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James I: December 1608

Pages 107-125

Calendar of State Papers, Ireland, 1608-1610. Originally published by Longman and Co, London, 1874.

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James I: December 1608

187. Sir Francis Shaen to Salisbury. [Dec. 4.] S.P., Ireland, vol. 225, 272 B.

Complains of Mr. Patrick Foxe acting against him in his arrears in Longford. Offers certain explanations as to the rent-beeves of Granard. Intends to sue for a commission to inquire into the state of the rents of Granard.—4 December 1608.

P. 1. Signed. Add. Endd. Sealed.

188. King to Sir Arthur Chichester. [Dec. 5.] Philad. P., vol. 1, p. 282.

To grant to the Archbishop of Dublin, Chancellor of Ireland, in fee farm, the site, ambit, and precinct of the late priory of our Blessed Lady St. Mary the Virgin of Tristernagh, in the county of Westmeath, granted by the late Queen to Captain William Pierce by several leases for terms of years yet unexpired, which are now held by Henry Pierce, son of the said Captain William Pearce, to hold the said late priory to the said Archbishop, his heirs and assigns, in fee farm.—Westminster, 5 December, the 6th year of the King's reign.

P. 1. Signed. Add. Endd. Enrol.

189. Lord Chancellor of Ireland to Salisbury. [Dec. 6.] S.P., Ireland, vol. 225, 273.

Complains of Lord Howth, a nobleman who, though to his knowledge he never offended him, yet has heaped upon him such a number of imputations, and has taken such a liberty of inveighing against him, that he is become the subject of his idle talk in every place, and (as it were) a man exposed to his disgraceful usage. This dealing he has hitherto endured with patience, because he (Lord Howth) has brought Sir Garret Moore into some trouble, and lest he should appear to oppose Lord Howth. For this reason, as often as he has heard of any of his reports to his discredit, he has not only entreated the Lord Deputy to call Lord Howth and him (the Chancellor) before him, that he might give his Lordship satisfaction in his presence, but has also sent unto him several gentlemen of good sort, with protestation of his unwillingness to give him any cause of offence, and of his readiness to clear himself of any his conceits against him. But it has not served to abate the edge of his tongue, and therefore he has no other remedy but to bemoan himself to his Lordship, and to beseech him to read over the particular note enclosed of his several imputations, and of his answers to the same, and then to take them in his custody, to be showed in any presence he shall think fit, the remembrance of his daily and public employment in His Majesty's service, restraining him from the seeking of any other remedy. Prays that he may not on this wise be wronged, nor thus exposed to the idle devices of this giddyheaded lord, whom malice and not matter or ground of any of these imputations hath stirred up to exercise his patience, and (if it lay in his power) to work his downfall.—St. Sepulcher's, Dublin, 6 December.

Pp. 2. Signed. Add. Endd. Encloses,

190. Lord Howth's charges against the Archbishop of Dublin. [Nov. 9.] S.P., Ireland, vol. 225, 273 I.

A note of some unworthy imputations and untrue reports raised by the Lord of Howth against the Archbishop of Dublin, Chancellor, &c., together with his answers to the same.

1. First, Lord Howth, on the 5th November past, confessed before the Lord Deputy and himself (the Chancellor) that he had informed His Majesty and him (Salisbury) at his last being in England that he (the Chancellor) had used these words of him openly at his table, soon after his (Lord Howth's) last departure into England,—That he was gone into England purposely to break his (the Chancellor's) neck.

To this he answers, that this report was but an imagination of an idle head, and that it plainly shall appear so; for he affirms it upon his credit that he has seen a letter of the Lord of Howth's of a late date, to the Lady of Delvin, wherein he desires her Ladyship to send for her servant Ashpoole, and to procure him to become his author of that report, in which letter he promises the Lady upon his honour that he will not discover Ashpoole to be the author. Herein he calls the Lord Deputy to witness, to whom he showed the said Lord's letter on the 26th of November past, and his Lordship read it and well knew it to be the Lord of Howth's hand.

2. His second accusation is, that he (the Chancellor) has accused him that he resorted to a gentleman's house in Meath for the love of his wife to have his unlawful desire of her. And says that he has dishonoured him and made the world to conceive that he is a villain and unworthy of any society, on this manner to abuse his kinsman, and besides he affirmed before the Lord Deputy and himself on the 6th of November past that he had written to His Majesty that he (the Chan cellor) had done him this wrong, and so had made him hateful to all the Pale.

To this he answers, that the Lord Deputy having at his (the Chancellor's) entreaty called Lord Howth and himself before him that he (the Chancellor) might in his Lordship's presence give him satisfaction of his innocency therein, Lord Howth, in the Deputy's presence, charged him with being an author of that accusation, which he denied, and prayed him on his honour to let him know his accuser. He named the Lady Bellew, late wife to Sir Robert Dillon, a councillor of this state, and affirmed that she would justify that accusation. Whereupon, he (the Chancellor) sent a letter to that Lady on the 9th of November past, and received her ansner on the 10th. The copies of these two letters now sent will soon discover how much he hath wronged him in this imputation (not fitting with the gravity of his place), whereby he has endeavoured to withdraw from him the good opinion of all the gentlemen of the Pale.

3. His third imputation is, that he has dissuaded some gentlemen from joining with him in his accusation against Sir Garrett Moore.

To this he answered before the Lord Deputy and still maintains, that this is but the Lord of Howth's idle surmise against him, who has ever carried a different respect between his duty to his prince and his affection to his friend, and therefore he (the Chancellor) leaves Sir Garrett Moore to stand or fall according to his own deserts.

