James I: August 1613

James I: August 1613

735. The King to Lord Chichester. [Aug. 10.] Philad. P., vol. 2, p. 150.

Extents and surveys of lands should be duly returned into the Exchequer to remain of record in the Auditor's office as is the custom in England; and the arrears due upon receivers' accounts should be collected into a separate book and speedily called in.—Salisbury, 10 August, in the eleventh year of the reign.

P. 1. Sign manual at head. Add. Endd. Enrol.

736. The King to Lord Chichester. [Aug. 10.] Philad. P., vol. 2, p. 152.

Had granted by letters patent of 20 December in the first year of his reign, to Patrick Pitcarne, one of the servants of the Privy Chamber, the office of clerk of the council of Connaught, in reversion to Edward White, with all the customary fees and privileges. As the said Pitcarne by reason of his residence in Scotland could not conveniently take charge of the office on the death of Edward White, His Majesty had directed his Lordship, by letters dated at Royston on the 1st of last December, to accept a surrender of his (Pitcarne's) letters patent, and to make another grant of the office to John Tristan, gentleman. Although His Majesty had directed that Tristan should be forth with put into possession of the office, he is given to understand that he has been resisted by the adverse claim of one William Breerton, who alleges a right in virtue of former letters patent. His Majesty therefore directs his Lordship, with the assistance of such of the judges as he may think fit, to hear and determine this controversy, and to adjudge the possession of the office to whichever of the parties shall appear to have the just claim thereto. —Salisbury, 10 August, in the eleventh year of the reign.

Pp. 2. Sign manual at head. Add. Endd.

737. The King to Lord Chichester and the Lord Chancellor. [Aug. 10.] Philad. P., vol. 2, p. 154.

In consideration of the long and faithful services of Sir Arthur Savage, who has held special places of honour and command in the wars, and of his desire and intention to settle himself in Ireland, His Majesty is pleased, for his better encouragement, to grant to him, his heirs, and successors, such and so many manors, lands, tenements, &c., now in the King's charge or unjustly detained from him, as shall amount to 200 marks English money yearly, with the customary exception of lands attached to forts or otherwise, excepted, reserving a yearly rent of 20l., to be held in free and common soccage of the castle of Dublin.

Directs that particulars of such lands, &c., shall be furnished to Sir Arthur Savage by the Auditor and Surveyor General, and that a grant thereof in fee-farm be passed to him.— Salisbury, 10 August, in the eleventh year of the reign.

Pp. 2. Sign manual at head. Add. Endd. Enrol.

738. The King to Lord Chichester and the Lord Chancellor. [Aug. 10.] Philad, P., vol. 2, p. 156.

James Ware, auditor of Ireland, makes suit that in consideration of his long and faithful service in that office, granted to him for life by the late Queen, the reversion thereof may be granted to his son. Having received from his Lordship and the Commissioners of Accounts good testimony of his services, and understanding that his son is capable in years and ready to be trained up under his father so as to render good service in the office, His Majesty is pleased to accede to the suit, and directs that letters patent may be made out accordingly.— Salisbury 10 August, in the eleventh year of the reign.

Pp. 2. Sign manual at head. Add. Endd. Enrol.

739. Lord Chichester's Answer to the Charges of the Recusants of the Commons House. [Aug. 11.] S.P., Ireland, vol. 232, 17.

The answer of the Lord Deputy to the scandalous petitions of Thomas Lutterel of Lutterelston, Esq., (one of the eight chosen by the recusant members of the Lower House to repair into England), preferred, one to the King, and the other to the Right Honourable the Lords of the Council in July 1613. Also the reasons of the Lord Deputy's dislike to Mr. Lutterel.—11 August 1613.

Signed: Arthur Chichester.

Pp. 4. Endd.

740. Licence to make a Collection for two years for the benefit of the town of Carrick, co. Tipperary. [Aug. 14.] Acta Regia Hibernica.

