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James I: January 1610

Pages 347-376

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

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James I: January 1610

571. The first Conference with the Deputies of London for the Plantation of Ulster. [Jan. 9.] S.P., Ireland, vol. 228, 2. (fn. 1)

This day Sir Roger Wilbraham, Sir Anthony St. Leger, Sir James Ley, Sir James Fullerton, Knights, commissioners for Irish causes, assisted by Mr. Corbett and Mr. Edwards, clerks of the Council, met with the London Deputies in Mr. Recorder's chambers in the Temple, and there commenced the business of the Plantation of Ulster. The course held in the consultation was to consider the City's demands, and accommodate the same in such manner as might be least chargeable to the King and of most advantage of the plantation; wherein the demand of 4,000 acres to be laid to the Dyrrie and 3,000 to Colraine came first in question.

Demand of 4,000 acres of land to be laid to the Dyrrey.

The deputies for London demanded 4,000 acres to be laid out for the use of the inhabitants of the Derry, on the same side of the river as the town stands, excluding all and every part of Adhortie's [O'Dogherty's] land, and also the castle of Culmore upon the mouth of the river; and as these 4,000 acres will comprise Lady Paulett's land and what else may haply belong to the Bishop of Derry, which is not yet known, they desire that all those titles may be cleared at the King's charge. However, they intend to build churches, and make endowments of competent livings for the maintenance of the ministry.

Answer.—It was thought meet, albeit the quantities of acres demanded would fall out to be a very large extent, being taken all on the same side of the river and clearing the Lady Pawlett's title chargeable to the King, yet that, for furthering the plantation, their demand should be made good; excepting the Bishop of Derry's title, especially that which he had for a seat within the town of Derry, either for a house for himself or for a dean and chapter, which they leave to the consideration of the Lords.

Demand of 3,000 acres in Colraine.

The City deputies who were sent into Ireland observed, that the castle of Colraine stood on the west side of the Ban in the county of Colraine, and that the river bank rose up so steep on that side that a town could not be seated there, either for water or for fishing. Finding the other side of the Ban, where the town of Colraine formerly stood, in the county of Antrim, more fit to build a city, they desire leave to build the town there, and to have 3,000 acres adjacent to it on the same side, in the county of Antrim.

Answer.—The demand of 3,000 acres to 100 houses has no proportion to the other of 4,000 acres to 200 houses; and the King has no ground on that side of the river to lay to the town, the whole country thereabouts belonging to Sir Randall MacDonnel. Move that they would take 1,000 acres on that side and 2,000 on the other. This they refused, insisting on the first demand, which was left to their Lordships.

Demand of the woods of Clancumken [Glanconkeyne] and Killeitragh.

The third demand in regard to these woods was respited, because it grew late, until the next meeting on Friday; but by the conference that passed it was observed that that point would take up some time, as it was conceived that the woods were theirs to cut down and sell, wherein it were meet some directions were given.

Pp. 2. Endd.

572. The King to the Lord Deputy. [Jan. 10.] S.P., Ireland, vol. 228, 3.

That the bearer, Dudley Carleton, Esq., be made one of the secretaries in Ireland, vacant by the death of Sir Jeffrey Fenton, with all fees, &c., and that he be of the Council of Ireland.— Westminster, 10 January 1609.

P. 1. Copy. Endd.: "Mr. Carleton, Ireland."

573. Iron Works in Munster. [Jan. 10.] S.P., Ireland, vol. 228, 4.

Order by the Lord Deputy and Council, in the case between William Chissell and Sir Richard Boyle, Kt., Thomas Ball, and others, relative to certain iron works in Munster.

Signed: Tho. Dublin, Canc., Geo. Derriensis, Thos. Ridgeway, Rich. Wingfield, Oli. St. John, Ad. Loftus, Rich. Cook.

Pp. 3. Copy, large paper. Endd.

574. The second Conference about the Plantation of Ulster. [Jan. 12.] S.P., Ireland, vol. 228, 5.

The conference beginning with a repetition of that which passed at the former meeting; those of London required,—

Demand.—That 7,000 acres of pasture ground might be laid adjacent to the town, without bogs, mountains, or woods.

Answer.—That the bogs and mountains being good feeding grounds, are not to be excepted in laying out commons, unless they would suffer all such bogs and hills to be taken by other men, which would be inconvenient to the towns, or keep them as part of the adjacent ground, and so they would have a greater quantity of acres than they demanded.—After much altercation, left undecided.

Demand.—To have the whole county of Colraine, whatsoever quantity more or less, undertaken at the rates set down without exception of any part, and to express themselves better, they name the Abbey of Dungevin, with the demesnes more or less, the castle of Limvady, and every other part of the said county.

Answer.—That it might be the said abbey, with the demesnes, was already granted to the College of Dublin, and would be hard to get back again. Moreover it had been told them, that divers of the Irish, as Manus O'Kane and Manus Makanally [M'Nally], freeholders in that county, were men of merit, and, having done good service to the State, could not be removed without inconvenience, besides the discouragement to men of desert.

Reply.—The Londoners replied, that they named the Abbey of Dungevin, because they understood there were some who went about to turn it to their own private ends. For those freeholders formerly named, they wished them well, but would by no means have any promiscuous habitation with the Irish, unless they were contented to be their tenants.—Consideration left to the Lords.

Demand.—They demanded the woods of Clancumken and Killetrowe, with the soil of the same woods, to be wholly to their use and possession.

Answer.—That the woods were of as long extent as the whole county of Colraine, and more than would serve for that plantation. It was intended they should have as much of these woods as would serve to build towns and plant the country, the remainder to be left to the use of posterity, or disposed of by the King.

Reply.—The Londoners replied, that the woods in the county of Tyrone were of no use, but either to be spent on the ground or to be brought down the Ban to those places they had undertaken; and that they were so spoilt by the people of the country in late years, that the best part was cut down and purloined away; whereby they feared there would be want of wood within a short time, unless some order was taken for their preservation. Their purpose was not to make any foreign sale of the wood, or turn it into merchandise, but having settled a trade in those parts, their care was to have timber for shipping. To that end they desired the conservation of those woods and the soil as lords of the same.

Difference.—Sir James Ley and the rest thought fit that the controversy should be continued in the King, and left it, as a difference not agreed upon, to the consideration of the Lords.

Demand.—They demand the patronage of all the churches to be built in any part of their plantation, or already built and having no incumbents, which the commissioners think fit to grant them, excepting such as are already passed to the College of Dublin.

The demand of holding the county of Colraine in fee-farm, at the rent of 5l. 6s. 8d. for every thousand acres, excepting woods, mountains, and bogs; of holding the two cities and the lands laid unto them in free burgage, and the rest of the county lands in common soccage, was in every point agreed unto.

Being moved by Sir James Ley, to fall in hand with such other courses as were fit to be thought on for the furtherance of the plantation, in regard to the spring coming on, which should not be lost, the Londoners liked his motion, but excused themselves, as not knowing how to proceed to levy the money before these things were cleared.

Pp. 2. Copy. Endd.

575. Dermot Carty to the Jesuit and Franciscan Fathers. [Jan. 15.] S.P., Ireland, vol. 228, 5 A.

Diermitius Cartheus [Dermot Carty] to the Fathers, Jesuits and Franciscans, and especially to Thomas Edmunds, Thadeus Hwollaghan, and Donatus Crapp, informing them of a design of two with whom he had conversed, to light up a flame in England, with an unextinguishable torch, to excite a wonderful tumult about Michaelmas next, and to kill the King, the Prince, and Lord Salisbury with magic instruments.

Arrival of Dr. Kearney, Archbishop of Cashel, at Rome. The Pope's Nuncio, Archer, the Jesuit, and many others shall arrive in Ireland "before that time."—Bourdeaux, 12/55 January 1610.

P. 1. Latin. Endd.: "Copia vera." Encloses,

576. Dermot Carty [Dermitius Cartheus] to Richard O'Connell, Priest. [Jan. 4.] S.P., Ireland, vol. 228, 5 B.

Similar letter to the above, with a note that like letters have been sent to Richard O'Connell, priest.—Bourdeaux, 4 January 1609.

P. 1. Copy. Latin. Endd.: "4 Jan. 1610, Dermott Carty to Richard O'Connell, priest."

577. Third Conference concerning the Plantation of Ulster. S.P., Ireland, vol. 228, 6.

Privileges demanded.—Custom of all goods exported or imported, poundage, tonnage, the great and small customs; the salmon fishing of the river Ban and Loughfoile; transport of all prohibited wares growing on their own lands.

The admiralty of the coast of Tyrconnell and Colraine, liberty of fishing at sea upon the coast, and peculiar fishing in all the rivers within their country.

