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James I: February 1610

Pages 376-396

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

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James I: February 1610

607. Order in the Suit of the Countess of Kildare and Sir Robert Digby. [Feb. 1.] S.P., Ireland, vol. 228, 23.

Copy of an order taken between the Lady Mabel, Countess dowager of Kildare, and Sir Ro. Digby, Knt., as to arrears of rent of the manors of Woodstock and Athy, claimed by Sir Robt. Digby. The Lady Mabel to receive 80l. per annum until some further order be given in that behalf from the board.

Signed: Arthur Chichester, Tho. Dublin, Canc., Geo. Derriensis, Tho. Ridgway, R. Wingfield, H. Winche, Nic. Walshe, Jo. Denham, Fra. Aungier, Ol. St. John, H. Power, R. Cooke, Garrett Moore, Ad. Loftus, Jo. King.

P. 1. Copy, large Paper. Endd.

608. Case of Countess of Kildare and Sir Robert Digby. [Feb.] S.P., Ireland, vol. 228, 23 A.

Copy of the case between the Countess of Kildare and Sir Robert Digbie in the Court of King's Bench in Ireland, sent into England.

P. 1. Endd: "For Mr. Treasurer."

609. Answer of the Lord of Howth to the notes out of his letters to the King, required to be by him explained for the Lord Deputy. [Feb. 3.] S.P., Ireland, vol. 228, 24.

"To the first article, I explain it as I meant when I wrote to the King. The one to be the Lord Chancellor, whose greatness my friends fear to offend, by "anearing" to me (not contented with having sown discord between the Lord of Killeen and myself in a matter between the Lord of Delvin and Mr. Plunkett, the said Lord's son), but has of late signified his dislike with the said Mr. Plunket (to his father) for having kept company with me. How the Lord Chancellor has used my counsel at law, I leave to the world.

The second is Sir Gerrald Moore, who after coming out of England, taxed me with promising upon my honour to the Lords of the Council, that I would not nominate to be pardoned any person but such as were in the conspiracy with the Earl of Tyrone; contrary to which, Sir Garrett affirmed I named certain persons, and put them into my pardon, which imported that the said persons were in the conspiracy; and if they were, then Sir Garret insinuated to them that I was dangerous; and so all of them conceived it, by whose means I intended to have done good service upon the borders where they live; but perceiving they were jealously conceited by Sir Garrett's suggestions, I forbore to acquaint them therewith, lest my purpose should not take effect, as without this "buze" I expected, which was an impediment. If this exposition dees not give satisfaction, I am ready to prove it more at large when occasion requires. I appeal to this honourable table whether Sir Garrett Moore endeavours the protection of notorious malefactors, upon whom I bent my industry to do such service, so that the quiet of all that part of the country would ensue.

As for the friends mentioned in the note, estranged from me, I means divers fit persons for espials and executioners to effect that service, who answered me, upon conference with them, that they feared the greatness of Sir Garrett dwelling in that part of the country, being also apt to revenge, and chiefly that he was in great favour with the Deputy and Lord Chancellor, and so deemed it dangerous for them in time to come; by reason whereof I would not draw them to accomplish my desires.

2. I answer that Sir Garrett, after His Majesty's favourable dispatch to return into Ireland to settle an opinion of his credit and reputation with his friends and allies, said "that seeing the Lord of Howth ended with me, he would begin with the Lord of Howth," meaning me; which I conceive to be a prosecution of me, which might be termed "a hunting me out of the kingdom," who, if they might, they would chase out (I mean Sir Garret and his friends); one more faithful than myself I affirm they would not "store" in my place, which I will prove with my life, lands, honour, &c., where and when it pleases the King to command, against Sir Garrett or any of his allies who say the contrary.

3. I mean Sir Roger Johnes, son of the Lord Chancellor, and Edward Moore, son and heir to the said Sir Garret, whose speeches and carriage being manifest, I have inserted in my letters, and will prove if further occasion require.

4. That where the King recommended my employment upon all occasions, the Lord Deputy making a journey into the North for his service, accompanied by the army, I offered my attendance to him, who answered me, "That he might spare me for that time," having notwithstanding, carried other with him no more service than myself, whereof the world took notice, as of a matter done to my disgrace.

5. I answer, that it stands ill with me, when upon all occasions wherein I am driven to complain to the Council, the Lord Chancellor and Sir Garret Moore must, as councillors, be my judges. The Lord Chancellor, being my good friend before, and now become my capital enemy;—only for charging Sir Garret Moore to the King, with matter; wherein I hold him deeply guilty.

6. I answer, that I imparted to the Deputy some things concerning the state of that cause of Sir Garret Moore, who promised to keep the same secret; yet he discovered the same to the Lord Chancellor, whereby the said Sir Garret had better means to deliberate how to shade his offences with some colourable "shoves" of excuse; and likewise Shane Granoe O'Harrolan, indicted and arraigned of treason, having made an escape, covered with a slight "shove" or means, I proffered his prosecution, which his Lordship refused.

7. That the Lord Deputy, having made me challenge upon the instigation of the Lord Chancellor and Sir Garret Moore, that my last going into England was to have charged his Lordship with treason (notwithstanding all the protestations I could use to purge myself from ever having such intention), yet his Lordship grew into such choler that he spared not to use me with reproachful speeches (as traitor, &c., and the like), which I forbore to signify to the King at my being in England.

Signed: Howthe.

Pp. 5. Endd. by Sir Arthur Chichester: "2. The Lord of Howthe answer to several notes and observations collected and drawn out of his letters to the King's Majesty, &c., which his Lordship delivered unto me the 14th Februarie 1609."

