James I: May 1606

Pages 462-490

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

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James I: May 1606

716. The King to Sir Arthur Chichester. [May 2.] Philad. P., vol. 1, p. 151.

The bishopricks of Derry, Rapho, and Clogher, lately conferred upon George Montgomery, dean of Norwich and bishop elect of those sees, not having been of long time possessed by any English who had right by law to claim the duties of those places, and the lands and possessions of the said sees having been usurped by the temporal lords in whose countries they lie, and by others who had included them in their patents, commissions to issue to set apart the spiritual from the lay possessions. And a stay to be made to the passing of any grants of any termon or abbey lands in the counties of Monaghan and Fermanagh.—Westminster, 2 May, in the fourth year of the reign.

Pp. 1½. Orig. Add. Inrol. Endd. in Sir Arthur Chichester's hand: "From the Kinges Majestie in the behalfe of the Bishope of the Dyrrie, &c. To have a commission under the great seale for distinguishing the lands of the bishoprick from the temporall lords, &c."

717. The King to the Attorney or Solicitor-General for Ireland. [May 3.] Carte Papers, vol. 61, p. 177.

Warrant for fiant for pardon for 140 persons, of whom Phelim M'Pheagh O'Birne of Ballinacorr More is the first.— Dublin, 3 May 1606.

Pp. 2. Orig.

718. Sir John Davys to the Earl of Salisbury. [May 4.] S.P., Ireland, vol. 218, 52.

Sends herewith a long relation of many matters as regards number, though there be few of weight or importance. His duty is to report only matter of fact and circumstance, and not matter of conclusion or counsel. Before he made this journey into Munster, had seen the other three parts of this kingdom, so that having now seen this fourth and best part, his eye is satisfied; and, if he could once see a good church and commonwealth in every part thereof, he should have his mind satisfied too. The streams of justice are in some good measure derived into every province of this kingdom, and yet more and better conduit-pipes could be desired. As for the harvest of the Church, it cannot possibly be gathered in for want of labourers. They that are here, are too few or too negligent. The gentleman who is lately transmitted over is the principal champion of the recusants, and they expect he will procure a stay, if not a reversal of the proceedings here, and yet when he (Davys) looks upon him or hears him speak, he cannot imagine but that his imagination is a little crazed, either out of malice or out of an immoderate opinion of himself. It is hoped here that, with a little persuasion, they will cause him to come to church again, as he did in my Lord of Essex's time here, for assuredly he is more ambitious and popular, than religious.

For himself, since he had lost so noble a patron of his poor fortunes as the Earl of Devonshire, who first transplanted him here, he now in all humility casts himself into Salisbury's favour and protection, and faithfully gives and dedicates himself to his Lordship's service.—4 May 1606.

P. 1. Hol. Sealed. Add.: "Sir John Davys to the Earl of Salisbury."

[Enclosure in the above.]

719. Observations made by Sir John Davys, Attorney of Ireland, after a journey made by him in Munster. [May 4.] S.P., Ireland, vol. 218, 53.

"It may please your Lordship,

"About a year and a half since, when I returned out of Ulster, where I had been employed as one of the justices of assize, I did then presume to trouble you with a relation of all the occurreuts of that journey, intending thereby to give you a particular view and discovery of the state of that province at that time. You were pleased to accept of that rude advertisement favourably and nobly, which I humbly acknowledge; and therefore, having performed the like service this Lent vacation in the several shires of Munster, (being associated with the Lord Chief Justice of the Common Pleas), I have thought it agreeable to my duty to give you the like account, although the place, the people, the business were much unlike and different. For Munster being the south, and Ulster being the north quarters of this kingdom, Munster beyond comparison is better inhabited and manured, having in it three ancient and well-built cities, Waterford, Cork, and Limerick, besides divers fair corporate towns, not inferior to the better sort of market towns in England; whereas on the other side, Ulster is a very desert or wilderness; the inhabitants thereof for the most part having no certain habitation in any towns or villages, only upon the east sea coast there are three or four poor towns inhabited, as Knockfergus, Carlingford, the Newrie, and Dundalk, besides the Derrie, newly built and incorporated upon the river of Loughfoyle. Again, Munster was divided into several counties or shires above 300 years since; an argument that our law hath as long been current there, though the course thereof hath been many times interrupted by defections and rebellions, and now for a space of 30 years past that province has been governed by a President and Council residing amongst them, which hath made our civil government and justice familiar unto them. But on the other part, Ulster hath ever been such an outlaw, as the King's writ did never run there until, within these few years, it was cut into several counties by Sir John Perrott; and yet the laws of England were never given in charge to the greatest part of that people, neither did any justice of assize ever visit that province before the beginning of His Majesty's reign. So as the face and form of things in these two circuits did arise and appear unto me very different; yet was there one resemblance, namely this, the people of both provinces did seem to take great comfort to be visited by justices from the State. The poor northern people, because they were subject before to the judgment of their lewd Brehens [Brehons], who knew no other law but the will of the chief lords; and the Munster men, though they be governed by a just and worthy President, yet, because the ordinary justices of that province who assist the Lord President, have their estates, their residence, and their alliance there, they were glad to see strangers joined with them, and seemed to like the aspect of us that were planets, as well as that of their own fixed stars.


"We began to execute our commission in the city of Waterford, where we found the Lord President, with the Chief Justice of that province, and some others of the Council there. The county of Waterford is but little, yet, because the session was holden in the city, the appearance was great. The jail was not very full, and the prisoners for the most part were natives of that shire, of which there were very few which were not bastard imps of the Poores [Powers] and Geraldines of the Decies, which two septs do overspread all that county. This bred some difficulty in the trials there, for the sheriff could not impannel a jury of freeholders, but some of them must be of the surname and kindred of the prisoner that was to be tried, so that, if the evidence were not full, they would ever acquit the party; and where it was direct and clear, we were fain sometimes to threaten them with the Star Chamber before we could get a verdict for the King. Whereupon I observe that, whereas the negligence of the ecclesiastical and civil magistrates hath given way to the licentiousness of this people, it hath filled that kingdom full of bastards; for as, by reason and impunity of the common use, the bastard is of as good reputation as the legitimate, and doth commonly share the inheritance with him, hereby it cometh to pass that in this land the septs are great and more spreading, and that there are more of one surname than are to be found in England, or in any kingdom in Christendom, insomuch as I think I may truly affirm, that there are more able men of the surname of the Bourkes, than of any name wheresoever in Europe. The like may be said of the Geraldines, Butlers, and the Poores, of whom I spake before, and so of the Irish septs, as the O'Neals in Ulster, the M'Carties in Munster, the Birnes and Kavanaghs in Leinster; for the Moores and Connors are almost extirped by the late wars, and yet these weeds are like to grow up apace, if every lewd woman may father her child upon whom she list, and the promiscuous generation of bastards be suffered. Besides the branches of these great septs are not dispersed and scattered, as the younger brothers of other countries are wont to seek their fortunes abroad, but they still plant themselves altogether and possess one country or territory together; which is not only an impediment of equal trials and a cause of perjury in time of peace, but in time of war their neighbourhood and cohabitation gives them opportunity to conspire together, and to rise in arms together against the State, if the chief or the most active of the surname happen to be displeased. For these being so near him, are like so many arms and limbs unto him, and make him as strong and proud as one of those giants who were born with hundreds of hands, and being proud of their strength did rebel against Jupiter. It were therefore an excellent policy, if a convenient way might be found, to break and scatter these septs, and severally to transplant them among other names and families; and withal it were expedient that a law might be made that no bastard should bear the name of his reputed father, for if this were effected, sundry mischiefs would be taken away which do often hinder the public justice, and give occasion of stirs and rebellions.

Touching the causes, either civil or criminal, in this country, there fell out none that are fit to be signified to you as extraordinary matters.

