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James I: December 1609

Pages 326-346

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

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James I: December 1609

535. Sir Arthur Chichester to Salisbury. [Dec. 1.] S.P., Ireland, vol. 227, 168.

The letter of the 8th of April last signified that Captain John Vaughan should be continued in the possession of the fort of Dunalonge; and that he should be allotted two ballibetaghes of land, with conditions. In confidence whereof he has since made provision of all materials necessary for building or repairing of the place. Now the Londoners are without doubt to plant a colony at the Derry; he is doubtful lest they should affect to have that from him, as they do other things on the opposite side in the county of Dunagall, and has besought his (Chichester's) interference. It is a place of no importance to their public designment, and since it shall behove them very much to have neighbours of his quality, experience, and ability to undertake for so much; adding also thereunto that he is a freeman of their corporation at Derry, and that he hopes hereafter to be allowed of and continued amongst them; he (Chichester) makes no doubt but he will be held capable of their honour and benefits in the plantation. —Dublin Castle, 1 December 1609.

P. 1. Signed. Add. Endd.

536. Order in the Cause of the Countess of Kildare and Sir Robert Digby. [Dec. 2.] S.P., Ireland, vol. 227, 169.

Order by the Lord Deputy and Council between the Countess Dowager of Kildare, and Sir Robert Digbie and the tenants of Woodstock and Athy.

P. 1.

537. Lord Deputy and Council to the Privy Council. [Dec. 3.] S.P., Ireland, vol. 227, 170.

Although it may seem impertinent that when dispatches concerning the public are daily expected from them they should be the reporters of the death of a private gentleman lately slain here; yet they hope to be excused, as the person principally concerned is the Lord of Howth, a nobleman well known to their Lordships, and the object is to prevent such misreports as may be lavishly spread by his Lordship or his friends, whom (since his last coming out of England) they have found exceeding apt to make a hard construction of anything concerning himself that they say or do.

[Reports the affray between Lord Howth and Sir Roger Jones, referred to in several former letters, adding some details of the actual conflict.]

Having that morning (in all likelihood) gotten notice that Sir Roger was in the tennis court, as he was accustomed often to be, Lord Howth attended only with one servant, and knowing that place being private, and time fit for such a purpose, most men being either at church or about their business in the courts of justice, thither his Lordship went with 10 or 12 followers, exceeding his usual number of attendants; where he entered with a cudgel in his hand, as it should seem, to have stricken Sir Roger therewith, for divers affirm that he had one, and himself denies it not, only says that he brought it not with him but found it there, which purpose of his was prevented thus. Sir Roger Jones, having newly left off play and making himself ready to depart, had more leisure to look about him than otherwise being at play he could have had, who seeing his Lordship and his followers thus enter, and being formerly made acquainted with his threats, betook him very quickly to his sword, which he earnestly called for, and which was given him by his man; besides a gentleman there at play caught the Lord of Howith in his arms, and held him at the entrance into the court so that his followers could not easily come in that way, but they supplied that want so readily by leaping over the rail thereof that one of them lighted a blow upon Sir Roger's sword, before it was fully out of the scabbard, and others plied him until it brake and divers blows after. The rest, as they got over the rail, pressed upon him so fast, that he was driven to fall off to the other end of the court, ever as he went breaking their thrusts with the broken part of his sword till he was gotten beyond Simon Barnwell, before named, who endeavoured all he could to put them by, till in the end they came so thick that Barnwell himself was thrust through the body, whereof he soon died, and Sir Roger, through his clothes in three or four places, who, finding himself in that desperate estate, his sword broken, and Barnwell dead at his feet, said aloud, "Fie, my Lord ! will you suffer me to be murdered?" The Lord of Howth then coming near him, willed them not to kill him, and thereupon two of them got within him (sic), and held him until his Lordship came and took him by the bosom, asking if he would now say that he was a coward; Sir Roger answered, he neither would, nor ever did; what he had said he would not deny, "That he was a valiant man among cowards." The Lord of Howth said, that was all one, and therefore, with threats, willed him to kneel down, and ask him forgiveness, which he refusing, was last of all pressed to acknowledge his life to be in his hands, which Sir Roger said he could not deny. "Then go thy ways," said the Lord of Howth, striking him over the side of the face with the hilt of his rapier, "like a boy as thou art." And so they parted. Thus much they have gathered, as well by the depositions of such as were eye-witnesses, as by a kind of consent of the parties' own speeches, which apparently shows what was intended from the beginning; which being in itself so foul, and besides so offensive to many gentlemen then in this city, that were like enough to draw the same to further broils, they thought it the safest and fittest course to commit the Lord of Howth to the Castle. Enlarged him again upon bands, when they saw that things were somewhat settled, and that the coroner's inquest had found it but manslaughter.—Dublin Castle, 3 December 1609.

Signed: Arthur Chichester, Thomond, Geor. Derrie, &c., Th. Ridgeway, R. Wingfelde, Ol. Lambert, J. Kinge, Fra. Annsley, Jo. Denham, Ol. St. John, Ry. Cooke.

Pp. 2½. Add. Endd.

538. Sir Arthur Chichester to Sir John Davys, Attorney General. [Dec. 6.] Carte Papers, vol. 62, p. 70.

Reciting His Majesty's letter, dated at Westminster, the 8th of April 1609, that upon the Earl of Clanrickard's surrendering his estate of inheritance in an annuity of 40l. Irish, payable out of the Exchequer of Ireland, the King should grant to him and his heirs a freedom from composition due for so many quarters of land as should countervail the said annuity, the Deputy gives warrant for a fiant of the Earl's surrender of said annuity of 40l. Irish, and also for a grant to the Earl, his heirs and assigns, of four score and ten quarters of the lands of the said Earl in Connaught, free and dis charged of the composition for the same.—Dublin, 6 December 1609.

P. 1. Orig. Add. Endd. (in Sir John Davys's hand): "1608, for my Lo. of Clanrickard's freedom of iiijxx and x. quarters of land." With this addition in his clerk's hand, "but not passed till a yeare after, in 1611."

