Calendar of State Papers, Ireland, 1608-1610. Originally published by Longman and Co, London, 1874.
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James I: June 1609
377. Lord Danvers to Dudley Norton. [June 2.] S.P., Ireland, vol. 227, 84.
Being sure that his Lordship desires that these stranger merchants interested in the property of such goods as are saved or in the ship Jennings was master of, he adds his opinion that the Admiral's commissions will not procure them current satisfaction; suggests therefore that they should have letters from the Lords to the Lord Deputy. Pretermitted this yesterday, and leaves it to his discretion.—2 June 1609.
P. 1. Signed. Sealed. Add. Endd.
378. The King to Sir Arthur Chichester. [June 5.] Philad. P., vol. 1, p. 334.
The King having given permission to Sir Antony Sentleger, late Master of the Rolls of Ireland, to leave his place and make his abode in England, and having chosen Sir Francis Aungier, a counsellor-at-law here, for supply of that place, he (Sir Arthur) is required to admit him to that office, with all such fees, portcorn, house rent, allowance for beeves, and all such other allowances as Sir Antony Sentleger had while in that office.— Westminster, 5 June 1609.
P. ½. Signed at head. Add. Endd. At foot: "This is enrolled in the Councell book.—Pa. Fox."
379. The King to Sir Arthur Chichester. [June 5.] Philad. P., vol. 1, p. 336.
Sir John Denham, serjeant-at-law, to be appointed to the place of Chief Baron, vacant by the preferment of Sir Humphrey Wynche, late Chief Baron, to the post of Chief Justice. —Westminster, 5 June 1609.
P. ½. Signed at head. Add.: "Of the fyfth of June, 1609. From the Kinge's Majestie to sweare Sir John Denham of His Highness's Privie Councell, and to passe to him a patent for the office of Chief Baron, Re. the third of July." Enrol.
380. Lords of Council to Sir Arthur Chichester. [June 6.] Philad. P., vol. 3, p. 387.
Would have been willing to gratify the bearer, Sir Thomas Williams, in his suit for some certain proportion of land in the Ulster plantation, because of his long services in Ireland, only that it would have disordered the course set down for that plantation. They therefore refer him to his (Sir Arthur's) consideration, to gratify and encourage him as he best may.— Greenwich, 6 June 1609.
Signed: T. Ellesmere, Canc., R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester, E. Zouche, Jul. Cæsar.
P. ½. Add. Endd. by Sir Arthur Chichester: "From the Lls. of the Councell in the behalfe of Sr Thomas Williames for lands in Ulster. Re. the 6th of July."
381. The Second Proclamation touching Defective Titles and Surrenders. (fn. 1) [June 6.] Carew MSS., vol. 629, p. 137.
By the Lord Deputy and Council.
Dated at the Castle of Dublin and signed Thomas Dublin, Canc., Thomas Ridgeway, Richard Wingfield, Humph. Winch, Arch. Walch, Oliver Lambert, Garret Moore, Henry Power, Adam Loftus, Richard Cooke.—Printed at Dublin by John Francton, King's printer in Ireland.
P. 1. Printed.
382. Remembrances for the Ulster Plantation. [June 9.] Carew MSS., vol. 630, p. 7.
Remembrances for the Preparation of the Plantation, with articles to be sent to the Lord Deputy, to be annexed to the Commission of Survey, and for ordering titles, together with an advice for removing the natives who are swordmen. (fn. 2)
Concerning the place; namely, the perfecting of the proportions, the pacifying and ordering of the titles, and the removal of some of the natives. And also concerning the persons of the undertakers; who are of two sorts, the Servitors and Britons.
P. 1. Copy.
383. Sir John Davys to Salisbury. [June 10.] S.P., Ireland, vol. 227, 85.
Fears that these letters will come to his hands when wearied with suits and businesses of far greater importance than any advertisement he can give from hence. This is a tribute and a duty which he is pleased to accept; and therefore he is bold to write upon all opportunities, but does not wish his Lordship to read his letters, but at his full and best leisure.
The cities and port towns here begin to renew their charters, among the rest, Waterford, seeking to have confirmation of their ancient liberties.
Found in their old charters, strange and unreasonable clauses; namely:—
1. That they might lawfully sell all manner of victual and other things vendible to the King's enemies and rebels.
2. That they might give safe conduct to all the King's enemies and rebels.
3. That it should be lawful for them to keep and hold out of their city the King's Deputy or Lieutenant if he came with a greater company than they were able to master.
4. That if the Deputy or other magistrate should arrest any citizen of Waterford for any offence whatsoever, if the party arrested appealed to the King or Council of England, he should forthwith be set at liberty.
These and the like absurd and unreasonable privileges, being granted unto them in desperate times, he has omitted altogether out of their new charter, which he hopes his Lordship will approve as well done, if any complaint shall be made by them.
