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James I: April 1609

Pages 184-202

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

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James I: April 1609

325. Deputy and Council to the Privy Council. [April 1.] S.P., Ireland, vol. 226, 61.

By this enclosed letter from the Archbishop of Tuam to the Deputy, their Lordships may perceive his honest and good desire to discharge himself (now in his declining years) of the great burden of his place, wherein, as they must commend him, so can they not but very well allow of his care in recommending Doctor Daniell to succeed him, whom they know, both for his learning, sincere conversation, and earnest desire to further the good of this church, as well by his continual preaching as his great labour and pains in translating the New Testament and the Book of Common Prayer (which is now at the press in good forwardness) into the Irish tongue, to be very fit for that place. Having long desired an occasion to give him entrance into such a place in this church, wherein, both by his language and other good parts, they are persuaded he can do as much good among this people as any man in this kingdom, they recommend him to their Lordships, as one of whom they hold themselves bound to take care, even if the Bishop had said nothing of him. And forasmuch as the bishopric is very remote in the furthest part of Connaught, and but of mean value, they suggest that he may with it hold in commendam the treasurership of St. Patrick's, Dublin, a mean prebend, whereupon only he now liveth; otherwise he may, upon occasion of any of his troubles in the province, be in worse case than now he is.—Dublin, 1 April 1609.

Signed: Arth. Chichester, Tho. Dublin, Canc., Thomond, H. Danvers, Th. Ridgeway, R. Wingfelde, H. Power, Rich. Moryson, Ad. Loftus.

Pp. 2. Add. Endd. Encloses,

326. Nehemiah Donellan, Archbishop of Tuam, to the Lord Deputy. S.P., Ireland, vol. 226, 61 I.

Finding the weak state of his body, and his impotency to discharge his place of Archbishop of Tuam, begs his Lordship to prefer his petition to His Majesty for resignation of his place, being unable to perform the least part of the duty that belongs to it. But as the ancient bishops in the primitive church ever made choice of their successors to the good liking of the church and people of their diocese, so he prays that a worthy successor of his choice, and the choice of the people of this province in general, may be preferred. The person that he means, and that the whole country (if their several voices were required in particular) would point out, is Mr. Doctor Daniell, a man of great wisdom, learning, and experience in these parts, having lived many years amongst them, and such a one as is both generally feared and loved, and every way unspotted, even amongst the greatest enemies of the church. Most humbly beseeches his Lordship, therefore, to recommend him to His Majesty. And in case His Majesty will be pleased to accept his resignation for the preferment of so worthy a person, he will utterly resign in the best form that law can afford.—Tuam, 16 February 1608[9].

P. 1. Signed. Add. Endd.

327. Copies of the above letter and enclosure. [April 1.] S.P., Ireland, vol. 226, 62.

Pp. 2. Add. Endd.

328. The King to the Lord Deputy and Chancellor. [April 3.] Philad. P., vol. 3, p. 308.

In consideration of the services of the late Edward Corbet, Ensign of the foot company serving under Sir George Paulet at the Derry, directs a grant of a pension of 8d. English, to his widow, Margaret Corbet, for her life, payable from the Feast of the Annunciation of the Blessed Virgin Mary last past.— Westminster, 3 April, in the 7th year of the reign.

P. ½. Orig. Add. Endd. Enrol.

329. The King to the Lord Deputy and Chancellor. [April 5.] Philad. P., vol. 3, p. 310.

At the suit of Robert Bower, of Adamstown, in the Queen's County, Provost-marshal of Leinster and of the county of Meath, His Majesty accepts the surrender of the said Robert Bowen, and of Henry Brereton, and Alexander Barrington, jointly or severally at their pleasure, of the castle, town, and lands of Adamstown, of Ballyntubered, and of Rossbranagh, also of the town lands and village of Loghteoge, in said county, in the tenure of Henry Brereton, and of the castle town and lands of Cullinagh in said county, in the tenure of Alexander Barrington, and of the town and lands of Castle Karrow, in Mayo, and of all their other possessions in the realm of Ireland; and directs that the same be re-granted to them in fee-farm.—Westminster, 5 April, in the 7th year of the reign.

Pp. 2. Orig. Add. Endd. Enrol.

330. Lords of the Council to Sir Arthur Chichester. [April 6.] Philad. P., vol. 3, p. 369.

In sending back Mr. Serjeant Davys, His Majesty's Attorney-General, they abstain from dwelling on his services, because the King has done this in his particular letter. They will only say that, in relating the affairs of the Plantation, he has carried himself so as to merit their commendation both of his own services and of those of the Council.—Whitehall, 6 April 1609.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, T. Suffolke, E. Worcester, E. Wotton, L. Stanhope, E. Bruce, Jul. Cæsar, Thos. Parry.

