Lord Deputies discretion But their Lordships aduised warily to obserue and know such as offered submission because it had alwaies been the Arch-traitors practise to let slip such as he could not defend that they might saue their goods and liue vpon her Maiestie without any intent to doe her seruice Lastly whereas the Lord of Dunkellin by his letters in regard of some restrictions whereby hee was disabled to serue her Maiestie as he desired had made offer to resigne the gouernement he had in the Prouince of Connaght And forasmuch as the Queene was alwaies vnwilling to imploy any great Lord in his owne Countrie yet finding him placed in that gouernement by the Earle of Essex had still continued him there only out of her speciall fauor to him And for that of late some insolencies had bin offered to Companies of the English by the old Earle of Clanrieards soldiers in her Maiesties pay Their Lordships signified that the Queenes pleasure was to accept the Lord of Dunkellins resignation in the fairest maner and withall carefull tendering of his honour aduising the Lord Deputie to inuite him to accompany his Lordship and serue in the Army vnder him And Sir Arthur Sauage then a Colonel of the Army and lying with his Company at Athlone was appointed prouisionall Gouernour of the Prouince of Connaght except the Lord Deputie knew some sufficient cause to the contrary The Lord Deputy hauing attained his end of drawing the Army into the North by the safe landing and setling of Loughfoyle Garrison in the farthest North of Ireland on Tyrones backe His Lordship the twentie eight of May hearing that Tyrone had drawne backe his men two miles further into the fastnesse and being informed that the Pace of the Moyrye by reason of much wet lately fallen and the Rebels breaking of the causey was hard to passe returned by Carlingford pace to Dundalke and so to Dublin where he vnderstood that the Rebels had in his absence burned the Pale though he left for defence of it 2000 foot and 175 horse in Lemster but the damage was not answerable to the clamour for many priuate men haue in England sustained greater losse by casuall fire in time of peace then the whole Pale had done by the enemies burning in warre and many priuate men in England haue in one yeere lost more cattel by a rot then the Pale lost by this spoyling of the rebels of which they lamentably complained Besides that indeede this burning and spoyling of the very Pale did further the greatest end of finishing the warres no way so likely to be brought to an end as by a generall famine Giue me leaue to digresse a little to one of the fatall periods of Robert the noble Earle of Essex his tragedy and the last but one which was his death whereof the following relation was sent into Ireland The fifth of Iune there assembled at Yorke-house in London about the hearing of my Lord of Essex his cause eighteene Commissioners viz. my Lord of Canterburie Lord Keeper Lord Treasurer Lord Admi Lords of Worcester Shrewsbury Cumberland Huntington Darby Zouch Mast. Comptroller Master Secretarie Sir Ihon Fortescu Lord Popham Chiefe Iustice Lord Anderson Chiefe Iustice of the common Pleas Lord Perian Chiefe Baron of the Exchequer Iustices Gaudy and Walmesley They sate from eight of the clock in the morning till very neere nine at night all at a long table in chaires At the Earles comming in none of the Commissioners stirred cap or gaue any signe of curtesie He kneeled at the vpper end of the Table and a good while without a cushion At length my Lord of Canterbury moued my Lord Treasurer and they ioyntly my Lord Keeper and Lord Admirall that sat ouer against them then was he permitted a cushion yet still was suffered to kneele till the Queenes Sergeants speech was ended when by the consent of the Lords he was permitted to stand vp and after vpon my Lord of Canterburies motion to haue a stoole The manner of proceeding was this My Lord Keeper first deliuered the cause of the assembly and then willed the Queenes Counsaile at Law viz Sergeant Attorney Solicitor and Master Bacon to informe against him The Sergeant began and his speech was not long onely a preface as it were to the accusations The summe of it was to declare the Queenes Princely care and prouision for the warres of Ireland and also her gratious dealing with the Earle before he went in discharging ten thousand pound of his debts and giuing him almost so much more to buy him horses and prouide himself and especially in her proceedings in this cause when as after so great occasion of offence as the consumption of a royall Army fruitlesse wasting thirty hundred thousand 〈◊〉 treasure contempt and disobedience to her expresse commandement she notwithstanding was content to be so mercifull towards him as not to proceede against him in any of her Courts of Iustice but only in this priuate sort by way of mercy and fauour After him the Attorney began whose speech contained the body and substance of the accusation it was very sharp stinging for besides the man faults of contempt and disobedience where with hee charged him he did also shrewdly inferre a dangerous disposition and purpose which was by many rhetoricall amplifications agrauated to the full he diuided his speech into three parts Quomodo ingressus Quomodo progressus Quomodo regressus In the ingresse hee obserued how large a Commission he stood vpon such a one as neuer any man had the like before namely that he might haue authoritie to pardon all Traytors of himselfe yea to pardon treason committed against her Maiesties owne person and that he might mannage the warres by himself without being tied to the aduice of the Counsell of Ireland which clause hee said was granted that he might at first proceede in the Northerne iourny which the Counsell of Ireland whose lands and liuings lay in the South might perhaps hinder and labor to diuert him to the safeguard of themselues In the other two parts of his speech were contained fiue speciall crimes wherwith the Earle was charged viz. His making the Earle of Southampton Generall of the Horse 2. His going to Lemster and Mounster when he should haue gone to Vlster 3. His making so many Knights 4. His conference with Tyrone 5. His returne out of Ireland contrary to her Maiesties command These all sauing the fourth were recited by the Lords in their censures as the crimes for which he was censured by them The first was amplified for that he did it contrary to her Maiesties mind plainely signified vnto him in England that hee increased that offence by continuing him in that office stil when her Maiesty by letters had expressely commanded him to displace him and thirdly for that he wrote a very bold presumptuous letter to her Maiesty in excuse of that offence which letter was afterwards read The second point of his Southerne iourny was agrauated
pardon and promised the Treasurer at warres Sir Henrie Wallop that he would continue his Alleageance to the Queene At this time likewise Feagh Mac Hugh Walter Reagh and many Lemster men began to enter into actions of hostility against the English The Lord Deputy who saw this storme of Rebellion would lye heauy on his shoulders in his letters to the I ords in England had let fall a request that some olderperienced Commander might be sent ouer to him for his better assistance meaning no doubt such a Captaine as should be commanded by the supreame authority of the Lord Deputie But the Lords either mistaking his intent or because they so iudged it best for her Maiesties seruice sent ouer Sir Iohn Norreys a great Leader and famous in the warres of the Low Countries and France giuing him the title of Lord General with absolute command ouer military affaires in the absence of the L. Deputie This great Commander was not like to be willingly commanded by any who had not borne as great or greater place in the warres then himselfe So as whether through emulation growing betweene him and the Lord Deputy or a declining of his Fortune incident to the greatest Leaders howsoeuer he behaued himselfe most valiantly and wisely in some encounters against Tyrone and the chiefe rebels yet he did nothing against them of moment About the beginning of Iune the L. Deputie and the Lord Generall drew their Forces towards Armagh and now Tyrone had sent letters of submission to them both intreating the Lord Generall more specially for a milder proceeding against him so as he might not be forced to a headlong breach of his loyaltie These letters should haue been deliuered at Dundalke but the Marshall Bagnoll intercepting them stayed the messenger at the Newrye till the Lord Deputies returne at which time because in this iourney Tyrone had been proclaimed Traytor he refused to receiue them in respect of her Maiesties Honour Yet shortly after at Tyrones instance Sir Henrie Wallop Treasurer at Warres and Sir Robert Gardner chiefe Iustice of Ireland were by Commission appointed to conferre with him and his confederate Rebels Tyrone in this conference complained of the Marshall for his vsurped iurisdiction in Vlster for depriuing him of the Queenes fauour by slaunders for intercepting his late letters to the Lord Deputie and Lord Generall protesting that he neuer negotiated with forraine Prince till he was proclaimed Traytor His humble petitions were that hee and his might be pardoned and haue free exercise of Religion granted which notwithstanding had neuer before either been punished or inquired after That the Marshall should pay him one thousand pound for his dead Sisters his wiues portion That no Garrisons nor Sheriffes should be in his Country That his Troope of fiftie horse in the Queenes pay might be restored to him And that such as had preyed his Country might make restitution Odonnell magnifying his Fathers and Progenitors seruices to the Crowne complained that Captaine Boyne sent by Sir Iohn Perrot with his Company into his Countrey vnder pretence to reduce the people to ciuilitie and being well entertained of his Father had besides many other iniuries raised a Bastard to be Odonnel and that Sir Iohn Perrot by a ship sent thither had taken himselfe by force and long imprisoned him at Dublin And that Sir William Fitz Williams had wrongfully kept Owen O. Toole aboue mentioned seuen yeeres in prison His petitions were for pardon to him and his and for freedome of Religion That no Garrisons or Sheriffes might bee placed in his Countrey And that certaine Castles and lands in the County of Sligo might bee restored to him Shane Mac Brian Mac Phelime Oneale complained of an Iland taken from him by the Earle of Essex and that he had been imprisoned till he surrendered to the Marshall a Barrony his ancient Inheritance Hugh Mac Guire complained of insolencies done by Garrison souldiers and by a Sheriffe who besides killed one of his nearest Kinsmen Brian Mac Hugh Oge and Mac Mahowne so the Irish called the chiefe of that name suruiuing and Euer Mac Cooly of the same Family of Mac Mahownes complained of the aboue-mentioned vniust execution of Hugh Roe Mac Mahowne in the Gouernement of Sir William Fitz Williams The Commissioners iudged some of their petitions equall others they referred to the Queenes pleasure But when on the Queenes part they propounded to the Rebels some Articles to bee performed by them they were growne so insolent as iudging them vnequall the conference was broken off with a few dayes Truce granted on both sides when the Queene for sparing of bloud had resolued to giue them any reasonable conditions This Truce ended the Lord Deputy and the Lord Generall about the eightenth of Iuly drew the Forces to Armagh with such terror to the Rebels as Tyrone left the Fort of Blackwater burnt the Towne of Dungannon and pulled downe his House there burnt all Villages and betooke himselfe to the Woods They proclaimed Tyrone Traytor in his owne Countrey and leauing a Guard in the Church of Armagh they for want of victuals returned to Dublin and by the way placed a Garrison in Alonaghan And when the Army came neere to Dundalke the Lord Deputie according to his instructions from England yeelded the command of the Army to the Lord Generall and leauing him with the Forces in the Northerne Borders returned to Dublin The third of September Hugh Earle of Tyrone Hugh O Donnel Bryan O Rourke Hugh Mac Guire Bryan Mac Mahowne Sir Arthur Oneale Art Mac Baron Henry Oge Oneale Turlogh Mac Henry Oneale Cormac Mac Baron Tyrones Brother Con Oneale Tyrones base Sonne Bryan Art Mac Brian and one Francis Mounfoord were for forme of Law indited though absent and condemned iudicially of Treason in the Countie of Lowthe neere the Borders of the North. From this time the Lemster Rebels began to grow very strong for Feegh Mac Hugh of the Obirns Donnel Spanniah of the Cauanaghs when they were declining in want of munition were not prosecuted but vpon fained submission were receiued into protection and so had meanes to renew their Forces and supply their wants so as this yeere about this moneth of September they began to oppresse al the subiects from the Gates almost of Dublin to the County of Wexford the most ancient English County and euer much cared for by the Queene which they spoiled wanting forces to defend it and so depriued the English souldier of great reliefe he might haue found therein The like may be said of the Oconnors in Ophalia Generall Norris being left by the Lord Deputie on the Northerne Borders with full command of the Army the Winter passed without any great exploit There was in many things no small emulation betweene the Lord Deputie and him and no losse in Tyrones particular The Lord Deputie seemed to the Lord Generall to be vnequall and too tharpe against Tyrone with whom he wished no treaty of Peace to bee