The Bishop of Waterford desires that the liberties of his church may be saved in this charter; whereupon he presumes to note one thing, which perhaps will make his Lordship smile. The Bishop would in nowise suffer the mayor to bear up his sword within the precinct of the cathedral church. The mayor and citizens being all Papists and recusants notwithstanding exclaim against the Bishop, affirming that he goes about to erect a papacy in Waterford, in that he will not admit the King's sword into his liberties, and desire us, that are the King's officers, to maintain the temporal sword against the usurpation of the clergy. The State here expects the commission for the plantation of Ulster with a kind of longing; because they doubt that the summer will be far spent before the commissioners can begin their journey, for which they can make no preparation until the commission, with the instructions, be transmitted. The martial men, though they refused to give in their names to the Lord Deputy for portions to be assigned to them, yet expect and desire to be undertakers, but they thought that by their refusal to accept their portions by lot, they should have had their choice of the best places; wherein now they think their expectation deceived. But they that expect and long for the settling of the peace of this kingdom, assure themselves that, if the empty veins of Ulster were once filled with good British blood, the whole body of this commonwealth would quickly recover perfection of health.
The fines imposed upon the recusants of Munster by Sir H. Brunker are drawn down to a low proportion, but not altogether remitted; the total will amount to a reasonable good sum, and yet the particular persons are reasonably well contented.
The Lord Deputy has been lately much importuned to prohibit the selling of wines without special license. His Lordship demanding his (Davys's) opinion, told him that the same suit had been often moved in England for this realm, but has not been thought fit to be granted as yet in this kingdom. —Dublin, 10 June 1609.
Pp. 2. Signed. Sealed. Add. Endd..
384. William Ravenscroft to Sir John Davys. [June 10.] Carte Papers, vol. 62, p. 324.
The bearer hereof, their noble friend, Sir John Denham, coming so fresh from the Court, will so amply furnish him with all present occurrents, that he (Ravenscroft) needs not to write much at this time, and yet the desire he has to hear from him commands him not to be silent.
The Sovereign never employed time more nobly than of late, before the holidays, in hearing the differences betwixt the judges and the Ecclesiastical Courts touching prohibitions; his scope and end being to cut off multiplicity and long sums of suits, which are grown to be too burdensome to the subject.
And now, since the holidays, he is giving public audience to other grievances against the officers of the navy, several days, both forenoon and afternoon, having been spent in either of these causes; wherein His Majesty has so equally, understandingly, and judicially carried himself as to him (Ravenscroft) it was very admirable, and he doubts not the commonwealth will be much advantaged by the example.
Sir John Denhan delivered unto him the King's Bench record of the attainder of Sir Walter Raleigh, and some others to be exemplified and transmitted into Ireland, which, because it was a matter commended by him (Sir John), he has the rather undertaken to dispatch to be sent over by Sir Francis Aungier; will disburse clerks' fees for writing and passing, to be considered as he (Sir John) shall find cause by those that are to be benefitted by it.
If he be weary of his late purchase at any time, prays him to let his friends know of it, and he shall have his money with advantage; but he (Ravenscroft) will rather wish him to keep it, and to add twice so much more to it at his next return.
Sends his very kind salutation to himself and that honourable lady, his bedfellow.
Lincoln's Inn, 10 June 1609.
P. 1. Hol. Add. "To the Right Worll his muche esteemed worthy frend Sr John Davies, Knt., Attorney Gen'all of Ireland."
385. The King to Sir Arthur Chichester. [June 13.] Philad. P., vol. 1, p. 338.
Directs him to accept surrender from Robert Nangle of Ballysax, in consideration of his good services to the Crown in Queen Elizabeth's time, and the recommendations as well of the former Deputy, as of him (Sir Arthur) for some recompense for his losses and maims, of the castle and lands of Ballisax in the county of Kildare, and the abbey called Hore Abbey in the county of Tipperary, and the poor friary of Kilmacahil in the county of Westmeath, and of all other the lands and rectories in Ireland, which he holds from the Crown for terms under 60 years or thereabouts, and to re-grant to him Ballisax and Hore Abbey, and the Friary of Kilmacahil, and all the said rectories for so many years as are yet to come of the said terms, and for 60 years further in reversion, reserving the former rents, with a covenant that he shall repair the ruinous castle of Ballisax, according to such directions as he shall receive from him (Sir Arthur) and the Council.—Westminster, 13 June 1609.
Pp. 1⅓. Signed at the head. Add. Enrol. in the Auditor's Office. Endd. by Sir Arthur Chichester: "Of the 13th of June 1609. From the Kinge's Matie on the behalfe of Robert Nangle. Re. the 7th of July."
386. Lords of the Council to Sir Arthur Chichester. [June 15.] Philad. P., vol. 3, p. 389.
Though the intended repair of Lady O'Dogherty, widow of the late traitor, to the Council in London, in pursuit of some relief, was prevented by his (Sir Arthur's) good discretion, and though she had small reason to undertake such a journey in hope of finding any favour there, both in respect of the traitor, her husband, and others to whom she is allied; yet, because it is said that her marriage money, which should have been paid by her brother, the Lord Viscount Gormanston, remains unpaid, they pray him (Sir Arthur) to have the matter examined into; and as her dower is forfeited by her husband's rebellion, the King will bestow upon her 40l. a year, to be paid out of the rents of Innishowen (lately O'Dogherty's land) during the King's pleasure.—Greenwich, 15 June 1609.
