he putt in sureties," for himself and his associates, to refrain from any piratical action."

This letter was evidently not delivered, for on May 28, they wrote to Sir John Gilbert, quoting the above letter, and saying that they understood that he had sailed before its receipt, and could not stay his enterprise without very considerable loss. Sir John had written. defending his brothers against the charge of piracy, and had undertaken to be answerable for them. The Council informed him that further complaints had been received; that a Spanish vessel laden with oranges had been taken in Walfled Bay, which must be returned and her captain recompensed. They had heard that "Rouley" had returned to Dartmouth, and that Sir Humphrey was still on the coast, therefore Sir John was required "friendlie to advise them to surcease from proceeding anie further, and to remand them at home and answer such as have been by their company damaged."

A letter was also sent to the Sheriff, Vice-Admirals, and Justices of the Peace, of the County of Devon, instructing them forthwith to charge Sir Humphrey and his company to repair to land, and that Rawley, Eltoffe, and others, who were said to be in Dartmouth, were to be instructed "to surcease from their intended journey and to medle no further therein without express order from their Lordships." The Sheriff was also instructed to make diligent inquiry about any piracies committed by Gilbert, Rawley, Fortescue or any others of the expedition, and to commit the perpetrators to prison, or take sureties from them to answer the charges.

The accusations against Gilbert and his company are contained in the following paper-

"Demands of the King of Spain's subjects against Sir Humphrey Gilbert.

"First, the ship named MARY, Master Gellam Malerna, laden with linen-cloth, haberdash wares, and other merchandise; which, following her voyage from

Spain, was taken by ships of the saide Sir Humfrey and one Master Miles Morgan, and part of the goods were sold in Cornwall, as it has been well proved.

"Item, they demand restitution of the spoil committed by the aforesaid Ships in Galica, where they came aland and sacked the village, and did many outrages to the inhabitants and the church; part of which spoil was likewise sold in Cornwall.

"Item, restitution of certain iron taken from Spaniard.

"Item, a barque of Sir Humfreys's, one Mr. Wigmore being captain, had part of the linen-cloth. He bought of Derifall, master of Mr. Knowell's ship named the FRANCES, a cable and anchor belonging to the French ship that Mr. Knowell's ship took, and paid for them in linen-cloth, being parcel of our demand.

"The Ambassador's request is that the king's subjects may be recompensed for the wrongs done [them, and that the male] factors may be punished according to the amity and league between their Majesties.

"Endorsed.

Information against Sir Humphrey Gilbert, One name corrected in Burghley's hand."

Later on the Spanish ship was restored, and in order to recompense the Captain for his ruined cargo, he was permitted to purchase and transport three hundred quarters of grain from Devonshire. Gilbert, writing to Walsingham, on February 5, 1583, disclaims any participation in these piracies, and, indeed, claims particular merit for having refrained from any illegal act. He says his first voyage involved him in heavy losses, because he would not himself nor suffer any of his company to do anything contrary with his word given to Her Majesty; for if he had not preferred his credit to his gain he need not have returned as poor as he then did.

Mendoza continues to refer to him scornfully as a pirate and robber. On June 29, 1579, he writes: "James FitzMaurice, the Irishman, is now said to be

on the coast of Cornwall, with a ship of eight hundred tons and two small ones, with which he has captured a Bristol vessel, throwing all the crew into the sea. In consequence of this, Humphrey Gilbert, who was robbing on the Coast, has been ordered to go in pursuit of the Irishman, who although he has so few ships is causing them some anxiety."

It is extraordinary how well informed Mendoza always was. The above letter was written on June 29, but it was not until July 24, that a Commission was given to Sir Humphrey Gilbert to attack James FitzMaurice. Some one exceptionally well posted in the intentions of the Privy Council was evidently in the pay of the Spanish Ambassador.

The Commission empowered Sir Humphrey to commandeer any ships or vessels with their pilots and mariners that he might require, whether "within liberties or without." He was instructed to "pursue, ponysshe, correct and plague the said James" and his rebellious navy. More particular instructions were appended. Fitz Maurice was to be carefully watched and his movements at sea promptly reported. If he were encountered, and Gilbert found himself able to attack him, he was to do so, for Her Majesty's honour, and his own safety and credit. If FitzMaurice left Ireland, Gilbert was to follow him up and see in what country he took refuge. Finally, he was authorized to levy upon the most convenient towns for any supplies he needed.1

Gilbert continued in this employment until the following October 5, when Walsingham notified him that his ships were no longer required, and asked him to send some trustworthy person to Ireland to receive them.

1 The result of this levy is amusing. Dublin was called upon for supplies, and sent some biscuits to Cork, but being made of musty corn was wholly lost saving that little that was uttered to such ships as Sir Humphrey Gilbert had in entertainment whom hunger compelled to feed upon it."