"For reducing of the people to church, a double course was holden against the multitudes of recusants in the cities and towns, where we sat. We proceeded by way of indictment upon the statute 2° Elizabeth, to levy the penalty of 12d. upon every person for every Sunday and holyday on which they absented themselves from the church, because this is a positive law, and the pain thereof seems not to be heavy; the people do not repine at the execution thereof, specially because the moneys are employed to charitable uses, and yet assuredly, if the statute were fully executed both in the towns and in the country, this poor kingdom would not be able to bear it. And we perceive already that the churl, and farmer, and poor country gentleman, if their churches were re-edified, and the artisans and meaner sort of citizens, will be in short time drawn to conformity by this law only. The other course taken by my Lord President against the aldermen and chief burgesses of cities and towns, was a course of prerogative in sending mandates under the seal of the Council of that province, in like manner as the Lord Deputy had proceeded against the citizens of Dublin. His Lordship had sent his mandates to Waterford, and therefore being now come himself, he sent a messenger unto such as had received mandates, commanding them to attend upon him and the justices of assize to church; which they refusing, for only the mayor did bear us company, he had purposed to punish them with fine and imprisonment, but that they desired to have their consciences satisfied with conference, and with that end they prayed to be spared until after Easter; his Lordship and the rest willingly yielded to their request, and appointed two preachers to confer with them; albeit then we did suspect they desired this conference, not to be satisfied, but to win their liberty during the Lent, for hearing of mass and performance of their superstitious ceremonies. The Mayor of Waterford, Sir Richard Ayleward, hath willingly and bond fide conformed himself, and the sheriff of the shire, one Mr. Poer, is a well-affected Protestant. The rest for the most part continue in their recusancy.


"From Waterford we passed to Cork, and by the way we lodged the first night at Dungarvan, where, the next morning being Sunday, we heard a sermon, at which all the people of that poor town were present, one or two of the chief burgesses excepted who desired a time of conference, which was granted unto them. This general conformity was wrought by the presence of the Lord President the week before, when he passed that way from Cork to Waterford. Here, when I perceived how easily the inferior and common sort of people are drawn to the church, I began to doubt whether it were not a preposterous course to proceed against the wealthier sort of aldermen and citizens first, because they being proved by reason of their wealth, and consequently wilful, and withal most laboured and wrought by the priests as being best able to entertain them, are resolved to suffer at first for the credit of their cause, presuming this storm will quickly be overblown, as it hath been in former times; and so by their example they make the multitude more obstinate. Whereas on the other side, if the churches were filled at the first, but with the inferior sort of people, the richer sort of people, being the less number, would be ashamed of their paucity, and their cause would fail of the countenance it had by the general defection and recusancy; besides many of them which forbear the church, not so much for conscience as for popularity, would follow the multitude willingly, and think their credit with the world sufficiently saved, in that they were not the first nor the only men that conformed themselves. So that it may be probably concluded that as, if the better sort were compelled to repair to the church, they of the meaner condition would come for fear; so, if the general multitude were drawn to conformity, such as are persons of quality for the most part would come for shame. But which of these courses is first to be pursued I will not take upon me to resolve. In Dublin both are prosecuted together, with this success;—of 20 aldermen and citizens which were censured, one only is reduced; for the rest, some lie still in the Castle, refusing to pay their fines, others are enlarged, having paid or taken order for payment of their fines. But of the common inhabitants of the town a great number do repair to their several churches, and that number doth weekly increase; so that it is to be hoped, within a short time, few of the meaner sort will absent themselves. With these the pain of twelve pence every Sunday prevails. But if the wealthier sort have no heavier punishment than to pay twelve pence Irish for every Sunday or holiday, which amounts not to three pounds sterling for a whole year, they would make a scorn both of the statute and of the proclamation; so that law and prerogative must go together in this and other towns, and I hope ere it be long they will prevail effectually. It hath been thought meet hitherto to endeavour the reformation of the towns only and specially of Dublin, being the seat of the State; so that no Lord or gentleman in the country has as yet been troubled for recusancy, only some were restrained for contriving and exhibiting that factious petition, which you have seen. The true reason why the country towns and villages are not yet looked into doth consist in this—the most part of their churches are broken down or ruined, and the commission for the re-edification thereof, and planting the ministers therein, hath not yet been executed. The New Testament and the Book of Common Prayer in the Irish tongue, which will incredibly allure the common country people, are not yet fully prepared; besides it hath been thought that, if the cities might have been reduced first, the country would have followed their example without contradiction. Yet hath it not been thoroughly neglected. For by the diligence of some of the clergy and of some well-affected gentry in the country, divers parishes in the country are entirely reclaimed already. Among others, the Bishop of Kildare doth deserve good recommendation, who being Vicar of the Naas, the chief corporate town in the county of Kildare, and within 12 miles of Dublin, hath drawn well nigh all his parishioners to his church, and of them more than two hundred received the Communion this last Easter, as himself told me within these few days. Likewise divers parishes near Dublin are wholly conformed, and others within the bishoprick of Meath; so that the English Pale is not so universally Catholic as Sir Patrick Barnewell and some others will affirm it to be. As for Leaxe [Leix] and Offaly, by reason of the English colonies planted there, the great part of the people do willingly come to church. In Ulster, Knockfergus and the Derrie have not one recusant in them; and all the people of that province, at least the multitude, are apt to receive any faith if the Bishop of Derrie, who hath engrossed three great bishopricks in the North, would come and be a new St. Patrick among them. The poor priests themselves do not refuse the oath of supremacy there, and the like I hear of the priests of Connaght, where the Justices of Assize this last Lent, as one of them told me, have taken the oath of 40 priests at least. In a word, if this work of reformation were undertaken in all parts, there would be little difficulty found, but only in the chief towns, which are not many, and in the English Pale; and in these places the chief persons only will oppose themselves, which chief persons, if the multitude were drawn from them, would stand so naked and solitary that either shame or fear would draw them to conformity.


"From Dungarvan we came to Youghall, where, resting one night, my Lord President called before him the mayor and chief burgesses, who had formerly received commandments to repair to the church. They desired time for the satisfaction of their consciences, as those at Waterford had done, and obtained that favour. This town is inhabited with many English, all which, together with some Irish, do frequent the church, which is well served with a sufficient preacher; so that my Lord President hath great hope to make this a town of the reformed religion in a short time.


"From Youghall we went to Cork, and dined by the way with the Viscount Barrie, who at his castle at Barriecourt, gave us civil and plentiful entertainment. When we came to Cork my Lord President, having taken an extreme cold, kept his chamber during the time of the sessions, but the rest of the commissioners performing the service, there was great appearance and good attendance of the principal inhabitants of this county. There were present with us the Lords Barrie and Rowe, the Bishop of Cork, the poor Lord Courcey, together with the principal lords of countries, as Cormock M'Dermot, and other of the M'Carties, O'Swillivan, O'Driscall, and Sir John FitzEdmond of the Geraldines; only the White Knight and his son made default, pretending himself to be sick, but indeed he was obnoxious unto many challenges, and amongst other things he doubted lest he should be charged with relieving of one Morrie M'Gibbon Duff, a kinsman of his own, who is now a wood kern and called a rebel, and so indeed it was presented unto us by the grand inquest of the county. When we had delivered the gaol, which was full of persons, and tried some nisi prius, a trial not usual in these remote parts before this time, we did not forbear to reprehend the great lords for continuing their barbarous custom of Cosherie and other Irish occupations, to the impoverishment of their tenants and in contempt of the King's proclamation on that behalf, whereof we had private information, though the tenants themselves durst not complain; only one or two who had been dispossessed of part of their freeholds for not being able to pay cesse and contribution to their lords in time of war, did complain, and were restored to their possessions. This reprehension and justice done against the lords, as it was a great comfort to the inferior sort, so, to do the lords right, they seemed to be nothing dissatisfied therewith, but promised faithfully to abolish all Irish customs, and to perform obedience to the proclamation in all points. This being done, we called well nigh 100 of the citizens and burgesses of Cork, who, at the quarter sessions before, had been indicted upon the statute for not coming to church; we required them to pay the penalty of the laws (viz.) twelve [pence] for every Sunday and holiday. The chief of them desired copies of the indictments, to the end they might put their traverses thereunto. We told them that, if they would be bound to come to church next Sunday they should be admitted to their traverses, but if they would not do so, we would not permit them to use this wilful delay; whereupon they submitted themselves to payment. The gross sum amounted to 60l. and upwards, for which we appointed collectors, and assigned the moneys towards the building of a hospital there; as well because that town does swarm with poor and impotent people, as also because one of the citizens dying in London had by his testament given 200l. to maintain the poor whensoever the city should erect a hospital. The citizens were glad of this assignment.

