Calendar of State Papers, Ireland, 1608-1610. Originally published by Longman and Co, London, 1874.
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James I: Miscellaneous
937. Memorandum of the Lord Morley's Title to the Marshalship of Ireland. S.P., Ireland, vol. 229, 144.
The office was granted to Wingfield in 1603, and a second person obtained the reversion, 1611.
P. 1. Endd.
938. Captain James Tobyn's Request. S.P., Ireland, vol. 229, 147.
Prays a grant of 50l. per annum of escheated and concealed lands in Kilkenny, and also for a joint grant to the Lord Deputy and another of all the escheated and concealed lands throughout Ireland at a yearly rent.
P. 1. Endd.
939. Servitors and Natives Proportions in the Ulster Plantation. S.P., Ireland, vol. 229, 148.
Statement of the number of proportions remaining to be assigned in the escheated counties to the servitors and natives after the Termon and other ecclesiastical lands are assigned.
940. The Earl of Pembroke to the Earl of Salisbury. Docquet.
To write to the Lord Deputy that the King would have no Governor of Cavan. Sir Edw. Herbert, the writer's cousin (being sheriff for Cavan), will thus be exempted from the command of any body.
941. List of Names of the Undertakers in Ireland. S.P., Ireland, vol. 229, 149.
The Lord Deputy, Lord Audley, Treasurer, Marshal, Master of the Ordnance, Sir Oliv. Lambert, Mr. Attorney, Sir Foulke Conway, Sir Hen. Folliott, Sir Edw. Blaney, Sir Toby Caulfield, Sir Richard Hansard, Sir Fran. Rooe, Sir Francis Ruish, Sir Thomas Phillips, Capt. John Vaughan, Sir J. Perrot, Capt. Wm. Stewart, Capt. Pat. Crauford, Capt. Atherton, Capt. Hope, Capt. Clotworthie, Capt. Basil Brooke, Capt. Culme, Capt. Dorrington, Capt. Cole, Capt. Illing, Capt. Leigh, Capt. Anthony Smith, Archie More, Capt. Henry Skipwith, Sir Geo. Greaves, Sir Rich. Greave, Capt. Bourgchier, Capt. Lyons, Capt. Trever, Capt. Baker, Capt. Pykeman, Sir Tho. Williams, Sir Edw. Fetyplace, Sir Tho. Coach, Sir Ralph Bingley, Capt. Leckford, Capt. Pinner, Capt. Hen. Vaughan, Capt. Hart, Capt. Gore, Capt. Cooke, Capt. Larkin, Capt. Edney, Capt. Harrison, Capt. Anth. Hugon.
Pp. 2. Endd.
942. Earl of Pembroke to Lord Salisbury. Add. Papers, Ireland. P.R.O.
Writes on behalf of his cousin, Sir Edward Herbert, that he may be appointed to the governorship of co. Cavan.
P. 1. Hol. Sealed. Add. Endd. Not dated.
943. A Tabular View of all such as offer to become Undertakers. S.P., Ireland, vol. 229, 150.
1. The names of the principal undertakers, with their consorts.
2. Their abilities and estates, as themselves allege.
3. . . . . . . .
4. . . . .desired.
Sir Henry Hobert's consort:
Sir Henry Hobbert, ——.
John Thurston, Suffolk, 600l. per annum.
Arthur Everad, Norfolk, 300l. per annum.
Henry Honinge, Suffolk, ——.
Tho. Blenerhassett, Norfolk, 120l. per annum.
Robert Bogas, Suffolk, 240l. per annum.
Thomas Flowerdue, Norfolk, 200l. per annum.
John Archdale, Suffolk, 200l. per annum.
Richard Harte, one of His Majesty's servants, Suffolk, 50l. per annum.
Sir John Aldridge, Norfolk, 200l. per annum.
John Colby, Suffolk, 200l. per annum.
Isaac Thomson, Norfolk, 100l. per annum.
William Strutton, Suffolk, 100l. per annum.
Thomas Cheyney, Suffolk, 60l. per annum.
Roger Dersley, Norfolk, 110l. per annum.
15,000 acres. Fermanagh.
Sir Marvin Audley's consort:
Sir Marvin Audley, ——.
Sir Richard Brooke, ——.
Edward Blunte, ——.
11,000 acres. Omey.
Sir Maurice Barckley's consort:
Sir Maurice Barckley, Somerset, ——, 4,000 acres.
Sir Dudley Digges, Kent, ——, 2,000 acres.
Robert Dillon, Northampton, ——, 4,000 acres.
William Powell, Stafford, 2,000 acres.
John Dillon, Stafford, ——, 2,000 acres.
Edward Russell, ——, ——, 2,000 acres.
Onealand or Liffer.
Sir Francis Anderson's consort:
Sir Francis Anderson, Bedford, 2,000l. per annum.
Sir William Lovell, Kent, —— per annum, 2,000 acres.
John Fish, Bedford, 300l. per annum, 2,000 acres.
John Allin, Bedford, 300l. per annum.
Edmund Anderson, Bedford, 100l. in goods, 1,000 acres.
Francis Sachinwell, Leicester, 300l. per annum, 2,000 acres.
John Brounlowe, Nottingham, 150l. per annum, 2,000 acres.
Sir William Harmone's consort:
Sir William Harmon, —— (fn. 1), 2,000 acres.
William Wilson, Suffolk, —— (fn. 1), 1,000 acres.
Thomas Wilson, Suffolk, —— (fn. 1), 1,000 acres.
Roger Garrett, Suffolk, —— (fn. 1), 1,000 acres.
Henry Shepheard, merchant, —— (fn. 1), 1,500 acres.
William Clyston, Somerset, ——, —— (fn. 1).
Humphrey Walker, Somerset, ——, —— (fn. 1).
Thomas Stanton, ——, 2,000 acres.
Sir Thomas Cornwall's consort:
Sir Thomas Cornwall, 2,000 acres.
Edward Cornwall, 2,000 acres.
Gilbert Cornwall, 2,000 acres.
Thomas Cornwall, 2,000 acres.
George Cornwall, 2,000 acres.
Robert Cornwall, 2,000 acres.
James Cornwall, 2,000 acres.
Sir John Mallerye's consort:
Sir John Mallery, York, 1,000l. per annum, 2,000 acres.
Beckingham Butler, Hatford, 400l. per annum, 2,000 acres.
Stephen Butler, Bedford, 1,500l. his estate, 2,000 acres.
Lawrence Warren, Hatford, 300l. in silver, 20l. per annum, 1,000 acres.
Thomas Woode, York, 1,600l. in silver, 2,000 acres.
William Wake, London, 2,000l. his estate, 2,000 acres.
Thomas Johnson, York, 150l. per annum, 400l. silver, 2,000 acres.
Charles Ellye, York, 1,000l. in leases and silver, ——.
John Richeson, York, 1,000l. his estate, 2,000 acres.
Thomas Composte, York, 300l. per annum, 2,000 acres.
Sir William Monson's consort:
Sir William Monson, 1,000 acres.
John Barnewall, Gray's Inn, 1,000 acres.
Matthew Southwell, in the behalf of Thomas St. Law, 2,000 acres.
Richard Dawtry, Suffolk, 1,000 acres.
James Matchett, clerk and preacher, 1,000 acres.
William Brower, Suffolk, 1,000 acres.
Nicholas Howarde, Suffolk, 1,000 acres.
Edward Rivett, merchant, Suffolk, 1,000 acres.
Richard Wrighte, merchant, London, 1,000 acres.
The Lord Saye's consort:
The Lord Saye, ——, 4,000 acres.
Edward Warde, Suffolk, 400l. per annum, 1,000 acres.
William Stanhowe and Henry, his son, Norfolk, 150l. per annum, 500l. goods, 2,000 acres.
Joseph Warde, Norfolk, 2,000l. goods, 1,000 acres.
William Warde, goldsmith, London, 4,000l. goods, 1,000 acres.
Michael Saltforde, for himself and Nicholas Whiting, 500l. goods, 1,000 acres.
James Matchett, Norfolk, 84l. per annum, 200l. goods, 1,000 acres.
Richard Roleston, Stafford, 500l. goods, 100l. per annum, 1,000 acres.
Jeffery Money, Norfolk, 40l. per annum, goods 200l., 1,000 acres.
Richard Matchett, Norfolk, 40l. per annum, 200l. goods, 1,000 acres.
William Banister, of Southworke, grocer, London, 700l. goods, 1,000 acres.
Edmund Caston, London, 300l. goods, 1,000 acres.
Sir Henry Helmes' consort:
Sir Henry Helmes, 4,000 acres.
Sir Henry Clare, 4,000 acres.
Symon Muskett, Gray's Inn, 200 marks per annum, 1,000 acres.
Timothy Castleton, Norfolk, 200 marks per annum, 2,000 acres.
John Taylor, Cambridge, 200 marks per annum, 2,000 acres.
William Carter, Norfolk, 200 marks per annum, 2,000 acres.
Thomas Stone, merchant, Oxford, 50l. per annum, 1,000 acres.
Sir Henry Docwra, 4,000 acres.—Liffer.
Sir Robert Crosse, 2,000 acres.
Marcellus Rivers, 2,000 acres.—Ardmagh or Tyrone.
Henry Sackforde, 2,000 acres.—Onealand.
Sir Hugh Wirrall, 200l. per annum, 2,000 acres.
John Wirrall, 50l. per annum, 2,000 acres.
Thomas Mountfort, 1,000l. in goods, 2,000 acres.
1 large sheet or roll of 4 mems.
944. Clerk of First Fruits. S.P., Ireland, vol. 229, 151.
Warrant for Peter Harrison to have the office of clerk of the First Fruits, in reversion after Francis Edgeworth.
945. The Principal Heads of Captain [Barnaby] Riche's Treatise delivered to my Lord Salisbury. S.P., Ireland, vol. 229, 152.
Of the Idolatry of Ireland. Of the Pride of Ireland. Of the Corruption of Ireland. Of the Drunkenness and Incontinency of Ireland. Of the tolerating and dispensing with all manner of offences in Ireland. Of the generality of pardons in Ireland. The supposed reasons why vice is not punished in Ireland. Of unworthy persons preferred: His Majesty's Escheats ill bestowed. His Majesty overburdened more than needeth, viz., with a guard of 100 men for the Castle of Dublin, with the entertainment of a serjeant-major, a corporal of the field. (Note in margin. I find neither any serjeant-major or corporal of the field either in the establishment or cheque book). A scout-master and such like officers not usual but in time of war. That the Judges have large allowance from the King, and yet have their charges plentifully defrayed by the country. That the Judges, to prolong the time of their allowance, continue in shire towns many days longer than they need, hearing and determining causes between party and party which no way belongs to the King. The clerk of the casualties hath 40l. a year, and doth no service for it. Collector and comptroller of the impost unnecessary offices. Concordatums over generally granted.
How His Majesty's revenues have been lately impaired.
