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James I: February 1605

Pages 257-263

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

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James I: February 1605

423. Sir Arthur Chichester to the Solicitor-General. [Feb. 3.] Carte Papers, vol. 61, p. 144.

Reciting the King's letter (in hæc verba) dated at Westminster, 23 July 1604, whereby His Majesty discharges all colonels according to a list annexed, as a title not necessary, no army being now in use; but as the gentlemen who had that title may be of service again, and have most of them charge of some important places or towns in Ireland, such of them are to be continued in pay as are in the list annexed, at the pay of colonels at 10s. per day, with patents for the government of the several places now under their charge; the Lord Deputy gives warrant for a fiant of letters patent to Sir Richard Morrison, Knight, to be Governor of the city of Waterford and town and county of Wexford.—Dublin Castle, 3 February 1604.

P. 1. Orig. Signed. Add.

424. The King to the Earl of Devonshire or to the Lord Deputy. [Feb. 6.] Philad. P., vol. 1, p. 83.

Letters for the election of Thomas Rane, Dean of Cork, to the Bishopricks of Fearnes and Laughlin, vacant by the death of Nicholas Stafford, late bishop there, with liberty to retain by way of commendam the parsonage of St. Mary's, in Wexford, together with the deanery of Fearnes, chancellorship of Christchurch, and the vicarage of Ballrotherie, which he now enjoyeth.—Westminster, 6 February 1604.

P. 1. Orig. Add. Endd. Enrol.

[Printed by Erck, Calendar, p. 252.]

425. The King to the Lord Lieutenant and Lord Deputy. [Feb. 7.] Philad. P., vol. 1, p. 85.

Upon the report of the Council on the petition of Robert Newcomen, surveyor of the victuals, showing his long time of service in Ireland. A surrender to be taken of his office of surveyor of the victuals, and in lieu thereof the office of general purveyor and issuer of victuals to the soldiers to be granted, and the four commissaries of victuals employed in Leinster, Carlingford, Carrickfergus, and Loughfoile to be put out of pay. To hold the office with a fee of 10s. by the day during his natural life, to begin from the time of his surren der and to be paid by the Treasurer at Wars.—Westminster, 7 February, 1604.

P. 1. Orig. Add. Endd. Enrol.

[Printed by Erck, Calendar, p. 101.]

426. Sir Arthur Chichester to Sir John Davys, SolicitorGeneral. [Feb. 9.] Carte Papers, vol. 62, p. 2.

Warrant for fiant to accept a surrender from John Binglie, gent., of the letters patent of the office of constable of the castle or fort of Mary borough in the Queen's County, with the meadows, pastures, mills, fees, entertainment, and profits thereto belonging, granted to him during good behaviour by the said letters dated 6th September last; and to grant the said office with like lands, profits, and entertainment to Sir Henry Power, knt., during good behaviour.—Dublin, 9 February 1604.

P. 1. Orig. Signed. Add.

427. Sir Christopher St. Lawrence to Viscount Cranbourne. [Feb. 11.] S.P., Ireland, vol. 217, 6.

Professes his gratitude for Cranbourne's continued favours. Ventures to solicit from the King some mark of his gracious and liberal recognition of past services, such as others of his rank have received; might stand upon these services, but will rather rely upon Cranbourne's favour and influence. If any by detraction have laboured to blemish his reputation, he relies upon his Lordship's wisdom for vindication.—Dublin, 11 February, 1604.

P. 1. Signed. Add. Endd. by Cranbourne's clerk: "xi. Februarii 1604. Sr Christofer St. Laurence to my Lo. From Dublyn."

428. Sir Arthur Chichester, Lord Deputy, to any of His Majesty's Council. [Feb. 11.] Carte Papers, vol. 61, p. 142–3.

Warrant for fiant of pardon to 97 persons, Robert Shortal Fitz James of Ballylockane, in the county of Kilkenny, being the first of the list.—Dublin, 11 February 1604.

Pp. 2. Orig. Signed. Add.

