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James I: July 1606

Pages 507-535

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

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James I: July 1606

777. Report on Donnell M'Arty's Petition. [July 2.] S.P., Ireland, vol. 219, 75.

The report of the Lord Carew, Lord Chief Justice, Sir Roger Wilbraham, concerning Donnell M'Arty.

Have examined the petition of Donel M'Carty touching his offer to surrender the country of Carbry to His Majesty, and to accept the same by letters patent, to hold the same by English tenure of His Majesty.

Have also considered of many objections, made against this suit by Florence M'Carty, now prisoner, and upon consideration thereof are of opinion,—

That it is not inconvenient for His Majesty to accept a surrender, and to grant the same by His Majesty's letters patent (receiving some small rent for an acknowledgement) to hold by knight's service in capite, by one whole knight's fee, and thereby to extinguish the custom of Tanestry. Yet because the country of Carbry offered to be surrendered, as the pretended inheritance of the petitioner, is a large territory wherein they think there are or have been divers freeholders, and as many of them have by attainders forfeited their estates to the Crown, and some others have sold their rights to others, and yet out of some of these no rights have grown to the Crown, the petitioner and his predecessors may rightfully have some rents and duties ; they think it meet therefore to direct that, before the petitioner's surrender be accepted, there should be a presentment by indifferent commissioners and jurors in Ireland, what lands, duties, lawful and sufferable services, the petitioner hath in them in demesne or service, and what belongeth to His Majesty or other freeholders, and upon return thereof (certified of record whereby each party's right may appear), then and not before, to accept the petitioner's surrender, and to grant to him and the heirs male of his body such portions of land and other duties and services, as by presentment shall be found to be the petitioner's right (not being His Majesty's, nor granted from the Crown to any person); otherwise to certify to their Lordships how much and in what manner the same were fit to be granted.

And for securing His Majesty's titles, and all strangers' rights, a proviso is to be inserted in his letters patents to be granted to the petitioner, with liberty of court leet, half felon's goods, waist (fn. 1) (sic) and stray, and such other inferior privileges, as have been usually granted to other lords ; and with a covenant that he shall erect 24 freeholders at the least for service of jurors.

Which things being observed, they think it a beneficial thing to His Majesty to the country, to have this country reduced from Tanestry to an English tenure and peaceable course of inheritance.

Touching the second article of the petition, desiring toleration of the King's royal composition of 80l, yearly in lieu of cesse, they think it convenient that it be preserved, and hold it not convenient to grant him other toleration than other lords and gentlemen (that pretend like poverty) have, lest by his example others should be encouraged to like sins.

All the rest of the articles against the L. Barry, La. Norrys, and others are in effect only petitions for justice. Wherein they see no inconvenience in recommending him to the Lord Deputy for the speedy righting of his just complaints against all subjects, saving the undertakers and such others whose titles have been heretofore heard and discussed.—2 July 1606.

Signed: G. Carew, Jo. Popham, Rogr. Wilbraham.

Pp. 2. Endd.: "The Report of the Lo. Carew, Lo. Chief Justice, Sr Roger Wilbraham, concerning Donnell M'Arty, 1606."

778. Lords of the Council to Lord Deputy and Council. [July 3.] Philad. P., vol. 3, p. 80.

Refers to them the petition of a poor young man, one Con O'Kelly, to the King, who seeks a grant of a certain parcel of land in the county of Roscommon, forfeited by the offence of his father and uncle against the late Queen. As commissioners of causes touching Ireland, they might have themselves dealt with the petition; but they do not know the merit of the petitioner, and mislike giving way to suits of that nature. Nevertheless, because the poor petitioner alleges extraordinary cause (if it be true) to move favour towards him, affirming that at the time when his father and uncle were in rebellion against the Queen, he nevertheless not only continued in his allegiance, but served against the rebels; a stay should be put upon the parcel of land claimed by the petitioner passing in any book or patent, and inquiry should be made if the petitioner served against the rebels when his father and uncle were in rebellion, that His Majesty be moved to relieve him in this suit.—Greenwich, 3 July 1606.

Signed: R. Cant., T. Ellesmere, Canc., J. T. Dorset.

P. 1. Orig. Add. Endd.: "From the L.L. of the Councell in England in the behalfe of Con O'Kelly."

779. Lords of the Council to Lord Deputy and Council. [July 3.] Carte Papers, vol. 3, p. 82.

Since committing Sir Patrick Barnewall to the Tower of London, they had received from Sir Patrick, according as they had commanded, his exceptions to the proceedings of the State in general, and to the conduct of the Chief Justice, one of the Council, in particular. First, he complained of his sending forth precepts under the great seal to compel men to come to church. Secondly, he complained against the Chief Justice for refusing private men to see their indictments ; and thereto added an information of raising some new and excessive fees. Though those complaints proceed, as they (the Lords) perceived, from an unquiet spirit, labouring still to make himself great in opposition to the State, and had accordingly made him feel their judgment, they yet desired further information that they might better pronounce and publish the offence of any that should presume to censure their (the Lord Deputy's and Council's) proceedings. And because their Lordships would know the law or precedent for the course taken in issuing precepts under the great seal to compel men to come to church, which was as yet unknown to them (the Lords of the Council) there, they send them what he offered to prove in the two other grievances, being persuaded they would easily give a satisfactory answer.

In the meantime, as far as regards Sir James Ley, they sent him comfortable assurances that such false and froward informations could not make any suspense in His Majesty's judgment of his integrity, and they were commanded to require him to forbear to come over; because his coming might be interpreted to his disgrace, as also in respect of the need the State had of his services there, at a time when His Majesty had granted sundry commissions to be executed there, and had given so many new directions upon the death of the late Lord Lieutenant.—Greenwich, 3 July 1606.

Signed: R. Cant., T. Ellesmere, Canc., J. T. Dorset, H. Northampton, Salisbury, E. Zouch, W. Knollys, J. Stanhope.

P. 1. Orig. Add. Endd. by Sir Arthur Chichester: "From the L.L.s of the Council, tuchinge Sr Patrick Barnwell and his objections."

780. Sir Arthur Chichester to the Earl of Salisbury. [July 4.] S.P., Ireland, vol. 219, 76.

On the 24th of June, the wind being very scarce, the post bark brought three commissions, together with his Lordship's letters, by which his care of this kingdom is manifested. Will endeavour thereby to raise some profit to His Majesty without grudge to the subjects, who, being much of the quality of nettles, will sting being tenderly touched, but by hard griping them will cause less annoyance. The course hitherto hath been to dandle and please them in all things, and seldom to call any to account, whereby virtue hath wanted of her reward, and misdemeanour of punishment ; private gain hath corrupted most of the under ministers and officers of their land, whereby the King is ill-served, and it is hard to purge a disease so generally dispersed through most members. At all times his care shall be to amend what is amiss, and to give a good account of his labours.

His Lordship's proceeding with Sir Patrick Barnewell hath greatly comforted the State, and a little appalled Barnewell's faction, who are sorry for the course they undertook, and the more, from his (Chichester's) threatening to send others of them over, of which they are very fearful. They hold on their course with the recusants of this city, and are hopeful to reform the multitude generally; but, to be plain, it is the clergy itself that hath marred the people, and undone the kingdom. There must be a reformation of the clergy by upright and judicial visitors well chosen from thence, with some good assistance here. There need to come from thence but one for every province, and their assistants must not be bishops. The North hath a great want of the Bishop of Derry, Rapho, and Clogher, all being united in one man, and himself not yet come over. Prays his Lordship to hasten him to his charge; otherwise he conceives he will be slow in coming, the profits of this kingdom being sweet, and labours unpleasant.

