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James I: July 1605-August 1605

Pages 300-308

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

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James I: July 1605-August 1605

511. Sir Arthur Chichester to Salisbury. [July 3.] S.P., Ireland, vol. 217, 47.

The better to begin a foundation to the settlement of the North, purposes, with God's assistance, to leave this place, and draw towards that border on the 11th instant, where he will remain about Dundalke until he shall be joined by the Chief Justice, the Chief Baron, and some other of the Council, who are now in their circuits towards the south parts. If practicable, will take with him the Lord Bishop of Meath, who is well acquainted and much esteemed in those parts. The chief matters in which they will intermeddle will be in acquainting those ignorant people with the benefit and blessings which they shall receive by the law and the King's gracious protections; and in distinguishing and settling the disputes and questions between the Earl of Tyrone and some captains and others of the English nation, who by purchase have got the possession of some abbeys and other lands, in which Tyrone thinks himself wronged;—they being passed underhand, as he terms it, before his (Chichester's) time, to certain grantees, who had books from His Majesty; and likewise in determining the controversies, and in certainly meering the lands betwixt his Lordship, Sir Tirlough M'Henrie, and Sir Henrie Oge O'Neale, together with other business within his country.

Is informed that the Earl labours by all means possible to draw these to forego their patents, and to hold directly under him, as they had been accustomed ; from which he (Chichester) will endeavour as fast to dissuade them. In Tyrconnell they will be much troubled in making a good settlement and agreement betwixt the Earl and Sir Neale Garvie O'Donnell ;— they being carried with violent endeavours the one against the other ;—and in reducing to their old liberties the freeholders, whom the Earl, by his new patent and council, hath much engaged. Will have the same trouble betwixt the two M'Guyers. Sir Randall M'Donnell, Sir Arthur Magnesse (M'Gennis), and their followers and tenants, formerly propounded for a commission to accept of surrenders, and to regrant the lands surrendered to the parties, with good caution and advantage to His Majesty. Were they strengthened with that authority, it would greatly countenance their endeavours, and not merely profit His Majesty's and the good settlement of his kingdom ; for as lands have been in this way disposed of to suitors, the King hath lost most part of his duties, rents, and services, and sometimes the hearts and obedience of his subjects, through the Lords' construction of the King's gracious meaning, converting the gift towards the satisfying of their fast-grounded and indifferent ambition, and the poor people's miserable oppression.

Has received letters signed by the Lords of His Majesty's Council, signifying His Highness's pleasure for their accepting surrenders of patents from the Earl of Tyrconnell and Sir Aghie (Oghey) O'Hanlon, and re-granting the same. This the judges and learned Council conceive not to be a sufficient warrant whereupon to pass the seal ; wherefore, if the King be pleased thereinto favour them, he (Chichester) humbly desires in this and causes of like nature (if any hereafter shall be) to have the same under His Majesty's hand, which is thought the only warrant for passing the seal in this kingdom.

Lately received letters from their Lordships for restraining the passage of idle people and beggars, from out of this kingdom. Conceives few have gone hence in his time, and has given further directions for prevention of the same hereafter. These are all the letters he has received for a long time. —Dublin Castle, 3 July 1605.

Pp. 2. Hol. Sealed. Add. Endd.: "Chichester to Salisbury."

512. Capt. Wm. Power to Salisbury. [July 3.] S.P., Ireland, vol. 217, 48.

Praying that his pension of 4s. per diem may be paid in English currency.—Dublin, 3 July.

P. 1. Signed. Add. Endd.

513. Proclamation against Toleration in Ireland. [July 4.] S.P., Ireland, vol. 217, 49.

By the King. James Rex.