brother to the Lord Deputies wife and Robert Turnour Seriant Mastor of the Army and two foster brethren to Henry 〈◊〉 of Kildare who with his troope of Horse valiantly serued vpon the Rebell and tooke the death of his foster brethren so to heart after the education of the Irish as he shortly after died Many also were wounded among whom Thomas Walker was of chiefe name When the Lord Deputy first resolued to draw vp to Blackewater he sent directions to Sir Conyers Clifford to come vp with the Connaght forces by the way of Ballyshainnon and to meete him there which he in like sort attempted but being ouer matched by the Rebels lying in his way could not peirce so farre but was forced to retire and by that retreat wonne great reputation to himselfe and the men vnder him for hauing with him some sixe or seuen hundred foote onely of which part was of the old Britan Souldiers and being assayled by more then 2000. Rebels during thirty miles march he valiantly repelled them and safely retired to the garrison The Lord Deputy leaning the Fort at the Blacke-water well guarded to the charge of Captaine Thomas Williams withdrew the Forces towards the Pale Now the Rubels tossed betweene hope feare and shame resolued to besiege the Fort and Tyrone thought his reputation lost if he recouered it not and so with ioynt force they compassed and assay led the same Whereof the Lord Deputy being aduertised with all possible expedition gathered the forces to leade them to the reliefe of that fort and the Rebels hearing of his Lordships approach quitted the siege of the Fort and retired into their strengths Whereupon the Lord Deputy marched forward and hauing passed the Blackwater Fort and purposing to enter and passe the pace leading to Dungannon Tyrones chiefe House he fel suddenly sicke and being carried backe in his horse litter to Armagh and thence to the Newry died in the way to the great ioy of the Rebels deiected with his sharpe prosecution and bold aduentures and to the no lesse griefe of the English erected with hope of good successe Howsoeuer many of good iudgement held his purpose of passing to Dungannon very dangerous and altogether fruitlesse since no garrisons being planted to gaine ground no other issue could be hoped in the best euent then a bragge of courage in passing to Tyrones cheefe feate which no other Deputy had yet attempted And as they greatly commended the Lord Deputies valour in these actions so they feared the ingaging and losse of the Queenes Army by this or some like bold attempt After his death Sir Thomas Norreys Lord President of Mounster was vnder the great seale of Ireland prouisionally made Lord Iustice of the Kingdome as the customeis in such sudden changes who repaired to Dublin and there executed his place for one month as I thinke of September and no longer for he being sick cast down in minde by the great sorrow he had conceiued for the late death of his worthy brother made great suite to the Queene and the Lords in England to be eased of this burthen of being Lord Iustice and to haue leaue to retire himselfe to his gouernement of the Prouince of Mounster And so Adam Loftus Lord Chauncellor of Ireland and Lord Archbishop of Dublin and Robert Gardner chiefe Iustice of Ireland by letters out of England the thirteene of October were made Lords Iustices for the ciuell gouernement and the Earle of Ormond with title of Lord Liefetenant of the Army was authorized to command in cheefe for all martiall affayres Tyrone after his old custome flies vnto the Lord Lieftenant with protestations of loyalty and complaines of wrongs inforcing his disloiall courses which his Lordship aduertising into England receiued authority from thence to treat with Tyrone about his submission hauing Sir Geffery Fenton Secretary of Ireland ioyned with him for an assistant Hereupon ensued a meeting at Dundalke on the 22 of December where Tyrone made his most humble submission in writing acknowledging her Maiesties great mercie in giuing him and his Associates their pardons vpon former submissions and vpon the knees of his heart as he writes professed most heartie penitencie for his disloialtie and especially his foule relopses thereinto humbly befeeching the Lord Lieutenant to be a meanes to her sacred Maiestie for his pardon withall making knowne his grieuances which how soever they could not iustifie his offence yet might in some measure qualifie the 〈◊〉 thereof And till these might be booked to be sent ouer with his Submission most humbly crauing of his Lordship to grant a truce or cessation of Armes for eight weeks following And further to the end it might appeare that his submission proceeded from his heart promising that for the time of this cessation there should be no impediment giuen to her Maiesties Ministers bringing victuals to Blackwater Fort yea that for a poore token of his humblest duty hee would voluntarily giue to the hands of the Captaine fortie Beeues and suffer the souldiers to cut and fetch in wood or any other prouisions For his performance whereof hee offered presently to giue Pledges to his Lordship The same day hee subscribed the following articles propounded to him by the Lord Lieutenant First he promiseth for him and his associates faithfully to keepe her Maiesties Peace during the cessation Secondly that hee will presently recall all Vlster men sent by him into Lemster leauing those who should not obay his directions to the Lord Lieutenants discretion Thirdly it any during the Truce shall breake into Rebellion he promiseth not to aide them so as none depending on his Truce be in the meanetime taken in by the State without his consent Fourthly he agreeth to a generall Liberty of buying necessaries for his men in the Pale and for the Queenes subiects in Vlster and nothing to be forceably taken on either side Fiftly that vpon pretended wrongs no reuenge be taken but restitution be made within ten dayes after complaint Sixthly that during the Truce hee shall haue no intelligence with the King of Spaine or other forraine Prince but acquaint the State with any message hee shall receiue or proiect he shall heare Seuenthly that he shall presently draw a booke of his grieuances such as he can proue without mention of friuolous matters vnworthie her sacred Maiesties view Eightly that he will deliuer into the Fortforty Beeues and giue safe conduct to her Maiesties Ministers to vittaile the said Fort of Blackwater and suffer the souldiers to cut and fetch wood on the South-side of Armagh and for all other necessaries permit them to agree with the owners so as they come not of themselues into his Countrie but haue his men with them in company Ninthly that any prey being tracked into his Countrie he shall make restitution and deliuer the theeues to be executed and if any be stopped from following of his track the stopper shall answere the goods so tracked which course the Lord
Lieutenant promised likewise to hold towards him and his associates The foure and twentie of December Tyrone aduertised the Lord Lientenant that he serued the Fort with fortie Beeues but the Captaine had refused ten of them wherein his discretion was taxed by the Lord Lieutenant since they were of voluntarie gift Yet Tyrone promised to send ten other of the best he had in lieu of them The eighteenth of Februarie Brian Oge Orwarke commonly called Ororke Lord of Letrym commonly called Ororkes Country submitted himself in a great assembly on his knees to her Maiestie before Sir Conyers Clifford Gouernour of Connaght subscribing further to these Articles First that he and his followers promised in all humblenesse to performe all duties to her Maiestie as becommeth good subiects Secondly that he will receiue her Maiesties Sheriffes and yeeld them all due obedience Thirdly that he will pay to her Maiestie her composition or rent and yeeld to her Highnes all seruices according to his new Patent to be granted Fourthly that hee shall send out of his Countrie all strangers to their owned welling places Fifthly that hee will apprehend all Rebels Theeues or Malefactors comming into his Countrie sending them and their goods to the Gouernour Sixthly that hee will deliuer Pledges for his Sept or Family and the chiefe Septs with him within twentie dayes Hereof Sir Conyers Clifford aduertised the Lords Iustices praying that in regard of the strength and fastnesse of Ororke Country he might not bee discontented with hauing Becues takes from him for reliefe of the Army without payment of ready money for them since that course had already grieued all the Submitties Further he shewed that the Countrie of Ororke was most necessary to be defended For howsoeuer it was held by Sir Richard Bingham the last Gouernour as by Conquest vpon expelling of the aboue mentioned Ororke yet then it was all waste so as the Rebell could make little vse of it whereas now it was most replenished with cattle and therefore like to be assaulted by Tyrone and Odennel incensed against Ororke by reason of this his submission Besides that the Queenes forces could lie no where so fitly for seruice as vpon the Earne nor there bee relieued but by Ororke nor receiue reliefe with his contentment but by paying ready money Lastly hee shewed that all the people vpon the Earne and in those parts excepting Mac William had submitted themselues to her Maiestie and deliuered Pledges for their Loyalty being glad to liue vnder her Maiesties Lawes and onely terrified with the burden of relieuing the souldiers without paiment for their cattle Therefore he desired that two of the priuy Counsell might bee sent ouer to take knowledge of such grieuances as the Submitties should present vnto them and to take order for their satisfaction These goodly submission had all the same issue as followeth in that of the famous Faith-breaker Tyrone Since the last meeting of the Lord Lieftenant with Tyrone at Dundalke his Lordship had sent ouer into England Tyrones humble submission and the Booke of his grieuances and had receiued authority from her Maiesty to make a finall conclusion with the Rebels and now at another meeting in Dundalke on the fifteene of March the Lord Lieftenant signified to Tyrone that her Maiesty by his humble submission had beene induced againe to receiue him to mercy and to giue him and all the Inhabitants of Tyrone her gracious pardon vpon conditions following First that he renew his humble submission to the Lord Liefetenant on her Maiesties behalfe in some publike place 2. That he promise due obedience of a Subiect and not to intermeddle with the Irish nor his adherents not onely hereafter but now leauing them to themselues that they may become humble suitors for their owne pardons in which case it is promised them also 3. That he dispierce his forces vpon receit of his pardon and dismisse all strangers Irish Scots or others 4. That he renounce the name and title of Oneale 5. Not to intermeddle with her Maiesties Vriaghtes so the Irish call the bordering Lords whom the Vlster Tyrants haue long claimed to be their vassals 6. That he build vp againe at his owne charges the Fort and Bridge of Blackewater and furnish the souldiers with victuals as formerly he did 7. That he deliuer to the Lord Lieftenant the sonnes of Shane Oneale who were her Maiesties prisoners till breaking out they fell into his hands and were imprisoned by him 8. To declare faithfully all intelligence with Spaine and to leaue it 9. That he receiue a Sheriffe for Tyrone as all other Countries doe 10. That he put in his eldest sonne for pledge and at all times come to the state being called 11. That he pay a fine in part of satisfaction for his ofsence according to her Maiesties pleasure 12. That he aid no Rebell nor meddle with the Inhabitants on the East side of the Ban yet so as he may enioy any lands or leases he hath there 13. That he receiue not any disloyall person but send such to the chiefe Gouernour To the first and second Articles Tyrone agreeth so as time might be giueu for the other Lords his associates to assemble that they might herein lay no imputation on him To the third he agreeth crauing a generall pasport for all such strangers To the fourth he agreeth For the fifth he saith that he desireth nothing of the Vriaghts but such duties as they yeelded since his Grandfathers time To the sixth he agreeth The seuenth he refuseth because he had not those prisoners from the State To the eight he agreeth To the ninth he agreeth according to the statute appointing a gentleman of the Countrey to be chosen yet crauing for 〈◊〉 for a small time The tenth be refuseth for the pledges in particular 〈◊〉 the eleuenth he agreeth to a 〈◊〉 of fiue hundred Cowes yet praying the Lord Lieftenant to 〈◊〉 〈◊〉 to her Maiesty for the remittall thereof To the twelfth he agreeth 〈◊〉 〈◊〉 the last he agreeth prouided that he would deliuer no man to the State who came to him for cause of conscience 〈◊〉 Finally in regard Odonnell and other of Tyrone 〈◊〉 did not then appeare and in that respect the Lord Liefetenant had beene pleased to grant him further day 〈◊〉 for tenth of Aprill following he promised vpon his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and by his hand writing that in case they or any of them should not then appeare and submit themselues yet he at that time would 〈◊〉 submission and humbly craue and receiue her Maiesties gracious pardon and goe 〈◊〉 with all things requisite for a perfect conclusion and to deliuer in two pledges of his faith to be chosen out of a schedule presented to the Lord Lieftenant the same to be changed according to the agreement and if the Mores and Conners for whom he had obtained protection should violate this 〈◊〉 that he would no way giue aide or assistance to them Herevpon at the instance