P. ½. Sealed. Add. Endd.

331. Earl of Thomond to Salisbury. [April 6.] S.P., Ireland, vol.226, 63.

Recommends his countryman, Mr. Doctor Daniel, for preferment to the Archbishopric of Tuam. His labours in translating the New Testament and Book of Common Prayers into the Irish tongue, for the general good of this kingdom, deserve both commendation and reward; his continual preaching also, both in English and Irish, has won him love and credit. Would to God there were many of his sort, so able and willing to do good in this church. Then doubts not the church would flourish. The State has had sufficient trial of his ability in church government, having employed him in many services;—especially of late by joiner of him with the Lord Chancellor in Commission for visiting the disordered dioceses of Cashel, Imly, Waterford, and Lismore, and by sending him afterwards as sole Commissioner to settle reformation there. Could heartily wish for his own part that his employment might fall out near Thomond, in order that the Bishop might receive assistance from him and he comfort from the Bishop. But, seeing that both the State and province of Connaught in general (wherein he has heretofore taken great pains, especially in Galway by the appointment of the State), earnestly wish his return, cannot but, in his love to him and his good wishes to those parts, most earnestly recommend him to his Lordship; hoping that in time he may be translated to a better place, if his desert deceive not their expectation.— 6 April 1609.

P. 1. Signed. Add. Endd.

332. Duplicate of No. 331. [April 6.] S.P., Ireland, vol. 226, 64.

P. 1. Add. Endd.

333. Sir Arthur Chichester to the Privy Council. [April 7.] S.P., Ireland, vol. 226, 65.

The Earl of Thomond came hither lately, and has brought with him, of the pirates, only Jennings and Roope;—the first in condition of a prisoner, the other upon protection, and with assurance given to procure his pardon if by any good means he can. He has left Trevor, Drake, and Jacobson, the master, behind him with the charge of the ship, and upon like conditions and assurance with Roope, together also with some four or five others, prisoners, that are but common persons. The rest of the company were delivered over to the Vice-Admiral, to be transported into England according to the promise made to them. Sends herewith the examinations of Jennings and Roope, as they have been taken by the Lord Chancellor and others of this Council.

Is given to understand that Jennings, after his coming to the river Shannon, and his offer of his ship and goods to His Majesty's disposing, as he has formerly certified, did not intend to go any more to sea, but being penitent for his former courses, as it seems, resolved (as the year before he had offered to the Lord President of Munster) to submit himself freely to the King's gracious mercy, if he could not prevail upon other conditions; and thereupon having had some conference with the Earl, brought soon after to shore some necessaries for himself, without the privity of any of the company, except some of those he has named, whom he knew to be inclined as himself was. After his apprehension (which was otherwise than he made account of) the Earl dealt with Roope, who was likewise apprehended at the same time, and the others formerly mentioned, to persuade the rest of the company to stay and deliver up the ship, which at length was effected by their mediation; howsoever, upon the first bruit of the arrest of Jennings, they made preparation to go to sea and to depart the coast. This is affirmed to be effected with the great grief and repining of Jennings, because they had outstripped him in the merit of that service which himself had begun and intended to accomplish.

Before he saw and spake with Jennings, confesses he wished him and all his consorts hanged for the wrong which he and others of his sort do to this nation and government specially; but now his free submission or offer to submit himself confidently to His Majesty's mercy, his contrition, his respective usage of His Majesty's natural subjects in preserving their goods and restoring what he found of theirs at any time in strange bottoms, (whereof the Lord President of Munster has given and can give good testimony,) and his abilities to do the King some good and faithful service hereafter, together with some other reasonable considerations, do in his opinion deserve some commiseration and favour towards him. But he will no further intercede for him than as his Lordship may otherwise think it fitting in honour or wisdom.

Is given to understand that the Vice-Admiral has taken inventory of all that was found aboard the ship at his coming, and has unladen and laid them up at Limbricque [Limerick]. It is not to be doubted but the small ends (which were the best commodities) were carried away in the shipmen's great breeches; but Jennings is left here as it were in his light doublet and hose, without any means but what the Earl allows him for his needful maintenance out of the goods he had.

The Earl delivered to him, in the presence of the Council and of Jennings himself, only certain parcels of diamonds, which are all close sealed up in a small bag, and, for ought he can judge by the parcels opened, of small value. What they are and as they are, so they shall remain until he receives their Lordships' further directions; which he craves the rather since the charge of the ship, her keepers, and others will eat up all, or the greatest part, of the goods in short time. The ship will likewise undoubtedly decay, if she be not cared for very shortly, for she was sore beaten and bruised by a French manof-war before she last came hither.

Has directed the Earl of Thomond to send the few prisoners he has, if they be worthy the sending, together with their examinations, to Bristol or Barnestaple, according to their Lordships' former directions. Retains Jennings here until the proprietors or any other to whom they may appertain, shall come to lay claim justly to the goods, to the end he may yield a true account thereof, if possibly he can.

Understands that Bushope and some other pirates are now about these coasts. If he or any other should offer to submit themselves upon such terms and conditions as they can bring them to, desires to be instructed how far he may deal with them.

Has no other occurrence of importance to certify out of these parts more than that of late he has gotten the head of Brianne-Savagh M'Mahouna, a notable rebel for many years past. He was brother to that M'Mahoune who was executed at Monaghan (in the government of Sir William Fitzwilliams), by whose attainder the lands of that county for the most part accrued to the Crown. Here is also fresh report of the assured hope which Tyrone has of returning with force, and it is a matter exceedingly wished by many that may soon have just cause to repent it.

Finds himself exceedingly bound to their Lordships for the honourable good opinion and favours continued towards him. —Dublin, 7 April 1609.

Roope, Trevor, Drake, and Jacobesonne expect the King's gracious pardon, according to the hopes given them by the Earl of Thomond. Desires their pleasure therein, that he may rid himself of them. But to be given them here (as it is said) will not avail them. If it would, they shall not have it without His Majesty's or their Lordships' directions.