539. Lords of the Council to Sir Arthur Chichester. [Dec. 12.] Philad. P., vol. 3, p. 430.

They urge him to extraordinary exertions to effect the arrest of certain pirates named in a list enclosed in the letter, on account of the high sense the King has of the offence these men have committed.

Signed: T. Ellesmere, Canc., R. Salisbury, H. Northampton, Notingham, T. Suffolke, E. Worcester.

Pp. 1½. Add. Endd. by Sir Arthur Chichester: "Of the 12th of December 1609. From the Lordes of the Councell, requiringe me to apprehend certayne persons accused with piracie, &c. Re. the 20th of Januarie in the forenoone."

540. The King to the Lord Treasurer. [Dec. 13.] Docquet Book, Dec. 13.

Order for license to Nicholas Wise to transport 900 oz. of wrought plate into Ireland.

541. Lords of the Council to Sir Arthur Chichester. [Dec. 18.] Philad. P., vol. 3, p. 432.

On the allegation of Edmund Fitzgerald, Knight of the Valley, that Patrick Crosby had obtained the King's letter, 24th of July last, for the passing of the castle of Glyn in the county of Limerick to the said Crosby and his heirs in fee simple, on the suggestion that the castle was retained from him (the Knight of the Valley) as a tie to keep him from revolt, and that it should be repaired, fortified, and kept by the said Crosby at his own charge; whereas the knight alleges that though he revolted in the late rebellion, he was received to mercy by the Lord Mountjoy, and all his lands and goods restored to him except this castle, which was kept from him for a short time, but was soon restored to him, and has been enjoyed by him for the space of these six years past, and so he holds it still. It appears by the certificate of Sir Charles Wilmot, Vice-President of Munster, that, upon the granting the knight's pardon, he was not attainted, and that after a short detention of this castle it was restored to the knight by the order of Lord Mountjoy, then Lieutenant, and Lord Carew, President of Munster. They therefore require him (Chichester) to investigate the state of the case, and if the knight's allegations be true, to restore the castle to him; if not, to proceed with the grant directed to be made of it to Patrick Crosby.—Whitehall, 18 December 1609.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, H. Northampton, Lenox, Notingham, T. Suffolke, E. Worcester, Exeter, E. Zouche, W. Knollys, E. Wotton, L. Stanhope, J. Herbert, Jul. Cæsar, Thos. Parry.

Pp. 1¼. Add. Endd.: "Of the 18th of December 1609. From the Lls. of His Matie's most honourable Privy Councell, in the behalfe of Edmund Fitzgerald, Knight, touchinge stay to be made of passinge the castle of Glynn to Patrick Crosbie. Received the 21th of Januarie in the yeare abovesaid."

542. Sir Arthur Chichester to Salisbury. [Dec. 15.] S.P., Ireland, vol. 227, 171.

Recommends the bearer, Captain Hart, who was constable of Culmore when it was surprised by O'Dogherty.—Dublin Castle, 15 December 1609.

Pp. 2. Signed. Add. Endd.

543. Earl of Kildare to Salisbury. [Dec. 23.] S.P., Ireland, vol. 227, 172.

Urges on his Lordship's consideration the inconvenience to himself of repairing to England for the causes depending betwixt Sir R. Digby and himself. Promises to appear personally as soon as he can get money.—Dublin, 23 December 1609.

P. 1. Signed. Add. Endd.

544. Earl of Kildare to the King. [Dec. 24.] S.P., Ireland, vol. 227, 173.

Submits for His Majesty's consideration various representations respecting the suits between himself and Sir R. Digby. —Dublin, 24 December 1609.

Pp. 2. Signed. Add. Endd.

545. Lords of the Council to Sir Arthur Chichester. [Dec. 25.] Philad. P., vol. 3, p. 434.

Enclosing him a letter to be delivered, as he best and soonest may, to Sir William St. John, having charge of one of His Majesty's ships employed against pirates frequenting the Irish seas.—Whitehall, 25 December 1609.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, H. Northampton, Notingham, E. Worcester, Exeter, W. Knollys, L. Stanhope, E. Zouche.

P. ¼. Add. Endd. by Sir Arthur Chichester: "Of the 25th of December 1609. From the Lods. of the Councell, to convaye a letter of their Lops. to Sr William St. John. "Re. the 20th of Januarie 1609."

546. Lord Chancellor to the King. [Dec. 28.] S.P., Ireland, vol. 227, 174.

Apologizes for his boldness in having recourse to His Majesty, and requests indulgence as to his style of [Latin] composition, which he has disused for a space of nearly forty years. Pleads the necessity of the case as his justification, being driven to vindicate himself against the attacks of the Lord of Howth, who, although of noble birth, is of a most violent and seditious disposition, and who has never ceased since his appearance before the Council in England, to insult and calumniate him. Passes over minor grounds of complaint on his own part, and the murderous attack made by Howth and his cut-throat (sicariorum) retainers upon his son, and confines himself to two injuries, the first affecting the dignity of his office and authority, the second impeaching his personal character and reputation.

A tenant of Sir Robert Digby, of the manor of Woodstock, having presented a petition complaining of violence done to him by the retainers of the Earl of Kildare, he (the Chancellor) addressed to the Earl at his manor of Kilkay, by a messenger of sufficiently honourable condition, a letter requiring him to restrain and correct his servants. When the messenger presented himself at Kilkay, where the Lord of Howth was at the time, access was denied to him; and when he, having intimation of the Earl's coming forth, awaited him upon the way and respectfully tendered the letter, Lord Howth rode violently up, seized and made away with the letter written in the King's name, the messenger being warned by the leader of the Baron's men to take himself away, lest worse should befall him.

