James I: November 1613

James I: November 1613

777. Lords of the Council to Lord Chichester. [Nov. 5.] Philad. P., vol. 4, p. 345.

Nothing is more important in a well ordered government than a due selection of meet and well affected magistrates and ministers of justice. His Majesty has been informed that besides those now in the commission of the peace, who refuse to conform to the religion published in his dominions, there are in every county throughout the kingdom sufficient persons, who are conformable in religion and of stability otherwise, to make a competent number for the discharge of that service. He has, therefore, commanded them (the Lords) to direct his Lordship to make a careful review of the commission of the peace throughout the kingdom, and of such able and meet persons in each county as will take the oath set down in 2nd Elizabeth, and give better hope of their integrity and good affection to the state, to supply the place with better effect of duty and service than can be expected from recusants or others any way adherent to the Pope. If his Lordship find a sufficient number of persons so qualified, he is to give order that all who refuse the oath be put aside from the commission of the peace, and that such only as will submit shall be substituted for them. They require him, however, to certify them of the proceedings.—Whitehall, November 5, 1613.

Signed: G. Cant., T. Ellesmere, Canc., H. Northampton, Lennox, T. Suffolke, E. Worcester, Pembroke, Lenox, L. Stanhope, E. Zouche, W. Knollys, Jul. Cæsar, Edw. Coke.

P. 1. Add. Sealed. Endd., in Chichester's hand: "Of wh I writt in answer."

778. Lords of the Council to Lord Chichester. [Nov. 7.] Philad. P., vol. 4, p. 347.

Complaint having been made by the Governor and Company of the merchants trading to the East Indies, that the ship "Peppercorn" now returned from the Indies is arrested for piracy, by warrant of the Earl of Ormond, and the captain, Nicholas Downton, apprehended and sent to the fort of Duncannon, where no one is admitted to see him without the order of Anthony Stratford, the deputy-governor of the fort, who is now made captain of the "Peppercorn," while the rest of the mariners are arrested and dispersed through various places of confinement. It is suspected that this is a plot or those of Waterford, as an argument of their love for their friends of Spain. They (the Lords) have no doubt of the noble and worthy carriage of the Earl of Ormond, but they think it strange that there should be such diligence in arresting as pirates, who are no where safer than in these parts, as to seize upon a ship of such value after so long a voyage, coming in for succour and relief under circumstances not involving suspicion. They have, therefore, addressed letters to the Earl of Ormond, and they signify to him (Chichester) the King's pleasure for the discharge of the captain and others who are under restraint, and for the release of the ship and goods. And as there may be doubt, as to the conduct and carriage of Stratford and others while in command, they require that diligent search may be made for any missing goods, and restitution of them be enforced; and also that Anthony Stratford repair to London and appear before them, when he shall further understand the reason of his sending for.—Whitehall, November 7, 1613.

Signed: G. Cant., T. Ellesmere, Canc., H. Northampton, Lenox, Nottingham, T. Suffolke, E. Worcester, E. Zouche, W. Knollys, E. Wotton, L. Stanhope, Jul. Cæsar.

Pp. 2. Endd., by Chichester: "The shipe was enlarged longe before the receite of this lettre. Write unto my L. of Ormond that the lettres directed to his Lop. came by the last passage, and the contents of them beinge alreadie performed, I thinke the Lords doe not expecte the sendinge over of Lieutenant Stratford, and therefore his Lop. maye forbeare that part of their Lops. direction, untill he heare againe from me, for that I will answer their Lops. to that point these."

779. The King to Lord Chichester. [Nov. 11.] Philad. P., vol. 2, p. 178.

Having lately employed the Lord Burleigh in a service of important consequence, which he has performed to his (the King's) satisfaction, His Majesty directs that 1,200l. be paid to him out of the fines and casualties.—At Theobald's, 11th of November, in the 11th year of the reign.

P. ½. Sign manual at head. Add. Endd. Enrol.

780. Earl of Tyrone to Earl of Somerset. [Nov. 12.] S.P., Ireland, vol. 232, 23.

"Inasmuch as I have been always desirous since I came to these foreign countries to labour my reconciliation with His Majesty, I attempted sundry means whereby my humble petitions might come to his hearing, yet all frustrated. Now of late finding no better means to effect what I long desired, I gave directions to some persons in Flanders to deal with His Majesty's agent there concerning the same, who after some time resolved that he was narrated by your Lordship's letters to entertain conference with those persons whom I have assigned for that purpose; which when I understood I have sent a most humble petition to His Majesty, not doubting the same to have a happy success, seeing it has pleased you to interpose in my affairs, whom I beseech to procure that His Majesty receive me to his favour and grace, considering my innocence, and that none can justly affirm that I ever intended to hurt His Majesty, state, or dignity. Wherein I hope you shall do His Majesty service in representing his subjects to his clemency, and to me living in exile, a most particular favour, thereby obliging me for ever to be a servitor unto you."—Rome, 12 November, 1613.

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

781. Commission to Examine the Abuses in Parliament and Country. [Nov. 12.] Acta Regia, Hibernica, Pub. Rec. Office, Dublin.

Commission to Arthur Lord Chichester, of Belfast, the King's Deputy, Sir Humphrey Winch, one of the justices of Court of Common Pleas at Westminster, Sir Charles Cornwallis, Sir Roger Wilbraham, one of the Masters of the Requests, and George Calvert, one of the clerks of the Privy Council in ordinary, and other select persons to be joined with them, to inquire as well by the oaths as by depositions of witnesses, into the several articles in the Instructions in the schedule to the Commission annexed, and to make certificate of what they find into the Chancery of England.—Letters patent, dated at Westminster, 27 August, in the 11th year of the reign.

Instructions given by His Majesty to his Commissioners.

I. Whether writs of election were not sent into all counties and cities and ancient boroughs ? And whether burgesses were not returned for all ancient boroughs, or whether any were omitted ? And if any, what was the cause ?