610. Lords of the Council to Sir Arthur Chichester. [Feb. 4.] Philad. P., vol. 3, p. 438.

The noble and worthy work of the plantation in Ulster undertaken by the City is now concluded, and the articles signed. The City have chosen a particular governor and a council of assistants, for the more orderly disposition of their affairs. They have also elected a sufficient person, John Rowley, well known to his Lordship (Sir Arthur), to be their resident agent, and other inferior ministers to be dispatched thither immediately; their agent to follow shortly. They are recommended to his care, but more especially the work itself. There is nothing the King has more at heart. They have observed his (Sir Arthur's) alacrity, as the principal person to make way for this good work by the sword, and his subsequent endeavours, which have made matters more apt for the impressions now intended towards it. He is to assist and countenance them in all their reasonable addresses, and particularly to send his directions to the commanders, sheriffs, and other officers in Tyrone, Coleraine, Donegal, and Antrim, to furnish a competent number of country people to be employed for felling of timber, digging of stone, burning of lime, and such like work. Also to take order for the taking up of victuals at the usual rate, for the use of the workmen, for all which the agent hath order to make due satisfaction in money.— Whitehall, 4 February 1609.

Signed: R. Cant., T. Ellesmere, R. Salisbury, H. Northampton, Lenox, Notingham, T. Suffolke, E. Zouche, W. Knollys, J. Herbert, L. Stanhope, E. Worcester, Julius Cæsar.

P. 1. Add. Endd. by Sir Arthur Chichester: "Of the 4th of Februarie 1609. From the Lls. of the Counsell, declaringe the agreement with the Londoners for erecting the buildings and plantation of Derrie and Colrayne, by wch I am required to give them and their agents all needfull and necessarie helps and assistance, &c. Re. the 21st of [ ] 1610."

611. Captain Tobin to Salisbury. [Feb. 5.] S.P., Ireland, vol. 228, 25.

His Lordship's disposition in taking notice of the deserts of well merited sevitors emboldens him to relate some of his own travels and service.

Having, amongst others (with the allowance of her late Majesty) performed many services for the French King against the Spaniards, His Majesty gave him a pension of 4s. 6d. per diem, and Sir Arthur Savage, then General of Her Highness's forces there, promised him in her name 5s. per diem on 100 men in her pay during his life.

Then Sir Henry Power, Sir Frances Russh, and Sir Lawrence Esmond (being required to withdraw themselves hence and come to the service in Ireland) finding his removal to the Irish wars might be more available, persuaded Sir Thomas Edmonds, then leader in France, to solicit the French King to license his return, but could not procure his leave to depart. The said three knights arriving in Ireland, made known to the Earl of Ormond (then Lieutenant of Her Highness's forces) what services they had seen him do in France; whereon the Earl wrote several letters entreating him to come to Ireland, and promising (in Her Majesty's name) to make means better than the pension he had in France; presuming thereon he forsook his pension, and after much trouble obtained the King's leave to come from him.

Consequently, arriving in Ireland, his Lordship made him one of the four corporals of the field, where he did such service as procured for him a recommendation to him (Salisbury). He was also taken prisoner when the Earl was treacherously taken by the rebel Ohny O'Mory, and received, further, many wounds, whose marks he now bears about him. The letters patent for his pension in France, and other letters and warrants, that notified his employment and merits, were burned at the siege of Cahir Castle.

Lastly, Sir Lawrence Edmond (being sent hither out of France), acquainted him (the Earl), as he told him, with his services, having advertised him from France that peace was to be concluded between the Spaniards and the French King, which fell out to be true.

Has given a full account of his services to the State to Sir James Ley, Knight, who has promised to lay them before his Lordship. And now, having forsaken his pension and a King who favoured him much, and having spent the little patrimony left him, and receiving nothing but the promises of two Generals, he beseeches his Lordship to further his suit with the King for a competent pension, or his grant of a certain rent-charge of 22l. 10s. per annum, issuing out of a parcel of land called Ballinacky in Ireland.—5 February 1609.

Signed: James Tobin.

P. 1. Sealed. Add. Endd.

612. Examinations taken on behalf of the Lord of Howth before the Lord Deputy and Council. [Feb. 8.] S.P., Ireland, vol. 228, 26.

1. Question.—Did you hear, or did Sir Gerrot Moore send you message, that the Lord of Howth had done you and other gentlemen great wrong by putting you and them into his pardon, contrary to his promise to the Lords of the Council of England ?

Answer.—Genico, Lord Viscount Gormanston, saith, on his oath, that Christofer Darcy told him that he heard Sir Garret say, that the Lord of Howth had done the examinate and others much harm in putting them into his pardon, and that the Lord of Howth took it upon his honour to the Lords of the Council that we (sic) [he?] would put no one in his pardon, but such as were guilty of the conspiracy with the said Lord of Howth, which Christofer Darcy sent likewise in a message to this examinate, or words to like effect.

2. Question. —Is Patrick Carrolan, who escaped out of Trimme, protected, and did you make means for the said protection ?

Answer.—That at the request of Shane Grane he was a suitor to the Lord Deputy to have Patrick Carrolan pardoned, but the Deputy denied his request, and he knows not whether the said Patrick Carrolan is protected now.

3. Question.—Did you see Shane Grane O'Carrolan the day the Lord Deputy came from Gormanston to Dublin or no; what coloured horse had he, and did you ever know or see the horse before that day ?

Answer.—That he saw Shane Grane the aforesaid day, and that he rode upon a little bay or sorrel nag, and had a whitish grey horse led by him, which he thinks to be the horse which Sir Garret Moore gave Shane Grane, and that Patrick O'Carrolan told him it was the same.

4. Question.—Did you see Shane Grane O'Carrolan the day the Deputy came from Gormanston to Dublin, what coloured horse had he, and did you ever know or see that horse before that day ?

Answer.—Robert Preston, brother to the said Lord Viscount, answers upon his oath, that he saw Shane Grane the day aforesaid, and that he rode upon a bay nag, having a led horse with him, and he thinks it was the same horse he saw with him two years before, and was a running horse.

1. Question.—Did you ever make the Lord of Howth a challenge for speaking of the Lord Chancellor in a matter concerning Luke Plunkett and the Lord of Delvin ? And did you ever in that challenge tell the Lord of Howth that the Lord Chancellor had acquitted himself to the Lord of Killeen, in which he affirmed that it was a report of the Lord of Howth's, and that the said Lord should tell the Chancellor that it was the Earl of Clanrickard told him, and not the Earl of Salisbury ?

