Calendar of State Papers, Ireland, 1603-1606 . Originally published by Longman and Co, London, 1872.
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James I: June 1605
490. Sir Arthur Chichester to the Earl, of Salisbury. [June 1.] S.P., Ireland, vol. 217, 38.
Sir Fra. Stafford's presence might excuse him (Chichester) at this time from troubling his Lordship, for by reason of his place, long experience, and good observance, the state of the kingdom is generally known unto him, of which he can make a very good declaration; but, being desirous to second Stafford in matters tending to his own private, he humbly prays to be excused in urging in addition to his own worthiness, the circumstance that his estate is not answerable to his desert; and if he have anything there to propound towards amendment of the same, prays Salisbury to favour him as his long and true services have deserved, which he need not enumerate, as they are so well known. For the public, he must suffer many services tending to this kingdom's reformation and settlement to sleep, for want of money; most men refusing to travel or labour in the same for want of means to support their expenses. Much is due from the King to his men of war and other servitors, and they, failing of payment to their creditors, can no longer be trusted. The sub-treasurer's credit is so broken that no man will trust him for 10l. The last treasure sent over hath done them little pleasure, most of it being converted to unknown payments; and yet he doubts not but the moneymasters can give an account for five times as much more if they had it in their fingers; and whereas it was to be disbursed for growing charges, and his warrant was given for that purpose, yet, when they convert the same to other uses, he may not correct them for fear some burden of their accounts should fall upon himself. This causes him to endure want; and sure he is very undue courses have been held with their payments, in which he humbly desires some amendment, for the King's profit and his own ease. For His Majesty often loseth 100l. for want of 20l. to serve a present turn; as in the shipping hence of discharged soldiers, finishing his buildings and reparations, unloading of ships freighted with victuals, munition, and such like, and in transporting it to places where it ought to be expended; besides the discharging of many unnecessary and daily increasing burdens, by continuing men in pay for want of money to discharge them. With those daily exclamations he is almost rent asunder. In these things he has hitherto shifted what he might, and is already fallen 2,000l. in debt for what is due to him from His Majesty, in which he humbly desires to be eased and considered.—Dublin Castle, 1 June 1605.
Pp. 2. Hol. Sealed. Add. Endd.: "Chichester to Cecyll."
491. Earl of Tyrone to the Earl of Salisbury. [June 2.] S.P., Ireland, vol. 217, 36.
Is sorry to be troublesome to Salisbury, though he may justly of himself presume; but Salisbury's inclination to see men righted, and the particular favours he has hitherto received at his hands, emboldens him (Tyrone) to press so much upon him. Wrote to him in March last concerning divers wrongs that in his own opinion he sustained concerning the fishing of the Bann, which is sought to be taken now from him as a thing belonging to His Majesty, as also divers other hard measures offered. As his letter was expressed in general terms, he himself being determined to follow shortly after, it would not be possible for Salisbury to take such course for his relief as he stands assured he would take were he thoroughly informed; but now, by the redoubling of injuries and hard measure, he is forced to write more particularly, and so to be more troublesome to his Lordship. The fishing of the river of the Bann is said to belong to His Majesty, because the river in the place of fishing is navigable. Knows not what belongs to these curious points of law, but can prove sufficiently that all his ancestors and himself have quietly taken the benefit thereof; and although some two or three have taken leases of the same from the late Queen, yet these lessees never enjoyed any part thereof, but being weary of paying rent for nothing, either surrendered or forfeited the leases. Hopes therefore His Majesty's promise will be observed to him, that he shall enjoy what formerly his ancestors and himself quietly possessed. Besides this, of late Sir Henry Dockwray disturbs him for the best part of the fishing of Loughfoyle; and he, together with Sir John Sydney, Captain Lee, and others have put him from the possession of a great part of his demesne lands by colour of some false offices taken, without his privity, by some deputy escheator and other inferior officers, finding the same to be parcels of abbeys and priories, which lands, now taken from him, hath been as anciently in his possession as any others he now holds in Tyrone. And although he finds the Lord Deputy and State here indifferently inclined to redress this wrong, as disliking of these kind of practices, having been originally the cause of a great deal of harm in this kingdom already, yet, as these offices are said to be for the King's benefit (although in truth he reaps no benefit thereby, the inhabitants of these lands being passed to these gentlemen before named), his Lordship and the State here advise him to seek remedy there, it being a matter, as he is answered, not in their powers to help. Being therefore now unprovided to go thither in person, he presumes much of Salisbury, that he will see a course taken for his relief herein, and that His Majesty's word and promise and Salisbury's former orders taken in his behalf may still be maintained and continued. Leaves the whole to Salisbury's consideration.—Dublin, 2 June 1605.
