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James I: October 1605

Pages 324-344

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

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James I: October 1605

544. Sir Arthur Chichester, Lord Deputy, to Sir John Davys, Solicitor-General. [Oct. 1.] Carte Papers, vol. 61, p. 152

Warrant to any of His Majesty's counsel learned in the law, to make out a fiant or form of letters patent to Phelim M'Cartan, upon his surrender to the King of all the country of Killemartin, otherwise called M'Cartan's country, of re-grant of one moiety thereof to the said Phelim M'Cartan.

Reciting that it appears of record in Chancery that Phelim M'Cartan, chief of his name, and Donell Oge M'Cartan, his brother, by writing dated 19th September last, for a certain consideration of money, did sell to the very good Lord Sir Edward Cromwell, Knight, Lord Cromwell, the third part of all that country and territory of Killemartine, called M'Cartan's country, in the county of Down in Ulster (the principal or mansion-house of the said Sir Phelim, and the demesne lands thereunto belonging, excepted) ; to have and to hold to the said Lord Cromwell, his heirs and assigns, for ever. And reciting further, that the said Lord Cromwell and Phelim M'Cartan, of their own free will, had surrendered unto His Majesty all the said country which the said Lord Cromwell or the said Phelim M'Cartan did hold, either jointly or severally, to the intent that His Majesty should re-grant the one moiety of the premises unto the said Lord Cromwell, his heirs and assigns, for ever ; and the other moiety to the said Phelim M'Cartan, his heirs and assigns, for ever. And reciting the King's commission, dated 19th July last, to Sir Arthur Chichester and other commissioners, empowering them to accept surrenders made unto His Majesty by any subjects of his realm holding by the custom of Tanistry, or who claim or possess any lands without lawful title derived from His Majesty or the Kings of England, and to re-grant the same back again to any persons so surrendering, to the surrenderer, his heirs and assigns, for ever. The said Lord Deputy authorises any of His Majesty's learned counsel to prepare a fiant, granting to the said Phelim M'Cartan, his heirs and assigns, for ever, one moiety of all the premises before mentioned, to be surrendered as aforesaid.—Howth, 1 October 1605.

Reserving unto all and every person and persons their rights and titles in the premises or any part of them.

Pp. 2½. Orig.

545. chichester to Salisbury. [Oct. 2.] S.P., Ireland, vol. 217, 67.

His northern journey has been the cause of his long silence ; but having sent a long report of their doings in those parts to the Lords of the Council, he will be eased from perusing it in other papers. Among the impediments to this kingdom's tranquillity, he laments the corruption of under officers, and the scarcity of good justices of the peace, which can only be remedied by planting of English and others well affected in fit places. Without their assistance in the remote places, most of their commands are in vain transmitted. In this matter of banishing the priests and Jesuits, and for performing other duties in the church, he thinks few or none but of their own nation will aid them, and the Government here can hardly answer their expectations there, by reason that many of the principal subjects do even hate and detest them, for no other cause but that of religion, and as much as in them lies cross and discountenance all their endeavours. He complains of the inconvenience caused by the vacancy of the Lord Chancellor's and Archbishop's places, and the Treasurer's absence; and now, upon the death of Sir George Bourchier, four great places will be void and unsupplied. Some councillors are already in England, and others would fain repair thither; "many are content to receive the pay and suck the sweets of Ireland, but few love the service, or like the country, accompting it base, and obscure, in that it is not countenanced with greatness, which in all likelihood would give great furtherance to the reformation and settlement thereof," a man of his (Chichester's) estate and fortune being fitter to serve His Majesty in meaner places. He verily believes that the King shall more confirm and strengthen his estate, and leave a more honourable memory behind him by reforming and civilizing of Ireland, than in regaining France. It is much waste and unpeopled, and the replenishing of it with civil men will be a great strength every way to His Majesty in all his wars and defences. Knows of many who endeavour the finding out of Virginia, Guiana, and other remote and unknown countries, and leave this of our own waste and desolate, which must needs be an absurd folly or wilful ignorance. The country for the most part is barbarous and irreligious, and there cannot be a greater or more commendable work of a Christian Prince than to plant civility, with the true knowledge and service of God, in the hearts of his subjects. The present vacancy of the see of St. Patrick's, near Dublin, is a good opportunity for considering the state of the see. The profits of it are for the most part converted. By Sir Rich. Cooke and Sir John Davys sent some reasons in writing for the alteration of the coin, and now suggests that His Majesty shall yet awhile longer pay his men of war and other servitors in this land after this manner, by altering the coin. His Highness shall be a gainer, if the patentees and others be paid as the men of war, at least 5,000l. yearly.

Entreats a good proportion of treasure for their next supply, as the King is in great arrear to his men of war and servitors in this kingdom, as is thought above 40,000l.; what comes he converts to pay the growing charges, which is no small discontent to those who have much growing due unto them. The charge the King is at in this land ariseth not altogether upon the poor remnant of the army, but is greatly increased through the multitude of pensions, patentees, and other extraordinary entertainments, of a great part of which (by giving authority and command to this Council, and by passing the remains), His Majesty would soon be eased. Knows he is one of the greatest supporters of his poor endeavours, and for the same he will ever continue his faithful servant, &c.—Howth, 2 October 1605.

Hol. Pp. 4. Endd. "L. Deputy to Salisbury."

546. Sir Oliver Lambert to Salisbury. [Oct. 2.] S.P., Ireland, vol. 217, 68.

"When last in England he was thought worthy the next martial post which should fall void in Ireland, and the King signified his intention to that effect. Now that Sir George Bourchier is dead, he makes bold to solicit his office of Master of the Ordnance, being "a poor man who has spent his hool life in the warres." Begs Salisbury's influence in his behalf, —Dublin, 2 October 1605.

Hol. P. 1. Add.: "To the Right Honble my very good Lorde the Earle of Salisburye." Endd.: "October 2. Sir Oliver Lambert to my Lord."

547. The King to the Lord Deputy of Ireland. [Oct. 3.] Add. Papers, Ireland.

Allowance to the Countess of Kildare to pay, by instalments of 20l. yearly, the sum of 300l. or thereabouts, due as arrearages to the Crown for lands, &c., being rent unpaid for spiritual livings and glebe lands in Lecale, demised by indenture of 6th Dec., 26 Eliz., under the rent of 45l. Irish yearly, which lease had already expired and a fresh one granted.