Answer.—All these are thought fit to be granted, being formerly offered to the city in the project.

Demand.—That no flax, hemp, or yarn, unwoven, be transported out of their ports, without license of the officers of the Derry and Colraine.

Answer.—It may be yielded to as concerns flax and hemp, but there are two patents already granted for transporting yarn, one to the late Lady Rich, and a reversion to John West, which if they could be called in, or otherwise fitted, were not amiss.

Demand.—That no hides be transported raw.

Answer.—This restraint may be yielded unto in their own ports, but no farther, for the greatest trade of Ireland is transporting raw hides.

Demand.—That as well the cities and towns, as the county of Colraine, be freed from all patents of privileges, heretofore granted to any person, either of linseed oil, soap, ashes, or making glasses, or any other whatsoever, and that hereafter no patent of privileges be granted to any one within the said towns.

Answer.—If by course of law these patents can be revoked, it is wished that they were freed as demanded, and that in future no privilege should be given but by grant from hence, and the city called into it before it pass.

Demand.—To have the command of the castle of Culmore, for search of all such as pass outwards with commodities.

Answer.—Yielded unto, for they pay the officers and soldiers.

Demand.—That the liberties of the cities of Colraine and the Derry may be extended three miles every way, and that they may have such further liberties as upon view of the charters of London, the Cinque Ports, or the City of Dublin, shall be found fit.

Answer.—Yielded unto.

Demand.—That all particular men's interest, either in land or otherwise, be freed to the city.

Answer.—Excepting church and college land.

Demand.—To have forces maintained at the King's charge, during the plantation, for defence of those employed.

Answer.—Forces are fit to be maintained for some reasonable time.

Demand.—To have an Act of Parliament for settling and confirming all these things, and also to have seven years respite to consider such demands as shall further be thought fit.

Pp. 2. Copy. Endd.

578. Lord Deputy (Chichester) to Salisbury. [Jan. 19.] S.P., Ireland, vol. 228, 7.

Sir Francis Barkliefe [Barkely] purposely makes a journey to him, to make an offer to build a wall about the town of Askiston [Askeaton], upon such conditions as he (Chichester) must refer to his consideration. His experience and good behaviour for 30 years may beget some belief and good success.

The Lord President of Munster (who is now there) can inform him concerning the necessity of the work. Has written in his behalf to the Lords, and will trouble him no further.— Dublin, 19 January 1609.

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

579. Lord Viscount Butler to Salisbury. [Jan. 22.] S.P., Ireland, vol. 228, 9.

Is in a better state with his father-in-law, the Earl of Ormond. Prays him to forward the suits of the Earl and his own, to be imported to him by Henry Sherwood, their agent. —Carrick, 22 January 1609.

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

580. Earl of Ormond to Lord Salisbury. [Jan. 22.] S.P., Ireland, vol. 228, 8.

Beseeches him to forward his suits, imparted to the bearer his agent, Henry Sherwood.—Carrick, 22 January 1609.

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

581. A Brief Abstract of the Earl of Ormond's requests. [Jan. [ ]] S.P., Ireland, vol. 228, 9.

1. That a surrender may be accepted of all his manors, lordships, possessions, lands, and tenements, as well those he holds by letters patent as otherwise, or as much thereof as he shall think fit, and that new letters patent be granted to him and his heirs.

That there may be authority to hold plea for personal actions not exceeding in principal or damages 20l. current money of England, for matters growing within the precincts of his manors and lands, wherein he has any seigniory, rent, composition, or interest, in as ample manner as lately granted to the Earl of Clanricarde.

(fn. 2) This may be done, so no liberties be gained to his country palatine, nor Irish chiefry, and with saving other men's rights.

2. Whereas he holds all his lands and tenements within the realm of Ireland free of compositions and all charges (subsidies excepted) during the King's pleasure, which was upon good consideration granted to him in the late Queen's time, that the same may now be passed unto him and his heirs for ever.

He may be allowed a court baron in every manor.

3. Whereas his father and himself had the office of Lord Treasurer of that realm for their better countenance, that the King will be pleased on the death of the Earl to grant the office unto his son-in-law, the Lord Viscount Butler, in such sort as the Earl and his father held the same, by which office not more than 40l. per annum accrues to the Earl, and that for the present the King will allow the Viscount Butler to be one of his Privy Council of Ireland.

This is unreasonable.

This may be.

Lastly, that the King will bestow on the Earl and his heirs a grant of the value of 40l., escheated or concealed lands, within that realm, whereof there is no office found in particular to entitle His Majesty, and which are now in charge in his Court of Exchequer.

P. 1. Endd. Noted by Salisbury.

This doth cross the composition of concealments.

582. Lord Deputy Chichester to Salisbury. [Jan. 23.] S.P., Ireland, vol. 228, 10.

His letters, mentioning his dislike of the grant passed of the fishing of the Ban, came to him on the 20th of this inst., as they have not had a passage thence these nine weeks.

Soon after he came here, he received instructions from the Earl of Devonshire to pass the fishing to one John Wakeman, (fn. 3) upon a book of fee simple given him by the King. But as he understood that the grant would discontent the Earl of Tyrone, who pretended title to a moiety thereof, and Sir Randall M'Donnell, who demanded a quarter, and had so provided that the Earl should have the moiety for 40 years purchase by assignment from Wakeman, he afterwards gave no opposition to the grant, which was then in lease for 21 years, though not a penny of the rent had been paid into the Exchequer for many years preceding. But, as he takes it, the Lord Lieutenant died before the sealing of the patent, and Mr. James Hamilton had bought the remainder of the book together with that particular, to the passing whereof he (Chichester) would not condescend until he promised to pass the moiety to the said Earl for 200l. English; whereupon it passed the seal. Knows not whether Mr. Hamilton passed a conveyance thereof to the Earl before his departure hence, but is sure the Earl had it in his possession at the time of his departure; which will appear by the case which was drawn up before the receipt of his letters, and will be sent by Mr. Treasurer, whose dispatch will be finished in seven days; and if any direction shall come to him concerning the said fishings, he will forbear to put the contents thereof in execution as he requires. Is ill thought of here by some who have books, for refusing to subscribe to such particulars as they bring, if he finds them prejudicial to the King or the church. It seems he is thought by some too open-handed, for he conceives by his letters that some ill tale has been told concerning this particular.—Castle of Dublin, 23 January 1609.

Pp. 3. Hol.

583. Miler Magrath, Archbishop of Cashel, to Sir Thomas Ridgeway. [Jan. 23.] S.P., Ireland, vol. 228, 11.

Prays that he will procure for him the bishoprics of Killaloe and Achonry, for which he had resigned Waterford and Lismore, under promise of the Lord Deputy and Council. Sets forth his hard case.—Cashel, 23 January 1609.

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

584. Sir Arthur Chichester to the Lords of the Privy Council. [Jan. 26.] S.P., Ireland, vol. 228, 12.

After waiting eight or nine weeks, received on the 20th inst. their letters of the 12th of December, with an attachment under the seal of the Admiralty, to apprehend the bodies of the deputy vice-admiral of Munster, and other persons charged with piracy or abetting and consorting with pirates. Sent down four horsemen the morning after, with directions and warrant to the Earl of Thomond and the VicePresident of Munster, to attach them wheresoever they shall be found in those parts, and to send them hither prisoners with those horsemen and a greater guard out of that province.

Sent their letter, which he received at the same time, to be conveyed this way to Sir William St. John.—26 January 1609.

P. 1. Signed. Sealed. Add. Endd.: "Rec. the 1st Feb. 1609."

585. James O'Ferral to Lord Salisbury. [Jan. 27.] S.P., Ireland, vol. 228, 13.

Being come hither for causes concerning his estate, and those of the rest of the gentlemen and poor inhabitants of the county of Longford, against Sir Francis Shaen and the heirs and executors of Sir Nicholas Malby, lately deceased, and having been impeded in his proceedings by some defect in the letter of attorney given him by those gentlemen, is driven to insinuate his cause to his Lordship's favour; that he may call to remembrance the letters of the Deputy and Council in behalf of the said poor county, and the good reports of his father and himself, presented by the Lord Chancellor, both of their great losses and services, for which he begs him to afford some regard of his petition. The rather that he will give sufficient security to the said Sir Francis for the 40 marks advanced him by the commissioners in consideration of the delay.—27 January 1609.

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

586. The humble Petition of James O'Farral. S.P., Ireland, vol. 228, 14.

Sheweth that the commissioners for Irish causes have certified to the Lords of the Privy Council, in the controversy depending between the inhabitants of the county of Longford and Sir Francis Shane, Knt., concerning 120 rent-beeves challenged to be due, issuing out of the manor of Granard, as may appear by their certificate, whereas heretofore the inhabitants never paid more than 36l. Irish per annum.