Signed: R. Cant., T. Ellesmere, Canc., H. Northampton, E. Zouche, J. Herbert, H. Bruce, Jul. Cæsar.
P. ¾. Add. Endd. by Sir Arthur Chichester: "Of the 15th of June 1609. From the Lords of the Counsell, to give 40l. per annum to the Ladie O'Doughertie out of the rents of Ennishowen, &c. Re. the 23rd of August 1609."
"This is enrolled in the Councell Book.—Pa. Fox."
387. Sir Arthur Chichester to Salisbury. [June 17.] S.P., Ireland, vol. 227, 86.
It is now almost three years since he first entered into the consideration of removing of the Moores and other unruly septs out of the Queen's County into some of the remote counties of this kingdom; and when he had obtained the King's letters to authorise and warrant him therein, he sought to bring it to pass by treaty and persuasion. To that end he employed Mr. Patrick Crosbie to deal with them, who, as he was told, had good credit and power among them. And forasmuch as he must have been at an extraordinary charge in winning them to his bias, and greatly hindered in his private by making his lands in that county waste through their remove from the same, he was an humble suitor to His Majesty for some recompense to be given to him. His Highness bestowed the lands of Terbert on him, with something else of no great value, and from that time to this, he has, at great charge and travel, carefully and painfully laboured to carry them thence by a mild and temperate course; and albeit he prevailed with some of the meaner sort, such as had little or nothing to live on, yet the most and chiefest could not be so led by him, partly out of their pride and affection to live where they had so often kindled the fire of rebellion, and more by the underhand dealing of such as at first pretended a willingness to be rid of them. But when he (Chichester) found by the project of the Ulster plantation, that, among other conclusions, a resolution was taken to remove the swordmen out of some of those shires, he thought it would have been one of Hercules' labours to have attempted that, if they could not effect this with all the providence, care, and travel they had employed. And, therefore, he resolved to add force to persuasion; and so with the terror of the one, and the travail and charge of Mr. Crosbie, with the good assistance given by Mr. Piggott, an honest and discreet gentleman of that county, the business is now fully brought to pass, and all the seven septs are departed thence, some into Thomonde, more into Connaught, and most into Kerry, with Mr. Crosbie; for which service he has passed him the manor of Terbert, and has forgiven him five years' rent due to His Majesty for his lands in the Queen's County, which exceeds not 12l. a year, and, by reason of the remove of those septs, is now become in a manner waste, according to His Majesty's directions. This he thinks is no full recompense for his travel and expenses, and he has, therefore, requested him to move his Lordship for the particulars mentioned in the note sent herewith. And albeit he thinks that he has deserved what is given him, even in his travels and expenses since he first entered into this business, and that his loss (most of his land lying waste as aforesaid) merits some further recompense, yet he will not press further in his behalf than may stand with his (Salisbury's) approbation, now that he understands the full effect of the business. He is greatly maliced for what he has done, and those septs will ever hate him (Chichester) deadly; but he doubts not the harm they can do to himself, and all he desires herein is that Mr. Crosbie may have his Lordship's favour for his speedy dispatch in his reasonable demands, that he may return to overlook and welcome his unruly guests into Kerry, and that Mr. Piggott may know that he has recommended his honest service.— Dublin Castle, 17 June 1609.
Has delivered to Mr. Crosbie such letters as the principal freeholders of the Queen's County writ to him, upon the remove of those septs, by which his Lordship may perceive that the business is effected to their good liking. Mr. Crosbie would have attended him there long ere this, but that he (Chichester) made stay of him, the better to perform the service for removing of the Moores and other septs, which at his request he thought fit to signify to his Lordship.
Pp. 2. Signed. Add. Endd.
388. The King to Sir Arthur Chichester. [June 19.] Philad. P., vol. 1, p. 340.
This gentleman, Captain [ ] Steward, who led a company of men into that country out of Scotland, has humbly besought His Majesty for some part of the escheated lands in the province of Ulster to be bestowed upon him. And though His Majesty will not alter the common course intended for all servitors, he yet desires extraordinary respect to be shown to him when the distribution shall come, "in regard he hath been one of the country of Scotland that hath first borne the brunt of service against those rebels;" so that, if there shall be any part of those lands which he shall specially affect, and that they may be granted to him without interruption of the common allotment, he may therein be regarded before another.—Westminster, 19 June 1609.
P. ½. Signed at head. Add. Endd. by Sir Arthur Chichester: "Of the 19th of June 1609. From the Kinge's Matie, in the behalfe of Capt. Steward for a portion of the escheated lands, &c. Re. the 28th of July."