Whereas the town of Carrick in the county of Tipperary, had sundry times suffered great losses and spoils, as well by ill-affected persons as by fire; the King, at the suit of Dominic Linch, "argent" [agent] for the said town, has granted according to his letters from Westminster of the 13th May, in the eleventh year of his reign, enrolled in Chancery, and by the present doth grant licence to Dominic Lynch and Teige Magragh, and their honest deputies during two whole years, to gather the charitable benevolence of all his subjects in Ireland, towards the relief of the sufferers.

All mayors of every city and corporate town are directed to appoint two persons to gather the benevolence of the chari table within their liberties, and to pay them over to the said Dominic Linch and Teige Magragh, who are to account every half year before the Lord Deputy for the sums received.— Dublin, 14 August, in the eleventh year of the reign.

Pp. 3½. Headed: "A licence to gather the charitable devotion of all the King's subjects in Ireland for two years for the benefit of the town of Carrick."

741. Lord Chichester to [Lord Salisbury]. [Aug. 14.] Cott. MSS., Tit. B. x. 824.

Received on Sunday 8th inst., his Lordship's last letter, with a proclamation by the King to be printed and published here, and other letters of the Council, and copies of sundry documents. Has replied to each and all these.

Had not one of the Privy Council with him when they came, nor have they a secretary to attend. Prays his Lordship to send the secretary home along with the Presidents, who have been ordered to return, or else to appoint another secretary in his place.

Complains of malicious accusations made against him. If his Lordship will challenge these traducers apart from each other and require particulars of their charges, thinks he will find they can say nothing.

Knew and foretold to the late Lord Treasurer that, while the various measures contemplated for the reform of religion and the planting of the country would work much permanent good, yet they would create much unpopularity and grievous discontent. Expected therefore, and was prepared for, what has come upon him, but his conscience assures him that he has done well.

Has appointed his servant, John Stroud, to submit to his Lordship the answers he has sent to the Lords at the Board. The complaints from Wexford are forged and untrue. Their Lordships appear to think, either that some wrong is done them, or that they will prove dangerous rebels. Now as to the first, the King has not a fairer title to any land in England than to those into which these "buggares" have intruded; and as to the second, they ought rather have doubted the men of Ulster, who are forty times more numerous and have had harder measure. Thanks his Lordship for the pressure he has done on Luttrell. If he should release him, begs that he will make him acknowledge his errors when he returns here.

Hears that the Commissioners are instructed to inquire into the late elections. Doubts the Lower House will object to this, as infringing their privileges. For all other causes they will be welcome.—Castle of Dublin, 14 August 1613.

Pp. 4. Hol. Not add.

742. Lords of the Council to Lord Chichester. [Aug. 19.] Philad. P., vol. 4, p. 335.

Regret that his award has not composed the differences in the cause between the Lord of Upper Ossory and his brother, Mr. John Fitzpatrick. Lady Inchiquin, wife to John Fitz patrick, has excepted to the award as prejudicial to herself in regard to her jointure and to her husband's rights; and, there being some claims for portions yet unsatisfied, the King referred the cause to them (the Lords), and they having required the Baron to state his reply in writing, they appointed a day for hearing, but found such difference on matter of fact that they refer it to him (Lord Chichester) to consider the exceptions and either confirm his award or alter it, as may seem good to him.—Whitehall, 19 August 1613.

Signed: G. Cantuar., T. Ellesmere, Canc., H. Northampton, L. Stanhope, Jul. Cæsar, Thos. Parry.

P. ½. Add. Endd. Encloses,

743. Exceptions of John Fitzpatrick, Esq., second son of Florence, late Lord Baron of Upper Ossory, deceased, and Dame Mabell Inchiquin, his wife, against the award of Lord Chichester, Lord Deputy. Ibid., p. 337.

1. That the award was not published and delivered to the said Florence or his said son John within the time limited by their submission.

2. That the lands of Balloughmore and five villages adjoining in the Queen's County, conveyed by the said Florence to John Fitzpatrick and Dame Mabell, his wife, upon their intermarriage, for part of her jointure, and the inheritance settled upon their heirs; also the lands of Shanvagh, in said county, purchased by the said John Fitzpatrick, and by him made subject to his said wife's jointure, are by the award given to Tieg, now Lord Upper Ossory, and Brian, his son, and their heirs in present possession.

