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1616.

16 March. 166. Vol. 619, p. 194.

Seeing there must be this alteration of that well-grounded plantation, I pray the Lords that the patentees may have the benefit of their orders, which direct that they shall be preferred to the truer proportions before others, and that a thousand pounds Irish shall be given by the natives towards their satisfaction, who have been at the charges and expenses of this business, in which I pray your Lordships to use your endeavour, and that newer men be not brought in. Sir Ed. Fisher will take the copy of these orders with him. There is now passed to the nineteen patentees but 23,300 acres. If George Trevilian surrender the 4,000, (which I passed unto him to secure myself,) there will be but 2,800 more than the 16,500 allotted by the Lords' orders of July 1614, which is a small matter, and will, undoubtedly, be gotten in a measurement, if that be thought fitting. There will be some difference in the places and seats, where they are to plant, which they must undergo, and most of them may well do it, for where they had formerly but 1,000 acres, they will now have 1,500.

Knockfergus. Feb. 28, 1616.

Addressed: Lord Carew, Master of the Ordnance of England and of his Majesty's most honourable Privy Council. Hol. Pp. 2.

Endorsed by Carew. Add.

From the LORDS to the Lo. DEPUTY, against the Exportation of Wools.

It is not unknown to you that for many weighty reasons highly concerning the good of both England and Ireland, for preventing the exportation of wool out of that realm into foreign parts, upon your last being here, a course was thought upon advised by yourself, the Lo. Chichester, and some others, to whom that business was recommended, for erecting certain staple towns in Ireland, that should have sole power and authority to transport the wools of that value, such as were not manufactured in the kingdom, to other port towns in England that should be assigned as correspondents to receive that commodity from hence. Hereupon, the business being well projected by you and the rest of the said committees with many necessary cautions and provisions, it had, sundry references, first to me the Lo. Keeper, then to the King's Attorney General, and afterwards to other persons, by reason of former employment, well experienced in the state of that realm; upon all which several references, we received certificates and opinions which we send you herewith.

Upon mature and grave advisement, the business has received a full approbation at this board, and is ready for execution. The old staple towns have been dealt with, as we understand, by those that were the last year sent from hence, and were employed by you for that purpose. These towns, as

1616.

19 March. 167.

Vol. 605, p. 232.

we hear, are not so conformable and willing to receive the conditions of this new staple now to be established as is fit they should be; wherein, if they persist, or shall refuse to release all such customs and forfeitures as are given unto them by the statute, being hereunto first moved by you and that counsel, whereof you will advertise us, the King may (if it please him) take from them the benefit of the non obstante, and so make their privileges of no use to them, until, upon their conformity, he shall restore them to their exemption again. To this end, first cause a proclamation forthwith to be published for restraining generally the exportation of all sorts of wools, woolfells, murkins, sherlings, lambskins, woollen yarn, and flocks, the two first sorts being expressly forbidden by the statutes; and for the rest (the statutes not being so clear) the King's proclamation may supply them; so as all, being once equally prohibited, the King may release it again to the new staple towns by a non obstante in their charters, as also by altering the proclamation afterwards, with a saving and exception of the old staples, if their conformity hereafter do deserve it. Thus, your Lo. sees the course which we think fit to be taken there. For the drawing up of the new charter, and the rest which is to be acted here, order is given for it, but they shall be dispatched with all expedition.

Signed: Lo. Archbishop of Canterbury, Lo. Keeper, Lo. Privy Seal, Lo. Steward, Lo. Chamberlain, E. of Arundell, Lo. Vi. Wallingford, Lo. Bp. of Elie, Mr. Vice-Chamberlain, Mr. Secretary Lake, Mr. of the Rolls.

Copy. Pp. 2. 16th March 1616.

From the LORD CHICHESTER to the LORD CAREW.

I understand, by letters from the Lord Deputy, that most of the new patentees of the escheated lands of Wexford have surrendered, and for that my son-in-law, John Langharne, and George Trevilian are now in England. He has written to the Lords to call for them to surrender there. This addition of fresh travel and expense was needless, for I wrote to his Lordship that I would send to them about it, and did undertake that George Trevilian should yield to what was required, and that I had the like hope of my son-in-law. I pray you to dispense with their travel unto you by moving the Lords, and I undertake they shall do as you direct. Mr. George Trevilian's patent is in this kingdom; the other is with himself.