P. 1. Not signed. Sealed. Add. Endd.: "E. of Tyrone to Salisbury."
492. Lord Barry to the Earl of Salisbury. [June 2.] S.P., Ireland, vol. 217, 37.
His nephew Condon being a suitor here, and having obtained letter's for restoring of him unto his lands by Hyde, as they were not able to prove that Patrick Condon was attainted for being in action with James FitzMorris, as had been formerly informed by Hyde the elder. Yet the Lord Deputy and Council, upon Hyde's answer that Patrick Condon was twice attainted, the once for burning a house in Ballyhendon, and the other time for being in action with Gerrot, Earl of Desmond, have awarded that Hyde should continue his possession;—notwithstanding that the two said attainders were heretofore disallowed by Her late Majesty and the Lords of her most honourable Privy Council;—the one in regard that the burning of the house was for the speedy apprehension of rebels, which were sent to Cork to receive their trial by law; and the other, that my Lord of Ormond, upon Patrick Condon's submission, by special direction from Her Majesty, engaged Her Majesty's royal word that he should be absolutely restored to his land and living, as appeareth this day under his Lordship's hand;—which heretofore was debated there, and both attainders rejected for the causes aforesaid, as Salisbury probably remembers. Wherefore, since neither Hyde nor any other is able to prove that Patrick Condon was ever in action with James FitzMorrice (sic) (which is generally known to all the lords and gentlemen in this province), and that the gentleman is descended of the ancient English, his ancestors maintaining their possession and their lands since the conquest of this realm, nor ever impeached nor spotted with any disloyalty until the burning of that old house as aforesaid, and he far better able (if need required) to perform service than his adverse party, he humbly beseeches his Lordship to be a means to His Majesty that the gentleman may be restored, according to all former directions. This will be a great encouragement to all the ancient English in this province, to whom in general he is near allied. Thanks Salisbury for this and all his other manifold favours.—Barrycourt, 2 June 1605.
P. 1. Signed. Sealed. Add. Endd.: "L. Barry to Cecyll." Encloses.
493. Henry Pyne to the Earl of Salisbury. [June.] S.P., Ireland, vol. 217, 37 A.
States in detail the claim, of David Condon to the lands claimed by Arthur Hyde, on the ground of the attainder of Patrick Condon, the father.
Pp. 2½. Endd.: "Henry Pyne to Lord Salisbury."
[Not dated, but from its connexion with No. 492, presumed to be of the same period.]
494. Cause of Condon against Hyde. S.P., Ireland, vol. 217, 37 b.
An abstract of the particulars of this cause, Hyde making claim to certain lands said to have been escheated by attainder of Patrick Condon, which claim is resisted on the grounds stated in No. 492 (with the petition).—No date.
Pp. 1½. Endd.
495. Petition of David Condon to the Privy Council. S.P., Ireland, vol. 217, 37 c.
Prays for remission of the fees in passing of his letters patents.
P. ½. Endd.
496. Captain Edward Blayney to Thomas Wintoun. [June 13.] S.P., Ireland, vol. 217, 38 A.
Would have written oftener, but for want of conveyance of his letters. Reminds Wintoun of his promise to see Ireland. If he comes, "he will find him (Blayney) a married man that will bydde him welcome to his howse, and that superlativelye." For news, there are now but 1,200 footmen in pay, when within three years there were 20,000. Intreats him to "import some of his starling and Lowe Country naves." —Carbarye (Carbery), 13 June 1605.
P. 1. Hol. Add.: "To my verie worthy frende Mr Thomas Wintoun." Endd.: "Captain Blayney to Ro. (fn. 1) Wintoun."
497. Lord Deputy and Council to the Privy Council. [June 14.] S.P., Ireland, vol. 217, 39.
In behalf of Robert Piggot, for remuneration for the entertainment of 20 foot allowed to him by the King's special letters, but now no longer to be allowed, on account of the recent reduction in the army.—Dublin, 14 June 1605.
Signed: Sir Arthur Chichester, R. Wingfield, James Ley, G. Bowcher, Edmund Pelham, Anth. Sentleger, Jeff. Fenton.
P 1. Endd.
