No. 20STUDIA HIBERNICA

1980

The Commission of 1609Legal Aspects

F.W.HARRIS

While the planning and organisation of the plantation of Ulster inthe reign of James I took place both in London and Dublin, itsimplementation resulted directly from the work done in the field bythe three commissions of 1608, 1609 and 1610. It had been initiallyhoped that the plantation would be inaugurated following the first ofthese commissions, but the failure in 1608 to obtain a cartographicalsurvey of the escheated and forfeited territories proved to be a glaringdefect which would have to be remedied if the problems of the earlierplantation in Munster were to be avoided. To this deficiency wereadded the complaints and criticisms of the undertakers regarding thedifficulty of the conditions for settlement, the waning interest of theservitors caused by their dissatisfaction with the proposed method ofdistributing proportions by lot rather than by choice, the growingfearcaused by the circulation of rumours that the earl of Tyrone waspreparing to return to Ulster at the head of an invasion force whichresulted in 'no small discouragement of the plantation,' as well as theneed to distinguish and separate the church lands which were 'inter-mixed with the escheated lands.' After taking stock of such consider-ations it was decided by the government that the only feasible coursewas to delay the plantation for a year - that is, to postpone it to 1610- and use the intervening summer of 1609 to correct the shortcomingsof the first commission. In fact, the commission of 1609 was to havethe three-fold duty of determining precisely what lands in Ulsterhad come to the crown by attainder, as well as surveying, plottingout and dividing such lands into proportions, and lastly hearing andsettling the merits of all claimed titles. 'For the furtherance andspeeding of the said plantation' great latitude was to be given thecommissioners in their powers to handle all matters arising on thespot. Within certain restrictions as outlined by the instructions forthe project the commission was given carte blanche in an attempt

32 F.W. HARRIS

to get the plantation started.1The king's letter of direction authorising the commission of 1609

was received by Lord Deputy Chichester on 16 July and within fivedays of its receipt Attorney General Sir John Davieshad drafted thenecessary document giving authority to the new commission andChichester, together with Sir Thomas Ridgeway (the treasurer), SirRichard Wingfield(marshal of the king's military forces in Ireland) andothers of the Dublin administration, supported by a substantial armedguard, had departed from Dublin. Davies,Sir Humphrey Wincheof theKing's Bench, Lord Chancellor Thomas Jones (who was also archbishopof Dublin) and a few others comprised a later second party whichrendezvoused with the first at Dundalk at the beginning of August.2

Reasons for Deferring the Plantation, [n.d.) May 1609 (Calendar of the StatePapers, ... Ireland (hereinafter CSP/) , 1608-1610 (London 1874) 211-12): Davies toSalisbury, 10 June 1609 (Public Record Office, London, State Papers (hereinafterPRO, SP) 63/227/85;CSP!, 1608-1610, p.214);KingJames toChichester,30June1609 (CSP!, 1608·1610, pp. 236-7; Calendar of the Carew Manuscripts (herein-after CCM), ... 1603-1624 (London 1873) 43); Instructions for the Commissioners,30 June 1609 (CSP!, 1608-1610, pp. 237-8; CCM, 1603·1624, pp. 44-8; G. Hill,An historical account of the Plantation in Ulster ..., 1608-1620 (Belfast 1877)124-32; W. Harris, Hibernica ... (Dublin, 1747) 70-72; Inquisitionum in OfficioRotulorum Cancellariae Hiberniae asservatarum, Repertorium (hereinafter InqOff Rot Cane) ii (Dublin 1829) appendix (second item); Irish Patent Rolls ofJames I (hereinafter IPR) ... (Dublin 1966) cited on p. 374). For earlier instructionssee CSPI, 1608-1610, pp. 1814 where they are tentatively dated as of March1609; Analecta Hibernica viii (March 1938) cited on p. 245 where they are dated16 March 1609. See also T.W. Moody, The Londonderry Plantation, 160941... (Belfast 1939) 35-6; D.B. Quinn, "The Munster Plantation: problems andopportunities" in the Journal of the Cork Historical and Archaelogical Societylxxi (1966) 1940.

Z Commission of Enquiry, 21 July 1609 [sometimes given 19 July 1609)(Inq Off Rot Cane, ii, appendix (first item); Hill, Historical account of thePlantation, pp. 1224 (dated 19 July on p. 121 and 21 July on p. 124); Harris,Hibernica, pp.68-9 (year only); CSP!, 1608-1610, pp. 255-6 (19 July); IPR,cited on p. 374 (21 July»; Davis to Salisbury, 10 June and 20 July 1609 (PRO,SP 63/227/85 and 106; CSPI, 1608-1610, p. 214, 256-7);King James to Chichester,30 June 1609 (CSPI,1608-1610,pp. 236-7); Chichester to Salisbury,18July 1609and abstract thereof (CSP!, 1608-1610, pp. 253-5); Relation of the Proceedings(written by Winche), 30 Sept. 1609 (CSP!, 1608-1610, p.293). The commissionof enquiry was prepared by Davies on the 19th, for on the following day he wroteto inform Salisbury that he had "opportunity to send a copy." That of 19 Julyis therefore a preliminary draft, while the one taken by Chichester was the formalcommission and dated the day of his departure from Dublin on 21 July. Theendorsement on it that the king's letter of 30 June was received on 26 July shouldbe compared with Chichester's comment that it was received on the 16th. Forremarks on the strength of the military escort which accompanied the commission-ers see W.H. Hardinge, "Observations on the earliest known manuscript censusreturns of the people of Ireland" in Transactions of the Royal Irish Academy(hereinafter Trans RIA) xxiv (1873-74) 317-18.

THE COMMISSIONOF 1609 33

On 7 August the great caravan of the commission arrived at the townof Armagh and remained there until the twelfth, the date of the inquisi-tion for the county of Armagh, but the work of making the cartograph-ical survey had begun on the third. The county had been comparativelypeaceful since the tumult of O'Dogherty's rebellion the previous year.Therefore, few criminals were on hand to be brought before the assizeswhich prompted Davies to note that the native inhabitants' of Armaghwere 'observed to be more fearful of the laws in time of peace than hisMajesty's other civil subjects are,' though in times of rebellion 'theybreak all laws human and divine, in a more outrageous manner than anyother nation whatsoever.' After determining the geographic boundsand limits of Armagh town and the demesne lands of the primate arch-bishop of Armagh, the jury of inquisition turned its attention to thechurch-related termon and erenagh lands which they declared to beoutside of the ecclesiastical demesnes. These and the galloglass countryin the barony of Armagh were accordingly claimed by Davies to havebeen resumed to the crown by the act of 11 Elizabeth (1569) whichhad attainted Shane O'Neill, while most of the remaining lands hadbeen forfeited by the attainder of the earl of Tyrone as a result of histreasonable flight to the Continent in 1607.3

From Armagh town the commissioners crossed into Tyrone by wayof Charlemont on the Blackwater (see map, p. 40) and encamped nearDungannon on 13 August. The drill begun in Armagh of holding assizes,taking an inquisition, and making a cartographical survey was repeated,but the survey ran into unexpected difficulties because of some name