The Lord Deputy, in Michaelmas term, made me an assistant in this work, but my advice had deaf hearing. I pray you to hear him in this matter; he and Sir Lawrence Esmonde were principal actors in the distribution made by me to the natives; he knows what money was given, and for the greater part,

1616.

Vol. 605, p. 227. 168.

March 29. 169.

Vol. 619, p. 195.

how it was disposed, which I have willed him to impart unto you.

Knockfergus, 19th March 1616.

Hol. Pp. 2. Add. Endorsed by Carew.

The NAMES of the PATENTEES of the Escheated Lands of
Wexford.

Sir Richard Wingfield, 1,000 acres ; Sir Richard Cooke, 2,000; Sir Lawrence Esmonde, 2,000; Sir Edward Fysher, 2,000; George Trevilian, 4,000; William Personns, 1,500; Sir Roger Jonnes, 1,000; Sir Adam Loftus, 1,000; Sir James Carroll, 1,000; Sir Francis Annesley, 1,000; John Langharne, 1000; Francis Blundell, 1,000; Thomas Hibbotts, 1,000; Henry Peyrs, 1,000; Mr. Wingefielde, a kinsman of the Marshals, 1,000; William Marwood, 1,000; Nicholas Kennye, 500; Fergus Greame, 300; in all 23,300. These are passed the seal, and have recovered their possessions by order of the Exchequer. The reason why Sir Richard Cooke had 2,000 acres was his claim to so much in right of his wife; Auditor Payton, her father, having acquired it by purchase or gift from the natives. Sir Lawrence Esmond, Sir Edward Fysher, and Mr. Parsonns, had their portions larger than the rest in respect of their extraordinary travel and expenses to bring that work to effect. The 4,000 acres assigned to George Trevilian (who is my nephew) was in respect of great sums of money laid out by me for the discovery of the King's title, and in the prosecution of that business without charge to the King, whereof the greatest part is yet unpaid; and I must repair part of what I have received if the plantation would not according to my project. If it shall please the King and your Lordships to allow of the holding of that patent, if the law warrant it, I will see a thousand or 1,2007. bestowed upon a strong work there, which will be very available for the King's service and a great countenance to the whole work.

The names of those to whom patents were intended, but are not passed the seal, or are in the hanaper: Sir Dudley Norton, 1,000 acres; Francis Acland, 1,000; Robt. Cowell, 1,000; Sir Francis Willobye, 1,000; Henry Fysher, 600; Sir James Ware, 500; John Pickman, 240; Ensign Burrowes, 500; in all 5,840.

The whole to undertakers is 29,140 acres.

Pp. 2. In Lord Chichester's hand.

FROM the LORDS to SIR HENRY YELVERTON, KT., the King's Attorney General, to draw up a Warrant to make certain Staple Towns in Ireland.

It is the King's pleasure that you draw several bills for his signature to enable the city of London Derrie, and the

1616.

Vol. 613, p. 47. 170.

towns of Drogheda, Karrickfargus, and Youghall, in Ireland, to be staple towns; and to give the markets of the said towns power to buy and transport all sorts of wool, &c. to the cities of London, Bristol, and Chester, towns of Barnstable, Leverpoole, and Milthrop, or some or one of them; and to endow the said city and towns with the privileges, &c. as the merchants of the staple of England heretofore have had or now have; and to observe such directions as are expressed in the certificates of the Lord Keeper and others made by directions from this board.

Signed by the Lo. Archbishop, Lo. Keeper, Lo. Treasurer, Lo. Privy Seal, Lo. Wotton, Lo. Carew.

Copy. P. 1.

A WARRANT from the LORDS JUSTICES to the JUDGES, to
certify their opinions of the Earl of Ormond's title to
the liberty of the county of Tipperary.*

Thomas Dublin. Canc., John Denham.
Opinions of the judges, 25th April 1616.