Pp. 3. Signed. Add. Endd.

334. Sir Arthur Chichester to Salisbury. [April 7.] S.P., Ireland, vol. 226, 66.

The enclosed from the Lord Chancellor and himself have lain long by him for want of pessage and a trusty person by whom to convey them to his Lordship; the declaration of the party contains matter which greatly troubled him when he first heard it from the Chancellor, and he well perceives by him that he was and is perplexed in the same kind. Finds by the party that he discovered what he had heard accidentally, and the Lord Chancellor wishes with all his heart he had never imparted it to him. When he understood thereof, he thought it the safest course for him to proceed to an examination of the party, and to transmit the same to His Lordship, as he has done; and what he shall further direct shall be faithfully performed. Sir Thomas Phillips, who is the bearer of these, has occasion to repair thither concerning his private. He prays him to offer his excuses for making some hasty advertisements to his Lordship upon the revolt of O'Doghertie, which in that point of Sir Neale O'Donnell's proclaiming himself O'Donnell, fell not out, as he was informed, not for want of good will in Neale (as is now apparent), but by his being prevented. That error will make him more wary in his intelligence henceforth.

Sir Thomas is not unknown to his Lordship, and he (Chichester) has so good experience of him that he may boldly recommend him. He and a few others who have spent much of their time in the service of Ulster, and are now seated there, some with companies, others in wards, would gladly undertake part of the escheated lands if they might have it assigned near the garrisons and forts they hold, which for the most part is the worst land, and lies in the most dangerous places.

Thinks this course would avail His Majesty as well in his service as them in their profits; for, if they have their portions assigned to them of the lands next adjoining to that which is or shall be laid to the forts, they may attend the building and settlement of their own, and likewise the charge committed unto them by His Majesty; whereas in taking it by lot (which may fall out a dozen or 20 miles off) by caring for the one, they may chance to omit the other. Thinks this consideration has stayed them all from seeking of him for any portion at all; albeit it was never meant by him that these men should be put to lots for their portions, but strangers, to whom all places were alike, the division being equally made.

The Earl of Thomond and the Lord President of Munster are now with him, whose business (the one touching Jennings, the pirate, and the other for the affairs of that province) takes up so much of his time that he prays his Lordship to await until the next passage his return of answer to the proposition for transportation of raw hides and other particulars.

The arrival of a portion of treasure was the more welcome in that it came at that time unlooked for and in specie, as it was delivered, which has been a great comfort and relief to all in general.

Recounts, in conclusion, the death of Brian-ne-Savagh M'Mahoune, who had been a rebel these two years.—Dublin, 7 April 1609.

Pp. 2. Signed. Add. Endd.

335. Lords of the Council to Sir Arthur Chichester. [April 8.] Carew MSS., vol. 609, p. 174.

The corporation of Waterford have petitioned to have the town and lands of Ballycrokill, being their inheritance by grant from the late Queen, brought within their liberties and made part of the county of the city; and also complain of an unjust charge for the lodging of 100 soldiers of Sir Richard Morison. The King grants the former; for the latter, they (the Lords) direct Chichester to examine the complaint, and to take order to reform the matter.—Court at Whitehall, 8 April 1609.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, Tho. Suffolk, E. Worcester, E. Wotton, L. Stanhope, Jul. Cæsar, E. Bruce.

Pp. 2. Copy. Endd.

336. Lords of the Council to Chichester. [April 9.] Philad. P., vol. 3, p. 371.

Of divers statutes enacted in that kingdom some have been printed and published, and others remain unpublished among the Chancery rolls of Parliament. Hence has arisen much confusion and prejudice to His Majesty, as well as dissatisfaction to the subject, as has appeared in the late matter of the customs, as well as in other affairs. It is therefore His Majesty's pleasure, in order that all men may have knowledge of the statutes, and that the agents of the corporate towns may receive satisfaction, that his Lordship should appoint some of the judges and learned counsel to review the Acts of Parliament, and, having perfected as well the printed as the unprinted ones, to have them all collected into one body, and printed and published in such good order and method as to his Lordship and the judges small seem fit.—Whitehall, 9 April 1609.

Signed: R. Cant., R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester, L. Stanhope, E. Bruce, Jul. Cæsar, Thos. Parry.

P. 1. Sealed. Add. Endd.

337. The King to the Lord Deputy and Chancellor. [April 11.] Philad. P., vol. 1, p. 312.

Signified formerly to them his pleasure as to the remission of certain arrears of rent due by Mr. Arthur Denny for his lands in Munster. He (Denny) has since made suit for an abatement of the rents; and, having referred the petition to learned counsel, His Majesty is pleased to direct that the rent be reduced to the rate paid by undertakers in the county of Cork, as his Lordship and the Commissioners of defective titles may see fit.—Westminster, 11 April, in the seventh year of the reign.

P. ½. Orig. Add. Endd.

338. The King to Sir Arthur Chichester. [April 13.] Philad. P., vol. 1, p. 314.

The case of the Baron of Howth is well known to his Lordship, as well when he was subject to some impeachment in point of loyalty, as since he has given proofs of fidelity in the performance of his duty. His faithful discharge of this duty having drawn on him the disfavour of some persons, the King commends him to the protection and favour of his Lordship, he having conformed himself to His Majesty's pleasure, and departing in a clear conceit of his loyalty. Recommends him to be employed in any fitting service which may fall out.

