charters and Grants.

Words.—What words are absolutely necessary to make them good in law, and what omissions make them void.

Appertenances.—What circumstances in the passing, enrolling, confirming, and such like, are necessary.

Causes.—In the causes alleged for such grants whether they were truly alleged; whether they still continue; whether there be not some greater cause to the contrary.

Conditions.—If any condition be for rent, services or such like, whether they have been duly performed.

Uses.—If such benefit were granted to any use, whether the use continue, and whether the commodity raised has been used as prescribed.

Non Use.—Whether at any time these Charters have been intermitted and not executed and upon what occasion.

Abuses.—Whether any grievance has at any time been found and complaint made against the grants or the parties to them.

What sums of monies have been retained, demanded or taken.

What townsmen and freemen, and what of strangers and foreigners, and who have been acquitted of the duties, and why.

What particular orders, rules and proceedings have been observed in managing such business.

Many English and likewise Irish whom the townsmen molest much will be ready to complain and inform of the abuses offered them and of sundry oppressions.

Persons.—What manner of persons or corporations now hold, and have had the grants. Are such holders loyal, or have they been in rebellion.

Whether the grants have been always quietly and peaceably enjoyed, or have been in suit or question; and, if they have been in question, how was the question determined.

Pp. 1½. Ibid, 84.

The Queen to the [Lords Justices] Concerning the creation of Nobles in Ireland.

For good reasons we have decided to advance T.S. of Ireland to the dignities of Baron and Earl in Ireland, and have caused letters patents to be made and sealed for that purpose. " For divers respects " we have thought fit to leave these letters without dates, to the end that the same days may be inserted [as] the days of his several creations, together with the names of such of the nobility of Ireland as shall be witnesses at the several creations. We appoint you and give you authority jointly and severally to call before you, at such times and places as any of you think convenient, the said T.S. and so many other "noble personages and men of honour" of Ireland as you shall think meet. You shall cause our letters to be read in their presence, and after reading out his stiles and titles mentioned in the general letters invest him [sic] with such titles with the ceremonies which are usual in the creation of a Baron and an Earl. Cause the dates and names of the several creations to be inserted in the general letters, and also the names of those noblemen who are present when they are made.

We will also that the creation of the said barony be taken and solemnized one day before the creation of the said earldom, and that the several letters patents bear date accordingly. Clause for validation.

Pp. 2½. Endd. S.P. Ireland 213, 85.

Note on Petitions of John Meaghe and Robert Painting.

Both are her Majesty's almsmen within the City of Dublin. Meaghe craves to be paid 21l. 1s. 3d. due to him by warrant under the hand of the Lord Deputy and others, and prays that the same may be defalked out of the Queen's next pay for Ireland. Painting claims 11l. 1s. 8d. (fn. 2) Similar petition.

P. ½. Endd. Ibid, 86.

Note on the charge of Victualling in Ireland.

Gives cost of victuals for one month of 28 days for 1,000 men at 4¾d. a day each; and of the same for 2,000 and 4,000 men. To victual 4,000 men for two months at this rate costs 4,433l. 6s. 8d.

P. ⅓. Endd. Ibid, 87.

The Queen to ——.

We hear of actions of yours which argue your loyalty and affection. These are not new to us; yet "actions of honour, how oft soever renewed, do ever bring new contentment to those to whom they redound." We, who have been moved by the President of Minister's report of your conduct in divers late actions, express our thanks in some few words under our own hand.

We see how you exceed others in loyalty and zeal, and will reward you accordingly. "Wherein, having ever acquitted our honour to persons of inferior degree, we would be loath to be scant to a nobleman of your rank and merit " when opportunity arises.

P. ½. Copy. Ibid, 88.

Historical and Genealogical notes on Ireland.

These are a number of loose notes in Lord Burleigh's hand.

He deals first with the great offices of Ireland, and mentions the offices of Justiciary of Ireland, Chancellor, Superior Justice, the constableship of several castles, and the engineer.

Mentions also the Treasurer, Chancellor of the Exchequer, Barons of the Exchequer, Chamberlains, Remembrancers, clerks, usher, and chaplains.

The payment made to each of these officials is set out; and in many cases the name of some holder of the office in the time of King Edward II is given.

A note adds that no soldier was wont to be admitted to any company in Ireland without the consent of the Deputy, and that no soldier (may) go by passport without notice thereof given to the clerk of the cheque.

Pp. 2. Endd.: Ireland, officers, 1584. S.P. Ireland 213, 89.

Notes on Irish Pedigrees.

These are rough notes and fragmentary information about the pedigrees of certain well known Irish or Anglo-Irish families. The information contained is slight, the tree being traced in most cases only for two or three generations. The following are the names of the septs, families or places mentioned:—

1. Ranelogh [Ranelagh], the country of Hugh McShane. His house is Ballina Coss [Ballinacor ?].

Evass [?] O'Thole [O'Toole], Captain of the Fertagh [Fertry].

