1611 March 28. Vol. 630, p. 24. 47. the principal. We signify therefore, that you take special care to see the same settled to our proper use. In the doing whereof though we will not by any prescript rules bind you to observation of all instructions sent from hence, yet "we have thought upon some few points," and have expressed them herein. 1. We require you to give regard to the resolution of the Barons of our Exchequer, Counsel of England, and Attorney-General of Ireland, delivered to us and our Privy Council of England upon sight, hearing, and arguing of the titles which the magistrates of cities and towns pretend to the customs accruing in their several ports, and to put the same in execution. To call in all leases and grants forthwith which are defective, and to give recompense for such as cannot otherwise be revoked. To proceed in your course of sequestration formerly intended and begun until the same be brought to some good and orderly proceeding. To call to you those agents to whom we have sent, and taking their opinions, nominate fit persons to be appointed for the collection to our use, and in every port to settle and establish so many as you shall think fit. To put in execution the instructions, orders, and book of rates formerly sent to you; and then, or in the meantime to treat with the magistrates of the cities of Dublin, Waterford, Galloway, and Droghedath for surrendering of the claims they pretend to the customs, and to show them that if they will submit themselves in that behalf, and pay to us the subsidy of 12d. in the pound, we will remit and release to them all arrearages by them wrongfully retained, and suffer them to enjoy their ancient privileges, and recom-pense for surrender as you shall think fit. If they shall refuse these offers let them know that we shall be forced to call upon them for the arrearages and make question of such other charters as are prejudicial to the liberties of commerce; besides, we shall be driven to set some composition upon such as may bear it that are brought in or shipped forth of the said realm, thereby to make some equality between the customs of all the other ports. Dated at Westminster. 18 March, 1610. Endorsed. ANSWER to CERTAIN PETITIONS of the LONDONERS referred unto the Commissioners by the Lo. Treasurer, with their answers. 1. Whether they may proceed with their buildings only at Coleraine till they have finished here, or at least for this summer, because of the inconvenience, loss, and trouble that otherwise will happen: Answer. The Londoners may be spared their buildings of houses at the Derry this year, so as they fulfill these three conditions: C. E 1611. April 14. Vol. 613, p. 77. 8 Jas. 1st. May 8. 1. That they perfom all their buildings and their contract this year at Coleraine. 2. That they proceed effectually with their provisions and preparation of materials at the Derry this year. 3. That they fortify the Derry so as the subjects may be in safety this next winter, adding thereunto that they perform all the rest of the contract, excepting only the point thus dispensed withal. Copy. P. 1. Endorsed. 48. Wardship of David Barry, son to David Oge Barry and grandchild to David, Lord Barry, granted to John Chichester. Examined by James Newman, clerk in the office of the Master of the Rolls. Latin. Pp. 4. 49. PROPOSITIONS for Settling the County of Longford, made by Sir ROBERT JACOB, with the Answers. Propositions:-1. To know the King's pleasure how much of the O'Farrall's lands shall be passed to the Lo. of Delvin in lieu of the lands appointed to be granted unto him. Answer.--The Deputy was authorised, by letters, to pass to the Lo. of Delvin and the Lady Dowager and his heirs in fee farm, three score pound land in the counties of Meath, Westmeath, Longford, and Cavan, upon which letter there was passed by general letters patent three and twenty pounds of the O'Farrall's lands in co. Longford, and the rest of the said grant in other counties, saving seven pounds per annum. After which, upon complaint made by the O'Farralls, the Lo. of Delvin, by direction from hence, did surrender the said lands, which by the King's general letters were directed to be granted to the O'Farralls. In regard whereof the King, by other letters, authorised the Deputy to grant to the said Lord, &c., in fee farm any lands in Ireland to the value of 231. per annum in lieu thereof, and seven pounds yearly, which was of the former book unpassed, and 201. more of increase by way of recompense, with further direction that he might pass any lands in O'Farrall's country which are not to be restored to Rosse O'Farrall and their name. Answer. Because it appears by the King's letter of Jan. 1605, that the Lo. Lieutenant gave the late Queen's word to the O'Faralls upon their submission for pardon of life and restitution of lands; and that it was not conceived fit at the first by the King, that the Lo. of Delvin should pass any of the said O'Farralls lands, for which cause he was procured to surrender the same; it is collected that the O'Farralls held themselves secure of the residue of all the lands not passed in the Lo. of Delvin's book, in regard of the Queen's word aforesaid, and therefore complained not thereof, nor sued for the same, to 1611. whom and their followers all the escheated lands in that county appertained, as is conceived: Wherefore it is not thought fit that the Lo. of Delvin should pass any lands in the Annaly, but take the same in other places mentioned in his warrant, having received the bountiful recompense of 201. by the year before mentioned. 2. To have the King's pleasure signified whether any of the O'Farralls which were attainted, or whose feoffees or ancestors (whose heirs they are) were attainted or killed in rebellion, shall have any more of these lands granted to them than such as were conveyed in the Lo. of Delvin's patent or not. Answer. It is thought convenient that there be granted to the O'Farralls not only the land passed in the Lo. of Delvin's patent, but also all the residue, excepting such as may be reserved for the better establishing of the county. 3. To know the King's pleasure to what persons those lands of the O'Farralls which are come to the Crown and not conveyed in the Lo. of Delvin's patent shall be granted. Answer. The O'Farralls and ancient possessors of those lands are they to whom the lands are to be passed, and such as were intended by the Queen's word and the King's former letters, the consideration whereof is left to the Deputy and Council, wherein they are to take care to give them justice. 