498. Robert Pigot to the Earl of Salisbury. [June 16.] S.P., Ireland, vol. 217, 40.
Complains that the entertainment for his "poor xxti footmen" has been left out of the list for the payment of such companies. This will embarrass him deeply, as his poor estate is engaged for the payment of 300l. Prays his Lordship's interference with the Lord Deputy and Council for the continuance of this entertainment, at least till his own poor estate of living shall be redeemed and paid for; otherwise he will be forced to break up his home and family. Has never got one penny by the grant of land, which his Lordship promised for him in the Queen's time. Is unable, in regard his estate is brought so low, to make his repair to Salisbury, and craves pardon for his boldness in writing.—Dublin, 16 June 1605.
P. ½. Hol. Add. Endd.: "Mr. Pigot. 1605."
499. Agreement of Deputy and Council with Gentry of the Pale. [June 16.] S.P., Ireland, vol. 217, 41.
Arthur Chichester.—By the Lord Deputy, Council, and the agents appointed by the nobility and gentry of the English Pale.
Inasmuch as the King's Majesty, at the humble suit of the Lords and gentlemen of the English Pale, hath, as well by His Highness's letters brought hither by Sir Patrick Barnwell and Sir Gerrott Aylmer, Knights, and Henry Burnell, Esq., learned in the laws, agents for the said Pale, as also by a special instruction to the Lord Deputy and Council, had signified that, for the good and ease of his subjects, His Majesty was pleased that the composition in lieu of cesse made with the late Queen's Majesty by the Lords, gentlemen, and freeholders of the Pale should be received, they (the Deputy and Council) in accomplishment of this His Majesty's gracious pleasure, directed their letters to the said Lords and gentlemen and freeholders in every of the counties of the said Pale, requiring them to send some of the chief gentlemen of every county, well instructed and authorized under their hands, to conclude regarding the composition. Accordingly, on the 13th of this month, they sent their agents, whose authority from the noblemen, gentlemen, and freeholders in each county the Deputy and Council have caused to be verbatim entered in this book. And on the behalf of His most excellent Majesty, after full and deliberate debating, it has been agreed that the composition of 1,500l. sterling, formerly answered out of the five counties of the English Pale;—viz., Dublin, 250l.; Kildare, 250l.; Meath, being a double county, 500l. sterling; Westmeath, 250l.; and Louth, 250l. sterling, shall be duly paid and answered yearly to His Highness, at two several feasts and terms, viz., Easter and Michaelmas; the first payment to be presently reared in each of the said counties for the last half year ended at Easter last, and the other half to be paid at Michaelmas next coming, and so to continue in force until the end of Easter week come twelvemonths, and from thenceforth during His Majesty's pleasure. And it has been further agreed that all other the former agreements set down in the Act of Composition made with Her late Majesty in the time of Sir William Fitzwilliam's government, dated the 27th June 1592, and entered in the Council Book, shall be, to all intents and purposes, kept and observed of all parts in as ample and beneficial manner as if the said Act had been inserted herein and subscribed with their hand. The copy of that Act, together with a double of this present agreement, has been delivered to the agents. This composition is to be presently entered in charge with the Auditor and other officers of the Exchequer. And the same composition money is, from time to time, to be paid into the receipt of His Majesty's Exchequer, as a casualty, for which payments no fees of any description shall be taken by the officers of the said receipt, nor any other of the officers of the Exchequer.— Dublin, 16 June 1605.
Signed: Thomond, James Ley, Ed. Pelham, Ant. Sentleger, Jeff. Fenton, P. Barnwall, Edw. Aylmer, Ro. Barnwall, W. Moore, Nich. Gernon, Chr. Plunkett, Ch. Nugent, Ed. Nugent, Chr. Holyhood, Phil. Hoke.
Pp. 2. Endd.: "The copy of an Act agreed upon by the Lord Deputy and Council, on the behalf of His Maty, and the agents chosen by the noblemen and chief gents of the English Pale, touching a composition of £2,500 ster. to be payd out of the five English shires."
500. Sir Arthur Chichester to the Lords [of Council]. [June 17.] S.P., Ireland, vol. 217, 42.
Has received an establishment, signed by His Majesty, and a letter dated the 29th April last, wherein His Highness has expressly set down the number of officers, with companies of horse and foot, and others of his army whom he would have to continue in pay in this realm, at such entertainments as are set down in the said establishment. Though His Majesty has in this establishment and letter reduced his army and officers, formerly in pay, to a lesser number than they were before, and has only allowed those to receive entertainments that are warranted by the establishment for and from the 1st of April last, and has quite cut off all others above the said establishment since the said 1st of April; nevertheless all the persons so discharged have continued in pay almost until this present; and although many of them, by reason of the remoteness of the garrisons wherein they are, remain even yet undischarged, the result is that he (Chichester) is barred from giving any warrant for what is legally due to these officers, and the Treasurer is equally barred from making payments upon his (Chichester's) warrants, if issued, contrary to all former courses held in the discharging of the army.
