1608.

McDonnell Ban of the Balekestan, Gillpatricke McDonill of Killpatrick, Thomas McDonill of Cowbrodd, Oyn McDonill Bane of Killpatricke, Gillpatrick Oge McLisaigh of Mongaroe, Henry Walsh of Clonranye, Donill Reaigh McPhelim of Killmehell, Donnaigh McGerrot of the same, Moraigh McBrene of Rathperise, Gerot McDonill Owr of Ballegolen, Art Mc Donnaigh Oge of Ballenrana, Donill McDonnaigh, of

*, Fairdarraigh McBrane of Balekargy, Moraigh Duff of Balleege, Braune McYnnes of Corratobbann, Gerot McDonull of Kildowdy, Gerot McOyn of the same, Edmonde McCaier of the Cullentraigh, Gerot McCaier of Balle-Arte, Lisaigh Duff McYnnes of Bellegarie, Phelin McMoriertaigh Bwy of Killmehell, Terrelaigh Buie McKenee of Ballemont, Teg Mc Miertagh of Rosmaynock, Dyn McMousseoge of Balleroyne, Edmond McBrene Bwy of Ballecaroll, Morishe McDonull of Illanstrassock, Art Owr McMoroighe Oge of the Cregh Baleroen, Gerot McMoroighe Oge of the Creegh, Terrelaigh McMoroigh Oge of the same, Eff McThomas Oge of Ballentlee, Gerald McEdmond of Cooleshill, Dermot Owr McShemmone of the Gesr. Edmond McMoriertaigh of Ballenrath, Moraigh McCormicke of Tomcoyle.

The High Constables of the Barony of Starrowalshe. Stephen Synot of Ballerell, Moriertagh McDonull of Ballenroyse.

The Gentlemen of the Barony of Starrowalshe.

Dowleen McBrenn of Tiscorre, Owen Donull of Tomm Dire, Richard McDonull of Garesinote, Art McCaier of Balebarne, Art McDonull Owr of Killcowlen, Bren McDonill Owr of Marshalston, Gilpatrick McMalaghlyn of Ballebockran, Moraigh McArtmore of Straghmor, William McDonill Owr of Kowllungiste, Morish McDonill Owr of Marshalestoun, Farganmaun McMoriertaigh of Ascoughin, Donnaigh Ballaigh of Monganestone, Donnell McEf of Davestoune, Edmond McGerot of Baledigane, Shane Duff McShemes of Ballelosch, Shane Reaigh of Balledegane, Dorlough McKowllse of Cromok, Teg McOyn Mor of the same. Art McMoriertaigh of Clonyardom, Gerotte McYnnes of Manglisse, Donull McBrenne of Balleouddane, Dermot Reaighe of Balleullaigh, Dermot McPhersone of Mayne, Phersone, Robert McBreene of Rosseharde, Nicholas McEdmonde of the same.

Copia Vera.

Per Walter Talbot, Clerk of the Crown and Peace in the county of Wexford.

Copy. Pp. 10.

Endorsed by Carew.-Justices of the peace, coroners, constables, jurymen, &c., within the counties of Kildare, Cathelough, Kilkenny, and Wexford, in anno 1608.

Blank in MS.

1609. January 28. 14.

Vol. 630, p. 13.

ARTICLES agreed on between the Privy Council on the King's behalf on the one part and the Committees appointed by the Act of the Common Council on behalf of the Mayor and Commonalty of the City of London on the other part, concerning a plantation in part of the Province of Ulster signed by the Lo. Chancellor, Lo. Treasurer, Lo. Privy Seal, Lo. Chamberlain, Earl of Worcester, E. of Dounbar, Lo. Souch, Lo. Knollis, Lo. Stanhop, Sir John Herbert, and Sir Julius Cæsar, and on behalf of the City by Sir Henry Mountague, Sir Thomas Low, Sir John Jolles, William Cokayn, William Towerson, Nicholas Leate, William Dale, Richard Wreight, Martin Freeman, John Broad, George Smithes, William Dios, William Greenmell, John Barton, William Harisoun, William Turnor, and James Hotghton.

1. It is agreed by the city that the sum of 20,000l. shall be levied, whereof 15,000l. to be expended upon the intended plantation, and the other 5,000l. for the clearing of private men's interests in the things demanded.