389. The King to Sir Arthur Chichester. [June 19.] Philad. P., vol. 1, p. 342.
Orders that Sir John Jephson shall, in consideration of his long service in Ireland, be admitted of the Privy Council. And that Sir John King, who succeeds Sir James Fullerton in the office of Mustermaster-General, shall be likewise of the Council, for the better authorising him in the execution of his office, as Sir James Fullerton was.—Westminster, 19 June 1609.
P. ½. Signed at head. Add. Endd. by Sir Arthur Chichester: "Of the 19th of June 1609. From the Kinge's Matie, to swear Sir John Jephsonne, and Sir John Kinge of the Privie Councell. Re. the 29th of July."
"This is enrolled in the Councell Booke.—Pa. Foxe."
390. Lords of Council to Sir Arthur Chichester. [June 20.] Philad. P., vol. 3. p. 391.
Are surprised to hear from Sir John Davys, the King's Attorney, that he (Sir Arthur) delays to bring Neale Garve and O'Kane to their trial, (who were arraigned last term, and are to receive their trials as soon as juries can be returned from the counties where their treasons were committed), expecting some further direction hence; the more especially as the Attorney was here present when his letter was received, signifying the danger of the persons (escape) and how plainly the evidence against them was proved. And it was left to him to report the King's resolution. Understanding that further and conclusive evidence has been since obtained against them, they request he will give present order for their speedy trial. With regard to Rorie O'Donnel, the traitor's only lawful brother, apprehended by Sir James Parrott, whom the Judge of Assize of the county of Down declined to try as being only eleven years of age, and very simple, His Majesty approves of the Judge's conduct and commends Sir James Parrott for his diligence. For the other two children, the one being a child to the late Earl of Tyrone, and the other of Caphar O'Donel, Tyrconnell's brother, His Majesty directs that they shall only have such allowance as may be fit for branches sprung from such traitorous and illdeserving parents, and shall be detained there, without putting His Majesty to any further trouble or charge.—Whitehall, 20 June 1609.
Signed: R. Cant., T. Ellesmere, R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester, E. Zouche, W. Knollys, Jul. Cæsar.
P. ¾. Add. Endd. by Sir Arthur Chichester: "Of the 20th of June 1609. From the Lords of the Councell, to putt Sr Neale O'Donnell and Sir Donnell O'Cahaine to their trialls, and signifieing their pleasures tutchinge the chyldren of Tyrone, &c. Re. the second of July."
391. Sir John Bourchier to Salisbury. [June 21.] S.P., Ireland, vol. 227, 87.
Having premised a long apology, he proceeds to report a matter which came to his knowledge yesternight. There is in Ireland one Captain Bartholomew Owine, not long since, he understands, much accounted of and privately trusted by the Earl of Tyrone, who being employed at Dublin by the said Earl at his departure (the same being hastened sooner than was intended), he was by that occasion left behind, yet carried himself in so subtle a fashion that the horses and many other things left by the said Earl were committed to his custody. This man very lately brought into Cheshire a young son of his own to be kept, and is again returned into Ireland with a purpose very shortly to quit himself thence and to repair to the said Earl. Wherefore that his courage and cunning may add danger to a desperate resolution, and being so well assured of his Lordship's prudent care and great vigilance over these kingdoms for the good and safety thereof, he holds it probable that some use might be made of this unexpected advertisement.
Purposely encloses this letter to one now at London to be delivered by him, his man being presently ready to ride. Neither the party himself from whom he gathered this report nor any other knows one word thereof or of any purpose at all on his part of writing to his Lordship.—Grimston, 21 June 1609.
P. 1. Signed. Add. Endd.
392. Lords of the Council to Sir Arthur Chichester. [June 22.] Philad. P., vol. 3, p. 393.
Direct him to grant to the bearer, Captain Anthony Huggon, 200l. current English money and the post of Provost Marshal (a post which he formerly held), whenever there shall be need of such an office, in consideration that he has been long kept out of a pension of 4s. per day ordered him by the late Queen, having only received 1s. 6d. per day since that time.—Greenwich, 22 June 1609.
Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, Notingham, E. Worcester, E. Zouche, W. Knollys.
P. ¾. Add. Endd. by Sir Arthur Chichester: "Of the 22 of June 1609. From the Lls. of the Councell to geve unto Captain Huggen 200l. by concordatum, &c. Re. the last of [ ]."