3 Relation of the Proceedings, 30 Sept. 1609; Abstract of His Majesty'sTitle (Armagh), [n.d., calendared in 1610] (CSPI, 1608-1610, pp. 293-4,553-8);Davies to [Salisbury], 10 August 1609 (Hatfield House, Hertfordshire, Salisbury(Cecil) Manuscripts (hereinafter Salisbury (Cecil) MSS) 127/126; HistoricalManuscripts Commission, Calendar of the Manuscripts of the Most Honourablethe Marquess of Salisbury (hereinafter HMC, Salisbury) ... (London 1970),xxi, pp. 117-18); Inquisition at Armagh, 12 August 1609 (lnq Off Rot Cane, il,appendix (I Armagh); IPR, pp. 374-5); Hill, Historical account of the Plantation,pp. 155-9 (Hill incorrectly dates the inquisition as Friday the 12th, but in theJulian calendar (Old Style) 12 August was a Saturday. There are a number ofother such instances in which Hill incorrectly matches the day and the date.);An Act for the Attainder of Shane O'Neill, 11 Elizabeth (1569), s. 3, c. 1 [Rot. •ParI. c. 9] (J.G. Butler, The Statutes at Large ... Ireland (Dublin 1786).\.322-38; ;-"abstracted in J.T. Gilbert, A contemporary history of affairs in Ireland (Dublin ,1879)l..1, appendix III,pp. 302-304). See also J.H. Andrews, "The maps of the )A.)escheated counties of Ulster, 1609-10" in Proceedings of the Royal Irisn Academy(hereinafter Proc RIA) lxxiv, Section C, no. 4 (1974) 146; R.J. Hunter, "TheUlster Plantation in the Counties of Armagh and Cavan, 1608-41" (unpublishedM.Litt. thesis, Trinity College, Dublin 1969) 25-6.

34 F.W. HARRIS

changes and redistribution within certain areas. The assizes, begun theday of arrival and concluded on the twenty-third, went smoothly andcaused Davies to comment that the despatch "of justice here ministersno matter of advertisement." The findingsof the inquisition armouncedat Dungarmon the same day that the assizes were completed were almostidentical to those of Armagh. The erenagh lands were declared to be "theinheritance of the tenants thereof' and therefore the king's to disposeof by virtue of the act of 11 Elizabeth. With one minor exception all ofthe temporal lands were found by the jury to be vested in the crown bythe recent attainder of the earl of Tyrone and the act of 11 Elizabeth.4

Early on the morning of 24 August the commissioners, minustwo surveyors and a military escort who had been sent on ahead,began their march into Coleraine and arrived at Lirnavady three dayslater after having been delayed by foul weather while travelling throughthe forest of Glenconkeyne. The surveying and mapping were"performed well and readily" and a surprisingly large number ofprisoners were brought to trial at the assizes. However, becauseChichester plarmed to use them as part of the troop consignmentbound for military service in Sweden there were no executions followingconviction. While in Coleraine the representatives of the City ofLondon caught up with the commissioners who, because the successof the plantation may have hinged on the City's participation,immediately set about using what Davies described as their "bestrehtoric" in an attempt to persuade them into the task. The inquisition,taken at Lirnavady and dated the thirtieth, greatly paralled those ofArmagh and Tyrone in that the erenagh lands were again found to beoutside the demenses of the bishop and consequently forfeited to thecrown in accordance with the act of 11 Elizabeth. 5

4 Relation of the Proceedings, 30 Sept. 1609; Abstract of His Majesty'sTitle (Tyrone), [n.d., calendared in 1610] (CSPI, 1608-1610,pp. 294, 559-61);Daviesto Salisbury, 24 August 1609 (Salisbury (Cecil) MSS 127/133; HMC,Salisbury, xxi, p. 121); Inquisition at Dungannon, 23 August 1609 (Inq OffRot Cane, ii, appendix (II Tyrone); IPR, pp. 375-8); Hill, Historical account ofthe Plantation, pp. 159-65. See also Bodley to Salisbury, 24 Feb. 1610 (CSP!,1608-1610, pp. 392-3); and for an examination of the manner in which thesurvey and mapping was accomplished see Andrews, "Maps of the escheatedcounties" in Proc RIA, lxxiv, pp. 14047.

5 Davies to Salisbury, 28 August 1609 (PRO, SP 63/227/122; CSP!, 1608-1610,pp.280-81); Chichester to Salisbury, 18 Sept. 1609; Relation of the Proceed-ings, 30 Sept. 1609; Abstract of His Majesty's Title (Coleraine), [n.d., calendaredin 1610] (CSP!, 1608-1610, pp. 286, 294, 562-5); Inquisition at Limavady, 30August 1609 (Inq Off Rot Cane, ii, appendix (III Coleraine); IPR, pp. 378-9);Hill, Historical account of the Plantation, pp. 166-71.

THE COMMISSION OF 1609 35

Becauseof its importance to the proposed involvement in the planta-tion by the City of London the next stop was to be at Derry. Thoughthe weather continued foul, good time was made in travelling fromLimavady where all business was concluded on the last day of August.The law sessionsbegan the next day in what Daviescalled "the ruinedcitty of the Derry" (not yet recovered from its fall to O'Dogherty) aswas the inquisition which was completed the day it was begun. Withthe main party remaining at Derry, Chichester despatched a team ofsurveyors into Tyrconnell while he and Ridgeway rode north to viewthe lands of Inishowen which the king had recently granted to SirArthur (for Chichester's tour of inspection, see map p. 40). As before,the Derry inquisition found that the erenagh lands were not episcopaldemesnes and, while he allowed for both the bishop and dean ofDerry to hold their lands on the island, Daviesdeclared that as Derrywas anciently part of Tyrconnell the erenagh lands thereof formedpart of the grant of the earldom of Tyrconnell which stood forfeitedto the crown by that earl's attainder. Furthermore, those lands of Derrywhich were part of Inishowen had been forfeited by O'Dogherty'sdeath in rebellion and had since been passed to Chichester by letterspatent from the king and similarly those lands across the river Foyle inO'Cahan's country in Coleraine fell under the act of 11 Elizabeth. TheDerry assizesproduced little that was newsworthy according to Davies,except for the first noted instance of an execution. Appearing in apostscript of his letter to Salisbury written at Derry on 4 September,Sir John would seem almost to have overlooked mentioning thisexecution of a friar convicted of involvement in O'Dogherty's rebellion.6(Unfortunately, this letter was itself overlooked by the editors of theIrish calendar and is herewith givenin full on pp. "52 - 55.)

The journey to Lifford was begun on the fourth and Chichester,back from Inishowen, arrived to meet Daviesand the other commission-ers there the next day. Assizeswere begun on the seventh and thosewho claimed title to lands in Tyrconnell were heard on the tenth.Claimants included some merchants from the Pale who had madepurchases of land from the earl of Tyrconnell, native men who believed

6 Davies to Salisbury, 4 Sept. 1609 (PRO, SP 63/227/124;noted in Andrews,"Maps of the Escheated Counties" in Proc RIA lxxiv, n. 56 on p. 146 as havingbeen overlooked by the editors of the Irish calendar and published for the firsttime at pp. 52 -55 below); Relation of the Proceedings, 30 Sept. 1609; Abstractof His Majesty's Title (Derry), [n.d., calendared in 1610] (CSPI, 1608-1610,pp. 294,565-9); Inquisition at Derry, 1 Sept. 1609 (Inq Off Rot Cane, ii, appendix(IV Derry); IPR, pp. 379-80); Hill, Historical account of the Plantation, pp.171-2.