Answer.—Bartholomewe Dillon, of Riverston, upon his oath answers affirmatively, saying that those speeches passed between the Lord of Howth and himself in June or July 1608.

2. Question.—Did you write or send to the Lord of Howth into England, that the Lord Chancellor was directed by the Lord Deputy to bring you to him to yield an account of matters of importance ?

Answer.—He says that the Lord Chancellor meeting him in the Chancery, willed him to come home to his house, where he told him he must be examined before the Lord Deputy on some matters concerning Sir Garret Moore and the Lord Delvin, to which he answered, that when he came before the Deputy he would speak the truth, and after coming into the drawing chamber the Lord Deputy asked him if he heard Lord Delvin say that he would break Sir Garret Moore's neck; to which examinate answered, that both he and Walter Bane Nugent heard the Lord of Delvin use those speeches in private, and thus much he told the Deputy at that time, being the 3rd February 1608.

Question.—Did you ever hear, or did the Lord Chancellor tell at any time, that the Lord of Howth would be the overthrow of many gentlemen of this country ?

Answer.—Edmunde Archebald, farmer, upon his oath, said that he heard the Chancellor say that the Lord of Howth went about to overthrow many of this country, saying withal, "God amend him."

Question.—Did the Lord of Howth tell you that the same was the horse Sir Garret gave to Shane Grane; what colour was he ?

Answer.—Patrick Barnewall, of Krickston, upon his oath, said, that being in company with the Lord of Howth as they rode by the way, and seeing a horse led by Shane Grane, which was white or whitish grey with a mane, the Lord of Howth then told him that Sir Garret Moore gave that horse to Shane Grane, but whether it was a horse or a gelding he knows not.

Question.—Is Patrick Carrolan, who escaped, protected, and whether the Lord Gormanston made means for the same protection ?

Answer.—Patrick Barnewall, of Killeen, upon his oath, says, that he saw a protection given to Shane Grane O'Carrolan, a copy whereof he has and will bring to the Lord Deputy.

10th February 1609.

Question.—Did you hear that the Lord Chancellor had written to the Lord of Killeen, or sent to him, signifying that he was not well pleased that his son kept company with the Lord of Howth ? Who told you so ? How did he tell you, and when ?

Answer.—Christopher Barnewall, of Pelletston, says, on his oath, that meeting with Oliver Plunkett, son of Thomas Plunkett, Cloanston, he told him, in the presence of his father, that he heard the Lord Chancellor had written a letter to the Lord of Killeen, upon receipt whereof the Lord of Killeen reproved his son Luke for keeping company with the Lord of Howth; whereunto Luke answered, that if the Lord of Howth was pulled down, he (meaning his father) would be the next And this examinate, being shortly before at Howth, the said Oliver Plunkett asked him what news; he answered none, but that he heard there was a subpœna served upon the Lord of Howth to answer some matter in the Star Chamber touching the Lord Chancellor; to which Plunkett replied, "That will go hard, and it were pity but it should go well, for my Lord of Howth hath an excellent spirit, and pity that the country hath not many such." These speeches this examinate told to the Lord of Howth within this fortnight or three weeks.

February 10.—Examinations of Oliver Plunket and of Luke Plunket, son of the Lord Killeen. Oliver Plunket, son to Thomas Plunket of Clowanston, deposes that the Chancellor, never to his knowledge, had written about Lord Howth, as alleged.

Pp. 3. Endd.

613. Sir John Denham to Salisbury. [Feb. 12.] S.P., Ireland, vol. 228, 27.

Relates the course he has pursued on taking his seat in the Exchequer for reformation and reducing it to the order of the Exchequer in England.—Dublin, 12 February 1609.

P. 1. Signed. Add. Endd.: "Sir John Denham, Lord Chief Baron of Ireland, to my Lord."

614. Sir Robert Newcomen to Sir Arthur Chichester. [Feb. 12.] S.P., Ireland, vol. 228, 28.

Has perused the articles of agreement made by the Lords with Marmaduke Darrel, Esq., for victualling the King's ships in harbour and at sea. As there are no store-houses here, nor offices for brewing or baking, neither are there any offices to be hired in the places whence the ships are to be furnished. He finds the service more difficult and chargeable in this kingdom than at Tower Hill or Rochester. But, if the King continues next summer two or three ships on the coast of Munster, containing three or four hundred men, will take upon himself from May next to victual them for six months at the price of 7½d. sterling a man per diem, he having two parts of the money paid him beforehand, and the third part paid him here.—12 February 1609.

Signed: Rob. Newcomen.

Note in Lord Deputy's hand: "This is a contract made for victualling the King's ships, and I pray you Sir Robert Newcomen to consider thereof, and certify whether you will undertake to victual two or three ships at the same rate, if the King have cause to send them hither. It is thought you may do it cheaper.—Arthur Chichester." Encloses,

615. Victualling of Ships. S.P., Ireland, vol. 228, 28A.

Copy of the agreement made between the Right Honourable Thomas Lord Buckhurst, Lord Treasurer of England, Charles Earl of Nottingham, Lord High Admiral of England, and Sir John Fortescue, Knight, Chancellor and Under Secretary of the Court of the Exchequer, on the one part, and Marmaduke Darrell on the other, for victualling ships, &c. at the rate ofd. a man per diem.

Pp. 3. Large paper.

616. Sir Arthur Chichester to the Attorney General. [Feb. 12.] Carte Papers, vol. 61, p. 317.

Warrant to make out a fiant of grant of the office of Chief Remembrancer of the Exchequer, to Dudley Norton, on the avoidance of now patentee, according to the King's letter of June 19.—Dublin Castle, 12 February 1609–10.