The composition in Connaught was 3,500l. per annum, that by the collector Davys such fraud is used, as not above 590l. is paid in.
That where there were certain lands in the Pale that did pay 3,000l. a year to the King's galloglasse, those kind of people being out of use, the King is like not only to lose the said contribution but the land whereto the King's escheator doth entitle His Majesty.
That the Council table hath been slack herein; that the Lord Chief Justice hath been a great opposer of the King's right; but the Lord Chief Baron and the Master of the Rolls do stand for His Majesty's title.
That under the title of 100l. a year granted in fee-farm to the Earl of Thomond, he passed the manor of Caterlough with the demesnes and customs, which, if it were improved, is worth 300l. or 400l. a year.
That in exchange thereof the King had from the Earl the abbey of Galbally, being 100l. a year upon the rack. But two years rent is behind, though the Earl and Sir Richard Boyle have entered into bonds that it shall yield so much to the King.
That where Captain Henshaw paid 40l. a year for certain lands in Monaghan Sir Edward Blany is now to pass in feefarm for 45s.
That the Attorney General is bound in 500l. to Sir Edward Blany that he shall quietly enjoy this fee farm.
Sir Richard Boyle is to pass a mill at 18d. a year, which was ever wont to yield 4l. 10s.
His Majesty abused under the colour of the Commission for Defective Titles.
Many have altered their tenures under colour of amending their titles, and have freed their lands from wardships.
Sir Edward Blany had but a lease for years in Monaghan, which he hath altered into a term of fee simple.
Sir Edward Fitzgarret had Balleboggen in fee farm, but hath altered it into fee simple.
It is thought that the Earl of Ormond hath lately defrauded His Majesty by passing of certain lands to one Walter Lawlesse.
The Earl of Thomond and Sir Richard Boyle are at this present passing so many parcels of land as the particulars contained in a roll of parchment reach 16 yards in length.
Those lands are thought to be for the most part Sir Richard Boyle's.
His Majesty abused by Officers in his Courts.
There is one man in the Court of Common Pleas that hath engrossed the whole offices that appertain to five or six several persons, and holdeth them all in his own hands.
The like in the Court of the Castle Chamber, &c.
Pp. 3. Endd.: "Ireland, Collections out of a book presented to my Lord by B. R."
946. Estimate of the cost of 10 troops of horse and 25 bands of foot, by Sir John Bingley. S.P., Ireland, vol. 229, 153.
Pp. 3. Endd.
947. An Abstract His Majesty's several Titles, whereby His Majesty and sundry other persons, Ecclesiastical and Temporal, are entitled to the Lands in the County of Armagh, by Sir John Davys. Carte Papers, vol. 61, p. 87.
The county of Armagh is divided into five baronies; namely, 1, the Fews; 2, Orrier; 3, Armagh; 4, Toughrany; 5, Onealan.
1. His Majesty's title to the temporal lands.
Shane O'Neale, being slain in actual rebellion, was by Act of Parliament, 11° Elizabeth, attainted of high treason, and because the lords and captains of divers Irish countries in Ulster did adhere to the said traitor O'Neale in his rebellion, for their offences it was further enacted, that the Queen, her heirs and successors, should have and enjoy as in right of her Imperial Crown of England (among other counties), the country of Tyrone, the country of Orrier, called O'Hanlon's country, and the country of the Fews, called Hugh M'Neale's country, and all the lands and hereditaments belonging to any of the said lords and captains, or to their kinsmen or adherents in any of the said countries and territories, saving to the Archbishop of Armagh and his successors, the Dean and Chapter of Armagh and their successors, Sir Nicholas Bagnall and his heirs, Sir John Bellew and his heirs, and to divers other persons and bodies politic named in the Act, all their rights. Afterwards, in 13° Elizabeth, by indentures under the Great Seal of England, dated 5 October, 13th of Elizabeth, between the Queen of the one part, and Captain Thomas Chatterton of the other part, in consideration that Her Majesty should grant unto Chatterton and his heirs the county of Orier, the country of the Fews, and the Galloglass country, which is also parcel of the county of Armagh, Chatterton covenanted that before the 28th of March 1579 he would possess and plant with civil and loyal subjects the said countries of Orier and the Fews, and the Galloglasses country, and would divide and distribute the lands in this manner, viz.: To every horseman, two ploughlands, and to every footman one ploughland; and that from and after the said 28th of March 1579, he should have in readiness for the defence of those countries, for every ploughland one footman, and for every two ploughlands one horseman armed after the English manner, provided that all such ploughlands as should not be so possessed and divided before the said 28th of March 1579, should remain to the Queen and her successors for ever.
Afterwards the late Queen, by her letters patent dated 10th June, 15° Elizabeth, granted to the said Thomas Chatterton and his heirs for ever, the country of Orier, the country of the Fews, and the Galloglasses country lying in the county of Armagh, on condition that if Chatterton and his heirs did not perform the covenants contained in the said letters dated 5th, October, 13° Elizabeth, that then the said letters patent should be void.
Chatterton never performed the covenants before expressed, being slain by the Irish people of Orier shortly after the date of the letters patent, and after his death his heirs never attempted to perform the same; howbeit there was no office found of the breach of the covenants and conditions aforesaid until the 1st day of July, the seventh year of His Majesty's reign, by virtue of a commission under the Great Seal dated 29th of June before, which was omitted by the officers of the Crown here till that time, because they were ignorant of the contents of the said letters patent, the same being passed under the Great Seal of England, being never enrolled in any court of record here.
Afterwards, on 20th of May, 29° Elizabeth, the Queen, by letters patent, created Hugh O'Neale Earl of Tyrone, and granted him all the lands and hereditaments which King Henry VIII. by his letters patent dated 1st October, 34th year of his reign, had formerly granted to Con Backogh O'Neale, the Earl of Tyrone's grandfather, which letters patent are all forfeited and come to the Crown, only that the last estate tail in remainder limited to Sir Cormac O'Neale, his brother, who is now in the Tower, but not attainted yet, doth remain unreduced.
So that His Majesty is entitled to all the temporal lands in the county of Armagh, which are in His Majesty's hands to be disposed of to undertakers or otherwise, at His Highness's pleasure, except some parcels which His Majesty since the said titles did accrue to the Crown, hath granted to divers natives and English servitors, part for years and part in fee farm.
The lands are these:—
1. The country of the Fews, being part of the barony of the Fews granted to Sir Tirlagh M'Henry O'Neale and his heirs by letters patent dated 16 September, 1° Jacobi, which grant is void in law, because the former grant of Orier and the Fews made to Chatterton stood then in force as aforesaid.
Also in this country Sir Christopher Bellew is seised of five towns as parcel of his manor of The Roch which he lately evicted out of the possession of Sir Tirlagh M'Henry.
2. Three ballibetaghs and one ballibo in the barony of Toughrany, granted 12 June, 3° Jacobi, to Sir Henry Oge O'Neale and his heirs. At the time of which grant the Earl had forfeited his estate for life, and the remainders in tail male limited by the patent 20° Elizabeth; but the remainders limited to Hugh, Henry, and Cormock O'Neale were not forfeited.
3. The greater part of 300 acres next adjoining to the fort of Charlemont, lying in this country south side of the Blackwater, are granted to Sir Tobias Calfield, captain of that fort, for 21 years, if he should so long live, by letters patent dated 6 June, 5° Jacobi, which remains in force.
4. Five ballibos next adjoining to the castle of the Moiry in Orier, granted to Captain Antony Smith, dated 10 June, 4 Jacobi, for 21 years, if he should so long live. This grant is void in law, because Chatterton's grant was not then avoided.
5. Three ballibos adjoining the fort of Mountnorris, the greatest part of which lieth in Orier, granted to Captain Henry Atherton, who is captain of that fort, for 21 years, if he shall so long live, by letters patent dated [ (fn. 2) ] Jacobi; but that grant is void, for so much as lieth in Orier, by reason of Chatterton's patent as aforesaid.
6. Twelve ballibos lying in Orier, whereof the said three ballibos adjoining to Mountnorris, and granted to Henry Atherton, are part, granted in fee-farm to Patrick O'Hanlon, a native and a servitor, by letters patent dated 26 October, 7° Jacobi. This grant of estate is good in law, because Chatterton's grant was then avoided by office.
7. Seven ballibos in Orier granted in fee-farm to Redmond O'Hanlon, another native and servitor, by letters patent dated in December, 7° Jacobi, which grant doth stand in force for anything we yet know.
Thus much touching His Majesty's several titles to the temporal lands in the county of Armagh.
The ecclesiastical lands in that county are of four kinds:—
1. The lands of the Lord Primate of Armagh in right of his archbishoprick.
2. The lands of the dean and chapter and vicars choral of Armagh.
3. The glebe lands of parsons and vicars.
4. The abbey lands,
King Henry VIII. did grant unto Con Backagh all lands, tenements, and hereditaments which he the said Con Backagh late had and held in Tyrone, with a limitation of estate to him the said Hugh O'Neale (sic), Earl of Tyrone, during his life, the remainder to Hugh, his eldest son, and the heirs males of his body; the remainder to Henry O'Neal, his second son, and the heirs males of his body; the remainder to the heirs males of the body of the said Hugh Earl of Tyrone and of Jeane his wife; remainder to the heirs males of the body of the said Hugh Earl of Tyrone; the remainder to Cormock M'Baron O'Neale, brother to the said Earl, and the heirs males of his body, and the reversion in the Crown.
16 December, 13° Elizabeth, by the procurement of Hugh Earl of Tyrone, the inquisition before mentioned was taken of the bounds and limits of Tyrone, whereby it was found that all the lands which now lie within the county of Armagh, Tyrone, and Coleraine (except Orier) were then, and of ancient time had been, within the meres and bounds of the county of Tyrone, and that Con Backagh, at the time of this survey, had cessing or bonoght, cutting and spending, in and upon all the lands. By letters patent dated 1 December, 30th Elizabeth, the country of Orier, called O'Hanlon's Country, was granted by the late Queen to Sir Oghy O'Hanlon for life, the remainder to Oghy Oge O'Hanlon, his son and heir apparent, and the heirs males of his body, with divers remainders over, with a proviso that if Sir Oghy O'Hanlon or any of the persons in remainder did at any time enter into actual rebellion, the letters patent should be void; by colour of which grant (although it were void from the beginning by reason of Chatterton's patent, stood still in force, being not avoided by office), Sir Oghy O'Hanlon hath taken the profits of the said country of Orier ever since until August last, when by deed enrolled he surrendered all his estate, title, and pretence of title, and left the possession to His Majesty (fn. 3); so as by the grant made to Chatterton, 15° Elizabeth, all the temporal lands [in the] barony of Orier and the country of the Fews and the Galloglasses country, were entirely passed to him in possession; and by the grant made to the Earl of Tyrone, 29° Elizabeth, all the temporal lands in the three baronies, viz., of Armagh, Toughranny, and O'Nelan, and part of the barony of the Fews [ (fn. 4) ], which Con Backagh had, 34° Hen. VIII. in demesne, for the services were extinguished by 11° Elizabeth which vested all in the Crown, were granted to Hugh Earl of Tyrone as aforesaid, and the rest of the land within the three last-recited baronies and part of the barony of the Fews which were not ex[cepted] (fn. 4) to the Earl, did and do remain in the possession of the Crown still by virtue of the statute 11° Elizabeth.
