BHO

James I: March 1609

Pages 153-184

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

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James I: March 1609

282. Sir Thomas Ridgeway to Salisbury. [March 1.] S.P., Ireland, vol. 226, 38.

Calls for a further supply of treasure, as the proportion last sent was wholly insufficient.—Treasury by Dublin, 1 March 1609.

P. 1. Signed. Add. Endd. Encloses,

283. Estimate of Charge for Ireland. S.P., Ireland, vol. 226, 38 I.

Estimate of such sums as will be due for the remainder of the quarter ended last of December 1608, as also for the due for the half year ending June 1609, together with allowances for extraordinaries.

Signed by Chichester and Ridgeway.

P. 1. Broad sheet. Engrossed.

284. Charge of the Army in Ireland. [March 1.] S.P., Ireland, vol. 226, 39.

Charges of the army and forces in Ireland for 10 years and three quarters, ended 30 June 1606.

1 broad sheet. Endd. (Engrossed).

285. Abstract of Charge for Army. [March 1.] S.P., Ireland, vol. 226, 40.

Abstract of the above.

P. 1. Endd. (Engrossed).

286. Release of Sir John Davys from the Serjeantcy. [March 3.] Docquet Book, March 3.

Release to Sir John Davys from all attendance and service that he ought to give or do, by reason of his being a serjeant-at-law, and also from wearing a serjeant's coif.

Docquet.

287. The King to the Lord Deputy and Chancellor. [March 3.] Philad P., vol. 1, p. 298.

The cities of Dublin, Waterford, Cork, and Limerick, the towns of Drogheda, Galway, Wexford, New Ross, Youghal, Kinsale, and Knockfergus, have, by their direction, sent over agents to receive a final order as to the customs of the ports; and among the points in which they sued for His Majesty's favour was a suit for the renewal of their charters of incorporation and confirmation of the ancient liberties, with addition of reasonable franchises. Inasmuch as they have proved conformable in the matter of the customs, His Majesty has thought fit to direct the renewal of the charters, with reasonable liberties, reserving his interest in the great and petty customs, and the subsidy of poundage and tonnage.

He directs that, for the benefit of the said cities and towns and the general good of the provinces of Munster and Connaught, his justices of assize shall make circuit twice each year, in the Lent and in the summer vacation, in these provinces, and shall hold the sessions in the several counties thereof.

His Majesty has learned that most of the lords and gentlemen, both of the Irishry and the degenerated English, have surrendered their lands to the Crown, and have taken back estates, to hold them according to the course of law, with reservation of rent and tenure to the Crown. His Majesty is gratified by the success of the Commission, and directs that they shall proceed to accept the surrenders of such others in Munster and Connaught as have not yet taken the benefit of it.

Consulting for the safety of the records, which have hitherto been exposed to much danger and insecurity for want of due custody, His Majesty directs that a suitable room shall be provided in the Castle of Dublin for the custody of the records, in which, having been viewed and sorted, they shall be preserved in some press or chest, with two locks and keys, one to be in the charge of the Chief Justice and one in that of the Attorney-General, as is provided in England.— Westminster, 3 March, in the 6th year of the reign.

[A marginal note in the handwriting of Sir A Chichester is appended to the clause reserving the great and petty customs to the Crown, directs "this part of the letter to be inrolled in the Chauncerye, with the date of the letter."]

Pp. 1½. Orig. Add. Endd. Enrol.

288. Sir Arthur Chichester to Salisbury. [March 7.] S.P., Ireland, vol. 226, 41.

The enclosed was delivered to him (Chichester) on the 4th instant by one Thomas Nugent, a gentleman of good estate in the county of Westmeath. For the matter therein contained, albeit he knows his Lordship does not esteem of the tale nor the talker, yet will it show how unfit a man that Lord is to be trusted with matters of secresy, and how full of fiction and vanity his discourses are among his familiars. There are sundry other tokens and testimonies which will manifestly declare himself to be the discoverer of that which he conjures others to keep secret; but he (Chichester) thinks them not fit to be published to his further shame.—Dublin Castle, 7 March 1608–9.

P. 1. Signed. Sealed. Add. Endd. Encloses,

289. Thomas Nugent's Relation. S.P., Ireland, vol. 226, 41 I.

Thomas Nugent's relation of a conversation with the Lord Howth, in which Howth said "the King had granted him 1,000l., but the little Treasurer had deceived him of 300l."

P. 1. Signed.

290. Sir Thos. Ridgeway to Salisbury. [March 9.] S.P., Ireland, vol. 226, 42.

Sends a person over to England on affairs of his office; will, on his Lordship's recommendation, follow the course for borrowing money.—Treasury by Dublin, 9 March 1608[9].

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

291. Sir Arthur Chichester to Salisbury. [March 9.] S.P., Ireland, vol. 226, 43.

Received on the 6th hereof the imprinted books concerning the plantation of the escheated lands, together with two letters from his Lordship, the one importing a suit to His Majesty for a grant of a new imposition upon hides, and a license for yearly transportation of 40,000 for 31 years. This poor kingdom is infinitely bound to his Lordship for having so great a care to make stay of such suits until he be informed whether the granting thereof will stand with the good of the Commonwealth and with the condition of the times. By the next he shall understand what he (Chichester) conceives of the suit, he not having yet had sufficient time to inform himself therein.

The other letter evinces so vividly his care to supply this poor army with money from time to time as he is thereto enabled, that nothing is more grievous to him (Chichester) than to write of that subject, but the poverty of the soldier who, for want of his week's allowance, must either fast or fall upon the country, and the people's exclamation when anything of theirs is taken wherewith to relieve them, sometimes enforces him to touch that untunable string; and he fears his letters now and then come unto his Lordship when the King's coffers are not sufficiently stored, which makes the motion the more harsh.

Before the receipt of those letters Mr. Treasurer had made an estimate what money is and will be due to the army to the last of June next, according to the Establishment; to which were added allowances for extraordinaries, gifts, rewards, carriages and transportations, works, fortifications, and many things else incident to the charge of a kingdom; and finding the same justly laid down for as much as concerns the Establishment, and the rest as necessary and available for His Majesty's service, and for the preservation of the peace of the kingdom as the charge of the Establishment itself, he (Chichester) has thereto subscribed with him, and prays his Lordship to supply them accordingly as soon as it may be convenient. In the meantime they will make the best shift they may; and Mr. Treasurer, to whom he has imparted the contents of his Lordship's letter in that point which concerns him, will take up all the money he may upon his credit, to be repaid there.

Now for the money demanded for the works and fortifications, his Lordship knows well that to lay men in places unbuilt and indefensible were dangerous, and a consumption of money to no purpose. By present disbursement of so much money His Majesty will be eased of a continual-eating charge of patching and daily amending of them; and when they are once built, and others already built are sufficiently repaired, he (Chichester) will provide the best he may to have them kept so without further charge to His Majesty, by laying land unto them where it is the King's so to dispose, or by binding the constable, before he be admitted to have the pay and command of the place, to perform that duty upon his own charge, unless some extraordinary accident shall happen, beyond the compass of his ability to repair. These wards, with some few others, once made strong and established, (for all which he demands not half so much as Sir Josias Bodley did by his estimate,) and the escheated lands of Ulster being distributed and planted, he conceives His Majesty may then ease himself of a good part of the charge of his army, as long as they are assured that they receive no hurt by Tyrone's return or by foreign invasion; but he sees not how the forces can be diminished with safety until that Ulster business be fully perfected.

Has carefully endeavoured to make the best of all escheats and other casualties for His Majesty's profit and advantage, and, notwithstanding the troubles in Ulster by O'Doghertie's revolt, has raised 2,000l. out of Tyrone's living (only) since he went hence, and at Easter another half year's rent is to be paid. Has made the counties of the north to pay betwixt 400l. and 500l. for the pardons of certain persons for whom they made suit, who are men of no note nor substance, and has taken assurance for their future loyalty of each barony in which any of them were born.

If Mr. Treasurer were supplied from thence quarterly according to the Establishment, and with the 1,000l. for extraordinaries, these and other sums of this nature might be converted towards the works and other unexpected charges which this miserable and unprofitable kingdom necessarily requires; but when the soldier wants his weekly allowance, all the money they can raise must be converted towards their reliefs, the same being accounted for before the Commissioners here, his endeavours in this kind are seldom made known, nor can they appear to his Lordship; neither do they know what is brought into the receipt but by the declaration of the receiver or his deputy, for there is no officer of the Exchequer that can charge him therewith, which is a point worthy of consideration and to be remedied. For albeit Mr. Treasurer (who is likewise Receiver) be a very worthy and most upright gentleman, yet, seeing he cannot attend that service in person at all times, he cannot foresee and prevent the abuse and deceit of inferior officers, to which they have in this kingdom of long time been inured.

