Ireland under the Stuarts and during the Interregnum, Vol. I (of 3), 1603-1642

21

The Case of Præmunire in Sir John Davies’s Reports, London, 1628. Lalor was arrested in March 1605-6, and finally convicted early in the following year.

22

Lord Deputy and Council to the Privy Council, December 5, 1605; Chichester to Salisbury, December 7.

23

Brouncker to Cecil, August 23 and October 17, 1604; Salisbury to Brouncker, March 3, 1606; Brouncker’s letter of September 12; Return of fines imposed 4 James I. printed in Irish Cal. ii. 41; Brouncker to the Privy Council, November 18; Chichester to Salisbury, December 1, 1606, and February 10, 1607; The King to Chichester, July 16, 1607; Privy Council to Chichester, January 17, 1608-9; Davies to Salisbury, June 10, 1609.

24

Brouncker to Cecil, August 23, 1604; observation by Sir John Davies, May 4, 1606; Lord Deputy and Council to the Privy Council, September 12, 1606; Brouncker to the Privy Council, February 10, 1606-7. For Connaught see preface to State Papers, Ireland, 1606-1608, p. 46.

25

Chichester to Salisbury, December 7 and 9, 1605; petition by the nobility and gentry of the English Pale, No. 593; Lords Gormanston, Trimleston, Killeen, and Howth to Salisbury, December 8; Davies to Salisbury, No. 603; Barnewall to Salisbury, December 16. Carew’s Brief Relation of passages in the Parliament of 1613 in Carew.

26

Letter to Cecil, 1602, Spedding, iii. 49.

27

Calendar of State Papers, Ireland, from December 1605 to September 1607.

28

John Byrd to Devonshire, September 8, 1603, with enclosure; Meehan’s Tyrone and Tyrconnel, p. 36; Fynes Moryson, book iii. chap. 2; Harrington’s Nugæ Antiquæ.

29

Davies to Cecil, April 10, 1604.

30

Docwra’s Narration, pp. 260-277; Lord Deputy and Council to the Privy Council, October 4, 1605; Davies to Salisbury, November 12, 1606; agreement between Tyrone and O’Cahan, February 17, 1606-7; Bishop Montgomery of Derry to Chichester, March 4; Chichester’s instructions to Ley and Davies, October 14, 1608, p. 60.

31

Petition of O’Cahan, May 2, 1607; Chichester to Salisbury, June 8; Lord Deputy and Council to the Privy Council, June 26; Davies to Salisbury July 1; Docwra’s Narration, 284.

32

Docwra’s Narration, p. 249; Davies to Cecil, December 1, 1603; Four Masters, 1608.

33

Davies to Cecil, December 8, 1604; Chichester to Devonshire, February 26, 1605-6, endorsing Caulfield’s report; to Devonshire, April 23; to the Privy Council, August 4, 1607; examination of Sir Neill O’Neill, August 7, 1606 (State Papers, Ireland); Carleton to James I., March 18/28, 1614, in Hist. MSS. Comm. (Buccleuch), 1899.

34

Examination of Gawen Moore and William Kilmeny, mariners of Glasgow, August 30, 1606; Chichester to Salisbury, September 12, with enclosures; examination of John Loach, under 1607, No. 493; Davies to Salisbury, September 12, 1607; notes to O’Donovan’s Four Masters under 1607; Meehan, chap. iv. As to O’Cahan see Chichester’s statement calendared at 1608, No. 98.

35

Four Masters, 1607; James Loach’s examination, 1607, No. 493; Davies to Salisbury, September 12; Meehan, chap. iv. The latter narrative is mainly founded on an Irish manuscript by Teig O’Keenan written in 1608 and preserved at St. Isidore’s, Rome, a specimen of which was printed by O’Donovan in his notes to the Four Masters, 1607.

36

Meehan, chap. iv.; list of Irish captains in Archduke’s army, July 22, 1607; Letters of Sir Thomas Edmondes to the English Government, October 1607 to the following March; Privy Council to Chichester, March 8, 1607-8. ‘A most lewd oration’ spoken before the Earls at Douai is calendared at January 25, 1608.

37

Statements made by Christopher Lord Howth between June 29 and August 25, 1607, No. 336; Lord Delvin’s confession, November 6, 1607; examination of John Dunn, February 14, 1606-7; examination of the Franciscan James Fitzgerald, October 3, 1607; secret information in Wotton’s handwriting, 1607, No. 897; Chichester to Devonshire, April 23, 1606, after the latter’s death, but before it was known in Ireland.

38

State Papers, Ireland, 1607, especially Chichester to Salisbury, May 27, September 8; Discourses with Lord Howth, No. 336; Chichester to the Privy Council, September 7 and 17.