A rough tree connects the families of McShane and O'Toole.

2. O'Tholls [Tooles].

O'Tholl, of Fercolla [Fercullen]; Tholl of Fertagh [Fartry]; Tholl of Imall.

3. The country of the Byrnes contains the Byrnes and all the Tooles; also [?] Morogh Melaghty, of Killcoma [Kilcoman].

4. Note given on Francis Agard's connection with the Bretts [?].

5. The Peppards and Eustaces.

Pp. 1¼, in Burleigh's hand, and endd. in same. Ibid, 90.

Names of Places and Persons in Ireland.

Mentions places in Kerry and Cork:—Ross, Tyrawley, Old Head of Kinsale, &c.; Barry Roe, Barry Oge, Lord Courcy's country; and, as the leading chiefs:—O'Driscoll, McPhillip, O'Sulivan Bere, O'Sulivan More, McCarty More, Sir Dermond McCarty, &c.

Mentions [as chief men in] Muskerry, the MacDonalds, O'Sullivans, and Lord Roche.

P. 2/3., in Burleigh's hand. Endd. as foregoing. Ibid, 91.

Notes on the family pedigree of the Sarsfields, Plunketts, Aylmers and Cusacks.

Gives rough trees of each of these families. Shows connections between the Sarsfields and persons of the following names:—

Shillingford, a merchant of Dublin ; Cusack, Luttrell, Plunkett, Talbot of Dardistown, Thomas Plunkett, Chief Justice of Ireland, and others.

Shews connections of the Aylmers with the Baths, Dillons, and Sarsfields.

Shews connection of the Cusacks with Aylmers, Colleys, Darcys, &c.

Shews the connection of the Plunketts of Dunsany with the Luttrells, Cusacks, Lords of Howth, Barnwells of Crickstown, &c.

Pp. 1¼., in Burleigh's hand. Endd. S.P. Ireland 213, 92.

Similar Notes on the pedigrees of Nugent, Fitzgerald, and Eustace.

Confused fragments of pedigrees, giving the connection between these families and various other Anglo-Irish families.

Pp. 1¼, in Burleigh's hand. Endd. Ibid, 93.

Notes on the Fitzgeralds, Eustaces, &c.

Piers Fitzgarrett alias Piers Fitzjames, a Geraldine of Kildare, dwelling upon the Barrow near Shanniry [?]. Was Sheriff 1582.

Henry Burnell, a lawyer, of Castle Rickard, in East Meath. Was of counsel with the Earl of Kildare.

Thomas Eustace. Other notes on the Eustaces.

Other notes on Meaughes, Tooles, Piphos, Newmans, FitzWalters, &c.

P. 1, in Burleigh's hand. Endd. Ibid, 94.

Similar Notes on the O'Mores and others.

Gives fragmentary pedigrees of the O'Mores, McShanes, O'Conors and Earls of Kildare.

Mentions the connection of the O'Mores with the Butlers and McShanes.

Shews connections between the Earls of Kildare and the O'Rayly, Lords Gormanston and Howth and Lord Delvin.

P. 1. in Burleigh's hand. Endd. Ibid. 95.

Note of Irish Officials.

James Dowdall, second Justice of the King's Bench, 1575.

Nicholas Walsh, Justice of Munster. He was born in Waterford.

Thomas Meugh, of Cork, second Justice in Ulster. Meagh has one son, Walter [?], in the Middle temple, London. Another son, Stephen, is clerk of the Fines in Munster [?].

P. ½., in Burleigh's hand. Ibid, 96.

Notes on the families of Sarsfield, Aylmer, Luttrell and Fitzgerald, and others.

These pedigrees, though fragmentary, are somewhat less confused than the preceding. The Sarsfield and Aylmer pedigrees are to some extent fair copies of those calendared above (p. 648–9), and shew connections with the families mentioned there.

The Dillon pedigree begins with James Dillon, Baron of the Exchequer, and ends with the children of Sir Lucas Dillon, Chief Baron of the Exchequer, of Moymet in Eastmeath.

Other notes on the D'Arcys, Luttrells, Plunketts, Cusacks, and Nettervilles.

Pp. 3¼, in Burleigh's hand. Endd. S.P. Ireland 213, 97.

Further notes of Irish Pedigrees.

These deal with the families of Nugent, in the Tudor period. The pedigree begins with Richard Nugent, baron of Delvin, who married Elizabeth, daughter of the Earl of Kildare [ ], and comes down to after 1584. Shews connections with Howths, Marwards and Plunketts. Mentions also some of the Barons of Slane.