Has therefore thought good humbly to pray their Lordships that both he and the Treasurer may have warrant from His Majesty, or from them, to give allowance to such as are discharged, until the day that they shall have received notice by the Lord Deputy's warrants. Their Lordships will easily perceive that by His Majesty's warrant of discharge, which was dated at Court the 29th April, and which did not come to his hands till the 20th May, he could neither take notice of the warrant, nor give order for the discharge, 50 days before the warrant came to his hands; neither could the soldiers disband themselves without his warrant, which must have time also to be sent unto them. He therefore supposes it was a mistake rather in the clerk that wrote the establishment, than in their Lordships, who so justly ordered all former discharges.
Moreover, as some patentees, as the Earls of Kildare, Thomond, and other meaner personages, make demand of entertainment, according to the tenure of their patents, albeit they are not continued in this establishment (their Lordships for the government of the King's County and Clare, and others for the command of wards and castles and other places), he humbly desires to understand the pleasure of the Council, whether he shall continue or discharge them; some patents being given during pleasure, others, as long as they behave themselves well and honestly.
Prays a speedy resolution, in order that satisfaction may be given to the parties; most of whom are driven to attend, to their great charges, for the recovering of their rights.— Dublin, 17 June 1605.
P. 1. Signed. Sealed. Endd. Add.: "Chichester to the Lords."
501. Deputy and Council of Ireland to the Lords [of Council]. [June 18.] S.P., Ireland, vol. 217, 43.
In one clause of their dispatch, they acquainted their Lordships with their purpose to take the next fit opportunity of reviving the composition within the five shires of the English Pale, as a matter specially sued for to His Majesty, almost two years past, by the agents of the Pale, and one in which direction was sent hither to the late Lord Deputy to follow that matter to effect; and for their parts (in order to supply that which was left undone in his time, knowing the necessity of the service,) they have proceeded so vigorously since to the accomplishment of that business, that by all their consent, warranted by their letters of authority given to their several agents out of every particular county, after sundry meetings and debating, an agreement has been at last concluded with them for the re-establishing and reviving of the former composition of 1,500l., such as it was before it was discontinued through the late troubles of the time; to begin from Michaelmas last, when the cessing of soldiers ceased, and to continue till Easter come twelvemonths, and so forward during His Majesty's pleasure; and the first payment to commence from Easter last. This is the substance of the agreement made with them in this cause; though in the managing thereof, the Council found some difficulties and uncertainties on their parts, growing (as they alleged) out of the poverty of the country and some wastes in the particular parts thereof. And albeit they (the Council) insisted much to draw them to an increase of that composition towards the easing of the great charges His Majesty is at for their defence, and urged the reasonableness of making a difference between the present time, being a time of peace, and the seasons past which laid them open to troubles and burdens, yet in this point they proved utterly repugnant, as being altogether unable to sustain, as they said, any increase at all after so great a weakening of their estate by the late long rebellion. Accordingly, finding it impracticable now to work them to any larger contribution, they (the Council) thought it not amiss to accept of what they could get, till, by the help of a better time, they might induce them to more.
Send herewith a copy of the instrument and Act of this agreement, humbly submitting their endeavours to their Lordships' grave considerations. And, touching any demands they (the five shires) had to make for beeves and cess of soldiers since the composition hath been intermitted, and likewise what His Majesty may justly challenge of them for arrearages of that composition since the intermission, inasmuch as they alleged they were not now ready to enter into reckoning with the Council, neither were they (the Council) prepared so fully to join with them in those accounts, as they hope to be at the return of Auditor Ware, who is now attending at the Court. They have found it requisite, therefore, to forbear, at their suit, all proceedings therein till a more apt and convenient season. And though it concerneth greatly the honour and justice of this State to hold firm this composition, inasmuch as the new receiving of it deriveth from His Majesty and his immediate direction, yet, such is the want of means, for lack of money to sustain the soldiers, that they (the Council) see no way to bear up the word given, and to prevent breaches, unless it will please His Majesty, with all speed, to supply them with money, whereby they may in some measure contain the soldier under discipline, and so avoid oppressions in the country. For the time of the dividend of the last exceeding small portion of treasure, being to expire within eight or 10 days, and no means being left to them to borrow money in this poor and bad country, and no other help remaining to relieve the urgent necessity, their Lordships will be pleased to consider in what distress they stand to keep up the composition, which they have promised in His Majesty's behalf to hold inviolable. The breaking thereof, to use a dutiful plainness towards their Lordships and under their Lordships' correction, would not a little blemish the honour of this estate, besides putting of the people into a general distaste of their doings, should they see their word so lately given thus suddenly broken.