Suggests that, if the Commissioners of the accounts were required to bring the charges and discharges to the Lord Deputy before they perclose the accounts of any kind, it would be for His Majesty's profit; and albeit he may of himself call for them (as sometimes he has done), yet for many considerations he had rather it should come from his Lordship's directions.

Prays him to burn this paper.—Dublin Castle, 9 March 1608[9].

Pp. 4. Signed. Add. Endd.

292. Sir Arthur Chichester to the Privy Council. [March 10.] S.P., Ireland, vol. 226, 44.

Has received, with other letters that arrived on the 6th instant, the printed books formerly promised by their Lordships, containing the orders and conditions for the intended plantation of Ulster, much amended in some points, and in many respects compared with that other first project drawn by some of the Privy Council of this realm now in England, and the Attorney of the same, for the plantation of the county of Tyrone only.

Has published it everywhere to as many as may best impart His Majesty's royal intention therein, and to all others to whom it may appertain. What this will work in the minds of men here is not known yet; but the other manuscript induced only two men likely to undertake lands and to perform the conditions. Though this other is more to be approved, as being more large as to the manner it is set down, yet, foreseeing the great difficulties and incommodities thereof likely to arise to hinder this plantation, he has thought it his duty to give his opinion concerning the same in some few particulars; not doubting but their Lordships will pardon him if he shall but offer of his best, tending to the furtherance of so good a work for the public benefit and the satisfaction of private persons whom His Majesty intends thereby to encourage and gratify.

First, concerning the quantities of the proportions to be distributed, it is true that by former letters he had generally advised and wished that these escheated lands of Ulster might be divided and passed to as many particular persons and into as many small parcels (to be held in free estates) as conveniently might suffice every man; the which he has found to have been in some sort observed in this project; yet he prays their Lordships to understand that he meant it not to be in the arithmetical proportion or popular equality, which is here laid, but rather to have held much more of that other proportion of distributive justice which was anciently held in partition of common treasure and lands conquered, and which always respected every man's particular well-doings, merits, and quality, as duly appertaining to every one in terms of right. The wisdom and good discretion to be used in the well mixing and tempering of these two proportions, is the only thing which can produce that content and harmony which is to be wished in this plantation; and it is a point of so great consequence, that it concerns the very making or marring of it, as also the well managing of the state of that unruly province ever hereafter. Therefore, to express his meaning therein more plainly and without shadows, and yet with due reverence to their Lordships, he holds it expedient and necessary that there should be a difference made of the undertakers, such as the observation of the parts of a commonwealth and of every private family naturally offers to every one of us, to be considered of and imitated. Principal men of worth, reputation, or discourse, such as are able to draw many civil and honest men of all sorts and conditions to follow them into Ulster or any part thereof, there to settle themselves and their fortunes under them, for the opinion they may conceive of their wisdom and justice, would be admitted to have greater portions of lands than other inferior persons, who, though they wish it well, yet have neither men at their devotion, goods, money, nor credit to inhabit half a balibetaghe, and who may not with reason affect to hold so much immediately from His Majesty under these conditions. Considers again that eminent persons and powerful must be the sinews, or rather the cyment [cement], to be applied to hold the rest of the parts together; without which it will be like a dry wall, subject to every injury, and in the end to separation and downfall in very short time. Daily experience here teaches that the new comers will be undoubtedly robbed and oppressed by the natives, if they be not countenanced by the best, and for a long time supported with a strong hand. His advice, therefore, must be this; that this class of undertakers should have such quantities of lands (though not entire and lying together, yet separate) as each will assume to settle and inhabit, some more, some less, as shall be thought meet; and that they again, if they shall undertake for much, shall be enjoined to make a certain number of freeholders under them, of such parcels of lands as they shall be induced to do out of a second consideration and due respect of every man's worth and quality; and further, to accomplish all other reasonable or needful conditions within some time conveniently limited. This, in his opinion, does no whit destroy, but rather furthers, their Lordships' intention concerning the other proportions, con sisting of three accords only, that is to say, of 1,000, 1,500, and 2,000 acres laid down in the project for every man. Provided always, that other consideration be had concerning the natives generally, who should not exceed the proportions already laid down for them, and some of whom ought to have less.

Now for the manner of allotment. It seems that for the avoiding of emulation and controversy, which otherwise might happen by choice, it must be decided by lot: which is an exceeding good course, he confesses, and practised with wonderful success by the wisest law-giver that ever was; and he heartily wishes that the times and occasions were now such as might cause it to take effect in this intended plantation. But their case is very different. The Hebrews were mighty in numbers and rich in substance; compelled into the land of promise, by divine necessity, to extinguish the nations and to possess their vineyards, cities, and towns, all ready built, where, and not elsewhere, they and the[ir sons'] posterities were to remain. But in the present plantation they have no armies on foot, they are but a few, without means of plantation (as being separated by sea), and every man having free will to take or leave. The country to be inhabited has no sign of plantation, and yet is full of people and subject, but of no faith nor truth in conversation, and yet hardly, or not at all, to be removed, though they be thorns in the sides of the English. The county of Tyrone, with Colrane, only has 5,000 able men, by which their Lordships may likewise consider of the rest. Another notable inconvenience, which he has lately found and considered of in this manner of allotment, is, that kindred, friends, and acquaintance, who otherwise for their mutual comforts and supportation shall affect and purpose to dwell near together, will by this means be far separated asunder. These considerations, and many others, do, in his judgment, make this manner of division at large very improper for them. But if His Majesty and their Lordships shall hold it convenient to stand as a public act, it should be then considered what places in each county are fittest to be inhabited by the new undertakers; and therein the principal seats ought to be so well chosen, for the two first sorts of them, both in consideration of State and for their private satisfactions, that none may be justly displeased with the lot of their inheritance in the county where they shall affect to dwell, which he must conceive to be their Lordships' intention; and this was his meaning when he first gave that advice. Herein, as in many things else, there can be no certain rules so set down, but that much must be left to the discretion of the commissioners upon view or examination.

The states and rents are not justly to be excepted against, for it appears plainly, as His Majesty graciously professes, that of his princely bounty, he does not respect his own profit therein, but the public peace and welfare of his kingdoms and subjects; only the time of freedom is generally thought to be too short.

But as to the tenure by knight's service in capite and of the Castle of Dublin, every man regards that as the hardest and most unfit condition that may be; for which reason they cast off all thoughts of acceptance of such portions. And this the rather because all grants of lands in Leinster ever since His Majesty's time have been passed in free and common soccage. Moreover the undertakers of Munster, who have greater benefits of sun, sea, and land, and who there found castles and houses in great numbers ready built, hold by no other tenure. Of these two, men make a precedent in this; as also concerning the right of transporting all commodities growing and rising out of their lands, as the undertakers of Munster may, by their letters patent, do.

The next thing that discourages and will discourage men to engage in this plantation is the short limitation of time wherein they are enjoined to build their castles, houses, and bawns, without distinction as to who may dwell within or near the woods, and who may dwell 20 miles off; nor yet of the workmen, who cannot be here found sufficient for so many and great works at once for any price or reward. Wherefore this condition is to be respectively enlarged; for they must presume that every new undertaker will provide for his own security and that of his tenants with all expedition possible after his settling down upon the place of his habitation, for which there should be a certain time limited.

Thus much of his own opinion concerning the articles, conditions, and orders contained in the book. He will add this one thing;—that, forasmuch as this plantation is of the nature of those things that are to be wished, rather than hopeful to be effected, their Lordships would be pleased to leave very much to the discretion of the commissioners to be appointed, both for assignation of greater quantities of lands to the forts now in use, and for any other place needful to be specially provided in that behalf, and also to the ministers, since their glebe lands are like to be their principal maintenance. Likewise the bishops' lands may perhaps require some alteration in regard of convenience or other circumstance concerning the Termon lands. It should be also left in the power and discretion of the commissioners to provide so sufficiently for the natives as shall be then thought requisite. There are many more of them claiming and in expectation of freeholds than seems to have been considered of; specially those of the counties of Cavan, Fermanagh, and Donegal, who are still, as they allege, to be accounted freeholders, notwithstanding the offices taken after the killing in rebellion of their several chieftains or the attainder of any of them, the under-tenants;— many of them, claiming and being in possession of freeholds at this day, not escheated, as they affirm, notwithstanding the proceedings against their said chieftains.

Albeit that in the written project there was some respect had of the natives of Tyrone, yet the quantity of lands and the number admitted to become freeholders was thought very small. At which, as well as at the report which was spread touching the removing of the swordmen or idle gentlemen, who, in effect, are the greatest part of men bearing credit and sway in that province, they were all so incensed, as he was credibly informed, that he has since studied to qualify them. To which end, and to rid the jails of a great number of prisoners, he has sent the judges thither in circuit, and into all the other counties of Ulster, contrary to the custom of this time of the year, and has instructed them to declare that the King is graciously pleased to settle every principal man in a competent freehold, according to their respective merit and quality and the experience or hope to be had of their future service and loyalty; which shall appear at this time in nothing more than in their submitting themselves to the good will and pleasure of His Majesty, who knows so well how to rule, that all men in reason and duty must obey him.

