1615.

1616.

27 Feb.

Vol. 619, p. 192.

163.

11th November 1614.

The first order.-It was ordered that the Lo. McMoris, Lo. Baron of Kierry and Licksnawe, should have and enjoy his possession of precedency from the Lo. of Slane until the latter should produce better records or proofs of his side, to which he had his desired time until the 7th day of that month. At that time the Lo. of Slane seemed partly contented with this order, but that the Lo. of Delvin and others the Pale Barons, fostering their displeasure against the Lo. of Kierry, incited him to persist in challenging place, and that they would also contest against the Lo. of Kierry; and in especial the Lo. of Delvin, to which the Lo. of Slane yielded, and so prepared for the second day.

18th November.

The second order.-Upon full hearing and mature determining of the cause and consideration of all the Lo. of Slane's evidences, and allegations not in this book wholly inserted, and without hearing or seeing of many special records lately gathered by the Lo. of Kierry and herein expressed, it was ordered by the Lo. Deputy and Council, that the Lo. of Kierry and Licksnawe should have and hold his place of precedency from the said Lo. of Slane, until the said Lo. of Slane should sufficiently prove his Lordship were not Lo. of Kierry, or till his Majesty's pleasure were known to the contrary.

Whereupon the Lo. of Slane, impatient of the order and seeming much to spurn thereat, besought the Lo. Deputy's favour to depart and not to sit in Parliament, which my Lo. Deputy resisted. Whereupon the Lo. of Slane protested he would not sit, so as the Lo. Deputy was forced to require him upon his duty of allegiance to sit in Parliament and take the place according the order, to which at last he yielded. Endorsed by Carew.

Copy. Pp. 11.

A REPORT to the LORDS concerning staple towns in Ireland. According to your reference of the 18th inst. we have considered the certificate of the Lo. Chichester, now Lo. Deputy, and others upon reference made to them 27th of June last.

First, touching the general, we are of the same opinion as the King's Attorney General certified the 22 July last.

Touching the first article of the Lo. Chichester, and the rest for appointment of cities and towns of the staple in England and Ireland, we are of opinion that those not warranted by ancient charters may be enabled by letters patent with special non obstante in respect the same statutes are expressly in the negative against all but only those therein mentioned.

To the second article of the Lo. Chichester and the rest, we

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28 Feb.

Vol. 617, p. 119. 164.

The Lo. Chichester's project for the escheated lands in the co, of Wexford.

conceive it fit that the charters for government of the staple in Ireland be the same as they were in England in 11 Hen. VII. with such cautions and provisions as are added by the King's Attorney General; with this further exception, that such privileges imparted unto aliens, and such prohibitions and restraints imposed upon the English, Irish, and Welsh, by statute 27 Edw. III. c. 1., and 27 Edw. III. c. 7., and other statutes, be not put in execution.

We think fit that such ancient and new staple towns as are appointed shall, by mediation of the Lo. Deputy and Council, be induced to relinquish all customs and forfeitures as are given them by statute 11 Eliz. c. 10., and statute 13 Eliz. c. 4.; and if they shall refuse to conform themselves therein, then they shall be subject to such forfeitures and penalties as are appointed by the statutes. And such of them as are newly to be made are in their new charters to have limitation for their yielding conformity unto your instructions in that and in all other respects. We think it convenient that the like provisions and instructions be had for the exportation of flocks as is of wools. And as touching transporting of wools out of Ireland into England in great quantities, because we do not presume to take upon us any knowledge of any causes of state other than within the realm of Ireland, we leave the consideration thereof unto you.

Signed: James Ley, Richard Hadsor.
Copy. P. 1.

A PROJECT for the Division and Plantation of the several small territories in the county of Wexford, known by the names of

Kinselaghes, Bracknaghe, McDa, More's country, McVaddocke's country, the O'Moroghes, Kilhobucke, Farrenhamon, Clan Henricke, Kilcooleneleyne, and a small part of Farren O'Neale; all which being near three baronies, amount to 66,800 acres, arable and pasture, besides wood, bog, and barren mountain, and all the which may yield to the King 400l. Irish yearly, where he never received hitherto, in composition or otherwise, above 1797. 3s. 4d. Irish.

In this project are principally considerable the persons whom the King may be pleased to think to be planted in those territories. That is to say, first, natives and others of English birth, who have acquired some parcels from natives and become already considerably seated and interested there, who are to be placed for the most part on the plain grounds, and mixed with English for the better civilizing of that people; and, secondly, British and servitors of ability to plant, who are to have those seats and chief places of habitation upon the mountains and fastnesses, in which castles or houses of strength, framed and composed of lime and stone,

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are to be built by them for the better securing of those territories to the King, and suppressing the licentious liberty of the neighbours.

It is thought fit that none of these natives or inhabitants to be made freeholders, shall have above 1,500 acres, except some few who hold now by defective patents, and are to be resettled or considered of, answerable in a reasonable measure to the quantities contained in their patents. And except Sir Richard Masterson, who has already acquired great quantity of land there, and is to be extraordinarily considered of, and Walter Sinnott, who pretends a lease of certain supposed chief rents and exactions in the Moroghes, and whose father had gotten in his hands certain parcels of land in these territories from the intruders. Nor any to have under 120 acres according the measure of 21 foot to the perch; unpasturable woods, barren mountain, and bog only excepted.

That the aforesaid freeholder of 1,000 acres shall pay to the King the yearly rent of 61. 6s. 8d. ster., and so the residue of less quantities rateable according to the number of

acres.