429. The King to the Lord Deputy. [Feb. 14.] Philad. P., vol. 1. p. 39.

Letter to the Lord Deputy of Ireland, to admit George Montgomery (lately elected Bishop of Derry, Raffo alias Rapho, and Clogher) to be one of the Privy Council.—Westminster, 14 February 1604.

P. 1. Orig. Add. Endd.

430. The King to the Lord Lieutenant and Deputy. [Feb 16.] Philad. P., vol. 1, p. 89.

Grant to Lord Audley in consideration of his good service to the late Queen in Ireland and elsewhere, of so much of the King's manors, &c., or other hereditaments whatsoever, spiritual or temporal, in Ireland then in the King's hands or that should come to his hands, as should amount by the year to the clear yearly value of 100l. sterling, current money of England, according to the notes for names of such lands as the said Lord Audley should from time to time bring, to the yearly value aforesaid or thereabouts, to be passed to him by letters patent, to hold to him and his heirs and assigns for ever in free and common soccage, reserving the ancient rents of such of the said lands as were then in charge, and out of such lands as were not yet in charge the yearly rent they shall be valued at upon a survey.—Westminster, 16 February 1604.

Pp. 2. Orig. Add. Endd.

431. Lord Deputy to Attorney and Solicitor General for Ireland. [Feb. 17.] Carte Papers, vol. 61, p. 192.

Warrant for fiant of a surrender of the office of Examinator-General of Munster by Thomas Chettham, in order to a new grant thereof to John Staughton.—Dublin Castle, 17 February 1604.

432. Pardon to Con M'Neele and others. [Feb. 19.] Docquet Book, Feb. 19.

Pardon to Con M'Neele, M'Brian Fertagh Torlogh Dow, M'Kilcreef Towle O'Neele, M'Con M'Brian Ballagh, and Genecock Savage M'Robert, for all treasons by them committed within the realm of Ireland before His Majesty's reign.

433. Proclamation of Lord Deputy and Council. [Feb. 20.] S.P., Ireland, vol. 217, 7.

Proclamation by Lord Deputy Chichester and Council, recalling all commissions of martial law, except those of the Earl of Ormond, High Treasurer, the Lords President of Munster and Connaught, the Marshal of the kingdom, Earls of Kildare, Thomond, and Tirone, Lord Viscount Tullow, the Governors of Knockfergus, Derry, Bellashanan, Leixe, City of Waterford, Wexford, Breney, Kinsale, Newry, Kerry, with the seneschals of the Byrnes and Monaghan, the Deputie Governor of Carrickfergus and High Sheriffes and Provost Marshals which now have them by letters patents.

Given at H. M. Castle of Dublin, the xx. day of February 1604. Headed: Arthur Chichester. Signed: Adam Dublin, C., Thomas Medensis, Richard Wingfield, James Ley, Edmund Pelham, Anthonie Sentleger, George Bourchier, Henry Harrington, Fraunces Stafford, Oliver Lambert, Geff. Fenton, Richard Cooke.

P. 1. Printed Broadside.

434. Proclamation of Lord Deputy and Council. [Feb. 20.] S.P., Ireland, vol. 217, 8.

Proclamation by the Lord Deputy Chichester and Council, forbidding the wearing of arms to all persons travelling, on pain of forfeiture and imprisonment.—Dublin, 20 February 1604–5.

Signed: Adam Dublin, C., Thomas Midensis, Richard Wingfield, James Ley, Edmund Pelham, Anthony Sentleger, George Bourcher, Henry Harington, Frances Stafford, Oliver Lambert, Geff. Fenton, Richard Cooke.

P. 1.

435. Remembrances touching the Munster Undertakers. [Feb. 21.] S.P., Ireland, vol. 217, 9.

A Brief of Remembrances touching the Undertakers of Mounster, certified by the Lord Chief Justice, Sir Robert Gardiner, and Sir Roger Willbraham, Knight, to His Majesty by His Majesty's direction.

1. That the undertakers take new patents, with conditions to perform the covenants rateably, as the learned council shall allow.

2. That the Irish intermixed with English be removed by exchange or otherwise, if it may be, and the English to build colonies and not to live dispersedly.