2. That at the Derry 200 houses shall be built and room to be left for 300 more, and that 4,000 acres lying on the Derry side next adjacent to the Derry shall be laid thereunto, bog and barren mountain to be no parcel thereof but to go as waste for the city. The same to be done by indifferent Commissioners.

3. That the Bishop and Dean of Derry shall have convenient plots of ground for the seat of their houses at the Derry.

4. That Colraine shall be situated and built on the Abbey side, and that 100 houses shall be built therein and room left for 200 more, and that 3,000 acres of land shall be laid thereunto, viz., 1,000 to be taken on the Abbey side next adjacent to the town. That if it shall please the King at his charges, after some good proceeding in the plantation, to erect and maintain a bridge in perpetuity for a common passage over the river between the town and the county of Colraine; then it is agreed the other 2,000 acres shall be taken on the other side of the river, otherwise the whole 3,000 acres are agreed to be taken on the Abbey side.

5. That the measure and amount of land shall be after the balliboes according the King's last survey.

6. That the rest of territory and entire county of Colraine, esteemed at 20,000 acres, more or less, undertaken by the city, be cleared from all particular interests except the Bishop and Dean of the Derry, their inheritance; and except certain portions of land to be assigned unto three or four Irish gent. at the most, now dwelling and settled in the county of Colraine, who are to be freeholders to the city and pay them some small rent, the same portions and rent to be limited by Commissioners to be indifferently chosen between the King and the city.

1609.

7. That the woods and the ground and soil of Glancanken and Killetraagh, extending from the county of Coleraine to Rallinderrie, be wholly to the city in perpetuity; the timber trees of those woods to be converted to the furtherance of plantation and all necessary uses within Ireland, and not to be made merchandise.

8. That the soil of such land within and amongst the woods of Clancanken and Killetraugh, which stand charged as surveyed lands, be undertaken in like form as the county of Colraine.

9. That the city shall have the patronage of all the churches as well within the said city of Derry and town of Colraine as in all lands to be undertaken by them.

10. That the 7,000 acres laid to the city of the Derry and town of Colrayne shall be in fee farm at the yearly rent of fifty three shillings [and] fourpence.

11. That the city of Derry and town of Colraine and 7,000 acres of land to them shall be holden of the King in free burgage.

12. That the residue of the county lands and woods, and all such lands as are to be undertaken, shall be holden of the King in common socage.

13. That the customs of all goods imported or exported, poundage, tonnage, the great and small customs, shall be enjoyed by the city for the term of fourscore nineteen years within the city of Derry, town and county of Coleraine, and ports and creeks thereof, paying yearly 68. 8d. to the King as an acknowledgment, and to have the like within the Port of Portrushe.

14. That the salmon and eel fishing of the river of the Ban and Loughfoyle, and all other kinds of fishing in the river of Loughfoyle, so far as the river floweth, and in the Ban to Lough Caghe, shall be in perpetuity to the city.

15. That the city shall have liberty to transport all prohibited wares growing upon their own lands.

16. That the city shall have the office of Admiralty in the coast of Tirconnell and Colraine, and all the royalties and profits thereunto belonging, and shall have their own ships and goods which shall happen to be wrecked at sea at Ballishennon and Odersfleet, and in all the wastes, ports, and creeks alongst and between them, saved and reserved to themselves.

17. That the city shall have the like liberty of fishing and fowling upon all that coast as other subjects have; and that it shall be lawful for them to draw their nets and pack their fish upon any part of that coast that they fish upon and carry the same away. And that they have the several fishing and fowling in the city of Derry, the town and county of Colraine, and all the lands to be undertaken by them, and in the river of Loughfoile so far as it floweth, and of the river of Ban unto Lough Caghe.

18. That no flax, hemp, or yarn unwoven be carried out of

1609.

March 16.

Vol. 630, p. 17.

the ports of the Derry and Coleraine without license from the city officers; and that no hides be transported raw without like license out of these ports.