And so we departed from Cork towards the county of Clare and Thomond, where we had appointed our next session; in which county, because it is taken to be out of my Lord President's jurisdiction, we had my Lord of Thomond only joined in commission of gaol delivery and oier and terminer with us; so that my Lord President remained at Cork to recover his health, making appointment to sit again with us when we should hold session for that county of Limerick. The first night we lodged at Malowe, a house of my Lady Norries, which is a well-built house, and stands by a fair river in a fruitful soil, but it is yet much unrepaired, and bears many marks of the late rebellion. From thence we passed by Kilmalocke, a good corporate town, over a sweet and fertile country, unto the city of Limerick, which is indeed a town of castles, compassed with the fairest wall that ever I saw, under which runs the goodly river of the Shannon, which makes it a haven for ships of good burden. Though it stands above three score miles from the sea, yet such is the sloth of the inhabitants, that all these fair structures have nothing but sluttishness and poverty within. At our entry into the town we were met by the Earl of Thomond, the Lord Bourke, and others; the Earl having for our great ease prepared a commodious house to sit in the county of Clare on the other side of the Shannon, which divides the county of Clare and Thomond from the county of Limerick; so that we still kept our lodging and residence in Limerick, and yet performed the service of both counties. In the county of Clare, which contains all Thomond, when I beheld the appearance and fashion of the people I would I had been in Ulster again, for these are as mere Irish as they, and in their outward form not much unlike them, but when we came to dispatch the business we found that many of them spake good English and understood the course of our proceedings well. For the justices of Munster were wont ever to visit this county, both before my Lord of Thomond had the particular government thereof and sithence. After the dispatch of the gaol, which contained no extraordinary malefactors, our principal labours did consist in establishing sundry possessions of freeholders in that county, which had been disturbed in the time of rebellion, and had not been settled sithence. The best freeholders next to the O'Briens are the M'Nemaraes and the O'Laneyes. The chief of which families appeared in a civil habit and fashion, the rest are not so reformed as the people of Munster. But it is to be hoped that the example of the Earl, whose education and carriage your Lordship knows, and who indeed is served and waited on very civilly and honourably, will within a few years alter the manners of this people and draw them to civility and religion both.


We ended the ordinary business of the county of Clare somewhat sooner than we expected, and therefore we began the session of the county of Limerick, a day or two before my Lord President's arrival there. Among other malefactors, one Downing, who had been a lieutenant in the late wars, and dwelt not far from Limerick, was indicted for murder on the procurement of my Lord of Thomond, and the cause stood thus: Downing having obtained a commission from my Lord President of Mounster, to execute by martial law vagabonds and masterless men, and such as had borne arms in the late war, it happened that an idiot fool belonging to my Lord of Thomond, with another of the same quality that followed Sir John M'Nemara, a knight of Thomond, came straggling into the village where Downing dwelt; he, meeting with them on a Sunday morning, took them and immediately hanged them both. My Lord of Thomond assuring himself that Downing knew the idiot, and knew he belonged to him (for he was a notorious fool known to all the country), and that therefore he did execute the poor creature maliciously, caused an indictment of wilful murder to be exhibited against him, before my Lord President came to the town; upon this my Lord President conceived some unkindness, because, having received his authority from him, and the fact being done within his province, he expected that my Lord of Thomond should first have acquainted him with the matter, before he had proceeded in this manner. Notwithstanding, the bill was found, and we proceeded to trial; but with this protestation;—that we would not call the authority in question, but allow it him as a justification in law, but we would examine whether he had exceeded his authority maliciously or no; pronouncing this withal, that, if he knew him to be a natural idiot, or knew him to belong to my Lord of Thomond, he had transgressed his commission maliciously and consequently had committed murder. We chose the most indifferent jury we could to try the prisoner, who was found guilty upon some evidence that was given that he knew the idiot, and knew him to belong to my Lord of Thomond. Upon the giving up the verdict some few words of passion and heat passed between my Lord President and the Earl; but they were not so bitter, but that I hope this term at Dublin, where they purpose both to be present, an atonement will be made betwixt them, when they have somewhat expostulated the matter before my Lord Deputy. But in the meantime, we for our parts, though the fact was foul, and though our provost marshals are oftentimes too nimble and too rash in executing their commissions, so that it were not amiss that one or other of them did smart for it, and were made an example to all the rest, yet, because we would not utterly discountenance the martial law, which at that time and that place perhaps had been necessary, and because Downing had been a tall soldier, and performed good services in the late wars, we thought good to reprieve him, to the end my Lord Deputy may grant him His Majesty's pardon, if it so please his Lordship. The gaol being cleared, we began to consider how we could cut off two notorious thieves, or, as they term them, rebels, who, with two or three kern at their heels, did infest the whole country. The one Maurice M'Gibbon Duffe, whom I named before, the other one Redmond Purcell, cousin german to the best of the Purcells, whom they call the Baron of Loughmowe in the county of Tipperarie, the former we found to be received and cherished for the most part in the White Knight's country; the latter we understood chiefly to be relieved in the county of Arra upon the borders of Thomond and Tipperary by Sir Tirlagh O'Brien and his sons, which Sir Tirlagh is brother to the Bishop of Killalowe, natural Lord of Arra and uncle to the Earl of Thomond, by the mother's side. We first called the White Knight and his son, whom by special commandment we sent for to Limerick, and charged them with the relieving of the traitor M'Gibbon. They protested the contrary, and vowed their uttermost endeavours to bring him to justice. Notwithstanding we thought it good to commit them both, for then we knew their kinsmen, tenants, and followers would use all possible means to get the traitors, to procure the liberty of their chief lords. Howbeit, the White Knight, with importunity and vows of service, did prevail so far with my Lord President, that he got licence to return to his country for one month, and, if in that time he performed no service upon the rebels, himself and his son should render themselves to my Lord President, to be restrained or punished as his Lordship should think meet. For Sir Tirlagh O'Brien and his sons, we had once resolved to take bonds of them for their appearance at the next sessions, because the proofs against them were not direct and clear; but afterwards the Bishop of Killalowe, his own brother, accusing him and his sons as relievers and familiar companions of Redmond Purcell, my Lord President, after our departure from Limerick towards Cashell, committed them prisoners to the castle of Limerick. Whereupon this effect did follow: Purcell, not daring to trust the inhabitants of Arra, among whom he was wont to lurk, fearing they would seek his head to redeem Sir Tirlaghe's liberty, retired into the county of Limerick, where one Morice Hurley drew him into a castle of his, and brought some of my Lord President's soldiers upon him, who, killing one or two of his kern, took Purcell himself alive and brought him to the President since the end of our circuit, so that now we hear he is executed by martial law. As for Morice M'Gibbon, the like must needs befall him shortly, for there are so many snares laid to entrap him, that it is not possible for him to escape. After this we received some petitions on the behalf of certain undertakers of this county and the county of Kerry for the re-establishment of their possessions in some parcels of land whereof they had been disseised in the time of the late wars. These undertakers, though they move pity in regard they are English and poor, yet in other respects deserve no favour. For first they are the most backward in payment of the King's rent of any fee-farmers in Ireland, and yet they had their arrearages remitted unto them the last summer; next, they suffer almost half their land to lie waste, and to be unprofitable either to themselves or to the commonwealth; and lastly, they observe few or none of the covenants comprised in their letters patents, and laid down in that wise and exact plot for the undertakers of Munster; and among the rest they utterly neglect the principal, namely, that they should inhabit their lands with tenants of English birth, to the end that every lord of a seigniory, being able up on all occasions to rise up with 150 to 200 Englishmen, they might be a mutual strength and security one to the other, and be enabled to stand upon their guard against the mightiest rebel that could rise in those parts. But contrariwise, all our undertakers for the most part have planted Irish tenants in their lands, and among others, even the sons and kinsmen of the ancient proprietors and owners thereof, who forfeited the same by their attainders; so that these vipers being nourished in their bosoms, upon the first alarm of any rebellion, do fall upon their landlords and cut their throats, make spoil and booty of all their substance, and cast out their wives and children stript and stark naked, whereof even these men themselves had a bitter experience upon the last revolt in Munster. When we had heard and ended the greatest part of the civil causes arising in this county, there was some time spent in the execution of a commission directed specially to inquire who was next heir to Richard, late Lord Bourk of Castleconnell, who together with his brother Thomas (who was indeed his next heir apparent) was slain in the late rebellion. After their death, Tibbot Bourke, the surviving and youngest brother of that house, supposing the rest to be dead without issue, claimed the lands and the title of the Lord of Castleconnell, and hath ever since enjoyed the same. Now this commission was purchased and pursued by a gentlewoman, who saith she was the lawful wife of Thomas, and hath issue a son by him, who, if he be legitimate, must needs be the heir of the house;—Tibbot Lord Bourke affirming on the other side that she was never lawfully married to his brother Thomas, and consequently that her son is a bastard and not heir.

