James I: January 1604

Pages 134-140

Calendar of State Papers, Ireland, 1603-1606 . Originally published by Longman and Co, London, 1872.

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James I: January 1604

198. Memorials for the better Reformation of the Kingdom of Ireland. [1604.] S.P., Ireland, vol. 216, 1.

Imprimis. That a learned ministry be planted and the abuses of the clergy be reformed.

That all titulary bishops, Jesuits, seminaries, friars, and Romish priests be banished the realm, except that they will reform themselves, and that none do receive or succour them upon great pain of imprisonment without bail, and fines to be imposed upon them, as shall be thought meet.

That no lawyer do plead at the bar or at the Council table, except he usually do frequent the church at times of God's divine service saying, or otherwise to be put from his practice.

That all sheriffs, mayors, justices of peace, recorders of citizen towns, and all other officers be sworn to the supremacy and go to the church.

That all the courts of justice be reformed.

That all the justices and all officers in every court do come to the church and take the oath of supremacy, or otherwise to be separated from his office.

That all the King's records be kept in a better order, especially the attainders and offices whereby the King is entitled to any lands, &c.

That calendars be made of those records and especial places appointed for the fast keeping of them. For it appeareth that many records of that nature are either embesiled (embezzled) or rated, and yet not well known in whose time, and by whose negligence, and many of the records themselves carried away and kept in private houses.

That some strict course be held, that if those that have any of the King's records do not bring them in by a day, undefaced, they shall be grievously punished.

That no deputy do execute any officer's place in any of the King's records, but such as shall be thought sufficient by the court, and allowed of by the State, and sworn for the due execution of the place.

That all the country be made shire grounds, as they lie most conveniently for the King's service, whereby all men may be answerable to justice.

That the chief Lords of counties be forbidden to use any more cuttinges, but do lease their lands for rent for life or years, whereby the King may have freeholders to do him service.

That inquiry be made by skilful, honest, and discrete persons of all the concealed and attainted lands, &c.

That inquiry be made of all the abbeys and spiritual livings.

That the composition be renewed in all the provinces.

That the soldiers do not cess in the country, and if they do cess upon any occasion of necessity, no free bills to be allowed, but that the treasurer be commanded to defaulk so much as will give the county satisfaction.

That His Majesty will be pleased, before he does confirm the liberties and charters of the cities and towns, to reserve the customs as in England.

That for the better advancement and increase of His Majesty's yearly revenue, there be a fee upon wines, namely, 20s. upon every hogshead sold in a tavern.

That there be the like fee course held for the sale of every quart of aquavitæ.

That there be an imposition set upon every barrel of herrings and salmon, which imposition hath formerly been granted by lease.

That some good yearly rent be reserved upon the M'Mahons, Maguiers, Phelim and Redmond M'Feaghs, and upon Sir Henry O'Neale, upon the passing their lands.

That those statutes be revived and put in execution which tend to the setting the people to labour.

That all their idle holidays be taken away and the people compelled to work (the Sabbath days except, and such festival days as are commanded by the Church).

That some skilful shipwrights, mariners, and fishermen be sent into the kingdom, and placed in the maritime towns to instruct the people in the trade of fishing.

That some artificers in like case be sent thither and placed in the corporate towns, whereby the people may be the better instructed in their arts.

That order be taken for the sowing of flax in great abundance, which, the soil of the county is apt to yield in great plenty; and let the same be spun and woven in the country, whereby the people may be set on work, and in short time as great a trade of linen cloth will be in the land as is in the Low Countries or in France.

That strict proclamation be set forth that none do go or ride armed, but only the King's servitors and soldiers.

That no merchant do sell or have in his shop any arms, powder, or munition, &c.

That no powder, arms, or munition, &c. be brought into the realm, upon pain of confiscation of ship and goods.

That the King will be pleased to buy in all the arms and munition which is serviceable and remaining with the merchant; that if there be any cause for the use of arms, powder, or munition, either for shipping or otherwise, the same to be bought out of His Majesty's store by warrant of the Lord Deputy or governor of the province.

That none of the Irish do build any house on loughs, but be enjoined to build castles or houses upon the firm land, and those houses that now are built upon loughs to be defaced.

That the King will be pleased that the lands belonging to the abbey of Atheroe may be laid to the fort of Ballyshannon.

That it be considered how some lands may be laid to the Derry, or otherwise (for want thereof) it will be speedily abandoned.

To understand their Lordships' pleasure whether the several offices of clerk of the Crown be needful in all the provinces; for, as they now stand, they are not only clerks of the Crown but also custos rotulorum in all the several counties of the province. And in England there are only two, one in the Chancery and the other in the King's Bench, which officers are here also.

That all bonds and recognizances taken to the King's use, as well in the provincial government or otherwise, be returned into the Exchequer; and those bonds and recognizances not to be given away, but process to be issued forth for the recovery of them to the King's use.

That the auditors do duly deliver into the Court of Exchequer every year a book of all such arrearages as shall be found due to the King, and likewise a book of all the supers, both of the Treasurer's accounts at wars, as also of his accounts of the revenues, as also of all the supers upon any other accountant's accounts, whereby process may be issued forth for the levying of the same; and this hath not been done (through negligence) this 10 or 12 years, whereby many things are become irrevocable.