Is informed that his subjects in the realm of Ireland have, since the decease of Queen Elizabeth, been much abused by an untrue suggestion and report to the effect that he purposes to give liberty of conscience or toleration of religion to his subjects in that kingdom, contrary to the express laws and statutes therein enacted, and to that uniformity of religion which has ever been constantly professed by him and is universally used and observed in his other dominions and countries. This false rumour is not only a secret imputation upon him, as if he were more remiss or less careful in the government of the Church of Ireland than of those other churches whereof he has the supreme charge, but also divers of his subjects in that kingdom are heartened and encouraged to continue in their superstition and recusancy; and such Jesuits, seminary priests, and other priests and bishops, ordained by foreign authority, as did secretly before lurk in sundry parts of that realm, do now more boldly and presumptuously show and declare themselves in the use and exercise of their functions, and in contempt of the King, his laws and religion. He has therefore thought meet to declare and publish to all his loving subjects in the realm of Ireland his high displeasure with the report and rumour, and with the authors and spreaders thereof, and his resolve never to do any act that may confirm the hopes of any creature, that they shall ever have from him any toleration to exercise any other religion than that which is agreeable to God's word, and is established by the laws of the realm. By this public act he desires to declare to all his subjects his resolution; and he straightly admonishes and commands those of that realm from henceforth duly to resort and come to their several parish churches or chapels, to hear divine service every Sunday and holyday, according to the tenor and intent of the laws and statutes, upon the pains and penalties contained therein, which he will have from henceforth duly put in execution. And being advertised that a great number of seminary priests, Jesuits, and other priests, made by foreign authority, range up and down in that kingdom, and not only seduce the people there to embrace their superstitious ceremonies, but maliciously endeavour to alienate the hearts of his subjects from himself by insinuating and breeding a distaste in them both for his religion and his civil government—taking upon themselves the ordering and deciding of causes both before and after they have received judgments in the King's courts of record;—he declares, publishes, and proclaims, that it is his will and commandment that all Jesuits, seminary priests, or other priests whatsoever, made and ordained by any authority derived or pretended to be derived from the See of Rome, shall, before the 10th day of December next, depart out of the kingdom of Ireland. And that no Jesuit, seminary priest, or other priest ordained by foreign authority, shall from and after the 10th of December, repair or return into that kingdom, upon pain of his high displeasure, and upon such further pain and penalty as may justly be inflicted upon them by the laws and statutes of that realm. And upon the like pain, he expressly forbids all his subjects within that kingdom to receive or relieve any such Jesuit, seminary priest, or other priest who, after the said 10th day of December, shall remain in that realm or return to the same or any part thereof. And if any such Jesuit, seminary priest, or other priest, shall continue wilfully to abide in that kingdom after the said day, or shall voluntarily repair or return into the kingdom, or if any subject shall receive or relieve any Jesuits or priests, in contempt of this proclamation, then all governors, sheriffs, justices of peace, sovereigns, portreeves, constables, and all other loyal subjects, are directed to use their best diligence and endeavours to apprehend and imprison all such offenders. If, however, any Jesuit or other priest shall present himself before the Lord Lieutenant, or before a member of the Privy Council, and shall conform and repair to the church duly and orderly, according to the intent of our said laws, it shall be lawful for all and every such Jesuits or other priests, to continue to abide in the kingdom, and to enjoy the benefit of the laws and royal protection in as free and ample manner as any other good and loyal subject, so long as they shall continue in their said conformity.—Westminster, 4 July.

Pp. 2. Printed. Endd.: "A proclamation, &c."

514. The King to the Deputy and Council. [July 4.] Philad. P., vol. 1, p. 105.

Since his former letters of the 22nd of last month, has been made acquainted by his Council with two dispatches they had received from their Lordships—the one of the 18th and the other of the 23rd of the same month ;—and did thereby return them his answers.

And first touching that of the 18th, consisting of two parts; the first part a report of their proceeding with shires of the Pale about the composition for cesse, and the conclusion taken therein. This was approved, and they were urged to continue their endeavours to reduce the five other shires to a like composition. And in order to maintain that composition, and that the King's credit and honour should be preserved, 14,000l. would be sent over immediately, with special charge to the Treasurer that no part thereof should be issued in England, but that the whole should come into Ireland to supply the wants of that kingdom. Thus the second part of that their letter was satisfied, being in fact nothing but expression of those wants. Within six weeks or two months, 10,000l. more should follow ; and so from time to time such other supplies as his great expenses there in England would afford.