P. 1. Orig. Endd.: "Mr Dudley Norton his rever&ctilde;on of the Office of Remembrancer."

617. Edward Soutoum to Sir Parr Lane. [Feb. 15.] S.P., Ireland, vol. 228, 29.

In the absence of the Vice-President, informs him that, being in Dunkerke in the Low Countries, about the 29th of September last, he found there 14 sail of good ships of war, some of them 120 and some 180 tons burthen, well provided and victualled, bound to the Groyne [Corunna] to meet 28 more ships there, as one Captain Governor and Captain Clayson informed him, to transport the King of Morocco into Barberry the following spring. But upon private conference with the said captains and other gentlemen found that this fleet carried the name of the Pope's Holiness, and that its private intent was to transport the Earl of Tyrone into Ireland about March next, &c.—Corke, 15 February 1609.

P. 1. Signed. Add.: "To the Right Worshipful Sir Parr Lane, Kt. of the Council for the province of Mounster, these" Endd.

618. The King to Sir Arthur Chichester. [Feb. 16.] Philad. P., vol. 1, p. 374.

Encloses the petition of Moriertagh M'Brien Arra, Bishop of Killalo, which he grants as well in respect of his birth, as for the good example to others of his rank, to persist in their loyal service to him. He (Sir Arthur) is therefore to make a grant to Thomas Comerford of Callan, of the wardship of Turlough O'Brien, his son, to the use of the said Turlough, and for his benefit, if by the petitioner's death he fall to be the King's ward.—Westminster, 16 February, in the 7th year of the King's reign.

P. ½. Signed at head. Add. Enrol. Endd. by Sir Arthur Chichester: "Of the 16th of Februarie 1609. From the Kinge's Matie, to pass the wardship of the Byshop of of Killalowe's son to Thomas Comerforde, &c. Re. the 12th of June 1610."

619. Patrick Crosbie to Lord Salisbury. [Feb. 16.] S.P., Ireland, vol. 228, 30.

The Knight of the Valley has secretly repaired thither without license or letters from the Deputy, and is a suitor for the Castle of the Glin, which is granted to him (Crosby), and which my Lord Carew (being Lord President of Munster) was forced to win with the army. The castle was exempted from the Knight when he was pardoned, and he himself bound in 1,000l. before Sir Edmond Pelham (then Chief Baron here), never to challenge it or enter into it, as Sir Francis Barkely, who is now here, can testify. He delivered his son as a pledge for his loyalty, and Lord Carew sent for him upon protection and willed him to submit himself or else his son should be executed. But his Lordship knows what a barbarous answer he made, and refused to submit himself or deliver the castle. His father and grandfather were attainted by Act of Parliament, and his son is now in Spain with Tyrone. Whether it is fit that the castle be restored to one who kept it against the King, he leaves to his Lordship's consideration, and the opinions of all martial men, except Sir Charles Wilmot, who received 200l. of the Knight for his pardon, and is an open adversary of his (Crosby).—16 February 1609.

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

620. Answer of Sir Arthur Chichester to the Charges made against him by the Lord of Howth. [Feb. 17.] S.P., Ireland, vol. 228, 31.

One of Lord Howth's charges against him (Sir Arthur) is as follows:—

"I say the Lord Deputy will not deny that the Carrolans were protected by him, by which means they were freed from answering the law until I procured the Lord Treasurer's letters, upon which the protection was removed, and Sir Garrett Moore forced to bring them in, who contrary to justice had bailed them, they being indicted of wilful murder. And further I say that on one of the malefactors being sent to the shire gaol, made his escape and is now upon protection."

He charges him also with disrespect and ill-usage towards him, and that his friends feared to offend Sir Garrett Moore on account of his greatness with him.

To this he (Chichester) says that Sir Garrett Moore's greatness with him never harmed any man, neither is he greater with him than any other noblemen and gentlemen of the kingdom. But perhaps his Lordship would have him estrange himself from all those he loves not.

He charges him with not taking him to the North. Acknowledges that the Lord of Howth told him that he would go with him on his journey to the North, which he accepted, and gave him notice by letters of his departure, of which he denies the receipt; but whether he received them or not does not matter, for he (Chichester) sent out patents to the captains of the horse and foot to march to Dundalke, of which his Lordship was one; besides he consigned him a quantity of garrans to carry his necessaries, and sent message by his lieutenant to tell him he should be at Dundalke on such and such a day. He stayed at Melephant [Mellifont] seven or eight days after he sent him the message, during which time he came not to him, nor did he hear from him.

He charges him with having discovered to the Chancellor some things which he (Howth) had imparted to him concerning Sir Garrett Moore. Remembers nothing that he told him of Sir Garrett Moore that he revealed to any one, except that he could charge him with treason, to which he (Chichester) made him subscribe, and that he told soon after to the Council, the Lord Chancellor being present; but when he (Chichester) told him it was a foul accusation if he could not prove it, he said he would make it good out of Sir Garrett's own mouth, and that there was a gentleman who had overheard him and would justify what he had said. He would not reveal the party to him (Chichester), but soon after he told the same tale to one Laurence Moore, a merchant of Tredagh, and named him as Christofer Eustace, by which Sir Garrett knew the man before he did, and was the first that told him his name; he sent for the said Eustace to examine him, but the Lord of Howth met his messenger and took his letters from him, and sent Eustace to England. By which it is apparent that his secrets came to be discovered by his own tongue, and not by his (Chichester's) imparting them to the Lord Chancellor or others.

To the charge about the Carrolans, he does not deny that he (Howth) demanded a warrant from him to prosecute Shane Grane Carrolan with his company, but he well knew that his end was to cesse his company upon the country rather than to catch the offender, for he (Chichester) knows as well as the Lord of Howth what it is to catch a kern with a company; yet to declare his well-wishing to his prosecution he allowed him 20 or 30 of his company to attend him upon the borders, until he found cause to recall them upon sundry complaints made to him by the country.

