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78.

John Leigh's land next adjoining the fort as shall be thought meet by his Lordship to be annexed for ever to the said fort for the use and benefit of the constable and the wards thereof after the decease of the said John Leigh and his brother Daniel Leigh.

4. The said John Leigh makes further suit, that in regard of the remoteness of that fort from other places of succour for travellers, it is thereby a place of very extraordinary charge in receiving and giving entertainment daily unto all men of quality who pass to and fro that way; and, besides, divers times in the year, both the judges of assize who ride that circuit, and other Commissioners sent upon occasion of the King's service unto those parts, are by him entertained and lodged. In consideration whereof it may please the King to allow the commander of that fort five shillings English by the day for himself, he having none but three shillings English, which is a very small allowance for a place of such daily charge. This, if it please your Lordships to consider, will, it is hoped, be thought very reasonable both in regard of the petitioner's desert and his brother's, for their long service, and also for the great charge they live at there.

Lastly, as in a place of such importance there is yet neither a porter nor a canonnier allowed, the King may be likewise pleased, both for the better enablement and safety of that place, to give allowance for them at such rates of entertainment as they usually have in the King's other forts in that kingdom, of like strength and importance.

Copy. P. 1.

SIR OLIVER ST. JOHN to the EARL of SALISBURY.

Pardon me if I do not often make a particular relation of those things which concern the Province of Conaght, where I remain, which I presume the rather to forbear because the the Lo: President of the province is there, who can with best knowledge and judgment report them to you, and at this time my Lo. Carewe returns with particular understanding as well of that province as of the whole kingdom, and is best able to relate fully whatsoever can be written by me. the matter of the King's revenue having been principally dealt by his Lordship whereof that of Conaght hath given much occasion of debating, I thought it my part to deliver you some account thereof.

But

Especially concerning the composition made by the freeholders of that province 26 years since, wherein are some clauses concerning freedoms and wastes which have brought that revenue to a continual uncertainty. The freedoms, some of them, are contained within the body of the indentures, and of these there is ever controversy. Others are crept in upon later grants not long after the composition, either by the Lo. Deputie's and Council's grants or by the Governor's and

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Council of the province. Others claim freedoms upon pretence of payment of rent in the Exchequer reserved upon fee farms, or leases; and both these require a thorough examination and judgment, else that revenue will ever be subject to question, and unable to be brought to that certainty which is fit for a revenue of that nature. The freedoms claimed by later grants, as they have been grounded upon several pretences and been yielded unto upon respects of state fitting these times, so have they likewise been by acts of Council here revoked, and all these claims confined within the body of the indentures; yet, hitherto, a wary and tender hand hath been carried in the exacting of them, and sometimes they have been heavy and sometimes not, and still remain undecided to the hinderance of his Majesty's revenue above 1,100l. a year. These that claim freedoms by reason of the reservation of rents in the Exchequer have for the same reason remained undecided, which concerns that revenue almost 2001."

Some of the freedoms of later grant are accompanied with valuable reasons, and may be thought fit to continue. Besides these are others, which may with as good reason be called in, for the examination whereof the Deputy hath issued a commission, that upon the reasons and allegations produced allowances or disallowances may finally be determined.

But for those that claim to be freed by reason of rents payable in the Exchequer, this being a mere question of law, must be decided by the judges. The 10s. compounded for upon every quarter of chargeable land in Conaght was yielded in consideration of freeing them from the cesse of horse and foot and other impositions of far greater burthen, whereunto their lands before that time were subject, and therefore ought still, in my opinion, to be paid, notwithstanding any general words of rent, in lieu of all demands. Concerning wastes there are clauses in the indentures that discharge such lands as are waste, that is (to use the phrase of the country), such lands as bear neither horn nor corn, which being full of uncertainty, and subject to the suspicious handling of collectors, hath been an occasion in former times of ill answering of that revenue, but of late years it has been better. Another point which much concerns that revenue is, that at the making of the composition there were many concealed quarters, and it is now a question whether they shall be subject to pay with the rest.

These difficulties when considered of and settled, I hope the King's revenue in that nature will amount to 2,500l. in Conaght, for Thomond is received and answered by itself. Part of the whole charge will be of necessity abated, and that will be a far greater composition revenue than is yielded by any other province of the kingdom. Another consideration that may much concern his Majesty's revenues in that province riseth upon tenures, for whereas the most part of the

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lands in that province are held of the King in capite, yet hath he seldom had the benefit of wardships, ouster le main, or alienation without license, neither do the most part of the freeholders there know what they mean. I have been, and still will be, an earnest suitor to my L. Deputy, and likewise to your Lordship that because the inhabitants of that country are yet ignorant and not nearly acquainted with forms of the law and the qualities of their tenures, their intrusions may not be granted to particular persons as hitherto hath been, till proof be made by a commission, which the Deputy hath now issued, to draw them that are in danger to a reasonable composition with their goodwill, whereby his Majesty may get a round sum for the present and settle the people in the knowledge of their tenures hereafter.