36 F.W. HARRIS

that their long and continued possession afforded them a just title,and three native women who claimed "jointures and dowers" fromtheir deceased husbands. Davies,however, was quick to point out thatin their own Brehon law no Irish' woman could have such rights ofinheritance. The other claims he confidently expressed to be ''voyd orvoydable in our law." Those who claimed title to lands in Tyrconnellthus found themselves"left entirely to His Majesty's grace and bounty"or, in other words, unless there was sufficient reason to act otherwiseall such claims would be overlooked. Cases which could not easilybe put asidewould be forwarded to London for solution. Alternatively,and as a possible added precaution, Davies, with himself in mind,suggested that someone "of our robe" could accompany these casestoLondon in order better "to givesatisfaction in every point" to the kingand his advisors. The inquisition for Tyrconnell was dated 12 Sept-ember and the fmdings varied little from the earlier ones. Of theerenaghs and their lands, "inherited ... according to the Irish customs oftanistry and gavelkind," Davies concluded that "the inheritors thereofcannot make any title thereunto against the said letters patent [whichcreated the earldom of Tyrconnell], because they have no estate bythe due course of His Majesty's laws." Thus where natives asked forprotection under English law not afforded to them by Brehon law thenative law was to be in effect, at least to the degree that they were notto be permitted to receive what was generally considered to be routinein common law. When native claims were based upon their own lawsthen the opposite application was to be made. For native claimantsit was an impossible situation which they could not overcome. Of themajor areas of land specifically exempted from the patent for theearldom, Sir Cahir O'Dogherty's country of Inishowen was forfeitedto the crown by his death in rebellion and the lands possessedby NeillGarve O'Donnell, in custody since the previous summer, had neverbeen granted to him by letters patent.7

7 Relation of the Proceedings, 30 Sept. 1609 (CSP!, 1608-1610, p. 294);Davies to Salisbury, 12 Sept. 1609 (PRO, SP 63/227/125; CSP!, 1608-1610,pp. 282-3. It is likely that by "His Majesty's grace and bounty" Davies wasimplying that the Pale merchants might be considered for grants under the schemefor the plantation. This would apparently have required that such persons beconformable in religion; that is, that they be Protestant. Native claims couldpresent problems, but if they were handled individually and adroitly they mightbe smoothed over quickly and expeditiously.); Inquisition at Lifford, 12 Sept.1609 (Inq Off Rot Cane, ii, appendix (V Donegal); IPR, pp. 380-3); Hill,Historicalaccount of the Plantation, pp. 173-8; Abstract of His.Majesty's Title (Tyrconnell,cited as Donegal), [n.d., calendared in 1610] (CSPI, 1608-1610, pp. 569-73). See

THE COMMISSIONOF 1609 37

The short journey to Fermanagh was begun on 13 September andcompleted the next day with arrivalat Enniskillenwhere Sir HumphreyWinche, a victim of the continually bad weather, was taken ill.Chichester felt it best that Winche be sent to recuperate in Monaghan,but also decided that his absence should not be a complete loss andso directed that Sir Humphrey hold assizesfor that county (see map,p. 40). Winche departed the camp at Enniskillen the evening ofSaturday, the sixteenth and completed his assignedduties in Monaghanby the following Friday. His health restored, Sir Humphrey rejoinedthe main party at Cavan on the twenty-fourth. Becauseit was not partof the proposed plantation no inquisition was taken for Monaghan.f

The Fermanagh inquisition, dated at Enniskillen on 18 September,again found that the termon and erenagh lands belonged to the nativesepts who occupied them and not to the bishops who claimed them.With the mounting evidence of the inquisitions in his hands Davieshad strong support for his growing conviction that "if the likeinquisitions were taken in Munster and Connaught (for there are alsoTermon lands in every diocesewithin these provinces), the like present-ments would be made there, and everywhere throughout the kingdom."In his later abstract of the king's title Davies did little more than statethe existence of the erenagh lands of Fermanagh, laying no direct claimto them by the crown. This wasundoubtedly because such a claimwasmore nebulous in this instance than in those preceedingbecause letterspatent dated 20 February 1601 had granted to Connor Roe Maguire"the entire country called Farmanagh ¢Magwirescountry." Though /o/{a later agreement between Connor Roe and his uncle, the fugitive

also F.H.A. Aalen and R.J. Hunter, "Two early 17th century maps of Donegal" inThe Journal of the Royal Society of Antiquaries of Ireland (hereinafter Jnl RSAI)xciv (1964) 199-202; Andrews, "Maps of the escheated counties" in Proc RIA,lxxiv, pp. 168-9; K. Simms, 'The legal position of Irishwomen in the later MiddleAges" in The Irish Jurist x (1975) 96-111. Hill (n. 29 on p. 176) has identifiedthe three widows as the mother of the earl of Tyrconnell (Ineen Duv), O'Boyle'swidow, and "the widow of an O'Donnell gentleman."

8 Relation of the Proceedings, 30 Sept. 1609; Winche to Salisbury, 18 Feb.1610 (CSPI, 1608-1610, pp. 294-5, 389); Hill,Historical account of the Plantation,pp. 178-9. Winche was not the only commissioner to fall victim to the foulweather. The Chancellor, Archbishop Jones, had been in poor health prior tothe journey and had taken extra time to get ready and therefore travelled northwith the second party. He took part in the work carried on in Armagh andTyrone, but apparently before the commissioners entered Coleraine his healthdeteriorated and he grew "sickly and very weak" and, though "sore against hiswill," was persuaded to return to Dublin (CSP!, 1608-1610, pp. 253, 255,285).He was later able to rejoin the commissioners at Cavan where he took part in theinquisition for that county.

38 F.W.HARRIS

Cuconnaught Maguire who had fled with the earls of Tyrone andTyrconnell, had divided Fermanagh between them, and Connor Roehad apparently been satisfied to the point that he would accept ashare rather than try to hold all of the county, he did not have apatent for that portion and yet the former grant of 1601 might nothave been legally voided. To say the least, the situation in Fermanaghcaused by the grant to Connor Roe presented a very murky appearanceas the king's commissioners first looked it over. But as Connor Roehad a history of acquiescing to government pressure it must haveappeared a safe bet that he would again fall into line. This was takenwell into account and in the end eventually led, not to his holding allof the county or even three of its seven baronies, but rather to hisbeing offered only one barony,"

The work of the commission completed in Fermanagh on Wednes-day, 20 September and by Winche in Monaghan two days later, themarch to Cavan, the last county to be included in the plantation,began. Both groups met on Sunday, two days later, and between thenand the twenty-ninth all of the various tasks for Cavanwere completed.As so often had been the case, Davies made little mention of whattranspired during the administration of civil justice, except to say thatbecause of what had just that summer been accomplished by thecommissionUlsterhad been left "in more complete peace and obedience"than any time since the English first set foot there nearly four and ahalf centuries before. This, he felt, was amply demonstrated by therehaving been only two executions during the circuit; one being the