The second complaint which he has to make regards a case between two gentlemen of the county of Meath, which was pending before him in His Majesty's Court of Chancery. The Lord of Howth, while the cause was pending, went to the house of the defendant, and publicly in the presence of several persons, stated that his (the Chancellor's) son had received 50l. from the plaintiff to secure his (the son's) influence in his favour with the Chancellor, and advised the defendant to lose no time in paying him 100l. in order to turn the scale in his own favour. Assures His Majesty of the truth of these statements, repudiating most solemnly the imputation against his integrity, appealing to his whole past career, since in the year 1554 he was raised to the episcopal dignity and in the same year to the Privy Council, as evidence of his integrity and his devotion to the service of the State and the interests of religion; and concludes by praying that, when his plaint against the Lord of Howth shall be heard in the Castle Chamber, His Majesty will give order to the Lord Deputy and the Judges that strict justice shall be done according to the ancient law of the realm, without respect of persons.— Dublin, 28 December 1609.

Pp. 4. Latin. Signed. Add. Endd.

547. The Lord Chancellor to Salisbury. [Dec. 28.] S.P., Ireland, vol. 227, 175.

The injuries which the Lord of Howth has heaped upon him since his last return out of England have forced him to complain to His Highness against him. Beseeches his Lordship to peruse the statement, and to deliver it into His Highness's hands. Apologizes for troubling His Majesty with these painful disclosures regarding this disordered Lord; but thinks his humble suit is very reasonable, meet for him to seek at His Majesty's hands, and well agreeing with his princely justice to grant unto his true and faithful servant. Therefore beseeches his Lordship's wonted furtherance.— Dublin, 28 December 1609.

Sends a copy of his letter to the Earl of Kildare in September last, which could not get access to the Earl's presence, and which, as it was ready to be presented unto him, was forcibly in a kind of contempt, or rather despite, taken away and suppressed by the Lord of Howth.

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

548. The Lord Chancellor to the Earl of Kildare. [Sept. 20.] S.P., Ireland, vol. 227, 175.

Informs him that Walter Weldon is come hither unto him with a pitiful complaint, if it be true, that Woogan Caddell and one Farriall [Farrell], his Lordship's servants, have in forcible manner taken away some part of his corn of Woodstock, and that Caddell in a violent manner struck his wife as she was helping her husband to rescue his corn. In like manner that his Lordship himself, with a troop of horse, lately came to the land of Woodstock to give countenance to the violence offered by his servants. In this case and upon a complaint of this nature, his Lordship must allow him to interpose the authority of his office, which he holds under His Majesty, for the relief of poor and weak subjects against the mighty, that they be not oppressed by them. By virtue whereof he must both signify it unto him, that the course observed by him and his servants, if the information be true, is neither honourable nor just, much less is it agreeable with equity, that a man having sowed his corn should be debarred from the possession thereof, or that any such violence should be offered as is alleged.— Tallagh, 20 September 1609. Copia vera.

"This is a true copy of my letter sent to the Earl of Kildare in September last past which was written in His Majesty's name, but could not get access to the Earl's presence, but was forcibly and in a kind of contempt, or rather despite, taken away by the Lord of Howth and suppressed."

The last paragraph in hand of the Chancellor, and signed by him.

Pp. 2. Endd.

549. Sir Arthur Chichester to the Privy Council. [Dec. 29.] S.P., Ireland, vol. 227, 176.

Had already reported that the King's house of Kilmaynham, near this city, was much decayed, and had sued for money to repair it in time, in regard it is His Majesty's chief and most convenient house in this kingdom, and in his opinion necessary to be maintained. Had no answer till now of late he has received the King's letter to pass away that remnant of land which is yet left unto it in demesne, on the north side of the river of Liffey and bridge of Kilmaynham, to Auditor Sutton and his heirs for ever in fee-farm, with a reservation of 20l. a year;—an encounter far differing from his purpose and from the intention he had to be a good steward for His Majesty and those that should come after him into this place. But although the profit thereof to the Deputies here be very little, and his own interest therein much less, yet he has presumed once more to stay the grant until their Lordships shall have considered his objections. First, the house may be thought worth the keeping up for the Deputies to lie in, as there is good cause, in regard of the great inconvenience of resort and noisomeness of continual abiding in this castle, which his successors will assuredly find to be much greater than he does; —albeit he might justly complain of it, though his long breeding in this country has made him sufficiently incurious in many things of substance and form when they do not otherwise concern the public and the honour of this State. Now the house will assuredly go to ruin, and the Deputies will be straitened up, when these lands adjoining shall be aliened away, without any place, either of pleasure or help towards housekeeping, excepting one meadow with a small piece of ground. This parcel of the demesne thereof is but one small mile distant from this castle, which may infer it to be a thing not to be contemned by the Deputies, where they must have no scope of ground besides. The State has already sustained an irreparable loss of between 1,500 and 2,000 barrels of tithe corn yearly, which hitherto belonged to the Deputy's house, until this last Michaelmas. And now if this little commodity shall be transferred away too from a public use, or that which is not much disjoined from the public, he fears that His Majesty will be effectually moved either to acquire these things back again, or to make a larger allowance to the Deputies towards their housekeeping, which is thus greatly impaired. Has himself incurred the displeasure of many, and some of them his good friends, for not suffering to pass, upon books of fee-farm, some things which are yet in leases for many years to come. This is the second time that he has thought it his duty to stay this other part of the demesnes from passing without some further consideration. Has heard so well of Mr. Auditor Sutton that he wishes him a better thing, and will be very ready to expedite him, even in this particular, if they signify His Majesty's express will to him once more in that behalf.—Dublin Castle, 29 December 1609.

Pp. 2. Signed. Add. Endd.

550. The King to Sir Arthur Chichester. [Dec. 30.] Philad. P., vol. 1, p. 373.

Warrant to grant a pension of 1s. a day each, Irish, equal to 9d. English, to Edmund Morris and James Ley, in regard of their service done in Ireland and the hurts and maims by them sustained.—Westminster. 30 December 1609.

P. 1. Signed at head. Add. Enrol. Endd.: "Of the 30 of December 1609. From the Kinge's Matie, in the behalf of Edmund Morris and James Ley, for a pension of ix. pence a day each. Recd the 11th of Februarie following."

