Calendar of State Papers, Ireland, 1603-1606 . Originally published by Longman and Co, London, 1872.
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James I: September 1606
837. Sir A. Chichester to the Attorney and SolicitorGeneral. [Sept. 1.] Carte Papers, vol. 61, p. 214.
Warrant for fiant of a grant of a pension of 10s. per day, harps, to Sir Richard Morrison, from 1 April last, for life, pursuant to His Majesty's letters, dated at Greenwich 7 June, in the fourth year of the reign.—Munster, 1 September 1606.
P. 1. Orig.
838. Lords of the Council to Lord Deputy and Council. [Sept. 2.] Philad. P., vol. 3, p. 105.
Had received sundry of their dispatches in July and August, and proposed in this their letter to give their resolutions, as well on those dispatches as on the topics which they had committed to the Earl of Clanricard, who had in long speech communicated their (the Deputy and Council's) views to them. By their letters of 9th July they give reasons why the standard of Ireland should be reduced to the standard of England, and for the stay of the proclamation for coin, the rather in respect of the word "sterling," inserted in the proclamation; adding further that 8d. by the day, Irish, is too small pay for the soldier to live on. With regard to the proclamation, they would give no determinate answer at that moment, yet they saw no cause for the union of the standards more at that time than had been thought convenient for so many ages before. And for the pay, it was such as the State could bear after the great consumption in the wars; and furthermore it was as high as it was before the great Desmond rebellion in Munster. As to the answer made by the Earl of Clanricard, that the soldier might live better in those times on that pay, because he was also allowed cess upon the country, they reply, that when cess was used before the composition, cess and pay were not enjoyed together, but a defalcation was made from their pay for so much as the victualling was rated at. Some of that table should examine the public accounts of that time and report to them (the Lords) how the facts stood, particularly the accounts in the time of Sir Edward Phytton. Concerning the contents of their letter of 29th July, and some others, complaining of lack of treasure and the distribution of several sums before it reached Ireland, the latter was in part the fault of the Treasurer's ministers, and they had been reprimanded. And as to the statement that 12,000l. was a sum not adequate to the condition wherein the State stood, and that the growing charge disabled him (the Deputy) to apply any part to the debt due for moneys taken up upon his credit, they recommended him to pay and to borrow again immediately. They are content to wait for the return of the judges from circuit to give their opinions concerning the proceedings of the State in sending forth mandates, because all such proceedings in matter of religion want not captious eyes in that kingdom.
They would at present only answer that part of their letter of 19th July, touching the Court of High Commission, that if any motion shall be made here touching the reviving of that Court, His Majesty did not think the time seasonable, and they should forbear to give way to any motion for it. They hope that justice had been done upon such as resisted those that were sent to collect the composition in Meath. But for their motion for drawing a greater number of horse about the State, if that meant an increase of new troops, the King tasted it not; but if they might ease the charge in some of his foot or unnecessary wards, they will, upon certificate from the Deputy and Council, obtain His Majesty's warrant for converting that charge into so many horse as it would bear. The delay in appointing a Chief Baron had been out of a care to offer His Majesty a good choice, which was then in effect made, as they should understand by their next letter.
Having thus answered all their letters, they referred them for answer to the Earl of Clanricard's instructions, to such apostils as they had made unto them.—Whitehall, 2 September 1606.
Signed: R. Cant., T. Ellesmere, Canc., J. T. Dorset, Notingham, Suffolk, J. E. Worcester, H. Northampton, Salisbury, J. Stanhope.
Pp. 3. Orig. Add. Endd. by Sir Arthur Chichester: "From the L L.s of the Counsell, consisting of sundrie poynts, wth an aunswer to certayne remembrances of myne sent by the Earle of Clanricarde."
839. Lords of the Council to Sir Arthur Chichester. [Sept. 2.] Philad. P., vol. 3, p. 105
Enclose a letter of the Earl of Tyrone to the King. He is directed to make known to the Earl the King's respect for him. The Lords have observed that those great lords that have been in the times of usurpation their own carvers, as well over the possessions of their own tenants as over those of others, were apt in time of peace to except against those limitations contained in their grants from the Crown for the use of their tenants or any well-deserving servitor; the Earl of Tyrconnell, for instance, on one side shooting at the Liffer, and the Earl of Tyrone on the other pretending that the abbey lands, and such like, within his country from part of his own proper possessions;—as if such encroachments made in times of trouble could extinguish His Majesty's interest. Nevertheless, circumspection should be used in taking the surveys (whenever there was cause) that they should be taken in places and times indifferent between King and subject.
The Deputy, however, shall carefully protect the Earl from any unnecessary molestation upon any ordinary process of troublesome persons, as it was both a matter of expense and disgrace and His Majesty would have him freed from both as long as he remained obedient to the State. The King would have him relieved whenever it can be done without injustice to others, by summary course, that he might find the effect of His Majesty's favour; but if any of his grievances should grow by means of any of the plantations made for His Majesty, and if he should endeavour to cut off the reasonable reservations made for the use of those garrisons, the Deputy is then to proceed without regard of persons. As captains and commanders were apt to offer injuries to the neighbouring Lords and inhabitants, he (the Lord Deputy) was to seek to control them. As for the Presidentship of Ulster, he was to assure the Earl the King had no thoughts of establishing such a government:—Whitehall, 2 September 1606.
Pp. 2. Orig. Add. Endd. by Sir Arthur Chichester: "From the LL.s of the Counsell, concerning my L. of Tyrone, together with a copie of his letter to the Kynge." Encloses,
840. Earl of Tyrone to the King. [June 17.] Philad. P., vol. 3, ibid.
In December last complained by his letters of the courses taken against him, before the now Lord Deputy's time, by persons prying so closely into the King's patent to him, that unless the King would more clearly explain his intentions in the patent, those courses would be the overthrow of his estate, by reason of various offices found and returned, without the privity of the then Lord Deputy, by juries impanelled without his (the Earl of Tyrone's) knowledge. He now renews his suit. The chief ground of such as seek to take his living from him was upon the colour of terming divers parcels of his inheritance to be monasteries, friaries, and abbey lands, and the Bishops of Derry and Clogher, where their predecessors had only chief rents, would now have the lands themselves. Prays that the King will stop any such new courses, and that these Bishops shall be contented with what their predecessors formerly enjoyed. Since the Lord Lieutenant was dead (whom he had ever found his very good Lord) he was obliged to be the more tedious to His Highness.
Has heard that since his death Sir Henry Docwra and others in England are earnest suitors to His Majesty to be Lord President of Ulster, but he besought him not to grant any such government. And for his own part, rather than be governed by any other than His Majesty and his Deputy General of that realm, he would choose to dwell in England in His Highness's presence.
Would have presented these his griefs in person if his ability had permitted, and would live and die in His Majesty's service.—Dungannon, 17 June 1606.
P. 1½. Copy. Not add. Endd. by Sir Arthur Chichester: "Copie of ye E. of Tyrone's łre to ye K."
841. The Abbey of Kellys [Kells in Kilkenny]. [Sept. 3.] S.P., Ireland, vol. 219, 103.
King James, by his indenture of lease bearing date the 3rd of September, in the fourth year of his reign of England, granted unto Theobald Lord Viscount Butler of Tulleophelim, for term of 61 years, the rectory, church, and chapel of Tullyleshy, alias Tulleliagh, with divers other rectories, churches, chapels, tithes, and parsonages in the several counties of Kilkenny, Tipperary, Limerick, Wexford, and Catherlough, with all their rights, members, and appurtenances, parcel of the possessions belonging to the late dissolved monastery of Kellys in the county of Kilkenny aforesaid; reserving to His Majesty, his heirs and successors, the yearly rent of 112l. 4s., Irish.
P. 1. Endd.: "The monastery of Kellys."
842. Sir A. Chichester to the Attorney and SolicitorGeneral. [Sept. 4.] Carte Papers, vol. 61, p. 211.
Warrant for fiant of a grant for a term of years of the lands and rectories mentioned in his Majesty's letters of 25 January 1605, to Theobald Viscount Butler of Tulleophelim.—Munckton, 4 September 1606.
P. 1. Orig.
843. Sir A. Chichester to the Attorney and Solicitor-General. [Sept. 4.] Carte Papers, vol. 61, p. 191.
Warrant for fiant of grant to Robert Roth of the country of Kilkenny, pursuant to letters dated at Greenwich, 20 July, in the 4th year of the reign, by way of lease for 31 years, of the late Priory of Modeshil and Kilrenyman alias Kilrewyna, in the counties of Kilkenny and Tipperary, parcel of the late monastery of Kellys in the county of Kilkenny; to begin on the surrender of the estate he now hath, yielding the rent he now payeth.—Munckton, 4 September 1606.
P. 1. Orig.
844. A copy of a Letter from my Lord President of Munster. [Sept. 12.] S.P., Ireland, vol. 219, 103 a.
Has been in circuit ever since the 20th of the last month, and shall not be at home till the 24th of this. Has deposed all the mayors and sovereigns of this province, this town of Waterford only excepted (where the mayor was conformable), and Youghall, which he must take on his way homeward, and execute the heaviest judgments on that mayor, because he continueth longest in his wilfulness; so that he may truly say that all the chief magistrates of the whole province have conformed themselves, contrary to the opinion of most that assisted him, and it may be seen that his judgment faileth not in the course propounded in his late letters into England. At Limerick there came to church with the Mayor, Mr. Dominick Roach, and his brother, the lawyer, old Stritch, and Mr. Younge, and before his (the Deputy's) return he expects many more, and the rather because he took there Dr. Cadame, the notablest priest in that province and a continual dweller in that town. By his apprehension (which took place very lately), hopes to discover some things that may concern the State. Many houses have been searched since his taking of the best in Limerick, yet no man offered the least resistance; which is worth note and report, because the like was never seen, not even in the presence of the President. This was done by Mr. Chancellor of Limerick and Mr. Tokefeelde alone in his (the Lord President's) absence, without the help or countenance of the soldiers. The like was done at Carrick, where he missed two of the worst priests in Ireland. Is now in search of them, so they will hardly escape his hands if they leave not the province. If the Lords think fit to follow his advice, wishes that, as the obstinate were threatened with the loss of their charters, so the obedient might be comforted and encouraged with the promise and assurance of much good to themselves and corporations, which he heartily prays him to urge upon my Lord Salisbury.
Has executed many fat ones for relieving Morrice M'Gibbon and other traitors, and has refused almost 1,000l. to reprieve them, but he says fiat lex. The judges are almost weary of his company, seeing he disappoints their harvest.
If the priests do not binder his course intended, the black sheep will keep the white, or one year be passed.
P. 1. Endd.: "Copy of a letter from my Lord President of Munster of the 12th of September 1606."
845. Set. 12. Philad. P., vol. 3, p. 107. [Sept. 12.] Philad. P., vol. 3, p. 107.
Articles of Agreement touching the transportation and transplantation of the Grames and other inhabitants of Leven, Esk, and Sark, the late borders of England, into the realm of Ireland, concluded and agreed upon between the Reverend Father in God the Lord Bishop of Carlisle, Sir Charles Hales, Knight, Sir Wilfrid Lawson, Knight, and Joseph Pennington, Esq., of the one part, and Sir Ralph Sidley of the other part.
1. It is the resolution of His Majesty and the Lords of His Privy Council that the Grames and others inhabitants of the late borders between Leven, Eske, and Sarke, great offenders to both kingdoms of England and Scotland, or some convenient number of them, with their families, should be removed into Ireland, to be planted in the seignory of Roscommon, belonging to Sir Ralph Sidley, specially made choice of by the King and Council, to conduct them to that place, and there to provide them farms for maintaining them and their families..