39

Lodge’s Peerage (Archdall), i. 237, and the State Papers, Ireland, calendared from September 8 to November 27, 1607; Lords of the Council to Chichester, May 11, 1611.

40

Instructions for Sir A. St. Leger, December 21, 1607; Chichester to the Privy Council, June 3, 1608; Warrant for pardon, July 18.

41

Chichester to Salisbury with enclosure, October 2, 1607; Examination of Father Fitzgerald, October 3; Chichester to Salisbury, July 2, 1609, and the answer, August 3; Delvin’s Confession, November 6, 1607. The account of Lady Tyrconnel at p. 235 of the Earls of Kildare is very incorrect. A short notice of Mary Stuart O’Donnell is in the Dict. of National Biography, xli. 446 b.

42

Declaratio super fugam comitum de Tyrone et Tyrconnel, non propter virtutes sed ob rationes status ad honores promotorum – Rymer’s Fœdera, xvi. 664, November 15, 1607. Bacon probably had a hand in this, having received a full account from Davies, which he answered on October 23 – Spedding’s Life, iv. 5.

43

Cal. of State Papers, Ireland, 1607, Nos. 501 and 503; James Bathe to Salisbury, January 9, 1607-8.

44

Edmondes to the Duke of Lorraine, January 12, 1607-8; to Salisbury, January 28, February 18 and March 30; Wotton’s letters for April and May, 1608; information in Wotton’s hand, No. 897, State Papers, Ireland; Meehan, chap. 7, with the Doge Donato’s letter at p. 270; Salisbury to Cornwallis, September 27, 1607, in Winwood’s Memorials, and Cornwallis to the Privy Council, April 19, 1608, ib.

45

Chichester to Northampton, February 7, 1607-8, printed in Ulster Journal of Archæology, i. 180, from Cotton MS. Tit. B. x. 189.

46

Docwra’s Narration; Cal. of State Papers, Ireland, for 1607; Recognisance in Chancery and Indictment of Tyrone, &c., calendared under June 1608; O’Dogherty to the Prince of Wales, February 14, 1608.

47

Hart’s narrative enclosed in Chichester’s despatch of May 4, disproving Cox’s statement that the garrison were murdered. O’Sullivan, Tom. iv. Lib. 1, cap. 5: ‘Georgius Paletus Luci (Derry) præfectus Anglus eques auratus O’Dochartum conviciis onerat, minans se facturum, ut ille laqueo suspendatur.’ Cox, writing in 1690, mentions a report that Paulet had given O’Dogherty a box on the ear.

48

Bodley’s letter of May 3; Chichester’s of May 4, enclosing Hart’s and Baker’s own narratives; Newes from Ireland, concerning the late treacherous action, &c., London, 1608; O’Sullivan Bere ut sup.; Four Masters, 1608.

49

Ridgeway’s Journal, June 30, and his letter to Salisbury of July 3. O’Sullivan, Compendium, Lib. i. cap. 5.

50

Chichester to the Privy Council, July 6, and the proclamation dated next day; Four Masters, 1608, with O’Donovan’s notes; Sir Donnell O’Cahan to his brother Manus (from the Tower), June 1, 1610. Manus gave the letter to Chichester.

51

Davies to Salisbury, August 5, 1608; Chichester to the Privy Council, September 12.

52

Chichester to the Privy Council, September 12 and 17, the latter enclosing Ffolliott’s narrative.

53

Davies on the juries, State Papers, Ireland, 1608, No. 801; his and Chichester’s accounts of the trial, June 27 and July 4, 1609; abstract of evidence calendared at October 1609, No. 514; Letter to Bishop Montgomery from Ineen Duive, Hugh O’Donnell’s mother and Tyrconnel’s aunt, printed from Carte MSS. in O’Donovan’s Four Masters, 2364.

54

Docwra’s Narration, 283. Francis O’Cahan’s petition calendared with the papers of 1649, p. 278, but evidently of a much earlier date. Hill’s Ulster Plantation, 61, 235.

55

Le Case de Gavelkind, 3 Jac., and Le Case de Tanistry, 5 Jac., in Davies’ reports, 1628.

56

A Ballyboe varied from sixty to 120 acres, and a Ballybetagh was about 1,000. An introduction to the very large and complicated question of Celtic tenures may be had through Maine’s Early History of Institutions and Joyce’s Social History of Ancient Ireland, 1903.

57

Fenton to Salisbury, September 9, 1607; Chichester to same, September 17; St. John to same, October 9; Salisbury to Chichester and Privy Council to same, September 27.