two pound thirteene shillings foure pence The Surueyer of the victuals one hundred forty three pound sixe shillings eight pence The King at Armes thirty fiue pound sixe shillings eight pence The Seriant at Armes eighteene pound two shillings two pence halfe penny farthing The Pursiuant at Armes thirteene pound sixe shillings eight pence The Irish Interpreter seuen and twenty pound seuen shillings sixe pence Officers about the Custome forty pound For Creation money to Noble men the Earle of Ormond thirty pound The Earle of Kildare twenty pound The Earle of Clanrickard forty pound The Earle of Thomond twenty pound The Baron of Kaher fifteene pound Diuers annuities procurations two hundred fourescore nineteene pound nineteene shillings three pence halfe penny For Parchment Paper Inke Bagges c. In the Exchequer Kings Bench and Common Pleas two hundred fourescore two pound ten shillings eight pence For other payments by warrant two hundred sixe and twenty pound two shillings foure peece In the County of Wexford the Iustice of the liberties twenty pound The Senescall fiue twenty pound The Receiuer twenty pound The Marshall forty shillings The totall of these being paid in Irish money is foure thousand six hundred fifteene pound thirteene shillings halfe penny which reduced to sterling money makes three thousand foure hundred threescore one pound thirteen shillings nine pence Fourthly for Officers in Lemster the Lieftenant of the Queenes County one hundred twenty one pound thirteene shillings foure pence The Prouost Marshall of the Army threescore and seuenteene pound eleuen shillings three pence The Prouost Marshall of Lemster one hundred and two pound thirteene shillings one penny halfe penny These paid in sterling money amount to three hundred one pound sixteene shillings eight pence halfe penny Fifthly for Officers in Mounster the Lord President one hundred three and thirty pound sixe shillings eight pence His diet with the Counsell allowed at his table fiue hundred twenty pound His Retinue of twenty foot with the Officers and of thirty Horse eight hundred and three pound The chiefe Iustice one hundred pound The second Iustice threescore sixe pound thirteene shillings foure pence The Queenes Attourney thirteene pound sixe shillings eight pence The Clerke of the Councell twenty pound The Clerke of the Crowne twenty pound The Seriant at Armes twenty pound The Prouost Marshall two hundred fiue and fifty pound ten shillgs The totall being paid in sterling mony is one thousand nine hundred fifty one pound sixteene shillings eight pence Sixtly for Officers in Connaght the chiefe Commissioner or Gouernour one hundred poundshis diet with the Counsel at his table one hundred fourescore two pound ten shillings An allowance to himselfe forty pound The Iustice one hundred pound The Queenes Attourney twenty pound The Clarke of the Crowne twenty pound The Clarke of the Counsell twenty pound The Seriant at Armes twenty pound the Prouost Marshall two hundred threescore and foure pound twelue shillings sixe pence An increase of pay to the present chiefe Commissioner two hundred fourescore two pound ten shillings The totall being paid in sterling money is nine hundred forty nine li. twelues fixed Seuenthly certaine bands of Irish kerne fiue hundred threescore nineteene pound eight shillings nine pence Eightly for warders in seuerall Prouinces three thousand fiue hundred threescore and seuenteene pound two pence halfe penny Ninthly for Commissaries of Musters fiue hundred threescore seuenteene pound eighteene shillings foure pence Tenthly Pensioners of all sorts as well recorded in the Office of Musters as those holding by Patent and recorded with the Auditor some holding for tearme of yeers some during life some during good behauiour some during pleasure three thousand two hundred forty nine l nine d. Lastly Almes-men fourescore eight l. nineteene s. foure d. ob The totall of the aboue named charge not contained in the establishment is twenty one thousand three hundred twenty eight l. eight s. seuen d. ob Adde to this the establishment two hundred threescore seuenteene thousand seuen hundred fourescore two pound fifteene shillings The totall of the yeerely charge is two hundred fourescore and nineteene thousand one hundred eleuen pound three s. seuen d. ob To which if you adde the great charge of all sorts of Munitions with the like extraordinary expences and doe also consider that the thirteene hundred Horse and sixeteene thousand Foot by new supplies were made fully twenty thousand the heauy burthen of this yeeres warre in Ireland will appeare The Earle of Essex had in speciall charge from the Queene to bend all his forces against the chiefe Traitor Tyrone and the Vlster Rebels his confederates and withall to plant Garrisons at Loughfoyle and Balishannon to the end they might at the same time assayle him and them at the backe both which courses his Lordship had in all counsels perswaded and often taxed the omissions of them Thus with happy acclamations of the people who to so worthy a Generall in the head of so strong an Army did ominate nothing but victory and triumphes yet with a Sunne-shine thunder happening as Master Camden notes for an ominous ill token This noble Lord accompanied with the flower of the English Gentry and conducted on his way with many of the Nobility tooke his iourny from London towards Ireland in the end of the Moneth of March and the beginning of the yeere 1599 and though crossed with tempestuous weather wherein the Earle of Kildare and some gallant gentlemen accompanying him in a little barke chosen of purpose for speed were vnfortunately cast away landed within few dayes at Dublin where according to the manner of other Gouernours he receiued the Sword Vpon his Lordships demaund to bee aduertised from the Counsell of the present state of that Kingdome a Collection thereof debated and agreed vpon in Counsell and signed by the Counsellers was presented to his Lordship the seuenteenth of Aptill being to this effect First for the Prouince of Lemster in the Countie of Dublin all the Mountainers were in actuall rebellion as Phelim Mac Feagh and his brother Redmond with their Sept or name of the O'yrns and Phelim Mac Feagh with his Sept of the Otooles and Walter Mac Edmond chiefe of the Galloglasses with his Sept of Mac Donnels onely two Castles Newcastle and Wickloe Sir Henrie Harrington held for the Queene and all the rest of the Countrie continued loyall The Rebels thereof were in number foure hundred eightie Foot and twentie Horse In the County of Kildare Iames Fitzpierce a Geraldine two Geraldines base brothers to the late Earle of Kildare some of the Delahides some of the Odempsies and some of the Eustaces of which Sept was the late Vicount Baltinglasse attainted all in action of Rebellion were in num ber two hundred and twentie Foote and thirtie Horse All the rest of the Countrie being wasted by the Rebels yet held for the Queene In the County of Carlogh being little and all wasted the Castles of Carlogh and Laughline and her Maiesties
Captaine foure shillings per diem Lieutenant two shillings sixe pence per diem Cornet two shillings per diem Fiftie horsemen at twelue pence a peece per diem Summa per annum twenty nine thousand two hundred threescore thirteene pound The pay of twelue thousand footmen diuided into 120 Bands each Band consisting of a hundred heads viz. Captaine foure s. per diem Lieutenant two shillings per diem Ensigne eighteene d. per diem two Serieants a Drum and a Surgion at twelue d. a peece per diem and fourescore fourteene Souldiers and sixe dead payes at eight d. a peece per diem Summa per annum one hundred threescore eleuen thousand one hundred fourescore and fiue pound Extraordinaries viz. for sending of letters hyring of Barkes for passage of packquets for gifts and rewards for espyes from abroad or at home carriage of treasure victuall or munition and the like c. for a whole yeere foure thousand pound Summa totale per annum two hundred eight thousand nine hundred and eleuen pound The Lord Mountioy hastened away from Court did not stay for the Lords signing of the aboue mentioned second establishment as a thing of ordinary course continued for many yeeres with little or no alteration And being now in this iourney towards Ireland the tenth of Februarie he wrote to Master Secretarie from Daintrie intreating him that whereas her Maiestie not withstanding the contrary opinion of all admitted to that consultation had reduced the Army to twelue thousand foote and that hee found by letters from the Counsell and other Commanders in Ireland a general concurring in opinion that these forces were not sufficient especially since the Plantation of Loughfoyle and Ballyshanon Garisons were presently to be made and that Tyrone was now Master of the field hauing led his forces in person as farre as Mounster he would moue her Maiestie to giue him power to retaine one or two thousand in Lyst of those English which otherwise he was to cast The aboue mentioned second Establishment or Lyst of diuers Officers and Seruitors not contained in the former Establishment which list was signed by the Lords the eleuenth of Februarie the end of the yeere 1599. THe Lord Deputies ordinarie entertainement per mensem one hundred pound per annum thirteene hundred pound To him for a Band of horsemen in his family foure pound foure shillings per diem To him for fiftie footmen in his family eight pence a man per diem The Treasurer at Warres per diem thirtie fiue shillings The Marshall at fiue shillings nine pence per diem The Master of the Ordinance per diem three and twentie shillings eight pence Note that the aboue named as also the chiefe Gouernours of Prouinces vndernamed had besides in the Army the command of a Band of foote or horse or both Diuers Ministers of the Ordinance per diem twentie fiue shillings two pence Mustermaster two shillings eight pence per diem Summa per annum fiue thousand three hundred seuen 〈◊〉 seuen shillings eleuen d. The Lord President per annum one hundred thirtie three 〈◊〉 his diet at ten pound a weeke and so per annum fiue hundred twenty pound His guard of horse and foote at thirtie shillings seuen pence halfe-penny per diem Chiefe Iustice per annum one hundred pound Second Iustice sixty sixe pound thirteene shillings foure pence Queenes Atturney thirteene pound sixe shillings eight pence Clerke of the Counsell twentie pound Prouost Marshall two hundred fiftie fiue pound ten shillings Summa per annum one thousand sixe hundred threescore seuen pound eight shillings two pence halfe penny Gouernour of Connaght per diem ten s. for increase per annum one hundred 〈◊〉 Chiefe Iustice per annum one hundred pound for his diet fortie pound Clerke of the Counsell twenty pound for his diet twenty pound Prouost Marshall one hundred two pound thirteene shillings one peny half-peny besides twelue Horse out of the Armie Summa per annum fiue hundred sixtie fiue pound three s. two pence halfe-penny Gouernor at Loughfoyle per diem foure shillings foure pence besides his entertainement as a Colonel Gouernour of Carickfergus and Dundalke no entertainement but as Colonels of the Army Summa per annum threescore pound sixteene shillings eight pence Gouernour of the Queenes Countie at sixe shillings eight pence per diem Prouost Marshall of the Army per diem foure shillings three pence Prouost Marshall of Lemster fiue shillings seuen pence per diem And to both Prouosts Horses to bee assigned out of the Army at the Lord Deputies discretion Samma per annum three hundred one pound two shillings seuen pence Warders in diuers Prouinces three thousand thirtie one pound seuen pence halfe-penny Pensioners fortie foure at foure pound nineteene shillings two pence per diem Almesmen foureteene at sixe pence Irish a peece per diem Commissaries of Musters twenty at sixe shillings eight pence a peece per diem Summa per annum three thousand one hundred twenty two pound fiue s. sixed Summa totalis per annum fourteene thousand fiftie fiue pound foure shillings eight pence halfe-penny The same day this List was signed being the eleuenth of Februarie the Lords by their letters to the Lord Deputie being yet in England but newly gone from London and in his way towards Ireland appointed that the ships of Bristol which had transported one thousand two hundred foote from thence to Dublin should there be staied to the end they might transport a thousand men which were to be sent from Dublin to meete with three thousand more sent out of England out of which the Garrison of Caricksergus was to be strengthened and a new Garrison planted at Loughfoyle The Lord Mountioy lying at Westchester for a passage into Ireland and there receiuing notice that the imprisoned Earle of Essex had signed a submission to the Queene whereupon her Maiestie began to be inclined to shew him mercy directed his letters thence the eighteenth of Februarie to Sir Robert Cecill Secretarie of State therein auowing that as his loue made him interessed in that noble Earles fortunes so hee would thankefully acknowledge from him such fauour as he should be pleased to shew that distressed Earle withall protesting that he would alwaies be a free man and slaue to no mans humour but as he in this Irish imployment expected all fauourable seconds from him according to his noble promise whereupon his hopes chiefely rerelied so he would euer be honest and thankefull towards him in all occasions And vpon these termes all exchange of good offices passed betweene this Lord Deputie and Master Secretarie till the fatall death of that noble Earle of Essex hereafter to bee mentioned and the Lord Deputies participation of that ruine made him change his stile and neuer to cease till hee had confirmed a neere frendship betweene himselfe and the Secretary at least as intire as greatnesse admits as hereafter shall bee shewed The twentie sixe of