2. And the gentlemen and inhabitants of the counties of Cumberland and Westmorland having agreed to contribute a sum of money to provide them stock for the better encouragement of the Grames, by procuring them convenient estates and farms, and for the better distribution of the said moneys, the following articles were agreed upon.
3. Sir Ralph Sidley agreed to demise to the said Grames and such other persons as shall be transported (whose names were contained in a schedule bearing equal date with the articles) 120 quarters of land within the seignory of Roscommon, every quarter containing by estimation 120 acres, or such part as they should accept of, at 6d. every acre, and for 3l. [being the] fine for every quarter, and for the term of three years from Michaelmas then next, with sufficient wood and fuel.
4. Sir Ralph Sidley to forbear the first year's rent till the Grames should take the first crop of corn or grass, they paying their rateable fine for the land they should take for the said three years at their first entry.
5. Sir Ralph Sidley agreed, that if the Grames, on coming into Ireland, should not agree to Sir Ralph's terms, he was contented that the Lord Deputy and Council, or the Lord President and Council of Connaught, should appoint some discreet person to moderate justly the rents and services to be paid by the Grames, and he would abide by his decision.
6. Sir Ralph Sidley agreed to renew the leases from three years to three years, and from time to time to moderate any rent or service imposed on them or their families, if complained of by them as unjust, in such manner as should be thought expedient by the Lord Deputy and Council, or Lord President and Council of Connaught, he (Sir Ralph Sidley) being desirous that by their labour they might be enabled to live plentifully and increase their wealth and good estate.
And touching the disposing of the money of the country bestowed on the Grames and others for and towards their plantation,—
7. The grames having petitioned the Bishop of Carlisle and the other Commissioners that the said money should be paid into the hands of six of their chiefs, the demand was rejected, as it was feared that coming into their hands it would be a means that they never should plant in Ireland, but give them occasion to flee elsewhere at their pleasure ; but the money was to be paid into the hands of Sir Ralph Sidley, to be distributed and disposed of for the benefit of the Grames and other English inhabitants of Roscommon of those parts.
8. In order to induce them to till land which would keep them from idleness and bring them to wealth and fix them to their farms, Sir Ralph Sidley undertook that the money should only be shared by those that used tillage.
9. That the Grames should not cover their sloth by pretence of want of means to till the lands allotted to them, and that their abilities should be made known to Sir Ralph Sidley, their estates were such as were set forth in a schedule bearing equal date with the articles signed by the Lord Bishop of Carlisle and the other Commissioners, and by Sir Ralph Sidley.
10. For the better encouragement of the richer sort of the Grames at their first entry, all those in the schedule of 20l. and above were to be allowed of the money of the country 3l. to pay their fine on their first income for every quarter of land, and such allowance towards building as was there after set down ; so as by colour thereof they take not more land than they shall be able to store of their own goods, and so as they give security to repay the fine advanced at the end of three years.
11. Those with estates of above 20l. and 10l. or above shall have their fines on taking leases for three years paid to Sir Ralph Sidley, out of the money of the country, and shall stock the lands with their own goods, with some help from the country money, as was thereafter set down, and shall keep their land in tillage for six years, on caution of their goods or corn sown.
12. Those with estates under 10l. value to have their fines for leases paid out of the country money, on like security to keep their land in tillage for six years, and in case of need to be aided by the country money at such rates as thereafter set down, to bring their land into tillage ; the proviso being especially made in order to retain the Grames in, Ireland upon their farms without returning into England, for six years, if further order for their perpetual continuance be not taken by His Majesty, which the country hopeth His Majesty will do
13. Labourers and handicraftsmen are to live by their trades with less help of the money of the country, which was to be applied chiefly to help the English inhabitants of Roscommon that shall be employed in reducing the country to tillage ; which order is the more desired for the present for that no Grame's present estate or provision for the winter is diminished by any payment of any rent or duties to the Earl of Cumberland, and it was hoped they might pass over that winter with their own means, and by such help as they should receive from the stock of the country, and in time might live better in Ireland than in England.
14. As the Grames and others to be transplanted into Ireland were charged with many children, Sir Ralph Sidley undertook to employ the fines for leases when paid in at the end of the first three years, in binding the children to artificers to learn trades.
15. No one to be allowed to take any greater parcel of land than he could stock with his own goods, or those of and under-tenant he might take, for whom he was to be answerable in good security.
The reason of this proviso was that, because the Grames would not neglect to use all pretences to get money into their hands and perform nothing, they should not be of necessity servilely tied to.
16. Sir Ralph Sidley engaged to employ the sum of 300l. then paid into his hands according to the meaning of the articles, and to keep the same from wasting by the Grames, and to account for the same.
17. Sir Ralph Sidley being owner and proprietor of the rectory of Roscommon, engaged to maintain amongst the Grames and others about to be transported thither, proper teachers of religion, as then established, to teach them their duties to God, and His Majesty, and his laws.
18. Sir Ralph Sidley engaged to submit to any further provisions that might be found necessary, and that should have been omitted for want of knowledge or consideration by the Bishop of Carlisle and the other Commissioners entrusted by His Majesty in that great and weighty action.— 12 September 1606.
Ra. Sidley. Hen. Carliolen.
Pp. 6. Copy. Not add. or endd.
846. The Names of the Families of the Grames and others delivered to Sir Ralph Sidley, and their Estates. [Sept. 12.] Ibid, p. 111.
Grames whose estates is 20l. and upwards.
These six families allowed, for payment of their fines for three quarters of land, 9l.; towards their building, 6l.; and in stock, to each family, 6l. 13s. 4d.; and to George Langtowne, 3l. 6s. 8d. above the rest.
Sum, 58l. 6s. 8d.
The names of the Grames of no abilities.
To these persons above-named is allowed for their stock as is set down upon their names, and for their fine for one quarter of land, 3l., and for building of their houses, 6l.
Robert Grame, of Easton.
John Grame, of the Mores, servant to Will of Askeshahill.
George Grame, son of Hethrick.
John Grame, son of Hethrick.
To each of these is allowed 40s.
George Hetherington, of the Bussie.
Janet, his wife.
Robert Foster, of Baxwigill.
George Little, wife, five children to come.
John Maginn, saddler.
Fergie Grame, son to Richie, of Balie.
Patrick Batie, his wife and three children.
To these allowed in stock as is set down upon their names, for their houses building, 6l.; for one quarter of land, fine 3l.
Such to whom there is no allowense made.
1. George Urwen.
2. William Grame, alias Flangtail.
3. Watty Murray.
4. Alex. Byers.
5. Andrew Grame, of the Mill.
Sum total of all allowances, 297l. 6s. 8d.
It is the intent and meaning of the Lord Bishop of Carlisle and the rest of the Commissioners, that none shall have any portion of these allowances above set down, but such as shall be takers of land to farm from Sir Ralph Sidley in Roscommon, there to settle themselves and make their abode according to His Majesty's direction. And if any of them shall refuse so to do, or depart, that then such stock and benefit of the money of the country as was meant to him or them shall be retained in Sir Ralph Sidley's hands, to be employed hereafter for the stock of such other as shall be sent out of this country to be placed in the same seignory of Roscommon by Sir Ralph Sidley, according to His Majesty's direction given in that behalf.—12 September 1606.
Signed: Hen. Carliolen, Ch. Hales, Wilfr. Lawson, Joseph Pennington, Rafe Sidley.
Concordat cum originali.
Exp. Tho. Smith.
Pp. 6. Copy. Endd.: "12 September 1606. Articles of agreement between His Majesty's Commissioners for the Middle Shires and Sir Raph Sidley, Knight. Concerning the transplantation of the Grames."
There is the following in the fold, with Sir Arthur Chichester's signature:—
"14 February 1606. We praie you Sr Olyver Lambert, Sr James Fullerton, and Sir Geoffrey Fenton, or any two of you, to consider of this booke, calling before you the Greames and the rest now in this citty, and to understand whether Sir Raphe Sidley hath performed convenants with them, or whether he fayled, and whether also they and the rest have setled themselves upon the lordship of Roscommon, and whether they have a desire to continue there, or to setle themselves in any other place, and of the places to enforme us. Arthur Chichester."
847. Lord Deputy and Council to the Lords. [Sept. 12.] S.P., Ireland, vol. 219, 104.
Their five weeks' travel in the counties of Monaghan, Fermanagh, and the Cavan, being now ended, it may be expected that they should yield some account of their proceedings and of the furtherance which His Majesty's service hath received by their labours. Think it convenient to impart them to their Lordships before making them a public record.
Began with the county of Monaghan, where, about some 16 years now past, there was a good foundation laid, not only of civility and obedience in that people, but also of some profit and yearly revenue to grow to Her late Majesty by the first division of that county, if the same had continued according to the first establishment. They found, however, that, by the fury of these late broils which have overswayed all good order in those parts, such and so strange an alteration has been wrought as though there had never been any good plantation ; the chieftains of that county, by their Irish cuttings and usurpations, having, in a manner, quite blotted out the memory of that good foundation, by striving to overthrow the state of the poor freeholders who were created in that county, and to reduce all to their Irish government. This might easily be discerned to have been the mark at which they all have aimed, so desirous are this people to live according to their wills, at liberty to do what they list, and to shake off the yoke of lawful rule and authority, Nevertheless they (the Lord Deputy and company) by this travel and endeavours amongst them, have thus far prevailed to renew the former division of that county, as to bring that county in subjection to the law, and in the same to raise a yearly revenue to His Majesty ; the certainty whereof will be understood when the business is fully digested and payment made, which they expect at next Allhallowtide. Found here many and great difficulties, sundry of the first freeholders being dead, divers of them being slain in rebellion, and the rest impoverished by the extortion of their Lords. Yet have they overcome these difficulties, and finished this work by a due observation of this just and upright course ; viz., to renew the states of all such freeholders as had lands allotted unto them in the first division to them and their posterity, saving unto them who were killed in open hospitality and rebellion ; of whom they hold it very expedient that some example should be made, for a terror to others, in whose stead they have placed some others of sufficiency and recommend for service. Having in like manner used their best advices to the chieftains of that country to build some castles upon their lands, which they conceive to be a thing most necessary, they have in this division intended to Sir Edward Blayney, seneschal of that county, and a gent of good sufficiency and understanding in matters appertaining to the wars and peaceable government, two balibetoes, containing well near 2,000 acres in the midway between the Newry and other parts of the Pale, and Monaghan, upon condition, that upon those lands he shall build a castle of good strength and receipt, not only for a refuge for all subjects in their travels, but a sure means in all times of danger upon the sudden to victual and relieve the castle of Monaghan, which is now near the height of one storey above the vault, and is, in their opinion, a place of great importance to contain this wavering and uncertain people in their duties. Pray their Lordships therefore to move His Majesty for the assignment of some treasure to finish that work, which will be done with 500l. And for this cause likewise they have thought it expedient to renew the estates and interest granted in the first division to some few of the english and of the Pale, in the Termon lands of that country dispersed in the several baronies thereof, upon like condition of building of castles upon the said termons within four years, or otherwise to forfeit their estates ; whereby they doubt not His Majesty's service will be much advanced, and the law will find a far more free passage than otherwise we can expect.