Petitioner thinks himself and the inhabitants rather charged and burthened than eased and relieved; in respect they have already paid 400l. sterling for arrearages, and yet are not acquitted of 600l., being the rest of the arrerages by him challenged, and in respect that beeves are overrated, and in regard there is as much of the land out of which the said rent was issuing, come to the King's hands by the attainder of the tenants thereof, as yields 23l. sterling per annum, and that Sir Francis has been possessed, during the last rebellion, and is yet possessed, of the demesnes of Granard, which heretofore have been in the possession of the said inhabitants, and out of which the said rent was principally issuing.

Prays that the King may be pleased to discharge the inhabitants of the arrearages incurred during the waste and depopulation of the county, and to accept from them as much rent out of the said manor as Sir Francis pays, and thereby draw the dependancy of the inhabitants to him as it has formerly been; the rather because the Deputy and Council of Ireland have by several letters certified their opinions to be accordingly, and because the King may give Sir Francis some other satisfaction in lieu thereof.

Prays that the controversy depending between the inhabitants and the heirs and executors of Sir Nicholas Malby, may be speedily dispatched, and that they may be discharged of the arrearages and growing rents, yielding to the King as much as is yielded out of any plough land of like survey chargeable to the King in Ireland.

P. 1.

587. Certain Considerations touching the Plantation of the Escheated Lands in Ulster, delivered to Mr. Treasurer the 27th January 1609. [Jan. 27.] S.P., Ireland, vol. 228, 15.

Before all things the King's title to be cleared, which will be done now upon sight of the cases which are to be examined and weighed by the judges, and their opinions confirmed in Parliament, held here if thought requisite, at the King's pleasure, and in the meantime no claim or plea to be admitted in any court for any lands which the judges shall lay down to be the King's upon sight of the cases.

This great work of deducing inhabitants and making a plantation in such a barbarous and remote country cannot be performed by men of mean condition and ability, for they will not adventure themselves and their fortunes unless they are encouraged and protected by some powerful man in chief. That persons of rank and quality must be those who are to effect this work is manifest; for that it is a matter more of honour and example than for any hope of gain for which this plantation must be undertaken, and few men will engage in such actions of charge and damage, except they are associated with such followers, friends, and neighbours, as can give them comfort and bring them strength and assistance. Therefore wishes that the Lord Treasurer, Lord Privy Seal, and other persons of honour and power, would each of them undertake a barony in different countries, and that they would draw unto them fit men for the plantation; seeing that the strangers who will come here are more likely to consume their substance and undo themselves than to effect the plantation, if they have not the assistance of some sufficient gentlemen experienced in this kingdom, and especially in Ulster.

Would have one or two admitted by the chief undertakers to be next themselves in the baronies undertaken, to give countenance and assistance to strangers.

Knows some who are willing to undertake a whole barony, even in the worst part of Ulster; and unless this be the manner of undertaking, or unless the subjects of England will plant upon a common purse, he has no hope that the plantation will take effect as it ought.

In the division of each country, the straights and places of command are those where every powerful undertaker must be enjoined to make his dwelling; in order not to suffer their freeholders or under-tenants to straggle or disperse into glins or the edges of mountains and woods, as they did in Munster, but to have their dwellings near the principal undertaker.

By this means not only those parts of the country will be better secured and they themselves freed from the attempts of weak parties of rebels, but they will, by their cohabitation, breed unity and civility, and yield strength and comfort to one another, and secure the highways and passages for travellers. As for the castles, storehouses, and bawns projected to be built, thinks that such great works cannot possibly be erected within the limited time, especially in the inland parts of Ulster; in regard that, if money were ever so plentiful, yet the materials, victuals, tools, artificers, workmen, and carriages, cannot possibly be supplied within so short a time, considering how many works are to be taken in hand at once; and therefore four years for building a castle, storehouse, or bawne, is the least time that may be allowed them; within which time it is necessary that they be enjoined to enclose with strong ditches and quickset a meet proportion of their land after the manner of England. But to tie men of quality to be so long resident upon the place may rather overthrow than further the plantation, for no wise man will be bound to perform that article; and some may do it better by friends or substitutes than by themselves.

It will be worthy of consideration whether the erecting of horse and foot to answer the rising-out be not more to be preferred, in regard of dangerous times, than raising an over-high yearly rent.

The King's greatest advantage will be the power, wealth, and prosperity of the new undertakers. Therefore he likes not that the undertaker should be bound to pay so present a rent as is projected; but that in regard of his building, bringing over his people, and other manifold expenses, he should have three years' absolute freedom, and the following three years to pay but half the rent, and after that, the whole.

The undertakers of Munster had this benefit, together with certain horsemen in pay to countenance them at their first beginning; but all was too little, notwithstanding the nearness to England, the supplies and suitors they had from the port towns, the many castles they found built to their hands; all which will be wanting in Ulster.

It will avail for the security and contentment of the undertenant, that the rent out of the lands assigned him may be distinguished and proportioned in the rent of the chief undertaker, and that there be a caveat inserted in the King's grant, that the undertenant shall not be subject to pay the King more rent for the lands he holds, than His Majesty reserves for that proportion from the undertaker; who is to reserve from the undertenant a distinct rent to himself, besides that which the undertenant is also to pay the King.

The reason is this, that if he have a careless or unthrifty landlord, who by absence or otherwise cannot or will not pay the King's rent in due time, the undertenant may be distrained for remainder of his landlord's rent due to the King; which is an inconvenience and danger that ought to be carefully foreseen and provided for, for it has wasted many seigniories and undone many private men in Munster.

The manifold charges and difficulties of the undertaker being considered, it will be very hard to him to hold his lands either in capite or by knight's service, since the undertaker in Munster, who has greater proportion of lands, and holds but in soccage, finds it very heavy to pay a heriot and relief.

Again, the profit that shall be drawn from the undertaker of Ulster and his heirs, by that tenure, redounds not altogether to the King, but, for the most part, to his officers. Instead of which tenure, it were more for the King's avail, and more agreeable with the meaning and equity of the law, upon the first creation of those high tenures, that, in lieu thereof, some restraint and tie might be laid upon the undertakers, that they should make no estates for less than 21 years or three lives, and to keep them from alienating any their possessions without license, and from marrying and fostering with the Irish; which curbs will more avail the King's service, and be more pleasing and safe for the subject, than the said high tenures.

This course is a good preparation to link the undertakers and their issue together in marriage and affection, and to strengthen one another against the common enemy.

Upon the plantation of Munster it was thought good policy to scatter and divide the Irish amongst the English undertakers, hoping that by observation of civility and good husbandry of their neighbours they would learn to fashion and conform themselves to the like qualities and conditions with them. But experience disproved that opinion, for they were no sooner set down amongst them, than, instead of imitating, they scorned their courses, envied their fortunes, and longed to be masters of what they possessed; and, as soon as the memory of their former rebellion and miseries was a little forgotten, and their estates amended, they grew to contriving forged titles to the lands whereon the English had built and enclosed, making daily stealths of their goods and plots against their lives. Moreover, the daily conversation and dwelling of the Irish amongst the English gave free recourse to all their base followers and rogues to make espial and free passage amongst them, out of which late example he is bold to say, that, as it is a matter of great consequence and necessity to make meet provision for the natives, so is it very difficult and dangerous to remove and transplant such a number of barbarous and warlike people into any parts of the kingdom; besides that the other provinces are too well acquainted with their lives and conditions, and will be as unapt to receive them. Therefore, the remedy he conceives will be to appoint them some one part of the plainest land of their own country, or to intermix their town reeds with ours in plain countries, where they may be environed with seas, strongholds, and powerful men to overstay them, and then to proportion those lands indifferently unto them upon meet rents and conditions to keep them in subjection, and that with such equality in the partition, that the contentment of the greater number may overweigh the displeasure and dissatisfaction of the smaller number of better blood.

They are likewise to be restrained from having any chiefries, cuttings, or any Irish exaction whatsoever over their tenants. And thinks it were better that their chiefries and rents should be made certain upon their undertenants, and levied by the King's officers, and so made over to them, than that they should be left to their own collection; which, as long as they shall be suffered to do, will make the dependancy of those from whom it is levied, follow those who take it up. Wherever they are placed, they must be forced to leave their creaghting and dwell together in town reeds as other the King's subjects.

It is worthy of consideration how the English language and customs may be preserved, pure and neat, unto posterity, without which he accounts it no good plantation nor any great honour and security to them to induce people thither.

