James I: November 1605

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

This premium content was digitised by double rekeying. All rights reserved.

'James I: November 1605', in Calendar of State Papers, Ireland, 1603-1606 , (London, 1872) pp. 315-354. British History Online https://www.british-history.ac.uk/cal-state-papers/ireland/1603-6/pp315-354 [accessed 25 March 2024]

In this section

James I: November 1605

570. James I. to the Treasurer at War for Ireland. [Nov. 1.] Add. Papers, Ireland.

Warrant for payment of four Irish harps per diem, with arrears, as pension to Captain Edward Dorington, having leave of absence from the Lord Deputy for a year.

P.1. Draft. Endd.

571. Lord Deputy Chichester to Earl of Salisbury. [Nov. 2.] S.P., Ireland, vol. 217, 80.

Yesterday, Roger Jones (son to the Lord Bishop of Meath), arrived here. Received by him letters from His Majesty and Salisbury, declaring the King's pleasure touching the advancement of that Bishop to the office of Lord Chancellor of this kingdom and to the Archbishoprick of Dublin;— a matter much desired by Chichester for no other end but the good of this kingdom; and if it fall out otherwise, (as God forbid,) wishes all shame and dishonour may light upon him. Registers this favour amongst many others, which proceed merely from Salisbury's honourable and good respect, of which he confesses himself very unworthy in all points, except in his true desire to do him service, and in the zeal he bears to this kingdom's amendment.

By him (Jones) likewise he received other letters from the Lords for the restraint of such idle wandering beggars as pass out of this kingdom to England. (fn. 1) gave order long since for preventing hereof to all the provinces, cities, towns, creeks, and harbours, and (notwithstanding the slackness of the officers in execution of their duties), thinks few have passed since that time. The multitude now there are rather of the former remnat, increased by the resort of others from France and Spain to which kingdoms they fled in time of the rebellion upon the beginning of the famine, out of the provinces of Munster and Connaught, and of Ulster. Thinks few will be found in any kingdom of such kind of people. As for the captains that raised men here upon letters from England, he caused them all to book the men they took with them, and to set down of what quality country, and condition they were, and to whom belonging; and charged them, upon their warrants for passage hence, to leave the same with the officers of the ports where they were to embark, and the officers not to let them pass without such notes behind them; charged them moreover to put in a month's victuals before their embarking, that they might not trouble or offend any of the King's subjects in their passage thither. And they all promised him to land their men, rather in France, if need were, than in England. His being in the north prevented better conditions being taken of them; but meeting with Captain Darcye at Dundalk upon his return, he caused him to perform so much, and will now inquire if there were any defaults in the rest. If the like be permitted hereafter, order shall be taken according to the directions received in these letters; and God knows how it grieves his heart to see how his master's subjects go forth to serve in companies one against the other, a course left and abhorred by the Swayzers themselves. Sir Christopher St. Lawrence, son and heir to the Lord of Howth, was running this course, albeit he is a Protestant, from which he has staid him, and prayed my Lord Lieutenant that some consideration may be had of him during his father's life, for in time of the troubles here, he served very valiantly. Repeats the particulars of the measures taken for repression of Popery, which he had already communicated in the letter of October 29th, adding that the sluggish and blockish security, and ignorance of our unworthy bishops, hath been the cause that this people are so misled by the doctrine of Rome, and are now so hard to be reconciled to the doctrine of the truth. Knows not at this instant three Bishops any way worthy of that dignity in this kingdom, which ought to be amended before the people can be reformed.

Renews his recommendation of Sir Geo. Bourchier's second son. Has a fair dog and bitch for Salisbury, which shall shortly be sent forward, being as yet not in case to be sent as he should wish. The plague, God be thanked, is well assuaged in Dublin, where he intends to be this next week, and to hold the end of the term there for which we have given summons.—Howth, 2 November 1605.

Pp. 4. Hol. Sealed. Add. Endd.: "Lord Deputy Chichester to Lord Salisbury."