The Chief Baron has gone for that kingdom, being exceedingly weak, and he (Chichester) thinks past recovery. That Court is weakly supplied in his absence; is enforced to authorize, by commission, one of the other principal judges to sit daily there in the term time. By His Majesty's letters of the 27th June 1605, it seemed to be intended to strengthen each Court with a worthy and well-chosen judge from thence, which would be a matter of great consequence, and further the business here exceedingly; for some of these neither grace the place, nor further the service, which must be carried by justice and policy, our other forces being but wards for the places where they are bestowed. Knowing it could not be but the forces in this land must be diminished, he (Chichester) often advised the late Lord Lieutenant to lay certain small wards in places of most advantage for entrance and discovery, especially in the North: for, albeit they could of themselves act no great matter, yet would they be watchers and spies upon the country, whereby many purposes would be discovered before they could be put in execution. This hath in good measure been perfected by this last establishment, and Coleraine only omitted, which is a place of principal import; and it and the Liffer are most fit places to plant corporate towns, which will greatly strengthen the country, and make civil the people; but in the meantime it is meet there were a ward under Capt. Thomas Phillips, who may well overlook it and Toome; and this may be raised out of other wards without further charge to the King, as namely, four from the castle of the Morie [Moira], which is 16 in the establishment, though he (Chichester) never allowed but 12 by warrant of full pay, four from the castle of Lymbrick, two from Dungarvon, and two from Loghlan [Leighlin]. This may be done without offence, if Salisbury is pleased to require it; for he (Chichester) is so tied by the establishment that he cannot well alter anything therein without danger ; a tie lately laid upon the Deputies of this land, and from his experience not greatly beneficial for His Majesty.

Some of the late discharged officers, as the provost marshals of Knockfergus and Loughfoyle, held their places by letters patent during good behaviour, whence the judges and learned counsel are of opinion that the fee ought to be paid unto them. This being so, it were better to employ them in execution of service in that kind, than to let them lie idle. Conceives nothing will contribute more to the quiet and good settlement of this country than the allowance of a provost marshal in every shire, or two shires where they lie convenient; for, besides the cutting off of sundry thieves, idle and masterless men, they procure many to labour the waste land, and give good dispatch to such business and directions as may be transmitted into the remote parts, where (and nearer home) they are slowly executed by other ministers, few justices of the peace understanding or doing their duties. These provosts and a few Irish were all the increase of charge he propounded in his last letters, unless it were for his own particular, of which he is enforced to write, all his entertainment as Deputy not being sufficient to defray the expenses of the King's table and household, which is of as great charge as in other men's time, although the pay is less by a fourth part. By their former commission of arrears and collecting the King's debts, they sit thereon every Thursday, and have not yet run through the county of Dublin, wherewith they began. When that is perfected, will transmit their proceedings to his Lordship.

Acquainted him long since with the state of the Earl of Ormond and Viscount Butler's lands, much whereof lies open, and gives occasion to such as have books to fill to aim at it. In respect of the nobleness of his house and former services, he (Chichester) will suffer nothing to pass which shall be prejudicial to him until he shall understand what success the young Lord, who is daily expected by the Earl, receives there. Is thankful for the order given to pay the money borrowed by them, and for the supply mentioned in his Lordship's letters, all the garrisons being unprovided from the last of June. Is in hand to take up 500l. to serve those in the remotest parts until that treasure come, and it must be repaid out of the same. There is so great abuse in collecting and paying in of the King's rents and composition, that they have no help that way for other than the patentees. Some judicial and severe Exchequer men must be sent to amend those defects.

Purposes, by God's permission, to begin his journey towards Monahan, Cavan, and Fermanagh on the 18th of this instant, where they will endeavour the settlement of those countries. Thinks he has already increased the revenue as much as His Majesty has given away in this land in his time, of which his Lordship shall have a particular upon his return from that journey. The Lord Cromwell hath 30 foot by His Majesty's list, and never an officer to overlook and take charge of the next, either a lieutenant or serjeant. Is driven to recommend these petty remembrances, being so strictly tied by the establishment, and loath to swerve from his directions in these matters of charge.

There were lately landed from France in the river of Waterford about 80 men, women, and children of this country, people in the habit of beggars, and being seached were so conceived. They report there are many others to follow from Spain and France. Has sent directions to the officers of the ports to take the examination of each principal party that shall so land hereafter, as was done of these, and to have them conveyed to the place where they were born, where the lord of the country is to undertake for them and to set them to labour or otherwise to dispose them from wandering abroad. Conceives it was from those parts that great numbers came into England, of whom his Lordship has so often written, for from hence they could not, and these in times of misery dispersed themselves into all parts for relief.

The horse and foot were discharged the last of May according to the establishment, all but Sir Ri. Percies, whose, by reason of the presidents' and commissaries' absence stood to the 13th of June.—Dublin Castle, 4 July 1606.

Pp. 5. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the Earl of Salisbury."

781. Sir Arthur Chichester to the Earl of Salisbury. [July 4.] S.P., Ireland, vol. 219, 77.

Since the perclosing of his former letters that morning, received advertisements from Sir Francis Barkeley, that there landed from Spain in the province of Munster, within these few days above 200 people of this country birth, some of them having pensions from that King. These make very honourable mention of the Spanish King's bounty extended towards them, which breeds him great respect in those parts. It is (as Sir Francis writes) reported by some of them that they were commanded to resort to the service of the Archduke, and towards their charges they had impress of their wages for a month or two, with which they are stolen hither, being loath (as it seems) to attend those services; by discovering their baseness, he persuades himself, they will become more contemptible with that nation which bath long allured them to its service to no good purpose. Sir Francis writes, they have brought sundry letters for several gentlemen in that province, and one to himself which he showed to the Lord President, which is from O'Sullyvan Beire [Bear], composed only of his desires to return and to be received to the King's favour, and to have his lands restored.

Doubts not but that among these there came priests, whom they now set a-work more than in former times, whereby to hinder the course of reformation and hold the minds of the subjects in suspense. Barkeley further writes, that there is sent into that province a commission to the inferior priests from the Pope's primate of this kingdom, to collect the benevolence of the Catholics (as he styles them) for the maintenance of their agents in England, labouring for liberty of conscience, the principal of which is said to be Sir Patrick Barnewall. This, he thinks, is rather given out by others than himself. But there is certainly something in handling among them, of which he knows the President will be watchful, and will advertise Salisbury; but not knowing what conveniency the President may have to transmit intelligence, he takes advantage of the opportunity of this ship. Will have the best care he may to prevent their plots, and will from time to time give advertisements to Salisbury. But as it hath pleased His Majesty to authorize them in times of present danger to enter 1,000 or more men for his service, he sees not how to levy and content them, having so little money and never 1,000l. beforehand, and in the prospect of a plot of villainy, few will lend at such times, for he fears the cities and towns are infected with the rest, and will be until they be better bridled with strong citadels; which was once intended, and would be a work of great consequence, for the weak forces laid among them cannot prevent their malicious intentions. —Dublin Castle, 4 July 1606.

Pp. 2. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the Earl of Salisbury."

782. Postscript for the Lords' Letter to the Lord Deputy of Ireland. (fn. 2) S.P., Ireland, vol. 219, 79.

"Furthermore, whereas it is alleged unto us by the said gentlewoman, that notwithstanding there is 2,400l. due unto her for the arrearages of 200l. yearly rent, by virtue of letters patents from the late Queen, to be levied upon the lands of the general inhabitants of the county of Longford, yet in regard of her knowledge of their present disability to pay so great a sum, she hath been content, until they should be of better ability, to accept of the aforesaid yearly rent, from the time of His Majesty's coming to the Crown ; for the payment whereof she hath had divers warrants and orders from the late Lord Deputy, Sir George Carey, directed to the several subjects of that county, and the same, as she thinketh through their negligence only, not performed. Your Lordship, upon due examination of the truth of this information will take some speedy and direct course for her satisfaction in this her last and most reasonable petition."

P. 1. Endd.: "Mrs. Malby." Encloses,

783. Return of Chargeable and Free Lands in the County of Longford. [July 6.] S.P., Ireland, vol. 219, 78.

"Com. Longford.

"I find, as well by view of some records as by mine own experience and knowledge in part, as also by the conference and consent of some of best antiquity and knowledge of the county, that there are in the county of Longford 700 car- trones (sic) and upwards of chargeable land, and near 200 cartrons of free land; and that the quantity of the land of their cartrons is very uncertain, some of them containing 30 acres of arable land, some 25 acres, some 15, and some 10 acres, and some less, besides bog and mountain. And that every of the chargeable cartrons aforesaid are (sic) in respect of the rents and services payable to the manor of Granard or the tenants thereof, and to Mrs. Malby, is (sic) charged with 10s. 9d. old money, besides His Majesty's rent.—A Dublin, 6° July 1606."

"J. Parsons, supervisor generalis."