Mentions names of the following as a jury:— Thomas Plunkett, of Killalon [Killallen] ; Thomas Plunkett, of Borth [?] ; Laurence [?] Delahyd, of Myclar [Moyglare] ; Walter Hussey, of Mellasy ; Michael Barnewell, of Arran; John Eustace, of Lescanton [Leshemstown].

P. 1, in Burleigh's hand. Endd.: "Nugent's pedigree." Ibid, 98.

Notes on the following families.

Sarsfield, Hussey, Nugent, Eustace Viscount Baltinglass, Aylmer, Cusack, Sarsfield, (fn. 3) Dillon, Luttrell.

Similar to the foregoing entries.

In all about pp. 5, in Burleigh's hand. Endd. Ibid, 99.

Notes on the family of O'Shaghness.

Dermond O'Shagness had Kenelea [?] given him, on his surrender, by Henry VIII, in tail to him and the heirs male of his body.

His was Rory, alias Gilleduff O'Shaghness [according to the table], married "Honoria, his mother, supposed a nun."

They had several children, the eldest of whom was John O'Shagness, "supposed to be a bastard because his mother was a nun and was born before matrimony, to whom the Pope granted a dispensation, temp. Reg. Mariae." The other children were all found to be legitimate.

John O'Shaghness levied a fine of his right on Nicholas Kerry, of Dublin, in 1579 or 1580.

[They possessed the] castles [?] of Gortkinchyger [Gortnaclogh], Cowle [Cowla ?], Betagh Ballydromyurrell [Ballydrumarrall].

P 2/3, in Burleigh's hand. Endd. Ibid, 100.

Addenda, 1604–1654. [1604. April ?]

The Queen to the Lord Deputy and Treasurer at Wars. [1604. April ?]

You, our Treasurer, have often asked our licence to send over your lidger books, warrants, concordatum bills, escripts, and other reckonings which must be seen and perused by such Commissioners as are authorised to hear and determine your accounts. We hereby give you leave to send all these over here in the hands of some person of trust, and are content that, at such time hereafter as you find convenient for your trust, you come over here for the yielding of these accounts to our Treasurer. You, our Deputy, shall assist our Treasurer in passing his accounts. You shall either give him this warrant, retaining a copy signed by him, or give him a copy signed by yourself and the Council, and yourself keep the original.

P. 1. Copy. Imperfect. Endd.: April, 1604, with note that this letter was given on 18 January "in the 44th year of Queen Elizabeth." (fn. 4) S.P. Ireland 213, 101.

The King to [the Lord Lieutenant], for Richard Hudson.

For this see Calendar of S.P. Ireland, 1603–1606, p. 589. (fn. 5) Pp. 1¼. Draft. Endd. Ibid, 102.

Note on the Proclamation of King James I in Dublin and Cork, and other matters. [Latest date, 19 April.]

On 5 April Sir Henry Davers and Captain Robert Morgan reached Dublin at 5 p.m., and at 6 p.m. the Lord Deputy proclaimed the King.

On 12 April Captain Morgan came to Cork with letters from the Lord Deputy and Council to proclaim the King. Sir George Thornton, the Chief Justice, and others were presently ready to do this, "but were forbidden by the Mayor and others, who denied the authority of the English Government."

13 April. The English with some of the Irish went out of the town and proclaimed him.

14 April. They themselves proclaimed the King.

15 April. They got the keys of the churches and fell to sweep and part [?] images.

16 April. The Mayor being absent, the great part of the town, with priests, copes [and] banners, began their procession, and hallowed the churches.

17 April. An old priest named Michael died. The Mayor and townsmen buried him with tapers, &c.

18 April. Sunday. The Mayor and all townsmen at masses.

19 April. Sir Charles Wilmot arrived from Kerry. The Mayor denied to give them the King's victual for the Castle of Balinger [Ballingerald?], so they were fain to victual it from Kinsale; and when certain townsmen endeavoured to win the castle from the King they were well patted [sic].

P. 2/3, with fragmentary notes on Irish history attached. Endd. Ibid, 103.

The King to the Lord Lieutenant and Treasurer and Clerk of the Check there for Robert Pigott. [30 July.]

For this see Calendar of S.P. Ireland, 1603–6, p. 71, at this date.

P. ½. Endd. with date. S.P. Ireland 213, 104.

Same to the Lord Lieutenant, for Thomas Fitzmorris Gerald, Baron of Lixnawe. [26 Oct.]

See Calendar of S.P. Ireland, 1603–6, pp. 98–9, at this date where a docquet of this grant is calendared.

P. 1. Endd. Ibid, 105.

Note by Florence McCarthy on his imprisonment. [About 1604?]

The sureties that are presently ready to enter into bonds for my true imprisonment are those whose names are underwritten:—

1. Mr. Charles McCarthy, son and heir of Donogh McCormack McCarthy, alias Mcdonogh, chief Lord of the country of Dowalla [Duhallow], in co. Cork.

