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1616.

24 Dec.

Vol. 605, p. 223.

172.

the four other ancient staple towns and Limberick, either by accepting new charters or otherwise, by order of the Council of State there, be reduced to be conform unto the orders which shall now be prescribed; to the end there may be some uniform course held in all the said towns.

3. That the orders and privileges of all the said charters be considered of and framed here in England, and also the charters thereupon to pass here.

4. That whereas part of the commodities mentioned are expressly forbidden by the statutes of Ireland to be exported, viz., wools and woolfells, and part of them are doubtful whether they be comprehended in the statutes or not, viz., murkins, sherlings, lambskins, and woollen yarn; 'twere fit that there were a general proclamation for the restraint of the exportation of all those particulars, as well for the corroboration of the law, where it is clear, as for the supply of the same where it is doubtful, and for the orders of the staple to work equally upon all.

5. Whereas it is memorialed that if the former ancient towns shall refuse the reception of any his Majesty's subjects into their society, then my Lo. Deputy shall transfer the staple of wool, &c. to such other nine towns as he shall think fit, this is to be understood in case of such refusal :-the town refusing shall be excluded of the benefit of the non obstante or privilege to export, for otherwise that that they have already by charter cannot be transferred. And the like I would wish to be done if they will not conform themselves to the King's orders for the staple of wools.

6. Lastly, all the staple towns must have in their charters a non obstante of the statutes made against exportation of wools, &c., as well such as make it felony as otherwise. And also the forfeiture which by statute is given to the town must be released..

There would also be good care taken that the fine of the admittance into the Staples Company be not great, and that none come in but merchants.

Signed: Francis Bacon.
Pp. 2.

FROM the LORD CHICHESTER to the LORD CAREW touching the Plantation of Wexford.

The office of Lord Treasurer with which the King has honored me drew my attendance from these parts to the last term at Dublin, where I attended the Lord Deputy at the Council board, and spent the rest of my time in settling the business and officers of the Exchequer, to which court the Lord Deputy came twice in person. We have reformed some things that were amiss, and have brought that court into the best order that it has ever been. My care shall be to keep it so and to improve it, although my year's fee does not

1616.

defray my expenses betwixt this town and that on our journey. The Lord Deputy had received letters from you in answer to his of the Wexford plantation. You may remember what an enemy he was to plantations before he came; and by the directions he received in your letters to look back to the orders of July 1614 he conceives you are of the same mind with him. The carriage in that business, with the summoning of the people to appear, as they did, in great numbers, the proceedings with them, and the encouragement given them, were strange unto me supported by colour of those letters. And albeit it pleased him to make me and some others of the Council his assistants, what I said was of small esteem; others spake little, only ignorance itself. The L. Brabazon opened his mouth to have the patents revoked, until it was said the like would be required for Thomas Court; then he was silent. The well settling of the business is a matter of such moment for the furtherance of God's service, the King's, and the commonwealth's, that I cannot be silent until I see it concluded. I have all this time written thereof in general, and forasmuch as you have not been acquainted with the particulars of my proceedings, I send you a copy of my letter, which will inform you therein before they come to be made at the board, and have directed the bearer to present you with those orders of July 1614 and the King's letters of August following.

I had sundry letters from the King warranting the passing of those lands long since according to my first project, of which I speak not because those of July and August 1614 are only insisted upon. I pray you further and support what I have done upon so good warranty, and if the 5,840 acres be not admitted to pass to the right undertakers, whose fiants are for the most part in the hamper, yet that the 23,300 already passed to 18 undertakers, who have gotten the possession by lawful proceedings in the Exchequer, may stand good and be confirmed. Those 5,840 will abundantly content the natives and please them if the distribution be made accordingly. I am of opinion that it will do as well if 2,000 of that five be still reserved for the undertakers. And if the 2,000 be given to two undertakers to make their number 20, then the natives will have 40,700, which is almost two thirds. I need say no more to you who know the country and the people so well, and that they have ever been the fosterers and retainers of the Cavanaughs and Byrns in all their rebellions and actors with them. I find such aptness to look back upon what was done in the time of my government, and howsoever well and warrantably done to blemish or eclipse it, that I need as well a good conscience as good means to countenance and support it. If I could settle my poor estate here to yield me competent maintenance, I would seek some place of more

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24 December. 173.

Vol. 605, p. 224.

rest, for as matters are handled I think Ireland at the height of her happiness.

Knockfergus, 24th Dec. 1616.

Addressed: The Lord Carew, Baron of Clopton, and one of his Majesty's most honorable Privy Council.

Hol. Endd. Pp. 3.

LORD CHICHESTER to the LORDS of the COUNCIL, enclosed in the foregoing Letter.

I gave my attendance on the Lord Deputy and the King's service this last term at Dublin, when his Lordship imparted to me your letter in answer to his written in the matter of the Wexford plantation. The whole land found for his Majesty upon the first inquiry and survey was 66,000 acres, whereof by my first project 34,000 was assigned to the natives and 32,000 for undertakers. With this the natives held themselves unsatisfied and addressed themselves by several attornies unto you.