Pp. 1½. Endd.: "3 Oct. 1605. To the Lord Deputy of Ireland, for instalment of an arrearage of rent due by the Countess of Kildare."

548. Lord Deputy Chichester to Salisbury. [Oct. 4.] S.P., Ireland, vol. 217, 69.

Upon his return from the North, by reason of the increase of the plague at Dublin, drew the Council hither, where he intends to remain until it please God to decrease that sickness.

In this journey he took with him, besides the two judges, the Bishop of Meath and Sir Garrett Moore, knowing well that he should labour to better effect by their advices and persuasions with the Earls and many others, than he could do by the severity and strictness of the law, which as yet is very distasteful unto them. For it is often seen, and in this people most apparent, that men are more readily inclined to take counsel and advice from him of whom long acquaintance hath made them well conceived, though it tend to their loss and damage, than from a stranger for their profits. He found the Earl of Tirconnell better inclined to listen to reason than he conjectured before coming thither ; for upon his return from England he was much carried away with self-conceit and the favours he had received there. If their project for the fortifying and incorporating of the Lyffer be allowed of, he would suggest that His Highness should pass unto the Earl in feefarm one or two of those abbeys in Tirconnell, which he now holds by custodiam, and to dispose of the rest to some English or Scottish freeholders; for these men, holding but for ten years by custodiam, do account the same as good inheritance as any they have, and will grieve as much to part therewith. The lack of freeholders in these parts for the better prosecution of justice is a great hindrance to the reformation and settlement of this kingdom, as by their ignorance and remissness most laws, proclamations, and other edicts made for the peace of the land do even sleep and vanish. He would therefore have these freeholders in the commission of the peace and put in authority ; and unless more pains are taken in this kind in general throughout the whole kingdom, little good can be expected, although the number of judges were tripled. He endeavours amendment in this respect, but it is hard in this nation to light upon honest, careful, and understanding people.

Urges the filling up of the vacancies of Lord Chancellor and Archbishop's places and of Sir George Bourchier's place with sufficient men. For the place of Chancellor and Master of the Ordnance, he has presumed to recommend the best this kingdom doth afford, namely, the Bishop of Meath and Sir Oliver Lambeart. If the Bishop of Meath be advanced to the place of Chancellor, it would be requisite that he should exchange his bishoprick for that of Dublin, although he conceives the Bishop had rather hold his place in Meath. If his Lordship be thus removed to that place, reminds Salisbury of Mr. Moynes for Meath, who came lately to him with letters of recommendation from his Lordship.

At his first entrance into this office he called his attention to St. Patrick's. The time now presents the remembrance of it, through the Archbishop's vacancy, and in his opinion it is a matter worth the looking into; for besides the furtherance it will give to the breeding and bringing up of many scholars who must be this kingdom's reformers (for without learning and understanding, barbarous customs will never decay,) it will in some manner yield an increase to His Majesty's coffers; and he may well say part of it is now unworthily bestowed. Again urges a supply of treasure to pay the arrears of poor captains and other servitors.

Since the last treasure they have borrowed 3,000l., and all doth not serve to give a reasonable satisfaction to hungry suitors. In the last establishment it is set down that from the 1st of this October the soldier shall receive the whole of his establishment in money without apparel; money comes so slowly and so scantily, that he fears the poor men will discover their nakedness this winter, which makes him a suitor that it may be sent in more plenty for that purpose, or that he will determine whether they may not, without offence to that establishment, receive apparel for this winter, the soldier being better able to forbear the same in summer than at this season.—Howth, 4 October 1605.

Pp. 5. Hol. Endd.:"Deputy to Salisbury."

549. Lord Deputy and Council to the Lords [of Council]. [Oct. 4.] S.P., Ireland, vol. 217, 69 1.

[This dispatch is identical with that already printed in p. 317 (No. 538). The earlier copy is dated September 30 In the margin of the present copy, which bears date five days later, October 4, 1605, are a few notes, which it is proper to preserve. As these notes are posterior in time to the dispatch of September 30, it appears desirable to present them at their proper date. Instead, therefore, of these notes being attached to the dispatch under date September 30, they are here produced at their proper date ; and the paragraphs to which they belong are reprinted, all the rest of the dispatch being omitted, as being identical with No. 538.]

"We began our labours at Ardmaghe, where first, in the church, being much ruined and fallen to decay, we found a number of priests, all ordained by foreign authority, and holding their dignities and prebends by Bulls from Rome, not one man amongst them carrying a disposition to celebrate divine service and sacraments according to His Majesty's laws. And where there is a college of 12 vicars chorals endowed with tithes to a good yearly value, which by their foundation were bound to attend the service of that church, we find those tithes to be demised by lease, by Mr. Wood, the dean, without any lawful authority. For redress of these enormities in this church, we have not only directed the Lord Primate, the Archbishop of that see, and then in our company, with all convenient speed to provide and place in that cathedral church a sufficient minister to serve in the same according to His Highness's injunctions, but also have admonished and enjoined himself (who understands this language and is well able to speak it in person), every summer to repair thither, and there to reside for three or four months to instruct that people by his preaching to countenance the ministry, and by the exercise of his spiritual jurisdiction, to reform a number of abuses amongst them, having likewise caused him for the present to sequester the tithes and profits of that calling to be reserved for the maintenance of some poor scholars of that Province, whereof already we have chosen a few who are of some towardness to be placed in the college near Dublin until a competent number of ministers may be provided and placed there to attend the service of that church."

The Lord Primate is now building, and intends to reside there according to our direction.

The Dean Wood intends to cross this good course if his desires take place, as I am advertised.

* * * * * *

In this place we have left Capt. Henry Adderton with a ward of ten men, being a gent, who hath carried himself well and honestly in war and peace, and is a good help to us in execution and administration of justice in these parts.

Since the date of this letter we have confirmed Captain Adderton in an estate of those 300 acres of land for 21 years, if he live so long, and a ward is now settled by His Majesty's establishment of the 1st of April 1606.