"A jury being composed of the best gentlemen of the country, as it was meet in a cause of that importance, the evidence on both parts fell out to be thus:—It was first directly proved that although Richard and Thomas were both slain in one conflict, yet Thomas died before Richard, and so the wife of Thomas was utterly precluded both of her title of dower and title of honour. Howbeit the gentlewomen brought divers witnesses, who deposed directly that she was married to Thomas Bourk, and that they were present at the marriage, and that it was solemnized with a mass. They named likewise the priest, with other circumstances; as that Thomas Bourke received marriage goods of her friends, and brought her home to his own house, and after all this had a son by her. My Lord Bourke, on the other side, brought forth a certificate from the priest himself (who durst not appear in regard of this proclamation) to this effect: That, true it was they came to the church to be married, that their friends on both sides were present, that they had a mass. But, saith he, when I examined the parties touching the canonical impediments which might hinder the marriage, I found reason to forbear to marry them, and so the assembly broke off, and without the celebration of any marriage at all; besides it was proved that Thomas Bourke did shortly afterwards entirely abandon the gentlewoman, and when word was brought him that she had borne him a son, he protested publicly that he would not father it. This doubtful evidence did so perplex the jurors (who withal were carried with divers affections) that they continued 24 hours, yet could not agree of a verdict; whereupon, although the jury upon an inquisition be not so strictly kept as a jury of trial between party and party, who are ever kept from meat, drink, fire, and candlelight, till they be agreed, yet it was thought fit to restrain these in a private house, that they might agree before our departure. Nevertheless, because they could not agree when we departed, they were all bound to appear this term in Dublin, either to yield up their verdict or to be censured for their contempt. Upon these doubtful terms doth the title of that barony as yet stand. The last part of our business here was to indict the citizens of Limerick for not coming to church according to the statute, which was the more easily done, because the foreman of the jury was a wellaffected Protestant. So there stand indicted 200 and more of the burgesses of that town, and for the penalties for six months, and when they are levied will amount to 200 marks ster. or thereabouts. We have assigned it to the repairing of the cathedral church there, which hath suffered much dilapidation and ruin.


Those businesses being thus passed over, we passed from Limerick to Cashell, over the most rich and delightful valley in Ireland, for the space of 20 miles together. At Cashell we held sessions for the county of "the Crosse" and Tipperary. It hath been anciently called the county of Crosse (for it hath been a county above 300 years, and was indeed one of the first that was made in this kingdom,) because all the lands within the precinct thereof were either the demesnes of the Archbishop of Cashell or holden of that see, or else belonging to abbeys or other houses of religion, and so the land is, as it were, dedicated to the cross of Christ. The scope or latitude of this county, though it were never great, yet now it is drawn into so narrow a compass that it doth not deserve the name of shire. For whereas in former times (as we were informed) the whole county contained 150 plough-lands or thereabouts, wherein the sheriff of the Cross is suffered to execute his authority, because the county of the liberty of Tipperary, wherein the Earl of Ormond doth claim and use jura regalia by an ancient grant of Edward 3, hath from time to time so encroached upon the lands of this little county, that it is almost swallowed up; and these encroachments have been for the most part in time of war and public rebellions. For then, the people of this county, fearing to be burdened with cesse of soldiers and other contributions of the country, would affirm that their lands lay within the county palatine of the Earl of Ormond, whose greatness and favour with the estate was ever such that he protected the inhabitants of his liberty from burdens of that kind. We had appointed so short a time for the execution of our commission there, being informed that very few businesses would arise unto us in that place, that we had not leisure to examine these encroachments; but we resolved to take order above, that a special commission for this purpose should be awarded to be executed this next summer vacation, and in the meantime to search the records for the ancient limits and extent of that county. We found not in the gaol of this shire above two or three prisoners, and as many more appeared upon recognizances; of which only one was arraigned, condemned, and executed, and the rest being loose and idle persons, found masters or sureties for their behaviour, and so were delivered; whereupon there remained nothing to be done but to indict the recusants of that town, wherein we found only one inhabitant that came to church, for even the Archbishop's own sons, and sons-in-law, dwelling there, are obstinate recusants. We indicted more than 100 in this poor town, and appointed the penalties to be employed towards the reparation of the parochial and cathedral church, which is a fair ancient structure upon a high hill, which is nothing but a main rock on the west side of the town.


Departing thence we came to Clonemell, a well-built and well-kept town upon the river of Sure, in the county of the liberty of Tipperary. In this county we gave in charge to the jury all matters not determinable by the Earl's charter, viz., all treasons and all other offences which have been made capital or otherwise penal since 46 Edward 3, in which year the Earl's charter doth bear date. We arraigned but one prisoner, namely, one of the sons of Sir Tirlagh O'Brien before named, who was indicted for a murder, which fact is treason by a particular statute in this realm, and was found to have been committed by him and Redmund Purcell, the wood kern or rebel of whom I spake before, with others of that lewd company. This country did so much complain of mischiefs done by Redmond Purcell, that it was thought meet for a terror and example to suffer the execution of the law upon this young gent, and accordingly he was executed. After this my Lord President (whose zeal in matters of religion tempered with good moderation, doth merit very much consideration,) was desirous that a priest, one James Morice, who was lately before apprehended, should have been indicted for publishing a slanderous and seditious bull, though without all question it be a forged and counterfeit thing, as you may perceive by the copy, which I have presumed to send to you herewith, albeit perhaps you have received it already. Before we would conceive any indictment hereupon, we thought meet to examine the evidence, which we found not to be ripe enough, because the parties that should make the direct proof were not present, and therefore we deferred this business till another session. This town, being in the liberty, is more haunted with Jesuits and priests than any other town or city within this province, which is the cause we found the burgesses more obstinate here than elsewhere. For, whereas my Lord President did gently offer to the principal inhabitants, that he would spare to proceed against them then, if they would yield to conference for a time, and become bound in the meantime not to receive any Jesuit or priest into their houses, they premptorily refused both. Whereupon, the chief of them were bound to appear at Cork before the Lord President and Council, presently after Easter, there to be censured with good round fines and imprisonment; of the multitude we caused 200 to be indicted, but with much ado was the grand inquest drawn to find the bill, and yet for the most part they were gentlemen of the country. The Jesuits and priests of name that have lately frequented the town are, Nicholas Lennagh, Jesuit, Andrew Mulrony, Jesuit, Richard White, priest, Gerrard Miagh, priest, William Crokin, priest. Amongst these, Nicholas Lennagh hath special credit and authority; and, which is to be noted, before that horrible treason was to have been executed in England, he charged the people to say three Ave Marias for the good success of a great matter, which, what it was they should not know until it was effected and brought to pass; and as I got intelligence of these priests and Jesuits that resort to Clonmell, so did I learn the names of such others as do lurk in the other principal towns of Munster. In Limerick these three: Brien O'Cairn, a Jesuit, Richard Cadan, Richard Arthure, priests. In Cork these: Robert Miagh, Dominick Rocke, James Miagh, priests. In Waterford: Dr. White, Jesuit, Lumbard, a priest, &c.