The Earl has no title or right to any county palatine
there. But as the Earl of Ormond is not at present in this
kingdom, that we might review his title, you may understand
that his Majesty did direct letters 12 January, 1614, to
the late Lo. Deputy, to signify the present state of the free-
dom of Tipperary, and how justice was administered there.
Upon those letters, by a reference from the late Lo. Deputy,
the Earl of O., with his counsel, had a public hearing before
us, at which time the Earl did show a patent bearing date
46 Edw. III., for his pretended liberties, the copy whereof
we have not nor can find upon record, but we have seen
a copy of a patent, 3 and 4 of Philip and Mary, in which
the patent of 46 Edw. III., and the words of grant thereof are
recited in hæc verba, viz. :-Regalitatm. feod. militum. et alias
libertates, et res quæ habuit tam in maneriis de Clonmell,
Kilfekill et Kilshielan, cum pertin. in Com. Tippar. quam
in aliis, clocis dicti Comitat. de Tippar., quatuor placitus; viz.
incendio, raptu, forstallo et thesauro invento.
Ac etiam pro-
ficno de Crciis in Eod em Com ilatu cum omnibus ad ea
spectand. quæ erga se et hered suos retinere voluit dunclaxat
excepto.

And at the same hearing the Earl, by direction from us, did show unto the King's Serjeant and Attorney General several rolls and writings of his own to prove his pretended usage, by which he pretends to appoint officers, judges, and sheriffs, as in a county palatine, and to condemn and pardon felons, and to determine all other real and personal actions within

*Heading in Carew's hand.

1616.

22 July. Vol. 619, p. 188.

171.

the said liberty; the copy of which patents, and the abstract
of the rolls produced by him, and the former certificate of the
judges, we present to you. But, upon consideration of the
premises, they seem to us to be very weak, and of small valid-
ity to support so great a pretence. For, in that certificate
of the King's Serjeant and Attorney, there is no roll from
11 Hen. VI. till 7 Hen. VIII., nor any roll since, and very few
before 11 Hen. VI., to warrant his pretended usage of a liberty
excepting only some few rolls from a county court and turne
kept in that court till the time of Richard III; and for the
words of the patent, they have no colour to warrant a county
palatine. And, touching the present state of that liberty which
we are required to certify, it is thus: his Majesty's judges do
sit there twice every year and discharge the service, as in
other counties within their circuit, without any interruption
but verbal claims. And his Majesty's justices of peace do
keep their quarter sessions there as other justices of peace do
in the rest of the counties within this kingdom. And in the
interval of the coming of his Majesty's justices into that
county, the Earl and his officers do, at their pleasure, keep
their session, gaol delivery, and peace, and do exercise juris-
diction in criminal and all civil causes within the said
county, which proves an extraordinary burthen of the subjects
thereof.

Signed: Dom. Sarsfelde, Fr. Aungier, Willm. Methwold,
Christoph. Sibthorp, Blennerhayssett, Geo. Lowther.
Copy. Pp. 3.

The LORD CHANCELLOR SIR FRANCIS BACON'S REPORT to the LORDS concerning the staple of Wools in Ireland. According to your Llps. reference of the 13th inst., I have considered of the certificate of the Lord Carew, Lord Deputy of Ireland, Alderman Cockaine, and George Low, concerning restraint of exportation of wools, woollen yarn, &e. out of Ireland into foreign parts, and approve the same, with the explanations, &c. following:

1. That the towns named in the certificate as staple towns be not understood to receive any new charters or privileges of staple, but only to be towns correspondent for the receiving of wool, &c. out of the staple towns of Ireland, without any other novelty.

2. That whereas of the towns in Ireland mentioned in the certificate, four of them are ancient staple towns, viz., Dublin, Waterford, Cork, Drogheda, and one is made a staple town by a late letter from his Majesty, viz., Limbrick, and three are not yet erected, viz., Galway, Knockfergus, and London Derrie; it is fit that the three towns, which have yet no charter of staple, have charters to erect them into staple towns only for these commodities; and it is convenient that

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