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1577.

Jan. 27.

Vol. 601, p. 63.

cesse 1d. sterling per diem, wherewith they hold themselves well contented, the commodity of cesse being turned another way to no relief of the country. And for the further easing of her Highness in respect of his increase of pay, both her Majesty and your Lordships may assure yourselves that, this being proponed in Parliament, the country will contribute towards it, to the uttermost of their powers, wherein we will persuade by all the ways we can."

7. As to any other grieves besides cesse, we were not appointed to deal therein.

Signed Barnaby Scurloke, Richard Nettervyll, Henry Burnell.

Contemp. copy. Pp. 71.

45. LORD DEPUTY SIDNEY to the PRIVY COUNCIL.

Since my letters of the 20th September last, dated from Galway, I still remained in expectation of answer to my former letters, which came not before the 23rd inst., when it was brought me by my servant, James Prescott. I cannot justly lay the fault to his negligence, but to the contrariety of the winds and untowardness of the weather, which would not suffer him to pass.

In my letters from Galway I spoke of my proceedings in Connaught in pursuit of the rebels. The day following I went to Athenry, so to the Shrugher and into McWilliam Eughter's country, and within a day or two came to the castle of Ibary, which I had caused to be besieged beforehand by certain companies I had dispersed from me, to lie in that country and to make head against the Scots, who were reported to lie not past five or six miles from the place of this siege, and to have gathered together all the prey of the country. The castle was noted to be a very strong piece.

"At my coming thither, the mother of two of the principal gentlemen that were in the ward of the castle and sons to Edmund Burke (who was sent from the Earl of Clanrickard' sons, to entertain the Scots to come into Connaught to the aid of those rebels,) made humble suit unto me, that she might speak with her sons; and first she entreated for their lives, that I would grant them pardon, which I would not in any sort assent to, except they would presently yield the castle into my hands, and simply submit themselves, their lives, lands, and goods to my devotion; and assured her that since I was come thither I would not depart thence and leave the place before I had won it. She thought the conditions very hard; nevertheless, tendering much her son's lives, went to them by licence from me, and put them in so hard hope to obtain mercy (but upon these conditions) as the misery of their state made them to hazard the extremity of fortune, and so privily at a spikehole on the back side and in a main wall of the castle (which during the parley they had wrought somewhat wider), and made passage to let down a man by

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device into the ditch betwixt the twilight and setting of the watch, the ward stole away and escaped with their lives."

Hither came to me McWilliam Eughter, whom I rebuked, because, though I was come into those parts to repossess and settle him in his country, he had neither come nor sent to mc. He alleged that he had gathered his strength and people together, and forthwith gave a sudden charge upon the Scots, crying" Bows! Bows!" The Scots, thinking it to be true fled away, and left all the prey behind them. I delivered to him the castle I had taken, to keep it to her Majesty's use, and all the castles and piles of which he had been dispossessed.

"

From this place I meant to have gone to Sligo, but by reason of extreme rains the water of Moy was risen so high that, having no boats, I could not pass either my horsemen or footmen over. And besides the soldiers were overtoiled and wearied, and many of them feeble and sick. Moreover, I thought the journey less necessary, for that O'Connor Sligo came to me thither, with the Clandonnells and all the rest of that country, and because the Scots were fled the country, leaving Ulick Burke, who likewise fled to the mountains of Slevartye to his brother Shane; O'Roorke also sent to me, to meet me where I would appoint him.

"I returned homewards by the plains of Connaught towards Dublin, and left Sir Nicholas Malbye possessed of the houses of Roscommon and Athlone, and all the Earl's houses in Clanrickerd, besides two bands of footmen, and Captain Daniell's company of horsemen, 200 of the Clandonnells of Leinster, being her Majesty's galloglas, with 100 kerne; all to be at the direction of the Colonel, over and besides his own company, being 30 horsemen and 20 footmen; and gave him order and commission to take bonaght and spending for the finding of the galloglas upon such countries and lords as had not yet compounded with her Majesty for their lands. And so leaving him sufficient authority and power for the government of the province, I departed thence and arrived in Dublin the 13th of October." Sir Nicholas Malbye is a sufficient man for the service of Connaught, being forward and valiant. I thank your Lordships for your choice of so fit a man to the place.