His fourth imputation was before the Lord Deputy and Council, on the 24th of November past, on which day, deeming that a sufficient number of jurors out of the county of Meath had not appeared in the Chief Bench to try two kerne upon those borders, presented by his Lordship, he burst forth into these words before the Lord Deputy and Council, "That such was the Lord Chancellor's greatness that the freeholders of Meath durst not appear; they stood in such fear and awe of him and of Sir Garrett." He answered him, that he did him wrong, for he had nothing to do in the matter. "No?" said the Lord of Howth; "you sent your son yesterday into the court openly to give countenance to the prisoners against the King, and he did there publicly speak to the judge in favour of the prisoners." He answered his Lordship, that if his son had done any such thing, it was done expressly against his direction, and he would severely punish him for it.

To this the answer is, that immediately after Lord Howth had charged him in this manner the Lord Deputy went into the Council Chamber, where instantly he (the Chancellor) wrote a letter to the learned judges of His Majesty's Chief Bench, desiring them to certify unto him the manner of his son's carriage in that court on the day before. The true copy of the letter sent unto them, and of their certificate again returned to him before he rose from the table, will very sufficiently clear his son and himself from this untrue accusation. And for his own part he has nothing to do with any bordering kerne, and whilst he lived in Meath he never affected any of them, but always from time to time used his best endeavours to procure their chastisement when they offended.

Divers other particular wrongs hath the Lord of Howth since his last coming out of England done unto him in the unbridled liberty of his tongue, which he forbears to write lest he should be too troublesome.

Pp. 5. Signed. Endd.

191. The Archbishop of Dublin to Lady Dillon (Bellew). [Nov. 9.] S.P., Ireland, vol. 225, 273 II.

Madam,—I commend me unto you, and do let you to wit that the Lord of Howthe hath charged me before the Lord Deputy that I have raised an accusation of him, and of Kate Fitton, tending to both their discredits; and he hath affirmed that your Ladyship is his author that I have so done, and that you did affirm to Kate Fitton that I did wish you to look unto her, for my Lord of Howth did resort to Riverstone for love of her, or to have his desire of her. Of these speeches your Ladyship is avouched to be the author, to which I have made this answer; first, that I do not remember to have used any such speeches to you, and, secondly, that if I used any words to you of any such matter or to any like effect, I did not use them in way of accusation, as God doth know it is a thing far from my meaning, having ever esteemed dearly of her. I do purposely send this bearer, your son-in-law, unto you, beseeching you to do me but this justice to let me understand whether you heard any such speeches from myself; what the speeches were, and in what manner I used them, and how far you hath charged me in this behalf; the doing whereof will give me great satisfaction, and I take this to be a charitable deed for you to perform unto your old and dear friend, who is not a little grieved to have an imputation laid upon him to this effect by the Lord of Howth, (my meaning and dealing towards that house of Riverstone) having been ever free from seeking their discredit in word and deed. So earnestly entreating your Ladyship's answer of this my letter, I commit you to God's tuition.—Your Ladyship's honest friend.—St. Sepulcher's, 9 November 1608.

Signed: Tho. Dublin, Canc.

P. 1. Copia vera.

192. Lady Bellewe to the Archbishop of Dublin. [Nov. 10.]

My good Lord,—I have received from you a letter the reading whereof hath bred both grief and amazement in me. It imports that the Lord of Howth hath charged your Lordship that you have raised an accusation of him and of Kate Fitton tending to both their discredits, and that he hath affirmed that I am his author that you have so done, and that I did affirm to Kate Fitton that you did wish me to look unto her, for my Lord of Howth did resort to Riverstone for love of her, or to have his desire of her. To these you desire my answer, and to these I make this answer. First, I call Almighty God and His angels to witness that in my life I never heard these words, the like words, or any words tending to any such matter or to any such like effect either from your own mouth, by message, or by any other direct or indirect means from you; secondly, I swear by Christ Jesu and as I hope to receive salvation to my soul, through His merits, I never charged you directly nor indirectly with any such matters or words to any like effect. I never, to my remembrance, had any speech with my Lord of Howth, nor saw him since my Lord Mountjoy's lying at Dundalke. I never affirmed to Kate Fitton that you did wish me to look unto her for that my Lord of Howth did resort to Riverstone for love of her, &c., or any words to that effect; and lastly, I say that for my Lord of Howth, I hope, when he shall call his better remembrance together, he for his part will clear me, and whosoever else hath charged me therewith or made me author thereof, doth most maliciously, falsely, and uncharitably wrong me, and of some wicked pretence doth endeavour to bring me into your mislike, who hath been my patron since the death of my dearest husband. I must acknowledge your wonted readiness to show your faithful love and favour to the house of Riverstone and to mine own particular, and therefore the least testimony of thankfulness that I can show to you is at any time or before any presence to clear myself and free you from this imputation, which thus far I do now under the signature of my name as I used to write it, and at all other times will do the like in my person and upon my corporeal oath, which before this bearer I have taken. I beseech God to bless your Lordship from the power and malice of any that would hurt you.—Bellewston, 10 November 1608.

K. S.

Copia vera. Signed: Tho. Dublin, Canc.