393. Lords of the Council to Sir Arthur Chichester. [June 23.] Philad. P., vol. 3, p. 395.
"After our hearty commendations to your Lordship. Whereas upon suit made by the agent for the town of Youghal in December last (in the name and on the behalf of the rest of the inhabitants of that town), that in the division of the county of Cork (which was then intended in regard of the spaciousness thereof to be made two counties), the said town of Youghal might be a shire town in the new county as being the most fittest place for that purpose, we signified unto your Lordship by our letter bearing date the 20th of January last, that His Majesty was graciously pleased to yield unto their said suit, and to grant unto them other privileges and liberties as in the letters is expressed; forasmuch as His Majesty and we have since that time received information from the Lord President of Munster and by the gentlemen freeholders and others of the county aforesaid, that the dividing thereof in that sort will prove many ways enormous and inconvenient to the inhabitants in general (which was and is intended for their good), the said county being 60 miles in length, and Youghal standing at the east border thereof; we do therefore think it very unfit (although we hold the town of Youghal otherwise worthy to be favoured), that standing so near to Cork as it doth (being 26 miles distant from thence, and in the uttermost confines of the county eastward as aforesaid), they should be divided into two counties as by the said former direction was appointed. We do pray your Lordship to take special care that on the division of the said county it may be laid out into equal proportions as near as may be, so that Cork may continue the shire town (as it hath done) in the one, and Rosscarbery (being an ancient corporate town and the bishop's see), or some other town in the west (as your Lordship shall think fittest) may be the shire town of the new county. And if the baronies be too great, it is His Majesty's pleasure that they be divided. And whereas the White Knight's Country is now in three counties and answereth to none, His Majesty is likewise pleased that upon this division it be laid into one of the new counties at your Lordship's discretion. And so we bid your Lordship very heartily farewell.—Court off Greenwich, 23 June 1609."
Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, H. Northampton, E. Zouche, J. Herbert, H. Bruce, Jul. Cæsar.
P. 1. Add. Endd.: "23d Junii 1609. From the Lls. about the division of the county of Cork, Rosscarbery to be the head town of one. The White Knight's country to be laid to one of them."
394. Petition of Richard Plunkett, of Rathmore, to the Lord Deputy and Council. [June 23.] Carte Papers, vol. 61, p. 296.
Showing that Sir Theobald de Verdon was long since Lord of the Brenny, commonly called O'Reilly's Country, which was held of Sir Theobald by escuage uncertain, who had issue four daughters, Jane, Elizabeth, Margery, and Isabella, his daughters and heirs, to whom the said seignory and services descended; they made partition, as by deed ready to be shown at this honourable table may appear.
The Brenny aforesaid was allotted to Margery, the third daughter, who died seised, having issue Sir John Crews (Cruise) of Rathmore, Knight, son and heir to the said Margerie, to whom the premises descended by her death. Sir John had issue Sir Thomas, his son and heir; Sir Thomas had issue Dame Marian Cruise, his daughter and heir, who intermarried with Sir Thomas Plunkett of Rathmore, Knight, whose lineal heir their orator is.
Now the Brenny being come to His Majesty by the attainder of the inhabitants and tenants, so that petitioner's rents and services were suspended or extinguished thereby, and being about to be passed to undertakers, prays it may be passed to petitioner on such conditions as may be thought fit, in regard the seignory and services thereof were always due and payable to his ancestors, who have ever been most loyal and obedient subjects.
P. ½. Orig. Add. Endd. in Sir John Davys's handwriting: "Rich. Plunkett, of Rathmore, for the lands of the Cavan."
At foot is the following, all in Sir Arthur Chichester's handwriting:—
"The 23rd of June 1609. I pray you Mr. Attornie to consider of this petition, and thereon and therein to give me your advise and opinion, and I would have Mr. Plunkett to declare unto you when his auncestores did last receive the signorie, rents, and services of the sayd Brenie.—Arthure Chichester."
395. Sir Arthur Chichester to the Attorney-General. [June 24.] Carte Papers, vol. 61, p. 334.
Warrant for a fiant of a new charter to the corporation of Galway by the name of the mayor and sheriffs, and a county within themselves as Drogheda is, with the privileges granted to other corporations, and also according to the tenor of their old charter of 36 Hen. VIII. and 20 Elizabeth, that they be discharged of poundage and other customs in all the ports of Ireland except the cocket of hides.
And whereas the now limits of their town extends but two miles of all sides, in the new grant their town shall stretch three miles, excepting always the Abbey of St. Francis now within the liberties of the town, which is to be used for the sessions house of the county, and that all the lands and farms of the inhabitants be free of all country charges as any other lands in the country, paying however the composition rent.—Dublin Castle, 24 June 1609.
Pp. 2. Orig. Add. Endd. in Sir John Davys's hand: "Warrant for Galway. Past away frō mee, 14 Dec. 1610."
396. The King to Sir Arthur Chichester. [June 24.] Philad. P., vol. 1, p. 344.
Directs him to make a grant in fee farm to Sir Henry Wallop of all the rectories, chapels, tithes, and the hereditaments lately belonging to the dissolved abbey of Selskar, in the county of Wexford, which were now or of late were in the possession of Richard Sinnot, Esq., deceased, of the said Sir Henry Wallop or Sir Oliver St. John, to hold in free and common soccage of the King's Castle of Wexford at a rent of 76l. per annum, being the usual rent paid for forty years past.—Westminster, 24 June 1609.