That the freeholder of 1,000 shall acres build a stone house upon his land. The freeholder of 500 or upwards within the same time to build a defensible bawn of lime and stone, or of earth. And the freeholder of 120 acres or upwards to build or cast up about his habitation a strong ditch planted with quicksets. In the performance of this work their several under-tenants may be enforced to assist them, and in respect thereof and of inclosures to be made, they are to pay the less rent to the freeholders for the first seven years.

That the said freeholders shall make estates of 21 years, or for three lives, to their under-tenants, and each freeholder for himself and his under-tenants to cohabit and build together in town redes.

Touching the undertakers and servitors, it is thought fit that each of them be of the religion and take the oaths of supremacy and allegiance. That they be in number 24 at the least, whereof some to have 1,500 acres, some 1,000, and some 500.

That the undertakers of 1,500, pay to the King yearly rent of 61. ster., besides his fine for the charges of the prosecution of the plantation, and to hold of the King as of his Castle of Dublin in free and common socage.

That he put in bonds of 5[00]l. ster., to build upon his proportion within four years after quiet possession shall be delivered to him, a castle or a house of stone or brick 24 foot in breadth and 30 in length, or of any other form to that quantity, so it be defensibly built for the strength of the country.

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That his proportion be made an entire manor by his letters patent, with power to alien, to be holden of him of the said manor by rents and services.

That he assign out of his proportion to such church as shall fall out within the same, 30 acres, as glebe, for maintenance of the ministry there.

That he shall not alien his proportion or any part thereof to any mere Irish, or to such as shall not take the oath of supremacy, either a year before or after the said alienation.

That the said undertakers shall have liberty to choose a competent demesne for himself of 500 acres, part of the said proportion, as well for his own manurance, as to plant certain English to live about him, for his better security, and to hold of him as of his manor, which he shall do in such number as the Lo. Deputy shall appoint.

That the undertaker of 1,000 acres pay to the King the yearly rent of 4l. ster., besides his fine as above, and to hold in free and common socage as aforesaid.

That he do put in bonds of 500l. to build upon his proportion (within four years after quiet possession shall be delivered to him,) a castle or house of stone or brick of 24 foot square, or of any form to that quantity, so it be built in defensible manner as before. That his said proportion be made likewise a manor as before. That he assign to a church within or near his proportion thereout 20 acres, as glebe. That he shall not alien to Irish or others that will not take the oath. That he shall have liberty to choose a competent demesne of 400 acres, and to plant English about him as before.

That every undertaker of 500 acres, being two in number, shall, according to the time above set down, build upon his land a defensible bawn of lime and stone, or of brick. That he pay to the King as aforesaid, and hold of the same tenure. That his proportion be made a manor, and that he assign 10 acres of glebe to the church. That he shall not alien to Irish or others except as above, and that he may choose a demesne for himself of 300 acres, and plant English thereupon.

And because the King has required that, by a reasonable mixture of English with Irish, the country may be better civilized, and that the present and apt means are not found to transplant the natives, nor is it seen whether they may be removed, it is allowed that every undertaker, according to his quantity, may make leases for years or lives to the present natives of all the rest of his proportion at reasonable rates, except so much as he is to keep for demesne, or to pass to English in manner as above is set down.

It is further thought fit that all the said undertakers, their fee-farmers and under-tenants be enjoyned in their several proportions to cohabit and build together in town redes, (as most conveniently they may,) and inclose their lands and lay out highways with all convenient speed.

And for the better civilizing and accommodating the inhabitants of the said territories, it is fit there be five markets and eight fairs granted, viz., to several undertakers, one apiece, in such places as shall be thought fit by the Lo. Deputy.

And for that Sir Richard Masterson, partly by letters patent and partly by other acquisition, is like to hold great quantities of land within those territories, it is fit that he build three castles for the security thereof, in such places as shall be appointed by the Lo. Deputy; and also make such convenient number of natives fee-farmers as shall be thought fit by the Lo. Deputy.

A true copy. Geo. Calvert.
Copy. Pp. 6.

From the LORD CHICHESTER to the LORD CAREW touching the Plantation of Wexford.*

This last passage has brought letters from your honours to the Lord Deputy, requiring the patentees to surrender upon penalties therein mentioned, a precedent rare and much spoken of, seeing the patents were passed upon so good a warrant from the King and the Lords' own orders. It makes men think and many say that their holdings in this kingdom are very unsafe. If there were error or corruption in my proceedings, it were in my poor judgment fitter that I was called to answer it, than that so many gentlemen, grounding their fortunes on the King's grants by patent, should suffer as they do.

It is said that I received great sums of money by that work. First, my layings out were no more than my receipts. I had not a shilling but was brought unto me by Sir Edward Fysher; he knows what it was, and is partly acquainted with my disbursements. He is now, as I hear, to go into England. I pray you question him therein; and I wish he may deliver what he knows upon his oath before the Lords. Never Deputy's actions were more shrifted or pried into than mine. I held the place 11 years, and if I erred not in something in all that time, I was more wary to tread more upright than my predecessors, who fell often in fewer years. If I can be charged with extortion or corruption in the time of my government, I am assured it would have been laid open long since. I cannot excuse myself from error for humanum est. My comfort is, my conscience cannot accuse me; if it did I should sit unsafe, and I would not abide the touch of it. Here the government of this kingdom is chargable in the entrance into it, painful in the continuance, and dangerous in the end.

*In Carew's hand.