P. 1. Endd.: "Com. Longford."

784. Lord Cromwell to the Earl of Salisbury. [July 9.] S.P., Ireland, vol. 219, 80.

His Lordship was pleased amongst many other honourable favours to confirm his (Lord Cromwell's) estate here by his furtherance to the Countess, and if need were, by His Majesty's letters hither, for the speedier and more beneficial effecting thereof. Although the Lord Deputy hath written over to the Countess and the executors thereabouts, and he himself has oftentimes entreated their speed and dispatch therein, yet is there none come from them as was promised, nor has he yet heard of the letter which His Majesty vouch- safed him, and Sir Thomas Lake promised to write. As yet therefore he remains in hopeful and doubtful sufferance, humbly praying Salisbury's furtherance for both, and for his allowance for an officer over his company of foot, whom, as lying so far from him, he himself cannot oversee. This nation hath in the greater part, especially here in the remote parts of the North, so long strayed from good discipline either of church or commonwealth, that he fears it will need some labour to restrain them. But this he doubts not is foreseen, and will in due time be provided for.—Down Patrick in Lecale, 9 July 1606.

P. 1. Signed. Add. Endd.: "Lord Crumwell to the Earl of Salisbury."

785. The King to the Lord Deputy. [July 10.] S.P., Ireland, vol. 219, 81.

Considering how necessary it is that persons well qualified and trained in public service should be chosen and called to employment in public offices, he earnestly recommends his good subject, George Calvert, as a gentleman of good sufficiency, to whom, for the respects above said, to grant the office of clerk of the Crown and of assize and peace within the province of Connagh and the county of Clare, which office Sir Richard Cook now hath. Requires therefore and authorizes the Deputy to cause a grant of those offices to be made to the said George Calvert, by letters patent under the great seal of Ireland; to be held by him, or by his sufficient deputy or deputies during his life, with the yearly fee of 26l. 13s. 4d. Irish, incident to the same office, and with all other advantages thereto belonging, immediately after the same shall become void, in as ample and beneficial manner as the said Sir Richard Cooke now enjoyeth.

Given under the signet at Greenwich, the 10th day of July 1606, in the fourth year of the reign of Great Britain, France, and Ireland.

P. 1. Add. Endd.: "Copy of the King's letter to the Lord Deputy of Ireland, concerning Mr. George Calvert."

786. Sir Randal M'Donell, Knt., to the Lord Deputy. [July 11.] Carte Papers, vol. 61, p. 180.

Complaining that Mr. Attorney will not allow the moiety of felons' goods to be passed to him by patent, and has left order with Mr. Recorder of Dublin to pay him nothing for his fishing but harps.

By a note endorsed on the letter, Sir Arthur Chichester directs the Attorney to insert all favourable clauses, as such is the King's desire.—11 July 1606.

P. 1. Orig.

787. The Lord Deputy to His Majesty's Council learned in the Laws. [July 12.] Carte Papers, vol. 61, p. 222.

Sir Arthur Chichester.

Whereas the late Queen's Majesty, as also the Lords of the Council of England, upon humble suit made there by the inhabitants of the town of Youghal, have thereof signified by letters hither their resolution to have the county of Cork divided into two counties, which seemed unto them and the state of this kingdom in those times very necessary, as well for the over-great length and scope of that county as now it standeth (being about 100 miles long), as for divers other considerations of State.

And forasmuch as they (the Lords) have been diversly made to understand that many mischiefs and inconveniences, as well against His Majesty as the commonwealth, do daily rather increase in these parts than otherwise, by reason that the sheriffs and other ordinary ministers of justice in that county cannot for the great extendence thereof be at hand to answer the service of the country, for the good and quiet thereof, as were most requisite; for the remedy of all which, and to satisfy in general the well-affected of those parts who importune a care to be had thereof, it is now by a consent of Council resolved, and so they think meet, that a division of the said county shall proceed without delay, adding to the lesser part thereof the countries of Coshmore, Coshbride, and Condon's country, now in the county of Waterford, and lying within and near the river of the Broadwater, and not unfit to be spared from the same. And that the one part of the now county of Cork aforesaid shall still be called the county of Cork as now it is; and the other part thereof shall be called the county of Youghal.

These are therefore to require them (H.M.'s Counsel) upon sight hereof to draw forth a fiant of a commission in due form, directed to the persons hereunder named, or any three of them (whereof the Lord President of Munster, the Lord Chief Justice, or the Lord Justice Walshe to be one), to enter forthwith into a diligent perambulation of the said county of Cork as now it is, and specially the contents of the baronies of the Lord Roche's country, Imokelly, the Lord Barry's country, Dowalla [Duhallow], alias M'Donogh's country, and so much of Clan Gibbon, alias the White Knight's country, as is not now in the county of Tipperary, all which are now members of the said county of Cork, and also the aforesaid countries of Coshmore, Coshbride, and Condon's country, now in the county of Waterford; and to limit, mere, and bound the same into one entire county by certain meres and bounds, if in their discretion they shall find these countries so convenient and competent to be converted and made into one entire shire, as we are informed they are. Otherwise to lay out such parts of the county of Cork, adding thereunto the aforesaid countries in the county of Waterford, as for the purpose aforesaid they shall find most fit and answerable. And to apportion and divide the same by certain meres, bounds, and names into several baronies, and to nominate the town of Youghal for the shire town, that a shire gaol may be erected and kept within the same. And also to apportion, limit, and divide the residue of the county of Cork by certain meres and bounds into one other entire county, and into certain baronies ; reciting in the said fiant the late great commission out of England, authorizing us and others to limit and divide shire grounds within this kingdom. The said commission to be returnable as soon as the commissioners can, and at the farthest in Quindena Hillarii next, and to send the same unto us fair engrossed in parchment, under your hand, to the end we may proceed further for the execution thereof as appertaineth. And for your so doing this shall be your warrant.—Castle of Dublin, 12 July 1606.

To my right trusty and well-beloved His Majesty's Councill learned in the laws.

The Lord President of Munster.

The Lord Chief Justice of the Chief Place.

The Lord Justice Walshe.

The Lord Roche, Lord Viscount of Fermoy.

The Lord Barry, Lord Viscount Buttevant.

Sir Dominic Sarsfield, Chief Justice of Munster.

Sir John Davys, H.M. Solicitor-General.

Sir John Doadall [Dowdall], Knt.

Sir Richard Boyle, Knt.

Henry Gosnold, Esq., Second Justice of Munster, and William Parsons, Esq., H.M. Surveyor-General.

Pp. 3. Signed. Add.

788. The King to [Lord Deputy of Ireland.] [July 12.] Carte Papers, vol. 30, p. 38.

Concerning certain petitions transmitted unto His Majesty by the Earl of Ormonde and the Viscount Tulleophelim, his nephew and heir. For the two first points, the one being a pardon for alienation and intrusion in the late Queen's time ; the second, a special livery, to be granted him after the death of the Earl, of all the Earl's lands lying dispersed in that kingdom;—the King wishes to be informed what the compositions would amount to in ordinary course. As to the third point, both parties are to be heard before the Deputy, and the Earl's claim is to be granted without breach of justice, which the King will not infringe.—Greenwich, 12 July 1606.

P. 1. Copy. Certified by Windebank.

789. Nic. Walshe to the Earl of Salisbury. [July 14.] S. P., Ireland, vol. 219, 82.

An airie of falcons, after missing these six or seven years past, chanced to be found this last season. There were but two birds in the nest;—this falcon, which he makes bold to present to his Lordship, and a tarsell-gentle, which at his being at Dublin this last Trinity term, by the keeper's negligence, flew away, and, by reason it had no bells, could not be heard of since that time.

Was made acquainted at Dublin with a discourse which Sir John Davyes, the King's Attorney, made regarding his circuit this last Lent to Mounster and to the county of Clare, wherein he forgot to relate that he (Walshe) was also there, having been chief in that commission. And now again it pleased the State here to send him thither, accompanied by the Baron Eliot, and he intends after their circuit [is] ended to make a short discourse of their doings to his Lordship, being emboldened thereto by his honourable acceptance of the Attorney's certificate.