9 Inquisition at Enniskillen, 18 Sept. 1609 (Inq Off Rot Cane, ii, Appendix(VI Fermanagh); IPR, pp. 383-5); Hill, Historical account of the Plantation,pp. 178-84; Davies to Salisbury, 30 Sept. 1609 (PRO, SP 63/227/133; CSPI,1608-1610, p. 292; Hill, pp. 188-9. Although Davies's conviction regarding theecclesiastical lands was expressed after the taking of the Cavan inquisition it isapparent that he had reached his conclusion earlier. His letter to Salisbury,written from Fermanagh on 20 Sept., states that these lands are "found the samehere [in Fermanaghlas in the other counties"; PRO, SP 63/227/129; CSPI, 1608-1610, p. 288; Hill, pp. 182-4); Abstract of His Majesty's Title (Fermanagh),[n.d., calendared in 16101 (CSPI, 1608-1610, pp. 574-5); Grant to Connor RoeMaguire, 20 Feb. 1601 (James Morrin, Calendar of the Patent and Close Rollsof Chancery in Ireland (hereinafter Morrin, Patent and Close Rolls) .;. ii (Dublinand London 1862) 584-5). Perhaps because the Fermanagh assizes were unevent-ful - the inhabitants were reported as "satisfied with the administration of civiljustice" - Davies found himself in a position to admire and savour the naturalbeauty of this county which he described as "pleasant and fruitful, with the landbordering Lough Erne being "the fattest and richest soil in all Ulster." To describeit in greater detail, he said, "would rather be taken for a poetical fiction than fora true and serious narration" (letter to Salisbury of 20 Sept. cited above).

THE COMMISSIONOF 1609 39

execution which took place at Derry while the other was noted onlyin the final tally. That others undoubtedly would have been executedwere they not marked for shipment to Sweden was not mentioned bySir John. Also, because Davies believed that those convicted at theassizes were a military responsibility and therefore under the directsupervision, control and authority of the Lord Deputy he would seemto have left comment regarding their disposition where he believed itto belong - with Chichester.!O

The findings of the Cavan inquisition were as had come to beexpected in that "the tenants of the Termon lands were the trueproprietors and inheritors thereof, and that the bishops had onlycertain rents and refections." The contention made by the bishop ofDerry, George Montgomery, before the start of the commission thatthese lands were demesnes of the bishops of Ulster, a view whichDavies noted wryly as having been made "with a little too muchconfidence" at that earlier date, had been proved wrong by "theuniversal consent of all the juries in Ulster." During the course of hiswork with the inquisitions Davies had allowed his natural inquisitive-ness and acquired antiquarian inclinations full rein to discover all thathe could regarding native institutions, and if anything had escaped hisattention regarding the termon and erenagh lands of Ulster itundoubtedly would have been oflittle importance.l!

Based on an inquisition taken at Cavanon 19 August 1606 to whichhe had been a party, Davies was now to declare that "all the saidterritory or country of Breny O'Rely [Cavan], and every [temporal]parcel thereof, and all and singular the premises, did come into thehands of the said late Queen Elizabeth, and are now in the actualpossession of His Majesty." Davies and his associates of 1606 hadfound that Philip O'Reilly, seised of the whole of county Cavan, hadbeen killed while actively engaged in "open rebellion" during the reignof Elizabeth. Followinghis death both Edmund and Sir John O'Reilly,who might have claimed Philip's inheritance, had also died in rebellion.As death in rebellion was an attainder in law the deaths of these

10 Relation of the Proceedings, 30 Sept. 1609; Davies to Salisbury, 30 Sept.1609 (CSP!, 1608·1610,pp. 292, 295; PRO, SP 63/227/133; Hill, Historicalaccount of the Plantation, p. 189). See also Hunter, "The Ulster Plantation in... Cavan" (thesis), pp. 43-75, but without specific reference to the Commissionof 1609.

11 Davies to Salisbury, 30 Sept. 1609 (PRO, SP 63/227/133; CSP!, 1608·1610, p. 292; Hill, Historical account of the Plantation, p. 188); Inquisition atCavan, 25 Sept. 1609 (Inq Off Rot Cane, ii, appendix (VII Cavan); IPR, pp.385·7); Hill, pp. 185-8.

, 40 F.W. HARRIS

The Commission of 1609

Km

ROUTE OF THE COMMISSION OF 150921 JULY TO 3 OCTO~ER

~ Rout. and direction of tbe c0trlmission~r5

...••.•--- ~~r~bO~U;~t7~hichister and Sir Humphrty Winche'

CAVAN5ih of inquisition,

Mil e s

INQUISITIONS

Armagh: Saturday, 12 August Derry: Friday, 1 SeptemberTyrone: Wednesday, 23 August Tyrconnell: Tuesday, 12 SeptemberColeraine: Wednesday, 30 August Fennanagh:Monday, 18 September

Cavan: Monday, 25 September

(drawn by F.W. Harris & A.L. Williams)

THE COMMISSION OF 1609 41

O'Reilly chiefs, accepted by the crown as having been seised of theentirety of Cavan,had resulted in the forfeiture of this county to thecrown. Two grants made by the king were noted by Davies asexceptions to this county's complete forfeiture as was the small portionof demesne lands belonging to the bishop of Kilmore, in whose dioceseCavanlay.12

The commission of 1609 had fulfilled its necessary purpose ofsurvey and enquiry, without which the implementing of the plantationwould have proved difficult if not impossible. With everythingaccomplished according to motive and design, Davies had reason forbeing doubly satisfied with the results of the summer's work. As alawyer he could not have hoped for better findingsfrom the inquisitionswhich fitted in so well with his skilful application of statute andcommon law. His use of the act of 11 Elizabeth made unambiguousthe crown claim to Coleraine and the Coleraine side of Derry. Headroitly overcame the objection that this act had in any way beenrepealed by the later grants of the earldom of Tyrone to Hugh O'Neillby taking no notice of such a claim. Coupling 11 Elizabeth to Tyrone'sattainder made the position of both Armagh and Tyrone equally clear.The attainder of the earl of Tyrconnell and O'Dogherty's death inrebellion were sufficient to have brought Tyrconnell, Inishowen and theremaining parts of Derry firmly within the grasp of the king and hisadministration at Dublin. The deaths in rebellion of the O'Reilly chiefsmade Cavan's status strikingly evident. Only Fermanagh appeareddefiant, but this was more an illusion than a reality. Sir John as anantiquary also would have been pleased, particularly as what hadbeen learned of Gaelic society reinforced so well the claims to be putforth for his majesty's title under the blanket of 11 Elizabeth. Thefmdings regarding the ecclesiastical lands - and particularly the statusof the erenaghs and their related territories - had solved the long-standing question as to what precisely they and their duties were.Also, by these findings and an interpretation through law the erenaghand termon lands had been shown to be independent of the bishops'demesnesand, where applicable,forfeited to the crown by 11Elizabeth.For the coming plantation this would provean important victory in law,

12 Abstract of His Majesty's Title (Cavan), [n.d., calendared in 16101 (CSPI1608-1610, pp. 576-7); Commission to Enquire, 15 August 1606; Inquisitionat Cavan, 19 August 1606 (IPR, p. U8; CSPI, 1603-1606, pp. 538-9); Hill,Historical account of the Plantation, pp. 187-8. See also G.A. Hayes-McCoy,"Sir John Davies in Cavan in 1606 and 1610" in Breifne: Journal of CumannSeanchais Bhreifne (Breifne Historical Society) i, no. 3 (1960) 183, 185.