"Besides this we have procured the lands of three towns, containing by estimation 300 acres, to be allotted to the fort of Mountnorris, by the consent of Patrick O'Hanlon, who made claim thereto, and in lieu thereof we intend to accept of his surrender of other eight town lands and a half adjoining, and to grant unto him a good state therein from His Majesty, he now holding the same by the ancient custom of Tanestrie, and also we have meered and distinguished 300 acres of large measure of the lands next adjoining to the same to the fort of Charlemount, according to the reservation made in His Majesty's letters patents lately made out unto the Earl, with free liberty for the garrison to take competent houseboot, hedgeboot, plough boot, fireboot, and turbary growing upon the lands of the said Earl of Tyrone nearest adjoining to the said forts and lands, or from whence they may most conveniently bring or carry the same, for their necessary uses to be bestowed and spent upon the fort, for the use of the commander and soldiers, and not otherwise to be sold or consumed, of which lands we intend to take further assurance for His Majesty."

* * * * * *

"And further also, after diligent hearing and due examination of the particular cause depending in controversy between Sir Henry Oge O'Neile and the Earl of Tyrone, we have ordered and ended that difference, having by our order established Sir Henry Oge's possession of all the lands whereof he was possessed at the time of his first submission to the Lord Lieutenant, which were two ballibetoes in Tyrone, adjoining to the river of the Blackwater on the north side called Moniterbirne [Muinter-Byrne], and three ballibetoes in Tourannie on the south side of that river, in performance of the true intent and meaning of the Lord Lieutenant's promise and word passed to the said Sir Henry, hearing of no difference between the Earl and Sir Tirlaghe M'Henry touching the Fewes.

Every ballibetoe con-tains 960 acres of largemeasure. The Earl of Tyrone intends to com-mence suit against Sir Henry for the three ballibetoes in Tourannie, by reason, as he allegeth, they were not known by the name of Henry Oge's country when he submitted himself ; but in this we must for many respects assist him.

"Proceeding on our journey, we came to Dungannon; but before our coming into the county of Tyrone, we found it to be distinguished into three several baronies, in which number are included the three baronies of Omaghe, Lymevadie, and Colrane lying in Ochaanes [O'Cahan]. In some of those baronies the Earl of Tirone, by our advice, hath named a convenient number of freeholders to be created, and hath agreed to submit himself to an order for the reservation of certain rent out of every freehold."

I conceive that O'Caine's country is not sufficiently passed unto the Earl, of which good use may be made. This O'Caine is a simple and froward man, whose disposition the Earl works upon, and makes him thereby to depend on him, who (as it is thought) is otherwise absolute Lord of that county, if his de-scent be lawful; but he is held to be illegitimate.

* * * * * *

"We have ordered to Sir James Neale Garves and his heirs the number of 43 quarters of land in Glanfin and in Mungenagh next adjoining to the same; both which parcels of lands are stated next to the Liffer, which we conceive to be a sufficient portion for Sir Neale, containing above 12,400 acres."

Every quater contains 400 acres at least.

* * * * *

These letters bear date the 4th October 1605.

Pp. 13. Endd.: "Letter from the Lords to the Lords of the Council."

550. Lord Deputy and Council to the Lords. [Oct. 4.] S.P., Ireland, vol. 217, 70.

Copy, in more modern hand, of the preceding paper.

Pp. 11.

551. Sir Edmund Pelham and Sir Anthony Sentleger to Lord Salisbury. [Oct. 4.] S.P., Ireland, vol. 217, 71,

Mr. Robert Oglethorpe had been recommended by Sir George Carey to the office of Second Baron of the Exchequer, and appointed thereto. Has since served as judge of assize in a circuit, with great advantage to the King's revenue and service. Understand that it is the King's intention to confer on justices of assize in Ireland the same titles which are held by the English judges of assize. Accordingly recommend Mr. Robert Oglethorpe to be made a serjeant-at-law.

P. 1. signed. Add.: "To the Right Hon. our verie good Lorde the Earle of Saresburie."Endd.: "4 day of October. Sir Edmund Pelham, Sir Anth. Sentleger, to my Lord, 1605, concerning Mr. Oglethorpe."

552. The king to the Lord Lieutenant and Deputy. [Oct. 4.] Philad. P., vol. 1, p. 119.

Barnard, Bishop of Limerick, having informed him that there is 50l. yearly rent belonging to the bishoprick wrongfully detained by some patentees, undertakers of escheated lands in Munster, and prayed to be allowed to recover the same at law or to be otherwise recompensed out of the King's gracious favour; the Lord Lieutenant, finding the information to be true, is directed to grant him by letters patent the bishoprick of Kilfennor [Kilfenora] and Dromore, long since void, and for situation convenient to be annexed to the bishoprick of Limerick, as they exceed not 50l. yearly or thereabouts, as the King is informed, and therefore not a competent living for a bishop, to hold the said bishoprick in commendam only and so long as he shall continue Bishop of Limerick, or until the King shall bestow on him some other recompence in lieu of his said rents.

The patentees not to be disquieted in the meantime by the bishop's claim to said rents.—Westminster, 4 October 1605.

P. 1. Orig. Add. Endd.

553. The King to the Lord Lieutenant and Deputy. [Oct. 4.] Philad. p., vol. 1, p. 121.

To accept a surrender from Captain Edmund Barret of all his lands in the barony of Irrus [Erris], and other his possessions in the barony of Tyrawly in the county of Mayo, and to regrant him the same for life, with remainder in tail to his three sons William, Richard, and Edmund, with like remainders in tail to others of his kindred and name.—Westminster, 4 October 1605.

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

[Printed by Erck, Calender, p. 208.]

554. Lord Deputy and Council to the Lords. [Oct. 5.] S.P., Ireland, vol. 217, 72.

Since their repair to the neighbourhood of Dublin, although there hath been no safety for them to hold their wonted assemblies and residence in the city by reason of the infection, yet they have met for conference in some requisite matters for the government, and, withal, after their long silence, for some dispatches to the Lords.