The way to perform that is to separate the Irish by themselves, to forbear marrying and fostering, and if possible to exceed them in multitude; for all other effectual courses are either too severe or too difficult to attempt. Consider how the old English language was first brought in and continued to this day, both in the English Pale and in some few baronies in the county of Wexford, and also in some places in South Wales, and whether the same happened by laws, or extirpation of the ancient inhabitants. For the bishops, wishes the King would confirm to them all the lands found for them in demesne and chiefry, where the said lands have come to him by attainder, Act of Parliament, or other lawful means; for he holds the Termons, Corbs, and Erenaghs that claim them to be unfit and unworthy of them, otherwise than as any other tenant allowed by the bishop at his will and pleasure; out of which lands he would have the parson or vicar have his proportion, be it 60 or 100 acres, to be laid out by the commissioners, together with a site for house and garden, &c., and with convenient wood and turbary. This will be but a small deduction out of the bishops' great scopes; for the parishes are very large and few, and without this provision the parsons and vicars cannot for the most part have any land within two or three miles of the church, and in some places farther off; which is a great inconvenience.

The bishops, no doubt, will not gainsay this; and if the King be inclined to grant them their own asking, and they to depart with all that kind of land, then they may have so much land of the King's, lying farther off, in lieu of the other deducted for the use of the parsons.

The Lord Primate and Bishop of Derry have consented thereto, and he knows they may well depart with so much to the ministers without any recompense; considering it is but the relics of the King's oblation unto the church, by which the bishops are likely to be benefited beyond one of their predecessors.

Wishes the bishops may be enjoined to build one substantial strong house for their own habitation in each diocese; and that they may be likewise enjoined to bring as many civil men out of Great Britain or this kingdom as possible to inhabit their lands, and to cause their tenants to dwell together in towns to be conveniently seated for the defence of the country and defence of passengers, and generally to abandon creaghting and removing from place to place.

Suggests for consideration whether the bishops shall not have the donation of benefices generally throughout their dioceses, excepting a convenient number for the college here, to bestow at their discretion, and some principal benefices in each diocese for the Lord Deputy to prefer his chaplains unto, or other learned men at his discretion.

Also the proportions to be laid out for corporate towns, the King's forts and wards, free schools, hospitals, and the college near Dublin: which will be best done by the commissioners upon the plantation; and wishes that a commissioner or two should be sent to see what can be done in that service, and to make a report thereof to the King upon their return.

That the undertaker may have the like benefit of exporting the commodities growing and to be made of his land, and for bringing in necessaries for his use free from custom, as the undertakers had in Munster.

That the bishops be enjoined to set their lands for three lives or 21 years, and not under, with reservation of good rents.

Pp. 6. Signed and endd. by Sir Arthur Chichester: "Certain considerations concerning the Plantation."

588. Articles between the King and City of London for the Plantation of the City of Derry and the County of Coleraine. [Jan. 28.] S.P., Ireland, vol. 228, 14A.

Articles agreed upon the 28th January, between the Lords of the Privy Council on the King's behalf on the one part, and the Committees appointed by Act of Common Council on behalf of the Mayor and Commonalty of the City of London on the other part, concerning a plantation in part of the province of Ulster; which articles were signed by the Lord Chancellor, Lord Treasurer, Lord Privy Seal, Lord Chamberlain, Earl of Worcester, Earl of Dunbar, Lord Zouch, Lord Knollis, Lord Stanhope, Sir John Herbert, and Sir Julius Cæsar, and on behalf of the City, by Sir Henry Montague, Sir Thomas Lowe, Sir John Jowels, Wm. Cockane, Wm. Towerson, Nicholas Leate, Wm. Doters, Richard Wright, Martin Freeman, John Brand, George Smithes, William Dies, William Greenwell, John Barrer, William Harrison, William Turner, and James Hodson.

1. Imprimis. It is agreed by the city that 20,000l. shall be levied, whereof 15,000l. shall be expended on the intended plantation, and the other 5,000l. for clearing private men's interest in the things demanded.

2. That 200 houses shall be built at the Derry and room left for 300 more, and that 4,000 acres lying on the Derry side next adjacent to the city shall be laid thereunto, bog and barren mountain to be no part thereof, but to go as waste to the city, the same to be done by indifferent commissioners.

3. That the Bishop and Dean of Derry shall have convenient plots for the site of three houses at the Derry.

4. That Coleraine shall be situated on the abbey side and 100 houses built and room left for 200 more; and that 3,000 acres of land shall be laid thereto, viz., 1,000 acres to be taken on the abbey side next adjacent to the town, and, if the King be pleased to erect and maintain a bridge in perpetuity at his charge, for a common passage over the river, between the town and the county of Coleraine, then the other 2,000 acres shall be taken on the other side of the river, otherwise the whole 3,000 are agreed to be taken on the abbey side, adjacent to the town.

5. That the measure and account of lands shall be after the balliboes, according to the King's last survey.

6. That the rest of the territory and entire county of Coleraine, esteemed at 10,000 acres, more or less, undertaken by the city, be cleared from all particular interests, except the inheritance of the Bishop and Dean of Derry and certain portion of lands to be assigned to three or four Irish gentlemen at the most, now dwelling and settled in the county of Coleraine, who are to be freeholders to the city and to pay them small rent, the same portions and rent to be limited by commissioners, indifferently chosen between the King and the city.

7. That the woods, grounds, and soil of Glanconkeyne and Killetragh, extending from the county of Coleraine to Ballenderry, be wholly to the city in perpetuity, the timber trees of those woods to be converted to the use of the plantation, and all necessary uses in Ireland, and not to be made merchandise.

8. That the soil, in and amongst those said woods, which stands charged as conserved lands, be undertaken in the like form as the county of Coleraine.

9. That the city shall have the patronage of all the churches as well within the city of Derry and town of Coleraine as in all lands undertaken by them.

10. That the 4,000 acres laid to the city of Derry and town of Coleraine shall be in fee-farm at the yearly rent of 5s. 4d.

11. That the city of Derry and county of Coleraine and 7,000 acres of land to them, shall be held of the King in free burgage.

12. That the residue of all the county lands and woods, and all such lands to be undertaken, shall be held of the King in common soccage.

13. That the customs of all goods imported or exported, poundage, tonnage, and the great and small customs shall be enjoyed by the city for the term of 99 years within the city of Derry and town of Coleraine and county, and all ports and creeks thereof, paying yearly 66s. 8d. to the King as an acknowledgment, and to have the like for the port of Portrush.

14. That the salmon and eel fishing of the rivers Ban and Loughfoile, and all other kinds of fishing in Loughfoile as far as the river flows, and in the Ban as far as Loughneagh, shall be in perpetuity to the city.

15. That the city shall have liberty to transport all prohibited wares growing upon their own land.

16. That the city shall have the office of the admiralty of the county of Tyrconnel and Coleraine, and all the royalties and profits thereto belonging, and shall have their own ships, and goods which shall happen to be wrecked at sea in Ballishannon and Olderfleet, and in all the coasts, ports, and creeks along it, between them, saved and restored to themselves.

17. That the city shall have the liberty of fishing and fowling upon all the coasts, as all other subjects have, and that it shall be lawful for them to draw their nets and pack their fish upon any part of the coast they fish upon, and carry the same away, and that they have the several fishings and fowlings in the city of Derry and town and county of Coleraine, and all the lands to be undertaken by them, and the river of Loughfoile as far as it flows, and the Ban as far as Lough Neagh.

18. That no flax, hemp, or yarn, unwoven, be carried out of the Derry and Coleraine without license of the cities' officers, and that no hides be transferred without like license.

19. That as well the cities and towns and the county of Coleraine be freed from all patents of privileges heretofore granted to any person, and that hereafter none be granted within the said cities, and that they shall be freed from all compositions and taxes no way to be taxed or imposed by the government of those parts.

20. That the city shall have the castle of Culmore and the lands thereto belonging in fee farm, they maintaining a sufficient ward and officer therein.

21. That the liberties of Coleraine and the Derry shall extend three miles every way.

22. That the city shall have such further liberties to the Derry and Coleraine as, upon view of the charters of London, the Cinque Ports, Newcastle-upon-Tyne, or Dublin, shall be found fit.

23. That all particular men's interest in the places about the Derry and Coleraine and county of Coleraine, and other the undertakers' lands be cleared and free to the city (except as is excepted in the 6th article).

24. That sufficient forces shall be maintained at the King's charge for the undertakers' safety for a certain time.

25. That for settling and securing all things touching the plantation aforesaid, the King will give his assent to Acts of Parliament here, and the like to pass in Ireland.