3. That the Irish now unpeopled accept English, and make them certain terms, and that no imposition be taken of them by governors contrary to their covenants.

4. That Irish make leases certain to Irish, whereby they may be assured to plant, and not to depend merely upon their Lordships' will, which is dangerous for rebellions.

5. All bishops having waste lands, to dispose them for certain terms to English, and to erect freeholders for jurors.

6. The Irish can yield greater rents than English, and therefore English tenants rejected, which must be provided for if it may be.

7. Due commission was directed long since to the Lord Anderson, &c., and another to Sir Robert Gardiner, &c., to hear and determine, and proclamation to charge every one to show their titles, and in the last all titles heard at large, with small loss to Her Majesty; yet since by concealments and the Exchequer, evictions have been, contrary to orders here, that caution be given [that] the undertakers may remain quiet now from all titles; and English patentees by concealments and otherwise usually granted at less rates than undertakers pay, to people their lands with English.

8. To be considered how the common sort of Irish intermixed with English may be disarmed for avoiding sudden attempts.

9. And to be considered how the towns of Ireland may be restrained from buying or selling of arms.

These articles were more largely penned by the Lord Chief Justice, and subscribed by all three above named, by His Majesty's directions.—21 February 1604.

P. 1. Endd.

436. Earl of Clanricard to Viscount Cranbourne. [Feb. 24.] S.P., Ireland, vol. 217, 10.

Recommends Sir Rafe Sidley, who had served under him.— Dublin, 24 February 1604–5.

P. 1. Hol. Sealed. Add. Endd.: "Clanrickard to Cecyll."

437. Sir J. Davys to Viscount Cranbourne. [Feb. 24.] S.P., Ireland, vol. 217, 11.

The departure of the late Lord Deputy, though long looked for, was so sudden that Sir John lost the opportunity to send letters.

Since this present Lord Deputy received the sword he has been troubled with swarms of suitors, which, by reason of the late contagion and the retiredness of the late Lord Deputy, could not before this time have their dispatch. His Lordship is so industrious, that Sir John doubts but he will alter his health by his continual labour and intention of mind. Great consultations in the Council touching Parliament matters, according to His Majesty's directions given in October last. Is yet uncertain when he shall be sent away, because Sir Richard Cooke, with whom he is appointed to come over, is now sick, and has been so this six months past, and so is utterly unable to travel until the beginning of April, at the soonest, and even then it is doubtful. In the meantime, because the judges will be scattered in their circuits about ten days hence, he (Sir John) is assigned to go with the Chief Justice into Kilkenny and Wexford, and will not return before the middle of March. Among the Commissioners employed to go into Ulster this Lent, for want of a competent number of judges to supply the three circuits of that province, are the Recorders of Dublin and Drogheda, notorious recusants, and one of them (as we hear) a lay brother of the Jesuits. He has often pressed for an increase of the judges, and to that end Mr. Chief Justice and he prevailed so far with the late Lord Deputy that he made two very sufficient gentlemen justices of the one bench and of the other, and has carried their patents into England, although the patentees know nothing thereof. Hopes that His Majesty and he will allow thereof, but doubts lest the parties, being so able as he and the Chief Justice know them to be, will be unwilling to accept those poor places, especially if they be aware of the slow payment of all salaries here. He speaks not this for himself, though he has travelled 1,000 miles, at least, since he came into this kingdom upon his own charges, but in their behalf, who are less able to bear the charge or forbear their wages. For himself, he has not many depending upon him.

He need not write of the state of things in general, for the Lord Deputy and Council are now preparing an universal advertisement, which he hopes ere long to put into his own hands. Only he cannot but signify this particular, that their Lord Chancellor is grown so weak as he is like to leave his place void very shortly. They hope his place may be supplied by a man of gravity, experience, and bearing in the laws of the realm; for this kingdom is not to be ruled by grammar rules, nor moral philosophy, nor the examples of the Romans or Grecians, but by that policy and those laws which have made England one of the best commonwealths in Christen dom; and therefore such a one as is Civis in aliena republica, et hospes in nostra. If he be advanced to the place of Chief Councillor of the State next to the King's Deputy, [he] is like to prove stiff and peremptory and conceited, and so will many times thwart the uniform proceeding which is intended for the reparation of this broken kingdom. Writes this because he hears that some one of the like quality is a suitor for this place in reversion.