Have received the commission sent with His Majesty's letters of 27th of June and 4th of July last; but the two other commissions mentioned in those letters, the one for compounding with the subjects here for defective and imperfect titles, the other touching the composition and remittal for old debts and arrearages, are not yet come to their hands. Urge the hasting of them over. In the same letters His Majesty's pleasure is further signified touching the removing of Sir John Everard from his place in respect of his religion, and for increasing in each of the benches here one justice more, to be men well chosen and of sufficiency. Before the receipt of those letters the Deputy had admitted two judges, one in the King's Bench, the other into the Exchequer, being gentlemen recommended from thence, and by some of the judges here. They are of good understanding, and carry themselves uprightly in their places, which they mention, in order that they may continue in their places, if the Lords shall be so pleased; for their removing will work their utter disgrace, and will be a rare example, seeing they have not, so far as is known, committed any offence deserving the same. Will proceed with Sir John Everard, for whom they have sent, according to His Majesty's pleasure. If they can bring him to conformity in religion, he is very fit for his place, being a grave and honest gentleman.

Have caused the King's proclamation for the expulsion of Jesuits and seminary priests to be printed and proclaimed, giving them time until the 10th of December next to convert themselves to the truth or avoid the realm. They promise to be careful to see it sincerely and roundly put in execution, it being the first step to this kingdom's amendment; but in this business they expect small assistance from the natives of the same. Observe that their several duties are heavy, because justice has so long slept in this kingdom through the troubles and rebellions, and the burden is heavier through the many places now vacant, namely, the office of Lord Chancellor, Archbishop of Dublin, and Master of the Ordnance, which last is fallen void by the death of Sir George Bourchier, who died the 24th of September last. Their burden is likewise increased through the absence of the Treasurer, in consequence of which they are often busied in money matters, which should be his particular charge. These considerations make them humble suitors that money may be sent, not only for the growing charges, but towards the payment of the arrears due to the poor servitors. Have been already forced to borrow upon their bonds and credits 3,000l., and that sum is now increased; they therefore urge a speedy supply of treasure. Beg of them also to remember His Majesty's late direction to dissolve his late establishment for apparelling the companies from this last Michaelmas forward, whereby the soldier is put over to be relieved wholly with money, and thereby his weekly charges, which before was but 3sin lendings, is now increased to 4s. 8d. the week. Desire therefore that money may come to answer their weekly lendings, and to furnish them with apparel for this winter, otherwise it will be hard and dangerous for them who at this time are so ill furnished.

With regard to the general revenues of the realm, they have to observe, that, though these be but small and partly diminished, yet there was never such difficulty to gather in that which remaineth, caused partly by the backwardness of the people, and partly out of a general scarcity and want of money in all parts of the realm. Moreover, touching the particular of the province of Munster, the revenues there being stopped by His Majesty's late letter, partly in the Lord President's rent of the impost, and partly to supply all his other entertainments, with the diet of the Council and their fees, the whole receipts of the province and impost rent are, in effect, converted to answer the President's turn, and little or nothing left to be brought to the Exchequer. This is a dangerous consequence. The other provincial and particular governors seek the like help. The revenues of the realm, which ought to be brought into the receipt, will be in danger to be cantonized and drawn into parts to answer particular persons, without respecting the general case of all other officers and ministers serving about the State, who (by their letters patents) are to receive their annual stipends out of the revenues, and not otherwise.

Urge the filling up of the vacant offices, and suggest that if His Majesty shall be induced to accept of any servitor within this kingdom for the office of the Ordnance, Sir Oliver Lambert, a privy councillor in this State, and of good understanding both in civil and martial affairs, would be well fitted for it. Are the more forward to move for him by consideration of an intention, formerly signified hither in His Majesty's letter, to bestow upon him the next office in this kingdom fit for one of his sort which should happen to be void, as appears in large in the words of his letter dated at Woodstock, 9 September 1603, &c.—Dublin, 5 October 1605.

signed: Sir Arthur Chichester, Edmund Pelham, James Ley, Anth. Sentleger, Jeff. Fenton, Oliver Lambert.

Pp. 3. Add. Endd.: "L. Dep. & Council to the Lords."

555. Lord Deputy Chichester to Earl of Salisbury. [Oct. 5.] S.P., Ireland, vol. 217, 73.

Had formerly recommended for the Lord Chancellor's place in this kingdom, the Lord Bishop of Meath, a grave man, and of great judgment and experience. If he should be so advanced, it would be fit he should forego the bishoprick of Meath, and have the Archbishoprick of Dublin; but unless it be by directions from thence, conceives he will be loath to do this, the other being of as good or better value. In such a change would recommend one Mr. Moynes, a good divine and well learned, whose dependancy (as he alleges) is chiefly on Salisbury.—Howth, 5 October 1605.

Hol. P. 1. Sealed. Add. Endd.: "Deputy to Salisbury."

556. Sir John Davys to Salisbury. [Oct. 5.] S.P., Ireland, vol. 217, 74.

Since his last arrival, which was about the 10th of September, there have risen few or no occurrences worthy of his knowledge or consideration. For though the Lord Deputy had ended his northern circuit, yet he resided still at Dundalk, being doubtful to return to Dublin because the infection began to increase again, so as his Lordship being removed 40 English [miles] from the rest of the Council who were returned to Dublin, the distance of place between them did cause a slow of public business. But since his Lordship came to Howth, where he then remained very ill accommodated, there had been two or three meetings of the Council, and some orders taken and some dispatches made. They had adjourned the term until All Hallow-tide, by reason of the contagion, which was then only in the suburbs, but because the house of our Lord Justice had been visited and one of his servants dead, which had enforced him with the rest of his family to retire into the country; the report of the sickness was much increased, though the number of them that died decreased. They had likewise published the proclamation sent out of England commanding the people to come to church, and banish the priests and Jesuits. Of this, as yet, they saw little effect, and if the sickness continued it would hinder the execution of this proclamation very much; and yet he could not but note unto him that yesterday, being Sunday, notwithstanding the plague and the absence of the Lord Deputy and others of the Council, he saw at the sermon seven aldermen besides the mayor, and 400 other persons at least of all sorts; which was a greater number than he had seen at any time since he came into the kingdom, even when the Lord Deputy and the Council with all their train were present. Finds the State here very well satisfied with the last dispatches that came out of England before his return; only they were unsatisfied touching the alteration of the standard of money, and blamed him for doing nothing therein. But he told them that he had often moved the Lord Lieutenant in that behalf, who still answered him that as yet the time served not. Assures Salisbury, that as things then stood, the army being reduced to so small a number, the reducing of the 9d. to the true value would rather advantage than prejudice the King, and give a singular content to all the subjects. He speaks not for his own advantage, for they make him keep the vow of a Carthusian friar, that is, he must touch none of the Prince's money. Beseeches him to be a means that the good and able judges, with men intended to be sent hither, may be here ready to supply the circuits in Lent, and that their Chancellor that shall be, may, if it be possible, be a common lawyer, &c.—Dublin, 5 October 1605.