As it pleased His Majesty this year to dignify their places of justice, and to appoint them robes, the Lord Chief Justice of the King's Bench and the Chief Baron of the Exchequer here, because themselves were called to be serjeants-at-law, reproved the rest of the judges for wearing of their hoods on the right shoulder, leaving him, notwithstanding he holds a place in the Court of Common Pleas, to make that a difference betwixt themselves and him (Walsh). In order to avoid this inconvenience the Lord Deputy and Council were moved to write to his Lordship and the other Commissioners, praying that a writ should be directed to the Lord Deputy for calling him (Walshe) to that degree, as there is no profit, and a very small advancement to him by that calling. Trusts that Salisbury will not deem the same proceeded out of any ambitious humour on his part.—Waterford, 14 July 1606.

P. 1. Hol. Sealed. Add. Endd.: "Justice Walshe to the Earl of Salisbury."

790. Sir Randall M'Donnell to the Earl of Salisbury. [July 16.] S.P., Ireland, vol. 219, 83.

The encouragement his Lordship was pleased to give him in desiring that he should certify him from time to time of anything that might concern himself in particular, makes him presume now to recur to his Lordship. Upon his arrival here found himself dispossessed of the fourth part of the fishery of the river Baund [Bann], which His Majesty was pleased to grant him by patent, being the best stay of his living. This was wrought by the means of one Mr. James Hamilton, who, searching and prying curiously into his patent (as he doth into many other men's estates), seeks to take advantage upon words and other slight causes, thereby to avoid his M'Donnell's interest, and to pass it to himself upon other men's grants which he hath purchased. He is now possessed of great countries, and yet is not contented therewith, but seeks to pull from him that little portion which His Majesty of his bounty hath been pleased to bestow upon him. In this device Captain Thomas Phillipps, being formerly his (M'Donnell's) farmer of that fishing, hath joined with Hamilton ; and by that means he (Sir Randall) is put from his possession, they having laboured warrants to that effect by consent between them. Besides this, Captain Phillipps hath procured two several, informations to be laid against him in the Star Chamber, suggesting that a riot was committed by some of the people of his country about the said fishing; wherein about 60 of the poor inhabitants are brought in question, who had not any intention to commit any outrageous or riotous acts, but came in friendly and familiar manner, and there was not so much as any evil language passed between them. For his own part, he was then with the Lord Deputy at Dublin; and coming afterwards toward the fishery, desired to speak with Captain Phillipps, who came forth as though against an enemy with pike and shoat [shot]. Having no more in his company but two serving men and three merchants, some provocations and injuries were offered him, but he passed them over, rather desirous to seek right by any means than by force, remembering the words that his Lordship spoke to him at his departure, desiring him not to be his own carver. Will ever be mindful of these words when any such occasion is given him, and yet he is brought into the Star Chamber for his patience, which does not grieve him so much as the untrue report given out of him otherwise, of purpose to bring him in disliking of the State. His poor people thus troubled are in so great terror that they have fled for the most part, he knows not whither. Only this will he desire, that Salisbury will not give credit to any sinister informations against him, without first hearing his answer, and that he will be pleased to write in his behalf to the Lord Deputy, that he may find his lawful favour in some greater measure than as yet he has found, and that his Lordship may use him no worse than the rest of the gentlemen in the province of Ulster, nor be a partial judge betwixt him and those that take his fishing from him. —Dublin, 16 July 1606.

Pp. 2. Signed. Sealed. Add. Endd.: "Sir Randall M'Donell to the Earl of Salisbury."

791. Sir Arthur Chichester to the Earl of Salisbury. [July 17.] S.P., Ireland, vol. 219, 84.

Has heretofore acquainted him with the purpose which Sir Christopher St. Lawrence entertained of employing himself in the services of the Archduke, and that he (Chichester) staid him, in respect of his birth and good deserts in these last troubles, until he had acquainted the Lord Lieutenant therewith, and upon the Lord Lieutenant's death, Salisbury. Being now, upon this last reducement, hopeless of receiving any means from His Majesty for his maintenance, until by the death of his father other fortunes may befall him, and having here small helps of his own, he has importuned Chichester for licence to pass through France ; which he has not thought fit to permit, but rather has advised him to pass through England, where, by taking his leave as he ought, he would free Chichester of blame, and himself of wilfulness. Assures his Lordship that he hath well deserved in sundry services, hath lost his blood and many of his kinsmen, and would ever adventure himself freely upon all occasions, and his means here are now so small, that it can no way support him. He is loath to adventure himself in foreign services, especially with the Archduke in respect of his religion, if he knew what other course to hold more pleasing to the State. Can but recommend him to Salisbury's good favour, whereby he may be supported at home, or receive some countenance in his adventures where he goes.—Dublin Castle, 17 July 1606.

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

792. Sir Arthur Chichester to the Earl of Salisbury. [July 17.] S.P., Ireland, vol. 219, 85.

These late discharges have brought many suitors to him for letters of recommendation thither, but where he grants one he denies forty. This gentleman, Sir Ralph Constable, hath so well deserved, and his suit appears so reasonable, that he makes bold to present him to his Lordship. His Majesty, upon his discharge, bestowed a pension of 100l. a year upon him; his suit is that it may be paid him there according to the standard of this kingdom, or that a surrender of his pension may be accepted, and that a lease in reversion of an impropriation which he hath found, and of less value than the pension, may be granted in its stead. He has spent his time in these services for the space of 11 years, and hath been taken prisoner, paying dear for his enlargement, which hath made him a small benefitter by his service ; and, having been long under Chichester's command in the North in the busiest times of the rebellion, he proved himself a very worthy and valiant gentleman.—Dublin Castle, 17 July 1606.

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

793. Richard Aylwarde, Mayor of Waterford, to the Earl of Salisbury. [July 17.] S.P., Ireland, vol. 219, 86.

Presenting him, as a gift from the town, with two bed coverings, and two rundells of Waterford aquavitæ.—Waterford, 17 July 1606.

P. 1. Signed. Add. Endd.: "Mayor of Waterford to the Earl of Salisbury."

794. Sir Arthur Chichester to the Earl of Salisbury. [July 18.] S.P., Ireland, vol. 219,87.

His Majesty's letters and instructions of the 25th of June, and his Lordship's on the 5th of this instant, all which arrived on the 10th of the same, will require further consideration and debatement before return of answer; but the Earl of Clanricard being upon his repair thither, he (Chichester) has thought it fit to remember Salisbury in that point which concerns the abolishing of the name and use of sterling money in this kingdom by proclamation, and by bringing the harp shilling to be understood as current money of Ireland. For upon proclaiming the harp shilling in October 1603 to be 12d. sterling, there were immediately three coins in this land ; to wit, sterling English (or old Elizabeth), by which was meant the English shilling ; sterling Irish, by which was meant the harp; and Irish, which in payment was taken at sixpence halfpenny farthing for a shilling. All the King's compositions, fines, amercements, and part of his rents, are paid by the name of sterling, for which harps were received; the greatest part of the rents are Irish, for all which a harp shilling was taken for 16d., as is noted in His Majesty's letters; all contracts, bargains, and sales between party and party, were meant and continued after the standard of England; and there is no likelihood to alter it, the subjects being generally so unwilling to suffer a difference between those of England and themselves ; alleging that the coin of a harp for a shilling was only intended for payment to the servitors in this land, and not to hinder the landlord's profit, nor any other subjects trading in commerce of any kind ; and this end is defeated, for howsoever it may be received for 12d., it is never put away for more than 9d. Now to proclaim the harps for 12d. current money of Ireland, thus it will stand. All the King's Irish rents will be paid for in harps, one for 12d., which was formerly received for 16d.; and consequently the composition and sterling rents will be paid according to the standard of England, for then shall we have but two coins in the land, and as His Majesty's receipts are raised, so will his payments. For all such as have fees or other entertainment by the name of Irish, and received of late but 6d. for a shilling, will now receive 9d., by which those that have their pays in sterling money will expect 12d.; nor does it appear how it can be denied them, if the intended proclamation be published. Wishes that the King should have but one coin in this land, but does not see well how it can be effected without great loss to His Majesty and undoing of his principal subjects—noblemen, landlords, capitalists, and all who have lent money. And the Council table will be infinitely troubled in settling the differences that hereby will daily arise between party and party; for the courts of justice will be hardly able to give judgment in cases of that nature, by reason all bonds and contracts with strangers and natives are taken and made by the name of sterling or current money of England ; and, there being do such money or name allowed in this kingdom, it is hard to see what judgment they will give. They have already been much troubled in the like since the harp was proclaimed 12d. sterling; and none shall gain thereby but the tenants and farmers, who sell as dear as they have been accustomed, and pay a fourth part less rent. Thinks it a better course, therefore, to bring the coin as near as possible to the standard of England, whereby His Majesty will be a gainer in his receipt, although he will lose more in his payments to his men of war and servants for the present; but the kingdom, within few years, will come to support the charge of itself, and His Majesty may by way of subsidy or otherwise raise some profit from his people. Besides the King's rents are permanent, and his payments to most of his servants in this land but provisional; and the deficit of income might, if necessary, be remedied by the abatement of the pay in a fourth part, and such diminution of entertainments will cause no difference, since they now receive it but in name, and will then receive it in substance, for the 4s. they now receive is but 3s., and so in greater and lesser sums.