572. Sir Arthur Chichester to Sir John Davys, SolicitorGeneral. [Nov. 3.] Carte Papers, vol. 61, p. 157.

Warrant for fiant to appoint the Lord Bishop of Meath to be Lord Chancellor of Ireland, pursuant to His Majesty's letters, dated at Westminster, 14th October last.—Howth, 3 November 1605.

P. 1. Original.

573. Mandate to Citizens of Dublin to attend Church. [Nov. 13.] S.P. Ireland, vol. 217, 81.

James, &c. To our loving subject R. W., of the city and county of Dublin, alderman, greeting:—We, by the advice and consent of our right trusty and well-beloved councillor, Sir Arthur Chichester, Knight, our Deputy-General of our said realm of Ireland, and by the assent and consent of our Council of the said realm, do straightly charge, will, and command you, the said R. W., in the faith and allegiance by which you are bound unto us, and by authority of our prerogative royal (all excuses and delays set apart), upon the next Sunday after sight hereof, and so upon every Sunday and other days ordained and used to be kept as holydays, that you resort and repair unto your parish church or chapel accustomed, and then and there to abide soberly and orderly during the time of common prayer, preaching or other service of God there to be used according to the laws and statutes of this our said kingdom of Ireland; or else, from time to time, to give your personal attendance upon our mayor of our said city of Dublin for the time being, at such time as he shall upon the same day repair to the cathedral church, commonly called Christchurch, within the said city, to hear divine service and sermons; and then and there to present and show yourself before our said Deputy-General or Council, and there continue during such service and sermons.

Whereof We require you not to fail upon pain of our high displeasure and indignation and of such further punishments as are to be inflicted upon contemners of our laws, statues, proclamations, and royal prerogative. In witness whereof, &c. —Dublin City.

P.1. Endd.: "Double of the mandate."

574. Mandate to the same effect. [Nov.13.] Philad. P., vol. 1, p. 129.

P. 1. Endd.: "Double of the mandate. Popery."

575. The King to the Lord Lieutenant and Lord Deputy. [Nov. 13.] Philad. P., vol. 1, p. 129.

Appointing Roger Dod, D.D., to be Bishop of Meath. Also to be a privy councillor, as the last bishop and others had been, whereby the King may have means to attain the better and sooner understanding of the affairs of that state in general, and in particular of the countries within and adjacent to his diocese.—Westminster, 13 November 1605.

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

[Printed by Erck, Calender, p. 247.]

576. Lord Deputy to the Earl of Salisbury. [Nov. 19.] S.P., Ireland, vol. 217, 82, 83.

By his Lordship's letters of the 6th of this instant, which arrived yesternight, he required the stay of a monastery lease in this country of Kildare from passing in the Lord Audley's book, in respect there is a lease belonging to the young Earl of Essex unexpired. Wishes him to know how the matter stands; the late Earl of Essex, upon his coming hither in 1599, made a lease of that house and lands to himself, and passed it over immediately to Sir Warham St. Leger, whose widow now holds it by that lease. The rent is 60l. by the year, and it is not worth double that sum to the lessee. When the Lord Audley propounded for it, he (Chichester) acquainted the Earl of Clanricarde therewith, who before that time never understood thereof, nor that it any way belonged to my Lord of Essex, and making at that time small esteem of it, it was thought fit by the judges and the King's Council that it should pass to the Lord Audley, in respect of itself it would fill a great part of his book. Upon this, he (Chichester) set his hand to the fiant, before his going to the North, and at Strabane he received letters from my Lord of Clanricarde desiring the stay of it, which he intended; but before his coming to Dublin it was past the seal; before, however, he signed the fiant, the Lord Audley gave him his word upon his honour before some of the Council, to resign it if the young Earl desired to have it. Faithfully believes he will perform this; but indeed the thing for profit is not worth looking to, and for pleasure, he thinks his Lordship will never use it. Has thus far presumed, as Salisbury required a true certificate from him.—Dublin Castle, 19 November 1605.

Pp. 2. Hol. Add. Sealed. Endd.: "L. Deputy to Salisbury."