By this it appears how all the temporal lands in this country came to the Crown by the Act 11° Elizabeth; and it likewise appeareth how all the lands, except the lands of the freeholders within the three last baronies, were passed away from the Crown by two several grants, the one made to Chatterton, the other to the Earl of Tyrone (for nothing passed by O'Hanlon's patent, Chatterton's patent being in force at the time of the making thereof).
It shall now be declared how all these lands which were thus passed away from the Crown are come back to the Crown again. Now follow the means by which all these countries and lands, the countries of Orier and the Fews, are reduced again to the Crown.
Chatterton's patent being passed under the Great Seal of England, 15° Elizabeth, and no exemplification thereof transmitted hither, himself being slain, and his heir making no claim to the lands, his title was concealed and unknown till of late, and Sir Oghy O'Hanlon's grant reputed good until he brake the conditions contained in his letters patent by entering into actual rebellion, whereupon being received to grace having obtained His Majesty's gracious promise to have new letters patent granted unto him, himself procured an office to be found of the breach of the condition contained in his letters patent, to the end he might take a new grant from His Majesty, and did also surrender all his estate by deed enrolled in the Chancery; notwithstanding he neglected to pass his new patent until Oghy Oge O'Hanlon, his son and heir, to whom the first estate in remainder was limited by his former letters patent, entered into actual rebellion with O'Doherty, for which he has been indicted, outlawed, and attainted. So as His Majesty is directly entitled to the territory of Orier against young O'Hanlon, both in law and in honour, but because old Sir Oghy had His Majesty's gracious promise that he should have the like estate as he had before, which was during his life only, albeit he stands indicted of treason for relieving his son, being in rebellion, yet the Lord Deputy, to make the possession clear for the plantation every way, both in honour, law, and equity, compounded and agreed with him on His Majesty's behalf that he should grant and release unto His Majesty all his estate, claim, or pretence of title to that country, which he hath done, by his deed acknowledged in open sessions before the Lord Chief Justice in August last. In consideration whereof the Lord Deputy hath covenanted that he shall receive an annuity or pension of 80l. per annum during his life out of His Majesty's exchequer here, and has also paid about 200l. in discharge of his debts.
Albeit O'Hanlon's pretence of title to the barony of Orier be thus cleared, Chatterton's letters patent stood still in force because no office was found of the breach of the conditions therein contained, but Chatterton's heir had still an estate in law, both in Orier and the Fewes and the Galloglasses' country, until an inquisition was taken, the 6th of July last, finding a breach of the conditions contained in Chatterton's patent, whereby that estate, both in Orier, the Fewes, and the Galloglasses' country, is clearly avoided.
In this manner the two countries of Orier and the Fewes are reduced to the Crown, albeit Sir Tirlogh M'Henry O'Neale in the first year of His Majesty's reign obtained letters patent of the country of the Fewes to him and his heirs, but because Chatterton's estate was not then avoided that grant to Sir Tirlogh M'Henry is also void in law.
The temporal lands of the other three baronies, viz., of Armagh, Toughranny, and O'Neilan, and part of the barony of the Fewes comprised in the grant of Hugh, late Earl of Tyrone, as being parcel of the possessions of Con Backagh O'Neale, have been reduced in this manner:—
Tyrone, during his late great rebellion in Queen Elizabeth's time, was attainted of treason by outlawry, whereby he forfeited his estate for life in all the lands which Con Backagh, his grandfather, had in Tyrone, within the limits whereof the same three baronies are found to be comprised.
And he likewise forfeited his estates in remainder in tail limited to him after the death of the said two sons, Hugh and Henry, without issue; but his two sons and his brother Cormac M'Baron, who had estates in tail in remainder after the Earl's estate for life, were not then attainted; but they being afterwards pardoned by His Majesty, their several estates remained in them still when His Majesty came to the Crown, and the late Earl of Tyrone himself, being also pardoned in the third year of His Majesty's reign, obtained new letters patent in the same form and with the same limitations of estates as were contained in his former letters patent, only some parcels of land were excepted out of the last patent, namely, Henry Oge's country, containing five ballibetaghs, three of them lying in the county of Armagh, and two in Tyrone, the forts of Mountnorris and Charlemont, and 300 acres of land next adjoining to each of the said forts.
But now upon his last treason, not only his two sons Hugh and Henry were by outlawry attainted of high treason in June 1608, for treason committed the 3rd of September 1607, (fn. 5) (by which last attainder the Earl's estate for life and the estate in remainder limited to the heirs male of his body, and the estates in remainder limited to Hugh and Henry, his sons, are . . . . . . . (fn. 6).
Touching the lands claimed by the Lord Primate, the case standeth thus:
The statute of 11° Elizabeth, before recited, which vesteth all the lands of this country in the actual and real possession of the Crown, doth save the right of the Archbishop of Armagh and his successors.
And now, by virtue of a commission taken at Armagh, 12th of August 1609, to inquire of the ecclesiastical lands in that and other counties, and to distinguish the same from the lands of the Crown, it is found that the Archbishop of Armagh is seised, in right of his Archbishoprick, of 26 towns, or thereabouts, as of his mensal and demesne lands, and that he ought to have certain perpetual rents and other duties out of 160 towns more (which are not found to be termon or herenachs lands) lying in several territories of this county; but the tenants thereof, being now Irish, are found to have been inheritors thereof time out of mind, according to the Irish custom of tanistry and gavelkind; and that the Lord Primate could not remove the said tenants at his pleasure. Upon which inquisition we are of opinion that the said lands, out of which the Lord Primate had proxies, rents, and other duties as aforesaid, . . . . (fn. 7)
Lands of the Dean and Chapter and Vicars Choral of Armagh.
Touching the lands claimed by the Dean and Chapter of Armagh, whose right is also saved by the statute of 11° [Elizabeth], there are but three towns and odd sessiaghs found to belong to the Dean, but there are nine towns and odd sessiaghs found to belong to the vicars choral of that church, to which we think he (fn. 8) no title.
The Glebe land.
Touching the glebe lands of parsons and vicars, there are but two towns and a half found to belong to all the parsons, &c. in this county, for most of the parish churches are without glebe.
The Abbey lands.
Touching the Abbey lands, there are 20 and odd ballibetaghs found to be part of the possessions of the Abbey of St. Peter of Armagh, which are passed in fee to Sir Tobias Calfield, and the number of , (fn. 8) with the possessions thereof, containing six balliboes as passed in fee to Marmaduke Whitchurch, a servitor, and seven other towns lying in O'Neiland, parcel of the possession of the Abbey of the Newry, were granted to Sir Nicholas Bagnal and his heirs, 4° Edward VI.
Lastly it is found that the Lord Primate hath of later years collated to all the parsonages and vicarages in this county, but that in ancient times they were disposed by the Pope's bull.
The advowsons and right of patronage.
So as we conceive the right of patronage of all the benefices in this county doth vest in His Majesty.
His Majesty's title to the Herenagh lands in this county is expressed in the case of the Herenagh lands of the counties of Tyrone and Coleraine, therein mentioned, next after His Majesty's title is expressed to the temporal lands in the county of Coleraine.
An abstract of His Majesty's title to the [temporal] (fn. 9) lands in the county of Tyrone.
King Henry VIII., by letters patent, dated 1st October, anno 34° of his reign, did grant and confer to Con Backagh O'Neale (the first Earl of Tyrone and grand father to the late fugitive Earl), omnia castra, dominia, maneria, terras, tenementa, redditus, reversiones, et servicia quæ præfatus Conacius jamdudum habuit et tenuit in Tyrone.
11° Elizabeth, Shane O'Neale was attainted by Act of Parliament, and the entire country of Tyrone, whereof the county of Tyrone is but parcel, was (among other things) by that Act given to the Queen, her heirs and successors, saving the right of the Archbishop of Armagh and the Bishops of Clogher, and the Deans and Chapters of Armagh and Clogher, and of divers other persons and bodies politic; but the right of the Bishop of Derry, whose diocese doth extend into part of this country, was not saved by this Act.
Queen Elizabeth, by letters patent dated 1st May, anno 29° of her reign, created Hugh O'Neale Earl of Tyrone, and granted unto him all those castles, manors, lands, tenements, and hereditaments in the country or territory of Tyrone which Henry VIII., by his letters patent, dated 1° October, anno 34° of his reign, had granted to Con Backagh O'Neale, his grandfather; to have and to hold to the said Hugh, Earl of Tyrone, during his natural life, the remainder to Hugh O'Neale, his eldest son, and the heirs males of his body, the remainder to Henry O'Neale, his second son, and the heirs males of his body, the remainder to the heirs male of the body of Hugh the Earl and of Joane his wife, the remainder to the heirs males of the body of the said Earl, the remainder to Cormac O'Neale, the Earl's brother, and the heirs males of his body.
6° December, 30° Elizabeth, an inquisition was taken at Dundalk, before the two Chief Justices, the Master of the Rolls, and others, whereby it was found that all that scope and extent of land whereof the county of Tyrone doth now consist, did lie within the meres and bounds of the country of Tyrone, and that eleven ballibetaghs in Slew-shishe were the [inheritance (fn. 10) ] of Neale, Connelagh, father of Tirlagh Lennagh; and that the territory of Glanconkeyn and Killetragh were not the lands of O'Neale, but that he had only services out of the said lands, the certainty whereof the jurors knew not; so as the eleven ballibetaghs in Shew-Shishe, and lands of Glanconkeine and Killetragh did not pass to the Earl by his letters patent, for Con Backagh had only services out of them, which services were extinct when the lands were given to the Crown by the Act of Parliament.
Therefore, His Majesty is entitled to the said eleven ballibetaghs which were the inheritance of Tirlagh Lennagh and the lands of Glanconkeine and Killetra, by the statute of 11 Elizabeth, and not by the attainder of the late Earl of Tyrone. Howbeit, the said Hugh, the late Earl of Tyrone, by indentures dated 13th May, 29° Elizabeth, did covenant with the late Queen to pass unto Sir Art O'Neale all the said lands, which covenant was never performed. But all the rest of the lands which are found to have been held by Con Backagh, and which passed by the grant made to Hugh, late Earl of Tyrone, are come to the Crown again by the attainder of the said Earl, and of Hugh his eldest son, and of Henry his second son, who had several remainders in tail limited unto them by the said grant, and limited to Sir Cormac O'Neale, now prisoner in the Tower, and not attainted, is not yet forfeited nor reduced.