foure Ensignes of the Citie take to them sixteene out of all the Citizens and these twenty men with the Consull chuse the greater Senate First they inquire after those two hundred that were of the Senate and if any of them hath disgraced his dignity by any ill act they put him out of his place and towards Easter they chuse new Senators into the places of them and of such as are dead and the Serieants make this election knowne to them that are chosen All the Magistrates are chosen and then all the Citizens haue feasts in their seuerall Colledges or Halles and after dinner they passe the time in games and diuers exercises Then the Consul with the twenty men called the Electors doe meete againe and chuse the Senatours of the lesser Counsell who the day following are approued by the greater Counsell At Lucern twice each yeere they make election of Senators into the greater or lesser Counsell if any places be voide namely about each Solstice of the yeere And the Senators are chosen by those of the greater Counsell who gouerned the last halfe yeere The Consuls are chosen by the common voices of both the Counsels and these Consuls are chosen for a yeere at Lucern for two yeeres at Bern though for forme yeerely Voyces be giuen and so they may seeme to be newly chosen At Bern the chiefe authoritie next to the Consuls is giuen to the foure Ensignes vulgarly called Venner which are chosen of the foure Colledges or Hals of the Smiths Shoomakers Bakers and Butchers and the City is diuided into foure parts each part committed to one of the Ensignes to visit their Armes and ouer-see all military duties and they execute this place foure yeeres though for forme they yeerely resigne their Banners vp to the Senate and if in the meane time any one of them die another is set in his place to fulfill the rest of the yeeres as deputy to his Predecessor and then exercise the place foure yeeres more for himselfe In all the Cities of Sweitzerland the Treasurers or Tribunes of the Exchequer are of great reputation who exercise that Office not for any set time but so long as the Senate will and themselues like At Bern the Consuls the Ensignes and the Treasurers adding one Senator of the Counsel of 200 make the Priuy Counsell to which all secrets are first brought In these Cantons as I said the Magistrates are chosen by publike voices and so are the officers but the places of lesse dignity as Serieants watchmen are bestowed by the lesser counsell It is peculiar to those of Bern that they admit no man into the lesser counsel who was not borne in the City and of old they admitted not the very sonnes of Senators into that Counsell if they were borne out of the City but in these daies for the publike good the Sonnes of the absent are as if they were borne in the City but into the greater counsell they admit those that are borne out of the City so they be the children of Sweitzers or any confederates for stangers are also excluded from being of the Senate of 200. All bastards or infamōus persons are excluded from being of any Senate at all The Canton of Bern hath three Courts of Iudgement the Iudges of them being chosen by the Ensignes and Treasurers and confirmed by the lesser counsell The first is called the outward Court in which the Consull is President but almost continually the chiefe Apparater or Sergeant supplies his place and he hath twelue Assessors or Assistants whereof one is the last chosen Ensigne and another is chosen of the lesser Counsell the rest being ten are chosen out of the greater counsell or Senate and to them be added one Clarke and two Appariters This Court iudgeth of debts of lesser iniuries as ill words and light blowes and appeale is granted from it to the lesser Senate from that to the sixty men being Senators chosen out of both the Senates and from them to the great Counsell and these Iudges meete daily Tuesday only excepted on which they haue a market The second Court of Iudgement heares the appeales made from those of the Canton which dwell in the territory of Sauoy whereupon it is called Das Weltsch gericht that is the strangers Iustice in which the Treasurer of the French renenues is President and he hath ten Assessors but onely Losanna though of the same territory is exempted from this Iudgement whether once euery two yeeres a Iudge is sent with certaine Assessors to heare their appeales A third court of Iudgement called the Consistory belongs to the discourse of Religion The Canton of Lucerna hath two Courts of Iudgement one called Das Wuchengevicht that is the weekely Iustice which determines of debts and contracts The other of nine men in which iniuries and reproches are punished In the Cantons of Bern Lucern capitall crimes are not tried by any speciall Iudges but both the Senates sit giue sentence vpon them At Bern after sentence is giuen in the Senate the Consull sets in the publike tribunall where the Clerke reades in writing the prisoners confession and the sentence of the Senate which done the Consull commands the hangman to doe execution and the Prisoner to be deliuered to his hands And at Lucerna the Senate iudgeth all capitall crimes not only for the Canton but also for the Presectures or Gouernements and all executions are done within the City wheras Bern appoints speciall Iudges for capitall crimes in the gouernements the Gouernour being President but their sentence there giuen may bee changed or mitigated by the Senate of Bern which commandeth ouer larger gouernements then any other Canton At Friburg the greater Senate consists of two hundred Senators which manageth all publike affairee and things of greatest moment The lesser Counsell or Senate is of twenty foure men and iudgeth of Citizens causes and appeales made by the subiects and the Consull is President of both Senates who is chosen by all the people for 3 yeres vpon the day of S. Iohn Baptist as the choises of Senators is yerely made vpon the Sunday next before that feast The foure Ensignes are next to the Consull and are set ouer the 4 parts of the city and howsoeuer they are not Senators of the lesser Senate yet they are alwaies present at their meetings in the name of the people they performe this office for three yeeres being chosen by both the Senates as most of the Magistrates are likewise chosen by them The Treasurer is next in dignity who ouersees the treasure and the buildings and holds his office for three yeeres but yeelds account twice euery yeere to the Senate They haue foure chiefe Clarkes or Secretaries and the Office of the chiefe Apparater exercised by one man for three yeeres is honourable here as at Bern for commonly he assists the Consull and when the Senate meetes stands at the doore takes the Senators voices and hath the care of
Colledge Cluniacense the Pallace of the Baths which they say was built by Iulius Caesar and is so called either of the bounds of the Tributes or of the Baths of Iulian the Apostata the waters whereof are drawne from a Village adioining and the Colledge of eighteene and vpon the left hand the Colledge of Hericuria the Colledge of Iustice the Colledge of the Treasurers the Colledge Baionium the Colledge Scensa and the Colledge Turonense The fifth Gate on the West side is called O Saint Germain and without the gate is a suburbe all suburbes are vulgarly called Faulxbourg which is large and was pulled downe to the ground in the ciuill war And there King Henry the fourth lay encamped when he besieged the City In this suburbe is the monastery of Saint Germain not inferiour to any in wealth and indowed with great priuiledges and iurisdiction where the old Kings Childebert the second and Ckilperit the fourth and Clotharius the second lie buried and there is a chest of siluer the gift of King Eudo. On the right hand as you come into this Gate in the Minorites Cloyster are the sepulchers of the Queenes and Princes whereof one being of blacke marble with white statuaes is the fairest my memory herein may faile me that there is another Cloyster of Minorites without the gate of Saint Marcellus Also there lie the Colledge Brissiacum and vpon the left hand the house Rothomagensis the Colledge of Burgondy the house of Rhemes the Colledge Mignonium the Colledge Praemonstratense and the Colledge Dinuellium The sixth Gate is called P Bussia and vpon the right hand as you come in lies the Colledge Anthunense and vpon the left hand lies the house Niuernensis The seuenth and last Gate of the Vniuersity lies towards the northwest is called Q Nella and without the same is the meadow of the Clerkes On the right hand as you come in this gate lie the house Nella the Colledge of Saint Denis and the house of the Augustines wherein is the sepulcher and liuely Image of Phillip Comineus And vpon the left hand lie the lower Tower Nella and the Westerne bank of the Riuer Seyne These are the fairest streetes of the Vniuersity the first of Saint Victoire the second of Saint Marcellus the third of Saint Iames the fourth of Saint Germain the fifth of the Celestines vpon the banke of the Riuer the sixth of the mountaine of Saint Genouefa the seuenth of Saint Michaell and the eight of the Augustines vpon the banke of the riuer Seyne The third part of the City is the Iland compassed round about with the Riuer Seyn It had of old foure Gates vpon the foure bridges but seemes to haue had no gate vpon the fifth bridge called Pont aux musniers which in this discription I reckon to be the third gate In the vpper part of the Iland towards the South-east is a fenny market place called the Marsh that is the Fen. Neer that lies R the Cathedrall Church of the blessed Virgin which King Phillip Augustus began to build in the yeere 1257 the foundations being before laid by an vncertaine founder and it is reputed the chiefe among the miracles of France It is supported with one hundred and twenty pillars whereof one hundred and eight are lesse and twelue very great being all of free stone The Chauncell is in the middest of the Church which hath 〈◊〉 walking paces in length and sixty paces in bredth and all the Chauncell is compassed with stone wherein the Histories of the old and new testament are engrauen It hath forty fiue Chappels in the circuit thereof which are shut vp with grates of Iron In the Front it hath two double doores with faire statuaes of twenty eight Kings Vpon the sides are foure Towers or belfreyes thirtie foure Cubits high The greatest bell called Marie requires twentie foure men to ring it and the sound thereof in faire weather may bee heard seuen leagues of In a Chappell towards the South are the statuaes of King Lewis the fat and of his son Phillip with the Image of a hog because he died with a fal from his horse stumbling vpon a hog On the North side is a mark that the ouerflowing of the Riuer Seyne passed the outward statuaes from that of Phillip Augustus King Phillip of Valois hauing gotten a victory against the Flemings in the yeere 1328 offered his Horse and armour to the blessed Virgin and gaue the Chanons an hundred pounds yeerely rent to whom for that cause a Horse-mans statua is there erected Also there is a Giantlike statua erected to Saint Christofer in the yeere 1413 by Antony Dessars Knight In the lower part of the Iland towards the North-West the Church of S Saint Bartholmew is seated which was built by King Phillip the faire and after was turned from the Kings Chappell to a Monastery by King Lotharius in the yeere 973 and then became a parish Church whereof the King in respect of the old Pallace was the chiefe Parishioner and I thinke is so still It became most famous in that the bell of that Church was sounded vpon the verie day of Saint Bartholmew in the yeere 1572 to giue a signe to the Regalists and Guisians that they should kill those of the reformed Religion whom they had drawne to the Citie vnder pretence of loue and could not otherwise haue ouercome as they found by experience of their valour Neere that lyes the Kings greater T Pallace wherein the old Kings kept their Court but it hath since been vsed for the Courts of iustice and pleading of Lawyers In the great Hall hanges vp a dried Crocodil or a Serpent like a Crocodil There bee the painted Images of all the French Kings from Pharamund There is a statua of a Hart with the head and necke of Gold set there in memory of the Treasurers who in the time of King Charles the sixth turned the money in the Exchequer into that forme lest it should be wasted Here was painted vpon the wall neere the Tower vpon the top of the staires of the great Hall the Image of Engueranus Morignon Earle of Longauille and ouerseer of the building of this Pallace vnder King Phillip the faire with this inscription Chascun ' soit content de ses biens Qui n'a suffisance iln ' a riens Be thou content with the goods thee befall Who hath not enough hath nothing at all This was spoken like a Philosopher but the same man vnder Lewis Hatinus was hanged for deceiuing the King and this his Image was broken and kicked downe the staires In the Hall of the Pallace is a Marble Table at which Kings and Emperours were wont to bee feasted The Chamber of the Pallace where verball appeales are decided is called The golden Chamber and it is adorned with stately and faire arched roofes carued and pictures and there the Image of a Lyon with the Head deiected and the Tayle drawne in remembers the Pleaders of their dutie Lewis the