He has given order likewise for a fresh disarming of the swordmen, who had got some store of arms together upon the defection of O'Dogherty; and this is already in some good forwardness to be effected.

Is of opinion that but a very few here will bear any part in this intended plantation, for they are all either not able or not content to undergo the conditions. Upon the coming of the commissioners he will endeavour to do his uttermost, according to the latitude of the instructions now and then to be sent in that behalf. What cannot be accomplished at that time must be referred to a further deliberation.

Thus much he has thought fit to deliver to their Lordships, without any further protraction of time, as being agreeable to his duty and trust, with protestation that whatsoever he has said is only meant to give their Lordships whereof to think concerning the perfection of so good a work, and without any intention to prejudicate the noble and princely resolution and courses which have been taken or may be taken in that behalf;—herein acknowledging his own weakness and ignorance in the inquisition and decision of these deep mysteries of State, what the truth may be, and where it lies hidden, having observed that in all like human actions (besides all other difficulties hindering their perfections), truth and error, good and evil, are found to be so like and nearly joined together, that many times the one has been simply mistaken for the other. So, humbly craving pardon of their Lordships in this behalf, he recommends the same to the Divine protection, and what he has said to their better consideration and wisdom. —Dublin Castle, 10 March 1608.

Pp. 6. Signed.

293. Sir Arthur Chichester to Salisbury. [March 10.] S.P., Ireland, vol. 226, 45.

Recommends Mr. James Carroll to succeed Sir James Fullerton as Muster-master-General and Clerk of the Check; Sir Wm. Usher to succeed Sir G. Fenton. Sends herewith a copy of the decree of the Court of Castle Chamber in the cause betwixt the Earl of Kildare and Sir Rob. Digbye.— Dublin Castle, 10 March 1608[9].

Pp. 2. Signed. Add. Endd.

294. Earl of Thomond to Salisbury. [March 10.] S.P., Ireland, vol. 226, 46.

Gives an account of the affair of taking the pirate Jennings and his ship.—10 March 1608[9].

Pp. 2. Signed. Add. Endd.

295. Earl of Thomond to Sir Thomas Smyth (one of the Clerks of the Privy Council). [March 10.] S.P., Ireland, vol. 226, 47.

Has lost the use of his right arm in boarding the vessel of the pirate Jennings. Enters into particulars regarding the disposal of the ship.—10 March 1608–[9].

P. 2. Signed. Add. Endd.

296. The King to the Lord Deputy and Lord Chancellor. [March 10.] Philad. P., vol. 1, p. 300.

At the suit of Sir James FitzGerald, Knight, and in consideration of his faithful service in the late wars, the spoiling of his lands, and the murder of his father and mother by the rebels, the King directs them to accept surrender of his house, castle, and town of Ballysonan, and to re-grant the said castle and lands and that of Coshogcowllie for ever in fee simple, to be holden of His Majesty's Castle of Dublin in free and common soccage.—Westminster, 10 March, in the sixth year of the reign.

P. 1. Orig. Add. Endd. Enrol.

297. Sir Dominick Sarsfield to Salisbury. [March 10.] S.P., Ireland, vol. 226, 48.

Repels some underhand complaints made against him by the Lord Roche regarding the purchase of some lands from Sir Robert Ashfield.—Dublin, 10 March 1608[9].

P. 1. Signed. Add. Endd.

298. Examination of Christopher Eustace. [March 10.] S.P., Ireland, vol. 226, 49.

The examination of Christopher Eustace, gent., taken by the direction of the right honourable the Lords of His Majesty's Privy Council in the Council Chamber at Whitehall, 10 March 1608[9].

Was with the Lord of Howth at Slane when the Lord of Howth and the Lady Moore came to Mellifont together, and the Lord of Howth sent him from Slane towards the borders of Meath. Upon the way met with a gentleman's boy (which gentleman he refuses to name) carrying letters to the Lord of Howth, which letters he took from the boy, and taking the boy with him, went with the letters to Mellifont with a purpose to deliver them to the Lord of Howth. Alighted from his horse, which he delivered to the boy and went into a ditch on the west side of the garden there, with a purpose to untruss a point, and being on the outside of the ditch he heard the Lord of Howth and Sir Garrett Moore talking upon the walk where the willows grew; whereupon he descended into the bottom of the ditch and hid himself, and they staying over against the place where he then was, he, this examinate, heard Sir Garrett Moore say, that if God had not prospered this action which Tyrone had then in hand, they should have been all made slaves and conquered; for it was a long practice in England, and that if all would stick firmly to Tyrone he would make them as free a state as the Low Countries; for he was much surer of foreign forces than now he is, and of the assistance of the country, since this punishment for religion has drawn the hearts of all the people from the King; and it is an easy matter to compass what they intend, for the King is not valiant; and for his own part he would hazard all his fortunes to take part with Tyrone in this action. And walking a little further, and turning back again, he heard him say, "Well! your Lordship shall hear strange news within this month or six weeks:" and so they walked away and he heard them speak no more. Whereupon he re-delivered the letters to the boy, and willed him to bear them to the Lord of Howth and tell him that this examinate had been there, and hoped that the Lord of Howth had received a dispatch of his business in those letters; and if he has not, that the boy should bring him word and he would be upon the borders the next day by eight of the clock in the morning. This examinate further saith that he never told these speeches to any man but to the Lord of Howth, which was shortly after his return out of England, when he was delivered out of the Tower.

Being demanded whether he heard Sir Garrett Moore say that the King was not wise, he saith he doth not remember directly any such word.

Being also demanded whether he knoweth of any displeasure between Sir Garrett Moore and himself, he saith he knoweth none nor of any cause of displeasure, unless Sir Garrett Moore bore him ill will, suspecting that he knew of the foresaid speeches; and being demanded how Sir Garrett might conceive any such suspicion, he saith he knoweth not how, unless his own conscience did move him thereunto.

Being also demanded why he did not go into the house and deliver the letters himself, having come out of his way and made a journey on purpose; his answer is, that he was so offended with the foresaid speeches that he was unwilling to go into the house.

Being demanded whether he knows that Sir Garrett Moore knew of his being at Mellifont at that time, saith he doth not know.

Being demanded whether he put the foresaid speeches in writing, he saith he never put the same in writing himself, but about a month after that he first told the same to the Lord of Howth; being with the Lord of Howth in his study at Howth, he repeated the said speeches again to the Lord of Howth; and whether the Lord of Howth then put the said speeches in writing or no he knoweth not; but withal he saith that, since he came now last to London, he put the said speeches in writing and delivered the same to the Lord of Howth.

Being lastly demanded whether he heard Sir Garrett Moore use any of the like speeches as aforesaid at any other time or in any other place, he saith he never heard Sir Garrett Moore use the said speeches or the like at any other time or place.—Christ. Eustace.

Subscribed: James Ley, Anth. Sentleger, Jo. Davys.

P. 1. Endd.: "The examination of Christopher Eustace, gent., touching the accusation of Sir Garrett Moore."

299. Interrogatories ministered to Sir Garrett Moore, Knight, on His Majesty's behalf, concerning such matters wherewith he standeth charged. S.P., Ireland, vol. 226, 50.

1. Imprimis: at what time or times was the Lord of Howth with you at your house of Mellifont within the compass of two years last past?

2. Item, whether did the said Lord of Howth walk with you in your garden at Mellifont at one of those times when he was with you there; if he did, how long did you walk together there, and in what part of the garden?

3. Item, whether at that time when you walked with the Lord of Howth there, did you see one Christopher Eustace, gent., in or near the said garden?

4. Item, whether at that time when you walked with the Lord of Howth there, did you see one Francis Annesley, gent.; in what part of the garden were you when you saw the said Annesley, and did the said Annesley see you or speak with you at that time?

5. Item, what speeches did there pass between you and the Lord of Howth when you walked together in the garden, or to what effect were your speeches at that time?

6. Item, whether did you at that time or at any other time say unto the Lord of Howth, that the Earl of Tyrone was past all his greatest cares, for that Tyrconnell did assure him that Delvyn and the said Lord of Howth were joined with him in the action which the Earl then intended; and that he feared none to take arms against him, now that he was sure of these two, or other words to the like effect?

7. Item, did you at that time or at any other time say unto the Lord of Howth that Tyrone was the only hope this poor kingdom (meaning the kingdom of Ireland) had for their relief, upon their then extremities, and that the time fell out well for those plots which Tyrone had then in hand in regard of the discontentment of the whole kingdom for the persecution of religion, which was a comfort to him, the said Tyrone, together with the assurance he had of foreign forces to assist him, whereof he had notice from one Father Florence, or words to the like effect?