So as all the temporal lands in the county of Tyrone are reduced to the Crown, partly by the statute of 11 Elizabeth, and partly by the attainder of the late Earl of Tyrone and his sons, neither hath Queen Elizabeth nor His Majesty that now is, granted any extraordinary scope thereof to any servitor or native; but only two ballibetgahs called Mointerbirme in the barony of Dungannon to Sir Henry O'Neale and his heirs, which grant was 3° Jacobi, when the late Earl had only forfeited his estate by his first attainder.
There are also 100 acres and odd laid to the fort of Charlemont, which lie on the north side of the Blackwater, and are granted to Sir Tobias Calfield, Captain of that fort, for 20 years, if he so long shall live.
There are also 300 acres laid to the fort of Mountjoy in this county.
In this state are all the temporal lands in this county.
The ecclesiastical lands are of four kinds:—
1. Mensal or demense lands of the bishops.
2. Termon or Herenagh lands.
3. Glebe lands of parsons and vicars.
4. Abbey lands.
1. Touching the bishops' lands:—Three several dioceses do extend into this county, viz., the diocese of Armagh, the diocese of Clogher, and the diocese of Derry. By an inquisition taken at Dungannon, the [ (fn. 11) ] of August last, by virtue of a commision directed to the Lord Deputy, the Archbishop of Dublin, the Lord Chancellor, the Lord Primate of Armagh, and others, to inquire (among other things) of all the ecclesiastical lands in this county, and to distinguish the same from the lands of the Crown, it is found that the Bishop of Clogher is seised in his demesne as of fee of certain mensal lands near Clogher, containing [ ] balliboes, or thereabouts; but they find no mensal or demesne lands either for the Primate of Armagh or for the Bishop of Derry within this county. But they find that the Primate of Armagh and the Bishops of Clogher and Derry, in right of their several bishopricks, ought to have certain yearly rents, pensions, or other duties issuing out of certain lands called Herenagh lands, the tenants whereof called Herenaghs and their septs have inherited the same lands time out of mind, according to the Irish custom, and are not removeable by the said bishops.
So as [if] the said Herenaghs and their septs shall be adjudged owners of the said lands and to have such an estate as might be given to the late Queen by Parliament, that the Act of 11° Elizabeth doth vest all the said lands in the Crown, and the bishops are, of right only, to have their rents, pensions, and other duties. But if they shall be adjudged but tenants at will and to have no estate in the said lands, then the bishops are to have the possession of the land itself.
Only the Bishop of Derry (because the right of the said bishoprick was not saved by the Act of 11° Elizabeth) cannot in law demand either land or rent, but is left to His Majesty's grace and favour in that behalf.
Touching the quantity of ecclesiastical lands in this county:—
The Herenagh lands, out of which the Lord Primate of Armagh, the Bishop of Clogher, and the Bishop of Derry are to have rents, pensions, or other duties, do contain 312 towns or balliboes, two sessiaghs, and 16 acres.
The glebe lands found to belong to the several parsons and vicars in this county, contain in all three balliboes, two sessiaghs, and seven acres.
The abbey lands in this county, whereof some parcels are granted in fee-farm, and other parcels are not yet in charge, do in all contain [ (fn. 12) ] balliboes.
An abstract of His Majesty's title to the temporal lands in the county of Coleraine.
The country or territory called O'Cahan's country was reduced into a county and called the county of Coleraine, so as the county had the same limits as that Irish country or precinct of land had, and no other, until of late part of O'Cahan's country was included within the peculiar county of the city of Derry.
The Act of Attainder of Shane O'Neale, 11 Elizabeth, doth recite that among other lords and captains of Ulster O'Cahan did adhere to the said traitor O'Neale in his rebellion; wherefore it was enacted that the Queen, her heirs and successors, should have, hold, and enjoy, as in right of her Imperial crown of England, among other Irish countries, the country of Kryne called O'Cahan's Country, and all the towns, manors, castles, lands, tenements, and hereditaments belonging to any of the said Irish lords or their adherents, in the said several countries; and that all the premises should be vested in the actual and real possession of Her Majesty, her heirs and successors; in which Act there is a saving of the right of the Bishop of Derry to any lands, tenements, and hereditaments in that country.
Queen Elizabeth, by letters patent dated 1st May, 29th year of her reign, did grant to Hugh Earl of Tyrone all such lands, tenements, and hereditaments as Con Backagh, his grandfather, had and held in Tyrone in the 34th year of King Henry VIII., and thereupon an inquisition was taken at Dundalk, 16th December, 30 Elizabeth, of the meres and bounds of Tyrone, and of all such lands as Con Backagh had and held in Tyrone in anno 34 Henry VIII. By this inquisition it was found that O'Cahan's country did lie within the meres and bounds of Tyrone; but it is also found that the lands of that country were not the lands of the O'Neales, but that the O'Neales had some services due unto them out of that country, the certainty whereof the jurors knew not.
So as it is apparent that no lands in that country or county did pass unto the late Earl of Tyrone by the said letters patent dated 1st October, 29 Elizabeth, because Con Backagh had not those lands, but only services out of them, which were all extinguished by the Act of 11 Elizabeth, which gave the whole country to the Crown.
Notwithstanding the late Earl of Tyrone, by colour of his letters patent, did, until the end of this late great rebellion, take upon himself to be owner of all that country, and did take Irish cuttings and exactions thereupon, as upon the rest of the lands in Tyrone, and since his last restitution, did impose a rent of 200l. per annum upon O'Cahan, who ever since the statute took the profits of the country, as his ancestors had done before him, without yielding any account for the same; albeit the said O'Cahan never had any grant thereof from the Crown until the last year of Queen Elizabeth's reign, when, upon his submission, he obtained only a custodiam thereof. But about three years since, being impatient of so great a rent imposed upon him by the Earl, he exhibited a complaint to the Lord Deputy and Council here against the Earl for imposing the said rent, and desired to take an estate by letters patent from His Majesty; upon which complaint His Majesty's learned counsel, examining the records, found His Majesty to be in the real and actual possession of the said country, and having drawn a true case of His Majesty's title, the same was certified into England, whereupon His Majesty signified his gracious pleasure, that the late Earl, O'Cahan, and His Majesty's Attorney-General of this kingdom, should repair into England, where His Majesty would be pleased to hear and determine the said controversy; but the Earl being guilty of many treasons, when he should have repaired into England fled out of this kingdom into parts beyond the seas, where he has ever since remained a fugitive, being also since his departure attainted by outlawry of high treason.
So as all the temporal lands of this country are come to the Crown, and are in the actual and real possession of His Majesty, by virtue of the Act of 11 Elizabeth, and not by the attainder of the Earl of Tyrone. Only O'Cahan, upon his submission to Sir Henry Docwra, had a promise (as he allegeth) in the name of her late Majesty, that he should have a grant made unto him of the said country by letters patent, the benefit and advantage of which promises he hath since worthily forfeited (as we conceive) by his disloyalty, for which he now stands indicted of high treason.
With exception of Annogh and other lands near the Derry, and in the behalf of other particular persons that took the custodiam. (fn. 13)
There is no part of the temporal lands lying within this county granted to any person, but all remaineth in His Majesty's hands to be disposed of to undertakers except the moiety of the royal fishing of the Ban, first granted by His Majesty to John Wakeman and his heirs in fee simple, who bargained and sold his estate to James Hamilton, who, at the request and in the presence of the Lord Deputy that now is, made an absolute contract with the Earl of Tyrone to convey to the said Earl and his heirs the said fishing for 200l., which 200l. was afterwards paid by the Earl; but it doth not appear that any conveyance was made of the fishing by James Hamilton to the Earl before his departure, but the Earl took the profits thereof after the contract; and it is found by office, in August 1608, that the Earl at his departure was seized of the moiety of the fishing of an estate in fee, and that the said estate was come to the Crown again by the attainder of the said Earl.
Thus much touching the temporal lands in this county.
The ecclesiastical lands in this county are of four kinds:—
1. The demesne lands of the Bishop and Dean of Derry.
2. Termon and Herenagh lands.
3. Glebe lands belonging to vicars or parsons.
4. Abbey lands.
All which do lie within the diocese of Derry.
By an inquisition taken at Limavaddy, 30th of August 1609, it is found that the Bishop of Derry, before the statute of 11 Elizabeth, was seise in demesne of one ballibo called Lisnemucky, and that the Dean was likewise seised of two quarters of land called Ballionew.
Touching the Termon or Herenagh lands, it is found by the said inquisition (the Lord Bishop of Derry that now is being present and a principal commissioner in that commission by virtue whereof the said inquisition was taken), that there are certain parcels of land lying within every parish of this county whereof certain persons called Herenaghs and their septs have been possessed time out of mind, according to the Irish custom of tanistry and gavelkind, and that before the statute 11 Elizabeth these Herenaghs and their septs ought to have yielded and paid to the Bishop of Derry, in right of his bishoprick, certain rents, pensions, and other duties; but that the said Herenaghs and their septs were not removeable from the said lands at the pleasure of the said Bishop of Derry nor of any lord whatsoever; and it is also found that long before any bishopricks were erected in these parts of Ireland the temporal lords gave the said lands to certain holy men, who gave the same to the said septs of the Herenaghs, to the end they should repair the parish churches and maintain hospitality upon the said lands; and that afterwards, when the Pope erected bishops in those parts, the said rents, pensions, and other duties were imposed upon the said Herenaghs and their septs, to be paid to the said bishops, which ever since have been paid accordingly.
So as if the Herenaghs and their septs shall be adjudged the owners of the said lands, then the Bishop of Derry, before the statute of 11th of Elizabeth ought to have the said rents, pensions, and other duties only; but if they shall be adjudged to have been only tenants at will to the bishop, then the bishop ought to have the lands themselves. But because the bishop's right is not saved by the Act of 11 Elizabeth, which doth resume the whole country, all the said lands do vest in His Majesty, and the said rents, pensions, and other duties are extinguished.
1. The Herenagh lands in this county do contain 100 balliboes or thereabouts.
2. The glebe lands found to belong to parsons and vicars do contain 18 garden plots or thereabouts.
3. The abbey lands contain 22 balliboes, all which abbey lands have been brought into charge since His Majesty came to the Crown, and not before, and have been passed upon divers books of fee-farm to sundry servitors, 18 of which the late Earl of Tyrone purchased of Sir John Sidney, do now again come to the Crown by the last attainder of the said Earl; the other four parcel are of the possessions of the abbey of Avogh, and are passed to Sir Toby Calfeild. But four leases were made by the first purchasers before they were sold over to that Earl, which are yet in being. Dongeohn is the King's fort. (fn. 14)
The right of patronage of all the fee-farms in this county is found to be in His Majesty, though in former times they were in the Pope's gift.
An abstract of the several titles, whereby His Majesty and sundry other persons are entitled to the lands in the county of the city of Derry.
The county of the city of Derry doth contain the island of Derry (three parts of which island are compassed with the river of Lough Foyle, and the fourth part is divided from the country of Enishowen with a bog), and the said peculiar county doth also extend three miles every way round about the said island.