And being fallen on the matter of money, and their want thereof, as in their last dispatch of the 20th of May they acquainted their Lordships with the small quantity that then arrived here, which they signified as being under 6,000l., they now find, upon further trial, that it is little more than 4,000l., as is apparent by the receipt and issue of it. How far so great a diminution hath disappointed the dividend set down and proportioned according to the first notice, namely, that the sum brought was little under 6,000l. and now falleth out to be but about 4,000l.,—and how much it may discourage the army, and many other poor servitors who were to have part and share therein, they humbly leave to their Lordships to consider. For their own parts they cannot but grieve and bemoan the misery; but to be driven, through want of money, to break the composition so soon after the settling of it, is the thing that grieveth them most; and therefore they most humbly beseech their Lordships, with all the dutifulness and earnestness they can, to move His Majesty, not only to direct that a further supply of treasure may be sent with all possible speed, but also to give order that the sum assigned there may be forwarded entire, or at least with as small diminution as may be; so that the army may be in some measure comforted, and the breaking of the composition avoided; humbly assuring their Lordships that such is the present distress of some of the army, that sundry captains and companies desired rather to be discharged than to continue in pay, being so slenderly relieved thereby.
They represent, moreover, how requisite it is that some remnant of treasure be reserved to answer those extraordinary necessities, which are of daily occurrence and cannot be avoided, and must presently be answered;—such as allowing to messengers small rewards for present services done, charges about forts and fortifications, with sundry other occasions of present disbursements, which occur daily, and ever have been and will be incident to this State.
[The Lord Deputy, on his own part, continues, that] "having long time laid to cut off one Col M'Hughe M'Mahown, a notorious murderer and continual disturber of the borders of the English Pale towards the north, and having given order for his prosecution with some of His Majesty's forces, directed by Sir Garrott More, he hath so well carried that service, that the traitor, being followed and hunted from bogg to bush, lost sundry of his followers in the action, and himself was driven in the end to fall into the lap of one Gailand, a gent of the county of Louth, and was brought yesterday by Sir Garrott More to the Castle of Dublin; where he shall receive the reward of his evils according to the course of law and justice, after he shall have been exactly examined touching his abettors and relievers, with other circumstances requisite for His Majesty's service. But in order to reward such as deserved best in this service, the Deputy is driven to borrow 20l. to be distributed amongst them, there not being so much money in the treasury nor in the Exchequer."
Lastly, having in this sort ended with the five shires of the English Pale for their yearly composition of 1,500l., they intend (God willing) to have the like dealing with the five foreign shires in Leinster for reviving of their former composition, being 600l., such as it was before, and to begin and continue according to the example of the five shires of the Pale. In this they will not fail to do their best to draw thereto an increase of composition, though they look to find at their hands the like success which they had with the Pale men.—Dublin, 18 June 1605.
Signed: Arthur Chichester, Thomond, James Ley, Edmund Pelham, Anth. Sentleger, G. Bourchier, Jeff. Fenton.
Pp. 3. Signed. Add. Endd.: "Dep. & Council to the Lords."
502. Deputy and Council of Ireland to the Lords. [S.P., Ireland, vol. 217, 431.]
[Duplicate of No. 499.]