42 F.W. HARRIS

for it would ensure that pockets of native Irish did not remain legallyscattered throughout the six counties except where specificallypermitted by the crown.·

King James had wanted to proceed through all stages of acquisitionto plantation by way of a form of law as a means of guaranteeing thefuture of the plantation by basing it upon a lawful foundation. Thiscommission of 1609, embodied in the findings of inquisitions and putto practical use by Davies's keen interpretation, brought this foundationinto being; although it may have been more legalistic in form thanlegal in fact. The rights of the native Irish were to be brushed aside.The reality that many of them, and perhaps most, should not havecome under such strictures as 11 Elizabeth was not for a momentconsidered.

The commissioners concluded their legal work in Cavan on 29 Sept-ember. The next day saw the formal end of the field-work, thebreaking of camp, and the start of the return journey. Those travellingdirect to Dublin arrived there by 3 October, but Chichester stopped atSir Garrett Moore's house at Mellifont in order to be in a betterposition for supervising "the levying and embarking" of the nativeswordsmen for Swedish service.13

Though the out-of-doors part of the commission was completed,much remained to be done in Dublin. This, according to Davies,included "the making up of [the] inquisitions in form of law, thedrawing of the titles into cases, the engrossing, enrolling, and exampli-fication thereof, the absolute fmishing of the maps, [together with]the limiting and setting forth of the parishes, precincts, and proportions,which must be done upon the maps." This work of transcribing anddigesting all that had taken place during the life of the commissionwould prove a long and arduous task. Davies believed it would not befmished until early December, while Chichester looked nearer toChristmas for a completion date. Both, however, proved optimistic.One reason for the delay, other than the time taken to find a "form andmethod fit to be presented to His Majesty" and others of his council,was because the commissioners all went their separate ways uponconclusion of the journey through Ulster. Bringing them back togetherto fmish the job would have to await Chichester's return from the

13 Relation of the Proceedings, 30 Sept. 1609; Winche to Salisbury, 3 Oct.1609; Davies to Salisbury, 19 Oct. 1609; Chichester to the Privy Council, 31 Oct.1609 (CSPI, 1608·1610, pp. 295, 300, 304; PRO, SP 63/227/142).

THECOMMISSIONOF 1609 43

northern borders.14At last, late in January 1610, the maps of the escheated territories

had been drawn, but a further month was spent colouring them and bythe time they were bound in London and ready for presentation itwas 15 March. The main set was intended for the king and council,a second set was presented to Salisbury, while a third set undoubtedlyremained in Dublin to assist the commissioners upon arrival of theundertakers. The inquisitions, meanwhile, were not delivered toChancery until 6 January. They were signed as witnessed by Chichester(all seven inquisitions); the Chancellor, Archbishop Thomas Jones ofDublin (Armagh, Tyrone and Cavan only); the primate of Ireland,Archbishop Henry Ussher of Armagh (all seven); Bishop George Mont-gomery of Derry, Raphoe and Clogher (Coleraine, Derry, Fermanagh,Tyrconnell and Cavan only); Sir Thomas Ridgeway, the treasurer (allseven); Sir Humphrey Winche (all seven); Sir Oliver St John (Tyrconnellonly); Sir Garrett Moore (Tyrconnell and Cavan only); William Parsons,the chief surveyor (all seven); and Davies (all seven).15

Late in February 1610 Davies and Ridgeway, together with thecompleted maps, inquisitions, and Davies's notes concerning the king'stitle to the escheated territories, sailed for London to make a fmalin-person report and help smooth over any last minute problems beforethe plantation began. Perhaps because he and Davies disagreed overcertain aspects of the plantation and he could not, therefore, count on

14 Davies to Salisbury, 30 Sept. and 19 Oct. 1609 (PRO, SP 63/227/133and 142; CSP!, 1608-1610, pp. 292, 300); Chichesterto Salisbury,18 Sept. 1609(CSPI, 1608-1610, pp. 285-6; Morrin,Patent and Close Rolls (1863) iii, p. 635);Brief of the Proceedingsof the Commissionersfor the Plantation, 19 March1610(PRO, SP 63/228/59 and clericalcopy SP63/228/60 ; CSP!, 1608-1610, pp. 409-11; Hill,Historical account of the Plantation, pp. 205-7;C. Maxwell,Irish historyfrom contemporary sources :.. (London 1923) 268-9).

15 Bodley to Salisbury,24 Feb. 1610; Ridgewayto Salisbury,15 March1610(CSP!, 1608-1610, pp. 392-3, 401-2; Hill, Historical account of the Plantation,pp. 195-6; W.H.Hardinge, "On manuscript'mapped townland surveysin Irelandof a public character ..." in Proc RIA, viii (1864), 49); Andrews, "Maps of theescheated counties" in Proc RIA, lxxiv, particularly pp. 141,145,159-68; Aalenand Hunter, "Maps of Donegal" in Jnl RSAI, xciv, pp. 201-2. The date theinquisitions were delivered to Chancery in Dublin (6 Jan. 1610) is givenat theend of each inquisition in the appendix of Inq Off Rot Cane, ii, but only at theend of the Fermanagh and Cavan inquisitions in 1PR (pp. 385, 387). A set ofthe maps, though incomplete, is to be found in the PublicRecord Office,Londonwhere they form the seriesMPF38 through 64. For an account of their discoveryin 1860, having been previously "allowed to slumber amongst the State PaperOffice records," see the paper by Hardinge,cited above, pp. 46-51 and also his"Observations on the earliest known manuscript census returns of the people ofIreland" in Trans RIA, xxiv, pp. 317-18.

44 F.W. HARRIS

the Attorney General to present and arguehis views,Chichester entrust-ed "some remembrances of his own" to Ridgewayfor imparting to theking and council. Be that as it may, from the moment of his arrivalinLondon, Daviesworked in diligentcloseco-operationwith the plantationadvisory committee there in preparing tables, summaries and abstractsto be used as aids in formulating the flnal set of conditions for settle-ment as well as for the distribution of precincts and proportions.Sir John also took it into his own hands to demonstrate that the workof the previous summer had been performed with meticulous attentionto detail and extreme legal care not only as a means of protecting theplantation from legal counter-attacks but also because King James hadrequired it to be done so. He therefore produced "A Brief of theProceedings of the Commissionersfor the Plantation" to show that thishad been accomplished and the manner in which it had been carriedout.He outlined the work in two sections: that which had been done inIreland and that which was finished in London. Both of these werethen subdivided into two further parts. Clear,concise and to the point,the method of presentation, espousing not a hint of doubt, was typicalof Davies's style and allowed for the complete understanding andsatisfaction of the plantation committee, the Privy Council and thekin 16g.

The opening section of his "Brief' dealt first with the legal techni-calities and stated that the inquisitions taken in each county hadsuccessfully distinguished the temporal lands, which he did not hesitateto call "crown lands," from the ecclesiasticalwhich were made up ofthe demesne and mensallands of the bishops as well as the termon anderenagh lands which, contrary to the expectations of the bishop ofDerry, had been found for the crown. The findings by inquisition,Sir John boasted, had "supplied diverse omissions in the formersurveys"; a result in which he could scarcely conceal his pride. Thesecond point dealt with the division of the counties into baronies(which would serve as precincts for the plantation) and the mappingthereof. Unfortunately, his confidence that the cartographic surveyhad been "exactly and particularly done ... so as the most obscureand unknown part of all the King's Dominions is now as well known

16 Chichester to Salisbury, 20 Feb. 1610 (CSPI, 1608-1610, pp. 390-1);Brief of the Proceedings of the Commissioners for the Plantation, 19 March1610 (pRO, SP 63/228/59, also clerical copy SP 63/228/60 and partial copySP 63/228/61; CSPI, 1608-1610, pp. 409-11; Hill, Historical account of thePlantation, pp. 205-7; Maxwell, Contemporary sources, pp. 268-9). The "Brief"is cited in succeeding paragraphs.