551. Sir Arthur Chichester to the Privy Council. [Dec. 31.] S.P., Ireland, vol. 227, 177.

Advises them to accept of Sir James Fullerton's offer for parting with the lands appertaining to the fort of Maryborough. Recommends a favourable consideration of Sir Henry Power, governor of that fort.—Dublin Castle, 31 December 1609.

Pp. 2. Signed. Add. Endd.

552. Captain Lichfield to Salisbury. [Dec. 31.] S.P., Ireland, vol. 227, 177 a.

Having been employed by the Lord Deputy in the service for Sweden, and, contrary to expectation, having been driven into the northern parts, holds it his duty to make known a chief cause of their misfortunes. These most wicked and ungodly creatures who are the occasion of their now troubling him are those who in Carlingford surprised himself on shipboard, being their commander, with a resolution to put him and those few English sailors that were with him to the sword, and to make booty of the goods in the ship, which in some sort they did. But it pleased God, contrary to their determinations, otherwise to determine, in which business he could at large relate all accidents; but as he thinks Sir Thomas Phillipps, who was at the same time present in Carlingford, has made them known, he will for this time only touch the carriage in this business of one Hugh Boy O'Neale, a branch of an ill tree, and son to Sir Turlogh M'Henry, Knight, for some occasion at this time joined with Captain Mastersonne and himself (Lichfield);—who most unhonestly has had a hand from the first to the last in all their villianies, and has been a chief means of the running away of those that are gone, who for the most part are such as have been fostered and brought up in rebellion from their infancy, and who, in his opinion, if they live never so long, will be no other than rebels, which they have not stuck publicly to manifest oftentimes at sea.—Newcastle, last of December 1609.

The same Hugh Boy is now himself run from them, for whither he is gone or about what business they know not.

Pp. 2. Signed. Add. Endd.

553. Extraordinary Charges. [Dec.] S.P., Ireland, vol. 227, 178.

Extraordinary charges not contained in the Establishment are either,—

For services done and past; judges' robes for their circuits; judges and other councillors at their first coming, for travelling and transportation charges; augmentation of fees to judges; officers in the field with the Lord Deputy, not contained in the Establishment; physicians' fee payable to the college; harbinger, commissaries of victuals, paymasters, serjeants-at-arms; the Lords Presidents, for utensils; impost warrants; carriage master; plantation charges, jurors, plotters, mappers; reparation of boats; diet and charges of prisoners in the Castle, conduction of prisoners into England, head money, commissioners of accounts, king-at-arms, hire of storehouses, necessary emptions for the council chamber, &c. All these are by His Majesty's direction or by long continuance, and are rather in the nature of a fee than a gratuity (though they bear that name in the concordatums by which they are paid), and are paid as ordinary payments or fees are. In which nature also are all concordatums and warrants dormant. Pursuivants, gifts, and rewards, riding and travelling charges to the Lord Deputy, and to Councillors of State and Commissioners attending him in journeys, for services done, losses sustained, by sea, by land; these neither can nor will endure patience for that which is given them by concordatum.

For services to be done and performed:—warrants of imprest; to the master of the ordnance, to the victualler, to the clerk of the works, to the overseer of fortifications in Munster, to captains of forts for building and repairing the forts, for the better securing of them, for levying men upon revolts. All these, if they be not presently satisfied and furnished with money, the services for which they are intended must and will be at a stand, to the great prejudice and farther charge to His Majesty. And the same officers do also pass a particular account for the sums received on such warrants. Carriage of letters, messengers, espials, King's ship and galley for the time, unlooked for occasions, as this of late of sending forces into Sweatland [Sweden], &c. Mem. That of all these heads or branches of extraordinaries by concordatum, that which is disbursed merely for reward and out of bounty is far the least (as appears in the last ledger book). The whole time in the last two years, under the title of gifts and rewards, amounting but to 4,764l. 5s. 8d. sterling harps, and that also most commonly to save a greater charge duly demanded by them from His Majesty, with incessant importunity and great appearance of poverty.

Of these general heads and different natures of extraordinaries, those for gifts and rewards (though they be for the support and encouragement of a whole kingdom) are not the tenth part. And yet both they in particular, as also in general all the other, have these last two years necessarily been increased, partly by the flight of the fugitive earls with their followers, partly by the revolt and escape of the Lord of Delvin; but more especially by the rebellion of O'Dogherty and his prosecution; and by that and the former occasions, the two last summers' surveying journeys.

In the payment of all which extraordinaries the Treasurer is merely passive, only giving satisfaction of them by direction and no agent. Howsoever, he is not ignorant of, or absent at, the granting of most of them; and therefore observes them to be done upon good consideration, and with great deliberation.

His Lordship prays that the allowance of 1,000l. English a quarter, besides the remain of the revenue, may be continued, which is also the desire of the Lord Deputy. Will not exceed it without bleeding occasion, nor without notice thereof given to his Lordship.

For further tie thereunto, humbly desires his Lordship's peremptory restraint from borrowing of money there to be repaid here (except 1,000l. or 2,000l. sterling at most for the Lord Deputy's and others necessary provisions), that both himself and his agents may be free from suspicion.

Pp. 2. Endd.: "The heads of concordatums."

554. Mr. Andrew's Case. [1609.] S.P., Ireland, vol. 227, 180, 181.

Statement of Mr. Andrew's case relative to the rights and privileges of his office of clerk of the Crown.

P. 1. Endd. Not dated, but probably in 1609.

555. Restraint of Sale of Wine and Usquebagh. [ 1609?] S.P., Ireland, vol. 227, 182.

Memorial of the causes and reasons that may move His Majesty to restrain the common selling of wines and usquebagh; stating the abuses arising from their unlimited sale, and soliciting a grant for 31 years of the sole privilege of selling wines and usquebagh, at an annual rent.

Pp. 3.

556. Pensions. [ 1609?]

Memorandum of divers persons holding pensions, with notes of their nature, and of the authority by which granted.