26. That the city shall have time during seven years to make such other reasonable demands as time shall show to be needful.

27. That the city shall with all speed set forward the plantation in such sort that there may be 60 houses built in Derry and 40 in Coleraine by the 1st November following, with convenient fortifications, the rest of the houses to be built and perfected by 1st November 1611.

Pp. 3. Copy.

589. Instructions for the Treasurer (Sir Thomas Ridgeway). [Jan.] S.P., Ireland, vol. 228, 16.

Remembrances in the behalf of persons of quality to be recommended to His Majesty and the Lords of the Council in such suits as they have to propound, which they would have done in person, had he (Sir Arthur Chichester) not stayed them from troubling His Majesty upon promise to be a mediator for them.

First. That Sir Dominick Sarsfield, now second Justice of the King's Bench, may be thought of to succeed Lord Walsh, as Chief Justice of the Court of Common Pleas upon the death of the Lord Walsh. This will give him great contentment and make the lawyers of this nation see they are not disregarded, as they now suppose.

That Mr. Patrick Foxe may have some comfort after his long service, according to the contents of his brief of remembrance herewith forwarded.

That Mr. Auditor Ware may find favour in his reasonable demands contained in his letters, which will be a great benefit and furtherance to the King's service.

Sir Gerrot Moore is a suitor to have the fee-farm of several parcels of land and titles which he now holds from the King, in which he has a lease now in esse for three score and twelve years, and in all but that one parcel above four score, and in some above a hundred. The inducement for this is that he pays the greatest rent to the King of any man in the kingdom, and that he is a worthy and honest servant; and principally that the King will hardly enhance the rents, albeit he never received a fine upon the increase of years or renewing the lease, and a better tenant he will hardly find in the kingdom.

That such men of quality here as will undertake the planting a barony of the escheated lands in Ulster may be thereto admitted; for, if they can draw friends unto them out of England or Scotland, they are the most likely men to perform the conditions.

Sir Oliver St. John, Sir James Perrott, Sir Thomas Williams, and others that they will draw unto them, for the country of Lower Orier.

Sir Gerrott Moore for Upper Orier, or part of O'Nealan.

Sir Oliver Lambert for the barony of (fn. 4) in Fermanagh, who offers good conditions, which he (Chichester) herewith delivers to him. For a strong and defensible town, erected in a fit and convenient place within the barony, and two or three castles built upon straights and passages, are more available for the service and defence of the country than twenty placed elsewhere for pleasure or profit.

Sir Raphe (sic) Bingley and his friends for the barony of Killmacrenan in the county of Donegal, which is a very remote and barren country; he offers good conditions for the plantation thereof, which he forwards; and if he put in like assurance to perform the same, thinks the King cannot give it better, and few others will undertake it upon like consideration, for a stranger will be hardly drawn thither.

Sir Henry Folliot, having lately purchased the Abbey of Asheroe of Mr. Auditor Gofton and Bellicke [Belleek] of some other patentee, was determined to build at those places for his posterity; but he dissuaded him from it, for he foresaw that the castle and house of Ballyshanan, which stands most fit and commodious for the King's service, might thereby be neglected and in short time fall to ruin and decay, and therefore he advised him to bestow his money on Ballyshanan. He said he had but his life therein, and knew not who would have it after his departure; whereupon he promised (if he would bestow his money there and at Bondroes [Bundrowes], and keep those castles in time of peace without charge to the King, and have them always fit and defensible for the King's service if troubles and rebellions should arise) he would become suitor that the said castles and lands annexed unto them (which lies for the most part betwixt the two castles, and is now in his possession) might be passed unto him in fee-farm as an undertaker of so much of the escheated lands, of which he thinks him worthy, and that it cannot be bestowed better. If the King will reserve it in his own hands, some cost must be bestowed on it; and when it is in the hands of any but a captain who has a standing company, the King must be at the charge of a constable and a ward, whereas by this it may be saved and the place kept at all times fit for the King's use and service.

Note by Salisbury.— The commissioners' answer is that the land and castle is yet left undisposed, and therefore the Lord Deputy may recommend it to the King hereafter for Sir Henry Folliott.

Sir Foulke Conwaye will undertake Braslowe, which borders upon his lands of Kilultagh; those two countries are a strong fastness, and have been a den of rebels and as thievish a country as any in Ulster.

He would have Sir Toby Caulfield undertake Clancan, and Sir Francis Roe, Munterdevlin and such other lands adjoining to their forts as is convenient for them. These gentlemen are of ability, and can give good furtherance to the plantation if they may be encouraged to undertake those fast countries upon reasonable conditions. Captain Henry Skipwith is an humble suitor for Cullmackatrean and the 18 quarters of land thereto belonging, and Sir Parr Lane desires to be his neighbour there, and so does Sir Thomas Chichester; and others seek for land about those parts because it joins so near his (Chichester's) land of Enishowen more than for the goodness of the soil. He (Ridgeway) has the names of most men fit to undertake, together with the portions they desire, to which for brevity he must refer him.

Note by Salisbury.—The general answer of the commissioners concerning the recommendation is that those who are settled in Munster, &c., and not particularly of servitors mentioned in the Lord Deputy's advices, are not so fit to be preferred in the plantation as those of servitors that are settled in Ulster or near it.

Sir Tyrlow [Tirlogh] M'Henry O'Neale seeks to have the quantity of his land increased. He (Chichester) wishes they could remove him from the Fewes and settle him upon the plains, to which, if he assent, he hopes they may be authorised to give him some reasonable content, and otherwise let him be hemmed up where he is.

Connor Roe Maguire expects to have three baronies upon some promise made to him when the traitors Tyrone and Tyrconnel and other Irish Lords were restored to their grants; but a more prudent course being now in hand, sees not that the King is bound in honour to make so barbarous and unworthy a man greater than his neighbours, but rather in true construction of State to suppress him; for all his actions declare an ill mind, and sure he will do much harm to the plantation if he be made so great. The barony of Maheristephanagh will contain him and all his followers and goods that depend upon him, and that quantity, in his opinion, is rather too much than too little for him.

That none of the islands in the river of Loughearne be passed to any of the Irish, but that the commissioners dispose of them to worthy undertakers; for strengthening them will keep the whole country in subjection, however evil they are disposed.

He (Ridgeway) knows that Art M'Baron O'Neale, Tyrlowe [Tirlogh] M'Art O'Neale, Henry and Con M'Shane O'Neale, Brian Crossagh O'Neale, and others of that surname, expect greater portions of lands than is fitting to be given unto them. Most respect is to be had of Tyrlowe and Henry, and yet he wishes neither of them to have more than two or three balliboes.

Art M'Baron must have some contentment given him during his life, or be restrained, for he has three or four sons beyond the seas, stirring men, two of them captains with the Archduke, and a lusty knave at home. Touching these men, there must be some particular direction which must satisfy themselves or free them (the Deputy and Council) from blame if they play the knaves upon discontent hereafter.

He (Ridgeway) must learn what the Lords' pleasure is concerning Sir Cormick M'Baron and his lady and children during his restraint, also for Bryan Maguire, brother to the traitor Coconnagh, and his other brother, the three M'Swynes, Doe, Banagh, and Fawnett, and O'Boyle, Manus O'Cahaine, and some others of that surname in Colraine, who all claim to be principal lords and gentlemen in the several counties where they dwell.

He (Ridgeway) must likewise know what they are to do with the wife and children of Sir Donell O'Cahaine, Sir Neale O'Donell, and others as he remembers.

Pp. 5. Signed: Arthur Chichester. Not dated, but probably in January. Encloses,

590. Recommendation of Patrick Fox. [Before Jan. 21.] S.P., Ireland, vol. 228, 16 A.

Brief of remembrance of Mr. Patrick Fox, for a pension or fee-farm, with the Lord Deputy's recommendation.

P. 1. Endd.: "A note for Mr. Treasurer."

591. Articles for the Plantation of the City of Derry and County of Colraine, between the King and the City of London. [Jan. 28.] Philad. P., vol. 3, p. 439.

Copy of No. 588.

At foot is the following: "Concordat cum Regestro. Edmondes."

Pp. 4. Copy. Not signed. Add. Endd. by Sir Arthur Chichester: "28th of Januarie 1609. The articles of agreement betwixt the Lls. of the Councell and the Londoners, concluded as above-sayd. Re. by me the 4th of June by Mr. Rowley."

There follows a note in the hand of Chichester's secretary: "Sir Donell O'Cahane, &c., were sent over about the last of October (1609) before the date hereof."

592. Articles concerning the Plantation. [Jan. 28.] Harl. MSS., 35, 28, f. 324.

Another copy of the same articles.