thirtie shillings a day the Sergeant Maior twentie shillings a day the Lieutenant of the Horse twentie shillings a day The Quartermaster twentie shillings a day the Iudge Marshall twentie shillings a day the Auditor Generall thirteene shillings foure pence a day the Comptroler generall of the victuals ten shillings a day the Lieutenant of the Ordinance ten shillings a day the Surueyer sixe shillings eight pence two Clerkes of Munitions each fiue shillings a day foure Corporals of the field sixe shillings eight pence a day a peece one Commissarie of victuals eight shillings and three other each sixe shillings a day The Carriage Master sixe shilling eight pence a day and twentie Colonels each ten shillings a day whereof the totall in the yeere amounts to thirteene thousand one hundred twentie seuen pound sixteene shillings eight pence It contained further the pay of thirteene hundred Horse diuided into sixe and twentie Bands each Band hauing a Captaine at foure shillings a day a Lieutenant at two shillings sixe pence a day a Cornet at two shillings a day and fiftie horsemen each at fifteene pence a day whereof the totall in the yeere amounts to one and thirtie thousand foure hundred eight pound fiue shillings It contained further the pay of sixteene thousand footemen distributed into one hundred and sixty Bands each Band hauing a Captaine at foure shillings a day a Lieutenant at two shillings a day an Ensigne eighteene pence a day two Sergeants a Drum and a Surgeon each at twelue pence a day and ninetie foure souldiers and sixe dead paies allowed to the Captaine at eight pence each by the day whereof the totall in the yeere amounts to two hundred twenty eight thousand two hundred fortie sixe pound thirteene shillings foure pence Lastly it contained an extraordinarie supply of six thousand pound to be allowed by concordatum for Spies Guides Messengers Barkes hiring keeping of Prisoners buildings reparations rewardes and like charges the totall of the Establishment by the yeere amounts to two hundred seuenty seuen thousand seuen hundred eighty two pound fifteene shillings Besides her Maiesty was at great charge for many things not contained in the establishment as followeth First for Officers generall The Lord Lieftenant for his ordinary entertainement by the yeere one thousand three hundreth pound His Lordships Band of Horse by the yeere one thousand fiue hundred thirteene pound two shillings six pence His Lordships fifty footmen by the yeere six hundred eight pound sixe shillings eight pence Both these bands of horse and foot being not of the Army I take to be allowed him for his followers and the seruants in his family besides his company of horse and foot in the Army the Treasurer at warres by the yeere sixe hundred eight and thirty pound fifteene shillings The Marshall of the Army by the yeere one hundred foure pound eighteene shillings and nine pence The Master of the Ordinance for himselfe by the yeere foure hundred fifty pound three shillings foure pence and for Clerkes Gunners and Ministers of the Ordinance by the yeere foure hundred fifty nine pound fiue shillings ten pence The Muster-Master generall by the yeere two hundred nine pound seuenteene shillings six pence Secondly for chiefe Officers newly erected The Gouernour of Loghfoyle by the yeere three hundred sixty fiue pound The Gouernour of Caricfergus by the yeere one hundred eighty two pound ten shillings The Gouernour of Dundalke as much The Commander of the Forces at Rathdrum and Wickelow as much The Commander of the Forces in Ophaly as much The Commander of the Forces at Cauan as much These payments being made in sterling money doe amount to sixe thousand fiue hundred fourescore ten pound nineteene shillings seuen pence Obserue that all these aboue named Officers excepting the Muster-Master as also the Lieftenant of the Army The Generall of the Horse The Seriant Maior And likewise the Gouernours of Prouinces and Garrisons haue all beside their fees the command of a band of Horse or of Foot or of both Thirdly for Officers in the foure Courts and certaine Pattentees In the Exchequer the Earle of Ormond Lord Treasurer of Ireland hath for his fee forty pound The Treasurer at warres threescore sixe pounds thirteene shillings and foure pence The chiefe Baron threescore and eleuen pound ten shillings and in augmentation fourescore eight ponnd seuenteene shillings and nine pence The Chancellor foureteene pound The second Baron foure and thirty pound The Auditor Generall two hundred pound The Surueyor Generall fourescore pound The Remembrancer forty pound The Seriant at Law seuenteene pound sixe shillings and eight pence The Attourney Generall one hundred forty nine pound sixe shillings eight pence The Solicitor one hundred forty nine pound sixe shillings eight pence The Escheator six pound thirteene shillings and foure pence The second Remembrancer ten pound ten shillings The chiefe Ingrosser fourteene pound The second Ingrosser nine pound sixe shillings and eight pence The chiefe Chamberlaine thirteene pound six shillings and eight pence The second Chamberlaine sixe pound thirteene shillings and foure pence The Clerke of the first fruits ten pound The keeper of the Records thirteene pound sixe thillings and eight pence The Vsher of the Court three pound sixe shillings and eight pence The Clerke of the Common Pleas three pound sixe shillings eight pence The Transcriptor fifty three shillings foure pence The Deputy Auditor eleuen pound The Vicetreasurers Deputy eleuen pound The Somoniter one hundred sixe shillings eight pence The Marshall of the Court one hundred sixe shillings eight pence A Messenger foure and forty shillings fiue pence farthing Two Pursiuants each eighteene pound fiue shillings fee. In the Kings Bench the chiefe Iustice foure hundred pound The second Iustice one hundred three and thirty pound sixe shillings eight pence The Clerke of the Crowne ten pound In the Common Pleas the chiefe Iustice threescore seuen pound ten shillings and in augmentation fourescore eight pound seuenteene shillings nine pence farthing The second Iustice forty pound and in augmentation twenty pound The Prothonator ten pound In the Chauncery The Lord Chauncellor foure hundred and fifteene pound sixe shillings eight pence The Master of the Roles fifty pound and in augmentation fourescore eight pound seuenteene shillings nine pence Two Ministers each seuen twenty pound thirteen shillings foure pence The Clerke of the Crowne sixe pound thirteene shillings foure pence and in augmentation six twenty pound thirteene shillings foure pence The Clerke of the Hamper foureteene pound Diuers Officers in the Starre-chamber sixe and fifty pound thirteene shillings foure pence Diuers Ministers of the Ordinance holding by Patent one hundred thirty fiue pound thirteene shillings fiue pence farthing The Constable of the Castle of Dublyn and his warders with diuers other Constables and Porters three hundred thirty fiue pound thirteene shillings two pence farthing For Officers of the State The Secretary one hundred sixe pound thirteene shillings foure pence The Clerke of the Counsell threescore and
the iust reward of his foule demerits Notwithstanding we will not mislike to heare from you againe what you haue further discouered and guide our further resolution according to occasions Hereupon we haue thought good to returne this gentleman Sir Oliuer S. Iohns to you with thus much of our mind vpon your late letters and with such other matters as from our Counsell he may haue in charge to impart vnto you being one of whose good discretion and affection to our seruice we are very well perswaded to the end that vpon his arriuall by which time much will be seene of the euent of your late happy successe you may enter into some solid consideration of the forme of gouernement hereafter to be held of the proportions of our army to be continued and of all things that may be likely to settle that State in safety from forraigne attempts and in a better obedience to vs then heretofore When you haue debated and resolued what seemeth good to you there vppon all such points we can be then contented that you send backe this gentleman hether againe instructed therewith And because it will be also needfull for the furtherance of our resolutions here to haue good vnderstanding of the ciuill parts of that gouernement as well as of the martiall and that sute hath beene made vnto vs for Sir Robert Gardener our chiefe Iustice there to be licensed to come hither we shall like well that you send them both to the end that vpon their report of your conceipts there we may enter into more particular consideration of all things incident which vpon their arriuall wee shall be better able to doe Giuen vnder our Signet at our Pallace of West minster the eight day of February 1601. in the foure and fortieth yeere of our raigne The same day Sir Oliuer S. Iohns brought from the Lords in England this following letter to the Lord Deputy AFter our hearty commendations to your good Lordship we haue had in most of our late dispatches so little cause to fill our papers with any thing but with commendations of your Lordships wise proceedings and congratulations for her Maiesties happy successe vnder you as at this time if any other we intended not to mixe this acknowledgement of our extraordinary contentment for your late victory against the Spaniards with any other particular directions especially seeing the change you haue made in that Countrey by freeing the same from forraigne power howsoeuer infested still with an intestine rebellion must in all mens knowledge that are acquainted with the affaires of State haue brought so many changes as we can hardly tell what aduice or direction to offer of new vntill we may receiue from thence some further light of the present State of that Kingdome from you whose owne eye and iudgement is neerest and ablest to performe the same In which consideration seeing it hath pleased her Maiesty by her owne letters not onely to giue you notice of her royall and gracious acceptation of your so noble endeuours but to direct your Lordship also to send ouer hether Sir Robert Gardener and this gentleman Sir Oliuer S. Iohns with relation of all particulars fit for her knowledge we will in expectation hereof forbeare to enlarge our letter any further then with our best wishes to your Lordship of all perfect health and happinesse as those that will euer be found c. The same eight day Don Iean and the remaine of the Spaniards at Kinsale were all embarked ready to be gone The next morning the Lord Deputy left Corke and taking his iourney towards Dublyn arriued that night at Yoghall And because the stormy weather and contrary winds kept the Spaniards still in the Port at Kinsale his Lordship was forced to stay in that Towne some few daies from whence he wrote to Master Secretary into England vpon the twelfth of March aduertising him thereof And further giuing him notice that the other Spaniards which were at Beere-Hauen Castle-Hauen and Baltimore now were gone for Spaine That Don Iean had sent to Corke the pledges promised in the eight article of the agreement That fiue English Companies were lately arriued at Waterford And lastly praying to be excused to the rest of the Lords of her Maiesties Counsell that hee forbare to write vnto them till he came to Waterford where within few daies he hoped to meete the Earle of Ormond and some other of the Counsell and vpon conference with them to bee better able to satisfie their Lordships in some things concerning the present State of this Kingdome according to her Maiesties pleasure lately signified to him by her letters The pledges aboue mentioned were to lie for the safe returne of our ships wherein the Spaniards were embarked These pledges were principall Commanders and among them was one Captaine Moryson of whose bold seruice mention is made in the sally vpon the second of December This gentleman was inuited by the Lord Deputy to accompany him to Dublin the rest of his fellowes still remaining at Corke whether hee was to returne vnto them and they together to be shipped for Spaine vpon the safe returne of our ships In which iourney to Dublyn and during this Gentlemans aboad there I had familiar conference with him for names sake and vnderstood from him that his Family in Spaine was discended of an English Gentleman who followed the Emperour Charles the fifth in his warres and after by his bounty was seated in Spaine where at this day the chiefe of his name had good reuenues The Lord Deputy being come to Waterford did write together with the rest of the Counsell vpon the eighteenth of March this following letter to the Lords in England IT may please your Lordships The eighth hereof wee receiued by Sir Oliuer S. Iohns at Corke the dispatch which it pleased your Lordships to make by him and may not omit with all humble thankefulnesse to acknowledge the great comfort and contentment we haue taken in that it appeareth both thereby and by the relation of Sir Oliuer that her Maiesty and your Lordships haue most graciously and fauourably accepted and allowed our poore endeauours We are most carefull as you haue directed to send Sir Robert Gardener and him vnto your Lordships so soone as I the Deputy can get to Dublyn where Sir Robert Gardener now is and shall haue considered and debated with the Counsell there the businesse wherein your Lordships looke to be thorowly informed In the meane space because that will aske some time wee haue thought fit to acquaint your Lordships how things stand here since our last dispatch The Spaniards for certaine are all gone from Beere-Hauen Castle-Hauen Baltimore and that day that Sir Oliuer S. Iohns did arriue at Corke we heard that all the Spaniards at Kinsale and last of all Don Iean himselfe were shipped and in readinesse to set saile but since we heare that vntill Saturday the thirteenth hereof they could not get forth the Harbour and were