And observing the Termon of Mucknoe, which was lately passed by His Majesty's letters to Sir Roger Wilbram [Wilbraham], with abatement of the former rent reserved, they think it fit for His Majesty's service that Sir Roger should either settle it by his own purse, or pass to such a one as will bestow some cost in making it not only a bridle to his headstrong neighbours, but a defence and safety for His Majesty's forces and victuals in time of trouble, it lying on the north side of a lough, opposite to that part intended to Sir Edward Blayney.
From Monaghan they travelled into Fermanagh, but on their way thither they received advertisement from the Archbishop of Cashell, born in that country, and then sojourning there upon some private occasions, that the Earl of Tirconnell and Couconaugh Maguire, one of the two chieftains of that country had taken shipping privily at Calebeg [Killybeggs], either for Spain or the Low Countries, which advertisement, albeit it proved not true in fact, yet they learned by due examination that there was such an intention, and that they both went thither intending to seek shipping to that end :—the first of these being somewhat unstaid, the other extreme proud, and both of them poor and discontented. And undoubtedly it they had power answerable to their minds, they would more manifestly declare themselves. Whereby they observe that oftentimes they prove the worst members in this kingdom upon whom the King bestoweth greatest possessions, in the kind that these men have theirs, if never so small a part of what they expect or hath been possessed in former times by their ancestors by the Irish customs, or the custom itself, be held from them.
Endeavoured by all possible means to inform themselves of the state of that county, and of the several septs of account in the same ; conceiving a just dislike that so good and spacious a county should be divided between two, which might very well serve for some seven or eight persons of good account. Trust that His Majesty may be moved to send direction and warrant for the division of that county according to the pre- cedent of Monaghan. For they find in Fermanagh a number of ancient persons of several septs possessed of large scopes of lands and territories, yet from the beginning followers to the Maguires, which men and their families may easily be reduced to the state of freeholders, to answer His Majesty a yearly rent, and to Maguire also a rent in certainty, out of every quarter of land in that country, which is distinguished by quarters, every quarter containing twelve score acres in their measure, which is 400 acres or thereabouts. To this end, informed themselves of the yearly value of these duties which belong to Maguire by right, and of his exactions besides, which must of necessity be restrained ; for the excessive course which hath been used in their Irish cuttings hath brought that county into extreme beggary ; so that they hold it absolutely to be at this instant the poorest county in that kingdom, and therefore wish that His Majesty would be pleased to refer in some measure unto their discretion the settling of that county. For in certain instructions in the time of Sir George Carie's government, His Highness signified his express pleasure that the whole county should be divided between those two chieftains, viz., Couconough Maguire and Connor Roe Maguire, without any further limitation ; according to which, if it shall be settled, they can conceive little good hope that ever that county shall come to civility and obedience, being left in a manner wholly to the self-willed government of those two men. But upon warrant from His Highness to reduce that county to the state of Monaghan, they are in good hope to bring it to some conformity, that the Lord may keep and receive his own in certainty, and oppression and extortion may be taken away. Have resolved therefore to forbear to proceed in the establishment of that county other than in a temporary course, until they may receive His Majesty's further directions, which they humbly pray his Lordship to procure for them.
Whilst they sojourned in Fermanagh, the Deputy, understanding that Ballashanon and Tirconnell was but 20 miles distant from Devenish, went down purposely to see the place, and consider of the haven ; and in tarrying there but one day allotted to that castle a domain of 1,000 acres of land on the west side of the river of the Erne towards Bundoran, finding on the other side no such scope of land of the Earl of Tirconnel's, which might with like conveniency be laid to the castle, according to His Majesty's reservation in the Earl's patent.
From Fermanagh returned through the Brenie, otherwise called the county of Cavan, and there bestowed a whole week's travel to learn and understand the state of that county, to hear their complaints, and to do them justice ; wherein first they observed, that an indifferent course was not raised in the first division of that county, but that some of the principal septs and families of the O'Reillies were left without land, and too much given unto others. As for example (by what means they know not) that in the first division of that county, of seven baronies in the whole, four of the best were allotted to Sir John O'Reillie and to his posterity, which ever since hath continued a heartburning in the rest ; and without a new division it will be a hard matter to reduce these people to any conformity ; whereof they find good opportunity and a fit occasion to be offered, for all the lands of that county seem, by the first division, to have been held by no other tenure but by indentures from the State upon strict condition ; and by an offiee now taken and a verdict returned by a very sufficient jury, it is found that all the lands of that county, either by the actual rebellion or other traitorous practices or combinations of the natives of that county with the Earl of Tirone in these late broils, are escheated to His Majesty and remain in his free disposition ; so that if His Majesty be pleased to send warrant for the distribution of the lands of the Brenie amongst the natives thereof, with reservation of some proportion of land in every barony, or one entire barony in the heart of the same to be bestowed upon some servitors in recompense of their services, with a proviso that they shall build castles upon the lands to be granted unto them in some convenient time, they conceive good hope in a short time to bring to the condition of an English county, obedient to law, the Brenie, which hitherto hath been little better than a den of thieves, infesting the two counties of East and West Meath with continual spoils and robberies. Pray him to procure His Majesty's direction for them ; and in the mean season have taken due answering of His Majesty's rent beeves, and for the restraining of that people in their duties in the best manner they could devise having withal in every of these three counties kept general sessions of assize and gaol delivery, and heard and altered a number of complaints.—Dublin Castle, 12 September 1606.
Signed: Arthur Chichester, James Ley, Ol. Lambert, Tho Dublin, Canc., G. Moore.
Pp. 5. Sealed. Add. Endd.: "Lord Deputy and Council to the Lords of the Privy Council."
848. Sir Arthur Chichester to the Earl of Salisbury. [Sept. 12.] S.P., Ireland, vol. 219, 105.
Sends herewith the state of the country of Monaghan, Cavan and Fermanagh, as they observed the same ; the letters are signed by such of the Council as were with him (Chichester) at the time. They found the people very poor and unacquainted with the laws of good government, having been long subject to oppression and tyranny, as they shall ever be, unless some men of more civility and understanding be seated among them, both to instruct and to defend them ; for it is death to the great Lords that their tenants and followers should know or understand more than brute beasts, by reason their greatest advantage for profit in times of peace, and for opposition and defence in the days of rebellion, ariseth from the ignorance of the meaner sort.
Since all reformation and good government must have some beginning, he has given hereto all the help that for the present he could give, without increase of His Majesty's charge. At Monaghan they have set apart some portions of land for the seneschal and other honest and civil men who have served in those parts, and have enjoined them to abide there and to hold their assemblies and sessions quarterly ; to which they would be induced with more pleasure and content if the castle were finished for their defence and safety, on which good sums of money have been cast away, if it be left as it now is In Fermanagh they found no manner of town or other civil habitation, and the people very poor in goods and understanding, albeit Salisbury has been otherwise informed ; there being some men who are apt to blaze the sweet and conceal the sour, to publish the virtues of the people, if any they have, and to shadow or secrete their facults ; whereby England hath seldom understood the true estate of the country, or condition of the people ; and from hence doth it come that the Prince and the State there hath been so slow and remiss in the reformation and good settlement thereof, thinking it either well enough or not worth the caring for ; whereas according to his (Chichester's) knowledge and observation, it would equal most parts of England in pleasure and profit, if the people's conditions and country's government were alike. But the care of the Church hath been neglected, whereby God's service hath been omitted, and from thence His blessings have been excluded, and he has small hope of amendment in this kind.
Found this county (Fermanagh) divided with the river of Lough Erne, which runs in the midst thereof, over which there is seldom passage but by boat, which those people make only of a great oak hewn hollow, which they call "cotts." These are dangerous, and a great hindrance to the civil commerce in those parts. Upon this river he observed two places fit to be made passages by bridge, the one at Ballashanan, near the castle, the other at Lysgoule [Lisgool], which lies about the midst of the county. Wishes there were at this part some beginning of a town, which he would have built on both sides of the river, whereby the bridge would be defended and the passage secured. The river in this place is narrow, and sometimes fordable. Has directed Sir Henry Follyott (who is governor of that country and Ballashanan) to resort thither himself, and to draw the few men that lie in Devenish (an island in the lough three miles distant from Lysgoule) thither, and there to build their houses, and to erect a gaol and sessions house, towards which the country has given a small contribution according to their abilities. Has commanded the quarter sessions to be held, and likewise a weekly market ; hoping this peace will beget civility and bring forth plenty, when the town, by privileges and making it a corporation, may be enlarged, and the bridge built without charge to the King. Is sparing in propounding for money, but when he considers of the times past, knowing withal that, if the tenth part of the treasure which was expended in the late rebellion of this land had been employed, during the days of peace, in planting towns, forts, and castles in places of advantage in the nests of such as strive to be great in ill actions, the rest had been saved, and the kingdom in a state to bear its own charge with advantage to His Majesty's coffers, he cannot but touch that string, how untuneable soever, being thereto bound in duty and the place he holds. Having delivered what he foresees, hopes he will be excused if any flaw break forth and set the kingdom afire before there be sufficient means to prevent it, which makes him still say it is good husbandly to spend a pound to save 100.
Knows Salisbury has observed that this people, having entered into rebellious courses, never subject themselves out of any true feeling of their duty or zeal to their Prince, but as they are brought thereto by sheer famine and necessity ; whereby the country is long after poor and miserable, when small forces with some allowance and good government may carry sundry businesses to good ends. But they no sooner increase in store of corn and cattle, but forthwith they prove proud and contemptuous, when nothing can be done but with main force.
Whilst he lay in Fermanagh, the Earl of tirconnell came unto him complaninig that Boundroes [Bundrowes] was kept from him, and that Sir H. Follyot manured much of his lands under colour of the 1,000 acres, which by reservation in his patent ought to be laid to the Castle ; and having sent commissioners last year to make an indiscreet allotment thereof, who could not compose the business, he (Chichester) rode thither, and in a few hours sorted it to both their contents ; and, whereas the Earl doth so much repine at the reservation made of Ballashanan and this land, he thinks that the castle is built upon the land of the abbey of Asheroe, and so His Majesty hath assumed nothing but his own, and in that he hath the custodiam of that abbey, and sundry others in his country, knows he hath a far greater quantity than is reserved to ballashanan and the Lyffer.
Observed here the bay, which is great and spacious, within which stands Calibegg [Killybeggs], which is an excellent harbour and secure. Fears it is so well understood of those he wishes were ignorant of it. Rode likewise to Boundroes and finds that, whilst Ballashanan is to be held, it is not much to be cared for, and thinks the lands and castles are parcel of Tirconnell, but surely of the province of Connaught. Likes not that the abbey of Assheroe should continue in the said Earl's hands, for in the end it will bring some mischief to Ballashanan. It stands in a valley to the north of the castle, within a quarter of a mile thereof, and the castle standing by the river, there is a hill rising between them, by reason whereof the castle can discover nothing done in the abbey, which hath been a goodly house, and may yet shelter many people, who may in times of advantage lodge themselves within a caliver shot of the castle undiscovered, and thereby made apt to take opportunity to do them a mischief. Describes these places in order that he (Salisbury) may understand what they may do when they are better prepared ; for, howsoever they have will, they are yet without means, to answer their desires.