3. Harold's Grange, in the county of Dublin, is awarded to the Lord Upper Ossory, although purchased of the said Florence by the said John Fitzpatrick and Mabell, his wife, for 500l., raised by the sale of the jointure lands in the county of Dublin of Dame Mabell, derived from her late husband, and made subject to her jointure, and the inheritance settled for the issue of herself and said John Fitzpatrick.

4. Camrosse, Longfort, Rathvalinaclassy, and the moiety of Ballinrayly, in the Queen's County, 300 acres English, the inheritance of John Fitz Tieg Fitzpatrick, nephew of said Florence, and in his possession, and he no party to the award, are awarded to Florence to be at his disposal, and if they should be allotted to him, said John Fitzpatrick [by Florence] he cannot hold them, as they are the said John Fitz Tieg Fitzpatrick's inheritance.

5. Fifty-seven castles and townlands and 5,500 acres temporal lands of the Lord of Upper Ossory, with the seignory of the barony of Upper Cross, with nine score freeholders dependent and the chief rents, are awarded to Tieg, now Lord Upper Ossory, and to Florence two abbeys granted to him and his heirs by Queen Elizabeth, containing 4,490 acres, of which 1,500 acres were conveyed by Florence to Jeffry Fitzpatrick, so that he (John) will now hold of the Lord Upper Ossory instead of the King, as desired.

6. Barnaby, Jeffry, and Edmund, the three younger sons of Florence, are by the award to be portioned out of his (John's) allotment, so that little will remain to him.

7. That the award is not final, inasmuch as exchanges may be commanded by the State.

P. 1.

744. The Answer of the Lord of Upper Ossory to the Exceptions of John Fitzpatrick, his second brother. Ibid., p. 336.

To the first.—The order was made on the 3rd February, and it was to be delivered before the 4th February. It was sent to their (his brother and wife's) lodgings, but they, understanding of the order, "subduced themselves."

John's counsel had the perusal of it before engrossment, and approved of it.

To the second.—Dame Mabell had in jointure but 42l. per annum lands or 60l. a year pension at her election, of which 42l. per annum, the castle and lands of Balloughmore are rated but at 15l. per annum. In exchange she has Harold's Grange, rated at 30l., for which he will give 50l. per annum. And the Chief Justice certified there was no ground of complaint for jointure.

Water Castle, "a thing of good value," was settled on the now Lord of Upper Ossory's marriage for his wife's jointure, and was taken from her at Florence's demand, "therefore the Lady Mabell has but the same complaint that we have." Shanvagh was purchased by John by circumvention, and is 40s. a year.

To the third.—Harold's Grange was given by King Henry VIII., and annexed to the barony on the creation of it.

Lady Mabell's jointure was sold, partly in fear of Lord Inchiquin's death, and partly to get funds to maintain their suit.

To the fourth.—Camrosse and the rest mentioned in this article were in John Fitz Tieg's possession, but not of his inheritance, and not worth 4l. per annum, "which John, out of his ample allotment, may well supply."

To the fifth and sixth.—Five principal manors and 36 or 37 villages and towns, besides two abbeys, and not two abbeys only, are left at the disposal of Florence. John will have more left for his share than the present Lord, for John has 351l. per annum, and the Lord has only 221l. by reason of Harold's Grange being taken from him for Lady Mabell.

To the seventh.—This is mistaken, for the exchange must be by mutual consent.

All these exceptions were made before the Commissioners for Irish causes, and held of no weight, and their judgment approved by the Council and ordered to be entered in the Council book, and to have the effect of a decree. This is the fourth time, after three several orders of your Lordship in the behalf of the Baron.

P. 1.

Endd. by Lord Chichester: "Of the 19th of August 1613 From the Lords of the Councell in the cause betwyxt the Lord of Upper Ossorie and his brother, Mr. John Fitzpatricke, togeather wth Mr. John's exceptions to the order made by me, and the Baron's aunswer, &c. Re. the 12th of Sepr 1613, by Mr. Barnaby Fitz-Patricke."