As to Sir Garrett Moore, his case is, in part, of a nature which can only be known to God and to himself; but His Majesty, unwilling to be captious in taking advantage against his subjects, especially those whose religion he has no cause to doubt, has preferred, in defect of legal evidence, to dismiss him with favour, rather than to enter into any curious examination. As to his controversy with the Lord Howth, His Majesty desires him (the Lord Deputy) to inform him that if he should find him to retain towards Lord Howth any dregs of displeasure, he will hold him unworthy the favour he has shown him. The Lord Deputy and Council and His Majesty's judges are to do him right in all causes of justice which shall concern him. A conceit has arisen that in his disclosures regarding the conspiracy, the Lord Howth compromised the safety of Lord Delvin. Declares in verbo regis that this is untrue, and that Lord Howth was more careful of Delvin's safety than of his own. Charges the latter, therefore, to dismiss all unkindly memories of the affair, and directs Chichester to assure him, that, if the King should find his carriage towards Lord Howth otherwise, it will be highly displeasing to him.—Westminster, 13 April, in the 7th year of the reign.

Pp. 2. Orig. Sealed. Add. Endd.

339. The King to Sir Arthur Chichester. [April 13.] Philad. P., vol. 1. 1, p. 313.

The Lord Dudley having worthily spent many years in the service of that realm, both in the late Queen's time and his own, it is the King's pleasure that he be called for the place of a councillor of that realm, and take the oaths accustomed. —Westminster, 13 April, in the 7th year of the reign.

P. ½. Orig. Sealed. Add. Endd.

340. Ralph Birchensha to Salisbury. [April 14.] S.P., Ireland, vol. 226, 67.

Has returned from a journey of 460 miles, and has delivered his certificate of musters to the Lord Deputy. Complains of the inordinate desire that some commanders have for their private profit. Requests his allowance may be paid in sterling money.—Dublin, 14 April 1609.

P. 1. Signed. Add. Endd.

341. Sir Arthur Chichester to [Salisbury]. [April 14.] S.P., Ireland, vol. 226, 68.

His former letters having been at sea, and returned, have so long attended a passage, that these will come at the same time with them. Sends herewith his conceit of the suit pre ferred for transportation of raw hides, in which he has had the advice of some of the Council, and so leaves it to his further consideration. On the 13th of this instant, the mayor of Chester advertised him that he had lighted upon sundry popish books, printed and manuscript, with papers and other relics which were intended to be brought over into this kingdom by one Hamlyn, who was lately there an agent for this city. Sent for Hamlyn, and understands by him that the fardle in which the books, &c. were found, was to be delivered to a younger son of Sir Christopher Plunkett's, from an elder brother of his, a student in the Inns of Court there.

This younger son of Sir Christopher's was brought up in the college at Dowaye, and coming thence to London, about six months since, met with one Neugent, a Jesuit, who prayed him to convey that fardle after him into Ireland; which (as he says) after protestations of the party that there was only in it certain books of history, philosophy, and other sciences, he undertook to send after him, and the rather because Neugent promised him some of them at his coming into this kingdom; but the young gentleman coming from London sooner than he intended, at the priests' departure from him (for so he terms him), left the fardle with his brother, who dealt with Hamlyn to bring it hither. At Chester it fell into the mayor's hands. Has taken security for the appearance of young Plunkett and Hamlyn, of which he thought fit to give his Lordship notice.

There are many priests, seminaries, and Jesuits lately come into this kingdom, who have had sundry conventicles and meetings. The last and greatest that he hears of was upon the borders of the country of Tipperary; which country is the principal receptacle and safeguard of those poisoners of the subjects' hearts, but altogether, he thinks, without the privity of the Earl of Ormond. There came to this assembly (as he is credibly informed) above 7,000 persons of all sorts. Yesterday morning was the first notice he had thereof, and this day they are all dismissed. Has sent for a gentleman that was there, from whom he conceives he shall be informed in the particulars and of the cause of their meeting, which is said to be for pardons lately come from Rome for all offences and sins committed for the 16 years last past. These conventicles and meetings have been noted to be the forerunners of rebellion, and he prays God this prove otherwise. Sure he is they ground their hopes on Tyrone, and his return was never more expected.

Renders his special thanks for the favour he has done him concerning O'Dogherty's country. All that he is rests at his Lordship's commandment, and shall, whilst he lives; and all is too little to deserve what he has received from him, not only in services done for him, but likewise in protecting him from the malice of such as seek to do him harm, upon unjust and ill-grounded pretences.

This rumour of Tyrone's return has somewhat cooled men's affections to the Ulster plantation. Yet their noble Treasurer (who will adventure at the hardest times when it shall give furtherance to His Majesty's designs), now offers to undertake a double portion or more, if it stand with the rules of the project; and this example he doubts not others will follow, when the commission is once on foot; but there is such store of waste land in Connaught and other parts to be had for a little money, that they look not into Ulster, as otherwise they would.—Dublin Castle, 15 April 1609.

Pp. 3. Signed.