In the Cavan, observes, farther than the general letters will impart, that there are sundry families of the Orealyes [O'Reillys], but so divided in love and affection that there is little dependency on any one chief. The principal is a child of some 15 years, who is grandchild to Sir John Orealy, born by a niece of the Earl of Ormond. Has directed this boy to be brought unto him, and will place him in the college. One of the seven baronies, named Clanmahonne [Clanmahon], is passed to the Lord of Delvin upon his book given by the King ; but by a judicial and sufficient inquiry we found the whole county in the King to dispose. The Lord of Delvin may have a sufficient proportion for so much of his book, and the most part of the county may be divided amongst the natives, which is more than they will inhabit for many years to come. He (Chichester) wishes that some English and other civil people might have means to settle among them, whereto he finds many endowed that have served in those parts ; but unless some principal person take it, all will be confused, and will not answer the expectation of a plantation.
In this county there is a poor town bearing the name of the Cavan, seated betwixt many small hills, but the barony in which it stands is named the Loghtie [loughtee] and the best in the county ; being one of the four designed to Sir John Orealy, and the fittest to be reserved in His Majesty's sole disposition for bringing it to a civil county. Captain Garrett Fleaminge and Captain Tirrell have seated themselves in this county, by purchasing some land from such as pretend to be freeholders ; and it is not amiss to make their estates good, being defective, and to give them somewhat more ; for they have done more good by building and civil settlement than all the rest of the county. Upon the first advertisement of the Earl of Tirconnel's and Couconagh Maguire's intention to ship themselves secretly (whereof advertisement has been given in the general letters which at first were intended solely for him (Salisbury), and, albeit they are directed to the Lords, he (Chichester) thought fit to leave them as they are for Salisbury to peruse, and after to dispose as he may think meet, to which he was advised upon consideration of the Earl's match with a grandchild of my Lord Admiral's) ;— upon this advertisement he forthwith imagined that they have had some purposes in hand which they feared had been discovered, otherwise they would not have departed at such a time when we came to give every man his right. Is not certain whether the Earl would go or no. Is sure Couconagh would, if he had gotten convenient passage. Sends such examinations as he has taken, and other discoveries he has had, of sundry meetings between the Earl of Tyronne and Tyrconnell, this Maguire (who is a desperate and dangerous young fellow), and some others. They convey sundry messengers to the Archduke, and those of their trustiest servants ; the Earl of Tyronne by pretence of his son's being there, making a show that he studies to withdraw him, but giving it out that he is in great favour with that prince, and hath the command of many men of this nation, (which he (Chichester) knows to be true,) and hath written to his brother to send him more. Is informed that most of the Lords and principal gentlemen of the Pale have either a son or a near kinsman with the Archduke, who are kindly entertained ; which agrees with a speech (said to be delivered) by some of those who by the Lords' letters were permitted to carry men hence about this time twelve months ;—viz., that they had good pledges from other parts of the kingdom ; and now they would carry as good of the Pale, of which he (Chichester) advertised the late Lord Lieutenant, by reason they were gone hence before he heard it ; howsoever it may be shadowed, it is assured they have practised, and are discontented ; and among them all, there is not a more cancred and malicious person than Sir Randall M'Donnell, who from a beggar is made great, and yet rests unthankful.
If he had not already wearied his Lordship, could enlarge this matter ; the papers will acquaint him with the principal points, and, if it stand with his Lordship's pleasure, he would gladly receive some directions for his further proceeding in this business, which in his opinion requires good premeditation and advice.—Dublin Castle, 12 September 1606.
Pp. 8. Hol. Not add. Encloses,
849. Teig O'Corkran, examined at the Camp near Devenish, the 11th of August 1606. S.P., Ireland, vol. 219, 105 I.
Confesseth that he hath received orders of deacon from the Bishop of Cashill, and that lately he went to Multifernan to the supposed Bishop Bradie, by whom he confesseth that reconciled and received absolution. He also confesseth that now of late he hath attended Couconagh Maguire, and accompanied him to Ballashanan and Dunagall. That they went to the island of Cladie, and in the way met with the Earl of Tyrconnell, and returned with him to Dunagall.
Being demanded whether they were at Arran, confessed they were, and the Earl also in their company ; and that the cause of Maguire going thither was only to buy wines. Being demanded whether he did write any letter from Couconagh to Brian his brother, he said, he did not ; but being urged whether he had written any letters lately for him, confessed he had written two, one to Shane M'Hughe, for five garrans to be sent after him to Ballashanan, the other to a priest, M'Trever ; and being demanded what were the contents of that letter, said it contained this much in effect,—"I have de- livered you a secret, and I do allow you, after seven or eight days, to impart the same to my brother Brian."
Taken before Arthur Chichester, Tho. Dublin, Canc.
The second examination of Teig O'Corkran, taken the same day at the Camp at Devenish.
First, he said that his former confession is true, and that Couconagh Maguire took him with him towards the Pah about the 16th of July ; and, as they travelled, they me with the Earl of Tirconnel at the Cavan, where the Earl and Maguire rested that night ; and the next day Maguire sen him to Multifernan to Brady, the Popish Bishop, for the cause alleged in his former examination, which was to be reconciled ; and before his departure, the Earl and Maguire rode together without a man, boy, or horseboy, to Sir Brian M'Mahon's house, and such people as they had went to Oreillie's, and the examinate to Multifernan ; and, having dispatched his business, he returned and found the Earl and Maguire together at Enniskillen, where they continued two nights, and he heard the Earl say at their departing, "Well Maguire, if there be any wine in any ship in our parts, I will send you word thereof;" and so the Earl went away. And about the 26th of July, a boy came from the Earl, who, when this examinate questioned what news he brought, and whether he had any letters, he said, he had none, but he would speak to Maguire from the Earl; and soon after Maguire had conferred with him, he, the said Maguire, told the examinate, that he must go down with him to Dunegall; and so departed from Enniskillen, upon the 26th of July, taking with him a suit of apparel, half a dozen shirts, and three boys, without other attendants, and had only3l. in money; and when he came to Dunegall, they heard the Earl had gone to Claudie, a harbour in the Isles of Arran. And so they left their horses and hired a churle to carry their necessaries, and travelled thitherwards; and at Claudie they met the Earl coming from the ship, which, as he heard, belonged to one Hamilton; and the Earl told Maguire that he could get no wine there, and so they went to the house of Captain Paul Gore, where they rested one night; and from thence they came to M'Swine O'Banes, sheriff of Tirconnel, and he lent them horses to bring them to Donegal (for the Earl was likewise on foot), and the Earl had with him two pages, O'Boyle, and some 20 persons.
He saith that he is assured Maguire would have been gone for Spain or the Low Countries, if he could have gotten shipping; for so he told this examinate, alleging no other causes but his poverty, and that his country was divided betwixt him and Connor Rea Maguire; which did properly belong to himself, and that he had neither goods nor people, and that he would take the examinate and one boy with him, and that he would serve for his living abroad; but he knoweth not whether the Earl would have gone, but sure he is, he promised to provide a ship for Maguire.
He saith further that he made his will before his going, and left it either with Aghie M'Trevor or his brother Brian Maguire, both which are acquainted with the contents thereof, as he thinks; but he knows no more than in his former confession, touching his writing to the priest, not to reveal what he had written or told him for a certain space, which he now takes to be a quarter of a year.
Arthur Chichester. Mark Cashell.
"The examinate Corkran was servant to the Archbishop of Cashell, and now of late a little before our journey, at the earnest request of Maguire, the Archbishop was content he should dwell with him, the said Maguire having great use of his pen and of his English tongue, for certain business he pretended to have with him, the Deputy, and is a foster brother to the said Maguire, as he saith."
The examination of Sir Neale O'Donnell, taken the 7th of August 1606, at the Camp near Devenish.
Being demanded if he knew or had heard of the purpose of the Earl of Tirconnell and Couconagh Maguire to depart suddenly out of this kingdom, saith, "that on Sunday last Hugh Roy O'Donnell, his brother, told him that Marie nee Gwire, a woman whom he kept, and daughter to a base brother of Couconagh Maguire's reported unto him that the Earls of Tirone and Tirconnell, the said Couconagh, and Captain Tirrell, with others, had concluded to seize upon the King's forts and garrisons, viz., the Earl of Tirone, to execute it upon Charlemont and Mountjoy; Tirconnell upon Derrie, Liffer, and Ballashanon; Tirrel upon some fort or garrison near him; Couconagh Maguire upon Devenishe; and to cut off the horsemen lying upon the country, being of the garrison of Ballashanon. And that it was said (as she repeated) they had good assistance in the Pale, and all the rest of Leinster, Connaught, and Munster; and having some intelligence or suspicion that this their plot was discovered to the Deputy, they attempted to get shipping and embark for Spain, and for that purpose they made their repair unto the Isles of Arran, and there, failing of a convenient passage, they returned and came to the Deputy's camp.
The cause of the said Marie's knowledge was by reason of her familiarity and abiding at Enniskyllen, in company of the wife and sisters of the said Couconagh Maguire for the space of eight or nine weeks; and out of her well-wishing to the said Hugh Boy O'Donnell, she sent purposely for him, whereby she might acquaint him therewith, for prevention of the danger. And thereupon he took her down with him to Glanfynne, and soon after all the country began to fly, with their goods, the day before the Deputy's coming to Devenish in Fermanagh; and that then again they returned and settled themselves, upon Couconagh's coming again, which was very joyous unto them. He saith further, that one of the Earl of Tirconnel's men, who, as it should seem, was acquainted with his secrets, told Caphar Oge O'Donnell, about 14 days since, that the Deputy, at his coming unto the north, would lay hands on the Earl of Tirconnel, or Sir Neale, the examinate, and did advise him to be upon his keeping.
He saith further, that O'Cayne and his wife (base daughter of the Earl of Tirone) told him about Christmas last that the Earl of Tirone, being determined to put away his Countess, and for that purpose having gotten together all the priests of the country, the Countess told him plainly, that if he desisted not from such courses against her, she would discover him so far as to infer again to rebellion or to lose his head; whereupon the Earl dismissed his priests and left his purposes.
He saith further, that one Flarie O'Mulhone of Conagh, a Jesuit with the King of Spain, and agent for Tirone, Tirconnell, and others of their factions, upon recommendations from them, doth prefer their desires to the King, and brings such as they send thither into his favour and service, being very gracious with the King.
That one Robert M'Arthur, a Jesuit, is now in England in the habit of a captain, and doth from thence continually advertise the Earls of all occurrences. This man was some five years since sent into Spain, from the Earl of Tirone, and now carries some other name, which he knows not.
He saith further, it is a common opinion among them in all the north, that Sir Randall M'Donnell is a party with them in all plots and devices; and that he hath given out that he cares not for (fn. 1) Sir Arthur Chichester, more than for an ordinary person, knowing the King will hear him and further his desires, and that if he would not, he would show him another trick. Lastly, he saith that Henry M'Shane O'Neile told the Earl of Tirconnel that he saw Robert M'Arthur in London in captain's apparel, keeping company with certain fine captains of Irish nation. Subscribed: Neile O'Donnell.
(fn. 1) It may please you to observe that Sir Neale O'Donnell in an apparent opposite to the Earl of Tirconnell, yet out of sundry collections from other advertisements, I conceive he hath informed no more herein than he hath heard. Sent the 13th of Sept. 1606. Arthur Chichester. (fn. 1)
Arthur Chichester. James Ley.
Pp. 5. Endd.: "Copy of certain examinations taken the 7th and 11th of Aug. 1606, touching some Irish intelligences."
850. Copy of Sir Robert Remington's letter to the Lord Deputy, touching a discovery of treason intended in Ulster. S.P., Ireland, vol. 219, 106, sent 13 Sept. 1606.