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

557. Sir Arthur Chichester to Sir John Davys, Solicitor-General. [Oct. 5.] Carte Papers, vol. 61, p. 154.

Warrant for fiant for letters patent to appoint Sir Thomas Roper, Knt., Constable of Castlemayne in county of Kerry, in place of Sir Charles Wilmot, Knt., who hath surrendered the constableship and the patent dated 8th December, 43 Elizabeth, appointing him thereto, on the same terms as Sir Charles held the same, viz., a fee of 3s. per day for himself, 9d. a day for four horsemen, and 8d. a day for 13 footmen, to hold during good behaviour.—Howth, 5 October 1605.

Pp. 1½. Add.: "Sir Arthur Chichester to Sir John Davys, Solicitor-General."

558. Sir Geoffrey Fenton to Lord Salisbury. [Oct. 8.] S. P., Ireland, vol. 217, 75.

Now that the wars are at an end, it is important to proceed vigorously and wisely with the work of reformation. To this, as the offices of Archbishop of Dublin and Lord Chancellor are vacant, it is essential to choose a man who shall be at once "a grave divine" and "an understanding lawyer," and likely to proceed in both offices "with temperance and advisement." On the well choosing of these two great magistrates dependeth no small mean to reform both the churches and commonwealth of the kingdom.

The post of Master of the Ordnance also is vacant. It is important that the filling up of it shall not be long deferred. The number of places in the department of commissaries and the musters is greater than the service requires. The Deputy is reducing them to competent members, such as may be fruitful in the service, and dissolving the others.—Dublin, 8 October 1605.

Hol. Pp. 1½. Add. and sealed. Endd.: "8 October 1605, Sr Geffrey Fenton to my Lord. Ffrm Dublyn."

559. The King to the Lord Lieutenant and Deputy.[Oct.8.] Philad.P.,vol.1, p.123.

Had taken time to advise of a meet person to supply the place of the late Archbishop of Dublin, and had since, upon conference with divers of his Council, found none more fit than the Bishop of Meath, in regard of Iris long experience in Ireland, both as a bishop and a counsellor in civil affairs. Necessary warrants to issue for his election; and that he should hold in commendam a prebend he then had in possession, which he (the bishop) would nominate to him.— Westminister, 8 October, in the third year of the reign.

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

[Printed by Erck, Calendar, p. 209.]

560. Sir H. Brouncker to Salisbury. [Oct. 9.] S.P., Ireland, vol.217, 76

Is grieved to be troublesome, but is so accustomed to crosses since his arrival here, that he can bear anything that concerns his own particular, so that it be not to the dishonour of His Majesty, The ground of his desire that his enter tainment should be satisfied out of the rents due for the army, and that his company of 50 horse and 50 foot should be paid out of the revenues of this province, which Salisbury has deemed reasonable, was the honour of His Majesty, which must be blemished by the breach of the composition; his love to the people, which must otherwise be oppressed; and lastly, his own relief, who had hitherto been so ill paid that he could not keep his credit with the towns for money borrowed, and had disbursed 300l. out of his own slender purse to relieve the soldiers, which to that day is not repaid. He may add to this, that the horse are eight months' unpaid since his coming, without cesse or any other help, and yet so contained in their duties, as no one complaint is made against them.—Cork, 9 October 1605.

Hol. Pp. 3. Sealed. Add. Endd.: "Sir Henry Bruncker to the E. of Salisbury."

561. Lords of The Council to Sir Arthur Chichester, Lord Deputy of Ireland, and the rest of the Council there. [Oct. 12.] Philad. P., vol. 3, p. 43.

Under the liberty granted by His Majesty, to all such of his subjects as would, (out of desire to enable themselves the better hereafter to serve the country, when there should be occasion,) to seek employment under foreign Princes in amity with His Majesty, it hath fallen out that many, under title of voluntary soldiers, are invited to go, under persons without any honest care how to sustain them before they embark.

His Majesty's government is daily scandalized when men of their sort are seen daily vagrant, and, by lack of maintenance in their passage to the embarkation, are abandoned to those miseries which cannot but serve as a temptation to desperate outrages. Among accidents of this kind, there is none more notorious than certain of those Irish brought out of Ireland by Captain Delahoid, agent for the King of Spain. He received from the Spanish ambassador 1,000 ducats to transport certain companies of Irish volunteers into Flanders, to be a full satisfaction till they should arrive at the other side. But now, instead of delivery of them there, he hath brought so many of those companies into England as have filled all the ways to the Court of London and the streets of the said city with so many able-bodied men, as makes their misery more apparent to the world than it has been at any time when the late Queen made continual levies for her own service.

The officers of the ports are therefore not to suffer any to embark on such occasions, unless the conductors of them or the owners and masters of the ship enter into bond to carry them direct from Ireland into some foreign port, without landing them in England.

The Lords also declare unto them how contrary to His Majesty's pleasure it is, that so many of the poor and miserable inhabitants of this kingdom are suffered to come thither with their wives and children, by which the towns and villages of this country are put to continual charges, and the infection greatly augmented in England.— His Majesty's Palace of Whitehall, 12 October 1605.

Signed: R. Cant., T. Dorset, Suffolke, E. Worcester, Devonshyre, H. Northampton, Salisbury, J. Mar, W. Knollys, E. Wotton, E. Bruce, J. Herbert.