Another point which may concern his Majesty in that province is, that I make no doubt but there is much land in Conaght held by defective title. Much harm hath come to that province by the over easy passing of them in times past, and some attempts have been made of late to find the like, but I have found the Deputy careful therein, yet those prying wits setting many titles on foot, in hope of the like passage, occasion me to make intimation thereof. Nevertheless, as I am of opinion that it may be handled in such a sort and by such instruments as may give the country good contentment and yield the King a good profit, I would wish the proceedings there to be with caution and moderation, especially for that which shall concern the setting on foot the Earl of March's title, which was the advice of your noble and wise father.

Concerning the office of the ordnance, I have acquainted my L. Carewe with the state thereof, and because I am of opinion that the King's stores are already furnished with a good proportion of powder and weapons, I do not purpose to importune you for any further supply.

Dated Dublin, 6 October 1611.

Signed. Add. End.

Pp. 7.

REPORT of PROCEEDINGS for Reformation of Religion and Church Government by virtue of the King's letters of the 26th of April last brought over by the Bishop of Raphoe and delivered unto me the 15th of June 1611. Upon receipt of the said letters, I sent for the archbishops of this realm and imparted to them the contents thereof, whereupon they, with the said Bishop of Raphoe and two other bishops being then in Dublin, entered into consultation how his Majesty's directions might be put in execution, and in their conference submitted themselves, and undertook for

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themselves and their suffragan bishops, to perform and obey all and singular the articles and directions contained in the said letters. To this their submission they added some collections of their own and presented them to me declaring: 1. The present state of the Church. 2. Their advices for reformation of abuses. 3. Their humble petition to be enabled by the King's authority to perform such services as by their ordinary jurisdiction they cannot effect. This submission and collections were soon after sent into England from me to the Council.

I caused the proclamation sent hither from the King in the year 1605, for banishing priests, &c., to be once more published, with some additions declaring the cause of reviving it. By virtue whereof the titular Bishop of Downe and some few other Popish priests of note within the pale have been apprehended.

I required the archbishops and bishops to look into their several dioceses, and to cause the material churches also to be rebuilt; and to remove the priests placed in them by the Pope, or by his authority, and to bring in and establish ministers everywhere conformable to the King's injunctions.

Also, when any priests established by foreign authority should conform themselves and take the oath of supremacy and apply themselves to the service of God in the Church, according to the King's injunctions, I arranged that they should not be removed but continued in their livings and countenanced in all their lawful carriages and endeavours.

Likewise if any priest made by foreign authority should not consent to come so near, and yet be desirous notwithstanding to stay within the realm without any danger, I have given order that it shall be lawful for them so to do, on condition that they shall abjure and renounce the exercise of their function and betake themselves to some other course of life, as to the plough or other husbandry, without using their said function any more, and entering into good bonds with like sureties for their so doing.

And as by the articles annexed to the King's letters we were directed to minister the oath of allegiance to all his subjects of this realm, and as we considered that they were not so compellable thereto by law, as [that] those who should refuse the same, could be conveniently punished, without stretching authority further than law or example here would warrant, I did nothing at all in that point, but recommended the further consideration thereof again to the Lords of the Council, having received their answer by their late letters of the 20th of August, it shall be our direction in that behalf.

Only we will not omit to tender the oath of supremacy to all mayors, sheriffs, and others bearing office within this kingdom, and such as refuse shall be deprived of their authority and punished as they by law may be.

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October 10. Vol. 629, p. 140.

We will proceed against the said titular Bishop of Downe, and some of the priests now in prison, by course of law, this next term in the King's Bench.

This is all in substance that we have yet done, or intend to do in this behalf without further directions and warranty from the King and the Lords of the Council.

80. FROM SIR ARTHUR CHICHESTER, LORD DEPUTY.

Touching our proceeding in passing books upon the commission of defective titles, whereas the Lord Treasurer has been informed that lands are passed to divers persons without any consideration had, whether he that passeth the land were an heir or came in for valuable considerations, we have been so far from negligence in that point, that they complain here that we are too strict in examining the titles of such as offer to pass their lands upon that commission; for whereas in England they take the party's oath only that he is in possession of the lands, which he intendeth to pass without further examination of his title, here we take this course: 1. We award a commission to indifferent Commissioners to inquire publicly of what lands the party is possessed and of what estate. Upon the execution of this commission all such as pretend any title come in, and make their claims, of which return is made unto us by the Commissioners, and then before the book is suffered to pass, not only they whose claims are found by the inquisition, but all others who come in after, are heard at the Council table, and their claims examined. By this practice it follows that these books pass very slowly, and the party who passeth his lands is put to extraordinary charge, as well in purchasing and in the examining of this commission, as in attendance, till we be satisfied that the grant may pass without prejudice to any other subject. We take care that all other subjects rights be saved in the grant, and we take bonds of the grantee not to defeat the estates of undertenants. This course though it be somewhat chargeable to the subject, we hold to be necessary in this kingdom where many disseisins and intrusions have been made by one man upon another in the times of trouble and confusion. In making the compositions we never take so much as five years fine, which (as it seems) is the least that is taken in England.

10th Oct. 1611. Signed: Arthur Chichester.