Pp. 1½. Signed at head. Add. Enrol. Endd. by Sir Arthur Chichester: "Of the 24th of June 1609. From the Kinge's Matie to pass unto Sir Henry Wallop the fee farme of the impropriat parsonages of Selskarr, &c. Re. the 10th of March following."
397. Committee for Irish Causes to the Privy Council. [June 26.] S.P., Ireland, vol. 227, 88.
Request that the controversies between Sir Ralph Sydley and others may be referred to other parties.—26 June 1609.
Signed: Roger Wilbraham, Anth. Sentleger, Ja. Fullerton, James Ley.
P. 1. Endd.
398. Sir John Davys to Salisbury. [June 27.] S.P., Ireland, vol. 227, 89.
On Friday last, being Midsummer eve, Sir Neale Garve O'Donnell was put upon his trial in the King's Bench here for sundry treasons whereof he stands indicted.
The indictment consisted of two parts.
1. First, that he moved and incited O'Dogherty to enter into rebellion, and that he laid the plot of taking the fort of Kilmore and of sacking and burning of the Derry.
2. That, O'Dogherty being in actual rebellion, and Sir Neale Garve admitted to be one of the King's captains,—
1. He betrayed the counsels of the King's army to O'Dogherty;
2. Gave his counsel and advice how to decline and avoid the King's forces;
3. And gave him comfort and encouragement to persist in his rebellion.
The jurors by whom he was to be tried were all Irish of the county of Tyrconnell, where the matters in fact were committed; neither were they of the best quality or understanding, for that the English servitors planted there and the better sort of the Irish were of that grand jury which indicted him, and therefore were not to be empanelled upon his trial. To this jury Sir Neale himself took exception, as being too base and mean to be his triers, and desired a jury of English knights, and he (Davys) would gladly have yielded to that motion of his if it had stood with a legal course of proceeding in this kingdom, because he also thought the jury too weak to convict an Irish Lord, though the evidence were clear and full against him.
They gave no evidence to prove the first part of the indictment against him, namely, that he was the author of the sacking and burning of the Derry, though that point was as manifest and clear as the sun at mid-day or as the burning of the Derry itself. Himself did but faintly deny it, and desired the benefit of Mr. Marshal's protection given unto him after that fact committed. Therefore, because His Majesty's royal word was engaged in that protection, they altogether forbore to charge him with that pregnant and palpable treason, and began only with those treasons (which are laid in his indictment after the date of his protection, and after he was received and trusted in the army as a servitor), consisting in three points:—1, in betraying the counsels of the camp to O'Dogherty; 2, in giving advice and counsel to O'Dogherty how he might avoid the King's forces; 3, in giving him comfort and encouragement to oppose and resist the King's forces.
All which points Sir Neale Garve himself acknowledged to be high treason, if they might be proved against him.
The three points were proved against him by eight several witnesses, whereof four were produced vivâ voce; and of four others they had the voluntary confessions taken before the Lord Deputy and Council, all agreeing in substance, though examined at several times, discovering several messages delivered by several messengers, whereby he betrayed the purposes of the King's army and counselled and comforted the rebel at sundry times after his protection.
For, O'Dogherty being retired with all his adherents and herds of cattle into the fastness of Glanvagh, whereas Mr. Marshal and the rest of the King's captains, whereof Sir Neale was one, had, upon consultation had among themselves, resolved to give on upon him in three several places, being in a strait where he could not possibly escape;—having such an impediment as his creaghts or herds of cattle, which he knew his followers would follow rather than himself;—Sir Neale, being of the council of war, the night before this service should have been done, sent a messenger to O'Dogherty, by whom he advertised him of the Marshal's counsel and purpose, and advised him withal to disperse his creaghts and to fly out of the fastness, for otherwise they should be cut in pieces, every mother's son. The foster father of Sir Neale's eldest son, who was then in rebellion with O'Dogherty by Sir Neale's commandment, testified this vivâ voce, affirming that he brought the messenger to O'Dogherty, and so did three others who were present and heard the message delivered.
Phelim Reaugh and three others, whose testimonies were given in evidence, spake of this message expressly, and affirmed that Sir Neale sent sundry other messages of counsel and encouragement, sometimes advertising that the Marshal was but weak, and sometimes that himself would join with O'Dogherty as soon as he could [get] arms out of the King's store.
Besides these eight witnesses testifying directly the points of treason contained in the indictment, Mr. Marshal himself, Mr. Treasurer, and Sir Oliver Lambert declared upon their oaths divers particular actions and omissions of his, after his protection, whereby he showed himself disobedient and perfidious; so that he might have been condemned to death in a marshal's court, but that they thought it the more moderate course to put him under arrest and to leave him to his trial by the common law.