2. Mr. Piers Butler, of Knock in Anama [Knockannemin ?], which is his chief house. He is son to Lord Cahir, (fn. 6) and brother to the Lord of Cahir that now is. His living stands in the co. Tipperary, near the town of Clonmell.

3. Captain Edward Fitzgerald, son of Sir Thomas FitzMorris, of Lackagh. He is of the house of Kildare, and his living is in the co. Kildare.

4. Mr. Ceallaghaan McConoghoir, son and heir to O'Ceallaghain, chief Lord of O'Ceallaghan's "that stands in the co. of Cork, by the town of Mala [Mallow]."

These are all well known to those of the Council of Ireland that are appointed Commissioners to hear Irish causes and to divers other gentlemen of this land, such as dwell or have dwelt chiefly in Munster.

P. ½. in McCarthy's hand. Endd.: Sir Thomas Vavisor concerning McCarthy. Ibid, 106.

Petition to the King of Sir Richard Percy, (fn. 7) shewing that:— [1604. About October.]

He prays for favour similar to that accorded to other officers of less service and, if he may say it, of less merit than himself.

P. 2/3. For this see Calendar of S.P. Ireland, 1603–6, at p. 591, where this document is already calendared, but the substance of the prayer omitted. Ibid, 107.

Note on the late Queen's charge in Ireland. [About 1604.]

Gives details of the expenditure in Ireland for the year ended 31 March, 1602, when the new money had its beginning.

Estimates that by payment in base money 60,563l. odd has been saved. To this is to be added the balance of the new money remaining in the Treasurer's hands on the determination of the account. Valued at one-fourth of its face value, this is 18,700l. 14s. 2d.

Pp. 1½. Endd.: "Ireland." S.P. Ireland 213, 108.

Documents relating to the case of Sir Thomas Williams. [General date 1606, Feb.]

Petition of Williams to the King.

See Calendar of S.P. Ireland, 1603–6, at p. 591, where the document has been already calendared.

P. ½. Ibid, 109.

Note on the sums due to Sir Thomas Williams.

Gives details of the sums due to him in respect of the following items:—

1. Entertainment as commander of the force at Blackwater, at 10s. a day for 77 days from 16 July, 1597.

2. Remain of pay due to him and his company of 100 foot for 121 days from 2 June, 1597.

3. Remain of lendings due to petitioner and his company of 150 foot for 151 days begun 31 Oct., 1598.

4. Remain of pay due to his company of [150] foot for, 225 days from 1 Oct., 1603, and for a reduced company of 100 men for 41 days from 21 Aug., 1604.

Total, 631l. 13s. 8d.

When these sums are paid the warrants of full pay and the reckoning or certificate of John Dudley are to be taken in [from Sir Thomas Williams] for the King's discharge.

I have made this certificate by warrant of the High Treasurer of England, dated 15 February, 1605–[6].

P. 1. Signed on 18 February, 1605–[6] by Francis Gofton, Auditor. Endd., with note:—

It is agreed by the Lords that (if the King pleases) Sir Thomas Williams shall have a pension of 200 marks a year for life, to begin at Michaelmas last. Signed: T. Dorset. Ibid, 110.

The King to the Lord Deputy, for John Gilbert and Thomas Bouthby. [1606. 30 March.]

See Calendar of S.P. Ireland, 1603–6, p. 592, where this document is calendared.

Pp. 1¼. Endd. Ibid, 111.

Josias Bodley to —— Anthony. [29 May.] London.

See Ibid, p. 592, where this document is already calendared.

P. 1. Imperfect. Add.: to Anthony, servant to Sir Thomas Lake, at Greenwich. Endd. Ibid, 112.

The King to the Lord Deputy, for Owen Brehonne and Gille Grome McBrehonne. [17 Nov.]

For this see Calendar of S.P. Ireland, 1606–8, at p. 33, where the original, of which this is a draft or copy, is calendared.

P. ¾. Endd. Ibid, 113.

The King to the Lord Lieutenant. [About June.]

We are given to understand that the Bishopric of Derry in Ulster, which we have conferred upon G. M., D. of N. (fn. 8) has [been improverished, and not] (fn. 9) by any English who had right by law to claim the duties of those places, whereby the lands of those several sees have been usurped by the temporal lords in whose countries they lie. [They have obtained] grants of abbey lands, termon lands, and other temporal lands, including . . . much land belonging to the said sees. Such grants are contrary to our true intent, and tend to the overthrow of our religious purpose of planting paris[hes] in those parts. In order to prevent the desolation which, as experience shews, must follow, we declare our pleasure, to the temporal lords and others whom it may concern, that as these lands and possessions cannot be taken from the church, so it is not and never was [our desire to be]stow them on persons other than those" ecclesiastics who shall discharge the duties of the place of those bishoprics. We have thought well to appoint a committee for finding [the title of?] all temporal lords to the use of the Church at the request of the said Bishop. You shall grant such a commission to indifferent persons, giving them power to inquire, and search and set apart all such lands and rights as do, or ought to, belong to the see. This commission shall be returned into our Court of Chancery there under the Commissioners' hands, and shall remain there of record for ever.