To another of his charges, of his having used reproachful language to him, and with having called him traitor, he says that the Lord Chancellor told him that he heard that the Lord of Howth had reported that if he were not Deputy he would charge him (the Chancellor) as deeply as he had Sir Garrett Moore, and when he (Chichester) was out of office, he would call him into question; "for," said he, "I acquainted him with Delvin's purpose to escape out of the Castle, and he permitted him to break prison;" at which he (Chichester) was much grieved, and at their next meeting charged him with those reports, when he protested that he had not said that he ever told of Delvin's purpose to break prison, to any but the King and the Lord Treasurer, "and therefore," said he, "if it is spoken of, it comes out by one of you."

To this he (Chichester) replied, "he is a babbler and cannot keep his own counsel;" and said further that it ill became him to tell such tales, when he knew well the care he had taken to prevent his escape, and the charge he gave the constable; and that he took custody of him at the peril of his life; all which he had confessed before this time before the Council Besides which, he (Chichester) never took it upon him to be his keeper, and therefore was not to be taxed by him in this manner with his escape; but the fault is rather to be laid on him, who advised him to attempt his escape and taught him how to do it, which the Lord of Delvin has said to his (Howth's) face many times; and therefore it was that he said he gave his tongue too great a liberty, and asked him (Howth) to procure his pardon, and then came and charged him as a subject and not as a traitor, and then he would make him ashamed of his folly.—Written 17 February 1609.

(Signed) Arthur Chichester.

To his charge against him of protecting the Carrolans, he answers that he has given protection several times to 10 or 12 of them upon good consideration; seeing that the King has trusted him with greater matters than protecting a kern for killing a thief, the party slain being a well-known one, although his Lordship shames not to entitle him his man, but to wipe off his aspersion as quickly as he may. He directed Sir Garrett to protect such of them as were fled into the woods upon the killing of the kern, if they would enter into bonds to appear at the next assizes held in the county where the offence was committed, which they performed accordingly. But for Shane Grane Carrolan, their chief, and the only man whom the Lord of Howth desires to prosecute, he (Chichester) took Sir Garrett's word, who brought him to him when he desired him. He sent him to Sir James Ley, then Chief Justice of the King's Bench, who finding nothing laid to his charge, released him upon bonds; and when Sir Cayre [Cahir] O'Doughertie was in the rebellion he was a horseman in Sir Garrett's troop and did good service, and then he protected the rest of those charged with the killing, a second time, to keep them from joining the rebels; but why the Lord of Howth is so against him he knows not, for he is sure that Shane Grane Carrolan lay ill in his house when the kern that hurt him was killed by his men a quarter of a mile off.

The audacity of the Lord of Howth in daring to incense the King against his faithful servants is beyond comparison.— 17 February 1609.

(Signed) Arthur Chichester.

Pp. 9. Hol. Endd.

621. Answer of the Archbishop of Dublin. (fn. 1) [Feb.] S.P., Ireland, vol. 228, 31 A.

The answer of the Archbishop of Dublin, Chancellor, to the Lord of Howth's objections contained in his letter to the King, dated August last past, according to his own explanations of the same, presented to the Lord Deputy and Council, the 14th of February.

Pp. 5. Hol. Signed: Tho. Dublin, Canc. Endd.

622. Answers of Sir Garrett Moore, Knight. (fn. 1) [Feb.] S.P., Ireland, vol. 228, 32.

The answers of Sir Garrett Moore, Knight, to the objections of the Lord of Howth's articles in his letters written to the King, as by himself explained.

Pp. 2. Signed. Endd.

623. Answer of Sir Garrett Moore to the Lords of the Council. (fn. 1) [Feb.] S.P., Ireland, vol. 228, 32 A.

The answer of Sir Garrett Moore to the note and objections of the Lord of Howth in his letters to the Lords of the Council, explained by himself.

Pp. 2. Signed. Endd.

624. Sir Garrett Moore to Salisbury. [Feb. 17.] S.P., Ireland, vol. 228, 33.

Has restrained himself, according to the King's command (since his coming from England) from saying or doing anything to bring up new matter of offence to the Lord of Howth; but he (Howth) has not spared to inform him (Salisbury) and the Council, that since his coming over he has given horses to some of the Carrolans, in order to take his life, especially to Shane Grane O'Carrolan, his man. Confesses that Shane, during the last wars, depended on him, being a spirited fellow dwelling on the borders of Meath, when he performed good service to the Crown.—Dublin, 17 February 1609.

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

625. Sir Arthur Chichester to the Lords of the Privy Council. [Feb. 17.] S.P., Ireland, vol. 228, 34.

Has not yet received the King's letter dated 24 July last, with direction, as is said, that he should pass the castle of Glynne, in the county of Limerick, to Patrick Crosbie and his heirs, upon his information that the castle, having been taken by force in the last rebellion from Edmund FitzGerald, commonly called the Knight of the Valley, has ever since been restrained from him as a tie to keep him from revolt, and that the custody thereof granted to Crosbie might be chargeable to the King. Crosbie says he left the King's letter behind him at Bristol, but expects it shortly. Crosbie still assures him that the castle of Carrigefoyle was exempted from one John O'Connor, and the castle of the Glin from Edmund FitzGerald, when they were both taken in and pardoned at the end of the last rebellion. He further says that a recognizance of 1,000l. was taken before Sir Edmund Pelham, Chief Baron, that neither of them should ever enter into these castles or challenge them. That Sir Francis Barkley, who was about that time put into the castle of Carrigefoyle, was present with divers others at the taking of the said recognizances. Lastly, he avouched that the castle of Glyn was posseseed by one Anthony Arthur, a poor man of Limerick, who sold wines therein, it being claimed by no one else. Crosbie related all this to him; whereupon he assigned the custody of it to him. Now perceives that Mr. FitzGerald is there urging his right and title thereto, and has procured their letters to him to stay Crosbie's grant until their further pleasure be known, but with this reservation, that Crosbie should have the benefit of the King's letters in that behalf, if he should produce an attainder to entitle the King to the castle. As Mr. FitzGerald is now urging his suit, has thought fit to advertise what he has heard of him, and how untit it would be to grant the castle to him. It is a fair building, standing upon the river Shannon, and of such strength and importance that he adventured to defend it many days against the late Queen's forces and cannon. His father and grandfather were attainted by Act of Parliament; he himself was always obstinate and ill-affected, especially in defending the castle. They say he exposed his own son (being then in pledge for him) to the danger of execution rather than yield it up, and was the last man in the province to submit himself. His eldest son and heir has been a long time beyond seas, where he still abides, to the terror of some of the better sort even of his own kindred, whose minds and liberties are therewith in doubt upon any fit occasion of ill.