745. The King to Lord Chichester. [Aug. 26.] Philad. P., vol. 2, p. 158.

Sir Charles Wilmot, Knight, an ancient servitor in Ireland, had had by letters patent the government of the county of Kerry, with entertainment of 10s, Irish per diem, until by reason of private business which withdrew him from Ireland, the payment was stayed. He has now signified that he is willing shortly to return again; and prays that his former government and entertainment may be restored. Directs his Lordship to acquaint the treasurer-at-wars thereof, and to signify that the payment is to commence from the feast of St. John the Baptist last past. Is likewise pleased to grant him, at his humble suit, leave of absence upon private business for 12 months from the present date.—Beaulieu, 26 August, in the 11th year of the reign.

Pp. 1½. Sign manual at head: "By order from the Lord Viscount Rochester." Add. Endd.: "From the King's Majesty to restore Sir Charles Wilmot the government of Kerrye, with the entertaynment of 10s. Irish pr diem.—This is entered in the Office of Mustres by Wa. Whyte, deputie to ye Muster Mr. Gen."

746. The King to Lord Chichester and the Lord Chancellor. [Aug. 26.] Philad. P., vol. 2, p. 160.

Sir John Bourghchier [Bourchier], Knight, has preferred a petition to the Deputy and Council, representing that the late Queen Elizabeth granted by letters patent to his father, Sir George Bourghchier, a signiory of lands in Munster, estimated to contain 12,880 acres, and that the rent and other conditions were charged proportionably to that quantity. He prays to be relieved, inasmuch as the signiory actually granted falls much short of that quantity. As his Lordship and his Council have thought fit to transmit the petition with a favourable joint letter giving testimony to his merits and the equity of his demands, His Majesty directs that a commission be issued to take an exact survey of the signiory, and that, if the quantity should prove to fall short, as represented, a proportionate reduction of rent and other conditions may be made. Directs, however, that his Lordship will be "provident and inspectious" in the cause, lest, by the negligence or practice of inferior ministers, any further reduction may be made of the rent than truth and justice may require.—Beaulieu, 26 August, in the eleventh year of the reign.

"By order from the Lo. of the Councell."

Pp. 2. Sign manual at head. Add. Endd. Enrol.

747. The King to the Earl of Ormond. [Aug. 29.] Philad. P., vol. 2, p. 166.

Referring to the high opinion he has of the Viscount Butler, expresses the great regret with which he has learned his Lordship's displeasure with the Viscount, and the severe measures which he has already taken and which he further contemplates to his prejudice (as detailed in the letters to the Lord Chichester). Remonstrates against this intention, and makes a request that for his (the King's) sake he will be reconciled to his son, and forbear to do any act which may diminish his present or future estate. Will regard this as an acceptable evidence of the Earl's dutiful care and his affection to give His Majesty contentment.—Farnham, 29 August, in the eleventh year of the reign.

P. 1. Copy.

748. The King to Viscount Butler. [Aug. 29.] Philad. P., vol. 2, p. 164.

Has borne frequent testimonies of his Lordship's dutiful affection to the State and his zeal to advance His Majesty's service, for which he may justly challenge the character of a deserving servant. In consideration of this, His Majesty has lately advanced him to his present place of honour and to the expectation of a future and far greater dignity. His faithful services and his perseverance in the profession of the established religion confirm His Majesty in the intention to make his esteem and consideration plain by other graces and benefits. And having heard that through the malignity of some evil-disposed ministers about the Earl of Ormond, his Lordship has received some hard measures in the Earl's house, His Majesty wishes him to know that he would not have him "hobled or discouradged therewith," and promises to bear him up against the practices of all those who wish him ill. Assures him on the word of a prince, that he esteems him a very worthy and well-deserving servant.—Farnham, 29 August, in the eleventh year of the reign.

