1577. Vol. 628, p. 120. Ibid, p. 120a. March. 48. without parliament or grand council it were lawful for the prince to command that men's haggards should be threshed, taken, and sold. Burnell the counsellor denied it." "The Lord Chancellor persuaded them to desist their enterprise to the charge of the country to travel into England." He willed them for this year to pay the cesse, and undertook that hereafter no cesse should be imposed but by parliament or grand council, or by direction from the Privy Council above. "For that Burnell and Netervile came the same day to the L. Chancellor his house, the L. Chancellor, the Bishop of Meath, and Chief Baron dealt with them to stay them from their journey, offering them divers such means of redress as to their knowledge they were assenting to before dinner. "After dinner, they varying amongst themselves, and Neterville with a mere contrary recital of the things that passed before dinner showed them to be of another mind. "In the end, they plainly said that they were persuaded that the L. Chancellor and the others used these speeches -* to put off the journey until towards Whitsunday, and then following, whereby they should have no hearing, and so the time of the year will come when cesse must eftsones be laid." After some sharp speeches from the Lord Chancellor and Chief Baron to Netervile, the ringleader, "they brake off, and the next tide they departed." Contemp. copy. Pp. 33. ANCIENT FREEDOMS. "The case set down between those which claim to be discharged of cesse by ancient freedom, and those which have charged them." Contemp. copy. P. 13. 49. VICTUALLING. "A proportion of victuals for 400 footmen and 100 horsemen for 10 days, now ready in store." Biscuit, 5,000 weight;" beer, 12 tuns; beeves, "30 serves for 4 days." Salt beef, "6 heddes (hhds. ?) serves for 3 days;" wheat, 50 pecks, which will serve for 6 days. Signed: Francis Laney. Contemp. copy. P. 1. 50. The PRIVY COUNCIL in ENGLAND to the LORD DEPUTY. By your letters of the 27 Jan. last we perceived that the long passage of your servant, James Prescot, in his return to Blank in MS. 1577. April. Vol. 628, p. 114a. 51. you, by means of contrary weather, was the cause your L. was so long silent from writing hither. We understand your good success against the rebels in Connaught, having restored and settled McWilliam Eughter in his country. We concur with your opinion that the hope of the Earl of Clanricard's enlargement is the cause of the continuance of the wars in Connaught, wherefore you mean to send hither a bill for his attainder. Her Majesty is glad to understand the quietness which the English Pale has enjoyed all this winter. We have considered your discourse touching cesse, and the repining of some persons of mark at it, but we find it very meet to be yet continued, until by a subsidy in lieu thereof, or by some other good mean, it may be otherwise ordered. Whatsoever shall be here reported or exhibited against you in that behalf, shall be so well weighed, as until you be heard, the plaintiffs will receive small comfort. We have seen the book of the charges for the last whole year, from 1 October to 30 September, wherein we find that year's charges to surmount the appointed allowance. We will be suitors to her Majesty to allow it, and procure payment thereof, at the next quarter, if it may be, for we perceive you have already paid it. The sum is 1,663l. 3s. 8d., sterling. "Whereas your L. writeth of certain compositions you have made with divers lords and potentates of the Irish countries for a small" * Contemp. copy, unfinished. Pp. 2. Dated in margin: March 1576. Headed: A letter to the Lord Deputy; answer to his of the 27th of January 1576. MCCARTY REOUGH. Covenants and agreements made April, 19 Eliz., between Sir William Drury, Lord President of Munster, and the Council of the same on the one part, and Owen McCarty alias McCarty Reough, esquire, of the said province, on the other part. The 100 horsemen and 200 footmen, allowed to the Lord President by the Queen, cannot be victualled and maintained with her Majesty's pay, owing to the dearth of victuals. The whole country has therefore been rated and cessed like the English Pale, to give finding to the soldier, his horse and horseboy; but the said Owen has declared that this charge, "and other his burthen and charge" rated and cessed on his lands in Caribry, have for this year past been so heavy that his tenants and farmers have not been able to pay him their rent and finding; and he desires that he may be discharged of that manner and order of rating and cessing his tenants. In consideration thereof, he proffers to pay and grant a rea *Blank in MS. 1577. [May.] Vol. 628, p. 119a. May [13.] Vol. 628, p. 268a. sonable yearly rent to the Lord President, towards the finding of the garrison aforesaid and all other burthen of cesse ; and the Lord President and Council, considering the disorders as well in the soldiers and their boys as in the cessors, purveyors and takers, have assented to confer with the said Owen touching the same. It is therefore agreed that he shall pay the yearly rent of 250l. sterling for two years next ensuing, and that he, his heirs, tenants, freeholders, and inhabitants of Carebry shall be exonerated from all cesses and subsidies during the same term. He shall "charge, divide, and contribute "the said sum upon all the said country, excepting his own principal manors and demesne lands, and the Queen's inheritance. If he can gain the consent of said freeholders and tenants, the rent shall be continued after the said two years. According to custom, they shall allow sufficient meat, drink, and lodging for 30 or 40 footmen of the sheriff of the county of Cork, for two days and two nights, whenever he shall be appointed to repair to those parts. Contemp. copy. Pp. 3. 52. PETITION of SHURLOCK, NETTERVILL, and BURNELL to the PRIVY COUNCIL. 