577. The King to the Lord Deputy. [Nov. 20.] Philad. P., vol. 1, p. 131.

On the petition of Connor MacDermotrey to the King. To accept a surrender of all such lands, tenements, and appurtenances and duties as by office shall be found to be his inheritance in the county of Roscommon or elsewhere, and to re-grant them with an increase of 20s. yearly rent and such other conditions as in his petition expressed. But touching a weekly market and a fair yearly to be held in the town of Kilmecktrany, together with power to be given him to create manors and freehold estates of inheritance to be held of him and his heirs, the same is reffered to the judgment of the Lord Deputy to grant or not, as he may find convenient.—Westminster, 20 November, in the third year of the reign.

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

578. Decree or Censure of the Irish Star Chamber. [Nov. 22.] MSS. Library of Trin. Coll. Dub., G. 3. 1.

Mem.—That His Majesty's learned counsel made information, ore tenus, against John Elliott, John Skelton, Robert Kenedy, Walter Sedgrove, and Edmund Purcell, of the city of Dublin, aldermen; Thomas Carroll and Edmund Malone, of the same, merchants; and Philip Bassett, of the same, genthe man, to the effect, viz.:—That whereas His most excellent Majesty by a late proclamation signed by His Majesty's royal hand at Westminster, the 4th day of July, in the third year of his reign, by which proclamation it was ordained that no Jesuit, seminary priest, or other priest deriving their authority from the Church of Rome, should remain in this kingdom after the 10th day of December next after the date of the said proclamation, on pain of His Majesty's high displeasure, and that none of His Majesty's subjects within this kingdom after the said 10th day of February[sic. But December ?] should receive or relieve any such Jesuit, seminary priest, or other priest upon the pain as aforesaid. And that all His Majesty's subjects in that kingdom should on Sundays and holydays repair to their several parish churches to hear divine service and sermons, according to the laws enacted for that purpose.

Which said proclamation being twice proclaimed in the city of Dublin, yet notwithstanding, the said parties con temptuously refused to obey the same. And afterwards being called before the Lord Deputy and Council, were by them in a temperate manner required, to yield obedience to the said proclamation or show good cause to the contrary; the above said four persons answered, and would give no other answer, but that it was against their conscience to obey the said proclamation, and testified the same under their hand before the said Privy Council. And whereas also His Majesty, by several writs and mandates under the great seal, bearing date the 6th and 16th days of November 1605, did charge and command every the aforesaid persons, in the faith and allegiance which they were bound unto His Majesty, by his authority and prerogative royal (all excuses and delays set apart) upon the next Sunday after sight thereof, and upon every Sunday and other days accustomed following, to repair to their parish churches or chapels accustomed to hear divine service and sermons aforesaid.

Which writs or mandates being delivered to every of the said persons, yet they contemptuously refused to obey the same; and after many godley exhortations used unto them by that Court to withdraw their said wilful opinions, and to that purpose offered them conference with some learned divines: All which they refused, alleging that they had been brought up in the Romish religion, and it was against their conscience to go to church to hear service or sermons. Whereupon the Court, upon the 22nd November 1605, Censured, Adjudged, and Decreed, that the said John Elliott, John Skelton, Thomas Plunkett, Robert Kenedy, Edmund Malone, and Walter Sedgrove shall each of them pay unto His Majesty by way of fine for their offences, 100l. sterl.; And the said Thomas Carroll, Edmund Purcell, and Philip Basset 50l. sterl. le peece, to be levied of their bodies, goods, and chattels, the one moiety thereof to be laid out towards repairing of decayed churches and chapels, or other charitable uses, as the Deputy and Council shall think fit; the other moiety to be paid into His Majesty's coffers, and all of them committed to His Majesty's Castle of Dublin during the Lord Deputy's pleasure, and put from all office and magistracy within the city or elsewhere within this kingdom until they shall conform themselves and take the oath of supremacy. And that Philip Bassett, being of English birth and a principal persuader of others to recusancy, shall within 30 days withdraw himself or be sent into England, to be governed under the laws under which he was born, and never to return again into this kingdom. (fn. 2)

P.2. Copy.