503. Sir Arthur Chichester to Earl of Salisbury. [June 19.] S. P., Ireland, vol. 217, 44.
The common letters [of the Deputy and Council] will declare what order they have taken with the five shires of the Pale in reviving the composition; and he (Chichester) humbly beseeches Salisbury to favour them with money, whereby the soldier may be relieved, and they may be enabled to make good their words given in the King's behalf. Is likewise a suitor for himself, that he may receive his full entertainment, as it grows due, and three months beforehand; as it has been allowed to former Deputies, who were better able to support the honour and charge of this place than he. By the ledger book, and by the collections made by Mr. Heart and Bingly, it will appear what is due unto the army. The remains being great, it is impossible for him (Chichester) to satisfy the wants out of the small proportion of treasure which comes to this country. All he can do is to make known their wants, and particularly and patiently to endure their clamours, which are daily and grievous. Through these general wants the King's business has slow proceedings, most men being dull and remiss in matters committed to their charge; and being forced through necessity to use unlawful shifts, by the same the King is a great loser in his buildings. Works which have cost two or three thousand pounds (for want of small matters to finish and cover them), go daily to decay; and when they have no money, they must needs take up victuals, which doubles His Majesty's charge. There are many captains and others, who, if paid their remains with some small increase, would quit the kingdom, or settle themselves to other fortunes here, without further charge to His Majesty. And this he (Chichester) holds to be the first course whereby to ease the King's charge. For in abating the forces there is danger, as some letters sent to my Lord Lieutenant may make known; for most men here will have their will, if they be not withstood with strong hands. The best way to increase His Majesty's revenue will be the reserving of the customs upon granting new charters to the corporations; for there is little hope of increasing the composition on any shire, or to draw anything from the Irish counties, whose payments are but in name only.
The King's grants daily increase. There is come hither one Mr. James Hamilton, with two letters from the King, one containing a gift of 100l. land in fee-farm, in the name of Tho. Ireland; the other for passing unto him the Great Ardes or Upper Clandeboye, with as much of that country as Neale M'Brian Ertor [Feartaghe] O'Neale, or his predecessors had rents, duties, or cuttings upon; by virtue of which words, if he have his desires, he will have more lands than the greatest Lords in that kingdom; and all is given in free and common socage, whereby His Majesty's tenures are lost and everywhere abridged. If copies of those letters be called for, the grants will be found to be extraordinary. When he (Chichester) was in England, it pleased the King by Salisbury's means, to bestow on him the castle of Belfast and other lands adjoining. He has passed it twice, and as yet he understands by this gentleman, who, as it seems, has sought all the records there, some question may be made thereto by reason of some grants made long since to Sir Thos. Smith; for albeit that deed be of no force, yet not being so found void in the office as the records of those deeds were not in this kingdom, he is subject to danger. Prays therefore that one letter more may be granted unto him, for repassing the same. Has written at large to my Lord Lieutenant of the affairs within, being loath to trouble with longer discourses Salisbury, whose business otherwise is so general and burdensome. — Dublin Castle, 19 June 1605.
Pp. 3. Hol. Endd.: "Sir Arthur Chichester to E. of Salisbury."
504. Lord Deputy and Council of Ireland to the Lords. [June 23.] S.P., Ireland, vol. 217, 45.
The late disorders in the Exchequer in Ireland has been altered, and more convenient order is now established.
They desire a letter from His Majesty authorizing them to convert the country of Monaghan to His Majesty's benefit, being desolate since the rebellion.
They desire a warrant for taking surrenders, and passing estates again of lands surrendered, and explain the advantages that will arise therefrom.
Beg to know His Majesty's resolution presently in this course, or any other course by Commissioners.
His Majesty's letters to Tirone and other Lords in Ulster would make them more ready to yield to the establishment in those countries after the manner of England.
Since the departure of the Tramontane, some pirates hinder all trades on that coast by robbing. They desire, therefore, that some barks may be sent thither for defence of the merchants, as heretofore hath been done.
O'Connor M'Guyer's lands have been passed to him according to the Lords' letters from hence.
The like has been done to Sir Henry Oge M'Henry O'Neile.
Lord Viscount Tully has been made Lieutenant of Caterlogh.
Commission has been given to the judges to treat with the shires for revising the late composition.
The Earl of Tirconnell's commission of lieutenancy has been dispatched.
It can scarcely be expected that his Lordrship and Neyle Garbye shall be reconciled; but the Lord Deputy, assisted by some of the Council there, upon knowledge from the Lords hence, intends to go northwards to settle their and other controversies.
They dare not accept a surrender, and pass a new grant to Earl of Tirconnell without His Majesty's warrant, nor put life into his hands.
They desire His Majesty's warrant to pass Neyle Garby such lands as are exempted out of the Earl's grant. This will be a help to their reconciliation. They request to have the like authority to pass lands to Shane M'Brian and others in the Clandeboys; and desire to be directed how to answer such as have warrants from His Majesty for passing of lands, considering that His Majesty hath given former restraints of the new, and none other lands there are but such as are restrained. Pray them to give instructions and authority that letters may be written into Munster, directing that the undertakers shall plant their lands according to the first establishment.