342. Sir Robert Jacob (Solicitor-General) to Salisbury. [April 15.] S.P., Ireland, vol. 226, 69.

Although it may seem a boldness and presumption in him to write to a personage of so great honour and authority, being but a mere stranger and not known to his Lordship except by the recommendation of some of his friends, yet in regard that the principal direction and ordering of the affairs of this kingdom of Ireland (wherein he serves His Majesty as his Solicitor), is committed to his Lordship's care, and as he came to this place by his favour at the suit of their worthy Lord Deputy, he has thought it his duty to present to him such occurrents as happened in his last circuit into Ulster, and to recommend to his consideration a view and model of the present condition of those northern parts, having a purpose hereafter to give him an account from time to time of the charges of the same, as they shall happen to suffer any alteration or revolution.

On the 27th February last, was sent justice of assize into the province of Ulster; and the first place where they sate was at the Newry, in the county of Down, where they found the country as quiet as the English Pale, saving only it was reported that there were six or seven woodkerne out, which lay about the pass of the Moyery, which is in the midway betwixt Dondalke and the Newrye. All that country is (as the rest of the north is) false in their hearts, though they make a fair outward show of obedience; but so long as their leader, Sir Arthur Macginesse, is kept under, they dare not attempt anything. Sir Arthur Macginesse was very busy this last term about the dividing of his country and seeking to get more land to himself;—as if he meant nothing but peace, and to set up his rest upon that portion which was left to him, which although at first he seemed to mislike, yet at last he was very well contented therewith. And yet the dividing of so large a territory into several men's hands, whereof he himself had been heretofore the sole proprietor, will so weaken him and raise up so many opponents against him, that he will never be able to make any strong party if the freeholders' patents shall once be made, and the country continue quiet but two or three years. This work of dividing that country was principally imposed upon himself (Jacob) by the Lord Deputy and Council. The division was made this last term, and the freeholders had several particulars of such lands as were assigned unto them; and this next term Sir Arthur Macginesse is to surrender up his letters patent, and then he and the freeholders are to take new grants from His Majesty.

From the Newry went on in their circuit through Killultagh into the county of Antrim, where they had no commission to sit (for what cause he knows not); and in two days' journey they found almost no habitation, but at those places where they lodged. From thence crossed the river of the Banne and went into the county of Coleraine, called O'Cane's Country, where they held their sessions at Lemyvaddy, O'Cane's principal house, being an ill-favoured, ruinous castle, but good land round about it. The people of that country are yet in peace, although they had many inducements to make them think they would revolt as soon as opportunity should be offered. There are divers persons that live upon the spoil betwixt the castle of Dongiven and Glanconcane; but now Captain Dodington has a ward of 14 men at Dongiven, whereby it is possible that he may clear those parts of such unprofitable members of the commonwealth. It is for the most part a champaigne country, and lies all upon Loughfoile; and where the woods are, the passes are well cut and made very passable.

Sate likewise at the Derry. It was the fairest-begun city that ever was made in so short a time, and so well seated upon a goodly river; but now all is wasted, saving only the rampiers of the forts; and it is hardly to be brought to his [its] former goodness, unless some great man, who shall be lord of O'Doghertie's country, shall make his principal residence there. In the meantime it is a place of small strength, and lies at the mercy of any that will attempt to seize upon it. Besides, there is never a provost, vice-provost, nor other governor, but only the two sheriffs of the town, who are simple men, and not of wisdom or authority to govern a place of that importance.

From hence they went into Tyrconnell, which is now called the county of Donegal, and there held their sessions at Lifford. This country is yet the worst of all the north, the people ever expecting news of some forces to come from beyond the seas. There be four notable rebels in that county, Neal M'Swyny-doe, Edmond O'Donnell, and one Edmond O'Molarchy, a friar (who was the first plotter and contriver of O'Doghertie's treasons), and another friar called Tirlagh O'Gallaghor. The first two are lately fled from thence, and lurk closely in the county of Cavan; the other two wander up and down, like Satan compassing the earth, seducing the people, and persuading them to run into rebellion, who are too apt to run into it of themselves. Another of the M'Swynes, called M'Swyny Banaght, was indicted and arraigned before them for entering into Calebegg [Killybegs] with 60 or 80 men in warlike manner, the same day that the Derry was burnt; but although the presumptions were very great and the circumstances many that his intent was treasonable, and that he meant to have kept the town for himself, if the Lifford and other towns had been surprised by Sir Neal Garvy O'Donnell and others, according to their project, yet the jury (who were of the best men of that county) would not find him guilty of treason, but acquitted him thereof. Bound him over, therefore, with two sufficient sureties to the next assizes, and also bound the jury which acquitted him in 1,200l. for his good behaviour during his life. M'Swyny Fanaght sate with them as a justice of peace, though he came in an uncivil manner in his mantle; but Sir Mulmury M'Swyne (who is a younger brother of the house of Doe), was then at Dublin upon pretence of some business, because he was afraid to be called in question before them for some things which he doubted would be construed for treason. These four M'Swynes are the only men of account left in Tyrconnell, and yet they are but followers of the O'Donnells; but of the O'Donnells there is not one man left of any reckoning, now that Sir Neale Garvy is clapped up in prison.