P. 1, on back of preceding letter. Endd.

193. The Archbishop of Dublin to the Judges of His Majesty's Bench. S.P. Ireland, vol. 225, 273 III.

I commend me unto you, where I am advertised that my son Roger Jones did yesterduy in His Majesty's Bench use some speeches unto you in favour of the prisoner at bar to the hindrance of His Majesty's service. I do earnestly beseech you under your hands to certify the truth hereof unto me in what manner, speeches, or behaviour my said son did misbehave himself, wherein I desire your present satisfaction under your hands, an imputation being laid upon myself for this matter. Herein I desire your present answer.—From the Council Chamber this instant Thursday. I beseech you to write your answer under this my letter.—Your loving friend,

Signed: Tho. Dublin, Canc.

Copia vera.

The answer of the Judges of His Majesty's Bench.

May it please your Lordship, we have examined ourselves and conferred with Mr. Solicitor who attended that arraign ment, and cannot find nor observe that Sir Roger Jones in the time of his tarrying in the court yesterday used any word or action in favour of the prisoners, and if we had noted any or had been probably informed thereof we would reprove and fine that fault therewith as were befitting, which we humbly certify and take our leaves, remaining at your Lordship's command.

Dom. Sarsefyld,

Christopher Sybthorpe.

Copia vera. Signed: Tho. Dublin, Canc.

194. Lord Deputy and Council to the Privy Council. [Dec. 7.] S.P., Ireland, vol. 225, 274.

It appears by the commission for taking accounts here, which has now been sent, that neither the account of the Treasurer, long since in the auditor's hands, nor the accounts of Sir George Bourchier and divers other, at this present tendered, can be taken by such of them as are now within the realm, their number being but four, to wit, the Chancellor, Chief Baron, one secretary, and Auditor Ware; all the rest (as their Lordships know) being absent or deceased, namely, the Chief Justice, the Master of the Rolls, Sir Geffrey Fenton, Sir James Fullerton, and Auditor Peyton, and the commission requiring five. Conceiving it to be greatly prejudicial to His Majesty's service if these accounts should be delayed, they suggest the authorising of some others of the Council here, or the surveyor (whose predecessor formerly was in that commission) to be added to the rest, or else by renewing the commission to any four, whereas it is now to five. In the meantime such of them as are commissioners will get ready the Treasurer's account, having better leisure and convenience this vacation between Michaelmas and Hilary terms to dispatch businesses of this nature, than in other vacations when such as are judges must go in circuit. They further desire to know their pleasures, whether Sir Neale O'Donnell, Sir Donnell O'Cane, and the other prisoners now remaining in this Castle of Dublin shall this next Hilary term be proceeded against by law, according to the evidence which they think will reach to their conviction, as they signified by the Lord Chief Justice and Sir John Davys at their going from hence, to prevent the hazards depending on their imprisonment by practices to escape. In that event they desire likewise that Sir John Davys, now there, may be returned hither by that time to enforce the evidence for the King, as best acquainted with that business and best able to effect it, being matter of good moment for His Majesty, and not fit to be neglected, which they may not forget to recommend unto them.—Dublin Castle, 7 December 1608.

Signed: Arthur Chichester, Tho. Dublin, Canc., Thomond Th. Ridgeway, Humfrey Winche, Ad. Loftus, Ry. Cooke.

Pp. 2. Add. Endd.

195. Sir Arthur Chichester to [Salisbury]. [Dec. 7.] S.P., Ireland, vol. 225, 275.

Repeats the request of the Council for a new commission for taking accounts, or the returning back to Ireland the commissioners then in London.

Sir Humphry Winch, Chief Baron of the Exchequer here, has been informed from thence that Sir James Ley, the Chief Justice, is to be preferred to some place there, and to return no more hither. Perceives by him that he better affects the place of Chief Justice than this of the Exchequer. He is a learned and upright gentleman. Is of opinion that a more fit man can hardly be sent from thence; if there be any such exchange, a man well experienced in the course of the Exchequer there should succeed him, for his carriage in that court must bring [greater] profit to His Majesty than any in this kingdom.

The Lord of Howth has now made known to him that he will not proceed against Sir Garrett Moore here, but will prosecute his accusation there before the King and their Lordships. He will go hence (as he says) soon after Christyde, of which he prayed him (Chichester) to take notice and to make the same known to him. Has required Sir Garrett Moore to prepare himself for the journey. The Lord of Howth has by his own tongue declared that he is the discoverer of the treason, and that the King has given him a reward for the same, of which and divers other passages in that business, both there and here, it is said he spares not to speak. Sure he is it is generally spoken of, and he knows it could not proceed from any here, but from (Howth) himself. Has oftentimes brought the Lord Chancellor and him together in order to reconcle them, or at best to discern the cause of their difference, as he (Salisbury) directed. The Lord Chancellor has cleared himself in the points of his accusation. The intemperate Lord will receive no satisfaction; but, as his dislike was grounded upon suspicion, so it is vainly continued by him, saying he has acquainted and will again acquaint His Majesty with the Chancellor's carriage; which he delivers in so threatening a manner (arrogating to himself great interest in His Majesty's favour), that it troubles the Chancellor not a little, and the more so that he makes but a merriment of that which so greatly grieves him. If the King should hear and believe this man's accusation, he would condemn all men that did not run one course with him, which is very vain and foolish.

