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reformation of Munster and Connaught, and what likelihood we see that those provinces will be in short time brought to bear their own charges, that her Majesty for a time may be persuaded to be still at some charge for the continuance of those two authorities.
(13.) The like reason may be yielded for Ulster, and declare the conformity we find in T. Lenaughe, as may in
part appear by the late service he attempted against the Scots.
(14.) It is alleged that I, the Deputy, go about to impose a new kind of cesse upon the country, and “to bind them and their inheritors to a thing royal and of perpetuity.” Declare that I had no intention of charging the country with any new kind of cesse, but to make a conversion of the cesse into money, and thereby to create her Majesty a rent, thus reducing the country's charge from Sl. to 5 marks upon a ploughland.
(15.) “For the matter of the cesse general and particular, and what hath been imposed upon the Earl of Kildare's lands, by reason of the dissolving of the new freedoms; and what proffer I, the Deputy, made [for] my stable, and what device I set down to disburden the country of the keeping of my horse and horseboys, which as they allege is a charge to them of 660l. at the least, and I offered to discharge them for less than half the money, and that from henceforth they shall not be troubled hereafter with horse or horseboy; which they refused to accept, the farmers alleging that they durst not enter into any composition at all, were the same never so reasonable, for fear to offend their landlords.”
(16.) Declare that if her Majesty be resolved to take away cesse totally, and if it please her to give me the allowance that other Deputies have had who have not had cesse, viz., for me and my company sterling pay, where now I have but Irish pay, although prices are far dearer now than formerly, I will submit to that order.
(17.) The ancient laws which you have discovered in the records of the Rolls, we leave to your discretion, to be recommended, enlarged, or corrected as you think expedient ; wherein you shall do well to have conference with some of her Majesty's learned counsel there, so that, having agreed upon a form, the same may be sent hither to be engrossed and passed under the Seal, to be sent thither as in such cases of acts of parliament is commonly used. We require you to use all diligence that they with the rest may pass at the next parliament.
(18.) Remember to procure to be sent thence the manner and order of the process that is used for the trial of noblemen ;
for here is no precedent of it to be found, if need should so require.
Signed at the beginning : Henry Sidney; at the end ? W. Drury, H. Miden., N. Bagenall, Lucas Dillon, Nich. Malbie, Francis Agard, John Chaloner. J. Garvey.
Pp. 6. Endorsed.
2. Contemp. copy of the same.
74. CAPTAIN NICHOLAS MALBIE.
“A note (by Captain Malbie”) of the order agreed upon by the Lord Deputy and Council of Ireland, with the consent of the noblemen, gentlemen, and commons of th’ English Pale, for the allowing of a proportion of oats yearly unto the horsemen of th’ army for the price of 12d. the peck of that country measure, to be paid them by her Majesty; which order was made in anno 1571 ; with condition that the soldiers of th’ army should be removed from the cesse of th’ English Pale, and placed to lie in garrisons upon the frontiers.”
Contemp, copy. P. 13.
75. The QUEEN to the LoRD DEPUTY (SYDNEY).
Our cousin Connoher, Earl of Thomond, has made suit here for our confirmation of all letters patents of Henry VIII., Edw. VI., or ourself, concerning “his father's creation or state of his earldom, or himself and his succession, or for assurance of any lands.” He has also besought us that his som Donoughe, now Baron of Ibrechan, and brought up here in our Court, might be nominated by us in the remainder of his earldom, although the same be not needful if he be his lawful eldest son. We have not only consented that such a confirmation shall pass under our Great Seal, but also have descended into consideration of other petitions which he has exhibited to us and our Council, wherein albeit we do declare our opinion or disposition to you, we refer to your consideration the manner of our grants to pass under our seal there. (1.) Our cousin has desired to have freedom from cesse in all his lands with [in] the country of Thomond, which he saith are comprised in eight baronies, beside the barony of Ibrechan, and desires the like in the rest, or at least in some of the other baronies. He has showed forth here an exemption or freedom of certain ploughlands granted from Sir William Drury, now President of Munster, in certain of his said baronies. We have thought good to agree that he shall have, during his life, the freedom of the ploughlands so set down by our President, and the freedom of the barony of Ibrechan. (2) “The said Earl pretendeth an ancient government by way of commandment over the freeholders within Thomond, especially in making of surnames, and atter the decease of the chief of every name, to allow of the next captain or successor,” which custom he prays may continue in him ; “ or else for his relief, if the lands be or shall be brought to an ordinary succession of inheritance, as were to be wished both there and in the rest of the Irishry, that the wardship of their heirs may be at his disposition, as he by his tenure ought to be ward to us.’” We could be contented, if you think it so good, foreseeing that certain choice persons of the best sort be exempted, because we find the discommodities in other parts of Munster, where principal men depend upon such capital men as he is. They might be induced to surrender their lands and have estates of inheritance again from us. (3) “He hath alleged that great sums of money are due to him and to th’ inhabitants of Thomond by us for cesses reared there by the several warrants of yourself, our late Deputy, Sir William Fitzwilliams, Sir Edward Fitton, and Sir William Drury, during the several governments of you and them; which sums the inhabitants have substituted him to receive, as he saith, and offereth to prove that great sums thereby are due to him and his country, by the lack whereof he allegeth them to be greatly impoverished.” You shall cause due inquiry to be made concerning the said cesses, how they have been levied, to whose hands they have come, and what defalcation has been made upon the wages of such as have received those beeves and other cesses, to th’ end that the ordinary prices heretofore by prerogative answerable for the same may be satisfied to the said Earl and to the people in his country by such as ought to allow it upon their entertainments. In the meantime we have thought good to lend him 200l. (4.) He desires that the custom of Clare and Clanrode may continue in him as in his ancestors. As they are but small privileges, (whereof the like are due to many castles in Ireland,) upon merchandises of wine and ale brought from . port towns to those castles, the same shall be granted to him. (5.) He desires that the bonnought of galloglas that has been accustomably paid out of his own lands may be reserved to himself now that the galloglas are discontinued. We conceive that the bonnought was a cesse of victuals reared universally upon the whole country of Thomond for the wages of the galloglas, according to the number of the spears, whereof
* See his letter of 16 Sept. 1577, State Papers, Ireland, vol. lix., uo. 17.