II. Whether any undue practices were used by any sheriff or minister of the King or other person in the late elections ?

III. Whether there were any confederacies that none should be chosen that usually repaired to church or were conformable to the religion established by law ? And whether any Jesuits or priests had any meddling in such combination ?

IV. Whether there have been any meetings and subscriptions made, and for what purposes, and the names of the subscribers and collectors; and whether the priests and Jesuits do not use their persuasions, as also the terror of excommunication, to procure such contributions.

V. Whether any members of Parliament procured petitions to be addressed to them complaining of undue elections, and sent messengers to those that pretended to be elected to complain; and whether there were any such kept in Dublin at the charge of the country ?

VI. Whether Sir John Davys or Sir John Everard had the majority in the contest for the Speakership ? and whether any of the choosers of Sir John Everard could speak no English ? And to ascertain the true facts as to the manner of placing or displacing of either of them ?

VII. What were as well the pretended as the true causes for the withdrawing of that part of the Lords and Commons that withdrew themselves from Parliament ?

VIII. Whether the Committee for Examinations ordered by the Lord Deputy to inquire into alleged undue returns was a fair committee ? And whether those that withdrew themselves had notice thereof ?

IX. What number of armed men were drawn into Dublin to attend the Parliament, and by whose order, and the cause ?

X. What Lords or members of Parliament came to Parliament with extraordinary companies of men and followers, and whether they did not continue with them in town as long as the Lords came to the Parliament House.

XI. To inquire into all indirect practices.

Additional Instructions.

I. Whether the laws for the advancement of true religion established there are put in force, and whether the said religion is held in reverence, and if not, what are the causes, and how the same may be remedied ?

II. Whether there have been any notorious oppressions by martial men before the date of this Commission, and whether they have cessed people whose composition was paid, and whether captains do not withhold their soldiers pay, and so cause them to extort upon the country ?

III. To inquire into carriage-masters' oppressions.

IV. Into extortions of sheriffs.

V. Whether a yearly profit be not made by taking compositions instead of fines from those that use short ploughs by which land cannot be well husbanded ?

VI. To inquire into extortions by officers of courts of justice.

VII. To report upon all general and notorious grievances.

VIII. To inquire into the new plantation of Wexford, and how many householders have been or are to be removed, and how they have held, and whether they and their ancestors have been faithful to the State; whether they hold by descent or tanistry, and who they are that are to be planted in their room; and whether any of the principal undertakers, their tenants and farmers be of the Irish, and especially of the Cavenaghs; and whether they that have been brought thither, and their ancestors have been likewise faithful to the state; and whether any were removed after the corn sowed by them was growing, and whether they are permitted to take their own crops, and what dwellings are provided or assigned them in lieu of their former.

IX. Whether those removed or intended to be removed have offered to perform, or will perform, all things either in building or maintaining of castles and forts, and paying rent to the Crown for the same that the undertakers now do ?

X. To certify anything else fit to be certified concerning the plantation of Wexford.

The Commissioners' report or return concerning the first paper of instructions, dated 12th of November, at the city of Dublin, where they informed themselves as well by oath and deposition of witnesses as by search of records, certificates from the Reverend Fathers, the Lord Bishops, from justices of assize, officers, clerks, and ministers in the courts of justsce, and other ways as required by the Instructions.

Concerning Matters of Parliament.

1. The officers of Chancery have declared upon oath that writs of election were sent to every county and ancient borough, and that there have been due returns from all without omission of any.

2. Concerning the returns complained of, viz., the counties of Armagh, Cavan, Down, King's, Limerick, Fermanagh, county of the city of Dublin, and the boroughs of Carlingford, Trim, Kildare, Wicklow, and Cavan, after due inquiry they find as follows:—

In the county of Armagh, the proper county day for election being upon Thursday 22d of April, the sheriff attended the coming of the freeholders near the shirehouse till 9 o'clock; and when the Irish and British freeholders then present entered the House, he read the writ, and Sir Toby Caulfeild and Sir John Bourchier being proposed, Henry M'Shane O'Neil complained that some of the Irish freeholders were kept out by soldiers at the door, whereupon the sheriff went down and commanded that no freeholder should be debarred entrance, and returning, proceeded to the election, when Sir Toby Caulfeild and Sir John Bourchier had the majority of those present, being 30, there being not above seven or eight Irish freeholders present, because Tirlagh O'Neil, being crossed at the door by a soldier with a halberd, would not afterwards enter, though invited by his brother, but departed with 20 others on this pretence, though forewarned by Henry M'Shane not to stay after 9 o'clock, for that all elections after that hour were void. Yet about 11 o'clock he and 27 other Irish freeholders assembled in the church, and there, without the presence of the sheriff, elected Sir Tirlagh M'Henry O'Neil (who can speak no English), and Henry M'Shane O'Neil.

As to the force, it was no other than this, that the sheriff brought with him six soldiers, three pike and three shot, to keep the peace, and left them near the shire-house at his going in to the election, without any orders to stay any freeholder from entrance. Yet one was stayed as above-mentioned, and this was all the force found by the Commissioners.

In Cavan, the day of the assizes and the day of election was the 6th of April, and the freeholders being assembled in the lower end of the shire-house, the judges sitting in the other part, the election was proceeded with about 8 o'clock; upon which Captain Fleming and others moved the sheriff for a further day, but was refused, inasmuch as that day was the proper day, being the next county day after the writ was received: thereupon Captain Fleming and other Irish freeholders departed, Captain Fleming publicly saying that if the sheriff meant to take that course, and give no further day, he might do as he would, for he and those with him would have nothing to do with the business. Sir Oliver Lambert and John Fiske were then elected, which done, Captain Fleming and others who had departed, instantly entered and presented a paper signifying that they had elected Richard Tyrrell and Walter Talbot. The sheriff answered that the election was already made, notwithstanding they cried "Tyrrell and Talbot," and the others cried "Lambert and Fiske," whom the sheriff returned.