P. 1. Copy.

749. The King to Lord Chichester. [Aug. 29.] Philad. P., vol. 2, p. 162.

Has lately been informed that, by the lewd and dishonest practices of some persons about the Earl of Ormond, he has conceived so great a dislike of his son-in-law, Viscount Butler, that he has caused him with much show of anger to remove from his house, and has further signified his determination of diminishing the revenues of the Earldom by long leases at undervalues, and by other charges and incumbrances, to the prejudice of the Viscount, who is to succeed to them by hereditary descent. His Majesty's favour to the said Viscount, as well as his care to preserve that ancient Earldom from anything that may impoverish or imbase it, have caused him to be much offended with these pernicious instruments who have exasperated the Earl against his son for their own private ends. His Majesty therefore requires his Lordship to endeavour to reconcile the Viscount and his wife to the favour of the Earl their father, and to let him know how acceptable it will be to His Majesty to hear that his request has prevailed against the malice of these perverse counsellors; and he signifies to all such persons as shall interest themselves in any leases or other charges laid upon the Earldom by reason of the Earl's displeasure, that he will judge them thereby to have been instruments and contrivers of this unnatural separation, and will require of them a strict and severe account of the same.—Farnham, 29 August, in the eleventh year of the reign.

Pp. 1¼. Sign manual at head. Add. Endd.

750. Lords of the Council to Lord Chichester. [Aug. 31.] Philad. P., vol. 4, p. 339.

They refer the bearers, Art M'Dermott, Walter Synnott, and Patrick Peppard, who have solicited here in behalf of the county of "Waxforde," to his Lordship (Chichester) and the rest of the Commissioners, who are now on their despatch hence by order of His Majesty, to hear and examine into the grievances alleged by the Lords and the rest, and to admit them to give without restraint, either in person or by counsel, what information they may have concerning the same.— Whitehall, 31 August 1613.

Signed: G. Cantuar., T. Ellesmere, Canc., H. Northampton, L. Stanhope, Jul. Cæsar.

P. ½. Add. Endd.

751. Answer of the Lord Deputy Chichester and the Privy Council to the Petition of the Recusant Lords and others in Ireland. [August.] S.P., Ireland, vol. 232, 16.

Divers disorders in the kingdom of Ireland committed and used by martial men.

1. The great extortion of soldiers by their continual ranging the country, taking food and lodging without giving anything for it; and, not content with such provision as the poor inhabitants are able to afford, they exact money from them at excessive rates, during which time the captains, &c., receive the soldiers' pay without any ease to the King's treasure.

Ans. 1.—They never complained of these grievances here, whereby notice might be taken of these disorders; but by my care to have the discipline of war observed, I have lodged the horse and foot in garrison convenient to answer the King's service upon all occasions, from which no soldier may depart without his captain's permission; if he do, he is to die by our law, and so much I have often made known to the jus tices of the peace, and other officers and subjects, and have required them to give no meat or lodging to such soldiers, but to apprehend and send them to their captains. Whereas they say the captains make profit of the soldiers extortions, I do not believe them, for I cannot think that any officer will permit his men to oppress the meanest subject, or that they are so base as to affect such unjust gains. I pray they may be enjoined to descend to particulars, that the accused may be called to answer.

The pretences whereupon they take occasion to go abroad in this manner commonly are these mentioned, viz.:—

1. To levy the King's rents and compositions which ough to be taken up by the sheriff and collectors appointed for that purpose, who may do it without interruption, and they always exact and take allowance from the country for levying the same.

Ans.—The soldiers are never sent to collect the King's rents; but when the composition is not paid within a convenient time after it is due, they are sent abroad by warrant in small parties of six, eight, or ten into a barony to quicken the collection of it, (which is never done but upon the request of the treasurer or his ministers); and were it to be brought in by the ordinary writs of the Exchequer, as the rents are, they would not call for the soldiers, but the composition being given in lieu of cesse, it is proper to be levied by the soldier (if it is not paid in due time).

2. Under pretence to set forward the building of churches and bridges, things which without such extraordinary courses might be effected, and though the country has been put to infinite charges for building churches, and the parishioners for the most part have performed their duties in building their portions, yet the churches are not finished, the parts which ought to be built by the vicars and parsons remaining unrepaired.