"If our bishops, and others that have cure of souls, were but half as diligent in their several charges as these men are in the places where they haunt, the people would not receive and nourish them as now they do. But it is the extreme negligence and remissness of our clergy here which was first the cause of the general desertion and apostacy, and is now again the remora or the impediment of reformation. My Lord President doth use his best diligence to apprehend these priests; but he findeth difficulty in it, because they do easily lurk or escape in a country where every man beareth them favour. Besides they live in the house of gentlemen and noblemen under the name of surgeons and physicians, and can hardly be taken in the exercise of their functions. Howbeit, since the apprehension of Lalor here in Dublin, the priests and Jesuits that frequent the English Pale have conceived some fear; and some of them have made means to my Lord Deputy that he would remit their contempt in staying here after the time prefixed in the proclamation, and to permit them forthwith to depart the kingdom. We finished the few businesses that were to be done at Clonmell on Easter-eve, and so concluded our circuit, my Lord President returning to Cork, my associate to his house in the county of Waterford, and myself towards Dublin. And because I was to pass by the Carricke, a house of my Lord of Ormond, where his Lordship hath lain ever since his last weakness, I went thither to visit his Lordship and to rest there upon Easter-day; but because the feast of St George fell out in the Easter holidays, I was not suffered in anywise to depart until I had seen him do honour to that day. I found the Earl in his bed, for he was weaker at this time than he had been for many months before; so that upon the day of St. George he was not able to sit up, but had his robes laid upon his bed, as the manner is. From thence I returned to Dublin at the end of Easter week." —Dublin, 4 May 1606.

Pp. 20. Endd.: "Observations of Sir John Davys, Attorney of Ireland, after a journey made by him in Munster."

"This was found, after the death of Sir Henry Croftes, in a trunk of his, and so came to my Lord's hands towards the end of June 1610."

720. The Lord Deputy to the Attorney or SolicitorGeneral for Ireland. [May 4.] Carte Papers, vol. 61, p. 176.

Warrant for fiant of pardon to Rorye Oge M'Quillin, of the county of Antrim, gent., and 39 others.—Dublin Castle, 4 May 1606.

P. 1. Orig.

721. Sir Arthur Chichester to the Earl of Salisbury. [May 6.] S.P., Ireland, vol. 218, 54.

During the life of the late Lord Lieutenant, was wont, upon the passing thither of any well-deserving gentlemen, to accompany them with his letters, by expressing his good opinion of the party, grounded upon his virtues. Though this is a time to be more sparing in this kind, yet this gentlemen, Sir Henry Crofts, is of so extraordinary merit, and hath carried himself so well and valiantly in these late wars, that he cannot forbear to make him known to his Lordship.

P.S.—Sir Henry Crofts is scout-master of the army, and hath a small fee for the same from the King; this he holds upon uncertainty and by the establishment only. It is an office of principal charge, and there is not any more fit to be confirmed therein than himself.—Dublin Castle, 6 May 1606.

P. 1. Hol. Sealed. Add. Endd.: "Sir A. Chichester to the Earl of Salisbury."

722. Sir Jeffrey Fenton to the Earl of Salisbury. [May 7.] S.P., Ireland, vol. 218, 55.

Advises that the writings and papers of the late Lord Lieutenant concerning the government of Ireland may be collected; and also suggests a caution that the forces in Ireland may not be reduced below what is essential for the security of the State and the efficiency of the service.—Dublin, 7 May 1606.

Pp. 2. Hol. Sealed. Add. Endd. "Sir Jeffrey Fenton to the Earl of Salisbury."

723. Lord Deputy and Council of Ireland to the Lords. [May 10.] S.P., Ireland, vol. 218, 56.

The treasure last assigned for this kingdom arriving here the 26th April last, they entered soon after into a consideration of the division thereof, and for their better help sent for the Treasurer's deputy, who, upon his coming, showed them that by their direction, upon great extremity and want, he had borrowed the sum of 6,500l., and that this was still owing, over and above so much of the 12,000l. (at this time assigned) as arrived here. So that 6,500l. being still unpaid, and nothing left of this treasure for the growing charges, they were, within six days after the arrival thereof, enforced to borrow 4,000l., which they could not obtain without giving assurance from them all for the whole 10,500l., with their promise it should be undoubtedly paid at the appointed time. This step they had recourse to solely in order to relieve the want of some well-deserving poor men, who were brought to great misery by attending their payments upon the coming of this treasure, "but especially in some measure and poor fashion to keep life in the forces till the end of June next;" chiefly to prevent the breach of the composition, which for the present yieldeth about 6,000l. sterling per ann., and when the country shall be better inhabited (especially Connaught) will yield in all 7,500l., according to the agreements; the reviving whereof hath very greatly assisted in satisfying sundry sums of money they are constrained upon urgent necessity to borrow; and besides it gives some help for the present wants, as will appear by the Deputy Treasurer's brief, herewith sent. And if before the end of June some good cause be not taken to supply the army, there will be no means to hold it up, without breach of the composition, which will utterly ruin the country, and in the end turn much to His Majesty's disadvantage; for being but lately, with great difficulty, labour, and charges, revived, if it should now so soon and suddenly be broken, it will be no easy matter to put it afoot again, especially in so good sort as now it is. But lest this debt of 6,500l. and the borrowing of 4,000l. more should seem strange, they have caused the sub-treasurer to make a brief of His Majesty's charge from the 1st of October last to the end of June next, including therein likewise, what hath been received from thence within that time towards the defraying of that charge; how much of that sum received hath been issued for payment of part of the old remains; what hath been delivered in victuals; how much the composition and remains of the revenue will satisfy; and what doth now for the time aforesaid remain due in arrear on His Majesty to the servitors of this kingdom. This they send, beseeching their Lordships' consideration and good favour in respect of the necessity that compelled them to borrow that sum of 10,500l. harps upon their own credits, which they have engaged for the same, and of the inconvenience of depriving them of that means of borrowing in similar extremities, to take order that that sum may be satisfied upon the accounts of Sir George Carey before his successor take charge. And considering the poor soldiers live from hand to mouth, and therefore must be paid weekly, they request that some good course may be settled for their payment hereafter, or that directions may be given what they shall do with them in such times of want and scarcity. This may sometimes be holpen by borrowing without interest, if good payments may be made there; otherwise they will not be able to borrow so much as will keep the army one week, since they have greatly hindered many men and well-nigh undone some of them by forbearing the first 6,500l. almost six months. It is impossible to take up any monies here on interest, albeit the Lord Treasurer in such times of necessity hath been pleased to direct that course rather than to address any to receive payment there. Money is so hard to come by, that they will rather give interest to receive their money there than to take double here. They are more earnest therefore in urging as well for payment of the former sum, as also for directions in this latter point, as to what they shall trust unto, if upon urgent occasion they shall borrow any money hereafter. Cannot conceal what a great disheartening it is to these servitors in general to find so large remains due unto them, and the same increasing every half year; whereunto is added a new grievance, under which the captains and soldiers, after their so long and miserable service in this land, repine exceedingly, which is, that they are forced to take the apparel at this delivery at a fourth part dearer than at any time heretofore; whereof they have with much grief complained, alleging that if this unwonted charge be not redressed, the soldier must serve a fourth part of time longer for these clothes than he was accustomed to do for others of the same value, whereby he shall be disabled to provide him new when these are done, which will be both a prejudice and disgrace to the army. They hope, therefore, this burden will be withdrawn. The victuals sent to the ports and garrisons will be charged in the silver harps, at which rate it is not possible for men to live and perform their duties. Doubt these money matters will be distasteful to their Lordships, but were it not that necessity compels them, or if this kingdom otherwise afforded competent means to satisfy His Majesty's charge, they would not in this kind be so troublesome. Hope they will be held execused herein, since the entertainments so far exceed the revenue of this kingdom; the charge of the army, especially the foot, cannot be diminished, without danger, until the kingdom be better settled; the number of horse and foot being now little greater than in former times of greatest quiet, before Ulster was taken under the protection of the law, for the better awing of which province there is a good third part of the forces employed in places there, which heretofore were not regarded, and in which, of necessity, they must remain for a good time if there be any expectation either of good government, obedience, or profit from those parts. As for diminishing His Majesty's charges of another nature, though they be daily eating charges as well as the former, they know not how to bring it to pass without special direction from thence, all being confirmed by letters patent and the King's establishment.