Their other letter was of many points, whereunto the following were his answers in order :—First, touching the country of Monaghan. Upon particular information from his Lieutenant there, he had thought good to give them authority, according to their desire, to use their best discretion in raising benefits to the King, having regard, in the disposing of that country, to observe such promises as theretofore had been made by the Lord Lieutenant to several persons, owners of parcels of it; of which promises some were passed by him jointly with the Council, and some by himself. The memorials of the former would be found in the Council chest, and of those which passed from himself he would advertise them. As to their application for liberty to take surrenders from the Irishry, and to re-grant them their estates, they (the Deputy and Council) would receive satisfaction when such commissions should come to their hands, as they had sent them by Cooke and Davys, giving them the authority they desired. And for the better execution of that and other commissions, as by their former memorials sent by Cooke and Davys, they desired to be granted for the establishing things in Ulster, he had already (before receiving their last letters), caused letters to be written to the Earls of Tyrone and Tyrconnell, and other persons of quality in Ulster, to the purposes they desired. Half a score of those letters, signed by his hand, should be sent to the Deputy and Council, and they might seal them with the privy seal there, and forward them to such as they might make choice of. Approves of the course they have taken to clear the coasts of pirates by fitting out boats against them; and they might continue it as often as should be necessary, until he should send some ships of his own. Intended to speak of that with the Admiral on his return from his journey.

(fn. 1) Those letters werenot delivered.

Approves of the Deputy's intended journey to the North to compose things between the Earl of Tyrconnel and Niel Garvey. The following was his answer to that which he had written concerning each of them:—First, for the Earl of Tyrconnel, he approved of their apostils to the several parts of his suits recommended to them theretofore from the Lords of the Council. He authorized them to accept a surrender of the Earl of Tyrconnel, but to be careful that he got not more by the new grant than he had under his former patent, or such lands as he had since gotten from the freeholders in that province; and his lands were not to be re-granted to him unless he should relinquish all claim to the said freeholders. If he had word for the Liffer (and some of the Council there thought he had not), which Sir Henry Docwra so much pressed to be reserved, then all that the Deputy could do was to seek it by voluntary composition, for in other sort the King meant not to offer any violation to his word. He was to pass to Niel Garvey such lands, parcel of Tyrconnel, as were excepted out of the Earl's grant, and reserved in the King's hands, having care to distinguish and make certain the said lands before he should pass the grant. And for the sake of quietness between him and the Earl, they were thereby authorized to make the best accord they could. They were likewise authorized to pass to the heirs of Sir Bryan Mac Phelim, namely, Shane Mac Bryan O'Neale, the son of Neale Mac Hugh O'Neale, and the ancient freeholders, such portions of Lower Clandeboy as they should think fit to be allotted to each of them.

Concerning the interpretation they wished him to make of warrants theretofore granted to divers of his servants for lands in fee-farm, comparing the same with such restraints as he had likewise made of lands of several natures not to be passed, it would be impossible to resolve beforehand, and the Council were to use their discretion, wherein he would protect them against the complaints of those disappointed. And therefore he had no more answer to make than that he would be more sparing in giving than theretofore. As for the warrants that were already passed, they should suffer them to be filled in with such parcels as might be best spared, notwithstanding any restraints. These he would have them construe to be chiefly meant for lands pretended to be concealed, and church lands in Ulster, of which he means that none at all should pass, and for lands adjoining to forts of most importance, and necessary to be kept. With regard to their suggestion that letters should be written from the Council to the undertakers, he thought it would be a stronger enforcement to them to perform the conditions of their tenures if they could be dealt with by course of justice. Their patents therefore should be viewed by learned Council and some of the judges, and proceedings should be taken if any advantage could be had by course of law for breach of the conditions of their grants. They were also to inform the President to make it known to them that the King misliked their carriage.—Westminster, 4 July, in the third year of the reign.

Signed at foot: Salisbury.

P. 4. Orig. Add. Endd.

515. Sir Garret Moore to Salisbury. [July 13.] S.P., Ireland, vol. 217, 50.

Thanks Salisbury for the great favours he has received from him. Begs his acceptance of a cast of hawks, which he sends to him.—Mellyfont, 13 July 1605.