58

Chichester to Salisbury, October 2, 1605; to the King, October 31, 1610. Bacon to Davies, October 23, 1607, in Spedding’s Life, iv. 5, and his ‘Considerations touching the plantation of Ireland, presented to the King’ on January 1, 1608-9, ib. pp. 123-125.

59

Hill’s Montgomery MSS., p. 19.

60

Letters of Mrs. Susan Montgomery (née Stayning) in Part III. of Trevelyan Papers (Camden Society), May 20, 1605; August 21, 1606; October 8, 1606 (from Derry). Bishop Montgomery’s letter of February 16, 1614, ib.

61

The King to Chichester, May 2, 1606; Bishop Montgomery to Salisbury, July 1, 1607; Chichester to Salisbury, January 26, 1607; Tyrone’s petition calendared at 1606 No. 89 with the references there; Davies to Salisbury, August 28, 1609; Todd’s St. Patrick, p. 160. The speculations of Ussher and Ware on this subject are obsolete.

62

Davies to Salisbury, August 5, 1608.

63

Instructions to Ley and Davies, October 14, 1608; Chichester to the King, October 15, and to Salisbury, October 18; Project of the Committee for the plantation of Tyrone, December 20.

64

‘Orders and Conditions of Plantation,’ printed in Harris’s Hibernica, p. 63, and in Hill’s Plantation in Ulster, p. 78. Project for the Plantation in Carew, dated January 23, 1608, but evidently belonging to 1608-9; it does for the other escheated counties what was done for Tyrone only in the MS. dated December 20, 1608.

65

Chichester to the Privy Council, March 10, 1609, and to Davies, March 31.

66

The Commission is calendared at July 19, 1609, and printed in Harris’s Hibernica, and by Hill. Davies to Salisbury, August 28, 1609.

67

The ‘Project,’ dated January 23, 1608-9, is printed in Carew, vi. 13, in Harris’s Hibernica, 53, and in Hill’s Plantation of Ulster, 90. The passages concerning Lord Audley and his family are collected by Hill.

68

The negotiations are detailed in Hill’s Plantation. Instructions to Sir John Bourchier, May 1611.

69

Chichester to Cecil, June 8, 1604; Phillips to Salisbury, May 10, 1608, September 24, 1609; Chichester to Salisbury, April 7, 1609. A tolerable understanding of the Ulster settlement generally, and of the Londoners in particular, may be arrived at through Hill’s Plantation in Ulster, 1877, and J. C. Beresford’s Concise View of the Irish Society, 1842.

70

Davies to Salisbury, September 24, 1610. A more elaborate version, intended probably for private circulation, is printed from a Harleian MS. in Davies’ Tracts and dated November 8. Same to same, January 21, 1610-11. B. Rich’s New Description of Ireland, London, 1610, dedicated to Salisbury.

71

Chichester to Salisbury, November 1610 (No. 915 in Cal.); the King to Lord Chichester, June 5, 1614.

72

Chichester to the King and to Northampton, October 31, 1610; Davies to Salisbury, September 24. The instructions to Carew with the King’s letter to Chichester, Clanricarde, and Thomond are all in Carew, June 24, 1611.

73

Diary of Lord Carew’s journey in 1611 in Carew, No. 126; ib. No. 156; Carew to Salisbury, September 6, 1611.

74

Blenerhasset’s ‘Direction for the Plantation of Ulster’, 1610, is reprinted in Contemporary History, i. 317.

75

The Ulster muster-roll printed in Contemp. Hist., i. 332 from Add. MS. 4770, mentions the Earldom of Fingal, which was not created till 1628. Directions to the Lord Deputy, 1626, No. 521. Lord Conway to the Lord Treasurer, January 4, 1628.

76

The King to Chichester, March 25, 1615; Pynnar’s Survey, 1618-19, printed by Hill and in Harris’s Hibernica; Bacon’s speech in 1617 in Spedding’s Life, vi. 206.

77

Brief return of the 1822 survey in Sloane MS. 4756.

78

Proclamation of December 13, 1627, in the Irish R.O.

79

The last volume of Russell’s and Prendergast’s Calendar passim, especially T. Raven to Phillips, June 24, 1621; Survey of the Londoners’ Plantation, August 10 to October 10, 1622; Phillips’s petition to the King, July 6, 1624, and his proposed remedies, September 24.

80

Three papers among the Carew MSS. for 1611 calendared as Nos. 130, 131, and 132.

81

Nicoll’s Progresses of King James, ii. 733, where Chamberlain’s letter to Carleton is dated January 5, 1513-14.

