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1577.

May 14.

Vol. 628, p. 273 a.

56.

you know that you, and the rest of our Council there, did very much fail in your duties in suffering our royal prerogative to be impugned by them in cpen speeches and arguments, and in not committing such as appeared to be principals. Had you done this, the matter might have been remedied at the beginning. We have already given order for the punishment of the parties sent over with the said letters, not in respect of their coming over to lay before us their griefs, but for that they did, since their arrival here, both by speech and writing, maintain the imposition of the said cesse to be a matter against the laws and customs of that realm, although they do now acknowledge their offence.

You likewise shall send for the lords and gentlemen that subscribed the letters sent to us, and demand of them whether they will maintain that the imposition is against the laws and customs, and not maintainable by our prerogative. If they so far forget themselves as to do so, you shall commit to ward the chiefest of them. You shall notify to the subjects of that realm that we are most resolutely determined to maintain the same.

As we are informed that certain of our learned counsel of that realm, who were present at the debating of the matter, did forbear to stand to the maintenance of our prerogative, so many of them as you think fit shall be displaced and discharged of our fee.

Touching the abuses in levying the said imposition, though you our Deputy have heretofore offered redress, you shall make it known that we have given to you, and you, our Council, express command to punish any who shall be found culpable in that behalf, and, if the cesse lately imposed be found too grievous, to yield to some convenient qualification thereof.

Greenwich, 14 May 1577.
Contemp. copy. Pp. 5.

The PRIVY COUNCIL to the LORD DEPUTY.

We think it very convenient that you should be instructed of all that has passed here since the coming over of Skurlocke and the others. Upon receipt of a letter signed by the Viscount of Baltinglasse and others of that realm, and declaration of their message, we have bad sundry speeches with them, both touching her Majesty's prerogative to impose cesse, and also concerning the great charges which they allege the inhabitants of the English Pale to be at, by the undervaluing of things being taken up far under the prices of market.

By their doings there, whereof we were advertised from you and the L. Chancellor, and by some of their own speeches and writings here, we perceived that their intention was not so much to seek relief for the over great charge of the cesse,

1577.

May 19.

Vol. 607, p. 26.

as to take it away wholly as a thing contrary to law, which her Highness will not bear. We called before us the Earls of Kildare and Ormond, Viscount Gormeston, and Lord Dunsany, who misliked their undutiful proceeding, and acknowledged that cesse had been always taken; although, considering the scarcity of things in the English Pale, they could have wished that the poor inhabitants might have been eased of some part of the burden which they now bear. Thereupon, having declared to the said noblemen that further order should be taken for the rest, we committed Sherlocke and his two companions to the Fleet for their presumptuous behaviour.

By your letters it appears that it was avouched to you in a general speech by the country that there was paid about 91. out of every ploughland towards the charge of this cesse. This seems to be a very heavy burthen, or else the officers and soldiers take greater quantities than are appointed to them, which is thought to be the chiefest cause of so general a miscontentment and complaint at this present, more than hath been heretofore. You must have an especial regard that, considering the scarcity and dearth, the inhabitants be not surcharged further than shall serve for the necessary use and furniture of your household and the bands remaining there.

Of late the Earl of Desmond has sent letters to the Queen and some of us touching those matters of cesse. We send you copies of the same, and desire you and the President to use the matter in such sort as neither her Majesty be prejudiced in her prerogative, nor the poor men overburthened. Because there is great occasion offered to suspect some general accord in other places, you shall dispose of the garrisons as may best serve to impeach any attempts. In case the Lords and gentlemen of the English Pale that sent hither their complaints shall acknowledge their offence and recognize her Majesty's prerogative, you shall take their submission in writing under their hands.

Greenwich, 14 May, 1577.
Contemp. copy. Pp. 4.

57. LORD DEPUTY SYDNEY to the EARL OF LEICESTER,

I have received since 29th April six several letters from your Lordship, of 16th February, the last of March, and 3rd, 10th, 15th, and 16th of April, all written with your own hand, and containing grave counsels flowing from brotherlike love.

I have acknowledged Sir Nicholas Bagnall's friendly offices used to the Queen to my advantage. I doubt not but before this time your Lordship has sounded to the bottom of the subtilty and faction of the peers and people of this country. I have written to my Lord of Gormanston my thankful accepting his friendly dealing with me.

1577.

"It is, I think, by this time, if not by letters now brought by this bringer, Mr. Waterhouse, apparent to your Lordship from what head the malicious and factious floods do flow out of Ireland into that court." The report of my hard dealing with Sir William Drury "is but one of the crabs that the cankered trees of this cursed country, for want of better sap, bringeth forth."

"I am glad that I do, and hope shall, find Mr. Secretary so assured to me. I will write oftener than I have done. I most heartily thank your Lordship and him for your joint letter of the burning of the Naas and of Clanryckard. By my former I have advertised I am glad of the Marshal's credit with the Queen; he will write some time to her Majesty, for so she willed him. I send Waterhouse thither with all the favour and credit that I can. I beseech your Lordship let him have your honorable countenance."

Your footman's father is not dead. I will attend to the proceedings of Sir Edmond Butler as well as I may.

"I am not a little bound to your Lordship that mine adversaries, or rather the Queen's rebels, found so cold entertainment upon the delivery of their supplication; and in especial, that it pleased your Lordship in such sort to ruffle that seditious knave, Nettervyle, as you did. I learn of your dealing with him from his own complices. Sir Edmond Butler departed no more suddenly from the court than his coming was hither from Waterford and his going away again. He delivered me your letter and my Lord Warwick's, and told me he was much beholden to the Queen, and went his way.