To omit other passages I come to your orders of July 1614 in which you laid down for the natives 49,500 acres and 16,500 for the undertakers, provided that the natives should freely submit their claims and accept this grace by Christmas then next following; and refusing to do so, I was warranted and directed by the King's letters of August 1614 to pass the whole to men of British birth, and leave the possession in the natives and the patentees to recover by course of law. I have observed your orders and the King's directions in all points, except in not passing all the lands to men of British birth, in case the natives should refuse to embrace the King's distribution by the time limited. This they did in a most proud and insolent manner, notwithstanding several summonses by letters and men of quality purposely sent unto them, their attornies bodly averring that they never submitted to your orders there. I did nothing in that business after the receipt of your orders without the advice and consent of those named by you for my assistants. When the natives had thus refused to submit and the time of grace was expired, the undertakers whose patents I had taken into my custody prayed me, and the assistants, to restore them and to leave them to the course of the law, which justice we afforded them. The other undertakers to whom portions were assigned besought us likewise to pass their patents according to the King's warrant, to which we yielded, and some were passed before I received your letters of a general restraint, dated the 9th of December 1615. 23,300 acres were already passed to 18 undertakers, whom for their quality and sufficiency I took to be fit men to undergo that plantation, submitting myself ever to your better judgments. 5,840 acres more intended for eight other undertakers of

1616.

Vol. 619, p. 190. 174.

British birth, whose patents (as it is said) are not passed the seal, but are staid in the hanaper, by reason of your letters of the 9th of December before mentioned, and so by this last division the undertakers were to have had 29,140 acres and the natives 36,860; and this is all I have done in this business.

The reason which induced me not to pass the whole territories to men of British birth, as by your orders and the King's letters I was warranted, was the consideration of your inclination to give the natives satisfaction, if reason would content them. This made me reserve those 36,860 acres for them, which I thought would better please you than passing them to men of British birth, from whom by law they were not recoverable. If I have erred therein, I crave pardon, my eye being upon the public service of the King and welfare of the kingdom. I pray that my forbearing to pass those lands upon so good warrant may not hinder the undertakers nor benefit the natives beyond their worth. The Lord Deputy finding that the King's last letters did not warrant the passing of those lands to the natives, was a suitor to you to have the same enlarged, and if that had been granted, I conceive that the natives would have been contented with the portions assigned them, and have taken their patents accordingly. What they will now do upon these fresh hopes I know not. They now seem willing to accept of the King's grace, and have made their submissions accordingly, finding their own claims and estates of no validity, the undertakers having gotten the possession of what they have passed by the ordinary course of the Exchequer, which makes them submit; but if those orders be executed, they will, I doubt not, repine thereat, as they have hitherto withstood them.

Remember the opinion the then Lord Deputy and Council had of those countries and people in the reign of King Henry VIII., which I left in writing with one of the clerks of the Council when I waited last on you. There is now a fair opportunity offered to reform those parts. If those plantations be made as was intended, the counties of Dublin and Kildare will be secured from the incursions of those people to which they have been long subject, and the King's Deputy may attend his service, as occasion shall require, in the more remote parts, without being diverted by the disloyal attempts of those neighbour countries. Copy. Pp. 2.

A REPORT made to the LORDS concerning the staple of Wools in Ireland by the Commissioners appointed. According to directions we have considered of the means for restraint of exportation into foreign parts of the wools, &c. of Ireland.

1616.

Vol. 619, p. 147. 175.

We conceive there can be no better course than by establishing staple towns as well in England as Ireland, and upon debate, do find these hereafter mentioned to be the fittest. In Ireland:-Leinster:-Dublin, Drogheda. Munster:Waterford, Corke, Limberick. Connock :-Galway. Ulster, Knockfergus, London Derry. England:-London, Bristoll, Barstable, Chester or Leverpoole, Workington.

We conceive it fit that the charters for government of the staple be the same as in England; and that there be a general proportion of all the King's subjects into the societies of staplers within the term of 5 years.

Also that the statute for exportation of wools, &c, out of Ireland from 9 other ports, except the staple towns above mentioned, do remain in force; the late proclamation in that point to be repealed, and a new one published for establishment thereof. That no man ship any wool, &c. except he be free of the said staple. That no man export any of the said commodities until the same be first weighed at the King's beam, upon penalty of the said statute; and that thereupon they enter into recognizance to the King's use in double value of such wool, &c., to bring certificate within 6 months that it is landed in England at the port it is entered for

If the ancient staple towns shall refuse the reception of any the King's subjects into their society, then my Lo. Deputy shall transfer the staple to such other 4 towns as he shall think fit. This course being duly observed, we conceive, will prevent the exportation of wool, &c. into foreign parts, and the King's subjects of England and Ireland shall have the manufacture thereof to the benefit of both kingdoms.

Signed: Arthur Chichester, Oliver St. John, Lionel Cranfield, William Cockaine, George Low.

Copy. P. 1.

THE RELEASE of divers Lords of Ireland who stood bound
for the payment of 1,000l. unto Sir George Carew,
Kt., Baron of Clapton, in particular the release of Sir
Thomas Morris.

Whereas the Lord Thomas Morris, Lo. Baron of Licksnawe, together with other lords and gentlemen of Ireland for his assurance, stood bound by several bonds, statutes, and recog. nizances for the payment of a thousand pounds sterling unto Sir Richard Boyle, Kt., for the use of Sir G. Carew at several days now far past: Now the said Sir G. Carew for him, his heirs, executors, and assigns, fully and freely acquits and discharges the said Thomas, now styled Lord Baron of Keyry and Licksnawe, and all others the lords and gentlemen who stood bound with and for him from the said payment.

Signed, sealed, and delivered unto Philip Cronyng to the use of the said Lord Baron of Keyry and Licksnawe.

Copy. P. 1. Endd. by Carew.

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