1578.

"The recognizance was drawn and delivered to them, the condition whereof was that from the first of November they should well and sufficiently victual the soldier with such proportion as in the articles was contained. After consultation they inserted unto the said condition this clause, so as at th' end of this month they might have sufficient storehouses and other necessaries for victualling at her Maties charge prepared. The Lord Chancellor and Council told them the mislike of such a conditional recognizance." Dispute respecting the storehouses, which were in decay, as appeared by a survey made by Michael Kettlewell, surveyor of the Queen's works.

"The cause they said which moved them to make the offer in England to victual the soldier without charge to her Matie was the hope they had to receive the hid gain, which before that time was gotten as well to the great charge and deceit of her Matie as of the country, when officers under her Matie had the victualling; which gain they said would countervail all the loss the country should take by finding the horseman 9,000 pecks of oats; and for our better understanding of the truth thereof they delivered to us the note annexed, containing all the charges, with the whole charge of victualling on 1,000 soldiers, rating corn and beef at the highest price, and containing also what the imprest would amount unto, and the yieldings of the country, and so the gain manifest."

"Their meaning was not to prepare the oats, except they might have storehouses and all other necessaries, with houses for brewing and baking prepared for them. At length we agreed to meet again at Trim on the 16th of the said month to receive their agreement in writing from their agents, who delivered to us the articles ensuing.

II. ARTICLES of AGREEMENT between the Lord Chancellor and others of the Council, and the "noblemen and gentlemen" whose names are subscribed.

(1.) For supplying the present necessity growing by the want of storehouses and other necessaries for victualling, notwithstanding they be not bound thereto by the composition moved in England, "the country shall give towards the buying of oats for 300 horses for 15 weeks, beginning the 15th of October 1578, over and besides the 1d. sterling for every soldier of 1,000 soldiers, the sum of 10d. sterling for every peck of 4,500 pecks, although the country should have saved in the victualling (being put to them) so much as would suffice to provide oats for the said horses."

(2.) For the said penny of increase, they shall pay to the Treasurer at Wars 1251. sterling monthly for four months. (3.) For provision of oats 1877. 10s. shall be paid to the said Treasurer.

(4.) The country to forfeit 3s. 4d. for every pound behind and unpaid.

1578.

Vol. 628, p. 143a.

Nov. 20. Vol. 628, p. 286.

108.

109.

(5.) This agreement not to be prejudicial to the composition moved in England.

Signed: Richard Netterfield, Henry Burnell.

Present: William Gerrarde, Chancellor, Thomas Armarchan., Adam Dublin., Henry Mideagh," —† Garvey, John

Challoner.

*

"The offer in England was to give the 1d. per diem to the number of 1,000 soldiers, and although it was told them that the 7 odd allowances to every 100 maketh up a perfect band of a 100, and so those like allowances ought to be yielded by them for the 1,000, yet they refused to yield the same, except they had the victualling put to them; and herein dissenting we received the 1d. per diem for the 100 only, without the 7 odd allowances, until the Lords of her Highness' said Privy Council had resolved how the same standeth with their officer in England."

Contemp. copy. Pp. 41.

VICTUALLING of the ARMY.

"Orders to be put in execution by those to whom the oversight o[r] disposition of the victuals for her Maties army in Ireland is committed."

Contemp. copy. P. 1.

LORD JUSTICE DRURY and SIR EDWARD FYTON to the PRIVY COUNCIL.

We have returned out of the West. And first for the cause of our journey. Not only I, the Justice, but also the Lord Chancellor and the Deputy himself not long before his going hence, had received sundry complaints from the Archbishop of Cashel that he was injured and oppressed daily by Edward Butler, brother to the Earl of Ormond, and that he was as good as besieged within the walls of his castle; and no less grievous complaints were added to those of certain spoils committed by Sir James of Desmond, the Earl of Desmond's brother, upon some of the Butlers and their followers.