fearefull to come to you and therefore desires my license to go for England which I haue now sent him with this purpose to giue him contentment as much as may bee and yet when he comes to mee I meane to schoole him and so I hope to hold him in good termes for so at this time especially it doth behoue vs to bring our great worke to the better conclusion I make no question but that both he and O Connor Sligo and the rest of them doe all somewhat iuggle and play on both hands to serue their owne turnes and therefore truly deserue the lesse fauour for they so doe here for the most part and yet I winke at it But since it behoneth vs so greatly to draw the warre to an end to ease her Maiestie of that exceeding charge and consumption of men and Armes which her Maiestie and the State of England are growne verie wearie of and indeed vnwilling to continue much longer Wee that are here imployed as chiefe instruments to effect what so earnestly is desired must beare more for our Countries good then our owne natures can well endure and therefore let mee aduise you with much earnestnesse to apply your selfe vnto it as the onely and sole meanes to make our doings acceptable in England where we must be censured and by your next let me know certainly I pray you whether you haue done any thing already for the intituling of her Maiesty to any of their lands in that Prouince or whether you haue any way attempted it or giuen them cause to suspect it I shall be well satisfied with your answere presuming that you will doe it sincerely yet if any such thing be I pray you proceed no further in it but labour by all meanes to winne them both because I know it to be her Maiesties pleasure and that the multitude of Subiects is the glory of a Prince and so euery way it is fittest to reclaime rather then destroy them if by any good meanes it might be wrought O Connor Slige as you know was restrained of his liberty by the Rebels and that I thinke vpon a letter I sent vnto him so that hee hath a iust pretence for his standing out so long and for any action into which he shall enter neither shall we be able to disproue his allegations though perhaps himselfe be not innocent neither at the beginning nor now You must therefore be content to thinke that what he doth is by compulsion though indeed you doe not thinke so for some reasons apparant to your selfe Your stone worke at Galloway about the Bulworkes will I feare proue chargable and very long yet can I doe no more then recommend it to your good husbandry and discretion who may best iudge what is fittest Tyrone is not yet gone ouer the Earne but lies betweene that and Ruske where I haue planted a garrison and another at the Agher hard by the Clogher which lie both very fitly to doe seruice vpon him To the former all the Garrisons neere the Blackewater and that at Mountioy and Monaghan may fitly draw vpon all occasions and so I haue lefe order with Sir Arthur Chichester who hath the chiefe care of all And to the latter and to Omy which is but twelue miles from it Sir Henry Dockwra hath promised me to put vp most of the Forces of Loughfoyle and to lie there about himselfe To Eniskillin or there about Sir Henry Follyot hath direction to draw his whole Force leauing a Ward onely at Ballishannon and Beleeke which is already done but hee hath not his boates yet from you which is a great hinderance vnto him and therefore I pray you send them with all speed possible if they be not gone already Touching your motion for Master Atturney I now returne to Dublyn where if he cause it to be moued at the Table I will with the rest yeeld to any thing that is fit In the meane time you may vse the chiefe Iustice in those businesses who hath allowance for his diet and is of great experience and continuance in that Prouinee so as thereby hee may best know euery mans disposition I pray you let me heare stom you againe with as much speed as you can touching the state of that Prouince vnder your gouernement And so hoping for all these late bruites that we shall not this yeere be troubled by the Spaniards or if we be that their number shall be small for so Master Secretary hath confidently written to me out of England I commend me right heartily to you From the Newry this twelfth of September 1602. The Lord Deputy being arriued at Dublyn and this Summers seruice ended since the composing of the Irish troubles was henceforward to bee wrought by the garrisons planted in all parts vpon the Rebels and the setling of the State to be managed by Counsellors Sir Henry Dauers Serieant Maior of the Armie was the rather induced by the necessity of his priuate affaires to discontinue his seruice in Ireland Whereupon his place of Serieant Maior being void was conferred vpon Sir Arthur Chichester And because Sir Richard Moryson had a pretence to the place by former hopes giuen him from the Lord Deputy his Lordship to giue him contentment raised his Company of foote reduced lately in a generall cash to 150 to the former number of two hundred The seuen and twenty of September the Lord Deputy at Dublyn teceiued from the Lords in England this following letter directed to his Lordship and the Counsell of Ireland AFter our hearty commendations to your good Lordship and the rest of the Counsell there Whereas your Lordship in your late letters of the twenty nine of the last Iuly doth aduertise vs of a great abuse crept in amongst the Ministers of the victuals in that Realme namely that you cannot know from any of them when the victuals arriue in any Port nor whether it be of an old contract or a new nor whether it be for her Maiesty or themselues and by that meanes you can neuer find how you are prouided for nor what you may further expect and which is worse that the Rebels doe get of the best victuals that are sent thither and you cannot call the Victualer to acount thereof because he affirmes stifly that he is warranted by vs to sell it for his benefit and so as he sell it to the subiect how ill soeuer affected it is no fault of his if the Rebels afterwards get it Vpon this information from your Lordship we haue not onely called all the Victualers to account how this great abuse is committed but haue perused our former order taken this time 2 yeers when we contracted with them to appoint commissaries there for the keeping issuing of victuals by whose default being their Ministers it should seeme these lewd parts are plaied Therefore for your Lordships satisfaction in the first point the answer of Tolles and Cockain will suffice who doe absolutely affirme that they sent
to that of fifteene and a halfe and the Latitude extends also foure degrees from the Paralel of fifty foure degrees to that of fifty eight degrees In the Geographicall description I will follow Camden as formerly This famous Iland in the Virginian Sea is by olde Writers called Ierna Inuerna and Iris by the old Inhabitants Eryn by the old Britans Yuerdhen by the English at this day Ireland and by the Irish Bardes at this day Banno in which sence of the Irish word Auicen cals it the holy Iland besides Plutarch of old called it Ogigia and after him Isidore named it Scotia This Ireland according to the Inhabitants is deuided into two parts the wild Irish and the English Irish liuing in the English Pale but of the old Kingdomes fiue in number it is deuided into fiue parts 1 The fast is by the Irish called Mowne by the English Mounster and is subdeuided into sixe Counties of Kerry of Limricke of Corcke of Tipperary of the Holy Crosse and of Waterford to which the seuenth County of Desmond is now added The Gangaui a Scithean people comming into Spaine and from thence into Ireland inhabited the County of Kerry full of woody mountaines in which the Earles of Desmond had the dignity of Palatines hauing their House in Trailes a little Towne now almost vninhabited Not farre thence lies Saint Mary Wic vulgarly called Smerwicke where the Lord Arthur Gray being Lord Deputy happily ouerthrew the aiding troopes sent to the Earle of Desmond from the Pope and the King of Spaine On the South side of Kerry lies the County of Desmond of old inhabited by three kinds of people the Lucens being Spaniards the Velabri so called of their seate vpon the Sea waters or Marshes and the Iberns called the vpper Irish inhabiting about Beerehauen Baltimore two Hauens well known by the plentiful fishing of Herrings and the late inuasion of the Spaniards in the yeere 1601. Next to these is the County of Mec Carti More of Irish race whom as enemy to the Fitz-geralds Queene Elizabeth made Earle of Glencar in the yeere 1556. For of the Fitz-Geralds of the Family of the Earles of Kildare the Earles of Desmond descended who being by birth English and created Earles by King Edward the third became hatefull Rebels in our time The third County hath the name of the City Corke consisting almost all of one long streete but well knowne and frequented which is so compassed with rebellious neighbours as they of old not daring to marry their Daughters to them the custome grew and continues to this day that by mutuall marriages one with another all the Citizens are of kinne in some degree of Affinity Not farre thence is Yoghall hauing a safe Hauen neere which the Vicounts of Barry of English race are seated In the fourth County of Tipperary nothing is memorable but that it is a Palatinate The little Towne Holy-Cresse in the County of the same name hath many great priuiledges The sixth County hath the name of the City Limerike the seate of a Bishop wherein is a strong Castle built by King Iohn Not farre thence is Awue the seate of a Bishop and the lower Ossery giuing the title of an Earle to the Butlers and the Towne Thurles giuing them also the title of Vicount And there is Cassiles now a poore City but the seate of an Archbishoppe The seuenth County hath the name of the City Watersord which the Irish call Porthlargi of the commodious Hauen a rich and well inhabited City esteemed the second to Dublyn And because the Inhabitants long faithfully helped the English in subduing Ireland our Kings gaue them excessiue priuiledges but they rashly failing in their obedience at King Iames his comming to the Crowne could not in long time obtaine the confirmation of their old Charter 2 Lemster the second part of Ireland is fertile and yeelds plenty of Corne and hath a most temperate mild Aire being deuided into ten Counties of Catterlogh Kilkenny Wexford Dublyn Kildare the Kings County the Queenes County the Counties of Longford of Fernes and of Wickle The Cariondi of old inhabited Caterlogh or Carloo County and they also inhabited great part of Kilkenny of vpper Ossery and of Ormond which haue nothing memorable but the Earles of Ormond of the great Family of the Butlers inferiour to no Earle in Ireland not to speake of Fitz pairic Baron of vpper Ossery It is redicnious which some Irish who will be beleeued as men of credit report of Men in these parts yeerely turned into Wolues except the aboundance of melancholy humour transports them to imagine that they are so transformed Kilkenny giuing name to the second County is a pleasant Towne the chiefe of the Townes within Land memorable for the ciuility of the Inhabitants for the Husbandmens labour and the pleasant Orchards I passe ouer the walled Towne Thomastowne and the ancient City Rheban now a poore Village with a Castle yet of old giuing the title of Barronet I passe ouer the Village and strong Castle of Leighlin with the Countrey adioyning vsurped by the Sept of the Cauanaghs now surnamed Omores Also I omit Kosse of old a large City at this day of no moment The third County of Wexford called by the Irish County Reogh was of old inhabited by the Menappij where at the Towne called Banna the English made their first discent into Ireland and vpon that Coast are very dangerous flats in the Sea which they vulgarly call Grounds The City Weshford Weisford or Wexford is the cheefe of the County not great but deseruing praise for their faithfulnesse towards the English and frequently inhabited by Men of English race The Cauci a Seabordering Nation of Germany and the Menappij aforesaid of old inhabited the territories now possessed by the Omores and Ohirns Also they inhabited the fourth County of Kildare a fruitfull soyle hauing the cheese Towne of the same name greatlie honoured in the infancie of the Church by Saint Briget King Edward the second created the Giralds Earles of Kildare The Eblani of old inhabited the territory of Dublin the fifth County hauing a fertile soyle and rich pastures but wanting wood so as they burne Turffe or Seacoale brought out of England The City Dublyn called Diuelin by the English and Balacleigh as seated vpon hurdles by the Irish is the cheefe City of the Kingdome and seate of Iustice fairely built frequently inhabited and adorned with a strong Castle fifteene Churches an Episcopall seate and a faire Colledge an happy foundation of an Vniuersity laid in our Age and indowed with many priuiledges but the Hauen is barred and made lesse commodious by those hils of sands The adioyning Promontory Hoth-head giues the title of a Barron to the Family of Saint Laurence And towards the North lies Fengall a little Territory as it were the Garner of the Kingdome which is enuironed by the Sea and great Riuers and this situation hath defended it from the incursion of Rebels in former
