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1578. Feb.

Vol. 628, p. 282.

80.

The PRIVY COUNCIL to the LORD DEPUTY (SYDNEY).

As a good while since you heard of the committing to the Tower of Nettervill and Burnell, we inform you how they have behaved themselves, and how we have proceeded with them. They exhibited to us a petition containing a device how, without further charge to her Majesty than her ordinary pay, and [with] less burthen to the country, the soldier may be victualled. We have caused them to set down their said device in writing, subscribed with [their] names, which we send you, "with a note of such a proportion as they and certain victuallers, with the assent of Captain Acres, have set down for the victualling of the soldiers, whereunto both they having authority, as they pretend, from th' inhabitants of that realm, and the lords of that country birth being at this time here, have also assented by subscription of their hands." We have enlarged them from their imprisonment in the Tower, with charge that they give their attendance when required, and under recognizance we do enjoin them to make their* repair to you.

We think it meet that after you and the Privy Council there have considered their device, you shall call before you the nobility of that land and such other of the chiefest knights and gentlemen within the counties as shall be contributory to this new charge; and then separating from them Scurlocke, Nettervill, and Burnell, you shall demand of them whether they have authorized Burnell and Nettervill to make in their behalf any composition touching cesse. If they say, yea, it is gravely to be considered how the soldiers may at all times needful stand assured of that which is agreed upon as well in garrison as in journey. They do not require to name any victuallers themselves, but such as you shall allow.

Notwithstanding this composition, they assent that her Majesty in all attempts of foreign invasion or great rebellion shall use her royal power to command their persons and livings, and to be contributory to further needful provision.

Among 'matters to be proposed in the next Parliament, there is a device for renewing the payment of the subsidy of 138. 4d., upon a plowland. As this grant rises to a far greater value than the other, her Majesty is pleased that the grant of the other shall be forborne.

Touching the allowance of the 9,000 pecks of oats, whereas her Majesty now pays 12d. for every peck, if you can procure the country (this composition notwithstanding) to receive of her Majesty but 8d., we think it very reasonable and profitable.

"Where [among] the matters subscribed by these agents and the Lords presently here, it is required that all the countries, counties, and places therein named should contribute to this

*"this" in MS.

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yearly charge, we take that motion very reasonable, and that it shall be well that your L. give order accordingly, in the proportion as they be manured at this present, and more to be raised in like proportion. Where they require beforehand out of the revenues of that realm the ancient allowance of the soldiers for victuals according to 4d. Irish the day, to be provided the better cheap, we think it very meet for so necessary a purpose you should make them an assignment of some rents certainly leviable, and to be paid at times certain of the year, to be employed yearly to that end."

If you allow of this device, and agree with the said lords, knights, and gentlemen, you shall cause the same to be entered into the Council Book, subscribed with the hands of the noblemen, as an order to continue for ten years or under.

And

If you find these agnts had not such warrant and have abused us, you shall commit them to the Castle. albeit that these agents were appointed and that you agree upon this composition, yet considering their manner of dealing, and what evil may ensue to that State by sufferance thereof unreprehended, a collection has been made of the particularities of their misdemeanors, as well there as here, in prosecuting this cause; and the same we do send you herewith. They are to be charged with the same in some public place. You shall make them understand that they deserve great fines to be put upon them, and to have been more hardly handled, by seeking the touch of her Majesty's power and prerogative royal never denied to any of her progenitors;" and then you may dismiss them.

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As to Tirloughe Lenaughe and his nobilitation; Sir Nicholas Bagnall's request for freedom of his town of Newry, to help the walling of the same; the order to be taken with Clanricard; the sending of more persons to be executioners of justice; the laws to be passed in the next Parliament; and the Treasurer's accompt for the last two years, you shall receive full answer upon the return of the Lord Chancellor, who, after his long attendance, is licensed to repair into the country.

Hampton Court,

February 1577.

II. "A NOTE of the MATTERS QUESTIONED WITH US by the
Right Honorable Mr. Secretary Walsingham and the
Lord Chancellor of Ireland, appointed thereunto by the
Lords of Her Maties Privy Council."

"Being demanded what authority we had to offer composition for the matters of cesse, we say that the lords and gentlemen who sent us hither condescended and promised unto us that whatsoever order we should agree upon with the Lords of her Highness' most honorable Privy Council in England for contribution to be given in place of cesse, they would stand and perform the same; and being demanded what offer of contribution we would make for the same, do say that the

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country shall discharge her Matie of the charge to be sustained in victualling of 1,000 soldiers."

Whereas 1d. a day more than the soldier's entertainment is given towards his victualling, the country shall yield that penny for those 1,000 soldiers, or else victual the same garrison.

The charge at this day being laid upon the ploughland, that order the country is to alter, and lay the charge upon the ploughs within the counties of Dublin, Meath, Westmeath, Louth, Kildare, Caterlaughe, [Wexford,] Kilkenny, and Tipperary. The charge of a plough will not exceed 38. 4d. The Queen to receive the money from the country, and take the victualling on herself. If she leave the country to victual then the said contribution to be levied and delivered for provision of victuals.

We require that the noblemen of our country which are here may be conferred withal upon this device; that the soldier's allowance of bread, beer, flesh, butter, cheese, and herrings by the day may be made certain by the Council here; and that victuallers may be questioned what quantity of wheat, malt, and other provision will furnish 1,000 soldiers by the year, to the end that the country may know what grain and other provision they shall be bound to deliver, if the Queen put over the victualling to the country.

III. "A COLLECTION of the CAUSES for the which it hath been thought necessary to commit Nettervile and Burnell all to the Tower of London."

