The LO. DEPUTY'S INSTRUCTIONS sent into England to the Lords of the Privy Council...

1. First, to acquaint the Lls. that for the year past we committed the collection of the customs to the corporate towns, as by them was thought fitting, who have not returned us an accompt of one penny. Whereupon we thought fit to license Chettom and Long to take the benefit of their lease, the better to bring it into use and charge. And, albeit, they make profer of the collection for this year to the corporations themselves as their substitutes, yet they seek further easement from us and from their Lps. by their agents. If they be not further heard nor borne withal, I think they will, without further opposition, yield unto the payment of what is adjudged against them upon their last hearing there.

Answer.--To the first article concerning customs, we think your Lps. have taken a good course; only this advice we would add, that those which have the lease may hold it, only as accomptants, until some other order be taken; and for any suit that may be made unto the King here or unto us for easement, you may rest assured we will not alter anything until we hear from you what is resolved upon the return of the Lo. Carewe.

2. To declare that I have caused an exact view to be taken of the house at Killmanham, and appraisement of the materials to be made by skilful men, which amounteth not to 300l., leaving the stable, a garden, and the walls of the garden standing.

A.--The Lo. Carew is directed to view this place, and upon conference with you to advertise what is necessary to be done.

3. That according to the contents of the King's letters of the 29th March, I caused view to be taken of the castle of Dublin and gaol within the same, which for the ordinary prisoners, by the said letters, was to be removed into some other place within the city, and that within the castle to be reserved for the restraint of principal persons offending, and to be separated from the Deputy's lodgings and the King's store of munition. I sent an estimate of the charge at that time, which, with the repairing of the lodging within the castle, will amount unto 1,200l. English, besides the materials of the house of Killmanham.

A.--The gaol is to be built by the country; and for that which is to be done with the castle the estimate seemeth very high, seeing there is no purpose to do anything but that which is necessary, especially the castle being freed of the ordinary prisoners and courts of justice.

4. By the letters of the 12th of April 1608, I was directed to finish certain forts begun by the Earl of Devon when Lo. Deputy. The estimate of the charge of the works, and erection of some small forts in places requiring them, amounted to 9,500l., whereof 5,000l. was sent hither, all which hath been received by Sir Josias Bodley, and is expended on the works of the forts of Duncanon, Halebouling, Castle Park, Galloway, and the castle of Limmericke, and they not yet finished, neither can be without further imprest. It is necessary they be perfected, for they are of special moment. For finishing them and sundry other works of great importance (of which the forts of Phillipstoune and Marieborough are the principal) I demand but 2,000l., and so this castle and the rest will be done for 8,000l.

A.--We know the forts are not all of the same importance; such as are of less consequence may well attend the perfecting of those that are more needful, whereby the sum demanded will be so much the less; whatsoever it be, we must, for the present, refer you in that case to your own best means of borrowing money. If there be no surplusage in the hands of the Treasurer upon the revenue, we have reason to expect so much as may answer the occasion, seeing his Majesty hath paid three thousand pounds due for extraordinaries, and hath delivered to the Treasurer's deputy the sum of thirteen thousand pounds, whereof we send in company of Lo. Carew nine thousand pounds in specie, and the rest in payment of bills demanded by the Treasurer's agents, so as Ireland is supplied until Midsummer-day.

5. That they resolve victualling the forts for three or four months beforehand, according to my project sent by Mr. Treasurer, to which the Lord Treasurer gave allowance, and thought it necessary, especially in Ulster, where, by reason of the natives removing, the soldier can hardly get meat for his money.

A.--This is answered already in a despatch sent by Sir Oliver Lambert.

6. That they will appoint some one to take view of the timber woods, and make choice of such as be convenient for the King's service. For the restraint of making profit of men's own timbers is grievous to the Lls. of great woods, and many others who have dealt with them for the sale of the timber, in which I crave an absolute direction, for I find it almost impossible to restrain the making and working of the timber into pipestaves without seizing on them when they are brought to the port towns, which will beget much offence.