P. 1. Orig. Add. Endd.

562. The king to the Lord Deputy.[Oct. 14.] Philad. P.,vol.1, p.125.

Warrant for letters patent of the office of Lord Chancellor of Ireland to the Archbishop of Dublin, lately raised from the bishoprick of Meath.—Westminster, 14 October 1605.

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

[Printed by Erck, Calendar, p.209.]

563. Order of the Lord Deputy and Council. [Oct.16.]Carte Papers,vol.61,p.155.

Arthur Chichester.—By the Lord Deputy and Council.

Whereas we have given order to His Majesty's learned Counsel for drawing a proclamation that all His Majesty's subjects should repair to their parish churches, and there to hear divine service according to the statute of secundo of the late Queen; and forasmuch as there is great difference betwixt the original record of the said statute and the printed copies, only through the mistaking and default of the printer, for redress whereof, as also that the truth of the said statute may more plainly appear and be publicly known, we think it meet that the said statute of the late Queen's Majesty touching the uniformity in Common Prayer be verbatim exemplified under His Majesty's great seal, together with the proclamation before mentioned, which we pray your Lordships be done accordingly, and for your doing thereof, this shall be your warrant.—Howth, 16 October 1605.

Signed: Tho. Midensis, Ni. Walshe, James Ley, ol. Lambert, Ant. Sentleger, Geff. Fenton, Garret Moore.

Pp.2.

564. Lord Barry to Earl of Salisbury. [Oct. 17.] S.P., Ireland, vol.217, 77.

Is given to understand that the Viscount Butler of Tully is to repair thither, and that Lord Ormond is so weak and sickly as there is no hope of his recovery. The jointure assured by his Lordship to his Countess, Lord Barry's daughter, is supposed to be altered, and, as he hears, instead thereof a dead rent is assigned unto her, without her own privity. Therefore beseeches his Honour so to deal for his said daughter (who is but a stranger in the counties of Kilkenny and Tipperary), that she may rather have land assigned unto her than rent, and that he will continue his wonted favour for his [Lord Barry's] sake unto her, who no doubt will have occasion, after the decease of her husband, to use the same.—Barry court, 17 October 1605.

P. 1. Signed. Sealed. Add. Endd.: "L. Barry to Salisbury."

565. Sir Jeffrey Fenton to the Earl of Salisbury.[Oct.26.]S.P., Ireland, vol.217, 78

Reporting the proceedings against the citizens of Dublin for not attending church; stating that they have employed an agent to the Court to frustrate the proceedings of the State, and begging that he may be sent back with a reproof.

To favour them in this impious suit, were to abandon the cause of religion that for many years to come will not be in its present forwardness. And there is small hope of the prosperity of this kingdom, by any reformation, whilst the subjects of the realm shall take boldness to fail in the main point of their external conformity to the laws prescribed for their true serving of God and obedience to His Majesty.— Dublin, 26 October 1605.

P.1. Hol. Sealed. Add. Endd.:"Sir Jeffery Fenton to the Earl of Salisbury."

566. Sir Arthur Chichester to the Attorney-General. [Oct. 28.] Carte Papers, vol.61, p.156.

Warrant for a fiant for Eusebius Andrews, pursuant to His Majesty's letters dated at Windsor, 7th September last, explaining his letters dated at Greenwich, 7th April last, to be Clerk of the Crown in the King's Bench and Clerk of the Common Pleas and Custos of His Majesty's writs, rolls, and records there, and Clerk of the Crown, Peace, and Assizes in the counties of Dublin, Kildare, Carlow, and the King's and Queen's Counties, during his life, in reversion after the death, forfeiture, or surrender thereof by Gerald Dillon, Esq.; yet not to prejudice the said Gerald by his claiming any present interest in the office of Clerk of the Crown of the King's Bench, supposed to be made void by reason of the said Gerald's accepting the place of second Justice of that court on His Majesty's coming to the Crown; the said office being conferred on the said Gerald by the Lord Deputy and Council for some special reasons touching the King's service, and without intent to prejudice him in his said ministerial office.

Pp. 2. Add. Endd.

567. Lord Deputy Chichester to Earl of Salisbury.[Oct.29.]S.P., Ireland,vol.217,79.

Since his coming, has understood that Sir Christopher St. Lawrence, having put away his wife, was preparing to sell out whatever living he had during his father's life, to convert his stock and goods into money, and so to leave the kingdom. As he is heir to a peer of the realm, being ignorant of his intended courses, which he desired to know before his departure from hence, sent for him, and understands from himself that his want of competent means compels him to seek some employment or other fortune for a time;—either from the King, unto whom he intends to make this known by petition, or from some other Prince to whom, should he be refused by His Majesty, he intends to address himself. Has used his best endeavours to dissuade him from this latter course, which would bring dishonour with but small advantage. But finding him violently bent to his resolution, to which he is led through want and discontents, has insisted upon his stay until he should be able to acquaint his Lordship (of Salisbury) with his purpose, and should receive his allowance therein, to which course he (St. Lawrence) has submitted himself.

The gentleman's disposition and defects are well known to his Lordship; and as the King is pleased not only to reward such as have honestly served His Majesty and the Crown, but also to give of his bounty to others in this land who fought against him (which is too greatly noted in this kingdom), he humbly wishes that His Majesty would be pleased to favour this gentleman with some pension or other entertainment during the life of his father, who is old and cannot live long; whereby it will appear to this prying and inquisitive nation that desert is not forgotten when there is an occasion to reward it, and he himself may be stayed from a desperate course tending to his dishonour and utter undoing. Has heard from him of some letters which he has lately received from Salisbury, which lead him to hope for some favour and furtherance in his suit if he should seek it in person by coming over. Success in such suit could hardly countervail the expense which the journey would involve; and if staying here he could obtain some pension of 10s.or a mark a day during his father's life, it would enable him to some settlement, and free his Lordship (Salisbury) from being further troubled with him. Recommends this to his honourable consideration; and requests an answer by the first opportunity that he may give St. Lawrence notice thereof, as he has faithfully promised him.