8. Item, whether did you at that time or any other time say unto the Lord of Howth that you for your own part had deserved well of the Crown of England, yet did you never receive any favour or countenance from thence but what you bought with your purse; and that you knew it was only for the love your father, your brother, and yourself did bear unto Tyrone; and that you, for your own part, would run the same fortune Tyrone did, for that you were sure he would carry that kingdom with the plot he had then in hand, and make that State very happy, or words to the like effect?

9. Item, did you at that time or at any other time say unto the said Lord of Howth that, if good should not prosper the action which Tyrone had then in hand, we should be all made slaves and conquered, for so it had been long practised in England, and that, if all would stick by firmly to Tyrone, he would make the State of Ireland as free as the States of the Low Countries; for that Tyrone was never so assured of foreign forces as then he was and the assistance of the country, since the punishment for religion had drawn the hearts of all the people from the King, or words to the like effect?

10. Item, did you not at that time say unto the Lord of Howth that as for the King himself (meaning his most excellent Majesty), he is neither wise nor valiant, and that it was an easy matter to compass that which they (meaning Tyrone and his complices) did intend to do, and that you, for your part, would hazard all your fortunes in the world to take part with them in that action, or words to the like effect?

11. Item, whether did you at that time or at any other time say unto the Lord of Howth that within one month his Lordship should hear strange news, or words to the like effect?

12. Item, whether did you know of the traitor Tyrone's purpose to depart the realm of Ireland into some foreign country before his last going away, and of any of his conspiracies or treasons against His Majesty? Or whether did you advise or persuade any others to join with him in his said traitorous practices?

13. Item, whether did you at any time during the actual rebellion of Tyrone against Her late Majesty send private intelligence unto the said traitor Tyrone that he should beware of Captain Tirrell, who seemed to be his friend, for he was to betray him, being then ready to receive his pardon from the late Lord Lieutenant, or some message to the like effect?

14. Item, whether were you acquainted with the going away of Coconaght M'Guyre out of Ireland into the Low Countries; whether did you relieve him in your house knowing he was to withdraw himself out of that realm in that manner; and whether did you or your wife lend him any sum or sums of money to bear his charges in that journey?

15. Item, whether do you know one Shane M'Brien O'Rely, and whether do you know that the said Shane did adhere to O'Dogherty in his late rebellion as a follower of Brien-neSavagh M'Mahon; and whether did you, knowing the same, relieve the said Shane with meat, drink, or money, or by any other means?

Pp. 3.

300. The Answers of Sir Garrett Moore, Knight, to the Interrogatories hereunto annexed, made by him and taken by us at the house of Sir Anthony Ashley, Knight, in Holborn. [March 13.] S.P., Ireland, vol. 226, 51.

1. To the first interrogatory he saith, that in August 1607, not long before the departure of the traitor Tyrone, the Lord of Howth came to this examinant's house at Mellifont in the company of this examinant's wife, his coming being altogether unexpected by this examinant; since which time the Lord of Howth was not at his house, nor in a long time before.

2. To the second he saith, that at the time aforesaid this examinant, expecting his wife's coming home to supper, met his wife and the Lord of Howth at a back gate of the house, at what time his supper was ready to be set on the table, and as they were passing into the house, the garden door standing open, the Lord of Howth, this examinant, and one Sir Roger Jones went into the garden and walked in the broad alley next to the great stone house, being a stone's cast from the walk where the willows do grow; and after one turn or two in the said broad alley, this examinant did send Sir Roger Jones to see if meat were upon the table, who in a very short time returned and brought word that meat was upon the table; whereupon the Lord of Howth and this examinant went immediately in to supper.

3. To the third interrogatory he saith, that he did not see the said Christopher Eustace in or near the said garden at the time mentioned in the said interrogatory.

4. To the fourth he saith, that he did see the said Francis Annesley at that time looking out at a window into the garden, the Lord of Howth and this examinant then walking in the great alley before spoken of, and that the said Francis Annesley did then both see this examinant and speak unto him.

5. To the fifth he saith, that the speech which passed between him and the Lord Howth at that time was to this effect, as he doth now remember, viz., the Lord of Howth said unto him that there was no man more hardly dealt withal than himself, for he had, or was to have, in the Low Countries 1,000 men in his regiment, and 20s. a day, and being drawn over by the Lords of the Council, and promised a great reward, and after his coming over, His Majesty being pleased to give him a pension of 10s. a day, that the Lord Treasurer crossed him therein; and while the Lord of Howth was telling a tale to this effect, Sir Roger Jones entered into the garden, and finding them in the alley where he left them told them meat was upon the table, and so immediately they went to supper; and as they were sitting down, this examinant asked the Lord of Howth where his company was, who answered that Mad Eustace (meaning the said Christopher Eustace) had carried them all to Drogheda, where the wife of the said Eustace then lay.

6. To the sixth, he utterly denieth that at that time or at any other time he spake the words mentioned in this interrogatory, or any other words to the like effect or intent.

7. To the seventh, he utterly denieth that at that time or at any other time he ever spake the words mentioned in this interrogatory, or any words to the like sense or effect.

8. To the eighth, he utterly denieth the speaking of the words contained therein, or any other words to that effect.

9. To the ninth, he saith that he never spake the words mentioned in that interrogatory, or like words tending to that purpose.

10. To the tenth, with great and vehement protestations, he utterly denieth the speaking of the words contained therein, or any words tending to that effect.

11. To the eleventh, he utterly denieth the words therein contained, as to the former interrogatory he hath answered.

12. To the twelfth he saith, that he did not know of the purpose of the traitor Tyrone to depart the realm of Ireland into any foreign country before his late going away, nor of any of his conspiracies or treasons against His Majesty, and that he never advised or persuaded any other to join with the said traitor Tyrone in any of his said traitorous practices.

And here, the said Sir Garrett Moore having made the said several answers to the former interrogatories, did earnestly desire us that we would also set down some of his reasons or arguments to clear himself from all suspicion or likelihood that ever he spake those treasonable words, or intended any of the treacherous actions wherewith he standeth charged, which we thought fit to leave to his own declaration to your Lordships, either by word or writing. (fn. 1)

13. To the thirteenth interrogatory, he utterly denieth that ever he gave any such intelligence to the traitor Tyrone, and withal denieth the whole contents of the said interrogatory.

14. To the fourteenth, he saith he was never acquainted with the going away of Coconaght M'Guyre into the Low Countries, neither did he relieve him in his house, knowing any such purpose of his; but he saith, that this examinant being at Dublin in the term time, Coconaght M'Guyre came to this examinant's house in his absence about six weeks before his departure, and remained there one or two nights (as he heard), and from thence came to Dublin; but he utterly denieth that he, this examinant, lent him any money, and saith also that he verily believeth that his wife did not lend him any money then or at any other time.

15. To the fifteenth, he saith that he knoweth Shane M'Brien O'Rely mentioned in the interrogatory, but knoweth not that he did adhere to O'Dogherty or Brien M'Savagh M'Mahon; and he utterly denieth that he did ever relieve him with meat, drink, or money; but saith that on his coming to this examinant to complain of Captain Tirrell, who had formerly charged him with felony, he bound the said Shane to appear at the next general sessions of the Cavan to answer the said felony. —Garrett Moore.

Subscribed: James Ley, Anth. Sentleger, Jo. Davys.

Pp. 4. Endd: "The examination of Sir Garrett Moore, Knight, upon interrogatories taken 13 March 1608[9]."

301. Pensioners of Ireland and others now in England. [March 14.] S.P., Ireland, vol. 226, 52.

Pensioners: Sir John Jepson, per ann. 100l. Irish; Sir Ralph Connestable, per ann. 100l. Irish; Sir Richard Percy, per ann. 100l. Irish; Sir Rich. Trevor, per ann. 50l. Irish; Rob. Bowen, Provost Marshall of Leinster, per ann. 102l. Irish; Ric. Owen, per ann. 73l. Irish; Lisagh O'Connor, per ann. 73l. Irish; Eusebius Andrewes, besides his place of clerk of the Crown in the King's Bench, per ann. 91l. 5s. sterling— this was bought of Sir Ant. Standon for 150l., and given to him to attend the Deputy; Lawrence Masterson, 73l. Irish; Rob. Moore, 20l. Irish. Councillors of State: Sir Hen. Docwray, Sir Oliv. St. John, Sir Ja. Fullerton, Sir Ant. St. Leger, Sir John Davys, Attorney-General, Lord of Howth, Sir Garrett Moore, Sir Geo. Beverley, comptroller of the victuals.

P. 1. Endd.

302. The King to the Lord Deputy and Lord Chancellor. [March 15.] Philad. P., vol. 1, p. 302.

His Majesty had formerly granted by letters patent to James Hamilton, Esq., sundry manors, lands, and tenements, whereof he has assigned parts to the Lord Deputy and to other subjects, English, Scottish, and Irish; the title to which has been attempted to be impeached by certain suggestions of Sir William Smith, Knight. His Majesty therefore authorises them, in order to strengthen the said servant's title, to make a new grant or grants to him of the same manors, lands, and tenements, to be holden at the same rents and on the same conditions, and to maintain him in peaceful possession according to the law.—Westminster, 15 March, in the sixth year of the reign.