Has reduced all the companies according to the list; but some of the discharged men are yet in the kingdom, some for want of passage, others by reason they lay in garrison, from whence they cannot be withdrawn until the rivers fall, which have of long time been impassable in the North, whereby the charge will be somewhat increased. Complains of being again in great want of money. All parts of the kingdom are in quiet, and the heads or bodies of the late rebels in the North are often brought to him from sundry countries; there are not past three or four living of that wicked consort who are of any note or to be regarded, and these, he hopes, will not long escape him. The sooner the King disposes of those escheated lands the better, for the tenants, being without heads, withdraw themselves from those lands and scatter their goods into other countries. When the country is once waste, he fears the undertakers' purses will not reach to stock and manure it. This they may gather from the plantation in Munster, which is a better country and nearer the sun, and yet the King's rent is hardly made by the undertakers.

Ventures thus to write to him by every passage, which he does out of his love and duty.—Dublin, 7 December 1608.

Pp. 3. Signed.

196. Thomas Yonge, Vice-Treasurer of Munster, to Salisbury. [Dec. 7.] S.P., Ireland, vol. 225, 276.

Returns his thanks for his Lordship's past favours Has served his office faithfully, and requests a letter to the Treasurer. Has assisted Cottingham in his survey of the woods. Proposes that the chief woods and timber trees should be seized into the King's hands.—Dublin, 7 December 1608.

P. 1. Signed. Broad sheet. Add. Endd.

197. William Parsons to Sir John Davys. [Dec. 8.] Carte Papers, vol. 62, p. 329.

Upon the accident of the death of Sir Geffrey Fenton, his dear uncle, and the defect of a commissioner thereby for the accounts of the Receiver of the Revenues, Master of the Ordnance, and other accountants, it has pleased the Lord Deputy to consider of his just challenge to be a commissioner of those accounts, as he is officer of the surveys; for by that office Sir Geffrey Fenton first came in, and before him was Alford, the surveyor, a commissioner likewise. The Lord Deputy has now written by himself for him in that behalf to some of the best here, and to the same end have the Council here recommended him to the Lords there. He must therefore, now, before he thought it, be a humble suitor to his Lordship to urge on the business by his good word, if he find occasion, whereby he doubts not but the matter will succeed much the better. Thought not to have been a suitor herein till next summer, when he intended to have come into England recommended; but this occasion thus preventing him, thinks he cannot find better opportunity; wherein if his Lordship will be pleased to assist him with his word, he shall be for ever bound (as for many other his favours) to do him all the honest services he can here. And thus being over-bold with him, yet presuming out of the knowledge of his own heart towards him, he takes leave.—Dublin, 8 December 1608.

"I beseech you, sir, if any commissions come over for survey or disposing His Majesty's lands here, let me be remembered for one commissioner, as all my predecessors in office have been; and for my ability and travail in those services I refer me to yourself."

P. 1. Orig. Add. Not endd.: "To my very worie freind Sr John Davies, Knight, His Maties Atturney Gen'all of Ireland at London."

198. Captain Richard Tyrrell's Articles against Sir Garrett Moore. [Dec. 13.] S.P., Ireland, vol. 225, 277.

"I, Captain Richard Terrell, of Kilteefany, in the county of Cavan, Esq., do take it upon my conscience, and will at all times be ready to aver and swear these articles following against Sir Gerald Moore, Knt.:—

1. First that the Earl of Tyrone challenged the Captain that he was to betray him in the end of the last rebellion (a little before the said Captain's submission) to the Lord Lieutenant, and the Captain denying it, then the Earl took it upon his oath and honour that his intimate dear friend Sir Gerald Moore sent to him private and special intelligence that he should beware of Capt. Terryll, who seemed to be his friend, but was to betray him, for he was to receive his pardon from the Lord Lieutenant. The Earl was a subject when he affirmed this to the Captain.

2. The Lord Bishop of Kilmore sent his letter by Philip M'Tyrrelaght Brady to Sir Gerald Moore, requiring him to apprehend Mulmory M'Edmond Reough O'Rely for committing a horrible murder, and being then ready to run into rebellion; and the said Captain and Philip did then affirm so much to Sir Gerald, who sent for Mulmory's father and threatened to commit him to prison unless he would bring in his son; whereupon the father sent a dun horse to Sir Gerald for befriending himself and his son, which he received, and accordingly performed; for although the son at the same time came privately unto him, he never questioned with him for those offences.

3. The said Captain, inquiring of Connor M'Killerhuskby, who was foot-boy to Magwyre, that went beyond sea, and was with him at the time of his going, where the said Magwyre had money to defray his charge in that journey, the said Connor told him that Sir Gerald Moore's lady gave Magwyre at the time of his going 30l., and wished that his brother Brien should give all the hawks in Farmanaghe to Sir Gerrald.

4. That Shane M'Brien O'Rely, being in this last rebellion with Brien ne Shafeghe, that was a proclaimed traitor, and assisted O'Dogherty, Sir Gerald Moore from time to time relieved and helped the said Shane. And for the better demonstration of the truth, and that he will justify the premises, he has hereunto put his hand the 13th of December 1608.

P. 1. Endd.: "The copy of Capt. Terrell's articles."

199. Report of the Commissioners for the Customs of Ireland. [Dec. 16.] S.P., Ireland, vol. 225, 278.

Subscribed: Lawr. Tanfield, John Doddridge, Henry Hubarte, James Ley, Anth. Sentleger, Jo. Davys.

Pp. 3. Add. in heading: "To the Lord of His Majs. Privy Council." Endd.

200. Lottery suggested for Proportions in the Ulster Plantation. S.P., Ireland, vol. 225, 279.

A course for division of that which is surveyed, in which these things may be avoided.