And being fallen into this, must note the late departure of divers young gentlemen of the Pale and the borders, with the three captains recommended by letters from England, namely, Delahyde, Darcie, and Fitzgarrett. Others are likewise gone with young Preston, brother to the Viscount Gormanston, and since their departure, has heard some of them say that they would now put into the hands of Spain some of the best pledges of the Pale, and hoped that good would come of it upon their return. Acquainted Capt. Darcie herewith, the rest being gone before he had heard of it, and charged him to be watchful over such busy-headed talkers, which he promised, and denied that he had ever heard of it before that time. Was told this day that Henry O'Hagan (a trusty servant of the Earl of Tyrone's) was gone either to the Archduke or to Spain; and, being the Earl's ensign in time of his rebellion, he hath carried with him a cullers [colours] sent unto him from the Pope, by which he hopes to get some reward for his service. When he (Chichester) spake last with the Earl, he stated that O'Hagan was determined to leave the kingdom, being heavily in debt, and sundry orders having been made against him by the judges of assize, which he was not able to pay in so short time; whereupon he (Chichester) gave orders that the creditors should receive their money at four several payments, to be made within two years, with which all parties rested satisfied. Did this in order to prevent his going where, meeting with the Earl's son, he was rather like to prove an evil than a good councillor unto him. It may be the Earl hath sent him for that son, whom he seems very desirous to recall, and appears somewhat grieved that nothing was done by my Lord Admiral for bringing him from thence, as Chichester had motioned at his entreaty before the departure of Sir George Carew.

Hence he cannot but recommend to Salisbury's consideration the dishonour done to the nation by suffering the King's subjects to serve foreign States and Princes one against another in bands and companies; a course which the Switzers found base and dangerous, and out of that observation have greatly bettered their condition with the Prince whom they serve. Should be sorry if this nation were so to degenerate as to succeed them in the base esteem in which they were of long time held. Should desire that all might serve in regiments and companies upon one side, howsoever some private persons might for their advantage foot themselves with the adverse parties. Cannot think such as serve with the Archduke to be truly hearted and affected to the King and his government; the difference in religion being such, and other hatreds to this country so naked. Cannot but conceive that these men already gone, and others that will follow as they have means, will be, for so much as in them lies, the firebrands of new rebellion here, to which they are still well affected, though they want means to strengthen their desires. Hears that some captains and others assigned to pensions here, are gone to those services. Desires in consequence to understand Salisbury's pleasure whether their pensions shall be continued or not. Signified long since to him, that, upon the last cast, he allowed 10 men unto Capt. Aderton for Mountnorris, 10 men to Sir Thomas Coach for Gallyn, and a ward of 12 men and a constable to Masserine. Has continued them hitherto; and now begs Salisbury's directions therein, without which he thinks it not safe to hold them longer in pay, two of them being given rather for a help to those two gentlemen than for other occasion, and having received the benefit thereof to this time. If it seem fit to Salisbury, he will, upon receipt of his Lordship's next letter, discharge them and allow a constable only at Massarine, with some warders out of our companies. In order to save further charge to His Majesty, if allowance be granted, by establishment or otherwise by direction from the King, he will take a course to fit a storehouse there; there may be use of it in time to come more than now; and as it is, it keeps all the victuals, munitions, tools, and other necessaries for the use of the two forts of Charlemont and Mountjoy with the Castle of Toome. If it be not in some sort countenanced, it will soon grow ruinous. A matter of 10 groats or some shillings a day will encourage an honest kinsman of his own to settle upon that place, by taking some lands from Mr. Hamilton there, which he passeth upon his book; if the place may be kept for so small a charge to His Majesty, he thinks it good husbandry; and unless some honest and discreet men be seated in such obscure and remote places, the King will have little service done there, and a worse account of his subjects' fidelity. Will pass to Captain Aderton for his better satisfaction the three town lands about Mountnorris for 21 years, which is exempted from Patrick O'Hanlon upon his surrender; and if the King will be pleased to bestow any further allowance unto him, being a gentleman maimed in His Highness's service, or upon Sir Thomas Coach or any other captains who have already 4s. a day by way of pension, begs to have warrant or instructions for the same. Upon the discharge of Sir Thomas Williams' company, allowed unto him 6s. a day over and above the 4s. set down for a captain by the King's establishment, in respect of his many hurts and weakness. Begs either a confirmation of this grant or directions to reduce him to the pay of other captains so allowed. Had in certain late letters propounded the convenience of settling the Omi [Omagh] as a place fit for the King's service, by placing an honest understanding gentleman there, well experienced in the country; and had recommended for it Capt. Ed. Leigh. Likewise recommended the Liffer as the fittest place in the northern parts to be environed with a wall and to have the favour of a corporation. Culmore is a sure blockhouse for defence of the passage upon that river. Has confirmed the Abbey of Colraine to Capt. Phillips, albeit he paid for it by passing it in Mr. Hamilton's book of fee farm. Knockfergus is the only corporate town (the new Liffer of the Derry excepted) to the northward of Dundalk. The first foundation thereof was laid by His Majesty's ancestor's. It was the first place committed to Chichester's charge in this kingdom; he stands zealously affected to the good thereof; and, in order to repair the ruins of that castle and pier, he will husband the expenses with more care than ever he did any of his own.

Sir Josias Bodley went hence long since, instructed for erecting the citadel of Waterford and Cork and other reparations in Munster. Begs Salisbury to think of these, and of such others as he in his letters may have failed to remember him of.

Much of the King's ordnance is in the fort of Castle Park and Halbowling, places so poorly defended that by pirates and other seafaring men they may be surprised in despite of the wards there before other assistance can come to their relief. This must be thought on in time to prevent what may happen. The use of those places cannot be great until there be a breach of amity between His Majesty and foreign Princes, when they may upon a sudden be strengthened and finished, at the cost that will be expended and bestowed in the meantime upon keeping, especially if those citadels be strengthened as they ought. And during that time the King may likewise be eased of the charge of the fort of Dungannon [Duncannon], and also of Dungarvan, which is lately granted in reversion to Ned Carie by letters from His Majesty.