P. 1. Signed. Add. Endd.

516. The King to the Lord Deputy and Keeper of the Great Seal. [July 15.] Philad. P., vol. 1, p. 111.

Warrant to accept a surrender from Sir Edward Phiton [Fitton] of the lands granted to him in the province of Munster by the late Queen, because of some imperfections in the letters patent, in order that the lands may be granted to him freed from all misnames and other defects; for which he produced and showed a letter from the Council of the late Queen directed into Ireland allowing of his suit to such effect.—Westminster, in the third year of the reign.

P. 1. Orig. Add. Endd. Inrol.

517. Sir Arthur Chichester to Salisbury. [July 16.] S.P., Ireland, vol. 217, 51.

Sends a present of hawks. Will wait 8 or 10 days at Dundalk for dispatches, which, as he learns by a packet received by the "poast-barke" of the 8th of this instant, are coming from the Lord Lieutenant unto him.—Dublin Castle, 16 July 1605.

P. I. Hol. Add. Endd.

518. Lords and Gentlemen of Munster to the Lord President. [July 16.] S.P., Ireland, vol. 217, 76 I.

They represent to the Lord President the peaceful state of the province, and commend the integrity of Sir Dominick Sarsfield, the Chief Justice.—16 July 1605.

Signed: John De Courcy, Markus Ansseley, Cor. Carty, Ed. Gibbon, Florentyo Dryscoylle [O'Driscol], Thomas Cahir, To. Carthie, D. de Rupe and Fermoye, Castleconnell.

P.I. Add. Endd.: "Lords & Gentlemen of the province of Munster to Sir Henry Broncker, Lord President."

519. The King to the Lord Deputy. [July 18.] Philad. P., vol. 1, p. 113.

Warrant for a grant under the Great Seal of the reversion of the Constableship and Ward of the Castle of Dungarvan, for his life, to Edward Carey, nephew of Sir George Carey, the Treasurer at Wars in Ireland, in consideration of the time spent in the King's service under his said uncle, immediately after the death or surrender of the said Sir George Carey, with all fees, entertainment, and profits appertaining to same.—Westminster, 18 July, in the third year of the reign.

P. 1. Orig. Add. Endd. Inrol.

[Printed by Erck, Calendar, p. 246.]

520. Lords of the Council to Sir Arthur Chichester, Lord Deputy of Ireland, and the Council there. [July 24.] Philad. P., vol. 3, p. 37.

Urging the Council to diligence in executing the many orders forwarded to Ireland with the King's approval. They think it but reasonable to say this much of the bearer of their letters, Sir John Davys, His Majesty's Solicitor, that, by his carriage there, they find their choice of him to inform of the state of Ireland to have been very judicious. They cannot satisfy the Council's demand for more justices until next term. They urge payment of the arrears of Sir John Davys's allowance.—Court at Theobalds, 24 July 1605.

Signed: T. Ellesmere, Canc., Lenox, Suffolke, Devonshyre, Northampton, Salisbury, E. Wotton.

P. 1. Orig. Add. Endd.

521. The King to the Lord Lieutenant and Deputy. [July 30.] Philad. P., vol. 1, p. 109.

Warrant for letters patent to pass, containing a grant of the office of Provost Marshal of Leinster to John Bowen, for life, in consideration of his own and his father's good services, in reversion after his father Robert Bowen, now in possession of same, whenever the said office shall vacate by the death, forfeiture, or surrender of said Robert Bowen, with the accustomed fees and profits.—Ampthill, 30 July, in the third year of the reign.

P. 1. Orig. Add. Endd. Inrol.

522. The King to the Lord Deputy. [July 30.] Philad. p., vol. 1, p. 115.

Warrant for grant under the Great Seal to Captain Henry Moyle, late Scout-master General of Ireland, of a pension of 4s. English by the day, for his life, from the 25th day of July 1603; thereby confirming a grant of the Lord Deputy and Council, made about three years since, of a pension of like amount, and to commence from that date, and so to continue until he should get something of better worth; in consideration of his good service done in the wars there, and his discharge of the office of Scout-master without any recompense, as appeared by a concordatum dormant under the hands of the Lord Deputy and Council.—Ampthill, 30 July, in the third year of the reign.