53. "Where we, as messengers from the lords and gentlemen of her Highness' English Pale of Ireland, have had speech before your Honours sundry times touching the cesses levied there, wherein our meaning was to seek redress only of taking up those things at prices extremely under the market, of slack and never paying therefor, and of sundry other great abuses used about the same; most humbly protesting that our intents never was to deny, but that her Majesty may, by force of her royal prerogative, take up provision upon all occasions of necessity, at reasonable prices under the market; and therefore, in all that we have uttered in words or writing contrary to this, we confess ourselves to have grievously offended, and do most humbly beseech that your Honours, of your clemency and goodness, will accompt this our straight and painful imprisonment for sufficient punishment of the same." [THE PRIVY COUNCIL] to SIR WILLIAM DRURY, LORD PRESIDENT OF MUNSTER. Sundry complaints have been made by letters from the Earl of Desmond and others, that the horsemen under your charge not only "exact upon the poor countryman of that province, where they come, over and above the ordinary rate he is cessed at, 20d. sterling per diem a horsemen," but also "further in most outrageous sort abuse the said poor man." 1577. May 13. Vol. 628, p. 269. May 14. Vol. 628, p. 271. We are informed that the people are already so greatly moved by these outrages, that it is to be doubted some dangerous consequence may ensue thereof, if they be not redressed. We hope that these bruits are false and untrue. We have written to the Deputy to give order to you, "both for th' examining and also the punishing of such your troops, if any shall be found to have offended that way." Greenwich, May 1577. 54. [The PRIVY COUNCIL] to the EARL OF DESMOND. 55. We have considered your letters of 2nd March last to the Queen and certain of us. You show your great care and grief, as one of her Majesty's Council, that so great sums are spent about the reformation of that country, and yet no good ensues to the public weal of her subjects. You also set forth the discontentedness of that people through the great burthens, cesses, and disorders, and that you fear that great inconvenience may thereby ensue. You are much to be commended for this your honest care, but we find it strange that you have thus sent hither without the foreknowledge of the Deputy or the President of Munster. Her Majesty has been informed that the Lord Deputy and Lord Chancellor, upon like complaints of others, have taken very great pains to examine the matters, and after undutiful boldness of some that went about to bring her Majesty's prerogative in question, their Lordships offered to join with them for reformation of those pretended abuses, which they refused, seeking to have cesse utterly taken away; and so, without licence or foreknowledge of the Lord Deputy, some are come hither to complain. For satisfaction of your Lordship and the rest, these matters have been daily considered, and her Majesty has resolved, that if cause of just complaint do continue, you shall deliver the same in particularity to the Lord Deputy or President in Munster, and require of them reasonable redress, which you will doubtless obtain. They are written to now, and shortly they shall be more fully informed of her Majesty's further pleasure in this behalf. Greenwich, 13 May 1577. THE CESSE. "Advertised over by the Lord Deputy what discontentment certain of the Irish grew unto, through th' instigation of the Lords of that country and certain other busy headed lawyers, against the cesse, which the husbandmen and farmers. would willingly contribute unto if the gentlemen would suffer them. Now cesse is nothing but a prerogative of the prince, and an agreement and consent by the nobility and Council to 1577. impose upon the country a certain proportion of victual of all kinds, to be delivered and issued at a reasonable rate, and, as it is commonly termed, the Queen's price. The deniers of this cesse pretended their supplication to the Lord Deputy, who gave them full hearing and debated the matter with their advocates, who in their answer maintained that in law they ought not to be charged, for they were free subjects, and without composition ought not to have their goods taken from them; and because the charge of cesse was imponed by the Lord Deputy and Council, therefore, though the like order had been used for many years past, yet all was against law, and they more wronged. Their learned counsel were heard at large two several days, and they defended their answers to the uttermost. Hereupon, not according with the Lord Deputy upon the matter, they, the Lords of the Pale, sent over Barnaby Skurlocke, Richard Netervill, and Henry Burnell, to complain of the burthen of the cesse to her Majesty and the Lords of the Council; to whom, after they had presented their letters and supplications, the Lords of her Majesty's Council proposed seven articles, whereunto they gave their answer in writing signed with their own hands, which was found such with conformity † of their other dealings that they were committed. And her Majesty by advice of her Council wrote to the Lord Deputy as followeth." * II. The QUEEN to the LORD DEPUTY [and COUNCIL]. Not long since Barnaby Skurlocke, Richard Netervill, and Henry Burnell were sent hither with letters and supplications from some of the noblemen and gentlemen of the English Pale, without direction from you, our Deputy, complaining of the present cesse as a matter contrary to the laws and ancient usage of that realm, and of the great abuses committed in the levying and exaction of the said cesse. Their allegation that the relieving of our army by way of cesse is a matter against law and custom, tends manifestly to the overthrow of our prerogative, by which in our own time, as in the time of our progenitors, the said cesse, according to the quantity of the garrison, has been, with the consent of the Justices, Lieutenants, Deputies, Council, and nobility of the realm, thereto usually called as councillors, from time to time imposed. They cannot be ignorant of this, especially such of them as are members of the said Council; and the same is avowed to be most true by such of the principal noblemen of that country as at this present attend here in our court. We cannot but be greatly offended with this presumptuous and undutiful manner of proceeding, and therefore must let *Blank in MS. "Conforbuitie" in M.S. |