4. To have authority given to the Deputy to take surrenders of the O'Farralls of any of their lands not come to the Crown by attainder, and to regrant them over for such rents and services as the Deputy shall think meet. Answer. The answer to this will appear in the advices for settling the country. 5. That the rent or composition granted to Sir Nicholas Malby may be redeemed to the King's use, that thereupon the lands may be granted over to be held of the King and to pay rent to him only, so as the land may not be subject to general distresses. Answer.-Touching the composition, the same is now in conference; the rest of the proposition is referred to the advices as aforesaid. 6. That upon consideration of the premises the King would be pleased to revoke all his former warrants and direction for granting any of the lands in the county of Longford, and to direct a general letter to the Lo. Deputy requiring and authorising him to pass, by letters patent, unto the persons above named, and to such other persons as the Lo. Deputy and Council shall appoint and to their heirs for ever, such quantities of land in the county of Longford, and for such rents and services and upon such covenants and conditions as the Deputy and Council shall think fit. And also to compound and redeem to the King's use the rent or composition granted to Sir Nicholas Malby, and to accept surrenders of all or any lands in that county, and to award commission for 1611. 24 June. Vol. 629, p. 1. Abatement of charges. Customs. Sale of fee farms. the inquiry of the title of the King or of any persons to any lands therein. And to do all and every other thing whatsoever for the settling of the said county, and the granting and disposing of all or any of the lands in the said county from the King unto the persons above named, or to any person or persons, in such sort as the Deputy and Council in their discretion shall think meet and convenient. Answer. This is answered in the former answer, and is further answered in the advices. Copy. Pp. 4. 50. INSTRUCTIONS for the LO. CAarewe, Master of the ORDNANCE, sent into Ireland as a principal Commissioner, for his better direction how to proceed in our Service. James R.-Although we have made the motives of your employment so well appear in general by our letters to our Deputy and Council, and have furnished you with such answers to divers memorials sent over from that state by Sir John Bourchier and others, as may sufficiently authorise you in your proceedings and satisfy them in most of their doubts, yet because it is not unknown to you what cause we have (even in respect of our own urgent occasions) to press as great a diminution of the charges we sustain in that kingdom, as may be without visible neglect of the safety thereof, we do hereby require you to represent seriously to our Deputy, as to the person at whose hands we may best challenge it, both for his knowledge of that state, and for proof we have had of his desire to give us a good account of all his actions. Herein you may add this, also, that as we have less varied from any propositions of his than ever prince did from the advice of any governor, so have we as well pleased ourselves with his proceedings in all cases of greatest consequence, whereof you may assure him for his comfort. Since, therefore, seeing there are but two ways towards that work in which we are desirous you should at this time labour with him, that is to say, for abatement of expense and improvement of our own receipts and revenues, we do require you to let our Deputy know that we expect some present course to be taken for settling our customs, and so we do also for raising some better profit of our wards; and so in all other things whereby some profit may be raised to ease us of part of that charge which shall be necessary for that place. Next, because we do well conceive that it would be a good security to that state, when there shall be a diminution of the list there might be some treasure in deposit there to answer all sudden occasions, we do likewise require you to impart to the Deputy that we are resolved to make some sale of our lands in fee farm, and of that treasure to leave such 1611. Plantation. portion in store as shall be fit to answer any sudden occasion of levies of men, until more force shall be needful to be sent from hence; wherein because there may be as valuable rates set as ought to be respecting both the state of the leases and goodness of the lands, we wish our Deputy to employ the advice of our Treasurer and Chief Baron, or any other of whose experience he may make use. Further more, where we have seen and perused a collection of many good and necessary articles fit to be made into laws, which are always held the principal marks of sovereignty, and must receive their form and power in Parliament, we are likewise very desirous that you should so inform yourself of the state of that kingdom, as that upon your return from thence we may have the opinion of our Deputy and Council when they think the time likest to serve for a summoning thereof; so much the rather because there hath been no Parliament held in Ireland by our late sister after the seven and twentieth of her reign, nor any in ours, notwithstanding the late conquest of Ulster, which, if there were no other reason, would require many things that cannot otherwise be done for the settling thereof, as well concerning the persons as possessions of the subjects that are reduced, among whom the Irish laws should be abolished. Lastly, because we have sundry informations of great slackness that hath been used in the plantation, we do hereby require you, above all things committed unto you, to attend that business seriously; and as we know how welcome any thing shall be to our Deputy that may establish that work whereupon we have ever found his heart no less set to bring it to perfection, than his hand was active in the preparation, we expect by you to know, both truly and particularly, in which of the undertakers greatest slackness hath appeared. And because we would be glad to take away as many objections as may be made, and, as much as is possible, to provide some remedies in this particular, we do require you also to move the Deputy to use the best means he can to inform himself and you from the Vice-President and Council of Munster how his Majesty may, without breach of justice, make use of the notorious omissions and forfeitures made by the undertakers of Munster, for supply of some such portions of land as may be necessary for transplanting the natives of Ulster. Given at our manor of Greenwich, the 24th June, in the Signed at top by the King and countersigned. R. Salisbury. His Majestie's Instructions to the Lo. Carewe. The marginal notes are in Carew's hand. |