In the county of Down, May Day was the county day for election, which was held at Newry between 8 and 9 o'clock, when the sheriff moved the freeholders to choose Sir Richard Wingfield and Sir James Hamilton, being recommended to him by the Lord Deputy; but the natives named Sir Arthur Magennis and Rowland Savage, whereupon all the British freeholders, to the number of 131, cried, "Sir James Hamilton and Sir Hugh Montgomery," rejecting Sir Sir Richard Wingfield; and the Irish, to the number of 101, cried, "Sir Arthur Magennis and Rowland Savage." Some of Sir James Hamilton's and Sir Hugh Montgomery's voters being objected to for want of freehold, 14 of them were examined and proved their freeholds, upon which the two last-named were returned, the Irish making objections, which were found partly untrue and partly frivolous, and not fit to be inserted in the report.

In the King's County, the freeholders assembled at Philipstown, and some of the Irish having had a meeting the same morning, attended the sheriff to the shire-house between 8 and 9 o'clock, where, the writ being read, Sir Francis Rush and Sir Adam Loftus were proposed; but Philip O'Dugan handed to the sheriff two lists of names in paper who, he said, had given their votes for Sir John M'Coughlan and Callagh O'Mulloy, whom they had chosen already, and they would have no other, and they cried "M'Coughlan and O'Mulloy;" the other side, to the number of 16, gave their votes publicly for Sir Francis Rush and Sir Adam Loftus. The under sheriff made up the indentures for M'Coughlan and O'Mulloy, as having the majority and the indentures were accepted by the high sheriff, yet he returned Sir Adam Loftus and Sir Francis Rush, alleging that they had the majority of votes publicly given. The Commissioners find that in the list on the part of M'Coughlan and O'Mulloy two names were returned of gentlemen who disavowed them and subscribed to the other part. Another confessed he signed after the election made; and Sir Terence O'Dempsey being absent, gave his vote by proxy to M'Coughlan and O'Mulloy, which O'Mulloy cannot speak English.

In the county of Limerick Sir Francis Barkley and Sir Thomas Browne were elected by the majority, and were returned by the sheriff; on the other part, it was deposed that the majority was for Geoffrey Galloway and Edward Fitzharris; but it was admitted that many of their voters were not freeholders, and that some put their names to the indenture of election who were not present.

In the county of Fermanagh the parties who it was said ought to have been returned, were both sent for; the one, Connor Roe Maguire (who can speak no English) forbore to come, and Donel Maguire being indicted for treason, broke prison, and has betaken himself to the woods; yet they (the Commissioners) for their information, examined witnesses on both parts and for anything appearing to them, the sheriff made a just return of Sir Henry Foliot and Sir John Davys. Concerning the force said to have been used, it is confessed upon oath by Bryan Maguire, whose beard was said to be pulled from his face, that Captain Gore did shake him by the beard, but pulled no part of it away, nor did him any other hurt.

In the county of Tyrone, the only question was whether Sir Thomas Ridgeway, returned by the sheriff, or Tirlagh O'Neil, had the majority. They find that, the former had 34, and the latter (who cannot speak English), 28.

In the county of Roscommon, Sir Oliver St. John was elected for one of the knights, and for the second were named Sir John King, Charles O'Connor, and Captain O'Kelly; Sir John King, whose election was disputed, was returned. But the sheriff and four of the ancient justices of the peace of the county, deposed before them that Sir John King had the majority over either O'Connor or O'Kelly, which O'Connor, then present, contradicted, but produced no witnesses to justify his election, although previously called upon by them by letter to do so; but they (the Commissioners) having given him another day, he produced witnesses, seven of whom deposed that O'Connor had the majority, but one deposed that upon numbering by poll in the house of election there were more voices for Sir John King than the other. In this election there appeared to them (the Commissioners) to be no fraud nor force, only the vice-president and the sheriff having put out some horse boys, and beginning to number the freeholders on either part by the polls, the door was kept until that was done.

In the county of the city of Dublin, the writ to the sheriffs for the election of two citizens was dated the 1st of April last, and they on the 2d of April commanded Sir James Carroll, the mayor, to make choice. On the 20th of April, after the warrant made to the mayor, the sheriffs held their first county court, at which many of the recusant citizens assembled, and persuaded the sheriffs, in the absence of the mayor and without his privity, to hold the election, promising to save them harmless for so doing; whereupon the sheriffs proceeded to election, and then Francis Taylor and Thomas Allen, two aldermen, were chosen.

The 27th of April, the mayor, taking the first election to be void, about 10 o'clock in the forenoon, gave directions for proclamation to be made in several parts of the city, that at 2 o'clock of the afternoon of that day, he would proceed to election at a place called Hoggen But, near the city and within its liberties, which was made accordingly; at which time and place, in a great assembly of the inhabitants, as well free of the city as not free, the mayor nominated Richard Bolton, recorder of the city, and Richard Barry, alderman. The opposite party nominated Taylor and Allen, formerly elected by them. The mayor being doubtful which had the majority, ordered the company to divide, and the greater number seeming to him to be for Bolton and Barry, he returned them without a polling. To this return three objections are made by Taylor and Allen: firstly, that the former election by the sheriffs was good, and the second void, which they (the Commissioners) leave to be decided upon consideration of the Statute of 33d Hen. 8. sess. 2. cap. 1. in Ireland; and the statute made in England now in force in Ireland. Secondly, that the mayor proceeded to election before 2 o'clock, the time named in the proclama tion. Thirdly, that Taylor and Allen were then elected by the greater number present. For deciding the two last questions they (the Commissioners) examined the sheriffs, and 13, on the part of the mayor, who deposed that the election was made within the time limited by the proclamation, and that the majority voted for Bolton and Barry. On the other part they examined 15, some of them aldermen, who deposed that in their opinion the election was made before 2 o'clock, and that the greater number then present gave their voices for Taylor and Allen.

In the town of Carlingford they find that Captain Roger Hope was elected for one burgess by an unquestioned majority, and that Marmaduke Whitchurch, the other burgess, had as many votes as White and Morryman, who pretended to be elected.