Have lately dealt with the Clandonells, three septs of galloglasses, upon these mountains and in Leix, to whom, in respect they did forego some Irish custom they challenged on the country, there had been assigned by composition with Sir Henry Sidney, then Lord Deputy, a 100l. pension yearly to each sept for ever. This 300l. a year they have compounded for with all for 400l. in silver harps, and an allowance unto each of the three now eldest of the septs of 12d. ster. the day during their lives only. If this course be approved, the like might be taken with some others in this land for ease of the King's charge, if money were available for that purpose, which, however, at this instant is wanting even to satisfy these according to their promise.

"Lastly, I, the Deputy, make bold to acquaint you that by reason of these small proportions of money sent from thence to give contentment to those servitors who cannot live without it, I am not so well paid my entertainments as other before me have been, or as the burthen of the honour of the place committed unto me doth require, having no other means to support it; wherein I crave your favour and regard, and that the Treasurer may have direction duly to pay me my entertainment with the advancement of three months' entertainments before hand, as others my predecessors have usually received; whereof I stand more in need than any of them, for that my liability is much inferior to any of theirs. We have heretofore solicited you for a cloth of estate, a sword, and other necessaries, of which we have given to Hibbot's servant to me, the Deputy, to remember you of them; we pray you to give directions that he may receive those things to be brought hither upon his dispatch from thence."—Dublin, 10 May 1606.

Signed: Arthur Chichester, Tho. Dublin, Canc., Rogerus Midensis, James Ley, Nic. Walshe, R. Wingfelde, Anth. Sentleger, Ol. Lambert, Jeff. Fenton.

Pp. 6. Signed. Sealed. Add. Endd.: "The Lord Deputy & Council of Ireland to the Lords." Encloses,

724. Brief of the charge of the army in Ireland from the first of October to the last of June next coming. [May 10.] S.P., Ireland, vol. 218, 56 I.

Pp. 3. Endd.

725. Duplicate of the above. [May 10.] S.P., Ireland, vol. 218, 56 II.

Pp. 3. Endd.: "The Deputy Treasurer's brief."

726. Sir Arthur Chichester to the Earl of Salisbury. [May 10.] S.P., Ireland, vol. 218, 57.

The general letters of the Council sent herewith will lay open their wants of money, and the course they have taken for the present, and their urgent request that payments may be made according to promise, and that they may be better provided hereafter, without which they cannot hold the com panies together, nor give contentment to any. Great sums are due to the servitors from His Majesty, which increaseth upon the end of every half year; and the new treasurer will hardly take his predecessor's remains into his charge without money wherewith to make payment. The King is thereby ill served, for necessity makes men shift to live, and to omit the attendance of their charge.

Is loath to trouble Salisbury with any particulars of the estate of the kingdom, the whole (God be thanked) being in good quiet, unless it were for the disturbance of a few kern struggling here and there to do mischief, whom they often light upon to the loss of their lives. And many of them have been cut off by the provost marshals, who are the fittest instruments to keep these loose men in order, and to bring the lazy to labour;—a consideration which led him to propound, in some of his letters, that one such might for a time be established in each shire of the kingdom, which would bring forth good effects with small charge; for they might be chosen out of the cast captains and officers lately discharged, whose pensions being somewhat increased, they might well attend that service, being now idle for want of employment; and if those idlers and counterfeit gentlemen were cut off, and the forts and other places of advantage kept in reparation and strong upon them, he is confident they will be wary how they fall into a new rebellion; but if they be withdrawn or slightly respected, they are as apt to declare themselves libertines, as at any time since he first knew them, and to entertain any notion that shall come from Spain or the Pope. No place is more worthy of looking unto than that infant city of the Derry; and, being disregarded, it will soon decay, being placed amongst neighbours who long for nothing more than the ruin thereof. Upon their return from the northern journey, in October last, they gave an account of their observations there, with their advices for planting and better settling of those unreformed countries.

Upon the late intended treasons there he entertained intelligence from sundry parts of the kingdom. It is most apparent that they expected some alteration about that time, and what he understood he transmitted to the Lord Lieutenant; and observing an extraordinary discontent in the Earls of Tyrone and Tirconnell, he had the better watch upon them. If anything which he has imparted touching them comes to Salisbury's hands, he desires his letters may be expounded for advertisements, and not that he apparently mistrusts them for any sudden revolt;—albeit he conceives them to be men apt to take any opportunity whereby to regain their ancient greatness, being exceedingly discontented that they are thus far brought under the obedience of the law, to which, if they be held hard for a few years, they will forget their liberty. Tyrone has been with him since his last letters by his servant. Uses him with all kind respect, and gives his business speedy dispatch. When he is here he vows all due obedience to His Majesty and his laws, but learns that at home he differs far from it; which convinces him (Chichester) that, without that province be brought to the government of a President and Council for a time, there can be no perfect reformation and good settlement, for the poor people will be ever oppressed, and no man dares to complain when help is so far from them. If any such presidency be concluded, he humbly desires that his government of Knockfergus may be secluded from the authority of that President. He will give as good an account for the settlement thereof as any other, whoever shall come thither; for he has been greatly importuned to grant a licence for certain years for the transportation of corn, wool, flocks, tallow, and such like commodities of this land yearly in some reasonable quantity, and albeit he understands that they are carried away underhand without licence, and that there is a rent of 50l. offered to the King, besides the increase it will bring in the customs, yet, without allowance from Salisbury, he dares not yield to their requests that seek it, though they be his dear friends, whom he would gladly pleasure. Prays him, if he think it not unfit, upon such reasons as his servant will show, to give way unto it for what time he shall think meet.

P.S.—Is bold to renew unto him a remembrance which he sent to the L. Lieutenant upon the sickness of the Lord Chief Baron, that, if he miscarried, or for his weakness should leave the place, some good and sufficient man might be preferred thereto; and named unto his Lordship one Mr. Wynch of Lincoln's Inn, and one Fynch of Gray's Inn, both very worthy men, as he is informed (for to her (sic) they are unknown), and writes this because it is said one Saxcye, who was Chief Justice of Munster, is a suitor for the place, who is very corrupt and unfit. That Court requires a better man, and is now weakly furnished.—Castle of Dublin, 10 May 1606.

Pp. 3. Hol. Endd.: "Lord Deputy of Ireland to the Earl of Salisbury."

727. Sir Patrick Barnewall to the Earl of Salisbury. [May 11.] S.P., Ireland, vol. 218, 58.

Has, according to direction, given security in Ireland for his appearance before the Lords here, which he would have performed upon the least signification of any of their Honours, but for that the Lord Deputy hath often told him his coming hither is solely occasioned by his own letter to his Lordship. Beseeches him to vouchsafe his access before he present himself before their Honours, and if his Lordship shall be of opinion that he has written ought without good substantial ground, he will, with due acknowledgement, submit himself to any further censure.—"From my lodging," 11 May 1606.

P. 1. Signed. Add. Endd.: "Sir Patrick Barnewall to the Earl of Salisbury."

728. Theological Theses defended by "Gulielmus Thyræus, Hibernicus Corcagiensis." [May 13/23.] S.P., Ireland, vol. 218, 58 A.

Theses, extracted from the Third Part of St. Thomas's "Summa Theologise," entitled "Positiones ex tertia parte S. Thomœ," selected from the treatises "De Incarnatione, De Sacramentis in Genere, De Baptismo, De Confirmatione, De Eucharistia, De Pænitentia, De Extrema Unctione, De Ordine, De Matrimonio," defended publicly in the presence of Henry O'Neill Lord Dungannon, by William Thyry [Terry] of Cork, in Ireland, at the Jesuit College, in Louvain, 23 May 1606, Father John Prevot [Præpositus] presiding.

P. 1. Printed broadsheet, with the O'Neill arms, and a dedicatory address to O'Neill.

729. Sir Patrick Barnewall to the Earl of Salisbury. [May 16.] S.P., Ireland, vol. 218, 59.

Explaining the purport of his letter to his Lordship against Sir James Ley.

Pp. 2. Signed. Add. Endd.: "Sir Patrick Barnewall to the Earl of Salisbury."