P. 1. Orig. Add. Endd. Enrol.

303. Sir Garrett Moore to Salisbury. [March 16.] S.P., Ireland, vol. 226, 53.

Apologizing for his failure in answering directly at his examination before the Council to Lord Howth's false and slanderous accusations, he bespeaks indulgent consideration for the written answer which he sends herewith. Refers to all who are in authority in Ireland, and to all who know him, for a testimony of his loyal services and those of his family; and appeals to His Majesty and to Salisbury for comfort and relief.—16 March 1609.

Pp. 2. Add. Endd. Encloses,

304. The Answer of Sir Garrett Moore, Knight, to the Lord of Howth's accusations. S.P., Ireland, vol. 226, 53 I.

Urges the improbability of his plotting with Lord Howth, seeing that there had been a quarrel between them, and declares on the salvation of his soul that it is utterly false.

Secondly, the story of Eustace's overhearing their conversation from his hiding place in the ditch is manifestly false, the ditch being at least a stone's cast from the place where they are said to have been walking.

Thirdly, it is improbable that Sir Garrett would confer with the Lord of Howth in such business; he (Sir Garrett) having discovered to the Lord Deputy the several meetings of Tyrconnell, Delvyn, and the said Lord of Howth, and where they plotted their treasons, and of a friar's passing in message between them, as also Tyrone's discontent which he conceived of some speeches uttered unto him by the Lord of Howth, how that His Majesty stood not well affected towards him, which the said Tyrone, being in drink, revealed unto the said Sir Garrett at his house, and so he unto the Lord Deputy. And this in all likelihood was the principal cause of his, the said Tyrone's, so sudden departure.

Likewise the Lord of Howth in his discovery against the Lord of Delvyn (in which practice and plot he was also partaker himself), would have then undoubtedly uttered it (if ought he knew by the said Sir Garrett), who then was employed by the Lord Deputy and Council for the prosecution of the Lord of Delvyn.

Further, had Sir Garrett found himself to be in danger from the Lord of Howth, who was never noted to be a counsel-keeper, he would not have moved him with that bitter message he did; which was one of the chief causes and grounds of his malice to the said Sir Garrett, for thereupon he swore that within five days he would have the said Sir Garrett laid up, and within two days after framed these false accusations.

Another cause why he maligned the said Sir Garrett was in that he supposed the said Sir Garrett was bound for Maguyre, and therefore jealous that the said Maguire had discovered his, the said Lord of Howth's, and the Lord of Delvin's secrets unto him the said Sir Garrett, and so he unto the Lord Deputy, whereby their doings might all be known; as the Lord of Delvin hath since confessed under his hand extant.

Therefore, the said Lord of Howth, understanding that the Lord of Delvin fell from him in his wicked practice against the said Sir Garrett Moore, he dealt with one Plunkett, of Clonybrenin, a gentleman in the borders of Meath, and likewise with Captain Terrell (both which he knew hated the said Sir Garrett), that they would join with him in accusing the said Sir Garrett, which they (having no just ground thereunto) refused, as is well known to some of good account in Ireland.

Now, lastly, he hath betaken himself to the most false testimony of one Eustace (a retainer of his own), a man of a most wicked, licentious, and dissolute life, one likewise that vowed to swear anything true or false that might prejudice or hurt the said Sir Garrett (with many other vehement protestations), wishing that the Devil might cut off his head (for so are his own phrases of speech), if he would not swear the falsest tale, as well as the truest, against the said Sir Garrett; as by sufficient testimony ready to be shown may appear. And had not the Lord of Howth most untruly and maliciously forged these accusations against the said Sir Garrett, and of purpose suborned the said Eustace for his false witness therein, he would (no doubt) have brought them in question before the Lord Deputy in Ireland, where he might stand assured of justice, but only removed them hither, where (he well understood) the said Eustace's wicked life is not so well known, and that his testimony in Ireland is not to be believed by any. The said Lord of Howth's malice to the English is also well known, and how that publicly he used the most detracting, disgraceful, and malicious speeches he could of the whole nation in the Lord Lieutenant's time (the said Lord of Howth being then Governor of Monaghan), which being proved against him before the Lord Lieutenant, he was therefore displaced and thrust out of his said government with foul terms of disgrace.

Likewise, upon a very slight occasion, he hanged a poor Englishman, a household servant of his own, in his orchard; which being found by the coroner's inquest to be murder in him, the said Lord of Howth, he was sent for by the Lord Chancellor and others of the Council (in the absence of the Lord Lieutenant) to answer the matter, who accordingly went to Dublin (well accompanied) with intent (as he confessed himself, and since made boast of,) to have murdered the whole Council in the Council Chamber, if they had offered then to have made stay of him. This he bragged of at Ruske, the dwelling-house of M'Mahon, in the presence of Sir Lawrence Esmonde, Knight, and Mr. William Colley.

Represents finally the improbability founded on his domestic relations, his sevices, his religion, his country, and the nature of his property, by which his loyalty must be assured that he could have taken part in such a plot, and especially with such a man as Lord Howth, an enemy, and a public slanderer of the King.

1 broad sheet. Signed. Endd.

305. Sir Garrett Moore's Petition. S.P., Ireland, vol. 226, 53 A.

The humble petition of Sir Garrett Moore to the Lords of His Majesty's most honourable Privy Council.

In order to undo the evil impression which may have been made by his examination before their Lordships, submits a written statement in reply to the charges of Lord Howth, for which statement he bespeaks their patient consideration.

P. 1. Signed. Endd.

306. Patrick Crosbie to Salisbury. [March 16.] S.P., Ireland, vol. 226, 54.

Has been stayed by the Lord Deputy to bring to an end the service of transplanting the Moores.—Dublin, 16 March 1608[9].

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

307. The Propositions of the Commissioners unto the Bishops within the 7 escheated counties in Ulster concerning the plantation of the Termone and Herenagh lands there granted to the Bishops by the King's bounty, to be planted by them; with the answers of the Bishops of Derry, &c., in the behalf of the Lo. Primate of Ardmagh, and the rest of the Bishops within the counties aforesaid, unto the said propositions; and the reply and approbation of the Commissioners unto the answers of the Bishops. (fn. 2) [March 16.] Carew MSS., vol. 630, p. 17.

The propositions to the Bishops are seven:

1. By whom they will people and plant the said lands.

2. What number of castles, houses, and bawns they will erect.

3. What estates they will grant to these undertakers.

4. What power they require from the King to enable them to grant estates to these undertakers.

5. What conditions will be given by them for the execution of these covenants.

6. Within what time they will undertake to perform these covenants.

7. What rent they will reserve upon the land in succession.

8. What answer they give to the other cautions in the printed book of the Plantation.

Signed by the Bishop of Derry, &c., Mr. Usher, son to the Archbishop of Ardmagh.

Signed by Sir Roger Wilbraham, Sir Thomas Ridgway, Sir Anthony St. Leger, Sir James Ley, Sir James Fullerton, Sir John Davis.

Pp. 3. Copy.

308. Sir Arthur Chichester to Salisbury. [March 18.] S.P., Ireland, vol. 226, 55.

Received lately the King's letter in behalf of Sir Ralph Bingley, to accept of his surrender of certain lands in the county of Donegal, formerly passed to him by letters patent, and to pass a new grant thereof. But forasmuch as there was omission of some necessary circumstance he has forborne to follow it through with effect, and has sent again thither to have it amended in that respect. Sir Ralph was in a sort compelled to alien these lands to the late Earl of Tyrconnell for a certain sum of money, which hitherto has never been paid, except a very small part, as is alleged. Now, for the sure conveyance of the said lands back again to him (if His Majesty be so pleased) express mention should be made hereof in the King's letter and grant, for otherwise it may hereafter seem that His Majesty has been deceived therein. Sir Ralph has a statute of 2,400l. forfeited unto him by the said late Earl for non-payment of the price agreed upon, which, in consideration of this new grant, he will render up to His Majesty. He holds likewise some other lands from the King in that county, which he desires also to surrender and take again by a new grant, in all which he (Chichester) recommends him to favour. Finds him to be a very honest and active gentleman, studious to plant and settle in that part if he may be therein graciously favoured and permitted; and in effect he has already, it is said, drawn thither and keeps about him the number of 40 Englishmen who are well inclined to venture their lives and fortunes there with him in respect of his promises to pass them free estates of the lands, upon such rents and conditions as His Majesty shall be pleased to grant the same to himself. He has neither pension nor entertainment from His Majesty, and therefore stands in need of all lawful favour possible, which in his (Chichester's) opinion he will well deserve. Is the rather induced to write thus much, because his Lordship was, he hears, his principal mean for obtaining the King's last letter.—Dublin Castle, 18 March 1608[–9].