Accordingly on 29 September I departed this city, taking with me of the Council none but Sir Edward Fyton, the Treasurer. Commissioners had been before appointed for that province. Barry, Roche, and other noblemen had spread a report that her Majesty would no longer be at the charge of any particular government within that province hereafter. That first day I went but to the Naas, 12 miles distant from this town. The next day we came to Castle Dermott, unto which place came unto us Hugh McShane and his son Feagle,

66

* Qu., mistake for Hugo Midens., i.e., Hugh Bradie, Bishop of Meath.

† Blank in MS.; but it is doubtless the signature of John Garvey, Dean of Christ Church.

1578.

which Feaghe having about 10 days before openly submitted himself in Christ's Church in Dublin, at what time he was com nitted to the custody of Sir Henry Harington, knight, seneschal over the Byrnes, he now came thither with his father eftsones to submit himself and to acknowledge his offences, and to put in both their pledges."

"Thither came in like sort unto us Shane McRory, one of the O'Mores, and the most trusted man about Rory Oge whilst he was alive, and he that only escaped with him at the time of the recovering of Captain Harington, and Teig McGilpatrick O'Conor, who in like sort made their humble submissions unto us."

"The morrow after we came to Leighlin, whither Bryan McCahir (who since is dead) came unto us and put in his pledges, and with him one Morice McBryan O'Cullen, a Cavenaghe of loose life, and one that until now was upʊn no man's pledge; who there submitted himself and put in his pledge. There, because the presence of one of Rory Oge's sons, a boy of 6 or 7 years of age kept there with Mr. Carewe, whom I had gotten with a brother of his whilst Rory was yet alive, ministered to me, the Justice, occasion, and that I perceived some there that were likely and meet to report my speeches, I declared openly before all the audience there that, whereas I had in safe custody two of the said Rory's sons, I was resolved, whatsoever other pledges I had or should receive for the dutiful behaviour of the O'Mores, for the first harm committed by them or any of them in open hostility, to execute the one of them, with torment enough, to the example and terror of others, and upon the second fact or spoil to execute in like sort the otlier, as preparatives to the other provisions which I should intend for their better bridling and keeping in awe: which words so by me uttered and delivered at my request to some of them hath undoubtedly bred no small terror in their minds.

"To that place was brought unto me Granie my Maille, a woman of the province of Connaught, governing a country of the O'Flahartey's, famous for her stoutness of courage and person, and for sundry exploits done by her by sea. She was taken by the Earl of Desmond a year and a half ago, and has remained ever since partly with him and partly in her Majesty's gaol of Limerick, and was sent for now by me to come to Dublin, where she is yet remaining."

We came to Waterford on 3 October, and were received with great solemnity by the mayor and his brethren. A notable malefactor, John Brenaghe, a mean gentleman of the surname of the Welshes, of the Welsh mountain in the county of Kilkenny came in upon the assurance of Patrick Sherlock, sheriff of that county. He had greatly annoyed Waterford. I refused to accept his submission unless I saw him come with a rope about his neck, which the poor fellow was willing to do, and offered to put in sufficient persons to

1578.

be bound for him in 500l., whereupon he was committed to the custody of Mr. Davells, to remain with him until our coming to Kilkenny. Immediately after him, one Ferdoraghe Purcell, alias John McEdmond Purcell, a gentleman of Tipperary, presented himself before us with his submission.

"The Earl of Desmond repaired thither unto us with his brother Sir John, as to welcome us into the province; and so did likewise the Butlers, viz., Sir Theobald Butler, seneschal of the liberty of Tipperary under my Lord of Ormond, Edward and Piers Butlers, brethren to the said Earl, and Richard Shee of Kilkenny, who on their behalfs exhibited there by writing their griefs against the Earl of Desmond's followers; but this Lord being come but to see us, and remaining with us but one night, there was appointed a further time for him to exhibit in the behalf of his followers his complaints against them, and the place we assigned Limerick for that purpose, thinking it fittest for both parties.”

us.