part was reared upon the possessions in the Earl's hands, and
part upon the lands of the freeholders. So much of that bonnought as has been leviable upon the Earl's own lands shall be remitted, whilst the service of our galloglas shall cease. (6.) It appears that by the grant of King Henry VIII. he is possessed of the moiety of the abbey of Clare. He prays to have the other moiety also yet in our hands, with the friaries of Inrye and Cohenny, the chantries of Termen Shemin, Termen
* In Vol. 607, “as his heirs by this tenure ought to be wards to us.”
Toloughe, Termen Minoughe, and Termen Shenoway. On survey thereof by our Surveyor of our said realm, he shall have an estate of all the premises in tail male, reserving such rent as by the surveyor shall be allotted.
(7.) He desires the island of the Innescattes, upon pretence that he would convert it to a fish town. Because we suppose it to lie within the river of Shenin, and of some importance to the city of Limerick, we require to be informed from you touching the situation and importance of the place.
The rest of the articles we refer to you, to make grants and estates to him under our great seal, either during his life or during pleasure, or to him and his heirs males of his body. These shall be sufficient warrant to our Chancellor for sealing the same.
[Windsor Castle, reign.
Contemp. copy. Pp. 6.
,” October 1577, 19th year of our
2. Another copy of the same letter.
76. The QUEEN to the Lord DEPUTY (SYDNEY).
Since the arrival of our Chancellor here we have caused due examination to be had by our Council of the griefs and complaints of our subjects of the Pale. Sufficient matter was produced by the Chancellor for justification of you and that Council, and all your doings in the continuance of the cesse ; and we found that our said subjects have not been oppressed or in any way abused. It appears that we and our progenitors have been long invested therein ; that the burthen is chiefly in the distribution; and that no men have had less cause of offence than the informers and their confederates.
As it seemed that the informers sent hither intended to bring our authority in contempt by impugning our prerogative and slandering you our Deputy, we have committed them to the Tower of London, and do judge it also expedient that Scurlocke should receive like punishment from you in Ireland.
We understand that certain of our nobility, at the assembly for the cesse last agreed upon, did publicly refuse to subscribe to the same, as accustomably heretofore they have done. If this refusal proceeded of contempt, you shall extend such punishment upon them as by you and our Council there shall be thought convenient. You shall call before you as well the said refusers as the other principal persons that were by you before committed for impugning the cesse, and move them not only to subscribe to a submission and an acknowledgment of their fault, but also in writing to allow of our cesse. If they refuse, you shall punish them with all severity. If you find them conformable, you may make it
* ISlank in MS,
public that though we cannot see how they may be eased
of the cesse this year, yet we mean to give order for the easing
thereof in time to come.
77. DISORDERs in IRELAND.
Orders taken and agreed upon by Sir Henry Sydney, K.G., President of Wales and Lord Deputy of Ireland, and others of the Privy Council in that realm, “for remedying of such disorders and griefs as are complained of and presented to charge and annoy the universal state of the said country:”— respecting idle followers, felons, the Brehon laws, stolen cattle, county courts, ferries, rhymers, septs, and horseboys.
Contemp. copy. Pp. 33.
Proclamation, by the Lord Deputy and Council, for reformation of disorders in Wexford. They have received perfect intelligence, as well by several supplications and complaints in writing, as by the presentment of 13 persons of the best calling, sworn to inquire on her Majesty's behalf, in the present sessions holden for this county of Wexford, of sundry abuses, extortions, and oppressions" practised by divers persons. Therefore they have thought fit to remedy some part of these griefs, and for those which presently cannot be ordered have appointed commissioners to execute such order and device as they have considered of. They signify the same by the present proclamation to all the inhabitants of the country now assembled, commanding them to obey the orders which shall be taken by the Lord Deputy and Council or by the said commissioners. Signed by Sydney at the beginning. Contemp. copy. Pp. 2.
79. THE CESSE.
“Henry Burnell his device to ease the cesse upon the country for the victualling of the garrison in Ireland.”— The country to be discharged of cesse, and pay a contribution towards the victualling.
II. “The answers of the Earlss] of Kildare, Ormond, and the L. of Donsaney unto the device proponesd] by us to the right honorables the Ll of her Majesty's] most honorable Privy Council.”
Signed : R. Netterville, H. Burnell.
III. Two paragraphs signed by Ormond and Dunsany, giving their consent to this contribution.
Iv. The demands of the Privy Council.
Ibid., p. 147a.
* The same as those mentioned in the preceding document.