730. Lord Deputy to Attorney and Solicitor General for Ireland. [May 19.] Carte Papers, vol. 61, p. 194.

Warrant for fiant of a grant of a yearly fair on Saint Bartholomy the Apostle's feast, at Kildarririe [Kildorrery], near Oldcastletown, in the county of Cork, to Maurice Fitzgibbon and his heirs, and a market weekly at the same place every Friday yearly.—Dublin, 19 May 1606.

P. 1. Orig.

731. Lord Deputy to the Attorney or Solicitor General for Ireland. [May 19.] Carte Papers, vol. 61, p. 179.

Warrant for fiant to accept a surrender from Sir Randal M'Donell, as well of the King's former letters, as of all lands therein mentioned, in order to a re-grant to him and his kindred, and his and their heirs.—Dublin Castle, 19 May 1606.

P. 1. Orig.

732. Lord Deputy to the Attorney or Solicitor General for Ireland. [May 20.] Carte Papers, vol. 61, p. 183.

Warrant for fiant of a grant of a weekly market every Thursday at Portaferry, to Rowland Savage, Esq.—Dublin, 20 May 1606.

P. 1. Orig.

733. Sir Arthur Chichester to the Attorney and Solicitor General. [May 21.] Carte Papers, vol. 61, p. 216.

Warrant, pursuant to letters dated at Tottenham, 4 Sept., in first year of the reign, for a fiant, granting to the Ladies Jane Fitzgerald, Ellene, and Elizabeth, sisters to the late Earl of Desmond, pensions of 50l. a year each until, by His Highness's gift of lands, or other good means, they shall be enabled to live, whereupon the said pension shall cease.—Dublin Castle, 21 May 1606.

P. 1. Orig.

734. Sir Oliver Lambert to the Earl of Salisbury. 1606. [May 23.] S.P., Ireland, vol. 218, 61.

Trusts that his long and meritorious services may be considered, and that his small company of horse may not be defalked or abated.—Dublin, 23 May 1606.

Pp. 2. Signed. Sealed. Add. Endd.: "Sir Oliver Lambert to the Earl of Salisbury."

735. Earl of Thomond to the Earl of Salisbury. [May 20.] S.P., Ireland, vol. 218, 60.

On receiving a letter from the Privy Council by one Clancherry, relating to the passing of certain lands.—Clare, 25 May 1606.

P 1. Signed. Sealed. Add. Endd.: "The Earl of Thomond to the Earl of Salisbury."

736. Lord Deputy and Council of Ireland to the Lords. [May 27.] S P., Ireland, vol. 218, 62.

Whereas the King's Majesty, for the better advancement of his justice in this kingdom, hath been pleased to adorn the Judges of the Courts of Common Law here with the title of Lords, and that likewise, for the more reputation of some of the said courts, there have been sent from thence serjeants-atlaw to supply the places of Chief Justice and Chief Baron;— they think it convenient to request, that for the better credit and esteem of the Court of Common Pleas, their Lordships would be pleased to be a means to His Majesty, that Sir Nicholas Welshe, now Chief Justice of that court (who hath with good credit and sufficiency very faithfully and painfully served in office here above 30 years) may be made a serjeant-at-law, and that they would give order that by suit from thence the same may be done here, and that the Lord Deputy may be authorized to do all things else for effecting the same ; since, by his continual employment, as well in his court, as in circuits abroad, he cannot be spared to repair thither. This advancement they hold the more necessary to be conferred upon him inasmuch as by His Majesty's express direction all the judges go now in their robes after the manner of England, and it seems meet that the principal judges should be all of one rank in wearing their robes. That by this means a difference may be made betwixt them and their fellows.—Dublin, 27 May 1606.

Signed: Arthur Chichester, Tho. Dublin, Cane. James Ley, Anth. Sentleger, Ol. Lambert, Jeff. Fenton."

Pp. 2. Signed. Sealed. Add. Endd.: "Lord Deputy & Council of Ireland to the Lords."

737. Lords of the Council to Sir Arthur Chichester, Lord Deputy, and the Council of Ireland. [May 29.] Philad. P., vol. 3, p. 71.

Refer the petition of Sir John Sidney to their consideration. He complains that having purchased the Abbey of Dungevan and Mecoskan, with other lands in the North of Ireland (found by inquisition to be duly vested in the King), and having quiet possession by the order of the then Lord Deputy and State, on the Earl of Tyrone's return out of England, the petitioner was, upon the Earl's complaint, under pretence of title, dispossessed by the then Lord Deputy's order. But upon a hearing of both parties before the Council Board of Ireland, petitioner was found clearly entitled, and a counter injunction was granted by the Lord Deputy for Sir John Sidney's restitution, which the Earl disobeyeth, holding the castle by strong hand. They require the Lord Deputy and Council to rehear the cause, and either to decree according to justice, or to compound the matters, if possible, between the parties. They express their annoyance at suits from Ireland being preferred in England, where they have not as good knowledge as the Council Board of Ireland.

Signed: R. Cant., J. T. Dorset, Suffolke, H. Northampton, Salesbury, Fortescu, J. Popham, J. Herbert.

P. 1. Orig. Add. Endd. in Sir Arthur Chichester's hand.

738. Lord Deputy and Council of Ireland to the Lords. [May 29.] S.P., Ireland, vol. 218, 63.

In pursuance of their Lordships' late letters containing an establishment and orders for the reduction of the army, they had given notice to the parties interested therein, as well such as were discharged, as others that remain in pay and are within the abatement and alteration of their pay. In the meanwhile they urge the Lords to consider how far this abatement of pay may discourage the soldier, and especially the horseman, and may disable him to do the service required, when he shall find that his whole allowance, stretched out to the uttermost, will not suffice to put meat in his mouth, nor feed his horse, and much less supply him with clothes to put on his back. The prices of victuals and all other things being so high, and all help by cesse and other means taken from him by the composition, without some extraordinary helps it is not possible for the soldier, in this diminution of his pay, to sustain himself in any reasonable sort, and to be kept up in heart to answer the service upon all occasions. When in the late Queen's time the horseman's pay was reduced to 9½d. ster. per day, the country standing at that time in better condition to give him some help than now, his pay had to be increased by way of concordatum, whereby the horseman's pay was made to 12d. ster. English per day, which rates have never since been made less, but many of them had been made more. They therefore urge an increase (by warrant of concordatum) of 4d. ster. per day, to which His Majesty may be the better induced, the list of the army being now lessened by this establishment, and his charges much eased by the numbers of men discharged. If this course be not taken, they suggest a reducing of the coin, namely, by decrying the new silver harp shilling to 9d. ster., and so the other smaller parts of the new coin proportionably according to that rate; whereby all degrees of subjects would receive great satisfaction, when they should see the coin of both realms brought to one equality in value, the want of which had theretofore bred no small grudge in the hearts of many of them; especially when they considered that by that diversity in the coin His Majesty seemed to put a difference between his subjects of England and Ireland, they both being equally natural members of one Crown. They intended in the course of the term to renew their former proceedings in the Castle Chamber with some capital recusants of that city, who had not been as yet sentenced, but were respited last term, partly in respect of the sickness of some of them, and partly in hope that upon conference assigned unto them they might be brought to become conformable. But they doubted that all this would be to small purpose to effect that business of recusancy, if Sir Patrick Barnwell (who was then gone over as a prolocutor in that cause, tending to cross the course of reformation) were not prevented, and at his first coming thither, made an example of by some severe manner of correction. With regard to the Lords of Council's desire for the planting of sufficient and zealous men to teach and preach God's word to the people, inasmuch as that kingdom (in the most parts) was utterly destitute of learned and discreet preachers, they knew no other remedy than to appeal to England that some wellchosen ministers might be sent from thence, to be distributed in places most requisite within several dioceses, and especially in corporate towns. But the livings in Ireland being for the most part of small value, and not able to give competent maintenance to learned ministers, they suggest that such as shall be sent thither, namely, those that were beneficed in England, should retain their livings there, leaving it to the Lord Deputy and Council to give them some further addition of maintenance out of such church livings in Ireland as they should find meet to be converted to that use.

Request a supply of treasure for the growing charges, and to pay the arrears of the army. Without it, they will not be able to retain the companies beyond the last day of June following.