579. Speech of Counsel in the Case of the Recusants in Castle Chamber. [Nov. 22.] S.P., Ireland, vol. 217, 84.

The effect of a speech delivered by one of the King's Counsel in the Court of the Castle Chamber when the recusants of Dublin were called to answer their contempts against the King's proclamation and special mandates, whereby they were commanded to come to church.

Pp. 9. Endd.: "Recd 29 December 1605."

580. Sir John Davys's speech at the Censuring of the Recusants. [Nov. 22.] Carte Papers, vol. 61, p. 117.

The effect of a speech delivered by one of the King's learned Counsel in the Court of Castle Chamber, when the recusants of Dublin were called to answer their contempts against the King's proclamations and special mandates, whereby they were commanded to come to the church.

The Attorney-General shortly charged them with their several contempts, and thereupon moved the court to proceed to a censure. Another of the King's counsel, thinking it fit that the cause should be handled with a little more solemnity, because both the assembly of people and the expectation of the business was exceeding great, and being desirous withal to justify the proceeding itself, because exception had been taken against it, delivered a speech to this effect:

First, because riots, perjuries, forgeries, extorations, unlawful maintenance, and the like cause within the jurisdiction of the Court principally concern the subject, and touch the King but indirectly; but the offences with which these were charged were done against the King's person.

He would not, however, aggravate the offences, but proceed rather to defend the proceedings. Though it was not for subjects to question the prerogative royal in matters of government, such as the King should command by proclamations, yet he (Sir John) would proceed to prove that the King's mandates directing men to come to church were grounded on good examples, and upon the good ancient laws governing both kingdoms, ever since their several conquests; for the prerogative of the King in matters ecclesiastical is no new thing, invented in the time of Hen. VIII., Edward VI., or Queen Elizabeth, but had been a flower of the Crown from the beginning, ever since any church had been planted in England or Ireland. To begin with plain and evident reason;—without it, he would be but half a King, if his subjects, instead of appealing to him, must be fan to appeal to some foreign oracle or power. In 10 Hen. VII. it is said Rex est mixta persona cum sacerdote, and in 33 Ed. III. it is said Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces. According to these rules, tithes, which are now spiritual duties, were in some cases payable to the King;—namely, out of such lands as were not within the limits of any parish, as it appeareth in the book 22nd Assise. He was supreme patron of all archbishopricks and bishopricks (which he was wont to bestow immediately per annulum et baculum, without any canonical election, and afterwards when he admitted election, he ever reserved a royal assent to himself), but he was also supreme ordinary; and therefore if a church became void, and the patron lapsed his time of presentation, the Bishop then presented; and if the Bishop lapsed, then the Archbishop; and if he, the King. By the ancient laws, all Ecclesiastical courts are subject to the King's commands. It appears, primo Hen. VII., that a King before the conquest did exempt the Abbot of Culham from episcopal jurisdiction; and in 17° Ed. I., that the King granted episcopal jurisdiction to the Archdeacon of Richmond. It appears in 20° Ed. III., that all spiritual or religious houses of the King's foundation were free from episcopal jurisdiction, and visitable only by the King's commissioners. Lastly, in 7° Elizabeth, he found that the King alone made appropriations of churches. In 49th Assize, the king alone made the Prior of Westminster secular, who before was regular. In 9° Hen. VII., the King alone (and at that day) could found a spiritual corporation. In 1° Hen. VII. the King alone, (and at that day but the King), could grant to a place the privilege of sanctuary. And as the law had given the King this power and jurisdiction, so had it excluded all foreign princes and prelates, and particularly the Bishop of Rome; for in the statue of Premunire, enacted 16° Ric. II., it is recited that the Crown of England had ever been free, and the statutes of that realm were not to be submitted to the Bishop of Rome, to be defeated at his pleasure. That was the voice of the people in open Parliament at that time. Before the statute of Premunire, the ancient common law was, that whoever brought a bull of excommunication against any of the King's subjects was adjudged a traitor, as it was,reported in 30th Assize. King Edward I. would have had him down and hanged, but, by the intercession of the Chancellor and Treasurer, he was permitted instead to abjure the realm. In his time the Archbishop of York lost his temporalities for refusing to admit the King's clerk to a living, alleging it was full before by provision from the Pope. Though a person excommunicated by the Bishop is incapable of bringing an action, yet whenever the Pope's excommunication under the leaden seal was shown forth in the courts, it was never allowed, as in 30 Assize, in 12° Hen. IV., in 4° Hen. IV., in 8° Hen. VI.

