1577. Earl of Clanricard's, they so manfully and valiantly defended both the castle and the town, in which they were besieged by 2,000 Scots and Irish, brought thither by the Earl's sons, that no house or cottage perished, although they were but 100 foot and 50 horsemen. "Some hurt hath happened of late in the King's County by the sudden starting out of the O'Connors, grown chiefly by unadvised and negligent dealing by some put in trust, who, too hastily giving credit to the oaths of the outlaws, dismissed the guard of the country, whereof ensued the burning of some ricks of corn and a few cottages." The book of arrearages of the Queen's debts, which has been continued from year to year, in appearance and bulk shows no small matter. The debtors are for the most part dead, slain, or in miserable and poor estate. Therefore in order that it may more plainly appear to her Majesty which are sperate and which are desperate debts, you should do well to write to the Auditor and Surveyor (Alford) tocertify the state of the said arrearges, and to yield you their best reasons why the book is continued. A commission also should be granted to me and the Council here, to compound with them at our discretions. I intend within a few days to repair to the North, and there to deal with Tirloghe O'Neale, whom I have sent for to meet me at the Newrie, whither, when he shall come, I will compound the best bargain I can for her Majesty, and likewise conclude with McGenis and other Irish lords in those parts. I will shortly send over bills for Parliament, and then I will show my advice about letters for the subsidy. The Lord Chancellor is the best beliked man that ever sat in his place. I fear lest the daily toil he takes without assistance may hazard his weak and sickly body, and therefore put you in remembrance of the speedy sending over of two learned persons, the one to supply the office of a justice, the other to be her Majesty's attorney. I end with some special requests. (1.) Your good acceptance and allowance of my letters for the court of the Marches and March causes, and your answer upon them. (2.) To know her Majesty's resolution in the liking or disliking of those persons I recommended of late to be placed in the rooms of the bishops here, as namely for Ossory, Ardaghe, and Rosse in Carbrie. (3.) For that by reason of these winter wars in Connaught, supply of money must speedily be had, I beseech you to take order, that as well such money as is due already the first of January present, as that which shall be due the last of March next, may be presently delivered to the Treasurer or his factor there. Dublin, 27 January 1576. 1577. Feb. 8. Vol. 628, p. 145a. Ib., 46. WILLIAM GERRARD, LORD CHANCELLOR, to [the PRIVY Opinions in London respecting the government of Ireland and the subjection of the Irishry. The Pale to be stretched further by little and little. The Deputy keeps above 1,500 in garrison, besides holding kerne in pay. Since my coming to this land, he has been forced at times to hold them all occupied. I heard it said in England that even to Dublin gates every man was forced to keep his cattle in fastness. I find this true, but my long knowledge of Wales shows me the cause, namely, the mountain thieves; for the mountains stretch within 4 miles of Dublin. In the east side of those mountains the Br[e]nes and Tooles have their habitation. The chief cause of the continuance of Welsh felonies was "the privileges and customs which lords marchers had to agree and redeem felons;" and it is the same here. The Lord Deputy is going this Lent to keep sessions at Kilkenny and Wexford, taking Mr. Agarr and my assistants. He will return through those mountains, one part of which he will make a county of itself, and join the other part to Dublin. He will keep sessions in both of them, take like recognizances for idle followers as I have done in Trim, banish all mountain meetings used to compound and agree for felonies, and "work hanging in place of agreeing to recompense felonious offences." Now to this uncurable sore of the cesse. On my first arrival the Lord Deputy, hearing of the common murmur of the people, called divers of the best within the Pale together, to whom he opened the cause of this cesse for the army. He told them that there were 1,000 soldiers in garrison; that their pay could not victual them; and that the Queen lost near 2,000l. yearly by the victualling. He therefore desired them to devise how the soldier might be found and the Queen at no great charge; otherwise the cesse must be had, or the soldier laid upon them. They held long conferences, but could not devise to ease the Queen's charge and help themselves, except the cesse was withdrawn. Although they affirmed that every ploughland by means of the cesse did bear the yearly charge of 81. and above, yet they would not hear of the Lord Deputy's device to have the ploughland charged for a time with 4 marks, besides the subsidy, to ease them of all cesse. They said it would be a perpetual charge to the inheritance. The cesse was then set down as it was the year before both for the army and the Lord Deputy's house. The Lord Deputy perceived that the chief cause why the ploughlands were now more heavily burthened than before was the multitude of new freedoms obtained from former deputies. He therefore willed me to consider of these new grants. I consulted with all the learned in this land being in office. We found that no such grant could in law extend to discharge them of cesse. Proclamation was made throughout the Pale containing our opinions, and leaving the cesse to be 1577. imposed on all ploughlands not discharged by ancient freedom It also contained some orders to meet with the disorders of the soldiers travelling in journeys. This proclamation was much misliked. Most part of the best sort within the Pale assembled, and after conference exhibited a petition to the Lord Deputy and Council, requiring to be discharged of all cesses, which they termed impositions and exactions not warranted by law. They also requested letters to the Queen commending their suit, or else liberty to repair into England. I made them answer from my Lord that he could neither remove her Majesty from the possession of what she had so long enjoyed, nor move her to any greater charge than she was at; but if they would set down the particular griefs which they would offer to her Majesty, and if his Lordship could not give them remedy, they should have both licence and commendation of their suit. Their counsel learned affirmed that the Queen could not impose any cesse without their consents by Parliament. They then delivered a note of their particular griefs. It contained the proportion cessed of beeves, corn, and other