That a strict order be taken that all accountants once every year do pass their accounts, which now (through negligence) do continue two or three years until they be taken, whereby the King sustaineth great losses, for that their accounts cannot be controlled, being so long time untaken.

That the officers do duly collect the first fruits and twentieth parts, which have negligently been performed heretofore, being a matter of 400l. or 500l. per annum.

That the King's remembrancer of the Exchequer be called to an account of the profits due to the King for respite of homage, and that parties do go forth for the due levying of the same, whereby the King's tenures may be better continued and his revenues increased.

That the clerk of the faculties do yearly account for those things that are due to the King in that case.

That all the wards' lands, and such other lands and rents lately found by office to be concealed, be put in charge, and process to be issued for the levying of the same.

That order be taken for the levying of the King's proxies, which have been concealed for many years, amounting to the sum of 1,500l. or thereabouts; and that the rent of the prisage of wines (being in like case concealed) and in arrear, be also put in charge, and process to go forth for the levying the same.

That the escheator and his deputies, upon their oaths, make return in the Exchequer of all those offices which they have found within these seven years of any lands whereto His Majesty is entitled.

That there be a better order taken in the Common Pleas for the passing of all fines and recoveries being the common assurance of the land; and that the King be duly answered of the King's silver, upon acknowledging of every fine which hath been neglected for many years.

That the King have a better account of the profits of the seal in the Chancery, both for subpœnas, attachments, and all original writs.

That the King be answered his due for all recognizances, statutes, and bonds that are finable above the rates; and that, upon the passing of any fine or recovery, an affidavit be made before the levying of the same, of the true value of the land and how the same is holden, that the King may be answered accordingly, which heretofore is altogether neglected.

That the King will be pleased, for the furtherance of justice, to allow of three judges in either of the courts of the King's Bench or Common Pleas.

That there may be some lawyers and attornies sent hither into the kingdom.

That the judges do duly keep their half-year's circuits through the whole kingdom, and that at their return they certify unto the Exchequer all the recognizances, &c., that they may be levied for the King's use; and that they certify to the Lord Chancellor or the Lord Deputy of their proceedings.

That there be a sessions house, a gaol, and a bridewell in every county, and likewise a free school.

That there be a custos rotulorum and a clerk of the peace in every county, and that they and the justices of the peace do duly keep their quarter sessions.

That for the better clearing the country of all vagrant and loose people, it is to be wished that the King will be pleased to allow of a provost marshal in every county.

That there be in every province one secretary and our secretary; and that special choice to be made of them, both for their honesty and good carriage in their offices, for want whereof the King is greatly abused and driven.

That there be a place appointed for bringing the King's wards.

Pp. 6. Endd.: "Memorial for the better reformation of the Kingdom of Ireland."

199. Inquisition concerning the Island of Raghlin. [Jan. 3.] Cotton. MSS. Tit. B. x. 171–4. B.M.

An inquisition held at the Castle of Knockfergus alias Carrickfergus, in the county of Antrim, on January 3, 1604, before Arthur Chichester, Esq., Governor of Knockfergus, Foulke Conway, Knight, Roger Langford, Esq., and Moses Hill, Esq., concerning the royal domain in the so-called island of Raughlin (Rathlin), situated in the Irish channel, and in a certain ruined castle situated therein.

Copy. Pp. 2¼. Latin. Not endd.

200. Sir George Carey, Lord Deputy, to Charles Calthorpe, Esq., Attorney-General. [Jan. 3.] Carte Papers, vol. 61, p. 123.

Lord Deputy's warrant for making a fiant of a patent to Teige O'Rourke of those countries in Tirconnell, which came to the late Queen by the attainder of the said Teige's father; with reservations to the Crown of abbeys and spiritual livings, and places to be selected for building forts, pursuant to the King's letter of 11th September 1603.—Dublin, 3 January 1603–4.

P. 1. Add. Endd.

201. Value of Irish Base Coin. [Jan. 8.] S.P., Ireland, vol. 216, 1a.

"We, His Mats officers of the Mint, whose names hereunder are subscribed, for his satisfaction, and for the satisfaction of all other his subjects, do affirm that the true value of the fine silver contained in the shilling of the base Irish money, made in the lifetime of the late Q. Elizabeth, by virtue of an indenture under the broad seal of England, bearing date the second day of February 1600, is three pence sterling of the current money of England, and so proportionately in the pieces of six pence and three pence, according to the indenture, which we will justify by the assays of the said moneys, upon our oathes, and by any other convenient trial:

Sir Thomas Knyvett, Kt, Warden of the Mint.

Sir Richard Martin, Kt, and Richard Martin, his son, Masters and workers of the monies.

Richard Rogers, Comptroller of the Mint.

Andrew Palmer, Assay-master.

Edmund Doubleday, Teller of the Mint.

Paul Swallow, Surveyor of the Meltings."