Postscript.—By reason of the absence of the Tramontane, and the still continuing of the pirates upon the coast, they are driven to man out (at His Majesty's charges) a hired bark, armed with men and munition, either to take the pirates or to chase them away from these coasts.—Dublin, 23 June 1605.
Signed: Arthur Chichester, James Ley, Edmund Pelham, Anth. Sentleger, Jeff. Fenton.
Pp. 6. Sealed. Add. Endd.
505. Articles of Demands made by the Earl of Tirecon nell in England, and apostiled by the Lord Deputy and Council of Ireland. S. P., Ireland, vol. 217, 45 I.
Apostillings to the points of the Lords' letters, dated the 28th of March 1605, in the behalf of the Earl of Tirconnell.
1. A letter written to Sir Henry Docwra to signify his opinion touching this letter.
"Touching his desire to have the garrison at Lyffer [Lifford] removed, and the possession thereof given to him."
2. First the survey to be made up and perused; remember it be better surveyed.
"To his desire to have the survey of Tyrconnell formerly taken to be enrolled."
3. He first paid 200 beeves, and in lieu thereof there was 300 marks reserved by the late Lord Deputy, which being done with his consent, we see not how it may be altered.
"To his suit that he may only pay his old rent reserved upon his country."
4. The fourth is respited until the coming of the Commissioners, as is expressed in the letter; yet we find further, that some parcels of Assaro [Asheroe] passed in fee-farm to Robert Leycester, and the whole fishing of the Earne, passed by lease for 21 years, wherein Odonell's weir is comprehended, which was done before the passing of the Earl's patent, and all these things excepted out of his patent.
"To his desire that all the abbeys and their lands, and all the fishing belonging to the same, and especially of the Abbey of Assaro [Asheroe] be delivered unto him."
5. Respited until the coming down of the Commissioners at what time the matter shall be thoroughly examined.
"To his desire to have order for the restitution of certain cows by him restored to Sir Neale O'Donnell, of a prey by him taken of the said Sir Neale in the time of his rebellion, which he affirmeth were the number of 500 cows."
6. The Earl to send the names of six gentlemen, freeholders of the county, every year to the Lord Chancellor and judges, whereby they may proceed in that matter according to the statute for choosing of sheriffs.
"To his suit to have sheriffs chosen of the gentlemen of Tyrconnell, such as he will name and present."
7. There shall be a thousand acres, such as shall be most commodious for the Castle, and with least offence to him allotted by Commissioners.
"To his request to have the 1,000 acres belonging to Bellashena [Ballyshannon], to be chosen or allotted between Bellycke [Belleek] and Bellashena."
8. Let him name the parties that took the fishing, and they shall be commanded to appear before the Commissioners, before whom his Lordship shall be righted.
"To his suit to have such duties as are found by survey of such as shall fish in his country."
9. The tenants must have their liberty of all tydes without compulsion, according to His Majesty's proclamation; but for the lands, upon the Commissioners repair down, there shall be order taken in that behalf.
"To his demand that Sir Neale O'Donnell may have no more of the tenants of the country than those which he held when he was M'Ainty with Hugh Roe O'Donnell."
10. If he be possessed of it he shall not be removed; and when it shall appear that he is forcibly dispossessed of it, we will give order to put him in possession again. To which end a letter is written to the Earl of Clanrickard, Lord President of Connaught.
"To his desire that order may be taken that the possession of Bondroys may not be taken from him," &c.—28 March 1605.
Pp. 2. "Apostillings to the points of the Lords' letters, on the behalf of the Earl of Tyrconnell."
506. The King's Debt in Ireland. [June 23.] S.P., Ireland, vol. 217, 46.
Account of the King's debt in Ireland for a year and a half, besides concordatums for extraordinary charges.—23 June 1605.
507. Lords of the Council to Sir Arthur Chichester, Lord Deputy of Ireland. [June 23.] Philad. P., vol. 3, p. 39.
Though the country be in peace and the people freed from war, yet there are many there unfitted to live in quiet, who, it is thought, would willingly betake themselves to the wars of other foreign countries if they might find persons by the following of whom they might get entertainment. To this end, Captain Walter Delahoid, Captain Maurice Garaldin [Geraldine], and Captain William Darcy are to be permitted by the President of Munster to assemble, in an orderly manner, as many as they can get in Munster to go with them.