In the town of Trim the sheriffs, after receipt of the writ on Friday the 9th of April, in an assembly of the townsmen, agreed to hold the election on the Monday after; and Sir John Elliott, one of the barons of the Exchequer, and Sir James Dillon, both burgesses being sent for on the Friday, Elliot returned for answer that he could not be there on Monday; whereupon the next day, being Saturday, between 9 and 10 o'clock, the portrieve and divers of the chief men of the borough, meeting at their usual place at the bridge, appointed Tuesday for the election, and town serjeants were commanded to warn all the inhabitants to be there on that day, and to "diswarn" them from coming on Monday, which was done; but Sir James Dillon being a near dweller, a burgess, and a principal man there, coming to town on Monday, he, with the portrieve and some others of the borough, went to the court house, and the portrieve, notwithstanding the former warning for Tuesday, warned the townsmen through the Serjeants to come together instantly for the choice of the burgesses, where, by the greater number of such as were then present, were chosen Henry Gory and Anthony Cusack.

Sir Thomas Ashe and some others were not present, nor had warning for that day. Complaining against this, the portrieve refused to seal the indenture of that election, but appointed another day for a new election, when Sir Thomas Ashe and Sir Roger Jones were elected and returned, Henry Gory, one of those formerly elected, resigning and voting for Sir Thomas Ashe.

In the borough of Kildare they find that Walter FitzGarret and Thomas Farbeck were duly elected, notwithstanding that Walter White, sovereign of the town, returned Gilbert Domvile and William Cooley, who were not elected.

In the town of Wicklow the sheriff having directed his writ to Patrick Conway, as portrieve, to hold an election, one Wolverston and Robert Barnewall, at a meeting summoned by the portrieve for a court baron, were elected; but this being without the consent of the portrieve, and Conway not being truly portrieve;— for the town, being no corporation before nor enabled to send burgesses was newly incorporated some few days before the issuing of the writ, and in that charter Arthur Usher, Esquire, was appointed portrieve by His Majesty, was that election void, and they proceeded to a new election on the 1st of May, and Sir William Usher and Sir Lawrence Esmond were returned.

In the town of Cavan on the 1st of April, which was the day for the election of knights of the shire, the sovereign and inhabitants of the town assembled themselves, and, without any warrant from the sheriff, elected Walter and Thomas Brady.

On the 3rd of May another election was held by writ of the sheriff, and (as was deposed by divers in that town) the greater number there present gave their votes for the said Walter and Thomas Brady; yet the sovereign returned George Sexton and Hugh Culm, who had fewer voices, if such witnesses spoke truly.

After the election made, Sir Oliver Lambert, with a little walking stick, struck George Brady, one of the inhabitants of the town, on the head for using towards him some rude behaviour and giving him some unfitting speeches; which is all the force that is proved to have been committed on that election, but his head was not broken.

3. Upon examination of many of the natives the Commissioners find that there was a general combination in many parts of the kingdom to elect no Protestants, and that the Jesuits and priests so advised them; and the reason of this conspiracy was that they heard some laws were to be propounded at this Parliament concerning religion, or for the banishment of priests.

4. Upon the resolution of the lords, knights, and burgesses to depart from Parliament, the knights and burgesses of the Romish religion levied sums amounting to 2,000l. for the charges of their agents sent into England, divers priests, lawyers, and others being employed for the collection.

They also find by letters of Popish bishops, copies of some being produced to them, and by depositions of witnesses and certificates of some Lord Bishops of the kingdom that, notwithstanding the King's late proclamation against such exactions and collections, the Romish Archbishops and Provincials of Munster and in many other parts, collect, through priests, yearly impositions, as follows; namely, for every married couple 12d., of every person of 12 years of age 6d., for every christening and marrying 2s. 6d. and 6d. to the clerk. At every burying of any person of worth the people yield offerings, which are divided between the priests and friars, and part for scholars breeding in seminaries beyond seas. The priests also make collections at the keeping of the month's minds of the deceased principal men and women.

For the maintenance of three abbeys in Munster the people pay yearly certain ridges of corn of all sorts, with mutton, lambs, butter, and such like. The last year the friars of Kilcrea in Munster had 140 muttons, 30 porks, besides butter, eggs, and such like victuals in great abundance, as we were informed by persons of quality.

5. It did not appear to the Commissioners that any members of Parliament procured petitions to be presented to themselves complaining of undue returns; but the parties pretending to be chosen were incited to complain by the country, and the charges of some coming up and attending at Dublin for that purpose were borne by a voluntary contribution.

6. (The return of the Commissioners for Article VI. concerning the election of the Speaker is the same as that given in the declaration of the Protestants regarding the proceedings of the Lower House at the opening of the Parliament, supra, pp. 400–405, omitting some details.)

7. The Lords Mountgarret, Slane, Delvin, Killeen, Trimle ston, Howth, and Cahir, being before us, protest upon their honours, that the only motive for their departing from Parliament was, that they heard that some of the Lower House had withdrawn themselves for the reasons expressed in a petition from the Lords and others of the nobility, to the Lord Deputy the 21st of May last; in which they complained of the multitude of new corporations, undue elections, drawing of forces into the city, holding the Parliament in the Castle of Dublin, confusion and disorder in the Lower House at the election of the Speaker, &c.; and they therefore excused their appearance afterwards in that place, being loth (as they alleged) to be actors or parties in the like proceedings.

But they utterly deny that they were persuaded to this course by any person whatsoever; and thereupon the greater part gave directions for drawing the petition to the Lord Deputy, but neither by their admission nor information of others can they (the Commissioners) ascertain who gave the directions or who drew it.

For the Commons who departed the Lower House, having called before them Sir John Everard and 12 others of the principal nominated by himself from different parts of the kingdom, they affirm upon their oaths, that the disorders on the first day of Parliament at the election of the Speaker made them fear danger to their persons, seeing so many sword-men in the House, and themselves for the most part in gowns without weapons; and this, with the holding of the election of Speaker before the House was purged of such members as they contended were unduly elected or returned, and so not capable of voting therein, was the only cause of their withdrawing;—being, as they protest, an act proceeding from their own judgment, and not moved by any other.

