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Tirone, Protestants; Dungannon, 2 burgesses; Clogher, 2 burgesses; Omagh, 2 burgesses; Mountjoy, 2 burgesses; Loughenisolin, 2 burgesses; Colraine, Protestants; Limywaddy, 2 burgesses; Bungevyn, 2 burgesses. In Tirconnell, Dery, 2 citizens or burgesses; Liffer, 2 burgesses; Ballishannon, 2 burgesses; Caelbeg, 2 burgesses; Donegall, 2 burgesses; Rapho, 2 burgesses; Rathmullan, 2 burgesses. In Cavan; Lisgoole, 2 burgesses; Castle Reagh, 2 burgesses; Devenishe, 2 burgesses, in Fermanagh; Belturbet, 2 burgesses; Tullaghrahen, 2 burgesses.
In the Upper House of Parliament.
The Lords Spiritual (as the British are now united,) are in number but 18, viz.:
Lo. Primate of Armagh, the Archbishop of Dublin, the Archbishop of Cashell, the Archbishop of Tuame, the Bishop of Meath, the Bp. of Kildare, the Bp. of Fernes, the Bp. of Waterford, the Bp. of Downe, the Bp. of Derrie, the Bp. of Kilmore, the Bp. of Limericke, the Bp. of Killalowe, the Bp. of Elphin, the Bp. of Corke, the Bp. of Ardfert, the Bp. of Ossory, the Bp. of Rapho.
The Lords Temporal are in number 25, viz.:Pro, the Earl of Kildare, Pro.; the Earl of Ormond, Pro.; the Earl of Thomond, the Earl of Clanricard," the Wiscount Barry, the Wiscount Roche, the Viscount Gormanston, the Viscount Mountgarret, Pro. the Wiscount Butler of Tullagh, the Lo. Birmingham Baron of Athenry, the Lo. of Slane, the Lo. Coursy, the Lo. of Lixnawe, the Lo. of Killeyn, the Lo. of Delvyn, the Lo. of Dunboyn, Pro. *the Lo. of Howth, the Lo. of Trimleston, Infant, the Lo. Poer, the Lo. of Cahire, Infant, the Lo. of Dunsany, the Lo. of Lowth, the Lo. of Upp. Ossory, Pro, the Lo. Bourke, Infant, the Lo. of Inchequin. Of these 25 lords, there will not sit above 14 obstinate Recusants, the rest are Protestant Councillors of State or infants, so as the bishops and well affected lords will be far the greater number in that house, especially if any new barons be made or some of the bishoprics be disunited. By this view of both the houses we may make conjecture how things may be carried the next Parliament.
Endorsed by Carew: Considerations made for a Parliament per J. D. knight.
Noted by Sir John Davis.
100. The CUSTOMS of IRELAND.
The estate in which they were found A.D. 1607. In the 15th of Hen. 7 there was an Act of Parliament in the kingdom of Ireland by which the subsidy of 12d. in the pound
* The words in italics and the asterisks have been added by Carew.
on all merchandise imported and exported was given to the King, whereby the said subsidy has ever since been due to the Crown. But this as well as the small customs of 3d. in the pound (due by the common law upon the goods of strangers,) have for the most part been detained ever since from all the succeeding princes by the magistrates of the cities and fort towns there, as Dublin, Drogheda, and Waterford, by virtue of a proviso contained in the said Act of Parliament, and the residue under colour of their several charters.
His Majesty receiving information thereof was pleased by his letters directed unto the Deputy and Council there to order them to treat with the said cities and port towns (who claimed immunities by charter) for surrendering their claims, and also sent thither certain persons to attend and follow that business, particularly to take copies of the books and accompts of customs there for certain years past.
Upon which treaties sundry times at the Council table in Ireland the magistrates persisted in their claims, and refused to surrender them into the King's hands, choosing rather to refer them to the trial of the laws; whereupon the copies of their said charters and books of accompt were, brought into England by the said agents, and the copies of the charters were committed to the examination of Sir Henry Hubbard, knight, the King's Attorney General, and Sir John Foster, knight, then serjeant-at-law; and the said books of accompt unto the auditors of the imprest.
The examination of the charters being made, and no grounds found in them to carry the customs from the King, it pleased them to certify so much unto the Lords and others of the Council. And after the auditors, had by the said books cast up a medium of the money received in that kingdom for customs to the King's use, they did not make the same amount to above the sum of three hundred pounds per annum, all charges paid. The King wrote and sent to the Lo. Deputy and Council of Ireland two agents with strict charge that the said towns should surrender their said claims, and on their refusal they were by the Deputy appointed to make their repair into England with their charters, which they did, and coming hither the examination was the second time referred unto the Chief Baron, the Barons of the Exchequer, the Attorney General, and others; and the said magistrates were permitted to have their counsel present to defend their titles. At the end of examination it was resolved (and so certified to the King) that the said 12d. in the pound was due unto the King by all men trading in that kingdom, saving only the freemen of Waterford, Dublin, and Drogheda, who were exempt by the Act of Parliament, and of Galway, who were (in their own port) free by their charter.