The whole island of Derry doth not contain by estimation above 200 English acres, the one moiety thereof lying within the diocese of Derry and the other within the diocese of Rapho.
The island of Derry.
By the inquisition taken at Derry, 1 September 1609, it is found that this island hath in former times been possessed part by the Bishop of Derry, part by the Dean of Derry, part by the Abbot of Derry; but the greatest part was held by two Herenaghs and their septs, the one called Laghina and the other O'Derry.
The Bishop's part in the island.
1. The Bishop of Derry is found to be seised in right of his bishoprick of a house or castle, with a garden plot thereunto adjoining, situate on the south side of the cathedral church, near the long tower in the said island of Derry; and it is also found that the Bishop and his predecessors have, time out of mind, been possessed of one orchard or park, lying on the east side of the great fort in the said island, paying unto the Herenagh Laghlina 10 white groats per annum.
The Dean's portion.
2. For the Dean of Derry it is found that he ought to have in right of his deanery a small plot or parcel of land in the said island, but the meres and bounds thereof the inquisition findeth not.
The Abbot's portion.
3. For the Abbot it is found that the site of the Abbey of Derry, otherwise called the Abbey of Columkill, is in the said island of Derry.
The Herenagh's portion.
4. For the Herenaghs it is found the two Herenaghs, one called Laghlina and the other O'Derry, and their septs, have, time out of mind, held the rest of their lands within that island, and that the portion of Laghlina lay within the diocese of Derry, and the portion of O'Derry lay within the diocese of Rapho, and that both these Herenaghs are found to belong to the Abbot of Derry, and paid nothing either to the Bishop of Derry or the Bishop of Rapho, and that all cuttings and fines for bloodshed, and the like royalties, which in the island did belong to the Abbot, and were collected by the Herenaghs, which Herenaghs could not be removed by the Bishop or either of them. And, lastly, it is found that all the Termon and Herenagh land within this county was first given by Columkill, and the succeeding Abbots of Derry by (sic) (query to) several septs before any bishops were placed in that country, which lands was free, and had the privilege of sanctuary, and was enjoyed by the septs of the Herenaghs in course of gavelkind.
In this state are all the lands within the island of Derry.
Touching the title and interest of these lands, there can be no doubt made, but only in the case of the Herenaghs.
For the Bishop and Dean of Derry are to hold their portions, and the Abbot's portion being come to the Crown by the Act of Dissolution, hath been passed to Sir James Fullerton in fee farm, and is by mesne conveyances assigned to Sir George Paulet.
For the Herenagh lands the title stands thus:—
The island of Derry is parcel of the country of Tyrconnell, called O'Donnel's country, and has ever heretofore until the first year of His Majesty's reign holden by Irish customs and not by English tenure.
The country of Tyrconnell (as I take it) is that which is over the mountain of Barnesmore, towards Ballashannon. (fn. 15)
12 Elizabeth, it was enacted by Parliament, that all letters patent granted by virtue of Her Majesty's letters or instructions unto any pretended lord of the Irishry within the provinces of Connaught or Ulster, holding his lands by Irish custom and not by English tenure, upon surrender made by the said pretended lord of his said lands and possessions unto the late Queen, her heirs and successors, should be good and effectual in the law, according to the tenor and effect of the same. Provided that this Act should not be of force to take away from any person any right, title, entry, or possession which they or any of them had or ought to have by due course of Her Majesty's laws.
The King's Majesty, by his letters dated 4 September, 1° Jacobi, doth signify His Majesty's gracious pleasure to the Lord Deputy that Rory O'Donnel should be created Earl of Tyrconnell, and that letters patent should be made unto him of the whole country of Tyrconnell (except some parcels, excepted, among which the island of Derry is not comprised), to have and to hold to him and the heirs males of his body, with remainder to Caffer O'Donnel and the heirs males of his body; the remainder to Donnel Oge O'Donnel and the heirs males of his body, and the reversion to the Crown. 1 February, 1° Jacobi, the said Rory O'Donnel being created Earl of Tyrconnell, and being pretended lord of all that country, did by his deed enrolled in the Chancery surrender unto His Majesty all the said county or territory of Tyrconnell, and all castles, lands, tenements, and hereditaments within the meres and bounds of Tyrconnell. 10th of February following, His Majesty by letters patent doth grant unto the Earl all that the country or territory of Tyrconnell, and all castles, manors, lands, tenements, and hereditaments in Tyrconnell (except the parcels excepted) in His Majesty's said letters, with the same limitation of estate as are before expressed.
By virtue of which grant, and of the said statute of 12 Elizabeth, which doth make the said grant good and effectual according to the tenor and effect of the same, the Earl had a good title to all the lands in the said country against all such as had no estate, right, or possession by the due course of His Majesty's laws; and therefore he had a good estate against the Herenaghs and their septs, who had no estate by the laws of the realm, but held their lands according to the Irish custom.
So as the said Earl and Caffer O'Donnel and Donnel Oge O'Donnel, being all attainted by outlawry, His Majesty is now entitled to all the lands in Tyrconnell [the county of Donegall] (fn. 16) by their attainter (except such lands as are excepted in their letters patent), and consequently His Majesty is entitled to the Herenagh lands lying within the island of the Derry, being parcel of Tyrconnell as aforesaid.
The rest of the lands within the county of the city of Derry do lie part in Enishowen (except the demesne lands and services of the Bishop and Dean of Derry, and the glebes of parsons and vicars) are come to the Crown, as well by the attainder of Sir Cahir O'Doherty, lately slain in rebellion, as by breach of the condition contained in his letters patent, wherein there is a proviso that if he entered into actual rebellion his letters patent should be void, whereof divers inquisitions have been taken. These lands are granted to Sir Arthur Chichester, now Lord Deputy.
The rest of the temporal lands within this county which lie within O'Cahan's country are come to the Crown by the statute of 11 Elizabeth, whereby that entire country by special name was resumed. These lands are not yet granted, but remain in His Majesty's hands to be disposed.
Touching the ecclesiastical lands of this county lying out of the island of Derry.
1. The Bishop of Derry by the said inquisition is found to have in demesne one quarter of land in Enishowen, and is also found to [have] had the possession of four balliboes in O'Cahan's country for 50 years past, out of which the Primates of Armagh have had two marks yearly, time out of mind.
2. The Dean of Derry is found to have four quarters in O'Cahan's country.
3. There are but two parishes within this county wherein the parson and vicar have no glebe but two garden plots.
4. The abbey lands contain 18 quarters or thereabouts, and are all granted in fee farm to Sir Henry Brouncker by letters patent dated 29 August, 2° Jacobi, which by mesne assignments are come into the hands of Sir George Paulett.
Sir Henry Docwra's lease dated 25 May 1602, 1603, he got le island de Derry; Sir Ralph Bingley's lease, 18th May, 1 James, de le Derry or le Island; Sir George Carie's grant of fee simple, dated 3 April, 2nd of King James, del scite de Columkill, containing, duas crestas terræ eidem monasterio adjacentes, ac medietatem insulæ de Derrie in dicto comitatu nostro de Donegall extendentes, a scitu dicti monasterii usque ad fluvium de Loughfoyle ex orientali parte, et a scitu predicto usque ad extremum terminum dictæ insulæ a ex australi parte quæ continet dimidium unius parvæ quarteriæ terræ pasturæ et [ ] per annum; in toto sex solidos et octo denarios, parcellas terrarum et possessionum nuper monasterii sive domus canonicorum de Derrie vocatam abbatiam Sancti Columbæ, alias Columkillyæ prædictæ in comitatu nostro de Donegall. Ac etiam scitum et precinctum nuper capellæ sive Domus Monialium de Derrie prædictæ in dicto comitatu nostro de Donegall. Ac etiam medietatem dictæ insulæ de Derrie extendentem a terris dicti monasterii Sancti Columbæ in quaque parte usque ad extremum terminum dictæ insulæ ex boreali parte, quæ continent in se dimidium unius parvæ quarteriæ terræ pasturæ, super quam nuper ædificabantur quædam domicilia pro habitatione incolentum valentes per ann. 13s. 4d. ac unam aliam quarteriam terræ, vocat' Ballinecallagh, prope villam de Ellagh in dicto comitatu; et attingat in toto inter se ad 16 sol' et octo denariis, et nunc aut nuper parcellæ dictæ capellæ sive domus monialium de Derry prædictæ. (fn. 17)
An abstract of His Majesty's title to the lands in the county of Donegall.
The country of Tyrconnell, called O'Donell's country, being now reduced into a county, is called the county of Donegall, and is divided into five baronies:—
5. Boylagh and Bannagh.
This country, until the first year of His Majesty's reign, was always a mere Irish country, not governed by the common nor statute laws of this kingdom, nor subject to the ordinary ministers of justice, for the King's writ did never run there, neither before that time any sheriff, coroner, justice of assize, nor gaol delivery exercised authority in that country; but the inhabitants thereof were governed by the O'Donnells as lords or chieftains of that country, who had cuttings, spendings, bonaght, and all other Irish exactions of all the inhabitants therein, and took upon them to have absolute power over their lives, lands, and goods, as other Irish lords of countries not reduced had ever used; and the possessions of that country were ever enjoyed according to the Irish customs of tanistry and gavelkind, and the laws in use were only the Brehon laws.
Write the effect of the statute of 12 Eliz. de Surrenders (sic).
The state of this country standing thus: His Majesty by his letters under the privy signet dated 4 September, 1 Jacobi, did signify his gracious pleasure unto the then Lord Deputy that Rory O'Donnell should be created Earl of Tyrconnell, and that the whole country of Tyrconnell (except certain parcels hereafter named) should be granted to the said Rory and the heirs males of his body, with other remainders over.
Afterwards the said Rory being created Earl of Tyrconnell, and being pretended lord of all that country, did by his deed enrolled in the Chancery, dated 1 February, 1° Jacobi, surrender unto His Majesty, his heirs and successors, all the said country and territory of Tyrconnell.
His Majesty by letters patent, dated 10 February then next following, did grant unto the said Earl all the country and territory of Tyrconnell, and all castles, manors, lands, tenements, and hereditaments in Tyrconnell (except the lands which were belonging to any religious house dissolved), and except the castle, town, and fishing of Ballishannon, and one thousand acres thereunto next adjoining, and except Castle Finne, and all the lands in the possession of Sir Neale Garve O'Donnell, which were the territories of Glanfyn and Monganagh, and except O'Doherty's country, which containeth the whole barony of Enishowen, with a limitation of estate to the heirs males of his body, the remainder to Caffer O'Donnell, the brother, and the heirs males of his body, the remainder to Donnell Oge O'Donnell and the heirs males of his body, the reversion in the Crown.