82

Davies’s Discovery, 1613. It appears, however, from his letter to Salisbury, December 1, 1603, that Chief Baron Pelham held the first assize in Donegal without his help, and before his arrival in Ireland. The contemporary letter must prevail against the treatise written ten years later.

83

Davies to Cecil, April 19, 1604.

84

Davies to Salisbury, December 8, 1604 and May 4, 1606.

85

Davies to Salisbury, May 4, 1606; Brouncker’s letter of September 12, 1606.

86

Davies to Salisbury, May 4, 1606; Brouncker’s letter of September 12, 1606.

87

Davies to Salisbury, written at Waterford in September 1606, and printed in Davies’s Tracts.

88

Davies to Salisbury, November 12, 1606.

89

Davies to Salisbury, August 7 and December 11, 1607.

90

The King to Chichester, April 26, 1611, sent by Knox and delivered June 15; Lords of the Council to Chichester, April 30; Bishop Knox to Abbot, July 4; Report by Chichester and Archbishop Jones, October 7. O’Sullivan has a full account of Knox’s proceedings, violent in tone but not substantially disagreeing with the official correspondence. He says the Catholics were bound to place in all parish churches at their own expense ‘biblias corruptæ, mendosæque versionis in vulgarem sermonem traductas.’ —Compendium, 221.

91

Jacob, S. G., to Salisbury, October 18, 1609; Davies to same, October 19; Chichester to same, October 31; Captain Lichfield to same, December 31, Lords of the Council to Chichester, June 8, 1610; Richard Morres (‘a poor soldier to my lord’) to Salisbury, 1611, No. 353; Note of Lord Chichester’s services calendared at May 1614, No. 825; Vice-Treasurer Ridgeway’s minute, August 1615, No. 166; Lord Esmond to Dorchester, June 20, 1631. Court and Times of Charles I., ii. 135. For the Polish element in the matter see the State Papers, Ireland, calendared at September 29, 1619, August 1621, No. 773, and June 17, 1624.

92

Chichester to Devonshire, January 2, 1606; to Salisbury, April 13, 1608.

93

Wilmot’s letter, January 16, 1606; Chichester to the Council, July 16, 1607; Lords of Council to Chichester, March 8, 1608, and his answer, March 30; Chief Baron Winch to Chichester, April 2; Council to Chichester, April 27, 1609; Chichester to Salisbury, July 19, 1610; to Salisbury and Nottingham, September 21; Council to Chichester, July 31.

94

Lords of Council to Chichester, March 8, 1608, and his answer, March 30; James Salmon (afterwards first Provost of Baltimore) to Thomas Crooke, June 23; Danvers to Salisbury, November 20, enclosing the letter from Bishop Lyon and others; Privy Council to Danvers, November 20; Liber Munerum Publicorum, vii. 50, where Crooke is described as ‘armiger in legibus eruditus.’

95

Danvers to the Council, January 19, 1609; Sir R. Moryson to Salisbury, August 22; Henry Pepwell to Salisbury, August 22; Chichester to Salisbury and Nottingham, September 21, 1610; Captain Henry Skipwith (deputy vice-admiral) to Chichester, July 25, 1611; Roger Myddleton to Salisbury, August 23; Petition of Robert Bell to the King, July 1616, No. 277; Skipwith to Sir Dudley Carleton, August 24; St. John to Winwood, April 4, 1617, in Buccleuch Papers, Hist. MSS. Comm. Leamcon is now the name of a house and watch-tower opposite Long Island, but in the time of James I. it was given to the whole of the sheltered water between Castle Point and Schull Harbour.

96

Danvers to the Privy Council, January 19, 1609, and to Salisbury, February 24; Chichester’s letters of February 5 and April 7; the Council to Chichester, April 27; Chichester to Salisbury, Northampton, and Nottingham, April 11, 1611.

97

Chichester’s letters of January 29 and June 27, 1610, Desiderata Curiosa Hibernica, i. 206, 314; Lords of the Council to Chichester, September 9, 1611, January 31, and November 18, 1612; Lord Carew to Salisbury, September 6, 1611. The international importance of the pirates will be best understood from the early chapters of Mr. Julian Corbett’s England in the Mediterranean.

98

Instructions for Carew, June 24, 1611, in Carew Papers; Chichester to Salisbury, February 17, 1611; Lords of Council to Chichester, March 7, 1613; King to same, March 21; Lords of Council to same, October 9, 1612.