Has finished the Castle of Mountjoy, all but some small work within the house, and has given order to have timber and all things else in readiness for Monaghan against the spring, when by God's grace that work shall be likewise perfected. Thinks that a castle should be built at Charlemount, being subject to surprise and fire. With these works the places will be kept as well by 20 warders as the 50 they now have. As to the captains' maintenance, proposes that they keep their 10s. a day, and have the command of the forts and lands during their life. Mountjoy is passed already to himself by letters patents; but if Salisbury pleases, he will be content that Sir Francis Roe shall hold it; though he will not willingly resign absolutely his command over it in respect it was first committed to his charge by Salisbury, and since confirmed to him for life by letters from the King.

Has given order to have the country of the Birnes, Tooles, and those parts surveyed and distinguished into a county; having by persuasion gotten the assent of Sir Henry Harrington, who was at first against it. Phelimie M'Pheagh will not accept of his patent unless he have the whole country, and it is fit that Redmonde and divers freeholders should be considered in the division. If Salisbury will write to him, thinks he will be more conformable, as he grounds himself greatly upon his promises, and they all challenge much more than he ever intended to them. Holds it of especial consequence to settle this country, Mona[g]han, Cavan, Fermanagh, and Antrim. Is already in hand with some of them, and will to the rest as speedily as he may, praying of Salisbury to remember what he may have promised to any of them in Monahan and elsewhere, and to inform him of his pleasure, when he will proceed to the business accordingly.

These are the works of peace, intended in war, but never yet brought to any good perfection. As soon as there is a taste of quiet, the erecting of citadels, castles, forts, planting of towns and corporations, are presently thought a superfluous and needless charge; but without these this kingdom is as open to new rebellion, as it was before the last troubles, and as apt to entertain a new Robin Hood as ever in their lives, being a giddy people, led away with every change and alteration. Takes the occasion to recommend these considerations to Salisbury; praying him withal to remember the great numbers of men, and huge mass of treasure lost and consumed in the late rebellion, and all spent to small purpose, unless the nation in this time of peace be bridled from the like by politic seating, and planting men of more trust upon places of advantage.

In order to draw this people to uniformity in the course of common prayer, and coming to church, upon the King's late proclamation, it was signified to be his pleasure that all his subjects should resort to the church, and the statute of 2 Elizabeth was exemplified under the broad seal, according to the record, there being some error in the printed copy. Now it is intended to summon those by whose example the rest of the people are most led, to come to the church, upon pain of the King's displeasure, and upon further penalties; by which course it is hoped either to bring them to what is desired, or by law to have good grounds to lay sound fines upon them, which may be employed upon the ruinous and decayed churches, bridges, and such good works. Suspects that the wiser sort are plotting to send some agents to the Court to beg that the intended course may be altered; in which he trusts they may find such reproof as they worthily deserve.

Since the death of Sir George Bourchier, his eldest son Thomas is likewise dead at Coventry, whither he had come with letters from Chichester, praying that the giving of that office of the Ordnance might be suspended until his father's accounts were finished, which it was promised should be within three or four months; and that if the son were then thought worthy of the place he should be appointed thereto, or favoured in receipt of his money, if any appeared due, or in some good consideration from His Majesty in some other suit in lieu of the same. Humbly urges this last request in behalf of his second son John, a youth well known to Salisbury. Is the more earnest in this as the father committed the children to his charge, and died a very poor gentleman. Conceives Thomas Bourchier died of the plague, and should be sorry to hear that any letters came from him to Salisbury's hands.

Recommends also that Sir Hen. Powrie [Power] may be advanced to the place of a councillor in this kingdom. Is loath to press suits of this nature, but cannot omit the remembrance of his friend's deserts, nor desire. So Salisbury takes notice of it, he (Chichester) will have done as much as is or can be expected from him.

Has shuffled together many businesses in these letters, and by imparting them now, will free Salisbury from the like trouble for a long time hereafter. They are in great want of money. The sub-treasurer is engaged for 2,000l. over and above the 3,000l. signified in their former letters; and if the ordinary proportion of 12,000l. or 10,000l. be allotted, little or none will come hither for the growing charges, which will be exceedingly grievous and burdensome to him, being already acquainted with the exclamations of all men having money due unto them from His Majesty. Protests he had rather that never a penny should come over, than that it should come so scanted, as not to be able out of the same to give some reasonable contentment to such as seek it from him; but, if a treasurer come with it, he (Chichester) will ease himself of that trouble, and lay the burden as it ought upon the treasures. Every passage that comes brings new letters from his Majesty for pensions or other gifts. The last was for Capt. Moyle for 4s. a day, current money in English, during his life. All the letters run now in those words, "current money in England," by which the money here can make them no payment, if it were as strictly looked unto as the proclamation requires. The sickness at Dublin, God be thanked, is slackened, and he intends this next week to go thither.

Pp. 2. Hol. Sealed. Add. Endd.: "Lord Deputy to E. of Salisbury."

568. Lords of the Council to Sir Arthur Chichester, Lord Deputy of Ireland. [Oct. 31.] Philad. P., vol. 3, p. 45.

Pray him to be favourable to the three daughters of Gerald, late Earl of Desmond, now on their return from England to Ireland, and particularly to take order that they are paid from time to time the pensions (fn. 1) granted them by His Majesty, without unnecessary delay. — Hampton Court, 31 October 1605.

Signed: T. Ellesmere, Canc., T.Dorset, Notingham, Northumberland, E. Worcester, H. Northampton, Salisbury.

P.1. Orig. Add. Endd.

569. The King to the Lord Deputy. [Oct.] Add. Papers, Ireland.

The Countess of Kildare prays that the arrears of 300l. or thereabouts, grown out of rent unpaid for many years past on a lease of spiritual livings and glebe land in Lecale, demised by lease, bearing date the 1st of December, in the 26 Eliz., at a rent of 45l. Irish and 50 pecks of corn, the said lease having expired, and a new one having been granted, may now be remitted to her; and the King, as she is "a person whom he favours," and to whom he "is pleased to do some extraordinary grace," directs that the said debt shall be discharged in yearly instalments of 20l., good security being taken till the whole shall be discharged.

Pp. 1½. Not add. or sealed. Endd.: "To the Lord Deputy of Ireland, for instalment of an arreare of rente due by the Countess of Kildare."

Footnotes

  • 1. See Pension List, supra, p. 255.