These things being thus proved and declared, and repeated again and again, both in English and Irish, after eight or nine hours spent in the delivery of the evidence, the jurors were put together on Friday night, and so continued till Monday morning, for Saturday (being Midsummer Day) and Sunday were no days in court. In the meantime they desired to deliver a private verdict; but the judges, understanding they would find him not guilty, refused to accept thereof. Notwithstanding they continued obstinate till Monday morning, having bound themselves, it was said, by a voluntary and mutual oath, never to find the Lord of their country guilty. Whereupon the judges, calling the King's learned counsel unto them, repaired to the Lord Deputy and Council, and acquainted them with the state of the business. Whereupon, though it were an ill precedent to dismiss this jury unpunished (for they could not punish them unless they received their verdict), yet, because it was more dangerous to suffer him to be acquit directly contrary to the evidence, it was concluded that he (the King's Attorney) should withdraw the indictment, and so discharge the jury before they gave their verdict. Which he accordingly did; pretending that he had more evidence to give for the King, but that he found the jury so weak with long fasting that they were not able to attend that service and deliberate thereupon so long time as was fit; and therefore, in commiseration of their faintings, and for reasons concerning His Majesty's service, he desired the jury might be dismissed.
Upon all this matter they that are of the long robe are of opinion, that, if Sir Neal Garve shall be tried by the course of common law, he must either be transmitted into England and tried by a jury of Middlesex, as O'Roork was, or else he must be kept in prison till the colonies of English and Scottish be planted in Tyrconnell; for by this his Lordship may perceive what need they have of honest men in those parts, for of the Irish many are so devoted to the gentlemen of the country that they will not convict them, and the most part dare not convict, and not without reason, for the priests on the one side, and the kindred of the party on the other side, will prosecute them with revenge to the death. The experience they have had of this northern jury has caused them to put off O'Chane's trial till direction come from England.
Prays pardon for this trifling narration, which proceeds from his duty.—Dublin, 27 June 1609.
Pp. 4. Signed.
399. Sir Thomas Ridgeway to Salisbury. [June 30.] S.P., Ireland, vol. 227, 90.
Promises to transmit his accounts half-yearly.—Rathfernam, 30 June 1609.
P. 1. Add. Endd. Encloses.
400. True state of the accounts of His Majesty's rents, revenues, casualties, and composition money, &c. during the space of 15 years, begun at Michaelmas 1592 and ended at Michaelmas 1607, and for a year after; and an estimate to the end of Michaelmas 1609. S.P., Ireland, vol. 227, 90 II.
1 sheet, parchment.
401. Certificate of concordatums granted for extraordinary services in three quarters of a year ending the last of June 1609, with some others to be granted for and until the last of September following, to some persons who continue in employment. [July 1.] S.P., Ireland, vol. 227, 90 II.
Concordatums for extraordinary service done to His Majesty, as within particularly appeareth, viz., to—
Besides the other extraordinaries for the quarter beginning 1 July 1609 and ending 30 September 1609 mentioned in an abstract sent herewithal.
Pp. 9. Endd. Th. Ridgeway.
402. A brief estimative account of the extraordinary charges expended and to be expended in Ireland for His Highness's service, in the space of one whole year, beginning the 1st October 1608 and to end the last of September 1609, as hereafter may appear; viz.:— S.P., Ireland, vol. 227, 90 III.
His Highness's charge. Three quarters, ended 30 June 1609.
"It is to be remembered that albeit I have set down that 4,000l. of the remain of this year's revenue will rest good on mine account towards the answering of the extraordinaries aforesaid, yet that the same will not come into the receipt till after the end of Hilary term next at the soonest, albeit the payments that are to be made with the same must of necessity be satisfied long before.
"Mem. I have already paid to the army the 2,900l. remaining of the quarter's allowance for the Establishment ended 30 December 1608, as also the pay of 600 footmen for two months ended 30 November 1608, both which are contained in my certificate dated 1 March 1608; and I have likewise paid divers sums of money, by the Lord Deputy's direction, towards the buildings mentioned in my said certificate; for all which, as the other extraordinaries before mentioned in this certificate, I humbly desire that treasure may be assigned."
P. 3. Endd.
403. Abstract of Estimate. S.P., Ireland, vol. 227, 91.
A summary of the foregoing brief estimate.
404. Lords of Council to Sir Arthur Chichester. [June 30.] Philad. P., vol. 3, p. 397.
Recommend Thomas Lloyd, who served the Lord President of Munster and the State there as chaplain for four years, and was by the President of Munster and the Council there granted by concordatum 40l. out of 140l. due to him for his service, but the remainder is unpaid, and he has been a suitor for it to the King in Council. They recommend him to his (Sir Arthur's) favour for the first vacant competent living.— Greenwich, 30 June 1609.
Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, T. Suffolke, E. Zouche, J. Herbert, Jul. Cæsar, Thos. Parry.
P. ½. Add. Endd. by Sir Arthur Chichester: "Of the 30th of June 1609. From the Lordes of the Councell in the behalfe of Mr. Lloyd, minister in Munster. Re. the 28th of October."