A.--Concerning the matter of timber, Lo. Carew is directed to confer with the Lo. Deputy about it, and upon advertisement hither, such resolution shall be taken as thought meet.

7. To acquaint them with the proceedings of the undertakers, who have yet done little, only they provide materials of timber, lime, and stone in some places.

A.--The undertaker may be called to answer why he hath not performed the 8th article of the plantation, and the order enjoined him by the King's proclamation. And what advantage is to be taken against any of them, by way of forfeiture of bonds, they being first heard what they can say for their excuse, we leave to the discretion of your Lp. and the Council.

8. Those that are here seek to hold the natives for their tenants, and give them such hopes that we shall hardly remove them without force.

A.--Your Lp. and Council are to hold the undertakers to the performance of the articles; and, if any of them hath encouraged the natives, or contracted with them to stay upon their lands where, by the articles, they ought not, they are to be punished at your discretion. And in case the natives contest against the will of the undertakers, you are directed what to do in an answer to a proposition lately sent by Sir Oliver Lambert.

9. That they demand as well the rent due at Michaelmas last as at Easter. If they have the Michaelmas rent, then it must be repaid by the King, for it was collected to his use and paid over to the Treasurer before most of them came over.

A.--The rents already paid by the Irish at Michaelmas last being received by the King, are not to be redelivered to the undertakers, in respect they have neglected the plantation and not been there to receive the profits.

10. That the Londoners go well on with the works at Colrayne, and do little at the Derrie.

A.--The Londoners may be spared building houses at the Derry this year, if they fulfil these conditions;

That they perform all their buildings and contract at Colrayne. That they proceed with their provision and preparation of materials at the Derrie. That they fortify the Derrie, so as the subjects may be in safety this winter.

11. That there are sundry disputes between the undertakers and other patentees, especially in the county of Cavan, for the same parcels of land passed in their several patents, and to compose those differences, we find no other way but either for the undertaker to forego those parcels and to have his rent abated accordingly, which they will not yield unto, or to buy them from the patentee, which will be chargeable to the King.

A.--Touching letters patent granted before the publication of the articles of the plantation, those lands which lie within the precinct of any undertaker in such sort, as either in respect of the situation or quantity they are most prejudicial unto him;--in that case you are to deal with the patentee by way of composition, and conclude with him either for some like portion of land in the uttermost parts of the said undertakers proportion, if any overplus of measure may be found.

Touching patents of omissions and concealments granted within any precinct since the publication of the articles, the patents are to be repealed, and the lands resumed to the use of the undertaker, according to our advice sent in the dispatch by Sir Oliver Lambert.

12. That experience tells the undertaker that it will be almost impossible for them to perform the work they have undertaken, if the natives be removed according to the general project, for when they are gone there will be neither victuals nor carriage within 20 miles, and in some counties more. Therefore, I hold my first proposition, that to remove the principal men the first year and the inferior tenants one year after, as the plantation shall increase, so as it be done within three or four years, will be best.

A.--We are of opinion that, notwithstanding former instructions for the removal of the natives from the lands of the plantation, the swordmen be removed as conveniently as may be, who may have leave to carry such followers as may be encouraged to be removed with them, such labourers of the natives as the undertakers are willing to have moved for clearing lands for British families; but such other natives as the undertakers desire to keep for this year, you may tolerate for this year, only without expectation of further favour.

Signed: Tho. Elsmere, Canc.; R. Salisburie; Lenox; T. Suffolk; Gilb. Shrewsbury; F. Worcester; W. Knollys; Fenton; Jul. Cæsar.

Ext.--G. Calvert.

Endorsed in Carew's handwriting. The L. Dep. instructions, sent to the Lls. of the Council by Sir John Bourchier with their answers, returned by the Lo. Carew into Ireland 13 July 1611.

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