First. There must be several sorts of proportions.

Next. Some course would be taken that English and Scottish may be placed both near and woven one within another.

Thirdly. That the English and Scottish be next to rivers.

The Irish on plains.

The Capt. and servitors on the borders and near the Irish.

The manner to be by lottery, viz.:

All the lands proportioned, to be put in several scrolls.

Those scrolls to be wrapped in wax in balls of three bigness.

In the big, the best proportion, and so in order.

All these to be put into one box.

In Tyrone there are—

Great proportions 9 2,000 acres.
Middle 12 1,500 "
Less 38 1,000 "
59 proportions.
Of ecclesiatical lands to the BB [Bishops] 13,200 "
Proportions 37
Of these 37 proportions, allotted to incumbents.
To the incumbents 5,040 "

The BB [Bishops] say this last portion is taken from them, and therefore moved that a portion may be deposited till that be cleared.

Pp. 2. Endd.: "Memorial for Ireland concerning the plantation. Bishops' Alienation." (Seemingly in hand of Cecil.)

201. The King to Sir Arthur Chichester. [Dec. 20.] Philad. P., vol. 1, p. 284.

Having had proof of the service of Sir James Ley, late Chief Justice of the King's Bench in Ireland, and now of late having had speech with him concerning the affairs of that State, the King has taken such a liking to him and such an opinion of his ability to do him service, that he has made choice of him to serve in a place of great charge in this his kingdom of England, which is the place of Attorney of the Court of Wards. He has accordingly discharged him of his place of Chief Justice of the King's Bench of Ireland, and has appointed thereto Sir Humphrey Winch, now Chief Baron of the Court of Exchequer there, who is to have the King's letters patent for the appointment.—Westminster, 20 December, in the 6th year of the King's reign.

P. 1. Signed. Add. Endd. Enrol.

202. Project for the Plantation of Tyrone. [Dec. 20.] S.P., Ireland, vol. 225, 280.

Report to the Privy Council by the committee appointed for considering the project for distribution and plantation of the escheated lands in the county of Tyrone, stating the division of the lands, the rents and tenures, the description of persons for undertakers, and the articles to be entered into.— 20 December 1608.

Signed: James Ley, Anth. Sentleger, Henry Docwra, Ol. St. John, Ja. Fullerton, Jo. Davys.

Pp. 9. Endd.: "Project for the plantation of Tirone."

203. Countess of Tyrconnell's Pension. [Dec. 22.] Warrant Book, 2, p. 57.

Warrant to pay 200l. yearly pension during pleasure to Bridget, Countess of Tyrconnel, widow of the late attainted Earl of Tyrconnel.

204. Objections of Sir John Davys against Assignments in Ulster by Lottery. [Dec.] S.P., Ireland, vol. 225, 281.

"A view of Irish plantation" objecting to the proposed assignment of land by lot. Proposes to extend the plantation to the whole of Ulster. Suggestions on the best mode of locating undertakers, servitors, and natives, and on the general policy to be pursued.

[There is no date to this paper, but it bears evidence of being the production of Davys, and that it was subsequent to the first proposition in Tyrone, 20 December, and prior to those made for Ulster generally in January following.]

Pp. 3. Endd.

205. Florence M'Carthy to Salisbury. [Dec.] S.P., Ireland, vol. 225, 282.

Submits to his Lordship the substance of the following petition, enlarged and enforced by sundry representations.

P. 1. Add. Endd. Sealed.

206. Petition of Florence M'Carthy. S.P., Ireland, vol. 225, 283.

To the right honourable the Earl of Salisbury, Lord High Treasurer of England.

The humble petition of Florence MacCartie, prisoner in the Tower.

Humbly shewing his being restrained here close at the first when he was sent over, and after his removing from the Fleet about three years, which brought him so diseased that his life was hardly preserved in the Marshalsea, where he was afterwards kept three years and seven months, until he was, above three years past, removed hither again, and kept close ever since, to the undoing of him and three young sons that he maintains, his eldest son being dead here, and himself grown so diseased that he has never enjoyed his health any long time ever since.

Forasmuch as the suppliant was pardoned by the late Queen, and as the Lord Viscount Roch, O'Sulivan More, and the White Knight are bound for him, he therefore humbly beseecheth that it will please his Lordship, of his honourable and accustomed favour towards him, so far to commiserate his life, now in his extreme misery and dangerous diseases, as to further his removing to some other prison in hope that his life may be preserved, and he shall ever pray.

P. 1.

207. Lords of Council to Sir Arthur Chichester. [Dec. 26.] Philad. P., vol. 3, p. 355.

Mrs. Chishall, the wife of one William Chishall, has been there soliciting to have the suit pending between her husband and Sir Richard Boyle and one William Ball, referred to the arbitration of Sir Thomas Parry, Chancellor of the Duchy; but the proofs and evidence on both sides being in Ireland, he (Sir Thomas Parry) could not proceed, but has drawn them to agree to refer all controversies to the President of Munster.—Whitehall, 26 December 1608.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, T. Suffolke, E. Zouche, A. Knollys, E. Wotton, E. Worcester, Thos. Parry.

P. 1. Add. Endd.: "26 of Decr 1608, fro the Lls. of the Councell in the cause betwixt Sr Richard Boyle, Mr Chishall, and others."