But they now object against divers burgesses from the new corporations, as having no authority to choose them;—their charters bearing date some time after the date of the commission for holding the Parliament and some after the summons to Parliament.

8. The petitioners admit that the Lord Deputy ordered that a committee of both Houses should be chosen to examine into contested elections; but they declined to accept of it, because (as they conceived) they should thereby acknowledge Sir John Davys to be lawful Speaker.

9. At the assembly for the election for the city of Dublin there arose such tumult between the freemen and inhabitants, that the mayor, unable to pacify it, suddenly departed in fear and complained to the Lord Deputy and Council, who committed some of the freemen for calling to ring the town bell in that assembly, which might have caused an uproar in the city. Upon this occasion the Lord Deputy, foreseeing that great crowds would resort to the city in Parliament time, and that he might want men to repress any sudden disturbance, having no forces but his ordinary guard, caused 100 soldiers to be drawn out of four several garrisons, viz., 25 out of each; and these soldiers were reported to be 400, because they came in four several companies to the city from several parts, and were cessed or lodged in several towns, as is usual in all journeys; and there were not any more armed men drawn to the city in Parliament time.

10. Do not find that any Parliament men came to the town with any extraordinary number of men or followers; only Lord Gormanston came to the city with 100 horse (as is confessed), whereof there were not 20 of his own retinue;—the rest were his friends and kinsmen that went out of Dublin to meet him, the rather because his lady came in his company.

But it is confessed there were great numbers of people in the town at that time, who (as they say) came from all parts to behold that assembly.

11. Find no other undue proceedings in Parliament, saving that two burgesses were returned for Clogher, which never sent burgesses to Parliament before, for anything appearing upon record, neither have they any charter authorising them so to do.

The Commissioners Return and Certificate to the Second Paper of Instructions concerning the General Grievances of the Kingdom.

1. Imprimis. By several certificates from the archbishops and bishops, justices of assize and of the peace, and examinations of some others, it appears that the laws for the advancement of God's true religion are in very few places put in execution; as hardly any jury in the counties and corporate towns will present recusants, themselves being delinquents for the most part in the same kind, and wherever at any time heretofore they have presented, they themselves have been excommunicated, and these others terrified. In the city of Waterford, which is a county within itself and where there are very few of the magistrates or of the people that are not obstinate recusants, such are their late renewed charters and privileges that the justices of assize having no authority to hold assizes there the laws of religion cannot be executed.

That the true religion is not reverenced but contemned, principally through the multitude of Popish schoolmasters, priests, friars, Jesuits, and seminaries authorised by the Pope for every diocese, dignity, and living of value in the kingdom, who vigilantly and earnestly execrate and dissuade it.

The small number, less sufficience, and little residence, of the ministers and preachers that should practise and preach it.

The ruined churches, unfit for any assembly, the many recusant justices of peace, &c. who animate the people in their disobedience; the number of priests from seminaries erected for the Irish in Spain and the Low Countries, and the colleges of the Jesuits there, each of which instructs two students of the Irish.

The want of ministers and preachers arises from the want of livings to sustain them, by reason of a multitude of impropriations; which is also the cause of the ruined state of the parish churches, as the owners and farmers of the impropriations will not maintain the chancels, and by their example the people neglect the rebuilding of the churches.

The maintenance of the priests by the nobility, gentlemen, citizens, and men of worth, and the long impunity of them and their receivers.

For remedy of these overflowing evils, suggest a strict execution of the laws against Popish priests and schoolmasters for enforcing attendance at church and establishing sufficient and religious schoolmasters by the diligent visitations of the bishops for weeding out Popish priests; and, instead of idle and scandalous ministers, to place those that are learned and faithful, and compel them to be resident with some competent provision, who by their demeanour and doctrine will allure them to the truth and obedience to the government.

2. The Commissioners, upon their arrival in Dublin on the 11th of September, enrolled their commission and sent letters to the governors of Munster and Connaught, also to divers lords, archbishops, and bishops, and sheriffs, and others, concerning the articles of their instructions, and thus made known their employment to the people in most parts of the kingdom. Yet, during the space of one month at least after their landing, no one petition was presented to them complaining of any grievances. Nevertheless afterwards, upon the coming over of Lord Killeen and Sir Christopher Plunket, two of the late petitioners to His Majesty, they exhibited to them particular instances of oppression and exactions by soldiers, provosts-martial, and some others, especially those that reside nearest the state; out of which, being many, having selected three score or thereabouts, as fittest to be examined to show the different kinds of the soldiers' oppressions towards the people, they proceeded, in presence of Lord Killeen and Sir Christopher Plunket and some of the parties grieved, to a summary examination on divers days, and by those examinations and by other means it appeared to them that the soldiers, both horse and foot, had extorted upon His Majesty's subjects in the manner in the return mentioned:

1st. The soldiers in their marches, though they ought to give payment or ticket for their meat and drink, do neither.

2nd. They extort in money (besides meat and drink), three shillings for a horseman and two shillings for a footman, and victuals, and sums for their followers. The soldiers sent to collect cess do the like. In default they take cattle or household stuff for pledge of payment; hence affrays. They make long circular, instead of direct, marches. They take money to pass by their assigned billets and lie in others. Provosts-martial and their men commit the like extortions.

And notwithstanding these oppressions were very many, yet (for anything appearing to the Commissioners) very few have complained to the Lord Deputy, who, upon their complaint, gave redress, as was proved to the Commissioners.

The reasons given by the people for forbearing to complain is the fear they had to be worse used by the soldiers complained of at other times, and that the charges of complaint would have exceeded their damages and losses, though they cannot deny but the Lord Deputy has given as easy access and as speedy remedy as has been given by former governors.

As a remedy suggests the execution of the orders made by the Lord Deputy and Council and exhibited to the Commissioners, and that the judges on their circuits should attend to the complaints of those that suffer these wrongs. (fn. 1)

3. [This return concerning carriage-masters' oppressions is the same as in Lord Chichester's answer to the recusants' petition of grievances concerning this charge. (fn. 2) ]

4. Find, as alleged, that sheriffs are appointed having no freeholds in their counties or even elsewhere, and the reason assigned is that there are few Protestants of fit quality, and that none other will take the oath of supremacy.