forced to wonder at the quantity varietie and goodnesse thereof which if they were all vnder the command of one Prince no two of the mightiest Kings of Christendome might therein compare with him It remaines briefely to adde something of the Nauall power of the Germans Almost all Germany being within land onely the Cities vpon the Northerne Ocean and vpon the Baltike sea haue any exercise of Nauigation And I did neuer reade or heare that any of them did euer vndertake any long and dangerous voyage by sea nor can their Marriners be praised for their experience or boldnesse compared with the English and Netherlanders The City of Dantzk which for agreement of tongue and manners I reckon among the Cities of Germany though it be in some sort annexed to Poland howsoeuer it is famous for concourse of Merchants and rich commodities yet not vsing to export them in their owne ships but rather to sell them to strangers or to lade their ships especially those of the Hollanders I could not vnderstand that forty ships belonged to that Citie Among the other Cities Lubeck and Hamburg are farre more powerfull in this kind then all the rest ioyned together The Hauen of Hamburg hath commonly great number of shipping and they said that more then six hundred ships did then belong to the City But they being vast and built onely for burthen are held vnfit for warre The City of Hamburg and the other Cities vpon the Northerne Ocean hauing long inioyed peace as neutrals while all their neighbours haue made warre one with the other and none of the Cities excepting Hamburg sending out ships further then vpon the coast it cannot be that the ships should be strongly armed At Hamburg I did see a ship then building for a man of warre of one thousand two hundred tunnes and among the other ships belonging to that Citie the greatest was called the golden Lion strongly built and bearing eighteene brasse pieces on each side which they named their Admirall But our best Sea men thought them both more fit to defend the Hauen as Forts then to make any fights at Sea In our age thirty seuen ships of Hamburg were laded by the Flemmings with Dantzk Rie for Spaine where they had free trafficke in the heate of the warre betweene England France Netherland and Spaine and of these ships sixe perished in the very going out of the Elue by tempest while English and other ships safely put to sea and the rest despaiting of the Voyage into Spaine were vnladed Not long before my being there they had sent some eight or ten ships into Spaine whereof onely one returned in safetie to Hamburg The City Lubeck hath a greater number of ships then Hamburg but they commonly trading within the Baltick sea seldome troubled with warre or Pyrates and their ships being onely built for burthen are slow of saile and vnfit to fight at sea Besides that for the foresaid reason they carry few or no pieces or other armes To conclude while I was at Lubeck a great ship of that Citie of one thousand foure hundred tuns called the Eagle laded with salt perished in the returne from Spaine Whereupon I then heard our best Sea-men impute great ignorance to the German Marriners of those Cities This shall suffice for their skill in Nauigation whereof I haue formerly spoken in the third Booke of this Volume or Part treating of the trafficke of Merchants in Germany Touching their Lawes and iudiciall courses in generall Of old the Magistrates of Germany were as Captaines of Cities who determined of Ciuill causes at home and had publike meetings yeerely for that purpose most commonly in the moneth of May or at the times of the full and new Moones They came armed to these meetings not all together but euery man at his pleasure and as it pleased the multitude so they sate in iudgement Silence was commanded by the Priests who had power to punish them Then the Prince or King or any eminent person in eloquence or in fauour was heard to speake yet as perswading not commanding and if the speech pleased the people shewed consent by murmuring or otherwise dissent by striking their speares together Here they determined all controuersies and chose new Captaines or Gouernours They had a custome that if any man complained of another hee should make a supper for a hundred men who duely examined the cause and if the plaintife had the right the defendant paid the charge otherwise he scaped free They gaue of free will to their Prince of their Cattell and Corne as much as they thought fit for his honour and necessity Tacitus writes that the old Magistrates of Germany did nothing vnarmed publikely or priuately And the Germans themselues confesse that their old Progenitors seldome tried iniuries by Law but commonly reuenged them with fire and sword and that they shamed not to take preyes by stealth or sorce Quintilianus Varus appointed Gouernour of Germany by the Emperour Augustus did first appoint the iudgement of Scabines which in the Hebrew tongue signifies a Iudge for he had formerly beene Gouernour of Iury These Scabines determined all controuersies and to this day the Germans in most places so call their Iudges The lower and vpper Saxony hath a prouinciall Law yet determines also many causes by the ciuill Law The Statutes of the Diots or Parliaments bind all but the Statutes of priuate Princes onely bind their owne subiects The greatest part of Germany is gouerned by the Ciuill Law And therefore the Doctors of the Ciuill Law are much esteemed among them and are Counsellors of Estate aswell to the Emperour as to other Princes which place they thinke vnfit to be conferred on any Doctors of Diuinity Yea the Princes of Germany haue this peculiar fashion that no sonne vseth his Fathers old counsellors but rather new chosen by himselfe The said Doctors of the Ciuil Law haue priuiledge by their degree to weare chaines of gold about their neckes and feathers in their hats There be in Germany foure kinds of Law giuing or rather foure cheefe Courts of Iustice. The first is that of the Diets or Parliaments vulgarly called 〈◊〉 that is Daies of the Kingdome which meetings by the Law should be made once in the yeere and last no lesse then a moneth at least no man hauing liberty to depart from them without leaue of the Councell Neither may the Emperour or his sonne or the elect King of the Romans make any warre or league without consent of the same The second Court is called Landgericht that is the Iustice of the Land wherein the cheefe men of each Prouince are to be called together thrice in the yeere and are to sit three weekes to determine the cheefe affaires of the Prouince as the Parliaments handle the cheefe affaies of the Empire The third Court is vulgarly called Camergerichl that is the Iustice of the Imperiall Chamber which is held at Spirt foure times each yeere each time lasting forty
captiues At Friburg they haue a Court of Iustice called the Cities Court which iudgeth the citizens causes takes the examination of captiues and puts the accused to the racke or torment but after referres all to the Senate They haue another Court of Iustice for the countrey wherein the causes of subiects dwelling out of the city are determined In both Courts are two of the lesser Senate and eight Iudges of the greater Senate chosen for three yeeres and they meete thrice euery weeke and appeale is admitted from them to the lesser Senate Also twelue Iudges chosen out of both the Senates determine the appeales of the prefectures or gouernements meeting once euery moneth for that purpose and from them there is no appeale The Gouernours are chosen by both the Senates and hold that Office for fiue yeeres but giue accompt yeerely before the lesser Senate and they iudge capitall crimes in their gouernements but the Senate hath power to change mittigate or approue their sentence as they Iudge meete In the third place it remaines to speake of the third forme of gouernement in the three Cities distributed into tribes or companies namely Zurech Bazill Schafbusen wherein the state is diuided into two Orders of the noble and plebean They haue a peculiar society of those called noble which is vulgarly called Eingeselschafft and at Zurech Etn Constaffell but Bazill for the great number of them had two societies which had the chiefe authority the Consull being chosen of one and the tribune next in dignity chosen of the other till the nobility was remoued from gouernement or rather freely gaue it ouer For these Gentlemen first ioined with the House of Austria and were after banished with them till the yeere 1501 a perpetuall league was made with the House of Austria and the Gentlemen returned from banishment but hating the common people left the City to dwell in their Castles whereupon their authority was much diminished and that which remained they vtterly lost in the yeere 1529 when they left the City and opposed themselues to the reformation of religion decreed by the Senate yet the said two societies in name and their publike houses of the societies and the priuate houses in their possession remaine to them at this day but none of the Gentlemen are chosen into the Senate being excluded by the common consent of the Citizens from the gouernement of the Commonwealth which they willingly for sook so as the gentlemen haue really no peculiar society only some few of them dwelling continually in the City are numbered in the foure chiefe Tribes or companies of the Citizens and in them are chosen into the Senate as Citizens and these foure companies are called the companies of the Lords or Gentlemen At Zurech they haue a peculiar society of Gentlemen which hath this priuiledge that halfe as many more are chosen into the Senate out of it as out of any other tribe And in this very society of Gentlemen there is difference among themselues for the old Families haue a peculiar society and a priuate stoaue wherein they onely meete and many Citizens are ioined to the whole society who neither exercise any art nor trade of Merchandize and because Porters and the baser sort must be numbered in some tribe or company all these for occasions of warre are numbered in this society of the Gentlemen called Constaffel and vnder the same they serue in the warres yea and giue their voices in the choice of the Master of the society who is one of the Senate Also at Schafhusen the Gentlemen haue a peculiar society but in all these Cities the people is diuided into tribes or companies vulgarly called Zunft whereas the Gentlemens society is called Geselschafft or Constaffell At Basii there be 15 Tribes whereof 4 are called the tribes of the Lords or Gentlemen namely of the Merchants of the Goldsmiths of the Vintners of the Apoticaries and Silkemen the most populous of all other and the other eleuen are Plebean Tribes of all kinds of Artisans Zurech hath twelue Tribes for the Weauers of wollen cloth being few are numbred among the Dyers Schafhusen hath but eleuen Tribes wherein sometimes Artisans of diuers Arts are ioyned in one Tribe but each Art hath his peculiar Hall and these are called the diuided Tribes and they meete in their peculiar Halles when they consult of any thing concerning their priuate Art but they meete in the common Hall of the Tribe for causes touching the Common-wealth as the choise of Senators or Masters of each Tribe In the said Cities are two Counsels the greater when many meete in the name of the people to consult of weighty causes belonging to the Commonwealth and the lesser which daily sits in iudgement At Zurech the greater Counsell or Senate is of 200 men and the lesser of 50. At Basil the greater is of 244 the lesser of 64. At Schafhusen the greater is of 86 the lesser of 26 Senators To these ad two Consuls the Heads or Presidents of publike Counsels in each of these Cities And this is common to al these Cities that each Tribe hath two Masters chosen for half or a whole yeere which time ended others succeede in that place yet commonly he that was Master the last halfe yeere is chosen againe except there be some impediment The lesser Senate is diuided into new and old and that is called the old whereof the Senators haue serued halfe a yeere and these are not alwaies called to the meetings for some businesse only belongs to the new Senate At Zurech the two Senates are changed each halfe yeere and the old Senate at the halfe yeeres end chuseth the new But at Basil and Schafhusen they remaine in Office a whole yeere And the Masters of the Tribes are chosen by their owne Tribes and confirmed by the greater Senate but they are confirmed by the old Senate at Basil. The voices are openly taken at Zurech but secretly at Schafhusen for certaine men are set ouer the elections in whose eares they giue their Voyces softly whispering The lesser Counsell or Senate meetes commonly thrice or foure times each weeke The Consull is President of both Senates and is chosen by the greater Senate for halfe a yeere and in some places for a yeere The Tribunes are ioyned with the Consuls for Heads and Presidents of the Senates and at Basil nine other are ioyned to them who make the Counsell of thirteene to whom the more weighty affaires are referred to consider of them before they be propounded to the whole Senate Zurech hath a peculiar Counsell which may be called the Exchequer Court consisting of eight men chosen foure out of each Senate and to them all Exchequer accounts are referred Two Clerkes or Secretaries are present at publike Counsels with assistants ioyned to them if neede require and the Office of these Secretaries especially of the chiefe is honourable and gainefull and not easily conferred on any but a Patritian because they