THE COMMISSION OF 1609 45

and more particularly described than any part of England" was some-what misplaced and premature. He was on slightly firmer ground indescribing the law sessions "held in every county, wherein pretendedtitles were examined, possessions quieted, and many causes heard andended." One of the results of the sessions was the great number ofloose and idle swordsmen" who had been bound together for shipmentto Sweden; an outcome which he found to tend "very much to thepreparation of the plantation."

The work in Dublin, Davies explained, required further effort inperfecting the legalities of the conclusions determined or found in thefield as well as the completion of the maps. The former was accomp-lished in two points. The first of these was through an abstract of thevarious titles within the escheated counties, both crown and subjects',drawn from the available records and placed together in "a book ofcases signed by the chief judges and the Attorney-General." Theevidence of this book would make readily apparent "what lands theKing may dispose to undertakers by a good and just title." As this titlewas founded to a large degree on the inquisitions, these had been"drawn into form of law, examined by the bishops, engrossed andreturned, and lastly exemplified under the great seal of England."With the completion of the maps the work in Dublin came to an end.There then began the next phase of implementing the plantation whichgot under way in London with the close consultation and co-operationof the plantation committee there, the Privy Council and AttorneyGeneral Sir John Davies.

46 F.W.HARRIS

APPENDIX I

Outline of Chronologyfor the Commission of 1609

Fri., 30 June King James authorises the Commission of 1609

Sun., 16 July the king's letter of authority is received in Dublinby Lord Deputy Chichester

Wed., 19 July ..... Attorney General Davies prepares a draft of theCommission of 1609

Fri., 21 July ..... the Commission of 1609 is formally empoweredunder letters patent drawn up by Davies; withthis in hand, Chichester and the main party ofcommissioners depart Dublin

Fri., 28 July ..... the main party is encamped at Mellifont

Mon., 31 July .... Chichester and the main party reach Dundalk;Davies, Chief Justice Winche, Lord ChancellorArchbishop Jones and the second party leaveDublin

Tue., 1 Aug. ..... the two parties of commissioners meet at Dundalk;the course for proceeding is determined

Wed.,2 Aug the commissioners depart Dundalk by way of theFews

Thur.,3 Aug the commissioners arrive near Armagh town; theinhabitants of the county are heard

Fri., 4 Aug. andSat., 5 Aug. . . . . . . the claims of Primate Archbishop Ussher are

heard; the surveyors are at work

Mon., 7 Aug the commissioners conclude the short journey toArmagh town

Mon., 7 Aug. toSat., 12 Aug. the Armagh assizes are held

Sat., 12 Aug. the survey of county Armagh is completed byinquisition dated at Armagh town; the commiss-ioners depart Armagh by way of Charlemont

Sun., 13 Aug. . . . .. the commissioners arrive near Dungannon

THE COMMISSION OF 1609 47

Sun., 13 Aug. toWed., 23 Aug... the Tyrone assizes are held

Tue., 22 Aug. . . . .. Sir Thomas Phillips and the four representativesof the City of London arrive at Carrickfergus

Wed., 23 Aug. . ... the survey of county Tyrone is completed byinquisition dated at Dungannon

Thur., 24 Aug..... the commissioners journey towards Colerainethrough Glenconkeyne; having been ill, Arch-bishop Jones turns back before Coleraine

Fri., 25 Aug. . .... Phillips and the Londoners arrive at Limavady

Sun., 27 Aug slowed down by bad weather, the commissionersarrive at Limavady where they meet Phillips andthe Londoners and are later joined by BishopMontgomery

Mon., 28 Aug. toThur. 31 Aug. the Coleraine assizes are held

Wed., 30 Aug. the survey of county Coleraine is completed byinquisition dated at Limavady

Thur., 31 Aug. toFri., 1 Sept. . . . . .. the commissioners journey to Derry

Fri., 1Sept the survey of Derry and its immediate environsis completed by inquisition dated at Derry

Fri., 1 Sept. toMon., 4 Sept. . . . .. the Derry assizes are held

Sat., 2 Sept. toMon., 4 Sept. . . . . . Chichester and Treasurer Ridgeway inspect

Inishowen

Mon., 4 Sept. . . . . . the commissioners travel to Lifford

Tue., 5 Sept. ..... Chichester and the commissioners arrive at Lifford

Thur., 7 Sept. . ... the Tyrconnell assizes are begun [ the date ofcompletion is not given]

Sun., 10 Sept. claims of the inhabitants of the county are heard

Tue., 12 Sept. the survey of county Tyrconnell (cited as Donegal)is completed by inquisition dated at Lifford

48 F.W.HARRIS

Wed., 13 Sept ... the commissioners depart Lifford for Fermanagh

Thur., 14 Sept ... the commissioners arrive at Enniskillen

Sat., 16 Sept because of illness, Chief Justice Winche leavesthe commissioners to recuperate in Monaghanwhere he holds assizes

Mon., 18 Sept. . . . . the survey of county Fermanagh is completed byinquisition dated at Enniskillen

Wed., 20 Sept ..... the work in Fermanagh is completed [assizesheld on unspecified date(s)]

Fri., 22 Sept having regained his health, Winche completes hisassigned task in Monaghan

Sun., 24 Sept. .... the two parties, Winche from Monaghan and therest of the commissioners from Ferrnanagh,arrive at Cavan town

Mon., 25 Sept ..... the survey of county Cavan is completed byinquisition dated at Cavan town; ArchbishopJones has rejoined the commissioners in timeto take part in the inquisition

Fri., 29 Sept the work in Cavan is completed [assizes heldon unspecified date(s)]

Sat., 30 Sept after breaking camp, the return journey toDublin is begun

by Tue., 3 Oct. . . . . the commissioners, minus Chichester who hasremained behind, have arrived at Dublin

Fri., 20 Oct. . .... Chichester, having supervised the shipment ofthe swordsmen bound for Sweden, arrives atDublin

Sat., 6 Jan. 1610 ., the record of the inquisitions is delivered toChancery

on or shortly afterSat., 24 Feb. 1610 Davies and Ridgeway, with the maps and inquisi-

tions, travel to London

Thur., 15 March 1610 ... the maps are bound and presented in London

Mon., 19 March 1610 ... Daviescompletes his "Brief of the Proceedingsof the Commissioners for the Plantation"

THE COMMISSION OF 1609 49

APPENDIX II

Members of the Commission of 1609named in letters patent

of21 July 1609*

Sir Arthur Chichester, Lord Deputy; Archbishop (of Dublin) ThomasJones, Lord Chancellor; Archbishop (of Armagh) Henry Ussher, Primateof Ireland; Bishop (of Derry, Raphoe and Clogher) George Montgomery;Bishop (of Kilmore and Ardagh) Robert Draper; Sir Thomas Ridgeway,Treasurer; Sir Richard Wingfield, Marshal of the Arrny+; Sir HumphreyWinche, Chief Justice of the Court of King's Bench; Sir John Denham,_Chief Baron of the Court of Exchequer+; Sir Francis Aungier, Masterof the Rollsj ; Sir Oliver St. John, Master of the Ordnance; Sir OliverLambert, Privy Councillor; Sir Henry Power, Privy Councillor+; SirGarrett Moore, Privy Councillor; Sir Adam Loftus, Privy Councillor]Sir Richard Cooke, Principal Secretary of Statej ; Sir John Davies,Attorney General; William Parsons, Surveyor General; George Sexton,Escheator of Ulster+ .