Since his coming to this government he has studied to abate all unnecessary charge and to increase His Majesty's profit; but the King, having forborne to victual and apparel the soldiers, it seems impossible for them to live and furnish themseives with clothes by their pay of 8d. of this money by the day. All helps of the country are now taken from them by the composition, and in some parts of the kingdom, as victuals are scarce and hard to get at some seasons of the year, some of the forts and places of principal import must be furnished with a magazine for three or four months.

As it appears that if the harp shilling were proclaimed and the sterling abolished, according to His Majesty's late directions, all men would expect to receive their payments as they did in the late Queen's time, and as he is doubtful whether it be so intended, he has made bold to stay the proclamation until their Lordships shall have further considered thereof, and given directions after the perusing of these; and in the meantime he has required the receiver to forbear the receipt of His Majesty rents, unless the tenants and farmers will pay the Irish in harps, and sterling in English. The King hath been greatly prejudiced by inserting the word sterling in the proclamation, which was not in the letters upon which the same was grounded. This stay of the proclamation can be no stay to the King or subject, as there will be few payments tendered until Allhallowtide, before which the same may be published according to further directions.

Will carefully observe all other points contained in the letters and instructions, and will apply himself to the settlement of the kingdom, and to increase His Majesty's profits, leaving his private to be cared for when he shall have more leisure to attend it. Humbly urges the sending over of the judges specified in His Majesty's instructions; and, the late Chief Baron having died at Chester on his passage thither, begs of Salisbury to think of a fit man for that place, which is principally to be cared for, it having been much out of square and weakly supplied since Sir Edmond Pelham's sickness, who was a very learned and worthy judge. The treasure is not yet come, and for want of it they have been driven to make hard shifts, and in order to repay borrow, out of it, whereby it will be gone almost as soon as it comes. Has recommended some few remembrances to Lord Clanricard to be imparted to his Lordship. Is in readiness to take his journey towards Monahan, &c.—Muncktowne near Dublin, 18 July 1606.

Pp. 6. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the Earl of Salisbury."

795. Copy of the above. [July 18.] S.P., Ireland, vol. 219, 88.

Pp. 4.

796. State of the Money in Ireland. [July 18.] S.P., Ireland, vol. 219, 89.

Books to be considered, as well in the reducing of the money in Ireland, as in payment of His Majesty's army there, and how far it may either hinder or profit him.

Pp. 3. Endd.: "Notes touching the state of the money in Ireland."

797. Justice Ley and others to the Lord Deputy. [July 18.] S.P., Ireland, vol. 219, 90.

Upon receipt of his warrant, repaired to the house of Blackfryars beyond the bridge, within the city of Dublin, Have viewed the house, and made choice of a fit place for the building and erecting of a court hall for His Majesty's high Court of Justice. Think it should be placed upon the south side of that house, and constructed upon a plan and according to dimensions which accompany the report. Have also taken a survey of the east and north-west romthes [rooms] of the said house of Blackfryars, which they find of sufficient receit (sic) for the two Houses of Parliament to be holden in; but as they have hitherto been converted to other uses for His Majesty's service, they cannot be made fit for these purposes without many alterations and new buildings. The estimate for which amounts in all to 1,700l.

If His Majesty doth purpose to have these buildings made to answer his service next year, the stone both for buildings and the lime must be digged before Michaelmas, for after that month the quarries will be overflown with water till April following. Some portion of the timber may now be had at Oinscorthy [Enniscorthy] and Wexford, which were fit to be bought and transported hither, the season now fitly serving, lest that shipping (which is scarce in this place) be not readily had hereafter; and so the roffs [roofs] might be begun before winter. The other part of the timber that will be wanting is presently to be felled.

Notwithstanding, if it shall please His Majesty to vouchsafe the sum of 1,600l. harps, according to a former estimate, they hope by care and husbandry to see the building finished for the same without any further charge to His Highness.— Dublin, 18 July 1606.

Signed: Ja. Ley, Anth. St. Leger, Jeff. Fenton.

Pp. 2. Endd.: "Certificate for the building of the Courts of Justice in Ireland."

798. A Memorial to the Earl of Clanrickard. [July 18.] Philad. P., vol. 3, p. 115.

Apostilles.
It is no new thing the Pale should be backward in answering the composition, and the State should make them feel the smart of their own disobedience, whom a little correction will easily make sensible how easily they may be reduced to order of all other subjects of the kingdom. To give the Lords to understand the universal backwardness of the subjects of the Pale in answering the composition, that they are obliged to place soldiers upon the country till they bring it in, and are often driven to countenance them with force, and for this purpose require a competent force of horse and foot about the State.
There is choice made of a Chief Baron, as by our next letters you shall be informed. To move that good choice be made of a Chief Baron, which will bring good profit to His Majesty and comfort to the subject. I have formerly recommended to my Lords the choice of one Mr. Winche and Mr. Finche, both of Lincoln's and Gray's Inns, and are both held fit for the place, being judicial lawyers and upright gentlemen, as I am by our best judges informed, for to me they are strangers.
We think it necessary that Kilmainham be repaired, but considering the small means as yet to satisfy other great necessities, we think this may be forborne for a while, considering how long it is since any Deputy lay there; and yet some small charge to keep it dry from greater ruin were not ill. The Castle of Dublin being a noisome place to live long in, I have been a suitor that some charge might be bestowed upon Kilmainham, without which it will all fall to the ground, it being for the most part already uncovered. I would gladly receive answer therein, that I might use means to keep part of it from ruin, though the rest went to the ground. The whole will be repaired and a house made fit, for 1,000l. English money, which is a small matter, considering the want there is of it, and more will be hereafter.
There is not any place in Ireland which we do better wish to be cherished and countenanced than the fort of the Derry, having good cause to remember how-dear (though unfortunate) a plantation it was to the State; and, therefore, whatsoever means may be used from hence to support it, His Majesty will be ready to hearken unto it. And for Sir Henry Docwra's return, we find no great likelihood; so that you shall do well from time to time to direct the gentleman that hath compounded with him for his place, to be careful of the same. That the city of Derry be cherished and countenanced in her infancy. The erection of it hath cost much money and lost many men, and it is already greatly declining, albeit I support it the best I may. Some worthy and well-chosen man must be assigned, with entertainment, to lie there, if Sir Henry Docwra return not.
For Sligo, Burrishoole, and Bundrowes, they agree; but considering the charge the King is at about Ballishannon, postpone the rest. The Lords have well provided for Ulster by allowing wards in convenient places. The like care should be had of Connaught, especially for Sligo, Borrishoole, and Bundrowes, and that some order be taken for finishing the fort of Galway. The wards of the abbey of Boyle will serve both for itself and Bundrowes, with some allowance for a constable. The like care would be taken for the citadels of Waterford and Cork, and for the Castle of Limerick. If these things be not thought upon in peace, it will be hard to effect them in troubles.
They may make use of the abbey of Boyle to supply Bundrowes, not increasing the King's charge. For the other two, if anything is to be done, it should be out of the concordatum fund. When last in Ulster they reserved the Liffer as a fit place for a walled town with three quarters of land adjacent, and recommended it to the Lords, but never received any answer.
They approve of reserving it from the Earl of Tyrconnell and Sir Neal O'Donnell, and they may so inform them that they may desist from claiming it. That they may have the Lords' resolution concerning the alteration of the coin, that he (the Deputy) might proclaim it; and to signify the impossibility of the horse to live by 12d. and the foot by 8d. the day of this money.
Will send their order as soon as possible. And for the horse they refer them to their letter. Concordat cum originali.
John Corbett.