P.1. Orig. Add. Endd. Inrol.

[Recorded by Erck, Calendar, p. 251.]

523. Lord Deputy to Earl of Salisbury. [Aug. 8.] S.P., Ireland, vol. 217, 52, 53.

Received his letters this day, together with a commission by the hand of Mr. Wilson, who likewise, he is informed, brought the treasure to Dublin. They have entered into such points of their commission as the times and estate of the country will advise them to deal in for the present, but it is too soon to begin with the composition in lieu of cesse, the country being waste and full of misery. When other things are settled, this will follow in time convenient. Formerly received letters from His Majesty and from Salisbury by Mr. John Powre (Power), the contents of which they will endeavour and labour to perform, as near as they may, with all expedition; and after his (the Lord Deputy's) return to Dublin he will give a full relation of their proceedings. Is very sorry that the Lord Bishop of Meath (fn. 2) was not inserted in this commission. His Lordship is now with him, and he may well say, that from him he has his best assistance in most businesses concerning the good settlement of these parts. When his Lordship understood of his having been left out, he would have returned; but having so great use of his advice and experience, he has detained him, as well by command as entreaty, assuring him that it was but an omission in him that drew the commission. Does not know how to excuse Sir Richard Cook and Sir John Davys, for he conceives they were acquainted with the draft thereof, and, as he perceives, ready enough to place themselves before men of greater worth; and specially Sir Richard Cook, in ranking himself before the Lord Chief Justice, the Master of the Rolls, and many others, who take offence thereat, and the more so as they conceive it proceeds from his own setting down. Has sometimes moved Salisbury, and the Lord Lieutenant more often, in behalf of this Lord Bishop of Meath, that they would be pleased to advance him to the Chancellor's place. Begs to continue the suit in his behalf, finding him of great sufficiency, wise, honest, and of long experience in the affairs of this kingdom. By honouring him with this office, and removing him to the Archbishoprick of Dublin, the King's profit will be somewhat increased, and a room left for a good man to be placed in Meath, when, by finding a man sufficient from England, it cannot be but chargeable to His Majesty, by reason the Chancellor's fee is but 400l. a year, and too near a stipend to support the greatness and honour of the office. Humbly recommends him to his Lordship's grave consideration.

At his entrance upon this charge, Salisbury was pleased to promise him his support, which he finds to the ease and business of his heavy burden; and as it was the principal cause that made him cheerfully undertake the business, so it affords the greatest means to the welfare and prosperity thereof. Thanks him for comforting him for plain delivery in what condition the treasure came unto him. Has received some reprehension in the same matter from the Lord Treasurer, to whom he has excused himself, and seeing Salisbury allow so well thereof, is the less disheartened. Knows not how it is now arrived, but as the soldier is to receive his whole entertainment in money after Michaelmas, without victuals or apparel, it will require the greater proportion of money to be sent to them, of which he has reminded the Lord Treasurer. Is sorry that the estate of the kingdom is so miserable, and the condition of the people so inclined to mischief, that it must for a time be a charge to His Majesty in planting and settling the welfare thereof. My Lord of Tyrone is well inclined to yield unto and further the points of their commission, which they have imparted unto him, but the waste of his country and the people's misery will not as yet admit of so perfect a settlement as he and they desire. Will, for the present, proceed as best they may, and as they shall receive further advertisement. Is much bound to Salisbury for His Majesty's letters and his gracious acceptance of his poor endeavours. Will labour therein with care and honesty. If the kingdom yield not fruitful success, according to expectations, it shall, by God's assistance, be no fault of his.—Camp, near Dungannon in Tyrone, 8 August 1605.

Hol. Pp. 3. Endd.: "Lord Deputy to Salisbury."

Footnotes

  • 1. In Sir Arthur Chichester's hand.
  • 2. Thomas Jones. He had been consecrated Bishop of Meath, 12th May 1584, and was translated to the See of Dublin on the 8th November 1605, at which time he was appointed Lord Chancellor of Ireland.