My Lord Clapham [Clephane ?], the Lord President of Munster, and Sir Francis Barkley are now there, and know more concerning the demeanour of that gentleman than he does.—Dublin Castle, 17 February 1609.

Pp. 3. Signed. Sealed. Add. Endd.

626. Sir Humphrey Winch to Salisbury. [Feb. 18.] S.P., Ireland, vol. 228, 35.

Has sent a copy of the declaration drawn out concerning the King's titles to the escheated lands in Ulster. Has set down some exceptions to Wakeman's patent of the fishing of the Ban, which was not set down at first, but has since been added. Mr. Attorney brings the true copy of Wakeman's grant, and the letter which should warrant the patent. Has inserted the names of all the natives who were summoned to appear in those counties last summer at the end of the book, in order to show the number of those of any account in those shires. Certifies that the county of Monahan is likely to be the worst settled county in the North, if the freeholders be not freed from the distresses and dependency of the M'Mahownes, who are the Lords of that shire.

At the assizes last summer, Sir Patrick Art M'Moyle, M'Mahowne, and Ever M'Cowley's eldest son, were accused before him (Winch) of relieving and receiving some of their fosterers and followers who were in rebellion with O'Doghertye, but he found none in the country fit to be trusted with their trial. Hopes some good course may be taken to settle some men in that country who are free from the distresses of the M'Mahownes.

Has been certified by Mr. Baron Hassett that his Lordship did not expect him to have applied for leave to return into England next spring.—Dublin, 18 February 1609.

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

627. Sir Arthur Chichester and Council to the Lords of the Privy Council. [Feb. 19.] S.P., Ireland, vol. 228, 36.

The Bishop of Derry being now returning thither to give the King and their Lordships an account of what has been done concerning the church lands in Ulster, they thought fit to let their Lordships know by him that, as a commissioner, he has left nothing undone to forward the business committed to his care. They have concurred with him so far as they might in justice, yet finding him not thoroughly satisfied, they here certify what they have done in concordance with His Majesty's directions.

All the demesne and mensal lands belonging to their several sees, and all the rents and duties reserved, found in any of the offices for the bishops of that province, they caused to be restored to them. But the Erenagh and Termon lands being found rather to belong to the King than the bishops, by such juries as best knew to whom the right appertained, they did not deem it their duty to let the bishops have those lands (considering the large quantities of them in the several counties to be planted and how they lie dispersed, which would hinder the plantation, and the settlement of particular parish churches,) until the King and their Lordships shall consider the matter. The Lord Bishop of Derry and the Treasurer will deliver what may be said on either side touching the whole business.—Dublin Castle, 19 February 1609.

P.S.—The Bishop of Derry reminds them at the signing of this letter, that some of the juries in the finding of these Termon lands, professed to give no credit to the bishops' register books, but to do as they were led by their own knowledge, notes, observation, and tradition, and that they (the Deputy and Council) promised to certify as much to them (the Lords).

Signed: Arthur Chichester, Tho. Dublin, Canc. Thomond, Humfrey Winche, Ol. St. John, Ry. Cooke, J. Kinge.

P. 1. Add. Endd.

628. Sir Arthur Chichester to Salisbury. [Feb. 19.] S.P., Ireland, vol. 228, 37.

Recommends to his Lordship Sir John Davys, who is about to travel to England with the Treasurer. The Bishop of Derry has preferred a petition in the Lord Primate's name and his own, for an addition or alteration of what was hitherto done in the matter of survey of ecclesiastical lands, and in the point of Termon and Erenagh lands. He (Chichester) writes this because he might complain that he was not heard by them (the Council) and righted in what he propounded; but the Treasurer can assure him that the petition was not presented until yesternight. — Dublin Castle, 19 February 1609.

Pp. 2. Hol. Sealed. Add. Endd.

629. Sir Arthur Chichester to the Attorney General. [Feb. 20.] Carte Papers, vol. 61, p. 318.

Warrant to make out a fiant of grant of incorporation of the town of Cavan by the name of sovereign, portrieves, burgesses, and freemen of Cavan.—Dublin Castle, 20 February 1609–10.

P. 1. Orig. Endd.: "Cavan charter."

630. Sir Arthur Chichester to Salisbury. [Feb. 20.] S.P., Ireland, vol. 228, 38.

The Bishop of Ossory being dead, the Deputy recommends the bearer, Mr. Barlowe, who has been his chaplain for two years, for the preferment. Has also written to the Archbishop of Canterbury for him, and "hopes to see him return a cheerful man."—Dublin, 20 February 1609.

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

631. Sir Arthur Chichester to Salisbury. [Feb. 20.] S.P., Ireland, vol. 228, 39.

Fears they have long deceived his expectation in sending Mr. Treasurer hence with the return of their labours in the new survey of the escheated lands, but when he shall have seen and perused what is done, hopes he will excuse them, for they have so prepared the work, that his labours will be greatly eased.

Has sent some remembrances of his own to guide him in the distribution of those lands, and for the more effectual settlement of the plantation; besides which the Treasurer has seen most part of the escheated lands in each county, and will give him good satisfaction touching this work of plantation. Hopes that his long stay there may not hinder the beginning of the plantation this summer.

It is said, that he (Salisbury) intends to be an undertaker in the plantation, which made him (Sir Arthur) presume to name him in his notes delivered to Mr. Treasurer, where he advises the work to be undertaken by baronies, and to his (Salisbury's) noble designs his best furtherance shall not be wanting.