Upon this certificate, and a conference had with the King's Commissioners for Ireland, it being made known unto the King and the Lords in what state the said towns stood, and that the subsidy was due unto the King, and they in arrearages in great sums of money, which they had received to their own uses, without any warrant or grant for the same; the King sent over a third time the agents formerly employed, and wrote letters to the Deputy and Council, requiring them to take especial care in the settling of the said customs due to him, whereby some revenue might be raised towards defraying the great charge which the King was yearly at, with direction that all such farms as were let forth of the said custom (being let at a very small value) should be compounded with ; and that there should be officers chosen in every part for collecting the said customs, and that if the towns should still persist and deny the payment of 12d. in the pound, then the Deputy should impose the sum of 12d. in the pound, and thereby bring all the said towns to pay alike, which should increase commerce in the country and give content to the rest of the towns, which otherwise would altogether be impoverished in regard of the difference of the customs. All which directions have been observed, and all the ports of that kingdom (which are in the King's hands) are brought to pay the said sum of 12d. in the pound, and that part thereof, which is paid by the name of impost, is now as willingly paid as the other part which is paid by the name of subsidy. And in this state they now stand, The things following are yet needful to be done for the better perfecting of the Irish customs. First, as the ports of Derry and Colrayne are granted lately from the King to the city of London, and are in their possession for certain years without accompt, and the port of Carrickfergus is in the possession of one Captain Langford for certain years, and after the expiration of that, lease is granted by the King in fee simple unto Sir James Hambledon knight, for ever, it were very fit to cause the said three ports (either upon composition or upon some other course.) to be also surrendered and given up into the King's hands. As the freemen of the different ports of Dublin, Waterford, Drogheda, and Galway, (who now pay 12d in the pound by name of impost) if they happen to be taken with not entering, misentering, or short entering their goods, think they can make no forfeiture of them (as they know they should do, if they paid the said sum by the name of subsidy), and are thereby much encouraged to practice to deceive the King; it will be good in the next Parliament to make void that clause, or proviso mentioned in the said Act, and likewise that branch in the charter of Galway by which they claim to be free from payment of customs, and so to bring all the ports of that
kingdom into one state and degree. All goods not entered,
For the incease of trade and commerce, and so by consequence of the customs.
As almost all the principal cities and port towns of that kingdom claim by their charters a power to prohibit any man (not being a freeman) to bring into their port any ship laden with wines, salt, or iron, and there to discharge the same, although the merchant has paid all customs due to the King, unless the merchant will sell his merchandize to them at such prices as they themselves shall set at their own pleasures; and so the country is destitute of sundry good commodities, and bound to buy the townsmens' wares at extreme dear prices, and the King loses his customs. This may be easily remedied either by Act of Parliament or by proclamation.
As the townsmen and citizens of Dublin and some other places, by virtue of certain charters called their Trinity Yeald, (Guild) forcibly take the merchandize and
goods of all men arriving there (not being free of their said yeald) after the customs due to the King is paid, and carry them into their hall, and there keep them in their possession, at the least forty days, sometimes two or three months, or as long as they think good, unless the merchant will sell them the said goods at their own price, and sometimes abuse the commodities, so as sundry merchants have been compelled to complain to the Deputy and Council before they could get restitution of their goods, whereby many men of great trade that would frequent that country with very good and necessary commodities, by that and the like ill-usage, are constrained to forsake and abandon that country to its hurt, prejudice of commerce, and hindrance of the King's customs. Some part of these and the like charters granted, to superstitious uses and the intents not to be observed, as some of them are already void by law, so may the rest be remembered either by law, proclamation, or some other good course to be abrogated, for they are a great means to continue the country in rudeness and barbarism. And where it has been objected that the impositions set upon foreign commodities brought into England make the Irish merchant pay much more custom than before, it may well be answered that the King saves and keeps to himself no impost at all upon any more foreign commodities than those only which are spent within the kingdom of England. By reason that he repays upon the shipping outward the impost which was paid upon the landing inwards, whereby it is apparent that the Irish merchant buying foreign commodities in England, upon his shipping them into Ireland receives the impost which was paid upon landing them inwards. So the King repays and the merchant of Ireland gains the said impost (which is for the most part) sufficient to defray the custom due in England upon the same goods outwards. And the Irish merchant for the foreign commodities which he buys in England has not much more to pay than only such customs as are due in Ireland inwards upon their arrival there.
Copy. Pp. 3. Endorsed.
Vol. 629, p. 62. IO1. OPINION of ROBERT COGAN touching the Customs.
* Cogan's opinion According to your desire, I have set down my opinion 's the cus- how much the customs of this kingdom of Ireland may yield - in present to the King, upon observation made in my last travel into the ports. Whatsoever I shall here deliver is grounded upon uncertainties, being partly out of some inquiry made in my last travel to the ports, when I settled the officers to collect the customs, and partly by my own observation which I took from port to port, having no other
* In Carew's hand.