Pp. 2. Signed. Add. Endd.

309. Sir Arthur Chichester to the Privy Council. [March 20.] S.P., Ireland, vol. 226, 56.

Reports the death of Captain Edmund Leighe, constable of Omey. He has continued the command thereof to Lieutenant Daniel Leighe, and desires that the constableship may be granted to him and his brother John.—Dublin Castle, 20 March 1608[–9].

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

310. Wm. Saxey to Salisbury. [March 20.] S.P., Ireland, vol. 226, 57.

Has always desired the good of the commonwealth.

Has already advertised of the state of that country and disposition of that people, and how that might be settled in her late recovered quiet, and has pointed out the means to suppress rebellion and to give free course to law and justice, and maintain His Majesty's forces with small charge to His Highness, without rebellion or open hostility, by the undertakers and by cess upon the country, as has been before 16 years last past.

Has also observed the great sterility of godly ministers and preachers within that province, and the cause thereof, and remedies for the same.

Also of great numbers of recognizances taken by him in the end of the last rebellion (the several sums amounting to more than 100,000l.), which, if he had carried a mind to have made his own benefit, he might easily have gained many thousands of pounds by concealment or secret composition without check or controlment, for the King's general pardon would have freed him a culpa et pæna, et sic malum quod impune facere potui, non feci, wherein it pleased his Lordship to say to him that he might therein do good service to the King and benefit himself: the credit of which recognizances the recognizors peradventure will dare to calumniate in his absence before whom they were taken, and the Irish may justly be doubted to stand more affected to their kindred and countrymen than will be for the King's profit.

As these causes are of great moment and deeply concern that State, so timely reformation would work the advancement of God's religion, the King's honour and benefit, and the public good in greater proportion than all the services that have been done in that realm within time of memory.

Now, whereas for services in Ireland in matters of justice all others have been graciously rewarded, some with lands and tenements of great value, others with preferment divers ways, and forasmuch as his former endeavours, which have given sufficient testimony of his faithful service so many years with so great danger and loss, have never been respected with any reward, as all others have been, and he has not even been paid his due entertainment, though his Irish employment has spent his best years, which would have been most beneficial for his preferment in England, and has wrought the discontinuance of the practice of his profession; his humble petition in regard of all his travails, dangers, and losses is only this, that he may be employed in some place answerable to his profession, which is to be one of the King's counsel, attendant, and resident in the Marches of Wales, whereby he may live and end the residue of his aged years in as good state as he did before he was publicly employed.

Is assured that two words from his Lordship to His Majesty will easily draw his gracious allowance, as well for the grant of this humble petition as for his former employment in this service now offered; which he hopes will be greatly to the advancement of God's service and to the King's honour and benefit, by discovery of his concealed rights, and no less good to the people, who thereby shall be better instructed in God's religion and due obedience to His Majesty, as also be a convenient mean to work satisfaction of his entertainment out of that which shall grow to His Highness through his travail and industry, and thereby put an end to his daily suits for entertainment which he is forced to continue until he be satisfied, as it was promised in the last Trinity term.— 20 March 1608[–9].

Pp. 2. Signed. Sealed. Add. Endd.

311. Lords of Council to Chichester. [March 24.] Philad. P., vol. 3, p. 168.

In consequence of the increasing rarity of timber, their Lordships, learning the abundance of valuable timber in Ireland, and the great waste thereof for pipe-staves and similar minor uses, and its exportation to foreign countries, direct that he shall henceforth take order that none of the timber growing in the King's woods may be employed in such commodities or transported beyond seas, but may be reserved for building and repairing the King's ships.—Whitehall, 24 March 1608–9.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, Northampton, Lcnox, T. Snffolke, E. Worcester, E. Zouche, E. Wotton, T. Herbert, Jul. Cæsar, T. Bruce, Thos. Parry.

P. ½. Orig. Add. Endd.

312. Memorial for the Lord Deputy and Council. [Mar. 24.] S.P., Ireland, vol. 226, 57 A.

A note or memorial of such matters whereof His Majesty's pleasure may be signified to the Lord Deputy and Council of Ireland.

1. That the common gaol be removed out of the Castle, and that such part of the Castle as shall remain a prison for prisoners of state, be made safe and strong, and that they do divide it by a wall from that part of the Castle where the Deputy doth lodge.

2. That in all grants from His Majesty, as well upon surrenders of the Irish or otherwise, the great woods may be surveyed and valued in the particular as it is used here, which hitherto hath not been used in Ireland.

3. That they do consider and make report how the aids for making the Prince Knight may be levied in that kingdom, and that to that end they do view the ancient records there.

4. That ecclesiastical persons be restrained from alienation of the lands of their churches by His Majesty's proclamation until a law may be made to that end.

5. That the noblemen and gentlemen of Ireland may likewise be restrained from sending their sons beyond the seas without special license of the Lord Deputy.

6. That no special liveries be granted and passed without a schedule of the lands whereof the party is to have his livery.

P. 1. Endd.

313. The King to Sir Arthur Chichester. [March 26.] Docquet Book, March 26.

Letter to the Lord Deputy to pass letters patent of the office of Chief Remembrancer of the Exchequer in Ireland to John Carpenter, in reversion, after Ric. Coleman and John Bingley in possession, and Richard Hopper having the immediate reversion.

314. Sir Henry Docurae's Certificate. [March 26.] Carew MSS., vol. 630, p. 16.

A note of such money as I have received for fines of houses at the Derry.

Containing the names of the parties, with the amount of the fines levied from each. (fn. 3)

Pp. 2. Copy.

315. The King to the Lord Deputy and Chancellor. [March 29.] Philad. P., vol. 1, p. 303.

In consideration of divers inconveniences attendant on the keeping of the common gaol within the Castle of Dublin, His Majesty directs that they shall consider of some other suitable place in the city to which it may be removed; and if, notwithstanding, it be found necessary that certain prisoners of state should still continue to be confined within the precincts of the Castle, he directs that a wall shall be built, separating such persons from the part reserved for the lodging of the Lord Deputy.

His Majesty reprobates most severely a custom which he has learned with great surprise to prevail among the clergy of that kingdom, of alienating at pleasure the temporalities of their benefices. In order to provide a temporary remedy for this grievous abuse, until a Parliament shall be holden in Ireland, he directs them to call together the principal clergy, and to point out the impiety of such a course and his grievous reprobation thereof; and to notify that, if any one hereafter should be guilty of such impiety and contempt of his authority, such person shall be marked as unworthy of preferment in the church, and punished by any civil punishment which the law or authority may inflict on so notorious a contempt.

Finding that a great disorder prevails whereby the sons of nobleman and gentlemen of Ireland are passed into foreign parts to be educated in seminaries of priests and colleges of Jesuits, and infected with opinions of undutifulness, he directs them to publish a proclamation forbidding, from a date to be limited in the proclamation, any nobleman or gentleman to send his son abroad without leave of the Deputy; and in order to prevent the education of youth in these seminaries and colleges, all who shall receive the Deputy's license to travel abroad shall enter into bonds not to place their sons in such seminaries.

In all future grants of lands in fee simple or otherwise, the great woods thereon are to be valued and rated as in this particular is accustomed to be done.—Westminster, 29 March, in the 7th year of the reign.

Pp. 2. Orig. Add. Endd.

316. The King to the Lord Deputy and Chancellor. [March 29.] Philad. P., vol. 1, p. 304.

Expresses his great satisfaction with the services of Sir John Davys, Attorney-General, in the matter of the plantation of Ulster, and other affairs of the customs and revenues, and has conferred on him the dignity of a serjeant. In order to obviate all scruple lest by the grant of this office, that of AttorneyGeneral should be made void, His Majesty directs new letters patent of the latter office to be made out, as ample as before: and because he has, in his services to the Crown, suffered much hindrance to his income, the King directs that a grant be made to him of lands or other tenements in fee-farm, to the vulue of 40l. per annum.—Westminster, 29 March, in the 7th year of the reign.

Pp. 1½. Orig. Add. Endd. Enrol.

317. The King to the Lord Deputy and Lord Chancellor. [March 31.] Philad. P., vol. 1, p. 306.

Directs them to accept a surrender from Bryan Kelly of all his interest in the lands held in the counties of Roscommon and Galway, in the province of Connaught, by his late father, Bryan Kelly, and to have a survey made of the five quarters of land held by the said father, Bryan Kelly, in the said province, and on due proof of the title of Bryan Kelly, to frame a book in due form, passing the same to him, with such reserved rents as may seem fit to the Lord Deputy.—Westminster, the last of March, in the 7th year of the reign.