5. As to fines for drawing ploughs and carriages by the horses' tails, find that by Act of Council in 1606 a penalty was enacted of forfeiting for the first year's offence, one garran; for the second, two; and for the third, the whole team; but this was not put in execution till 1611, when Captain Paul Gore was allowed in one or two counties to demand 10s. for every plough so offending, in order to pay himself 140l. or 160l. due to him from His Majesty for his soldiers' pay and for extraordinary services in O'Doherty's rebellion. In 1612 the Lord Deputy levied 10s. per plough so drawn in all Ulster, and 870l. was thus levied.

This fine of 10s. is now passed by patent to Sir William Uvedall, reserving a rent of 100l. a year thereout to the King, the profits whereof have amounted to 800l., though the charge on the people is much more. Other collections of such fines have been levied in Connaught and in some counties of the Pale, but without the Lord Deputy's warrant, nor can they discover the amount.

The natives pretend a necessity of continuing this manner of ploughing as more fit for stony and mountainous grounds, yet the Commissioners think it not fit to be continued.

6. New offices and fees have been erected in the exchequer; but the Commissioners find it difficult to discover these and other extortions, and have directed the clerks of the Four Courts, of the Star Chamber, of the Crown, and the officers of the provinces of Connaught and Munster, to certify their fees to them.

7. The enormities above mentioned are the most notorious grievances in the kingdom, and they have not received information of any other worthy to be carried to His Majesty.

8, 9, 10. The territory intended to be new planted in the county of Wexford consists of 66,800 acres of wood, boggy land, and mountain, all lying together in one continent between the river Slany on the south, the Arklow river on the north, the sea on the east, and the counties of Carlow and Kildare on the west, for many years in the occupation of the several septs of the Cavenaghs, Kinsalaghs, M'Saddoes, M'de Amoores, and Murroughs and others, and of some ancient English that not long since obtained some of those lands from the Irish, the possessioners claiming by descent after the custom of Irish gavelkind, as their freehold; and as freeholders they have been impanelled since the King's time on juries. The number presented to be freeholders, and who offered their surrenders, as appears by the books of surrenders, was 440, but is now affirmed by the natives to be 667, of which 14 had letters patent. The King's rents and composition amounted only to 179l. 3s. 4d., besides 90l. yearly, of which Sir Richard Masterson had an ancient grant, and 20l. yearly which Walter Synnot had in lieu of Irish chiefries, granted by the Crown. In Easter term in the seventh year of the King's reign, in a trial at bar of the Exchequer between Sir Richard Masterson and one of the Cavenaghs, some overture was made for a title to His Majesty to these lands.

Before this circumstance became known to the Lord Deputy and Council, the Irish freeholders had leave to surrender, and obtained three several commissions to that end, upon two of which nothing was done; but upon the third commission, on 27th January 1610, surrenders were accepted from all the freeholders of this territory, and the two books comprising the surrenders were shown to the Lord Deputy and other commissioners of surrenders. But the time limited by proclamation for surrender being then past, re-grants were suspended for a time because of the discovery of the King's title, till his pleasure should be known. The Lord Deputy in 1610 having apprized the King, the King ordered him to proceed unto plantation. He accordingly devised the project for plantation, which he has delivered to the Commissioners to exhibit to His Majesty, and since then (on 29th of July 1611) his Lordship sent Sir Lawrence Esmond, Sir Edward Fisher, William Parsons, and Nicholas Kenny, the King's surveyor and escheator, to make known to the inhabitants that nothing was intended to them by that plantation but good, as he had accepted their surrenders in order to re-pass, to such as were fit to be made freeholders, convenient portions in fee simple at reasonable rents, and to others of the inferior sort competent portions for lives and years; and to assure them that the civilizing of the country was the chief thing aimed at.

Upon this many of the principal men yielded to accept the Lord Deputy's offer, and in August in the ninth year of the reign surrendered; and his Lordship thereupon assigned territory to 57 of the natives presented by a jury of that county to be the fittest men, to be divided into several portions as herein-after expressed, of which 35,210 were assigned to Sir Richard Masterson. Of the 57 natives 21 are to still retain their ancient houses and habitations and grounds adjoining; but some of their remoter lands are given to new undertakers, and in exchange they are to have others nearer to their dwellings, at which they are discontented, saying that they are not sufficiently recompensed.

To the rest, who claim to be freeholders of small portions, no lands are assigned; but all these, in number about 390, and all the residue of the inhabitants, estimated to be 14,500 men, women, and children, may be removed at the will of the patentees, though few are yet removed; and the new undertakers offer that all the inhabitants may, if they will, dwell in that country as their tenants, without removing any but such as dwell on those grounds which the patentees shall use as demesnes to their castles and houses; and to the natives wanting proportions Sir Richard Masterson, Walter Synnot, and others will let lands at such rates as they paid to the King.

The proceedings against the natives were these: In June 1611 a seizure was awarded out of Chancery, granted upon some ancient records of that court, and the seizure was made by the sheriff for the King, but no further proceedings were thereupon had. After which a commission to inquire into His Majesty's title to the lands was issued to the Bishop of Ferns, Sir Thomas Colclough, Sir Dudley Loftus, John Beere, Esq., King's serjeantat-law, William Parsons and Nicholas Kenny, Esqrs. His Majesty's escheator and surveyor. On 26th of November 1611 they held an inquiry before a jury at Wexford, who, on the 4th December, offered their verdict of Ignoramus, which the Commissioners refused to accept; and the jury being bound over, afterwards appeared in the Exchequer before the same Commissioners, with whom were now associated Sir John Denham, Lord Chief Baron, Sir Francis Aungier, Master of the Rolls, Baron Hassett, and Justice Lowther.