* A quorum was to consist of Chichester "or any five or more" of thecommissioners.t Wingfield, Denham, Aungier, Power, Loftus, Cooke and Sexton did not

take part in the preparation of the inquisitions. It is possible that Wingfield wasbusy with military matters in the province and that Sexton was occupied assistingthe cartographers in preparing the maps.

50 F.W. HARRIS

APPENDIX III

Record of Survey and Inquisitionof the Commission of 1609

I. ARMAGH:Survey completed by inquisition dated at Armagh town 12 Aug.

1609 before Sir Arthur Chichester; Sir Oliver St. John; ArchbishopThomas Jones; Sir Oliver Lambert; Archbishop Henry Ussher; SirGarrett Moore; Sir Thomas Ridgeway; Sir John Davies; Sir HumphreyWinche; WilliamParsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop ThomasJones; Sir Humphrey Winche; Archbishop Henry Ussher; Sir JohnDavies;William Parsons.

II. TYRONE:Survey completed by inquisition dated at Dungannon 23 Aug.

1609 before Sir Arthur Chichester; Sir Oliver St. John; ArchbishopThomas Jones; Sir Oliver Lambert; Archbishop Henry Ussher; SirGarrett Moore; Sir Thomas Ridgeway; Sir John Davies; Sir HumphreyWinche; William Parsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop ThomasJones; Sir Humphrey Winche; Archbishop Henry Ussher; Sir JohnDavies; WilliamParsons.

III. COLERAINE:Survey completed by inquisition dated at Limavady 30 Aug. 1609

before Sir Arthur Chichester; Sir Oliver St. John; Archbishop HenryUssher; Sir Oliver Lambert; Bishop George Montgomery; Sir GarrettMoore; Sir Thomas Ridgeway; Sir John Davies; Sir Humphrey Winche;William Parsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop HenryUssher; Sir Humphrey Winche; Bishop George Montgomery; Sir JohnDavies;William Parsons.

IV. DERRY:Survey completed by inquisition dated at Derry 1 Sept. 1609

before Sir Arthur Chichester; Sir Oliver St. John; Archbishop HenryUssher; Sir Oliver Lambert; Bishop George Montgomery; Sir GarrettMoore; Sir Thomas Ridgeway; Sir John Davies; Sir Humphrey Winche;William Parsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop HenryUssher; Sir Humphrey Winche Bishop George Montgomery; Sir JohnDavies;William Parsons.

THE COMMISSION OF 1609 51

V. TYRCONNELL (cited as Donegal):Survey completed by inquisition dated at Lifford 12 Sept. 1609

before Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop HenryUssher; Sir Humphrey Winche; Bishop George Montgomery; Sir JohnDavies;William Parsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Humphrey Winche; Archbishop HenryUssher; Sir Oliver St. John; Bishop George Montgomery; Sir GarrettMoore; Sir Thomas Ridgeway; Sir John Davies;William Parsons.

VI. FERMANAGH:Survey completed by inquisition dated at Enniskillen 18 Sept.

1609 before Sir Arthur Chichester; Sir Oliver St. John; ArchbishopHenry Ussher; Sir Garrett Moore; Bishop George Montgomery; SirJohn Davies; Sir Thomas Ridgeway; WilliamParsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Thomas Ridgeway; Archbishop HenryUssher; Sir Humphrey Winche; Bishop George Montgomery; Sir JohnDavies;William Parsons.

VIII. CAVAN:Survey completed by inquisition dated at Cavan town 25 Sept.

1609 before Sir Arthur Chichester; Sir Thomas Ridgeway; ArchbishopThomas Jones; Sir Humphrey Winche; Archbishop Henry Ussher;Sir Oliver St. John; Bishop George Montgomery; Sir Garrett Moore;Bishop Robert Draper; Sir John Davies;William Parsons.

Inquisition delivered to Chancery 6 Jan. 1610 signed as witnessedby Sir Arthur Chichester; Sir Humphrey Winche; Archbishop ThomasJones; Sir Oliver St. John; Archbishop Henry Ussher; Sir Garrett Moore;Bishop George Montgomery; Sir John Davies; Sir Thomas Ridgeway;

. WilliamParsons.

52 F.W. HARRIS

APPENDIX IV

An Unpublished Letter of Sir John DaviesRelating to the Commission of 1609

Because of the importance of the commission of 1609 as a foundationfor the setting into place of the plantation of Ulster the following yearand because the work of Attorney General Sir John Davies was centralto the legal aspects of the commission, the letters written by Daviesfrom Ulster that August and September have proved indispensable indetermining and understanding the various duties, details and choreswhich were dealt with as part of the course of the commission's work.

From his departure from Dublin at the beginning of August to hisreturn in October, Davies forwarded to Salisbury a fairly smoothflowing stream of letters which clearly apprised the king's principalsecretary of the steps and progress taken in both the legal and carto-graphic work accomplished as well as the daily routine of thecommissioners. Sir John's letters also dealt with the problems met andovercome in separating the ecclesiastical lands from the temporal forthe purpose of confiscation, the arrival of the representatives of theCity of London whose report would greatly influence the City's decisionas to whether or not it would participate in the plantation, the thencurrent peaceableness of the formerly fractious province, and, onoccasion, a poetic description of the lands surveyed.

Seven letters are known to have been written by Davies from Ulsterand, because the contents correspond to the major stops along theroute, these would seemingly have been the sum total of his epistolaryendeavours while in the field. Of these seven, two are preserved amongthe manuscripts of the marquess of Salisbury at Hatfield House andboth have recently been published in abbreviated form by the HistoricalManuscripts Commission in Salisbury (Cecil) Manuscripts, volumetwenty-one. A short passage omitted from publication of the secondletter appears in J .H. Andrews, "The Maps of the Escheated Countiesof Ulster, 1609-10" in Proceedings of the Royal Irish Academy, volumeseventy-four, section C, number 4 (1974) 14041. Of the remainingfive letters, all are preserved at the Public Record Office in London,but only four appear in the Calendar of State Papers, Ireland, 1608-1610; the letter Davies wrote from Derry on 4 September being over-looked by the editors during their compilation. The four calendaredletters also appear, though not always complete, in George Hill, Anhistorical account of the Plantation in Ulster at the commencement

AN UNPUBLISHED LETTER OF SIR JOHN DAVIES 53

of the seventeenthcentury, 1608-1620(1877, reprinted 1970). Davies'sunpublished letter from Derry would seem nearly to have escapedcomplete notice by historians until two references to it were made inthe article by Andrews (p. 146, n. 56;p. 169, n.119).