Has refused licence to many to repair to England, because of the trouble their importunity would cause the King and Salisbury, but has taken it upon himself to recommend their suits, in a paper by itself given to Mr. Treasurer.

Recommends Sir Josias Bodley and Mr. Personnes (Parsons), the King's surveyor.—Dublin, 20 February 1609.

Pp. 2. Hol. Sealed. Add. Endd.: "Rec. the 5th March."

632. John Tod, Bishop of Down, to Mr. Norton. [Feb.] S.P., Ireland, vol. 228, 39 A.

Desires him to intercede with Salisbury that he may not lose his right to the mastership of the Savoy.

P. 1. Signed. Sealed. Add. Endd.: "23rd Feb. 1609."

633. Sir Arthur Chichester and Council to the Lords of the Privy Council. [Feb. 24] S.P., Ireland, vol. 228, 40.

According to their directions, received with copies of Lord Howth's letters to the King containing his charges, they had called Lord Howth before them, and desired him to explain fully in what he alleged himself, by his letters, to be aggrieved. Told him they were required to grant him a favourable hearing. At first he declined to produce his witnesses before so hostile a board, as he alleged them (the Deputy and Council) to be; but being requested to name such as he excepted to, and they should be put aside, he answered that he would except none but the Chancellor and Sir Garret Moore. His witnesses having been sworn and examined before them, upon the questions he tendered, and what they had deposed reported to him, and having heard the vivâ voce answers of those it concerned delivered at the table, he said plainly, that if it were to do again, he would neither give in any explanation of his meaning, nor suffer any one of his witnesses to be examined, and so left us, having no more to say, but in such a displeased fashion as if he had been wronged by us all, and meant to right himself by some other course.

One Bartholomew Dillon, a gentlemen of good fashion here, who was called for as a witness by Lord Howth, maintained, that a message which he carried from the Lord Howth to Lord Delvin was to this effect; "That all the treasons were discovered, and therefore the Lord Delvin should do safely and wisely for himself simply to confess all that he knew thereof; which the Deputy told him was more than ever the Lord Delvin would confess to him, but that the message brought him was, "that he should conceal the Lord of Howth and nothing else." But Mr. Dillon still maintained his first speech, and that in the presence of Lord Howth, who confirmed him. The Lord Delvin was called before them, he being then in the presence chamber; and answered, with much earnestness, that the message brought him by Mr. Dillon was the same which he had formerly told the Deputy, and that with his life and honour he would maintain; protesting further, that the message was the only cause that he never confessed to the Deputy, that Lord Howth was a party in that treason, and that if by accident he had not had some notice in England before his coming, that Lord Howth was known to have been in that plot, he had still concealed him, as he had done here to the Deputy, and so by not dealing plainly as he professed to do, overthrown his life and house. Which he took so to heart as to utter these speeches: that the Lord of Howth then present, was the most arrant traitor living, and the most dangerous man; that he was engaged in another treason never yet revealed, before that which he had confessed, and it behoved them to look narrowly after him lest he were hatching treasons at that instant;" affirming further, that he dealt with the Lady Delvin, his mother, to dissuade him from coming in to submit himself, which she would justify. Although they seemed to take no notice before Lord Howth as of words spoken in heat, yet think it their duty to make them known to him, who best knows how to make use thereof, and what course to take with the Lord of Howth, who in writing these letters to the King and their Lordships aimed only at a licence to live in England, where he might hope by some gift of the King's to better his estate, which is very weak, or that the King would bear his charge, as he gives out he did at his last being there, &c.—Dublin, 24 February 1609.

Signed: Arthur Chichester, Geo. Derriensis, &c., Thomond, Th. Ridgeway, R. Wingfelde, Humfrey Winche, Jo. Darham, Fra. Aungier, Edward Brabazon, Ol St. John, Ry. Cooke, Ad. Loftus, J. Kinge. Then follows various notes, with answers out of the Lord of Howth's letters to the King, &c.

Pp. 8. Sealed. Add. Endd.

634. Sir Josias Bodley to Salisbury. [Feb. 24.] S.P., Ireland, vol. 228, 41.

Having been employed the last six months in the cronographical descriptions of the Northern parts of Ireland as preparations to the intended plantations, thinks it his duty to give him an account thereof. It was required that those escheated countries should be so plotted that the known bounds of every country might be discerned by the eye, the church land distinguished from the temporal, and land already granted from that which is yet to be disposed of; the shares for the undertakers to be laid out with their apparent limits according to certain conceived proportions of different quantities, the goodness or badness of the soil; and the woods, rivers, or mountains, bogs and lochs, to be specified in their several places. It was late in the year when this service was put on foot, and the shortest course for dispatch that might be was to be taken. They thought it their readiest course that, while the Deputy and commissioners in their inquisition concerning the bishops' claim occupied their time in those counties, they should call such persons unto them out of every barony, as by their experience in the country could give them the name and quantity of every ballibo, quarter, tathe, or any other common measure in any precincts of the same, with special notices how they butted or meared the one on the other; by which means they contrived those maps which are now sent to him. The method they observed was such as might easily warrant them from any fraudulent dealing of their informers, while their least error, by examination and conferring the several parts, might presently be discovered. They have found many thousand more acres for the King than have come to light by any past survey, and albeit they could not deliver the precise number of acres in every parcel, except as they went in ordinary computation in the country;—by which they exceed the number of acres in the printed book of articles by more than a half, by reason of the difference of the perch here used and the statute perch therein named; yet it can little disadvantage the King in contracting with the undertaker, that some clause be inserted of reservation to a more exact survey hereafter, which, when it takes effect, the King's revenues will be augmented by a third.

Describes the progress of the works upon the different forts.—Dublin, 24 February 1609.

Pp. 3. Signed. Add. Endd.