Thus the law utterly excluded the Pope. He (Sir John) spoke not of the laws made in Henry VIII.'s time or since, but of the old common law and statute law, for 400 years before King Henry VIII. was born. The judges who expounded those laws were not Protestants, but old Popish judges learned in the Canon law. Not one King since the Norman Conquest but had claimed and used that authority. Rufus and Hen. I., sons of the Conqueror, bestowed bishopricks and abbeys without the Pope's leave or confirmation. Thomas à Becket opposed Hen. II., and yet he subscribed the constitution made at Clarendon, though he afterwards became a champion for the Pope, and suffered a violent death; but had he been indicted, arraigned, and executed as a traitor, the King might have justified it to the world.

Pp. 8. Orig. Not endd. Hol. of Sir John Davys.

581. Sir Arthur Chichester to Sir Dom. Sarsfield, Knight, and others. [Nov. 26.] Carte Papers, vol. 61, p. 159.

Sir Arthur Chichester, Lord Deputy, to Sir Dominic Sarsfield, Knight, Chief Justice of Munster, the Attorney-General of that province, Captain Cotton, Edward Sexton, Captain Hugh Norton, Mr. Winekfele of Roberston, Rowland Delahide, and Roger Rise of Askeaton, requiring their opinion as speedily as may be, concerning the suit of James Scolles, seeking to set up passage boats at divers places below Limerick; and the Lord Deputy conceiving it might be commodious for the inhabitants, and a means to restrain the evil-disposed from passing their stealth from one side of the river to the other, desires them to meet (the Chief Justice and Captain Hugh Norton to be two), and give their opinion as to the places of passage, rates for each passenger, and for beasts, and for cattle of all sorts.

P. 1.

582. Report of Sir Dominic Sarsfield and Hugh Norton. Carte Papers, vol. 61, p. 160.

"Of all thos places upon the Shannon whir usually passengers & Cattell are ferried over, ther are no places more conveniente to be used as passages than the Beth of Munster side, Rinannon of Thomonde side, agayne Carrigefoyle of Munster side, and Kilrushe of Thomonde side; being places not any way anoyed with passes or any other that may be inconveniente to the passengers, nether is ther any coverts to hide stelthis in; whir as ther are no other places but of one side or other have wodes adjoining close to them, wherein stelthis may be hid untill they can pass over, and the passengers in danger travailing thoroue thos fastnesses.

"Nether is ther any neede upon that river of more then ii ferr[i]es; for of ether side of the river no passenger can be eight mile from one of the ii above named ferr[i]es and Limbrick, wher he may pass over the bridge. Above the Beth and Rinanon to Limbricke-aarde ther is no places wher a boate can ferry over conveniently, but at full sea; and if there were any conveniente place, yet the country people wolde rather goe eight mile above than pay ther ordinary fare. And below Kilrushe of Thomonde side ther is but one barrony for which to erect a ferry; the passengers wolde not be able to defraye halfe of the charges as he that keeps the ferry must be at.

For the rates of each ferry,—

"At the upper ferry, which should be at the Beth and Rinanon, every horse, cowe, and garrone, fouer pence; every ii sheepe, ii goats, or ii hogges, a penny; and every passenger two pence.

"At the lower ferry, every horse, cowe, or garron, six pence; every ii sheepe, ii goates, or ii hogges, three half pence; and every passenger, three pence; and any packe which any passenger carries himselfe to be free.

Dom. Sarsfelde. Hugh Norton."

The several commissioners (including the above two) endorse the above opinion.