The chronology of Davies's letters written during the commission of1609 together with the place at which they were written, the currentlocation of the manuscript, and major publication information is asfollows:

Date of Letter Written at Location of Manuscript Publication1) 10 Aug. 1609 the camp near Blackwater Hatfield House, HMC, Salisbury,

(Thursday) (concerning county Armagh) Salisbury MS 127/126 xxi, pp. 117-8(4 pages)

2) 24 Aug. 1609 the camp beyond Dungannon Hatfield House, HMC, Salisbury,(Thursday) (concerning county Tyrone) Salisbury MS 127/133 xxi, p. 121

(2 pages)

3) 28 Aug. 1609 the camp near Limavady Public Record Office, CSP!,1608-1610,(Monday) (concerning county Coleraine) London, SP63/227/122 pp. 280·1; and Hill,

(2 pages) Plantation, pp. 169-71.

4) 4 Sept. 1609 Derry Public Record Office first publication(Monday) (concerning the town of Derry) London, SP63/227/124 follows below

(2 pages)

5) 12 Sept. 1609 the camp near Lifford Public Record Office, CSP!,1608·1610,(Tuesday) (concerning county Tyrconnell) London, SP 63/227/125 pp. 282-3; and Hill,

(1 page) Plantation, pp. 176-7.

6) 20 Sept. 1609 the camp in Fermanagh Public Record Office, CSP!,1608·1610,(Wednesday) (concerning county Fermanagh) London, SP63/227/129 pp. 288·9; and Hill,

(1 page) Plantation, pp. 182-4

7) 30 Sept. 1609 the camp near the border Public Record Office, CSPI, 1608·1610,(Saturday) of Meath, near Lough Raen London, SP63/227 /133 pp. 292-3; and Hill

[now Lough Ramor] (1 page) Plantation, pp. 188-9(concerning county Cavan)

Sir John Davies to Lord Salisbury. Derry, 4 September 1609.1 (PublicRecord Office, London. SP 63/227/124, folio 135-136, 138.)

[f. 135] My most honorable good Lord; \In this journey/ wee do manyTyrnes wish, that his majestie, with the help of one of his farr-SeeingGlasses, could see his Commissioners & other his ministers heer in

1 Original spelling, punctuation and capitals have been retained in thetranscription, but abbreviations have been drawn out and paragraphs have beenindented. Initial "i" and "v" and medial "u" have been modemised. Inter-lineations, as well as those above corrections, appear between \ /.

54 F.W. HARRIS

Ulster, every one performing his severall duty. Not that wee desireto bee pitied for lying in the field this fowle weather, (for the goodprovisions of our camp, & the good Company do ease all otherdifficulties; & make our progresse not altogether unpleasant) butbycause wee conceave that this Speculation would breed \some/ 2beleef & assurance that the plantation it self will succeed & bee fullyaccomplisht, seeing the praeparation thereof is taken in hand with somuch cheerfulnes & alacrity. I speak not this to purchase Credittunto my self (for I have the least part, & the least meritt in this service)but to doo right to the rest that ar imployed; in whose behalf I mayassure your Lordship, that there hath not been dispatcht so muchbusines, by so few hands, in so short a Tyme, since I came to servein this kingdome.

our \lord/ Cheef Justice & my self ar now holding our session in theruined citty of the Derry. my lord Deputy, with master Treasourer& others in his company, is departed into Enishowen (Calebs portion)with a purpose to ride round about it, & to return with an exact Surveythereof. Sir Oliver St John remaynes with our little Army not farrfrom the Derry; our Geographers ar dispersed into sundry parts ofTirconnell. The next Rende-Vous for all is the Lifford.

Wee have heer with us the Agents of London who ar sent to view& consider the Land, whither it bee good or bad, &\to report/whatfruits or commodities it yeeldeth; which was the charge given byMoses to the Explorators or Spies who were sent to discover the Landof Canaan. Wee hope they will make report that it is a [and flowingwith milk & honey; & not lay a slaunder uppon the Land as some of thespies of Israel did & so raise a murmur & contradiction among theirbretheren. for hithertoo they seem exceedingly well satisfied, with thefruitfulnes of the soile, the large inletts of the Rivers, & the staple[f. 136] commodities- of the kingdome; & though they cannot bringso grea<t> a Bunch of grapes as was brought to Moses;yet have theya purpose to bring with them hydes, Tallow, flax, yarne, Linnen cloath,& some perle, with other Valuable & reall commodities. wee doo allconceave (with great gladnes & comfort) that this plantation of theCitizens will bring great virtues, strength, civility, & security to thiskingdome, & no small profit & honor to London it self. Rome, in thetyme of the rising of that empire, did deduce 300 Colonies; & ourpoore towne of Bristow, uppon the first conquest of this Hand, didreplenish Dublin & Waterford with citizens. but we find not in anyrecord or story that London had the honor to bee called a Mothercitty, by deducing of any colony before this Tyme.4

But for the good of this kingdome, wee find one sure experiment,that the enhabitants of the \ walledI Townes & cittyes of Ireland(which ar all old English Colonies) have continued Loiall to the Crowne

2 Written above a word which has been struck out and which cannot bedeciphered.

3 Appearing as a catchword, "commodities" is on both f. 135 and f. 136.4 From the next paragraph a quill with a finer writing point was used.

=

AN UNPUBLISHED LETTER OF SIR JOHN DAVIES 55

of England in all rebellions & innovations; never admitting the Irish intotheir Corporations, nor imitating their Customes, nor making allianceswith them; whereas the great families of the Geraldines, Bourks,Butlers, Barries & many other ancient English houses \planted incuntrey abroad! have made defections from their naturall alleigeancein sundry ages/, & become degenerate & meere Irish.

Wee find the Title of the very Scite of the \Citty/5 of pen), & theIland wherein it standeth very litigious between the Bishop'' & theexecutors \or assignees/ of Sir George Pawlett 7 who had a lease of1000 yeares thereof from Sir H. Docwra.f This doth a little distast thelondoners but, uppon the praesentment of the Jury heer; I hope it willfall out, that his majestie shall have power to dispose of it at his princelypleasure notwithstanding both the praetended titles. The drawingof this, & all other titles arising in this journey into severall cases, ismy labour; whereof some ar so difficult as wee shall need the resolutionof the Judges in England. This is the short accompte of our service inthis little county,9 from whence I hereby praesent my devotion toyour Lordship rernayning your Lordships in all humble dutylO

[signed] Jo: DavysDerry. 4 September 1609

[postscript] our secular Justice hath heer executed a mendi-cant freer who had made himself rich with thespoile of the Derry.

[f. 138] [addressed] .To the right honorable my very good Lord mylord the Earle of Salisbury Lord high Treasourerof England.

[in another hand] 40 Sept. 1609 The Attourney of Ireland NB[a further hand] 4 Sept 1609

5 Written over "Iland" which is struck out.6 The "Bishop" was George Montgomery who held simultaneously the

sees of Derry, Raphoe and Clogher.7 Pawlett, the military governor at Derry, was killed during the attack against

the jarrison there by rebel forces led by ~ir Cahir 0 'Dogherty on 19 April 1608. z»Sir Henry Docwra had preceded P/awlett as military commander at Derry. :J,

9 Difficult to decipher, this word coUfd possibly be "country".10 There is no final punctuation.