James Carroll, deputy clerk of the check, allowed by the last establishment, strengthened by Mr. Fullerton's patent, and warranted by his Lordship.

Walter Newton, to continue during pleasure.

Gerrott Birne. Find that the Lord Deputy's warrant makes mention of the Queen's letter to grant him 2s. per diem during his life (the copy of which letters so testified under Mr. Winibank's hand, the clerk of the signet, some of them have seen), but the warrant bears no such thing.

Dermott M'Morrice. This pension was granted by direction out of England, so long as he and his country should continue loyal.

Richard Langford. This pension was granted to Henry Roberts by direction out of England, and resigned to Langford, which he holdeth during pleasure.

Owen ap Hugh—. Sir George Greame, he holdeth this pension during pleasure.

Christopher Wackley, during pleasure, in consideration of loss of both eyes in service.

Murche [Morogh] M'Teige Oge, granted by the Lord Deputy for a special good service in discovering and apprehending the traitor Walter Reawgh.

Captain Kelly, during pleasure.

Martin Lisley, during pleasure, being an old maimed soldier and a good servitor.

Henry Borrowes, during pleasure, having lost his arm in service.

James Nott, during pleasure, being the Earl of Tyrone's secretary, and came from him bringing with him letters of importance which he discovered to the State.

James Delahide, during pleasure, and granted in respect of his maim in one of his legs in service.

John Verdon, during pleasure, and a very old man.

John Lenna, during pleasure, and granted for discovering Lapler's treasure (sic) [treason?], for surprising the Castle of Dublin.

Nicholas Crehall, during pleasure, granted in recompense of his maim in service.

Quintin Routledge, during pleasure, an old servitor and a horseman.

William Hethrington, during pleasure, and granted in recompense, in respect of divers hurts and maims in service.

Richard Mapowther, during pleasure.

Thomas Parrott, during pleasure, upon resignment of Sir Henry Warren, upon consideration, the said Parrott being also a servitor.

Nicholas Pine, a poor man, during pleasure.

John M'Shery, a poor lame man, during pleasure.

Francis Gode, during pleasure, in respect of his long and dutiful service.

John Gillett, during pleasure, in respect of service.

Walter Bradie, during pleasure, by direction out of England.

Garrott M'Murtaugh Cavanagh, during pleasure.

Richard Hudbanke, during pleasure, resigned by Patrick Downey for consideration.

John Lye, during pleasure, by direction out of England.

Captain Francis Gameforth, during pleasure, and granted in respect of his maim in service, being one of the corporals of the field.

Rowland Savage, during pleasure.

Fargus Greame, during pleasure, a servitor.

Marcus le Strange, during pleasure, by direction out of England.

Walter White, during pleasure, upon resignation of Owen M'Mahon, for consideration.

John Cole, during pleasure, and granted as well in respect of his former service as for saving the prisoners from making escape out of the Castle of Dublin, having broken prison, wherein he was sore hurt.

William Castie, during pleasure, upon resignation of Teige ne Carricke, for consideration.

Robert Whiteheade, allowed by patent as porter of the storehouse of victuals at Dublin.

Simon Feilde, during pleasure.

Hubert Fox, by patent during life, by direction out of England.

William Bicknell, supposed to be dead, during pleasure, upon surrender of Thomas Osborne, upon consideration.

Anthony Huggins, by patent, upon direction out of England.

William Rowles, by patent, as is said.

William Brerton, by patent, during good behaviour.

Rory M'Manus, during pleasure.

Arthur Brerton, during pleasure, in respect of service, upon resignation of Robert Bell, for consideration.

Edmond Birne, during pleasure, by direction out of England, being an ancient servitor, and a very old man.

The Captain of the King's ship—, —, Patrick Hanlon, by patent, during life, by direction out of England.

Thomas Marshall, during pleasure.

Christopher Carless, during pleasure.

Pensioners by letters patent.

Donaugh Earl of Thomond, by patent, during life.

Lord Bourke, by patent for life, with proviso to be recalled either by the King or six of the Privy Council, whereof the Lord Treasurer, our principal secretary, to be one.

Sir Francis Stafford,—.

Sir William Clarke,—.

Pp. 6.

557. Judges and Law Officers, with their Fees. S.P., Ireland, vol. 227, 184.

The names of the Judges and others of the Long Robe that serve His Majesty in Ireland, with their yearly fees and other allowances.

Lord Chancellor, his fee, 200l.; an allowance of 7s. 6d. per diem, 136l. 17s. 6d.; allowance for impost of wines, 17l.

Master of the Rolls, his fee, 37l. 10s.; an increase, 66l. 13s. 4d.; an allowance of 5s. per diem, 91l. 5s.; for house rent, 20l.; for beeves, 20l.; for his robes, 13l. 6s. 8d.; for impost, 8l. 10s.

Sir Adam Loftus, Master of the Chancery, his fee, 20l.

Sir Ambrose Foorth, one other of the Masters, his fee, 20l.

Doctor Dun, one of the Masters, his fee, 20l.

Lord Chief Justice of the Bench, his fee, 300l.; his house rent, 20l.; beeves, 20l.; robes, 13l. 6s. 8d.; impost of wines, 8l. 10s.

Sir Dominick Sarsfield, second Justice of the Bench, his fee, 100l.; his robes, 13l. 6s. 8d.

John Sibthorpe, another Justice there, ditto.

Sir Nich. Welsh, Chief Justice of the Common Pleas, his fee, 52l. 10s.; an increase, 66l. 13s. 4d.; an allowance of 5s. per diem, 91l. 5s.; his robes, 13l. 6s. 8d.; his impost, 8l. 10s.

Sir Charles Calthrop, Justice in the Common Pleas, his fee, 200l.; his robes, 13l. 6s. 8d.

Peter Palmer, another Justice there, his fee, 100l.; his robes, 13l. 6s. 8d.

Lord Chief Baron of the Exchequer, his fee, 52l. 10s.; increase, 66l. 13s. 4d.; 5s. per diem, 91l. 5s.; house rent, 20l.; beeves, 20l.; robes, 13l. 6s. 8d.; impost, 8l. 10s.