Eleven of the jury agreed to find for the King, but five others who refused to concur were by the Commissioners committed to prison and afterwards "censured" (fn. 3) in the Castle Chamber. A new jury was struck, consisting of Sir Thomas Colclough and the eleven who had agreed to find for the King, and some others; which eleven, with Sir Thomas Colclough and John Murchoe, now a patentee in the new plantation, found an inquisition to this effect:—

That upon the submission of Art M'Murrough and Mallock O'Murrough, the chief of their septs, and David Moore and Manus M'Gerald of the Kinselaghs, and divers others of the Irish, to King Richard II., by indentures dated the 7th of January in the 18th year of his reign, the said parties covenanted with Thomas Earl of Nottingham, Marshal of England and Deputy of this kingdom, before the first Sunday in Lent following to relinquish to the King all their lands in Leinster, sine aliquo retinemento sibi reservato seu reservando, quocunque modo et absque fraude, their movable goods only excepted, and to leave the whole of Leinster to the true obedience and disposal of the King; and the Earl covenanted that these chief men and their men of war should have pay in the King's wars, and enjoy all such lands as they should conquer from any rebels in that kingdom. Art M'Murrough, then chief of the Cavenaghs, was to receive 80 marks yearly, and to be restored to his wife's inheritance in the county of Kildare, which annuity was paid divers years. That on the 12th of February following M'Murrough and the Irish of Leinster did homage and submission, and a commission issued to the Earl to distribute the lands of the chieftains and men of war who were to depart to other of the King's subjects. That on 28th of April next following King Richard II. granted to Sir John Beaumont and his heirs the territory now in question (excepting the lands of the Earl of Ormond, if any he had). That Sir John Beaumont died seised of this territory, which descended to his son and heir, Henry Beaumont, and from him to his son John Beaumont, who being an infant, the seven manors of Fernegenall, O'Felmigh, Shelmalier, Lymalagoughe, [Kynelaghowe ?] Shelelagh, Gory, and Dipps, all being within this territory, were seized into the King's hands, as appeared on his suing out his livery on 3rd September, 13th of Henry VI. That the said John had two sons, John and William, both viscounts, who died without issue, and one daughter, Joan, who became heir and was married to John Viscount Lovel of Titmarshe, whose heir, Francis Viscount Lovel of Titmarshe, was attainted of treason by statute 1 Hen. 7, confirmed in Ireland, whereby the said lands came to the Crown, and by mesne descent to Queen Elizabeth.

Her Majesty afterwards granted the manor of Dipps to the Earl of Ormond, and the manor of Shelela to Sir Henry Harrington, and the rest (except as before excepted) came to the King. That on the 12th of February in the ninth of the King, the Court of Chancery, before any patent granted, made order that the patentees, when they should receive their patents, should be put into possession by the sheriff, and patents were then granted of several portions, as follows;—namely, to Sir Richard Cooke, His Majesty's secretary, 1,500 acres; to Sir Lawrence Esmond, servitor, and a native of Wexford, 1,500 acres; to Sir Edward Fisher, servitor, 1,500 acres; to Francis Blunden, Esq., 1,000 acres; to Conway Brady, the Queen's footman, 600 acres; to William Parsons, surveyor, 1,000 acres; to Sir Roger Jones, 1,000 acres; to Sir James Carroll, the King's Remembrancer in the Exchequer, 1,000 acres; to John Wingfield, Esq., servitor, 1,000 acres; to Sir Adam Loftus, 1,000 acres; to Fergus Græmes, 300 acres; to Sir Richard Wingfield, Marshal of the Army, 1,000 acres; to William Marwood, Deputy Remembrancer, 1,000 acres; to Francis Blondell, Esq., 1,000 acres; to John Leghorn, Esq., 1,000 acres; to Captain Trevillian and Captain Fortescue, 2,000 acres; to Thomas Hibbets, Esq., 1,000 acres; in all, 19,900 acres.

Proportions of the ancient possessioners, how many acres they formerly enjoyed, and how many are assigned to them in the plot of the new plantation, and which of these had formerly patents from the Crown.

Edmond M'Art and Richard M'Art, patentees, have an allowance on this plantation for the lands taken from them.

There are about 12,000 acres more of this territory not yet granted, but intended to be passed to martial men who are to build upon the borders and fastnesses, but cannot do so until some of the patentees be removed to the lands assigned to them. The names of these martial men are, Captain Dorrington, Captain Meares, Captain Pikeman, Captain Cawell, Captain Ackland, Captain Henry Fisher, Lieutenant John Fisher, Lieutenant Burroughs, Mr. Gillet, Mr. Waldrond, Lieutenant Stratford, Mr. Sherlock, Mr. Hashwell.

On the 7th of May last, the patentees obtained injunctions to the sheriff of Wexford to put them into possession, which he accordingly did, and broke open the doors of such as resisted and turned them out; yet, upon submission, many were permitted to return to their houses again, and in harvest last the sheriff, by warrant from the Lord Deputy, was assisted by the bailiffs of the new patentees to take up the fourth sheaf of their corn for the Michaelmas rent, in regard they (the patentees) were then to pay the King's rent, which fourth sheaf the patentees still detain, the natives being allowed to take the rest to their own use.

Many of the natives who formerly agreed to the plantation now absolutely dislike it, and complain that the proportions assigned to them are not so many acres as they are rated to them. All the ancient possessioners of English race, and divers of the Irish have been always faithful to the Crown of England, but most of the Irish were rebels in the time of the great rebellion of Tyrone. Walter Synnot, Patrick Peppard, and Art M'Dermot offer for themselves and the rest of the country, that they will pay the same rents and build the same as the new undertakers, but refuse to pay the costs already incurred about this plantation, being about 3,000l.

Every undertaker of 1,500 acres is to build a castle or stone house, 30 feet long, 24 broad, and 30 feet high, besides the battlements; every undertaker of 1,000 acres, a castle or stone house, 24 feet square and 30 feet high, besides the battlements; and every undertaker of 500 acres, a strong bawne of lime and stone; these buildings to be made within four years after the patentees have had quiet possession.