This grant being made by virtue of His Majesty's letter and upon the surrender of a pretended lord of the Irishry of lands newly subdued and reduced under the English Government, as well by the rules of the common law as by the statute of 12 Elizabeth, is made good and effectual, according to the tenor and effect of the same, against all persons but such as have estates by the due course of His Majesty's laws, and therefore all the inferior lords and tenants of Tyrconnell holding their lands by the Irish customs of tanistry and gavelkind, not by the course of His Majesty's laws (except such as possessed the lands as are excepted out of the grant made to the Earl), were bound by this grant as well because they could make no title nor claim any estate in law against the patentee, as also because the said Act of 12 Elizabeth doth make such letters patent good and effectual as aforesaid; so as the Earl had a good estate in possession in all the lands of Tyrconnell, except the lands excepted in his grant, and also except the lands of bishops, parsons, and vicars, who have estates in succession, whereof the common law taketh notice. But touching the Herenagh lands, being inherited by divers Irish septs, according to the Irish customs of tanistry and gavelkind, the inheritors thereof cannot make any title thereunto against the said letters patent, because they have no estate by the due course of His Majesty's laws.
After which grant the said late Earl obtained from O'Boyle, M'Swyne Bannagh, M'Swyne Faynett, and M'Swyne Ado, inferior lords of that country, several feoffments or releases of their several territories, as it is found by an inquisition taken at the Lifford, 9th August 1608, of which inferior lords only M'Swyne Ado had formerly obtained letters patent of his country from the late Queen Elizabeth, date [ ].
The said Earl of Tyrconnell having such estate in all the lands, tenements of Tyrconnell (except the lands excepted in his letters patent, 10 January, 2 Jacobi), did commit high treason, whereof he now stands indicted and attainted by outlawry, 19 April, 7 Jacobi, and the said Caffer O'Donnell and Donell Oge O'Donnell, 3 September, 5 Jacobi, did likewise commit high treason, whereof they are also indicted and outlawed, 9 June, 6 Jacobi, and sithence, viz., 9 August 1608, an inquisition was taken by virtue of a commission under the great seal, whereby it is found that the Earl was seised at the time of his treason committed of all the said country of Tyrconnell in his demesne as of fee tail, with the remainders over as aforesaid.
Howbeit in the meantime between the treason found to be committed by the Earl and his attainder, the Earl made divers mortgages and other conveyances of divers parcels of land and fishings in the said country of Tyrconnell.
The conveyances made by the Earl are these:—
1. The Earl by his deed dated 28 February, 1° Jacobi, did grant unto Nicholas Weston and his heirs the moiety of the fishing of Loughfoyle in Tyrconnell for 1,000 years, upon condition that if the Earl did pay 200l. sterling to Weston, that lease should be void, and that after, he should hold the same for seven years only; and afterwards by another deed dated 26 February, 2° Jacobi, the Earl did grant the said moiety of the fishings of Loughfoyle, so as the same did not extend two miles above Lifford Castle, unto James Hamilton and others and their heirs, rendering 10l. rent per annum.
Afterwards, viz., termino Michaelis, 3° Jacobi, a common recovery was suffered in the Court of Common Pleas at Dublin of the said fishings wherein the Earl was vouched and entered into the warranty and vouchers, according the common voucher, which recovery was to the use of James Hamilton and his heirs. These conveyances are void against His Majesty, because the said Earl is now dead, and the said recovery was suffered since the treason whereof the Earl is attainted, was committed; besides we take the fishing of Loughfoyle to be a royal fishing, because Loughfoyle is a navigable river as far as the Lifford, and ebbs and flows to the latter, but the water is fresh, and so it never was granted to the Earl, and no special mention of that fishing in his letters patent, and consequently he had no power to convey the same, but general words of all fishings belonging to Tyrconnell, which extends to the river, and the river divides Tyrone and Tyrconnell.
Termino Michaelis, 3° Jacobi, the Earl suffered another recovery of certain lands called Kil or Kil M'Itrien, and other parcels of land in the barony of Kil M'Creenan, and did covenant to execute an estate therein unto one Patrick Conley of Dublin, merchant, and afterwards the said Earl and his recoverors did execute a feoffment thereof unto the said Conley, which feoffment is dated in June, 5° Jacobi, which was not above three months before the said Earl fled out of this kingdom; this conveyance is also void in law.
The said Earl did also make a feoffment of the castle of Do and eight quarters of land in or near Rathmullan unto John Arthur, of Dublin, merchant, which feoffment beareth date 8 July, 5° Jacobi. This conveyance is also void in law.
The said Earl did also convey unto Nicholas Weston, of Dublin, alderman, and his heirs, 29 quarters of land in Portlagh and Tirebrassil, and thereupon, termino Mich. 4° Jacobi, did levy a fine and suffer a common recovery of the said lands to the use of the said Westen and his heirs. This conveyance is also void in law.
There are allowed by the Lord Deputy and Commissioners to the mother of the late Earl of Tyrconnell, quarters of land lying in the barony of Rapho, to hold the same during her life, and quarters of land to the widow of O'Boyle during her life, which assignation is made by virtue of His Majesty's instructions in that behalf. But no estates are passed to convey them.
In this estate are all the lands granted to the Earl in this county.
Touching the lands excepted out of the Earl's patent:—
O'Dogherty's country, containing the entire barony of Enishowen, being a mere Irish country, Sir John O'Dogherty, Knight, being pretended lord thereof, did by his deed dated 15 June, 30 Elizabeth, surrender all the castles, manors, lands, tenements, and hereditaments in the several territories lying within Enishowen unto the said late Queen, her heirs and successors for ever.
Queen Elizabeth, by letters patents dated 28 June, anno 30°, did grant all the said manors, lands, tenements, and hereditaments unto the said Sir John O'Dogherty and his heirs for ever, with a proviso that if the said Sir John O'Dogherty, his heirs or assigns, should commit treason or rebellion against Her Majesty, her heirs or successors, that then the said letters patent should be void.
Sir John O'Dogherty, being in actual rebellion, died 2nd February, 44° Elizabeth, and Sir Cahir O'Dogherty, his son, being received to grace, obtained new letters patent of the said country dated 28 January, 2° Jacobi, with a limitation of estate to the said Sir Cahir, and the heirs male of his body, the remainder to John O'Dogherty, and the heirs males of his body, the remainder to Rory O'Dogherty and the heirs males of his body, the reversion in the Crown, with a proviso that if Sir Cahir or any of the rest in the remainder did enter into actual rebellion, the letters patent should be void.
Afterwards, viz., 13 October, 6 Jacobi, it was found by inquisition that the said Sir John O'Dogherty did enter into actual rebellion, 2 May, 37 Elizabeth; and it is also by the said inquisition found that Sir Cahir O'Dogherty, 20 May, anno 6° Jacobi, did enter into actual rebellion, and that the said letters patent became void.
2. Touching the lands of Glanfynne and Monganagh (which were possessed by Sir Neal O'Donnell, and excepted out of the Earl's grant, with an intent that the same should be passed to the said Sir Neale), the said lands were never granted to the said Sir Neale because he neglected to pass the same, holding it too small a portion for himself, howbeit being advised to pass letters patent thereof, he made surrender of the said lands to His Majesty by deed enrolled bearing date [ ]; but before he had sued out his letters patent, he practised and conspired with O'Dogherty in his late treasons, whereof he now standeth indicted.
3. Touching the castle, lands, and fishings of Ballishannon, and the 1,000 acres thereunto adjoining (which are also excepted out of the late Earl's grant); the same are granted to Sir Henry Folliott, Knight, for 21 years if he so long shall live, for the rent of [ ].
4. Touching the abbey lands, excepted also out of the said late Earl's grant; this is the state thereof:—
The Abbey of Kilmacreenan, containing 31 quarters and some other parcels belonging to other small religious houses dissolved, containing five quarters, were granted in fee farm to Sir James Fullerton, by letters patent, dated 11 October, 1° Jacobi, and by him conveyed over to Sir Ralph Bingley, who bargained and sold the same to the late Earl of Tyrconnell and his heirs, by whose attainder the said lands are come again to the Crown. Albeit the said Earl by his feoffment dated 20 November 1606, did convey the said lands of Kilmacreenan unto the said Nicholas Weston, which was made after the Earl's treason committed.
Q're. del mr Serveyor pur cest parcel.
The possessions of the religious house of Kiladonnell, containing three quarters, passed by His Majesty in fee farm, and assigned to Captain Basill Brookes, whose estate is good in law for ought appearing unto us.
The island of Torrey and four quarters of land, the lands of Bealahane, containing three quarters passed in fee farm to Sir James Fullerton, by letters patent dated 12 October, 1° Jacobi, and by him conveyed to Sir Ralph Bingley, who sold the same to the late Earl of Tyrconnell, by whose attainder the said lands are escheated to the Crown.
The Abbey of Asheroe, containing 14 quarters, passed to Auditor Gofton in fee farm, and assigned to Sir H. Folliott.
Touching the other ecclesiastical lands in this country:—
1. The Bishop of Derrye's demesnes are found to be 13 quarters.
2. The Bishop of Raphoe's demesnes are found to be 23 quarters.
3. The Dean of Raphoe's demesnes are found to be but one quarter.
4. The glebes of vicars and parsons do contain only [ (fn. 18) ].
5. The Herenagh lands, out of which the Bishops of Derry and Rapho have pensions, rents, and other duties, do contain 30 quarters or thereabouts.
The title of which Herenagh lands stand thus: [ (fn. 18) ].
An abstract of His Majesty's title to the lands in the county of Fermannagh.
The country of Fermannagh, called M'Guyres country, being reduced to a county, doth contain seven baronies, viz.:—
5. Maghery Steffana.
7. Coole. two half Tirecannada. baronies.
This country being a mere Irish country, not reduced to a shire nor governed by the laws of England, but wholly subject to the Irish lords and customs, as is said before of Tyrconnell; Coconaght M'Guyre being lord or chieftain thereof, did by deed enrolled in the Chancery, dated 1 June, 27° Elizabeth, surrender unto Her Majesty, her heirs and successors, the whole and entire country of Fermannagh, and all castles, lands, tenements, and hereditaments in Fermannagh.
Afterwards, according to instructions signed by the late Queen Elizabeth, and transmitted to Sir John Perrott, then Lord Deputy, letters patent were made unto the said Coconaght M'Guyre, whereby the whole and entire country of Fermannagh, and all castles, manors, lands, tenements, and hereditaments in Fermannagh, were granted unto the said Coconaght and his heirs for ever. Coconaght M'Guyre died, by and after whose death the said country, lands, &c. descended and came unto Hugh M'Guyre, as son and heir of the said Coconaght M'Guyre. Hugh M'Guyre being seised of the said country by virtue of the said letters patent, did adhere to the late arch traitor. Tyrone, and was slain in actual rebellion against the late Queen Elizabeth, whereof divers inquisitions have been taken.
Hugh M'Guyre being slain, by special instructions from the late Queen Elizabeth, the whole country was granted to Connor Ro M'Guyre by letters patent, dated 20 February, 43° Elizabeth, with a limitation of estate to him and his heirs males for ever, the words, "of his body," being omitted by the negligence of the clerk.