635. William Duffe's Examination. [Feb. 24.] S.P., Ireland, vol. 228, 42, 43.

Examination of William Duffe of Leith in Scotland, master of the William, of Leith, taken before Sir Dominic Sarsfeld, at Cork, 24 February 1609. Says that being at Cales (Cadiz) in a merchant voyage about six weeks past, they heard of a great meeting of ships and galleys at the Groyen (Corunna). That the Archduke sent thither to the King of Spain 12 great ships carrying in them the Irish regiment. That eight of these put into Cales by reason of the weather, where they landed 200 Irish soldiers under the command of Captain Stanyhurst. That these soldiers marched unto the Groyen by land. That the general report of this confluence of shipping was for the transplanting of the Mares (Moors ?). That some Scotchmen of his acquaintance, masters of two of the ships sent by the Archduke, confidently affirmed him, that this preparation was meant for Ireland, but where to land, under whose conduction, or when it would be, they would not tell him. That the Irishmen were young and jocund, and in appearance were intended for some wished-for voyage.

P. 1. Signed: Dom. Sarsfelde. Endd.

636. Lord of Howth to the King. [Feb. 25.] S.P., Ireland, vol. 228, 44.

Complains that the Lord Deputy and Council in their examination selected notes and observations from his letters and called upon him, as well to explain his meaning as to prove them. He did so in writing, with the names of his witnesses to be examined. The matters chiefly touched the Deputy, the Chancellor, and Sir Garrett Moore. One Dillon, a gentleman of good repute, being deposed upon an article endeavouring to put the Lord Deputy in mind by certain discourses passed between them two, of that which his Lordship had forgotten, the Deputy digressing from that matter, moved with choler, demanded this gentleman if he would disclaim in his pardon; which if he would do, he was a traitor, and he would prove him to be one; the cause being that he (Howth) employed him, having his (the King's) authority to Lord Delvin, when it pleased his Lordship at this time (that he, Lord Delvin) should be present, on purpose, as he (Howth) supposes, to contest with him, and to raise some further matter by reviving the memory of their former oversights, which hard usage of his Lordship towards this gentleman deterred others from proving some points of his expositions. And further, his Lordship did not stick to deliver publicly at the Council table that he (Howth) had made known the intention of Lord Delvin to escape out of Dublin Castle, affirming that the Lord Chancellor assured him that he intended to accuse his Lordship (Chichester) therewith. It is true he acquainted him with that pretence, but he, having engaged his honour and word, has thus published this matter on purpose to bring him in distrust and disesteem. Prays His Majesty to protect him and limit him somewhere out of this kingdom.—Howth, 25 February 1609.

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

637. Lord of Howth to Salisbury. [Feb. 25.] S.P., Ireland, vol. 228, 45.

Same as the above.—Howth, 25 February 1609.

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

638. Dillon to the Lord of Howth. [Feb. 23.] S.P., Ireland, vol. 228, 45 I.

Has received his letters wherein he states that the Deputy, on the information of the Chancellor, said that Dillon told the Chancellor that Howth went into England to accuse the Deputy of the escape of Delvin. Protests that Howth never spoke to him on the subject.—Riverston, 23 February 1609.

P. 1. No signature. Add. Endd.

639. Lords of the Council to Sir Arthur Chichester. [Feb. 28.] Philad. P., vol. 3, p. 446.

Recommend to his consideration the claim of Sir Ralph Sidley, to levy 200l. arrears of rent since the King's accession, due to him in right of his wife for her jointure from her husband, Captain Malby, deceased, and payable by the O'Ferralls of the county of Longford, by virtue of a grant from the late Queen to Sir Nicholas Malby, Knight, deceased, grounded upon their own voluntary grant and composition to Her late Majesty and her successors for ever.

This rent is the chiefest part of their means to maintain themselves and their many children.—Whitehall, the last of February 1609.

Signed: R. Cant., R. Salisbury, Lenox, Gilb. Shrewsbury, E. Worcester, Notingham, T. Suffolke, Marr, Dunbar, E. Zouche, E. Wotton, Jul. Cæsar, Thos. Parry.

P. ½. Signed. Add. Endd. by Sir Arthur Chichester: "Of the 28th of Februarie 1609. From the Lls. of the Councell, directing me to determine the difference for the composition of Longforde, in the behalfe of the heires of Mr. Malbye, &c. Re. the 20th of [ ]."

640. Lords of the Council to Sir Arthur Chichester. [Feb. 28.] Philad. P., vol. 3, p. 448.

Enclose the petition of Sir Awla M'Awla, of Ardingraple, in Scotland.

It is His Majesty's desire that Sir Randal M'Donell shall be informed of the purport of Sir Awla's petition, and that nothing further be done till Sir Randal shall have come over at Easter term next, and made answer to this demand.— Whitehall, last of February 1609.

Signed: T. Ellesmere, Canc., R. Salisbury, H. Northampton, Gilb. Shrewsbury, E. Worcester, L. Stanhope, J. Herbert.

P. ½. Add. Endd. by Sir Arthur Chichester: "Of the last of Februarie 1609. From the Lls. of the Councell, in the behalfe of Sir Awla M'Awla, for Glenarme and two toughs of land belonginge to Sir Randall M'Donell, &c. Re. the 5th of Aprill 1610." Encloses,

The Petition of Sir Awla M'Awla, of Ardingcaple, in Scotland, Knight.

That by agreement between Sir Randall M'Donell and Neice M'Donell his brother, of the one part, and Angus M'Donell and Sir James his son, of the other part, that the said Angus and Sir James and their heirs should have two toughs of land within the Glyns in Ulster, viz., the tough of the Park, and the tough of Laharne [Larne], together with the castle of Glanarme, and so much land as belonged thereto, with all customs and privileges appertaining to said castle, as by certain writings under the hand of the said Sir Randall M'Donell and Niece M'Donell may appear.

And afterwards, for good considerations, the said Sir James M'Donell transferred his interest in the premises to petitioner and his heirs male for ever, as by writings under the hand of the said Sir James may appear.

Prays the King to confirm the same to petitioner and his heirs for ever, by letters patent under the great seal of England, and to grant him all such rights as His Majesty can claim to the premises.

P. 1. Not signed or endd.

Footnotes

  • 1. Similar to the previous letter.