1580.

in the mountains; which Piers undertook to guide him. And so they departed from Arlowe through Tiporarie, Monely, and Osserie (as is supposed) into Lexe; and there joining themselves with the O'Mores, fell soon after in consort with Baltinglas and the O'Birnes, accompanied with Piers Grace, four horsemen, Doctor Sanders, one shot, and 24 kerne."

A strong garrison was intended to have been sent to the house of Lixnawe, to take from the fugitive Earl all relief in Kerrie, but the Lord Justice, being four days' march upon that journey, was advertised of the arrival of the Lord Graie, and repaired to Dublin, appointing a colonel or governor in Munster. Letters were written to the Earl of Ormond, the tenor of which ensue. Sir George Bourcher was appointed Colonel, and his instructions do appear hereafter.

"As th' examination of Friar James O'Hay, a friar of Youghall, and one that came out of Spain, standard bearer to James Fitz Morris, and lately taken in the skirmish near Kilmalloke, is very material, it is thought good to be hereunder added, because thereby may sufficiently appear the traitorous intent of the Earl of Desmond from the beginning, as well for sending for James Fitz Morris into Spain by a friar of Asketten, as also by his intelligence with James from time to time, and accepting at his hands a basin and ewer of silver and a chain of gold, the first night that the Earl came before Smirwicke at James his arrival; which, amongst other things, argueth how worthily the Earl was afterward proclaimed."

Here follows a list of "The forces of the Lords [in Munster] imposed upon every of their several countries and territories;" and of the "Garrisons and wards in Munster."

The whole number of the forces left by the Lord Justice in Munster is 3,215 men.

The Lord Justice "did not omit to provide for the other parts of the realm; especially for Ulster and Connaught: Ulster -by entertaining the Baron of Dungannon not only to keep the Pale from violence, but to prevent such hurts as might be offered either by Turloughe, by McMahon, or by the O'Neills of the Fins, wherein Sir Edward More was a very good instrument; Conaught-by causing John and Ulicke Burke to be put upon sureties and pledges when they were ready to revolt, which apprehension of them was executed by Sir Nicholas Malbie without touch of his word or protection; and secondly, by sending to Sir Nicholas two bands of footmen to give him aid against O'Rworke, that had newly revolted in those parts."

Till the arrival of the Lord Deputy, Leinster was committed to the Earl of Kildare. The Lord Justice and Council. leave their services to the good acceptation of her Majesty. Limerick, 28 August 1580.

Signed at the beginning: William Pelham; at the end: H. Wallopp, Lu. Dillon, Ed. Waterhous, G. Fenton.

Contemp. copy. Pp. 15.

1580.

II. "An Act agreed upon by the Lord Justice and Council assembled at Limerick, concerning such noblemen as appeared before them the 8th of July 1580."

Signed by the Lord Justice and Council.

Pp. 3.

III."The Form of the Protection appointed by the Lord Justice to be generally observed."

Pp. 2.

IV. SIR WILLIAM WINTER [to PELHAM].

Dated 24 August 1580.

"It was informed me by James Traunt, of the Dingle, that there was secret speeches in the Earl of Desmond's camp, that he meant to come to me to submit himself, and to require me to bear him to England to the Queen." I showed Traunte the danger the Earl was in, and that his best course should be to submit himself to the Queen. He craved my licence to go to the Earl, who was then at Tralie, which I granted, forbidding him that in no way he should say his going or dealing was by any order from me. Yesterday he returned, and said the Earl declared that he thought he should have better dealing with Lord Graie than with you; as though he knew that the Lord Graie had some special order from the Queento deal favorably with him; and that he intended to submit himself to his Lordship. He remembered the hard keeping he had in England at his last being there, and doubted that it would be worse. His forces are only 120 gallowglas, who did marvellously urge him for their pay due unto them for one quarter of a year. The rest that follow the Earl are poor wretches, that having been spoiled with the war, do follow the camp to get relief. The Seneschal is with the Earl, who gave out that he might have his protection when he listed.

Signed. P. 14.

V. INSTRUCTIONS for the EARL OF CLANCARE.

Dated at Limerick, 27th August 1580.

That on his return into his country he shall put in readiness the forces he is appointed to levy.

That chiefly he lay to do service upon the Earl of Desmond, John [of Desmond], Sanders, the Seneschal, or any of the principal of that combination. He is to proceed by the direction of Sir George Bourcher.

That if those of the McSwins who now follow the traitors do not come in, then the said Earl is to prosecute them together with the O'Sulivan Mores. That he fail not to apprehend the lady, daughter to the Earl of Desmond.

That he be careful to revictual Castle Mange, the Castle of Beare Haven, or any other ward, and defend them with his forces.

1580.

That it shall be lawful for him to protect any of his own country, according to a form now delivered to him ;* provided that he certify both the names of the protects, and the pledges and sureties put in for the same.

Signed by Pelham at the beginning and end.
Pp. 2.

VI. EDMOND FITZMORRIS and JAMES OGE FITZPIERS to the LORD JUSTICE.

"Where Edmond FitzMorris, son to McMorris, is with the Earl of Desmond since the beginning of this motion and rebellion, havet entered into the same with his father and elder brother, Patrick FitzMorris, and, as he tells and complains, is ever sithens kept in the said rebellion by the procurement of his father, McMorris;" now, lest the same should grow to farther mischief, he doth crave and beseech her Majesty's protection, that he may enter into your Honour's service and take some office in hand. Farther, James Oge FitzPiers doth crave protection, that he may enter into the like service with the said Edmond, of which you shall not mislike. They also beseech your letters "to save and keep what living soever they had, and maintain it in their hands against all power. There are principally of their company for whom they will have protection whose names shall be hereunder subscribed; for their servants they will make a book."