Afterwards, viz., 1° Jacobi, Coconaght Oge M'Guyre, brother to the said Hugh, being received to grace and pardoned, His Majesty signified his gracious pleasure to the Lord Deputy and Council that they should treat with Connor Ro M'Guyre to surrender his former grant of the whole country and to accept a competent quantity thereof, so as the rest might be granted to Coconaght Oge M'Guyre. Whereupon the Lord Deputy and Council, calling both parties, drew them to an agreement touching their portions, which agreement was entered in the Council book, 14 January 1603, to this effect, viz.:
That Coconaght Oge M'Guyre should have granted unto him and his heirs the castle of Eniskillin, the half barony of the Coyle, the barony of Lurgue, the barony of Magheryboy, the barony of Clinawley, so much of the barony of Knockninny as lieth on the west and south side of Loughearne, together with the islands of Loughearne, anciently belonging to every of the said baronies; and that Connor Ro M'Guyre should have granted unto him the barony of Maghery Steffana, the barony of Clancally, the half barony of Tyrcannada, and the Toy of Conteneyes [Colenerer], being part of the barony of Knockninny, lying on the north side of Loughearne, with all islands belonging to any of the said baronies, under such rents and services rateably as were reserved upon any former grant of the said country.
Hereupon Connor Ro M'Guyre, by his deed enrolled in the Chancery, dated 16 January, 1° Jacobi, did surrender unto His Majesty all his estate in the said country, and hath since enjoyed only the portion allotted unto him by the said agreement, but hitherto he hath not obtained any letters patent thereof, neither did Coconaght Oge M'Guyre sue out any letters patent of the portion assigned to him, but became a traitor and a fugitive, and is since dead, being outlawed and attainted of high treason.
In this state are all the temporal lands in this county.
Touching the ecclesiastical lands:—
The greatest part of this county doth lie within the diocese of Clogher.
1. The Herenagh lands lying within the diocese of Clogher do contain tathes [ (fn. 19) ] (sic), out of which the Bishop of Clogher hath pensions, rents, and other duties, which are found by inquisition at Eniskillin, September 1609.
That part of this county which lieth within the diocese of Ardagh doth contain [ ] parishes, and the Herenagh lands there, out of which the Bishop of Ardagh hath pensions, rents, and other duties do contain [ ] tathes, as it is found by the said inquisition.
2. The Abbey lands containing [ ] tathes and [ ] small islands in Loughearne, are granted in fee farm to Sir Henry Brunkar, Knight.
3. The glebe lands of parsons and vicars do contain but [ (fn. 20) ] tathes thoroughout this county.
4. The advowsons [ ].
An abstract of His Majesty's title to the lands in the county of Cavan.
This country, called Breny O'Rely, and now reduced to a county called the county of Cavan, being a mere Irish country wherein all the possessions did run according to the Irish customs of tanistry and gavelkind, and not according to the course of the laws of England, 19 August, 4° Jacobi, an inquisition was taken at Cavan in the said county by virtue of a commission under the great seal of Ireland to Sir James Ley, then Lord Chief Justice of Ireland, and others directed, whereby it was found that one Phillip O'Rely was seised in his demesne as of fee, and of fee and right, of and in the whole country or territory of Breny O'Rely in the said county of Cavan, and the issues and profits of all the said country of Breny O'Rely, and of every parcel thereof, did take to his own proper use, and did dispose the same at his own will and pleasure; which said country of Breny O'Rely did contain seven entire baronies, viz., the barony of Loughty, otherwise called the barony of Cavan; the barony of Tullaghgarvey, the barony of Clanchy, the barony of Castlerahen, the barony of Clanmahon, the barony of Tullaghknogho, and the barony of Tullaghchagh, and that the said Phillip O'Rely being so seised of the premises, 1 August, 38° Elizabeth, did enter into actual rebellion against the said late Queen Elizabeth, and being in actual rebellion, 19 October, in the said 38th year of Queen Elizabeth, the said Phillip at Cavan aforesaid was slain in actual rebellion, by reason whereof all the said territory or country of Breny O'Rely, and every parcel thereof, and all and singular the premises, did come unto the hands of the said late Queen Elizabeth, and are now in the actual possession of His Majesty, as is found by the said inquisition.
Since which time, by virtue of His Majesty's letters, dated 16 July, 5° Jacobi, a grant in fee farm hath been made unto the Baron of Delvin and the Lady Baroness of Delvin, his mother, of [ ] polls of land in the barony of Clanmahon in the said county.
And also by virtue of other letters from His Majesty, dated [ ], another grant in fee farm hath been made unto Garrett Fleming, Esq., of [ ] polls of land in the barony of Clanchy.
In this state are all the temporal lands in this county.
Touching the ecclesiastical lands:—
This county doth lie within the diocese of Kilmore, and by an inquisition taken [ (fn. 21) ] September 1609, it is found that,—
1. The Lord Bishop of Kilmore hath [ ] polls as his demesne or mensal lands, and that he ought to have pensions, rents, and other duties out of [ ] polls of Herenagh land within that county.
2. The abbey lands already granted in fee farm do contain [ ] polls of land.
3. The glebe lands belonging to parsons and vicars do contain [ ].
4. The advowsons are found to [ ].
Hol. Endd.: "The cases of Armagh, 1; Tirone, 2; Colrane, 3; Derry, 4; Donegall, 5; Fermannagh, 6; Cavan, 7."
948. Vice-Treasurer's Account, for half a year ending at Easter 1609. (fn. 22) 1609. S.P., Ireland, vol. 230.
Receipt of the rents, revenues, and casualties received by Sir Thomas Ridgeway, Knight, Vice-Treasurer and ReceiverGeneral of the kingdom aforesaid, for the space of one halfyear, ended at the feast of Easter, in the 7th year of the reign of King James I., and in the year of our Lord 1609; viz.:—
8 April 1609.
From Sir Thomas Roper, Knight, farmer of divers customs and chief rents belonging to the late Earl of Desmond, attainted, lying in the country and territories of Desmond and Clanmorres, at 10l. per annum, for half a year due and ended at the feast of Easter, in the 7th year of the reign of King James I., 100s.
From Sir Francis Barcklie, Knight, farmer of the town and lands of Athnes, in the county of Limerick, parcel of the possessions of Donnogh M'Teig, attainted, at 23s. 4d. per annum, tenant of Magnestie, alias Rockbarklie, with other things in the county aforesaid, at 96l. 13s. 4d. per annum; and the castle of Askeating, in the county aforesaid, at 61s. 4d. per annum. In all, for the rents of the same for half a year due and ended as aforesaid, 50l. 9s.
From Donat, Earl of Thomond, as a fine for the wardship of the body and lands of Teig M'Donell Reagh M'Nemarra, late of Garrowragh, in the county of Clare, deceased, at 20s. per annum, granted to the said Donat by the King's letters patent, 100s.
13 April 1609.
From Henry Piers and John Cusacke, gentlemen, as a fine for the wardship of the body, lands, and marriage of Patrick Barnewall, son and heir of James Barnewall, late of Monckton, gentleman, together with a grant of intrusions and alienations, 6l. 13s. 4d.
18 April 1609.
From Martin Codd, grandson and heir of Martin Codd, of Castletowne, in the county of Wexford, gentleman, deceased, as a fine for the livery of his lands out of the King's hands, together with a pardon of intrusions and alienations, 10l. 10s.
From William Cowley, Esq., for a third part of the vicarage (?) of Carbry, at 23l. per annum, parcel of the possessions of the late Priory of Connals, lying in the county of Kildare, for the rent thereof, viz., for his proportion for one whole year, due and ended at the feast of Easter, in the 7th year of the reign of King James I., 8l.
[This account is in Latin, and fills an entire volume of 439 pages; but the entries translated above will suffice as a specimen of the entire. It is arranged under nine heads:—
(1.) Receipts of revenues and casualties received by Sir Thomas Ridgeway, Knight, General Receiver of the kingdom, for the half-year ending Easter, in the seventh year of King James I., Anno Domini 1609.
(2.) Receipts of the composition of the Pale and Connaught, for the half-year ending Easter 1609, 7th James I.
(3.) Receipts of revenues for the Province of Munster, received by Sir Richard Morrison, Knight, Vice-President of the Province, and Deputy of Sir Thomas Ridgeway, Knight, for the half-year ending Easter, 7th James I.
(4.) Receipts of the composition of the Province of Munster, for the half-year ending Easter, 7th James I.
(5.) Receipts of revenues for the Province of Connaught, received by John Davis, Deputy Vice-Treasurer, for the halfyear ending Easter, 7th James I.
(6.) Receipts of revenues and casualties received by Sir Thomas Ridgeway, Knight, Vice-Treasurer and General Receiver of the kingdom, for the half-year ending Michaelmas, 7th James I., 1609.
(7.) Receipts of the composition of the Pale and Connaught, for the half-year ending Michaelmas 1609, 7 James I.
(8.) Receipts of revenues, &c., for the Province of Munster, for the half-year ending Michaelmas 1609, 7th James I., received by Sir Richard Morrison, Knight.
(9.) Payments made as well to patentees for fees, pensions, and annuities, for the year ending at Michaelmas last past, 1609, as to divers other persons, by several warrants and other directions, for service by them done to His Majesty and other respects within the time aforesaid, according to the particulars hereafter following.
Pp. 439. Latin. Endd. as above.
949. The King to the Treasurer at Wars. (fn. 23) 1606. [June 30.] Add. P., Ireland. P.R.O.
Sends herewith an Establishment, signed with his hand, of the forces and charges of the realm of Ireland, the same being begun in the lifetime of the late Lieutenant, but finished since by such of the Council as have been deputed to attend to the affairs of that kingdom. Has sent the same to the Deputy, and requires him (the Treasurer of Ireland) to make his payments according to it. Having given warrant to the Deputy, upon any accident extraordinary, to levy one or two thousand men or more, he also authorises the Treasurer to pay them according to the warrant of the said Deputy. —Greenwich, 30 June, in the fourth year of the reign.
P. ¾. Endd. "30 June 1606. To the Treas. at Warres for Ireland, with the Establishment."
950. Lords of Council to Sir Arthur Chichester. 1608. [May 25.] Philad. P., vol. 3, p. 381.
The bearer [not named] having been recommended by the Earl of Southampton and Sir John Jephson, under whom he served in the late Irish wars, for a grant for twenty-one years of the constableship of the castle of Armagh, and it having been reported by Sir Anthony Sentleger and Sir James Ley, that such grant would not be prejudicial to the plantation of Ulster; their Lordships refer his suit and petition to the Lord Deputy, with a recommendation for its favourable consideration.—Greenwich, 25 May 1608.
Signed: R. Salisbury, H. Northampton, T. Suffolke, J. E. Worcester, W. Knollys, Jul. Cæsar, J. Herbert.