When they came to Dungannon and kept their assizes there, they found that country, which was wont to be the receptacle of all traitors, in best order of all Ulster. There was not one arraigned for treason, but only some few for petty felonies. All that country is in peace, and exceedingly well governed by the discreet and temperate carriage of Sir Toby Caulefield, upon whom they rely greatly, and by whom they will be very much directed. There is never a great man of the O'Neales left, but Sir Tirlogh M'Henry, who dwells in the county of Armagh; he is Tyrone's half brother, the most eminent man and the most potent of that name, and the next, if Tyrone come not again; he has three sons who are swordmen, which is a great motive to the people to follow him, and he has linked himself with the most powerful men in that country. This man is very much to be suspected, for he has 100 men at his command, and gives meat and drink and wages (which they call bonnaght), to idle and loose persons, which has always been a course held amongst the Irish to make themselves great; but the noble Lord Deputy (who will not spare his purse to do the King service) has set such a spy upon him, that he shall not plot or practise anything against the State, but they shall presently have advertisement of it.

The county of Armagh is somewhat disquieted by reason that the rebel Oghey O'Hanlon (whose country lies in that county) robs, and burns, and spoils all the borderers near about him. About two days before they held their sessions there, he killed one M'Court, and burnt his house and robbed 16 passengers in the Fughes, near Sir Tirlagh M'Henry's, in one day; and yet he has but four or five in his company.

Upon complaint thereof made to them by the parties that were robbed, they ordered that all the damages which they had sustained should be levied upon those two baronies where the robberies were committed, and it is likely that those payments will be a means to drive him out of that country, or an occasion that he will be the sooner apprehended. Sir Tirlagh M'Henry might easily take him, if he listed; but he will not be persuaded unto it, because O'Hanlon is Tyrone's sister's son, and besides he may make a strong party for Sir Tirlagh, if he have any purpose to stand for the title of O'Neale. There is never another rebel out in those parts, now that Bryan-neSavagh M'Mahonne is slain, and Bryan M'Arte's bastard son is fled into Munster, to try if he can secretly pass beyond the seas; so that all the rebels in Ulster are but six men of account, whereof only Oghey Oge O'Hanlon is in action, hoping thereby to enforce the State to give him his pardon. The rest but lurk secretly without doing any hurt, desiring nothing but to save their lives. Nevertheless, there are great probabilities that all the people of that province would easily run into rebellion if Tyrone should return, or if any munition or aid should be sent them from foreign parts: for they are all generally diseased with the rumour of the new plantation that is intended, not so much for the manner of it, as because they are afraid to be supplanted or mastered by the English. For though in their (the State's) view, all the land be in the King's hands, yet the Irish deny this, and claim it as their own inheritance; alleging that they have ever been freeholders thereof, and that their lords had only a chiefry out of it. Besides their priests (who are many) have such a commanding power over them that they can persuade them to hazard their estates and their lives, whensoever they shall call them unto it. In the county of Monaghan, all the M'Mahowns, who are many and of divers septs or kindreds, and were always wont to be divided into several factions, are now strangely united, not for any love that they bear one to another, but rather the better so enable them to execute some conspiracy against the State; for it is almost an infallible rule, that none of those Irish at any time serve their Prince against their countrymen; except when some of their own adversaries are out in rebellion, to the end that by that means they may have the more power and opportunity to be revenged upon their enemies. The only thing that keeps them in subjection is their want of arms; for there is a strict course holden against the Irish, that all their weapons are taken from them and brought into the King's store, so that they have no means of themselves to enable them for a war. O'Dogherty could not have done much hurt, if he had not lighted upon the King's storehouse at first, so as to arm his men. But they want no men, notwithstanding the late wars, the famine, and the great plague that was amongst them; for there are 5,000 men booked in Tyrone and Coleraine, 4,000 in Armagh, 6,000 in Tyrconnell, and in other counties 3,000; in others, 4,000; so that in all that province there are at the least 20,000 men of the sword. They want a great man to be president amongst them, whose countenance, power, and authority might govern them and keep them in awe; for now they are a multitude without a head, and the country lies open to all invasions, having neither men nor means to make resistance.

Has been bold thus to report the present state of that province, which, he fears, will ever retain the name of the wild Irish, and most humbly recommends the same to his Lordship's wisdom and consideration. Could write of divers inconveniences which are fit to be remedied in this kingdom, but fears to offend in length; but, when he shall understand that his relations are not tedious or troublesome to his Lordship, he will discover them particularly and truly to him; knowing that he sits at the helm, and stirs and sways the affairs of this kingdom, and therefore may give direction for the amendment of that which is amiss.— Dublin, 15 April 1609.

Pp. 8. Signed. Endd.

343. Lords of the Council to Sir Arthur Chichester. [April 17.] Philad. P., vol. 3, p. 373.

A suit has been presented to them by Captain Richard Bingley to be appointed Muster-master of the province of Leinster;—an appointment which appears to them very expedient as well for the purpose of training the selected bands as for other reasons alleged in his petition, which is enclosed. His Lordship is therefore directed to consider how it may be arranged, and how the recompense is to be provided by some contribution without increasing the King's charge; and on his reporting his opinion to them he shall receive directions accordingly.—Whitehall, 17 April 1609.

Signed: R. Cant., R. Salisbury, H. Northampton, T. Suffolke, E. Zouche, J. Herbert, L. Stanhope, Jul. Cæsar.