Pp. 2½. Copy. Endd.: "The instructions to the Earl of Clanricard, with the apostilles."

799. Sir Arthur Chichester to the Earl of Salisbury. [July 19.] S.P., Ireland, vol. 219, 91.

From his letters of the 4th of this instant, it will appear that he omitted no time in reducing the forces and charge according to His Majesty's establishment. He will now follow such further directions as he has received by this passage. Has suspended the proclamation touching the coin, for the reasons delivered in his letters, the copy of which is enclosed; and if his Lordship like not what he has written, prays him to stay the delivery of them, and to give him directions to proceed therein as he may think fit, which shall be forthwith accomplished upon his return from this journey. In staying this proclamation he has no end in view but His Majesty's profit; for he finds most of the patentees and feed men willing it should be published, expecting present amendment of their pays, in that the money will be brought to the value it was before the harp shilling was proclaimed 12d. sterling.

His Lordship has armed them with advice how to answer their proceedings by way of mandates under the great seal. As some of the judges are already in circuit, and the rest going this day, they beg to be dispensed with for reforming the reasons upon which that advice and course was grounded until towards the term, when it shall be transmitted under their hands, for they say they will approve that course to be lawful and not altogether unusual. As to their proceedings in the Castle Chamber, he himself being present, their sentence was grounded upon their contempt not only of His Majesty's proclamation requiring that outward obedience of resorting to the church, but likewise of the mandates requiring their attendance on him thither on the Sabbath-day; and when, after some restraint in the Castle, they put up petition to be released, in respect their imprisonment, as they alleged, was merely for matter of conscience, he endorsed with his own hand that it was for their contempt and disobedience, no ways melding [meddling] with their consciences, and that they should acknowledge their offences and submit themselves touching their fines, or remain where they were until they better understood the cause of their commitment.

After this they received some encouragement from the illaffected to persevere in their obstinacy; but, finding that it prevailed not, and that they were dealt not with in matters of faith other than by persuasion, they soon after acknowledged their offence and submitted themselves unto us for their fines one after another under their hands; whereupon he has reduced the fines to half, a third part, and some less, according to the abilities and qualities of the person, for which and for their appearance, when they are called for, good recognizances are taken, and so they are for the most part released. But some strict course must be held with them, otherwise they will grow backward and contemptuous, being the most froward people of the world. Conceives the reviving of the High Commission is motioned to some great men there. Has suppressed it ever since his time, and prays to be directed whether he shall set it afoot, but fears it will be abused as in former times. Prays that a good Chief Baron may be sent, for that place needs it, being now weakly furnished with assistance ; and begs that both he and the judges here may be expedited before the next term. This will be a great countenance to the place and a comfort to the people, who begin to affect the law, and are so contentious, that, if they had plenty of money the lawyers would be wealthy, for all they can scratch comes unto them, insomuch as he cannot get the King's rent, nor hardly any other, to send unto you. Such as he has shall be transmitted a short time after these. The treasure is so long at the seaside that it will be all expended before it comes over. Never saw so general a want of money, and thinks it shall be no otherwise unless the King erect a mint in this kingdom; for these harps are no sooner come over than they are paid unto Londoners, and transported thither.

Is ready to begin his journey, and has deferred these to the last in hope of some return of business from the Council at Dublin.—Muncktown, near Dublin, 19 July 1606.

Pp. 3. Hol. Add. Endd.: "Sir Arthur Chichester to the Earl of Salisbury."

800. The King to Sir Arthur Chichester and the rest of the council. [July 19.] Philad. P., vol. 1, p. 159.

Approves of their suggestion of forming a garrison at Coleraine, to be taken out of other bands. In order to provide entertainment for a leader of Lord Cromwell's 30 foot, so many are to be abated of the 30 as may make an allowance for a leader; which cannot be above two or three men; a number of small importance for the army to miss, and thus any new charge would be avoided. As for Sir Ellis Jones, provost marshal of Munster, who had been discharged of his company, and yet had had no reward as other discharged captains had, he was to receive a pension of 4s. by the day for life, current money of Ireland.—Greenwich, 19 July, in the fourth year of the reign.

P. 1. Orig. Add. Endd. in Sir A. Chichester's hand: "From the Kinges Maiestie tuching Colerayn ; an officer for the L. Cromwell's companie ; and a pention of 4s. by the daye bestowed upon Sir Ellis Jones."

801. The King to Sir Arthur Chichester. [July 20.] Philad. P., vol. 1, p. 157.

Sends him the petition of the Earl of Ormond, entrusted by the Earl to his nephew, Viscount Butler. The two first points of the petition the King is disposed to grant, that is to say, a pardon of all alienations and intrusions in the late Queen's time ; and the second, for a special livery to be granted to the said Viscount (after the decease of the Earl) of all the Earl's lands lying dispersed in many counties of that realm. But he wishes to be informed what it was like to amount to, according to the ordinary course in like cases. And this being done, the business might be completed as soon as he (the Deputy) received the King's pleasure through the Earl of Salisbury. For the third point, because it was a matter in suit, he was to call the parties before him, and if the Earl's claim may stand without breach of justice (which the King would not infringe) he is to be used with all favour. Finding the Viscount Butler well disposed to his service, he (Sir Arthur Chichester) in acknowledgment of the King's good acceptance thereof, is to favour him in all his affairs there.— Greenwich, 20 July 1606, in the fourth year of the reign.

P. ½. Orig. Add. Inrol. Endd.: "From the Kinge's Maty, signifying his pleasure upon a petition exhibited to him in the behalf of the E. of Ormond, and His Maties good opinion of the L. Visct. Butler."

802. The King to Sir Arthur Chichester. [July 20.] Philad. P., vol. 1, p. 161.

Warrant for a lease of 31 years in reversion, to be made to Robert Roth of Kilkenny of the rectories of Modeshil and Kilrenynan alias Kilvenyna, in the counties of Kilkenny and Tipperary, to commence at the expiration of the years yet to come in a lease of the premises from the late Queen to said Robert Roth, dated in the 44th year of her reign, at his present rent of 13s. 4d.—Greenwich, 20 July 1606, in the fourth year of the reign.

Pp. 1½. Orig. Add. Inrol. Endd. in Sir Arthur Chichester's hand: "From the Kinge's Maiestie to passe unto Robert Roth the rectories or parsonages of Modeshyll & Kilrenynan, al̃s Kilvenyna, for thirtie and one yeares in reversion."

803. Jeff. Fenton to the Earl of Salisbury. [July 22.] S.P., Ireland, vol. 219, 91.

Yesterday the Lord Deputy departed towards Ulster, partly to reduce Monaghan to a certainty of annual rent to His Majesty, and partly to establish freeholders in the countries of Fermanaugh, and the Breyvie [Brenny], and withal to purge those three shires of many base Irish customs, being impediments to the general reformation intended of Ulster. His Lordship hath left him (Fenton) alone to remain at Dublin, to answer the subjects in their complaints and grievances during his absence, and also to receive all packets to come from the Court, and dispose of them according to instructions which he hath left. Signifies this to Salisbury, in order that he may give order for endorsing and directing to Fenton all such letters and packets as shall come from thence during the time of his charge.

The death of the late Chief Baron necessitates the appointment of some fit person to be his successor, with all convenient speed, at least so to arrive about Michaelmas, the better to answer the Crown, to give expedition to the causes depending in the court, which abound more in that court, consisting upon questions of the King's revenues, and to handle the titles of his wards, concealments, and Crown lands, besides all other receipts divided into sundry heads. The charge will be so much the greater to him that shall manage the place. In Fenton's opinion the person selected ought to be a deep lawyer, rather able to control others than apt to be carried by others in matters of law, and a man of uprightness, the more sincerely to distribute justice, which hath much failed in that court in former times. He is now likely to have but weak assistance of the Barons, they both being men rather of hope than of good sufficiency in the laws. And, therefore, as the weight of the business will fall wholly upon the Chief Baron, so it will do much to enable him to sway so great a burden, if fit and apt choice be made of him to temper his knowledge in the law according to the rules of conscience and equity.