19. That as well the cities and towns, as the county of Coleraine be freed from all patents of privileges heretofore granted to any person; and that hereafter no patent of privilege be granted within the said several cities, towns, and county of Coleraine, and other the undertaken lands; and that the said city of Derry, town and county of Coleraine shall be freed from all compositions and taxes which may be exacted or imposed by the governor or governors of those parts.

20. That the city shall have the castle of Culmore and the lands thereunto in fee farm, they maintaining a sufficient ward of officers therein.

21. That the liberties of the city of Derry and Colraine shall extend three miles every way.

22. That the city shall have such further liberties to the Derry and Coleraine as, upon view of the charters of London, the Cinque Ports, Newcastle-upon-Tyne, or the city of Dublin, shall be found fit for those places.

23. That all particular men's interests in the places about the Derry and county of Coleraine and in others, the undertaken lands be cleared and free to the city (except those excepted), in the 6th article.

24. That sufficient forces shall be maintained at the King's charges for safety of the undertakers for a convenient time.

25. That for settling and securing all things touching the said plantation, the King will give his Royal assent to Acts of Parliament here and the like in Ireland to pass.

26. That the city shall have time during the term of seven years to make such other reasonable demands as time shall show to be needful.

27. That the city shall, with all speed, set forward the plantation in such sort as that there be 60 houses built in the Derry and 40 houses at Coleraine by the first of November following, with convenient fortifications; and the rest of the houses with the fortifications to be built and perfected by the first of November which will be in the year 1611.

Copy. Pp. 5.

15. The PROPOSITIONS of the Commissioners unto the Bishops within the 7 escheated counties in Ulster concerning the plantation of the Termone and Herenagh lands there granted to the Bishops by the King's bounty, to be planted by them; with the answers of the Bishops of Derry, &c., in the behalf of the Lo. Primate of Ardmagh, and the rest of the Bishops within the counties aforesaid, unto the said propositions; and the reply and approbation of the Commissioners unto the answers of the Bishops.

1. By whom they will people and plant the said lands.—

1609.

(1.) By the project for plantation it was thought fit to plant some of the natives upon the bishops' lands and the glebes of the parsons, which course of plantation we undertook to perform, and, in our opinions, will be no hindrance unto the plantation, and will be a great means of bringing the natives to civility, loyalty, and religion, whereof we are ready to give very pregnant reasons, if they be required; yet, if it be thought fitter to plant the said lands with Britons, the bishops will be ready to follow that course, so the natives may be removed without the bishops' trouble when the Britons shall be brought to inhabit the church lands. Reply of the Commissioners.-(2.) It was never intended by the project that the bishops might plant Irish upon the Termon or Errinnagh lands, but liberty was left with them to plant Irish or others upon their mensal lands. But we are of opinion that they shall plant Britons upon one-third part of the Errenaghe lands, and if the septs of Ennenaghs inhabiting these lands be not of sufficient number to manure the same, a greater quantity is to be planted with Britons.

2. What number of houses, castles, bawnes, &c. 2. We will endeavour to plant so many houses, castles, and bawnes as in the articles of plantation is prescribed; every inhabitant, according to the quantity of ground, shall be granted unto him, if the bishops may be allowed to grant estates accordingly. 2. Touching the second, we think the answer reasonable, so as the building be upon the land to be planted by the Britons.

3. What estates they will grant to their undertakers? 4. What power they require to be enabled by the King for the granting of their estates to others?-3 and 4. We are contented to grant estates of 60 years to the first undertakers, being Britons by birth or descent for their better encouragement, if they will accept of no shorter estates; and we pray that, by letters patent for the erection of the bishoprics, we may be warranted so to do, or to grant further estates as may be thought convenient for the plantation, and that all the second leases and grants may be limited for 21 years or three lives. 3 and 4. We also think the answer reasonable, expounding the second leases to be all the succeeding leases after the first expired.

5. What caution shall be given of the bishops part for the performance of the covenants?-5. We hope that the King will expect no other cautions of us for planting the lands than he doth for discharging our episcopal functions in other points of greater moment, which we will perform with our best endeavours. Also, these lands not being assured to our posterity, but left unto our successors, we cannot bind our posterity for performance of the covenants. 5. Touching the 5th, provision shall be made in the letters patent of grant to the bishops by way of volumus and mandamus or otherwise.

6. Within what time they will undertake the performance