The Lord Deputy is requested to give them like liberty in the other parts of Ireland; wherein (however) it is not meet that any men be taken up by sound of drum or displaying of ensign, but only such as may be voluntarily procured by themselves and by means of their friends.—Court at Greenwich, 23 June 1605.
Signed: T. Ellesmere, Canc., Lenox, E. Worcester, Suffolke, Northumberland, Devonshyre, H. Northampton, Salisbury, W. Knollys, E. Wotton, F. Bruce, J. Herbert.
P. 1. Orig. Add. Endd. On the back is the following note: "That Captain Delahoid, Captain Darcy, and Captain Fitzgerald [Maurice Garaldin] may have 200 voluntaries a piece into the Low Country warres."
508. The King to the Lord Deputy. [June 27.] Philad. P., vol. 1, p. 101.
Having considered the suggestions of the Council of what was necessary to be done for the settling of Ireland, and after consultation with his Privy Council upon them, he sent his resolutions upon some points; the rest should follow as his affairs in England would permit.
First, for the better administration of justice of that kingdom, he was pleased to increase in either of his Benches there one justice more, and would make choice of fit persons from England by advice of his Chancellor and Chief Justice there, and would qualify them with the title of serjeants before their going. And to the end that both they and all other the judges there might exercise their places with more respect among the people, he directed that they should all use such robes as the judges of England, to be furnished at the King's charge. The present was to be a warrant to the Treasurer to make them an allowance of 20 marks yearly a piece for 12 yards of cloth in grain, and furs for their said robes, as was allowed in that kingdom to the barons of the Exchequer for their robes. It was further his pleasure, that for the countenancing of the principal officers of justice there, the two chief justices, the chief baron, and all judges in their circuits should be honoured with the title of Lord, as was used in that realm.
And whereas he was informed that [ ] (fn. 2) Everard, one of the judges there, though otherwise commended for his knowledge and upright carriage, was a notorious and obstinate recusant, so as his example was scandalous and an encouragement to others, whom for his good parts he would not publicly disgrace, yet in regard of his recusancy he could not, without wound to his conscience, as well as for example sake, think fit to be continued in any authority. The Deputy was to advise him presently to resign voluntarily his place, and to take some allowance of the King for his maintenance in a private life, lest he might be forced to remove him by his authority. The judges of the Benches and other justices of assize and gaol delivery attending the State were to make several circuits and progresses once in every year at the least into the provinces of Munster and Connaught, so that the true state of things in those remote places might be from time to time discovered and reported to the Deputy.
And touching particularly the settling of the province of Ulster, he had given a commission under the great seal for division and bounding of the Lords and gentlemen's livings, and such other purposes as was required by the Deputy and Council. He had also directed a commission to some of them to compound with his subjects there for defective and imperfect titles, according to the pattern of that which was in execution there, and had resolved to grant no more warrants of lands coming within any titles of concealments, hoping that thereby his people should receive contentment, and his coffers some augmentation, by the composition with the tenants of such lands. He had renewed another commission at their request for compounding for old debts and arrears of rents. Thenceforth all rents, compositions, and profits whatsoever, growing due in Munster, Connaught, or elsewhere, were to be paid into the receipt of the Exchequer; and the justices and ordinary officers of the said provinces were to be paid out of the same revenues and compositions, and all other compositions in the Pale, as Leinster and elsewhere, were to be paid into the receipt.
And, as he had been informed that offence had been taken theretofore by his people at the purchasing of land by surveyors and escheators upon offices found by themselves, they were to take order then for that time, and further, afterwards, by Parliament, that no surveyor or escheator should purchase any land of his own finding or surveying. Approves of their diligence.—Westminster, 27 June, in the third year of the reign.
Pp. 3. Orig. Add. Endd.: "Concerning the Establishment." (fn. 3)
509. The King to the Lord Lieutenant. [June 27.] Philad. P., vol. 1, p. 103.
A stipend to James Ware, made assistant, in the first year of our reign, to Christopher Peyton, auditor of foreign accounts, of 10s. by the day, during life, instead of during pleasure, as at his first appointment.—Westminster, 27 June, in the third year of the reign.
P. 1. Orig. Add. Endd. Inrolled.
510. Sir Arthur Chichester to Sir J. Davys, AttorneyGeneral. [June 29.] Carte Papers, vol. 61, p. 147.
Warrant for fiant for patent of license of absence to repair to England for three months, for Sir Thos. Ridgeway, Bart., Vice-Treasurer and Treasurer at War.
P. 1. Endd.