the weauer After sworne men measure and marke the cloth besides other officers who curiously and particularly view each cloth I said before in the History of this towne that it made warre vpon the Abbot when he sought to remoue from it to another towne more absolutely in his power not only the gainefull trade of clothworking but also the holy reliques whereby in those daies great gaine came to them Among the Rhetians or Grisons each conuent or meeting or community hath his Amman and chiefe Magistrates yeerely chosen and a generall Gouernor of the whole leage called Landtrichter that is Iustice of the land yeerly chosen at the publike meeting They haue many conuents or meetings but only three leagues The head of the second league called the house of God is the City of Chur which hath a Cathedrall Church and the common-wealth thereof is not vnlike that of Zurech The three leagues haue but one common-wealth for howsoeuer most places haue their owne Magistrates and Lawes or rather customes and Courts of Iustice aswell for Ciuill as criminall causes yet the chiefe power is in the common or publike Senate of the three leagues consisting of the Burgesses of the seuerall conuents not vnlike the generall Senate of the Sweitzers and the meeting of all the people is seldome called But they haue another Counsell or Senate of the chief men namely the Prouinciall Iudge of the vpper league the Consull of Chur for the league of the house of God the Amman of the third league of the ten Iurisdictions with other chosen men ioined to them but this Counsell hath not full power for the acts thereof are referred to the communities of the leagues that stands in force which the greater part of them doth confirme and the iudgments of such causes as are referred to the seuerall communities are registred in a written booke They determine controuersies and giue Iudgements as the Sweitzers doe Among their Statutes it is decreed by common consent that the Bishop of Chur or any Ecclesiasticall person shall not appoint any Ciuill Magistrates but that they shall be chosen by the voices of the people The three leagues haue their prefectures or gouernments vnder them the gouernor of their Italian prefectures as of those vnder the Sweitzers is vulgarly called Il Podesta from whom the subiects may appeale The three leagues by course appoint these Gouernors for two yeeres and the conuentes or communities by course in their owne league name the said Gouernors for two yeeres Touching the Valesians The conuents of vpper Valesia are seuen and of the lower are six The Bishop of Sedune is the Prince of the Country or region who is named the Earle and Gouernor of the same and he is chosen by the Cannons of the Church at Sedune and by the Burgesses sent from the seuen conuents of vpper Valesia The Captaine of the Country is next to the Bishop and is chosen by the Bishop and the said Burgesses for two yeeres and confirmed by the publke consent of the seuerall conuents and to him all Ciuill causes are referred Each conuent hath a chiefe Magistrate or Maior or Castellan who with the Senate of that counent iudgeth Ciuill and capitall causes and vnder him is the Amman whichis the highest officer in the Cautons dwelling in villages Appeales are admitted from all the seuerall conuents to the publike Senate of Valesia consisting of Burgesses chosen by the conuents and this Senate meetes at Sedune twise euery yere and the Bish op sits in that Counsell and the Baly takes the Voyces By this Senate the Common-wealth is gouerned the gouernours and publike Officers are chosen and it is called the highest Court from which there is no appeale The Lords of Chiurone of old were of great authority and are the Marshalls of the Bishopricke of Sedune Vicounts of Sedune and Seneschalls or Stewards of Valesia The Valesians haue a peculiar Statute to represse the violence of mighty men The Common wealth is gouerned by the Bishop and the seuen Conuents of vpper Valesia whom lower Valesia obeyeth being distributed into sixe prefectures or gouernments and three other prefectures out of Valesia taken or subdued in the Sauoian warre are also subiect to them The Towne of Bipenne hauing league with the three Cantons for ciuill causes acknowledgeth the Bishop of Basil and for Ecclesiasticall iurisdiction is vnder the Bishop of Losanna but hath cast of the yoke of the Papacy and obtained immunitie from the Bishop of Losanna when that Bishoprick and Citie were taken and made subiect to the Canton of Bern. The Bishop of Basil appoints the Maior out of the Senate of the Towne and the Maior taketh an oath from the Citizens and they likewise an oath from him and he with the Senate iudgeth criminall causes and is President for capitall Iudgements The Bishop hath halfe of all fines aboue three pound and certaine tythes with some other reuenewes but the Customes Impositions and Tributes belong to the Citie The Citizens serue the Bishop of Basil in warre but no further from the Towne then they may returne home the same day but if he will vse them further he must hire them with pay The same priuiledges were granted to this Towne by the Bishop in the yeere 1382 which he granted to the lesser Towne of Basil. The publike Senates as well the greater as the lesser are yeerely chosen by all the Citizens and the Master of the Citizens or Burgomaster is next in authority to the Maior and is chosen by both the Senats and when they consult of the Common-wealth the Maior and the Officers of the Bishop goe out of the Counsell The Consull Tribunes Iudges and other Officers are chosen by both the Senates onely the Ensigne is chosen by all the people and he with the Consull hath the care of Pupils This Towne hath some subiects and their Conuents without any Gouernour exercise Iudgements but the greatest matters are referred to the Senate of the Towne The Stipendiary Townes or Cities of the Cantons haue two Counsels or Senates and he that is President of the publike Counsell is called Schuldthess as set ouer debts and at Baden he is chosen by both the Senates Also they haue their Officers their Exchequers and Tributes belongiug to each City but at Baden the customes at the gate belong to the Towne but the impositions vpon Merchandise belong to the Cantons to which the Towne is subiect Lastly they haue Iurisdiction in Ciuill criminall and capitall causes Among them the Towne of Frawenfeld redeemed it selfe from the seruitude of the Monastery of Augia for no small part of the Citizens were Ecclesiasticall slaues to that Monastery At this day it giues an oath to the Lord of Augia the priuiledges alwaies preserued and that Monastery is incorporated to the Bishoprick of Constantia vulgarly called Costnetz The City Iudges haue also power to iudge and punish capitally Touching the prefectures or gouernementes vnder the
must haue full knowledge of the Lawes Customes Priuiledges and all secrets of the Common-wealth Zurech hath two publike Courts of Iudgement or Iustice one of eight Iudges chosen out of the lesser Counsell or Senate who determine Ciuill causes Debts and the like and from them there is no appeale but themselues referre the most difficult matters to the Senate The other determines the causes of the Reuenue Basil hath two Courts of Iustice in the great Towne and a third in the lesser Towne The greater Court consists of ten Iudges who are partly taken out of the Senate partly out of the people and they determine Ciuill and Criminall causes but the Burgomaster or Maior is President for Ciuill causes and the Aduocate of the Empire for Criminall and three men called the Capitall Triumuiri of Senators degree pleade and proue inditements against malefactors But at Zurech and Schafhusen the new Senate iudgeth capitall causes yet the Consull or Burgomaster is not then President as at other times but the Aduocate of the Empire whom the Senate by speciall priuiledge chuseth yeerely out of their owne body And at Basil capitall Iudgements are giuen in a publike place but at Zurech in a close priuate Court with the doores shut and at Schafhusen the accusation and defence are made in open Court but all are excluded when the Senate giues iudgement The lesser Court of the great Towne at Basil doth onely determine small controuersies not exceeding the value of ten pounds The Court of Iustice in the lesser Towne of Basill hath his owne Burgomaster or Consull and determines all causes except criminall At Schafbusen the Cities Court of Iustice determines of debts contracts and the like but if the summe of the controuersie exceed the value of one hundred gold Guldens the Senate iudgoeth it And this Cities Court hath twenty Assessors namely one of each Tribe and eight other chosen by the Senate It hath another Court of Iustice for the Mulcts or Fines consisting of twelue men and the Aduocate of the Empire is President thereof and this Court imposeth Fines and iudgeth the criminall causes of lesse weight as small iniuries and vulgar reproches for the Senate determines of the greater Touching the Magistrates and Officers of these Cities the Consuls called Burgomasters are of chiefe dignity then the Tribunes then diuers Treasurers and Officers about the Reuenues and Tributes The next degree is of those Officers who haue the care of publike buildings and workes then those who haue the care of victuals as those who looke to the weight and goodnesse of bread and those who ouersee the shambles that no vnsound meate be sold and that all things be sold at a moderate price which they set downe and appoint how flesh shall be sold by the pound In like sort the ouerseers of the fish market and salted meates and butter and cheese Likewise the Officers who protect Orphanes and widowes who dispence publike aimes gouerning those houses and who ouersee weights and measures and the publike Schooles Some of the prefectures or gouernements belonging to the Cities are gouerned by the Senate of the City so as the Gouernours remaine Senators in the City and onely at-set daies goe to the Villages for administration of Iustice but the Senate onely iudgeth of capitall causes but to those Gouernements which be larger and farther distant they send Gouernours who iudge not onely ciuill but most capitall causes In priuiledges customes and peculiar Courts of Iudgement where the prefectures haue power to chuse Iudges among themselues the Gouernours alter nothing therein but onely sit as Presidents in their iudgements these their rights alwaies preserued Thus among other the City of Zurech hath two pleasant saire Townes subiect to it which are ruled by the Lawes of Zurech but haue their owne Magistrates and serue Zurech in warre but vnder their owne colours And this shall suffice touching the Common-wealths generall and particular of the Cantons Among the fellowes in league are the Abbot and Towne of Saint Gallus The Abbot is numbered among the Princes of the Empire but his power is much diminished in these daies yet he sets Gouernours ouer many places and his Ammans doe Iustice in his name Also he hath instituted an high Court of Iustice to which appeales are made from the lesser Courts and besides he hath Officers of all kinds after the manner of Princes The Towne as likewise that of Mulhuse and Roteuil is numbered among the Cities of the Empire and it as the other two hath the forme of a Common wealth formerly described sauing that this Towne of Saint Gallus hath some peculiar things It hath sixe Tribes whereof one is of Gentlemen It hath two Senates the greater and the lesser in which lesser Senate are foure and twenty Senators namely three Consuls nine Senators and twelue Masters of the Tribes for each Tribe hath three Masters chosen by the Tribes and confirmed by the lesser Counsell or Senate and one of them yeerely by course gouernes each Tribe being sixe in number the other two are of the Senate and make twelue And twice euery yeere is the choice made of the Senate and Magistrates The first of the three Consuls exerciseth that Office for the present yeere the second did exercise it the yeere besore and the third is Iudge of capitall crimes And the Consull is yeerely chosen by the whole assembly of the people The greater Senate consists of sixty sixe men This Towne hath also an inferiour Consull or as I may say a Deputy Consull The lesser Senate iudgeth ciuill causes The greater meeteth fiue times in the yeere and iudgeth of appeales and of taking new inhabitants and the like and extraordinarily it is called oftner as for iudging capital causes at which time the Aduocate of the Empire whō I said to be the third consul is President of the counsel The whole people is called together thrice in the yeere first when the Consuls are chosen 2. when oath is giuen to the newe Consul thirdly when the Ordination of Tributes is read before the people the Lawes deuided into three Parts are read before the pepole at these three meetings The first Court of Iustice is of fiue men which iudgeth of debts of wages or hires of victuals of iniuries and fines without appeale The court of Iustice for the City is of twelue men changed twice each yeere from it apeale is admitted to the lesser Senate so the cause be aboue the value of fiue pounds but if he that appeales lose the cause he paies a fine to the Iudges The common people of the towne and country liues by making woollen cloth whereupon strict Lawes are made for the same that the web vndressed be viewed by three skillfull men and be marked according to the goodnes and if it be faulty be rent in the middest through the breadth or be burnt where any great fault is found and that publikely besides a fine imposed vpon