The last three commissions, so long looked for from thence, arrived here some three weeks past; and for that which concerneth defective titles a proclamation has been drawn up by the Lord Deputy and Council, and left with him to be pri[nted] and published, which he has now in hand ; whereby they shall find it in His Majesty's care to have every one settled in his estate, and all breaches and imperfections made whole; and of which he sends a copy herewith, being but taken from the press within less than an hour.

The treasure is upon the coast, but cannot as yet recover the harbour by reason of the contrary weather.—Dublin, 22 July 1606.

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

804. The King to the Lord Deputy. [July 22.] Add. Papers, Ireland. 4.

Warrant to grant licence to the mayor and corporation of Waterford to transport sheepskins to Bristol or other convenient port of England, on the same conditions with the similar licence granted to Dublin by the late Queen.

P. ½. Copy. Endd.: "Licence for the town of Waterford. To the L. Dep. of Irld."

805. The King to Sir Arthur Chichester and the Chancellor. [July 23.] Philad. P., vol. 1, p. 163.

Granting liberty to Sir Henry Dockwra to surrender his charge of the Derry with his company to George Pawlett, Esq., bearer of the letter, a gentleman of good sufficiency and of service in the wars, and directing, upon surrender of his letters patent by Sir Henry Dockwra, new letters to be made out to said George Pawlett in his own name as Governor of the Derry, under like conditions as the surrendered patent. Or if the said Dockwra had no such patent, then to enter the same into the King's pay in the name of the said Pawlett, both the place of Governor of the Derry and the company of foot ; the pay to begin from 1st April last.

Said George Pawlett to have liberty to surrender some lands about the Derry purchased from the said Sir Henry Dockwra, and to take them back under a patent from the King.—Greenwich, 23 July, in the fourth year of the reign.

P. 1. Orig. Add. Inrol. Endd. in Sir Arthur Chichester's hand: "From the Kinges Mtie in the behalfe of Mr George Pawlett to be Governor of the Dyerry, and to have the Foot Company of Sir Henrie Dockwra."

806. [Sir Francis Shaen] (fn. 3) to the Earl of Salisbury. [July 24.] S.P., Ireland, vol. 219, 93–4.

The King by his letters of the 25th January last, at the suit of Rosse and Bryan O'Ferrall, commanded and authorized the Lord Deputy of this kingdom to cause the Lady and Lord of Delvine to surrender letters patents which they had sinisterly procured upon the O'Ferralls' lands in the county of Longford. This his Lordship hath not done as yet; nevertheless there be many other sufficient reasons to cause that patent to be recalled.

1. First, the said Lady and Lord of Delvine have, in their said grant, altered His Majesty's tenure, by which the land passed by them was held as of His Majesty's manor of Granarde, into a soccage tenure, contrary to His Highness's letters.

2. They have also clearly taken away 200 marks, reserved by composition and due upon that moiety of the country which they have passed in their grant, though the same was reserved in the office, and particulars returned for their behoof.

3. Also they have, by the same patent, extinguished 60 cows issuing yearly out of the same their moiety to His Majesty, in the right of the manor of Granard, whereof he, Francis Shaen, is His Majesty's farmer, though Granard beeves were reserved in the office and particular.

4. Further, they have deprived His Majesty of the service of 6 horsemen and 15 footmen, yearly due to him at his call out of that moiety.

5. The said Lady and Lord have in their grant tied His Majesty with a clause of exoneration from all other things but the rent reserved in this patent.

6. The King's Highness is bound by this patent, though not warranted by the letter, to grant unto the said Lady and Lord of Delvine so much land elsewhere as shall be recovered from them of this grant.

7. Also they have, in a sort, by this patent defeated His Majesty and his tenants of all the tithes that shall be growing upon any of the lands passed in their patent.

Has laid down these few frauds by which His Majesty is so prejudiced in his revenues and services, as a reason this patent ought to be cancelled; but leaves the censuring thereof to his Lordship, in whose hands it lieth to redress what is wrong therein and to right the poor nation of the O'Ferralls, and himself, as being interested in part of this land which the Lady and Lord of Delvine doth seek to carry, besides 750 cows of arrear, which is due upon that half of that country which they have passed in their grant; for which number of rent cows upon that portion he has paid into His Majesty's Exchequer the sum of 244l., and yet the Lord of Delvine plainly declares he will never pay [a] penny thereof, if he have the land. Thank God, his Lordship is not to be judge in this cause. The Lady and Lord of Delvine's adverse parties in the suit have been suitors of long to the Lord Deputy for copies of the O'Ferralls' attainder, which they pray may be delivered to them by Sir James Ley, Lord Chief Justice of His Majesty's Bench. Prays of Salisbury that His Majesty's late letter in the behalf of the O'Ferralls may be carried into effect in favour of that nation and of the inhabitants of the county of Longford, whereof he (the writer) is a member. Rosse O'Ferrall hath but very small means to prosecute a tedious suit, and that little he had with him was had of the writer, his kinsmen being unable from poverty to afford him one 20s. Therefore beseeches Salisbury to consider his hard estate.—24 July 1606.

Pp. 2. Signed, but signature erased. Add. Endd.: "Sir Francis Shaen to the Earl of Salisbury."

807. The King to Sir Arthur Chichester. [July 26.] Philad. P., vol, 1, p. 165.

Licence to be granted by patent to the Mayor and Incorporation of Waterford to transport sheepskins to Bristol and other convenient parts of England, similar to the licence granted by the late Queen to the Mayor and Incorporation of the city of Dublin to transport sheepskins to Chester.— 26 July, in the fourth year of the reign.

P. ½. Orig. Add. Inrol. Endd. by Chichester's clerk: "In the behalfe of ye Corporaco͠n of Waterford for transportation of sheepskins." "Entd in ye Councell Booke.—Pa. Fox."

808. Anth. Sentleger to the Earl of salisbury. July 27. S.P., Ireland, vol. 219, 95.

Makes bold to send a mewed Irish gosshawk, which flew well the last year, and he hopes will do better this year. This poor kingdom is at this present in great peace and quietness in all parts thereof; but whether the same arise from the people's dutiful affection and obedience to His Majesty or from their great poverty and want of means to do the contrary, as the best is to be hoped, so their general recusancy and blind obstinacy and superstition, and especially their zealous readiness to obey the commandments of their factious priests, may breed just cause of doubt. The two chief cankers of this realm, that so often falleth to disloyalty and putteth England to so great yearly charges, are;—the one the want of the knowledge of God's truth therein, the other, the exceeding idleness of all the inhabitants thereof; and there is no hope to draw them from either of these, but by very strict and severe laws and courses. If the waste and unpeopled places of this land were inhabited by honest and well-affected persons out of England, and not pestered, as it is, with Popish recusants, that fly from thence and do much harm here, it would, no doubt, together with some strict commandments from His Majesty, do much good; but these things he leaves to Salisbury's wisdom.—Dublin, 27 July 1606.

P. 1. Hol. Sealed. Add. Endd.: "Sir Anth. Sentleger to the E. of Salisbury."

809. Sir Arthur Chichester to the Lords of the Privy Council. [July 29.] S.P., Ireland, vol. 219, 96.

In His Majesty's letters of the 25th of June last, in that point which concerns money, it is thus written : "As for money, according to our former advertisement to you, we have now allotted for the service of that kingdom 12,000l., whereof 4,000l. are paid here in moneys of England, and not in harps, to discharge your credit for moneys borrowed there, and 8,000l. shall come to you in specie, to serve for growing charges and for some other of those sums of money which you have lately taken up if you think fit so to dispose of it."