Pp. 6½. Copy.

593. Plantations. [Jan. 29 ?] S.P., Ireland, vol. 228, 16 B.

Servitors of Ireland who are willing or may be induced to undertake and make good such quantities of the escheated lands in Ulster as will be most available for His Majesty's service, &c.:

The Lord Deputy and such of the Council who are willing to undertake such quantity as shall be pleasing to the King's Privy Council, viz.:—

* Lord Deputy.

* Lord Audley, a barony in Tyrone, Clogher, or Omie [Omagh].

* Treasurer, * Marshal, * Master of the Ordnance, part of Orrier about Tonraggee.

* Sir Oliver Lambert, a barony in Fermanagh.

Sir Gerrott Moore, part of a barony in Armagh or Fermanagh.

Such others of the Council of Ireland, who may be invited and brought (if there be cause or defect in the number or quality of the English undertakers) to undertake such proportions as shall be fit for the public service and answerable to their several places, &c., viz.:—

Lord Chancellor, Earl of Clanricard, Earl of Thomond, Lord President of Munster, Sir Henry Harrington, Sir Edward Brabazon, Sir Henry Docwra, Sir Henry Powre, Sir Richard Morrison, Sir Francis Stafford, Sir John Jephson, Sir James Fullerton, Sir Adam Loftus, Sir John King, besides the judges and * Mr. Attorney.

Captains of companies who have also certain houses or places of the King in Ulster, which they affect to continue, and by whom the lands adjoining such houses are most fit to be undertaken, viz.:—

* Sir Foulke Conwaye, the country called Braseloue.

* Sir Henry Folliott, Ballashanan, &c.

* Sir Edward Blaney.

* Sir Toby Caulfield. I wish him Clancann, but he rather affects lands in O'Nealan.

* Sir Richard Hansard, something near the Liffer in Donegal.

* Sir Francis Roe, lands near Mountjoye, Mounterdelvin, &c.

* Sir Francis Ruish, about Belturbet in Cavan.

* Sir Thomas Phillips, in the county of Coleraine.

Captain John Vaughan, Dunalonge, &c.

Captains of companies who have no settled house or place of garrison, and yet are willing to undertake in or near the place where they are garrisoned:—

Lord of Howth.

Lord Cromwell.

* Sir James Perrot, in Orrier.

Sir Thomas Roper. Captain Newce.

* Captain William Stewart, about Strabane.

* Capt. Patrick Crauford, in the county of Donegal near Liffer.

Mr. John Hamilton desires to join with Mr. Crauford for the lands he takes.

Constables of castles and captains of boats in the North, by whom some land next adjoining is most fit, for the public ser vice, and their own better settlement also, to be undertaken viz.:—

Sir Francis Barkely, Sir Thomas Chichester, in Donegal, as near Enishowen as he may.

* Captain Atherton, about Mount Norris in Armagh.

Captain Fortescue, Captain Trevillian, * Captain Hope, * Captain Clotworthie, * Captain Basill Brook, the castle and abbey of Donegal.

* Captain Culme, in the county of Cavan.

* Captain Donnington, Dungevin in the county of Colerayne.

* Captain Cole, in Fermanagh.

* Captain Illing, about Castle Doe.

* Captain Leigh, about the Omie [Omagh].

* Captain Anthony Smith, in Upper Orrier.

* Archye Moore, * Captain Henry Skipwith, Culmaketrenan, and 18 quarters of land in Donegal.

Other knights, servitors, and pensioners in pay, who may and will undertake of themselves with some helps and encouragements, and some of them without helps, viz.:—

Sir Charles Wilmot, Sir Josias Bodley, * Sir George Greame, * Sir Rich. Greame, Sir William Usher, Sir Rich. Percye, Sir Ed. Harbert, Sir Ralphe Constable, Sir Robert Newcomen, Sir Ferdinando Frecleton, Sir Edw. Fisher, Sir James Carroll, Sir Allen Apsley, * Captain Bourchier, Captain Bassett, Auditor Peyton, Mr. Parsons, surveyor, Mr. George Ridgeway, * Captain Lyons, Mr. Birchensha, Auditor Ware, Mr. Lenton, Mr. Bowen, * Captain Trevor, Captain Atkinson, Captain Fleming, Captain Moyle, Samuel Molineux, * Captain Baker, Moyses Hill, Mr. Dalway, Captain Meares, * Captain Pykeman, Captain Gainsford, Captain Tyrell, Mr. Sowthworth, Captain Humfry Norton, Mr. Thomas Smyth, Mr. Hibbotts, Mr. Will. Longe, Mr. Henry Perie, Mr. George Sexten, Mr. Francis Annesley, Mr. Cottle, Mr. Kenny, Mr. Edgeworth, Wm. Browne, Roger Downton, Christopher Bysse, Nicholas Bradye, Nicholas Howard, James Longe, Sydrack Davenport, Rich. Lynch, John Hoy, Deane Wheeler, Eusebius Andros [Andrews], Wm. Crowe, Charles Hewet, John Ashe, Anthony Stoughton, Edward Brooks, Mr. Calvert, Henry —, Barnaby Rych, Walter Talbot, Thomas Chetham, Mr. Whaler, Job. Gillet, Francis Loftus, Walter Whyte, Baptist Jones, Henry Maynard, Anthony Reignolds, John Stoughton, Mr. Warren.

Servitors not in pay and willing to undertake, viz.:—

* Sir Tho. Williams, part of Orrier or of O'Nealan.

* Sir Edw. Fetyplace, * Sir Thomas Coach, * Sir Ralphe Bingley, the barony of Kilmacrenan.

Sir Roger Jones, Sir Nicholas Wyte, Sir Tho. Ashe, Sir William Taaffe, in Armagh.

* Captain Sackford, * Captain Pynner, Captain Jo. Ridgway, Mr. John Chichester, Captain Ellis, * Captain Henry Vaughan, and * Captain Gore, in Boylagh and Banagh in the county of Donegal.

* Captain Hart, Mr. Langford, Mr. John Dobb.

Servitors and pensioners in pay who will be content to undertake with some principal undertakers their friends, but not build castles, &c. themselves, unless by extraordinary helps and encouragement, viz.:—

* Captain Cooke, * Captain Larkin, Captain Neilson, * Captain Edney, Lieutenant Cowell, Sir George Greame's sons, John Meeke, Mr. Marwood, Mr. John Stroude, Adrian Fitzsymons, Mr. Wm. Handes, * Captain Harrison, Edm. Leadbeater, Robert Whitehead, Captain Owen Ap Hugh, * Captain Arthur Hugon, Lieutenant Brian, Lieutenant West, Lieutenant Acland, Lieutenant Browne, Lieutenant Perkins, Lieutenant Atkinson, and so of all the lieutenants, ensigns, serjeants of most of the northern companies, besides some more of other parts of Ireland now or formerly in pay.

The Lord Cursie [Courcy] and Lord Delvin have been requested to be set down for undertakers.

P. 1. Large paper. Endd.

594. Remembrances concerning the Public, given to Mr. Treasurer 29th January 1609. [Jan. 29.] S.P., Ireland, vol. 228, 17.

His chief employment being for the plantation of the escheated countries, he is to apply himself especially to that subject, and to put the Lords in mind that the season of the year requires timely dispatch.

In managing this affair he must acquaint the Lords how difficult it will be for the commissioners to distribute the lands by single, middle, or double proportions, to such as shall come from Great Britain in the name of undertakers, and what a long time that course of distribution will take up, to the hindrance of the new commissioners and the King.

Besides which, contention will arise, and perhaps a farther mischief, who shall be placed first, and for the place itself, which will weary the commissioners and displease the undertakers. Consideration thereof has made him wish that the division may be made by baronies.

He must remember the ministers that they be provided for next to the churches, and that it will be a hard matter to erect new parishes before the country is better peopled and settled, for he fears they shall not get the old churches rebuilt in any convenient time, where they are altogether ruined, and those repaired where part of the walls are standing.

He is to make known the state and condition of the Erenagh lands, and when the King and Council are informed therein, they have done their duty, and it rests with the King to dispose.

It is a matter worthy of consideration when the commissioners begin their journey into Ulster, and which county they first take in hand, that the undertakers in each county may so sort their journeys as to repair unto them in fit time, when the business of that county is in hand, otherwise their journeys will be unpleasant if they find no inns or houses to receive them, and more so if they (Chichester and the other commissioners) have not warning and means to provide for them and the army, for which he must procure money beforehand.