The Chancellor there, his fee, 10l. 10s.; for his sealing days, 13l. 6s. 8d.

Sir Robert Oglesthorpe, one of the Barons, his fee, 100l.; his robes, 13l. 6s. 8d.

John Eliott, one of the Barons, his fee, 66l. 13s. 4d.; his robes, 13l. 6s. 8d.

Jeffray Osbaldston, Justice in Connaught, his fee, 100l.

Sir Dominick Sarsfield, Chief Justice in Munster, his fee, 100l.

Henry Gosnoll, second Justice of Munster, his fee, 66l. 13s. 4d.

The Attorney of Munster, his fee, 13l. 6s. 8d.

Attorney of Connaught, his fee, 20l.

Attorney of Ulster, his fee, 20l.

Pp. 4. Endd.: "The names of the Judges in Ireland and the entertainments they have."

558. Distributions of Undertakeable Lands. S.P., Ireland, vol. 227, 185.

A note of the several proportions of the undertakeable land besides the Londoners, &c.

Great. Middle. Small. Acres.
Ardmagh, Britons 3 4 12 24,000
" Servitors 1 3 2
" Natives 0 2 5
Tyrone, Britons 6 10 23 50,000
" Servitors 1 2 7
" Natives 1 2 7
Donegall, Britons 6 9 17 38,500
" Servitors 3 0 6
" Natives 0 0 12
Fermanagh, Britons 3 2 6 21,000
" Servitors 1 1 4
" Natives 2 1 4
Cavan, Britons 4 6 12 29,000
" Servitors 1 3 5
" Natives 2 3 10
Sum of acres for Britons 162,500.

Proportions for Britons, great 22, middle 31, small 70; 123, besides Londoners, &c.

Sum total of proportions, great 34, middle 48, small 132, = 214.

So will remain for servitors and natives proportions 91, making acres 113,500.

The total of all, 276,000 acres.

P. 1. Endd. "Proportions."

559. Commodities vendible at Derry. S.P., Ireland, vol. 227, 185 a.

Statement of commodities most vendible at the Derry, and of the productions of the country in return.

The most vendible commodities at the Derry and north parts of Ireland are all manner of wines, aqua vitæ, strong waters, salt, kersies, broadcloth, starch, grocery, tobacco, gunpowder, hops, fowling pieces, paper, knives, gloves, needles, tape, hard and soft wax, all manner of felts for men and children, glasses, earthenware, all manner of pewter, pins, points, laces, ribbons, combs, stuffs, nails of all sorts, drugs, holland, cambric, lawn, lace, thread, madder, indigo, brass and iron pots, brewing vessels, kettles, playing and working cards.

The commodities of the country; live cattle, beeves, hides, and tallow, between Michaelmas and Christmas, salmon and herrings between Midsummer and Michaelmas. These the merchants of Ireland do most commonly give in truck, for there are little monies stirring.

Pp. 1.

560. Lord Roche and Fermoy's Petition. S.P., Ireland, vol. 227, 186.

Petition of Lord Roche and Fermoy to the Privy Council, praying for a grant of the reversion of the lease of Ballindrett alias Bridgetown, in fee farm, and that he might make surrender of all his lands, to be re-granted by letters patent from the King.

Pp. 1.

561. David Lord Roche and Fermoy to Salisbury. S.P., Ireland, vol. 227, 187.

Humbly craves redress of the great wrong which was lately done him by Sir Dominick Sarsfield, Chief Justice of this province, and second Justice of the King's Bench in this realm, in crossing and preventing him of the purchase of Carrigleamleary, being of his proper inheritance and within his barony. Intended to purchase the same to win his ease and keep him from being troublesome to his gracious sovereign (as he has been for fifteen months) concerning the said lands and other parcels, whereof his father (as he takes it) was unjustly dispossessed; and though he reposed special trust in the said Sir Dominick touching the said lands, little suspecting of his said dealing, yet he, contrary to his (Lord Roche's) expectation, by giving of fifty pounds more than he (Lord Roche) was to give, purchased the same for himself; which is a thing that the Lord President, Sir Thomas Norreys, for whom that place lay most convenient next himself, and the late Lord President, refused to deal with, they being profferred thereof at a far easier rate than now it was sold for, regarding his (Lord Roche's) right and interest therein. And now this new purchaser (as he is informed), in order to strengthen his title, goes about to procure His Majesty's letters hither, to accept the surrender of the old letters patent thereof, and to take the same from His Highness, with an abatement of part of the rent thereof. Purposes to send his Lordship a brief by his son, whom he means to send to Oxenford the next summer. Beseeches him not to give way to any letter against him from thence till then.

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

562. Case as to Lord Roche's Title to Carrigleamleary. S.P., Ireland, vol. 227, 188.

The state of the title of Carrigleamleary, His Majesty's right thereunto, and the Lord Roche's claim.

Represents, in the interest of Sir Dominick Sarsfield, that Lord Roche's claim has no legal foundation; that Sir Dominick Sarsfield's title to the lands is by Act of Parliament, by office, by letters patent, by two orders of the commissioners, and by 24 years' quiet possession.

While the Lord Roche's title is by conveyance from a second brother, which cannot avail him unless he first prove the reputed son of the elder brother to be a bastard, which for the antiquity thereof cannot be proved but by admittance of perjury (if it were true, as it is not).

Secondly, he must prove the feoffment made by the second brother to have been duly prosecuted; which is a thing impossible, inasmuch as the same feoffment and prosecution thereof was formerly in question before the great commissioners, and then could not be proved, as appeared by the said order, &c.

P. 1. Endd.

563. William Angell's Petition. S.P., Ireland, vol. 227, 189.

Petition of William Angell to Salisbury for a grant of lands in the north of Ireland, in lieu of certain sums of money due to him.

P. 1.

564. Petition of sundry Merchants of Dublin to Salisbury, for payment of the following sums lent by them to the Treasurer of Ireland. S.P., Ireland, vol. 227, 190.