"One Farraghe M'Hughe O'Kelley, who hath been a notorious rebel in Conaght, being yesterday condemned for treason, upon the hope which I gave him that you would grant him His Majesty's pardon (he having pretended to reveal a present and dangerous plot of treason, to be executed by a great Earl of this kingdom), hath delivered this:—
First, that one Hughe M'Duffe Dalla O'Kellie, his kinsman, one of this province, meeting him about Easter last at a place called Knoweneghnosse (sic), told him, that having been a little before with the Earl of Tirconnell to entreat him to help him forth of Ireland, for that he was afraid to live here, he (Tirconnell) willed him to come to him, and that he would provide for him, for that he looked for means from the King of Spain; meaning (as he said) he looked for some forces to come over unto him.
Secondly, he saith, that about the midst of June last one Conor M'Dermott Reagh, a gentleman of the county of Roscommon, being with him at his house, told him, that speaking with the Earl of Tyrconnell, as he passed, about the Easter before, through the Magherie of Conagh, he asked him if any of his people were yet living, and if he had any of his furniture, and that (he asking him again what he should do with it), he told him that shortly he should have occasion to use it, and bid him provide himself of more, for ere long he would send for him.
Thirdly, he saith, that about the latter end of June last, one Donoghe O'Brian M'Mahonne M'Anaspeck (sic) came to him at his house at Cloncowlie, and falling into fervent speech, told him that he should see the old business revive again, and that the Earl of Tyrconnell did look for succour to come from the King of Spain; for he had intelligence concerning those businesses with some beyond the seas, and that himself, about a month or five weeks before that time, had been at Dublin, to meet one Brian or Dowlin M'Birne, who was a messenger of trust for the Earl employed into Flanders. This fellow is a Leinster man, and came over then as he expected, bringing letters with him, unto the Earl, but from whom he did not ask. They two went presently together unto the Earl, and soon after the Earl took this Donnoghe only and two horseboys, and went into Dunganon to the Earl of Tyrone, with whom they conferred, upon their letters and other letters to be sent back, staying there some seven days. And, making some small stay after in Tirconnell, they came back unto Athlone, that with less suspicion that fellow Brian, alias Dowlin, O'Birne, might pass in the Lord President's train into England with his letters, for he had heard that his Lordship did purpose about that time to go for England; but they found his Lordship gone three days before; so he sent him from thence, giving him his English clothes, and from thence this Donoghe came unto the first-named Farragh M'Hughe, where he made this relation.
"What you will direct me to do herein I will attend, not meaning to search into this cause until I hear from you, nor then otherwise than I shall be directed.
At Athlone, 7 September 1606.
"I had forgot to tell you that when Farragh M'Hughe asked him what these letters imported, which were brought from beyond the seas, he told him;—a speedy effecting of such things as had passed between them, which was as he said to send them forces."
(fn. 2) The cause of Ferragh M'Hughe's arraignment was for fostering of rebels and other malefactors, and chiefly for practising with certain persons in the time of the late general plague to pass into Spain, and to the Archduke, to acquaint those princes with the state of the kingdom, and to endeavour to draw some forces over to seize upon the city of Dublin, and other principal towns and cities in the kingdom; alleging the facility to achieve it, by reason most part of the principal men and many others had withdrawn themselves in such manner that the towns were generally dispeopled, and that the grass grew in the streets, of which he was convicted and condemned, but reprieved by Sir Robt. Remington for the causes by him alleged. With this much one of the judges of that circuit acquainted me this present day, and that he ever hath been a notable murderer and a continual practiser of villainy and alterations; which gives the more credit to his informations, making it probable that they would the sooner reveal their secrets unto him. The man is well known to my Lord of Clanricarde, to whom Sir Robt. Remington hath written.
"I have given order to have this Ferragh M'Hughe brought to the Castle at Dublin, and have written to my L. of Thomond to cause Donogh O'Brien M'Mahonne M'Anaspeck (who lives in that country, as I am informed,) to be apprehended, and to send him likewise to the Castle at Dublin. I have further given order to Sir Robert Remington to apprehend Hugh M'Duff Dala O'Kelly, and Connor M'Dermount Reagh, soon after the Earl of Tirconnell comes to these parts, whom we expect, because his lady is great with child, and lies at Maynooth with the old Countess of Kildare, and looks to be brought to bed within 14 days. Brian alias Dowlin O'Birne is gone over, as I am informed. This is all I have done for the present, and pray your further directions. —Muncktown, near Dublin, 13 September 1606." (fn. 3)
Pp. 3. Endd.: "Copy of Sir Robert Remington's letter, &c."
851. Sir Jeffrey Fenton to the Earl of Salisbury. [Sept. 14.] S.P., Ireland, vol. 219, 107, 108.
Thanks his Lordship for his late letter. The people show still humours of discontent, and have to that end their secret meetings, not without suspicion to hold out underhand intelligence with Spain; in this matter some near probabilities have appeared of late which the Lord Deputy is about to transmit to Salisbury, and gives order to observe them further, till he may draw matters to a more apparent discovery. In the mean while they stick not to whisper that there is like to be a breach between His Majesty and Spain, which they make a ground of their consultation, and amongst themselves do prepare how they may raise a party here to second the Spaniard when he shall put on foot any enterprise against this land. They repose much in the Earl of Tyrone's second son and his regiment of Irishmen now serving under the Archduke, who it is to be wished were called home before any breach grow, for they are of opinion that he is the man that must be thrust over hither upon the first commodity, and to serve that turn it may be thought that he is nourished with the Spaniards in the Low Countries.—Dublin, 14 September 1606.
Pp. 2. Signed. Sealed. Add. Endd.: "Sir Jeffrey Fenton to the Earl of Salisbury."
852. The Lord Deputy to Sir Anth. Sentleger and Sir Jeff. Fenton. [Sept.14.] S.P., Ireland, vol. 219, 114, I.
The Lords of the Privy Council having been moved for an increase of pay for the horse and foot company in this kingdom, and by their letter of the 2nd of this instant having inquired whether the soldier at any time before the composition received at once both cesse from the country and pay from the treasurer; these are therefore to require Sir Anthony Sentleger and Sir Geoffrey Fenton, as well by search in the Council books as by looking into the accounts of former times and into the Cheque office, and by all other good means, to inquire what the pay of the soldier was, both before the time of Desmond's rebellion and since; and whether the soldier had cesse and pay at one time; and in what manner the same was paid; and to certify the result under their hands.— Given at Dublin, this 1st of September 1606.
"To Sir Anthony St. Leger, Knight, Master of the Rolls, and Sir Jefferey Fenton, Knight, His Majesty's Principal Secretary in Ireland."
"By your directions of the 1st instant, we have searched the books remaining with the clerk of the Council, and looked into the accounts of former times what payment the soldiers had here some time before the rebellion of Desmond. We find no remembrance of Sir Edward Fitton's time, as the books are in England, where they are to be found with the auditors; but upon search we find that when the horseman had 9d and the footman 8d., Irish, they were a long time cessed upon the country after the rate of 3d. sterling a day for the diet of every soldier, which the country received from the treasurer in money, and the rest of the soldier's pay did run good unto him for to furnish him with apparel and other necessaries," &c.—14 September.
Signed: Anth. Sentleger, Jeff. Fenton. (fn. 4)
Pp. 3. Endd. Encloses,
853. Brief of the charge in the realm of Ireland, as well by the establishment, as also by the revenue, as it was found on 31 August. S.P., Ireland, vol. 219, 114 II.
Pp. 4. Endd.
854. Brief of the charge as it was found 31 August 1606, with an increase of 880 soldiers and 234 horsemen, with their captains and officers. S.P., Ireland, vol. 219, 114 III.
P. 1. Endd.
855. Brief of the charge as it was found 31 August 1606, with increase of charge for 880 soldiers at 2d. le pece per diem, not including officers. vol. 219, 114 IV.
P. 1. Endd.
856. Brief of the charge as it was found 31 August 1606, with increase of charge for 880 soldiers and 234 horsemen, with their captains and officers, to make their Irish pay sterling pay. vol. 219, 114 V.
P 1. Endd.
857. Brief of the charge as it was found 31 August 1606, with increases of charge for 880 private soldiers, 2d. le pece, and 234 horsemen, to have sterling pay. vol. 219, 114 VI.
P. 1. Endd.
858. Comparison of the increase between the 880 foot only besides officers, to 8d. English per diem, and sundry abatements to be made to countervail the said increase. vol. 219, 114 VII.
P. 1. Endd.
859. Another statement on the mode of payment of the Irish soldier, and of the practice of cess upon the country in addition to his pay. vol. 219, 114 A.
P. 1. Endd. Seemingly in Sir Thos. Wilson's hand.
860. Another paper relative to pay and cess of the Irish soldier, similar to the above, with some additional observations. vol. 219, 114 B.
Pp. 2. Endd. In Wilson's hand.
861. Copy of the above. vol. 219, 114 c.
Pp. 2. Endd.
862. Sir Oliver St. John to the Earl of Salisbury. [Sept. 16.] S.P., Ireland, vol. 219, 109.
Professions of service and thanks for being put into employment. Has sent a person for the remainder of the privy seal.—Dublin, 16 September 1606.
P. 1. Hol. Sealed. Add. Endd.: "Sir Oliver St. John to the Earl of Salisbury."
863. Mr. Justice Walshe to the Earl of Salisbury. [Sept. 18.] S.P., Ireland, vol. 219, 110.
Relating the success of his last circuit in Munster, showing the successful union of Desmond with Kerry, the prosperous state of Clare attributable to the great care of the Earl of Thomond, the bridges built, and the other improvements effected.—Waterford, 18 September 1606.
Pp. 2. Hol. Sealed. Add. Endd.: "Justice Walshe to the Earl of Salisbury."
864. Sir Arthur Chichester to the Earl of Salisbury. [Sept. 19.] S.P., Ireland, vol. 219, III.
Thanks him for his great favours. Writes the public
business in a letter by itself, as it may be his Lordship's will to acquaint the King with some part of the contents. Has not written to His Majesty but once since he came to this government, and that was at his first entrance upon it; which duty he has omitted, not out of negligence or remissness, but in order to ease His Majesty in perusing that which may more briefly and at seasonable times be imparted by Salisbury; and hopes that, as he applies himself in this kind to his principal saynts (sic), he will be excused.
These other letters to the Lords import his receipt of sundry letters from them since his perclosing of the former, with a touch of their want of money, which is exceeding great; for they have not had a penny for July, August, and September, within which time they have taken up beeves and other provisions from the country, for all which payment must be made out of the next treasure that shall arrive. For if they break with them (as they have done with the merchants who lent us money), they will get nothing but by main force.
Is doubtful what payment they will make them, as the Lord Treasurer writes that he will send 12,000l. to serve for October, November, and December, and makes no mention of the three months passed, in which that sum and more is due. The charge is increased by reason of their journey, in which he carried some of the Council with him, and by the judges' circuits, who went through the kingdom in this vacation; and albeit he has no increase of entertainment at such a time, howsoever his charge may be increased, yet all councillors and judges have an allowance; for whereas the principal judges were wont to have 20s. a day in English money, they have now four nobles in harps to make it so much; and the meaner judges and the King's learned Council proportionately. Beseeches his Lordship that the treasurer may come furnished with treasure to pay the charge of the last three months, and for the growing charges. Of the former debt of April, May, and June, there is unpaid 3,500l., for which his (the Lord Deputy's) and the Council's bonds are in the hands of such as lent it, the whole sum being 10,500l.