After the return of the Commission you shall take speedy order for settling the said Bishop in possession of the premises, and defending him against all persons that shall disturb him. We also direct you to make [dela]y of passing any grant made by us to any person of any termon lands or abbey lands in the province of Ulster, and namely in the countries of Fermanagh and Monaghan, which have not passed the Great Seal there before the receipt of these presents. All future grants of abbey lands, termon lands, or other temporal land in Ulster which shall hereafter pass shall contain express words reserving out of them "all Bishopland" and all possessions and rights belonging to any bishopric, and further all lands and possessions belonging to any particular church. These shall continue in the possession of those to whose churches they were granted, "to the end that honest and hable men may be encouraged by competent reward and maintainance therein."

P. 2/3, written small; with a note signed by the Earl of Devonshire, and in his hand, recommending that the Deputy be directed to take from [those whi]ch shall be thought fittest by him and the Council, and to put Mr. Dean in possession of these . . . They [the Lord Deputy and Council] should also be required to suffer no lands belonging to the bishopric nor to any other to pass by particular grants.

In all p. ¾, the text and note much perished. S.P. Ireland 213, 114.

1606. The King [to the Lord Deputy,] for Sir Lawrence Esmond. [2 Dec. (fn. 10) ]

Sir Josias Bodley has charge of the Castle, fort and ward of Duncannon during life, but is otherwise employed by us here, and has asked leave to surrender the place to Sir L. Esmond. His employment here will not allow him to perform his duty at Duncannon. We direct you to receive a surrender of his patents from Bodley, and to grant the command of the fort to Esmond and his sufficient deputy for life, by patents under the Great Seal of Ireland, as amply [details] as Bodley or any other officer before him held it.

P. 1. A further clause mentions Sir John Dowdall, Sir Cary Reynolds and Sir John Brocket, as well as Bodley, as previous holders of the post.

In all pp. 1¼. Endd. S.P. Ireland 213, 115.

1609. John Corbett to [the Clerk of the Signet]. [25 July.] Whitehall

The Commissioners for the Irish suits have made their certificates in the several "busynes" referred to them. Those to be dispatched from the Lords have been delivered to me, and those to be sent from the King I was commanded to send to the Clerk of the Signet, and which are enclosed.

P. ¾ (small). Ibid, 116.

The King to the Lord Deputy, concerning Miler Magrath, Archbishop of Cashel.

We need not here repeat to you the reasons why the Archbishop of Cashel remains committed, but only signify to you our pleasure, on the report of Sir James Ley, late (fn. 11) Chief Justice there, made after reading the depositions taken against him. Sir James (whose opinion in law we value) thinks that, even supposing all the depositions should hold good it is doubtful how the trial would fall out, for the reasons which he has shewed us, which perhaps makes the Bishop so desirous to have his trial at law. We think it not fit to proceed that way with him, as well by reason of his great age as because he has often been employed heretofore between the State there and some rebels, "in which it was easy for him to commit some such error as in straight construction of law may reach to the nature of treason or, in his folly, utter some lew[d] words although without malicious disposition within." If he were tried and acquitted "it were a touch to the reputation of you and our Council; and if he be condemned no great advantage to us, but rather to the adversaries of religion to see a person of his sort publicly tried for matters unworthy of a temporal man . . . and thereby raise a scandal to the religion we profess."

At the same time, as he has been publicly charged with such matters, and for the same convented by you and the Council, we do not think it right that he should pass away without any censure. Therefore we think fit, and unless you differ from us, you shall take it as our pleasure, that he be convented before you and the Council there, and his faults laid open to him, "as well those which concern his proceeding in his employments civil as his unworthy behaviour in his function as an Archbishop." You shall warn him how far "his contempts might stretch," but say that in regard of his function as an Archbishop we have rather chosen in favour to pass over many blemishes than in justice to take hold of any, be it never so evident, "whereby in one of his coat we might scandalise the profession he is of." And so, upon such acknowledgment made by him of his errors as you think they deserve you may set him at liberty and suffer him to enjoy for the rest of his days such of his livings as he lawfully possesses, so as he provide sufficient maintenance for the incumbents.

Pp. 3½. Endd. S.P. Ireland 213, 117.

The King to the Lord Chancellor of Ireland (Archbishop of Dublin and ——), for Sir Thomas Ridgeway. [31 Aug.] Hampton Court.