405. Lords of the Council to Sir Arthur Chichester. [June 30.] Philad. P., vol. 3, p. 399.
Although the King has already recommended this gentleman [Captain Steward] for a proportion of the escheated lands as a servitor, according to the ordinary course of plantation, yet they now request him (Sir Arthur Chichester) to favour him by alloting him his proportion with those of the best merit, and to give him dispatch with the first, and in a country that may be most commodious; His Majesty being pleased that he shall be placed in any county (allotted for servitors) which he shall make choice of, as he seems to have a good mind to put forward his plantation, and has already made preparation to bring over both labourers and provisions.
Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, H. Northampton, T. Suffolke, E. Worcester, E. Zouche, W. Knollys, J. Herbert.
P. ½. Signed. Add. Endd. by Sir Arthur Chichester: "Of the last of June 1609. From the Lordes of the Councell in the behalfe of Captain Stewarde for a portion of the escheated lands in anie countie, &c. Re. the 28th of July."
406. The King to Sir Arthur Chichester. [June 30.] Philad. P., vol. 1, p. 345.
Has intended nothing with greater earnestness than that the plantation of Ulster, now in hand, with civil men, and men well affected in religion should be accomplished; but, finding that this business which he had once intended should both have been begun and finished this summer, will require longer consideration, he intends for the present only those things which may make a due preparation for a solid plantation thereafter. His will and pleasure therefore is that, with the aid of so many of the Privy Council as can best give him assistance, he (Sir Arthur) shall have a commission prepared authorising them to inquire of all the lands that are or ought to be in the King's possession by forfeiture, escheat, or any other means within the counties of Ardmagh, Coleraine, Tyrone, Donegal, Fermanagh, and Cavan, and to survey the same, and to plot out and divide the lands into proportions according to the project, and to execute all the contents of the said project and of certain articles of instruction, both of which he shall receive herewith signed by His Majesty's hand, to hear and determine all questions of title to the said lands. Confides in his Lordship's integrity not to allow any private ends and any of the commissioners or others to prevail, so that the plantation should be hindered or perverted; and he is to send over transcripts of all their proceedings under the great seal to be considered of by the Privy Council in England.—Westminster, 30 June 1609.
Pp. 2. Signed at head. Add. Enrol. Endd. by Sir Arthur Chichester: "Of the last of June 1609. From the Kinges Matie concerninge the service to be done in Ulster this summer to prepare the plantation, &c. Re. by Reynolls, the commissary, the 26th of July."
407. The King to the Lord Deputy. (fn. 3) [June 30.] Carew MSS., vol. 630, p. 11.
Duplicate of No. 406.
Pp. 2. Copy.
408. Articles for Instructions to such as shall be appointed by His Majesty's Commissioners for the Plantation of Ulster, with the Commissioners' Answer. (fn. 4) [June 30.] Carew MSS., vol. 630, p. 7a.
The instructions refer to the time of beginning their journey into that province; the omissions and defects in former survey of the escheated lands; the marking out by the known meares and names; a new mode of distributing the proportions by lot; reserving to the King's use and that of the undertakers such great woods as the commissioners shall make choice of; determining what proportions by name are fittest to be allotted to the Britons, what to the servitors, and what to the natives; wherein this respect is to be had, that the Britons should be put in places of best safety, the natives dispersed, and the servitors planted in those which are of greatest importance to secure thereof; assigning glebes after the rate of 60 acres for every 1,000 acres within the parishes; allotting certain proportions for towns in places mentioned in the project; determining the parcels of land which shall be allotted to the College in Dublin and the free schools in the several counties; reserving 12,000 acres for the endowment of an hospital for maimed and diseased soldiers; hearing and determining all titles and controversies concerning lands and possessions (the church lands only excepted); enforcing recovery of the sites of some cathedral churches, residences of bishops, deans, chapters, dignitaries, and prebends in Ulster, which have been passed away in fee farm to divers, by letters patent, under pretence of monastery lands; causing the judges and learned counsel to set down the King's titles to the several lands lately escheated in Ulster, and to see the records perfected, and safely preserved and kept secret; recording all acts, orders, and decrees in two books, the one to remain there in some court of record, and the other to be transmitted to our council here; determining what portions are fit to be allotted to the mother of the late Earl of Tyrconnell, the mother of M'Gwire, Catherine Butler, the late widow of Mulmury O'Reyly, and such others as claim jointures; allotting the river fishings in loughs and rivers to the proportions next adjoining to the loughs and rivers wherein the said fishings are; and finally, making a return of their proceedings and doings by virtue of this commission and instructions before Hallowmas next.
Pp. 7. Copy.
409. Advice for removing of the Natives who are Swordmen. (fn. 5) [June.] Carew MSS., vol. 630, p. 12.
The Lord Deputy is to use all persuasion to induce them to remove; to assign settlements for them under those Lords who have large quantities of waste land on their estates; to confine within certain limits in the escheated districts those who decline to remove; and finally to facilitate their enlistment in foreign service, supplying at the King's charge or that of those by whom they are engaged, the necessary expenses.
Pp. 2. Copy.