P. ½. Orig. Add. Endd.

318. Sir A. Chichester to Sir John Davys. [March 31.] S.P., Ireland, vol. 226, 58.

Wrote lately to him touching the intended plantation of Ulster, and declared to the Lords his opinion in the most material points thereof. The farther they search into men's affections touching the project, the more difficult does he find the performance of what is expected, for no man here (but the two named in his last) once seeks to him for any part thereof, neither will they (as they both say and write) unless some of the conditions be altered, and unless they may make choice of their seats. Such as command in forts and smaller wards desire that part which lies next to them, albeit it be not of the best and most fertile land, as he knows; others that know the country and the natives (who are subject to change and alteration) affect to seat themselves near the sea and upon portable rivers. Many natives have answered that it is hard for them to alter their course of living by herds of cattle and creating; and as to building castles or strong houses and bawns, it is for them impossible: none of them (the Neales and such principal surnames excepted) affect above a ballybeatoe, and most of them will be contented with two or three balliboes; and for the others, he knows whole counties will not content the meanest of them, albeit now they have but their mantle and a sword. The Commissioners, therefore, who shall come or be appointed here to settle this business, will have a tough piece of work of it, and the strangers that shall come for undertakers must resolve to abide some storms before they come to a profitable harvest. The very report of displanting the swordmen was like to have brought new work upon them. That course is not to be thought upon, unless the King will be at the charge of an army as great for a time as any in the last rebellion, with which they will sooner ruin than remove them; and what fire such insurrection in those countries may kindle in other parts of this kingdom and abroad, they know not. To be plain, he must say (as the arrantest knave of the Byrnes answered Sir Henry Sydney, when he reproved him for dwelling upon the Archbishop of Dublin's lands without paying him any rent), "My Lord," quoth he, "if I dwelt not here, none but thieves and outlaws would;" so he says, that if the Irish do not possess and inhabit a great part of the lands in some of those escheated counties, none but wolves and wild beasts would possess them for many years yet to come: for where civil men may have lands for reasonable rents in so many thousand places in that province, and in this whole kingdom, they will not plant themselves in mountains, rocks, and desert places, though they might have the land for nothing.

He (Davys) knows, or may understand, that since Tyrone's departure, he (Chichester) has raised out of his living only, near as much rent to His Majesty as by the project all the escheated lands will amount unto, at which the people grudge not; and that favour done them, of holding by like tenure, and paying the same rents that the English or Scottish undertakers do that will plant their lands with Irish tenants, is not understood by them, though he must confess it is exceeding great. Acknowledges that the orders and conditions laid down in the printed book were well conceived, and wishes, with all his heart, they might receive perfection accordingly; but, foreseeing the difficulty, and finding the difference between wishing and acting, he is at a stand what to say. Nevertheless, seeing that the hardest matters and such as sometimes are thought impossible are, by care, wise managing, and industry, brought to pass, the time will not be misspent in making an essay of the plantation, according to that form, some material points, of which he has written to the Lords, and will in another paper note to him (Davys), further considered of and enlarged; and if they cannot do as they would, est aliquid prodire tenus, and the rest must be left to a second consideration. Doubts not but the Commissioners will be directed and authorised to perform conditions agreed on the behalf of Conner Roe Maguyre, in Fermanagh, Sir Neale O'Donnell and Sir Donnell O'Cahane, in the counties of Donegal and Coleraine, if they or either of them escape the gallows, and with the sons of Sir Art O'Neale, and to enlarge the possession of Sir Tyrloue M'Henrie, by giving unto him part of Toaghaghie, and something to the sons of Sir Henry Oge O'Neale, his grandchild, yet an infant, being his heir by course of law, or otherwise to make them safe; for he foresees that these men, without some reasonable content given to them, will be thorns in their feet and pricks in their sides, donec desinant esse. The like consideration should be had of the chiefs of the O'Realys, in the county of Cavan, for he (Davys) knows two ballebeatoes of land will give them no more content than one acre for the portreeves, remembered him in his last; of which consideration must be had, for when Sir Ri. Cooke has the corn, he protests he knows not how the Deputy will be able to keep house in fashion as he ought, for the honour of the place and as it is expected.

Must now remember him of the county of Monaghan, where the inhabitants pay, or rather are to pay, 20s. sterling for every balliboe or taffe of land. They have hitherto neglected to take out their letters patent, being either unsatisfied with the portions severally allotted unto them, or expecting an abatement of the rent, which hitherto they have paid in Irish 9d. for 12d., and unless changed by the favour done to their neighbours in reserving a smaller rent upon the lands to be passed to them, they would not grudge to pay it in Irish still, and so take out their letters patent; otherwise he conceives more of that sept will play the part of Brian-ne-Savagh [M'Mahon], their kinsman, who never submitted himself to the course of justice until he (Chichester) brought his head to stand upon one of the gates of the city.

Has now well weeded out the most pestilent instruments of the last rebellion; and if he could get Oghie Oge O'Hanlon, Brian M'Arte's bastard, and Neale M'Swynne, it mattered not if all the rest were pardoned, saving one of the Mullens, who was a principal actor in the murder of Denis, his kinsmnn, four of which number were hanged at the last assizes held in the county of Coleraine.

Has promised to make a lease of Brian-ne-Savagh's lands to Mr. Treasurer; and on getting a farther estate therein he will undoubtedly build there, and place a younger son or friend upon it, which would be very available for the King's service, and for the reformation of that part of the country. Has heretofore written to him concerning Monaghan, on which he begs him to bring some answer. Sir Neale O'Donnell perpetually practises his escape; there was found about him three days since a rope of sufficient length and strength to have carried him over the wall from the highest tower thereof. The escape of Delvin makes him have more eyes over the prisoners now here than the constable's, albeit he be a careful man. That office does not concern him otherwise than in charging the constable to perform his duty, and yet he hears he was taxed with Delvin's escape.

Prays him to bring full directions concerning him, Sir Donnell O'Cahane, Caffer O'Donnell, against whom they may proceed of themselves, and what he shall do with the children, to wit, of the Earl of Tyrone's, Caffer Oge O'Donnell's, Sir Neale O'Donnell's sons, and with the brother of Sir Cayre O'Doghertie, whom he lately caused to be apprehended; the eldest of these is his (Davys's) acquaintance, Naughtan, Sir Neale's son. Sir Donnell O'Cahane has likewise a son who will make as wicked an instrument as any of these, if their fathers be hanged. Wishes that the sons were all (and the fathers, if they escape the gallows) sent to the plantation in Virginia.

His (Davys's) letters of the 13th of this instant, were delivered to him on the 27th of the same. By them and sundry others from his servants, find he has done him many friendly and kind offices there, for which he heartily thanks him, and will be as ready to requite him as time serves, as he is now to acknowledge himself his debtor.

If he have Enishowen (as by some letters he is put in hope of it), prays him to befriend him what he may in the conditions.—Dublin Castle, last of March 1609.

Doubts not he considers of the state of Sir Oghie O'Hanlon and his country, which cannot be taken from him during his life.

Pp. 5. Signed. Add. Endd.

319. Abstract of the above. [March 31.] S.P., Ireland, vol. 226, 58 A.

Pp. 2. Endd.

320. Sir Charles Cornwallis to Lords of Council. [March.] Cotton MSS. Vesp. C. xi. B.M.

The late contempt and calumny of the Irish has had no effect beyond an order to cease to negociate, but the only result is to change day into night. They now visit the Secretary of State in the dark and avoid being seen by sunlight. Is annoyed that so wise a State will adventure distasting so mighty a King for so beggarly, so inutyle, and contemptible a people. The subject of their negociations is secret. The Secretary only admits that they urge private affairs, and means to live for Tyrone and others of his countrymen. When pressed, he retaliates about the harbouring of the Dutch in England, and, when answered that the cases are very different, as the Dutch repaired to England in order to flee fire and not in order to kindle it; he "shrinks upp his shoulers," and says that the King has obligations to some of these poor Irish for service and to the rest in charity. The conclusion is, that they will not be withdrawn from the nourishing that nation, and to these reprobate times he leaves them.

Some late night conferences have been held between the Earl of Bothwell and an agent of Tyrone, and he hears a whisper that the island of Orkney is a place much eyed by that viperous generation.

The causes of British subjects in the Court of the Council of War have been somewhat forwarded of late. Hopes to clear that court between this and July.—Madrid, March 1609. (fn. 4)

Pp. 5.

321. The Quantity of the Bishops' demesne and mensal lands, and of the Errenagh and Termon lands within the escheated counties in Ulster. (fn. 5) [March.] Carew MSS., vol. 630, p. 21.

The bishops' demesne or mensal lands. The Archbishop of Ardmagh 3,390, the Bishops of Derry 428, Raphoe 3,728, Clogher 320, Kilmore 120 acres. The Errenagh and Termon lands in the dioceses of Ardmagh 27,120, Derry 17,619, Clogher 6,625, Raphoe 6,378, Kilmore 3,204, Ardagh 24 acres, 60,970 mensal, Herrenagh and Termon 68,956.

Pp. 2. Copy.