Recommends to his Lordship's favour Mr. James Carroll, the sub-treasurer, who hath not only disbursed his own store, but upon all occasions hath engaged himself by bonds and other ways to serve the present sufficiency. He is besides a very honest and sufficient man, and, as occasion shall present itself, fit to be preferred to some place of advancement within this kingdom.
Upon the proclamation of banishment of the Jesuits and seminary priests from out of that kingdom, many flock to Ireland, where they do much harm; and every house and hamlet being a sanctuary for them, they are seldom appre hended. As if they were not sufficiently stored already, the officers of the ports from thence do ship them hither; two were lately brought to Tredagh, by direction of the town of Liverpool; the one named Thomas Poole, the other James Lancaster, alias Foord. Has brought them to this castle, and with the first opportunity they shall be shipped to some other countries. Prays him to forbid sending any such unto them.—Castle of Dublin, 19 September 1606.
Pp. 3. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the E. of Salisbury."
865. Sir John Davys to the Earl of Salisbury. [Sept. 20.] S.P., Ireland. vol. 219, 112.
Presents herewith a rude commentary or report of that service which hath been performed this summer in Ulster, by the Deputy and some other ministers of this State attending upon him in that journey. Doubts not but he hath advertised the same thing in substance, so that perhaps this relation is needless. But holds it a necessary duty to offer his service upon all fit occasions, though it prove not always to be of use. Troubled Salisbury with another advertisement of this kind touching the occurrences of our circuit in Mounster the last Lent. Presumes it has come to hand, with other letters since, containing his acknowledgment to his Lordship for commending him to this place of Attorney-General, which he now holds. The public servants here are not a little comforted by the sending over a good Chief Baron, and now, if those able judges, who were nominated when he (Davys) was in England, be dispatched to supply the inferior places, Salisbury will prove himself the greatest benefactor to this kingdom that hath been since the Conquest.—Waterford, 20 September 1606.
P. 1. Hol. Sealed. Add. Endd.: "Sir John Davys to the E. of Salisbury." Encloses,
866. Report of the Journey of the Lord Deputy into the province of Ulster; minutely describing the condition of that province particularly of the counties of Monaghan, Fermanaghan, Fermanagh, and Cavan. S.P., Ireland, vol. 219, 112 I.
Pp. 41. Copy. Not signed. No date. Endd.
[This is the well known account of the counties of Monaghan, Fermanagh, and Cavan, which is printed in full in the edition of Sir John Davys's Historical Tracts (8vo., Dublin, 1787), pp. 215–71.]
867. Sir A. Chichester to the Attorney and SolicitorGeneral. [Sept. 20.] Carte Papers, vol. 61, p. 213.
Warrant for fiant of pardon of alienation to Robert, Lord Bishop of Down and Connor, for having alienated certain waste lands in the county of Down called Island Maghie [Island Magee], 2 castles, 20 messuages, 500 acres of land arable, 400 acres of pasture, 100 acres of moor, and 100 acres of heath and furze in the said Island Maggee, Island Reagh, Island Rawley, Island Magneesee [Magneish] in Ballycaslanceaspicke, Balliliddell, Balledrine, Ballilishane, Ballynemartyn, Balligavagan, Ballyrennaile, and of the rectories, advowsons, and churches of the said towns and villages, with the fishings of Loughcon in the county of Down, in fee farm to Henry Persse and Francis Annsley of Dublin, gent., for consideration of 100l., and a yearly rent of 6l. 13s. 4d. sterl., to be paid to the Bishop's see for ever, being a greater rent than hath been paid for the premises in certainty at any time within the memory of man.—Dublin, 20 September 1606.
P. 1½ Orig.
868. Lord Roche and Fermoy to the Earl of ShrewsBury. [Sept. 24.] S.P., Ireland, vol. 219, 113.
Desires redress of wrong offered to him by Arthur Hide, in whose patent certain castles and lands belonging to him had been inserted.—Castletowne, 24 September 1606.
P. 1. Signed. Sealed. Add. Endd.: "Lord Roche to the E. of Shrewsbury."
869. Army Account for Ireland. [Sept. 24.] Landsdowne MSS., 159, 88, f. 276. B.M.
Return of the charge of the army for 20 weeks, beginning 1 July and ending 17 November 1606.
P. 1. Endd.
870. Lords of the Council to Sir Arthur Chichester. [Sept. 25.] Philad. P., vol. 3, p. 103.
Recommending to his favour, so far only as to secure him a speedy trial of his claim, the bearer John Helly, servant to Lord Knollys, who pretended a right to certain lands in the county of Sligo as heir to his farther Darby Helly, detained from him unjustly, as he alleged, by Sir William Taffye, and for that purpose had repaired with His Majesty's leave to Ireland.—Hampton Court, 25 September 1606.
Signed: Salisbury; W. Knollys.
P. ½. Orig. Add. Endd. by Sir Arthur Chichester: "From the Lls. in the behalfe of John Helly, tuchinge his sute against Sr William Taaffe."
871. Sir Arthur Chichester to the Lords of the Privy Council. [Sept. 26.] S.P., Ireland, vol. 219, 114.
Takes occasion of Mr. Birchinsawe's journey thither to give their Lordships satisfaction in that point which concerneth the increase of pay to the companies of horse and foot within this kingdom, of which they sought information in letters of the 2nd of this month. Upon receipt of these letters, caused search to be made in the Council books, and the accounts of former times to be looked into, but find no mention of Sir Edward Fittonn's time; the books of his foreign accounts having been taken into England and still remaining there. Send the other precedents for this alteration, by which it will appear that, at such times as the soldiers were not relieved by cess upon the country or out of the magazine of victuals, the late Queen was compelled to increase their pay, in order to constrain them within their garrisons in some sort able to do her service. And if their Lordships saw in what miserable sort they are at this day for want of clothes (by reason of the smallness of their pay), and considered that the last were delivered to them at rates far beyond all former example, they would agree in the opinion that, if the soldiers should be continued as now they are, they would become a scorn and occasion of laughter to this people, rather than a bridle to restrain and keep in awe such as are ill-affected. For this 6d. a day could do little more than serve the necessities of their bellies, even if it were wholly and duly paid unto them, which of long time hath not been usual. And if they were not here eye-witnesses thereof, and did not know well the disability of the troops to live thereon, they would not advise this increase of charge, being as unwilling to enter hereinto as any servants that ever were employed in their places. The further report of this, with some other remembrances, is left to the declaration of the bearer, whose services they make bold to recommend as having well deserved in his employments here.—Dublin Castle, 26 September 1606.
Signed: Arthur Chichester, Tho. Dublin, Canc., R. Wingfelde, OI. St. John, Anth. Sentleger, Jeff. Fenton.
Pp. 2. Signed. Sealed. Add. Endd.: "Lord Deputy & Council to the Lords of the Privy Council."
872. Lords of the Council to Sir Arthur Chichester. [Sept. 26.] philad. P., vol. 3, p. 105.
Enclose a copy of the Articles of Agreement with Sir Raph (sic) Sidley, for the transplantation of the Grames and others to be settled in Roscommon, together with a letter of the Commissioners that made the agreement with him, and a schedule of the names of those that were delivered unto him to be transported; all which persons were for their ill deserts in His Majesty's mercy for their lives, but were spared in hope they might prove good subjects. Bespeak his aid in furthering this project, so that the Grames may have no just cause of complaint nor find easy means to escape and return from thence.—Hampton Court, 26 September 1606.
Signed: R. Cant., T. Ellesmere, Canc., Suffolk, J. T. Dorset, Salisbury, J. E. Worcester, H. Northampton, J. Herbert.
P. 1. Orig. Add. Endd.: "That the families of the Greames be well used, and care taken that they return not by escape from thence" Enclose,
873. The Commissioners of the Middle Shires to the Earl of Salisbury. [Sept. 13.] Philad. P., vol. 3, p. 129.
With much difficulty they had gotten together such number of the Greames as in the schedule enclosed, and sent them to the port of workington under the conduct of the High Sheriff of Cumberland, with the assistance of the country and the horse garrison of those parts.
They could not obtain the number of fifty families of Greames to send away; for divers of the poorer and le dangerous sort, after they had been before them and yield themselves to transportation, at the instant thereof fled and hid themselves, as the commissioners were informed, rather out of weariness of the bondage they lived under their masters the chief Greames, since transported, than any other cause Further, the Commissioners could not obtain means suffcient from the country, and if they had transported them, many would have perished that winter, as they had many children and were very poor.
The chief Greames they confined in the city of Carlisle, and they were all gone, and not one escaped them; and there was not then left between Leven and Sarke any Greame, as the Com- missioners thought, of any ability but three, two of whom were old men of more than 80 years of age, and were presently to remove, some of whose children the commissioners had transported. So that all notorious offenders and dangerous persons whose names theretofore terrified all peaceable men, and the young and choice able men of whom there might be doubt in time to come of danger, which they could get in, were sent away. By the articles they had endeavoured, to compel them to begin families in Ireland and to plant themselves there; if they should not, they might be sent to the wars as it might please the King to direct.
Some of the wives of those transported to Ireland being great with child, and children at nurse, they could not trans- port them wholly, but the commissioners had taken bonds for their removing to Ireland in the spring. Many notable offenders, on hearing of their lives being secured to them, yielded themselves to be transported with such as were in restraint at Carlisle.
The length of this service had arisen from the backwardness of the country with the contribution and the cunning of the Greames pretending to gain their crop. This they have got for the bettering of their estate from the Earl of Cumberland, whose officers, by the clamour of the Greames and the Com- missioners' entreaty, had been enforced to yield the same, so that his Honour for that year could have little profit of that his seignory.
The Commissioners enclose the Articles they had made with Sir Rafe Sidley for the good usage of those transported, and had given 300l. into his hands to be employed in settling the Greames.
Nearly 200l. remained still to be levied off the country, and might be employed to transport the rest of the Greames or others. And albeit, Eske, Sarke, and Leven were reason- ably well purged of evil men, yet were there remaining in Bewcastle Office and Gillisland divers fit to follow those that were then transported. The country had no good opinion of the services of the captain of Bewcastle for their good.
The Commissioners had provided for the conducting of the Greames to the port of Workington. They carried with them many horses and much household stuff.
Sir Rafe Sidley had taken view of their houses upon Eske, and had advertised the Commissioners that he had plenty of wood and timber in Ireland. With small allowance made for building of their houses, they might make themselves sufficient houses according to the manner of the country. That was the cause of such allowance they had set down for them for that purpose.
Divers of the great thieves were unmarried persons, yet, to encourage them to remain in Ireland, they had made them allowances towards planting there.
There were yet remaining outlaws, the sons of Walter Grame of Netherby; three sons of George Langtowne, and three brothers of Wills Jocke, deceased, and some of their sons; as also Jock of Galloway and Geordie Sandie, and divers others.
And so, with remembrance of their humble duties, they took their leave.—Carlisle, 13 September 1606.
Signed: Hen. Carliolen, Ch. Hales, Willfryd Lawson, Joseph Pennington.
Pp. 2½. Examined copy. Endd.: "The commissioners of the Middle Shires to the Earl of Salisbury."
874. Sir Arthur Chichester to the Earl of Salisbury. [Sept. 27.] S.P., Ireland, vol. 219, 115.
Has strained himself to give his Lordship satisfaction in some points of His Majesty's late instructions, and his own frequent directions and those of others of the Council; and prays to be excused in transmitting his collections in loose papers by Mr. Birchinshaw to be perused by his Lordship and the Lord Treasurer; for if made more public it will increase the malice which some have already conceived against him, and must be distasteful to those who are interested in the reducement.—Dublin Castle, 27 September 1606.