When the proportion of munitions arrive, they will be careful of issuing any part of them to the subjects for their private use, unless with such caution that His Majesty shall not lose but rather gain by that course, as near as they can. As for the decayed arms and charges for mounting of great ordnance, and returning the same to England, they forbear further certificate until the arrival of the Master of the Ordnance.

They are most sorry for the disordered multitudes of Irish beggars which (as the Lords write) pester that kingdom by swarming in the streets and the highways, to the burdening of the subjects there, and dishonour of His Majesty; but they see not how to redress it; for they had not failed hitherto to send out several penal restraints to all the ports and port towns in the kingdom to stop their passage, and had received certificate from most of the ports, and personally from the Lord President of Munster (who was then at Dublin), that they had laboured to the uttermost of their strength in that matter. The Council promise their further endeavours, but they have small hope to reform it altogether, such was the extreme misery and penury of that country, driving them to seek relief in the regions abroad. And yet one of the greatest wants which that realm had was of labouring men to manure the ground. If therefore they would be pleased to command these poor Irish people by proclamation, upon great pains, and within a certain time limited, to depart that realm, it would (in their humble opinion) be to good purpose, to drive them to return home with speed; whereby both England should be eased of their burden, and in Ireland they might live if they would give themselves to labour. But touching the multitude of those fugitive beggars, they were of mind that most of them had stolen from thence in the time of the late rebellion, rather than since the peace began to grow, and that having been in France, Spain, and the Low Countries to seek relief, they made England in their way homeward, to beg what they can get there, which was the cause (as they conceived) of their so great flocking together there, to the great burdening of that realm. Notwithstanding the difficulty of making an estimate in a kingdom where so many unexpected contingencies constantly arise, yet being thereto required, they send the best they could. With regard to bringing some families of the Greames to be brought out of the borders there, and disposed here in Ireland, as that was a matter not to be resolved upon at first, but would require some advice and consideration, they could ere long cause the motion to be intimated to some of the lords and chieftains in the several provinces, with their best reasons and insinuations to have the same embraced. And for the better expediting of this business, they had required Secretary Fenton (to whom was best known the disposition of the Irish in all the parts of the kingdom) to consider into what parts of the provinces such families of strangers might be cast for their better accommodation, and to avoid inconveniences which might break out in the body of the realm by that course.—Dublin, 29 May 1606.

Signed: Arthur Chichester, Tho. Dublin, Canc., Midensis, Henry Harington, Thomond, H. Brouncker, R. Wingfield, James Ley, Nic. Walshe, Anth. Sentleger, Jeff. Fenton, ol. Lambert.

Pp. 4. Mutilated. Endd. Add.: "From the Lord Deputy & Council of Ireland to the Lords of the Privy Council."

739. Remembrances for the Lord Deputy. [May 29.] S. P., Ireland, vol. 218, 63 a.

Remembrances for the Earl of Salisbury on the behalf of the Lord Deputy of Ireland and the Lord Chief Justice there.

Prays his assistance at the Council table in the particulars following:—

That order may be given for the payment of 10,500l. borrowed by the Lord Deputy and State for the necessary use of the army and servitors in Ireland.

That directions be given to the Treasurer from time to time to pay my Lord his full entertainments, and for three months imprest beforehand, as hath been usually allowed to all former Deputies, who have been much more able to sustain the charge and expense of that place.

That a supply of money be sent over by the last of June, as the borrowed monies will hardly satisfy the horse and foot till that time, and now the forces being much diminished, if for want of money they should be cessed upon the country before the fortifications be finished and the forts victualled, some disorder or tumult may follow, in spite of present appearance of general peace.

That order may be given for the speedy sending over of a cloth of estate, with cushion, stools, and foot carpet, and a suite of hangings for the presence ; as also for a sword of estate the King's, Queen's, and Prince's pictures, a suite of hangings' for the Council Chamber, and a bag or purse for the great seal. All which are very necessary, as well for the present use as for the honour of the State here.

That some order be taken for money to build up a place to keep the terms and Parliament, and for Kilmanaham [Kilmainham] house, if it be thought fit.

That the case of Sir Patrick Barnewall may be well considered of; for, if he should escape punishment, there is no hope of doing any good in matter of reformation, for the eyes of all men are bent towards the success thereof, and give out that His Majesty and this State do favour and tolerate their proceedings, and have restrained the Lord Deputy from further proceeding's against them.

That he may have a copy of the suggestions made against the Lord Chief Justice, in order that he may at once send them over and procure his speedy answer to them.

That Salisbury will be a means that the Lord Chief Justice may be called over, after the end of Trinity Term, to clear himself of all informations made against him; which he doubted not but he would perform to Salisbury's good contentment and that of the State, and there was no man in that kingdom better able to advertise him of all particulars for the good of the State.

Lastly, that Sir Oliver St. John and Sir Richard Cooke might be required to be present at the hearing of Sir Patrick Barnwall's cause. For howsoever matters were ordered in England, unless there should be good testimony of the proceedings, the priests and recusants would make the people believe whatsoever they thought fit to give out.

Pp. 2. Endd.: "Remembrances for the Rt. Honorable the Earl of Salisbury. On the behalf of the Lord Deputy of Ireland and the Lord Chief Justice there."

740. Lords of the Council to Sir Arthur Chichester, Lord Deputy, and the rest of the Council. [May 30.] Philad. P., vol. 3,p. 69.

They remit for the consideration of the Lord Deputy and Council the complaint of the Earl of Essex, who is the King's farmer of the barony of Farney and Clancaroil, against the order made by Robert Oglethorpe and John Elliot, two of the Barons of the Exchequer, going judges of assize of the county. They decided in August last, in favour of Henry Garvie of Monaghan, claiming the lands of Eniskene in the barony of Farney, under a lease made to him by his father John Garvie, late Primate, with the assent of the dean and chapter of Armagh, and against Ever M'Mahon, tenant of the same lands under the Earl of Essex. The King being interested, his learned counsel ought to have been made acquainted with the suit, which defect gives opportunity for this re-consideration.—Court at Whitehall, 30 May 1606.

Signed: T. Ellesmere, Canc., J. T. Dorset, Notingham, Suffolke, H. Northampton, Salisbury, E. Zouche, J. Popham.

Pp. 2. Orig. Endd.

741. Sir Patrick Barnewall to the Earl of Salisbury. [May 31.] S.P., Ireland, vol. 218, 64.

Apologises for troubling him; but, having endured a very chargeable time of six months restraint, he asks that he may be called to answer what may be objected upon the contents of that his letter to him, wherein, though he must confess that to keep silence and to say nothing, had been, in regard of his particular, the wiser course, yet is he persuaded that that which he has followed is the far more honest.—"From my lodgings in the Strand, the 31st of May 1606."

P. 1. Signed. Add. Endd.: "Sir Patrick Barnwall to the Earl of Salisbury."

742. Memorial for the Lords touching the Revenue of Ireland. [May.] S.P., Ireland, vol. 218, 64 a.

Memorial for the Lords to be pleased to consider of, touching the state of His Majesty's revenue in Ireland, principally on the proposition for decrying the coin; the salaries of officers; reduction of wards.

Pp. 4. Endd. Not dated, but prior to 25 June 1606, at which date actual directions were sent to the Lord Deputy to decry the money.

743. Answers to several points contained in the above. [May ?] S.P., Ireland, vol. 218, 64 B.

Pp. 2.

744. Petition of Viscount Butler. [May ?] S.P., Ireland, vol. 218, 64 c.

Petition from Lord Viscount Butler to James I. in behalf of the Earl of Ormond and himself, for pardons of alienation and intrusion, and for settlement of the lands and possessions of the family.

P. 1.

745. Absolom Gethin to the Earl of Salisbury. [May ?] S.P., Ireland, vol. 218, 64 D.

In favour of Lord Butler, representing the danger he was in from his personal adversaries in Ireland, and sending certain pedigrees of the Ormond family and connexion.

Pp. 2. Add. Endd.: "Absolom Gethin to the Earl of Salisbury." (No date.) Encloses,

746-7. "Pedigrees of the Ormond and Butler families." Two documents. (No date.) [May ?] S.P., Ireland, vol. 218, 64 D. I. and II.