on upon that fort, who performed it accordingly, and upon the first volley of shot caused them to quit the place, which he entered, and fell up with them to the very gates of the town, where, from the walls of the town, the lieutenant was shot through the arms, two of his soldiers killed, and two hurt. If the companies had fallen up after Lieutenant Sully, the number of the townsmen were so many in the fort that, before they could get all into the town the companies might have entered pell mell with them, and so have sacked the town; yet was there little reason to expect so great an indiscretion, though they showed little discretion in all their actions.

Now was it open war on all sides; the townsmen barricading their gates, breaking down the top of the south gate, and, by the help of an Englishman-at-arms, mounted a demi-culveringe upon it; shot both with great and small shot, both at Bishop's Court (where the Commissioners then lay) and at Shandon Castle, where the Lady Carew lay. Our men were not idle, but got into the highest towers and steeples thereabout, which looked into the town, and would now and then, with their small shot, fetch off a man, and lay him dead. For ordnance we had none, neither any nearer than the fort of Halebolinge; so the Commissioners sent Captain Slingsbye to that fort to take care thereof, and to send them such ordnance and munition ast they should need, for out of the town they could get none; neither did the townsmen spare to furnish all that wanted with powder, shot, muskets, calivers, pikes, or anything they wanted; also to make barricades in the streets for the safety of their men with planks, deals, or anything else the store afforded; and, understanding the coming of the ordnance to the town, they man all the boats they have, and appoint one William Terrye captain of them, to intercept the ordnance which was to come up by water; but when it came to the pass they durst not adventure it. And when the ordnance was come the townsmen began to be a great deal more calm, and sought parleys with the Commissioners, employing one Walter Coppinger to negotiate between them. The Commissioners were content to surcease their arms until the Lord Deputy's coming.

The town of Waterford was no less perverse, for they pulled down Sir Nicholas Walshe, Chief Justice of the Common Pleas, from the Cross in the town when proclaiming the King's titles to these kingdoms, and would not suffer him to proceed. They allowed their priests to set up the mass, and one Doctor White made a public sermon, that now they might thank God that every man might freely enjoy the fruits of his own reward, sit under his own shop, where before all things were extorted from them by the rapine of the soldiers, that none could say this was his own; for now Jesabell was dead. The other towns, as Limbricke, Clonmell, and Cassell,

because there was no magistrate there to contest with, did not run into such joyous ways as Waterford and Cork. The 10th of May the Lord Deputy comes first to Shandon Castle, and sends for the mayor to come to him, and commands him to receive 1,000 soldiers of the King to garrison in that town, which they durst not deny; and after the serjeant major with those forces was entered the town and seized upon the strengths of the town, the Lo. Deputy made his entry, whom they entertained with a dumb show of plough irons on both sides of the street, from the port to his lodgings, intimating thereby that the soldiers, by their extortions and rapines, had wasted the country, making all those ploughs idle which should have sustained their country.

The 12th of May the Lo. Deputy called before him and the Council the mayor and recorder of Cork, as well to hear what they could allege against Sir Charles Willmott, as how they could excuse themselves of so many insolent parts played by them against the King's laws and his ministers' authority, which when they had answered, the Lo. Deputy did not only excuse Sir Charles Willmott of those charges, but did blame him that he had been too calm therein, and for the fault of the mayor and recorder he would leave that for the King to consider. William Meade, the recorder, having all this while stood upon his justification, fell down upon his knees to the Lo. Deputy and besought his Lordship that if he had erred anything herein, he would please to be a means to the King to extend his favour towards him.

The Lo. Deputy gave the mayor a list of certain men's names requisite to have forthcoming before him, viz., Christopher Morroghe, a lieutenant; William Tirrie, captain of the boats; and William Bowler, a brogue maker;

a schoolmaster; Thomas Haggan, now church warden; John * a brewer; * a tanner. The brewer and the tanner flew away, the rest the mayor apprehended, only he made a wilful mistake of William Tirrie, and in his place brought forth one † , against whom there was nothing. The ( ) of May the Lo. Deputy caused a guildhall court to be held in the town house of Cork, where all the colonels and others of the army assisted. His Lordship also caused Sir Nicholas Walshe and Sir Antonye Sellinger, Master of the Rolls, to be present at their proceedings, and to have their opinion what those offences were in the common law. First they called forth Christopher Morroughe; then the Cross Master, to whose charge was laid the maintaining of the Infanta's title to the crown of England; then William Bowler, the "brog maker;" and after the proceeding with these three severally, and producing witnesses

*Blank in MS.
† Blank.

1606. July 15.

Vol. 629, p. 137.

1608. Jan. 20.

Vol. 607, p. 170.

to prove the accusations, they were condemned to be hanged. Sir Antonye Sellinger and Sir Nicholas Walshe gave their answers severally, that in law, the offences could be no less than treason, and that they deserved death. Then Thomas Faggan was called to answer his accusation, but the Earl of Ormond prevailed with the Deputy to spare him. And the day being now much spent, the Deputy thinking that he should make this punishment exemplary enough by the execution of those three already condemned, broke up the

court.

Copy. Pp. 16.

Endorsed by Carew.

6. The first proclamation of the Lord Deputy and Councif touching the defective titles.

7.

Monkton, the 15th July 1606.

Signed: Thomas Dublin Canc, Roger Meath, Richard Wingfield, James Ley, Anthony Sentleger, Edward Brabazon, Oliver Lambert, Jeff. Fenton.

Printed at Dublin by John Franckton, King's printer for Ireland.