Pp. 2. Hol. Sealed. Add. Endd.: "Sir Arthur Chichester to the E. of Salisbury."
875. The Archbishop of Dublin (Lord Chancellor) to the Earl of Salisbury. [Sept. 27.] S.P., Ireland, vol. 219, 116.
Has lately had some reference with one Evers a young man born in Meath, near to his late dwelling at Arbrachan, who hath served under the Archduke, and is recently returned, having procured a passport by reason of his sickness. Knew the young man very well before his going, and takes him to be of an honest and dutiful disposition, as are the rest of his family. Questioned him therefore touching the carriage and disposition of such gentlemen of this country as serve the Archduke, and especially of such as were born in the Pale, naming unto him the Lord of Gormeston, his brother, William Darcie, one Cusacke, Delahide, and others. He answered that they all serve in a regiment under Henry, the Earl of Tyrone's son, and that he discerned amongst them all that they carry most malicious hearts to this State, and live there in daily expectation of some stirs in Ireland that they might come hither to second them ; that when it was reported there that M'Guyre and M'Mahon were entered into rebellion, they con- ceived great joy, and made means to the Archduke that they might be sent over to assist them ; and that those who were born in the Pale do carry as hateful a mind to the King and this State as the mere Irish do, to bring it under Spanish government.
Albeit he has no doubt Salisbury has far better knowledge of these things than he himself can learn ; yet has thought it his duty to acquaint his Lordship with this man's relation.Dublin, 27 September 1606.
Pp. 2. Hol. Sealed. Add. Endd.: "Thomas of Dublin to the Earl of Salisbury."
876. Mr. Birchenshaw's Petition to the Lords, according to his instruction from the Lord Deputy of Ireland, 29th September 1606. [Sept. 29.] S.P., Ireland, vol. 219, 117.
Humbly beseeches their Lordships in behalf of the marshal- men, now serving His Majesty in the realm of Ireland, accord- ing to instructions therein received from the Deputy of that kingdom.
His Majesty was pleased lately to reduce the pay of both horse and foot soldiers in Ireland. Both services very willingly accepted this reduction ; but upon experience and trial therein, they now find how far they are unable to live and maintain themselves upon the small means and entertainment, and the rather for the following reasons:—
1. How sparingly the pay comes to their hands, for most of the officers protest that some in three quarters of a year, and some in a whole year, have received no part of their pay or entertainment.
2. The general waste and decay of the people and kingdom, which yields not that abundance which it did in former times.
3. The general backwardness and hard hearts that the natural Irish bear to the soldier ; who in former times would have carefully relieved them without money, but now will hardly for their money succour them either with meat, drink, or lodging.
The effects hereof (though not so needful then as now) moved the late Queen to increase both horseman's and foot- man's pay, and those of the servitors, as may appear by her letter of the 12th November 1582.
Prays their Lordships to move His Majesty to continue the entertainment of his servitors as the said letter intendeth, and also in particular for the poor soldiers, who for these 10 months have had no means to repair their last winter's suit of apparel, but are now ragged, rent, and torn, resembling rather diggers and labouring men than brave soldiers and men fitting the service of so great a monarch. Neither shall His Highness sustain loss by increasing the private soldier's entertainment, by reason that the increase of 2d. per diem to 880 footmen in list will produce per ann. 2,676l. 13s. 4d., and the composition money amounteth to the sum of 7,700l., which is given for the country in regard the soldier shall not be burdensome unto them by way of cess ; and if for want of sufficient means the soldiers shall be forced to succour themselves upon the country, then the country will give over the payment of the composition. For the private captain will never from his own purse refresh the soldier or repair his wants, but leave him to live upon his own pay ; and if the soldier find slackness, he will plead "Need hath no law," and then will follow :—
1. Robbing and perhaps murder.
2. Discontentment to the country and their revenge.
3. Discouragement and desperate resolution in the soldier.
4. Encouragement to secret practisers, as priests, Jesuits, seminaries, and working Irish.
5. Shameful ends to many soldiers.
Leaves this to their Lordships' consideration, adding withal that if the captains, officers, and soldiers be timely paid, he will see either that they be complete in their strengths or that what shall be wanting in their numbers His Majesty shall find in the cheques.
The fort of Halebolinge is in a decayed condition ; advises either that it be repaired or that the garrison be withdrawn.
Suggests the same for the fort of Castle Parke, a place lying in the neck of land near Kinsale, having a constable, lieutenant, gunner, and 20 warders.
The Lord Deputy, with a view to retrenchment, finds that the several wards hereafter mentioned may be reduced, viz.:—
The ward of Laughline [Leighlin], whereof Nich. Bagnall is constable, and now consisteth of one constable and 20 warders, may be reduced to a constable and 10 warders.
The ward of Wexford, whereof Sir Rich. Masterson is commander, and which now consists of 10 warders, may be reduced to a constable and a porter.
The palace of Carrigfergus, whereof John Dalloway is constable, and which now consists of one constable and five warders, may be reduced to a constable and a porter.
The fort of Dungarvan, whereof Sir George Carey is constable, and which now consists of one constable and 20 warders, may be reduced to a constable, porter, and 10 warders.
Limerick Castle, whereof Sir Francis Barkely is constable, and which now consists of one constable, a porter, one cannonier, and 28 warders, may be reduced to a constable, porter, cannonier, and 20 warders.
The abbey of Boyle, John King, constable, and which now consists of one constable and 15 warders, may be reduced to a constable and 10 warders.
The castle of Moyrie, Captain Smith constable, and which now consists of one constable, porter, and 16 warders, may be reduced to a constable, porter, and 12 warders.
And so His Majesty's charge will be lessened.
Further, the Deputy, being careful to prevent any danger that may happen by sudden attempts of rebels, finds it convenient for His Majesty's service to strengthen the several places hereafter following, being places most necessary to prevent danger, viz.:—
To have a ward at Colerane of 10 men.
A ward at Sligo of 10 men and a constable.
To have a ward at Buirisolle [Borrishoole] of 10 warders and a constable.
And if it please His Majesty to determine Halebolinge and Castle Parke be given up, the Lord Deputy thinks meet that then some allowance may be given to such as shall take the charge on those places, and the constables of those forts, namely, Sir Francis Slingsbyes (sic), and Captain Skipwith, being gentlemen of good desert, may either have a pen- sion of 100l. the piece per annum, or else may be made constables of Sligo or Burrisolle [Borrishoole] at 6s. 8d. the piece per diem.
Also the Deputy holds it convenient to increase the pay of the 10 warders now at Dublin Castle, and of the porter of the palace of Carigfergus.
And as the forces are garrisoned and laid far in the country, and his Lordship's own company of horse and foot at Carig- fergus, and as he may thus on a sudden require some compe- tent number of men to be ready for any special service; and as these parts about Dublin, Tredagh, Newry, &c. are full of traitors, felons, seminaries, priests, and Jesuits, and sudden accidents may happen for the evident apprehension of such men, it were very necessary that the Deputy had at all times attending him a guard, to consist of a drum and serieant, and 18 soldiers.
And as His Majesty by his letters of the 25th June last gave direction for the discharging of sundry persons re- ceiving fees and entertainments, some holding them by patent during life, some by patent during pleasure, and some by patent during good behaviour, his Lordship requireth to be informed whether he shall discharge those by patent during good behaviour, notwithstanding the letters of the 25th of June directeth the contrary.
Prays also to have directions as to a pension of 4s. a day granted to William Bourke, in reversion to John Ashe.
And, as in consequence of the disorder of the city of Dublin, as well by receiving idle and suspicious persons, as by the continual flocking of priests, seminaries, and Jesuits into that town, drawing and alluring the citizens there to privy masses and private meetings, notwithstanding many proclamations and warnings given by the Deputy and State for the contrary, the Deputy is forced to entertain a provost marshal at 4s. per diem upon the King's charge, whereas, as the said provost marshal is appointed for the special good of the city and in consequence of their default in not themselves suppressing such dangerous persons, he [Birchenshawe] prays that order may be given that His Majesty may be disburdened of that extraordinary charge, and that the provost marshal may be maintained at the city's charge, with four sufficient men to attend him, at such rates as the Deputy and State shall set down.
Pp. 6. Endd.:"Mr. Birchenshaw's instructions, &c."
877. Revenues of Ireland for two years ending Sept. 29. [Sept. 29.] S. P., Ireland, vol. 219, 218.
Abstract of the revenues of Ireland for two years ending Michaelmas, 4 James I., amounting to 177, 895l. 16s.
P. 1. Endd.
878. Lords of the Council to the Lord Deputy and Council. [Sept. 30.] Philad. P., vol. 3, p. 137.
Recommend the Earl of Kildare, then returning to Ireland, to their care. His Majesty's favour and esteem will appear by a grant of land he had made to him. But by this letter they mean no particular recommendation of the cause long depending between him and Sir Robert Digby.—Hampton Court, the last of September 1606.
Signed: R. Cant., T. Ellesmere, Canc, J. T. Dorset, Lenox, Notingham, Suffolk, J. E. Worcester, H. Northampton, Salisbury, W. Knollys, J. Stanhope, J. Herbert.
P. ½. Orig. Add. Endd.: "From the LLs. of the Counsell, concerninge the Earle of Kyldare."
879. Lords of the Council to Lord Deputy and Council. [Sept. 30.] Philad. P., vol. 3, p. 135.
Acknowledge their recommendation of Captain John Pikeman's merits and services, but have refused him his demand of a pension. Have recommended him, however, for any ward that may fall vacant, without prejudice to any former direction in behalf of any man of merit.—Hampton Court, last of September 1606.
Signed: T. Ellesmere, Canc., Notingham, Suffolk, J. E. Worcester, H. Northampton, Salisbury, Knollys.
P. ½. Orig. Endd. by Sir Arthur Chichester: "From the LLs. of the Counsell, in behalfe of Capt. Pikeman. Receaved the 12th of Nov. following."
880. Observations regarding Mr. Bingly and Mr. Watson. [Sept.] S.P., Ireland, vol. 219, 218 a.
Reasons wherefore Mr. Bingly and Mr. Watson should not intermeddle any more with payment of bills of exchange or old debts due in former times.
Pp. 2. Endd.
881. Debts due in Ireland. [Sept.] S.P., Ireland, vol. 219, 218 B.
Memorandum of certain debts due in Ireland.
P. 1. Holograph in Salisbury's hand. Endd.:" Notes of Ireland."
882. A Defence of the Proceeding in the Castle Chamber of Ireland upon the Mandates. (fn. 5) [Sept.] MSS. Trin. Coll. Dublin. F. 3. 17.
The mandate containeth three parts: First, to attend the Mayor to the church ; 2°, to appear before the Lord Deputy in the church; 3°, to abide there during divine service. The first is an ordinary duty of every citizen towards the Magistrate, especially of the aldermen and better sort of citizens, and hath been time out of mind accustomed in that city. The second is also the part of obedience and allegiance of every subject to the King and his Deputy, which is merely of civil and not in any part spiritual ; both which also the parties utterly disobeyed, for they neither attended the Mayor nor went even so far as the church door, nor presented themselves before the Lord Deputy, neither in the chancel, church, nor elsewhere, which they ought to have done, and might have done without prejudice to conscience ; for which two said causes they were justly sentenced and have not colour to object against the same, the mandate being sent to none but to such as were aldermen or had borne principal office in the city, or were of the best sort.