951. The King to the Lord Deputy and Chancellor. 1609. [March 27.] Philad. P., vol. 2, p. 1.
For the better ordering of the Exchequer, and settling a form for the receipt of casualties in Ireland, the King had caused some questions to be addressed to the ancient officers of the Exchequer. Sends herewith their answers in writing, and directs the Lord Deputy and Chancellor to cause the same to be put in execution. And as this may involve some loss to certain officers, the King directs that they may be indemnified out of the casualties of the Exchequer, in case the amounts be not large; otherwise they are to be referred to His Majesty's consideration, with a certificate of their defect. —Westminster, 27 March, in the seventh year of the reign.
P. 1. Signed at head. Add. Endd. Signature torn off.
952. Minute to the Lord Deputy. [April 5.] Add. P., Ireland. P.R.O.
Have caused a project to be made for the distribution of escheated lands in Ulster, which is so well approved of that it is not to be altered in any point of substance.
On consideration, they propose to grant to the Lord Deputy and his heirs, the entire barony of Enishowen, called O'Doghertie's Country, in co. Donegal, in the same manner as the late traitor, or his father, Sir John O'Dogherty, held the same.
The Lord Deputy to yield the same rent as the English and Scottish undertakers, and to plant one freeholder at least in every 1,000 acres, and to perform the other articles of the plantation as a servitor in that kingdom.
Such lands to be excepted out of the grant as are allotted to the Bishop of Derry, and the incumbents of the several parishes within the barony.
P. 1. In the hand of Sir John Davys. Endd.
953. The King to Sir Arthur Chichester. [May 13.] Add. P., Ireland. P.R.O.
Directs him to appoint Sir Francis Aungier, Master of the Rolls in Ireland.
P. 1. Sealed. Add. Endd.: "Angier."
954. The King to Sir Arthur Chichester. [June 7.] Add. P., Ireland. P.R.O.
Warrant for John and Daniel Leigh to have the command of Fort Omagh, in Tyrone, which they had built at their own cost.
Pp. 2. Endd.: "To the Lord Deputy, for John and Daniel Leigh."
955. Plantation of Ulster. [June 9.] Add. P., Ireland. P.R.O.
Articles of instructions for the commissioners appointed for the plantation of Ulster, to be sent to the Lord Deputy.
Pp. 2. Endd. [See supra, p. 213.]
Also the appointment of the commissioners and their authorities, under six heads.
956. The King to [the Attorney and Solicitor-General]. [Aug. 31.] Add. P., Ireland. P.R.O.
The account of Sir Thomas Ridgeway, Treasurer-at-War having been taken by virtue of His Majesty's commission to some of the Council, such accounts beginning 1 July 1606 and ending September 1607; and having been perfected and allowed by them, he now sends the ledger thereof, containing 120 sheets of paper, to the end it may be delivered up on oath by Sir Thomas, authorising either of them to take his oath thereon; which having been duly entered in the book and subscribed by them, is to be sent back to the Treasurer of England to remain here.—Hampton Court, 31 August 1609.
P. 1. "Signed by the King." Endd.: "Treasurer at Wars."
957. Appointment of John Corbett as Muster-Master. [Nov.] Add. P., Ireland. P.R.O.
Appointment of John Corbett, Muster-Master of Ireland, but resident in England, with 6s. 8d. per diem.
Pp. 2. Endd.: "Mr. Corbet. Nov. 1609."
958. Undertakers for Plantation of Ulster. Add. P., Ireland. P.R.O.
"The number of undertakers for the plantations of Ulster." 1. English and Scottish, who are to plant with English or Scottish, 123. 2. of servitors, 41. 3. of natives, 63. In all, 228 freeholders.
Of these, the only difficulty will be to supply the English and Scottish undertakers, viz., 123; for there will be more servitors and natives suing for portions than there are portions assigned for them.
P. 1. In the hand of Sir John Davys. Endd.: "The number of undertakers."
959. Grant to William Rendall. Add. P., Ireland. P.R.O.
Grant from the King to William Rendall, gentleman, and Wm. Leigh, yeoman, of so much of his lands, &c. in Ireland as amount to the yearly value of 33l. 6s. 8d., sterling money of England. Also of 10,000 acres of the Earl of Tyrone's lands in fee-farm.
Pp. 2. Endd.
960. Deans and Chapters for Down, Connor, and Dromore. Add. P., Ireland. P.R.O.
Minute of a warrant for the erection of Deans and Chapters in the Bishoprics of Down, Connor, and Dromore.
Pp. 2. Endd.
961. Lord Delvin to Earl of Salisbury. 1610. [Feb. 10.] S.P., Ireland, vol. 231. 7.
Has been moved by the Lord Deputy to perfect a second surrender of all his lands in county of Longford. Is informed by his counsel, to whom he submitted the deed, that this may prejudice his claim under His Majesty's grant, confirming to him the lands in that county, not pertaining to Rosse and Brian O'Farrall. Nevertheless, he has perfected the deed; and he relies on His Majesty's grace that he will have the benefit of this grant for a few parcels in the county, some of which were purchased by his father, seeing that it was by his (Lord Delvin's) travail and great charge that the King's title was first brought to light in that county. Prays for Salisbury's support of his suit.—Dublin, 10 February 1610.
P. 1½. Hol. Sealed. Add. Endd.
962. The King to the Lord Deputy and Chancellor. [April 3.] Add. P., Ireland, Bundle 242. P.R.O.
Directs them to accept surrender of Thomas, Earl of Ormond and Ossory, and of Theobald, Viscount Butler of Tulleophelim, of the castles of Kilkenny, and of the lordship of Arclo and Tulleophelim, and all their appurtenances, and of all their other castles, lordships, manors, and other possessions in the realm of Ireland, and to re-grant the same to them (excepting the liberty of the county of Tipperary and all such chiefries,) by letters under the great seal. Given at the palace of Westminster, 3 April, in the 8th year of the reign.
Pp. 2. Orig. Signed. Sealed. Add. Much mutilated. [See supra, p. 426.]
963. The King to [Lord Deputy and Chancellor]. [April 3.] Add. P., Ireland. P.R.O.
Copy of the above.
Pp. 3. Signed by Sir Thomas Lake.
964. Lords of the Council to the Lord Deputy and Council. [Sept. 3.] Philad. P., vol. 4, p. 109.
Direct that David Condon, son of Patrick Condon, be restored to his blood and to all the lands contained in the King's letters patent, being the late possessions of his father, deceased, passed after a late hearing of five days, before His Majesty's Privy Council, of the case between the said David Condon, son and heir of Patrick Condon, deceased, and Arthur Hyde, son and heir of Arthur Hyde, deceased. At the hearing it appeared that Patrick Condon, being wrongly attainted for burning the old castle of Ballyhenden, where he took certain rebels, was forced to procure a pardon; yet his lands were passed by letters patent to Arthur Hyde, Marmaduke Redman, and Thomas Fleetwood, deceased; he was subsequently restored, however, by orders from the Privy Council to the then Lord Deputy and Vice-President of Munster. But the said Arthur Hyde then suggesting that Patrick Condon had been attainted by outlawry in the 24th year of the late Queen, for being in action with James Fitzmaurice, and was also attainted for being in rebellion with Gerot, late Earl of Desmond, the said Patrick Condon was removed, and Hyde restored to so much as had been granted him by the former letters patent. Since that time (some five years past), David Condon repaired to them (the Council), and affirmed that his father was never in action with James Fitzmaurice as alleged, and produced a letter from the Earl of Ormonde, testifying so much, and also affirming that on his (the said Earl's) return to Munster as general of the Queen's forces there, he received the said Patrick Condon, who was then one of the principal adherents of Gerald, Earl of Desmond, to mercy, and promised him, in the Queen's name, pardon and restitution; and that thereupon said Patrick Condon did acceptable service, as appears by the said Earl of Ormonde's letter, dated 13th August 1593. The Earl of Essex's letter to the said Patrick Condon was also produced, promising Her Majesty's gracious favour. It was therefore ordered by them (the Lords) that both of them, said David Condon and Arthur Hyde, should surrender their lands to the Crown, to the number of 81 ploughlands which being done, His Majesty thereupon granted the said lands to David Condon and his heirs, subject to 12d. yearly rent per ploughland, and composition; and for the satisfaction of said Arthur Hyde, another course has been taken.
The said David Condon is to be protected against all suits to be moved against him by the said Arthur Hyde, Marmaduke Redman, and Thomas Fleetwood. And although the said Patrick Condon failed in the beginning in his loyalty (which proceeded rather out of discontent which he conceived in the prosecution of his law causes, than out of any natural inclination to disloyalty), yet having in his latter days shed his blood in the service of the State, and last of all, having lost his life by means of a cruel wound received, his thigh bone being broken, His Majesty accepts thereof as an expiation of his former misprisions.—3 September 1610.
Signed: T. Ellesmere, Canc., R. Salisbury, H. Northampton, Lenox, Notingham, Suffolke, Gilb. Shrewsbury, E. Worcester, Jul. Cæsar.
Pp. 2½. Add. Endd.: "From the Ll. of the Council, touchenge Mr Condon and Arthur Hide. Receaved the 20th of November 1610."
965. The King to Sir Arthur Chichester. [Sept. 13.]
By letters patent under the Great Seal, dated 23d June 1608, there was granted to Thomas Read and Walter White, or the longer liver of the two, the office of General Escheator in the counties of Dublin, Wicklow, Wexford, Kilkenny, Catherlagh, Kildare, the King's and Queen's County, Louth, Meath, Westmeath, and Longford, and in and through the province of Leinster, and in all other counties and places wheresoever within the English Pale and elsewhere in Ireland out of the provinces of Munster, Connaught, and Ulster, in reversion to Nicholas Kennie, the present escheator and feodary. Some doubts having arisen as to the validity of this grant to two joint patentees, and the said Thomas Read having by deed released to White all his interest, the King is pleased to accept a surrender at the hands of White, and to re-grant the office to him to be held by himself or deputy during good behaviour.—Westminster, 13 September 1610.
Pp. 2. Copy. [See supra, p. 515.]
966. The King to Sir Arthur Chichester. [Oct. 16.] Philad. P., vol. 2, p. 5.
Warrant to accept a surrender from Cahir O'Callaghane, of Dromynine, in the county of Cork, and Art O'Keiff, of Dromagh, in said county, as well in consideration of the good service done by the said Cahir to the late Queen, as of the well deserving of the said Art, of the castles, manors, lands, &c., of Dromynine, Drommore, Gortnegre, Ballywine, Ballyhostie, Ballynefehie, and Garrymacwohny, and all other lands to them the said Cahir O'Callaghane and Art O'Keiff belonging, and thereupon to re-grant the same without fine to them, either jointly or severally, as they shall desire, to be held by them, their heirs and assigns, of the King in common soccage, as of the castle of Dublin, subject to the present rents.—Westminster, 16 October, in the 8th year of the King's reign.
Pp. 1½. Signed at head. Add. Endd.