From Slyffeknagrake, 9 June 1580.

Signed: Edmond Fitz Morris, James Oge FitzPiers. — Edmond FitzPiers FitzJames, Ric. FitzJames FitzPiers, Garrot FitzJames of the same, James FitzThomas of the same.

P. 1.

VII. COMMISSION to SIR WARHAM SENTLEGER.

We give you full power and authority to execute the following instructions, and to do all other things within the county of Cork for the furtherance of her Majesty's service. Asketten, 1 August 1580.

P. 1.

VIII. INSTRUCTIONS to SIR WARHAM SENTLEGER.

To protect all traitors for 40 days (excepting the Earl and all others that were at the murdering of Davells and Carter), and practise with them for doing of service against the rebels. To execute the martial law against any offenders, except such as be freeholders or worth in goods 10. To apprehend offenders. To promise pardon of life and living to any such as will do any great service. To use torture. To cut down and gather in corn and grain upon the traitors' lands, or to burn and destroy the same.

1580.

If any freeholder of the county of Cork refuse such service as the Commissioners at Cork assign them to do, or shall not contribute to such charges as have been set down, the said Commissioners shall direct her Majesty's forces to do service upon them, and to distrain their goods and apprehend their bodies.

Signed by Pelham at the beginning and end.

Pp. 2.

IX. The LORD JUSTICE and COUNCIL to the EARL OF
ORMOND.

We have received letters from the Lord Deputy and Council at Dublin to have sent thither the Queen's sword by me, the Treasurer (Wallop), but we think it necessary that I, the Lord Justice, should repair thither in person, and leave the prosecution of the war principally to you, according to your commission. By these two last journeys the rebels are so weakened, as the most of them have already submitted themselves, and the rest made earnest suit to be received upon sufficient pledges, the Seneschal, of all the freeholders, only excepted. We have authorized Sir George Bourcher to be Colonel of the forces.

The Earl of Clancare returns to his country. I have written to the Commissioners at Cork to take into their hands the body of Sir James of Desmond.

Limerick, 25 August 1580.

Signed William Pelham, H. Wallopp, Lu. Dillon, Ed. Waterhous, Ge. Fenton.

P. 11.

X. COMMISSION for SIR GEORGE BOURCHER.

To be Colonel and Governor under the Earl of Ormond of

all her Majesty's forces in Munster.

Under the Privy Signet at Limerick, 27 August 1580.
Signed by the Lord Justice and Council.

P. 13.

XI. INSTRUCTIONS for SIR GEORGE BOURCHER

Repair into Kerrie, and prey, burn, spoil, and destroy all that you may of the traitors' goods, cattle, and corn.

Advertise the Lord General of the state of the province. You may parley with the traitors, and protect such of them as you think good for 40 days, except the Earl, Sir John, Doctor Sanders, and the Seneschal.

As you shall be driven to maintain a table for your own diet and for such as shall resort unto you, you shall have allowance of the sum of 20s. ster. per diem to bear the charge thereof."

Various other directions.

Limerick, 27 August 1580.

Signed by the Lord Justice and Council.

Pp. 3.

1580.

XII. The EXAMINATION of JAMES O'HAIE, Friar. Taken before Sir Lucas Dillon and Edward Waterhowse, 17 August 1580.

(1.) The cause of his flying over to Spain was his habit. (2.) "Touching the working of James FitzMorris in France or at Rome, he knoweth nothing, but that he departed out of this land into France, and thence to Rome, and from Rome he thinketh he came into Spain, and from thence went again into France to visit his wife. And in the time of his being in France, Stuckelie, with 700 Italian soldiers, came to Lisboa, and thence went with the King of Portugal into Barbary." Stuckelie's intent was to come into Ireland, but he changed that pretence because the King of Portugal had promised him aid. "And there came one John Fleminge in company with Stuckelie from Rome, who left Stuckelie and afterwards went into France to James Fitz Morris, and thence returned to Bilboa in company of the said James, his wife, his son, and his two daughters; and after their landing at Bilboa, James Fitz Morris, John Fleminge, and Doctor Allen went together to the Court (then at Madrill), where he remained 14 or 15 weeks, and returned without speaking with the King. He left his wife at Vidonia (the sole city in Bisquay), five leagues from Bilboa; and she was lodged in the house of Juan Sarnoza, being so bare that she had not money to pay for her necessary provisions till such time as her husband sent her 1,000 ducats from the Court. The said James returned from the Court; Doctor Sanders came in company with him. And coming thither they understood of the death of the King of Portugal. At Lisboa, Doctor Sanders (unknown to the King), with such money as he had of the Pope's, bought a ship and hired certain soldiers, which the King understanding, was therewith displeased; and commanding that he should not tarry in his dominions, he departed into Galizia to visit James Fitz Morris. And coming to Rabdio, in Galizia, James FitzMorris asked Doctor Sanders-'How doth your ship and soldiers?' And then Sanders said that the King would not suffer him to bring away neither ship nor soldiers. And James answered I care for no soldiers at all; you and I are enough; therefore let us go, for I know the minds of the noblemen in Ireland.""

(3.) As to what was concluded between him and Stuckelie, "he answereth nothing is by him known, for he never saw Stuckelie; but they were together at Rome, and James FitzMorris was the chiefest of both with the Pope. And he heard the soldiers say that James and Stuckelie would divide the land of Ireland between them. Being asked what they meant. touching O'Desmond's lands, seeing they would divide the land between them, he answered that nothing was meant touching his lands, for that they were assured to have help from him." (4.) Doctor Sanders and James Fitz Morris met at the Court at Madrill, where Doctor Sanders was with the Pope's legate or commissioner.