And if the third part of the mandate, which is for abiding in the church during divine service, were spiritual or not examinable in a temporal court, yet the disobeying of the two first parts is no way privileged thereby ; for being commanded to perform their duty, the exemption of punishment for the one cannot dispense with the punishment due for the other two.
But they take it that the third part is merely a civil duty, and not spiritual, for it behoveth in proving an action to be spiritual, that it be proved that the nature of the action is spiritual; for the church being the place, the hour of saying divine service being the time, are but circumstances, and no part of the nature of the action. But the very action itself is the abiding in the church during divine service, which containeth no spiritual action therein, for he is not commanded to hear or give attention, to pray or yield adoration ; only he is commanded to behave himself soberly and modestly, which he ought to do at all times, and in all places.
And if it should be admitted to be an ecclesiastical action by reason that the circumstances are ecclesiastical, yet the King being supreme head in causes as well ecclesiastical as civil, his regal .power and prerogative extend as large as doth his supremacy. And the statutes give power to civil magistrates to inquire and punish, for the same is become temporal, or at least mixed and not merely spiritual.
Since the King's prerogative in causes of that nature cannot be gainsayed, why should any man demand a formal precedent of the exercise thereof in special, when it cannot be found that in either of both the kingdoms any like cause was at any time since the Conquest given before ?
For when the greater number of subjects make a general revolt from the law, then, lest the law should grow into contempt, it behoveth of necessity that the King do exercise his prerogative power until the laws have thereby recovered their strength and liberty, and that the greater number be reduced under them; which being brought to pass, there needeth no further use of the prerogative until a new and like occasion. The ground of which is set down by Bracton in these words: "Rex merito debet retribuere legi, quia Lex tribuit ei ; facit enim Lex quod ipse sit Rex." Bracton, Lib. 3°, fo. 137.
The name of mandate is general, and may be under the great seal, of which sort there are two; the first is a writ called Breve or Mandatum breve, which contains briefly the King's pleasure; the second are letters patent of grants, with clause of mandamus sive volumus, or prohibemus sive nolumus. So may it be under the privy seal or signet, or by the King's royal word, of all which sorts the precedents and authorities hereafter are.
All which bind the subject tam in foro seculi quam in foro cœli, when they are either express or tend to the glory of God or the good of the commonwealth. And yet this command of the King's extendeth not to compel the heart and mind nor the religion of the parties, but only the external acts of the body, which ought lawfully to be obeyed, except in two cases :—
The first, that the party be not drawn thereby into the danger of hypocrisy ; the second, if the doing thereof be not prohibited by lawful and by (fn. 6) authority.
For the first, if a Romist in religion do profess his own religion and protest against that of the State, yet hears their sermons and sees their service per viam obedientice, and not per viam comprobationis, until he obtain better satisfaction, he cannot be justly called an hypocrite.
For the second, if the priest have inhibited the repair of them to the State church, it is mandatum politicum, or as they say mandatum morale; lest they should be drawn in time to forsake their religion; which moral or political inhibitions, or rather counsels and advices, are not to be opposed against public positive laws and constitutions. For as the canonists say, "Consilium est voluntatis praiceptum verce necessitatis, prelatus non vult prœcipere sed potius consulere.:"
Certain Precedents concerning the same Proceeding.
It was by the common law free to every man to depart beyond the seas; yet if the King should by his writ or commandment directed to the party under the great seal or signet, or by his proclamation, command him not to depart out of the realm without licence, then if the party disobey that commandment, he shall be fined for that contempt. (Fitzherbert, Natura Brevium, 85 a. b., 12 et 13 Elizabeth, fo. 296, p. 19.)
In the time of King Edward 1st, Nicholas Sagrove passed over the sea not only without the King's licence, but being commanded the contrary ; the King being then in arms against his enemies. Whereupon the judges, having consulted thereon, gave answer that he was guilty of the loss of his life and goods, which judgment was commanded to be put in writing and to be held for law. (Matthew of Westminster, fo. 450.)
If any person be beyond the seas for cause of religion or other cause, and the King should send his special commandment under the great seal or privy seal, directed to him, commanding him upon his faith and allegiance to return immediately into the realm; if he refuse so to do, this refusal is a contempt; a precedent of which mandate appeareth in the case of Mr. Berty and the Duchess of Suffolk in the time of Queen Mary and in the time of Queen Elizabeth. (2 Eliz., Dyer, fo. 176, p. 30. 2 et 3 pet. in Dyer, 128, 61. 23 Eliz., Dyer, fo. 375, 21.)
In the time of King Edward 2nd, John of Brittaine, Earl of Richmond, was sent on a message into Gascony, who refused to return into England upon the King's mandate, for which all his lands and goods were commanded to be seized into the King's hands. (19 Ed. 2, in Scaccario ; and 3 pet. in Dyer, 125 b. c. 1.)
If the King with the great seal grant free warren unto any person in his demesne lands, in which grant the usual words are, that the King doth command that no person shall hunt in that warren upon forfeiture of 10l.; and if any be convicted of hunting in the warren, his fine shall be the greater in respect the trespass was committed in a warren contrary to the king's command. (13 H. 7., 16, 6. Fine pur contempt.)
In the time of William Rufus, Anselme the Archbishop departed out of the realm ; the King denied him licence, for which all the goods of his church became forfeited unto the King. (Matth. Paris, fo. 25.)
In the time of King Edward 3rd, the Abbot of Oswald was by the King's mandate commanded to repair unto the Parliament, but he, disobeying the same, was imprisoned. (44 Ed. 3., 24.)
In the time of Henry 3rd, Henry of Cornwayle was commanded by the King to attend at the Court, and not to depart without the King's licence ; but he, departing into Cornwayle contrary to the King's mandate, the King seized the Earldom of Cornwayle, and held the same for his contempt. (Rec. in Turre Londin., de temp. H. 3.)
Cistercian Abbots were by their order and vow bound at certain times to repair into Burgundy to visit their chief monastery at Cistercian (sic), but King Edward 1st, by his mandate restrained them from passing over the sea, which they obeyed, though the same was contrary to their order and vow. (Matth. Westmonast., fo. 387. Rot. Pat. in Turri Londin.)
In the time of King Edward 4th, the King granted under the great seal the office of measurer of cloths, and the King's mandate issued to the mayor and sheriffs of London to put him in possession, which if they neglected, it was a contempt. (11 H. 4., 86.)
In the time of King [blank] the 4th, one being judged to lose his hand for striking in the sight of the King's Court, a commandment issued under the great seal for the having physicians before the marshal at the execution in a readiness to stop the blood, where if they failed, it was a contempt. (Libr. Intr. in Contempt. 1 Ed. 4. Rot. 33, infra placita Regia.)
Queen Elizabeth granted licence to one Tothill to print all law books, with an express mandate in the patent whereby all others were forbidden to print the like ; whereupon one Bellew, an Irishman, caused another printer to print an abridgment of the reports of King Richard the Second, and departed into Ireland; but the printer being called into the Star Chamber, was there ore tenus, fined and imprisoned for disobeying the mandate; of which course of proceeding in the like mandates the precedents are infinite.
The Answer to certain Objections against the said Proceedings.
It may be objected, that if the refusing to repair to one church be so penal as to be made finable by the prerogative, that then in such case there needed no statute against recusants in England.
They answer, first, that this objection extends against the greatest part of the proceedings in the Star Chamber in England; for, if perjury, forgery, riot, taking away of maidens without their parents' consent, depopulation of towns, decay of tillage, engrossing of victuals, and such like, be punishable by fine by the King's prerogative in the Star Chamber, then what needed the several statutes ordained against those offences ? whereas it is manifest that the proceedings in censuring those enormities always were, before the making of those statutes, grounded upon the common law; and since the making of those statutes, the proceedings are grounded sometimes upon the one, sometimes upon the other, and sometimes upon both.
Secondly, that the prerogative punishments of the Star Chamber are not to be extended to all persons as the common laws are, but are to be used rather as exemplary than as penal, and to be exercised upon persons most eminent, and in causes most notorious ; whereas the common law is to be executed upon all persons in like sort, without any manner of differences.
Thirdly, that the cases in which the prerogative law is to be used, among others, and [are] these: First, when the common law and statutes inflict such easy punishment that thereby the people are not sufficiently terrified from offending; for redress whereof the prerogative course in the Star Chamber is to be used to stay the excessive increase of these offences until more severe laws be ordained ; secondly, when the Jaw and penalties are or seem to be competent for repressing offences, but yet, either by negligence of magistrate, or interruption by wars, or by some general alienation of the people's hearts, there is a general defection from all observance of those laws, then the prerogative law must take hold of the ringleaders of that defection, and never cease until, by severity of punishments, the laws be restored to their power. Both which reasons concur in this cause of repair to the church ; for although the Statute 2° [Eliz,] inflicts punishment upon recusants, yet the same is so meane, being but 12 pence in the week, that the richer sort rather despise than obey the same; and likewise, by the negligence of the clergy, and permission which the wars hath occasioned, and the universal defection of the subjects in the cause of religion, there is no help but that the King's power and prerogative must begin and make way for his laws, which being once placed, need no longer or other assistance but itself.
It may be objected, that it is unjust to command a man to come to the church or do any other thing against his conscience.
They answer, first, if the coming to church be commanded by the law of God, as they must not admit any opposition to the contrary in the government, for otherwise, if the laws were against the word of God, they were utterly void, for Acts of Parliament made against the law of God are void ; therefore, that being resolved, then if any man's conscience declare unto him that he ought not to go to our church, they say that though to do against his conscience is dangerous to him, yet he is bound sub pœna damnationis deponere conscientiam illam tanquam erroncam; so that it is a charitable thing, by terror of temporal punishment, to put such persons out of the state of damnation. Secondly, that since coming to church is become doubtful in a generality, the Protestants and main secular priests maintaining the same, and the Jesuits contradicting it, and the bishop of Rome not yet having decided the controversy, it cannot be but that in the knowledge and conscience of lay and unlearned men the same standeth yet as doubtful; then it followeth that such persons, being under the King's allegiance and under the obedience of his laws, are bound to deponere conscientiam talem tanquam minus instructam, and to submit their knowledge and conscience to the wisdom of their magistrate and commandment of the law, which they ought to do propter bonum obedientice, until by search and prayer the doubtfulness may be cleared. Thirdly, to allow that every man should exempt himself from the obedience of the law with a pretence of his conscience, were to give way to every private person to be freed from all public laws, so that be the law never so wise, wholesome, just, or godly, the commons and [foolhardy] people may discharge themselves of their duty by claiming or pretending the same to be against their erroneous or ignorant conscience, which is no other than to subject good laws to the will and pleasure not only of the wise but of the simple.
And if any should object that the same was never done before, nor any former precedent seen thereof, they submit that the like question should be demanded for a former precedent in the case of Mandesleye of Somersetshire, who was censured for depopulation of several tenements and not relieving the poor; the case of certain Norfolk men who were censured for ingrossing of corn; the case of certain Wiltshire constables and conductors who were censured for discharging of soldiers for rewards ; the case of a Somersetshire man who was censured for arresting and imprisoning one Stringer, a constable, for staying the party's corn in the market at Warminster, according to the Council's order, in the dear year; the case of Sir John Holis's tenants in Clement's Inn Fields, who were censured for erecting buildings contrary to a proclamation made in the county of Middlesex against the erecting of such buildings ; and divers other cases in the time of Queen Elizabeth, of which it were hard to show any former precedents in specie, although there are many in general.
Pp. 9. Copy. Not endd. or signed.