The account of Sir Thomas Ridgway, Treasurer at War in Ireland, has been taken here by virtue of our commission to some of our Council. Such account begins 1 July, 1606, and closes 30 September, 1607, and has been perfected and allowed by them. We now send you the ledger thereof, containing 120 sheets of paper, to the end it may be delivered up on oath by Sir Thomas according to the due course of the Exchequer; and we further hereby authorise each of you to take his oath thereon, which having been duly entered in the book and subscribed by you, you shall then send it back to our Treasurer of England, to remain here to our use.

P. 2/3. With sign manual. Ibid, 118.

1610. Same to the Lord Deputy, for the Earl of Ormond and others. [3 April.] Westminster.

At the suit as well of Thomas, Earl of Ormond and Ossory, our High Treasurer of Ireland, and one of our Privy Council there, as of Theobald, Viscount Butler, of Tulliophelim, we hereby authorise you to accept of them and their heirs a surrender of Kilkenny Castle, the Lordships of Arclo [Arklow] and Tulliophelim, and of all other castles, lordships, manors, lands, tenements, abbeys, priories, religious houses, and all other their and either of their temporal and spiritual possessions, rents, privileges, liberties and hereditaments whatsoever, whereof they, or any person to their use, is seized within that realm, (excepting the liberty of the county of Tipperary, and all Irish cheefries not allowable by the laws of England), and thereupon to make a grant or grants in due form of law by the advice of some of our Council there from us &c. by letters patent under the Great Seal to them, or either of them, and their heirs and assigns for ever as well of the aforesaid Castle of Kilkenny and the lordships of Arclo and Tulliophelim as likewise of all other the castles, lordships, manors, lands &c. of them the said Earl and Viscount, except as before excepted, and saving all and every our subjects' rights, titles and interest in the premises according to such estates as the said Earl and Viscount hold the same; together with all felons, fugitives, and felons of themselves, their goods, court leets, deodands and wrecks of sea happening within the said premises and thereto belonging or appertaining, with such court barons, fairs and markets to be yearly and weekly holden and kept within the several manors parcel of the same premises at the will and pleasure of the said Earl and Viscount or either of them, their heirs or assigns, and at such places and times, as to you shall be thought fit and convenient, and with such other privileges, liberties, immunities and profits as in like grants are usual. They shall yield to us, our heirs and successors all such rents and duties as are due or accustomed to us out of and for the premises and every part thereof. To hold the aforesaid Castle of Kilkenny and the said lordships of Arclo and Tulliophelim only of us, our heirs and successors by knights' service in capite, and all the rest of the said castles, manors, lands &c, except as before excepted, in free and common socage, and not in capite nor by knights' service, as of our Castle of Dublin. We further will that there be no mention of the said Earl or Viscount's said surrender or surrenders in our said letters patents so to be granted of the premises to them or either of them or to any other, least that any insufficiency or defects therein might make our said letters patent to be defective. And whereas upon pretence that some of the said Earl's letters patents and title to certain lands which he held were defective, the same were passed upon several grants to others, we also require you to take present order that no part of the said Earl or Viscount's lands or possessions be hereafter passed or granted to any other, and that our letters patents contain such compositions, exceptions and savings as are usual.

Pp. 2¼. Copy. An unusually elaborate grant, and therefore given in extenso. Signed by Thomas Lake. Endd. S.P. Ireland 213, 119.

The King to the Lord Deputy, for Walter White. [13 Sept. (fn. 12) ]

By letters patents under the Great Seal, dated 23 June, 1608, we granted to Thomas Reade and Walter White the office of general Escheator in the Counties of Dublin, Wicklow, Wexford, Kilkenny, Carlow, Kildare, the King's and Queen's County, Louth, Meath. Westmeath and Longford, and in and through the Province of Leinster and all other counties and places wheresoever within the English Pale and elsewhere out of the Provinces of Munster, Connaught and Ulster, to have, hold and exercise the said office to the said Thomas Read and Walter White and the longer live of them, from the time that the same shall become void by the death or surrender of Nicholas Kennie, now our Escheator and Feodary, or by any other determination of the estate of the said Nicholas Kennie, during the good behaviour of the said Thomas and Walter and the longer liver of them in the said office. As some scruple or doubt may be conceived in law whether the said grant, being one entire office granted to two joint patentees, may stand good in law, and for that the said Thomas Read has by his deed released to White all his title therein, for the avoiding of all doubts as to the validity or invalidity of the said letters patents and for the making good of the said office, together also with the office of Feodary in the counties and places aforesaid to White, we accept a surrender at his hands of the said letters patents. Grant him, by new letters patent under the Great Seal of that our kingdom (without any mention therein to be made of the said surrender) the said office of general Escheator and Feodary in and throughout the counties before mentioned, and in all other counties and places whatsoever within the English pale, and in all other places in the said realm out of the provinces of Munster, Connaught and Ulster. To have, hold, and exercise the said officer by himself or his deputy or deputies from and after the death, forfeiture or surrender of the said Nicholas Kennie, during good behaviour, with all the usual fees and in as large a manner as Kennie now enjoys it. Cause letters to pass accordingly, inserting the favourable clauses usual in such letters.