P. 2.

From the LORDS of the COUNCIL to LORD DEPUTY CHICHESTER, for extending the liberties of Waterford. We are glad to understand that the inhabitants of the city of Waterford are so well affected to the state, and so ready to obey all directions concerning the King's service, as you and the L. President of Munster have signified in your letters. Concerning the suits and demands that have been made by those that have been employed on the behalf of that corporation, we have given direction that their several natures considered may be afforded them: First, in their petition they have made suit for confirmation of their ancient liberties, which the King is pleased shall be granted to them, with a proviso for the preservation of such customs as belong to the King by certificate of the judges. Secondly, to have a grant to be free of poundage, as they are discharged by proviso in the Act of the 15th year of King Henry 7th, which is also allowed of, and to be granted them in such sort as is set down in the said Act. Thirdly, they shall have a grant of the great customs, but are not to meddle with petty customs payable by merchant strangers, as being reserved to the King's use. Fourthly, it is granted that they shall have jail delivery in as ample manner as it was granted to them by H. the 7; that the recorder shall be added in commission of jail delivery with the mayor and sheriffs, and two of the most ancient aldermen successively shall be justices of peace within the city and county of Waterford, the mayor to be

Jan. 23.

Vol. €30, p. 1.

of the quorum, and the recorder to take the oath. And lastly, they complain that the officers and warders of the fort of Dungannon inform the shipping to make stay passing in and out at that harbour before the fort, being a narrow channel and dangerous road, to the great decay of that city and hindrance of the King's customs. We pray you to taker order that no needless stay or search be made at all of the said shipping, but if there be occasion to search upon just cause to suspect the coming of some traitor from foreign parts, or munition or arms for arming the rebels against the crown, the same to be made at Passage or Ballyhack, being the safest roads for anchoring ships. Leaving the perfecting of those several grants before specified unto you under the great seal of that kingdom.

Dated at Whitehall.

Signed: R. Salisbury, H. Northampton, T. Suffolk, Exeter, Worcester, E. Wotton, E. Stanhope, Julius Cæsar, Tho. Parry. Addressed Sir Arthur Chichester Kt., Lord Deputy of the realm of Ireland.

Copy. Pp. 2. Endd.

A PROJECT for the Division and Plantation of the escheated
lands in six several counties of Ulster, namely, Tirone,
Colraine, Donnegall, Fermanagh, Ardmagh, and Cavan,
concluded by his Majesty's Commissioners :-

The Bishop of Derry, Sir James Ley, Sir Anthony St. Leger,
Sir Henry Docwra, Sir Oliver St. John, Sir James
Fullerton, Sir John Davyes.

In this project we have first conceived five several points to be observed in every county, viz. :-

(1.) First, that the proportions of land to be distributed to undertakers may be of three different qualities. The first and least quality may consist of so many parcels of land as will make 1,000 English acres or thereabouts. The second and middle proportion of so many parcels as will make 1,500 acres English or thereabouts. The third or greater of so many parcels as will make 2,000 English acres or thereabouts.

(2.) Secondly, that all the lands escheated in every county may be divided into four parts, whereof two may be divided into proportions of 1,500 acres, and the fourth into proportions of 2,000 acres.

(3.) Thirdly, every proportion be made a parish, and a parish church erected therein. And the incumbent endowed with glebes of several quantities, viz.: an incumbent of a parish of 1,000 acres to have 60 acres; and an incumbent of a parish of 1,500 acres to have 90 acres; and an incumbent of a parish of 2,000 acres to have 120 acres; and that the whole tithes and the duties of every parish be allotted to every incumbent besides the glebes aforesaid.

1608.

(4.) Fourthly, that the undertakers of these lands be of several sorts: 1. English and Scottish, who are to plant their proportions with English and Scottish tenants. 2. Servitors in Ireland, who may take English or Irish tenants at their choice. 3. Natives of those counties, who are to be made freeholders.

(5.) Lastly, the King having made choice of such persons as shall be planted in every county to avoid emulation among them, the sites or places of their proportions shall be distributed by lot.

These general grounds being first laid, the lands in every particular county may be divided in this manner :—

The county of Tirone.

The county of Tirone is divided into certain parcels of land called balliboes, a balliboe being a quantity of land containing 60 acres English or thereabouts.

The whole county by the book of survey, containeth 1,571 balliboes or 98,187 acres, (after the rate of 1,000 acres English to 16 balliboes), and so proportionably, whereof the one moiety or two parts, being 785 balliboes or 49,0934 acres, will make of the least proportions consisting of 16 balliboes or 1,000 acres or thereabouts, 49 proportions and 933 acres to spare.

The half of the other moiety or third part, being 392 balliboes or 24,547 acres, will make of the middle quantities, consisting of 24 balliboes or 1,500 acres or thereabouts, 16 proportions and 83 balliboes or 547 acres over.

The other half of this moiety or the fourth part, containing likewise 392 balliboes or 24,547 acres, will make of the greatest quantities of 32 balliboes or 2,000 acres or thereabouts, 12 proportions and 83 balliboes or 547 acres over.

So as the whole county being thus divided will make up 77 proportions of all kinds, and the odd fractions make one small proportion more, in all 78 proportions and 3 balliboes or 188 acres over to be added to the next parish.

And to avoid confusion and his Majesty's further charge in measuring the whole county, every balliboe is to have the same bounds and quantity as were known, set out, and used at the time of the departure of the late traitor Tyrone. The whole county being thus divided into several quantities or proportions (before there be any distribution made to undertakers), we think it convenient first to make a deduction out of the whole for the charge or state of the clergy in that county, which may be done in this manner:—

The portion of the Church.

Termon Land.-The termon land, claimed partly by the Primate of Ardmagh and partly by the Bishops of Clocher and Derry as the demesnes of their bishoprics, whereas they are now found by inquisition to be escheated to the King,