583. Opinion of Sir James Let, Chief Justice. Ibid., p. 161.

"20 December 1605.

May it please your Lordship, I think it fitt that a surrender be accepted of the abbey, and that the same be leased again, together with the ferry boates at the former rent, with such an increase for the ferry boates as your Lordship shall think fitt. The petitioner offereth the increase of 20s. per annum. James Ley."

"22 December 1605.

"We require the King's learned Counsell to see this done accordingly, as well the surrender as the lease."

Signed: Arthur Chichester.

P. 1. Original.

584. Decree or Censure of the Irish Star Chamber. [Nov. 27.] MSS. Library of Trin. Coll., Dub., G. 3. 1.

Mem.—His Majesty's Counsel, ore tenus, informed the Court against James Bellew, Nicholas Stephens, William Turner, and Richard Ashe, of the city of Dublin, merchants, and Francis Marshall, of the same city, gentleman, that they and every of them had disloyally and disediently contemned His Majesty's laws and several statutes, proclamations, and other special commandments under his great seal of this realm, whereby they were straightly charged upon the duties and allegiance, and by His Highness's prerogative royal, that they and every of them should repair to their several parish churches or chapels, there to hear divine service and sermons, and being demanded why they did not repair to their parish churches accordingly, their answer was that their conscience led them to the contrary; and they refused to go to church to hear service and sermons. Upon which confession of their's and wilful obstinacy, the Court, upon the 27th November 1605, Censured and Decreed, that the said James Bellew, Nicholas Stephenson [sic], William Turner, and Richard Ashe, should every of them pay for their offence the sum of 100l. sterl., and the said Francis Marshall the sum of 50l. sterl., to be levied of their bodies, goods, and chattels; the one moiety thereof to be laid out towards repairing of decayed churches and chapels or such other necessary uses as the Deputy and Council shall think fit, the other moiety to be paid unto His Majesty's coffers, and all of them to be committed to His Majesty's Castle of Dublin during the Lord Deputy's pleasure, until they shall conform themselves and take the oath of supremacy.

P. 1. Copy.

585. The King to the Lord Deputy. [Nov. 26.] Philad. P., vol. 1, p. 133.

For confirming to Richard Fitzgerald, in consideration of his good service in the wars of Ireland, his pension of 18d. by the day, and allowing him the same for his life.—Westminster, 26 November, in the third year of the reign.

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

586. Bishop of Meath to Earl of Salisbury. [Nov. 30.] S.P., Ireland, vol. 217, 85.

Understands, upon his son's arrival, that it hath pleased His Majesty to lay upon him two most heavy and trustful charges in this Church and kingdom. Acknowledges his (Salisbury's) favour to have been the chief means of his preferment. Renders for this his most humble thanks, and promises that, albeit far too weak to undergo so heavy a burden, yet his careful diligence and sincerity shall supply his other defects, and hopes Salisbury will never have any occasion to think his favours ill-bestowed.

They are now beginning to seek some reformation in the citizens of Dublin in their religion, and they find it so strong and united that if the matter be not conducted with great constancy and prudent discretion, it needs must and will procure great danger in this kingdom. Both in city and country, offices and duties of conformity in this point are so neglected, and the directions founded upon the laws of this realm so contemned and resisted, with an insolent and resolute obstinacy, that he fears it will prove a work of great difficulty to bring this ignorant, wilful, and therefore stubborn people to perform any duty, either to God or to the King, unless their endeavours in this religious work may receive from England not only allowance but also encouragement and direction. Writes this to prepare his Lordship's vigilant observation to meet with and prevent their further solicitation for toleration of their superstition.—Dublin, this last of November 1605.

Pp. 3. Hol. Sealed. Add. Endd.: "B. of Meath to Salisbury."

Footnotes

  • 1. See supra, p. 336, No. 561.
  • 2. From a Book of forms or precedents in the collection of books and MSS. bequeathed to Trinity College, Dublin, by Sir Jerome Alexander, made second Justice of the Common Fleas in Ireland in 1660; died in 1670.