Signed: Arthur Chichester, Humphry Winche, Charles Cornwaleys, Roger Wilbraham, George Calvert.

Pp. 75.

782. The Lord Deputy to the Attorney-General. [Nov. 13.] Carte Papers, vol. 62, No. 139.

Order to draw forth a fiant to pardon 78 persons on the recommendation of Sir Edward Blayney, seneschall of the county of Monaghan, with a list of the persons.—Dublin, 13 November 1613.

Pp. 2. Orig. Add. Endd.

783. Lord Chichester to [Earl of Northampton]. [Nov. 15.] Cott. MSS., Tit. B. x. 242.

The present state of affairs requires him to revert to former directions and instructions. In 1603, when Sir George Carie was deputy, the then serjeant-major of the army was sent to Waterford, Cork, and Limbricke, to select fit places for fortifications, and with the assistance of Sir Josias Bodley, reported accordingly. Donations were given, and money imprested for Duncannon, in Waterford, Halebolinge, in river of Cork, and Castleparke near Kinsale, Limbricke, and Gallawaye. The last three have been thus made secure for the King, but Waterford and Cork remain in the same state as when they last expelled the King's forces, and he hears that they are resolved now, in case of an invasion, not to receive the King's forces at all.

High time therefore to take these works in hand. The charge will not be great, especially if the cities and the counties be forced to contribute. It will be necessary to make a seizure on the liberties of Waterford, Limbricke and Kilkenny. In the first and the last of these is neither fort nor castle in the King's hands, and provision must be made to enforce obedience. Will look for his Lordship's countenance and support in this. The castle of Limerick commands the city, and, if secured, would furnish a salutary example for the rest. This is specially necessary there, in consequence of the late outrage on the Lord Bishop by the inhabitants, in rescuing, at the instigation of two friars, a priest who had been apprehended.

Prays that His Majesty and their Lordships will take these works in hand. Sir Josias Bodly is still in London, and can acquaint them with all necessary particulars.—Dublin, 15 November 1613.

Pp. 3. Orig. Not add.

784. Lord Chichester to Sir John Davys. [Nov. 20.] Carte Papers, vol. 61, No. 314.

Warrant to prepare a fiant of the office of clerk of the Common Pleas of the Exchequer, void by the death of John Ferneley, to Edmond and Roger Midhop, gents.—Chichester House, 20 November 1613.

P. 1. Orig. Signed at head. Endd.

785. Lord Deputy and Council of Ireland to the Lords of Privy Council. [Nov. 24.] Cott. MSS., Tit. B. x. 245. B.M.

On Saturday the 20th instant, soon after dinner, Sir James Goughe, one of the gentlemen lately returned from England, came to this house with a great number of people, as if they were in expectation to hear some new things from him. After some little stay in the dining room, and mutual greetings, he began with an audible voice, in the action and tone of an orator, to deliver a speech to the Deputy, in the audience of all those who stood about. When he first began to speak, the audience pressed so much forward, and came so close about the Deputy, that some of the council being in the same room, could not understand what he said or did. Sir James was required to stop until they were called nearer to hear what he had to say; which being done, he began to speak, formally as at first, repeating the same former words, and so proceeded to the end.

The speech is herein inclosed, written by himself, and agreeing in substance with the abstract of it which they had collected to send their Lordships.

Believed him very much distempered, or very ill advised to make such a narration; and after his speech, called him into another chamber, to yield them some better account of his speech, if he could. But he had no more to show than he always had done.

Do not know the causes that moved him to demean himself as he has done, unless it were to reduce into some compass those lavish speeches which he had uttered after his landing here, unto many in Dungarvon, Youghall, Clonmell, and other places on his way as he came here from Munster; on which journey he spent 14 days, and had speech of many, at the very time when the oath was required of the magistrates of that province; or except it was to make good what he had professed to the people before he came hither, that he would not spare to deliver such a message from the King unto the Deputy and State here.

These light flying tales made by men so affected in religion as Sir James Goughe, will purchase more belief in three or four days throughout the realm, than can be removed by them in many months, because the one imports joyful tidings, the other is quite contrary, and gets no belief amongst them.

Sir James Goughe is restrained within the King's castle here, until their Lordships send further instructions, &c.—Dublin, 24 November 1613.

Signed: "Arthur Chichester, Tho. Dublin, Canc., Georgius Midensis, Chr. Armacanus, Th. Ridgeway, William Methwold, Fr. Aunger, Ro. Digbye, Toby Caulfield, Arthur Canaye."

Pp. 3. Add. Endd.: "The letter sent by the Council to the Lords."

786. The Lord Deputy to the Attorney-General. [Nov. 27.] Carte Papers, vol. 62, No. 144.

Order for a pardon to 12 persons of the county of Monaghan, in consideration of their good services, with a list of the persons.—Chichester House, 27 November 1613.

P. 1. Orig. Add. Endd.

787. Sir Robert Jacob to the Earl of Northampton. [Nov. 30.] Carte Papers, vol. 63, No. 41.

Has received his letters. Thinks the commissioners sent to inquire into abuses will do good. Details the "corruption of the bishops in suffering all the churches to fall for want of covering, in keeping the church livings in their own hands by way of commendams," and many other of their failings; also the oppression and extortion of the captains and soldiers will be discovered, and what a mass of money the King hath buried in this country for the maintenance of the army. Sir Charles Cornwallis will certify "what a weak council we have here, consisting of 20 soldiers at the least." In the first three years of His Majesty's reign, there was not corn or cattle enough in Connaught and Ulster to feed an army three months. Temporising courses give opportunities to traitors. "A giddy headed fellow," Sir Jamas Gough, has done much harm, by publishing a counterfeit message from the King, and has been committed to Dublin Castle. The terms of this message are said to be contrary to the instructions for administering the oath of supremacy. It is formed of "some notable plot," but cannot yet learn "what it is." Has imparted many things to Sir Charles Cornwallis, who "will acquaint your Lordship particularly."—Dublin, 30 November 1613.

Pp. 4. Orig.