208. Lords of Council to Sir Arthur Chichester. [Dec. 26.] Philad. P., vol. 3, p. 357.

Have received the proposed new Establishment brought by Sir Oliver St. John; and though the amount is very great, yet, considering how necessary it is to support the plantation now in hand, and to extirpate a company of traitors, His Majesty approves the establishment as now sent, while he (Chichester) must confess there was cause to reduce it to the present state. The Lord Chief Justice and the AttorneyGeneral have declared unto them at the Council Board, what arrears are paid in both Exchequers under the Commission of Arrears, what sums have been installed and remitted, what further charges cleared by virtue of that commission, and what fines and rents have been raised upon grants under the Commission of Defective Titles and Surrenders.

Also the state of the King's Commission of Bonnaght of Galloglasse, upon certain of the Irish in the counties of Wexford and Carlow; as to which latter it is His Majesty's pleasure that it shall be remitted, and that the like composition shall be from henceforth discharged, to be reduced to a moderate increase of the ordinary cesses in those two counties. New rules for the Exchequer have been drawn by the Chief Baron, and allowed by the Treasurer and Chancellor of that court. The Chancellor has been requested to certify to the Chancery of England the terms of such letters patent as have been granted here of lands and offices in Ireland for the better answering of such fines, rents, covenants, and provisoes; which letters patents he (Sir Arthur) is requested to cause to be enrolled in the Chancery. The Attorney has been also requested to procure certificates into the King's Bench there of such attainders as have been had in England of any that have lands in Ireland, to the end His Majesty may be the better entitled and answered the rents and profits of the lands of the person attainted. Pirates are to be sent over for trial into England, for want of a statute such as that of Henry VIII. in Ireland, as directed in their late letter.

For the future no captaincies, seneschalships, justiceships of liberties, or receiverships of liberties are to be granted, on account of the inconveniencies arising therefrom. The arms of soldiers should, upon their discharge, be viewed and valued, and delivered according to that value to the Master of the Ordnance.

They will send special directions concerning the trial of Sir Neil Garvey and Sir Donel O'Cahan and the other northern prisoners, by the Attorney-General, who shall be returned thither as speedily as may be.

And lastly, whereas there is at this present some extraordinary scarcity and dearth of corn here in England, and they are informed that the plenty of that kingdom may well afford some good proportion to be spared from thence, he (Sir Arthur) is to give license for the transportation of so much to England as can be spared from that country. It will yield great relief to the maritime parts of England, especially near Bristol, where the want is greatest.—Whitehall, 26 December 1608.

Signed: R. Cant, T. Ellesmere, Canc., R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester, E. Zouche, W. Knollys, E. Wotton, Jul. Cæsar, T. Parry.

Pp. 3½. Add. Endd. (by Sir Arthur Chichester): "Of the 26th of Dec. 1608. From the Lordes of the Councel, in which sundrie points are tutched concerninge His Matie's service. Recd the 8 of Januarie."

"Entred with Mr Secretarie Cooke, concerninge the establishment."

"Ordinarie composition in lieu of bonnaghts. The buisness of arreares, defective titles of the Exchequer. Enrolment of grants made in England in the Chancerie heere."

"Pirates not triable heere to be transported."

"Captaincies, sheriffships, treasuresyps, nor receivershyps of liberties to be any more given."

"The armes of discharged souldiers to be valued and tourned into the Kinge's stores."

"The triall of Sr Neal O'Donnell and Sr Donell O'Cahaine to be deferred untill the retourne of the Attornie."

"Corne to be sent into Engld." &c.

209. Sir Charles Cornwallis to Lords of Council. (fn. 1) [Dec. 29.] Cotton MSS., Vesp. C. xi., 201, b.

Has been more graciously used of late than formerly by their Majesties and by the Duke. They seem satisfied with the integrity of His Majesty, as shown in the affairs of the Low Countries. Great secrecy observed in the Low Countries' treaty. Is daily soliciting in vain explanations of the sudden banishment of Nevill Davies. Can receive no answer to his complaint of their harbouring and enlarging their lands to Mack Ogg [M'Oghie], (fn. 2) so notoriously known to be a solicitor for Tyrone, and a writer against the King's estate. Is promised it after the vacations, as also in the case of Sir Edmund Baynham.

It is secretly whispered among the Irish here that one Neel Garrard [Garve] being delivered out of the Castle of Dublin, is again become a head of the northern rebels. Hopes they only speak as they wish, not as they understand. Is informed that, if the former rebellious rout (fn. 3) had been successful, some underhand help in money and munition would have been sent them; and that Tyrone is endeavouring to get the King (of Spain) to mediate for the restoration to him of his country, with the King's pardon and favour. Thinks the King will not interfere in a matter which he knows to be of so evil a savour in England.—Madrid, 29 December 1608.

Pp. 3. Copy.

210. Earl of Ormond and Ossory to Salisbury. [Dec. 29.] S.P., Ireland, vol. 225, 284.

The President of Munster, who is now upon his repair thither, can at large acquaint him with the state of all matters in this province; so that he shall not need to trouble him, but must not omit to let him understand that this nobleman has so worthily carried himself in his charge as he has got the good opinion and love of the noblemen and others within his government, that they are very sorry for his departure. Wishes that His Majesty may return him hither again in his gracious favour, his sufficiency in martial causes and otherwise is so well known to him (Salisbury). Perceives that (under His Majesty) he makes his special account of Salisbury's favour. For his own part, remains the same in love to his father and himself since his first acquaintance with him, and wishes there was some good occasion offered wherein he might manifest it.—Carrick, 29 December 1608.