achates, with the corn levied for the horses, the charges of the horseboys, the market prices, and the small price paid. The victuallers were called and proved before thein that the proportion cessed would not find the garrison. The Lord Deputy said he kept a greater number in his house than his predecessors, and took but the proportion set down in the Council Book for them. He offered the sight of his book of weekly expenses. He agreed with them that prices were risen, and told them that if they would make suit to her Majesty to pay for things as they were sold in the market, he could not any way move her to that charge. They then in few lines exhibited such a bill as they said they would prefer to the Queen, "which contained nothing but in generality that was not thought fit to be recommended." Then they asked for licence to go to England, and my Lord said they might do as they pleased. This was the end they had with him about St. Andrew's Day. Since then two of the best sort of them repaired to me, -by the way, I have been suspected over much to favour their cause, and told me of a mean how the soldier might be found without cesse, and the Queen at no greater charge. I undertook that my Lord would assent to any such device. They laid it down in writing. They charged the victuallers with much hid gain in victualling. The victuallers set down their answer in writing, containing four ways of victualling, and in every way the certain loss. Thereupon the country set down notes falsifying the victuallers' proportion. "Because they varied in the weight of every beef and the number of loaves which every peck of corn would make, I played the butcher and baker two several market days, and 1577. Vol. 628, p. 141a. weighed of the best, meanest, and worst sort of beeves, and also weighed the peck of corn, and received the same by weight in loaves, containing the weight of 3 lbs. every loaf of bread; and finding the same neither so weighty as the country set down, neither so light as the victuallers alleged, I have rated as well to the beeves as to the peck of corn a certain mean proportion, which I think draweth near to the truth; and victualling the soldier after that proportion, I have plainly set down what the loss would be, if for beeves and corn the like price should be paid as at this day" in the market. This discourse will enable you to devise means at their coming up how to deal as well for the Queen as for their help. Their impudency in grudging at the charge of a penny where the Queen spends 12d. for their defence should be reproved. With good handling they may be wrought at the next Parliament to assent to charge every ploughland with a certain charge, and so to be discharged of all cesses, to continue for ten years, as subsidies here do. If it were 4 marks besides the subsidy, it would draw to a round yearly sum, charging all new freedoms a sufficient finding for the soldier. "These gent' who now complain should take some taste of the pain which the poor perforce abideth. For, Mr. Secretary, say what they list, I find it by their own confession the gent' never lived so civilly and able in diet, clothing, and household as at this day; marry, the poor churl never so beggarly." Their cruel exactions upon their poor tenants. I abash to tell with how few soldiers all this Pale could be overrun, if they were left to be defended by their own power; and yet a lord said at the Council table that they of the country needed no garrison! Dublin, 8 February 1576. Signed: W. Gerrard. 47. "The PROCEEDINGS in the CESSE, anno Great grief of the country at the heavy burden they bare the year before. Assembly of the Lord Deputy and Council to set down the cesse; divers of the lords and gentlemen [of the Pale], and of the learned in the laws present. Speech of the Lord Deputy. 1,000 soldiers in garrison. The Lord Deputy's household. The soldier unable to live on the Queen's pay. The Deputy willed them to consider of any way how the soldier might be victualled with that pay. Divers speeches "from those and the learned of the country." The burthen was so heavy that they were not able to yield. Blank in MS. 1577. Some said they needed no soldier; they were as able to defend themselves as their fathers were. Disorders of the soldiers. Grief at the number of horses cessed. The charge of some ploughlands the year before drew to 10l. or 12l. Some said the Irish countries should contribute. The Lord Deputy offered to take 4 marks only of every ploughland. This was misliked. He willed them to confer amongst themselves. Another meeting the day after. It was alleged that the proportion of corn and beeves levied was more than sufficient. "Sackfourde the victualler was, and is, under officers." He showed them the proportion was not sufficient. The Lord Deputy offered to show his officers' book of the weekly expenses of his household. Then Because they of the country would grow to no other end, the cesse was set down as it was the year before. certain of the country exhibited a petition against the unlawful exacting of cesse without warrant by law, and for redress; otherwise that they might have licence to repair into England. Answer delivered them by the Lord Chancellor. The Council would not give them liberty to go into England, unless they would first signify what suit they would make there, and desired them to set down in writing a note of their griefs, which they did; but the Lord Deputy made them answer at Trim, that he did not approve of it. Afterwards they exhibited a short bill, which being general and containing no special matter, the Lord Deputy refused to commend it to the Queen. In Hilary term some of those who had new freedoms denied to pay cesse. The matter was heard by the Lord Chancellor and others in the Castle Chamber. Three councillors at the bar, Burnell, Barnewall, and Skirlocke. These maintained that all the laws for purveyors in England were laws in this land; that by those laws nothing ought to be taken without present payment; that without parliament or grand council there could be no imposition laid upon the subject; and that by statute 27 Hen. VIII. grants of freedom had continuance. The Lord Chancellor replied that his Majesty's prerogative was such as she might impose a charge for defence of the country without parliament or grand council. "He had a great bundle of rolls of acts of parliament co[a]ted with papers fixed to turn to the laws." Cesse imposed since Hen. IV.'s time. The counsel seemed not well able to answer. "The Chief Baron affirmed that the manner of laying the cesse as it was by a grand council,* and vouched the opinion of his father yet living, learned in the laws, and of great years, Sir Edward Fitton demanded of them questions whether |
