1610. 4 June. Vol. 619, p. 135. 5th July. Vol. 619, p. 212. 2. That the Lo. Deputy be authorised to award a Commission to himself, the Lo. Chancellor, the Treasurer, the Chief Justice, the Chief Baron, Mr. of the Rolls, Sir Ric. Cooke, or to any five of them, of whom the Lo. Deputy to be one, and two of the persons above named, for passing of several proportions of escheated lands in Ulster unto the British undertakers and their heirs, according to the several assignations, the copies whereof are transmitted to him and the Commissioners under the hands of the King's Privy Council. 3. That the like authority be given unto his Lordship, &c., by the same Commission, to pass unto the servitors and others, such proportions and parcels of land, as are contained within the precincts assigned to be passed unto servitors and natives, to such persons and in such quantities as he and the Commissioners shall think fit. 4. A like authority to pass to the natives being natives, &c. 5. That authority be given to them to put in execution according to their discretions, such instructions as shall be transmitted under the hands of the King or the Lords of his Council. 6. That direction be given to the Deputy to draw together such companies and forces to attend him and the Commissioners in his journey for settling the plantation, and to leave so many of the companies in such several places for securing the undertakers, as he shall think expedient. And that he begin his journey at such convenient time as shall best serve for the expediting of the plantation at this season. Copy. Pp. 2. 29. A Branch of the Lo. Deputy's Letter to the Lord Admiral in favour of a pirate, named Bishop, and other particular occurrents, with remarks concerning certain pirates infesting Munster. Copy. Pp. 2. 30. The DEPOSITION of JOHN REDLAKE, born in Devonshire in England, and one of the company apprehended in the prize lately taken in Orkney and incarcerated within the Tolbooth of Edinburgh, and examined in the presence of Sir Will. Hairt, Justice Deput., and Rob. Bannatyne, one of the baillies of the said Burgh. Endorsed by Sir A. Chichester: certain examinations of pirates taken in Scotland by the Lords of the Council there, and by them sent unto the Lord Treasurer and Lord Privy Seal, and by their lordships sent over unto me which I received the 2 Nov. 1610. I sent these to the Vice-President of Mounster, the 7th of the same. I received them back with the examinations of the parties on the 25th of Jan. Copy. P. 1. 1610. July 24. Vol. 629, p. 66a. Concealments. 31. ADVICES set down by the COMMISSIONERS. As we find that suits and troubles will arise to the undertakers by pretence of concealed lands not passed in their letters patent, we are of opinion, if there shall fall out any omissions or concealments in portions assigned for Britons, that the Lo. Deputy shall be authorised to pass them to the undertaker in the proportion in which they lie. And if any concealment shall fall in any precinct and without all proportions, he shall lay them into the proportions next adjoining; for all which rent is to be reserved ratably, as for the rest of the undertakers. And if he shall be directed by any letters from hence to the contrary, he shall forbear to proceed therein until upon advertisement hither he shall receive from the King or his Council new directions. 1. That direction be given to the Lo. Deputy that no offices be found or returned, which may cross or impeach the credit of the offices found before the Commissioners of Survey of the escheated lands in Ulster; that no trials or proceedings in law be admitted to the prejudice of the planttaion, and that the office lately taken of certain lands in the Omey be taken from the file, if it be returned. 2. That since Sir Tirlagh McHenry seems willing to be removed out of the Fewes, that order be sent to the Deputy to provide some convenient place in Cavan or elsewhere to settle him, in order to plant servitors in his country. 3. For the better erecting and peopling of corporate and market towns in the province of Ulster, we think it fit that the Commissioners set down how many places or sites of houses they think fit to be erected for the present in every town, and assign how much and what land shall serve for further erections in future times. 4. To allot in certainty the quantity for curtilages and back sides to belong to every place or site. 5. To set out a convenient place for a churchyard in which a church may be built, and for a convenient market place. 6. To take care that water may be conveniently had for serving the towns. 7. That no land be enclosed or laid to any house till the peopled; a third proportion of land may be enclosed at the common charge meadow; and the rest be left for a 8. That in such towns where free schools are appointed some convenient place be reserved for that use. 9. That there be a reservation for the appointing highways in such places as the Commissioners shall prescribe. 10. After the towns shall have 40 houses divided into 40 families, they are to be incorporated with such liberties as shall be thought fit, having regard to the ability of the persons and quantity of the place; also that the Deputy take order that their charters may be passed with small charge, and each in 1610. 25th July. Vol. 619, p. 114. 32. corporated town authorised by charter to send two burgesses to Parliament. 11. The Deputy and Council to take order for peopling and inhabiting towns, erecting schools, and building churches, so far as the means of the country will yield. Where there shall be defects the same to be signified to you. 12. The Deputy shall be required not to pass any lands, appointed for towns and free schools, to any other use. If directions be sent from hence by letters to the contrary, he shall forbear therein until he shall receive new direction. 13. The Deputy shall take order that such as have advowsons shall settle incumbents thereon, with such time as he and the Commissioners shall think meet. That your Lordships should write to the Deputy and Council to inform themselves of the true estate and number of the impropriations belonging to the Archbishop and dignitaries of Ardınagh, and certify the same, that the King may take order for the endowment of the churches in that diocese. 