P. 1. Sealed. Add. Endd.

344. Return of Export of Hides from Dublin. [April 20.] S.P., Ireland, vol. 226, 70.

A true certificate of all such salted and tanned hides as have been laden in the port of Dublin for three whole years last past, according as by the farmer of the customs and subsidies of the said port have received custom for the same.

Dublin.—From the 20th of April 1606 till the 20th of April then next following 1607, salted hides 9 last.
20th April 1606 till 20th April 1607, tanned hides 1 last, 4 dicker.
20th April 1607 till 20th April 1608, salted hides 8 last, 3 dicker.
20th April 1607 till 20th April 1608, tanned hides 2 last, 2 dicker.
20th April 1608 till 20th April 1609, salted hides 13 last, 7 dicker.
20th April 1608 till 20th April 1609, tanned hides 5 last, 6 dicker.

The custom due for the said hides is, for every last of salted hides, laden by a freeman of the city, 10s. sterling, and for every last laden by a stranger, 40s. sterling, but freemen lade them altogether for saving of the custom.

The custom of tanned hides is usually 50s. sterling for the last, which is paid as well by freemen as strangers, for that they are prohibited to be carried out of the realm by statute without paying 5l. in a last for custom to the King's Majesty. —Geo. Grymesdiche.

In the hand of Chichester: "By this it appears that out of the port of Dublin for three years last past hath been transported only—

Raw hides, 30 last, 10 dicker, in hides 6,100.
Tanned hides, 7 last, 11 dicker, " 1,510."

P. 1. Endd.

345. Treasurer-at-War's Account, September 1603–June 1606. [April 22.] Lansdowne MSS. vol. 159, p. 34. f. 148.

A brief declaration of the accompt of Sir George Carey, Knight, Treasurer-at-War, within the realm of Ireland, from 1 October 1603 to 30 June 1606.

Pp. 4. Endd.: "22 April 1609. A declaration of the Irish accompt from Sept. 1603 till June 1606."

346. Lords of the Council to Sir Arthur Chichester. [April 24.] Philad. P., vol. 3, p. 375.

Sir James Fitz-Piers [FitzGerald], having dispatched the private affairs on which he had come over with his Lordship's recommendations, is about to return to Ireland. They are willing to let him taste the fruits of his good deserts; but as his suit is for an allotment of the escheated lands, which is reserved for the disposal to be made in that kingdom, they can but recommend his suit for one of the greatest proportions of those lands, to such favour and respect as are afforded to any other suitor in that kind, not doubting that his Lordship will be willing to acknowledge his past services, and that he will have good cause to find his favour well bestowed.— Whitehall, 24 April 1609.

Signed: T. Ellesmere, Canc., R. Salisbury, Notingham, T. Suffolke, E. Worcester, W. Knollys, E. Wotton, L. Stanhope, J. Herbert, Jul. Cæsar.

P. 1. Sealed. Add. Endd.: "From the Lords of the Councell on the behalfe of Sir James Fitz-Piers Fitzgerralde, in wh is made mention of his desire to undertake landes in Ulster. Rec. the 9th of No."

347. Lords of the Council to the Lord Deputy and Council. [April 24.] Philad. P., vol. 3, p. 377.

Have been informed that, upon the differences regarding the fishing of the Bann, which have grown between Sir Randall M'Donnell and Mr. James Hamilton, his Lordship has sequestered the profits as well of the quarter claimed by Sir Randall, as of the moiety on Tyrone's side, to which Mr. Nicholas Weston pretends some claim. Referred the matter to several commissioners, who, upon hearing of the parties and their counsel, and examining the titles to the fishing, have certified their opinions under their hands. Mr. James Hamilton now makes suit to have the mesne profits and the possession. But as the trial of the several titles and claims and of the sequestration cannot conveniently be determined except in Ireland, where the parties interested may prove their several claims, they (the Lords) have collected together all the certificates and opinions of the commissioners, which they send to his Lordship, directing him to call together some of the judges and learned counsel, and to take such course in the matter as may be most agreeable to equity, and also to determine it with all convenient expedition, so that the parties may enjoy the rights of fishing in the next season, and that His Majesty may be no further importuned in the matter.— Whitehall, 24 April 1609.

Signed: T. Ellesmere, Canc., R. Salisbury, H. Northampton, T. Suffolke, E. Worcester, W. Knollys, E. Wotton, L. Stanhope, J. Herbert, Jul. Cæsar.

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

348. Nicholas Weston's Petition to Lord Salisbury. [March 25.] Philad. P., vol. 3, p. 378.

Represents that, as security for a debt of 1,200l. the Earl of Tyrone had assigned to him the fishing of the Banne and the salmon leap in Tyrone, which he enjoyed for four years. Afterwards, the Lord Deputy and Council having thought fit that the fishing should be restored to Tyrone, it was ordered that Tyrone should give security for the payment of the debt with interest at 10 per cent.; but Tyrone, being sent for into England, he had come to petitioner, and told him that he had no other security to give, and therefore returned to him again the deed thereof passed to himself by Mr. James Hamilton.

Prays that either the aforesaid sum of 1,200l. may be paid to him with interest, out of the rents of Tyrone escheated to His Majesty, or else that the fishing left to him for security may be reserved to him, to be enjoyed according to equity till the cause shall be determined.