The hope of the Earl's enlargement, so daily gaped for, is the only cause of the wars there. But in truth the Earl's cause falleth out against him every day fouler and fouler, as both by his own confession and the depositions of others" will appear to you. With them I will send you a bill drawn. for his attainder by Parliament, if he be not found a bastard, as it is thought he may be, and then he may be tried by a jury of common persons. His sons' wars and his once suppressed, the revenue of Connaught will in short space bear the charges of Connaught.

"The province of Munster is universally quiet as yet, but the President findeth some stubbornness of Thomond, in not

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obeying such orders as be taken against him; and some wilfulness of Desmond, that he will not be withdrawn from his wonted exactions; and such a general repining throughout to bear cesse, not without some intelligence, or, as it is rather to be suspected, conspiracy, with them of the English Pale." Howbeit the Lord President holds them in great security of quiet. If the cess might be converted to a certain subsidy, the revenue of that province would do more than bear the charge of the same.

The English Pale is very quiet. Never has a winter passed over with less loss and fewer stealths and bodderagges. "The only gall of the Pale for this present is the wilful repining at the cesse, which is stirred up by certain busy-headed lawyers and malcontented gentlemen, who indeed bear not themselves the burden of it, but the farmers and husbandmen, who willingly would contribute toward it, if the gentlemen would suffer them; insomuch as the county of Meath being twice as big as any other county of the English Pale, hath offered to give five marks sterling out of every plowland, which is not above 2d. sterling out of every acre; and yet if the same. were universal over Leinster and Meath it would amount unto above 5,000 marks sterling by the year; and yet in this accompt all ancient freedoms shall remain and continue free still. The repiners from whom these new freedoms are now taken, and to whom the same were first granted in respect of service to be done by them at general hostings, it was a mockery to see what sorry service those men they set forth either did, or for their training or ability were able to do, for their freedoms, so that the Queen lost both ordinary and extraordinary subsidy; the consideration whereof moved me to call the statute in question, whereby they challenge these new freedoms and exemptions; and the statute being seen and scanned upon, it was found that they could not justly any longer claim any freedoms, by force of the same statute, and so abridged both by my Lord Chancellor and Sir Lucas Dillon, none of the rest professing the laws, willingly agreed to that judgment, and yet not any of them all, in learning nor reason, able to maintain probable argument to the contrary.

"And lest this name of cesse, being not an usual word there, might seem to carry some secret mystery in the term, being misconceived, may it please your Lordships therefore to conceive that cesse is nothing else, but a prerogative of the Prince, and an agreement and consent of the nobility and Council to impose upon the country a certain proportion of victual of all kinds to be delivered and issued at a reasonable rate, and, as is it commonly termed, the Queen's price; so that the rising and falling of the prices of victuals and accatts, and the seasonableness of the times, dear or cheap, makes the matter heavier or easier to the people. For when the cow was commonly sold for 8 or 98. sterling, the peck of wheat for 28. 8d. or 3s. the peck, and the mutton at 12d., and of the

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rest after the like prices, this burden was not felt, but such an agreement betwixt the soldier and the countryman, and so desirous and loving one of another, as there was no repining, but so welcome was the guest to the host, as there was ever grief and sadness at their departing each from other. And now, although as much be paid as ever was in rate, yet the price growing higher, and the insolency of the soldier more, than it was wont to be, in exacting of money upon the poor farmers, and sometimes escaping uncorrected for the same, (which happeneth as seldom as never if they be complained upon), provoketh this kicking and spurning at cesse.'