Ans.—For the bridges, there was never horse or foot sent to quicken those works; but for the churches, I gave directions for the rebuilding and repairing of them; and, finding that words prevailed not, I sent a few horse to lie upon the inhabitants of the parishes where the defects were, until they gave bonds for the performance of the works (for which a year's time was always allowed, and in many places more), and upon giving of bonds they were removed. This was done more than three years since, and would never have been spoken of, but that they wanted better matter to fill their paper. If the chancels are not repaired, the fault lies with the noblemen and gentlemen who have the appropriations, as well as with the parsons, &c.

3. Upon colour of seeking for runaway soldiers, for removing of prisoners from one gaol and from one county to another, which in this peaceable time might be performed by the sheriff and officers without danger.

Ans.—This is a mere suggestion, for soldiers run not now from their colours as in times past; and these complainants do not understand that we are daily importuned to entertain men, not to discharge them; but they are now and then sent to convey prisoners (being priests or other notable malefactors) without which the sheriffs' officer would perhaps suffer them to escape, or they would be rescued from them by the country.

4. For the benefit of those who have martial law given to them, who range from one place to another, to the intolerable charge and trouble of the subjects, whereas now in these peaceful times martial law need not be exercised, but every offender should be tried by the laws of the realm, whereby justice may have her due course and the accessories to felons may be brought to their trials and condemnation, whereof they are discharged when the principal is executed by martial law; by which means the King loses the benefit which the law would give him by forfeiting goods and lands of the principal and accessory; besides it is dangerous to the subject that this power is given to private men, who for malice may take take away a man's life without trial.

Ans.—No provost marshal has been sent abroad with troops of men in execution of his office for the last six years, except in Munster, to rid the coast of pirates; neither have there been three offenders executed within Leinster and the Pale by martial law these six years (pirates excepted); for which I have often reproved the provosts, knowing that it proceeds from their negligence in not executing their offices according to the trust reposed in them, not from the reformation of the idle rogues (who are the opposers of the people and not the soldiers), but of those they complain not, for that they do but after the custom of the country; and it is to be understood that a provost marshal cannot execute by martial law any offender who is worth 10l. in goods or has 40s. in freehold, by which it may appear that this complaint was needless.

5. Soldiers also pass from their garrisons into the country upon colour of convoys, &c., which is either needless or might be accomplished by other means; neither do these soldiers take the shortest ways to the places where their occasions lie, but waste time on purpose to benefit themselves by extortion; the burthen whereof is so heavy that the inhabitants of divers parishes and villages are fain to buy their ease with sums of money given to the soldiers to pass them over, and lie upon others.

Ans.—We send no convoys in this province, but for the guard of prisoners as aforesaid; and when they are sent for that service they are directed by their warrant to march 10 miles a day in the direct way to the places where they are sent, and are likewise forbidden to oppress or extort the people, and to content themselves with such meat and drink as they can afford, and for the same to pay ready money or to give a ticket. If the soldiers have misdemeaned themselves to the contrary, upon complaint the wrong should have been redressed.

6. The poor subjects have left off complaining, as well for fear of the soldiers, as that upon complaints they get no redress.

Ans.—I wish them to declare to whom they have complained with such unprofitable success, and what soldiers have given them cause of fear. If they do not, I pray this may be taken for a forged surmise to scandalise the commanders and make the soldiers more odious.

7. They are more discouraged, seeing so many captains and commanders of late made Councillors of State.

Ans.—None are admitted to that honour but by your Majesty's express letters, directing and requiring it; and those chosen are so just and honourable that none would be more severe in punishing the soldiers' offences, and I think they cannot produce any such to have been pardoned since my time.

8. And as for the punishment provided by the laws of that realm for extortion and abuses committed by soldiers, sheriffs, and others, the subjects have little hope of relief thereby; for pardons are frequently granted, and sometimes proceedings against them stayed and not prosecuted, as well through the fear the jurors feel of the soldiers, as otherwise. Neither are the proceedings of Sir John Davys to be forgotten, who drew from the file an indictment presented against a collector for cessing of soldiers unlawfully, as a case not meet to be prosecuted.