"The complaint out of Munster hath conspiracy with that of Leynster, as it manifestly appeareth, and it is proved that there the Lords charged their tenants to yield neither to horsemeat nor man's meat for the soldier, but to give money; yea, the Lord[s] cared not how much, only for that they would have in appearance some cause to complain. I saw a letter or the copy of one that Desinond lately wrote to your Lordship, of the disorder and misery of Munster. If it were his own doing, as it may be that it was the writing of some malicious clerk of his, and not altogether with his consent, he was imprudent in so writing, for, saving your honour, it is a stark lie.

"How the intelligence of intention to invade this land by La Roche is confirmed by other means here, your Lordship shall understand by the enclosed copy [of] my letter to the Lords, and report of Waterhouse. I rejoice that your Lordship so conceiveth that the showing of their griefs in sort as they do is meant to suppress the English government. God grant the English officers may speedily be sent! Of Clanrykcard, I hope you be satisfied that we can proceed no further here until we hear from thence.

"If I may get comfortable answer of my letter now sent to

F

1577.

That

the Queen, both her Majesty and the commonwealth of this country shall gain by Ormond's abasing. In his inlawful greatness, how imperiously he useth his peers and her Majesty's people, your Lordship may see by the copy of a letter of his, written to the Baron of Dunboyn, wherein I pray you note his signature. If he had signed so in any times but now, I think he would have been shent for his labour. Nettervyle reported that he was one of the greatest setters forward of these complaints doth appear by the Lord of Slane's letter, which Waterhouse shall deliver to you. Agard's wife is and hath been long without hope of life. I hope Waterhouse will do sufficiently. Trust me, my dearest Lord, there is no such disorder of the soldier as is reported, and that which is, is severely punished.

"Let ine have a form sent me how to put Clanrykard to his trial, and the opinion of the learned in the laws there, what his offence in law is; not that I or any reasonable man doubteth, that knoweth the matter, but that it is high treason, but that it might satisfy some simple souls of the nobility here, and admonish some that are froward enough, how to give their verdict; and doubt you not but he shall have as he hath deserved, which, if he have, it will do more good for the reformation of Ireland than the spending of 40,000l. I wish her Majesty not to doubt anything within this country that can rise thereof.

"The Council here think it not good to write in the matter of the cesse, unwritten to from your Lordships,* lest they should seem to prejudicate; but what I writ to them and what they writ again to me, firmed with our hands, here enclosed, you shall receive.

"I am ashamed of Cokrain's doltishness. Truly, my Lord, any man that had been able to have borne away his cross row † might have carried enough to have satisfied your Lordships, hearing it so often spoken of and pleaded to and fro, repeated again and again, and lastly, notes given to him of it in writing; the cesse I mean. I think the dryvyll was

bereft of his wits."

I most humbly beseech you to expedite the munition money and arraying of the men. If I may have that, though 4,000 Frenchmen land here, they shall be very near hand looked on. One thing I lack, a good man of war; one that were able to command with discretion the use of the great artillery; and for that purpose I desire Nicholas Earryngton; but to have a continual companion with myself, above any man alive, I would have Master Edward Horsey, if I could get him; if not, Mr. Pelham; and if neither of these, Captain Brykwell and his men, or Captain Read and his company.

* i.e., the Privy Council in England.

+ Sic. Qu., mistake for bow.

1577.

Vol. 628, p. 140.

June 9.

Vol. 628, p. 185.

I pray you let me know what sum of money and at what days you have ordered me to pay my Lord of Pembroke. I am made very happy by the match. If God should take me away, it would be more charge to your nephew or yourself than if it be done in my time.

For mine own suit, I am in utter despair of it, and wish I had never moved it.

Kylmaynham, 19 May; "very near my going out of the

diet."

Holograph. Pp. 10. Add. To the Right Honorable and my [verly good Lord and brother, [the Earl of Leycester, [Knight] of the noble Order of [the] Garter. At the Court. Endorsed.

58. SUBMISSION of BARNABY SCURLOCK and OTHERS.

59.

Whereas we, "the Lords," on 1st June* 19 Eliz., were called before Sir Henry Sydney, K.G., Lord Deputy, and the Council, "to join with him to subscribe to the cesse then agreed upon within this Pale, and to sit with him in her Maties presence chamber at Dublin, at the proponing and treaty of the cause, and being amongst others at that assembly moved to subscribe to the same, after the agreement thereunto had by the Council and certain of the Lords, we publicly and openly in their presence refused to subscribe, and presently upon our refusal rose from our places and departed; for which behaviour of ours we be most heartily sorry, protesting, in this honorable presence, that the same proceeded then from us more upon th' expectation of the success of our agents at her Maties hands, than upon any stomach or wilful contempt; wherefore we humbly submit ourselves," and crave pardon. We freely allow of the cesse, but beseech that the abuse in levying the same may be redressed.

Signed: Barnaby Scurlock, Christopher Flemynge, Nicholas Taaffe, Richard Myssett.

Contemp. copy. P. 1.

JAMES FITZ MORRICE.

By Mr. Waterhouse, letters of the 15th of May 1577." On Whit Sunday, 26th May 1577, Mr. Waterhouse arrived at the Court at Greenwich, with letters from the Lord Deputy and Council there, certifying her Majesty and the Council that he bad received from parts beyond the sea news of an invasion upon Ireland, intended by James Fitz Morrice, accompanied with certain Frenchmen, as La Roche and others.

He demanded:-(1.) That a mass of treasure should be sent to wage soldiers, and to remain in the Treasurer's hands, "and the bulk thereof in any sort not to be broken without this accident of foreign invasion fall out."

* Barnaby Scurlock was in England at this time, a prisoner in the Fleet, with Nettervill and Burnell.

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