P. 1. Signed. Sealed. Add. Endd.

211. The King to Sir Arthur Chichester. [Dec. 30.] Philad. P., vol. 1, p. 284.

To make a lease for 40 years to Ambrose Aphugh, gentleman, of the dissolved House of Loath, he surrendering a lease thereof made 28th October, in 7th of Queen Elizabeth, made by the said late Queen to one John Wakly for 40 years, to commence on the determination of a former lease made to said John Wakly, which lease is now in the possession of said Ambrose Aphugh; this favour to said Ambrose being in consideration as well for his service, as of his father's, Rice Aphugh, who was Provost Marshal of Ireland to the said Queen.—Westminster, 30 December, in the 6th year of the King's reign.

Pp. 1¼. Signed. Add. Endd. Enrol.

212. The King to Sir Arthur Chichester. [Dec. 30.] Philad. P., vol. 1, p. 286.

Directing a remission of the arrears of rent due by Arthur Denny, Esq., out of the lands he holds, or which his father held, pursuant to the terms of the certificate of certain of the judges to whom Sir Arthur referred his petition. He is also to be allowed to surrender such of the lands which he holds as are not seignory lands, and to have a new grant of the same at the ancient rents and tenure, preserving also the composition, or an equivalent increase of rent.—Westminster, 30 December 1608.

P. 1. Signed. Add. Endd. Enrol.

213. The King to Sir Arthur Chichester. [Dec. 30.] Philad. P., vol. 1, p. 290.

Sir Richard Masterson alleging that he and his father had been for many years past in possession, under a lease from the late Queen for 50 years, still unexpired, at 30l. a year and 10 pecks of corn, of the lands of Ferins, Cloghamon, Ballycommon, the two abbeys of Ferins and Down, and the lands to them belonging in the county of Wexford; and that in the defence of the King's title, he and his father have been in suits of law for 30 years past, and as yet the suit for Ferrinhamon and other land held of the Crown is still pending in the Exchequer; and that of late he has spent large sums in building up of the Castle of Ferns, being one of the King's ancient castles of defence in those parts against the Irish, whereby the King was eased of the ancient charge of a constable's fee and ten warders; nevertheless, Lord Audley, by means of a letter from the King, has obtained a grant in fee-farm of the Castle of Ferrins and the demesne lands, being the strength and countenance of all the rest, at the rent of 10l., although Sir Richard Masterson and his father, with hazard of their lives and loss of their kinsmen and servants, have so long time defended the same, so that he fears the rest of the lands may in like manner be passed upon general warrants, if he be not relieved. Finding by due certificate these allegations to be true, and that he and his father have merited well of the Crown to the effusion of their blood, as well in that county of Wexford as in other parts of that kingdom, and that Sir Richard Masterson is better able to defend those parts than any other, he (Sir Arthur Chichester) is to cause the King's grant to be made to Sir Richard Masterson, in fee-farm, of the lands of Cloghamon alias Farrinhamon, Ballynemore alias Barronscourt, the two abbeys of Ferrin and Down, and of all other lands he holds in the county of Wexford from the King, for an estate for years, at the ancient rent, excepting the lands granted to Lord Audley. And Lord Audley having by the King's gift the reversion of the Castle of Ferrins and the demesne lands, which, with the customs and duties of the lands of the Kinsellaghs, yielded the King an entire rent of 10l. Irish yearly, Sir Richard Masterson undertakes to pay the same rent, over and above his former rent, on the determination of his said lease for years.—Westminster, 30 December 1608.

Pp. 2. Signed. Add. Endd.: "Of the 30th December 1608. From the Kinge's Matie, in the behalfe of Sir Ri. Masterson to have the fee-farme of Cloghamon, &c." Enrol.

214. The Earl of Tyrone's Titles. S.P., Ireland, vol. 225, 285.

Excellentissimus dominus D. Hugo magnus Onellus Princeps Ultoniæ, Comes Tyroniæ, Baro Dungannin, &c.

P. 1. Endd.: "1608. The Earl of Tyrone's titles which he giveth himself.

215. Demand of Sir Thomas Ridgeway for Portage. S.P., Ireland, vol. 225, 286.

Being a certain allowance upon every 1,000l. of treasure carried into Ireland.—[1608.]

P. 1. Endd.

216. Memorial for the despatch of Irish Affairs. S.P., Ireland, vol. 225, 287.

The charters, franchises of Limerick, remission of fines for recusancy.

P. 1.

217. Oration in Honour of Tyrone. S.P., Ireland, vol. 225, 288.

A most lewd oration made, as seemeth, before the fugitive Earls beyond the seas.

Pp. 2. Latin. (fn. 4)