They (the commissioners) must begin either with the Cavan or Armagh; if with the Cavan, must from thence go to Fermanagh, and so to Donegal, from thence to Coleraine, Tyrone, and lastly, to Armagh. If they begin at Armagh, they must end with the Cavan, which must be set down in certainty for the aforesaid reasons, but the time of their stay in each county will be as the business requires, and in that point uncertain, for three or four days must not be stood upon.

If the King purpose to place a president or other government in Ulster, Dungannon must be his seat, it being the centre of the province, where the King must build a house and erect a town with 2,000 or 3,000 acres of land laid to it, adjoining the town on each side.

To declare the general quiet of the kingdom, and that they are hopeful that it would continue so, if they could keep out the Jesuits and seditious priests who misguide the people. Some present course must be put in execution for banishing and restraining them.

To declare that the works of Halebolinge, Duncannon, Castleparke, Limerick, and Gallawaye are almost finished, and that Sir Josias Bodley's accounts for the 5,000l. English, already received, are in hand, and shall be transmitted as soon as possible.

To move the Lords for money to finish the small forts and castles in decay, and to be erected according to their letters of the 12th April 1608;—all which will be done to make them defensible against the incursion of rebels for 5,000l. English, and, when they are once perfected, they are to be kept in repair by the constables of the several places. Some money he has already disbursed, as the places required it, of which he (Ridgeway) must crave allowance.

To move the Lords for a standing allowance over and above that which is now contained in the Establishment, towards the extraordinary payments by Concordatum; otherwise the payments made that way will keep the poor soldier without his money, the sum being of equal importance and sometimes more necessary than that contained in the establishment.

To understand the King's pleasure concerning the customs of the port, of which he has long since written, but having received no answer, the matter stands to his disprofit.

That the green-wax money be let to farm for some years, until the annual profit thereof is known, for albeit the people pay nearly all the green-wax money to the sheriffs and other officers, they are such ill accountants that little or no profit returns to the King, especially out of Munster and Connaught.

That the judges may advise a course to reduce the chauntry lands within that kingdom to the Crown, by the rules of the common law; because they have not (in Ireland) the statute 1 Edw. VI., which gives all the chauntry lands in England to the Crown, of which there is good store here in the hands of private men, who have no title thereto.

That a proclamation be made for the pardoning of all intrusions for a small fine to the King, otherwise the benefit of his intrusion to be disposed by the King at his pleasure.

That the like course may be taken here as in England for defective titles; to wit, that some one may be allowed by the State to discover the defects, and thereupon the owner of the land to be sent for by the Deputy and Council, whereupon, if he will compound, he may pay a reasonable composition, and take a grant from the King. If he refuse to compound, the Lord Deputy, &c. to grant a lease of his lands.

That directions may be given for a certain rate for imposing fines upon grants for strengthening defective titles, and what caution shall be taken for the lessees and such as claim under the defective titles.

To make known the scarcity of corn in this land, and the want of small monies.

Knows how he is pressed to grant monopolies under colour of introducing arts and mysteries, by one for making salt, another for sowing seed to make oil and woad, burning ashes for soap, making glass, saltpetre, cables and ropes, measuring corn and salt, with other such devices, for which they proffer some small rent to the King.

Has been moved, with permission of the King and Council, for the license for drawing wine and selling tobacco, or that a custom may be put upon tobacco, and that they may farm it. In these he desires His Majesty's and his Lordship's directions.

That the Lord Treasurer will be pleased to appoint a skilful and honest man to view all the timber woods in the kingdom, and to give notice of those which, by their nearness to the sea or portable rivers, are fit to be reserved to the King's use; for he finds the King has none of his own worth speaking of in any part of the kingdom but those in Ulster, which he conceives will be spent in the plantation, if it take the effect they wish and expect; but they only lie fit for transportation to Scotland, and therefore if some reservation be not made in time, all the timbers will be suddenly consumed, especially in Munster and other parts near the sea; for the owners have found so good vent for them in pipe boards and other cloven ware, besides planks and other timbers, that no proclamation will restrain them; the case is so general and so few good and powerful subjects to be found near the places where the woods lie to put their directions in execution.

That the men lately sent hence to the service of the King of Sweden be employed in the service of Russia rather than that of Sweden.

To free his (Ridgeway's) accounts from the charge of the galley.

(Signed) Arthur Chichester.

That he acquaint the Lords with the form of their grant of intrusion, and with his warrant for building and repairing decayed churches in the Pale.

To understand the Lord Treasurer's pleasure touching the victualling of the forts.

To declare the charge of sending the men to Sweden, which came but to 30s. a man, all extraordinary disbursements included.

To acquaint the Lords with Mr. Attorney's proclamation for recalling the sons of noblemen, &c. from the seminaries beyond the seas, and for restraining their resort thither.

By the King's letters of the 29th of March last, he (Chichester) is requested to send an estimate of the charge of some works he requires to have done, which he sent with his letters of the 13th July. To learn his further pleasure, and if the works may proceed, to procure money for that purpose.

To declare that the mayors of cities and towns for the most part refuse to take the oath of supremacy; so do the sheriffs, bailiffs, &c. They (Chichester and the Council) desire to understand whether they shall deprive those of their offices who refuse to take the oath, or may permit them to exercise their offices if they take the oath of allegiance alone.

They (Chichester and the Council) desire to be directed in this, for they say that they are prosecuted for their conscience when they proceed against them for their obstinacy.

To declare that it is more useful and necessary for the King's service to have his shipping on this coast in summer than in winter, for most of the strong pirates winter in the straits, because the galleys cannot keep the seas in that season, but fly hither in the summer. In the winter there are only those who rob upon the coasts of England and France, of whom Sir William St. John has lately taken one. It were to good purpose if some of those ships appointed to keep the narrow seas, did once or twice in the winter search the harbours for pirates upon this coast, and if they lost their labour by such a journey, the same often happens to them in the narrow seas.

To procure them direction to pass in fee-farm unto the inhabitants of Athlone, their houses, cottages, mills, backsides, gardens, orchards, and such small quantities of ground as they have now lying to their houses, for such a sum as they can draw thereunto with reservation of rents. In this he (Ridgeway) is to advise with my Lord of Clanricard, and between them to procure a warrant, if he thinks fit.

That the commission of surrenders and defective titles be renewed, by reason the Lord Chief Baron and the Master of the Rolls are omitted in the commission.

Patrick Crosbye tells him (Chichester) that the Lord Treasurer had some speech with him about Ely O'Carroll alias O'Carroll's country, which he (Chichester) has since his time made shire ground and laid to the King's county. It is a pretty piece of land, and Crosby says he can bring it into the King's hands by overthrowing the patent thereof made to Sir William O'Carroll. The pretending heir is an infant, whose wardship was given to Sir Thomas Ashe before his (Chichester's) time. He has stayed the proceedings in this matter until he (Ridgeway) has conferred with the Lord Treasurer therein.

There has ever been strife and contention between the house of Ormond and the Lords of that country touching the bounds and mears, and much blood spilt on either side, and now he is told that Sir Thomas Ashe has sold over the ward to the Lord Viscount Butler, notwithstanding his advice to him not to deal therewith, and to Sir Thomas Ashe not to sell it unto him; for he doubted the sequel as he still does, but still he wishes well to the Viscount who is an honest gentleman. Would not have his power and liberty increased upon that side of the country bordering Tipperary, and part of it claimed to be within the liberty, to which by this course all will be brought in time; and therefore if Crosby can bring the country to the Crown, thinks he deserves a good recompense. For this service he demands one-half of the country in fee-farm at 50l. Eng. The rent now received upon the whole country is 100l. Ir.

Has told him that he will be a means to the King for a competent reward for this service, but if it be at any time recovered, it is to be thought the King will be gracious to the young gentleman, and make divers freeholders of honest and substantial men who would advance his service. For now that the Moores are removed and dispersed and the Connors suppressed, if that country were well planted, there would be hope of reformation in that part where the first fire of the rebellion in Leinster has so often been kindled. He says likewise that my Lord had some speech with him about the Greames, that they might be removed to Ulster. They are now dispersed, and when they are placed together upon any land, the next country will find them ill neighbours, for they are a factious people.—Arthur Chichester.

Pp. 7. Signed. Endd.

595. Extract from the above paper. [Jan. 29 ?] S.P., Ireland, vol. 228, 17 A.

P. 1. Endd. "To be moved to the Lords."

596. Sir Francis Blundell to Mr. Secretary Carleton. [Jan. 29.] S.P., Ireland, vol. 228, 18.

Compliments him on his appointment. Has spoken of him to his uncle, Sir Richard Cook, (also one of the Secretaries).—Dublin, 29 January 1609.