Richard Barry, 1,144l.; John Cusack, 1,300l.; Robert Kenneday, 1,711l.; Thomas Carroll, 1,320l.; Richard Brice, 2,346l.; Thomas Bird, 600l.; John Horesh, 234l.; Nicholas Daniell, 120l.; Nicholas Carmick, 1,000l.; Mr. Curtaine, 403l.; Mr. Banckes, 100l.; John Begg, 300l.; George Chambers, 500l.; Philip Moyle, 195l.; Patrick Conley, 400l.; Mr. Boothby, 100l.

P. 1.

565. Case of Lord Bourke, of Castle Connell. Carte Papers, vol. 61, p. 81.

"The state of the petitioner's cause and the proceedings thereof in the Exchequer is shortly thus. About three years and a half since the Lord Bourke, of Castle Connell, who has married the Lady Margaret Bourke, aunt to the Earl of Clanrickard that now is, and widow of Richard Bourke of Derry Maclaghlin, in the county of Galway, deceased, came unto me and informed me that, upon the marriage of Richard Bourke with the Lady Margaret, which was contracted and made with the consent of all her friends, Richard Bourke conveyed a good portion of his lands to the use of the said lady for her jointure, and withal conveyed the inheritance of all his lands in Ireland to the use of his heirs males begotten upon the body of the said Margaret. After this assurance he had issue a son named Thomas, lawfully begotten upon the body of the said lady, and died seised of Derry Maclaghlin and other lands of good value, not long before the end of the late rebellion. Immediately after Richard died, this petitioner, John Bourke, being the reputed son of Richard, but not legitimate, taking advantage of the troublesome time, took possession of the lands whereof Richard died seised, and held the same by strong hand; claiming an estate therein from Richard by a feoffment to uses supposed to be made divers years before by Richard's death, of all his lands in Ireland without any exception, yet without any consideration at all.

The Lord Bourke informed me further, that the lands being holden of the Crown by knight's service, the said Thomas, his son-in-law, ought to be His Majesty's ward, and that he had endeavoured to find an office to entitle His Majesty to the wardship; but that John Bourke so laboured the jurors to find the said forged or fraudulent feoffment, that he could not obtain from them any certain verdict for the King. Thereupon the Lord Bourke entreated me that I would use my best endeavours to right the fatherless infant, being His Majesty's ward, which I promised, according to the duty of my place, to perform.

Shortly after this I was sent for into England; so that for one whole year following there was nothing done in this business.

The second term after my return, the Lady Bourke solicited me, by her letters, to take some course in this cause. John Bourke being then in town, I preferred an information of intrusion against him, to the end that I might know whether he claimed the lands as heir or as a purchaser; and I was content that he should have time to answer the next term following. At which time he made answer, and entitled himself to the lands by a feoffment from Richard Bourke long before his death, which is the forged or fraudulent feoffment before mentioned. Thereupon I preferred an English bill against him, setting forth the conveyance made by Richard Bourke to the use of himself and his heirs males begotten upon the body of the Lady Margaret; that he had Thomas Bourke by the lady, and afterwards died seised; that the lands descended to Thomas, who is now His Majesty's ward; and that John, being a reputed son of Richard, but not legitimate, entered into the lands in the time of rebellion, claiming it by colour of a feoffment which is either forged or fraudulent, because his father still held the possession of the lands and took the profits until his death, with divers other arguments of forgery and fraud. To this bill he was drawn to answer with difficulty; and having committed contempts to the court he received favours in that behalf, and we were at issue on Trinity Term last; and I caused the witnesses to be examined for the King in the vacation, with a full purpose to bring the matter to a final hearing this last Michaelmas Term, which is a necessary preparation for the officer, and at the same time to find the office at the Exchequer bar. All which had been performed, but that [ (fn. 1) ] John Bourke was deferred till this last term, because his witnesses were not present; and now again, when he had his witnesses, the jury did not appear."

Pp. 2. Hol. Rough draft. Endd. by Sir John Davys: "Certificate, &c., de causâ de Derry Mclaghlin."

566. Sir Thomas Ridgeway to Sir Julius Cæsar. (fn. 2) [July 1.] Lansdowne MSS., 159, 72, 139. B.M.

Represents most urgently the embarrassed condition of the Treasury, "Never was the needyest landlord more watchful of the half yere's day."—Rathfernam (Rathfarnham), 1 July 1609.

Pp. 1½. Hol. Sealed. Add.

567. Sir Arthur Chichester to the Privy Council. [July 2.] S.P., Ireland, vol. 227, 92.

Has sent over the pirate Jennings. Complains of the agents of Dublin and Waterford for cessing of soldiers. Informs them that there are now 200 or 300 men in readiness to be transported into Sweden by Captain R. Bingley. Represents the inexpediency of giving such commissions to English commanders who drain the country of English, whereas if Irish commanders were appointed a great benefit would ensue.—Dublin Castle, 2 July 1609.

Pp. 3. Signed. Add. Endd.: "Recd. the 25th."

568. Sir Arthur Chichester to Salisbury. [July 2.] S.P., Ireland, vol. 227, 93.

Has sent the charge of the Master of the Ordnance defalcable upon the apparel from the 1st of October 1603 to the last of March 1605 (at which time the apparelling of the soldier by the provost masters was forbidden) to Sir Julius Cæsar, according to his Lordship's direction. Has likewise caused Mr. Treasurer to transmit a brief collection of the receipts and issues of the revenue and of the concordatums, upon perusal of which it will appear that he has not been so open-handed as it seems has been reported; for, albeit the concordatums are more and greater than he wishes they were, yet they are either directed from thence, or are of such consequence that the service cannot be performed without them.

For the friar, Owen Grome Magragh, who is condemned of high treason, the jury would never have found him guilty, albeit the evidence was most plain, had not the Baron of Delvin come into the court and justified his confession of him, which he was very loath to have done; neither would he (Chichester) have pressed him thereto as he did, were it not to countenance the course of their proceedings by the law, and to uphold the honour thereof, which otherwise amongst this people would soon grow contemptible and of no regard.