There is not any notorious thief or wood kerne now stirring in any part of Ireland, but only one Collo M'Hugh M'Mahon, in the county of Monahan, who is lately gone out into the woods with 12 or 16 loose fellows at his heels, being guilty of the murder of one of his kinsmen. The Lord Deputy hath sent a company of foot to scatter them, though as things stand yet, they are little more to be feared than so many persons in England.—Dublin, 24 February 1604.

Pp. 4. Hol. Endd.: "Sir John Davyes to Cecyll."

438. Sir Arthur Chichester to Viscount Cranbourne. [Feb. 25.] S.P., Ireland, vol. 217, 12.

Has divided the treasure received on 11th instant rateably at the Council table, allotting to each man a month's pay, and where it would not so far extend, has borrowed 1,700l. of the city of Dublin. Has sent the Lord Lieutenant a book of the monthly disbursements, which is somewhat increased by this last passage, for few come thence without one gift or other. They are daily in hand for the dispatch of Sir Richard Cooke and Sir John Davys, according to the King's directions, who shall fully bring the state of the kingdom, and the remedies proposed; therefore at this time it is unfit to trouble him further on that head.

The Lord Chancellor being aged, is now grown so weak that he thinks he will hardly escape death. Urges the importance of a fit successor. Acknowledges the assistance he has through the Lord Bishop of Meath, the Chief Baron, Master of the Rolls, and chiefly the Chief Justice and Sir John Davys. Requests him to take notice of this, in order to encourage them to the continuance of the same conduct.— Dublin Castle, 25 February 1604.

Pp. 2. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to V.C."

439. Earl of Clanrickard to Viscount Cranbourne. [Feb. 26.] S.P., Ireland, vol. 217, 13.

Is now purposed (since, thank God, Connaught is reasonably well settled,) to be in England this summer, for he longs to be with his worthy friends, and is weary of this unhappy Ireland, that yields no contentment to any but to such as take pleasure in corrupt actions, and make a merchandise of justice. He is none of those, and therefore desires to be as little in Ireland as he can. Deplores the conduct of the late Deputy, but will be silent till he comes over. Has written to Lord Northampton to remind him of a license of absence, and the need of a deputation, because of his [Lord Cranbourne's] other occasions. Fully believes that this gentleman that now is deputy will carry himself very worthily, if he be well seconded from that place. "Good my Lord, hasten my leave, for there is great difference between the sound of Cormack's harp and the tune and harsh sound of a cow or garran, so here is no other music."—26 February 1604.

Pp. 2. Hol. Add. Endd.: "Clanrickard to Vis. Cranborne."

440. Lords of the Council to the Lord Deputy and the Council of Ireland. [Feb. 28.] Philad. P., vol. 3, p. 25.

As the commission to Theobald Lord Butler, Viscount of Tulley, for the government of the county of Catherlough, with authority to raise the power of the county, is only under Sir George Carey's hand and not under the great seal, and so no sufficient authority:

And as that country consists wholly of the mere uncivil Irish, who, being linked in alliance with the ill-disposed of those parts, are continual receivers and entertainers of them, so that the Lord Butler cannot, without the strengthening of his authority, perform the service expected from him; he is to have his commission renewed under the great seal. He hath also made suit that he may have some convenient time and knowledge of the place given him, before any office be found upon the death of his father-in-law, the Earl of Ormonde (whenever it shall happen); the better to inform himself by his counsel of his right unto such lands and other things as are thereby to descend and come to him, which (being reasonable) the King hath granted.—Court at Whitehall, 28 February 1604.

Signed: T. Ellesmere, Canc., T. Dorset, Nottingham, Suffolke, Northumberland, Devonshyre, H. Northampton, Cranbourne, W. Knollys, E. Wotton, Fortescue.

P. 1. Orig. Add. Endd.