P. 1. Signed. Add. Endd.: "To my honorable friend Mr. Dudley Carleton, Esq., one of his Mats Secretaries, &c., &c., or to Mr. Augustine Browen in the Strande, to be delivered as before directed."

597. Sir Arthur Chichester to Earl of Northampton. [Jan. 29.] Cotton MSS., Tit. B. x. 12., p. 203., B.M.

The Treasurer when last in London was so occupied by public business that he left his own undone, and now, having leisure from public duties in Ireland, has petitioned the King for license to repair to England. Recommends that his suit may be granted.

Thanks his Lordship for representing to the King his (Chichester's) service in extirpating pirates. This and the King's gracious acceptance are "spurres to well-doinge." Few of that trade have been on the coast this winter past. Now when the galleys are abroad is the time of their repair thither; and he learns that emissaries, with authority from the Spanish ambassador in London, are gone into Munster to wait the arrival of the pirates to treat with them about their submission to the King. Has acquainted the Lord Admiral, and suggests that he himself, the presidents, and the vicepresidents, of the provinces, should be authorised to deal with them.

Expresses admiration of the infinite pains his Lordship has taken to discover the deceipts of the minister of the navy, which he has brought to pass beyond expectation.—Castle of Dublin, 29 January 1610.

Pp. 2. Hol. Sealed. Add.

598. Lords of the Council to Sir Arthur Chichester. [Jan. 29.] Philad. P., vol. 3, p. 436.

He may perceive by the petition and schedule thereto annexed [of William Shelton], what wrongs he alleges he has suffered from John Cusack and Sir Henry Warren, the executors of Robert Nugent.

He is not to suffer him [Shelton] to be overborne to the power and alliance of his adversaries, but to appoint such four of His Majesty's counsel and judges as are not interested, nor of alliance to the defendants, to hear and determine the suit.—Whitehall, 29 January 1609.

Signed: R. Cant., T. Ellesmere, Canc., R. Salisbury, T. Suffolke, E. Worcester, W. Knollys, E. Wotton, L. Stanhope.

P. 1. Add. Endd. in Sir Arthur Chichester's hand: "Of the 29th of January 1609. From the Lls. of the Councell in the behalfe of Wylliam Shelton, complayninge against John Cusack, of Dublin, and Sr Henrie Warren. Re. the 9th of Aprill 1610."

599. Mr. Auditor Ware to Sir Arthur Chichester. [Jan. 30.] S.P., Ireland, vol. 228, 19.

Prays that the reversion of his office ("auditor of all the foreign affairs") may be granted to his second son, 12 years old.—30 January 1609.

P. 1. Hol. Sealed. Add. Endd.

600. Captain Bourchier's Petition. [Jan. 30.] Add. Papers, Ireland, P.R.O.

Captain Bourchier (son of Sir George Bourchier, late Master of the Ordnance in Ireland), prays for settlement of his father's accounts (1,369l.), with directions thereon.

Pp. 2. Endd.

601. The King to Sir Arthur Chichester. [Jan. 31.] Docquet Book, Jan. 31.

Warrant for grant of the body and lands of David Barry, infant, grandchild to the Lord Barry, Viscount Buttevant, to be made to Ellen, Countess of Ormond, or to her assigns, to the use of the said infant.

602. Petition of Samuel Molyneux, Clerk of the Works, to the Lord Deputy. [Jan. 31.] S.P., Ireland, vol. 228, 20.

Complains of the infringement of his office by the appointment of Sir Josias Bodley, (notwithstanding his letters patent) to finish the forts of Hayleboyling, Castleparke, and Galway, and the bulwarks of the Castle of Limerick, &c. Prays that he may be appointed to finish the works yet in hand.

(Note by Sir A. Chichester).—The last of January 1609.

If you will undertake the works at the same rate as other men, and bring them to a finish in the same time, I think no man so fit to be employed as yourself, and I pray Mr. Treasurer (Ridgeway) to acquaint the Lord Treasurer that the business may be committed to none other, at any time when the works are taken in hand hereafter.

Pp. 2. Signed by Sir Arthur Chichester. Endd.

603. Howth. [Jan. 31.] S.P. Ireland, vol. 228, 21.

Principal notes and observations out of the Lord of Howth's letter to the King, wherein it is fit he should interpret himself.

He says that some of highest estate here, and their allies, have given impediment to his well-meaning resolutions, reporting that he is a dangerous man, and have withdrawn his friends and kinsmen from him, by whose means he might do the King service.

It is meet that he should express who he means by some of the highest estate here and their allies, what impediment he has received, and prove to whom they have said he is a dangerous man, and what kinsmen and friends they have withdrawn from him.

That others of no less estate have threatened to hunt him out of the kingdom, which, if they might do, they would chase out one more faithful to the King than either of them.

These words seem to note two great persons only: declare who they are, and whom you mean by that one "more faithful to the King than either of them, &c., &c."

Declare whom you mean.

He says that some of their allies have ranked him by speech amongst the unworthy sort of cowards, and craves pardon if he should seek his own right before his letter comes to the King's hand.

He says he is so far from having the benefit of the King's former letters in his behalf to the Deputy, that the same are rather construed disgraceful, than of favour or protection to him.

Explain who has disgraced you, and what disgraces you have received since the receipt of the King's letters.

He says, it stands ill with him when his professed enemies shall be his judges, only for doing His Majesty's service.

Express whom you conceive to be your enemies, and what the services done by you for His Majesty are, for which they are your enemies.

He says that he left his honour in the Deputy's hands, but how he dealt with him he leaves to God.

Express wherein the Deputy has not dealt well with you.

He says that the Deputy would not look at him, and refused his company and service into Ulster, that thereby the world might take more notice of his former disgraces done to him, which he forbore to acquaint the King with at his last being in England.

Make this clear and declare what former disgraces were done unto you by the Deputy.

Lastly, he craves letters, commanding them to cease these courses, or license to quit his unfortunate country and to live in England.

Explain whom you mean by the word them, and what are the courses that trouble you.

Observations out of the Lord of Howth's letters to the Lords.

He says that the Lord Chancellor and Sir Garrett Moore (notwithstanding the charge given to Sir Garrett Moore in England) have wrought the Deputy to accept the O'Carrolans, in spite of the foul murder done upon his man.

Prove that they have wrought the Carolans to be protected, prove likewise the manner of the murder, and that the man slain was your man.

He says he could not follow the law against them till he procured the Lord Treasurer's to that effect.

Show by whom, and in what sort you were molested in your legal course against the malefactors.

He says that when he brought them so that they could not escape their deserts, the Deputy protected them, and now they are both horse and foot.

Show how you brought them, so they could not escape; what number of horse and foot they are, or if they be in any companies.

He says, he dare not go otherwise provided than in the last war, and this is the life he leads since his coming over out of England.

Declare of whom you stand in fear, if you are forced to go so provided.

"My Lord of Howthe, the last abstract of the points of your letters to His Majesty and the Lords, which I delivered you, being done in haste, and not so perfect as it might have been, I have drawn this abstract, which the Deputy and Council desire you to explain with all speed.—This last of January.

Signed: M. Uscher."

Pp. Endd.

604. Bond for repairing the Church of Rathgartie in Westmeath. [Jan. 31.] S.P., Ireland, vol. 228, 22.

Copy of a bond between Garrett Fitz Symons, of Kintimke, Garret Deasse, Ballycowmoyle, and Edward Nugent, of Millcastle, in the county of Westmeath, and the King, for building and repairing the body, belfry or steeple, of the parish church of Rathgartie, in the county of Westmeath and diocese of Meath; and for glazing the windows and covering the roof thereof with slates, &c.—Sealed and delivered to Edward Hatton, vicar of Castleton. Delvent [Delvin].

P. 1. Copy. Endd.

605. The King to the Lord Deputy. [Jan.] Add. Papers, Ireland, P.R.O.

Appoints George Montgomery, Bishop of Derry, to the Bishopric of Meath, vacant by the death of Roger Dod.

Pp. 3. Copy. Endd. by Salisbury: "Dod made a lease to his wife."

606. John Baxter to the Earl of Salisbury. [Jan.] Add. Papers, Ireland, P.R.O.

Had been a petitioner to the King for compensation for 25 years long sorvice in Ireland. A fee-farm of 20 marks per annum of lands in Connaught excluded in the last rebellion has been granted him: requests that his grant may pass the privy seal.

P. 1. Signed. Add. Endd.: "Jan. 1609. John Baxter to my Lord."

Footnotes

  • 1. The volume commences with No. 2.
  • 2. In margin, in Salisbury's hand.
  • 3. John Wakeman was a trustee for the Earl of Devonshire.
  • 4. Blank in original.