8 Jan. 1603.

P. 1. Endd.: "Value of Irish base coin."

202. The King to the Lord Lieutenant and Deputy. [Jan. 15.] Docquet Book, Jan. 15.

Letter to the Lord Lieutenant and Deputy, to reduce the King's army to the numbers contained in a list sent now, discharging all others; also to pass a grant to Captain Josias Bodley, of the custody of the port and castle of Duncannon, near Waterford.

[The grant of the custody of Duncannon Fort to Capt. Josias Bodley is printed by Erck, under date May 28, Pat. Rolls of James I., Vol. 1, p. 32.]

203. Warrant to Gofton and Sutton, Auditors. [Jan. 15.] Ib.

Letters to Gofton and Sutton, auditors, to give an allowance to Sir George Carey, Treasurer-at-Wars in Ireland, of the sum of 639l. 17s., charged upon him for old base monies by him received in Ireland by the late Queen's command, which His Majesty hath now bestowed upon him for his own proper use.

204. The King to the Lord Lieutenant and Deputy. [Jan. 16.] Docquet Book, Jan. 16.

Letter to the Lord Lieutenant and Deputy of Ireland, to grant to Sir Rich. Boyle, Knight, the barony and manor of Inchequyn [Inchiquin], in Munster, escheated to Queen Elizabeth by the attainder of Gerrot, late Earl of Desmond, and by the said Queen passed to Sir Walter Raleigh, lately attainted, and by him assigned to Sir Rich. Boyle.

[Recorded, with other grants, under date 10 May 1604, by Erck, Calendar, p. 93.]

205. Sir George Carey to Charles Calthorpe, Esq., His Majesty's Attorney General, or John Davys, Knight, His Majesty's Solicitor General. [Jan. 20.] Carte Papers, vol. 61, p. 124.

The King, by his letters dated at Tottenham, 4th Sept. 1603, and directed unto the Lord Deputy, hath signified that His Majesty having been informed that Rory O'Donnel, brother to the arch-traitor O'Donnel, lately deceased in Spain, made his humble submission to His Majesty's Lieutenant of Ireland, and hath done to His Majesty and his Crown, since he was received to mercy, many good services. And now lately for the declaration of his loyal heart, the said Rory dutifully presented himself before His Majesty's royal person, humbly beseeching His Majesty's princely favour, and that His Majesty would be pleased to grant unto him and his heirs His Highness's territory and countries of Tirconnell in Ulster, which his late brother (though unworthy) and his father and ancestors had for many years past, and have ever in all former rebellions of the O'Neils, lived as loyal subjects to the Crown till his unhappy brother first stained the reputation of their unspotted name. Upon this and many the like suits, His Majesty hath resolved to manifest to all His Majesty's subjects of this realm, that out of His Majesty's princely disposition he desireth rather their dutiful loyalty and obedient hearts than in any degree increase of revenue or profit by their defection where there appeareth evident signs of and undoubted expectation of sound loyalty hereafter.

His Majesty therefore requires the Deputy to cause letters patent to be passed in due form, containing His Majesty's effectual grant to the said Rory O'Donnel, and the heirs male of his body, with remainders of like estate successively to Caffrey O'Donnel, brother to the said Rory, and to his cousin Donell oge M'Donnell O'Donell, of all His Majesty's countries and territories of Tirconnell, with all the islands, rights, and seignories, advowsons, fishings, duties, and other hereditaments whatsoever of ancient time belonging to the Lords thereof (excepting to His Majesty, his heirs and successors, all abbeys, priories, and other spiritual livings), reserving also to His Majesty, his heirs and successors, such and the same rents, beeves, services, rising out, and duties, as the father of Rory or any of his ancestors, lords or possessors of the country, yielded to His Majesty's late dear sister Queen Elizabeth by patents or composition in the late Queen's time, and recorded in the Council Book or in any of His Majesty's courts at Dublin. And reserving to His Majesty, his heirs and successors, the castle and land of Ballyshannon, and 1,000 acres of land next about the castle, with the fishings there. Liberty also to His Majesty to erect forts, provisions to be inspected, that His Majesty may freely dispose and bestow upon Sir Neale O'Donnell, or such others as may deserve the same, and their heirs, the lands, &c. which were in the possession of Sir Neale O'Donnell when he lived under Hugh Roe late O'Donnell, and in amity with him, especially Castle Fynen, and all the lands belonging to the same.

Rory O'Donnell to renounce all claim upon Sir Cahir O'Doherty's county, O'Connor Sligo's county, and upon any of His Majesty's subjects residing out of the limits of Tirconnell.

[Then follows the Deputy's warrant to the Attorney-General] to draw a fiant of His Majesty's letters patent containing a grant to the said Rory O'Donnell (son of Sir Rory O'Donnell, Knight, Earl of Tirconnell), and the heirs male of his body, of the country of Tirconnell aforesaid.—20 January 1603.

Pp. 3. Add.: "To our well-beloved Charles Calthorpe, Esq., His Majesty's Atty-General, or Sir John Davies, Knight, His Majesty's Solicitor-General. Ed. Andrews." Endd.: "Earle of Tirconnell, Jany 20, 1603."