At first they exhibited their complaint to me and the Council, and I offered to join with them in advice, if any way might be thought of to ease their griefs, and not any further to charge the Queen; for the soldier could not pay above the rate he did for his victual. My Lord Chancellor afterwards took great travail to set down their device and had both the gentlemen of the country and victualler[s] before him, and heard their objections and the victuallers' answers. Yet the gentlemen, not satisfied with any thing I can do or invent for their good, conspire to complain of cesse, and of me and my government. Your Lordships should mightily maintain it with your grave censure, for without it, or a subsidy instead, the revenues will never bear the charge of the defence of this country.

As to my government I crave no more but that I may be heard before I be condemned. "The poor man's burden. (whom I seek most to ease), by reason of the revocation of these new freedoms, bear a far more easy charge, since some of the gentlemen then neighbours contribute with them more than heretofore they did. They are glad and thankful for it, though others repine and spurn at that which they cannot in any sort remedy, as long as they are not able to defend and maintain their own without the aid and help of a garrison to reside amongst them. It was avouched unto me in a general speech by the country that there was paid 91. out of every plowland for cesse. I offered to discharge them for four marks. And this is the hard hand and ill will I bear the country."

I send herewith the state of the charges of the whole year from 1 October 1575 to 30 September 1576. Although I have somewhat exceeded my promise for this year's charge, the same hath grown chiefly by payments and imprests I made out of my assignations for grown due, before the time I entered government. Yet for urgent causes, and saving her Majesty's further charges, and to disburden the country of the extortions and oppressions of the soldiers that remained

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discharged and not paid, I caused to be issued out, as may appear more plainly by a book of particularities and rates set down, and signed by Mr. Treasurer (Sir Edward Fyton) and the Auditor (Thomas Jenyson), which herewith I send to your Lordships; of which sum I disbursed for things due before my time, amounting in the whole to 1,2637. 3s. 8d. sterling, I am humbly to crave allowance and consideration at Her Majesty's hands; besides the large imprest delivered by order there unknown to me, or without my privity here; and some entered into entertainment so long before their coming hither, and nevertheless the whole charge continued here, for the service of the country, although no such allowance had been granted there, which grew in the end to a double charge to the Queen; moreover, this unlooked for broil and stir in Connaught, which drew some extraordinary expense.'

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It cannot be expected that this next year her Majesty's charges can be lessened, these winter's wars have been already so chargeable. I endeavour to bring each province to defray its own charges. Both in Munster and Connaught I have made compositions with divers lords and potentates of Irish countries for a certain annual rent and service, as may appear by a book of a particular rental sent to Mr. Secretary Walsingham. If justice may be continued amongst them, I doubt not within two or three years to make that as certain a rent and revenue to the crown as any yielded by the English Pale.

"There is besides, for the reducing of Munster and Connaught to more pliantness and aptness to yield obedience and embrace justice and civility, several commissions devised, wherein the Commissioners take travail to appoint a certainty betwixt the lord and tenant, that the lord may know what he should demand and the tenant what he should pay, to the end to abolish all Irish extortions and unjust customs amongst them."

I likewise send a book of the state of the army, and a book of all such fees as are due to the patentees. I beseech you that money may be sent over hither to discharge that debt. It will be greatly to their comforts, if special care be had of them in time; "for if they should expect their payments to be made out of the arrearages (as they are brought in), that will not be in a long time, and as the same cometh in, it must be employed for the payment of old debts, due for victuals taken up, for wages of artificers, labourers, and stuff taken by commission for buildings, fo[r] wages of stipendaries and other extraordinary [expenses]."

In my memorials for Connaught I left unremembered the good service done by Thomas Le Strange and Captain William Collier, "whom I left, in the interval betwixt my first journey into Connaught and the settling Nicholas Malbie colonel there, to have in mine absence the principal rule in that province." Placed by me at Balliloghreughe, a principal house of the

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