218. Translation of the foregoing Oration. [Jan. 25.] S.P., Ireland, vol. 225, 289.

If any victory has been gotten within the extent of man's memory which has shewed the admirable power of God and declared of what consequence the valour of stout soldiers and the singular wisdom of leaders is, doubtless that which of late years was obtained against the most cruel and mortal enemies of the Romish greatness. . . . . . . For what excellent kind of more than human glory can be found out which all people that embrace pure religion, and more particularly the whole kingdom of Ireland, may give as competent and due to other renowned captains of Ireland, who used their main care and industry in that battle of Portmore in favour of the Romish religion, and principally (Sir Hugh O'Neale) to the valiantness and feats of arms. You have not been ignorant of the singular affection and goodwill which the said country in general hath borne unto you, and now you might most evidently perceive it, when, as at your departing thence for Spain, such excessive lamenting and floods of tears arose in every corner of the whole kingdom; as though your funerals had been deplored by your dearest and most special friends. All the nobles of the land desired to relinquish wives and children and try all the darts of fortune; yea, even to end their lives in any part of the world for your sake; had they not been barred of their wills therein, all of them reputing you not only for one of the chief captains of the kingdom, but for the soundest and arch column of their lives and religion. But, alas! since your departure the enemies of sincere religion triumph by reason of a late victory, and, as bloodthirsty men, do boast in shedding those wretches' blood. Can you (most famous Earl) endure this so great indignity, being yourself expelled out of the limits of your abiding place by the English tyranny, whose cruelty Christ hath compelled you to suffer, not for that he was offended with your crimes, but was estranged from us for our sins, and, by the dominion of the English, would give us notice of his will and punish us after our merits, while you defended us not. But now I will return to your memorable act exploited in the battle of Portmore . . . . . . We all remember what terror possessed Ireland when the Earl of O'Neale first enterprised the war, what was their poverty, and how unserviceable weapons were; how their courage was daunted, and how few young men were found apt to perform things stoutly and hardily, and on the contrary, how opulent the enemy was. . . . . . .This only virtue and courage (O'Neale) made them so confident as to wage war of your own accord with the Queen, seeking to suppress the Romish religion, by which this deed an infinite number of thieves mustered and assembled by the Queen's Majesty, after that they were loaden with the spoils of all the rest of the Irish, turned their arms to the extinguishing of this most holy Earl of Tyrone and invaded his country with their vain forces, having pitched their camp at Portmore. Not content therewith, they arrogantly presumed to bear away in their hands the whole country. . . . . . . But thou, as a worthy Earl, relying only on God's assistance, with thy small company of Peter's ship, manfully and stoutly put to flight thy enemy's forces, and without any great slaughter of thy soldiers slewest upward of 50,000 of thy enemy, and tookest prisoners above 3,000 of the principal captains of the garrisons, and gainedst 300,000 ancients and trumpets, and didst set free 2,000 of the chiefest Irish captains, insomuch that of so huge a multitude of enemies scarce a few, and they of the meanest soldiers, saved themselves by flight. . . . . . .What mortal man who was not present at that combat would not wish to lose five of the years that he hath to live in this terrestrial life upon condition that he might see those things that were performed that day? . . . . . . This thy worthy fact (O'Neale), did curb the enemy's courage. . . . . . . Through it the neighbour woods did ring with their howlings, some of them lying a dying, and other some sorely wounded; through it our soldiers learned to vanquish, and the English to be vanquished. . . . . . .

But to return to you (Hugh O'Neale), neither doth Ireland doubt, neither will any people or nation doubt, or specially the Church of Rome, that they owe much more of this perpetual honour unto you than they can perform. You thought it your duty to fight for the love of Christ, even then, when the whole nobility of Ireland was obedient to the English tyranny, when there [was] question of consulting of the most important business, you gave such instructions as shewed your high wisdom, accompanied with great magnanimity of courage. When certain difficulties happened which brought the state of your proceedings into eminent hazard, having assuaged and calmed their boiling minds by your grave and wise speech, fitted to the time, you took away the cause of the evil that began to spring out. Through your persuasion your soldiers went eagerly to the battle, and, imitating your example and footsteps in the midst of the same, did nothing esteem the force of their enemies' weapons, for they bare to Christ. I myself have oft heard of a stout warrior whose singular valour hath been tried often in other combats, and chiefly in this how great a part you had in that expedition as well in giving counsel as employing your endeavours. Tibbot Bourck, the governor of this our province, reported very honourably and worthily of you to all men. This man, I say, being such as that neither mine nor all other men's praise can equal his worth, said that your care in plotting this conspiracy of war, your industry in giving counsel, your wisdom and the highness of your courage, your fortitude and alacrity in suffering all toil, far surpassed all others; yea, that you were one that induced him and all others to make war, and were chief author of the conquest; all which thy acts, though they were unusual and famous, yet distressed Ireland doth now look for at your hands far stranger and excellent; for it sufficeth not to have once subdued the enemy and chased him out of the borders of that kingdom, but you must wrest this afflicted country (which at length, by reason of the sins thereof is come into the power of cruel tyrants) out of their jaws and impious dominion. For this cause doth Ireland lift up to you humbly suing hands, hoping that you will speedily succour her, and beseecheth you, by Him who hath suffered death for all of us, that you will not leave her any longer under the unworthy oppression and bondage of faithless enemies. In former times the Irish were affranchised from a hard and tedious slavery by a British captain. In these our days the Irish may be freed by you, an Irish captain, from a stricter and longer thraldom.

Pp. 5.

219. Petition of John Aston (Brother to Sir Arthur Aston) to Salisbury. S.P., Ireland, vol. 225, 290.

For license for 12 years to export from Ireland 2,000 lasts of salt hides and 3,000 tuns of rendered tallow, at a rental of 800l. per annum.

P. 1. Signed. Add. Endd.

220. Petition of Captain John Baynard to Salisbury. S.P., Ireland, vol. 225, 291.

For consideration of his services in Ireland. His plan for planting garrisons in the North.

P. 1.

Footnotes

  • 1. Printed in Sawyer's Memorials of State Affairs, vol. ii., 467.
  • 2. The original of the name now known as Kehoe or Keogh.
  • 3. O'Dogherty's rising.
  • 4. Delivered at Douay, on occasion of Tyrone's visit.