For the man himself, he is very old and no way able to do harm or contrive a mischief. Being neither active nor ingenious, his execution will rather make him a martyr among this people than beget amendment in them; for, as long as there is a traitor or a rebel, there will be a priest to keep his counsel, and if it seem good to his Lordship (in respect of the Lord of Delvin) to have him pardoned, he (Chichester) can see no inconvenience that can come thereof; and he suggests that he may rather be confined to some place or county in Ulster than banished; inasmuch as the Baron promises good intelligence by him, which he (Chichester) in his conscience thinks he truly intends if occasion be, for he finds him to acknowledge most thankfully the favour he has received, and to leave the acquaintance of his ill counsellors; and if he be banished, it will be thought by the rest of his profession beyond the seas that either they have not law to put them to death, or that they dare not, when here the contrary is apparent, two or three of their priests having been executed since his time. Has made bold to deliver his opinion, and submits himself to what his Lordship shall think fit.

Has declared in the letter to the Lords the course held with Sir Neyle O'Donnell, and its success. Makes bold to ask to be directed to send him and Sir Donnell O'Cahane thither, for here (besides their practices to escape) their friends and followers have their eyes upon them, and if either of them should break prison it would undoubtedly hinder the plantation and stir a rebellion in those parts. Both countenances and supports the Lord of Howth the best he may, according to his Lordship's directions, and has imparted his care and provision made in the behalf of the Baron of Delvin to himself and his friends; which labour he might have spared, for Howth had dispersed sundry copies of the letters before he came over, but all he (Chichester) can do will make no reconcilement betwixt them, which in his opinion is not much to be wished. The Lord of Howth carries himself as a discontented man. If he were able to do harm, no good is to be expected from him.

Sir Garrett Moore is greatly bound to his Lordship, which he will ever acknowledge and so will all his friends; for, albeit he (Chichester) was satisfied that he was wrongfully accused, yet, the accuser and sundry examples considered, his acquittal and dispatch were more than ordinary.

The Viscount Gormestowne [Gormanstown] takes it ill at the hands of his brother-in-law, the Lord of Howth, that he put him into his pardon; and came to him (Chichester) with protestations that he knew no cause for it, only he remembers that the Lord of Howth long since demanded of him whether he would take his part and draw his sword in a quarrel he had in hand; his answer was, that were it not against a friend as dear unto him as himself, he would; at which time it was far from his thought that he intended any traitorous courses, albeit he now finds that he had at that time entered into the conspiracy, out of which Howth thought him in danger, and so put him into the pardon. Other cause he knows none, but desires rather to quit the benefit of his pardon and put himself to his trial than to stand suspected. The like did Varden, the priest, who came and offered himself to the trial of the law for any criminal cause, to which purpose he has given good assurance for his appearance when he is called for. This makes it apparent that Howth, in all his discoveries, mixed falsehood with truth, and there is good cause to believe that he dealt falsely on both sides. Prays that God may forgive him, and that he (Chichester) may never have any more to do with him.

His Lordship directed long since that he (Chichester) should call unto the Lord of Gormestowne and Sir Thomas Fitzwilliams for payment of the 500l. by them forfeited to the King upon the revolt of Sir Cayre [Cahir] O'Doghertie, for whom they stood bound, which money His Majesty has bestowed upon Mr. Florio. Acquainted them with his Lordship's noble care of them and that he had authorised him to abate part of the principal, so they would make speedy payment of the rest, and had upon that consideration reduced it from English to Irish; which favour they thankfully acknowledged, but pleaded inability and want of money, and rather sought to have all forgiven than to set down a course for the payment of any part thereof. Whereupon (after many sendings and demands of payment), he required the Court of Exchequer to proceed against them; and now they make proffer of 200l., which he refused, having no authority to abate so much of the principal, albeit he knows they are not well able to spare so much; if Mr. Florio will accept thereof or of 250l. if his Lordship please to direct him payment out of the next treasure, will cause them to repay the same to Mr. Treasurer here. This will be a great favour to them, and it is as much as they can be drawn unto without force of law, and more by 50l. than they promise him to pay.—Dublin Castle, 2 July 1609.

Pp. 4. Signed. Encloses,

569. Lord Gormanston and Sir Tho. Fitzwilliams to Salisbury. [July [2].] S.P., Ireland, vol. 227, 93 A.

Offer Mr. Florio 200l. in satisfaction of 500l., forfeited on their recognizance, as sureties for Sir Cahir O'Dogherty.— Dublin, [—] July 1609.

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

570. Lords of the Council to Sir Arthur Chichester. [July 11.] Philad. P., vol. 4, p. 50.

Recommend the bearers, Captain Thomas Mansell, Captain William Fisher, Nicholas Isaac, and Thomas Pinder, employed by divers gentlemen and merchants of good worth, that are desirous to undertake the whole county of Donegal, and propose not only to build upon the several proportions according to the rules prescribed in the printed articles, but also to erect and fortify a port town near the seaside where they shall find most convenient. The gentlemen employed by them are to take view of the place and report. But since the captains of the forts thereabouts, as Sir Henry Folliot at Ballyshannon, and the rest at Donegal, Donnalong and Castlene-do, out of doubt of their own hindrance and loss of entertainments, may haply use some secret and underhand means to dishearten them from their enterprise, he (Chichester) is to take all care to prevent such practices.—Whitehall, 11 July 1609.

Signed: R. Salisbury, T. Suffolke, E. Worcester, J. Herbert, Jul. Cæsar, H. Bruce, Edward Parry.

P. 1. Add. Endd. in Chichester's hand: "Of the 10th of July 1609. From the Lls. of the Council, in the behalfe of certaine captaines and merchantes for lands in the countie of Donnagall. Delyvered by Captn Mansell and Captain Fysher, the 28 eodem."

Footnotes

  • 1. Undecipherable.
  • 2. This and the following articles have been accidentally misplaced from chronological order.