His Majesty's pleasure being signified to him, he was hopeful of the payment of the rest of the 10,500l. there, and so confident in the coming over of that 8,000l. for growing charges for the first of this month, that he engaged his own and his friends' credits for means to hold the companies together, and to furnish them in this journey; leaving directions with Mr. Secretary Fenton to repay what he had borrowed upon the arrival of the treasure, and to imprest a month's pay unto the other servitors and companies, to serve them till his (the Lord Deputy's) return. Now his poor credit is broken, that money being otherwise disposed, as will appear by the docquet signified by the sub-treasurer. Perceives by His Majesty's and Salisbury's letters that part of this money hath been issued without his (Salisbury's) privity and directions, which makes their case much harder; for albeit they have not a groat of this treasure for their supply from the 1st of this month, yet he (Salisbury), thinking them furnished according to his appointment, may chance in that point to have the less care of them; whereby they shall be driven to very hard shifts, and he himself will be disabled to discharge the bonds he has given. But, seeing it was done for His Majesty's service and in expectance of repayment out of the 8,000l. promised and otherwise converted, he prays Salisbury that Sir Thomas Ridgeway may be imprested with treasure, as well for discharge thereof and for what shall grow in arrear in his time before his coming thence, as for the growing charges. Knows that his Lordship's care of this kingdom is great, and that he has ever worthily supplied the wants thereof; but sundry of his purposes have of late endured alteration by the ill handling of under ministers in money matters ; of which he (Chichester) has been sparing to advertise in expectance of amendment; but he is now enforced, for want of better information, to submit the sub-treasurer's docquet in discharge of what might be otherwise charged upon himself. Their wants are so general, and the supplying of the forces so necessary, that he is driven to spend much time besides the hazard of his poor estate, in achieving means to furnish them, leaving the meditation on matters more profitable and advantageous for His Majesty's service. In order that his Lordship may understand what relief they are to expect from the Pale without main force in these times of necessity, he will only state, that, having occasion some seven days before his coming from Dublin to send some soldiers into the county of Meath, as well to bring in the composition which is as yet unpaid for Easter last, as to be somewhat on the way before them, and being lodged in small parties by the officers of that country in the baronies where the composition was due, the country set upon a party of 15, of which they hurt six and killed two, one of whom they had in hand, and after some pause they stripped and murdered him. He (the Lord Deputy) came away soon after and had no leisure to examine the matter, but surely they are strangely bent to give opposition to whatever is required of them, how just soever. For this he can give no reason but their brutish obstinacy, and this may confirm his former motions for drawing greater quantities of horse about the State, which together with their want of money, he recommends to Salisbury's consideration, not meaning to trouble him with other advertisements until their return from this journey, when he shall fully understand their labours and observations.—Camp at Monaghan, 29 July 1606.

Pp. 3. Hol. Sealed. Add. Endd.: "Lord Deputy to the Lords."

810. Instructions for the Jury in Monaghan. [July 29.] Carte Papers, vol. 61, p. 219.

The chief points whereof the jury are to inquire in the county of Monaghan.—29 July 1606.

What manors, &c., have been at any time heretofore granted by His Majesty or any of his progenitors, to what persons, and for what estates ?

What conditions have been broken ?

What manors, &c., escheated ?

What wards, marriages, escheats, &c., have accrued to His Majesty within the county of Monaghan.

Pp. 2. Not add.

811. Sir Arthur Chichester to the Earl of Salisbury. [July 30.] S.P., Ireland, vol. 219, 97.

Sends herewith a docquet specifying the disbursement of the 12,000l. lately assigned for the service of this kingdom, in which he conceives great abuse has been committed by some ministers in that office, which cannot be remedied here. The sub-treasurer casteth it upon Sir George Carey's officers, and all the money except 900l. was issued before he (Chichester) understood that it was arrived, and that was paid out for money borrowed before his coming from Dublin; so that their case is lamentable, being in miserable want and greatly indebted. His Lordship knows how hard it is to give the poor servitors contentment without money, and how impossible to feed the soldiers with words. Has hitherto made sundry shifts to serve the present, but, his credit being broken, he will be able to go no further to relieve the necessity of the time. Recommends this to Salisbury, assuring him that, as long as Sir George Carey's ministers have the fingering of the treasure, they will be ever subject to like dealing, for they have so many bills and tickets in their custody, and so many friends to pleasure, that if 20,000l. were presently imprested he (the Deputy) should see the least part thereof. Of the 10,500l. borrowed to serve the last of June, there is yet unpaid 3,455l.; and more is taken up to serve them in this journey, and for a month's pay to some other of the force 3,704l., as by the note under the sub-treasurer's hand hath appeared. Hopes that, as this last is within the time of Sir Thomas Ridgwaye, he will bring money for it and the growing charge. Begs to be informed whether the remainder of the 10,500l. will be paid there or here; and suggests that such as disbursed this last treasure should be required to pay unto the parties unto whom the service stands indebted so much thereof as they disbursed without good warrant; the particulars whereof Salisbury understands by the conductor that brought it over, with whom Chichester has not spoken.— Camp at Monaghan, 30 July 1606.

Pp. 2. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the E. of Salisbury." Encloses,

812. Note of the disbursement of the 12,000l. lately assigned for the service of Ireland. [July.] S.P., Ireland, vol. 219, 97 I.

Pp. 3. Endd.

813. Duplicate of the above. S.P., Ireland, vol. 219, 97 II.

Pp. 3. Endd.

814. A docquet of borrowed money for the army since the 1st of July 1606, viz.:— [July.] S.P., Ireland, vol. 219, 97 III.

£. s. d.
Sir Edward Brabsonn 444 8 0
Henry Cutt 100 0 0
Richard Barry of Dublin, merchant 300 0 0
Nicholas Weston, alderman 150 0 0
Mr. John Brice, of Dublin, mayor 266 13 4
Mr. Jones 533 6 8
Mr. James Hamelton - 400 0 0
Hugh Benson, factor for Mr. Cutts of London 700 0 0
Sir William Usher 200 0 0
Thomas Dromgold of Dublin, haber-dasher 250 0 0
John Francton, printer 40 0 0
Giles Brookes of Liverpool 53 6 8
The Earl of Tiron 266 14 4
In all 3,704 8 0

P 1. Endd.: "A docquet of borrowed money for the army in Ireland since the 1st of July 1606."

815. Lords of the Council to Sir Arthur Chichester. [July 31.] Philad. P., vol. 3, p. 84.

They had received the petition of one Oliver Eustace of the county of Kildare, containing an acknowledgment of his offence and his suit to His Majesty for pardon. The offence (as he pretended) was for some communication that he had had with an Irish papistical priest there, and some help and direction given by him to the said priest in some matters wherein the priest busied himself in that realm appertaining to the civil and canon laws, and in some matrimonial cause; which he says he thought to have been no offence against the laws of that realm, but now by His Majesty's proclamation findeth himself to have offended; adding moreover, that he will never commit the like again. If that be his only offence, His Majesty is disposed, in consideration of his acknowledgment of his offence and promise of obedience, to pardon him, and he (the Lord Deputy) is to take order for his pardon, if he sees no cause to the contrary.—Greenwich, 31 July 1606.

Signed: R. Cant., J. T. Dorset, Notingham, Suffolke, Gilb. Shrewsbury, J. E. Worcester, Salisbury, W. Knollys, E. Wotton, J. Stanhope, J. Herbert.

P. 1. Orig. Add. Endd.: "From the LL. of the Counsell in England, for the granting of a pardon to Oliver Eustace." Encloses,

816. Petition of Oliver Eustace. Ibid. p. 86.

To the Right Honourable the Lords and others of His Majesty's most honourable Privy Council.

The humble petition of Oliver Eustace, of the county of Kildare in Ireland, gentleman: Humbly showing that whereas the petitioner hath these thirty years been a practiser and professor of the canon and civil laws in Ireland, and delivered his opinion in cases of the same laws as others of his profession have done, and hath, before His Majesty's proclamation published in Ireland in the third year of His Majesty's reign of England, touching the banishment of priests and Jesuits out of Ireland, delivered his opinion in matters concerning the civil and canon laws, and also wrote a protocol or draught of a sentence in a matrimonial cause, and ignorantly did give other such like direction to an Irish priest, which he conceived to be no offence then in Ireland, although His Majesty's said proclamation doth intimate that such things and other matters of that nature may be more offensive than the petitioner thought;—

He humbly beseecheth your Lordships to further that His Majesty may be graciously pleased to pardon his offence touching this proceeding in the said law causes, and he will never in that kind offend any more. And he shall daily pray, &c.

P. 1. Copy.

Footnotes

  • 1. Waifs ?
  • 2. Perhaps of July 3, supra, p. 509.
  • 3. The signature of the letter is purposely defaced, but it seems highly probable that the writer was Sir Francis Shaen, as is suggested by the endorsement. See supra, p. 313.