Pp. 1½. Draft. Endd. S.P. Ireland 213, 120.

The King to the Lord Deputy for New Ross. [1612. About Jan. (fn. 13) ]

Richard Archdeacon, Esq., agent for the town of New Ross, co. Wexford, has presented petitions and suits to us and our Council. In consideration of the antiquity of the town and the recommendation of its inhabitants sent us by you, the Lord Deputy and Council of Ireland, we authorise you to cause letters patents to be passed, without fine, to the Sovereign and Corporation of the said town, that it may be incorporated by the name of the Sovereign and Burgesses thereof. The letters shall contain our charter of grant and confirmation of all the former liberties granted to them and such further of the liberties and privileges named in the schedule hereto as you and the Council think fit. Nothing in the grant shall prejudice our right to the custom of poundage in that town which has already been granted by a lease, and which we intend to resume. When we resume it we will consider the town's claims favourably.

We desire you to favour the town all you may, because it is "of importance for our service, being strongly seated and well walled, besides it lieth convenient for trade and traffic and, as is credibly informed, hath been in former times the greatest and best peopled town in that our kingdom, though now almost decayed and depopulated through the many losses sustained by them by the continual incursions and assaults of their rebellious neighbours."

Pp. 1½. Draft. Endd. S.P. Ireland 213, 121.

[Secretary Conway] to Sir Francis Blundell. [1623. 9 March.]

See Calendar of S.P. Ireland, 1615–25, at p. 472, where this document has been calendared.

P. 2/3. Copy. Conway papers. Endd.: Copy of Mr. Secretary Conway to Sir Francis Blundell. Ibid, 122.

Memorandum by Florence McCarthy. [About 1626. (fn. 14) ]

First I mortgaged to Sir Thomas Hewitt two ploughlands worth then 34l. and now 40l.; and took of him 100l., with intent to have more money of him upon it. When he refused this I mortgaged to him again for 200l. [a rent of] 26l. a year reserved upon a lease made to Diermod Macffyne, a man of mine, and 20 marks a year reserved on another lease made by me to Mr. Fagge, a Kentish man, that sold that lease for 120l. to one James Roch, of Kinsale. Before I mortgaged this 26l. a year to Sir Thomas it was paid yearly by my said man upon my letter to an old Sussex man named Playsted, to whom I promised Mr. Herbert Pelham to pay it for a few years; but when Playsted, for Captain Skipwith's pleasure, hindered me of 200l. of my rent because he had not my promise to continue it [to him] nor nothing to show, I wrote to my man to discontinue payment and mortgaged it with the other twenty marks a year to Sir Thomas. On knowledge of this Playsted made a great moan, alleging that he had no other living, and he and Roche made means to Captain Adderly that he should not take those rents. Other details.

I mortgaged a little land to Mr. George Evelin, and assigned Sir Thomas to redeem it. Evelin left it in trust with Captain Adderly to be let for him, and when Adderly came to redeem it for Sir Thomas Evelin [sic] made him pay 20l. that he received of the tenants thereof while Mr. Evelin held it in mortgage. Sir Thomas challenged this of me, but said that he would not challenge it if Mr. Evelin would write to him and avouch as much. I send Evelin's letter to that effect.

When I was arrested Sir Thomas, who was to pay me 100l., only paid me 3l. 6s. 0d. One Morphy, that dwells near the Counter, and came there to be my bail, can testify to this.

I send a note under the hand of Mr. Bonye, the attorney, shewing what his charges were. Of these Sir Thomas in his chamber in the Temple afterwards abridged him of about 7s.

Details as to the charges of Mr. Thwaites, the scrivener. He had much to do, as Sir Thomas, to deceive McCarthy, so often changed the writings. Details as to the difficulties experienced by McCarthy in getting money out of Sir Thomas Hewitt when he had made the mortgages. These were so great that McCarthy had to borrow 42l. of Sir John Fitzedmunds, and wrote to Hewitt to pay Sir John, and Hewitt paid Sir John lest Sir John should become acquainted with his way of dealing with McCarthy. Later, before his imprisonment, McCarthy received further money from Hewitt [?] and has in all received from him 99l. odd.