99

List of Perrott’s Parliament in Tracts Relating to Ireland, ii. 139; List of the Parliament of 1613 in Liber mun. pub. Hiberniæ, vii. 50; Remembrances touching the Parliament, No. 93 in vol. v. of Carew Papers; as to Connaught and Munster, ib., Nos. 92, 87; Calculations as to the votes of the nobility, ib. 86; Brief Relation of the Passages in Parliament (part in Carew’s hand), ib. 149. Counties and boroughs sending burgesses to Parliament in State Papers, Ireland, April 1, 1613. A letter written in 1612 by David Kearney, Archbishop of Cashel, and others, to the Irish seminaries in Spain, says, ‘What keeps everyone in a state of intense suspense is the fear of the approaching Parliament, in which the heretics intend to vomit out all their poison and infect with it the purity of our holy religion, and it is expected that things will take place in it such as have not been seen since the schism of Henry VIII. began.’ —Spicilegium Ossoriense, i. 122.

100

Carew’s Remembrances to be thought of touching the Parliament in Carew Papers, 1611, No. 93; Davies to Salisbury, October 14, 1611, State Papers, Ireland; The King to Chichester, June 2 and September 26, 1612, in Cal. of State Papers, Ireland; Brief Relation, etc., in Carew Papers, 1613, No. 149.

101

Letter of Lords Gormanston, Slane, Killeen, Trimleston, Dunsany, and Louth to the King, November 25, 1612, printed in Leland, ii. 443; the King to Chichester, March 4 and 31, 1613, in Cal. of State Papers, Ireland.

102

Petition of May 18, 1613, with Chichester’s answer in Carew Papers. The signatories are Lords Gormanston, Fermoy, Mountgarrett, Buttevant, Delvin, Slane, Trimleston, Louth, Dunboyne, and Cahir. The names of Lords Killeen and Dunsany, who signed the first letter, are absent, but the former was active later.

103

Narratives in Carew Papers, 1613, Nos. 146, 147, 149, the last paper being a detailed account signed by forty-one Protestant members. Dr. Ryves to Dr. Dunn, May 29, in Cal. of State Papers, Ireland. St. John had been active in the English Parliament of 1593, and was M.P. for Portsmouth 1604-1607.

104

Narratives ut sup. Davies’s first speech is given in Grosart’s edition of his Prose Works, ii. 218 (Private Circulation, 1876); the other in Davies’s Tracts, 1787, from a copy in the British Museum, formerly in Clarendon’s possession, compared with one in the Commons Journal, printed by Leland as an appendix. Both speeches are printed in Desiderata Curiosa Hibernica. Davies was well versed in English history and legal antiquities, but he confounds the ‘Parlement’ of Paris with the States General.

105

Petitions and declarations by the Recusants in Parliament calendared in State Papers, Ireland, May 17-27, 1613; Lord Deputy and Council to the King, ib. No. 685; the King to Chichester, ib. July 8.

106

The instructions to the Commissioners are in Desiderata Curiosa Hibernica, omitting the first two which are now supplied by Irish Cal., 1613, No. 781. Bacon to the King, January 1614, in Spedding, v. 2; The King to Chichester, September 1613, Cal. No. 759.

107

Schedule of returns in Irish Cal., May 31, 1613, with the Commissioners’ awards at November 12, also printed in Desiderata Curiosa Hibernica. The other disputed county elections were in Armagh, Cavan, Down, King’s County, Limerick, and Roscommon.

108

Schedule ut sup.

109

Schedule ut sup.

110

The petition is in Desiderata Curiosa Hibernica, i. 212, the names and constituencies in Cal. of State Papers, Ireland, 1613, No. 692. Irish Statutes, 18 Edw. IV. cap. 2, 33 Henry VIII. sess. 2, cap. 1. Hallam’s Constitutional History, chap. xiii.

111

Instructions to Thomond, Denham and St. John, June 6, 1613 in Desiderata Curiosa Hibernica, i. 208 (misprinted 280).

112

Desiderata Curiosa Hibernica, i. 231, 233; Barnewall’s letters, ib. 164; for Talbot, ib. 231, 234, 236, 321, and Irish Cal. 1614, Nos. 852 and 969.

113

Complaints of Recusants with Chichester’s answer, 1613, No. 709.

114

Desiderata Curiosa Hibernica, i. 369; Irish Statutes, 10 and 11 Car. I. cap. 15; Dineley’s Voyage in 1681, p. 162; Confederation and War, v. 299. Cornwallis to Northampton, October 22, 1613, as to ‘what great sums of money have been drawn out of the supposed commiseration of the hinder parts of these poor Irish garrans.’ Ulster Journal of Archæology, vi. 212. Uvedale ultimately surrendered his grant for 1,250l., Cal., March 15, 1625. Cæsar Otway’s Erris and Tyrawly (1841), p. 358.