Ans.—This tale is false, for Sir John Davys did not take the indictment off the file; and the truth is, that a wrangling clerk having a small parcel of chargeable land in the country, laboured with the cessor to free it from the composition and thoroughfare of soldiers, who laying a soldier upon him contrary to expectation, was by the clerk indicted in the King's Bench upon an old statute made 200 years ago, against "Hoblers." He did this, notwithstanding the collector had my warrant to lodge the men in their thoroughfare towards the north, some forces being drawn that way to attend me in a journey thither. This is well known to Sir Humfrey Winch, who was then Chief Justice of the King's Bench.

9. There is also a composition granted within that kingdom of great sums of money to the King in lieu of all country charges, as cesse of soldiers and other kinds of impositions, which were formerly exacted of the country for provision of the Lord Deputy's house, &c., which sums of money are duly paid by the subsidy; yet this composition is not observed, for there are divers breaches thereof made by the cessing of soldiers, both foot and horse, plotting of hay and oats upon the country for the provision of horse, for not delivering whereof soldiers are cessed upon the inhabitants, taking money at excessive rates for themselves and horses.

Ans.—I have now served your Majesty as Lord Deputy for eight years, and no subject can charge my officers with the taking up of an item for my provision, contrary to the composition established, neither did I ever cesse a horse of mine own upon them, nor take up hay or oats for them, neither has there been any horse or foot of the army cessed upon them, for the thoroughfare is not properly termed cesse, it being allowed by the composition upon occasion of service. It is true that, hay being very scarce here last winter, some 50 loads were plotted upon the whole county of Dublin to feed a small troop of horse who were lodged in the city, whereof only 24 loads were brought in, for which ready money was paid. Either this must have been done, or the horse have been laid upon the country, which would have been far more burthensome to them, but I might not suffer them to starve.

10. Divers general hostings and risings out of late years have been set forth, although the country was quiet; for which general hostings (although the army consisted of only 600 or 700 men), yet the English Pale was charged with the number of 1,500 carriage horses with their leaders, or thereabouts; and although a few horses were sufficient to carry that small army, yet the inhabitants were driven to pay for the residue of the carriage horses which were not used.

Ans.—There have been but two hostings and risings out these eight years, the one upon the O'Dogherty's revolt, the other since, when we had from the country only some garrans free for 40 days, but far short of the number shamelessly mentioned.

If this general hosting is burthensome unto them, I wish your Majesty would take a composition in lieu thereof, for when it is called for it is a great charge to the country, and smally available for your service; and if they will not compound for a good round rent, then to make it annual until they do compound, for it is as due from them as the rents they are to pay, and by answering to the hostings the noblemen and principal gentlemen enjoy great privileges and immunities.

11. In the provincial governments, as Connaught, there are taken up for the vice-president, beeves, mutton, and pork, without paying the value of them, which is contrary to the aforesaid compositions.

Ans.—The Lord Presidents and Vice Presidents are now all there, to whom I leave it to answer this objection.

12. In the northern counties the sheriffs, governors, marshals, and others, take, for permitting the inhabitants and others to use the Irish and short ploughs, after the rate of 10s. a year for every plough, which is now come to be an exacted revenue of very great value to those officers, to the great grief and impoverishment of that people, who have neither the means nor the skill to use other ploughs; and until in those places the people shall be of more ability, this might be forborne, there being no law against that kind of ploughing.

Ans.—Nothing is taken by the officers for permitting the people to use the short ploughs, but the truth is, that upon consideration of the barbarous custom of drawing with their beasts by the rumps, a proclamation was published seven years since prohibiting that custom upon a penalty, which was a garran out of every plough so drawn, and if they draw their short ploughs with tresses of ropes nothing is to be demanded, but this penalty was never levied according to the proclamation; but seeing the people cared not to alter this disgraceful custom, I gave orders to the sheriffs and other officers about two years ago to take 10s. out of every plough so drawn; the money so levied was for the most part bestowed upon the erection of bridges, building of churches, mending of ways, and the like good works, as to these complainants will be visible, if they will travel into Ulster. If the people amend not that custom, I wish the fine may be increased or at least continued.