"First, because it appeared that without warrant of you the Lord Deputy they made divers assemblies upon pretence of a general grief, as hath bred a factious contempt in the nobility and countrymen against the Government there. Item, that without lawful authority and warrant they cessed the country to bear their expenses in this their travail. Item, they combined by oath to prosecute this cause. Item, they comforted by messengers those in prison, the nobility and the rest in the castle of Dublin, to stand in their wilfulness. Item, they uttered before us such speeches whereby we gathered they were still of the mind that her Majesty's royal power and authority prerogative extended not by law to impose cesse as had been used.

"Item, for that by letters they solicited and maintained manifest slanderous untruths, that the lords of the country had preferred to her Majesty and to us that against law you the Deputy and Council there had more heavily burthened them with cesse for the garrison of your household than ever heretofore had been laid [on] them, where by proof it plainly appeared that you, having 1,500 soldiers in pay, cessed them to victual with her Majesty's pay but 500, and that your L. followed such course in victualling those 500 as was taken by Bellingham, which proportion we saw entered into the Council

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Book granted by themselves that with less the soldier cannot be victualled; and for the provision of your horses you followed the order taken by Sir William FitzWilliams, and manifested by your officers, and by the sight of certain notes of your house you followed the last proportion taken by Sir W. FitzWilliams in those four years of his government.

"Item, chiefly for that we gathered by their refusal of such reasonable offers as the Lord Chancellor and Council offered them in Ireland to compound for cesse, they took this their journey rather upon will to exclaim than to seek ease of any . grief.

IV. "An ANSWER to the QUESTIONS demanded by Nettervill and Burnell by William Grene and Jo. Bland.”

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Wheat. There may be made out of a peck of good wheat of Dublin measure, containing 16 gallons, 120lb. weight of bread, meet for any soldier.

Malt. Also there may be made out of every six pecks of dredge malt, half beer malt and half oat malt, one tun of beer, containing 240 gallons, the malt being merchantable.

Beef.-A beef that costs 20s. contains in weight 200lbs. Mutton, pork, and bacon.-Allowance for a soldier a day instead of his allowance of beef, 21b. mutton, or 2lb. pork, or 14lb. bacon.

A sufficient proportion of victual for a soldier for a fish (flesh?) day-bread, 24 oz., 1d.; beer 2 quarts, ld.; fresh beef 241b, or salt 2 lb., 1d.

A sufficient proportion of victual for a soldier for a fish day-bread 24 oz., 1d.; beer 2 quarts, 1d.; butter or cheese 1 lb., or 8 herrings, 1d.

V. "A PROPORTION of VICTUALS to furnish 100 men in garrison for one month at 28 days to the month, after the rate of 100 allowances."

Wheat 35 pecks, Dublin measure; every peck yielding 40 loaves, at 3 lb. the loaf.

Dredge malt, 35 pecks, Dublin measure, and half beer malt, which will make 5 tuns 200 gallons of good beer, after the rate of 6 pecks of malt to the tun, and 240 gallons to every

tun.

Beeves in quarters for 4 days in the taining 200 lb.; total 4,000 lb.

week, 20, each con

lb. to a man per

Butter, for 3 days in the week, at diem, 600 lb. weight; or cheese at 1lb. to a man per diem, 1,200 lb. weight.

Oats, to each of 300 horseman for his horse and hackney, one Dublin peck a week, for 30 weeks in the year.

If the soldier do make any journey for 5 or 6 days, he may take his provision with him from the victualler at the storehouse. If there be any longer journeys, as for six weeks or two months, it must be transferred by sea, and that charge

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Vol. 628, p. 118.

is either to be borne by the Queen, the victualler, or the country.

VI. "A JUST PROPORTION of all kind of VICTUALS to furnish 100 men in garrison for one whole year."

Wheat, 456 pecks. Dredge malt, 456 pecks. Beeves for 46 weeks, after the rate of 4 days in the week, 230 beeves. Butter for 3 days in the week, after the rate of lb. a man per diem, 7,800 lb. weight of butter, or cheese 15,600 lbs. Herrings, for 6 weeks for Lent season, after the rate of 8 herrings to a man per diem for 4 days in the week, 19,200.

VII. "A JUST PROPORTION of all kind of VICTUAL to furnish 1,000 men in garrison for one whole year." Wheat, 4,562 pecks. Dredge malt, 4,562 pecks. Beeves, 2,300. Butter, 39,000 lb. weight. Herrings, 192,000.

Signed: William Gerard.

"If the victualling shall be put to the country, the soldier shall have after the rate of pounds of bread, beef, mutton, pork, bacon, butter, and cheese, and also such rates of beer and herrings, as in this proportion is expressed; and for the oats, the allowance is too great, whereof we beseech their Honours to have consideration."

Signed; R. Nettervill, H. Burnell.

"Mem.-That Captain Acres, having considered of these proportions, affirmeth that they have accustomably been victualled after that rate, and saith the soldiers will be content therewith. He saith that the soldier can hardly without allowance of carriage carry the proportion of victuals for 6 days.

"Mem.-That Gregory Rigges, examined upon the proportion of oats for 300 horse, thinketh it small for horse and hackney, but not possible the horseman with his pay and that allowance to feed his horse except he hath hay."

Signed: William Gerard.

"Mem.-That they agree to victual after the rate aforesaid to every band a 100 and 7."

Signed: W. G.

Contemp. copies. Pp. 11.

2. Another copy of No. II. Signed: Richard Nettervyll, Henry Burnell.

This copy is followed by the succeeding paragraphs :— "We yield our consents to these points."-Gerot Kildare, Thomas Ormond and Oss., P. Donsany.

"This is a true copy of the agreement in England, subscribed by the lords of Ireland there, and the gentlemen sent thither for the country cause, whereunto we whose names are hereafter following do assent and agree; and in witness whereof have subscribed our names.-Rowlande Baldynglas,

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