322. English Undertakers for the Ulster Plantation. [March.] S.P., Ireland, vol. 226, 59.

A note of the number of English undertakers for the plantation of the escheated lands in Ulster.

In Armagh, English and Scottish have allotted 28 proportions; 18 of the least; 6 of the middle; 4 of the great; whereof the English are to have 14; viz., 9 of the least; 3 of the middle; 2 of the great.

The undertakers of this county may be, for example,

1. Sir Maurice Berkeley, of 3 small proportions; viz., 3,000 acres.
2. Sir Richard Trevor 3 small proportions.
3. Arthur Bagenall of the Newry 3 small proportions.
4. The King's Attorney of Ireland 2 middle proportions.
5. Richard Hadsor, counsellor-atlaw 1 middle proportion.
6. The Lord Audelay 2 great proportions.

In all 14.

Besides these, there are 6 proportions left for English servitors; viz., 4 of the least, 1 of the middle, 1 of the greatest.

In Tyrone, 34 proportions are allotted for English and Scottish, whereof the English are to have 17; viz., 10 of the least, 4 of the middle, 3 of the great; for example,

The undertakers of this county may be—

Sir James Harrington 2 great proportions.
Sir Thomas Williams 1 great proportion.
Sir Oliver St. John 2 middle proportions.
Sir William Smith, of Essex 2 middle proportions.

The other 10 small proportions are easily supplied out of the list of names remaining with Mr. Corbett.

Besides there remain for English servitors 12 proportions; 3 great, 2 middle, 7 small.

Colrane hath only 12 proportions for English and Scottish undertakers, whereof the English are to have only 6; viz., 1 of the great, 1 of the middle, 4 of the least; for example, The undertakers of these proportions may be—

The Lord Clifton, for I hear he desires it for the English, and

The Duke of Lenox and Lord Aubigny for the Scottish.

There remain in this county but 3 proportions for the English servitors.

Tyrconnell hath 40 proportions for Scottish and English; whereof Enishowen, which was O'Doghertie's country, containeth 14 proportions, 10 of the small, 3 of the middle, 2 of the great. The Lord Deputy desireth to undertake this.

26 do remain, whereof 13 are to be allotted to English.

These may be well distributed to merchants, whereof there is a competent number already in the list.

10 proportions remain for the English servitors.

Fermanagh. The English and Scottish have no proportions, because Connor Ro M'Guyre hath His Majesty's word and promise to hold well nigh one half of the country.

The English servitors have only 4 proportions allotted for them; viz., 3 of the least, 1 of the middle.

Cavan. The English and Scottish have but 6 proportions, which bordering upon the Pale, will be easily undertaken.

The English servitors have also 6 proportions.

The list of names already made will fill up the number of sufficient undertakers, or if it shall come short now, before the middest of Easter term the number will be double, if his Lordship appoint commissioners to whom they shall repair.

Specially if he remit the capite tenure and enlarge the time for building.

Pp. 3. Endd.

323. Copy of the above. [March.] S.P., Ireland, vol. 226, 60.

P. 3. Endd.

324. Instructions to the Commissioners for the Ulster Plantation. [March?] S.P., Ireland, vol. 226, 60 A.

Instructions given unto the Commissioners for the plantation of the escheated lands in Ulster.

1. First. You shall have a general care that such orders, conditions, or articles as are lately published in print touching the said plantation be observed and put in execution, as well on our behalf as on the behalf of the undertakers.

2. You shall be ready to begin your journey into the province of Ulster for the execution of this commission within 10 days after the end of Trinity term next.

3. You shall divide and sever the ecclesiastical lands from the temporal, and withal set and limit by metes and bounds so many proportions thereof in every county, of 1,000 acres, 1,500 acres, and 2,000 acres apiece, as are contained in the project for plantation transmitted unto you together with this commission.

4. You shall consider and inquire how many English acres every ballibo, quarter, tath, poll, or the like Irish precinct of land doth contain, and thereupon you shall set forth the several proportions by making an estimate of the number of acres; yet in making the said proportions you shall have a care not to break the said Irish precincts of land, except in case of necessity, where the said precincts being laid together will not make up the proportions in any reasonable equality.

5. You shall consider whether one or more proportions be fit to make a parish, and according to your discretions limit and bound out the several parishes, wherein you shall keep the ancient limits of the old parishes, as far forth as it may stand with the plantation; which being done, you shall assign unto every incumbent of the said parishes 60 acres of glebe for every 1,000 acres contained within his parish, and you shall take care that a proviso be inserted in every grant of the said glebes to restrain the alienation thereof, but in such form as you shall prescribe.

6. If, upon setting forth and limiting of the proportions, there shall be found any parcels of land not surveyed or not allotted in the project, you shall, according to your discretions, divide the same into proportions or add the same to some proportion and lay the same within some parish, and thereupon dispose the same to undertakers according to the articles.

7. You shall allot and set out by means and bounds unto every undertaker so much bog and wood, over and above his number of acres, as the place where the proportion shall lie may conveniently afford, having respect to the neighbour undertakers.

8. You shall take care that the lands allotted to the corporate towns may be laid as near the said towns as conveniently they may be, and planted as the lands of the other undertakers; and you shall forthwith limit the circuit of the said towns, and cause the same to be incorporated by our several charters, and to be endowed with reasonable liberties; and you shall use your best endeavours to inhabit the said towns with tradesmen and artificers.

The Lords to be moved touching the site of the Derry and Sir George Pawlett's lands adjoining.

9. You shall set out and distinguish by means and bounds such parcels of land as are allotted to the college of Dublin and the freeholders in the several counties, to the end the same may be accordingly passed by our several grants.

10. If any of the Termon lands or other lands out of which the bishops had any rent or pension, shall appear to be omitted in the survey of ecclesiastical lands, you shall take a new inquiry or survey thereof, and divide the same into proportions according to the project.

11. You shall take special care that the portions of the natives shall be not laid together, but shall be scattered and laid asunder upon the making up of the lots.

12. If, upon distribution of the lots, any of the undertakers shall consent and agree to change their lots, in respect of neighbourhood, with their friends or allies, you shall consider of the conveniency thereof, and if you shall find the same to be fit, you shall give way thereunto, and cause the several grants to be made accordingly.

13. You shall examine the titles of such as claim any estates under any of the persons attainted, and thereupon allot unto them such proportions as you in conscience and discretion shall think meet, and withal provide that they make such plantation and pay such rents as other undertakers rateably.

14. You shall consider what portions are fit to be allotted to the mother of the late Earl of Tyrconnell, the mother of M'Guyre, Katherine Butler, the late widow of Mullmora O'Rely, the widow of Sir John O'Relie, and such others as claim jointures out of the proportions which are to be allotted to the natives, and shall assign the same unto them during their lives, the reversion to the said natives, they observing the articles of plantation as other undertakers.

15. You shall make choice of the best and best-affected natives to be freeholders in every county, and shall allot unto them greater or lesser proportions according to their several qualities and deserts.

16. You shall take consideration of such Irish natives as have been servitors, and reserve upon their grants lesser rents than are to be reserved upon grants made to other natives, who have performed no special purpose.

17. You shall take order that every undertaker do take out his letters patent within four months after his portion allotted and set forth unto him; and shall, within four months after that, transport such English or Scottish tenants as are to be planted upon their several portions; which if they neglect to do, they are to lose the benefit of their lots, and you shall grant their portions to others who will perform the articles of the plantation.

18. You shall take order with undertakers of such proportions wherein the highways and common passages shall lie, that they build their castles, houses, or bawns, and erect villages as near the said highways as conveniently they may, for the ease and safety of passengers.

19. You shall take order that the castles or stone houses to be built and erected by the several undertakers do contain one pile of 18 foot square at least within the walls, and two storeys high at least, with a battlement on the top.

20. You shall appoint some discreet and skilful persons to assign convenient timber to every undertaker for his building, out of our great woods growing upon the lands escheated.

21. You shall allot the several fishings found in His Majesty's possession by the inquisition of survey unto the pro portions next adjoining to the loughes or rivers wherein the said fishings are;—the one moiety to the proportion lying on the one side of the river or lough, and the other moiety to the proportion lying on the other side; unless the fishing shall be found to belong by ancient prescription unto the land lying on the one side only, upon which allotment you shall reserve such rent unto us as in your discretions you shall think meet.

22. Lastly, if any matter or thing shall arise unto you which may be of importance for the plantation, albeit there be no mention thereof in these instructions, we give you full power to proceed therein, according to your discretions, for the accomplishment of this service.

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

Pp. 5. Endd.

Footnotes

  • 1. See this Declaration in p. 169.
  • 2. Printed at length in Calendar of Carew MSS., pp. 38–40.
  • 3. Printed at length in Calendar of Carew MSS., p. 40.
  • 4. Printed in Sawyer's Memorials of State Affairs, ii. 487.
  • 5. Printed at length in Calendar of Carew MSS., p. 40.