13. In some of the remote counties the sheriffs exact and take up quarterly upon every pole or tate of land (which is 50 or 60 acres) certain money for the diet and lodging of themselves and their servants, besides the cessing of their horses upon the inhabitants of the county, which is expressly forbidden by the laws; and this charge amounts to a revenue of value to those officers, a charge to the inhabitants and no benefit to your Highness.

Ans.—This exaction is not general, and this is the first time I have heard of it. I will take order for its redress.

Pp. 10. Signed by Chichester Endd.

752. "Appostiles to the Articles preferred by the Recusants of Ireland to His Majesty touching the disorders and abuses pretended to be in the civil government." Carte Papers, vol. 61, Nos. 48–50, 38, 39, and 41.

1. (1.) Petitions preferred at the Council table are sometimes dismissed to the proper courts of justice, unless the poverty of the petitioners or the urgency of the case requires present remedy.

(2.) The course of common law is only stayed by order from the table in case of great equity or upon some reason of state.

(3.) Privy Council judges give the rule in such cases. Martial men deliver their opinions only in matters of fact.

2. The jurors are for the most part Papists, and when they give verdicts contrary to the evidence they have been bound over into the Star Chamber and censured, and this also in cases of inquiry for the King. The Chief Baron's opinion for the guidance of jurors in rejecting evidence.

3. The justices of assize have bound over juries to the Star Chamber for refusing to present recusants upon the testimony of the ministers that they come not to; and the jurors have been fined and imprisoned, so that recusants are now presented. It is true that jurors so censured have not had counsel allowed them, for they were proceeded against ore tenus.

4. By the Statute 2 Eliz. c. 1. it is ordained that every person suing livery or ouster-le-main shall take the oath of supremacy, so that recusants are sued by the Exchequer and suffer damage by their own default.

No. 50.

5. "Mr. Downton's note" (left blank).

6. "Mr. Bisse, his note," concerning the paying of several fines by one tenant for respiting his homage for several manors, &c.

7. The King has resumed many lands to which his title has been discovered by searching records. The intruders have been favourably dealt with for the mean profits.

8. Many tenures have been revised upon view of the records of former times, but the intruders have been favourably dealt with, and those who would not sue forth their liveries (v. 4) have caused the second compositions complained of.

No. 38, 39.

9. His Majesty's wards are granted unto such persons as the Lord Deputy thinks fit. The wards shall be brought up in the College near Dublin in the English habit and religion, which is the ill mixture the petitioners complain of.

10. As many natives as acknowledge the King's supremacy are advanced to judicial places and offices. The natives are not so sufficient as the judges sent out of England.

11. Every sheriff has an estate in the county of which he is sheriff; upon examination we think the returns of Protestants will fall out to be legal.

12. The fees of the clerks of the ordinary courts have been reduced to a far less proportion than they were in the time of Queen Elizabeth, and if they still extort more than they ought, petitioners will have remedy.

13. The petitioners know that there are many penal laws to punish escheators in this case, and that parties are righted every day.

14. Fines and amercements of jurors are indeed granted to Mr. Alderman Weston for 21 years, in recompense of great sums claimed by him, but he complains he hath no benefit by them.

15. There is an express law against making aqua vitæ, unless by license. Tanners licenses have been granted by the Lord Deputy.

16. [The answer erased, with marginal note: "This answer is to be made perfect by Mr. Hibbots."] Note by Hibbots.— Care has been already taken by the Lord Deputy and Counsell for an Act of repeal of that old statute made 12 Edw. 4., restrayning transportation of corn, and for the establishing a new Act most agreeable to the present time.

No. 41.

17. "Mr. Surveyor." (left blank).

18. The statute of recusants has been put in execution in the county of Dublin more strictly than in any other county in regard the eyes of all the kingdom are upon it. Not above 14l. or 15l. has been levied on recusants this last twelvemonth. All moneys levied are to be used in repairing of churches and bridges, and such charitable uses, because the poor are not fit to receive the same, being recusants. No money is levied in any other county that we know of.

Pp. 5.