We compounded with the Poer's country for a yearly rent in lieu of cesse, and with part of the Desees. On 11 and 12 October we lay at Dongarven. The 13th day we came to Yoghull, where the Earl and Countess of Desmond entertained The next day we stayed at Clone, and on the 15th cane We remained there till the 19th. Viscounts Barry and Roche, the Lord Coursy, and Sir Cormock McTeig, with other principal men of that country, came thither to us. The great ones oppress their poor tenants. "One poor man, a freeholder under Roche, holding 8 plowlands of him, was kept by him in a handlock until such time as he had released 7 plowlands and a half, to have the other half plowland free and exempted from his accustomed exactions; which when he had done, the said Lord Roche, notwithstanding the said composition, yet ceased not to charge and impost the said half plowland as he did the rest of the country.'

"Likewise certain tenants of his and Barry's, having controversy with them for title of land yet depending, and the possession remaining in the poor man's hands, this harvest, because the said Lords saw the season to yield all kind of fruit abundantly, they without further process, as their own carvers, swept away clean all the corn growing upon the ground, and left the poor people clean destitute of any relief. We ordered as well the restitution of their corn to them, as freedom to the other poor man of his half plowland."

Thither came to us again the Earl of Desmond, against whom the seneschal of Imokelly exhibited a much like complaint for taking from him his corn. Information was made against the late mayor of that city and the inhabitants for an outrage on seven soldiers of the Provost Marshal's, who, upon the occasion of seizing of a roll from a woman's head, were assaulted. We fined the corporation in 20. sterling, and condemned four ringleaders of that tumult to stand four or five days upon the pillory, and the last day to lose their ears.

1578.

"Understanding of a notable idol or image of St. Sunday or St. Dominick, whereunto great offerings were made by night every Sunday and holiday, because time served not for us to stay for the searching of it out, we left commission with the Bishop, the Mayor, and other discreet persons, to inquire and search for the same, who within two days after our departure laboured so diligently, though it were carefully shifted out of the way, as they found it, and burnt it at the High Cross openly, the Bishop himself putting fire thereunto, not without great lamenting of the people."

We compounded there with Sir Cormock McTeig again for the year to come for his country, and caused six malefactors to be executed. On the 20th we came to Castletown, my Lord Roche's house, between whom and the Earl of Desmond were great strife and controversy. We rebuked Desmond for overcharging his country in preparation for our coming thither. Next day we came to Kilmallock, where a like complaint was exhibited by some soldiers against the town as at Cork, which, in respect of the poverty of the town, we punished by sharp admonishing.

On the 22nd we came to Limerick. There the Earl of Desmond met us again, with the Earls of Clancarre and Thomond and others; and likewise Sir Theobald Butler and Piers Butler in behalf of the rest of the Butlers. We arranged the disputes between the Geraldines and the Butlers respecting stolen goods. Sir James of Desmond sought privately to be admitted to the presence and speech of me the Justice, but I utterly refused it until he should publicly acknowledge his fault. A few days after he simply submitted himself, and, not being able to justify his doings, referred himself wholly to her Majesty's pleasure. We committed him to the safe keeping of William Apsly, sheriff of the county, and so brought him afterwards along with us to this town. We determined certain controversies between the Earls of Desmond and Clancarre, and that especially concerning the meers and bounds of the liberties of Kerry.

There we caused sessions to be held, and executed 22 persons. We won the Earl and Countess of Desmond to agree to and subscribe a composition for the alteration of their wonted manner of coyne and livery, and the converting thereof into a yearly rent of 2,000l. We ordered the restitution to the seneschal of his corn against them, and took from the Earl a castle whereinto he had made a forcible entry.

On Thursday 30 October we left that city and came to the Hospital, a house which the sheriff Apsley hath of her Majesty, whither the Earls of Desmond and Clancarre accompanied us, "between whom we prolonged the days of truce, (as we may term it,) which was taken between themselves but until All Hallow Day."