14. That the Deputy make no sheriff within the plantation for the first three years, but some one of the Briton undertakers, if there be sufficient, for this first year. 15. That the names of such as have not entered bonds here be sent to the Deputy, that he may take bonds of them in Ireland wherein a copy of the bond is to be transmitted. 16. That the names and trades of such old inhabitants of Derry, desirous to dwell in Derry, be sent hither, to the end that the Londoners may be dealt with for admitting them into the corporation. 17. That 140l. remaining with the Londoners, be paid by the Deputy's warrant to the old inhabitants of Derry, and 100%. more English to be allotted to them by concordatum. Signed by Sir Roger Wilbraham, Sir Ja. Ley, Sir Ja. Fullerton. Copy. P. 3. DEPOSITIONS of ASCHTON COURTNAY, born at Woultoun in Devonshire. Sanderis Fleming of Campheir in Ireland, George Nicole of Piltoun in Devonshire, Robert Hereis in Bristo, Roger Cogin Cannonier, born at Lyme in Dorset, taken in the prize, lately apprehended and examined in presence of the Lords of the Privy Council, viz., the Earl of Dumfermling, the Lord Chanc. of Scotland, Geo. Earl of Dumbar, the High Treasurer of Scotland, John Earl of Perth, Ja. Earl of Abircorne, Rob. Lord Roxburgh, Walter Lord Blantyr, Sir Alex. Hay, Secretary, and Sir Robert Melvill of Brunteill, Knight. At Edinburgh, 25 July, 1610. 1610. 28 August. Vol. 630, p. 79. Vol. 630, p. 80. By the Lord Deputy and Coinmissioners of the Plantation. Whereas divers complaints have been exhibited to us by inhabitants of the county of T. for restitution of goods and chattels heretofore given and taken by way of comynes, and the Irish thereupon depending which they have been heretofore by law and proclamations sufficiently inhibited as unlawful and inconvenient: Forasmuch as upon these new alterations of estates, transmigration of tenants and straightening of possessions, we foresee the matter of comynes is like to come to general question, and hath in it many colours of right and equity, if not for performance of all the conditions mutually agreed on between the parties, yet for restitution of the goods and chattles so given, and of a great part of the increase thereof withal: Since the reason and causes of that custom must henceforth cease of necessity, we have thought good, for remedy and redress, to refer the same to your special considerations, hereby requiring and authorising you to hear and determine of all and every such cause and complaints which shall from henceforth be brought before you, considering and well weighing with yourselves that the best part of the states and livelihoods of many poor gentlemen, who have hitherto been owners of lands or heads of creats, must henceforth consist of their own proper goods, contrary to the customs heretofore had and used in those parts; and that the meanest persons, their undertenants and followers, have by their customs of comynes gotten into their hands the greatest part of those goods and chattels; and are, therefore, in far better estate than their landlords, except there be restitution made of some just portion thereof to him or them from whom the same have been received by way of comynes. we further ratify and confirm whatsoever you shall order and dertermine between party and party in that behalf according to the instructions hereto annexed; and we require the sheriff of that county to put the same in due execution. Given at the camp near Lamavady the 28 Augt. 1610. Subscribed as above. And Addressed to the Commissioners appointed to determine matters of comynes in the county of T. Copy. Pp. 2 34. INSTRUCTIONS for the COMMISSIONERS appointed to deal in matters of Comynes, &c. Before you determine any matters of comynes between party and party you are seriously and diligently to consider the points hereafter following. What comynes have been given and taken, and upon what cause and consideration. What service and duty the re 1610. 3 September. 35. Vol. 630, p. 76. ceivers have done unto the donors, either by nursing or bringing up their children or otherwise. Secondly. How the landlords have used the said receivers, and whether they have taken from them the said comynes within one, two, or three years as they were accustomed, or have otherwise used them hardly by laying excessive exactions upon them. In such a case you are to have care ofthe receiver that hath been so dealt withal, that you leave him a competent means of livelihood, allowing the donor a reasonable portion of goods in lieu of that which he hath given. Provided that you intermeddle not with any comynes given above or before twenty years, last past, before the date hereof, and if you find that the challenges of any will grow too great within the compass of that limitation, then you are to moderate the same as you shall think fit in your discretions, so as the receiver be not impoverished, and that the donor be thereby enabled the better to settle himself upon such a portion of the escheated lands as was allotted to him upon the last decision. Copy. P. 1. THE WARRANT OF POSSESSION. By the Lo. Deputy and Commissioners for the Plantation of the escheated lands in Ulster. Whereas the King, by his letters patent bearing date at W. the 20*., hath among other things given and granted to A.B., his heirs and assigns, all that portion of land commonly called the small proportion of G., lying and being in the precinct of C., in the county of T., with all lands, tenements, and hereditaments within the several towns, villages, hamlets, quarters or parcels of land following, viz. : A, containing one balliboe; B, containing 2 balliboes, &c., with the appurtenances, amounting in the whole to the number of one thousand acres, more or less, to have and to hold to him his heirs and assigns for ever, under such covenants, articles, and conditions as in the letters patent; in full accomplishment of which grant, and in furtherance of the Royal plantation now in hand by virtue of the King's Commission to us directed in that behalf; these are therefore to will, and authorize you forthwith, and from time to time hereafter, upon any request to you made by the patentee or any other his agents, attorneys or solicitors by him lawfully deputed, to remove or caused to be removed out of the premises such and so many of the tenants, possessors and occupiers of the same, as he and they shall give you notice of, and to deliver livery and seizin of the premises unto the patentee or his |