Proceeds: I will shew how Sir Thomas has deceived me. After my last commitment I was in great need of money, and offered to mortgage to him that rent of 26l. a year, for which, when old Playsted died, Captain Adderly wrote to him to deal. Sir Thomas, knowing my poverty, invented the said devizes [devises] and sent them to be shewn to me, who never heard of them before. He offered me money for the said rent if I would allow him some consideration for the said devises, thinking that I was so poor that I must accept any terms to get money. When I refused he used the devises to keep from me money which is due from him to me. Other details. If Sir Thomas did not wish to deceive me he would pay duly at the ensealing, as he did several times before. Other details.

Details follow as to money negociations with John Burrell and Captain Adderley. Relates the circumstances of his arrest and his appeal to the Council in England, (fn. 15) and the decision of the Council's referees that his tenants must pay him (and not his alleged mortgagees). Relates the attempt of Hewitt to obtain an undertaking from him that he would not act on the Council's order, or complain of his ill-treatment by Hewitt.

P. 1. Written small. Conway papers. Endd.: Florence McCarthy. S.P. Ireland 213, 123.

Complaints (fn. 16) [by Sir Thos. Hewitt?] against Florence McCarthy. [About same.]

He sold me a rent of 39l. a year, for which I got nothing for sixteen months. He mortgaged a ploughland for 40l. which I was to redeem; but Captain Adderley had to pay 20l. more for my use or I could not enjoy it.

Other items given of legal charges incurred by complainant on McCarthy's behalf and of money lent McCarthy whilst in prison.

Note in margin: Show the evidence to support the items.

The total is 99l. 19s. 1d.

Complainant admits owing 23l. to McCarthy, so remains his creditor for 76l. 19s. 1d.

Other details. Asserts that [Hewitt] had McCarthy arrested on finding that lands which McCarthy had mortgaged to him as free from encumbrances were not so free.

P. 1. Ibid, 124.

Certificate by William Tibbes. [1653.]

Robert Sackey, by his will dated 20 May, 1645, constituted Josina his wife executrix and gave her all his goods and all debts owed him by the State of England. The will was proved 8 July, 1645.

Afterwards Josina married Thomas Jevan, woollen draper, and when Josina died Jevan took out letters of administration with the will annexed. The administration was taken out on 16 July, 1653.

P. ½. Signed by William Tibbes. Endd. S.P. Ireland 213, 125.

Assignment by Thomas Chamberlayn, of London, Merchant. [1654/5. 26 Jan.]

For good consideration he assigns to Thomas Jevon, of St. Martin's, Ludgate, London, woollendraper (administrator of the goods of his late wife Josina, formerly the wife and executrix of Robert Sackey, of Scarborough, Yorkshire, deceased), 614l. odd, i.e. 602l. odd which is part of 1,462l. odd payable for the hire and freight of the George Bonadventure, employed to guard the Irish coasts in 1642 and 1643, and the residue due, being part of 47,000l. odd, payable for ammunition and supplies delivered in 1642 for the soldiers in Baltimore fort.

P. 1. Signed, sealed and delivered in the presence of William Cresse, in Coleman Street, in Swan Alley, and Ambrose Gilbert (mark), servant to the assignor. Endd. Ibid, 126.

Fragment of letters to the Lord Deputy and Council.

Containing words of warranty.

Six lines. Ibid, 127.

Footnotes

  • 1. This dates the letter, see examination of Blighe above, pp. 572–573.
  • 2. Fractions of pence omitted.
  • 3. It is worthy of note that Janet, daughter of John Sarsfield, is alleged to have had five husbands (in succession), vizt. (1) Shillingford, a merchant of Dublin ; (2) Robert, Lord Dunsany ; (3) James Luttrell ; (4) Sir Thomas Cusack ; (5) Sir John Plunket, Chief Justice of the King's Bench.
  • 4. This note, taken together with the endorsement "April, 1604," seems to show that a letter originally sent in January, 1602, was used as a precedent for one of the later date.
  • 5. See note † on next page.
  • 6. The first Lord Cahir died 28 April, 1596.
  • 7. Messrs. Russell and Prendergast calendared this and several other documents at the end of their volume for 1603–6; but did not insert them in the bound volumes of original documents for the years to which they belong. They were found by me at the end of S.P. Ireland 213, and are preserved there.
  • 8. George Montgomery, Dean of Norwich, appointed to Derry, Raphoe and Clogher, 13 June, 1605. See Colton's Fasti, iii, 350.
  • 9. The document is much perished. Square brackets contain what I have supplied to make sense.
  • 10. See Calendar of S.P. Ireland, 1606–8, at this date, where a different document to the same purport is calendared.
  • 11. Resigned December, 1608.
  • 12. See Calendar of S.P. Ireland, 1608–10, p. 515.
  • 13. See Calendar of S.P. Ireland, 1611–14, p. 232.
  • 14. See Calendar of S.P. Ireland, 1625–32, p. 122.
  • 15. See the reference mentioned in foregoing note.
  • 16. Apparently these are answers to interrogatories or to a demand for particulars made on McCarthy's behalf.