[Referred by the Lord Treasurer to the Master of the Rolls and the Attorney-General for Ireland to call Mr. Hamilton and the petitioner, and examine the matter and certify to him what they find.—25 March 1609.]

P. 1. Copy.

349. Certificate of Sir Anthony St. Leger and Sir John Davys. 1609. [April 3.] Philad. P., vol. 3, p. 378, dors.

Find that the right of the fishing remains with Mr. James Hamilton.

Find also that a sum reduced to 1,117l., and 20 in-calf cows, was due by the Earl of Tyrone to Nicholas Weston, and that payment thereof, with interest at 10 per cent. and security for said payment, was ordered to be made by the Earl, but that no such payment was made and no security given to Mr. Weston.

Recommend, therefore, in consideration of the loyal services rendered by the said Weston in the late rebellion, and known to Sir Anthony St. Leger, that His Majesty may be moved to direct that payment of the above debt, with interest, and of such further sum as may be proved to be due, may be made to Nicholas Weston out of the rents and profits of the escheated lands, until the said lands shall be allotted to undertakers upon the new plantation.

Signed by Sir Anthony St. Leger, and Sir John Davys.

Pp. 1½. Copy.

350. Lords of the Council to Sir Arthur Chichester. [April 27.] Philad. P., vol. 3, p. 383.

Commend the measures taken by him and the Earl of Thomond for the apprehension of the pirate Jennings, the course taken with regard to the ship, and the sequestering of the goods, until the rights of the proprietaries shall be ascertained. Direct that measures be taken for the safe keeping of the pirate and the sending him over, and that he be committed to the charge of some trusty persons, so as to guard against his escape, which would at this time give no small cause of scandal. Remind him that Captain Coward, to whom favour was lately shown in a similar case, has returned to his former courses, and is now a dangerous pirate. Jennings is to be sent over by a suitable ship and delivered to the charge of the Mayor of Chester, and there kept in prison till they shall have signified further as to the course to be held with him. And as the Earl of Thomond had undertaken that those who were induced to deliver up the captain and ship should have their pardon, they direct that they shall also be sent over for examination, in order that by aiding in the discovery of others they may deserve His Majesty's favour.—Whitehall, 27 April 1609.

Signed: R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester, E. Wotton, J. Herbert, Jul. Cæsar.

P. 1. Sealed. Add. Endd.

351. The King to Sir Arthur Chichester. [April 28.] Philad. P., vol. 1, p. 318.

Had already apprized him of the return of Lord Howth, and has now to communicate that of Sir Garrett Moore; and as in the matter in which Lord Howth had impeached his loyalty, His Majesty has chosen rather to judge of his loyalty by his former carriage and his disposition in religion, than by the allegations against him, he has restored him freely to his favour as before. Recommends him therefore to the same favourable judgment of his Lordship. Directs that the bonds for his appearance which were taken from him at his being sent over, shall be cancelled.—Westminster, 28 April, in the seventh year of the reign.

P. ½. Orig. Sealed. Add. Endd.

352. Sir John Davys to Salisbury. [April 28.] S.P., Ireland, vol. 226, 71.

Though at all times and places he remembers his duty to his Lordship, yet he did not think to express the same by letters until he should have arrived in Ireland. Howbeit, when he met with this enclosed letter, directed to him from the Lord Deputy, thought it his duty to transmit it to his Lordship, because it contains sundry matters which he should have moved if he had been present, and should have obtained his Lordship's direction therein. Touching the defects which the Lord Deputy notes in the printed project, if his Lordship had seen the instructions which are to be annexed to the commission of plantation, he should find that such liberty is given to the commissioners and so much is left to their discretion that all those defects may easily be supplied.

Marvels not a little that his Lordship should now expect further directions touching the proceeding against Neale Garve and O'Cahane; because he well remembers that he (Salisbury) signified the King's pleasure that they should be proceeded against the last term. But as concerning the traitors' children, how they shall be disposed of, thinks there has not been any express declaration of His Majesty's pleasure. For his particular, he is now at Chester expecting a passage, and hopes, by God's favour, to arrive at Dublin before the beginning of the term.—Chester, 28 April 1609.

P.S.—If his Lordship shall think it fit that Mr. Treasurer may have Brian-ne-Savagh M'Mahon's land in fee-farm, whereof the Lord Deputy makes mention in his letter, he (Davys) knows his industry and good mind to do good things so well, that he verily thinks it would be a profitable bounty to His Majesty.

P. 1. Signed. Add. Endd.

353. Earl of Kildare to Salisbury. [April 30.] S.P., Ireland, vol. 226, 72.

Writes in behalf of Mr. Burnell, who had been found guilty of putting the endorsements on the deed of jointure. Has sent a brief to the Lords. Impugns the judgment pronounced by the Lord Deputy and Council.—Dublin, last of April 1609.

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

354. Case of the Earl of Kildare. S.P., Ireland, vol. 226, 72 A.

Proofs of the truth and perfection of the deed ofEliz. in the Earl's lifetime, whereby the allegation that the same was forged after his death is meetly falsified.

P. 1. Endd.

355. Sir Thomas Phillipps's Petition. [April.] S.P., Ireland, vol. 226, 66 A.

Petition of Sir Thomas Phillipps to Salisbury, for a grant of the escheated lands lying near to Coleraine, where he had induced many English and Scotch to settle, and had nearly completed a fort.

P. 1.